§ 1 Applicability Agreement & General
(1) All contractual relationships and services of Nasher Negotiation Institute, Prof. Dr. Jack Nasher, Nigerstraße 2, 81675 Munich (hereinafter “Nasher”), in particular online trainings, in-house trainings, seminar events and other services, are based on these General Terms and Conditions (hereinafter “GTC”).These are an integral part of all contracts which Nasher concludes with its contractual partners (hereinafter the “Customer”) regarding the services or deliveries offered by Nasher (Nasher and Customer hereinafter individually each the “Contractual Partner” and jointly the “Contractual Partners”).
(2) These GTC shall also apply to all future deliveries, services or offers made to the Customer within the framework of a term contract, without these GTC having to be agreed separately in each individual case. Unless otherwise agreed, these GTC shall apply in the version communicated upon conclusion of the term contract.
(3) These GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Customer or third parties shall only become part of the contract if and to the extent that Nasher has expressly agreed to their application in writing. General terms and conditions of the Customer or third parties shall therefore not apply subject to express consent, even if Nasher does not separately object to their application in the individual case or refers to the exclusive application of these GTC. The consent requirement shall apply in any case. In particular, Nasher’s reference to a letter containing or referring to the general terms and conditions of the Customer or a third party, as well as the unconditional performance or delivery in knowledge of the general terms and conditions of the Customer or a third party shall not constitute consent to the application of those general terms and conditions.
(4) These GTC apply in addition to individual contracts or offers offered by Nasher. If and to the extent that agreements made with the Customer in individual cases (including ancillary agreements, supplements and amendments) contain deviations from these GTC, such deviations shall in any case take precedence over these GTC. The remaining provisions of these GTC remain unaffected.
(5) If written form is required in these GTC, § 126 of the German Civil Code (BGB) shall apply. Unless individual provisions of these GTC expressly provide otherwise, the transmission by telecommunication of a copy of the respective document, in particular by fax or as a PDF copy by e‑mail, shall be sufficient to comply with the form requirement, provided that the copy of the signed declaration(s) is transmitted.
(6) References to the applicability of statutory provisions shall only have a clarifying meaning. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.
§ 2 Offer & Conclusion of Contract
(1) The services of Nasher displayed, advertised and offered on the website of Nasher or in other advertising media or on other platforms do not constitute binding offers. This shall also apply if documents, demo accesses, other product descriptions or examples of Nasher’s services are provided to the Customer, unless the transmission is part of an individual offer.
(2) Individual offers of Nasher shall have a period of validity and acceptance of one month from receipt of the offer by the Customer, unless the offer provides otherwise. Nasher may accept orders or assignments of the Customer within two weeks after receipt.
(3) In the case of registrations for seminars, the registrations will be considered in the order in which they are received, as the number of participants for the seminars is limited. A contract is only concluded with the confirmation of registration by Nasher by e‑mail. Registration can be made via the Internet, in exceptional cases also by telephone, in writing, by fax or e‑mail.
(4) The legal relationship between Nasher and the Customer shall be governed by the written contract for the provision of a service by Nasher including these GTC. The contract shall reflect in full all agreements between the contracting parties on the subject matter of the contract. Subsidiary agreements and supplements to the concluded contract must at least be in text form (e.g. e‑mail), unless otherwise provided for in these GTC. § 1 para. 5 of these GTC remains unaffected.
(5) In deviation from the above paragraph 4 sentence 1, it shall also be sufficient for the conclusion of the contract if an individual offer of Nasher not signed by hand is returned signed by the Customer, whereby also in this case the transmission by telecommunication, in particular by fax or as a PDF copy by e‑mail, shall be sufficient, provided that the copy of the signed declaration is transmitted. § 1 para. 5 of these GTC shall remain unaffected.
§ 3 Prices, Terms of Payment & Due Date
(1) The agreed prices shall apply to the scope of services or deliveries listed in the signed contract, otherwise in the offer or in the order confirmation of Nasher. Subsequently ordered change requests and additional services (including additional or special services) may be charged separately.
(2) All prices are quoted in euros plus statutory value added tax and any packaging costs. Any expenses incurred in the interest of the customer (e.g. application and registration fees) shall be reimbursed separately. In the event of billing on an hourly basis, the time required for the provision of the service stated in advance shall be based on estimated values; the actual amount of work incurred shall be decisive.
(3) In the case of term contracts, the services of Nasher shall be invoiced monthly at the beginning of the following month, unless otherwise agreed. In the case of individual orders, change requests and additional services Nasher’s performance shall in principle be invoiced after the performance of the service. Nasher shall, however, be entitled to provide services only against partial or full advance payment or provision of security; this shall apply in particular in the case of orders of a larger scope and amount of work, if the Customer has been in default of payment in the past or if Nasher becomes aware of circumstances after conclusion of the contract which are likely to substantially reduce the creditworthiness of the Customer.
(4) The invoices of Nasher are to be paid 10 days after receipt without deductions, but always before the respective seminar date, otherwise there is no permission to participate in the seminar. The date of receipt by Nasher is decisive for the date of payment. Payment by check is excluded.
(5) If the Customer fails to make payment when due, the outstanding amounts shall bear interest from the due date at a rate of 9 percentage points above the base interest rate; the right to claim higher interest and further damages in the event of default as well as the statutory flat rate pursuant to Section 288 (5) of the German Civil Code shall remain unaffected. Furthermore, Nasher shall be entitled to suspend the work carried out by it until receipt of payment. If the payment deadline is exceeded more than three times, this shall constitute an important reason within the meaning of §§ 314, 626 BGB and shall entitle Nasher to terminate the Term Contract without notice if, also taking into account the other circumstances, Nasher cannot reasonably be expected to adhere to the contract. Claims already incurred shall remain due for payment in the event of termination of the contract. Nasher’s right to withdraw from an individual order shall be determined in accordance with the statutory provisions.
(6) Offsetting against counterclaims of the customer or the retention of payments due to such claims shall only be permissible if the counterclaims are undisputed or have been legally established.
(7) Factoring / payment information: The contractual partner is informed that the claims arising from the order can be assigned to Meridiem Finanz GmbH, Kieshecker Weg 240, 40468 Düsseldorf, as well as to a refinancing institution, whereby these companies are then also entitled to store, process or use the data related to the assigned claims and to obtain information from SCHUFA Holding AG in Wiesbaden, in compliance with the provisions of data protection law. Mail: info@meridiem-finanz.de Tel: 06331 53 18 65 2 The contractual partner is aware that payments are to be made exclusively to the payment account specified on the invoices.
§ 4 Requests for changes & reservation of right to change
(1) Nasher’s offer is continuously updated. On the website of Nasher all information is provided up to date. Nasher expressly reserves the right to make necessary adjustments or deviations in the content and methodology of seminars and other services without changing the subject and the overall character of the seminar in question.
(2) Nasher reserves the right to change the date and place for organizational reasons or, in exceptional cases, to refer or switch entirely to online dates and online services.
(3) The signed contract shall be decisive for the scope, type and quality of the services, otherwise the offer or the order confirmation of Nasher. Requests for changes in relation to the contractually agreed service of Nasher and additional services that go beyond the contractually agreed range of services may also be requested and transmitted by e‑mail.
(4) Nasher may refuse change requests or additional services if the provision of these services would involve unreasonable effort. Nasher may accept or reject the change requests or additional services within two weeks after receipt. In the case of requests by e‑mail, the acceptance or rejection of the change requests or additional services by Nasher shall also be declared by e‑mail.
(5) Additional remuneration on an hourly basis shall be incurred for the fulfillment of the change requests or the provision of the additional services, unless a fixed price for the changes or additional services has been agreed between the contracting parties. If a fixed price had been agreed for the original performance by Nasher, Nasher shall inform the Customer in advance of the hourly rate set and the additional costs likely to be incurred. If an hourly rate had already been agreed for the original service of Nasher, this hourly rate shall also apply to the changes and additional services. In this case the Customer will only be informed about the expected duration upon request.
(6) The time required for the provision of the change requests or additional services specified in advance in the case of invoicing on an hourly basis shall be based on estimated values. The actual amount of work shall be decisive.
§ 5 Service provision, deadlines & delays
(1) Nasher may freely determine the content, manner, scope, time and place of the performance of the Services within the scope of what has been contractually agreed. Nasher may also use freelancers and other subcontractors in the performance of the service.
(2) In seminars, instruction and exercises are designed in such a way that an attentive participant can achieve the seminar objectives. A certain training success is not owed.
(3) The dates stated in the signed contract — otherwise the dates stated in the offer or in the order confirmation of Nasher — are binding. The dates stated therein shall be observed by both contracting parties. The Customer shall be obliged to provide the data, documents and information required for the performance of the services by Nasher as soon as possible and to perform any other acts of cooperation required on its part.
(4) Nasher shall not be responsible for delays in performance due to force majeure and due to circumstances for which the Customer is responsible and shall be entitled to postpone the performance of the affected services for the duration of the hindrance plus a reasonable start-up and planning period or to refer to online courses and online services. Nasher will notify the Customer of delays in performance or changes in performance due to force majeure. In the event of a minimum contract term, delays for which the Customer is responsible at the beginning or during the term of a contract shall extend the minimum contract term by the delay period.
(5) Services can only be used after successful payment.
§ 6 Copyright & Rights of Use
(1) Nasher retains ownership or copyright of all offers and cost estimates submitted by it as well as documents and aids made available to the Customer in the context of an offer. The Customer may not make these items accessible to third parties as such or in terms of content, disclose them, use them himself or through third parties or reproduce them without Nasher’s express consent. At Nasher’s request he shall return these items in full to Nasher and destroy any copies made if they are no longer required by him in the ordinary course of business or if negotiations do not lead to the conclusion of a contract. Exempted from this is the storage of electronically provided data for the purpose of usual data backup.
(2) All rights, including those of translation, reprinting and reproduction of the training documents or parts thereof are reserved by Nasher. No part of the training documents may be reproduced in any form — not even in part — without the written and express permission of Nasher — not even for the purpose of teaching — in particular processed using electronic systems, duplicated, distributed or used for public reproduction.
(3) The services provided by Nasher are legally protected. Nasher is exclusively entitled to the copyright, any patent rights, trademark rights and other intellectual property rights.
(4) The Customer shall receive the simple, non-transferable right, unlimited in time and space, to use the products created for the Customer by Nasher in accordance with the purpose of the contract. The right of use shall continue to exist beyond the duration of the contractual relationship. The Customer is only entitled to use the services provided by Nasher itself in its own business and for its own purposes and may not pass them on or resell them to third parties without the prior written consent of Nasher; the exception to this is the passing on of services which, according to their purpose, are intended for distribution to third parties (e.g. newsletters). If the Customer violates this or if the Customer does not comply with his payment obligations pursuant to § 3 of these GTC even after setting a reasonable deadline, the right of use shall expire or be suspended for the period of the breach of contract and Nasher shall be entitled to prohibit the use of its works protected by intellectual property rights.
(5) The Customer warrants that he has all rights to modify and publish texts, fonts, images and all other copyright protected materials which he makes available to Nasher for use in its advertising or in its online store. He further warrants that he has the right to transfer the rights of use of such material to Nasher for Nasher to publish such material on his behalf on its website or in its online store. Any liability of Nasher arising from the infringement of property rights, copyrights and rights of use or other intellectual property rights of third parties in respect of the materials made available by the Customer shall be excluded.
(6) If the Customer is subject to special labeling obligations when using material protected by copyright or other intellectual property rights (e.g. licensing requirements in the case of so-called stock images), the Customer must expressly inform Nasher of this and provide appropriate instructions for action.
(7) If Nasher does not receive any further information on the transmitted material, it may assume that it can use this material freely for the Customer. This includes changing, supplementing or shortening the content of texts, cropping, supplementing, alienating or changing images and other material protected by copyright or other intellectual property rights in the interests of the Customer and publishing them in the Customer’s name without citing sources.
§ 7 Cancellations and right of revocation
(1) Beyond any right of cancellation, registrations for seminars can be cancelled up to 6 weeks before the start of the seminar, but the obligation to pay 50% of the fee remains. Alternatively, in lieu of the 50% fee, there is the option to attend an approved alternate date. If a registration is later cancelled or a no-show for the seminar, the full seminar fee is due. However, this does not apply if a substitute participant is arranged. In case of rebooking to another date less than 6 weeks before the start of the seminar, a rebooking fee of 175 € plus VAT per seminar day will be charged.
(2) Nasher reserves the right to cancel the event for organizational reasons (e.g. if the minimum number of participants is not reached or the speaker is unable to attend due to illness or force majeure) up to one week before the scheduled date. In case of a cancellation by Nasher, there is the option to cancel within two weeks or alternatively to choose an alternative date. Further claims do not exist. In the event of cancellation by the customer due to cancellation by Nasher, Nasher shall only bear 50% of the necessary non-cancelable costs incurred by the customer (e.g. for any hotel bookings).
(3) Any right of revocation shall expire upon commencement of the contract, participation in a seminar or upon commencement and call-off of the service by the customer.
§ 8 Warranty, Liability, Limitation of Actions
(1) Unless otherwise provided for in these GTC including the following provisions, the Customer’s warranty rights and Nasher’s liability in the event of a breach of contractual and non-contractual obligations shall be determined in accordance with the statutory provisions.
(2) Nasher shall be liable for damages — irrespective of the legal grounds — within the scope of fault liability in the event of intent and gross negligence. In other cases Nasher shall be liable — unless otherwise provided for in para. 3 — only for damage arising from the breach of a material contractual obligation; in this case, however, liability shall be limited to compensation for the foreseeable, typically occurring damage. Sentences 1 and 2 shall also apply in the case of breaches of duty by persons whose fault Nasher is responsible for according to statutory provisions (e.g. vicarious agents).
(3) Liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitation of liability. The aforementioned limitation of liability shall furthermore not apply insofar as Nasher has fraudulently concealed a defect or has assumed a guarantee for the quality of the product.
(4) Nasher is not responsible for the content provided by the Customer. In particular, Nasher is not obliged to check the content for any legal violations.
(5) Nasher expressly assumes no warranty or responsibility for the economic success of the services provided to the Customer.
(6) The statutory provisions shall apply to the limitation period.
§ 9 Term contracts, notice period & contractual penalty
(1) Term contracts have a minimum contract term of twelve months, i.e. they can be terminated at the earliest at the end of the minimum contract term. The notice period is one month to the end of the month.
(2) If a term contract is not terminated, it shall be automatically extended by the respective contract term, however, for a maximum of another twelve months. In the event of automatic renewal, the contract shall be renewed at the most favorable price.
(3) Within the scope of the online term contract, the customer receives a personal license and a personal right of use, which is limited to three IP addresses. The disclosure of access data or content to third parties is not permitted. Unauthorized disclosure may result in the blocking of the customer’s user account. In this case a refund of already paid fees is excluded.
(4) Nasher reserves the right to claim a contractual penalty of EUR 10,000 in the event of repeated and more severe violations of the aforementioned paragraph 3.
§ 10 Privacy, Password Security & Availability
(1) Nasher shall be entitled to store electronically the data relating to the respective order and to process and use such data for operational purposes in accordance with the statutory provisions and Nasher’s data protection provisions.
(2) The disclosure of data to third parties is only permissible insofar as this (for example, when registering domains or similar) is the subject of the contract or necessary for the performance of the contract or disclosure is required by law or by official order.
(3) The contractual partners are obliged to transmit passwords, personal data and other highly sensitive information only securely.
(4) The statutory obligations arising from the General Data Protection Regulation (EU-DSGVO), the Federal Data Protection Act (BDSG) and the Telecommunications Act (TKG) shall remain unaffected.
(5) The customer shall not be entitled to any claims due to temporary short-term inaccessibility of the online services, in particular within the scope of term contracts.
§ 11 Jurisdiction, Choice of Law and Mediation
(1) The contractual relationship between Nasher and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the provisions of international private law.
(2) For all disputes arising out of or in connection with the contractual relationship between Nasher and the Customer (including those concerning the existence or termination of the contractual relationship) the courts in Munich shall have exclusive jurisdiction in the first instance. This shall apply irrespective of whether the Customer has its registered office in Germany or abroad.
(3) In the event of any disagreement arising out of or in connection with the contractual relationship (including any disagreement concerning the existence or termination of the contractual relationship) which they are unable to settle among themselves, the contracting parties agree to call upon a competent mediator at the place of jurisdiction before resorting to legal action.
§ 12 Final provisions
(1) Amendments and supplements to all contracts must be made in writing to be effective, unless another legal form requirement exists. This shall also apply to amendments to this paragraph.
(2) Should any provision of these GTC or any provision incorporated in them in the future be wholly or partially invalid or unenforceable or later lose its validity or enforceability, the validity of the GTC shall not be affected thereby.
(3) The same shall apply insofar as contracts between the contracting parties contain a loophole. In place of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply which comes as close as possible to what the contracting parties intended or would have intended according to the meaning and purpose of the contract if they had considered the point when concluding this contract or when subsequently including a provision.
(4) The severability clause in para. 2 of these GTC shall not be understood as a reversal of the burden of proof, but rather as a waiver of § 139 BGB.
Status: 18.08.2023
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