Terms and conditions

General Terms and Conditions for the Provision of Training, Coaching, Consulting and Conceptual Services

Here you can download a PDF with our general terms and conditions or view them directly.

Status: 01.09.2020

§ 1 General
(1) These General Terms and Conditions (hereinafter also referred to as “GTC”) apply to the provision of trainings, coachings, as well as consulting and conception services, as well as the billing of travel expenses, pre- and post-processing flat rates, and analysis services by SPM-2000 Consulting GmbH and SPM-2000 Schulung Promotion Management GbR (hereinafter in each case referred to as SPM-2000) in business transactions with consumers, entrepreneurs, legal entities under public law, or special funds under public law (hereinafter referred to as “contractual partners”).

(2) All services agreed between SPM-2000 and the contractual partner are provided exclusively in accordance with these GTC, unless the parties agree otherwise in writing. The uncontradicted acceptance of these GTC shall be deemed to be the agreement of the contractual partner, even if the contractual partner excludes the acceptance of other terms and conditions in its terms and conditions.

(3) Deviating terms and conditions of the contractual partner shall not be accepted. This also applies if the inclusion is not expressly contradicted on the part of SPM-2000.

§ 2 Conclusion of contract
(1) Offers for the provision of services listed under § 1 (1) together with any further main and/or ancillary services shall be made exclusively in writing and shall be binding for one week unless otherwise agreed.

(2) A contract is only concluded when the offer is accepted in text form by a declaration of acceptance.

§ 3 Services
(1) The service content shall be based on the respective service description in the respective offer. Changes to the order (e.g. date, number of participants or similar) require a new agreement in text form.

(2) Insofar as the service content includes the booking of services of third parties, SPM-2000 only acts as the representative of the contractual partner. In this case, the contractual relationship is established between the third party and the contracting party.

(3) In the event that the content of the service includes the receipt of a certificate of attendance or a certificate for the respective participant, the receipt is dependent on the actual attendance and, if agreed, on a subsequent performance review.

§ 4 Fees and costs
(1) The prices for services owed by SPM-2000 result from the offer and, if necessary, agreed contract amendments and/or supplements, alternatively, in particular in the absence of an express agreement, from the current SPM-2000 price list valid at the time of the agreement.

(2) The settlement of travel expenses, pre- and post-processing lump sums and analysis services shall always be made separately on the basis of the SPM-2000 price list valid at the time of the agreement.

(3) Consumer prices are gross prices (including statutory VAT). If the contractual partner is an entrepreneur, a legal entity under public law or a special fund under public law, all prices are net prices plus the applicable statutory VAT.

(4) Offset and retention rights against due payment claims of SPM-2000 are excluded, unless the counterclaim is undisputed or legally established.

§ 5 Payment Terms
(1) Payments are due 30 days after invoicing.

(2) For new contractual partners, 50% of the net invoice amount is due for services in the premises of SPM-2000 (except Open Seminars), for services outside the premises of SPM-2000 and for Open Seminars 100% of the net invoice amount is due six weeks before the service provision or immediately, if the period between invoicing and service commencement is shorter than six weeks. Open seminars are those that are offered by SPM-2000 for anyone to book.

§ 6 Rights
(1) The contractual partner acknowledges the copyright of SPM-2000 on the works created by it (training documents, scripts, concepts, models, etc.). Any reproduction and/or distribution of the works of SPM-2000 by the contractual partner requires the prior written consent of SPM-2000.

(2) The Contractual Partner warrants that the works provided by it for the execution of the order are not subject to copyrights and/or other rights of third parties.

(3) SPM-2000 is obligated to maintain secrecy with regard to all business-relevant information, which becomes known to it and/or has become known to it through or on the occasion of the cooperation with the contractual partner.

(4) The contracting party undertakes to keep secret, in the sense of a trade secret, all information known to it and/or becoming known to it that is not generally published.

(5) SPM-2000 is entitled to also offer all services to competitors of the contractual partner, unless expressly agreed otherwise in writing.

§ 7 Right of withdrawal for consumers in distance contracts

Consumers are entitled to a statutory right of revocation in the case of distance contracts (contracts in which SPM-2000 or a person acting in its name or on its behalf and the consumer use exclusively means of distance communication for the contract negotiations and the conclusion of the contract). A consumer in the sense of § 13 BGB is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Cancellation policy

Right of revocation

If the contracting party is a consumer, he has the right to revoke the contract within fourteen days without giving reasons.

Revocation period

The withdrawal period for services (eg seminars) is fourteen days from the date of conclusion of the contract.To exercise the withdrawal, the consumer must,
SPM-2000

Gohliser Street 7

D – 04105 Leipzig

Phone: + 49 (0) 341 – 33 384 00,

Fax: + 49 (0) 341 – 33 384 01
Email: group(at)spm2000.de

by means of a clear declaration (e.g. a letter sent by mail, fax, e-mail, telephone) about his decision to revoke the contract. He may use the enclosed sample cancellation form, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that he sends the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

In the event of revocation, all payments made must be refunded immediately and at the latest within 14 days of receipt of the revocation. A handling fee will not be charged for this. If SPM-2000 has already started to provide the service, the reimbursement amount is to be reduced by the part already provided.

§ 8 Loss of performance/ Cancellation

(1) If a date for the performance of the service cannot be kept by SPM-2000 due to force majeure, illness, accident or other circumstances for which SPM-2000 is not responsible, SPM-2000 is entitled to make up for the service on a new date to be agreed upon. The liability of SPM-2000 for any damages resulting from failures of the above mentioned kind is excluded.

(2) If an appointment for the provision of the agreed service is canceled/cancelled by the Contractual Partner or if this appointment is canceled for other reasons within the sphere of influence of the Contractual Partner, the following provisions shall apply:

a) Reduction of fees owed for the respective date in the amount of 100% in case of cancellation or cancellation at least 30 calendar days before the agreed date.

b) Reduction of fees owed for the respective date in the amount of 80% of the agreed fee in case of cancellation or cancellation between the 30th and 21st calendar day before the agreed date.

c) Reduction of fees owed for the respective date in the amount of 50% of the agreed fee in case of cancellation or cancellation between the 20th and 14th calendar day before the agreed date.

d) Calculation of 100% of the agreed fee in case of cancellation or cancellation of the agreed appointment 13 calendar days before the respective agreed appointment.

e) Calculation of 100% of the agreed fee in the event of non-participation of one or more participants.

f) In the event that services provided by a third party are affected by the cancellation, the contractual partner shall bear the costs incurred by the third party.

(3) Any cancellation must be made in writing. Decisive for the evaluation of the calendar days until the intended date is the receipt of the cancellation by SPM-2000.

§ 9 Disclaimer
(1) SPM-2000 is liable for the compliance with the essential contractual obligations, however, the liability is limited to the agreed service fee, insofar as such a limitation of liability is legally permissible.

(2) SPM-2000 is not liable for indirect damages, also not for lost profit and/or other financial losses. Also in all other respects any further liability for compensation is excluded, as far as SPM-2000 did not act deliberately or roughly negligently, or a legal liability is indispensable.

(3) This exclusion of liability and the limitation of liability also apply to employees as well as other third parties commissioned by SPM-2000 on its own account.

§ 10 Ancillary obligations of the contracting party

(1) The contract partner must answer all queries made by SPM-2000 completely and truthfully as well as provide information completely and truthfully.

(2) Lists of participants shall be submitted by the Contractual Partner no later than one week before the respective date. A later change can only be made after consultation. Unregistered participants may be denied access to the premises and/or the seminar.

§ 11 Data protection
(1) SPM-2000 processes if necessary. personal data of the contractual partner – in particular the contact data – within the meaning of the DSGVO for the purpose of fulfilling the contract concluded with the contractual partner. If personal data is processed, this is done in accordance with Art. 6 para. 1 b) GDPR.

(2) The contracting partner has the right to receive complete and free information from SPM-2000 about the relevant data stock.

(3) The contract partner has the right to demand from SPM-2000 the correction and deletion of the data as well as the restriction of the data processing. For details on the storage of data, please refer to our privacy policy(https://www.spm2000.de/datenschutz/).

§ 12 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance and jurisdiction shall be Leipzig.

(3) The invalidity or incompleteness of individual provisions of the above GTC shall not affect the remaining provisions. Any invalid or incomplete provision shall be replaced or supplemented by a valid provision which comes as close as possible to the economically intended purpose. The same applies in the event of an unplanned regulatory gap.

Sample cancellation form

(If you want to cancel the contract, please fill out and return this form).

To SPM-2000

Gohliser Street 7

D – 04105 Leipzig

Phone: + 49 (0) 341 – 33 384 00,

Fax: + 49 (0) 341 – 33 384 01

E-Mail: group(at)spm2000.de

I/we hereby revoke the contract concluded by me/us for the provision of the following service (*)

– Ordered on

– Name of consumer(s):

– Address of the consumer(s):

___________________________________

Signature (only for communication on paper)

General Terms and Conditions for the Provision of Agency Services

Here you can download a PDF with our general terms and conditions or view them directly.

Status: 21.09.2020

§ 1 General
(1) These General Terms and Conditions (hereinafter referred to as GTC) apply to the provision and mediation of agency services, namely the own provision and the mediation of services of third parties, as well as the settlement of expenses, hotel and travel lump sums, organization lump sums and other expenses by SPM-2000 Consulting GmbH or SPM-2000 Training Promotion Management GbR (hereinafter referred to as SPM-2000) in business transactions with consumers, entrepreneurs, legal entities under public law or special funds under public law (hereinafter referred to as client).

(2) All services rendered between SPM-2000 and the client are performed exclusively in accordance with these conditions, unless the parties agree otherwise in writing. Acceptance of these terms and conditions without objection shall be deemed to be the Client’s consent, even if the Client excludes the acceptance of other terms and conditions in its terms and conditions. Excluded from this are services provided by third parties.

(3) Deviating terms and conditions of the Customer shall not be accepted. This also applies if the inclusion by SPM-2000 is not expressly contradicted.

§ 2 Conclusion of contract
(1) Offers for the provision of the services listed under § 1.1. The services to be rendered to the client shall be provided exclusively in writing and shall be binding for one week, unless otherwise agreed.

(2) A contract is only concluded when the offer is accepted in text form by a declaration of acceptance.

(2) Insofar as the service content includes the booking of services of third parties, SPM-2000 only acts as the representative of the client. The contractual relationship is established between the third party and the client.

(3) If the third party does not fulfill his contractual delivery obligation, SPM-2000 can withdraw from the contract on behalf of the customer. SPM-2000 will inform the client immediately about the withdrawal. Any repayments made by the third party shall be reimbursed to the client without delay.

(4) In the event that the Customer does not accept the services of the third party, the respective provisions of the contractual partner shall apply to the reversal. The contractual relationship between SPM-2000 and the client remains unaffected.

(5) If a service content includes the receipt of a certificate of attendance or a certificate for the respective participant, the receipt is dependent on the actual attendance as well as, if agreed, on a subsequent performance review.

§ 4 Fees and costs
(1) The prices for services owed by SPM-2000 result from the order confirmation and, if necessary, agreed contract amendments and/or supplements, alternatively from the current price list valid at the time of the agreement.

(2) The settlement of expenses, hotel and travel lump sums, organization lump sums and other expenses shall, if agreed, be made separately on the basis of the price list applicable at the time of the agreement.

(3) Consumer prices are gross prices (including statutory VAT). If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, all prices shall be net prices plus statutory VAT, insofar as such is applicable.

(4) Offsetting and retention rights against due payment claims are excluded unless the counterclaim is undisputed or legally established.

§ 5 Payment Terms
(1) Payment is generally due 30 days after invoicing. The due date of payments to third parties mediated by SPM-2000 depends on the regulations of the respective third party provider.

§ 6 Failure to perform/ Cancellation
(1) If a deadline for the performance of the service cannot be met by SPM-2000 or a third party commissioned by SPM-2000 due to force majeure, illness, accident or other circumstances for which SPM-2000 is not responsible, SPM-2000 is entitled to make up for the performance on a new date to be agreed upon. The liability on the part of SPM-2000 for any resulting damage is excluded.

(2) If an appointment for the provision of the agreed service is cancelled on the part of the client or this is cancelled for other reasons lying in the sphere of the client, the reimbursement regulations of the respective third party apply for services by third parties mediated by SPM-2000. Provided that a performance by SPM-2000 is owed, the following applies:

a) Refund of 100% of already paid fees in case of cancellation or cancellation for other reasons at least 30 calendar days before the intended date.

b) Charge of 50% of the agreed fee in case of cancellation or cancellation for other reasons between the 30th and 21st calendar day before the intended date.

c) Charge of 80% of the agreed fee in case of cancellation or cancellation for other reasons between the 20th and 14th calendar day before the intended date.

d) Calculation of 100% of the agreed fee in case of cancellation or cancellation for other reasons 13 calendar days before the intended date.

e) Calculation of 100% of the agreed fee in case of non-participation of one or more participants.

f) In the event that services of a third party commissioned by SPM-2000 in the direct contractual relationship are affected by the cancellation, the client must bear any costs incurred by the third party.

(3) Cancellation must be made in writing. Decisive for the evaluation of the calendar days until the intended date is the receipt at SPM-2000.

§ 7 Disclaimer

(1) SPM-2000 is liable for compliance with the essential contractual obligations, however, the liability is limited to the service fee agreed between SPM-2000 and the client, insofar as such a limitation of liability is legally permissible.

(3) SPM-2000 is also not liable for the performance of mediated third parties, in this respect the valid contract between the client and the third party applies.

(4) This exclusion of liability and the limitation of liability also apply to employees, as well as other third parties commissioned by SPM-2000.

§ 8 Ancillary obligations of the customer

(1) The client must answer all queries made by SPM-2000 completely and truthfully. Any changes must be reported to SPM-2000 without delay.

(2) The lists of participants must be submitted at least two weeks before the respective date. A later change can only be made after consultation. Participants who have not registered may be denied participation in the respective booked service.

§ 9 Data protection
SPM-2000 collects, processes and uses the personal data of the client, in particular the contact data for the processing of the service provision underlying the respective order. This also includes the e-mail addresses provided. The information also includes information about the address. This is done for the purpose of processing the contract, Art 6 para. 1b) GDPR. For details on the storage of data, please refer to our privacy policy(https://www.spm2000.de/datenschutz/).

§ 10 Ancillary obligations of the contracting party

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Place of performance and local place of jurisdiction is Leipzig, as far as legally permissible.

(3) The invalidity of an individual condition of the aforementioned General Terms and Conditions for the provision of agency services or a regulatory gap contained therein shall not affect the validity of the remaining conditions. The contracting parties shall replace the invalid or incomplete provision with an appropriate one that comes as close as possible to the economic and legal purpose of the intended provision.

Terms and conditions for the purchase of motivational images, videos, cards, calendars and podcasts.

Here you can download a PDF with our general terms and conditions or view them directly.

Status: 21.11.2020

§ 1 General
(1) These General Terms and Conditions (hereinafter also referred to as “GTC”) apply to the purchase of motivational images, videos, cards, calendars and podcasts created and/or marketed by SPM-2000 Consulting GmbH or SPM-2000 Schulung Promotion Management GbR (hereinafter in each case referred to as SPM-2000) in business transactions with consumers, entrepreneurs, legal entities under public law or special funds under public law (hereinafter referred to as “contractual partners”).

(2) All services agreed between SPM-2000 and the contractual partner are provided exclusively in accordance with these GTC, unless the parties agree otherwise in writing. The unopposed acceptance of these GTC shall be deemed to be the agreement of the contracting party, even if the contracting party excludes the acceptance of other terms and conditions in its terms and conditions.

(3) Deviating terms and conditions of the contractual partner shall not be accepted. This also applies if the inclusion is not expressly contradicted on the part of SPM-2000.

§ 2 Conclusion of contract
(1) The presentation and advertising of images on online portals and in catalogs and brochures do not constitute a binding offer to conclude a purchase contract, but merely an invitation to order the products described.

(2) A contract is only concluded when the order is accepted by a declaration of acceptance or by the delivery of the ordered images, videos, cards, calendars or podcasts.

§ 3 Delivery conditions
(1) SPM-2000 is entitled to partial deliveries, as far as this is reasonable for the contract partner.

(2) The delivery period is approximately 14 working days, unless otherwise agreed. It shall commence – subject to the provision in paragraph (3) – upon conclusion of the contract.

(3) In the case of orders from contractual partners with residence and business domicile abroad or in the case of justified indications of a risk of non-payment, SPM-2000 reserves the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If use is made of the advance payment reservation, the contractual partner shall be informed immediately. In this case, the delivery period begins with payment of the purchase price plus shipping costs.

§ 4 Prices and shipping costs for the purchase of motivational images
(1) The prices for the motivational pictures acquired by SPM-2000 depend on the respective picture size and are staggered as follows:

Use of images for web or print up to a size of 3508 x 4961 pixels (300 dpi) (A3) at a price of 19,99 EURO
Use of the images for web or print up to a size of 7016 x 9933 pixels (300 dpi) (A1) at a price of 39,99 EURO

Use of images for web or print up to a size of 8054 x 8054 pixels (72 dpi) (3×3 m) at a price of 99,99 EURO

The images acquired in each case may not be modified. Existing motivational sayings and copyright markings may not be removed.

(2) If the contract partner wishes modified images and/or modified texts, SPM-2000 shall prepare an individual offer.

(3) Dispatch shall take place exclusively by electronic means and shall be free of charge.

(4) Consumer prices are gross prices (including statutory VAT). If the contractual partner is an entrepreneur, a legal entity under public law or a special fund under public law, all prices are net prices plus the applicable statutory VAT.

(5) Offset and retention rights against due payment claims of SPM-2000 are excluded, unless the counterclaim is undisputed or legally established.

§ 5 Prices for cards and calendar
(1) The prices for cards and calendars purchased from SPM-2000 plus flat-rate shipping costs are based on the current SPM-2000 price list valid at the time of purchase.

(2) The shipping fee per order up to 2kg is 6.50 EURO. For express delivery a surcharge of 14,90 EURO will be charged.

(3) The shipping costs for deliveries over 2kg and abroad are different and will be communicated separately.

(4) In the event of fulfilment in partial deliveries pursuant to § 3 para. 1, the shipping costs shall only be incurred for the first partial delivery. If partial deliveries are made at the request of the contracting party, the contracting party shall bear the costs of each partial delivery.

§ 6 Prices for the use of videos and podcasts
(1) Videos and podcasts produced by SPM-2000, which are explicitly marked as freely available, can be used freely, however, SPM-2000 must be marked or named as the author for any kind of use.

(2) Non-free videos are free to use for private individuals for 0.99 EURO. Commercial use is excluded. In any kind of use, the SPM-2000 must be mentioned as the author.

(3) For commercial use in groups or companies, videos that are not freely available can be accessed by up to 50 participants at a price of 4.99 EURO plus VAT. If there are more than 50 participants, the price increases to 9.99 EURO plus VAT. In any kind of use, the SPM-2000 must be mentioned as the author.

(4) Podcasts that are not freely available, are free to use for private individuals for 0.49 EURO. Commercial use is excluded. In any kind of use, the SPM-2000 must be mentioned as the author.

(5) For commercial use in groups or companies, podcasts which are not freely available can be accessed by up to 50 participants at a price of 2.49 EURO plus VAT. If there are more than 50 participants, the price increases to 4.99 EURO plus VAT. In any kind of use, the SPM-2000 must be mentioned as the author.

§ 7 Payment terms

Unless otherwise agreed, payment shall be made in advance or as cash on delivery. The contracting party shall be in default with its payment obligation no later than 30 days after receipt of the invoice.

§ 8 Rights

(1) The contract partner recognizes the copyright of SPM-2000 on the works created by it. Any reproduction and/or distribution of the works of SPM-2000 by the contractual partner requires the prior written consent of SPM-2000.

(2) SPM-2000 is entitled to also offer all services to competitors of the contractual partner, unless expressly agreed otherwise in writing.

(3) In the event of an infringement, SPM-2000 shall be compensated for the damage incurred by it as a result of the infringement.

§ 9 Right of withdrawal for consumers in distance contracts

Consumers are entitled to a statutory right of withdrawal in the case of distance contracts (contracts in which SPM-2000 or a person acting in its name or on its behalf and the consumer use exclusively means of distance communication for the contract negotiations and the conclusion of the contract). A consumer in the sense of § 13 BGB is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Cancellation policy

Right of revocation

If the contracting party is a consumer, he has the right to revoke the contract within fourteen days without giving reasons.

Revocation period

The withdrawal period is fourteen days from the day on which the consumer or a third party appointed by the consumer, who is not the carrier, has taken possession of the goods.To exercise the withdrawal, the consumer must provide the,

SPM-2000

Gohliser Street 7

D – 04105 Leipzig

Phone: + 49 (0) 341 – 33 384 00,

Fax: + 49 (0) 341 – 33 384 01
Email: group(at)spm2000.de

Consequences of the revocation

In the case of revocation, all payments made, including the delivery costs (with the exception of additional costs resulting from the fact that a type of delivery other than the cheapest standard delivery offered by SPM-2000 was selected) are to be refunded immediately and at the latest within 14 days after receipt of the revocation. A handling fee will not be charged for this. If SPM-2000 has already started to provide the service, the reimbursement amount is.

-end of the revocation instruction-

The right of withdrawal does not apply to distance contracts

(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded,

(b) for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed or downloaded from the Internet.

§ 10 Retention of title

The delivered goods remain the property of SPM-2000 until the complete payment of the purchase price.

§ 11 Warranty

(1) SPM-2000 is liable for material defects or defects of title of delivered articles according to the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(2) Any separately agreed seller’s warranties for specific items or manufacturer’s warranties granted by the manufacturers of specific items shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions which may accompany the items.

§ 12 Liability

(1) SPM-2000 is liable for the compliance with the essential contractual obligations, however, the liability is limited to the agreed service fee, insofar as such a limitation of liability is legally permissible.

(3) This exclusion of liability and the limitation of liability also apply to employees as well as other third parties commissioned by SPM-2000 on its own account.

§ 13 Data protection

(1) SPM-2000 processes if necessary. personal data of the contractual partner – in particular the contact data – within the meaning of the DSGVO for the purpose of fulfilling the contract concluded with the contractual partner. If personal data is processed, this is done in accordance with Art. 6 para. 1 b) GDPR.

(2) The contracting partner has the right to receive complete and free information from SPM-2000 about the relevant data stock.

(3) The contract partner has the right to demand from SPM-2000 the correction and deletion of the data as well as the restriction of the data processing.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance and jurisdiction shall be Leipzig.

Sample cancellation form

(If you want to cancel the contract, please fill out and return this form).

To SPM-2000

Gohliser Street 7

D – 04105 Leipzig

Phone: + 49 (0) 341 – 33 384 00,

Fax: + 49 (0) 341 – 33 384 01

E-Mail: group(at)spm2000.de

I/we hereby revoke the contract concluded by me/us for the provision of the following service (*)

– Ordered on

– Name of consumer(s):

– Address of the consumer(s):

___________________________________

Signature (only for communication on paper)