Business Conditions
Holistic Language Center (HLC)
Am Schaumburger Hof 10
53175 Bonn, Germany
Phone +49 228
Whats app: +49 171 9 444 009
Email: info@holistic-language-center.com
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1 subject of the contract
1.1. The subject of this contract is the advice, preparation, implementation and planning of language training, cultural training, coaching, translation, interpreting and all related main and ancillary services.
1.2. If the contractual partner acts on behalf of third parties, this has no effect on the legal relationship between Holistic Language Center, hereinafter referred as ‘’HLC’’ and the contractual partner.
1.3. The individual commissioning of ‘’HLC’’ by the contractual partner is based on ‘’HLC’s offer agreed between the parties and approved by the contractual partner. Any general terms and conditions (GTC) of the contractual partner do not apply to the contractual relationship existing between the parties. This also applies if the parties do not expressly exclude the contractual partner’s general terms and conditions in individual cases or if the contractual partner refers to them. The validity of such general terms and conditions – in whatever form – is hereby expressly rejected.
2 Obligation of the contractual partner
2.1. Information, data and documents from the contractual partner that are required for ‘’HLC’’ to provide the services (including information on the content required for language training, goals, areas of activity of the participant, previous knowledge, etc.) must be provided by the contractual partner according to type and scope.
2.2. If the contractual partner’s obligations to cooperate in accordance with Section 2.1. are not fulfilled and ‘’HLC’’ is therefore unable or not fully able to provide the contractual services, this generally has no impact on ‘’HLC’’ ‘s claim to remuneration.
2.3. The contractual partner is fully responsible for the permissibility under data protection law of passing on personal data from his sphere to ‘’HLC’’. This includes, but is not limited to, personal data of course participants such as contact details, position, language level, etc.
2.4. Any liability on the part of ‘’HLC’’ in this regard is completely excluded in terms of type and scope, or the contractual partner will fully indemnify ‘’HLC’’ from all related claims by third parties in terms of type and scope. ‘’HLC’’ must be informed immediately if it becomes aware of an infringement.
3 cancellations
3.1 In the event that the contractual partner cancels booked course hours and does not do so within a period of 24 hours before the start of the respective course hour (on the previous day between Monday and Friday and not after 5:00 p.m.), ‘’HLC’’ is not obliged to provide services. Without this fundamentally affecting ‘’HLC’’ ‘s claim to remuneration.
3.2. Cancellation of course lessons can be made by telephone or email. If the entire course is to be canceled, this must at least be done in text form in email.
4 commitments from ‘’HLC’’
4.1. The type and scope of the services to be provided by ‘’HLC’’ result from the separate written agreements to be made between the parties, in particular the offer/order agreed between the parties and approved by the contractual partner.
4.2. The parties will also make corresponding agreements in the offer/order regarding the type and scope of the proof obligations (e.g. course certificates).
4.3. In order to fulfill the obligations arising from the contractual relationship between the parties, ‘’HLC’’ is entitled to use freelance employees (language trainers), affiliated subsidiaries, sister companies or independent specialist companies and other third parties suitable in terms of type and scope as subcontractors.
4.4. If it becomes necessary for the contractual partner to grant ‘’HLC’’ rights within the scope of providing the service, this is deemed to have taken place upon release of the agreed offer to the required extent. The contractual partner also guarantees that he is authorized to grant rights to the necessary extent. The provisions contained in this paragraph regarding third-party claims in the event of legal infringement apply accordingly.
4.5. The granting of rights to ‘’HLC’’ also includes the authorization to grant sublicenses.
5 Compensation
5.1. The remuneration to be paid to ‘’HLC’’ results from the offer agreed between the parties and approved by the contractual partner. All prices are invoiced net, i.e. plus the applicable sales tax, currently 19%. If ‘’HLC’’ is exempted from VAT for certain courses in accordance with Section 4, 21 UstG. ‘’HLC’’ will inform the customer about this before the course starts.
5.2. The due date for the invoiced remuneration occurs upon receipt of the invoice by the contractual partner. If the contractual partner defaults, the statutory default interest in accordance with Section 288 Paragraph 2 of the German Civil Code (BGB) applies at a rate of 9 percentage points above the applicable base interest rate of the European Central Bank.
5.3. ‘’HLC’’ is entitled to issue advance/provisional invoices. If payment on the advance invoice is not made at least three days before the agreed course date when the invoice is issued on time, ‘’HLC’’ is entitled to cancel any courses booked or to suspend them until final payment has been made. The date of receipt of payment applies. The cancellation or suspension has no influence on the contractual partner’s obligation to pay. Any costs resulting from the cancellation/suspension, including trainer costs, must be borne by the contractual partner.
5.4. We reserve the right to assert further damages caused by default.
5.5. If ‘’HLC’’ has to provide a certain quality of service, this must be explicitly agreed in the offer, including any effects (e.g. reduction in remuneration in the event that the agreed quality or objective is not achieved).
6 Liability
6.1. ‘’HLC’’ undertakes to carry out the work assigned to it with professional and commercial care to the best of its knowledge and belief, taking into account the generally recognized principles of the industry.
6.2. ‘’HLC’’ ‘s liability is excluded in terms of type and scope, unless ‘’HLC’’ acts intentionally or grossly negligently or there is a breach of essential contractual obligations. The limitation of liability does not apply in the event of injury to life, limb or health.
6.3. In the event of slight negligence (unless there is a case of legally standardized unlimited liability according to the above regulations), ‘’HLC’’ ‘s liability is limited overall to immediate foreseeable or contract-typical damages and the amount to the remuneration to be paid to ‘’HLC’’. Lost profits will not be replaced.
6.4. Warranty claims against ‘’HLC’’, except in the case of intent, become statute-barred after one year from the start of the statutory limitation period.
6.5. The contractual partner releases ‘’HLC’’ from third-party claims if ‘’HLC’’ acted at the express request of the contractual partner, although concerns were expressed regarding the admissibility of the measure to be carried out.
7 Term of the contract
7.1. The term of the contract results from the offer agreed between the parties and approved by the contractual partner and ends, unless a separate agreement is made (duration and/or achievement of agreed goals), with the fulfillment of all mutual contractual obligations.
7.2. The right to terminate for good cause remains unaffected. In particular, if the contractual partner should become insolvent, over whose assets insolvency proceedings are opened or an application for the opening of such proceedings is made or the opening of insolvency proceedings is rejected due to lack of assets, the contractual partner repeatedly violates contractual obligations despite written warnings and the breach of contract does not occur eliminated within 30 days of receipt of the reminder.
7.3. Termination must be made by registered letter.
7.4. If ‘’HLC’’ has entered into long-term obligations towards third parties, the contractual partner agrees to fulfill these obligations with the involvement of ‘’HLC’’ even after the end of the contract. At the request of the contractual partner, ‘’HLC’’ will transfer all rights and obligations of these agreements to the contractual partner or another third party named by him, provided that the latter releases ‘’HLC’’ from such agreements.
7.5 Conditions of participation for language exams telc
7.5.1. Registration is only effective upon receipt of the examination fee.
7.5.2. On the exam date, the participant must identify themselves with a valid photo ID, such as an ID card, residence permit, visa or passport.
7.5.3. The participant cannot postpone the agreed examination date. The fee for an examination date not attended due to illness or other reasons will be forfeited.
7.5.4. Before the exam, cell phones and other means of communication must be handed over to the person in charge.
7.5.5. The examination regulations and the general terms and conditions of telc gGmbH apply, which you undertake to comply with when you register. You can find both as downloads here http://www.telc.net/agb We draw particular attention to § 7, §15 and §16 of the examination regulations.
8 Confidentiality Obligation
The parties agree to the strictest secrecy regarding the content of this contract, in particular as far as this concerns the agreement made between the parties in the cost estimate, but also other information relating to the business operations of the other party, to the extent that it can be assumed that this is to be described as requiring confidentiality. Each party takes all necessary technical and organizational measures to ensure the confidentiality obligation. The obligation to maintain confidentiality continues beyond the end of the contract.
9 Final Provisions
9.1. ‘’HLC’’ will retain all relevant documents for a period of two years. After this period of time, the documents will be handed over to the contractual partner at his expense or destroyed.
9.2. Changes and additions to this contract must be in writing. This also applies to this written form clause.
9.3. Should a provision of this contract be or become ineffective, the validity of this contract should not be affected. In this case, the parties will replace the invalid provision with a legally permissible and economically reasonable provision that should come as close as possible to the effective provision.
9.4. Place of jurisdiction and place of performance is Bonn.
9.5. This contract is subject to German law.
