General Terms and Conditions of KEGON AG
1. scope of application
For all business relations established via this website www.kegonacademy.com between KEGON AG, Wiesbaden, (hereinafter referred to as "KEGON") and its customers these General Terms and Conditions of KEGON AG (hereinafter referred to as "GTC") shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the customer shall not become part of the contract, even if KEGON does not object to their validity. The provision of services by KEGON does not imply any acceptance of the customer's terms of contract.
1.2 KEGON addresses its trainings offer on this website exclusively to companies, legal entities under public law as well as special funds under public law in the sense of § 310 para.1 BGB (in these GTC collectively referred to as "Customer"). The scope of application of these GTC is therefore limited to transactions with the aforementioned legal entities. These GTC do not apply to consumers.
1.3 The services of KEGON are distributed via the ticketing provider Pretixrami.io GmbH, Berthold-Mogel-Straße 1, 69126 Heidelberg, Germany). The customer recognizes the validity of the GTC of Pretix (https://pretix.eu/about/de/terms) bindingly with order and confirmation via checkbox in the order process.
1.4 Payment can be made via the payment service provider Stripe (Stripe Inc., 510 Townsend Street, San Francisco 94103, U.S.). In this case, the customer bindingly accepts the validity of the GTC of Stripe (https://stripe.com/de/privacy) with the order and confirmation via checkbox in the order process.
2. conclusion of contract/booking
2.1 The training offers listed on www.kegonacademy.com each represent a non-binding offer by KEGON to conclude a contract for the respective training. The customer can initially place a training offer from KEGON in the shopping cart without obligation and correct the entries at any time before sending the binding order by using the correction aids provided and explained for this purpose in the order process.
2.2 The creation of a customer account is possible but not required. A guest booking is possible.
2.3 The booking can be completed by clicking the button "Order with obligation to pay".
2.4 Immediately after sending the order, the customer receives an order and booking confirmation from KEGON, which also represents the acceptance of the contract offer for the training booked by the customer. At the same time, KEGON stores the text of the contract in its electronic data processing. Customers have access to their data and invoices at any time via a customer account.
2.5 Conclusion and execution of the contract shall be in German or English..
2.6 The requirement for invitation to the working areas of the training (whiteboard, communication, chat, online meetings, etc.) is to provide a mail address.
3.1 KEGON provides training services to customers to impart knowledge and skills for agile project methods. KEGON provides its services according to the description of the booked training on the www.kegonacademy.com either as a face-to-face training or online training (remote). The content of the contract is exclusively based on the training description of KEGON according to the training booked by the customer.
3.2 If KEGON offers the participants the acquisition of an official certificate at the end of the respective training, participation in this is voluntary and the test results are not viewed and evaluated by KEGON, except for offers on the subject of OKR, but by the respective license partner of the training offer and the certificate examinations. Performance reviews are generally conducted exclusively by the license partner. The examination requirements and certificate contents are regulated in detail under "Certificates" in the description of the respective trainings.
3.3 In the event that a training is conducted in facilities provided by KEGON, KEGON shall provide the facilities suitable for conducting the training together with the necessary technical equipment (electronic means of communication).
3.4 KEGON is entitled to move face-to-face training to a remote classroom for important reasons. In this case, the further training measure will be transmitted live by remote technology. KEGON will notify such a relocation at least 7 days before the start of the training.
4. prices and payment
4.1 The prices and fees shown on the website www.kegonacademy.com are exclusive of the applicable statutory value added tax. This also applies to the flat rates in the event of cancellation by the customer (cf. Section 7).
4.2 The customer receives an invoice sent to his mail address simultaneously with the booking confirmation.
4.3 Payments shall be due upon receipt of the invoice and shall be paid by the Customer no later than fourteen (14) days after receipt of the invoice. To meet the deadline, the invoice amount must be credited to KEGON's account.
4.4 Payment for the booked training shall be made according to the customer's choice within the scope of booking the training by credit card, bank transfer or Stripe. Payment can also be made in full or in part by specifying a value voucher issued by KEGON by entering the voucher code.
4.5 The customer may neither set off nor exercise a right of retention against the claims of KEGON, unless the customer bases the set-off or retention on counterclaims which are uncontested, legally established or ready for decision. Furthermore, the customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
5. rights to event documents
5.1 All training, education, seminar and lecture materials, presentations as well as working materials and documentation (hereinafter collectively referred to as "Event Materials") are protected by copyright.
5.2 KEGON grants the customer a temporally and spatially unlimited, simple, non-transferable right to use the event documents. KEGON grants this right subject to full payment for the services.
5.3 In all other respects, all intellectual property rights shall remain with KEGON or the respective rights holders. The customer is neither entitled to physical nor non-physical exploitation of the event documents, in particular he or she is not allowed to copy, photograph or otherwise use the event documents independently of the training purpose. The legal right of the customer to pass on to third parties original physical copies of event documents provided to him by KEGON remains unaffected.
5.4 The customer is obligated to retain unchanged all protective notices such as copyright notices and other reservations of rights in the event documents.
6. photo and film shoots at events / model release
6.1 In the course of booked events, photographs and film recordings may be made in which participants can be seen and, in the case of sound recordings, heard. Provided that the explicit consent of the participants has been obtained, KEGON may use these photographs and film recordings for marketing and advertising purposes, including image cultivation of KEGON and for advertising its products and services in analog and digital form.
6.2 The aforementioned consent in section 5.1. includes in particular the use of the photographs and film recordings in presentations and advertising materials (e.g. in event flyers, in customer presentations, at trade fairs) as well as making them publicly available via the Internet, including social networks or social media.
7. cancellation by the customer, substitute participant
7.1 The Customer may cancel its participation in a booked event at any time prior to its commencement. The cancellation declaration must be in text form; this also includes the use of the cancellation function on the website.
7.2 Cancellation more than 3 weeks before the start of the training is free of charge. If the customer cancels his participation up to three (3) weeks before the start of the event, KEGON will charge a flat processing fee of one hundred and fifty euros (€150) net. If the cancellation is made up to one (1) week prior to the start of the event, the customer shall pay a flat rate of 50% of the agreed participation fee. In case of a later cancellation and in case of non-participation, the full participation fee will be charged as a lump sum. The customer shall be at liberty to prove that KEGON has incurred a lower loss than the relevant aforementioned lump sum due to the cancellation or non-participation; in this case, the lower amount shall be applied instead of the lump sum.
7.3 The transfer of event participation to a substitute participant is possible at any time. However, the substitute participant must be named to KEGON in text form beforehand.
7.4 Bookings can be changed to another event date free of charge up to 3 weeks before the start of the training, subject to availability. If the participant changes the booking up to one (1) week before the start of the event, the customer shall pay a lump sum of 50% of the agreed participation fee. The customer is at liberty to prove that KEGON has incurred a lower loss than the relevant above lump sum due to the change of booking; in this case the lower amount is to be applied instead of the lump sum.
8. change of speakers
KEGON uses carefully selected instructors with the respective required qualifications to provide the services. KEGON shall be entitled at any time to replace speakers used for the provision of services with speakers with comparable qualifications and experience. If these speakers have been communicated to the customer by name, KEGON will inform the customer about the replacement.
9. cancellation of events by KEGON
9.1 KEGON is entitled to cancel planned events if the number of participants required to cover the costs is not reached during their implementation. In such a case, the cancellation must be declared to the customer at least three (3) weeks before the planned event date. A cancellation is also permissible if the event cannot be held for a reason for which KEGON is not responsible (e.g. illness of the speaker without a replacement speaker being available).
9.2 In case of cancellation of the event by KEGON the customer will be refunded his participation fee by KEGON. However, the customer can only claim damages or reimbursement of expenses if and insofar as the conditions of section 10 are fulfilled. Any travel expenses of the customer are not refundable.
10.1 KEGON shall be liable in accordance with the statutory provisions in the event of intent, fraudulent intent, assumption of a guarantee for the relevant quality of the performance, under the Product Liability Act as well as for damages resulting from injury to life, body or health.
10.2 If KEGON is responsible for gross negligence, liability shall be limited to the foreseeable damage typical for the contract.
10.3 In the event of simple negligence, KEGON shall only be liable, irrespective of the legal grounds, if an essential contractual obligation has been breached, i.e. an obligation the fulfillment of which makes the proper execution of the order possible in the first place and on the observance of which the customer regularly relies and may rely (e.g. obligation to hold events in accordance with the contract). In this case, liability shall be limited to the foreseeable damage typical for the contract.
10.4 As far as the liability according to the above clauses 10.2 and 10.3 is limited to the contract-typical foreseeable damage, KEGON assumes that per case of damage three thousand (3,000) Euros are sufficient to cover the contract-typical foreseeable damage in case of damage. If this amount is not sufficient to cover the contract-typical foreseeable damage, the customer shall inform KEGON in text form so that a corresponding adjustment of the liability sums can be made by the contracting parties and KEGON can cover the higher risk, if necessary, by a corresponding liability insurance.
10.5 The limitations of liability agreed in this Clause 10 shall also apply in favor of KEGON's legal representatives and vicarious agents.
10.6 The provisions of this Clause 10 shall apply accordingly if KEGON has to reimburse expenses instead of damages.
10.7 Any further liability claims of the customer for damages or reimbursement of expenses other than those expressly mentioned shall be excluded, irrespective of the legal grounds.
11. data protection
12. reference customer nomination
KEGON may name the customer as a reference participant in the context of advertising. For this purpose, the customer grants the right, irrespective of the transmission, carrier and storage technologies, to name the customer as a reference customer using his company name and possibly company logo. For this purpose, the Customer shall grant the Contractor the necessary rights of use to any trademark rights. The aforementioned consent may be revoked for good cause; legitimate interests of KEGON shall be taken into account in this respect.
13. final provisions
13.1 Any amendments, supplements to these GTC shall be made in writing; this shall also apply to the cancellation or modification of the written form requirement.
13.2 The exclusive place of jurisdiction for all disputes arising from and in connection with these GTC shall be Wiesbaden. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods and German private international law shall not apply.
13.3 If individual provisions of these GTC or of the contracts concluded on the basis thereof are or become invalid, this shall not affect the validity of the remaining provisions. In place of any invalid provision, a substitute provision shall apply which corresponds or at least comes close to the purpose of the agreement, as the contracting parties would have agreed to achieve the same economic result if they had known of the invalidity of the provision. The same shall apply to incompleteness.