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Terms

General Terms and Conditions of Pfann GmbH, Owner: Marko Pfann & Stefanie Pfann, Schwärzenbach 6, 83703 Gmund am Tegernsee, Germany for Entrepreneurs and Merchants.

1. Scope of Application

  • The following General Terms and Conditions (GTC) apply to all contracts concluded by Pfann GmbH with its customers when they are entrepreneurs, merchants, legal entities under public law, or special funds under public law (hereinafter referred to as "Customer" or "Client").
  • These GTC apply exclusively. Differing, conflicting, or supplementary General Terms and Conditions of the customer become part of the contract only if Pfann GmbH has expressly agreed to their validity. This requirement for consent applies in every case, for example, even if Pfann GmbH begins to provide services unreservedly in the knowledge of the customer's GTC.

2. Services of Pfann GmbH / Customer Participation

  • Pfann GmbH provides coaching and consulting services to entrepreneurs and self-employed individuals in the field of online marketing and inquiry/lead generation. Unless expressly agreed in writing to the contrary, Pfann GmbH does not owe the customer the provision of work/a specific success.
  • In terms of the services to be provided by Pfann GmbH to the customer, Pfann GmbH has the right to determine the execution according to § 315 BGB.
  • Pfann GmbH is entitled to have services owed to the customer performed by subcontractors and third parties. Personal performance is not owed.
  • If video calls are agreed upon between Pfann GmbH and the customer, the scheduled dates are binding. There is no right to transmission or catch-up. This does not apply if the reasons for the hindrance originate from Pfann GmbH.
  • The customer must always ensure the technical requirements necessary for using the services of Pfann GmbH (sufficient internet connection, camera, microphone, etc).
  • Regarding seminars, the venue will be individually specified by us within the scope of the offer or the order confirmation.
  • If Pfann GmbH recommends specific advertising measures to the customer, in the event of implementation, the customer must bear the corresponding costs of third-party providers. The terms and conditions of the respective third-party providers apply.
  • The customer is solely responsible for the legally compliant design of any online marketing measures.
  • The customer must always perform the required acts of cooperation completely and on time at the first request of Pfann GmbH. If the customer fails to cooperate and thus prevents the provision of services by Pfann GmbH, Pfann GmbH's claim for compensation remains unaffected.
  • Our hourly coaching/consulting rate is EUR 1,500. Workshops are EUR 3,000 for 1 day and EUR 5,000 for two days, excluding travel costs.

3. Engagement and Acceptance

  • By purchase on this site, or hiring one of our team members, clients hereby engage the Consultant, Pfann GmbH, and Consultant agrees to provide all consulting services for the Project as set forth in the invoice.

4. Quality of Services

  • Client shall review, on a continuous basis, all Services rendered or performed by Pfann GmbH. Pfann GmbH shall use its best efforts to achieve satisfactory results. Client shall notify Pfann GmbH, in writing, if all or any part of the Services are not acceptable. Client shall supply a written explanation of the reasons why the Services have been deemed unacceptable. Such notice shall be supplied no later than ten (10) days following the conclusion of the billing period in which unsatisfactory performance occurred. If concurred by Pfann GmbH, Pfann GmbH shall thereafter, at no additional charge, modify and/or remedy its performance to make the Services reasonably acceptable to Client as long as it stays within 3 revision rounds. The client may at any time cancel services with Pfann GmbH through Pfann GmbH’s website to end recurring payments with Pfann GmbH. However upfront  payments are non-refundable.

5. Taxes

  • Pfann GmbH will add EU, country specific sales tax where applicable.

6. Conclusion of Contracts

The contract between Pfann GmbH and the customer can be concluded by telephone, in writing, or in text form.

7. Payments, Prices, Conditions

  • Prices stated and communicated by Pfann GmbH are binding. The communicated prices are net plus statutory sales tax.
  • Unless otherwise agreed individually, the compensation owed by the customer is due immediately, in full amount, and in advance.
  • Pfann GmbH issues a proper invoice to the customer showing sales tax (possibly through agents).
  • If agreed direct debits cannot be collected from the customer's account and a chargeback occurs, the customer is obliged to transfer the owed amount to Pfann GmbH within three working days after the chargeback and to bear the costs caused by the chargeback.
  • Offsetting with counterclaims is mutually only permissible if the respective other contractual partner has acknowledged the offsetting or if it has been legally established. The same applies to the exercise of a right of retention by a contractual party.
  • Down-payments are non refundable, yet you will not loose the credit in case you can not start working with us at the time intended.

8. Termination, Duration

  • The contract has the minimum term individually agreed upon between the parties. Early termination is excluded.
  • Any free rights of termination of the customer are excluded.
  • Terminations require written form to be effective.
  • The right to extraordinary termination for important reasons remains unaffected.

9. Default / Extraordinary Termination

  • Deadlines for the provision of services by Pfann GmbH do not begin until the invoice amount has been received by Pfann GmbH and the data necessary for the services are completely available at Pfann GmbH or the necessary acts of cooperation have been completely performed.
  • If the customer is in default with due payments, Pfann GmbH reserves the right to not perform further services until the outstanding amount has been settled.
  • If the customer is in default with at least two due payments to Pfann GmbH in the case of installment payment, Pfann GmbH is entitled to terminate the contract extraordinarily and to discontinue the services. Pfann GmbH may claim the total compensation due until the next regular termination date as damages.

10. Performance

  • Pfann GmbH will perform the agreed services according to the offer with the required care. Pfann GmbH is entitled to make unrestricted use of third parties for this purpose.
  • If Pfann GmbH is prevented from providing the agreed services and the reasons for the hindrance originate from the customer's sphere, Pfann GmbH's claim for compensation remains unaffected.

11. Conduct and Consideration

  • The customer must ensure the usual behavior of an honest merchant towards us. We reserve the right to take civil legal action against any unlawful and/or improper or unfounded statement about our company and our services, whether by customers, competitors, or other third parties, especially false factual claims and defamation, and to report them to the authorities without prior notice.
  • The customer is obliged to ensure the smooth progress of our programs and (also virtual) events and to follow our instructions immediately. In case of repeated violation of a once given instruction, we are entitled to exclude the customer temporarily or permanently from the respective participation. Our claim for compensation remains unaffected in these cases.

12. Usage Rights

  • Subject to individual agreements to the contrary, the customer receives only a simple and non-transferable right of use concerning the work and performance results created and provided by Pfann GmbH for the duration of the contract term. Performance and work results within the meaning of the underlying contract are all work or services or parts thereof created by Pfann GmbH for the customer (e.g., all information, documents, evaluations, videos, photos, know-how acquired in the course of order fulfillment, advertisements, drawings, materials, specifications, program designs, (electronic) files, data collections, individual software including associated documentation, manuals, and IT systems in the form of source codes or otherwise).
  • Paragraph 1 applies exclusively under the proviso that the customer has paid the compensation due to Pfann GmbH under the main contract in full.
  • If instalment payment is agreed, the right of use named in paragraph 1, subject to individual agreements to the contrary, passes to Pfann GmbH only after the full payment of the last instalment.
  • The customer is strictly prohibited from passing on the access, login data, and content of our member platforms provided to them exclusively for the duration of the booked contract term, and usually personally, to third parties not authorized by us. This also applies to affiliated companies. In case of violations against the aforementioned obligation, a reasonable contractual penalty, the amount of which is to be determined by us at our reasonable discretion depending on the program, is considered as forfeited to us. Access by company employees/employees of the customer is generally approvable but must be expressly authorized and confirmed by us against the customer.
  • By using our member platforms, the customer agrees to the evaluation of the individual user behavior and the collection of the associated data (including IP and MAC address), which may be personal, on the respective platform by our company and the use of appropriate software for the duration of the contract term.

13. Right of Withdrawal

There is neither a statutory right of withdrawal for entrepreneurs within the meaning of § 14 BGB and merchants according to the Commercial Code (HGB) nor is such a right otherwise granted by Pfann GmbH.

14. Liability

  • Pfann GmbH is liable for damages – regardless of the legal reason – only for intent and gross negligence. In case of simple negligence, Pfann GmbH is only liable:
  • a) for damages resulting from injury to life, body, or health.
  • b) for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, the liability is limited to the replacement of the foreseeable, typically occurring damage.
  • Within the limits of paragraph 1, Pfann GmbH is not liable for data and program losses. The liability for data loss is limited in amount to the typical recovery effort that would have occurred with regular and risk-appropriate creation of backup copies. Liability under the Product Liability Act remains unaffected, as does liability for the assumption of a guarantee.

15. Severability

  • Deviations from these GTC are only effective if they have been agreed in writing. Individual agreements made with the customer in specific cases (including ancillary agreements, supplements, and modifications) always take precedence over these GTC. The content of such agreements is determined by a written contract or written confirmation from Pfann GmbH.
  • The entire contractual relationship between Pfann GmbH and the customer is subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  • The place of performance is the registered office of Pfann GmbH. The exclusive place of jurisdiction for commercial matters is the registered office of Pfann GmbH, currently in Munich.
  • Should one or more provisions of the contract become invalid or unenforceable for factual or legal reasons, this shall not affect the validity of the remaining contract provisions. Pfann GmbH and the customer are obliged to replace the invalid or unenforceable provision with a valid provision that comes closest to the economically intended purpose.

GTC effective as of: August 14th, 2014 © Reproduction prohibited