General terms and conditions

Created on 15.01.2020 - Reproduction of these GTC is prohibited. Only the original language and version (German) of these GTC apply.

Scope

1) The following General Terms and Conditions apply to all legal relationships between the Provider and the Participant for participation in coaching, online or face-to-face courses, webinars or seminars (hereinafter referred to as Services). Insofar as you (hereinafter: "Participant/Customer") are provided by us, Peiffer Publishing LLC, 100se 2nd street, 33131 Miami, Florida, United States of America

• and/or make use of services/services/offers,
• and/or enter into consulting/advisory/service/coaching contracts,
• and/or buy/book online/offline seminars / events with us.
• Obtain email newsletters / mailings,

the exclusive validity of these General Terms and Conditions (GTC) is agreed by us. We do not allow the use of our offers without prior approval of these GTC, so it is ensured that the customer knows all the conditions before they are used.

(2) Coaching sessions within the meaning of this contract are individual coaching sessions between the provider and a specified number of participants, in which decisions and problem solutions of the participants are accompanied. Courses within the meaning of this contract are prefabricated instructional sequences for several participants that can be offered on- or offline. Webinars are individual lessons offered online on a specific topic; they can be part of a course, but can also stand alone. Seminars are individual lessons offered offline on a specific topic; they can be part of a course, but can also stand alone.

(3) The services can only be booked by companies or self-employed entrepreneurs or persons who book the course for the start of their self-employment, but not by consumers. Before you start using our services, you agree that you are an entrepreneur and that you will only use our services or conclude contracts with us in order to expand your business or to build up your business. The latter in the sense of starting a business.

(4) We do not accept any conditions that differ from our own. This shall also apply if we do not pronounce on their inclusion or do not expressly reject them.

(5) No verbal collateral agreements have been made. All future amendments to the contract shall be recorded in text form; this shall also apply to the cancellation of this text form clause.

(6) All agreements made between you and us are based on these Terms and on individual agreements we have made with you.

Subject of the contract

(1) We offer our customers services, coaching, training, seminars and consulting services. These can be multimedia, based on videos, by telephone, by online video conferencing software or stationary. The coaching and consulting services can be standardized or individually unique, depending on what the customer books. The concrete service, which is consequently provided after conclusion, is revealed by the consensus and corresponding contract agreed with the customer beforehand.

(2) We provide business consulting, online marketing and personal development services. We do not promise specific results in these areas, and the customer clearly perceives, recognizes and understands this. When we speak of achieving a specific goal in advertising, it is for illustrative purposes only. There is no guarantee that a particular goal will be achieved. Only on the basis of our accumulated experience we can make rough predictions about the expected level of success, but in no case can we guarantee it. As a logical consequence out of this, the customer is indisputably aware that success, a certain amount of sales, profit or the like, can not be owed or expected by us and in principle.

(3) With reference to the subject matter of a service, coaching and/or advisory/consulting contract concluded and agreed by us, we shall have the right to determine the performance.

(4) The customer must cooperate with us proactively in the course of our business relationship. He must provide the necessary cooperation immediately after our request.

Conclusion of contract

(1) The contract is concluded by personal conclusion, by means of remote communication or on the website of the provider.

(2) The Provider is entitled to withdraw from the contract if there is an important reason for refusing participation in the person of the participating company or its management or the course participant.

(3) The participant is not entitled to the provision of technical means to correct his order, separate information on the technical steps to conclude the contract, information on the storage of the contract, the available languages and codes of conduct as well as an immediate confirmation of his order.

(4) We will immediately send you an email to let you know that we have received your order. This is not the same as our promise to execute the order. We will only agree to execute the order when we send you another email telling you that we have accepted your order or when you can immediately use the ordered goods (e.g. a password to access a website or closed video learning platform, plugins, software licenses or similar).

(5) Our presentation and advertising of our services on our online presences (e.g. on YouTube) does not constitute a binding offer to conclude a contract with us.

Payment and default

(1) The calculation of VAT is not applicable, as the service is not taxable in Germany, since all services are provided in a third country.

(2) Our services are provided at the times specified in the main contract with the customer.

(3) The customer is responsible for payment in advance, unless otherwise agreed. The agreed amount of money is due immediately after the conclusion of the contract.

(4) The contractual remuneration shall only apply to the extent that contractual services are listed in the offer of the Provider. Additional services or coaching that go beyond this are to be remunerated in accordance with the contractual regulations in accordance with the offer, as a substitute according to specification as locally customary, appropriate remuneration.

(5) If fees are incurred as a result of a return debit note initiated by the participant, the participant shall bear these in full. This is self-explanatory if the participant was unlawfully responsible for the return debit note, i.e. it was not authorized. This applies to SEPA mandates, PayPal return debits, as well as credit/debit card chargebacks.

(6) The person providing the service has the right to check whether the person using the service has paid. If he/she has not paid, he/she may request proof of payment. If the person using the service cannot provide proof, he/she cannot use the service.

(7) Our deadlines for the provision of the Services shall not commence until we have received the full invoice amount and, as agreed, all data required for the Services are available to us or we have received the full necessary cooperation and collaboration from the Participant.

(8) If the participant, is not able to pay the entire amount at once, we offer as a gesture of goodwill, installment payments. However, if the participant fails to make an agreed payment, we have the right to refuse the service and the entire service until the payments are resumed. If the participant fails to make the agreed installment payment from then on, we may claim the entire balance owed as damages.

Service content and location

(1) The illustration and description of the service and the place of performance on the Provider's Internet are for illustration purposes only and are only approximate. A guarantee for complete compliance is not assumed.

(2) The Provider is entitled to make adjustments to the content or the course of the service for technical reasons, for example if there is a need for updating or further development of the content, provided that this does not result in any significant change to the content and the change is reasonable for the Participant.

(3) For courses, webinars or seminars, the Provider is entitled to replace the announced speaker with an equally qualified speaker if this should be necessary due to the speaker's inability to attend, for health reasons or for other reasons.

(4) The Provider is entitled to change the place and time of the announced service, provided that the change is communicated to the Participant in a timely manner and is reasonable for the Participant.

Fulfillment

(1) We provide the agreed services in accordance with the offer with the necessary care. Since the interest of our customers is in the foreground, we also take the right to use the help of third parties / service providers for this purpose. In doing so, we always ensure that the quality of our services remains at the highest level.

(2) It is agreed that, unless otherwise expressly agreed in writing, we provide consulting services and do not create any works (website, store, etc.) for the customer.

(3) If we are prevented from providing the agreed services and the reasons for the hindrance originate from the customer, the claim against the customer shall remain valid.

Right of withdrawal

(1) The offers & contents of this contract of the company Peiffer Publishing LLC, are directed without exception and expressly only to companies, self-employed entrepreneurs or persons who wish to use our products and services for the start of their self-employment, but in no case to consumers. There is no right of revocation for contracts entered into by telephone with entrepreneurs or persons. This also does not apply to participants who wish to use our offers to start their own business.

(2) The participant agrees and expressly requests that we begin with the execution of the commissioned service before the end of the revocation period. The participant is also aware that he/she loses his/her right of revocation upon complete fulfillment of the contract by us.

Term and termination

(1) The contract shall be validly concluded for the term agreed in the respective main contract. This means that it cannot be unilaterally amended or terminated by either party, except in case of breach of contract.

(2) Unless otherwise agreed between us and the customer, the contract term shall be extended in each case by the duration of the original term, unless one of the contracting parties has terminated the contract no later than four weeks before the expiry of the original term or the extended term (= notice period). Terminations must be made in writing to be effective.

(3) The customer's right to terminate the contract prematurely within the term of the contract is excluded. (4) The right to terminate without notice for good cause shall remain unaffected. (5) In the event of premature termination by the customer for good cause, we shall be entitled to the agreed remuneration less any damages incurred by us. ****The customer reserves the right to prove that we have incurred no damage or significantly less damage.

Power failure

(1) The Provider is entitled to cancel the performance of the service if it or a third party service provider engaged by the Provider, such as in particular the speaker or the event location, is prevented, e.g. by riot, strike, lockout, natural disaster, pandemic, epidemic, severe weather, traffic obstruction or illness, which prevents the Provider from holding the service on the agreed date through no fault of its own.

(2) The Provider is obliged to inform the Participant of any cancellation as soon as possible.

(3) In case of a cancellation according to paragraph 1, the participant is not entitled to compensation.

(4) In the event of a cancellation, the Provider shall offer the Participant an alternative date if necessary. If no agreement can be reached on this, the Provider shall reimburse the Participant for any fees already paid.

Content availability

(1) The service is used for online content on the Internet and can only be fully used with a sufficiently fast Internet connection of the subscriber. It is the responsibility of the subscriber to ensure this.

(2) The Provider strives for the greatest possible availability of the online content. However, constant availability cannot be guaranteed and also depends on the functioning of the infrastructure of the Internet, over which the Provider has no influence.

(3) The Provider is entitled to temporarily restrict or completely block the use of the online content, in particular for maintenance, care and improvement as well as for other reasons necessary for the Provider's operations. In doing so, the Provider shall take into account the average interests of the subscribers as far as possible (e.g. when determining maintenance times). In the event of urgent disruptions, the Provider shall also be entitled to rectify faults during normal business hours.

(4) The Provider shall not be liable for force majeure or operational disruptions occurring at the Provider or the Provider's subcontractors, e.g. due to riots, strikes, pandemics, epidemics, lockouts, which temporarily prevent the Provider from providing the services through no fault of its own. Furthermore, the Provider shall not be liable for data loss or unavailability that could have been easily prevented by the Participant taking appropriate precautions in accordance with the rules of technology and his own precautions.

(5) If the Provider is unable to provide the service due to force majeure, the Provider's obligation to provide the service shall be suspended for as long as the impediment to performance persists.

(6) The availability period of the contents of the entire agreed services can be found in the contract concluded with the participant, unless otherwise agreed. In principle, the provider reserves the right to discontinue all content and services after 1 year of provision. This does not apply to contractually adjusted services such as temporary collaborations and other consulting services.

(7) If an offer is advertised as "lifetime access", this does not refer to the lifetime of the customer, but to the lifetime of active operation of the respective project of our company.

Duties of the participant

(1) The Participant may only use the Services personally and may not make them available to third parties, unless otherwise specified.

(2) Customer may not disclose its account or login information to our platforms, plugins, software, code or parts thereof, unique concepts, and Digital Documents & Files of any kind, to any third party, replicate, duplicate or otherwise reproduce them, or reuse them for any other purpose not expressly agreed to in the Agreement, unless we have consented to it. This is usually only done for employees or founding partners of the customer who need access to our platforms / training content.

(3) We have the right to monitor access to our IT systems by comparing IP addresses. The use of technologies that disguise, falsify or anonymize your IP address when accessing our IT systems and program and training content is not permitted (VPN, VPS, TOR browser, etc.).

(4) If the customer does not comply with the rules for the use of our system, we may block his account temporarily or permanently at our discretion. His obligations to us also apply in this case.

(5) The Participant may not reproduce the contents of the Service and store them outside the Service of the Provider.

(6) In the case of online content, the Participant shall receive the access data for the service from the Provider or shall select such data himself. The purpose of the access data is to exclude the use of the service by unauthorized third parties. If the subscriber selects any himself or changes his access data, he must ensure sufficient password security. Short and easily guessable passwords must not be used. The participant must protect these access data from unauthorized access by third parties and change them at regular intervals for security reasons. Digitally, the participant may only store user names and passwords in securely encrypted form.

(7) If the access data is entered incorrectly several times, access may be blocked to protect the subscriber. If the subscriber is responsible for this blocking, the subscriber shall be liable for the costs and expenses incurred by the provider as a result of the activation in accordance with the local and reasonable costs.

(8) The participant is obligated to notify the provider immediately if the participant becomes aware that third parties have access to his access data or have otherwise gained access to his service. If the Participant does not notify the Provider immediately, the Participant shall be obligated to compensate the Provider for any resulting damage.

(9) We expect our customers to always behave respectfully towards other participants/customers and our employees.

(10) During our trainings, the customer may receive confidential information about the undertakings of other participants. The customer must always treat this information confidentially with respect to other persons outside our programs. He is not permitted to disclose this information to third parties.

(11) Customers must not do anything that could disrupt or interfere with our training and program operations or the experiences of other customers. This applies to what they do inside and outside the training areas we provide.

(12) Coaching takes place on the basis of the preparatory discussions. It is based on cooperation and mutual trust. The participant is not obliged to accept the coaching or implement the recommendations given. The participant is fully responsible for his/her own physical and mental health during the coaching. The participant acknowledges that all steps and measures taken by him/her during the coaching are his/her own responsibility.

(13) If a customer violates this expectation, we will give him one warning before we block his access to our program and training content or exclude him from participation in our seminars. In this case, the customer's contractual obligations to our company remain valid.

(14) We reserve the right to prosecute unlawful and/or improper or fact-free statements about our company and our services, regardless of whether they are made by customers, competitors or other third parties, in particular untrue statements of fact and defamatory criticism. If you make unlawful and/or improper or fact-free statements about our company and services, we reserve the right to file criminal charges against you without prior notice.

Property, copyright and industrial property rights

(1) All service documents of the Provider are protected by copyright. This applies to the content of the Provider on its website, lectures, presentations, scripts, codes, plug-ins, software and other service documents. The participant is not entitled to copy, distribute or publicly reproduce such documents.

(2) The participant is not entitled to make picture, film or sound recordings of the service without the express permission of the provider.

(3) The participant consents to the provider making image, film and/or sound recordings of the courses, webinars or seminars with reproduction of the participant and using them for advertising purposes. The participant is not entitled to revoke or restrict this consent after completion.

(4) The rights and ownership of all content created by the participant in the course of cooperation on our platforms belong to the provider.

Terms of payment

(1) The money you owe us for our services is usually paid directly after the contract is closed, unless your individual agreement with us states otherwise.

(2) You may transfer the money you owe us by transferring it to one of our specified accounts, authorize us to debit a direct debit from your account, or pay by credit/debit card. If you authorize us to make a direct debit from your account or pay by credit/debit card, we will initiate the debit from your account no earlier than the date set forth in Paragraph 1. An authorization granted to us for direct debit from your account shall also apply to further orders until revoked. Furthermore, we offer payment via PayPal.

(3) Payment for the booked services / consultations is only possible by way of advance payment with the modalities listed in point 2. For this purpose, you are obligated and agree to send us immediately after the telephone call a written SEPA direct debit mandate signed by you in advance to Peiffer Publishing LLC, 100se 2nd street, 33131 Miami, Florida, United States of America, (by mail): service(then@)sampeiffer.com (in advance) and Peiffer Publishing LLC, 100se 2nd street, 33131 Miami, Florida, United States of America, (subsequently by mail).

(4) Entrepreneurs and merchants shall receive an invoice for the booked services upon request (e-mail).

Procedure of offline and online events as well as coaching sessions, exclusion of the participant

(1) The Provider has domiciliary rights in the service premises. The participant must follow the instructions of the provider or its employees. The same applies to purely online events or online coaching in digital seminar rooms, which are generally used remotely.

(2) Unless otherwise announced, bringing and consuming your own food and beverages in the offline event rooms is prohibited.

(3) The use of technical equipment by the participant may not be done in such a way that other participants or the speaker are disturbed.

(4) The house rules of the event premises and any other regulations issued by the Provider shall apply in addition.

(5) The Provider may exclude the Participant from further participation in the Event if the Participant culpably violates the obligations under this paragraph. In the case of gross violations, this can also be done without prior warning.

(6) If the participant is excluded by the provider, the participant is obligated to compensate the provider for any damages incurred as a result. In particular, the participant has no claim to full or partial reimbursement of the services already paid by him.

(7) Participants may not use events to systematically acquire customers for their own services.

(8) As soon as the participant books an event from us, the order is binding. The booking will be confirmed by email or WhatsApp.

Liability of the provider

(1) Coaching is the individual development of methods, behaviors and attitudes and therefore always depends to a considerable extent on the cooperation of the participant. The provider cannot guarantee a certain success of the coaching.

(2) The opinions and recommendations of the Provider only prepare the entrepreneurial or personal decision of the Participant. They can in no case replace them.

(3) In the case of coaching held online, the Provider shall only be liable for the proper feeding of data into the Internet at its access point. It shall not be liable if the properly fed data does not reach the participant in sufficient quality. In particular, the Provider shall not be liable for the participant's reception configuration or errors at network operators.

(4) Any items brought to the premises of the Provider are at the risk of the Participant. The provider assumes no liability for loss, destruction or other damage, unless the provider is guilty of gross negligence or intent.

(5) The Provider is not liable for the content of external links on the Provider's website, in particular not for advertising information provided by the Provider of premises and/or third party speakers.

(6) The provider is not liable for legal consequences towards the participant, which are in the area of IT's, media, copyright, plagiarism or tax law, if they are self-inflicted. The provider is never legally or professionally authorized towards the participant or able to guarantee complete legal aspects regarding the coaching content. This applies with regard to the legal texts on the website, DSGVO/data protection guidelines and copyright infringement guidelines that are legally compliant in the respective country of the participant. The Provider agrees, to the best of its knowledge and belief, to provide advice on compliant legal implementation by drawing attention to, among other things, legal experts, third-party software or third-party solutions. This may result in additional costs for the participant. The participant acknowledges, as he/she is responsible for the correct compliance with all legal aspects of his/her self-employment, to inform himself/herself continuously and at regular intervals about innovations in the legal field and to educate himself/herself further.

(7) The Provider cannot be held liable in any way if the Participant misuses or abuses third-party software recommended by the Provider as part of the Service, or if the company of this third-party software claims damages.

(8) The Provider shall not be liable for damages to the Participant that are due to technical errors or malfunctions of third-party software. In particular, not if the reason for malfunctions or failures is the incorrect operation of the participant of this third-party software, not as specified.

(9) Supplementary: We cannot exert any direct influence on code or software solutions from third-party providers. Therefore, the clarification of technical malfunctions, failures or problems regarding third-party software is generally the responsibility of the participant. The Participant shall take care of contacting the third-party company in order to initiate possibilities for a problem solution if the cause of the problem lies precisely with this third-party company.

Privacy

(1) In accordance with Art. 6 Para. 1 lit. b DSGVO, contractual data is collected for the contract (e.g. name, address and e-mail address, any services used and all other data transmitted electronically or transmitted for storage which is required for the performance of the contract), insofar as it is required for the establishment, content or amendment of a contract.

(2) The contract data will only be passed on to third parties if it is necessary (according to Art. 6 para. 1 lit. b DSGVO) for the fulfillment of the contract, if this corresponds to the overriding interest in effective performance (according to Art. 6 para. 1 lit. f DSGVO) or if there is consent (according to Art. 6 para. 1 lit. a DSGVO) or other legal permission. The data will not be transferred to a country outside the EU unless the EU Commission has determined that data protection is comparable to that in the EU, consent has been given for this purpose or the standard contractual clauses have been agreed with the third party provider.

(3) Data subjects can request information about the stored personal data free of charge at any time. You may at any time request correction of incorrect data (also by way of supplementation) as well as restriction of their processing or also the deletion of your data. This applies in particular if the purpose of processing has expired, a required consent has been revoked and no other legal basis exists or the data processing is unlawful. The personal data will then be corrected, blocked or deleted without delay within the legal framework. There is always the right to revoke a given consent to the processing of personal data. This can be done by an informal communication, e.g. by mail. The revocation does not affect the lawfulness of the data processing carried out until then. Transfer of the contractual data in machine-readable form may be requested. Insofar as a violation of the law is feared as a result of the data processing, a complaint can be submitted to the competent supervisory authority.

(4) In principle, the data shall only be stored for as long as required by the purpose of the respective data processing. Further storage is possible above all if this is still necessary for legal prosecution or for legitimate interests or if there is a legal obligation to retain the data (e.g. tax retention periods, statute of limitations).

(5) You can find more about data protection in our privacy policy.

Jurisdiction, application and place of performance

The Provider's place of business shall be the place of jurisdiction. However, the provider is also entitled to sue the participant at his place of residence or business. Unless otherwise stated in the order confirmation or the contract, the Provider's place of business shall be the place of performance. This document shall be governed by the laws of the United States of America. The place of jurisdiction for legal disputes arising from this document is the respective registered office of the Company.