Terms of Service
General Terms and Conditions Table of Contents
1. Scope of Application2. Services of the Provider3. Conclusion of Contract4. Right of Revocation5. Prices and Terms of Payment6. Shortfall of the Minimum Number of Participants in Online Live Courses7. Changes or Cancellation of Online Live Courses8. Contents of the Services and Teaching Material9. Granting of Rights of Use to Digital Content and Transfer of Use10. Duration and Termination of Subscription Contracts11. Liability for Defects12. Liability13. Applicable Law14. Alternative Dispute Resolution
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of SD SpeechDesigner UG (haftungsbeschränkt), trading as "SpeechDesigner" (hereinafter referred to as "Provider"), apply to all contracts for participation in online live courses and the provision of digital content (hereinafter referred to as "Services"), which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Provider with regard to the Services presented on the Provider's website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 Digital content within the meaning of these GTC is data that is created and made available in digital form.
1.4 The subject matter of the contract may be - depending on the service description of the Provider - both the one-time purchase of services and the permanent purchase of services (hereinafter "subscription contract"). In the case of a subscription contract, the provider undertakes to provide the customer with the contractually owed service for the duration of the agreed contract term.
2. Services of the Provider
2.1 On the one hand, the Provider conducts online live
courses and, on the other hand, provides digital content via its website. The
content of the online live courses and the subject matter of the digital
content are set out in the respective service description on the Provider's
website.
2.2 Insofar as the Provider conducts online live courses, it
shall provide its services exclusively in electronic form via online video
conference using appropriate technical means. For this purpose, the Provider
shall provide the Customer with suitable application software before the start
of a video conference. In order to participate in the online video conference
without errors, the Client's system must meet certain minimum requirements,
which are communicated to the Client on the Provider's website. The customer is
responsible for compliance with the system requirements. The provider is not
liable for technical problems that are due to inadequate system requirements on
the part of the customer.
2.3 The Provider shall provide its services through
qualified personnel selected by it. In doing so, the Provider may also make use
of the services of third parties (subcontractors) who act on its behalf. Unless
otherwise stated in the provider's descriptions, the customer has no claim to
the selection of a specific person to provide the commissioned service.
2.4 The Provider shall render its services with the utmost
care and to the best of its knowledge and belief. However, the Provider does
not owe a certain success. In particular, the Provider does not guarantee that
the Client will achieve a specific learning success or that the Client will
achieve a specific performance target. This depends not least on the personal
commitment and will of the customer, over which the provider has no influence.
2.5 Insofar as the Provider provides digital content in the
form of reproducible video material, this shall take place exclusively via the
provision of an online video stream using appropriate technical means. For the
proper reproduction of the stream, the Customer's system must meet certain
minimum requirements, which will be communicated to the Customer on the
Provider's website. The customer is responsible for compliance with the system
requirements. The Provider shall not be liable for technical problems that are
attributable to inadequate system requirements on the part of the Customer.
Insofar as the Provider delivers other digital content that
does not contain reproducible video material, the delivery shall be made via
provision for download.
3. Conclusion of Contract
3.1 The services described on the website of the Provider do not constitute binding offers on the part of the Provider, but serve for the submission of a binding offer by the Customer.
3.2 The customer can submit his offer via the online form provided on the website of the provider. In doing so, the customer, after entering his data in the form, submits a legally binding contractual offer with regard to the selected service by clicking the button that concludes the registration process. Furthermore, the customer can also submit the offer to the provider by telephone, fax, e-mail or post.
3.3 The Provider may accept the Customer's offer within five days,
i) by sending the customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), whereby the receipt of the confirmation of registration by the customer is decisive, or
ii) by requesting payment from the customer after the customer has submitted his contractual declaration.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent. In the case of a contract for participation in a live online course, this applies accordingly in the event that the course selected by the customer begins before the expiry of the acceptance period and the Provider does not accept the customer's offer at the latest 24 hours before the start of the course, unless otherwise agreed between the parties.
3.4 When an offer is made via the Provider's online form, the text of the contract is stored by the Provider after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's offer has been sent. The Provider shall not make the text of the contract accessible beyond this. If the customer has set up a user account on the provider's website before sending the offer, the data on the ordered service will be archived on the provider's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
3.5 Before the binding submission of the offer via the online form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.
3.6 Only the English or German language is available for the conclusion of the contract.
3.7 The Provider's contact for the purpose of contract execution is usually made by e-mail. The customer must ensure that the e-mail address provided by him when submitting the offer is correct so that e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned by the provider to process the contract can be delivered.
4.Right to Revoke
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed:
4.1 Cancellation Policy (Services and Digital Content) Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Deborah Wright, SD SpeechDesigner UG (haftungsbeschränkt), Holzhäuser Str. 33, 73117 Wangen, Germany, e-mail:
post@speechdesigner.com
) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of the revocation If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If, in the case of contracts for services, you have requested that the services begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract. Exclusion or early expiry of the right of withdrawal The right of withdrawal expires prematurely in the case of contracts for the provision of services if we have provided the service in full and we have only started to provide the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal when the contract has been fulfilled by us in full. The right of withdrawal expires prematurely in the case of contracts for the provision of digital content if we have commenced performance of the contract after you have expressly agreed that we commence performance of the contract before the expiry of the withdrawal period, you have confirmed to us that you are aware that you lose your right of withdrawal as a result of your agreement with the commencement of performance of the contract, and we have provided you with a confirmation of the contract on a durable medium in which the content of the contract is reproduced, including the aforementioned conditions for the premature expiry of the right of withdrawal.
4.2 Cancellation Form
If you wish to cancel the contract, please complete and return this form.
To Deborah Wright
SD SpeechDesigner UG (hb.)
Holzhäuser Str. 33
73117 Wangen
Germany
E-mail:
post@speechdesigner.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) _______________________________________________________ _______________________________________________________ Ordered on (*) ____________ / received on (*) __________________ ________________________________________________________ Name of the consumer(s) ________________________________________________________ Address of consumer(s) ________________________________________________________ Signature of the consumer(s) (only in case of paper communication) _________________________ Date (*) Delete where inapplicable
5) Prices and Terms of Payment
5.1 The prices stated by the Supplier are total prices. Value added tax is not shown, as the Provider is a small entrepreneur within the meaning of the UStG.
5.2 Various payment options are available to the Customer, which are indicated on the Provider's website.
5.3 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the Provider is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
6) Falling Short of the Minimum Number of Participants for Online Live Courses
6.1 The Provider may determine a minimum number of participants for its online live courses. If a minimum number of participants is stipulated, the provider shall expressly point this out in the course description.
6.2 If the minimum number of participants is not reached, the provider may withdraw from the contract by giving notice to the customer no later than seven days before the start of the course. If several services are the subject of the contract, the withdrawal by the Provider in the aforementioned cases is limited to the service affected by the shortfall in the minimum number of participants ("partial withdrawal"). The partial withdrawal has no effect on the other agreed services. The provider shall send the customer his notice of withdrawal immediately after becoming aware of the number of participants not being reached, at the latest seven days before the start of the course.
6.3 If the Provider exercises its right of withdrawal in accordance with the above clause, the Customer may demand participation in another online live course of at least equal value if the Provider is in a position to offer such a course from its range of courses at no extra charge to the Customer. The customer must make his request to the provider immediately after receipt of the provider's declaration.
6.4 If the Customer does not exercise his right in accordance with the above clause, the Provider shall immediately refund to the customer any fee already paid for participation in the online live course concerned. In doing so, the Provider shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise.
7) Changes to or Cancellation of Online Live Courses
7.1 The Provider reserves the right to change the time, instructor and/or content of the online live courses, provided that the change is reasonable for the Customer, taking into account the interests of the Provider. Reasonable changes are only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the Provider contrary to good faith. The Provider shall inform the Customer in good time in the event of a change in time, course instructor and/or course content.
7.2 In the event of a significant change in services, the Customer may withdraw from the contract free of charge or instead request participation in another online live course of at least equal value if the provider is able to offer such a course from its range of services at no extra charge to the customer.
7.3 If several services are the subject of the contract, the withdrawal by the Customer in the aforementioned cases is limited to the service affected by the change ("partial withdrawal"). The partial withdrawal shall have no effect on the other agreed services. The Customer may only withdraw from the entire contract if he has no interest in the other agreed services.
7.4 The Customer must assert the rights pursuant to the above clause immediately after informing the Provider about the change in performance.
7.5 The Provider is entitled to cancel online live courses at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fee already paid. In the event of cancellation of the online live course, the provider will endeavour to find an alternative date.
8) Content of the Services and Teaching Material
8.1 The Provider is the owner of all rights of use which are necessary for the provision of the services. This also applies with regard to teaching materials that may be provided to the customer in connection with the provision of the services.
8.2 Any teaching material accompanying the performance (e.g. teaching documents) shall be provided to the customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer shall not be entitled to receive the teaching material in physical form.
8.3 The Customer may only use the contents of the services, including any teaching materials provided, to the extent required in accordance with the purpose of the contract on which both parties are based. In particular, the Customer shall not be entitled to record the contents of the services or parts thereof or to reproduce, distribute or make publicly available teaching materials without the separate permission of the provider.
9) Granting of Rights of use to Digital Content and Transfer
9.1 Unless otherwise stated in the content description in the online shop of the Provider, the Provider grants the Customer the non-exclusive right, unlimited in time and place, to use the content for private and non-commercial purposes.
9.2 The provision of digital content in the form of recorded video material shall be effected exclusively via the provision of an online video stream using appropriate technical means. The provision of other digital content that does not contain reproducible video material shall be effected via provision for download.
9.3 The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Provider may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.
10) Duration and Termination of Subscription Contracts
10.1 Subscription contracts are concluded for an indefinite period and may be terminated by the customer at the end of any month.
10.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
10.3 Terminations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the termination device (termination button) provided by the Provider on its website.
11) Liability for Defects
The statutory liability for defects shall apply.
12) Liability
The Provider shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
12.1 The Provider shall be liable for any legal reason without limitation
ii) in the event of intent or gross negligence,
iii) in the event of intentional or negligent injury to life, limb or health,
iiii) on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
iiv) on the basis of mandatory liability such as under the Product Liability Act.
12.2 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the Customer may regularly rely on.
12.3 In all other respects, liability on the part of the Provider is excluded.
12.4 The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
13) Applicable Law
13.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
14) Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
https://ec.europa.eu/consumers/odr
. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
14.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.