Terms and Conditions

Part I – General Provisions

§1 Scope

(1) If you (hereinafter: “Customer”) subscribe to newsletters/mailings from us

– subscribe to newsletters/mailings from us

– and/or use services/service offerings

– and/or enter into consulting/coaching contracts

– and/or book seminars/events with us

(the B&R Continental UG), the exclusive applicability of these Terms and Conditions (T&Cs) is agreed upon by us. We do not permit the use of our offers without prior acknowledgment of our T&Cs.

(2) Before utilizing our services and offerings, you confirm to be an entrepreneur within the meaning of § 14 BGB and to use our services solely for the purpose of establishing or expanding your (part-time) business activities.

(3) All agreements made between you and us in connection with the respective contract result from these conditions and from individual arrangements with you.

(4) The version of our T&Cs valid at the time of utilization of our services/offers is decisive.

(5) We do not accept differing conditions from the customer. This also applies if we do not expressly object to their inclusion.

§2 Subject of the Contract

(1) We offer our customers participation, provision, and implementation of coaching, seminars, and consulting services – multimedia, video-based, by telephone, and also in-person. The coaching and consulting services are provided standardized or individualized, depending on your booking. The respective service description is derived directly from our offers.

(2) We provide services to the customer in the areas of business consulting, online marketing, and personal development. Unless otherwise expressly agreed in writing, we do not owe the provision of a work in this respect. In particular, we can only predict the success of certain advertising measures based on experience. The customer is aware that such success is not owed by us. If separate remuneration for achieving a certain success of an advertising measure is agreed upon, this will be paid as a success-dependent bonus. However, there is no fundamental claim to achieve a specific success.

(3) With regard to the content of a coaching, service, and/or consulting contract entered into with us, we have a right to determine performance according to § 315 BGB.

(4) The customer is obliged to cooperate within the framework of the contractual relationship. He will perform the required acts of cooperation immediately upon our first request.

§3 Conclusion of Contract

(1) The presentation and promotion of our services on our websites, brochures, or within advertisements (for example on Facebook) do not constitute a binding offer to conclude a contract with us.

(2) The contract between us and the customer can be concluded verbally (video chat, phone, etc.) or in writing. If the contract is concluded verbally, the customer, unless otherwise agreed, has no claim to receive the contractual contents in written form from us.

(3) Contracts between us and the customer are concluded verbally through mutual declarations of intent. The customer consents to us recording the phone call and/or the respective video chat for evidence and documentation purposes.

(4) We will confirm receipt of your orders and assignments submitted via our websites/video chat without delay by email. Such an email does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirming receipt. This is especially the case if you are granted immediate access to your order (e.g., by access to the password-protected participant platform).

(5) If the provision of the services you ordered is not possible, for example, due to technical reasons, we will refrain from making a declaration of acceptance. In this case, a contract will not be concluded. We will inform you of this immediately and refund any services already received.

§4 Prices and Service Provision

(1) All our price quotations are net prices and are subject to statutory VAT.

(2) Our service provision takes place at the times specified in the main contract with the customer.

(3) The customer is obliged to make an advance payment unless otherwise agreed with us. The agreed remuneration is due immediately upon conclusion of the contract.

§5 Termination, Duration

(1) The contract is firmly concluded for the duration specified in the respective main contract.

(2) Unless otherwise agreed between us and the customer, the contract term is extended by the duration of the initial term if neither party terminates the contract at least 4 weeks before the end of the initial term or the extended term (= termination period). Terminations must be in writing to be effective.

(3) Premature/free termination rights of the customer within the contract term are excluded.

(4) The right to terminate without notice for a good cause remains unaffected.

(5) In the event of early termination by the customer for a good cause, our claim for remuneration remains unaffected. The customer is entitled to prove that we have incurred no or significantly lower damages.

§6 Default

(1) Deadlines for service provision by us do not begin until the invoice amount has been fully received by us and, as agreed, the necessary data for the services are fully available to us, or the necessary acts of cooperation have been fully performed.

(2) If the customer is in default with due payments, we reserve the right not to provide further services until the outstanding amount has been settled.

(3) If the customer is in default with a due payment in the case of installment payments, we are entitled to terminate the contract extraordinarily and to cease services. We will claim the entire remuneration due until the next ordinary termination date as damages. Saved expenses are to be deducted.

§7 Fulfillment

(1) We will perform the agreed services according to the offer with the required care. We are entitled to use the help of third parties/service providers.

(2) It is agreed that we owe the provision of services and not the creation of a work unless otherwise and explicitly agreed in writing.

(3) If we are hindered in providing the agreed services and the reasons for the hindrance originate from the customer's sphere, our claim for remuneration remains unaffected.

§8 Behavior and Consideration

(1) The customer must ensure the usual conduct of a reputable merchant towards us. We reserve the right to pursue any illegal and/or improper or unfounded statements about our company and our services, whether by customers, competitors, or other third parties, particularly untrue factual assertions and defamatory criticism, civilly and to report them to the authorities without prior notice.

(2) The customer must ensure a disturbance-free continuation of our programs and services by appropriate conduct towards us and other participants. If the customer disrupts the operation of our programs and services through inappropriate behavior, we will request the customer to cease the disturbances once. In the case of recurrence, we are then entitled to temporarily or permanently exclude the customer from our programs and services. Our claim for remuneration remains unaffected in these cases.

§9 Usage Rights

(1) We hold exclusive exploitation rights to all images, videos, texts, webinars, databases, etc., published by us (e.g., on Facebook or on password-protected platforms). Any use of these contents is not permitted without our consent.

(2) The customer receives a simple usage right regarding the content provided by us in the password-protected member area exclusively for the duration of the contract term. This usage right serves the execution of the contract individually concluded with the customer.

(3) The customer is granted access and logins to our programs, content, and platforms exclusively for the duration of the booked contract term and usually personally. Passing on the provided accesses, login data, and content of our member platforms to unauthorized third parties is strictly prohibited. In the event of violations against the aforementioned obligation, a reasonable contractual penalty, the amount of which will be determined by us at our reasonable discretion depending on the program and may amount to up to 15,000.00 euros, shall be deemed forfeited. Access by the customer's employees is generally approvable but must be expressly authorized and confirmed by us.

(4) By using our member platforms, the customer agrees to the evaluation of the individual usage behavior and the collection of the associated data (including IP and MAC address), which may be personally identifiable, on the respective platform by our company and the use of corresponding software for the duration of the contract term.

(5) Violations of our trade and business secrets as well as our copyrights will always be pursued civilly and reported to the competent investigating authority for prosecution.

(6) The customer does not receive any usage rights regarding advertising texts/ads published by us on our websites or within forums/groups.

§10 Payment Terms, SEPA Direct Debit, Invoice

(1) The remuneration for our services is generally due in full upon conclusion of the contract, unless otherwise agreed individually with the customer.

(2) You can transfer the amount due to one of our specified accounts, grant us a (SEPA) direct debit authorization, or pay by credit card. In the case of a granted (SEPA) direct debit authorization or payment by EC/Maestro or credit card, we will initiate the charge to your account no earlier than the time specified in paragraph 1. A granted (SEPA) direct debit authorization is valid for further orders until revoked.

(3) Payment for the booked services/consultations is only possible in advance using the SEPA direct debit procedure. For this purpose, you are obliged and agree to send us a written and signed SEPA direct debit mandate immediately after the phone call to: kontakt@b-r-continental.com (in advance) and B&R Continental UG, Am Wiesenweg 10
38524 Sassenburg (by mail subsequently). The following template must be used:

I authorize B&R Continental UG, Am Wiesenweg 10, 38524 Sassenburg, represented by the managing directors Brian Kaul and Richard Gogolski, and their agents, to collect recurring, due payments from my account

IBAN:

by SEPA direct debit. At the same time, I instruct my bank to honor the direct debits drawn by B&R Continental UG on my account. I can request a refund of the debited amount within eight weeks, starting from the debit date. The conditions agreed with my bank apply to payments by SEPA direct debit.

First and last name of the account holder

Street and house number of the account holder

Postal code and city

Bank (name and BIC)

IBAN:

Place, date

Signature of the account holder

(4) Entrepreneurs and merchants will receive an invoice for the booked services upon request (email).

§11 Liability

(1) We are liable to you in all cases of contractual and non-contractual liability for damages or reimbursement of futile expenses in accordance with the statutory provisions in cases of intent and gross negligence.

(2) In other cases, we are liable – unless otherwise specified in paragraph 3 – only for the breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely, limited to the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the aforementioned limitations and exclusions of liability.

(4) The customer is obligated, within the scope of their cooperation duties, to provide us only with such image/video/audio material that is free from third-party rights. The customer indemnifies us against any third-party claims for the infringement of intellectual property rights.

§12 Right of Withdrawal

We only enter into contracts with entrepreneurs within the meaning of § 14 BGB. There is no right of withdrawal for contracts entered into by telephone with entrepreneurs.

§13 Data Protection, Consent to Data Processing and Contact

(1) The protection of personal data has the highest priority for us. We therefore provide separate information in our data protection declaration about the collection, storage, and processing of personal data as well as the rights of the affected individuals. You confirm that you have taken note of our data protection declaration before using our services and agree to it.

(2) You consent to being contacted by our company via remote communication methods (e.g., email, SMS, phone, messenger services) on a revocable basis. If you object to being contacted by us, you must send us an email at: kontakt@b-r-continental.de In your objection email, you must specify all the contact methods through which we may no longer contact you. Incompleteness in this regard is not at our expense. The actual receipt of your email by us is decisive.

(3) You consent to the storage and processing of all personal data you provide to us (e.g., application form: name, address, phone number, email address, personal interests, financial circumstances, hobbies, character questions) on a revocable basis. You consent to the use of cookies within our services, the evaluation, storage, and combination of your user behavior, as well as the processing and transmission of your personal data and user profiles left with us for marketing and advertising purposes to third-party companies from non-EU/EEA countries) on a revocable basis. For revocation, paragraph 2 and § 5 of our data protection policy apply.

§ 14 Participation in Seminars and Events

(1) If you book participation in seminars or events with us, your booking is binding. We usually confirm your booking by email.

(2) The customer is only entitled to withdraw from their booking for an important reason in accordance with the provisions of paragraph 3. The customer is obliged to provide qualified proof of the important reason together with the withdrawal declaration.

(3) If the withdrawal declaration is received by us up to 6 weeks before the start of the event in the case of an important reason, processing costs amounting to 35% of the respective participation fee will be incurred. For less than 6 weeks and up to 3 weeks before the event, 50% of the participation fee will be due. For a withdrawal declaration (received by us) less than 3 weeks before the event, the full participation fee will be charged.

The customer retains the right to prove that no damage or significantly less damage than the aforementioned lump sums has occurred to us.

(4) A substitute participant may only be provided with our prior consent.

§ 15 Applicable Law, Jurisdiction

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.

(2) The courts in Hildesheim are exclusively responsible for all disputes arising from the contractual relationship between us and the customer. However, we are entitled to assert our claims against the customer at the customer's general place of jurisdiction.

(3) The contract language is German.

Part II – Special Provisions for Participation in Our Coaching Programs, Membership Platforms, Seminars, and Trainings

§ 1 Netiquette

(1) The customer must always treat other participants/customers and our employees with respect in the context of the contractual relationship with our company.

(2) In the event of culpable violations, we are entitled, after a single warning, to temporarily or permanently block the customer's access to our program and training content at our reasonable discretion, or to exclude the customer from participating in our seminars. The customer's contractual obligations to us remain unaffected in this case.

§ 2 Unauthorized Account Sharing

(1) The customer is not authorized to pass on the account or login data received from us to third parties unless we have expressly agreed to such a transfer (e.g., regarding the customer's permanent employees).

(2) We are entitled to continuously monitor access to our IT systems by IP comparison. The use of technologies that obscure, falsify, or anonymize the user's IP address when accessing our IT systems and program/training content (e.g., Tor Browser) is prohibited.

(3) In the event of culpable violation of the obligations under paragraphs 1 and 2, we are entitled to temporarily or permanently block the customer's account to our systems at our reasonable discretion. The customer's contractual obligations to us remain unaffected in this case.

(4) Unauthorized account sharing is a criminal offense that we will pursue both civilly and criminally.

§ 3 Acquisition of Other Coaching Participants

(1) The customer is permitted in individual cases to acquire other coaching participants from our programs for their own assignments. However, systematic customer acquisition is prohibited. No coaching participant may be harassed by the customer's acquisition attempts.

(2) In the event of culpable violations, we are entitled, after a single warning, to exclude the customer from participating in our social media groups at our reasonable discretion. The customer's contractual obligations to us remain unaffected in this case.

§ 4 Prohibition on Disclosing Internal Information and Trade Secrets

(1) During our training sessions and live calls, other coaching participants may disclose internal company information and business details. Such information must always be kept confidential from outsiders and third parties. Dissemination of this information is prohibited.

(2) In the event of repeated culpable violations by the customer, we are entitled to temporarily or permanently block the customer's access and logins to our programs, content, and training at our reasonable discretion. The customer's contractual obligations to us remain unaffected in this case.

§ 5 Prohibition on Disrupting Training and Program Processes

(1) The customer is prohibited from any actions that cause disruption or impairment of our training and program processes and/or the customer experience of other participants. This applies both within and outside the training structures we provide.