Terms and conditions
The general terms and conditions of forwardservice GmbH apply to lectures, seminars, training sessions, workshops, consultations and coaching. You can download the general terms and conditions of welearning here:
01. Confirmation of the contract
The order is only considered valid after a written acceptance of the offer or the signed return of the order confirmation by the customer or by a mutual signing of the contract.
The scope of the individual services derives from the conditions within the offer, the contract, or the order confirmation signed by both parties. Content and/or organizational changes or deviations can be made before or during implementation, provided they do not completely change the core aspect of the order.
Unless otherwise agreed, the service is remunerated as follows: 50 percent of the agreed fee according to the order confirmation is due upon order confirmation, the remaining 50 percent plus expenses are due immediately after the service has been rendered. You will receive an invoice for the order according to the order confirmation on the respective due date. Payable after receipt of invoice, free of charge, and without deduction for payment.
In the invoice, unless otherwise noted in the agreement, is recorded:
- Speaker fee, travel expenses from/to the event location (flight – business class, train – 1st class).
- A flat rate of EUR 0.85 (net) per kilometer when arriving by car.
- Accommodation costs: If the client wishes the speaker to stay longer, or if it is not possible to arrive or depart on the day of the presentation during normal business hours, the accruing accommodation costs (a hotel category of at least 4 stars) must be paid by the client.
- The arrival and departure of an accompanying person.
04. Obligations of the client
The client assumes the costs and the responsibilites for the set-up of the event location, including the technical equipment (e.g. beamer, microphone, video equipment, etc.). Meals, accommodation, and other conference expenses are noted separately on the invoices.
05. General conditions
In order to achieve the best possible result, we ask you to ensure the following framework conditions:
- A technician hired by the event will be on hand to assist the speaker in conducting the technical tests.
- A standard projector with at least 2000 ANSI lumens is required for the presentation. The presentation may include video and/or audio recordings. Therefore, the appropriate sound technology must be available on site.
- The screen has to be of a certain size, depending on the dimensions of the room and the number of participants.
- A lapel microphone or headset is required (no permanently installed microphone, no handheld microphone).
- As soon as more than 50 participants are expected and the room is of sufficient size, a stage is required.
06. Confidentiality agreement
The contractor undertakes to treat all information and documents obtained as part of the cooperation with the client with absolute confidentiality, even after the end of the order, and not to pass them on to any unauthorized third party.
The customer and their employees, listeners, and guests are not permitted to reproduce the working documents in whole or in part, to duplicate them, to record them in data-processing media and/or to make them accessible to third parties without the prior written consent of forwardservice GmbH.
08. Use of image and film material
An audio or video recording of the event is not permitted without the prior written consent of the contractor. After consultation and approval, image and film material can be used for internal purposes and press releases in connection with the relevant event (see order confirmation).
09. Written form
Any change or addition to the contract must be in writing. The waiver of the written form also requires confirmation in writing.
10. Withdrawal from the order
Events: In the event of withdrawal by the client, a flat fee of 50% of the agreed fee is due up to 12 weeks before the start of the event. After this period has expired, the agreed fee must be paid in full.
Consulting concepts: If the client terminates the cooperation during the agreed term of the concept or its implementation, he must provide payment for all services that have been provided up to that point. In addition, a compensation payment of 25% of the remaining amount of the consulting volume will be invoiced and due.
11. Unscheduled changes
Please understand that forwardservice reserves the right to make any unscheduled changes such as an absence due to illness. In such a case, forwardservice undertakes, in consultation with the client, to provide an equivalent replacement. You will be informed immediately of such changes. In the event of an unscheduled cancellation or postponement, fees already paid will be refunded.
The contractor assumes no liability for any intended results with consulting concepts or events. The client declares himself ready to provide forwardservice with all the information and documents needed for the development and implementation of consulting concepts or events. The client is responsible for compliance with the safety regulations and accident prevention regulations. The contractor accepts no liability for intentional or negligent damage to third-party property caused by participants in the event. Likewise, liability for personal injury is excluded. Excluded from the exclusion of liability are intentional or grossly negligent breaches of duty by the contractor and his legal representatives and vicarious agents.
13. Jurisdiction and applicable Law
The exclusive place of jurisdiction for all claims arising from the contract between the client and forwardservice GmbH – or disputes arising from these terms and conditions – is – as far as legally permissible – the registered office of forwardservice GmbH. This also applies if the customer does not have a general place of jurisdiction in Germany or if the customer moves his registered office or usual place of residence outside the scope of civil procedure after the conclusion of the contract or his registered office or usual place of residence is not known at the time the action is filed.
14. Partial nullity/severability clause
Should individual provisions of the contract, including these General Terms and Conditions, be or become legally ineffective, this shall not affect the validity of the remaining provisions. The same applies to gaps in the contract. In place of the ineffective or missing provisions, a provision that best corresponds to the will of the parties in economic terms shall apply.
(as of October 2022)
General terms and conditions welearning
01. Scope of application
- The following General Terms and Conditions apply between forwardservice GmbH – the consulting agency for Customer WOW! Experience (hereinafter referred to as “forwardservice”) and the contract customer (hereinafter referred to as “customer”) for the fee-based content that is available via a domain, currently “https ://zugang-welearning.com”.
- The provisions valid at the time the contract was concluded between the customer and forwardservice apply. Deviating provisions of the customer require a written agreement and the consent of forwardservice.
02. Subject of the contract
- forwardservice makes welearning content and other services that serve to implement welearning available to the customer via the online platform for a fee in the form of time-limited licenses.
- The content serves the customer for internal company training purposes.
- All content is copyrighted and no ownership is transferred to the customer. The customer receives a right of use, which is limited to internal purposes and a fixed period of time. Any further use requires the consent of forwardservice.
- forwardservice reserves the right to change the online content at any time if this is necessary. This is the case, for example, when content is no longer up-to-date or is replaced by more up-to-date content.
- After the license expires, access to the online platform expires.
03. Prices and terms of payment
- The prices stated in the offer at the time the order is placed apply to the license. The indicated prices are net prices. This means that the statutory value-added tax is added.
- Unless otherwise agreed with forwardservice in written form, licenses are paid for, for the contract period before access to the online platform is established. Each time a license is renewed, the price must again be paid before the access is renewed.
- Unless otherwise agreed, the license is paid for in advance for the contract period booked.
- The customer has a special trial period for a default theme path from forwardservice in the first month of use, in which he can cancel. During this period, only the content of the first month of use is available to him. If the contract is not terminated, the contents of the first six months of the training program will be activated. If the customer cancels after the first month of use, the services incurred, for example, for the briefing, for the platform, the provision of the platform, and the license fee for the month incurred, will be invoiced. The possibility of a special trial period is not valid for your own customer platform or for individualizations. Here the contract must be fulfilled as agreed.
- The customer can terminate the license in writing with a 3-month notice period at the end of the respective contract year. forwardservice also reserves this right.
- In the case of advance payment, the total amount must be received 14 days before the content of the first month of use is activated. Access will only be activated after receipt of payment or on the agreed start date of the license.
- On the forwardservice standard platform, the customer is granted online retrieval of the respective training content in stages of 6 months each.
- Unless otherwise agreed, an annual transaction takes place in the case of a separate customer platform. Compared to the standard model, there are additional costs for processing and adapting the platform. The customer pays the annual amount for the entire platform and the content for the agreed term once. forwardservice makes the content available for online retrieval.
- The contract duration is set individually for either 12 or 24 months and can be found in the contract. If the contract is extended from 12 to 24 months, the invoice for the second year will be issued after the 11th month. Payment must be received within 14 days. After receipt of payment, forwardservice provides the new content from the 11th month.
04. Usage requirements
Certain technical requirements must be met in order for the customer to use the online content. The basic requirements are:
- a continuously functioning Internet connection with at least DSL from 3 Mbit/s or a 3G mobile phone connection
- an up-to-date web browser, such as Google Chrome, version 40 or higher, Firefox, version 39 or higher, Apple Safari, version 8 or higher, Opera, version 27 or higher, or Internet Explorer, version 10 or higher
- audio speakers or headphones, mouse or touch input devices, and a keyboard
- a PC, Mac, or Linux
- for mobile use, use is made via the Apple iPhone from version 5 or the Apple iPad from version 2
These technical means are not part of the contract. All costs arising from the use of the Internet are borne by the customer. The customer receives user access from forwardservice for using the online platform.
05. Obligations of the operator
- forwardservice is obliged to make all content available to the customer via the online platform via the customer’s user account.
- forwardservice cannot guarantee that the internet portal can be reached at all times. In particular, forwardservice is not responsible for technical failures (server, power failure…).
06. Customer obligations
- The customer is obliged to provide first and last names as well as the e-mail addresses for all users of the platform, which must be true and complete. If this data changes, forwardservice must be informed immediately.
- The access data is not to be made accessible to third parties. In the event of a violation, forwardservice reserves the right to block access, to revoke the contract, and, if necessary, to take legal action.
- At the time of the direct debit, the customer must ensure that there are sufficient funds in the account.
- Accompanying materials that are made available to the customer as a ready-to-print file serve the purpose of the training and are only to be passed on to the specified group of training participants.
- The duplication, publication, and distribution of the content provided by forwardservice is generally not permitted and may only take place with express written consent. Applicable laws and legal regulations must be observed.
- Misuse of the content is not permitted.
- The customer is obliged to pass on the information and obligations regarding the scope of the license to all moderators and users of the platform. The moderators and users must observe this license scope and ensure that the copyrighted material remains among the selected recipients. forwardservice supports the customer with an overview of the platform with a confirmation function for acknowledgment. There is no entitlement to this platform function.
07. License scope
- The welearning system and the associated presentations and accompanying documents from welearning were produced with great effort and great precision. The services embodied in it and the scope of the rights granted below also result from decades of professional experience of those involved and thus represent considerable assets. Therefore, the welearning platform and all materials that are shown or handed out by forwardservice GmbH are subject to competition and copyright protection. Compliance with the rights granted under this license is therefore of essential importance. The purchaser is granted the following rights with the purchase of this license:
- The purchaser may present the file content as part of face-to-face or online events at which up to 12 people per license are personally present; i.e. to make them optically accessible, e.g. on monitors, beamers, or similar devices intended for display within the framework of the training modules. The presentation of the materials in larger forums is expressly prohibited. The transmission of content to a place other than the live location, e.g. in virtual forums, on virtual electronic platforms or the transmission via streaming, cable or television channels, and similar media suitable for the distribution, must be agreed in writing with the contractual partner in advance.
- The platform and the materials may not be recorded, reproduced or processed, duplicated, used, or distributed using electronic systems (including but not limited to photography, screenshots, audio and video recordings) without the written permission of forwardservice.
- The purchaser may print out individual slides or passages that are contained in welearning and are expressly approved for this purpose and may only make them available to the event participants as training materials. The purchaser must ensure that third parties do not have access to such printed matter.
- All other copyrights, rights of use, processing, and utilisation rights remain with forwardservice. The extension of the license granted to other areas requires the prior express written consent of forwardservice and the clear definition of the right granted to the work. Insofar as an acquirer of a right granted to him is known that has not been expressly regulated in the framework defined above, he is obliged to prove the reason, scope and content of the asserted right.
For each individual case of an infringement and excluding the objection of the continuation of the connection and regardless of further claims by the rights holder, the purchaser is obliged to pay forwardservice a contractual penalty of EUR 2,500.00 to be offset against further claims. Any case of copyright infringement will be prosecuted under civil and criminal law.
In order to ensure that welearning is carried out properly, we collect usage data. These will be made available to the contractual partner upon request. This data will not be disclosed to third parties. If the contractual partner wishes to be exempted from the collection of usage data, forwardservice must be informed of this in writing.
08. Right of withdrawal
The customer has the right to revoke this contract within two weeks without giving reasons. The cancellation period is fourteen days from the day the contract was concluded. In order to exercise the right of withdrawal, the customer must send by means of a clear statement (e.g. a letter sent by post, fax or e-mail) notice of the decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for the customer to send notice regarding the exercise of the right of cancellation before the cancellation period has expired.
If the customer revokes this contract, both contracting parties are obliged to return the services received. If the customer cannot return the service received or can only return it in a deteriorated condition, compensation for the value must be paid. Payment obligations that have arisen up to the time of revocation can therefore continue to exist. forwardservice transfers the payments to the customer immediately, and at the latest, within fourteen days from the day on which the company received the notification of the cancellation of this contract. The repayment will be made to the account specified by the customer for collection.
09. Final provisions
- These conditions are according to the law of the Federal Republic of Germany.
- The place of jurisdiction is the headquarters of forwardservice, currently Düsseldorf.
- If one or more provisions of this contract are legally ineffective or there are loopholes, the remaining parts of the contract remain valid. Instead of the ineffective/missing provision, the relevant statutory provisions apply.
- Unless otherwise indicated, all texts, images, and other published information are subject to the copyright of forwardservice or are published with the permission of the copyright holder.
- Any linking, duplication, distribution, transmission and reproduction or forwarding of the content is expressly prohibited without the written consent of forwardservice.