AGB

Status 01.09.2022

1 General principles / scope of application

1.1 These General Terms and Conditions shall apply exclusively to all legal transactions between the Client and Anca Weyer e.U.. The version valid at the time of the conclusion of the contract shall be decisive in each case.

1.2 These General Terms and Conditions shall also apply to all future contractual relationships, thus even if no express reference is made to them in the case of additional contracts.

1.3 Conflicting General Terms and Conditions of the Client shall be invalid unless expressly accepted by Anca Weyer e.U. in writing.

1.4 In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision which comes as close as possible to its meaning and economic purpose.

1.5 In particular, Anca Weyer e.U. does not owe a specific economic result. The opinions and recommendations made prepare the entrepreneurial and personal decision of the client. They can in no case replace them.

1.6 Anca Weyer e.U. is entitled to call in auxiliary staff, expert third parties and other vicarious agents for the performance of a consultancy contract.

1.7 Anca Weyer e.U. provides its consultancy services on the basis of the data and information provided by the client or his agents. These are checked for plausibility. The guarantee for their factual correctness and completeness lies with the client.

2 Secrecy / Data protection

2.1 Mag. Anca Weyer e.U. undertakes to maintain absolute secrecy about all business matters coming to its knowledge, in particular business and trade secrets as well as any information it receives about the type, scope of business and practical activities of the client.

2.2 Furthermore, Mag. Anca Weyer e.U. undertakes to maintain secrecy vis-à-vis third parties about the entire content of the work as well as all information and circumstances which it has received in connection with the creation of the work, in particular also about the data of clients of the Client.

2.3 Anca Weyer e.U. shall be released from the duty of confidentiality towards any assistants and substitutes she uses. However, she shall transfer the duty of confidentiality to them in full and shall be liable for their breach of the duty of confidentiality as for her own breach.

2.4 The duty of confidentiality shall extend indefinitely beyond the end of this contractual relationship.

2.5 Mag. Anca Weyer e.U. is entitled to process personal data entrusted to it within the scope of the purpose of the contractual relationship. The client shall guarantee Mag. Anca Weyer e.U. that all necessary measures have been taken for this purpose, in particular those within the meaning of the Data Protection Act, such as declarations of consent by the persons concerned.

3 Protection of intellectual property

3.1 The copyrights of the works created by Mag. Anca Weyer e.U. (in particular self-created audio files, video material and other teaching aids) shall remain with Mag. Anca Weyer e.U. . They may be used by the client during and after termination of the contractual relationship exclusively for private purposes. In this respect, the client is not entitled to reproduce and/or distribute the work(s) without the express consent of Mag. Anca Weyer e.U. . Under no circumstances shall an unauthorised reproduction/distribution of the work give rise to any liability on the part of Mag. Anca Weyer e.U. – in particular, for example, for the correctness of the work – vis-à-vis third parties.

3.2 The Client’s violation of these provisions entitles Mag. Anca Weyer e.U. to immediately terminate the contractual relationship prematurely and to assert other legal claims, in particular for injunctive relief and/or damages.

4 Offers & Fees

4.1 The offers are subject to change. Subject to change without notice. All fees are in euros, including VAT (unless otherwise stated). For consultancy services, the fees published on the website and/or specified in the consultancy agreement shall be charged. As a rule, counselling sessions take place via Zoom. If the face-to-face counselling takes place outside of Vienna, Austria, additional travel and accommodation costs will be charged within reasonable limits. As long as there is no confirmation of costs from another source, the client is deemed to be the debtor of the counselling fee.

4.2 Unless otherwise agreed, the fee is due immediately after invoicing (within 14 days) and without deduction before the first counselling session. Retention of our fee and offsetting are only permissible if the client’s claims are recognised or have been legally established.

4.3 When payments are due for online orders, you will be connected directly from our website to a payment website controlled and secured by Elopage.

4.4 Online programmes are delivered via video, zoom or live video. Access to these programmes is regulated individually in each case and is explicitly defined and announced in the ordering process.

5 Supplementary General Terms and Conditions for Genius Online Training

Genius Report training courses booked by e-mail are considered to be firmly reserved only after I have confirmed the booking by e-mail and payment has been made in advance by invoice.

5.1 Cancellation conditions

Please make sure that you can attend all 4 Genius Report training dates. If you are unable to attend one of the 4 sessions, you have no right to make up for it. As I will provide you with material after each session, you can also catch up on the content of the missed training by self-study. There is no entitlement to a full or partial refund of the training you have already paid for if you are unable to attend a session.

Should something come up, I will of course contact you and try to find an alternative date for the missed training.

5.2 Liability

You are responsible as an individual for any decisions or actions you take as a result of an analysis or training. I do not accept any liability for any damages you may suffer as a result.

5.3 Cancellation of a training, refund of fees

You have the option to cancel a GeniusReport Online Training at any time if you find that our conversation is not what you expected or we both find that the methods I offer are not right for you. There are no refunds for pre-paid trainings.

In the event that the services (GeniusReport Training) should begin during the 14-day cancellation period, you have the option to withdraw from your contract in writing. In this case, the service already consumed will be deducted from your account and the difference paid out.

The refund of fees after already completed trainings is not possible.

5.4 Consent to data collection and video recording of online meetings

When booking an appointment, you agree to your personal data being collected, stored and processed for the purpose of fulfilling the order in accordance with the applicable data protection regulations (in particular the EU General Data Protection Regulation).

If you book an online conference, you agree to the conversation being recorded as a video. This will be made available to you for download after the meeting.

You can object to this recording at any time.

The stored video files will be deleted regularly in accordance with the applicable data protection regulations. However, you can also request deletion earlier in writing, even directly after the video has been made available to you.

6. Fee

6.1 The services rendered shall be processed via Elopage or invoiced by fee note.

6.2 Invoices are due before the service is rendered (without deductions).

6.3 Mag. Anca Weyer e.U. shall in each case issue an invoice entitling to input tax deduction with all legally required features.

7. Electronic invoicing

7.1 Mag. Anca Weyer e.U. is entitled to send invoices to the Principal also in electronic form. The client expressly agrees to Mag. Anca Weyer e.U. sending invoices in electronic form.

8. Cancellations and postponements

A postponement free of charge is permitted up to 24 hours before the agreed appointment, from Monday to Friday 1 pm. After that the full fee is due.

9. Duration of the contract

9.1 This contract ends in principle with the completion of the project.

9.2 Notwithstanding this, the contract may be terminated at any time for good cause by either party without notice. Good cause shall be deemed to exist in particular

– if a contractual partner breaches essential contractual obligations or

– if insolvency proceedings are instituted against a contracting party or if the petition in bankruptcy is dismissed for lack of assets to cover costs.

10. final provisions

10.1 The contracting parties confirm that they have made all statements in the contract conscientiously and truthfully and undertake to notify each other immediately of any changes.

10.2 Amendments to the contract and these GTC must be made in writing, as must any waiver of this formal requirement. There shall be no verbal collateral agreements.

10.3 This contract shall be governed by Austrian substantive law, excluding the conflict of laws rules of private international law. The place of performance shall be the place of the professional branch office of Anca Weyer e.U.. The court at the place of business of Mag. Anca Weyer e.U. shall be responsible for disputes.