General Terms and Conditions

 

1. General

a) The services of Prof. Meynhardt are carried out on the basis of the following general terms and conditions. The general terms and conditions (GTC) displayed at the time of the conclusion of the contract apply in each case. We do not accept any provisions that differ from these conditions. Any purchasing specifications of the client are hereby superseded. They are also not accepted even if we do not expressly refuse them again when we receive them.

b) All changes and amendments to the contract plus any additional and special agreements require written confirmation by Prof. Meynhardt to become effective. This also applies to any invalidation of this clause. 

2. Service offer

Via his online service “My Competency Profile”, Prof. Meynhardt offers his customers services in personnel management and access to the information shown at www.meinkompetenzprofil.de , and telephone consultancy. A precise description of the content and the services can be found in the individual descriptions of the products. The data and information from these products is prepared on account and at the recipient’s risk.

3. Payment conditions

Payment for use of the services of Prof. Meynhardt is made via PayPal online-payment. Offers are subject to change without notice and are non-binding.

4. Period of validity

The period of use for an access code is eight weeks after Prof. Meynhardt has activated the access data.

5. Warranty

a) Prof. Meynhardt accepts no responsibility that the data provided meets customer expectations or that a specific customer goal can be achieved by using it.

b) If possible, inaccurate data is to be corrected by the provider in accordance with a comprehensible error description given in writing by the customer. No guarantee of correctness and completeness of the data can be given, nor can there be any guarantee that the application or the data included in it will meet the requirements or the expectations of the user. If it is not possible to amend the data or supply it later within a reasonable time, the customer can demand a pro-rata reduction. Prof. Meynhardt is only bound by contract to make a maximum of two attempts at amendment. The right to withdraw from the contract is restricted to the presence of intrinsic shortcomings. 

c) Insofar as they refer to the use of the online product with regard to access, complaints are to be made promptly in writing to Prof. Meynhardt. Other complaints concerning obvious shortcomings are to be made to Prof. Meynhardt within one week.

d) Claims for compensation by the purchaser due to late or no delivery are excluded. (Exceptions are the cases in Article 309 7/8 BGB (Civil Code).

6. Use

a) The customer is only permitted to print out information he has taken from the data or the use of the online material. The customer has no additional right of publication, nor the right to duplicate, alter, distribute, reprint, or permanently store information he has printed out, especially to use for building up a database or to pass on to third parties.

b) Prof. Meynhardt is entitled to check at any time apropos the agreed use or illegal utilization or forwarding of the data concerned, and if appropriate is entitled to withdraw access entitlement to its products from the customer concerned. Prof. Meynhardt reserves the right to take further legal steps.

7. Liability

a) Liability is excluded in particular for inaccurate data which stems from incorrect entries in the supplying sources or from inaccurate transfer from these sources. 

b) In general Prof. Meynhardt only accepts liability for deliberate or grossly negligent acts by its legal representatives and agents. This restriction of liability applies to all contractual and legal claims. 

c) Prof. Meynhardt is not liable for damage caused by Force Majeure. 

d) If Prof. Meynhardt is liable, it is only liable insofar as the damage is that which could be predicted in a typical contract. In these cases liability is limited to 2,500 euro per claim and to 25,000 euro overall.

e) Prof. Meynhardt is not liable for shortcomings or damage caused by third parties.

8. Data protection

a) Prof. Meynhardt points out that in accordance with Article 33 Section 1 of the Federal Data Protection Act the customer’s user data is stored in machine-readable form and processed as part of internal invoicing and evaluation procedures. All data protection provisions are strictly complied with. Personal data is not passed on to third parties.

b) When using the data the customer is bound by contract to comply with the provisions in the data protection laws effective in the Federal Republic of Germany. 

9. Miscellaneous

If not already referred to, provisions from data protection law, copyright law and other statutory provisions applicable in the Federal Republic of Germany are applicable in the provider-customer relationship. 

10. Severability clause / GTC

The general terms and conditions of Prof. Meynhardt apply exclusively. The incorporation of other general terms and conditions is expressly vetoed. All provisions contained in these general terms and conditions are separable and are to be assessed separately from the remaining provisions if one or more provisions is invalid. If one or more provisions in these general terms and conditions is or becomes invalid, this does not affect the effectiveness of the remaining provisions of the general terms and conditions. Instead a replacement provision corresponding to, or at least approximating, the intent of the conditions, to which the contracting parties would have agreed if they knew of the invalidity, shall apply in place of the invalid provisions.

11. Additional agreements

There are no other additional agreements outside of the contract and these general terms and conditions. Additional agreements and changes to the contract must be made in writing. This formal requirement must be complied with by all parties concluding the contract.

12. Place of fulfilment / place of jurisdiction

Place of fulfilment is the domicile of Prof. Meynhardt. The exclusive place of jurisdiction is the domicile of Prof. Meynhardt, provided it is a matter concerning registered traders. The same applies to legal entities under public law or special assets under public law. The entire contractual relationship is subject to German law, irrespective of whether the client is subject to a different law.