These general terms and conditions apply to all consulting and services which are provided to a customer on the basis of a booking by bad project e.K. in Mannheim ("bad project"). The booking is referred to collectively as the "contract" within these provisions.
1. TYPE AND SCOPE OF CONSULTING AND SERVICES
bad project provides consulting and services to support customers in particular, authors and publishers to the German-language book trade industry. The type, location, time, costs and scope of the consulting and services are determined in the respective descriptions of the sessions.
bad project does not provide legal and/or tax advice. If necessary, customers are instructed to consult a lawyer and/or tax advisor.
bad project provides the consulting and services in accordance with this contract according to the current state of knowledge at the time of the conclusion of the contract.
The services by bad project are provided as online sessions, in particular via Zoom. There is no entitlement to personal consulting on site.
Services under a contract for work and services are not owed by bad project unless the contracting parties have expressly agreed otherwise.
2. CUSTOMER'S DUTY TO COOPERATE
The customer shall read through the subject matter of the contract in detail (including the type and scope of the service owed as well as the duration of the service provision and deadlines) and support bad project in the provision of the consulting and services to an appropriate extent. In particular, it shall provide it with the necessary information and documents, e.g. intended titles or publishing programs, in full and in good time.
The customer shall be responsible for ensuring a stable internet connection as well as for organizing the necessary and functioning hardware for the webinar.
In the event of violations by the customer of his obligations to cooperate, any performance deadlines to be met by bad project shall be extended by the delay caused by the violation. In addition, bad project shall be released from its obligation to perform insofar as it no longer has originally planned resources (funds, personnel) available as a result of the violation of the obligation to cooperate and/or delays caused thereby.
3. PROVISION OF CONSULTING DOCUMENTS
bad project provides the customer with the fact sheets associated with the booked sessions. The fact sheets are usually delivered after the service has been performed. On request, the leaflets can be sent before the service.
The consulting and services provided by bad project are remunerated according to the current price list.
In order to receive the package price, it must be stated when booking the first session that the intention is to book all four sessions. The individual sessions of the package must be booked within 12 months. After 12 months, the claim to the implementation of outstanding sessions is no longer valid.
The services provided or to be provided by bad project will be invoiced to the customer at the earliest upon receipt of the booking, but at the latest upon completion of the services. When booking the package price, the total price will be invoiced.
The prices are net plus the respective valid legal value added tax.
5. CANCELLATION CONDITIONS
In case of cancellation up to 1 day before the booked date (or before the first date in case of the package price) no cancellation fees will be charged. In case of later cancellation, 50% of the invoice amount will be charged as cancellation fee.
Special features of the package price: Paid invoices will not be refunded in case of cancellation or non-booking of outstanding sessions.
Cancellation fees will be waived completely if the customer can provide a substitute participant through whom proper attendance can be made.
If leaflets are delivered after explicit request by the customer before the service, the cost of the leaflets will be charged in case of cancellation.
6. PAYMENT DEADLINES
Invoices are due for immediate payment without deduction within 30 days of receipt by the customer.
Special features of the package price: If the customer is in default of payment, the right to carry out further sessions is cancelled until the invoice has been paid in full. This has no suspensive effect on the 12-month period for claiming the sessions.
bad project is authorized, if the payment claims have not been settled despite previous reminders, to pass them on to a collection service provider.
7. DEFECTIVE CONSULTING SERVICES
If the consulting services are not provided in accordance with the contract or are provided incorrectly and bad project is responsible for this, bad project is obligated to provide the service in accordance with the contract within a reasonable period of time without additional costs for the customer. The prerequisite for this is a prior complaint by the customer, which must be made in text form to bad project without delay, but at the latest within 2 weeks of becoming aware of it, and which must describe the breach of duty in as much detail as possible.
If a written complaint has not been received within two weeks after the service has been rendered, the service shall be deemed to have been properly rendered.
A liability of bad project for slightly negligent breaches of duty is excluded, provided that these do not concern damages from injury to life, body or health or claims according to the product liability law are affected. Furthermore, the liability for the violation of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely ("essential contractual obligations") remains unaffected. In the event of a breach of essential contractual obligations, however, claims for damages by the customer shall be limited to compensation for foreseeable damage typical of the contract. The same liability limitations apply to breaches of duty by the legal representatives and vicarious agents of bad project.
Claims for damages against the respective other contractual partner become statute-barred according to the legal regulations, but no later than three years after the breach of duty or the unlawful act. This does not apply to cases in which liability is due to intent.
In the event of loss of data, bad project shall only be liable for the effort that would have been necessary to restore the data if the customer had properly backed up the data.
9. DATA PROTECTION
bad project collects, processes and uses personal data only insofar as this is necessary for the justification, content design, processing, fulfillment and change of the contractual relationship established with the customer and/or insofar as the customer has consented to the data collection, processing and use.
The customer consents that bad project uses cloud services (e.g. You can book me) for the provision of the respective services owed and for this purpose personal data of the customer may also be transferred to servers that are operated in countries such as the USA, which do not offer the same level of data protection as member states of the European Union.
Insofar as the customer has given consent to the collection, processing and/or use of his/her data, the customer may revoke his/her consent at any time with effect for the future.
bad project is obligated to maintain secrecy about all business and trade secrets of the customer that become known in the course of its contractual activity; such secrets are all information that is not generally available.
The customer undertakes to treat documents received from bad project (e.g. leaflets or presentations) confidentially, not to publish them and not to pass them on to third parties.
Any form of unauthorized recording (sound and image recordings) is expressly prohibited. This also applies to chat protocols.
11. FINAL PROVISIONS
The customer's general terms and conditions of business or delivery shall not apply in addition to these General Terms and Conditions.
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part or require supplementation, the validity of the remaining provisions shall remain unaffected. In place of the invalid or supplementary provisions, the contracting parties shall agree on a new provision that comes as close as possible to the intended economic purpose.
The General Terms and Conditions shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of bad project, currently Mannheim. bad project remains entitled, however, to sue the customer at the place of jurisdiction generally applicable to the customer.
Responsible for data processing is:
Leif Rogell (owner of bad project e.K.)
Thank you for your interest in our online store or our consulting services. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data.
1. ACCESS DATA AND HOSTING
You can visit our websites without providing any personal information. Each time you access a website, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of the access, the amount of data transferred and the requesting provider (access data) and documents the access. This access data is evaluated solely for the purpose of ensuring trouble-free operation of the site and improving our services. This serves to protect our legitimate interests in the correct presentation of our offer, which outweigh our interests in the context of a balancing of interests in accordance with Art. 6 para. 1 p. 1 lit. f DSGVO. All access data is deleted no later than seven days after the end of your visit to the site.
Our service providers are located and/or use servers in these countries: Germany, USA & UK.
There is no adequacy decision from the European Commission for these countries. Our cooperation with you is based on these guarantees: standard data protection clauses of the European Commission.
2. DATA PROCESSING FOR CONTRACT PROCESSING AND FOR CONTACTING YOU
2.1 DATA PROCESSING FOR THE EXECUTION OF CONTRACTS
We collect personal data if you voluntarily provide it to us as part of your order or when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, because in these cases we need the data to process the contract, or to process your contact and you can not complete the order or send the contact without their information. Which data is collected can be seen from the respective input forms.
2.2 CONTACTING US
In the context of customer communication, we collect personal data to process your inquiries in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO if you voluntarily provide us with this data when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, since in these cases we absolutely need the data to process your contact. Which data is collected can be seen from the respective input forms. After complete processing of your request, your data will be deleted, unless you have expressly consented to further use of your data pursuant to Art. 6 (1) p. 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.
3. DATA PROCESSING FOR THE PURPOSE OF SHIPMENT PROCESSING
For the purpose of fulfilling the contract in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO, we pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods.
TRANSFER OF DATA TO SHIPPING SERVICE PROVIDERS FOR THE PURPOSE OF SHIPPING NOTIFICATION
If you have given us your express consent to do so during or after your order, we will pass on your e-mail address and telephone number to the selected shipping service provider on the basis of this consent in accordance with Art. 6 (1) p. 1 lit. a DSGVO, so that the shipping service provider can contact you before delivery for the purpose of delivery notification or coordination.
German Post AG
DHL Parcel GmbH
United Parcel Service Germany S.à r.l. & Co. OHG
Görlitzer street 1
Aha Book GmbH
CargoLine GmbH & Co. KG
Lyoner Str. 15
60528 Frankfurt am Main
CargoBoard GmbH & Co. KG
4. DATA PROCESSING FOR PAYMENT PROCESSING & BOOKINGS
When processing payments in our online store, or bookings via the booking tool, we work with these partners: technical service providers, credit institutions, payment service providers.
4.1 DATA PROCESSING FOR TRANSACTION HANDLING
4.2 DATA PROCESSING FOR THE PURPOSE OF FRAUD PREVENTION AND OPTIMIZATION OF OUR PAYMENT PROCESSES.
Where applicable, we provide our service providers with additional data, which they use together with the data necessary for the processing of the payment as our processors for the purpose of fraud prevention and optimization of our payment processes (e.g. invoicing, processing of contested payments, accounting support). Pursuant to Art. 6 (1) p. 1 lit. f DSGVO, this serves to protect our legitimate interests in our protection against fraud or in efficient payment management, which outweigh our interests in the context of a balancing of interests.
4.3 INVOLVEMENT OF COLLECTION SERVICE PROVIDERS
We pass on your data to a commissioned debt collection service provider (IDG Inkasso Direkt GmbH, Wiener Straße 131, 4020 Linz, Austria) if our payment claim has not been settled despite a previous reminder. In this case, the debt will be collected directly by the collection service provider. This serves the fulfillment of the contract according to Art. 6 para. 1 p. 1 lit. b DSGVO as well as the protection of our legitimate interests in an effective assertion or enforcement of our payment claim according to Art. 6 para. 1 p. 1 lit. f DSGVO, which prevail in the context of a balancing of interests.
5. COOKIES AND OTHER TECHNOLOGIES
In order to make visiting our website attractive and to enable the use of certain functions, we use technologies including so-called cookies on various pages. Cookies are small text files that are automatically stored on your terminal device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and allow us to recognize your browser the next time you visit (persistent cookies).
We use such technologies that are absolutely necessary for the use of certain functions of our website (e.g. shopping cart function). Through these technologies, IP address, time of visit, device and browser information as well as information about your use of our website (e.g. information about the contents of the shopping cart) are collected and processed. In the context of a balancing of interests, this serves overriding legitimate interests in an optimized presentation of our offer in accordance with Art. 6 para. 1 p. 1 lit. f DSGVO.
You can find the cookie settings for your browser under the following links: Microsoft Edge™ [https://support.microsoft.com/de-de/help/4027947/microsoft-edge-delete-cookies] / Safari™ [https://support.apple.com/de-de/guide/safari/sfri11471/12.0/mac/10.14] / Chrome™ [https://support.google.com/chrome/answer/95647?hl=de&hlrm=en] / Firefox™ [https://support.mozilla.org/de/products/firefox/protect-your-privacy/cookies] / Opera™ [https://help.opera.com/de/latest/web-preferences/#cookies].
6. SOCIAL MEDIA
OUR ONLINE PRESENCE ON LINKEDIN
Insofar as you have given your consent to the respective social media operator in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, your data will be automatically collected and stored for market research and advertising purposes when you visit our online presences on the social media mentioned above, from which usage profiles are created using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are generally used for this purpose. For detailed information on the processing and use of data by the respective social media operator, as well as a contact option and your rights and setting options in this regard to protect your privacy, please refer to the privacy notices of the providers linked below. If you still require assistance in this regard, you can contact us.
LinkedIn [https://www.linkedin.com/legal/privacy-policy]is a service of LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland ("LinkedIn"). The information automatically collected by LinkedIn about your use of our online presence on LinkedIn is usually sent to a server of LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA and stored there. For the USA, there is no adequacy decision of the European Commission. Our cooperation with them is based on standard data protection clauses of the European Commission.
7. CONTACT OPTIONS AND YOUR RIGHTS
7.1 YOUR RIGHTS
As a data subject, you have the following rights:
* pursuant to Art. 15 DSGVO, the right to request information about your personal data processed by us to the extent specified therein;
* pursuant to Art. 16 DSGVO, the right to request without undue delay the correction of inaccurate or completion of your personal data stored by us;
* pursuant to Art. 17 DSGVO, the right to request the erasure of your personal data stored by us, unless the further processing is
* to exercise the right to freedom of expression and information;
* for compliance with a legal obligation;
* for reasons of public interest; or
* necessary for the assertion, exercise or defense of legal claims;
* in accordance with Art. 18 DSGVO, the right to request the restriction of the processing of your personal data, insofar as.
* the accuracy of the data is disputed by you;
* the processing is unlawful, but you object to its erasure;
* we no longer require the data, but you need it to assert, exercise or defend legal claims; or
* you have objected to the processing in accordance with Art. 21 DSGVO;
* pursuant to Art. 20 DSGVO, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller;
* pursuant to Art. 77 DSGVO, the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.
Right of objection
Insofar as we process personal data as explained above in order to protect our legitimate interests, which prevail in the context of a balancing of interests, you may object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you will only have the right to object if there are grounds arising from your particular situation.
After exercising your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
This does not apply if the processing is for direct marketing purposes. Then we will not further process your personal data for this purpose.
7.2 CONTACT OPTIONS
If you have any questions regarding the collection, processing or use of your personal data, for information, correction, restriction or deletion of data, as well as revocation of consent given or objection to a particular use of data, please contact us directly using the contact details in our imprint.