Terms of Service

The following General Terms and Conditions shall apply to all legal transactions between Workshop-Wise - hereinafter referred to as the service provider - and its contractual partner - hereinafter referred to as the client.

Insofar as individual contractual provisions exist which deviate from or contradict the provisions of these General Terms of Service, the individual contractual provisions shall take precedence.

2. Subject matter

2.1  The contracting parties agree to cooperate within the framework of joint physical or virtual workshops, as well as any additional services. The specific contractual objects to be provided shall be determined in accordance with the specific individual contractual agreement. An employment contract is not intended by the parties and is not established.

2.2  The service provider is free to work for other clients as well.

2.3  The client and the service provider undertake to maintain confidentiality regarding all facts disclosed in connection with the business relationship. The duty of confidentiality shall also apply after termination of the contract. This applies to all information unless it has become public knowledge.

3. Conclusion of contract

3.1  The contractual relationship for the services shall come into existence when the client places an order based on an offer from the service provider.

3.2  The subject matter of the contract or the exact task description is described in the written order or in the written offer of the service provider to which the order refers.

4. Contract duration and termination

4.1  The contract begins on the individually agreed first workshop day and ends at the end of the last individually agreed workshop day.

4.2  The contract may be terminated in writing or text form (e.g. by e-mail).

4.3 If the client withdraws from the contract, the service provider may demand reasonable compensation for withdrawal (cancellation fee). Depending on the time of withdrawal by the client (after conclusion of the contract / before the start of the workshop), this shall be a lump sum as a percentage of the total price of the booked workshop as follows:

       - if the client withdraws up to the 30th day before the start of the workshop:

        50% of the total price of the agreed services, and

       - in the event of withdrawal by the client between the 29th day before the start and the

        100 % of the total price of the agreed services.

Partial withdrawal from the agreed services by the client is excluded.

4.4 The service provider is entitled to withdraw from the contract up to 30 days before the start of the workshop. In this case, any advance payments already made by the client shall be refunded. The client shall have no other claims due to the cancellation.

4.5 Termination without notice for good cause is possible. Good cause shall be deemed to exist, for example, if the client is in arrears with two consecutive payments due and fails to pay after the expiry of a reasonable grace period, or if the client suffers financial collapse after the conclusion of the contract (insolvency, bankruptcy), unless an application for the opening of insolvency proceedings has already been filed.

5. Scope of services, obligations of the contractual partners

5.1 The services to be provided by the service provider shall generally comprise the tasks listed in detail in accordance with the order placed by the client or the underlying offer.

5.2  The service provider shall periodically inform the client of the results of its activities. The contracting parties may agree in the contract a schedule for the provision of services and a planned end date for the completion of services.

5.3  If the service provider is unable to perform an order as contractually agreed, it must inform the client immediately.

5.4  The service provider shall provide the equipment required for the provision of services if the client does not have the corresponding equipment or premises, unless otherwise agreed in the individual contract. If the service provider is unable to provide the agreed service on the agreed premises for reasons for which the service provider is not responsible, the service provider may use alternative premises of equivalent quality or virtual premises to hold the agreed workshop.

The parties shall endeavor to the best of their knowledge and belief to support the contractual partner in the performance of the respective obligation by providing all necessary information in order to ensure a smooth and efficient workflow for both parties.

5.5  Each of the contracting parties may request changes to the agreed scope of services from the other contracting party in writing. Upon receipt of a change request, the recipient shall check whether and under what conditions the change is feasible and inform the applicant immediately in text form of the approval or rejection and, if necessary, give reasons. If a change request from the client requires an extensive review, the review costs for this can be charged by the service provider with prior notice if the client nevertheless insists on the review of the change request.

If necessary, the contractual adjustments to the agreed conditions and services required for a review and/or amendment shall be set out in writing in an amendment agreement and shall be concluded in accordance with these Terms of Service.

6. Prices and terms of payment

6.1  Services shall be due and invoiced at the fixed price specified in the individual contract upon completion, unless a different invoicing method is agreed in the contract.

6.2  Estimated prices quoted for services on a time and material basis, in particular in request for quotes, are non-binding. The quantities on which an estimate is based are based on an assessment of the scope of services carried out to the best of our knowledge.

6.3  The prices invoiced in an order confirmation, in a contract agreement or in an offer shall be understood as net prices plus the statutory VAT rate applicable at the time of invoicing.

6.4  Upon receipt of the invoice, the total amount stated therein shall be due for payment within the payment period stated in the invoice, at the latest within 14 days of the invoice date. If the invoice amount due has not been received by the stated invoice date, the service provider shall be entitled to charge interest on arrears. The default interest shall amount to 5% p.a. above the base interest rate applicable at the time of calculation.

7. Liability

7.1  The service provider shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. The service provider shall be liable for slight negligence exclusively in accordance with the provisions of the Product Liability Act, for injury to life or health or for breach of material contractual obligations. However, the claim for damages for the slightly negligent breach of material contractual obligations shall be limited to the foreseeable damage typical of the contract, unless liability is based on injury to life or health. The service provider shall not be liable for mediated services provided by external and third-party providers that are clearly identified as such.

7.2 The provision of the above paragraph (7.1) extends to compensation for damages in addition to performance, compensation for damages instead of performance and claims for compensation for futile expenses, regardless of the legal grounds, including liability for defects, delay or impossibility.

8. Data protection, rights of objection of the client

8.1  The client receives information about the processing of personal data in the privacy policy on the website and in the data protection notices. The service provider complies with the provisions of the BDSG and the GDPR when processing personal data. Personal data is all data that relates to a person personally (e.g. name, address, email address). This data is processed insofar as it is necessary for the appropriate processing of your inquiry, booking request, for the implementation of pre-contractual measures or for the fulfillment of the contract from the brokerage contract, the brokered accommodation and service contract or brokered service contracts. Data processing is permitted in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR for the stated purposes. The data will not be passed on to unauthorized third parties without the express consent of the client. The client has the option at any time to retrieve their stored personal data, request information about it, have it amended, corrected or deleted, have its processing restricted, object to its processing, have it transferred or complain to a supervisory authority about the processing (all rights under Art. 15 to 20 GDPR). The data will be deleted if it is no longer required for the fulfillment of the contract or if its storage is not permitted by law. If personal data is processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, the client has the right to object to the processing of personal data in accordance with Art. 21 GDPR, provided that there are reasons for this arising from his/her particular situation. She/he can exercise her/his right to object by sending an email to the following email address: hello@workshop-wise.com

8.2  By sending a message to hallo@workshop-wise.de, the client can also object to the use or processing of the data for advertising, market or opinion research or marketing purposes at any time free of charge.

9. Final provisions

The business relationship between the parties shall be governed exclusively by German law.

If the client does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.

The ineffectiveness of individual provisions of these Terms of Service shall not result in the ineffectiveness of the entire contract. In the event of the invalidity of one or more provisions of this contract, the contracting parties shall agree on a replacement provision that comes as close as possible to the economic and analogous purpose of the invalid provision.

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