1) If you (hereinafter: “customer”) from us, Mastering Consulting GmbH, Theatinerstraße 32, 80333 Munich, Germany

- receive newsletters / mailings

- and/or make use of services

- and/or enter into consulting/coaching contracts

- and/or book seminars/events with us

the exclusive validity of these General Terms and Conditions (GTC) is agreed by us. We do not permit the use of our offers without prior acceptance of our GTC.

(2) All agreements made between you and us in connection with the respective contract result from these terms and conditions and from individual agreements with you.

(3) The version of our GTC valid prior to the use of our services shall apply.

(4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

(1) We offer our customers in particular the participation, provision and implementation of coaching, seminars and consulting services - multimedia, video-based, by telephone and also stationary. The coaching and consulting services are standardized or individualized, depending on your booking. The respective service description results directly from our offers.

(2) We provide the customer with services in the field of career advice and training in the areas of consulting, finance and management. Unless expressly agreed otherwise in writing, we do not owe the provision of work in this respect either. In particular, we can only predict the success of certain measures on the basis of empirical values. The customer is aware that we do not owe any success in this respect. If a separate remuneration has been agreed for the achievement of a specific success of a measure, this will be paid as a performance-related bonus. However, in principle, there is no entitlement to the achievement of a specific success.

(3) With regard to the contents of a coaching, service and/or consulting contract entered into with us, we have a right to determine performance in accordance with § 315 BGB.

(4) The customer is obliged to cooperate within the framework of the contractual relationship. He shall provide the necessary cooperation immediately upon our first request.

(1) The presentation and advertising of our services on our websites, brochures or within advertisements (e.g. on Facebook) does not constitute a binding offer to conclude a contract with us.

(2) The contract between us and the customer may be concluded by telephone (video chat, telephone, etc.) or in writing. If the contract is concluded by telephone, the customer shall not be entitled to receive the contents of the contract from us again in writing, unless otherwise agreed.

(3) Contracts between us and the customer are concluded by telephone by means of concurring declarations of intent. The customer agrees that we may record the telephone call with him and/or the respective video chat for evidence and documentation purposes.

(4) We will immediately confirm receipt of your orders and commissions placed via our websites / video chat by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared. This is particularly the case if you are granted direct access to your order (e.g. by accessing the password-protected participant platform).

(5) If it is not possible to provide the services you have ordered, for example for technical reasons, we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you of this immediately and, if applicable, refund any consideration already received without delay.

(1) All prices quoted by us are always net prices and do not include statutory VAT.

(2) Our services shall be provided at the times specified in the main contract with the customer.

(3) Unless otherwise agreed with us, the customer shall be obliged to perform in advance. The agreed remuneration is due immediately upon conclusion of the contract.

(1) The contract is concluded for the term agreed in the respective main contract.

(2) Premature / free termination rights of the customer within the contract term are excluded.

(3) The right to terminate without notice for good cause remains unaffected.

(4) In the event of premature termination by the customer for good cause, our claim to remuneration shall remain unaffected. The customer reserves the right to prove that we have incurred no or significantly less damage.

(1) Deadlines for the provision of services by us shall not commence until the invoice amount has been received by us in full and the data required for the services has been received by us in full in accordance with the agreement or the necessary cooperation has been provided in full.

(2) If the customer is in arrears with payments due, we reserve the right not to perform further services until the outstanding amount has been settled.

(3) If the customer is in arrears with a payment due to us in the case of payment by installments, we shall be entitled to terminate the contract extraordinarily and discontinue the services. We shall claim the entire remuneration due by the next ordinary termination date as compensation. Any expenses saved shall be deducted.

(1) We shall perform the agreed services in accordance with the offer with the necessary care. We are entitled to use the assistance of third parties / service providers for this purpose.

(2) It is agreed that, unless otherwise explicitly agreed in writing, we owe the provision of services and not the production of a work.

(3) If we are prevented from providing the agreed services and the reasons for the hindrance originate from the customer's sphere, our claim to remuneration shall remain unaffected.

(1) We have exclusive copyright exploitation rights to all images, videos, texts, webinars, databases, etc. published by us (e.g. on Facebook or on password-protected platforms). Any use of this content is not permitted without our consent.

(2) The customer shall receive a simple right of use in relation to the content stored by us in the password-protected member area exclusively for the duration of the contract term. This right of use serves to implement the individual contract concluded with the customer.

(3) Access and logins to our programs, content and platforms are provided to the customer exclusively for the duration of the booked contract term and, as a rule, on a strictly personal basis. It is strictly forbidden to pass on the provided accesses, login data and the contents of our member platforms to third parties not authorized by us vis-à-vis the customer. In the event of violations of the aforementioned obligation, a reasonable contractual penalty, the amount of which is to be determined by us at our reasonable discretion depending on the program and which may amount to up to EUR 15,000.00 in individual cases, shall be deemed to have been forfeited to us. Access by members of the customer's company/employees is generally permitted, but must be expressly approved and confirmed by us to the customer.

(4) By using our member platforms, the customer agrees to the evaluation of individual user behavior and the collection of the associated data (including IP and MAC addresses), which may have a personal reference, on the respective platform by our company and the use of corresponding software for the duration of the contract term.

(5) The violation of our trade and business secrets as well as our copyrights will always be prosecuted under civil law and reported to the competent investigating authority under criminal law.

(6) The customer shall not receive any right of use with regard to advertising texts / advertisements published by us on our websites or within forums / groups.

(1) Payment for our services is generally due in full upon conclusion of the contract, unless otherwise agreed with the customer in the individual contract.

(2) You may choose to transfer the price owed to one of our specified accounts, issue us with a (SEPA) direct debit authorization or pay by credit card. In the case of a (SEPA) direct debit authorization or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the time specified in paragraph 1. A (SEPA) direct debit authorization granted to us shall also apply to further orders until revoked.

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable - unless otherwise stipulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely, limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

(4) As part of its duty to cooperate, the customer is obliged to provide us only with image/video/sound material that is free from third-party rights. In this respect, the customer shall fully indemnify us against any third-party claims due to the infringement of intellectual property rights.

(1) The protection of personal data is our top priority. We therefore provide separate information in our privacy policy about the collection, storage and processing of personal data and the rights of data subjects in this regard. You confirm that you have read our privacy policy before using our services and that you agree to it.

(2) You revocably consent to being contacted by our company by means of remote communication (e.g. email, SMS, telephone, messenger services). If you object to being contacted by us, you must send us an email to: johannes@mastering-consulting.com. In your objection e-mail, you must specify all contact options via which we may no longer contact you. Any incompleteness in this regard will not be at our expense. The actual receipt of your e-mail by us is decisive.

(3) You revocably consent to the storage and processing of all personal data you leave with us (e.g. application form: Name, address, telephone number, e-mail address, personal interests, financial circumstances, hobbies, character issues). You revocably consent to the use of cookies within our services, to the evaluation, storage and consolidation of your user behavior and to the processing and transmission of your personal data and user profiles left with us for marketing and advertising purposes to third parties from non-EU/EEA countries. With regard to a revocation, paragraph 2 and § 5 of our

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The courts in Munich shall have exclusive jurisdiction for all disputes arising from the contractual relationship between us and the customer. However, we are also entitled to assert our claims against the customer at the customer's general place of jurisdiction.

(3) The contractual language is German.

(1) Within the scope of the contractual relationship with our company, the customer must always treat other participants/customers and our employees with respect.

(2) In the event of culpable violations, we are entitled, after a one-time warning, to temporarily or permanently block the customer's access to our program and training content at our reasonable discretion or to exclude the customer from participating in our seminars. In this case, the customer's contractual obligations towards us remain unaffected.

(1) The customer is not entitled to pass on the account received from us or the login data to our platforms / program and training content to third parties, unless we have expressly agreed to such a transfer (for example, with regard to permanent employees of the customer).

(2) We are entitled to permanently monitor access to our IT systems via IP matching. The use of technologies that disguise, otherwise falsify or anonymize the IP address of the user when accessing our IT systems and program and training content (e.g. Tor browser) is prohibited.

(3) In the event of culpable infringement of the obligations under paragraphs 1 and 2, we are entitled to block the customer's account to our systems temporarily or permanently at our reasonable discretion. The customer's contractual obligations towards us shall remain unaffected in this case.

(4) Unauthorized account sharing is a criminal offence which we will prosecute under civil and criminal law.

(1) During our training sessions and live calls, other coaching participants may disclose internal company information and business details. In this respect, complete confidentiality must always be maintained towards external parties and third parties. Dissemination of this information is prohibited.

(2) We are entitled to temporarily or permanently block the customer's access and logins to our programs, content and training courses at our reasonable discretion in the event of repeated culpable infringement by the customer. The customer's contractual obligations towards us remain unaffected in this case.

(1) The customer is prohibited from taking any action that disrupts or impairs our training and program processes and/or the customer experience of other participants. This applies both inside and outside the training structures provided by us.

(2) We are entitled to temporarily or permanently block the customer's access and logins to our programs, content and training courses at our reasonable discretion in the event of repeated culpable infringement by the customer. In this case, the customer's contractual obligations towards us remain unaffected.

GTC - Status: 01.01.2024