General Terms and Conditions
Our offers and services are provided exclusively on the basis of these general terms and conditions. Counter confirmation with reference to other terms and conditions is hereby expressly excluded.
2. Offers and Prices
(1) Our offers are always non-binding and subject to change without notice.
(2) Prices are exclusive of the statutory value-added tax.
(1) Our invoices are payable within 14 days.
(2) If the customer falls into arrears, T.A. Cook has the right to charge interest of 8 % above the respective interest rate of the European Central Bank.
T.A. Cook and its legal representatives and vicarious agents are only liable for intent or gross negligence. In case of a gross negligent violation against non-essential contractual duties T.A. Cook shall only be liable in the amount of the foreseeable, contract typical, immediate average damage. The aforementioned liability disclaimer shall not concern liability for damage to loss of life, bodily injury or damage to the health of a person.
5. Property Rights
All intellectual property rights, including all copyrights, know-how, trademarks, registered designs and inventions provided by T.A. Cook are and remain the property of T.A. Cook. The possibility to transfer rights of use is subject to a separate agreement.
6. Confidentiality/Non-solicitation Agreement
(1) Information of a particularly sensitive nature will be treated as confidential.
(2) The client will not actively solicit or allow solicitation by known third parties of any T.A. Cook employees actively involved on the project. The client will be considered to be in violation of this rule if within six months after completion of the contract, a T.A. Cook employee works for or provides services to the client. In case of a violation of the non-solicitation agreement the client is obliged to pay a penalty equivalent to six months’ gross salary and also pay an indemnity equal to the lost profit expected over six months attributable to such an employee.
7. Specific Conditions for Events
(1) Participation in an event is only possible if payment has already been received, or if it is submitted at the event in cash or with a collection-only check. Early bird discounts will only apply if payment is received by the early bird deadline. Any discounts offered on either events or studies may not be combined.
(2) Cancellations must be made in writing at least two weeks before the beginning of the event. In this case T.A. Cook will charge a processing fee of £175.00, €200.00 or $250.00 depending on the currency of the event that it is registered for. Cancellations received less than two weeks before the event will be liable for the full registration fee. If a participant cannot attend for whatever reason, it is possible to nominate a substitution. We reserve the right to make changes to the event program and the right to cancel your registration or refuse access to the event.
(3) By participating in this event, you grant us the right to take and use photographs and video footage for educational, news or promotional purposes. All photos and videos become the property of T.A. Cook. Should you wish to opt-out of this, please contact us at email@example.com.
8. Governing Law/Place of Jurisdiction/Place of Performance
(1) The law of the Federal Republic of Germany is solely applicable. Application of the UN Convention on Contracts is expressly excluded.
(2) The place of jurisdiction is Berlin.
(3) The place of performance is Berlin, or in case of consulting projects the agreed location, and with regard to events the announced event location.
9. Final Provisions
If individual provisions of these terms are or become void, invalid, or contestable, then they shall be interpreted and amended so as to achieve as closely as possible the intended commercial purpose in a legally permissible manner. The remaining provisions shall remain unaffected. This applies in like manner to any loopholes in need of amendment.
Berlin, August 2014