All services and deliveries carried out by partnership for development GmbH (hereinafter referred to as p4d) are subject to these General Terms and Conditions (GTC). Deviating agreements, in particular conflicting terms and conditions, require our express written consent in order to be valid. The range of services offered by p4d includes two different forms of service provision, consulting services and open events.
Part A – Consultancy services
1. Offer and order
The services to be provided by p4d are always specified in text form. This can also be done in advance in a written offer by p4d. Upon confirmation of the offer by the client (acceptance), the services listed in the offer shall be deemed to have been agreed. Expenditure and costs shall be differentiated and specified in p4d’s offer on a performance-related basis. Our offers are non-binding unless we promise a binding acceptance period in text form. Prices and cost estimates are based on our knowledge and experience at the time the offer is submitted. We reserve the right to make changes to the offer until the client’s declaration of acceptance is received by p4d, unless we have expressly agreed to an acceptance period. The declaration of acceptance shall be in text form.
An order shall be concluded by the respective order confirmation (declaration of acceptance) of the client. The client places the respective order in text form with reference to the offer declared by p4d.
2. Service provision | Liability
p4d shall be entitled to employ third parties to fulfil its performance obligations.
p4d assures that all persons employed by it for the realisation of the project have the necessary qualifications and suitability for the services to be performed and act in accordance with the quality requirements of p4d.
p4d shall not be liable for delays and other disruptions in the provision of services that are caused by the client or lie within the client’s sphere of influence. The liability of p4d shall also be limited to intent and gross negligence.
3. Co-operation of the client
The client undertakes to provide p4d with the agreed information, documents and aids/tools required for the execution of the order with reasonable advance notice.
4. Terms of payment
The consulting services provided by p4d shall be invoiced after they have been rendered. If the service is provided in instalments, p4d shall be entitled to invoice the individual instalments.
Remuneration shall be based on the actual expenditure incurred. After consultation with the client, additional services and expenses may be charged, e.g. the deployment of technical personnel, utilisation fees for media and equipment, the preparation of minutes and documentation, unless such services are included in the offer.
Invoices shall be issued at the end of each month for the services rendered up to that point in the month. The client undertakes to pay each individual invoice within four calendar weeks of receipt of the invoice.
Unless otherwise agreed in text form, it is sufficient to send the invoice to the client as a PDF by e-mail.
All prices are subject to VAT at the current statutory rate, unless expressly agreed otherwise in text form.
5. Cancellation
If a date for the provision of the service cannot be met by p4d due to force majeure, illness, accident or other circumstances for which p4d is not responsible, p4d shall be entitled to make up for the services on a new date to be agreed, to the exclusion of any liability for damages. In the case of consecutive deadlines, the schedule shall be postponed by one deadline, so that a new final deadline must be agreed.
If the client does not attend an appointment agreed with p4d, the client shall be liable for the agreed remuneration as follows
– up to 60 days before the planned date – no remuneration
– 60 to 30 days before the planned date – 25% of the remuneration
– 30 to 10 days before the scheduled date – 50% of the remuneration
– less than 10 days before the scheduled date – 100% of the remuneration
6. Authorisation and review
p4d undertakes to obtain the client’s authorisation before producing any media. This shall be done by the client confirming the corresponding drafts in text form or by simply signing off printouts.
The client assumes the obligation to check the legal admissibility in word and image of all services proposed and designed by p4d. A guarantee of protectability and harmlessness under competition law on the part of p4d is expressly and completely excluded. Such a review is not part of the contractor’s scope of services.
Insofar as p4d uses images in presentations or documents that are selected and introduced by p4d, the above provision shall not apply in this respect.
7. Liability for property/material of the client
p4d shall not assume any liability for the client’s property, in particular for manuscripts, originals, reproducible templates, source media, etc., during transport and storage, unless p4d has acted wilfully or with gross negligence and this has caused damage.
8. Property rights | Competition
The know-how introduced by p4d in the course of the provision of services is protected by international copyright. The client shall be granted the right to use the know-how (e.g. in the form of instruments, systems, forms, checklists) provided within the scope of the order exclusively for internal use. The passing on of the know-how provided in connection with the order (media, concepts, etc.) to third parties is expressly prohibited without written agreement.
Insofar as company-specific documents are created jointly as part of the fulfilment of the order, the client alone shall be entitled to the copyright and the associated rights of use. However, paragraph 1 shall be observed as a restriction. p4d shall be entitled to a free specimen copy of the documents created in the course of the fulfilment of the order, which may be used anonymously as a reference for self-promotion and in publications and conferences, provided that no company-specific content is made accessible to third parties.
p4d shall also be entitled to offer its general services to competitors of the client, unless otherwise agreed between the parties in individual contracts.
9. Confidentiality
p4d undertakes to maintain secrecy about all confidential, internal and other business secrets for the duration of the co-operation and after its termination for an unlimited period of time.
The term business secret includes all internal company knowledge, processes and information that are only accessible to a limited group of people and/or that the client does not want to be known to the general public. This also applies to business secrets of the client’s customers.
10. Consent reference
p4d shall be entitled to refer to the existing or past business relationship with the client for reference, marketing and advertising purposes, in information and advertising materials, in electronic form or in text form (in particular on its website, in product sheets, presentations and other advertising and product information materials), to name the client as its customer and to use photos, logos or trademarks of the client free of charge for a period of 10 years exclusively for this purpose, as well as to reproduce and distribute these materials. This consent may be revoked in whole or in part by the client in text form at any time.
After revocation, p4d shall immediately remove all of the aforementioned content and refrain from distributing print products with corresponding content. Printed products that were created for a specific event may continue to be distributed for up to two months after the cancellation.
The scope of remuneration agreed between the parties for the order includes and covers compensation for reference use.
Part B – open events (individual registration)
1. Registration
A registration for open events organised by p4d shall be concluded with the sending of a written confirmation from p4d or a third-party provider (i.e. ticketing platform) commissioned by p4d for the respective purpose to the participants.
2. Service provision | Liability
p4d is entitled to use third parties to fulfil its service obligations.
p4d assures that all persons employed by it for the realisation of the project have the necessary qualifications and suitability for the services to be performed and act in accordance with the quality requirements of p4d. The liability of p4d is also limited to intent and gross negligence.
3. Co-operation of the client of the participants
When registering for open events, it is the responsibility of the participants to fulfil the technical conditions for participation and, if necessary, to travel to the place where the service is to be provided on their own responsibility and at their own expense, as well as to cover any accommodation and catering costs. For deviating agreements, the text form applies.
4. Terms of payment
Invoices shall be issued immediately upon booking an event. In the case of multi-module event series, a deposit as specified in the invitation to tender is due upon registration. Full payment for all registered modules must be made by the start of the first module at the latest, unless otherwise agreed in writing.
All prices are subject to VAT at the current statutory rate, unless expressly agreed otherwise in writing.
5. Cancellation
Cancellations on the part of the participant must be received by p4d in text form or via the ticketing platform used.
Unless otherwise defined, the following cancellation conditions apply
– up to 21 days before the scheduled date – cancellation free of charge
– 21 to 14 days before the scheduled date – 50% of the order value
– 14 to 0 days before the scheduled date – 100% of the order value
If p4d is unable to meet a deadline for the provision of services due to force majeure, illness, accident or other circumstances for which p4d is not responsible, p4d shall be entitled to reschedule the services on a new date to be agreed, to the exclusion of any liability for damages. In the case of consecutive dates, the schedule shall be postponed by one date, so that a new final date must be agreed.
We reserve the right to cancel events due to insufficient demand or number of participants or for other important reasons for which we are not responsible (e.g. sudden illness of the speaker, force majeure). Participation fees already paid by you will of course be refunded.
p4d is entitled to organise the event as a live online event instead of in person. The agreed price will not change as a result.
6. Property rights | Competition
The know-how provided by p4d in the context of open events is protected by international copyright. The client shall be granted the right to use the know-how (e.g. in the form of instruments, systems, forms, checklists) provided within the scope of the order exclusively for internal use. The passing on of the know-how (media, concepts, etc.) provided in connection with the order to third parties is expressly prohibited without written agreement.
p4d grants the participants the non-exclusive, permanent, irrevocable and non-transferable right to use the documents and materials provided in the context of events. Reproduction of the documents is expressly prohibited.
The recording of events on audio and/or video media is expressly prohibited.
Deviations from these utilisation regulations require agreement in the individual contract and are subject to text form.
7. Data processing and data protection
Your personal data will be collected and stored electronically by p4d upon registration or in the context of open events.
Your personal data will be processed in accordance with the statutory data protection provisions of the GDPR. Your data may be passed on to third parties involved (e.g. trainers) for the purpose of providing services.
The data will be processed electronically and used to organise and invoice the events.
8. Consent reference
If p4d offers open events in cooperation with partner organisations, these organisations have equal access to the data of the participants on a contractually regulated basis, including for the use of photos, event results or references.
Final provisions to Part A and Part B
Should provisions of these GTC be or become invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a provision that comes closest to the actual intention of the contracting parties.
In the event of conflicting GTC, only the conflicting clauses shall cease to apply. The remaining GTC shall remain effective. Any loopholes shall be filled by the generally applicable laws.
The text form shall apply exclusively to all agreements between the contracting parties, unless the written form has also been agreed. Verbal collateral agreements are not made. This also applies to the text form itself.
The law of the Federal Republic of Germany shall apply exclusively. In particular, the UN Convention on Contracts for the International Sale of Goods shall not apply.
Place of jurisdiction is the registered office of p4d.
Bonn, October 2023