Terms and Conditions (GTC) of Scrum Academy GmbH
Cologne, May 2020
- Scope of application
- Contracting parties
- Place of fulfilment
- Data protection and data security
- Applicable law and place of jurisdiction
- Retention of title, copyright
- Participation fee
- Terms of payment
- Cancellation and cancellation of events
- Right of modification
- Liability for contents and lost objects
- Conditions of use, conclusion of contract and assurances at conclusion of contract
- Right of withdrawal
- User obligations and special provisions for providers
- Fees, billing, invoicing, terms of payment
The General Terms and Conditions regulate the contractual relationship between Scrum Academy GmbH and its customers.
General terms and conditions of the customer are not valid, even if Scrum Academy GmbH does not expressly contradict them.
Scrum Academy GmbH provides services exclusively to businesses within the meaning of §14 BGB (German Civil Code).
The contractual partner of the customer is
Scrum Academy GmbH
c/o Design Offices am Mediapark
Management: Dr. Severine Saleh, Sohrab Salimi
Registry court: Amtsgericht Köln
Registry number: HRB 77902
VAT ID: DE276206356
Place of fulfilment for all liabilities of Scrum Academy GmbH arising from this contract is Cologne, Germany.
With regard to further regulations concerning data protection and data security, reference is made to the separate data protection declaration, which can be saved and/or printed out by the customer.
If necessary for a complete processing of the orders, the personal data collected with the placing of the order will be passed on within the scope of an order data agreement according to §11 BDSG to vicarious agents of the provider.
With reference to §7 Abs. 3 UWG Scrum Academy GmbH reserves the right to refer to similar goods or services by email. The customer can object to this use at any time without incurring any costs other than the transmission costs according to the basic tariffs. It is sufficient to send an informal email to email@example.com.
The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer shall be our registered office in Cologne, Germany.
The law of the Federal Republic of Germany shall apply exclusively to the contractual relationship with the customer.
Damage caused by slight negligence will only be compensated if it is a breach of a material obligation (cardinal obligation). In cases of a slightly negligent breach of a material obligation, liability is limited to the foreseeable damage typical of the contract.
Otherwise Scrum Academy GmbH is only liable in case of intent or gross negligence or in case of culpable injury of life, body or health.
Liability claims due to slight negligence shall become statute-barred one year after their occurrence. This does not apply to culpable injury to life, limb or health.
Scrum Academy GmbH reserves the unrestricted right of ownership for all deliveries of materials in physical form until the complete fulfilment of all payment obligations by the customer.
If Scrum Academy GmbH creates copyrightable works for the customer (e.g. training documents, presentations, programming), the customer – subject to the complete fulfilment of all payment obligations by the customer – will always be granted only a simple right of use for his own purposes without the rights of reproduction, distribution, processing or making available, unless otherwise stipulated in the contract or unless the purpose of the contract clearly states otherwise.
The seminar documents handed out or sent in the context of seminars – in whatever form – are subject to copyright protection and may only be reproduced, translated, reprinted, electronically processed, distributed or published – even in extracts – with the express written consent of Scrum Academy GmbH and the respective instructors.
The following General Terms and Conditions regulate the contractual relationship for the participation in open formats of Scrum Academy GmbH.
Registration must be made in writing using the online registration forms prepared for you or by email.
If the prepared online registration forms are not used, the name of the participant and the full company address or billing address with telephone number and email address are required.
The registration becomes legally binding only after our confirmation by email. If the event is already fully booked, we will contact you immediately. Without a confirmation of registration there is no right to participation. Registrations will be considered in the order in which they are received, the number of participants is limited.
The participation fee is per person and event date plus statutory VAT. Unless otherwise stated, the participation fee includes attendance at the seminar, extensive seminar documents, a joint lunch and beverages during breaks per seminar day.
The participation fee plus statutory VAT is due within 14 days of receipt of the invoice and must be paid prior to the date of the event. Payments will be accepted by bank transfer or credit card. A temporary participation in the event does not entitle to a reduction of the participation fee.
You can nominate a representative instead of the registered participant at any time. You will not incur any additional costs. This requires the prior notification of the replacement participant by email.
In case of cancellation of the registration the following conditions apply:
- Up to 4 weeks before the training can be cancelled free of charge and there are no cancellation fees.
- In case of a cancellation less than 4 but more than 2 weeks before the training 50% of the undiscounted participation fees will be charged as cancellation fees, unless the provider waives this as a gesture of goodwill.
- In case of cancellation less than 2 weeks before the training, 100% of the undiscounted participation fees will be charged as cancellation fees, unless the provider waives this as a gesture of goodwill.
We reserve the right to cancel the event at the latest seven days before the planned date of the event due to a minimum number of participants not being reached or for important reasons for which we are not responsible (e.g. sudden illness of the speaker). Participation fees already paid by you will be fully refunded in this case.
In case of cancellation of an event due to force majeure, e.g. flu epidemic, no refunds of the course fee will be made.
Further liability and compensation claims are excluded in any case, unless there is intent or gross negligence on our part. Please also take this into account when booking hotels, flights or train travel.
We are entitled to make necessary changes to the content, methods and organisation (e.g. due to legal changes) before or during the event, provided that these do not significantly change the benefit of the announced event for the participant.
If necessary (e.g. illness, accident), we are entitled to replace the intended speakers with other equally qualified speakers with regard to the announced topic.
The events will be prepared by Scrum Academy GmbH and its speakers to the best of their knowledge. Liability and guarantee for the correctness, topicality, completeness and quality of the contents are excluded.
Scrum Academy GmbH is not liable for loss or damage of objects brought along at events, unless the loss or damage of these objects is due to grossly negligent or intentional behaviour of Scrum Academy GmbH.
With the Agile Academy Scrum Academy GmbH operates a booking platform that offers users the possibility to plan, organize and advertise trainings, seminars, workshops, info events etc. (hereinafter referred to as “event“) around the topic of agility in the context of their commercial activity, to register participants for courses and to manage, invoice etc. independently via the associated Training Management System (“AgileTMS“). (the organizing user is referred to in the following as “provider“). In addition, Scrum Academy GmbH offers providers certain other services, if necessary.
In return, Scrum Academy GmbH offers its users the possibility to book courses and, if necessary, to purchase additional products and services (the purchasing user is referred to as “customer” in the following) as well as to register themselves or third parties as participants (in the following referred to as “participant“) via the platform www.agile-academy.com (in the following referred to as “booking platform“).
Scrum Academy GmbH reserves the right to charge fees for certain services within the booking platform.
(1.1) The contractual obligation in relation to an event and the sale or purchase of tickets is exclusively between the provider and the customer. In this respect Scrum Academy GmbH acts exclusively as a commercial representative or as an agent who acts in the name and for the account of the provider and handles the sales contract on their behalf. For this reason Scrum Academy GmbH is not liable for insolvency of the provider or the cancellation of an event.
(1.2) The information about the respective event, the number of available seats, the course price as well as the available payment methods depend exclusively on the settings made by the respective provider when creating the offer for the event on the booking platform. Scrum Academy GmbH has no influence on these settings; the responsibility for the correctness of the settings lies with the provider.
(1.3) Additional terms and conditions of the respective provider may apply to the implementation of the event offered by the provider. Scrum Academy GmbH has no influence on this.
(1.4) By uploading the event offer, the provider submits an offer for the conclusion of a sales contract by indicating the number of available seats, the event price and the available payment methods. The customer accepts their offer to conclude a purchase contract by clicking on the corresponding button in the respective order form. The effective acceptance of the offer by the customer requires that the customer has filled in all required fields in the order form. Immediately after conclusion of the contract, the customer will receive a confirmation of the booking request by email from the Agile Academy booking platform. In addition, the provider will confirm the actual conclusion of the purchase contract as soon as possible. The customer is obliged to inform the Agile Academy if he/she has not received this confirmation email or not in time.
(1.5) The invoice is issued by the respective provider. The event price is paid by the customer directly to the provider.
(2.1) Scrum Academy GmbH provides services exclusively to companies as defined by §14 BGB. The right of withdrawal for consumers is accordingly not applicable to the Scrum Academy GmbH.
(2.2) The provider is free to offer their events also to private consumers. Whether and if so, in what form this results in a right of withdrawal for consumers, please refer to the booking and cancellation conditions of the respective provider.
((a) The provider is obliged to inform customers of any existing right of revocation or return and to instruct them accordingly. If there is a legal obligation to make terms and conditions available, the provider is also obliged to do so.
(b) If an event for which seats are still being or have been sold through the Agile Academy or have already been sold is cancelled or changed in terms of date, time, venue or other material factors, the provider will independently ensure that the course is removed/adjusted from the booking platform and will proactively inform affected customers and participants of the change and how to proceed.
(c) The provider assures Scrum Academy that (i) no agreement or other arrangement exists between the provider and a venue, or the owner or operator of a venue, or a third party, which prevents or restricts the provider from obtaining the services of the booking platform in accordance with these GTC; (ii) the provider has the right to enter into this agreement, including the authority to engage Scrum Academy to arrange course places in accordance with these TOS; and (iii) the provider has the right to conduct or market the event offered on the Agile Academy platform and (iv) to the provider’s knowledge there is no reason preventing the event from taking place. The provider undertakes to prove the assurances made in this clause to Scrum Academy upon request.
(d) The provider hereby commissions and authorizes Scrum Academy to act as agent on behalf of the provider for the duration of the term of this Agreement to arrange the purchase of tickets for the courses that the provider organizes, plans and presents via the AgileTMS platform or in any other way, to arrange the purchase of tickets for these courses via the Agile Academy platform and to send the booking request confirmation.
(a) The provider determines the basic price for his courses at his own discretion. When setting the price, they can decide for themselves whether they wish to provide an “Early Bird” offer limited in time and quantity. Also, the provider can offer discounts via vouchers to their customers.
(b) Scrum Academy receives a fee (“Booking Processing Fee”) from the provider for the services within the Training Management System as well as for the use of the Agile Academy platform by the provider according to the current price list or according to contractual agreement.
(a) If there is a suspicion that the Agile Academy is being misused by the provider, Scrum Academy GmbH reserves the right to deactivate the event offers and stop the sale. A suspicion of misuse exists in particular if
- it becomes known in advance of the event that the event will not take place or will not take place as announced to the customers or participants;
- unlawful or immoral events are to be carried out or
- information is available which allows the conclusion that the organiser is not entitled to offer for sale and/or carry out the respective event.
(a) The provider can choose, according to agreement and technical implementation, which payment options available on the Agile Academy (“pay by invoice” and/or credit card payment via Stripe) they would like to make available to their customers and participants. The available payment options can be configured individually for each event after setup. If no Stripe account is connected for credit card payment, “pay by invoice” is automatically set as the fallback option. The payment by the customer is in any case made directly to the provider or an account operated by the provider.
(b) The provider is aware of the fact that with certain payment methods (e.g. “pay by invoice”) invoice amounts of ticket buyers may remain unpaid as open positions. This risk has to be borne by the provider. The provider shall be responsible for collection.
(c) The provider is obliged to issue a valid invoice to his customers and participants upon request. For this purpose he can use the invoicing functionalities provided in AgileTMS.
(d) The Scrum Academy GmbH bills the booking processing fees according to the usage agreement concluded with the provider. The provider is obligated to raise objections to the invoices issued by Scrum Academy immediately, but no later than four (4) weeks after the invoice is issued. Otherwise the invoice is considered approved.
If the provider offers a payment method other than “pay by invoice”, this will be processed via an account of the provider with the payment service provider Stripe:
510 Townsend Street
San Francisco, CA 94103, USA
Stripe, Inc. is a corporation organized under the laws of the State of Delaware. Registry number: 4675506, Secretary of State, State of Delaware.
Represented by Patrick Collison (Chief Executive Officer)
Information on data privacy: https://stripe.com/privacy
For more information on the processing of your data and the transfer of data to a third country (USA), please refer to our data protection information: https://www.agile-academy.com/en/privacy-policy/
5. Validity of the provisions of the General Conditions for the use of the Agile Academy booking platform
Otherwise, the provisions of the General Conditions for the use of the Agile Academy booking platform apply.
The following General Terms and Conditions apply to contracts between Scrum Academy GmbH and its customers for other services (e.g. consulting, moderation, coaching).
The scope of the activities to be performed by Scrum Academy GmbH (hereinafter: the subject matter of the contract) is described in text form in an offer of Scrum Academy GmbH or specified in text form in a contract.
The customer is obliged to make all documents and information necessary for the execution of the contract available to Scrum Academy GmbH in due time without special request.
Unless otherwise agreed, Scrum Academy GmbH may use third parties to fulfil its obligations.
The amount of the remuneration for our services (time fee/daily rates or fixed price) depends on the agreement reached with the client. The remuneration is to be understood plus value added tax (to the statutory extent) as well as the agreed expenses, ancillary costs, daily expenses etc.. We are entitled to invoice partial payments.
Unless otherwise agreed, invoices shall be issued monthly. Payment and expenses are due 14 days after receipt of a proper invoice without deductions.
If contractually agreed partial payments or other invoices issued by us are not settled or not settled in advance by the customer, we shall be entitled to discontinue further activities for the customer until the outstanding claim has been settled in full. In addition, we are entitled, if necessary after prior written reminders, to terminate the contract concluded with the customer without notice. In this case, we may invoice the customer either for the services actually rendered up to the time of termination or for the agreed or forecast fixed remuneration.
Our time and remuneration forecasts and the payment plan based on them represent a non-binding estimate, since the time required may depend on factors that we cannot influence. If the exceeding of the forecasted time – the scope of the remuneration is based on circumstances for which the client is responsible (e.g. insufficient cooperation of the client), the resulting additional expenditure shall be reimbursed by the client in accordance with the contractually agreed daily rates.
Travel expenses are all additional expenses that are directly caused by a business trip. These include travel costs, overnight accommodation costs, additional board and lodging expenses as well as proven or credible ancillary costs.
Travel expenses shall be calculated as follows: Flight costs (economy class), train costs (2nd class), rental car / taxi costs, overnight stays and other expenses will be charged according to receipt. Travel costs will be charged at EUR 0.50 per kilometre driven.
Scrum Academy GmbH and the customer are obliged to treat all facts and business information (trade secrets) which become known in the course of the execution of the contract and which are not generally known, and in particular the trade secrets of the respective other contractual partner, as confidential for an unlimited period of time, to use them only for the purpose of the execution of the contract and not to pass them on. If Scrum Academy GmbH uses third parties for the execution of the contract, it will obligate them to the same extent to maintain secrecy.
However, Scrum Academy GmbH may use the facts and information for oral or written publications without the prior consent of the customer, if it does not name the customer and no conclusion as to the identity of the customer is possible from the facts and information.
Scrum Academy GmbH may use the customer’s name and logo as a reference for its own marketing and only for this purpose also the customer’s brand and company. Excluded from this are the contents of the cooperation and the work results created in the process.
If an event is cancelled within 28 days before the agreed date for reasons for which the customer is responsible, Scrum Academy GmbH has a full claim to the agreed fee as well as costs including cancellation costs incurred for travel costs, accommodation costs or event rooms.
The methods and templates, concepts, tools and other materials made available by Scrum Academy GmbH for the provision of services shall remain the property and sole right of use of Scrum Academy GmbH without any restriction.
The customer receives the right to use the results of the work individually worked out during a workshop or in seminars in all known and still unknown ways.