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Spinwaves Lab is an official trade name under the sole proprietorship Uturnity. The applicable terms and conditions are those drawn up for Uturnity.
General Terms and Conditions Uturnity
1. The following general terms and conditions apply to all agreements concluded with Uturnity, unless expressly agreed otherwise in writing.
Scope of obligations
2.1 Agreements concluded with Uturnity lead to a best efforts obliga-tion for Uturnity, not a result obligation, whereby Uturnity is obliged to fulfill its obligations in such a way as can be required of Uturnity according to standards of care and craftsmanship according to the standards at the time of fulfillment.
2.2 If Uturnity engages third parties for the execution of an agree-ment concluded with Uturnity, Uturnity is obliged to select these third parties as carefully as the client would do if the client selected those third parties itself.
2.3 Insofar as Uturnity is dependent on information from, or coopera-tion by, the client or a participant for the correct fulfillment of its ob-ligations, Uturnity is released from its obligations in the event of late provision of that information or cooperation.
3.1 Courses offered by Uturnity (in the broadest sense of the word) will only take place if there is sufficient registration.
3.2 Admission to a study program may depend on a selection proce-dure by Uturnity, in which the knowledge or skill level is tested.
4.1 Non-participation in an activity on the date on which one is placed (other than the situation referred to in 4.2) is regarded as cancellation (even if participation in the same activity at a later time). Cancellation must be made in writing.
4.1. In case of cancellation up to four weeks before the start of the course, 10% will be charged.
In case of cancellation between two and four weeks before the start of the course, 25% will be charged.
In case of cancellation within two weeks before the start of the course, 75% of the course fee is due.
. In the event of cancellation on the course day itself or in the event of non-appearance at the course, 100% of the course fee is due.
With due observance of the provisions of 3.2 a placed participant may be replaced.
4.1.2 In the event of cancellation of training/conferences/courses (whether or not in-company) developed by Uturnity at the request of the client, the costs actually incurred by Uturnity (to be specified by Uturnity) will be charged in the event of cancellation up to one month before the start. In the event of cancellation within one month before the start, the first agreed installment is due in addition to the costs actually incurred by Uturnity.
5.1 All prices quoted by Uturnity are exclusive of VAT. Payments must be made within fourteen days of the invoice date. In the event of late payment, default interest is due, equal to the statutory commercial interest, and extrajudicial collection costs are owed up to an amount of 15% of the amount not paid on time.
5.2 If more than usual effort is required from Uturnity for the execu-tion of the agreement (training courses to be developed on request, large numbers of participants, etc.), Uturnity can demand payment (or equivalent security) before the start of its activities.
6. During the execution of the agreement, neither of the parties is permitted to hire or otherwise have work performed by persons from the other party who are or have been involved in the execution of the agreement or within one year after termination of the agreement. perform or negotiate with such persons, other than with the prior written consent of the other party.
7. Insofar as copyright, brand, model, trade name or other intellectual property rights are based on products and services supplied by Uturni-ty for the execution of the agreement, Uturnity is and remains the holder (pursuant to licenses from third parties) or owner of these rights. . The client only obtains a non-transferable right of use insofar as this is necessary for the execution of the agreement. The client may only use the material carriers of these rights for the purpose for which they were provided to the client, not to multiply them and not to change or remove the copyright, brand, model, trade name and other indications.
8.1 Uturnity is not liable for indirect damage attributable to it. Uturni-ty is only liable for damage that is a direct result of a shortcoming at-tributable to Uturnity if that shortcoming is the result of intent or gross negligence on the part of Uturnity. If Uturnity is obliged to com-pensate damage, this compensation is limited to the agreed price, involved in the agreement (and in the case of a continuing perfor-mance agreement, for the duration of one year).
8.2 Insofar as sports and comparable activities form part of the agreement concluded with Uturnity, participants in such activities must assess themselves whether they are physically and in terms of condition able to participate responsibly in such activities.
9. By entering into an agreement with Uturnity, Uturnity is granted permission for automatic processing of the personal data obtained from the agreement. Uturnity will only use this personal data for its own activities. Uturnity will manage the personal data it has obtained in the manner prescribed by law.