General Terms and Conditions (AGB) of onehourtotalk LLC
- General Principles
1.1 These General Terms and Conditions (AGB) apply to all legal transactions between onehourtotalk LLC and its clients/customers. The version valid at the time of contract conclusion is applicable.
These AGBs are equally applicable to B2B contractual customers and consumers via the online shop system on the www.onehourtotalk.de website.
1.2 They also apply to all future contractual relationships, even if they are not expressly referred to in additional contracts.
1.3 Contradictory AGBs of the client/customer are invalid unless expressly acknowledged in writing by onehourtotalk LLC.
1.4 Should any provision of these AGB become ineffective, this does not affect the validity of the remaining provisions and the contracts concluded under them. The ineffective provision is to be replaced by an effective one that most closely matches its intent and economic purpose.
- Contract Conclusion / Performance / Representation
2.1 The scope of a specific consulting, training, or coaching assignment is agreed upon individually. Specific offers from onehourtotalk LLC are legally binding. The contract is concluded – referring to § 864 AGB – as soon as the written acceptance of the offer is received by email from onehourtotalk LLC, a booking of the product onehourtotalk is made via the www.onehourtotalk.de website, or onehourtotalk LLC confirms an order in writing or by email. In case of doubt, § 864 AGBG applies if the interested party can expect that the email has been received. Changes or additions to the offer by the client/customer are only effective if accepted in writing by onehourtotalk LLC. Digital goods are excluded from return.
2.2 The content and scope of the services are derived from the contract or other service descriptions (internet, flyers, brochures). Content and/or organizational changes to the services by onehourtotalk LLC are exclusively agreed upon in writing and in coordination with the client or consumer.
2.3. onehourtotalk LLC is entitled to have the contract fulfilled entirely or partially by selected employees or third parties (e.g., cooperation partners or specifically designated onehourtotalk experts). Payment to the third party is made exclusively by onehourtotalk LLC itself. No direct contractual relationship arises between the third party and the client/customer or consumer. onehourtotalk LLC ensures that the third parties operate under the provisions of the LLC.
- Duty of Disclosure of the Client/Customer / Declaration of Completeness
3.1 The client/customer shall inform onehourtotalk LLC in writing at least one week in advance about previously conducted and/or ongoing consultations, trainings, or coachings – also in other fields.
3.2 The client/customer ensures that all documents necessary for the fulfillment and execution of the consulting, training, or coaching assignment are presented on time and that all processes and circumstances relevant to the execution of the order are made known. This also applies to all documents, processes, and circumstances that become known during onehourtotalk LLC’s activity.
3.3 The client/customer ensures that the organizational framework conditions for consulting, training, or coaching processes allow for effective work.
3.4 The client/customer ensures that their employees and the legally required and possibly established workers’ representation (works council) are informed about onehourtotalk LLC’s activity before it begins.
- Dates
4.1 onehourtotalk LLC strives to adhere to the stated fulfillment dates as precisely as possible. If a date for service provision by onehourtotalk LLC (e.g., force majeure, illness, or technical problems) cannot be met, onehourtotalk LLC is entitled to specify a replacement date, excluding any claims for damages (see also point 13.). If the damage is proven to have been caused exclusively by onehourtotalk LLC (e.g., due to a scheduling conflict), the consumer or client is entitled to compensation for the missed consultation service.
4.2 If a client/customer is unable to keep a scheduled individual appointment (coaching), they must notify onehourtotalk LLC in writing and/or electronically 48 hours before the scheduled time. Otherwise, a portion of the booked service will be billed to the client/customer or consumer (see 5.2). onehourtotalk LLC will then propose a possible replacement date.
4.3 If a client/customer withdraws from participating in blocked events (onehourtotalk performances, presentations, or cooperation events), this must be communicated in writing to onehourtotalk LLC no later than 4 weeks before the event starts. Otherwise, onehourtotalk LLC is entitled to charge cancellation fees for incurred costs.
4.4 If a client/customer (corporate customer) withdraws from consultations in the sense of business consulting, this must be communicated in writing to onehourtotalk LLC no later than 2 weeks before the agreed date. Otherwise, one
onehourtotalk LLC is entitled to charge cancellation fees for incurred costs.
- Cancellation Conditions
5.1 Cancellation by the client/customer is only acceptable with written acknowledgment from onehourtotalk LLC. Both the cancellation by the client/customer and the acknowledgment by onehourtotalk LLC can be made electronically.
5.2 If a scheduled individual appointment (coaching) is canceled by the client/customer less than 48 hours in advance, onehourtotalk LLC is entitled to bill 50% of the agreed fee, or 100% if canceled less than 24 hours in advance.
5.3 If a client/customer withdraws from participating in blocked events (onehourtotalk performances, presentations, or workshops) less than 4 weeks before the event starts, 20% of the agreed event price is due, 50% if canceled up to a week in advance, and the full amount thereafter.
5.4 If a client/customer withdraws from consultations in the sense of business consulting less than 2 weeks before the start, 50% of the agreed fee is due, and the full amount if canceled up to a week in advance or thereafter.
- Fees
6.1 Before fulfilling the services defined in the contract, onehourtotalk LLC receives a fee according to the contractual agreement – either via the online shop system or in direct exchange between the client/customer and onehourtotalk LLC.
6.2 onehourtotalk LLC will issue an invoice with all legally required features eligible for input tax deduction. onehourtotalk LLC is entitled to send invoices to the client/customer electronically. The client/customer expressly agrees to receive invoices electronically from onehourtotalk LLC.
- Payment
7.1 The fee is due for payment without deduction upon invoicing by onehourtotalk LLC – if done via the online shop. For orders involving multiple units or steps, the provisions agreed upon with the client/customer in contract form by onehourtotalk LLC apply.
7.2 Adherence to the agreed payment dates is essential for the fulfillment of the contract by onehourtotalk LLC. Any delay in payment entitles onehourtotalk LLC to suspend ongoing contract fulfillment and to withdraw from the contract. All associated costs and loss of profit are to be borne by the client/customer. In the event of late payment, the client/customer is obliged to pay default interest at the statutory rate, at least 5% p.a., and all collection costs.
- Data Collection
With the conclusion of the contract, the client/customer agrees to the collection and use of their data by onehourtotalk LLC within the framework of the applicable data protection regulations. It is noted that employers according to DSG may pass on data of their employees to onehourtotalk LLC if required by the LLC.
- Naming as a Reference
The client/customer agrees that onehourtotalk LLC may name the client/customer’s company name as a reference on the website, in flyers, and in brochures.
- Protection of Intellectual Property / Copyrights
10.1 All publications of onehourtotalk LLC, especially consulting, seminar, training, and coaching materials, as well as offers, reports, analyses, expert opinions, organization plans, programs, service descriptions, drafts, calculations, drawings, data carriers, etc., are copyright protected. The copyrights of the received documents belong to onehourtotalk LLC or, if indicated, the respective author. The client/customer is not authorized to reproduce and/or distribute the documents and information received within the scope of the contractually agreed services, wholly or partially, without the express written consent of onehourtotalk LLC, nor to make them accessible to third parties. Unauthorized reproduction/distribution does not create any liability for onehourtotalk LLC.
10.2 Violation of these provisions by the client/customer entitles onehourtotalk LLC to immediately terminate the contractual relationship prematurely and to assert other legal claims, especially for injunction and/or damages.
- Confidentiality / Loyalty
11.1 onehourtotalk LLC commits to absolute confidentiality and secrecy about all business matters that come to its knowledge, especially business and trade secrets as well as any information it receives about the nature, scope of operations, and practical activities of the client/customer. Furthermore, onehourtotalk LLC commits to confidentiality and secrecy of all personal and professional information that has become known in the course of service provision. This confidentiality and secrecy extend indefinitely beyond the end of the contractual relationship. Exceptions exist in the case of legally mandated testimony obligations.
11.2 The contractual partners and onehourtotalk experts commit to mutual loyalty. The client/customer is prohibited from poaching participants and onehourtotalk experts from events of onehourtotalk LLC during the duration of the contract and for 12 months after its termination. Clients/customers violating this may be liable for damages.
- Warranty
12.1 Since the success of seminar, training, and coaching services largely depends on the commitment of the client/customer, onehourtotalk LLC does not guarantee the intended success of the aforementioned services.
12.2 For consultations in the sense of business consulting, onehourtotalk LLC is entitled and obliged, regardless of fault, to correct any inaccuracies and defects in its performance that become known. onehourtotalk LLC will immediately inform the client/customer of this. This claim of the client/customer expires 3 years after the provision of the respective service.
- Liability / Damages
13.1 onehourtotalk LLC assumes no liability towards the client/customer for damages or personal injuries. Furthermore, it assumes no liability for the success/failure/circumstances resulting from a onehourtotalk or subsequent consultation – unless the damage was negligently grossly negligent or knowingly caused.
13.2 The client/customer and consumer consent to their participation as soon as they use the onehourtotalk product (as soon as the booking is executed).
- Duration of the Contract
14.1 The contract generally ends with the fulfillment of the defined services.
14.2 The contract can nevertheless be terminated at any time for important reasons by either party without observing a notice period. An important reason is, in particular,
if a contractual partner violates essential contractual obligations, or
if a contractual partner falls into payment default after the opening of insolvency proceedings.
if there are justified concerns about the creditworthiness of a contractual partner, over whom no insolvency proceedings have been opened, and this partner does not make advance payments or provide suitable security before performance by onehourtotalk LLC, and the poor financial circumstances of the other contractual partner were not known at the time of contract conclusion.
- Payment/Online Shop
15.1 Only the payment methods for the product “onehourtotalk” listed in the online shop are permissible. No other payment methods for products listed in the online shop are possible unless onehourtotalk LLC has individually agreed in writing with the client/customer.
15.2 All further consultations and coaching services via online media (chat, messenger, email, phone, WhatsApp, etc.) will be invoiced individually following the obligatory onehourtotalk and must be transferred properly within 14 days. As referred to on the website (according to the price determination), a “onehourtotalk” conversation, including all subsequent services, is billed to the minute according to the 60-minute rate. This applies to both oral and written consultations.
- Mediation Clause
16.1 In the event of disputes arising from this contract that cannot be amicably resolved, the contracting parties agree to involve registered mediators (ZivMediatG) – referred to by consumers as arbitrators according to § 6 Abs 2 Z 7 KSchG – with a focus on business mediation from the list of the Ministry of Justice for out-of-court settlement of the conflict. If no agreement can be reached on the selection of the business mediator or on content, legal steps will be initiated no earlier than one month after the failure of the negotiations.
16.2 In the case of a mediation that has not been concluded or has been broken off, Austrian law applies in any subsequent court proceedings.
All necessary expenses incurred due to previous mediation, especially those for an involved legal advisor, can be claimed as “pre-litigation costs” in a court or arbitration court proceeding in accordance with the agreement.
- Final Provision
17.1 The contractual partners confirm that they have made all information in the contract conscientiously and truthfully and commit to immediately notify each other of any changes.
17.2 Changes to the contract and these AGB require written form; the same applies to a deviation from this formal requirement. There are no oral side agreements.
17.3 Material law applies to this document of onehourtotalk LLC. The competent court in the city of Feldkirch, Austria, is the legal venue.