Legal

General Terms and Conditions

General terms and conditions for AI upskilling, certificate and hands-on programmes and AI hackathons, operated by Corporathon, Tim Jamboula.

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General Terms and Conditions
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This English version is provided for convenience. The German version is legally binding.

Tim Jamboula

Sanderstraße 18, 12047 Berlin, Germany

Email: info@ki-weiterbildungen.co

Referred to below as the “Contractor”. The contracting party is referred to as the “Client”.

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Sec. 1 Subject matter of the contract

  1. 1The subject matter of the contract is the Contractor's services agreed in the respective offer, in particular the design and delivery of hackathons, workshops, trainings and events in the field of artificial intelligence, as well as related consulting, service and work services.
  2. 2The Contractor owes careful performance in line with the state of the art at the time of delivery, unless otherwise agreed. The service is to be provided in German, unless otherwise agreed. The Contractor is obliged to remain neutral when providing the service.
  3. 3Insofar as consulting or training services are agreed, the Contractor owes competent performance, but not a specific economic outcome.
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Sec. 2 Cooperation between the parties

  1. 1The parties ensure, through organisational measures, that the Contractor's staff deployed in performing the service are subject solely to the Contractor's right of direction and disciplinary authority. They are not integrated into the Client's organisation.
  2. 2Each party names one responsible contact person. The Client forwards requirements exclusively to this contact person and issues no instructions to the other deployed staff. The deployed staff do not enter into an employment relationship with the Client, even where they perform services on the Client's premises.
  3. 3The Contractor generally determines the place and time of performance itself. Time, location and subject-matter requirements must be observed insofar as they follow from the service description or from agreed schedules, or are necessary to achieve the purpose of the engagement. The Contractor is responsible for the necessary work equipment itself, unless agreed otherwise.
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Sec. 3 Rights to the work results

  1. 1Unless otherwise agreed in the contract, upon full payment of the agreed fee, the Contractor grants the Client a simple (non-exclusive), temporally and geographically unrestricted, transferable and permanent right to use, store, reproduce and edit the work results created specifically for the Client (e.g. concepts, analyses, reports, presentations, individually created prototypes and documentation) for the Client's own business purposes within the Client's company.
  2. 2Pre-existing works of the Contractor, in particular methods, frameworks, templates, software building blocks, checklists and formats (including the concept and delivery methodology of hackathons and trainings), remain the Contractor's property. The Client only receives the right to use these in the course of using the work results. Independent exploitation, transfer or sublicensing of these pre-existing works is only permitted with separate written consent and, where applicable, against additional payment.
  3. 3The right of use under paragraph 1 only takes effect upon full payment of the fee owed for it. Until then, use is only permitted for testing and coordination purposes.
  4. 4The Contractor's and its staff's moral rights (Urheberpersönlichkeitsrechte) remain unaffected.
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Sec. 4 Results from hackathons, workshops and events

  1. 1If the Contractor runs a hackathon, workshop or comparable event for the Client, the substantive results produced by the Client's participants during it (ideas, prototypes, drafts) belong to the Client as between the parties, unless otherwise agreed.
  2. 2The event format, methodology, task assignments, coaching material and the tools and templates provided by the Contractor remain the Contractor's property (Sec. 3 paragraph 2).
  3. 3If third parties who are not the Client's employees take part in the event, the rights to their results must be governed separately. The Contractor will point out such a need for arrangement but assumes no liability for it.
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Sec. 5 Client's cooperation

  1. 1The Client supports the Contractor in performing the contract and makes the necessary staff, information and access available in good time. It grants the Contractor access to the required business premises during normal business hours. If the Client fails to meet its cooperation duties in time, agreed dates shift accordingly; any resulting additional effort may be invoiced separately.
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Sec. 6 Service and response times

  1. 1Unless service hours are agreed, Monday to Friday from 9:00 to 17:00 (excluding statutory public holidays at the Contractor's registered seat) apply as service hours.
  2. 2Unless response times are agreed, services are to begin without undue delay after receipt of the relevant notification within service hours.
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Sec. 7 Dates and delay

  1. 1Information on delivery dates is non-binding unless expressly confirmed as binding in writing. Partial deliveries are permitted.
  2. 2Delivery periods are extended by the period during which the Contractor is prevented from performing due to labour disputes, force majeure, supplier failure, staff illness or other unforeseeable events beyond its control, plus a reasonable restart period. The same applies for as long as the Contractor is waiting for information or cooperation from the Client.
  3. 3Reminders and deadline notices from the Client require text form. If the Contractor falls into default, claims only arise after a reasonable grace period of at least twelve working days has passed without result.
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Sec. 8 Payment, set-off and assignment

  1. 1Payments are due without deduction within 14 days of receipt of the invoice. The interest rate for maturity and default interest is 9 percentage points above the respective ECB base rate (Sec. 288 (2) BGB); statutory provisions otherwise apply.
  2. 2All prices are final prices under Sec. 19 UStG; as a small business (Kleinunternehmer), the Contractor does not show VAT.
  3. 3The Client may only set off against undisputed or legally established claims. It only has a right of retention for claims arising from the same contractual relationship.
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Sec. 9 Acceptance

  1. 1Insofar as work services (Werkleistungen) are owed, the Contractor may, after completion, request a written declaration from the Client that the service has been provided in accordance with the contract. The declaration must be given within two weeks. Acceptance is deemed to have occurred if the Client uses the service for more than four weeks after provision without giving written notice of a material defect, or if it pays without reservation.
  2. 2For pure services (e.g. ongoing consulting), no acceptance takes place.
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Sec. 10 Warranty

  1. 1The Client must give written notice of obvious defects within a reasonable period, with an exact description of the defect. Late or unfounded notices release the Contractor from its performance obligations to that extent; if it nevertheless takes action, it will invoice the effort.
  2. 2If subsequent performance has ultimately failed, the Client may reduce the fee or withdraw from the contract. Sec. 11 applies to damages.
  3. 3The Contractor supports the Client in troubleshooting even where a defect has not been established. If the service turns out to be free of defects, it will invoice the effort.
  4. 4The warranty lapses if work results have been altered and the Client does not prove that the defect is independent of this.
  5. 5The warranty period is one year from acceptance, unless otherwise agreed.
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Sec. 11 Liability

  1. 1The Contractor is liable without limitation for intent or gross negligence, for injury to life, body or health, under the Product Liability Act, and for guarantees it has given.
  2. 2In other cases, the Contractor is only liable for breach of a material contractual duty (cardinal duty) whose fulfilment first makes proper performance of the contract possible and on whose observance the Client may regularly rely, and then only limited to the foreseeable damage typical for this type of contract. Liability is otherwise excluded.
  3. 3Strict liability for defects already present at the time the contract was concluded (Sec. 536a BGB) is excluded.
  4. 4Claims for damages against the Contractor become time-barred within one year of the statutory start of the limitation period, except in the cases of paragraph 1.
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Sec. 12 Third-party rights

  1. 1The Contractor warrants that no third-party rights conflict with the granting of rights under this contract. If a third party asserts conflicting proprietary rights against the Client, the Client will notify the Contractor in writing without delay. The Contractor may defend against or satisfy the claims at its own expense, reimburse the Client's defence costs, or exchange the affected services for equivalent ones within a reasonable period.
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Sec. 13 Confidentiality

  1. 1The contracting parties keep confidential all confidential information, documents and data that become known to them in the course of the cooperation, do not make them accessible to third parties, and do not use them outside the purpose of the contract. They bind their deployed staff to confidentiality in writing. The Contractor deletes data provided to it on request, and returns or destroys documents provided to it, insofar as no statutory retention obligations conflict with this. The confidentiality obligation continues after the end of the contract.
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Sec. 14 Data protection

  1. 1The parties observe the applicable data protection provisions, in particular the GDPR and the German Federal Data Protection Act (BDSG).
  2. 2If the Contractor processes personal data on the Client's behalf, the parties conclude a data processing agreement under Article 28 GDPR before processing begins.
  3. 3Information on the processing of personal data by the Contractor as controller can be found in its privacy policy.
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Sec. 15 Customer references and testimonials

  1. 1The Client grants the Contractor the simple, non-transferable right, revocable at any time for good cause, to use the Client's company name and logo as a reference (in particular on the website, in presentations, offers, case studies and on social media). Use is exclusively for the Contractor's marketing and advertising purposes, subject to any of the Client's brand guidelines and without demeaning or misleading depiction. Confidential information is not disclosed.
  2. 2The Client agrees to provide brief written feedback (a testimonial) on request after completion of the project or defined project phases. The Contractor may only publish positive feedback, naming the company name and logo. The testimonial is submitted to the Client for review before publication; approval may not be unreasonably withheld or delayed. Editorial shortening without distorting the content is permitted.
  3. 3These rights apply for an unlimited period, but solely for the purpose of the Contractor's own promotion. Personal data (e.g. names or photos of the Client's staff) is only used with the separate prior consent of the person concerned. The confidentiality obligations under Sec. 13 remain unaffected.
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Sec. 16 Final provisions

  1. 1The place of jurisdiction for all disputes arising from this contractual relationship is Berlin, insofar as the Client is a merchant, a legal entity under public law or a special fund under public law.
  2. 2Amendments and additions to this contract require text form. This also applies to waiving this form requirement.
  3. 3The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
  4. 4Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected.
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