General Terms and Conditions (GTC)

Note: Only the German version of these terms and conditions is valid. Here only a computer-produced translation is provided without any guarantee of accuracy.

§ 1 | Scope of application  

(1) All orders via the webshop of ServiceLobby RT GmbH, Stöffelburgstraße 53, D-72770 Reutlingen, phone number: 0049 151 614 355 09, e-mail: Info@service-lobby.com, Managing Directors: Leon Tonat, Dr. Simon Tonat, Register Court: Stuttgart District Court, Register Number: HRB 782261, Sales Tax Identification Number pursuant to § 27a of the German Sales Tax Act: DE348939983 (hereinafter "Supplier") are placed exclusively on the basis of the following General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the order.

(2) Unless expressly agreed in writing, deviating terms and conditions shall not apply. The latest version of the GTC shall be sent to the customer upon request and can be downloaded independently of this at any time under https://service-lobby.com/agb/ be viewed, downloaded and printed out. By ordering a course, the customer expressly agrees to the application of these GTC and waives the assertion of his own deviating terms and conditions or terms and conditions of purchase and payment. Other terms and conditions do not apply even if the provider does not expressly object to them in individual cases. If the customer does not agree to this, he must immediately notify the provider of this in writing.

(3) Customers within the meaning of these GTC are Exclusively entrepreneur within the meaning of Sections 14, 310 (1) of the German Civil Code (BGB), i.e. any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity. Sale to consumers is excluded.

(4) Individual agreements made with the Customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or written confirmation by the Provider shall be authoritative for the content of such agreements.

§ 2 | Subject matter of the contract

(1) The Provider offers a variety of different training and continuing education courses (hereinafter "Courses") for the effective and sustainable improvement of corporate services. At the end, the customer receives a certificate confirming successful participation in a course.  

(2) The Provider shall provide the specific service after placing the order under the terms and conditions of the respective specified service description. This concerns in particular the type and scope of the services as well as the price and access to the respective course materials.

(3) The courses are offered in German only.

§ 3 | Conclusion of contract

(1) The customer can place an order for a course in the online store under the menu item "Academy" as follows:

(a) First, the customer can navigate from the homepage under the menu item "Academy" to the lower part of the page and get an overview of all available courses.

(b) Once the customer has decided on a course, he can view it without obligation by clicking on the course name, the brief description or the course image and thereby obtain further information about the corresponding course (e.g. course content, learning objective, price, scope of services, access requirements, etc.).

(c) If the customer wishes to order the selected course, he will be redirected to a web page for entering his order data by clicking on the button "Buy course". The ordering process now comprises two steps.
The customer enters his order data. The information marked with an asterisk "*" is mandatory to place an order with the provider. All other information is optional. The order data also includes the assignment of a password and a user name for a personal customer account, in which the customer can call up his courses and view his order. The data must be provided by the customer completely and truthfully.
By pressing the button "To the order overview" an overview of the entered data is created, in which all essential characteristics of the order, in particular individual prices of the selected courses, the total amount of the order, as well as specified customer data are summarized once again. The customer can make changes to his order at any time before sending the order by navigating upwards on the page or by canceling the order process and starting again from the beginning.
If the customer wishes to place the order, he can complete the order after checking the order data by clicking on the button "Order subject to payment" as well as the prior activation of the check boxes at the end of the order.
By clicking on the corresponding check boxes marked with an *, the customer assures before placing the order that he/she is placing the order as a company or on behalf of a company and that he/she has taken note of the GTC and the privacy policy of the provider and accepts these in the version current at the time of conclusion of the contract.
On the other hand, ordering a newsletter and agreeing to receive new course offers is optional for the order.

(2) By pressing the button "Order subject to payment", the customer submits a binding offer to conclude the contract. Payment is only possible by invoice, which the provider will send to the customer by e-mail. Other payment methods are expressly excluded.

(3) A contract is concluded when the Provider accepts the order confirmation. Unless otherwise stated in the order, the Supplier shall be entitled to accept the Customer's offer to enter into a contract within a period of 2 weeks after receipt by the Supplier. The express declaration of acceptance is equivalent to the issuance of an invoice. The supplier is entitled to refuse the acceptance.

§ 4 | Storage and language of the contract text

The provider stores the order and the entered order data of the customer. It sends the customer an e-mail with all order data and the General Terms and Conditions. The customer also has the option of printing out both the order and the General Terms and Conditions before sending the order to the provider. Finally, the customer has access to the orders placed by him at any time via the customer account. The text of the contract is only made available in German.

§ 5 | Customer account and access to courses

(1) Ordering in the online store requires the creation of a free customer account. Access to the ordered courses is only possible via this account. A transfer of the courses in any other way is excluded.

(2) Within the scope of the order, the customer assigns a password and a user name for a free customer account. When the order is sent, the customer account is created and the customer is automatically logged in when the order is placed. In addition, the customer receives in a separate e-mail information about the creation of the customer account with a link to the website of the provider. The e-mail is not an order confirmation.

(3) By clicking on the link, the customer is redirected to the website of the provider. By entering his e-mail address or his username and the specified password there, he can log in to the account with the specified data. 

(4) After payment of the invoice, the paid courses are activated via the account so that the customer can access the courses. In addition, he can view his orders and data, adjust them, order new courses and access his certificates if the course has been successfully completed.

(5) The customer is obligated to keep the password secret and not to disclose it to third parties under any circumstances. In particular, the customer must ensure that the access data does not fall into the hands of third parties who could then use the customer account. In case of loss of the password or in case of suspicion that a third party has gained knowledge of it or that a third party is using the customer account, the customer is obliged to inform the provider immediately. To protect against unauthorized access by third parties, the password should be changed at regular intervals.

(6) Insofar as the Customer's personal details change, the Customer itself is responsible for updating them. All changes can be made on the website of the Provider after logging in under "My Account".

(7) The customer has the option to delete the customer account at any time. The Provider shall then delete all data stored about the Customer within a reasonable period of time. By deleting the customer account, the customer agrees that access to the courses already booked will also expire. The Provider is then no longer able to restore access and data.

§ 6 | Use of the courses and copyrights

(1) All contractual content is subject to copyright. Access shall take place exclusively via the web interface. A transfer in physical form does not take place.

(2) The Provider grants the Customer a simple, non-exclusive and locally unrestricted right to use the ordered digital content in accordance with the service description and the terms of use. The right of use is limited to a period of 3 months from the date of activation by the provider and on the use of the limited by one natural person from the customer's company at a time. The foregoing right of use shall not, without the prior consent of the Provider, include any transfer of the Course Materials to third parties, any reproduction for transfer to third parties, or any rental or other use outside of these Terms of Use.

(3) When ordering the courses, the customer is automatically granted the above rights of use for the first three learning units. The granting of the above rights of use for all further units, on the other hand, is subject to the full payment of the agreed remuneration. The Provider shall grant full access to the courses after payment of the remuneration recorded on the invoice.

(4) The Customer undertakes to take appropriate measures to ensure that the Terms of Use are complied with. The Provider reserves the right to withdraw all rights of use from the Customer in the event of a violation of the above-mentioned rights of use and to immediately block access to the ordered courses.

§ 7 | Prices, Due Date, Default, Right of Retention

(1) Costs and prices result from the respective course offer of the Provider. All prices stated are net prices in euros and are subject to the applicable sales taxes.

(2) Payment shall be made on account. The invoice shall be sent to the Customer by e-mail at the latest upon acceptance of the contract by the Provider. The customer agrees to the electronic transmission of the invoice. Payment shall be due immediately upon transmission of the invoice. Invoice amounts are to be paid by the Customer within 14 calendar days of the invoice date without deduction. The Provider shall retain the service to be rendered until the invoice has been settled.

(3) If the Customer is in default, the Customer shall be obliged to pay the statutory default interest in the amount of 9 percentage points above the respective base interest rate. In addition, the customer shall be entitled to payment of a lump-sum reminder fee in the amount of 40 euros. We reserve the right to claim further damages.

(4) The Customer shall only have the right to offset if its counterclaims have been legally established and are undisputed or acknowledged by the Provider or are in a synallagmatic relationship with the Provider's claim. The Customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

§ 8 | Rights and obligations of the parties

(1) The Provider shall grant the Customer access to its customer account and access to the courses ordered by the Customer. Upon successful completion of a course, the Provider shall provide a correspondingly awarded certificate.

(2) The Provider shall not be responsible for technical disruptions of the Internet or the Customer's technical infrastructure.

(3) An essential factor for the provision of the contractual service by the Provider is the cooperation of the Customer. The Customer shall ensure that the technical requirements necessary for the retrieval of the courses are met. In addition, the Customer shall provide the Provider with all data necessary for the provision of the service truthfully and free of charge.

§ 9 | Liability, Compensation, Reimbursement of Expenses

(1) If the claims are based on an intentional breach of duty by the Provider, representatives or vicarious agents of the Provider, the Provider shall be liable for damages in accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by the Provider or its representatives or vicarious agents, liability shall be limited to the foreseeable, typically occurring damage.

(2) If the Provider or its representatives or vicarious agents have culpably breached an obligation, the fulfillment of which is a prerequisite for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the Customer regularly relies - and there is no case of liability under the statutory provisions within the meaning of Section 9.1 - liability shall be limited to the foreseeable, typically occurring damage.

(3) Unless otherwise stipulated by these GTC, the liability of the Provider for damages is excluded.

(4) The exclusions and limitations of liability under § 7 (1) and (2) shall also apply to other claims, in particular claims in tort or claims for reimbursement of futile expenses instead of performance.

(5) The exclusions and limitations of liability under § 7 (1) and (2) shall not apply to any existing claims for culpable injury to life, limb or health. They shall also not apply insofar as the Provider has assumed a guarantee for the quality of the performance or a performance outcome or a procurement risk and the guarantee event has occurred or the procurement risk has materialized.

(6) Insofar as the liability of the Provider is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

(7) A reversal of the burden of proof is not associated with the above provisions.

§ 10 | Data protection

(1) The purpose of collecting customer data is to be able to provide a customer-friendly, efficient and secure Internet service.

(2) All information on data protection and data security can be found in the provider's privacy policy.

(3) By entering into the contract, the customer agrees that he has read and accepted the privacy policy provider.

§ 11 | Final Provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance for all services of the Provider shall be Reutlingen.

(3) If the Customer does not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction for any disputes relating to the Platform shall be Reutlingen. For actions against the Provider, Reutlingen shall be the exclusive place of jurisdiction. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.

(4) The contractual language is German.

Status: October 31, 2022

Download the General Terms and Conditions (GTC) as PDF (German): Link