General Terms and Conditions for the use of services by EDUvation. EDUvation only offers services for corporate customers and not for private customers.
For the booking of events:
EDUvation offers special events and participation in events for start-ups and female founders. These often take place as part of larger events and EDUvation has been commissioned by the organizer to market the space or is a regular tenant of the space itself. EDUvation can therefore not guarantee the general conditions of the event and must adhere to the general terms and conditions of the organizer. The contractual partners of EDUvation are therefore indirect subtenants of the respective organizer and also agree to the general terms and conditions of the organizer and can be viewed on the websites of the respective event or at EDUvation. Accordingly, EDUvation’s fee-based offers only apply to commercial customers and not to private individuals.
StartUp clause for paid offers: The contractual partner confirms that his company is not older than 10 years at the start of the event (verifiable by business registration) and is still mainly in the hands of the founders. Proof must be provided on request.
I. Registration and admission
Registration must be made using the registration form sent to you, accepting these conditions of participation, or online via the webshop at www.eduvation.de. The (rental) contract is concluded upon receipt of the signed registration form or confirmation from the online store to EDUvation. The range of services only includes the services explicitly mentioned in the offer text or on the web store.
Any conditions or reservations made by the contractual partner shall not be valid. All additional agreements, such as the ordering of services, require written confirmation by EDUvation. EDUvation cannot accept any liability for changes to the general conditions by the organizer.
Stand space that has not been taken over by the applicant or his authorized representative one day before the start of the event may be disposed of otherwise without the applicant being entitled to demand a refund or assert any other claims.
Conflicting general terms and conditions of the applicant are not recognized by EDUvation.
II Data protection
EDUvation and, if applicable, its service providers and the organizer may process personal data of the contractual partner in order to fulfill the contract.
By submitting the data, the contractual partner agrees that EDUvation and the organizer may communicate or transmit information by e-mail, post or telephone in strict compliance with the current Data Protection Act.
The contractual partner is permitted to view, correct, delete or block the data transmitted at any time. If the contractual partner wishes data to be deleted, EDUvation will do so immediately, provided this does not contradict the documentation or retention obligation. If the contractual partner does not agree to the use of their data, they can withdraw their consent (info@eduvation.de).
The contractual partner undertakes to inform its employees or vicarious agents that photos and promotional videos will of course be taken at a public event, some of which will be published without the persons depicted being named. All employees expressly agree to this regulation. The image rights to photo and video material taken at the EDUvation event or exhibition stand are held by EDUvation.
Further details on our data protection concept can be found in our privacy policy on our website www.eduvation.de/datenschutz/.
EDUvation is entitled to pass on the data provided when registering or booking (including when booking free events such as MeetUps) to EDUvation’s annual sponsors. The sponsors can be viewed at www.eduvation.de. All sponsors have undertaken to use this data only for the internal preparation of the events and not to pass this data on to third parties.
III Due date and default of payment
The entire contractually agreed amount shall become due upon conclusion of the contract.(2) In the event of non-payment despite the setting of a deadline under threat of refusal, EDUvation shall be entitled to dispose of the stand space or to withdraw from the contract.
The contractual partner is obliged to pay EDUvation the usual bank interest if the payment deadline is exceeded without a reminder.
IV. Sub-exhibitors
The transfer of an allocated stand or parts thereof to sub-exhibitors or co-exhibitors requires the prior permission of EDUvation. Sub-exhibitors or co-exhibitors must be registered separately. The inclusion of sub-exhibitors or co-exhibitors without the prior consent of EDUvation entitles EDUva to terminate the contract with the contractual partner without notice and to have the stand cleared at the expense of the applicant. For each unregistered co-exhibitor / additional company, a contractual penalty of EUR 500.00 (plus VAT) plus VAT will be charged. in addition to the regular exhibitor fee.
The contractual partner shall be liable to EDUvation for any fault on the part of the sub-exhibitor or co-exhibitor in the same way as for its own fault.
V. Insurance and liability
Proper insurance of the exhibits and all other equipment and facilities against all risks of transportation, assembly and disassembly as well as during the event, in particular against damage, theft, etc., is the responsibility of the applicant or his representative.
EDUvation’s liability for personal injury or damage to property is limited in all cases to intent and gross negligence.
Indirect damages and loss of profit are excluded from liability.
The contractual partner or its representative shall be liable for all damage caused to third parties by its participation, including damage caused to buildings and the event site and its facilities. The applicant expressly indemnifies EDUvation against any resulting recourse claims by third parties that are not caused by grossly negligent or intentional behavior on the part of EDUvation or its vicarious agents.
EDUvation shall not be liable in the event of cancellation, relocation, postponement due to force majeure, in particular in the event of catastrophes, environmental damage, war, riots, terror, crimes committed by third parties, labor disputes, energy shortages, etc.
VI Resignation
EDUvation is entitled to withdraw from the contract if an application is made to open composition or bankruptcy proceedings against the applicant’s assets, or if such an application is rejected for lack of assets. The applicant must inform EDUVATION of this immediately. EDUVATION is also entitled to withdraw from the contract if false information was provided during registration or if legal proceedings have been initiated against the contractual partner.
If EDUvation withdraws from the contract, the applicant shall nevertheless remain obliged to pay the total invoice amount.
The contractual partner may only withdraw from the contract in the event of extraordinary changes to the general conditions by the organizer. These are the cancellation (except V. 5.) of the event or significant circumstances that make it impossible for the contractual partner to participate. This explicitly does not include, for example changing the positioning of the stand.
VII. Non-participation
If the contractual partner refrains from occupying the space allocated to him and this space can be re-let by EDUvation (no occupancy by exchange), the applicant must pay 50% of the participation costs.
If a new booking is not possible, the full invoice amount must be paid.
VIII. Warranty
Complaints about any defects in the stand or exhibition space must be reported to EDUVATION in writing immediately after occupation, but no later than the last day of set-up, so that EDUVATION can rectify any existing defects. Later complaints cannot be considered and do not lead to any claims against EDUvation. Of course, we cannot guarantee the general conditions of an event – such as the number of visitors or visitor flows.
If EDUvation or the organizer is forced to vacate one or more exhibition areas temporarily or for a longer period of time or to postpone or shorten the trade fair due to force majeure or for other reasons for which we/the organizer are not responsible (e.g. failure of the power supply), the contractual partner shall not be entitled to withdraw from or terminate the contract or to assert any other claims, in particular claims for damages against EDUvation.
IX. Miscellaneous
The contractual partner can only offset against claims of EDUvation if the claims are based on § 537 or § 538 BGB. Otherwise only if the counterclaim of the contractual partner is undisputed or a legally binding title exists. The contractual partner may only assert a right of retention insofar as it is based on claims arising from this contract.
Claims of the contractual partner shall lapse within 6 months. The limitation period begins at the end of the month in which the final day of the respective event falls.
The contractual partner must manage the stand in a manner typical for trade fairs for the duration of the event. In this sense, the staffing of the stand with personnel and the provision of exhibition and advertising material are considered typical for trade fairs.
The contractual partner also submits to the General Terms and Conditions of the (main) organizer and its regulations for the event, e.g. Set-up and dismantling regulations.
For the use of consulting services and EDUvation+:
(1) Scope of application
The following General Terms and Conditions of Contract shall apply to all orders for consulting, planning, organizational and research work on a service contract basis, unless otherwise stated in the Contractor’s offer or in written agreements between the parties. A contract for work and services must also be agreed separately in writing.
(2) Object
The subject of the contract is general management consulting, which is carried out in accordance with the principles of proper professional practice using modern knowledge and experience.
(3) Scope of services
The task, the procedure and the type of work results are defined by the contractor’s offer, unless they are regulated in the written agreements of the parties involved. Amendments, additions or extensions to the task, the procedure and the type of work results require a special written agreement.
(4) Determination of the termination of the order
If the Contractor has provided the agreed services, it shall inform the Client of this in writing. The order is considered completed and is finished,
a) if the Contractor has handed over the written work results to the Client or the Client has either confirmed acceptance in writing or utilized the results, or
b) if the Client does not comply with a notification of the Contractor pursuant to point a) does not object in writing without delay, at the latest within four weeks.
(5) Obligations of the client to cooperate
The Client undertakes to support the Contractor’s activities; in particular, the Client shall create, free of charge, all conditions within its sphere of operations that are necessary for the provision of services. If the Client withholds required prerequisites from the Contractor, the Client shall pay the Contractor separately for any waiting times that are documented.
The client guarantees that reports, organizational plans, drafts, drawings, lists and calculations produced by the contractor within the scope of the order will only be used for the client’s own purposes. Insofar as copyrights have arisen in the work results of the Contractor, these shall remain with the Contractor.
(6) Special obligations of the Contractor
The Contractor is obliged to treat information about the Client’s business and trade secrets confidentially and to have its employees sign a corresponding declaration of commitment upon request. If one of the employees breaches this obligation, the Contractor shall fulfill its obligation to pay compensation to the Client by assigning its claims for recourse against the employee to the Client.
(7) Loyalty obligation
The client and contractor undertake to be mutually loyal. In particular, the hiring or other employment of employees of the contractual partner who have worked in connection with the execution of the order must be refrained from before the expiry of twelve months after the end of the cooperation. A breach of this provision shall result in a contractual penalty of EUR 10,000.
(9) Fees and costs
The fee for the consultant’s services shall be based on the rates set out in the individual agreements, unless otherwise agreed in special cases.
The fee rates and other invoiced amounts (e.g. expenses, ancillary costs, etc.) do not include VAT, which will be charged to the client additionally.
All invoices are due immediately and without deduction. In the event of default in payment, default interest of 8 percentage points above the base interest rate pursuant to the German Commercial Code shall be payable. § 247 BGB to be paid.
(10) Warranty and liability
EDUvation always provides advice to the best of its knowledge and belief. The contractor cannot accept any liability for the statements made by our freelance consultants. No tax or legal advice can be provided. The contractor must consult a tax consultant or lawyer for information on important topics. The Client may only assert claims for damages against the Contractor in the event of intent or gross negligence.
(11) Delay and force majeure
If the Contractor defaults in the fulfillment of its obligation, the Client may withdraw from the contract after the expiry of a reasonable grace period set for the Contractor if the agreed services have not been rendered by the expiry of the grace period. Damages for delay cannot be claimed, irrespective of liability for fault.
(12) Contract duration and termination
The duration of the contract is determined by the agreement of the parties to the contract. The contract may be terminated prematurely at any time by the client by giving eight weeks’ notice if operational reasons of the client so require. In this case, the Contractor’s remuneration shall be governed by Section 649 BGB.
(13) Other
In addition to his fee claim, the Contractor shall be entitled to reimbursement of his expenses. He may demand reasonable advances on remuneration and reimbursement of expenses and make the continuation of his work dependent on the satisfaction of his claims. Complaints about the Contractor’s work shall not entitle the Client to withhold payment, including the required advance payments and reimbursement of expenses. Offsetting against such claims of the consultant is excluded.
This offer is valid for thirty days. If no contract has been concluded by this time, the Contractor shall no longer be bound by the offer.
General
Place of fulfillment and jurisdiction is Bielefeld.
German law shall apply exclusively.
Should provisions or parts of provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. Rather, the parties undertake to replace the invalid provision or the provision that has become invalid with a valid provision that achieves the same economic purpose.
The same place of jurisdiction applies if the applicant has no general place of jurisdiction in Germany, moves his domicile or usual place of residence out of Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed. German law shall apply exclusively.
Version 1.2, Jan 2023