General Terms and Conditions (AGB)

Note: Only the German version of these terms and conditions is valid. A machine translation is provided on the English page without guarantee of accuracy.

§ 1 | Scope of application  

(1) All orders via the webshop of ServiceLobby RT GmbH, Stöffelburgstraße 53, D-72770 Reutlingen, telephone number: 0049 151 614 355 09, e-mail: Info@academy.service-lobby.com, Managing Directors: Leon Tonat, Dr. Simon Tonat, Register Court: Stuttgart Local Court, Register number: HRB 782261, VAT identification number pursuant to Section 27a of the German Value Added Tax Act: DE348939983 (hereinafter referred to as the "Provider") are made exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as the "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 General Terms and Conditions will be sent to the customer on request and can be downloaded at any time at https://academy.service-lobby.com/agb/ can be viewed, downloaded and printed. 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 shall 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 inform the provider of this immediately in writing.

(3) Customers within the meaning of these GTC are exclusively entrepreneurs within the meaning of Sections 14, 310 (1) BGB, i.e. any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract. 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, the content of such agreements shall be governed by a written contract or written confirmation by the Provider.

§ 2 | Subject matter of the contract

(1) The Provider offers a variety of different training and further education courses (hereinafter referred to as "courses") for the effective and sustainable improvement of companies' services. At the end, the customer receives a certificate confirming successful participation in a course.  

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

(3) The courses are only offered in German.

§ 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 short 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, they will be redirected to a website to enter their order details by clicking on the "Buy course" button. The ordering process now comprises two steps.
The customer enters his order data. The details marked with an asterisk "*" are mandatory in order to place an order with the provider. All other details are 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 customer must provide the data completely and truthfully.
By clicking on the "Go to order overview" button, an overview of the data entered is created, in which all essential features of the order, in particular the individual prices of the selected courses, the total amount of the order and the customer data provided are summarized once again. The customer can make changes to their order at any time before submitting the order by navigating upwards on the page or 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 "Order with obligation to pay" button and activating the check boxes at the end of the order.
By clicking the corresponding checkboxes marked with an *, the customer confirms before placing the order that he is placing the order as a company or on behalf of a company and that he has taken note of the provider's GTC and privacy policy and accepts them in the version current at the time of conclusion of the contract.
Ordering a newsletter and agreeing to receive new course offers, on the other hand, is optional.

(2) By clicking on the "Order with obligation to pay" button, the customer submits a binding offer to conclude a contract. Payment is only possible by invoice, which the supplier sends to the customer by e-mail. Other payment methods are expressly excluded.

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

§ 4 | Storage and language of the contract text

The supplier saves the order and the order data entered by 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 he has placed at any time via the customer account. The contract text 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. Transmission of the courses in any other way is excluded.

(2) As part of the order, the customer assigns a password and a user name for a free customer account. The customer account is created when the order is sent and the customer is automatically logged into it when the order is placed. In addition, the customer receives a separate e-mail informing them that the customer account has been created, with a link to the provider's website. The e-mail is not an order confirmation.

(3) By clicking on the link, the customer is redirected to the provider's website. By entering his e-mail address or user name and the password provided, he can log into the account with the data provided. 

(4) After payment of the invoice, the paid courses are activated via the account so that the customer can access the courses. They can also view their orders and data, adjust them, order new courses and access their certificates once they have successfully completed a course.

(5) The customer is obliged 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. If the password is lost or if it is suspected 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) If the customer's personal details change, the customer is responsible for updating them. All changes can be made on the provider's website after logging in under "My account".

(7) The customer has the option of deleting 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 as a result. It is then no longer possible for the Provider to restore access and data.

§ 6 | Use of the courses and copyrights

(1) All contractual content is subject to copyright. Access is 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 geographically unlimited 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 to the use of the limited by one natural person from the customer's company in each case. The above right of use does not include the transfer of the course materials to third parties, reproduction for transfer to third parties or lending or other use outside these terms of use without the prior consent of the provider.

(3) When ordering the courses, the customer is automatically granted the above rights of use for the first three learning units. However, the granting of the above rights of use for all further units is subject to full payment of the agreed remuneration. The Provider shall grant full access to the courses after payment of the fee shown 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 and to immediately block access to the ordered courses if the above-mentioned rights of use are violated.

§ 7 | Prices, due date, default, right of retention

(1) Costs and prices result from the respective course offer of the provider. All prices quoted are net prices in euros and do not include the applicable value added tax.

(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 invoices. 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 provided until the invoice has been settled.

(3) If the customer is in default, he 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 flat-rate reminder fee of EUR 40. We reserve the right to claim further damages.

(4) The customer shall only be entitled to offset if his counterclaims have been legally established and are undisputed or recognized by the provider or are in a synallagmatic relationship to the provider's claim. The Customer shall only be authorized to exercise a right of retention to the extent that 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 his customer account and access to the courses he has ordered. Upon successful completion of a course, the Provider shall provide a correspondingly awarded certificate.

(2) The Provider is not responsible for technical disruptions to 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 accessing 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 whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance 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 in these GTC, the Provider's liability for damages is excluded.

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

(5) The exclusions and limitations of liability under § 7 (1) and (2) do not apply to any existing claims for culpable injury to life, limb or health. They also do not apply if the provider has assumed a guarantee for the quality of the service or a performance success or a procurement risk and the guarantee case 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, workers, staff, 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 provide a customer-friendly, efficient and secure Internet offering.

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

(3) By concluding the contract, the customer agrees that he has read and accepted the provider's privacy policy.

§ 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 is 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. Reutlingen shall be the exclusive place of jurisdiction for legal action against the Provider. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.

(4) The contract language is German.

Status: October 31, 2022

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