Terms and Conditions

Leaders Contact International GmbH

Terms and Conditions

Leaders Contact International GmbH

§1 Applicability

All services of LeadCon Leaders Contact International GmbH – hereinafter referred to as ‘Leaders Contact’ – shall be rendered exclusively on the basis of the following General Terms and Conditions (T&C) as amended.

Any conflicting terms and conditions of the client not expressly recognised in writing shall not be binding for Leaders Contact, even if we do not object to them individually.

§2 Object of the Agreement, Execution of Services

The scope and content of the service of Leaders Contact shall be defined in a booking form in each agreement. Unless expressly agreed otherwise, the obligation of Leaders Contact shall be restricted to rendering the contractually agreed services.

The Agreement shall come into effect when the client signs and transmits the registration form to Leaders Contact. Leaders Contact shall confirm conclusion of the Agreement by e-mail.

Leaders Contact shall be entitled to engage subcontractors to render its services. Leaders Contact shall be responsible for selecting the employees to be assigned to render the services. This shall include the right to exchange individual employees or an entire team in the course of a project, with consideration for the legitimate interests of the client.

The client may only assign his/her rights arising from the contractual relationship with the prior written consent of Leaders Contact; Section 354a of the German commercial code (HGB) remains unaffected.

§3 Amendments to the Agreement

If, after conclusion of the Agreement, the client requests amendments, in particular with regard to the scope and content of the services, Leaders Contact shall endeavour – to a reasonable extent – to take the request for amendments into consideration. Insofar as the request for amendments has a major impact on the contractual bases, especially on the expenditure and/or schedule, Leaders Contact shall be entitled to only agree to such a contractual amendment in exchange for a reasonable adjustment of the contractual provisions, in particular an increase of remuneration and an adjustment of the service deadlines. If and insofar as such an agreement is not reached, Leaders Contact shall continue its services on the basis of the concluded Agreement and these provisions.

Any supplements and amendments to the scope of the contract and content of the services in the Agreement, as set out in the booking form, must be made in writing to be effective, pursuant to article 12 below. This shall be deemed observed on a case-by-case basis if Leaders Contact confirms oral agreements noted by the client
on the booking form within a period of two weeks in writing and the client does not immediately object to these.

§4 Duties of the Client to Cooperate

The client shall be obliged to create the conditions necessary for the due execution of the Agreement and, in particular, to punctually supplycomplete versions of all data and documentation relevant to the services of Leaders Contact and provide the necessary information.

The client must guarantee that the submitted documentation, as well as all written and oral information provided, is correct and complete. Leaders Contact shall merely be obliged to subject the information provided by the client or third parties to a plausibility check.

If, as part of the sponsorship activities and company presentation, the client should wish to makeamendments to the event areas, the client shall require the written con- sent of Leaders Contact. The client shall bear the costs for any necessary restoration work. The work is to be coordinated in advance with Leaders Contact.

§5 Remuneration, Methods of Payment

The remuneration for the services of Leaders Contact shall be determined based on the provisions of the individual Agreement in question. All indicated prices do not include statutory VAT.

The client shall be obliged to render advance payment to Leaders Contact, as Leaders Contact is required to render essential services that are necessary for the event in advance.

Invoices for any additional costs arising fromadditional services ordered shall be issued within a reasonable period of time after the event.

§6 Confidentiality

The personal information necessary for execution of the services shall be stored and treated as confidential with due regard to the German federal data protection act (BDSG). Leaders Contact shall be authorised, in fulfilling the intended purpose of its activity, to collect, save, process and use the information received, either itself or through a third party, in connection with the contractual relationship.

Leaders Contact has the irrevocable and permanent right to use images and/or recordings, created during a Leaders Contact event either by Leaders Contact itself or through third parties, for the purposes of advertising and public work. Insofar as a participant wishes to be made anonymous (with a pixelated face), this is to be commu- nicated to Leaders Contact within two weeks at the latest upon receipt of notice. In this regard, sending documents to the client containing the image to be made anonymous shall count as notice.

§7 Mutual Duties of Loyalty

The parties are obliged to maintain mutual loyalty. Each party must immediately inform the other of all events which occur during the term of the Agreement and which can influence execution thereof.

Before expiry of a blocking period of 12 months after termination of the Agreement, both parties shall be forbidden to hire or otherwise employ employees or former employees who are or were active as part of the activity of Leaders Contact.

Furthermore, both parties undertake not to actively lure away the employees of the other party assigned to execute the Agreement. If the client should learn that an employee of Leaders Contact working as part of this Agreement intends to terminate his/her employment, the client must immediately inform Leaders Contact accordingly.

§8 Liability

Insofar as not governed in greater detail in the other provisions, Leaders Contact shall be liable to pay compensation for intentional or grossly negligent breaches of contractual or extra-contractual duties by its legal representatives, executives and agents. The speakers shall not count as agents of Leaders Contact. They are free to set their own content and their deeds are not attributable to Leaders Contact.

If the client is an entrepreneur, corporate body under public law or a special fund under public law, contractual claims not falling under article 8.1 shall expire within 12 months of arising.

Liability in this regard, in the case of intent or gross negligence by agents and in all cases of slight negligence, shall be restricted to the amount of typical damage foresee- able based on this type of agreement. Furthermore, total liability for every individual instance of damage shall be restricted to 30% of the total remuneration amount.

Leaders Contact shall not be liable for damage caused by force majeure, riots, war, natural disasters or other occurrences for which it is not responsible (e.g. strike, lock- out, traffic disruption, domestic and foreign official regulations), or damage based on technical disruptions not caused culpably (IT system, electricity supply). ‚Force majeure‘ shall also include computer viruses and intentional attacks on IT systems, provided that appropriate protective measures against these were implemented.

§9 Rights to Work Results

The presentations and event documentation are protected by copyright. The client may not publish, copy or distribute these without the express prior consent of Leaders Contact.

§10 Term and Termination

The term of the Agreement and the schedule for the services of Leaders Contact shall be based on each individual agreement.

If the client should withdraw from the Agreement, effective as of four weeks before the beginning of the booked event at the GmbH, Leaders Contact shall retain 85% plus VAT. If the client should withdraw within the final four weeks before the event, reimbursement shall not take place. Any discounts for the client granted for multiple bookings shall become void in the event of a termination by the client.

In the event of default in payment, Leaders Contact shall have the right to withdraw from the Agreement and invoice the client with the costs accrued up to that point.

Up to two weeks before the beginning of an event, Leaders Contact can cancel the event for economic or organisational reasons. In this case the client shall receive a voucher entitling the client to participate in any one event before the end of the next calendar year. For organisational reasons, this voucher may only be redeemed up to three months before the event chosen by the client and under the condition that the event is not already fully booked. The client shall have no additional claims.

§11 Applicable Law

The contractual relationships between Leaders Contact and the client shall be exclusively subject to the law of the Federal Republic of Germany.

If the client is an entrepreneur, corporate body under public law or a special fund under public law, the place of jurisdiction for all claims arising from this Agreement shall be the place of business of Leaders Contact in Berlin. The right of Leaders Contact to file a lawsuit against the client at the place of general jurisdiction of the client shall remain unaffected.

§12 Final Provisions

Any amendments or supplements to this Agreement, including to the written form requirement above, must be carried out in writing.