According to § 5 TMG:
Borsteler Chaussee 55
|Phone:||+49 40 32 33 54 34|
|Fax:||+49 40 32 33 54 99|
Registration in the commercial register.
Register court: Amtsgericht Hamburg
Registration number: HRB 83704
Sales tax identification number according to §27 a sales tax law:
Unless otherwise named, mentioned or shown, all images, photos, graphics and design elements shown on this website are (intellectual) property of IT Warehouse Consulting GmbH and created, produced or produced by it.
Reference to EU dispute resolution
The European Commission provides a platform for online dispute resolution (OS): http://ec.europa.eu/consumers/odr
Our e-mail address can be found above in the imprint.
Liability for content:
As a service provider we are responsible according to § 7 Abs.1 TMG for own content on these pages according to the general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored external information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under general law remain unaffected. A liability in this regard, however, is only possible from the date of knowledge of a specific infringement. Upon notification of appropriate violations, we will remove this content immediately.
Liability for links:
Our offer contains links to external websites of third parties on whose contents we have no influence. Therefore, we can not assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of an infringement. Upon notification of violations, we will remove such links immediately.
The content and works on these pages created by the site operators are subject to German copyright law. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are for private, non-commercial use only. As far as the contents on this side were not created by the operator, the copyrights of third parties are considered. In particular contents of third parties are marked as such. If you should still be aware of a copyright infringement, we ask for a note. Upon notification of violations, we will remove such content immediately.
(Source of 28.11.2016: eRecht24)
OUR TERMS AND CONDITIONS
Terms of Service
the EnableChange GmbH
All deliveries (purchase contracts) and services (works, services and training) of EnableChange GmbH are made exclusively to the following General Terms and Conditions, unless a written individual agreement has been made. The terms and conditions also apply to all future business relationships with the customer, even if they have not been expressly agreed again. Differing general or special terms and conditions of customers of IT Warehouse Consulting GmbH are only effective if they have been confirmed in writing by EnableChange GmbH. The same applies to changes and additions to these general or special terms and conditions of the customer.
2. Conclusion of the contract
The offers of EnableChange GmbH are non-binding, unless otherwise agreed in writing. A contract is only with the written order confirmation by EnableChange GmbH, but at the latest by delivery to the customer (purchase contract) or inclusion of the contractually agreed services (works, services and training services). Verbal promises, side agreements and other information in brochures, price lists, advertisements, etc., regardless of whether they are made orally or via the Internet (e-mail), must always be confirmed in writing by EnableChange GmbH.
3. Resignation from the contract
The EnableChange GmbH is entitled to rescind the contract in case of impossibility, force majeure, strike, natural disasters, etc., breach of contract by the client, in the case of false information provided by the client to the creditworthiness or objectively missing creditworthiness, in case of unforeseeable or necessary and unreasonable expenses as well as obstacles that can not be overcome. If the contract is canceled by EnableChange GmbH for reasons for which the customer is responsible, or if the customer cancels the order placed, EnableChange AG may demand reimbursement of expenses. In the case of premature termination of a work contract, § 649 BGB applies in particular.
- Prices and terms of payment, default, offsetting
Unless otherwise agreed in writing, payments are due immediately without any deduction after receipt of invoice. The prices are exclusive of the applicable statutory value added tax. The prices resulting from the order confirmation of EnableChange GmbH are from the headquarters of EnableChange GmbH, from Hamburg. If no price is specified in the offer or in the order confirmation, the list prices of EnableChange GmbH valid for the conclusion of the contract apply. Other statutory duties in the country of delivery as well as packaging, transport costs, transport insurance and handling flat rates will be charged to the customer according to the respective order confirmation of EnableChange GmbH. If the payment deadlines are exceeded, EnableChange GmbH is entitled without further reminder to default interest in the amount of 8 percent per annum above the respective base interest rate of the ECB pursuant to § 1 Discount Rate Transition Act. The EnableChange GmbH reserves the right to prove a higher damage caused by delay. The customer can only set off against undisputed or legally enforceable claims against claims of EnableChange GmbH. The customer can only exercise a right of retention against counterclaims based on the same contractual relationship. For current business relationships, each individual order or individual service agreement is considered a separate contractual relationship.
5. Limitation of Liability
The EnableChange GmbH is liable without limitation for intentional or grossly negligent caused damages as well as in the cases, in which under the Product Liability Act for personal injury or property damage to privately used things is compulsory liability. In addition, EnableChange GmbH is liable without limitation for damage resulting from injury to life, limb or health. With regard to damage caused slightly negligently by EnableChange GmbH, the following applies: In the event of a breach of essential contractual obligations jeopardizing the purpose of the contract, the liability of EnableChange GmbH is limited to such damage, which the EnableChange accepts GmbH could reasonably foresee at the conclusion of the contract. Liability for financial loss, such as loss of production and loss of profit, is limited by the general principles of good faith, for example in cases of disproportion between the amount of compensation and the amount of damage. If the liability of EnableChange GmbH is excluded or limited, this shall also apply to the personal liability of the employees, employees, employees, representatives and vicarious agents. Liability for the recovery of data is excluded, unless EnableChange GmbH has caused their destruction intentionally or through gross negligence and the customer has ensured that this data is made available from data material that is kept in machine-readable form. can be reconstructed with reasonable effort. In any case, the obligation to pay compensation for damage to property caused by EnableChange GmbH is limited to the coverage of the operating and product liability insurance of EnableChange GmbH. The EnableChange GmbH informs the customer of the corresponding coverage amount to the customer in individual cases.
In case of failure of a seminar due to illness of the lecturer – provided that EnableChange GmbH has not negligently or deliberately failed to provide a substitute speaker – as well as by EnableChange GmbH not responsible for failures or force majeure there is no claim to the execution of the seminar. In these cases, EnableChange GmbH can not be obligated to compensate for travel and accommodation costs as well as for lost time.
For events in rooms and on land of third parties, the EnableChange GmbH is not liable to the participants in case of accidents and loss or damage to their property. The same applies to event execution in the premises of IT Warehouse Consulting GmbH, unless the damage was caused intentionally or grossly negligently by EnableChange GmbH or its employees. For competing tort claims, the provisions of this Section 10 apply accordingly.
The EnableChange GmbH is entitled to have contractual obligations partially performed by third parties as vicarious agents.
7. Consulting services
The EnableChange GmbH will provide consulting services within the framework of the written periods agreed by qualified employees. Insofar as the consulting services are provided to the customer, EnableChange GmbH alone is authorized to give instructions to its employees. The selection of the employees who provide the advice remains reserved to EnableChange GmbH. Similarly, EnableChange GmbH reserves the right to substitute an employee for another employee with the necessary qualifications at any time.
7.1. obligations to cooperate
The customer supports EnableChange GmbH with the consulting services to be provided as agreed. At the same time, the customer creates all prerequisites in the sphere of his sphere of operation free of charge, which are necessary for the proper provision of the advice. In particular, the customer will …
- If necessary, provide workplaces for EnableChange GmbH employees, including the work equipment required for the fulfillment of the contract, as required and to a sufficient extent;
- appoint a contact person who is available to the employees of EnableChange GmbH during the agreed working hours for information and questions etc.This contact person is also authorized to make declarations with effect for the customer, which are necessary as part of the continuation of the order as an interim decision,
- EnableChange GmbH provides all information and documents necessary for the fulfillment of the contract. If the customer omits or delays participation in accordance therewith or on the basis of a separate agreement, EnableChange GmbH may nevertheless demand the agreed remuneration for the advice not provided as a result without being obliged to make any subsequent performance. If EnableChange GmbH decides to provide the consulting services nevertheless, this will only be done after appropriate adjustment of the schedule.
If the customer defaults on the acceptance of the consulting services or if he fails to cooperate with him, EnableChange GmbH is entitled to a termination without notice. On the other hand, this does not affect his obligation to pay the agreed remuneration. The claims for compensation for any additional expenses remain unaffected. If the consulting services can not be provided for reasons for which EnableChange GmbH is not responsible, the agreed consultation period will still be charged. A different condition applies if the customer can prove that the respective consultant has been used elsewhere by EnableChange GmbH. This only applies if the client has a agreed consulting service on time, ie canceled no later than two weeks before the agreed date in writing.
If EnableChange GmbH is in default with the conclusion of the agreed consulting services, the customer is entitled to terminate the respective order after the unsuccessful expiry of a reasonable grace period set for EnableChange GmbH. In the event of default, EnableChange GmbH does not assume any further liability, unless liability is mandatory in cases of intent or gross negligence.
7.3. Acceptance of works
The services of EnableChange GmbH must be accepted in writing by IT Warehouse Consulting GmbH within ten working days of notification of readiness for acceptance. If the customer omits the written declaration of acceptance towards EnableChange GmbH, the work performance is deemed to have been accepted in accordance with the contract. Likewise, a work performance is deemed contractually agreed if it is used productively by customers. The acceptance of the services defined in the specification of services by the client shall take place immediately after a corresponding notification by EnableChange GmbH, as a rule on the first working day after completion of the commissioning. Does the performance of EnableChange GmbH comply with the agreements according to the terms of reference, the client immediately declares acceptance in writing after successful acceptance inspection. If the client refuses the written declaration of acceptance to EnableChange GmbH, the work – including partial services – shall be deemed to have been accepted by the client as contractually agreed.
An employee of EnableChange GmbH is available for support during the acceptance test to an appropriate extent. Details of the acceptance inspection will be jointly agreed in writing within a reasonable period of time prior to acceptance. If partial acceptance is agreed, this must be carried out between the client and EnableChange GmbH after completion of the corresponding project phases. If the acceptance test is carried out together, the client keeps a log. The client will declare the acceptance in writing immediately after successful completion of the acceptance test. If the acceptance can not be made twice due to an error in a program or other services of EnableChange GmbH, the client can claim compensation for the delay of 0, 5 percent per completed week, but a maximum of 5.0 percent of the remuneration of the defaulted part of the power demand. At the same time, the AG can withdraw from the contract after the expiration of a reasonable grace period set against EnableChange GmbH with the threat of refusal. Further claims are excluded. The acceptance by the client means that the services owed by EnableChange GmbH are essentially contractual. The client will not refuse acceptance because of insignificant defects. Defects which do not prevent acceptance must be included in the acceptance report to be signed by both parties during the acceptance process and shall be eliminated immediately by EnableChange GmbH within the scope of the warranty obligation.
7.4. Rights to work results
Unless otherwise agreed in an individual case, EnableChange GmbH grants the customer a non-exclusive, non-transferable and non-limited right of use for internal use for work results created within the scope of the consultancy.
8. Training services
The following training conditions apply to all training services and other events with training content. The services provided by EnableChange GmbH are provided as part of standardized training in training centers (open training courses), online as e-learning, as customer-specific training (in-house training) in hotels, training centers or in the customer’s premises. These services are performed exclusively on the basis of these General Terms and Conditions. By registering for a training, these General Terms and Conditions of EnableChange GmbH are recognized.
All offers published on the company website address both private and commercial customers.
8.2. Conclusion of the training contract
Registration must be made in writing or online via the homepage of EnableChange GmbH. The registration becomes binding for EnableChange GmbH with the granting of a written confirmation of registration.
8.3. training prices
The training price includes open training per person plus VAT. A temporary participation does not entitle to the reduction of the seminar price. The EnableChange GmbH reserves the right to change the contents of training courses, training materials, the duration of training, the venue and the prices. In-house training courses are agreed individually with the customer and are generally subject to the provisions of these General Terms and Conditions insofar as no other provision is made in individual contracts. In addition to the valid VAT – and if agreed in advance – the travel times as well as the travel and / or flight and hotel costs of the trainers can be calculated in addition to the individual contractually agreed prices.
8.4. Payment and participation conditions
The training fees will be charged when placing the order and are due immediately. The timely settlement of the invoice before the start of training is a condition for participation in the training. If the payment is not made on time, the registered participant can be excluded from participating in the training.Claims due to this exclusion are not available to the customer.
8.5. E-learning training
The subject of the service is the purchase of electronic training documents.
8.5.1. Access to the e-learning material
After booking the course, the customer will receive the access data for the e-learning portal with the order confirmation. Access to the e-learning course is valid for six months. The data provided for access to the e-learning courses (username and password) must be kept confidential and not shared with anyone other than the unaffiliated participant.
8.5.2. Rights and use license
All rights to the e-learning courses (exploitation rights and property rights) remain with EnableChange GmbH. The EnableChange GmbH grants the user for the duration of use a non-exclusive, non-transferable and temporally limited right of use.
8.6. Cancellation of an e-learning course
Cancellation of an e-learning course after receipt of the usage data is excluded.
8.7. Cancellation, rebooking or non-attendance for open training
The written cancellation of participation in a training up to 14 days before the beginning of the training is free of charge. In case of later cancellation or rebooking of the training, 50% of the training fee will be charged. No costs are incurred if a replacement participant is registered. In case of non-attendance without cancellation the full training price is due.
If the cancellation of the condition precludes the gratuitous transfer of products / services such as literature, these will be charged to the customer subsequently.
8.8. Cancellation or rebooking by the customer during in-house training
Cancellation or rebooking of in-house training up to four weeks before the beginning of the training is free of charge. In case of later cancellation or rebooking of the training, 50% of the training fee will be charged.
8.9. Cancellation of a training by EnableChange GmbH
The EnableChange GmbH reserves the right to cancel the training for an important reason, in particular in case of illness of the trainer or on the occurrence of events that make the provision of the service for the EnableChange GmbH technically or economically unreasonable. For cancellations by EnableChange GmbH, the customer receives a credit in the amount of the already paid training fees. Further claims – in particular the reimbursement of costs from loss of work or travel expenses – do not exist to EnableChange GmbH.
All training materials and presentations are protected by copyright and are intended solely for the personal use of the trainees. All rights – including the duplication of seminar documents or parts thereof – are reserved by EnableChange GmbH. No part of the seminar materials may be reproduced in any form without the prior written consent of EnableChange GmbH or, in particular, processed, stored, reproduced, decompiled, reverse engineered, distributed or used for public reproduction using electronic systems. Any software provided during the course of the seminar may not be removed, or partially or completely copied.
8.11. Registered trademarks
The EnableChange GmbH does not guarantee that the products, methods and other names listed in the training program are free from third-party rights.
Insofar as a program, device, system or service developed or supplied by EnableChange GmbH is subject to errors and this is reported in writing by the customer, EnableChange GmbH will immediately rectify the fault free of charge (rectification). If it is not possible to remedy the fault or only with disproportionate effort, EnableChange GmbH will offer an equivalent alternative if it is economically justifiable. Should EnableChange GmbH neither be in a position to eliminate material defects nor to offer an equivalent alternative within two reasonable time limits set by the customer, the customer may demand the appropriate reduction of the remuneration (reduction) or the cancellation of the contract (cancellation). to explain.
The warranty period begins on acceptance and ends one year thereafter. Warranty rights of the customer do not apply if defects are based on services or components of third parties or the customer himself, which have not been provided or delivered by EnableChange. This includes in particular the case that the customer or an authorized third party to the contract performance of EnableChange GmbH makes a change, supplement or other kind of performance or provides.
10. Confidentiality and privacy
The contracting parties shall treat their business and trade secrets of the respective other contracting party that have become known or have been identified as such in the course of the business relationship or are clearly identifiable, even after termination of the business relationship. Each party shall not disclose to third parties or otherwise make available to third parties all information and documents of the other party which become available to it in connection with the performance of the contract. In addition, the contracting parties must also adequately safeguard the contractual services provided by them against non-contractual use. This also applies to work results. Each party must take the necessary precautions in its sphere of operation,
A processing of personal data according to the Federal Data Protection Act (BDSG) is carried out by the parties only in accordance with the relevant regulations.
The customer hereby expressly consents to the processing of the data that became known to EnableChange GmbH within the framework of the contractual relationship and necessary for the order processing. The customer agrees that EnableChange GmbH uses the data contained in the business relationship with it for business purposes in accordance with the Data Protection Act. Excluded from the confidentiality obligation is the fact that the EnableChange GmbH works for the customer. In that regard, EnableChange GmbH may point out the business relationship or specify the customer as a reference customer.
11. Industrial property rights and copyrights of third parties
The EnableChange GmbH assumes no liability for contractual objects that infringe industrial property rights or copyrights of third parties, as far as they are not provided or supplied by EnableChange GmbH itself. The customer must immediately notify EnableChange GmbH of any claims that have been made against him for the above reasons.
The customer is only then entitled to assign his claims from a contract with EnableChange GmbH if EnableChange GmbH has previously agreed to the assignment in writing. Additional agreements require the written form. Place of fulfillment is the respective venue. These terms and conditions supersede all previous ones. These terms and conditions remain valid even in case of any ineffectiveness of individual provisions in their remaining parts.
13. Jurisdiction and applicable law
If the customer of EnableChange GmbH is a registered trader, a legal entity under public law or a special fund under public law, the following provision applies with regard to the jurisdiction for all disputes arising from the corresponding contract: Place of jurisdiction is the seat of EnableChange GmbH.Applicable law is the law of the Federal Republic of Germany excluding the UN sales law.
As of January 2018