Terms of service
1. General
priME Academy AG provides its services exclusively on the basis of this General terms and conditions, unless otherwise stated in a written contract or legally mandatory.
2. Scope and execution of the order
(1) The object of the order is the agreed service and not a certain economic success. The scope of services is specified separately in a execution description in writing. The contract shall be executed in accordance with the principles of proper professional practice. PriME Academy AG can use the provided documents and information correct.
(2) priME Academy AG is entitled to perform the order by any authorized expert.
3. Cooperation obligations
(1) The client is obliged to provide all the required information and materials for the execution of the order. The client hast to hand over all required documents complete and in good time to priME Academy so that an appropriate processing time is available for priME Academy AG.
The same shall apply to the disclosure of all transactions and circumstances, which may be relevant to the execution of the order.
(2) The client has to refrain from anything that could affect the execution of the order.
(3) If the client fails to fulfill his obligation to cooperate to a sufficient extent, the client shall bear the resulting additional costs.
(4) If the client fails to cooperate or if he is in arrears with the acceptance of the service offered by priME Academy AG, priME Academy AG is entitled to determine a reasonable deadline for remedy with the declaration that declines the continuation of the contract after the expiry of the deadline. If the deadline has expired unsuccessfully, priME Academy AG may terminate the contract with immediate effect without notice.
4. Terms of payment
(1) The remuneration negotiated in the contract is decisive for the remuneration of the contract. The agreed remuneration is made up of the remuneration for the time required for the contractual execution, plus any material expenses, outlays and third party costs, insofar as these are to be remunerated separately.
(2) The prices are net price plus applicable VAT.
(3) The remuneration is payable with receipt of the invoice and within 21 days after receipt of invoice. If the client is a merchant, he will automatically be in default after the expiration of the 21 days without further reminder.
(4) The priME Academy AG can demand an appropriate advance. If the advance payment is not paid, it may, after prior notice, terminate the further activity for the client until the advance is received.
(5) If the order ends before it is fully executed, priME Academy AG’s percentage of remuneration is based on the percentage of the total order.
5. Termination
(1) The contract shall terminate by execution of the agreed services, by the expiry of the agreed term or by termination of the agreement concluded for an indefinite period.
(2) The termination shall be in writing.
(3) In the case of an agreement concluded for an indefinite period, the notice period shall be 4 weeks at the end of the month.
(4) The right to terminate for important cause remains unaffected.
6. Privacy, protection of intelectuell property, rights of use
(1) Both contracting parties are obliged to treat business secrets of the other contractual parties, which have become known or clearly identified as such within the framework of the business relations, even after the termination of the business relations.
(2) The services provided by priME Academy AG may only be used for the contractually agreed purposes. Any non-contractual use, in particular the duplication, publication, rental or other reutilization is subject to prior written approval. This also applies if the services rendered should not be subject to special legal rights, in particular copyright.
(3) The customer is only entitled to the full right to use the provided services after the complete invoice settlement and with the written consent of priME Academy AG.
(4) Until full payment of the invoice/fee, the client is only revocable permitted to use the service provided. If the client is in default with the invoice settlement/payment, priME Academy AG may revoke the use of the services for which the client is in default for the duration of the delay.
7. Storage, publication and retention of work results and documents
(1) At the request of the client, at the latest after termination of the order, priME Academy AG has to issue the documents to the client within a reasonable period of time.
(2) priME Academy AG may make and keep transcripts or copies of documents, which have to be returned to the client.
(3) priME Academy AG may refuse to surrender the results of its work and the hand-held data until it is satisfied with regard to fees and expenses. This shall not be so far as the restraint according to the circumstances, in particular because of the relative insignificance of the sums due, would be contrary to good faith.
8. Retention of title
Insofar as the execution of an order also includes the delivery of movable objects, priME Academy AG reserves the right to ownership of the delivered goods until full payment has been made.
9. Liability
(1) If and as far as possible errors are due to the fact that the client did not fulfill the obligations to cooperate according to section 3, not completely or not in time, the liability of priME Academy AG is excluded. Proof of the full and timely fulfillment of all cooperation obligations will result in the dispute between the clients.
(2) priME Academy AG is only liable in the case of intent and gross negligence for its own fault as well as for the fault of its vicarious agents. The exclusion of liability does not apply in case of injury to life, body or health and in the case of violation of essential contractual obligations.
(3) The liability of priME Academy AG for claims for damages of all kinds is limited to 100,000 €/100,000 CHF, with the exception of damages for the injury of life, body and health.
(4) A claim for damages may only be claimed within a period of one year after the claimant has been informed of the damage and the event giving rise to the claim, but no later than 5 years after the event. The claim expires if a complaint has not been lodged within a period of six months from the written rejection of the substitute service and the client has been informed of this consequence.
10. Execution time
(1) Deadlines for the execution or deadline require the written form.
(2) priME Academy AG is not responsible for short-term delays due to force majeure. They entitle priME Academy AG to postpone the execution by the duration of the hindrance plus an appropriate start-up period or to rescind the contract in full or in part because of the unfulfilled part. Such rescission does not result in a claim for compensation from the customer against priME Academy AG. In the event of a delay in execution, for whatever reason, which lasts longer than four weeks, the client shall be entitled to withdraw from the contract with regard to the part of the contract which has not yet been fulfilled after a reasonable period of grace.
11. Jurisdication
(1) For contracts with priME Academy AG, Geschwister-Scholl-Straße 10, D-72160 Horb am Neckar, the exclusive court of jurisdiction is Stuttgart / Germany.
(2) For contracts with priME Academy AG, Kirchweg 2, CH-6440 Brunnen, the exclusive jurisdiction is Brunnen / Switzerland.
12. Severability
Should individual provisions of these General Terms and Conditions be wholly or partly invalid, this shall not affect the remaining provisions. The statutory provision shall be replaced by legal regulation.