GENERAL TERMS AND CONDITIONS OF TEAM KARIN BURGER GMBH FOR SERVICES ON BEHALF OF THE ORGANIZER

2.1. team karin burger offers in particular the conception, planning and realization of online and offline events and also provides speakers/moderators/artists/directors/technicians.

2.2. Within the agreed scope, team karin burger will either work independently or act as an intermediary for the services of third parties (intermediary activity), whereby team karin burger will generally also take over the management of the intermediary and negotiate the conditions between you and the intermediary in this context.

2.3. The specific scope of services shall be determined by the following provisions and the individual agreements between us and the business partner. In all other respects, we have a right to determine the content of a service contract entered into with the business partner in accordance with Section 315 BGB.

2.4. Unless expressly agreed otherwise in writing or in text form, team karin burger is entitled to have the services owed performed by subcontractors selected by it.

2.5. Unless expressly agreed otherwise in writing or in text form, team karin burger is not obliged to use specific speakers/moderators/artists/directors/technicians, but only to use suitable persons. This also applies if the business partner has already been informed of the use of a specific person as long as it has not been expressly agreed in writing or in text form that only this person may be used for the activity.

2.6. Unless expressly agreed in writing or in text form, we do not owe any specific quantitative and/or economic success. Our services are a service.

2.7. The contractually agreed services are generally only owed from the conclusion of the contract or the individually agreed start of the contract term.

3.1. In addition to the above provisions, the following shall apply to the placement of persons with the business partner:

3.2. If team karin burger procures services from third parties (e.g. speakers/moderators/artists; hereinafter referred to as “procured person”) for the business partner, they shall act independently vis-à-vis the business partner.

3.3. The order for the services to be provided for the business partner by the intermediary shall be concluded exclusively between the business partner and the intermediary itself and the provisions agreed between the business partner and the intermediary shall apply exclusively in this relationship. In particular, the intermediary is not a vicarious agent of team karin burger.

3.4. If team karin burger takes over the management of the person referred, we will inform the business partner of this and negotiate the contracts between you and the person referred on behalf of the person referred.

3.5. In cases in which we have a power of attorney to collect payments for referred persons, we will also inform you of this and we will then process your payment for the referred person.

3.6. We do not owe the business partner any brokerage success. The business partner is free to decide whether to commission an intermediary.

3.7. It is the responsibility of the business partner to check the actual suitability of the person placed.

4.1. The business partner is obliged to support us in the fulfillment of our performance obligations in an appropriate manner and in compliance with all relevant legal provisions. This includes in particular, but is not limited to, the timely provision of all information, data material, advertising material, technical aids etc. (hereinafter referred to as “Supplies”) to be provided by the business partner in accordance with the agreement or due to the nature of the matter, which are required for the provision of the service and/or are a necessary component of the agreed services. The business partner shall comply with the obligation to cooperate in a timely manner and without being requested to do so. Any costs for the acts of cooperation shall be borne by the business partner.

4.2. In the case of an online event, the business partner shall provide team karin burger with all records, documents and recordings (photos, films, clips, etc.) as well as all data to be included in the production by the business partner in connection with the live stream at the agreed time, but no later than two working days before the dress rehearsal.

4.3. The business partner assures and ensures that it is the owner of the necessary rights of use, ownership and possession of all materials provided and that any rights of use required for the execution of the order can be granted to us without infringing the rights of third parties. The business partner shall indemnify team karin burger against all claims in the event of alleged or proven infringements of third-party rights. This also includes legal costs.

4.4 The business partner shall be obliged to comply with all legal requirements (in particular, but not limited to, assembly, noise, fire and data protection regulations) for the preparation and execution of the event, to obtain any necessary permits and to inform us of the permit conditions in good time.

4.5. The business partner must provide us with one or more contact persons and thereby ensure constant and prompt communication for the planning, preparation, organization and execution of the event. We must be informed immediately of any changes to the contact person.

4.6. All taxes, duties, GEMA fees and other fees and expenses (KSK, VG Wort, image rights, etc.) incurred for the execution of your order shall be borne by you. team karin burger undertakes to make the corresponding registrations and payments to and from the collecting societies and will pass on the costs incurred to you.

4.7. The business partner shall take out the necessary insurance for the event and provide us with confirmation of this upon request.

4.8. The business partner must check the concept or planning of the event immediately after it has been submitted by us and notify us of any complaints/defects immediately in writing or in text form. Defects that are not obvious must be reported in writing or in text form immediately after their discovery.

5.1. With regard to the technical characteristics of the Internet, team karin burger does not guarantee a 100% stable Internet connection, connection stability with external providers, platforms, apps and tools (e.g. HopIn, expo-IP, Zoom, Vimeo, wonder.me, Mentimeter, MS TEAMS, etc.) and the resulting stream availability.team karin burger would like to point out that external factors can have a significant impact on internet availability (these include high capacity utilization – including in the company network, construction work by third parties or extreme weather conditions). For optimal execution of the order, the business partner is therefore recommended an Internet speed of at least 25 Mbit upload (better: 40 Mbit).

5.2. team karin burger would like to point out that in the case of hybrid events, failover via the LTE mobile network is generally recommended; additional security can be provided by an additional DSL line (ideally via another network provider) or an uplink via satellite. Ideally, the business partner should use an independent DSL connection that prevents other participants from accessing the Internet.

5.3. team karin burger advises against using an upstream firewall, load balancing or a proxy server. The connection to the streaming technology should always be made via cable and not via WLAN. We accept no responsibility for the quality of the internet connection of speakers or participants when they are connected or for the hardware used by speakers.

6.1. Information on our products, services, delivery times and prices on the Internet, in advertisements, brochures and other public means of communication are subject to change and only serve as an invitation to the business partner to submit an offer. Anything to the contrary shall only apply if a binding offer is expressly made.

6.2. Unless otherwise stated, our offers must be accepted within 10 days of receipt of the offer by the business partner, but no later than 14 days from the date of the offer. Acceptances received by us after expiry of the acceptance period may be accepted by us as a new order.

6.3. The business partner shall be bound to his order for 14 days from receipt of his order by us, but for no longer than 20 days from dispatch of his order to us.

6.4. We are entitled to accept the contractual offer contained in the business partner’s order within the aforementioned acceptance periods. If the business partner does not immediately reject a confirmation or performance of the service after expiry of the aforementioned period, the contract shall nevertheless be deemed to have been concluded.

7.1. Unless expressly stated otherwise, the prices quoted by us are exclusive of statutory VAT (net price).

7.2. Unless expressly agreed otherwise, the business partner is obliged to pay in advance.

7.3. If payment by installments or time-based remuneration is agreed, the first installment/time-based remuneration shall be due immediately upon conclusion of the contract, unless otherwise agreed; further installments or time-based remuneration shall then be due in advance on the first working day of the next period (in the case of monthly remuneration, for example, on the first working day of each month).

7.4. Unless otherwise agreed, the business partner shall bear the travel and accommodation costs of persons whose presence on site is necessary for the planning, preparation, organization and/or execution of the event to the extent customary (locally).

8.1. We accept the payment methods stated in the offer / order confirmation. If not specified there, we accept bank transfers to our business account.

8.2. Agreed A-conto and advance payments must be observed, otherwise the service will be provided on account.

8.3. Unless otherwise specified in the offer / order confirmation, payment for services on account must be made within 10 days of the invoice date. We do not grant any discounts or other rebates without express agreement.

8.4 If the business partner is at least 7 days in arrears with an installment following an agreement on partial payments, if he suspends his payments or if insolvency proceedings are instituted against his assets, the entire remaining debt shall become due for payment immediately.

8.5. We are entitled to check the creditworthiness of business partners using generally accepted means; please refer to our privacy policy for further details. If we become aware of facts that cast doubt on the creditworthiness of the business partner between conclusion of the contract and fulfillment of the service, we are entitled to make the service dependent on advance payment or a corresponding security deposit. If the business partner does not comply with this request, we are entitled to withdraw from the contract and demand compensation.

8.6. Payments shall, at our discretion, first be offset against older debts. If legal costs – in particular reminder costs – have already been incurred, we shall be entitled to offset payments by the business partner first against these costs, then against the interest and finally against the principal performance.

9.1. Deadlines for the provision of services by us shall not commence before all due obligations of the business partner to cooperate have been fully performed and, in the case of an agreed advance payment, not before the remuneration due has been paid in full by the business partner.

9.2. If the business partner is in arrears with payments due, we reserve the right not to perform further services until the payments due have been settled.

9.3. If performance is delayed or if a delay in performance is to be feared, we shall inform the business partner of this immediately, stating the reason and the expected duration of the delay. In this case, we shall coordinate with the business partner accordingly and both parties shall work towards making the event possible on another date.

9.4. If the cooperation of the business partner is necessary for team karin burger to provide the service, the aforementioned duty to inform also applies accordingly to the business partner.

9.5. If the business partner is in default with the acceptance of our services, he shall remain obliged to pay the full remuneration. However, we shall be obliged to offset any expenses saved. This shall not affect the cancellation provision in Section 11 of these GTC.

10.1. Unless otherwise agreed, the contract term begins with the conclusion of the contract.

10.2. If a fixed contract term has been agreed, premature ordinary termination is excluded during this term. The right to extraordinary termination for good cause remains unaffected. This does not affect the cancellation provision in Section 11 of these GTC.

10.3. If the contract was concluded for an indefinite period, the agreed notice periods shall apply and, in the absence of an express agreement, the statutory notice periods shall apply. The right to extraordinary termination for good cause remains unaffected. This does not affect the cancellation provision in Section 11 of these GTC.

10.4. We are entitled to terminate the contract for good cause in accordance with Section 626 (1) BGB and to suspend all services. Good cause shall be deemed to exist in particular if the business partner is in arrears with at least two installments due to us for an agreed installment payment. In the event of termination by us for good cause, we shall be entitled to claim the entire remuneration that would be due by the next ordinary termination date as compensation. In this case, however, we must allow ourselves to be credited with the expenses that we save or fail to acquire.

11.1. The order placed is generally binding for the business partner. However, the business partner has the option of canceling the order – insofar as it relates to services for an event of the business partner – under the following terms and conditions:

11.2. Without proof of damage, we are entitled to charge you a cancellation fee in the following amount:

11.2.1. Up to 8 weeks before the event: i. 50% of the agreed remuneration.

11.2.2. Less than 8 weeks before the event: i. 75% of the agreed remuneration.

11.2.3. Less than 4 weeks before the event: i. 100% of the agreed remuneration.

11.3. The cancellation fee is payable in each case without deduction within 10 days of the invoice date.

11.4. The business partner shall in any case be entitled to prove that no damage or significantly less damage has been incurred.

11.5. team karin burger reserves the right to prove and claim higher damages.

12.1. The business partner’s claims for damages or compensation for futile expenses shall be governed by the following provisions. Statutory limitations of liability that go beyond these provisions shall remain unaffected. The statutory provisions shall apply to our claims against the business partner.

12.2. We have unlimited liability:

12.2.1. For damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by us or one of our legal representatives or vicarious agents.

12.2.2. In the absence of the guaranteed quality or warranted characteristic, in the case of fraudulently concealed defects and for intent and gross negligence by us and our legal representatives and vicarious agents.

12.3. In all other cases the following applies:

12.3.1. We shall only be liable for slight negligence if an obligation is breached, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely (cardinal obligation). In the event of a slightly negligent breach of a cardinal obligation, our liability shall be limited to damages foreseeable at the time of conclusion of the contract and typical for the contract.

12.3.2. In the event of loss of data, we shall only be liable for the expenditure that would have been necessary to restore the data if the business partner had backed up the data properly and regularly in accordance with the risks involved. This limitation shall not apply if and insofar as the regular data backup is part of the services to be provided by us.

12.4. Liability under the Product Liability Act remains unaffected.

13.1. The business partner agrees that team karin burger may use the order as a reference (including the name and logo of the business partner), unless otherwise agreed. This consent can be revoked with effect for the future with a notice period of four weeks to the end of the month.

14.1. team karin burger reserves the exclusive right to all drafts, concepts and other services until payment has been made in accordance with the contract.

14.2. Intellectual property rights, in particular industrial property rights and copyrights, know-how and rights of use of the speakers/artists to their concepts, any content and other services as well as to related recordings and recordings in the context of the respective event remain exclusively with the speaker/artist, unless and insofar as expressly agreed otherwise in writing or in text form. You do not acquire any claims and/or entitlements to these aforementioned rights.

14.3. Unless otherwise expressly agreed in writing or in text form, team karin burger grants the business partner a simple, non-transferable and non-sublicensable right to use the services it provides. The right of use exists in terms of time, subject matter and space only to the extent necessary for the execution of the event. Independent processing of the works by the business partner is prohibited.

14.4. Any repetition or further use of our services by the business partner or its affiliated companies shall require prior written consent and shall be subject to remuneration.

14.5. Irrespective of the scope of the right of use granted to the business partner, team karin burger remains entitled to use its designs, concepts, plans etc. for advertising purposes.

15.1. For information on data protection, please refer to our privacy policy.

15.2. Both contracting parties mutually undertake to maintain confidentiality and to use all information, data and acquired knowledge of business and/or trade secrets of the other contracting party exchanged before and during the term of the contract exclusively in accordance with the contract. This confidentiality obligation shall not apply to information that is demonstrably generally known or becomes generally known without this being the responsibility of the contracting party concerned, or that was already known to the contracting party concerned before it was made accessible to it by the other contracting party. Furthermore, the confidentiality obligation shall not apply if the disclosing party is legally or officially obliged to disclose, provided that such an obligation is notified to the other party in writing or in text form prior to disclosure, if and to the extent that such notification is permissible. This provision shall also continue to apply for the period after termination of the individual order.

16.1. The law of the Federal Republic of Germany shall apply to all contractual relationships between us and the business partner to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) and to the exclusion of German international private law.

16.2. If the business partner is a merchant, our registered office is agreed as the exclusive place of jurisdiction for all disputes arising directly or indirectly from the business relationship.

16.3. The assignment of claims of the business partner arising from the contract concluded with us is excluded unless it is made with our express consent. § Section 354a HGB remains unaffected by this.

16.4. The business partner has no right of set-off unless the claim is based on the same contractual relationship or is legally established, undisputed or ready for decision.

16.5. The business partner may only exercise a right of retention if the counterclaim is based on the same contractual relationship or is legally established, undisputed or ready for decision.

16.6. Should individual clauses of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remainder of the contract.