General Terms and Conditions of Business

1. Scope of application and definitions

1.1. The business relationship between CovaSyn (owner Oliver Kraft), Weinbergweg 23, 06120 Halle (hereinafter referred to as "PROVIDER") and the recipient of the services (hereinafter referred to as "CUSTOMER", hereinafter also referred to collectively as the "PARTIES"), in particular with regard to contracts for consulting services and coaching for students in the field of human, dental and veterinary medicine (hereinafter referred to as "services"), shall be governed exclusively by these General Terms and Conditions.

1.2. Contradictory, deviating or supplementary general terms and conditions of the CUSTOMER shall not become part of the contract unless the PROVIDER expressly agrees to their validity. These General Terms and Conditions shall also apply if the PROVIDER performs services without reservation in the knowledge that the CUSTOMER's terms and conditions conflict with or deviate from these General Terms and Conditions.

1.3. The contractual basis results from the individual agreement between the PROVIDER and the CUSTOMER (e.g. in the form of an offer) and these Terms and Conditions.

1.4. The General Terms and Conditions shall also apply to all future service relationships between the PROVIDER and the CUSTOMER (in connection with the subject matter of the service offered), without the need for express inclusion.

1.5. If the generic masculine is used in the following provisions, this shall apply solely for reasons of simplicity, without any evaluation being associated with this.

2. Services

2.1. The PROVIDER offers various services, in particular participation in coaching sessions, consultations and seminars, which may take place via multimedia, video, telephone and/or on site. Depending on the service package, the services are standardized and/or individualized and can be carried out individually or in groups and, in particular, also include videos, audio recordings and/or online training courses. The specific scope of services shall result from the individual agreement between PROVIDER and CLIENT.

2.2. The PARTIES agree that the PROVIDER expressly does not owe the CUSTOMER any specific quantitative and/or economic success.

2.3. The provision of services by the PROVIDER is linked to the agreed deadlines. A transfer of the entitlement to performance to a later date is excluded.

2.4. The PROVIDER shall be entitled to use the assistance of third parties, in particular subcontractors, to fulfill individual or all contractual obligations.

2.5. The PROVIDER shall have the right to determine the content of a coaching, service and/or consulting contract entered into with the PROVIDER in accordance with Section 315 BGB.

2.6. If the PROVIDER's services are offered and/or distributed by so-called resellers (e.g. Copecart, Digistore24, etc.), these terms and conditions shall take precedence.

3. Conclusion of contract

3.1. The presentation of the services on the website, in social networks, in brochures or in advertisements does not constitute a binding offer by the PROVIDER to conclude a contract.

3.2. The contract between the PROVIDER and the CUSTOMER may be concluded by telephone (in particular by video or video chat and/or telephone), in text form (in particular by e-mail) or in writing.

3.3. The PROVIDER shall confirm receipt of the CUSTOMER's order or request by sending a confirmation email. This confirmation does not constitute acceptance of the contractual offer by the PROVIDER. It merely serves to inform the CUSTOMER that the order or request has been received by the PROVIDER.

3.4. The declaration of acceptance of the contract offer is made by an express contract confirmation by email.

3.5. In the case of contracts concluded by telephone between the PROVIDER and the CUSTOMER, the CUSTOMER consents to the PROVIDER recording the telephone call and/or video conference with the CUSTOMER for evidence and documentation purposes.

3.6. The CLIENT expressly agrees not to disclose to third parties any login usernames, passwords, materials and links to which the CLIENT gains access under this contract.

4. Remuneration

4.1. The remuneration applicable at the time of conclusion of the contract shall apply to the services, unless a different remuneration has been individually agreed. All prices are inclusive of VAT.

4.2. Unless otherwise agreed, the CLIENT is obliged to make advance payment. The agreed remuneration shall be due immediately upon conclusion of the contract and payable within 10 days.

4.3. If the CUSTOMER fails to perform a necessary act of cooperation and thereby prevents the PROVIDER from providing the service, the PROVIDER's claim to remuneration shall remain unaffected in any case. In this case, however, the PROVIDER must take into account the expenses that it saves or fails to acquire.

5. Default

5.1. If the CLIENT is in arrears with payments due, the PROVIDER reserves the right not to perform further services until the payments due have been settled.

5.2. The PROVIDER is entitled to terminate the contract for good cause in accordance with Section 626 (1) BGB and to suspend all services. Good cause exists in particular if the CLIENT is in arrears with at least two installments due to the PROVIDER for an agreed installment payment. The PROVIDER is entitled to claim the entire remuneration that would be due by the next ordinary termination date as compensation. In this case, however, the PROVIDER must take into account the expenses that it saves or fails to acquire.

6. Obligations of the PARTIES to perform the agreed services

6.1. In principle, the PROVIDER shall provide all contractually agreed services only from the time of conclusion of the contract.

6.2. The CLIENT shall ensure that the PROVIDER has all the information required to achieve the best possible consulting result at all times.

6.3. The CLIENT shall ensure that the technical requirements are met in order to be able to make full use of the offer. This concerns, for example, a sufficiently powerful Internet connection, PC/notebook/smartphone, messenger services, etc. The PROVIDER is not responsible for any unavailability in this respect.

6.4. The CLIENT is obliged to arrive punctually for all agreed consultation appointments (in particular 1:1). The CLIENT must report any delays immediately. If additional costs are incurred by the PROVIDER due to a delay caused by the CLIENT (e.g. due to delays in the PROVIDER's work process, expenses such as rental costs that have become fruitless), these shall be borne by the CLIENT.

6.5. The postponement of an agreed consultation appointment in advance requires the express consent of the PROVIDER in text form, which can only be granted subject to the availability of the PROVIDER. Otherwise (in particular also in the event of cancellation by the CLIENT), the agreed consultation appointment shall be canceled without replacement.

6.6. The PROVIDER is entitled to conduct appointments digitally (e.g. via Zoom, Teams, Skype, Teamviewer or similar) at any time.

7. Terms and conditions of service and delivery

7.1. The initial term of the PROVIDER's services shall be agreed individually with the CLIENT.

7.2. The PROVIDER shall be entitled to provide services in part, insofar as this is reasonable for the CLIENT and/or corresponds to the purpose of the concluded contract.

7.3. Unless otherwise agreed, the services shall be provided using means of distance communication.

8. Contractual term

8.1. The contract is concluded for the term agreed in accordance with the individual contractual agreement (initial term). The initial term corresponds to the minimum duration of the obligations that the CUSTOMER enters into with the contract. Premature ordinary termination is excluded.

8.2. Unless explicitly agreed otherwise, the contract term shall be extended by one month in each case if it is terminated by one party one month before the end of the initial term or the respective contract extension.

8.3. The right to extraordinary termination for good cause remains unaffected.

9. Terms of payment

9.1. Payment is possible via CopeCart.

9.2. The PROVIDER shall be entitled to commission third parties to process payment to the CUSTOMER. In this respect, the CUSTOMER authorizes the PROVIDER to enter (payment) data on behalf of the CUSTOMER.

9.3. The advance information can be sent to the CUSTOMER up to one day before direct debit.

9.4. All billing modalities, in particular invoicing, shall be carried out electronically via the e-mail address provided by the CUSTOMER. The CUSTOMER hereby expressly agrees to this.

10. Liability for damages

10.1. The PROVIDER shall be liable, irrespective of the legal grounds, within the scope of the statutory provisions only in accordance with the following provisions:

10.2. The PROVIDER shall be liable without limitation for damages resulting from injury to life, limb or health caused by intent or negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents. In addition, the PROVIDER shall be liable for damages caused by intent or gross negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents as well as for damages due to non-compliance with a guarantee or warranted characteristic given by the PROVIDER or due to fraudulently concealed defects.

10.3. The PROVIDER shall be liable, limited to compensation for the foreseeable damage typical for the contract, for such damages that are based on a slightly negligent breach of essential contractual obligations by the PROVIDER or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.

11. Data protection, confidentiality

11.1. The CUSTOMER is informed that the PROVIDER collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data is treated confidentially.

11.2. The PARTIES undertake to treat as confidential any information from the other party's domain that becomes known to them in the course of performing the contract.

12. Copyright

12.1. All content provided as part of the fulfillment of the contract is protected by copyright.

12.2. The CUSTOMER shall receive a - simple - right to use the content for the duration of the contract term. Any forwarding and/or reproduction of the content is prohibited. In particular, the CUSTOMER is not entitled to make image, film or sound recordings of the course materials and/or live coaching sessions without the express permission of the PROVIDER. Any violation will be prosecuted and will lead to possible claims for damages.

12.3. The CLIENT agrees that audio and video recordings with the participation of the CLIENT, in particular of events, meetings, consultations, group calls and the like, in particular also with the participation of third parties, may be made and evaluated by the PROVIDER without restriction in terms of time, location and content - within the framework of the contractual relationship and the associated uses.

13. Right of withdrawal

13.1. In the event that the contractual agreement is an off-premises or distance contract and the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. the purchase is made for purposes that are predominantly neither commercial nor self-employed, the customer has a right of withdrawal in accordance with the following provisions.

13.2. In the case of a contract for the provision of services pursuant to Section 356 (4) BGB, the right of withdrawal shall expire if the PROVIDER has provided the service in full and has only begun to perform the service after the customer has given his express consent and at the same time confirmed his knowledge that he loses his right of withdrawal upon complete fulfillment of the contract by the PROVIDER.

13.3. The right of withdrawal expires in the case of a contract for digital content pursuant to Section 356 (5) BGB if the CUSTOMER consents to the PROVIDER commencing performance of the contract before the expiry of the withdrawal period and the CUSTOMER has confirmed that he is aware that he will lose his right of withdrawal upon commencement of performance of the contract.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us (CovaSyn (Owner Oliver Kraft), Naunhofer Straße 67, Tel.: 015161683044, 04299 Leipzig, Email: info@covasyn.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back to us).

-To CovaSyn (Owner Oliver Kraft), Naunhofer Straße 67, 04299 Leipzig, Email: info@covasyn.com

-I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

-Ordered on (*)/received on (*)

-Name of the consumer(s)

-Address of the consumer(s)

-Signature of the consumer(s) (only in the case of notification on paper) Date

(*) Delete as appropriate.

14. Naming of references

The PROVIDER may mention the CUSTOMER by name as a reference in any medium. This also includes the naming and use of any protected trademarks, designations or logos as well as the CUSTOMER's likeness. The PROVIDER is not obliged to name them.

15. General provisions

15.1. All disputes in connection with these General Terms and Conditions shall be governed exclusively by the law of the Federal Republic of Germany, irrespective of the legal grounds, to the exclusion of all provisions of conflict of laws that refer to another legal system.

15.2. The CUSTOMER can view, print or save the General Terms and Conditions at any time at the URL https://covasyn.com/terms-of-use by using the corresponding function of the browser ("Print or "Save as").

15.3. The PROVIDER concludes contracts exclusively in German.

15.4. The invalidity of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions of these General Terms and Conditions.

15.5. Complaints procedure via online dispute resolution for consumers (OS): ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Status: June 2024