General Terms and Conditions (GTC)
§1 Scope
(1) The following General Terms and Conditions (GTC) apply exclusively to all services that you
(hereinafter: „Customer“) obtain or use from us, including mailings, services, consulting/coaching
contracts.
(2) The exclusive validity of these GTC is agreed upon by using our offers and services. Any use of our
offers without prior acceptance of these GTC is not permitted.
(3) Before using our services, you confirm that you are an artist entrepreneur within the meaning of §14
German Civil Code (BGB) and that you use our services solely for the promotion of your commercial or
professional activities or enter into contracts with us for this purpose.
(4) All agreements between you and us in connection with a contract are based on these GTC and
individual agreements with you.
(5) Only our GTC apply. Any deviating conditions of the Customer are not accepted, even if we do not
expressly object to their inclusion.
§2 Subject of the Contract
(1) Our range of services includes in particular participation in coaching sessions, seminars, and
consulting services in various forms, including multimedia, video-based, telephone, and on-site. The
specific description of services can be found in our offers.
(2) Unless expressly agreed otherwise in writing, we provide services in the field of business consulting,
marketing, and personal development, without owing the provision of a specific outcome. Forecasts
regarding the success of certain advertising measures are based on experience, and success in this
regard is not guaranteed by us. Only a success-dependent remuneration is possible, but there is no
fundamental entitlement to achieving a specific success.
(3) Within the framework of a contract concluded with us, we have the right to determine the nature and
scope of the services in accordance with §315 German Civil Code (BGB).
(4) The Customer is obliged to cooperate within the framework of the contractual relationship and to
perform necessary actions promptly at our request.
§3 Conclusion of the Contract
(1) The presentation and promotion of our services on our websites, brochures, or advertisements (e.g.,
on Facebook) do not constitute a binding offer to conclude a contract.
(2) The conclusion of the contract can be made by remote communication (video chat, telephone, etc.) or
in writing. If the contract is concluded by remote communication, there is usually no entitlement to a
written summary of the contract content by us.
(3) Verbal contracts are concluded by mutually concurring declarations of intent. The Customer agrees
that we may record the telephone call and/or video chat for evidentiary and documentation purposes.
(4) We will immediately confirm the receipt of your orders and requests via our websites/video chat by
email. Such an email does not yet represent a binding acceptance of the order unless it contains both the
confirmation of receipt and the acceptance of the offer. A binding acceptance occurs, for example, when
you gain immediate access to your order (e.g., through access to the password-protected participant
platform).
(5) If the performance of the ordered services is not possible for technical reasons, we waive an
acceptance declaration. In this case, no contract is concluded, and any consideration already received
will be promptly refunded.
§4 Prices and Performance
(1) All prices stated by us are generally net prices. For customers from outside the EU, it is important to
clarify that the national tax laws of the customer’s country, in which the customer resides, apply.
(2) The performance will take place at the time specified in the main contract with you.
(3) Unless otherwise agreed, the Customer is obliged to make a prepayment, and the agreed
remuneration becomes due immediately upon conclusion of the contract.
(4) Any deadlines for the performance of our services mentioned by us are non-binding and depend on
your sufficient cooperation.
§5 Termination, Term
(1) The contract is binding for the duration agreed upon in the respective main contract.
(2) Premature terminations by the Customer during the contract period are excluded.
(3) In the event of a premature termination by the Customer for important reasons, we retain our
entitlement to remuneration. However, the Customer may prove that no or a lesser damage has been
caused to us.
§6 Default
(1) The provision of our services will not begin until the invoice amount has been received in full by us,
and all necessary data for the services are available or the necessary cooperation actions have been
completed.
(2) If the Customer is in default with due payments, we reserve the right to suspend further services until
the outstanding amount is settled.
(3) In the case of installment payment and default in payment, we may terminate the contract with
extraordinary notice and suspend the services. We reserve the right to claim the entire remuneration as
compensation until the next ordinary termination date, taking into account saved expenses.
§7 Fulfillment:
(1) We commit to carrying out the agreed services in accordance with the offer and may, if necessary,
involve third parties or service providers.
(2) Unless otherwise agreed, we provide services and not works.
(3) If obstacles prevent us from providing the agreed services that originate from the Customer’s sphere,
our entitlement to remuneration remains unaffected.
§8 Conduct and Consideration:
(1) The Customer undertakes to act fairly and respectfully towards us. Unlawful, improper, or baseless
statements about our company and services, in particular false factual claims and defamatory criticism,
may be pursued in civil court and reported to the authorities for criminal prosecution.
(2) The Customer is required to promote the smooth progress of our programs and services and to
behave appropriately towards us and other participants. Disruptive behavior may result in a request to
terminate the participation, and in case of repetition, we reserve the right to temporarily or permanently
exclude the Customer without affecting our entitlement to remuneration.
(3) All contents of the cooperation between us and the Customer are confidential and must not be
disclosed to third parties, except to authorities, governmental agencies, courts, and organs of the
judiciary. Violations may result in an appropriate contractual penalty, but not exceeding 15,000.00 euros.
§9 Usage Rights:
(1) We hold exclusive copyright exploitation rights to all content published by us, such as images, videos,
texts, webinars, and databases (e.g., on Facebook or password-protected platforms). Any use of this
content without our consent is not permitted.
(2) The Customer is granted a simple usage right for the duration of the contract for the content stored in
the password-protected member area, solely for the performance of the individually agreed contract.
(3) Access, logins, and contents of our member platforms must not be disclosed to unauthorized third
parties without our authorization. Violations may lead to contractual penalties, the amount of which will be
determined by us appropriately, up to a maximum of 15,000.00 euros. Access by company
employees/staff of the Customer is generally permissible but requires our explicit approval and
confirmation.
(4) By using our member platforms, the Customer agrees to the evaluation of their individual user
behavior and the collection of associated data (including IP and MAC addresses) during the term of the
contract.
§10 Payment Conditions, Invoice:
(1) The remuneration for our services is generally due in full at the conclusion of the contract unless
individual installment payments have been agreed upon.
(2) Payment can be made to one of our specified accounts via bank transfer.
(3) Upon request (via email), entrepreneurs and merchants will receive an invoice for the booked
services.
§11 Liability:
(1) Our liability towards you is based on the statutory provisions for intent and gross negligence, including
extra-contractually. This includes compensation for damages or reimbursement of futile expenses.
(2) In all other cases, we are liable only for violations of essential contractual obligations, on which the
Customer may regularly rely, limited to the reimbursement of foreseeable and typical damages. In all
other cases, our liability is excluded, except for damages resulting from injury to life, body, or health, or
where liability is prescribed by law.
(3) The Customer is obligated to provide us only with such image/video/audio material that is free from
third-party rights. The Customer fully indemnifies us from claims of third parties arising from the
infringement of intellectual property.
§12 Right of Withdrawal:
(1) We exclusively enter into contracts with entrepreneurs as defined in § 14 of the German Civil Code
(BGB). There is no right of withdrawal for contracts concluded with entrepreneurs via remote
communication.
§13 Data Protection, Consent to Data Processing, and Contact:
(1) The protection of personal data is of utmost importance to us. Information on the collection, storage,
and processing of personal data as well as the rights of data subjects can be found in our privacy policy.
By using our services, you confirm that you have read and agree to our privacy policy.
(2) You agree, revocably, to be contacted by us via remote communication means (e.g., email, SMS,
phone, messenger services). If you wish to object to contact, please send us an email to:
management@abartangelsacademy.com . In your objection email, please provide all contact details
through which you no longer wish to be contacted. Incomplete information will not be to our detriment.
The actual receipt of your email by us is decisive.
(3) You agree, revocably, that all personal data provided by you to us (e.g., application form: name,
address, phone number, email address, personal interests, financial situation, hobbies, character
questions) will be stored and processed. Furthermore, you consent, revocably, to the use of cookies
within our services, the evaluation and storage of your user behavior, and the transmission of your
personal data and user profiles to third parties in non-EU/EEA countries for marketing and advertising
purposes.
§14 Applicable Law, Jurisdiction:
(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts
for the International Sale of Goods.
(2) For all disputes arising from the contractual relationship between us and the customer, the courts in
Berlin shall have exclusive jurisdiction. However, we reserve the right to assert our claims against the
customer at the customer’s general place of jurisdiction.
(3) The contractual language is English