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Terms & Conditions

1. The validity, conclusion of the contract

  1. Marc Radziwill (from now on “Marc Radziwill”) performs his services exclusively on the Basis of the following general terms and conditions. These also apply to all future business relationships, even if it is not explicitly referred to.
  2. The following general terms and conditions apply to all companies and/or persons or other institutions, who take part in a workshop organized by Marc Radziwill. Please make sure you read and understood the following.
  3. Deviations from these and other supplementary agreements with the customer are only valid if they are confirmed from Marc Radziwill in writing.
  4. Any terms and conditions of the customer will not be accepted unless expressly and in writing in individual cases other is agreed. There is no need to object to Marc Radziwill’s general terms and conditions.
  5. Should individual provisions of these general terms and conditions be ineffective, this affects the liability the other provisions and the contracts concluded based on them. The ineffective provision must be replaced by an effective one that comes as close as possible to the meaning and purpose.
  6. The offers and proposals from Marc Radziwill are subject to change and non-binding.
  7. If Marc Radziwill receives an order from a company or agency, the company/agency can negotiate a flat fee. The fee is negotiated with Marc Radziwill before the order is passed on and is between 1% - 15% of the net order volume. The entitlement to the fe expires after the start of the project. The mediating company or agency is responsible for negotiating the fee. Marc Radziwill has no obligation to notify you. Payment of a fee after completion of the order is also excluded.

2. Scope of services, order processing and cooperation obligations of the customer

  1. The scope of the services to be provided results from the service description in the contract concluded or possible order confirmation by Marc Radziwill, as well as any existing protocols. Subsequent changes the content of the service requires written confirmation by Marc Radziwill. Within the framework specified by the customer, Marc Radziwill has the freedom to fulfil the order.

  2. All services by Marc Radziwill (in particular source code, analyzes, reports, preliminary designs, concepts, sketches, copies, colour prints and electronic files) are to be checked by the customer and released within three working days of receipt by the customer. If approval is not given in time, they are considered to be approved by the customer.

  3. The customer will give Marc Radziwill entirely and timely access to all information and documents, which are necessary for the execution of the service. He will inform you of any circumstances that are of importance for the execution of the order. The customer bears the effort that arises from the fact that work as a result of his incorrect, incomplete or subsequently changed information by Marc Radziwill must be repeated or delayed.

  4. The customer is further obliged to provide the documents (texts, concepts, photos, logos, etc.) made available for the execution of the order to check for any copyrights, trademark rights or other rights of third parties. Marc Radziwill is not liable for any violation of such rights. If Marc Radziwill is used for such an infringement, the customer keeps Marc Radziwill harmless and complaining; he has to compensate him for all disadvantages that arise through the use of thir parties.

3. External services / commissioning third parties

  1. Marc Radziwill is entitled, at his discretion, to perform the service himself, in the provision of contractual services to use qualified third parties as vicarious agents and / or to substitute such services (“external service”).

  2. The commissioning of third parties as part of an external service is carried out either in your own name or in the name of the customer, in any case, however, for the account of the customer. Marc Radziwill will carefully select this third party and make sure that it has the require professional qualifications.

  3. As far as Marc Radziwill orders necessary or agreed external services, the respective contractors are not vicarious agents of Marc Radziwill.

4. Events / Deadlines

  1. Unless expressly agreed as binding, delivery or service deadlines are only approximate and non-binding. Binding appointments must be made in writing or confirmed in writing by Marc Radziwill.

  2. The fee for participation in the workshop is indicated from time to time on the registration form for the respective workshop. The prices are exclusive of VAT unless expressly stated otherwise. All payments for the registration fee must be made in full at the time of filling in the registration form and any case before the date of th workshop. If payment is not received within seven days of your registration, your registration will be cancelled, and the payment of a refund is a our sole discretion. Payment is made via our merchant account provider (and you agree that we will pass on your required data to the merchant account provider and the will process the necessary information about you) or directly to our bank account, as you have been informed. We reserve the right to conduct pric promotions at our own discretion. Marc Radziwill uses the service provider https://ti.to/home . The customer can change his purchased ticket to another person by clicking the link in your confirmation email. Otherwise contact hallo@marcradziwill.com directly.

  3. If Marc Radziwill is in default, the customer can only withdraw from the contract after he has given Marc Radziwill one in writing Has set a grace period of at least 14 days and this has expired fruitlessly. Claims for damages by the customer due to non-performance or delay is excluded, except in cases of intent or gross negligence.

5. Early Dissolution / Cancellation

  1. Marc Radziwill is entitled to terminate the contract with immediate effect for important reasons. An important reason is in particular if

    • The performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite setting a grace period of 14 days;
    • The customer does not pay an advance payment, interim settlement, or advance payment due by Marc Radziwill (see fee) despite a grace period of 14 days;
    • Insolvency proceedings or an application to open such proceedings are rejected for the customer’s assets due to a lack of cost-covering assets, or if the customer ceases to make payments.

  2. The customer is entitled to terminate the contract for an important reason. The cancellation must be communicated in writing.

    1. Cancellation of consulting services and development services (including all services by Marc Radziwill) is calculated the fee corresponding to the effort already incurred at the time of cancellation. However, the fee is at least 50% of the total amount.
    2. Travel and/or accommodation costs that are incurred in whole or in part in the event of cancellation will be charged in addition to the fee.

6. Fee

  1. Unless otherwise agreed, Marc Radziwill’s fee claim arises for each individual service as soon as it has been rendered. Marc Radziwill is entitled to request advances to cover his expenses. For expenses, Marc Radziwill is entitled to make interim or advance calculations create or retrieve payments on account.
  2. The fee is understood as a net fee plus VAT at the statutory rate. In the absence of an agreement in individual cases, Marc Radziwill has the rights for the services rendered and the transfer of copyright an trademark rights Entitlement to fees in the usual market amount.
  3. All services by Marc Radziwill that are not expressly covered by the agreed fee will be paid separately. All Marc Radziwill adult cash expenses are to be replaced by the customer.
  4. Offers from Marc Radziwill are non-binding.
  5. If it is foreseeable that the actual costs will be those of Marc Radziwill in writing Marc Radziwill will notify the customer of the higher costs. The cost exceeding is considered approved by the customer if the customer does not object in writing within three working days after this notic while announcing cheaper alternatives. If the cost is exceeded by up to 15%, this is a separate one Notification required. From the outset, the client considers this exceeding the cost estimate to be approved.
  6. Marc Radziwill is entitled to the agreed remuneration for all works by Marc Radziwill that, for whatever reason, are not carried out by the customer. The crediting provision of §§ 615 5.2, 642 II BGB is excluded. Acquires with payment of the fee the customer does not have any rights of use for work already performed; not source code, consulting analyzes, drafts and other documents instead, Marc Radziwill must be put back immediately.

7. Payment, retention of title

  1. The fee is due immediately upon receipt of the invoice and without deduction unless special payment terms are agreed in writing in individual cases. This also applies to the further charging of all cash expenses and other expenses. The goods delivered by Marc Radziwill remain complete Payment of the fee including all secondary liabilities owned by Marc Radziwill.
  2. Only rights of use are granted to drafts, final drawings, designs, designs and source codes, but no property rights are transferred. With the transmission of accesses or the transmission of order components to customer infrastructure or third-party systems, no property rights ar transferred.
  3. In the event of late payment by the customer, the statutory default interest in the amount applicable to business transactions applies. Furthermore, the customer undertakes in the event of delayed payment, Marc Radziwill the resulting reminder and collection expenses, to the extent that they are necessary for the appropriate legal prosecution. In any case, this includes the costs of two reminders in the usua market amount as well as a warning letter from a lawyer commissioned with the collection. The assertion of further Rights and claims remain unaffected.
  4. In the event of late payment by the customer, Marc Radziwill can undertake all other contracts concluded with the customer, rendered services and partial services due immediately. Furthermore, Marc Radziwill is not obliged to provide further services until To pay the outstanding amount. If payment has been agreed in instalments, Marc Radziwill reserves the right the case of late payment of partia amounts or additional claims the right to an immediate refund of the entire to demand outstanding debt (loss of appointment).
  5. The customer is not entitled to offset his claims against Marc Radziwill’s claims, except the customer’s claim was recognized in writing by Marc Radziwill or determined by the court.

8. Ownership and copyright

  1. All services by Marc Radziwill, including those from presentations, videos, workshops and other media (e.g. suggestions, ideas, sketches, preliminary designs, scribbles, concepts, templates, drafts, plans and source codes), Radziwill at any time
    • especially when the contractual relationship is terminated. The customer acquires the right by paying the fee used for the agreed purpose. Unles otherwise agreed, the customer may only use Marc Radziwill’s services use in Germany. The acquisition of rights of use and exploitation of service from Marc Radziwill always means full payment the fees charged by Marc Radziwill for this.
  2. Changes or processing of services by Marc Radziwill, such as their further development by the customer or by third parties working for him, are only permitted with the express consent of Marc Radziwill and - insofar as the services are protected by copyright - the author.
  3. For the use of Marc Radziwill services that go beyond the originally agreed purpose and scope of use, regardless of: whether this service is protected by copyright - the approval of Marc Radziwill is required. This is what Marc Radziwill and the Creators a separate reasonable remuneration.
  4. For the use of services by Marc Radziwill or of communication, advertising and strategy concepts, for which Marc Radziwill conceptual or has drawn up design templates, regardless of whether this service is protected by copyright or not - the approval of Marc Radziwill is also necessary.
  5. The customer is liable to Marc Radziwill for any illegal use in double the amount of the fee appropriate for this use.

9. Labelling

  1. Marc Radziwill is entitled to refer to Marc Radziwill and, if necessary, the author on all advertising material and all advertising measures, without the customer being entitled to a fee.
  2. Subject to the customer’s revocation, which is possible at any time, Marc Radziwill is entitled to do so on its advertising media and refer to the existing business relationship with the customer, in particular on his website, with his name and company logo (reference note).
  3. The customer allows Marc Radziwill to display his website on Marc Radziwill’s homepage as a reference. Marc Radziwill is also allowed to communicate the basics of the collaboration and the content of the contract. Marc Radziwill assumes no liability for the content of the websites of clients of Marc Radziwill displayed via a link.

10. Warranty

  1. The customer has any defects immediately, at least within eight days after delivery/performance by Marc Radziwill, report hidden defects within eight days of detection, in writing with a description of the defect; otherwise, the service is considered approved. In this case, the assertion of warranty and damage claims as well as the Right to contest errors due to defects excluded.
  2. In the case of justified and timely notification of defects, the customer has the right to improve or exchange the Delivery/performance by Marc Radziwill too. Marc Radziwill will remedy the shortcomings within a reasonable period of time Customer Marc Radziwill enables all measures necessary for inspection and correction of defects. Marc Radziwill is entitled to refuse to improv performance if this is impossible or for Marc Radziwill with a disproportionate effort is involved. In this case, the customer has the statutory change or Reduction rights too. In the case of improvement, the client is responsible for the transmission of the defective (physical) To do the thing at his own expense.
  3. It is the responsibility of the client to check the service for its legal, in a particular competition, brand, copyright and to carry out administrative admissibility. Marc Radziwill is not liable for the accuracy of content if it is have been specified or approved by the customer.
  4. The warranty period is six months from delivery/service. The customer is not entitled to withhold payments due to complaints.

11. Liability and product liability

  1. In cases of slight negligence, Marc Radziwill is not liable for damage to property or pecuniary damage to the customer, regardless of whether it is direct or indirect damage, loss of profit or consequential damage, damage due to delay, Impossibility, positive breach of debt, fault after the contract, due to inadequate or incomplete performance. The victim must prove the existence of gross negligence.
  2. Any liability of Marc Radziwill for claims based on the service provided by Marc Radziwill against the customer is expressly excluded if Marc Radziwill has fulfilled his obligation to notify or such for him was not recognizable, whereby slight negligence does not harm. In particular, Marc Radziwill is not liable for legal costs, own Legal costs of the customer or charges of publication of the judgment as well as for any claims for damages or other Claims of third parties; the customer must indemnify and hold Marc Radziwill harmless in this regard.
  3. Claims for damages by the customer expire six months after knowledge of the damage; at least after three years from Marc Radziwill’s act of injury. Claims for damages are limited in amount to the net order value.
  4. Marc Radziwill’s sole liability about cancellations, postponements of workshops is based on that of the customer The price paid for this workshop is limited, and Marc Radziwill is under no circumstances liable for consequential damage.
  5. Although Marc Radziwill takes all reasonable precautions to ensure safety in the workshop, Marc Radziwill is liable in no way for loss or damage incurred by the customer in connection with the workshop.
  6. Nothing in these terms limits or excludes Marc Radziwill’s liability for death or personal injury caused by his negligence, fraudulent misrepresentation or other liability for which it is unlawful to exclude or limit liability.
  7. Marc Radziwill’s total responsibility for all matters arising from the contract may be based on that of the customer the workshop price is limited, and Marc Radziwill may not be liable to the customer for consequential damage.
  8. The customer is liable for the data and content of his website / printed matter himself.

12. Workshop

  1. When the customer completes the registration form for a particular workshop, the customer agrees to the terms and conditions. The customer ensures that its employees, partners, agents, contractors, subcontractors and anyone else involved in participating in the workshop b his name, comply with these conditions. The contract is concluded when Marc Radziwill sends the customer booking confirmation.

  2. Is Marc Radziwill’s delivery/service delayed for reasons for which he is not responsible, such as Force Majeure Events and other unpredictable events that cannot be avoided with reasonable means, the performance obligations rest for the duration and to the extent o the Obstacle and the deadlines are extended accordingly. If such delays continue for more than six months, the customer and Marc Radziwill is entitled to withdraw from the contract.

  3. All tickets to the workshop will not be refunded, except as stated in the “Postponing a workshop” and “Cancellation” paragraphs below. However, if the customer cannot attend the workshop for any reason, he can email Marc Radziwill at hallo@marcradziwill.com to send to inform him of the name of a representative who will participate in the workshop on his behalf should participate. After receiving this email, Marc Radziwill will exchange this make.

13. Promotional Materials and Materials in the Workshop

  1. The customer agrees that Marc Radziwill will use his data in promotional materials for the workshop and/or in articles, that can be used for the workshop. Marc Radziwill is not liable for errors or omissions in such information.
  2. Unless otherwise stated, the copyright for such advertising materials and all materials used at the workshop (including course notes, slides, brochures, articles and case studies) with Marc Radziwill and may without his prior written consent cannot be reproduced in any medium.
  3. The customer may only use such materials for his business purposes and may in no way use such materials for reproduce, publish or deal with commercial purposes.
  4. Marc Radziwill reserves the right to change the published program (including the announced speakers) or materials at its discretion.

14. Postponement of a workshop

Under certain circumstances, Marc Radziwill has to postpone the workshop. In this case, Marc Radziwill will inform the customer as soon as possible. If the postponement is published more than six months after After the workshop date, the customer can cancel their ticket by sending Marc Radziwill an email to hallo@marcradziwill.com . Marc Radziwill will notify the customer and provide a full refund.

15. Cancellation of a workshop

There may be circumstances in which Marc Radziwill has to cancel the workshop. In this case, the customer receives a complete on Refund the amount of the registration fee he paid to Marc Radziwill and Marc Radziwill will endeavour t grant the customer this refund within 60 days of the date of cancellation.

16. Photographing and filming

Marc Radziwill may want to photograph or film the workshop. Marc Radziwill reserves the right to do this at future workshop other ways to promote. The customer agrees that Marc Radziwill (or another person participating in the workshop) he an everyone who takes part in the workshop with him is photographed or filmed. The customer may attend the workshop without our prior consen do not take pictures or film.

17. Travel, accommodation and refreshments

The customer is responsible for making and paying for their travel and accommodation arrangements to and from the workshop if the worksho on-site takes place If the customer is late for the workshop or cannot attend the workshop due to delays or other circumstances, Marc Radziwill is not oblige grant him a refund or wait until the student arrives at the start of the workshop.

18. Disability, state of health and nutritional needs

If the customer has a disability or medical condition that requires Marc Radziwill to make special arrangements for him he must email Marc Radziwill as soon as possible, at least two weeks before the date of the worksho to hallo@marcradziwill.com .

19. Customer obligations

  1. If the customer acts in a way that Marc Radziwill’s opinion harms or annoys a person in the workshop, the customer must leave the workshop , and Marc Radziwill is under no obligation to refund his registration fee or any other payment.
  2. The customer must comply with the health and safety guidelines of the event location at all times. The customer must respond to all requests from Marc Radziwill or the venue regarding health and safety. If they do not, they will be asked to leave the workshop (in this case no refund will be given). The customer may not bring any devices or objects of a dangerous or dangerous type in the workshop.
  3. The customer may not damage any part of the event location (including the outside areas as well as all interior walls, floors, furnishings and fittings). The customer is liable for damage caused by him, his employees, contractors, subcontractors and representatives in such Area of ​​the venue and Marc will reimburse any damage caused in this way.
  4. The customer must have his personal belongings with him at all times, and Marc Radziwill accepts no liability for damage, Loss or theft of his belongings or other objects that the customer brought into the workshop.

20. Data protection (visual highlighting according to the jurisdiction)

The customer expressly agrees that Marc Radziwill the data provided by the customer (name, address, email, Credit card details, data for bank transfer) for Fulfillment of contract and customer support as well as for own advertising purposes automation-assisted determination, storage and processing. The client agrees to have electronic mail sent to him for promotional purposes Cancellation will be sent.

The following data protection declaration applies to all services of Marc Radziwill.

21. Applicable law

The contract and all mutual rights and obligations derived from there as well as claims between Marc Radziwil and the customer is subject to German civil law excluding the UN sales law.

22. Place of performance and jurisdiction

  1. The place of performance is Marc Radziwill’s registered office. When shipping, the risk passes to the customer as soon as Marc Radziwill
    Has handed over the goods to the transport company chosen by him.
  2. Place of jurisdiction for all legal disputes between Marc Radziwill and the customer with this contractual relationship the court responsible fo the seat of Marc Radziwill is agreed. Regardless, Marc Radziwill is entitled to sue the customer at his general place of jurisdiction.

Use of Marc Radziwill’s services

General

  1. Marc Radziwill’s services are applications on the Internet that offer the user service with functions. Excluded from this are services that Marc Radziwill performs personally (e.g. consulting, web development, web performance consulting, etc.)
  2. To use some of Marc Radziwill’s services, the user must log in and have set up their account.
  3. The user agrees that any use of Marc Radziwill services is subject to these general terms and conditions.
  4. Marc Radziwill’s services are only available to users aged 18 and over.
  5. The customer is responsible for:
    • Payment of fees for the use of Marc Radziwill’s paid services

Fees, Payments & Refunds

  1. Any fee applies in accordance with such features and/or services provided by the customer following those on the website subscribed prices or according to the estimates otherwise agreed with Marc Radziwill.
  2. The customer undertakes to pay all due fees in advance or on the dates accepted to by the customer in advance.
  3. All payments are made via the online payment gateway within the services of Marc Radziwill or in any other way that the Marc Radziwill by time can instruct at the time. The customer agrees that he has no right to access Marc Radziwill’s services if he does not make any payments when due.
  4. Marc Radziwill reserves the right to introduce or change fees from time to time, by informing the user in writing at least 14 days in advance. Any new or changed fees will apply to the next billing cycle after the customer receives such notice.
  5. If a customer does not accept a change in fees, they can simply cancel their account.

license

  1. By accepting the terms of this Agreement, the user receives a limited, Non-exclusive and revocable license to access and use Marc Radziwill’s services for the duration of this Agreement by the terms of this Agreement.
  2. Marc Radziwill may grant the user the license under additional terms or restrictions (including the number of users or the volume of use or the transactions) at its discretion.
  3. Marc Radziwill may revoke or suspend the user’s license for any reason at its discretion, which it deems appropriate, including due to violation of the terms and conditions in this Agreement by the user.

Change of conditions

The terms of this Agreement may be updated from time to time by Marc Radziwill If Marc Radziwill changes the terms, users will notify them in writing, and the user must accept the changed terms to continue using Marc Radziwill services.

Software-as-a-Service

The user agrees and accepts that Marc Radziwill’s services are:

  1. Services are hosted by Marc Radziwill and may only be installed and maintained by Marc Radziwill. The services of Marc Radziwill will be accessed via the Internet or another connection to Marc Radziwill’s servers and are not available “locally” on the user’s systems.
  2. Is only managed and supported by Marc Radziwill’s servers and the user has no back-end access Services by Marc Radziwill are available unless this has been expressly agreed in writing.
  3. As a hosted and managed service, Marc Radziwill reserves the right to update, maintain, optimize, save, change, add or remove, redesign, improve or otherwise modify the service.

support

Marc Radziwill provides support for Marc Radziwill services through the email address hallo@marcradziwill.co Marc Radziwill strives to answer all support requests within one business day.

usage & availability

  1. The user agrees that he will only use Marc Radziwill services for legal purposes and not to To commit behaviours that are unlawful, immoral, threatening, abusive or in a way that Marc Radziwill claims to be Considered inadequate.
  2. The user is solely responsible for the security of his username and password for access to Marc Radziwill services. The user must notify Marc Radziwill as soon as he becomes aware of unauthorized access to his account by a Marc Radziwill service.
  3. The user agrees that Marc Radziwill, to the best of his knowledge and belief, gives access to Marc Radziwill’s services, however:
    • Problems beyond his control can prevent access to Marc Radziwill’s services.
    • It assumes no responsibility for continuous access to Marc Radziwill’s services.

Data protection for Marc Radziwill services

Marc Radziwill maintains the privacy policy by the provisions of the data protection law for dat that it collects about the user and other customers. The data protection guideline does not apply to the customer’s handling of personal data If required by the Data Protection Act, it is the responsibility of the custome to fulfil the obligations of the data protection law by implementing a data protection directive following the law.

The following data protection declaration applies to all services of Marc Radziwill.

Disclaimer for services and information from third parties

The user acknowledges that Marc Radziwill’s services depend on third-party services, including but not limited to:

The user agrees that Marc Radziwill is in no way responsible or liable for:

Liability & Compensation

Termination of Marc Radziwill’s services

  1. Each party can terminate this Agreement in writing with one month’s notice.
  2. Termination of this Agreement leaves the acquired rights or remedies of either party, which is in any way this Agreement remain unaffected until expiry or deletion.