Terms and Conditions
It is a B2B contract with no right of withdrawal.
General terms and conditions of the Asentiv New York c/o Referral Institute Management LLC as well as all affiliated companies and their franchise partners, towards entrepreneurs and merchants
§ 1 Scope of application / Validity
(1) The following general terms and conditions (GTC) apply to all contracts that Asentiv New York c/o Referral Institute Management LLC and all affiliated companies as well as their franchise partners (“Asentiv New York c/o Referral Institute Management LLC”) conclude with their customers, if they are an entrepreneur, a merchant, a legal entity under public law or a special fund under public law (hereinafter referred to as “customer” or “client”).
(2) Any deviating, conflicting or supplementary terms of the contractor shall only become an integral part of the contract if and to the extent Asentiv New York c/o Referral Institute Management LLC has expressly agreed to their validity. This consent requirement applies in any case, even if Asentiv New York c/o Referral Institute Management LLC begins to provide the services without reservation with knowledge of the customer’s terms and conditions.
§ 2 Services /Customer’s obligation to cooperate
(1) Asentiv New York c/o Referral Institute Management LLC provides coaching and consulting services for entrepreneurs, coaches, trainers and consultants. The services offered also include seminars, events, coaching and mentoring, individually and / or in groups. Unless otherwise expressly agreed in writing, Asentiv New York c/o Referral Institute Management LLC does not owe the customer the performance of a work / concrete success.
(2) (2) The customer must carry out the cooperation activities incumbent upon him in full and in due time upon Asentiv New York c/o Referral Institute Management LLC’s first request. If the customer fails to cooperate and thus prevents Asentiv New York c/o Referral Institute Management LLC from providing the service, Asentiv New York c/o Referral Institute Management LLC’s claim to remuneration remains unaffected.
(3) Asentiv New York c/o Referral Institute Management LLC is entitled to have the services owed to the customer performed by vicarious agents / subcontractors and third parties.
(4) If so-called video calls are agreed between Asentiv New York c/o Referral Institute Management LLC and the customer, the agreed dates are binding. There is no entitlement to transfer or completion of the omitted act. This does not apply if the impediments originate from the Asentiv New York c/o Referral Institute Management LLC sphere.
(5) The customer must always guarantee the technical requirements (sufficient internet connection, camera, microphone, etc.) required for the use of Asentiv New York c/o Referral Institute Management LLC’s services.
(6) The booking of our seminars and events is binding.
(7) The event location is specified in the current event description or in the confirmation letter, for company events in the offer or the order confirmation.
(8) Asentiv New York c/o Referral Institute Management LLC reserve the right to unilaterally adjust event / seminar times within an appropriate framework. The customer will be notified of the adjustment no later than 7 days in advance. The total duration of the event is not reduced.
§ 3 Conclusion of contracts
The contract between Asentiv New York c/o Referral Institute Management LLC and the customer can be concluded by telephone, in writing or in text form. Placing the order on the website is considered to be the conclusion of a contract. Paid order implies that the information listed on the order page corresponds to the following points and is fully understood and recognized:
1) The buyer is the representative who is authorized to conclude legal transactions for the named company;
2) The buyer has understood what the service entails and agrees with it;
3) The buyer is aware that he is entering into a legal contract (order) without a right of withdrawal, since the contract takes place between the shops;
4) The buyer undertakes to comply with the agreed payment method (any partial payments) under all circumstances.
§ 4 Payments, Prices, Conditions
(1) The prices stated and communicated by Asentiv New York c/o Referral Institute Management LLC are binding. The stated prices are net plus statutory sales tax.
(2) Unless otherwise agreed, the remuneration owed by the customer is due immediately, in full and in advance. A (SEPA) direct debit authorization issued to Asentiv New York c/o Referral Institute Management LLC also applies to further business relationships until revoked.
(3) If SEPA direct debit is agreed, the customer must give Asentiv New York c/o Referral Institute Management LLC a written SEPA direct debit mandate after the contract has been concluded. Asentiv New York c/o Referral Institute Management LLC will provide one on request.
(4) Asentiv New York c/o Referral Institute Management LLC will issue the customer with a proper invoice showing the sales tax (if necessary by vicarious agents).
(5) In the event that agreed direct debits cannot be withdrawn from the customer’s account and a chargeback occurs, the customer is obliged to transfer the amount owed to Asentiv New York c/o Referral Institute Management LLC within three working days of the chargeback and to assume the costs caused by the chargeback.
(6) Offsetting with counterclaims is only mutually permissible if the other contractual partner has recognized the offsetting or if it has been legally established. The same applies to the exercise of a right of retention by a contracting party.
§ 5 Cancellation, Duration
(1) The contract has the minimum term individually agreed between the parties. Early termination is excluded.
(2) Any free cancellation rights of the customer are excluded.
(3) Cancellation must be made in writing to be effective. Cancellations must be submitted to cancellation@asentiv.com
(4) The right to extraordinary cancellation for good cause remains unaffected.
(5) In the event of an official ban on events that have already been booked and confirmed or official restrictions / requirements (e.g. during pandemics, force majeure), Asentiv New York c/o Referral Institute Management LLC is entitled to offer the customer a replacement event 60 days in advance within 12 months of the date of the canceled event.
The customer is only entitled to withdraw / terminate if no replacement offer is made within this period. This does not apply to withdrawal / cancellation if there is an important reason.
§ 6 Default / extraordinary cancellation
(1) Deadlines for the provision of services by Asentiv New York c/o Referral Institute Management LLC do not begin before the invoice amount has been received by Asentiv New York c/o Referral Institute Management LLC and, as agreed, the data required for the services are fully available at Asentiv New York c/o Referral Institute Management LLC or the necessary cooperation activities have been performed in full.
(2) If the customer is in arrears with due payments, Asentiv New York c/o Referral Institute Management LLC reserves the right not to carry out further services until the outstanding amount has been settled.
(3) If, in the case of payment in installments, the customer is in arrears with at least two payments due to Asentiv New York c/o Referral Institute Management LLC, Asentiv New York c/o Referral Institute Management LLC is entitled to extraordinary cancellation of the contract and to discontinue the services. If necessary, Asentiv New York c/o Referral Institute Management LLC will assert the entire remuneration that is due by the next ordinary termination date as compensation.
§ 7 Fulfillment
(1) Asentiv New York c/o Referral Institute Management LLC will conduct the agreed services in accordance with the offer with the necessary care. Asentiv New York c/o Referral Institute Management LLC is entitled to unrestrictedly avail itself of the help of third parties.
(2) If Asentiv New York c/o Referral Institute Management LLC is prevented from providing the agreed services and the reasons for the hindrance originate from the sphere of the customer, Asentiv New York c/o Referral Institute Management LLC’s claim for remuneration remains unaffected.
§ 8 Behavior and Consideration
(1) The customer has to guarantee the usual behavior of an honest businessman towards us. We reserve the right to prosecute any illegal and / or improper or unfounded statement about our company and our services, be it by customers, competitors or other third parties, in particular untrue statements of fact and defamatory criticism, under civil law and, moreover, to bring criminal charges without prior notice.
(2) Participating in our programs and events, the customer is obliged to guarantee the smooth progress of our programs and events and to follow our instructions immediately. In the event of repeated violations of a previously issued instruction, we are entitled to temporarily or permanently exclude the customer from the relevant participation. Our entitlement to remuneration remains unaffected in these cases.
§ 9 Third Party Property Rights
The customer guarantees that work materials (e.g. photos, texts, videos) provided to Asentiv New York c/o Referral Institute Management LLC are free of third-party rights or that the permits required for the purposes of the main contract are available. In this respect, the customer releases Asentiv New York c/o Referral Institute Management LLC from any claims made by third parties.
§ 10 Rights of use
1) The customer receives a simple and non-transferable right of use in relation to the work and performance results created and made available by Asentiv New York c/o Referral Institute Management LLC for the duration of the contract. Performance and work results within the meaning of the underlying contract are all work or services or parts thereof that have been created by Asentiv New York c/o Referral Institute Management LLC for the customer (e.g. all information, documents, evaluations, videos, photos, know-how acquired in the course of fulfilling the order, advertisements , Drawings, materials, specifications, program drafts, (electronic) files, data collections, individual software, etc.
2) Paragraph 1 applies exclusively with the reservation that the customer has fully paid the remuneration to which Asentiv New York c/o Referral Institute Management LLC is entitled under the main contract.
3) If payment in installments has been agreed, the right of use named in paragraph 1 is only transferred to Asentiv New York c/o Referral Institute Management LLC once the last installment has been paid in full, unless otherwise agreed.
4) The transfer of our program content to third parties is prohibited and will be prosecuted under civil and criminal law in the event of a violation. This also applies in particular to access to our member platforms. Unless otherwise agreed, a right of use exists exclusively for our direct contractual partner.
§ 11 Liability
(1) Asentiv New York c/o Referral Institute Management LLC is only liable for damages – for whatever legal reason – for intent and gross negligence. Asentiv New York c/o Referral Institute Management LLC is only liable for simple negligence
a) for damage resulting from injury to life, limb or health,
b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.
(2) Within the limits of paragraph 1, Asentiv New York c/o Referral Institute Management LLC is not liable for data or program losses. The amount of liability for data loss is limited to the typical restoration effort that would have occurred if backup copies had been made regularly and in accordance with the risk. Liability under the Product Liability Act remains unaffected, as does that for the assumption of a guarantee.
§ 12 Declaration of consent for participants in the context of photo / video recordings
The participant agrees and acknowledges that Asentiv may take photos or videos of the participant during courses, workshops or networking events or otherwise in public spaces and hereby irrevocably grants Asentiv the right to use the participant’s images, videos or photographs in any Use advertising, promotion, marketing materials including any social media, print media or on the Asentiv website.
§ 13 Final provisions
(1) Deviations from these terms and conditions are only effective if they have been agreed in writing. Individual agreements made with the customer on a case-by-case basis, including side agreements, additions and changes) always take precedence over these General Terms and Conditions. A written contract or written confirmation from Asentiv New York c/o Referral Institute Management LLC is authoritative for the content of such agreements.
(2) The entire contractual relationship between Asentiv New York c/o Referral Institute Management LLC and the customer is subject to Swiss law.
(3) The place of performance is the registered office of Asentiv New York c/o Referral Institute Management LLC. The exclusive commercial place of jurisdiction is the headquarters of Asentiv New York c/o Referral Institute Management LLC.
(4) The customer allows Asentiv New York c/o Referral Institute Management LLC so-called testimonial advertising. Even after the contract period has expired, Asentiv New York c/o Referral Institute Management LLC is entitled to advertise with the customer as a reference in an appropriate manner. Asentiv New York c/o Referral Institute Management LLC is accordingly entitled to use the copyrights, name, trademark and trademark rights belonging to the customer. The revocation of the permission is only permissible if there is an important reason, but not when the contract is terminated.
(5) Should one or more provisions of the contract be or become ineffective or impracticable for factual or legal reasons, this shall not affect the validity of the remaining contractual provisions. Asentiv New York c/o Referral Institute Management LLC and the customer are obliged to replace the ineffective or unenforceable provision with an effective provision that comes closest to what is economically intended.
(6) The acquisition of the offered services is associated with considerable entrepreneurial risks and can lead to the complete loss of the capital employed. The promised return (profit) is not guaranteed and can also be lower. It is a B2B contract with no right of withdrawal.