General Terms and Conditions of betterCoach.de GmbH

bettercoach.de GmbH (hereinafter "bc") provides companies and private individuals (hereinafter "Partner") with Coaches, facilitators, moderators, trainers and change agents (hereinafter "Coach") according to their specifications. bc operates a platform (hereinafter "Coaching Management System") at www.bettercoach.de for this purpose.

The General Terms and Conditions (hereinafter referred to as "GTC") are documented as follows for:

Provided that there are any discrepancies between the German and English version of the GTC, the German version shall prevail.

I. Contracts with Partners

The GTC apply to the business relationship between bc and the Partner described in more detail below. General terms and conditions of the Partner do not apply.

  1. How is the contract concluded?
    1. If bc receives a search request for a Coach from a Partner, bc decides at its own discretion whether bc would like to present one or more Coaches to the Partner. bc is not obliged to do so. bc uses its own Coach pool for the selection of Coaches.
    2. bc provides the Partner with a profile of the Coach(s) for presentation and information about the Coaching Management System. If the Partner wishes to use one of the Coaches introduced, bc and the Partner will conclude a contract for Coaching by the Coach selected by the Partner (hereinafter "Partner Contract"). The content, scope, period and costs for the Coaching result in particular from the Partner Contract. These GTC apply to the Partner Contract.
    3. The organizational coordination of the Coaching (coordination of appointments, coordination of an agenda etc.) takes place directly between the Partner and the Coach.
  2. What are the costs for the Partner?
    1. The Partner pays bc the remuneration resulting from the Partner Contract. This remuneration includes all costs incurred by the Partner for the Coaching; the Coach does not issue a separate invoice to the Partner.
    2. Unless otherwise agreed in the Partner Contract, the invoice is due for payment 14 days after the invoice date.
  3. What happens if the Partner cancels a Coaching?
    1. bc shall also charge Partners for hours that were agreed between the Coach and the Coachee but were not attended by the Coachee, unless the affected hour was cancelled at least 48 hours before the start of the agreed hour.
    2. The Partner has the right to prove to bc that the damages incurred by bc as a result of the cancellation are lower than the aforementioned lump-sum damages; in this case the Partner's liability for damages amounts to the damages incurred. Conversely, bc also has the right to prove to the Partner that the damages incurred by bc as a result of the cancellation are higher than the aforementioned lump-sum damages.
    3. If the Partner cancels a training, workshop or moderation with bc, this means the following for the fee owed by Partner to bc:
      • If the cancellation is made up to 31 days before the event, bc is not entitled to the fee agreed.
      • If the cancellation is made 30 to 23 days before the event, Partner must pay 50% of the fee owed to bc.
      • If the cancellation is made 22 to 15 days before the event, Partner must pay 75% of the fee owed to bc.
      • If the cancellation is made 14 or less than 14 days before the event, Partner must pay 100% of the fee owed to bc; in addition, the necessary travel and accommodation costs already incurred for the Coach will be reimbursed upon proof.
  4. What quality requirements does bc place on a Coach?

    bc attaches great importance to the satisfaction of its Partners. bc therefore regularly checks whether the information provided by the Coach in the profiles is correct. Coaches who have provided incorrect information in the profiles on the Coaching Management System will no longer consider bc for requests from Partners. Each Coach presented to the Partner by bc was obliged by bc to personally provide the Coaching to the Partner and to carry out the Coaching carefully and in accordance with the quality standards customary in the industry.

  5. What is bc liable for?
    1. bc shall only be liable to the Partner for reasonably foreseeable damages typical for the contract from the Coaching Contract. bc shall in particular not be liable to the Partner for the fact that the Coach has any necessary professional permit.
    2. The above limitations of liability do not apply to damages from injury to life, body and health which are based on an intentional or negligent breach of duty by bc or one of the legal representatives or vicarious agents of bc. The above limitations of liability shall not apply remotely even if any other damage is based on intent or gross negligence.
    3. bc is not liable for the fact that a certain Coaching success occurs.
  6. Data protection is important to bc
    1. bc collects, processes and uses personal and company data of the Partner for the purpose of fulfilling and processing the contractual relationship.
    2. In addition, bc uses personal and company-related data of the Coach to inform the Partner about offers and services of bc. The Partner can object to this use of the data at any time by sending an e-mail to info@bc.de.
    3. By using the Coaching Management System, the Partner agrees that bc may use the Partner's business name and logo as a reference as long as the Partner does not revoke this permission.
  7. Which law are the terms and conditions and the Partner Contract subject to?

    The GTC and the Partner Contract are subject to the law of the Federal Republic of Germany to the exclusion of the conflict of laws provisions of the Federal Republic of Germany.

  8. Which court is competent for disputes in connection with the Partner Contract?

    If the Partner is a merchant or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes in connection with the GTC and the Partner Contract is Berlin.

  9. What happens in the event of ineffective or incomplete contractual provisions?

    Should one or more regulations of the GTC or the Partner Contract be completely or partially ineffective or impracticable, this does not affect the effectiveness of the remaining regulations of the general terms and conditions or the Partner Contract. In this case, the ineffective or impracticable provision of the GTC or the Partner Contract shall be replaced by another provision which corresponds as far as possible to the desired objectives pursued by the contracting parties. This applies accordingly in the event of a contractual gap.

II. Contracts with Coaches

The GTC apply to the business relationship between bc and the Coach described in more detail below. General terms and conditions of the Coach do not apply.

  1. How is the contract concluded?
    1. Partners use the services of bc to find a Coach who fulfils the requirements defined by the Partner. bc uses its own Coach pool for this purpose in order to propose various Coaches suitable from bc's point of view to the Partner at its own discretion. If the Partner decides to use one or more of the Coaches proposed by bc, bc and the Coach enter into a contract on the contents and general conditions of the Coaching (hereinafter "Coaching Contract").
    2. bc will only propose a Coach to the Partners if the Coach has given bc his prior consent.
    3. The organizational coordination of the Coaching (coordination of appointments, coordination of an agenda, arrival etc.) takes place directly between the Partner and the Coach.
  2. What information does bc need from the Coach?

    bc informs the Coach which information is required for the Coach's profile on the Coaching Management System. The Coach undertakes to make this information available to bc without delay in the requested form.

  3. What information about the Coach does bc pass on to the Partner?

    The Partner receives the profile stored with bc from bc. In addition, bc does not pass on any other information about the Coach to the Partner, unless this information can be retrieved from publicly accessible sources.

  4. What quality requirements does bc place on a Coach?

    bc attaches great importance to the satisfaction of its Partners. bc therefore regularly checks whether the information provided by the Coach in the profiles is correct. Coaches who have provided incorrect information in the profiles will no longer consider bc in requests from Partners.

  5. What fee does the Coach receive?
    1. The Coach shall receive from bc the fee agreed in the Coaching Contract.
    2. Required travel and accommodation costs of the Coach will be reimbursed to the Coach by bc against proof in addition to the agreed fee (cf. No. 5.1). The following travel and accommodation costs are deemed necessary, unless otherwise stated in the Coaching Contract:
      • Travel costs of the 2nd class of the train from the Coach's place of residence to the agreed place of Coaching
      • Economy class airfare (domestic airfare may not exceed the cost of rail travel (2nd class standard fare))
      • Driving your own car (the kilometers are calculated on the basis of Google maps at EUR 0.30/km)
      • Rental and fuel costs for rental car/car of a car sharing provider on presentation of proof, provided that the car corresponds to the Golf class at most
      • Taxi costs for journeys of up to 50 kilometers on the basis of Google maps
      • Costs for Bike Sharing against proof
      • Costs for local public transport on presentation of proof
      • Overnight stays in Germany, provided they do not exceed EUR 140,00 (gross; without breakfast)
      • Overnight stays abroad, provided that they do not significantly exceed the amount stated in the currently valid version of the ARVVwV (“Foreign overnight accommodation allowance“ column).
    3. Required travel times of the Coach shall be reimbursed to the Coach by bc in addition to the agreed fee (No. 5.1) and the necessary travel and accommodation costs (No. 5.2) in the amount of EUR 100.00 (net) per started hour after the first hour, unless otherwise stated in the Coaching Contract.
    4. If the Coach incurs expenses for material costs for the Coaching, the Coach will only be reimbursed by bc if this has been agreed in the Coaching Contract.
    5. The Coach shall charge bc the fee (No. 5.1), the necessary travel and accommodation costs (No. 5.2), the necessary travel times (No. 5.3) and the agreed material costs (No. 5.4) no later than 5 working days after completion of the Coaching. The properly issued invoice becomes due for payment as soon as bc has received the remuneration owed by the Partner.
    6. If the Partner cancels a training, workshop or moderation with bc, this basically means the following for the fee owed by bc to the Coach:
      • If the cancellation is made up to 31 days before the event, the Coach is not entitled to the fee according to no. 5.1 - 5.4.
      • If the cancellation is made 30 to 23 days before the event, bc must pay 50% of the fee owed to the Coach under No. 5.1; the Coach has no payment claims under No. 5.2 - No. 5.3.
      • If the cancellation is made 22 to 15 days before the event, bc must pay 75% of the fee owed to the Coach under No. 5.1; the Coach has no payment claims under No. 5.2 - No. 5.3.
      • If the cancellation is made 14 or less than 14 days before the event, bc must pay 100% of the fee owed to the Coach in accordance with No. 5.1; in addition, the necessary travel and accommodation costs already incurred in accordance with No. 5.2 will be reimbursed upon proof.
    7. If the Partner cancels a Coaching session with bc, bc will also compensate the Coach for hours agreed between the Coach and the Coachee, but not attended by the Coachee, provided that the affected hour is not at least 48 hours before the start of the agreed hour. However, the Coach may not demand payments from bc in accordance with No. 5.6, unless bc itself receives the corresponding payments from the Partner in this respect.
  6. What is bc liable for?

    bc shall only be liable for reasonably foreseeable damages typical for the contract from the Assignment Contract. This limitation of liability does not apply to damages from injury to life, body and health which are based on an intentional or negligent breach of duty by bc or one of the legal representatives or vicarious agents of bc. The limitation of liability shall not apply remotely even if any other damage is based on intent or gross negligence.

  7. Data protection is important to bc
    1. bc collects, processes and uses personal and company data of the Coach for the purpose of fulfilling and processing the Coaching Contract.
    2. In addition, bc uses personal and company-related data of the Coach to inform the Coach about offers and services of bc. The Coach may object to this use of the data at any time by sending an e-mail to info@bc.de.
  8. What is the law governing the GTC and the Coaching Contract?

    The GTC and the Coaching Contract are subject to the law of the Federal Republic of Germany to the exclusion of the conflict of laws provisions of the Federal Republic of Germany.

  9. Which court has jurisdiction in disputes in connection with the GTC and the Coaching Contract?

    If the Coach is a merchant or has no general place of jurisdiction in Germany, the place of jurisdiction for all disputes in connection with the GTC and the Coaching Contract is Berlin.

  10. What happens in the event of ineffective or incomplete contractual provisions?

    Should one or more provisions of the GTC or the Coaching Contract be wholly or partially invalid or impracticable, this shall not affect the validity of the remaining provisions of the GTC or the Coaching Contract. In this case, the invalid or unenforceable provision of the GTC or the Coaching Contract shall be replaced by another provision which corresponds as far as possible to the desired objectives pursued by the contracting parties. This applies accordingly in the event of a contractual gap.

  11. What applies in case of Coaches, who are working for Coaching agencies?
    1. If the Coach is working for a Coaching agency, bc and the Coaching agency conclude the Coaching Contract; the aforementioned GTC for the Coach shall apply accordingly for this Coaching Agreement.
    2. The Coaching agency needs to sign a contract with the Coach, which includes the the obligations arising from the GTC for the Coaching agency.

Berlin, 7 September 2018