activeMind.shop is a service provided by activeMind AG Management- und Technologieberatung. The following general terms of conditions apply (version 1.6 of 7 December 2020):
The General Terms and Conditions (the “GTC”) of activeMind AG Management- und Technologieberatung (the “User”) apply to all contracts entered into by a company (the “Customer”) with the user for legal advice services, other services and documents that the customer has ordered via the shop on the user’s website, or that have been digitally produced and made available to the customer using a tool provided by the user on its website (a “generator”).
We hereby expressly object to the inclusion of the customer’s own terms, unless they have been agreed.
“Company” means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts to exercise his/her or its trade, business or profession.
Our offer is aimed exclusively at companies, therefore only companies can become partners.
The contractual partner of the customer is
activeMind AG Management- und Technologieberatung
Potsdamer Straße 3
Legal advice in individual cases
Insofar as we owe legal advice in individual cases, this advice is provided by activeMind.legal Rechtsanwaltsgesellschaft m.b.H.
activeMind AG is insofar authorized and commissioned to forward the request to activeMind.legal with the data necessary to answer it. In order to enable a uniform communication towards the customer, activeMind.legal is released from the obligation of secrecy towards activeMind AG.Terms of contract
If the service ordered is legal advice according to the product description, this is provided by an experienced lawyer from the activeMind.legal Rechtsanwaltsgesellschaft m.b.H.. The scope of the advisory service is defined in the product description in the shop at the time of the order.
If a customer orders the production of a document or a document is created for him/her/it within the framework of legal advice, this is done exclusively by a qualified lawyer at the user or by a lawyer from the activeMind.legal Rechtsanwaltsgesellschaft m.b.H. The document is made available and provided to the customer in digital form. The scope of the service ordered is defined in the product description in the shop at the time of the order or on an individual agreement in the context of legal advice.
For documents that are created using a generator, the customer is granted access to the generator on the user’s website after the contract has been entered into. A digital document is created based on the form fields that the customer completes and accepts responsibility for. The document will be made available to the customer in electronic form. For reasons of data protection, data is not stored on the user’s server. After a session has ended, the document created will no longer be available. The customer is responsible for backing up the document in one of the ways offered (a copy of the text or a download of an MS Word document) before the session ends. The creation of documents using the generator does not constitute legal advice.
The laws applied in the creation of the documents are the GDPR and the German FDPA. Other country or state-specific standards are not applied, unless otherwise agreed on an individual basis or if this is stated in the product description in the shop.
Webinars, online training and workshops (“training”) are, if not otherwise agreed upon or evident from the service description, conducted digitally via the video conference tool Zoom Webinar or via the video hosting platform Vimeo. We reserve the right to make changes in consultation with the customer. The scope of the service ordered is defined in the product description in the shop at the time of the order.
Access to the generator and to the documents created is subject to availability. One hundred percent availability is not possible on technical grounds and can therefore not be guaranteed by the user. In particular, maintenance, security or capacity issues as well as events that are beyond the user’s control can lead to disruptions in availability. The user take all possible measures to ensure availability. For example, maintenance work will be carried out at times of low use where possible. In the event that the generator or document is unavailable, the user will take appropriate measures to restore availability as soon as it becomes aware of the issue.
No prohibited use
All documents made available to the customer by the user are protected by copyright. The customer is granted a non-exclusive right of use, which is not transferable. The documents may therefore only be used for the customer’s own purposes.
Permitted use by the customer includes the use of the documents in business transactions in accordance with their purpose, which is defined in the description in the shop, and for the purpose of helping to implement the company’s data protection requirements. As a rule, this is for the fulfilment of documentation and verification obligations or for use in creating contracts for the purpose of GDPR compliance.
Any use of the documents or parts thereof beyond their intended use is prohibited without the user’s express written consent. In particular, it is inadmissible resell or otherwise attempt to commercially benefit from the documents or parts thereof beyond their intended use (e.g. sales, rental or hire), to edit or change the documents or parts thereof beyond corrections and adjustments, and to pass the documents in whole or in part to third parties, unless this is necessary for the customer to enter into a contract with third parties or due to legal obligations.
Training rights and obligations
Training can take place only if the customer books a session and ensures that all technical and other requirements are met (e.g. that there is a sufficient and stable internet connection, functioning hardware and software, and that rooms and equipment are available when required).
The customer must be available for at least three potential sessions on different days at different times. Training sessions can only take place during standard office hours, between 9 a.m. and 6 p.m. CET.
The user must ensure that its systems can be tested before a session is booked by the customer. If the timeslot is not feasible, another session can be arranged, depending on the type of training required. The user reserves the right to submit an invoice for any charges resulting from the cancellation of a session by the customer.
Unless otherwise expressly agreed upon, the customer is not permitted to record or download training or pre-recorded videos.
The contract between the User and the Customer
The content published in the user’s shop does not constitute a binding offer on the part of the user. It offers the customer the opportunity to submit a binding offer to the user.
After submitting the selected content into an order form or placing the selected content in the virtual shopping cart in the shop and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the content in the shopping cart by clicking the button that concludes the order.
The customer’s offer can be accepted by the user by sending a confirmation of acceptance in written form (e.g. as an email) or by granting access to the generator or other contractual content. If more than one of the above-mentioned alternatives is available, the contract is created through the alternative that occurs first. The offer is considered rejected if the user does not send the customer a confirmation of acceptance or does not grant access to the generator or any other contractual content.
When an offer is submitted during the final step in the shop system, the content of the contract is saved by the user after the contract is entered into. It will be sent to the customer in written form (e.g. as an email) at the end of the order process. No further content from the contract will be provided.
Order processing and contact with the customer are usually automated. The customer must ensure that the email address provided to process the order is correct. The customer must ensure that emails sent by the user can be received via this email address, so that the content of the email can be accessed.
Right of withdrawal
There is no right of withdrawal unless otherwise agreed on an individual basis.
To benefit from our offers a payment must be made. The payment amount is specified in the description in the shop.
If the offer does not show the statutory value added tax, it is a net price to which the statutory value added tax will be added.
Payment is due immediately and in case of payment by invoice immediately after receipt of invoice, without deduction. We reserve the right to act or to grant access to our content only after full receipt of payment.
Only the payment methods specified in the shop are available to the customer. Other payment methods are acceptable only if this has been agreed on an individual basis.
If it has been agreed that prepayment can be made by bank transfer, payment is due immediately after the contract is entered into. Variations will only apply if the parties have agreed on a later due date.
For payments in countries outside of the European Union, additional costs may arise in individual cases. The user is not responsible for such costs and these are paid by the customer; for example, costs for the transfer of money by credit institutions.
In the event of a negligent breach of an essential contractual obligation, liability is limited to the average damages foreseeable when the contract was concluded. Essential contractual obligations are obligations that the contract imposes on the user according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can rely.
Further liability is excluded. This exclusion does not affect claims due to wilful or gross negligent breaches of duty, malice and in the case of injury to life, limb or health.
Liability is excluded for documents provided, on which changes have been made by the customer, provided the breach results from the change. Liability for breaches caused by incorrect use of documents by the customer is also excluded.
The creation of documents using the generator does not constitute legal advice. It is expressly pointed out that legal advice in individual cases cannot and should not be replaced by this. Corresponding liability is therefore not accepted. Liability for breaches based on the customer’s own input in the generator’s form fields is excluded.
The law of the Federal Republic of Germany applies to all legal relationships between the parties.
For all disputes arising from the contractual relationship, a claim must be made before the court in the place of the registered office of the user. The user is also entitled to make a claim in the place of the customer’s headquarters.
We reserve the right to take legal action in the event of breaches of contractual obligations, in particular if the customer exceeds the rights granted for use of the documents.