General Terms and Conditions of Business
§ 1 Scope of application
- The following General Terms and Conditions (GTC) apply to all legal transactions with consumers and entrepreneurs with Dr. med. univ. Dominik Klug, DSO-IFZA-18858, IFZA Properties, Dubai Silicon Oasis, Dubai, United Arab Emirates, hereinafter referred to as “Dr. Klug” or “I”.
- These GTC apply exclusively. Any terms and conditions used by you that conflict with or deviate from these GTC shall not be recognized by us unless we have expressly agreed to their validity in writing or in text form.
- Legal transactions can be concluded by e-mail or via the contact form.
- The language available for the conclusion of the contract is exclusively German and English. Translations into other languages are for your information only. The English text shall take precedence in the event of any differences in language usage.
- The version of these General Terms and Conditions valid at the time of booking shall apply.
§ 2 Subject matter of the contract
- The subject of the contract can be the following services (the list is not exhaustive):
• Individual coaching
• Group coaching
• Coaching programme
• Online courses
- All offers on the internet website www.daily-med.at as well as on the social media platforms Instagram [https://www .instagram.com/dominik_klug] are non-binding and do not constitute a legally binding offer to conclude a contract.
§ 3 Prices, terms of payment and due date
- Our prices are shown as net prices plus the statutory VAT. The prices at the time of booking apply.
- If certain discount or promotional offers are advertised, these are limited in time or quantity. There is no entitlement to them. There is no entitlement to them.
- An invoice is always sent to you by e-mail in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and is payable to us within 14 days.
- Access to the respective services is dependent on prior receipt of payment. As soon as we have received your payment, you are entitled to our corresponding service.
- In individual cases I also offer payment by installments. The total amount may be higher than the full payment. I will inform you of this amount in advance. An early termination of a payment by installments agreement is possible by way of early repayment. You have the right to pay the full amount (but then the increased installment amount if applicable) in part or in total at any time before the end of the agreed period.
- Interest of 10% of the net price of the coaching per reminder will be charged for late payments, both for one-off purchases and installment purchases. If the internal dunning process is unsuccessful, we may hand over the outstanding debt to a lawyer for collection. In this case, you will incur costs for legal representation.
- Interest at the agreed rate will be charged for late payments, both for the purchase and the installment purchase (the installment amount is usually higher than for a one-off payment), as well as costs for appropriate reminders. If the internal dunning process is not successful, we can hand over the outstanding debt to a lawyer for collection. In this case, you will incur costs for legal representation.
- If we have agreed on payment by installments and you do not pay after a reminder in text form and a period of grace, we are entitled to terminate the payment by installments prematurely and the entire outstanding amount will then become due immediately.
- You are not entitled to assert a right of retention or set-off against our payment claims, unless these are undisputed or recognized counterclaims.
- If you are in default of payment or otherwise in arrears, we are entitled to refuse performance or delivery until all due payments have been made. Furthermore, we are entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage incurred. These rights shall apply without prejudice to any other contractual or statutory rights and claims of mine.
§ 4 Conclusion of the contract
- In the case of coaching, the initial preparatory meeting between me or my employees and you forms the basis for the counseling service. You contact us via email or contact form.
- The initial meeting lasts about 45 minutes and takes place via Webex/Zoom. During the initial meeting, we will clarify any questions you may have about the process, the content and the payment options, as well as whether our offer is suitable for you and your request. Afterwards, you let me know directly in the conversation or by e-mail whether you would like to work with us.
- Offer: We will send you our offer by e-mail as a PDF file and offer you the binding conclusion of the contract. Acceptance: You accept the offer in writing by e-mail and the contract is concluded. By accepting the offer, you agree to our GTCs. As soon as we have received your consent electronically, you will receive the invoice by e-mail as agreed.
- As a payment option you can pay in advance. The total invoice amount is due immediately upon commissioning. As soon as your payment has been received, you are entitled to our corresponding counter-performance.
§ 5 Term of contract and termination
- The respective duration of our contract depends on the booked coaching (offer). As a rule, the contract ends automatically through fulfillment. This means that you have paid our entire fee and we have rendered the corresponding service in return. You have a fourteen-day right to cancel the contract. After this period, this contract can no longer be cancelled.
- The extraordinary right of termination of each party remains unaffected. An extraordinary right of termination on our part exists in particular if you are more than twice in arrears with payments, if you intentionally violate provisions of these GTC and/or intentionally or negligently commit prohibited acts or if our relationship of trust is permanently disturbed.
§ 6 Duration of a coaching session and place of coaching
- The duration of a coaching session is usually 60 minutes.
- As a rule, there are 1:1 coaching sessions or group coaching sessions.
- The coaching takes place online via Webex.
§ 7 Scope of services and unused services
- The scope of coaching services depends on the offer.
- A booked appointment must be canceled in writing by email at least 48 hours before the start of the coaching session. Otherwise your coaching appointment will be canceled and cannot be rescheduled. The payment will be retained.
- If you repeatedly cancel a booked appointment, no further appointment has to be offered. This appointment will then be forfeited. The right to payment for the appointment remains. The payment for the appointment will be retained. There is no entitlement to a refund.
- As the appointments take place online, there is the possibility, especially for group appointments, to look up the recorded appointments. There is no entitlement to attend the appointment live. Appointments are communicated well in advance so that participants can reserve the time.
- If you cancel a booked coaching session, you are not entitled to a refund of any payments you have made unless you provide a medical certificate.
§ 8 Cancellation of coaching by Dr. Dominik Klug
- We are entitled to cancel a coaching session (1:1 or for groups) if I fall ill at short notice and no substitute can be provided.
- In the aforementioned case we will first try to find an alternative date. If this is not possible, you will be refunded the participation fee. Further costs, such as any accommodation and travel costs incurred by you, will not be covered.
- If you act contrary to the contract by violating these general terms and conditions, we have the right to exclude you from the coaching programme. This is especially the case if you disturb the course of the coaching programme and do not refrain from doing so even after being asked to do so, or if you repeatedly fail to keep to agreements made (e.g. appointments). In this case, no costs will be refunded.
9 Intellectual property – right to use the digital content or the documents from the coaching programme
- Audio/video and PDF files, accompanying emails and other documents may be accessed (downloaded) and printed by you as the client and only for your own use. The downloading and printing of files is only permitted within this framework. In this respect, you as the customer may also have the printout made with the technical support of third parties (e.g. a copy shop). For the rest, all rights of use to the files and documents remain reserved to us. This means that the samples and documents and also the knowledge imparted may not be made available to third parties, either free of charge or for a fee. The documents are also not intended for use in consultancy.
- Therefore, in particular, the making of copies of files or printouts for third parties, the passing on or forwarding of files and documents to third parties or any other utilization for purposes other than one’s own studies, whether against payment or free of charge, requires the express prior written consent of us during and also after termination.
- The trademarks and logos listed on the documents enjoy protection under trademark law. As a customer, you are obliged to use the documents and files to which you have access only within the scope expressly permitted here or permitted by mandatory statutory regulation even without our consent and not to promote unauthorized use by third parties. This also applies after termination, revocation or cancellation of participation.
- Forms of use which are permitted by virtue of mandatory statutory provisions are naturally excluded from this reservation of consent.
§ 10 Collection, storage and processing of your personal data
1. In order to carry out and process a booking, I need the following data from you:
- First and last name
- E-mail address
- Health data (blood values, information about allergies etc.)
- For entrepreneurs also company name and UID number
- Health insurance number
- Login data of the health tracking gadgets
2. In the case of chargeable services, the name information, in particular the company name, must be correct. The same applies to the address. The invoices will be issued on the basis of this information. Should corrections be necessary, this may lead to additional expenses, which I will charge at a reasonable rate.
3. In case of a change of personal data, especially in case of a change of email address, please inform me by email to firstname.lastname@example.org.
4. The weekly group coaching sessions/live calls are recorded. By agreeing to the offer, you consent to the recording of the weekly live calls. Separate consent is given via Zoom at the start of the respective live call.
§ 11 Own provision of suitable IT infrastructure and software
As the client, you are responsible for providing and guaranteeing Internet access (hardware, telecommunication connections, etc.) and the other technical equipment and software necessary for the use of our online offers (in particular web browsers and PDF programmes such as Webex, Acrobat Reader) yourself and at your own expense and risk.
§ 12 General information on the coaching programme / duty to cooperate
- The coaching programme is based on cooperation and mutual trust.
- Participation in the coaching programme requires a willingness to learn on one’s own responsibility. In this context, I would like to point out that coaching is a free, active and self-responsible process and that certain successes cannot be guaranteed. The contracts we conclude are service contracts, unless expressly agreed otherwise. The object of the contract is therefore the provision of the agreed services, not the achievement of a specific success. In particular, we do not owe a specific economic result. Our opinions and recommendations prepare your decision. They can in no case replace it. We are merely a facilitator in the process and provide assistance, samples and instructions. You alone are responsible for the implementation and the making of decisions. There is no promise of success and no promise of a cure.
§ 13 Protection of know-how and confidentiality
- You are aware of the fact that all information which you receive during our cooperation about the way we provide our services (ideas, concepts and operational experience (know-how) developed by me) and which must be kept secret due to legal regulations or the nature of the matter, are subject to business secrecy. For this reason, you undertake to keep the business secret and to maintain confidentiality about the aforementioned information.
- Within the framework of a reference agreed upon in writing, you are entitled to speak/write about the manner of cooperation with me.
- The obligation to maintain confidentiality shall survive the end of our cooperation.
- The following information is not affected by the obligation of confidentiality
• was already known before the obligation of confidentiality,
• which was developed independently by us,
• was or is publicly available at the time of receipt of the information or subsequently became publicly available through no fault of your own.
- An appropriate contractual penalty shall be due for each breach of the confidentiality obligation.
§ 14 Confidentiality of both parties
- We undertake to maintain confidentiality about all confidential information of yours during and after the end of the coaching programme.
- You are obliged to maintain secrecy about all information that is to be treated as confidential, of which you gain knowledge in the course of the cooperation, and to only use this information towards third parties with our prior written consent. This also applies to all documents that you receive from us in the context of the coaching programme or to which you have access.
- In group programmes the duty of confidentiality also applies to confidential information of the other participants which you learn about them in the course of the programme.
§ 15 Liability for content
- The files and documents issued by me are samples which you must adapt to your needs. No liability is assumed for the completeness and topicality of these samples.
- I reserve the right to optimize and adapt the contents at any time.
§ 16 Use of subcontractors
- We are authorized to use subcontractors on our own behalf without your separate consent. For example, we may commission established doctors to perform medical services or enter into cooperation with experts with the corresponding professional qualifications.
- We have concluded a confidentiality agreement with the subcontractor.
§ 17 Limitation of liability
- We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and the observance of which you may regularly rely on. In the latter case, however, we are only liable for the foreseeable damage typical for the contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.
- The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
- Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of the offer.
- All of the aforementioned limitations of liability also apply to our vicarious agents.
§ 18 Force majeure
- Force majeure shall be deemed to exist if an external event occurs which has no operational connection and which cannot be averted even by exercising the utmost care that could reasonably be expected. Force majeure shall be assumed in the case of natural disasters (floods, earthquakes, natural disasters, storms, hurricanes, fire, political events (wars, civil wars), as well as other events such as epidemics, pandemics, diseases and quarantine orders by authorities, countries and states.
The lists are not exhaustive; comparable events such as those mentioned in paragraph 1 also fall under the concept of force majeure.
- The party that first learns of the event shall inform the other party in a timely manner.
- In the event of force majeure within the meaning of paragraph 1, we agree that contractual services will initially be suspended for the duration of the hindrance. I.e. our respective services will be suspended for the time being. Fees already paid in advance for consultations, events, courses etc. remain with me for this period. If payments still have to be made by you, the payments for services already rendered are still to be made by you. For services not yet rendered, you can pause payment for the period of the contract suspension.
- After the end of the unforeseeable event, the contract will be resumed.
- Further possible damages are to be borne by each party.
- If the event lasts longer than 12 months, we are each entitled to terminate the contract in text form with a notice period of 3 weeks to the end of the month.
- The services already rendered by us are to be paid by you. Fees paid in advance are to be reimbursed by us. If you have made a payment to secure a guaranteed place in one of our courses, this fee will not be refunded, as the service in return for securing a place for you was provided by us and is due regardless of whether the course takes place or not. Also in the case of this cancellation, everyone is responsible for any further expenses (e.g. hotel bookings, flight bookings etc.).
- In the event that the event lasts longer than 18 months, the contract will be terminated. We will then draw up a final account. This statement will list our services and the payments you have made. In the event that you still have to make payments for services already rendered, these must be paid within 14 days of receipt of the final statement.
- If there is a credit in your favor, you can use it in the form of 1:1 coaching sessions or in the form of further use of the Circle app (at a corresponding value) with us.
§ 19 Amendment of these GTC
These GTC may be amended if there is an objective reason for the amendment. This can be, for example, changes in the law, adjustments to our offers, changes in case law or a change in economic circumstances. In the case of significant changes that affect you, we will inform you in good time about the planned changes. You have a 14-day right of withdrawal after being informed. After expiry of this period, these new regulations become an effective part of the contract.
§ 20 Final provisions
- The terms and conditions written here are complete and final. Changes and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between us regarding the respective agreed content of the contract – whereby e-mail (text form) is sufficient.
- Should individual provisions of this contract be or become invalid, this shall not affect the remainder of the contract. The scope of services agreed in the provision shall then be adjusted to the legally permissible extent.
Date 02/ 2023