General Terms and Conditions of Lukas Huettis, Lukas Huettis - NFT / Web3 Coaching, Nikolaus-Groß-Str. 8a, 51377 Leverkusen
§ 1 Scope
(1) Services and offers from Lukas Huettis - NFT / Web3 Coaching are exclusively based on these General Terms and Conditions. These form part of all contracts that Lukas Huettis - NFT / Web3 Coaching concludes with its contractual partners (hereinafter also referred to as “Customer”) regarding the services offered by him. They also apply to all future services or offers to the Customer, even if they are not separately agreed upon again.
(2) Terms and conditions of the Customer or third parties do not apply, even if Lukas Huettis - NFT / Web3 Coaching does not separately object to their validity in individual cases. Even if Lukas Huettis - NFT / Web3 Coaching refers to a letter or an email that contains or refers to the Customer’s or a third party’s terms and conditions, this does not constitute consent to the validity of those terms and conditions.
(3) These General Terms and Conditions apply regardless of whether the Customer books as a consumer (§ 13 BGB) or as an entrepreneur (§ 14 BGB).
§ 2 Services
(1) Lukas Huettis - NFT / Web3 Coaching provides individual and standardized consulting services with a focus on NFTs, blockchain technologies, and Web3 for private individuals. The services do not include financial investment brokerage or financial investment advice.
(2) Unless expressly agreed otherwise in writing, Lukas Huettis - NFT / Web3 Coaching does not owe the Customer the provision of a work / concrete success.
(3) The Customer must always perform the cooperative actions required of him completely and on time upon first request. If the Customer fails to perform a cooperative action and thus prevents the provision of services by Lukas Huettis - NFT / Web3 Coaching, Lukas Huettis - NFT / Web3 Coaching's entitlement to compensation remains unaffected.
(4) Regarding the services to be provided to the Customer, Lukas Huettis - NFT / Web3 Coaching has the right to determine the performance according to § 315 BGB.
(5) Lukas Huettis - NFT / Web3 Coaching is entitled to have services owed to the Customer performed by agents / subcontractors and other third parties.
(6) Any budget for necessary marketing campaigns of the Customer is not included in the compensation from Lukas Huettis - NFT / Web3 Coaching.
(7) Scheduling and notifications regarding so-called video calls are binding. If a video call is not utilized, there is no entitlement to make up for it unless the reasons for prevention come from the sphere of Lukas Huettis - NFT / Web3 Coaching.
(8) The Customer must always ensure the technical prerequisites for utilizing the consulting services from Lukas Huettis - NFT / Web3 Coaching (e.g., sufficient internet connection, camera and audio-capable computer, video chat client, etc.).
§ 3 Conclusion of Contracts
(1) Contractual agreements between Lukas Huettis - NFT / Web3 Coaching and the Customer may be made verbally, in writing, or in text form. The contents of the contract are derived from the respective offers.
(2) Upon verbal contractual agreement, the Customer can request an order confirmation from Lukas Huettis - NFT / Web3 Coaching, which, however, is not constitutive for the conclusion of the contract.
§ 4 Payments, Prices, Conditions
(1) The prices stated and communicated by Lukas Huettis - NFT / Web3 Coaching are binding. The prices communicated are net prices plus statutory sales tax, if applicable.
(2) Payment for services from Lukas Huettis - NFT / Web3 Coaching is due immediately upon invoicing. The fees for the services from Lukas Huettis - NFT / Web3 Coaching are generally due upon conclusion of the contract unless the offer from Lukas Huettis - NFT / Web3 Coaching states otherwise. A (SEPA) direct debit authorization issued by Lukas Huettis - NFT / Web3 Coaching is valid until revoked, also for further business relations.
(3) If SEPA direct debit is agreed upon during verbal or online contract conclusions with Lukas Huettis - NFT / Web3 Coaching, the Customer must provide Lukas Huettis - NFT / Web3 Coaching with a written SEPA direct debit mandate after the conclusion of the contract in addition to the verbally given consent. The form provided in the annex to these GTC must be used for this purpose.
(4) Lukas Huettis - NFT / Web3 Coaching will issue the Customer a proper invoice stating the sales tax (if applicable) (possibly through agents).
(5) Offsetting with counterclaims is mutually only permissible if the respective other contract partner has acknowledged the offsetting or it has been legally established. The same applies to the exercise of a right of retention by a contracting party.
§ 5 Termination, Duration
(1) The contract has the fixed duration individually agreed between the parties. Early termination is only possible for an important reason.
(2) Terminations require written form to be effective.
§ 6 Default / Extraordinary Termination
(1) Deadlines for the provision of services by Lukas Huettis - NFT / Web3 Coaching do not commence before the invoice amount has been received by Lukas Huettis - NFT / Web3 Coaching and the data necessary for the services are completely available at Lukas Huettis - NFT / Web3 Coaching or the necessary cooperative actions are completely performed.
(2) If the Customer is in default with due payments, Lukas Huettis - NFT / Web3 Coaching reserves the right not to perform further services until the outstanding amount is settled.
(3) If the Customer is in default with at least two due payments in the case of installment payments, Lukas Huettis - NFT / Web3 Coaching is entitled to terminate the contract extraordinarily and discontinue the services. Lukas Huettis - NFT / Web3 Coaching will claim the total compensation due until the next regular termination date as damages.
§ 7 Performance
(1) Lukas Huettis - NFT / Web3 Coaching will perform the agreed services according to the offer with the required diligence. Lukas Huettis - NFT / Web3 Coaching is entitled to use the help of third parties unrestrictedly.
(2) If Lukas Huettis - NFT / Web3 Coaching is prevented from providing the agreed services and the reasons for the hindrance originate from the sphere of the Customer, Lukas Huettis - NFT / Web3 Coaching's entitlement to compensation remains unaffected.
§ 8 Conduct and Consideration
(1) Lukas Huettis - NFT / Web3 Coaching and the Customer give ratings (stars, comments) about each other within social media (e.g., Google My Business) by mutual agreement. Upon first request, the parties will permanently remove ratings and comments about each other. This also applies after the termination of the contract between Lukas Huettis - NFT / Web3 Coaching and the Customer.
(2) If the Customer participates in communities and groups of Lukas Huettis - NFT / Web3 Coaching (e.g., on Facebook or Discord), he is obliged to safeguard the interests of Lukas Huettis - NFT / Web3 Coaching. Lukas Huettis - NFT / Web3 Coaching is entitled to temporarily or permanently exclude the Customer from participation in communities and groups should the Customer (for example, through business-damaging statements) violate or impair the interests of Lukas Huettis - NFT / Web3 Coaching.
§ 9 Right of Withdrawal
(1) Consumers within the meaning of § 13 BGB have a statutory right of withdrawal for distance contracts. Lukas Huettis - NFT / Web3 Coaching provides separate instructions to the Customer about this.
(2) Entrepreneurs (§ 14 BGB) and merchants (HGB) do not have a right of withdrawal for contracts concluded via means of distance communication. Lukas Huettis - NFT / Web3 Coaching does not grant such a right on a contractual basis either.
§ 10 Third-Party Rights
The Customer guarantees that working materials provided to Lukas Huettis - NFT / Web3 Coaching (e.g., photos) are free from third-party rights or that the necessary permissions for the purposes of the main contract are available. The Customer indemnifies Lukas Huettis - NFT / Web3 Coaching to this extent from any third-party claims.
§ 11 Usage Rights
(1) The Customer receives a simple right of use concerning the work and service results created and provided by Lukas Huettis - NFT / Web3 Coaching. Service and work results within the meaning of the underlying contract are all work or services or parts thereof created by Lukas Huettis - NFT / Web3 Coaching 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, software design, (electronic) files, data collections, custom software including associated documentation, manuals, and IT systems in the form of source codes or otherwise). As long as work results are not finished, the corresponding partial results are regarded as work results within the meaning of this contract.
(2) Paragraph 1 applies exclusively under the reservation that the Customer has fully paid the compensation due to Lukas Huettis - NFT / Web3 Coaching according to the main contract.
(3) If installment payment is agreed, the usage right named in paragraph 1, subject to differing individual agreements, transfers only with the complete payment of the last installment to Lukas Huettis - NFT / Web3 Coaching.
(4) The transfer of work and service results by the Customer to third parties (including affiliated companies) is excluded. The same applies to editing according to § 23 UrhG.
§ 12 Liability
(1) Lukas Huettis - NFT / Web3 Coaching is liable for damages – regardless of the legal reason – only for intent and gross negligence. In the case of simple negligence, Lukas Huettis - NFT / Web3 Coaching is only liable
a) for damages resulting from injury to life, body, or health,
b) for damages resulting from the breach of a fundamental contractual obligation (obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, the liability is limited to the compensation of the foreseeable, typically occurring damage.
(2) Within the limits of paragraph 1, Lukas Huettis - NFT / Web3 Coaching is not liable for data and program losses. Liability for data loss is limited to the typical recovery effort that would have occurred with regular and risk-appropriate creation of backup copies. Liability under the Product Liability Act remains unaffected, as does liability for assuming a guarantee.
§ 13 Final Provisions
(1) Deviations from these GTC are only effective if they have been agreed in writing. In individual cases, individual agreements made with the Customer, including side agreements, supplements, and amendments, have priority over these GTC in any case. The content of such agreements is governed by a written contract or the written confirmation of Lukas Huettis - NFT / Web3 Coaching.
(2) The law of the Federal Republic of Germany exclusively applies. The place of fulfillment is the seat of Lukas Huettis - NFT / Web3 Coaching.
GTC Effective as of: October 16, 2022 © Reproduction prohibited
Appendix: SEPA Direct Debit Mandate
I authorize Lukas Huettis, Lukas Huettis - NFT / Web3 Coaching, Nikolaus-Groß-Str. 8a, 51377 to collect due recurring payments from my account via SEPA Core Direct Debit. I also instruct my bank to honor the direct debits pulled by Lukas Huettis, Lukas Huettis - NFT / Web3 Coaching, Nikolaus-Groß-Str. 8a, 51377 from my account. I can request reimbursement of the debited amount within eight weeks, starting with the debit date. The conditions agreed upon with my bank for payments via direct debit in the SEPA Core Direct Debit scheme apply.
First and last name of the account holder
Street and house number of the account holder
Postal code and city
Bank (name and BIC)
IBAN:
Place, date
Signature of the account holder