Note: This is a translation of the legally binding German “Allgemeine Geschäftsbedingungen”, provided for convenience. In the event of a dispute, discrepancy or interpretation difference resulting from the translation, the formulation set forth in the German version shall prevail.
(1) The following general terms and conditions (“T&C”) apply to all contracts in which you (the “Client”)1 make use of the services of TheNextWe GmbH (the “Contractor”) in any way, shape or form.
(2) The general terms and conditions apply exclusively. Terms and conditions of the Client are not applicable. The Contractor hereby expressly objects to the validity of any counter-confirmations of the Client.
(1) Subject of the contract is a goal achievement consultation of the client (“Coaching”) rendered by a dedicated coach staffed by the Contractor.
(2) Part of the coaching happens through an internet-based realtime communication channel (“Chat”). To make use of the Chat the Client will download a mobile software application (“App”) onto their mobile device.
(3) Another part of the Coaching happens on the phone.
(4) The following consulting services are not included in the Coaching and thus not a subject of this contract:
(5) There is no entitlement to be consulted by a specific coach.
(1) The contract takes effect when a Coaching package has been booked with via a written order.
(2) After successfully booking a coaching program it is recommended to download the TheNextWe® App. Otherwise the Coaching services (including the Chat, scheduling and online modules) cannot be used properly.
(5) The services are not intended for Clients less than 18 years old.
(1) The Contractor does not owe a specific consulting success but rather facilitates the provision of a service in the form of Coaching. This applies even when Client and Contractor have discussed specific goals and/or the implementation of the goals in accordance with paragraph 2.
(2) For the duration of the contract, the Contractor owes the following services:
This list is conclusive.
(1) The Client is obliged to proactively ensure that the following technical prerequisites are met.
(2) Usage of the App requires a mobile device
(3) The phone coaching requires a phone line. Any costs for calling a German landline number for the coaching sessions are borne by the Client themselves.
(1) The contract starts at the date and time defined by § 3.
(2) The contract ends at the end of the last day of the booked Coaching program as defined by § 3.
(3) If the Client books another program after the end of the contract, this does not prolong the existing contract but rather constitutes a new contract.
(1) The Client has to ensure that the provided coach receives all necessary information to provide the Coaching services and that they are informed of all relevant issues and circumstances. This also applies to circumstances that arise while the Coaching is ongoing.
(2) Upon request of the Contractor or a coach staffed by the Contractor, the Client has to confirm the correctness and completeness of provided documents as well as their disclosures and oral statements, in writing.
(1) The Contractor is only liable for damage caused by themselves, their employees or staffed coaches, and only if this damage was caused with intent or gross negligence.
(2) To the extent that the Contractor is not accused of any intentional contract violation, the liability for damages shall be limited to the foreseeable damage that typically occurs.
(3) The limitations of liability of these general terms and conditions do not apply to compensation claims in the case of injuries to life and limb or health; in such cases the Contractor shall be liable for each damage caused with intent or gross negligence by them or one of their vicarious agents. Furthermore, the Contractor is liable due to other compulsory legal provisions.
(1) The contractual relationship shall be governed exclusively by German law,
(2) Contractual additions and amendments shall be valid only by mutual agreement and in written form. This shall also apply to an amendment of this written form requirement.
(3) Should individual terms of this contract be or become inoperative, this will not affect the remaining terms of this contract.