GENERAL TERMS AND CONDITIONS FOR PARTNERS
OFW ORGANISATIONSFORUM WIRTSCHAFTSKONGRESS GEMEINNUETZIGE GMBH
- The General Terms and Conditions (GTC) apply to all business-related actions between the OFW Organisationsforum Wirtschaftskongress gemeinnuetzige GmbH (in the following referred to as “OFW”) and those considered individual by law that are not consumers as of §13 BGB (German Civil Code). If not agreed to differently, the language spoken during those events is English.
- The contract is solely on the basis of the following conditions. Any other conditions an individual may or may not pose will not be part of the contract, even if the OFW does not refuse to accept those conditions.
§2 CONCLUSION OF CONTRACT
- The individual receives an offer by the OFW in the form of a letter or an email. This signifies a binding offer, including a detailed description of the installments to be made by both parties. The contract is concluded upon the individual´s acceptance.
- Any later changes aiming towards subject or size of those installments need both parties’ Additional obligations are to be compensated adequately.
§ 3 PAYMENT
- If not agreed to otherwise, the individual´s financial installments are to be made up onto one month after receiving the invoice.
- In the event of default as of §286 – 3BGB the OFW may charge an interest account of delay up onto 9% above the base interest rate as of §288 – 2BGB.
- The OFW is only liable for any damages occurred by intent or by wanton negligence. This excludes bodily harm as well as damages to life and health that occurred because of violation of duty by the OFW or any of its second contractors.
- In the case a cardinal violation, both parties are accountable both for intent and or wanton negligence. Cardinal duties are those that shape the contract and are the basis of trust for the contractor, those that are essential to the successful conduct of the contract. In the case of the individual those explicitly include the timely installments agreed to as well as any agreements related to the “World Business Dialogue”. The OFW duties include amongst others the access to the events and providing the means to carry out workshops and presentations in the course of the “World Business Dialogue”.
- Both parties agree to good conduct, mutual respect and loyalty in good faith as of §242 BGB (German Civil Code). Both parties agree that reputation and prestige of the OFW, especially the “World Business Dialogue” are especially worth of preservation by both contractors. Those compliance duties persist even after the individual´s involvement with the OFW.
- If one of the parties violates this compliance agreement and the other party suffers from a damage because of this violation, the inflicting party is accountable as §4 – 1 of these terms.
§6 NON-DISCLOSURE AGREEMENT
- Both parties agree to maintain a non-disclosure policy in relation to confidential information. Confidential information shall be those not available to the public and only available to the individual because of a cooperation with the OFW in relation to the “World Business Dialogue”.
- This especially includes:
- Personal as well as economic relations to the OFW as well as its contractors.
- Corporate secrets and business secrets.
§7 TERMINATION OF CONTRACT, WITHDRAWAL FROM CONTRACT
- If there is a good reason, the OFW as well as the individual may terminate the contract or withdraw from the contract. A good reason is considered as given if there is a violation of a cardinal duty present or there is a violation of the compliance agreement as in §§5,6.
- If a party chooses to terminate the contract, they can request any damaged occurred to be made up for.
§8 APPLICABLE LAW, PLACE OF JURISDICTION
- German federal law applies.
- The place of jurisdiction is Cologne.
§9 SEVERABILITY CLAUSE
If any provision in this Agreement is held invalid or unenforceable by a body of competent jurisdiction, such as provision will be construed, limited or, if necessary, severed to the extend necessary to eliminate such invalidity or unenforceability. The parties agree to negotiate in a good faith a valid, enforceable substitute provision that most nearly effects the parties’ original intent in entering into this Agreement or to provide an equitable adjustment in the event no such provision can be added. The other provisions of this Agreement will remain in full force and effect.