General Terms and Conditions
1. Scope of application
1.1 These General Terms and Conditions apply to the contractual relationship between us, Employers for Equality GmbH (hereinafter: Organizer) and the Partner Company.
1.2 The services offered by the Organizer only apply vis-à-vis entrepreneurs within the meaning of Section 14 German Civil Code (“BGB”). The Organizer does not conclude contracts with consumers.
1.3 Conflicting contractual provisions that contradict these General Terms and Conditions shall not be deemed accepted unless the Organizer has expressly agreed to the conflicting contractual provision in writing. The Organizer’s silence in response to contractual provisions of the Partner Company has no explanatory value.
1.4 The Partner Company agrees to receive electronic communication, e.g. in the form of e- mails, from the Organizer for contractual purposes.
2. Values of Employer for Equality GmbH
The Organizer and its Partner Companies are actively committed to diversity and equal rights. We promote fairness in the world of work and in society. The Organizer supports the Partner Companies in actively and sustainably implementing this change.
3. Contractual partner
3.1 Partner Companies are companies that have entered into a contractual relationship with
Employers for Equality. This is indicated by the name given on the respective registration.
3.2 Partner Companies can be any natural or legal person or any partnership with legal capacity that acts in the exercise of its commercial or independent professional activity in relation to participation in Employers for Equality events or in the context of another type of partnership.
3.3 Employees of a Partner Company or other natural persons in a contractual relationship with the Partner Company are not contractual partners.
3.4 The respective Partner Company shares the values of the Organizer.
4. Conclusion of contract
4.1 In order to participate in the Organizer’s events as a Partner Company and to acquire membership, registration is required. For this purpose, the official Employers for Equality registration form must be completed in full and legally signed and submitted to the Organizer. It is preferred that the registration form is submitted to the e-mail address info@employers-for-equality.de. Upon receipt by the Organizer, the registration constitutes a binding offer by the Partner Company.
4.2 The Organizer shall check the data given by the Partner Company immediately after receipt of the registration. There is no legal entitlement to the registration as a Partner Company. The Organizer reserves the right to refuse the conclusion of a contract with a Partner Company. This applies in particular if the Partner Company is not compatible with the Organizer’s values or if the Organizer still has outstanding and due claims against the Partner Company.
4.3 After checking the data, the Organizer shall inform the Partner Company immediately of its decision to conclude the requested contract. This decision may be made in writing or electronically.
4.4 As part of an onboarding process, the Partner Company is enabled to make full use of the Organizer’s training program at the time of the agreed start of membership.
This is done in two steps:
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- – the general email addresses specified by the Partner Company and belonging to the Partner Company are stored in the Organizer’s system, thus enabling employees of the Partner Company to register. In addition, the Partner Company is provided with its own login area on the website www.employers-for-equality.de, in which the Partner Company can track the number of its own registrations for the events.
- – In personal contact (via online meeting), the registration and participation process for the continuing education program is explained to the assigned contact persons of the Partner Company and all information necessary for using the program is passed on. In addition, the Partner Company is given the names of the Organizer’s contact persons who are available for further questions and discussions taking place regularly.
5. Services and prices
5.1 The Organizer supports the Partner Company with training programs in the implementation and promotion of equal rights, diversity and inclusion in corporate life.
5.2 The specific content of the contract and the prices are set out in the respective partner package selected in the registration form. All prices are subject to statutory VAT and are payable in Euros.
5.3 After a contract term of at least one year, the Organizer may approach the Partner Company and demand an appropriate higher remuneration than that agreed. The Partner Company may agree to this new remuneration offer or withdraw from the contract within a period of six weeks after receipt of the offer. Otherwise, the contract shall continue under the previous conditions.
5.4 After conclusion of the contract, the Organizer shall send the Partner Company the invoice for the booked services. The invoice amount is due and payable within 14 days of receipt of the invoice. Payments must be made without deduction to the account stated on the invoice, stating the invoice number.
5.5 The Organizer informs the Partner Company about individual events via the event calendar, monthly by e-mail or as part of the calendar integration provided by the Organizer.
6. Start of contract and term
6.1 Membership and entitlement to the agreed services begins on the first day of the month
following the signing of the registration form.
6.2 The contract term is 12 months from the start of the contract (basic term). If the Partner Company does not terminate the contract in writing or electronically 6 weeks before the end of the contract term, the contract is automatically extended by the duration of the basic term. The right to extraordinary termination remains unaffected.
7. Termination
7.1 Notice of termination must be given in writing or in electronic form.
7.2 Ordinary termination is only possible in accordance with Clause 6.2 with a notice period of six weeks before the end of the contract.
7.3 Each contracting party has the right to extraordinary termination for good cause, in particular if
a.) there is a material breach of contract by one of the parties,
b.) a contracting party is dissolved or otherwise loses its legal capacity,
c.) a contracting party becomes overindebted or insolvent or insolvency proceedings are opened against a contracting party,
d.) it subsequently becomes known that the Partner Company or representatives of the Partner Company do not represent the values of the Organizer or damage the values of the Organizer through their public appearance.
8. Participation in events
8.1 Once the contract has been concluded and the onboarding process has been completed, the Partner Company will receive ongoing invitations to events within the scope of the contract. Depending on the partner package selected, the Partner Company can register people for an event (participants). For this purpose, the Partner Company transmits the names of the participants to the Organizer in writing or electronically upon registration.
8.2 The start and duration of the event are based on the information provided to the Partner Company. They may be subject to change as part of the event planning and depending on the circumstances. The Partner Company will be informed of these changes by the Organizer as soon as possible.
8.3 The number of participants in an event may be limited. Therefore, a first-come-first-serve principle applies. Organizer does not guarantee that the Partner Company will be able to exhaust its booked seats at individual events.
8.4 In the case of an online event, participants will be sent an invitation link in good time before the start of the event. The Partner Company shall ensure that only registered participants take part.
8.5 The Partner Company is entitled to cancel individual bookings of participants up to five days before the start of the event.
8.6 The Partner Company is entitled to replace participants before the start of the event. In this case, the Partner Company must provide the name of the new participant in writing or electronically before the start of the event.
9. House rules and safety regulations for face-to-face events
9.1 The Organizer is bound by the house rules of the event venue. Partner Companies undertake to accept and comply with the venue’s house rules. The Organizer undertakes to inform the Partner Company of any special elements of the house rules (e.g. safety/confidentiality requirements to be observed). The house rules are an integral part of the contract.
9.2 The Partner Company shall inform all its registered participants of the house rules and how to comply with them.
9.3 The Partner Company shall comply with all statutory, official and other applicable accident prevention regulations and safety rules during any set-up and for the duration of the event.
9.4 The Organizer is entitled to ensure compliance with the safety regulations at any time. It is entitled to immediately remove any non-compliant condition at the expense of the Partner Company and to prohibit non-compliant operation at any time.
9.5 The Partner Company shall comply with requirements and directives based on public emergency regulations, such as smog regulations and emergency laws.
9.6 If local trade and health permits are required, these must be obtained and kept available by the Partner Company in good time before the start and for the duration of the event.
9.7 The contractual content may only be used for legally permitted purposes. The Partner Company shall comply with the statutory provisions, in particular the provisions of copyright law and data protection law.
10. House rules and safety regulations for online events
10.1 Access to the respective online platform is tied to the participant. Only the participant may use the access link to the respective event. Passing on the access data is prohibited unless the Organizer has given its consent. The Partner Company shall ensure that the access data is not passed on or made accessible to unauthorized third parties. The access data must be stored carefully.
10.2 The Organizer is not liable for damage caused by access data that falls into the hands of third parties. The Organizer must be informed immediately of any suspected misuse of this data.
10.3 The contractual content may only be used for legally permitted purposes. The Partner Company shall comply with the statutory provisions, in particular the provisions of copyright law and data protection law. The Partner Company shall inform its participants of these obligations.
10.4 Partner Company shall not modify, delete, suppress or render unusable data/content of the Organizer without authorization and/or to use it for any purpose other than its intended use. The Partner Company is responsible for ensuring that the content posted by the respective participants is free of viruses, worms, Trojans or other programs that could endanger or impair the functionality of the online event.
10.5 An online event may not be used to disseminate defamatory, pornographic or other unlawful material, to threaten or harass others or to violate the rights (including personal rights) of others.
It is forbidden to disseminate statements or content that contradict the values of the Organizer.
In particular, it is prohibited to publish or disseminate content or forum posts of the following kind:
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- – Any mention of other participants’ data
- – Offensive content of any kind
- – Discrimination or defamation by name (personal insult) of participants or the Organizer
- – Defamatory or slanderous posts against other participants or the Organizer
- – Public request to delete content, comments or participants.
- – Quotes from private messages (post, e-mails, etc.) from other participants or the Organizer
- – Advertising for competing companies
- – Pursuit of commercial interests, political or ideological objectives (in particular using symbols or signs, as well as signature campaigns, calls for expressions of opinion, meetings, etc.).
10.6 Participants are prohibited from sending spam within the framework of the event’s means of communication; this includes, in particular, all messages unwanted by the recipient.
10.7 The Organizer is entitled not to allow content, entries and other information that violate the terms of use to be posted, to modify, block or remove them. The Partner Company and its participants cannot demand from the Organizer to remove or exploit the content, entries or other information, the lifting of a block or to reinstate the content, entries or other information that has already been removed.
10.8 In the event of serious violations, the Organizer has the right, at its reasonable discretion, to temporarily or permanently exclude participants or a Partner Company from one or more events with immediate effect. In the case of simple violations, the temporary or permanent exclusion must always be preceded by a request to refrain from the offending behavior. If a Partner Company or participant is excluded, they shall not register again under a different account or participating in the event in any other way. The Organizer reserves the right to assert any existing contractual and/or legal claims against the Partner Company.
10.9 The Partner Company expressly agrees that all contributions personally created by it or its participants may be used for the purposes of the event, even if they are protected by copyright.
11. Cancellation, postponement, discontinuation and modification of events
11.1 If events do not take place for reasons for which the Organizer is not responsible (e.g. force majeure) or if an event that has already begun cannot be continued for such reasons, the Organizer shall be entitled to cancel or postpone it. The Partner Company shall be informed immediately by the Organizer in writing or electronically. In such cases, the Organizer and the Partner Company shall endeavor to find an adequate solution. The Partner Company is not entitled to any compensation in such cases.
11.2 The Organizer is entitled to make changes to the program of events even after registration has been confirmed, if this is absolutely necessary (e.g. for compelling technical or organizational reasons) and reasonable for the Partner Company.
12. Sales ban and advertising
12.1 The sale of goods as part of the event activities is prohibited without the prior written
consent of the Organizer.
12.2 Advertising of any kind is only permitted in the form agreed on the registration form.
13. Use of the Organizer’s logo
13.1 The Partner Company may use the Organizer’s logo for advertising purposes for the duration of the contract. For this purpose, the Partner Company is granted a simple right of use that is limited in terms of space, time and content.
13.2 A transfer of this right of use is not permitted.
13.3 Subsequent extensions of the right of use must be made in writing.
13.4 If the Organizer becomes aware that a Partner Company violates the Organizer’s values, the Organizer may also revoke the right of use granted during the term of the contract.
14. Liability
14.1 The Organizer shall be liable in cases of intent or gross negligence on the part of the Organizer or a representative or vicarious agent as well as in the event of culpably caused injury to life, limb or health in accordance with the mandatory statutory provisions. In cases of slight negligence, the liability of the Organizer shall be limited to the foreseeable damage typical for the contract, unless any of the exceptional cases listed in this section applies. Otherwise, the Organizer shall only be liable under the Product Liability Act and for culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfillment is essential for the proper execution of the contract and on
whose compliance a contractual partner may regularly rely) or in the event of fraudulent concealment of a defect. However, the claim for damages for the breach of material contractual obligations is limited to the foreseeable damage typical for the contract, unless one of the exceptional cases listed in this section applies.
14.2 The Organizer assumes no duty of care for the equipment of the Partner Company in the context of events. It shall not be liable for damage such as property damage and financial loss, damage due to theft, damage due to failure of supply systems, damage due to burglary, damage due to public access, except in the exceptional cases specified in Section 14.1.
15. Statute of limitations
Claims for defects become time-barred after 12 months. Excluded from this are claims for damages due to injury to life, body or health that are based on a negligent breach of duty by the Organizer or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Organizer or in relation to other damages that are based on a grossly negligent breach of duty by the Organizer or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Organizer.
16. Data protection
All personal data collected as part of the contractual relationship is processed in accordance with the applicable statutory data protection regulations. Further details can be found in our privacy policy.
17. Miscellaneous
17.1 All agreements with the contractual partner are subject to German law.
17.2 The place of jurisdiction and place of performance for all claims and legal disputes arising from a contractual relationship with the Organizer is the registered office of the Organizer, provided that no mandatory statutory provisions conflict with this agreement.
17.3 In the event that individual clauses of these contractual terms and conditions are wholly or partially invalid or the contractual terms and conditions contain a loophole, the validity of the remaining contractual clauses or parts of these clauses shall remain unaffected. Invalid or missing provisions shall be replaced by the relevant statutory provisions.
17.4 The Partner Company has no right to refuse performance and no right of retention or offsetting against claims of the Organizer unless the claim of the Partner Company has been legally established or is undisputed.
Status: 18.12.2023