Terms and Conditions

Our general terms and conditions of business consist of a general section and a specialised section. The specialised section concerns our respective training and consulting services. Please read the entire general section and the parts of the specialised section dealing with the training or consulting service you have selected. The regulations from the general section apply unless something different is specified in the specialised section for the individual consulting services.

A. GENERAL SECTION

§ 1 Offer and Conclusion of Contract
The following applies when you register (“booking”) for our training and consulting services via our website: Your “booking” is to be understood as an offer as per § 145 of the German Civil Code (BGB). We accept this offer with our “booking confirmation”. We will send you the “booking confirmation” by email.

§ 2 Right of Cancellation, Effects of Cancellation 
If you are a consumer, you are granted a right of cancellation as per § 312d, section 1 of the BGB:

Cancellation Policy

(1) Right of Cancellation
You may cancel your contract in written form (e.g. letter, fax, email) within two weeks of placing your order without providing a reason. The time limit begins after receipt of this policy in written form, but not before the conclusion of the contract or before the fulfilment of our information obligations as per § 312c, paragraph 2 of the BGB in conjunction with § 1, paragraphs 1, 2 and 4 of the Ordinance on Information Duties as an Appendix to the German Civil Code (BGB-InfoV) as well as our obligations as per § 312e, paragraph 1, sentence 1 of the BGB in conjunction with § 3 of the BGB-InfoV. The timely sending of the cancellation satisfies the adherence to the cancellation time limit. The cancellation is to be sent to:

Via Post:
TRESS ACADEMIC GbR, Münchner Strasse 30 E,
D-82152 München-Planegg, Germany
Via Email:
info@tressacademic.com

(2) Effects of Cancellation
All services received on both sides are to be returned and any benefits (e.g. interest) are to be surrendered in the event of a valid cancellation. You must provide us with compensation if you are unable to return the service received in whole or in part or can only return it in a deteriorated condition. Obligations for the refunding of payments must be met within 30 days. Your time limit begins with the sending of your cancellation; ours begins with its receipt.

(3) Special Note
In the event of a service, your cancellation right expires prematurely when your contractual partner begins providing the service with your express permission before the expiration of the cancellation deadline or if you have caused them to do so (e.g. by taking part in training, use of consulting services, et cetera).

§ 3 Fees
(1) The fees listed in the product descriptions on our website are inclusive of the value-added tax levied in Germany insofar as this is applicable and nothing to the contrary has been agreed to.
(2) Costs for the travel, overnight accommodation and board of our employees (travel expenses) are are included in the above-mentioned fee, unless they are stated separately. Our corporate headquarters in Munich-Planegg will be considered the starting point for the determination of travel expenses.
(3) Payment is to be made to the following account:
Commerzbank AG, Munich, Germany
IBAN: DE82 7008 0000 0793 1669 00
BIC (SWIFT): DRES DE FF 700
(4) The payments will be made in Euros (€). You will bear any bank fees for payments from abroad.
(5) The fees are to be paid within 14 days of invoicing. Default interest will be assessed at 5% over the respective basic annual interest rate. We reserve the right to claim higher damages caused by delay. In the event that we claim higher damages caused by delay you have the opportunity to prove that the damages being claimed were not incurred at all or at least to a significantly lesser extent.

§ 4 Offsetting and Rights of Retention
(1) You only have the right to offset if your counterclaims have been deemed legally valid or are undisputed.
(2) You are only authorised to exercise a right of retention to the extent that your counterclaim comes from the same contractual relationship.

§ 5 Beginning of the Provision of Services
(1) The beginning of the provision of service (start of training or consulting services) by us requires the timely and proper fulfilment of your obligations. We reserve the right to claim non-fulfilment of contract.
(2) If you are in default of acceptance or culpably violate other cooperation obligations we are authorised to request compensation for all damages this causes us, including possible additional expenses. We reserve to further claims. You retain the right to prove that damages in the amount requested were not incurred at all or at least to a significantly lower amount.

§ 6 Scope of Our Consulting Services and Your Responsibilities
(1) The consulting services will be provided by us, our employees or freelancers.
(2) Our consulting services in publication include support, suggestions and general thoughts for possible methodical and strategic approaches to publishing in general. We cannot guarantee a successful publication. The content of the publication is your responsibility. The publishing of the publication is also your responsibility. We are expressly not liable for any damages incurred in this context.
(3) Our consulting services in conducting a PhD study include support, suggestions and general thoughts for possible methodical and strategic approaches to conducting a PhD study in general. We cannot guarantee the successful awarding of a doctoral degree. The content of the doctorate is your responsibility. The publication and completion of the doctorate is also your responsibility. We are expressly not liable for any damages incurred in this context.
(4) Our consulting services in efficiency and time management include support, suggestions and general thoughts for possible methodical and strategic approaches to work more efficiently in general. We cannot guarantee successful implementation. The content of the work and implementation is your responsibility. We are expressly not liable for any damages incurred in this context.

(5) Our consulting services in presenting include support, suggestions and general thoughts for possible methodical and strategic approaches to presenting in general. We cannot guarantee a successful presentation. The content of the presentation is your responsibility. The preparation and delivery of the presentation is also your responsibility. We are expressly not liable for any damages incurred in this context.
(6) Our consulting services in job applications include support, suggestions and general thoughts for possible methodical and strategic approaches to applying for academic jobs in general. We cannot guarantee a successful application or job offer. The content of the application is your responsibility. The preparation and presentation of the application is also your responsibility. We are expressly not liable for any damages incurred in this context.
(7) Our consulting services in supervision include support, suggestions and general thoughts for possible methodical and strategic approaches to supervising PhD students in general. We cannot guarantee a successful supervision process or a completed doctorate. The content of the supervision is your responsibility. The supervision of PhD students is also your responsibility. We are expressly not liable for any damages incurred in this context.

§ 7 Written Form of Termination
Insofar as a termination of the contract concluded with us is permissible, this must be made in writing.

§ 8 Our Ethical Standards – Confidentiality of Scholarly Content
(1) We work on behalf of various scholars, universities and research institutions in different countries. We are aware that they are in competition with each other. For this reason, we assure you that we treat all scholarly matter confidentially and do not provide it to third parties unless you have expressly approved this.
(2) All material (manuscripts, drafts, theses, presentations, project proposals, application letters, CVs,and alike) that we evaluate on your behalf will be treated confidentially. We respect the protection of the intellectual property of all material sent to us. We do not make any claim to co-authorship of the manuscripts to be published or presentations to be held based upon our consulting services.

§ 9 Confidentiality of Personal Information
We treat your personal information confidentially and do not provide it to third parties without your permission. We follow the national and European rules for data protection and privacy (GDPR). Please read our full privacy policy (LINK).

§ 10 Documents Provided, Recording of Consulting Services
(1) We retain copyright of all documents, such as training and consulting documents, provided to you in conjunction with the provision of our services. These documents may not be made available to third parties unless we give you our express written permission to do so. This also applies to internal duplication, distribution and usage within institutions/universities, insofar as this extends beyond private use or the purposes of scholarly usage.
(2) Our consulting services may not be recorded on audio, photographic or video media.

§ 11 Other
(1) Our contract with you and the entire legal relationship of the parties is subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction is Munich, Germany.
(3) All agreements made between you and us for the purposes of executing a contract are included in this contract in writing.
(4) Should individual conditions of this contract be or become unenforceable or contain holes, the other conditions will not be affected by this. Both parties respectively obligate themselves to agree upon a legally permissible condition which comes closest to the financial purpose of the unenforceable condition and/or fills this hole to take the place of the unenforceable condition.

 

B. SPECIALISED SECTION

I. Online Course

§ 1 Scope of Services
(1) Our services include the provision of an online course, the course documents and course material for download through an online teaching platform. The access to Internet and computer facilities is not included. You are responsible for your own access to the online platform.
(2) The online course is not dependent on a specific number of participants. Only for technical reasons could individual course sessions possibly be re-scheduled or delayed.

(3) The online course is scheduled at fixed starting times.

§ 2 Fees and Payment
We charge a course fee.

§ 3 Changing of the Time of the Course with Good Cause
Changes to the time of the course are not permissible unless there is good cause and the change is reasonable to you when taking our interests into consideration.

§ 4 Cancellation, Non-Participation in Course
(1) We can cancel the contract with good cause. The course fee you have paid will be fully refunded in this extraordinary case. Alternatively, you can receive a credit for a later course. Other expenses (e.g. for equipment) which you have incurred as a result of our cancellation will not be reimbursed.
(2) You can cancel this contract at any time up to 30 days after purchasing your seat in the online course. At a later time, the course fee will not be refunded.
(3) The following applies after the beginning of the course: You may not ordinarily cancel the contract. We will charge the entire course fee if you do not participate in the course for a reason for which you are responsible or is within your sphere of risk. Illness, other impairments and traffic problems which affect you are expressly included amongst these.
(4) Your right of cancellation with good cause remains unaffected.

II. In-House Course

§ 1 Scope of Services
(1) Our services include the training in the facilities provided by you at the fixed training time as well as the generation of the training documents.
(2) You are responsible for providing the training facilities at the fixed training time, the necessary training technology and board for the participants.
(3) Our in-house trainings are designed for a maximum number of participants stated in the course description on our website and in the course contract. Training documents will be provided for this number of participants. You can freely select these participants. We will not lower the fee if less people participate. For some courses, it is possible to conduct a training with more than the stated number of participants, but this requires our agreement and a charge will be applied to every additional participant.

§ 2 Fees and Payment
(1) We charge a training fee. Costs for the travel, overnight accommodation and board of our trainer are included unless they are stated separately.
(2) Thirty percent of the training fee is to be paid in advance. The remainder is to be paid directly after the completion of the training.

§ 3 Changing of the Time of the Training with Good Cause
(1) We are allowed to make up for the training if we are prevented from conducting the training at the agreed time with good cause for which we are not culpable. Good causes expressly include force majeure, the illness of the trainer, strikes, accidents and severe traffic conditions.
(2) You are obligated to agree to another, reasonable training time within 12 months of the original planned beginning of the training.

§ 4 Cancellation
(1) You can cancel this contract normally at any time up to the beginning of the training. We will then charge the following fees: You are to reimburse any costs for travel, overnight accommodation and board which we have incurred. If your cancellation takes place three months or less prior to the beginning of the training, we will charge a flat rate of 30% of the training fee to cover the costs we have incurred. You do have the option to prove that we have not actually incurred these costs or that the costs incurred are significantly less than claimed. In this case, you are only obligated to pay those costs which have actually been incurred.
(2) The following applies after the beginning of the training: You may not ordinarily cancel the contract. We will charge the entire training fee if the training does not take place for a reason for which you are responsible or is within your sphere of risk. Workplace circumstances, illness, other impairments and traffic problems which affect the course participants are expressly included amongst these.
(3) Your right of cancellation with good cause remains unaffected.

III. Consulting and coaching services

§ 1 Scope of Services
(1) Our services include the individual consulting via email, telephone or video link as well as a written consulting report.
(2) Our publishing consulting and evaluation services are of an editorial nature. They do not include the creation of missing sections of manuscripts or expert evaluation of scholarly quality or relevance.
(3) Our job application consulting and evaluation services are of a general nature. They do not include the creation of missing sections of application material or the expert evaluation of the scholar’s qualification for the applied academic job.

§ 2 Fees and Payment
(1) We charge a consulting fee.
(2) This fee will be charged after the end of the consulting period.

§ 3 Scope of Services
Consultation and evaluation services are created individually based upon your needs and the material that you provide us with. If you request support for a manuscript or a job application other than the one you submitted to us during the consultation and/or evaluation, we will regard this as a separate order.

§ 4 Cancellation
(1) We can cancel the contract with good cause.
(2) You can cancel this contract normally at any time up to the beginning of the consulting.
(3) The following applies after the beginning of the consulting: You may not ordinarily cancel the contract. We will charge the entire consulting fee if the consulting does not take place for a reason for which you are responsible or is within your sphere of risk. Illness, other impairments and traffic problems which affect you are expressly included amongst these.
(4) Your right of cancellation with good cause remains unaffected.

IV. E-Books and E-Publications

§ 1 Scope of Services
(1) Our services include the provision of an E-Book to be downloaded as PDF document through our website or a partner website. Access to Internet and computer facilities is not included but required to download an e-book. You are responsible for your own access to the Internet.
(2) The E-Book can be downloaded, saved and printed for your private purposes.

§ 2 Fees and Payment
We charge a fee for the E-Book ahead of the download.

§ 3 Transferability of the E-book
You must not distribute the E-book to third parties.

§ 4 Free E-Publications
You are welcome to distribute our free E-Publications that are available to download from our website to third parties. You always have to refer to TRESS ACADEMIC as the author of the publication and as the source of download.

§ 5 Cancellation
(1) After downloading the E-Book, you cannot cancel this contract. The E-Book fee will not be refunded.

(2) Your right of cancellation with good cause remains unaffected.

TRESS ACADEMIC GbR
Münchner Strasse 30 E, D-82152 Munich-Planegg, Germany
Phone +49.89.89556395
info@tressacademic.com, www.tressacademic.com

Amended: September 2018