Legal · Partners
General Terms and Conditions for Partners
Entity
OFW Organisationsforum Wirtschaftskongress gemeinnützige GmbH
Address
Engelbertstraße 13, 50674 Cologne — Germany
Legal
AG Cologne, HRB 78398
Managing Directors
Tareq Hübener, Stanley Kadanik
§ 1
General
- These General Terms and Conditions (GTC) apply to all business-related actions between OFW Organisationsforum Wirtschaftskongress gemeinnützige GmbH (hereinafter "OFW") and individuals who, under the law, are not consumers as defined in § 13 BGB (German Civil Code). Unless agreed otherwise, the language spoken during OFW's events is English.
- The contract is based solely on the following conditions. Any other conditions an individual may pose will not become part of the contract, even if OFW does not expressly refuse to accept those conditions.
§ 2
Conclusion of Contract
- The individual receives an offer from OFW in the form of a letter or an email. This constitutes a binding offer, including a detailed description of the obligations to be fulfilled by both parties. The contract is concluded upon the individual's acceptance.
- Any later changes to the subject or scope of those obligations require the consent of both parties. Additional obligations are to be compensated adequately.
§ 3
Payment
- Unless agreed otherwise, the individual's payments are due within one month of receiving the invoice.
- In the event of default as defined in § 286 (3) BGB, OFW may charge interest on the outstanding amount of up to 9 percentage points above the base interest rate as defined in § 288 (2) BGB.
§ 4
Liability
- OFW is only liable for damages caused by intent or gross negligence. This does not apply to bodily harm or damage to life and health resulting from a breach of duty by OFW or any of its vicarious agents, for which liability remains unrestricted.
- In the case of a breach of a cardinal duty, both parties are liable for both intent and ordinary negligence. Cardinal duties are those that shape the contract and form the basis of trust between the parties — those essential to the successful performance of the contract. For the individual, this explicitly includes timely payment of the agreed installments as well as any agreements related to the "World Business Dialogue". OFW's duties include, among others, granting access to the events and providing the means to carry out workshops and presentations in the course of the "World Business Dialogue".
§ 5
Compliance
- Both parties agree to good conduct, mutual respect, and loyalty in good faith as defined in § 242 BGB (German Civil Code). Both parties agree that the reputation and prestige of OFW — especially of the "World Business Dialogue" — are particularly worthy of preservation by both contracting parties. These compliance obligations persist even after the individual's involvement with OFW has ended.
- If either party violates this compliance agreement and the other party suffers damage as a result, the party at fault is liable in accordance with § 4 No. 1 of these Terms.
§ 6
Non-Disclosure Agreement
- Both parties agree to maintain confidentiality in relation to confidential information. Confidential information shall mean information that is not available to the public and is only available to the individual as a result of their cooperation with OFW in connection with the "World Business Dialogue".
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This explicitly includes:
- Personal and economic relations of OFW and its contractors.
- Corporate secrets and business secrets.
§ 7
Termination of Contract, Withdrawal from Contract
- For good cause, both OFW and the individual may terminate the contract or withdraw from it. Good cause is deemed to exist if there is a breach of a cardinal duty, or a breach of the compliance agreement under §§ 5, 6.
- If a party chooses to terminate the contract, it may claim compensation for any damages incurred.
§ 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 provision will be construed, limited, or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. The parties agree to negotiate in good faith a valid, enforceable substitute provision that most closely reflects 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 remaining provisions of this Agreement will remain in full force and effect.
OFW Organisationsforum Wirtschaftskongress gemeinnützige GmbH — General Terms and Conditions for Partners