§ 1 Scope
1.1 ProvoCoach™ offers you
• coaching both for individuals and groups or teams,
• supervision both for individuals and groups or teams,
• psychotherapy both for individuals and couples, as well as
• trainings and seminars.
As our client you are our contract partner and you arrange with us:
• open per diem measures, which you book as an individual (= o.m.),
• in-house per diem measures for your company, institution or organisation (= i.m.) and/or
• mediations or coachings by the hour either for yourself or for your company, institution or organisation
1.2 Our general standard terms and conditions (GSTC) are valid for all measures carried out by ProvoCoach™ also when the GSTC are not explicitly mentioned in any specific contracts and agreements. Our GSTC are valid also when you as our contract partner refer to your own regulations and standards.
1.3 Client or measure specific exceptions or changes to the GSTC need to be in written form, signed by ProvoCoach™, explicitly mentioning those paragraphs of our GSTC which are changed or invalidated.
1.4 We guarantee complete confidentiality about any personal or internal information obtained in connection with any of our measures.
1.5 When you participate in mediation, you explicitly agree to complete confidentiality towards any third parties and you will not name any mediator of ProvoCoach™ as a witness in case of legal procedures connected to the mediation.
§ 2 Registration
2.1 The cancellation period for any measure is 28 calendar days before the start of the first measure. Until this deadline date you may revoke or change your booking free of charge provided it is done in written form.
2.2 We decline any responsibility for any booking of accommodation – this will be solely your own responsibility.
2.3 ProvoCoach™ reserves all rights to select suitable seminar locations and to reject those locations that might hinder either the conduct of a measure or the reaching of the measures´ goals.
2.4 Your signature on our written registration constitutes a binding booking of the chosen measure. Thus you accept our GSTC. Within 7 workdays you will receive a copy of the contract or a written confirmation of the booking.
2.5 All bookings for open measures are handled in order of entry.
2.6 When cancelling an open measure within 28 calendar days prior to the start of the measure, we will charge you 50% of the agreed fee plus all incurred costs, unless you nominate a person replacing you. When you nominate another person to participate for you we reserve the right to refuse that person.
2.7 If you cancel your participation within 14 calendar days before the start of an open measure or if you do not participate in the booked measure for any reason, we will charge you the full amount of the fee that had been agreed in the contract plus all incurred costs.
2.8 If we need to cancel a measure (e.g. due to a lack of bookings), you will receive written information within 14 calendar days before the start of the measure. In this case you will not be charged, of course.
2.9 If we need to cancel a measure due to an illness of the trainer, mediator etc., you will receive written information immediately. In this case you will not be charged any fees, of course. Any costs incurred because of our cancellation will be borne by ProvoCoach™ only if there was gross negligence on our part.
2.10 Your signature on our written tender constitutes a binding booking of the chosen measure. Thus you accept our GSTC. Within 7 workdays you will receive a copy of the contract or a written confirmation of the booking.
2.11 In case you cancel an in-house measure within 28 calendar days prior to the start of the measure, we will charge you the full amount of our fees and all other costs incurred by the cancellation (e.g. hotel bookings, reserved tickets).
2.12 If we need to cancel a measure due to an illness of the trainer, mediator etc. you will receive written information immediately. In this case you will not be charged any trainer fees, of course. Any costs incurred because of our cancellation will be borne by ProvoCoach™ only if there was gross negligence on our part.
Mediation, coaching and psychotherapy
2.13 Your signature on our written tender constitutes a binding booking of the chosen measure. Thus you accept our GSTC and you accept those specific agreements described in the mediation or coaching contract (e.g. confidentiality clause, participation rules). Within 7 workdays you will receive a copy of the contract.
2.14 If you cancel your participation in session of psychotherapy, mediation or coaching within 48 hours before the scheduled meeting or if you do not attend a scheduled meeting, we will charge the full amount of the fee agreed for that session.
2.15 If we need to cancel a session of psychotherapy, mediation or coaching due to an illness of the mediator, coach etc., you will receive written information immediately. In this case you will not be charged any fees, of course. Any costs incurred because of our cancellation will be borne by ProvoCoach™ only if there was gross negligence on our part.
§ 3 Payments
3.1 In our offers, tenders, contracts and bills or invoices we will clearly indicate the net sum total for the fee for our therapist, trainer, mediator or coach (i.e. days for conducting the training, mediation or coaching, conceptual work, fact-finding missions etc.).
3.2 If no other details are provided, the net sum total constitutes a fixed sum offer for the measure plus:
• German VAT,
• travel expenses of 0,45 Euro per km in own car;
• exceptional expanses (if needed) for a rented car up to Golf class, Train ticket 1st class, air travel Economy Class, taxi, public transportation and parking space according to the local tariff),
• costs for overnight accommodation (for all measures outside Hamburg the coach, trainer or mediator will arrive the evening before the start of the measure) and
• general expenses for each coach, trainer or mediator booked (i.e. conference drinks and 3 meals per day or a lump sum of 100.- Euro for each day in a measure plus 50.- Euro for the arrival the day before).
3.3 Additional costs for material such as copies, books, hand-outs, seminar documentation etc. we will list separately in our offers, tenders, contracts, bills and invoices.
3.4 You agree to pay the amount within 14 calendar days after receiving our invoice.
3.5 If you exceed the due date, we will charge you 1% per day of the total sum of the invoice. We will also charge Euro 15 for each reminder.
3.6 Withholding payments on your part, for any reason not accepted by ProvoCoach™ constitutes an exceeding of the due date.
3.7 If you are exempted from German VAT you will provide us with a copy of the official document confirming your tax status on signing the contract.
3.8 For any open measure booked by you, we will send you a bill 21 calendar days before the beginning of the measure.
3.9 If you have booked a series of open measures, which you are to attend over a longer period of time, we will bill you 21 calendar days prior to the beginning of the first measure; you will then pay the full amount within 14 calendar days thereafter.
3.10 For open measures the agreed fee covers all costs mentioned in the registration form.
3.11 If you have booked an in-house measure you will receive the bill within 7 workdays after the end of the measure.
3.12 If you have booked a series of in-house measures, which we will conduct over a longer period of time, we will bill you at the beginning of the first measure; you will then pay the full amount within 14 calendar days thereafter.
Mediation, coaching and psychotherapy
3.13 For psychotherapies we will provide a fixed fee per session to you before signature of contract.
3.13.1 The agreed amount is due upon the start of each session.
3.13.2 For an initial interview we will invoice a fixed fee; the amount is due upon the start of the initial interview.
3.14 For coachings or mediations we offer you a fixed minimum fee equivalent to a time quota.
3.14.1 You will pay the full amount of the fee seven calendar days prior to the first session of the measure (coaching or mediation).
3.14.2 There is no obligation on the part of ProvoCoach™ to reimburse you for any part of the quota not used during the mediation or coaching (e.g. due to a breaking off of the mediation / coaching).
3.14.3 More time quotas may be agreed upon between all participating parties, during the course of a mediation / coaching. This requires a new fixed minimum fee equivalent to a time quota.
3.14.4 You will pay the full amount of the new fee seven calendar days prior to the first session of the new quota for the measure.
§ 4 Copyright
4.1 All material, documents, records, brochures, hand-outs, worksheets etc. remain the property of ProvoCoach™. This is also the case if single persons are named as the owner or producers of the material etc.
4.2 By participating in one of our measures you have the right to employ the documents received in that measure for your personal use only – no further rights to use the material, documents etc. in any way have been transferred, neither to you nor to your company, institution, organisation or part thereof.
4.3 You have no right to copy, translate, process, distribute, show or use the documents etc. – or parts thereof - in any way nor pass them on to any third party.
4.4 Any usage or duplication of our documents etc. – or parts thereof - needs a written permission by ProvoCoach™.
§ 5 Liability and quality management
5.1 Our guideline for quality is based on the international norms DIN EN ISO 9001 and 9004 as well as the ethics guideline of DVG and EAGT.
5.2 In order to secure the best possible quality of a measure (user specific content, optimal procedures etc.), participants are requested to evaluate the measure at the end of each measure. They will be provided with a feedback form of ProvoCoach™. For in-house measures your own standard forms may be used depending on a written agreement.
5.3 You, in conjunction with ProvoCoach™ will then assess this feedback before any repetition of the measure and agree on changes if necessary.
5.4 ProvoCoach™ is only liable in cases of intent or gross negligence. In all other cases any liability is excluded; this also covers any activity or action of agents, subcontractors, consultants, trainers, coaches or mediators named and confirmed by ProvoCoach™.
§ 6 Scientology
6.1 ProvoCoach™ commits itself as well as all its subcontractors, consultants, trainers, coaches and mediators not to work with any technique by L. Ron Hubbard and/or any other technique connected with Scientology, but instead to reject those completely. Furthermore, ProvoCoach™ commits itself to participate in no network, measure, course, seminar etc. that work with those named techniques nor will we or any of our subcontractors etc. advertise those measures or invite and recruit others to join such measures; no person working in the name of ProvoCoach™ may be a member of the IAS (= International Association of Scientologists).
6.2 If this commitment by ProvoCoach™ and all subcontractors etc. were broken or violated at any time in the future, this would constitute a sufficient reason for ending the cooperation and for cancelling all other contracts or agreements with that party immediately and without notice.
§ 7 Place of performance and jurisdiction
7.1 Place of performance is Hamburg.
7.2 In cases of disagreements related to contracts with ProvoCoach™, suits may be filed only in a court, which is competent for the headquarter of ProvoCoach™. ProvoCoach™ may legitimately file suits also at the registered office of our contract partners.
7.3 Only German law is applicable, excluding the Bill of Purchase of International Movables also in cases when our contract partner, has a registered office abroad.
7.4 A clause being or becoming void does not invalidate any of the other clauses and regulations.
7.5 In cases of conflicting interpretations between the German and any other version of ProvoCoach™’s GSTC, the German “Allgemeine Geschäftsbedingungen (AGB)” is the valid version.