General terms and conditions of business

§ 1 Scope 

1.1 The General Terms and Conditions (hereinafter referred to as T&Cs) set out below apply to all business relationships between you (hereinafter referred to as “Customer”) as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and NV Business Consulting GmbH, authorized managing director: Philipp Nikolaus Victor Lang, Otto-Heilmann-Str.18a, 82031 Munich as well as (hereinafter referred to as NV BC) as well as PHILIPP NV LANG BUSINESS CONSULTING – FZCO, Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai (hereinafter referred to as PNVL BC FZCO) if you: 

• Use our services or benefits 
• Enter into consulting or coaching contracts with us. 

In business transactions with entrepreneurs, these General Terms and Conditions are included for the ongoing business relationship upon the first conclusion of the contract, without the need for additional inclusion. 

1.2 Before using our services and offers, you confirm that you are acting as an entrepreneur in accordance with Section 14 of the German Civil Code (BGB) and that you will use our services exclusively within the scope of your (part-time) business activities or enter into corresponding contracts with us. The specific details of the contracts concluded between you and us are set out both in these Terms and Conditions and in individual agreements with you. 

1.3 We do not accept any deviating terms and conditions of the customer, even if we do not expressly object to them.

§ 2 Conclusion of contract 

2.1 The contract between the customer and NV BC / PNVL BC FZCO is concluded via a Zoom call or telephone call. The customer will receive an order confirmation or a written contract by email no later than three days after the aforementioned oral contract conclusion, summarizing the contents of the oral agreement. 

2.2 Our offers and advertising measures on various platforms, including but not limited to our website and print media, are not to be understood as binding offers for the conclusion of a contract.

§ 3 Subject matter of the contract and implementation 

3.1 We provide our clients with a wide range of services, including, but not limited to, business consulting, online marketing, personal development, and the participation, provision, and implementation of multimedia and video-based coaching and consulting. These activities can be either standardized or customized, depending on the selection made at the time of booking. The precise scope of services will be provided in the Zoom call or telephone call during which the contract is concluded (see Section 2.1) and is detailed in our respective order confirmation. 

3.2 Unless otherwise agreed in writing, our obligation is to provide services, not to create a specific work. The event/training/coaching will be conducted in accordance with the published program content, applicable legal provisions, and recognized technical standards. We can only predict potential results of advertising strategies based on historical data; guaranteed success is not promised. There is no claim to achieving specific results. The client is responsible for all his actions during and after the event.

the term of the contract itself. 

3.3 When determining the content of a coaching, service or consulting contract, we have the right to determine the service in accordance with Section 315 of the German Civil Code (BGB). 

3.4 There is no right to demand that a specific speaker conduct an event. NV BC / PNVL BC FZCO reserves the right to change speakers/lecturers and make changes to the program, provided this does not fundamentally change or jeopardize the event's objectives. 

3.5 Even if events are planned or announced as in-person events, they may be converted and held online. This applies in particular if in-person events cannot be held at the planned location due to legal requirements or official regulations, or if they can only be held at a disproportionately high cost. The customer has a special right of termination in these cases only if it would be technically impossible and therefore unreasonable for them to use this type of event. 

3.6 NV BC / PNVL BC FZCO also offers on-demand videos for independent study and training. The content is available to customers depending on the contract they have concluded and can be accessed online on our platform. 

3.7 The customer undertakes to cooperate with us within the framework of the contractual relationship by implementing the course content and contacting the relevant contact persons in case of questions. The customer is obligated to provide any necessary and reasonable support promptly upon our request.

§ 4 Access to the content/platform 

4.1 After receipt of payment, which was agreed upon in the contract conclusion, the customer will receive access data to our platform from us in order to be able to use the content. The access data is valid exclusively for the agreed contract term. 

4.2 The customer is obligated to keep the access data confidential. Disclosure of the access data to unauthorized third parties is prohibited. In the event of culpable violations of the obligation of confidentiality and/or the prohibition on disclosing the access data to unauthorized third parties, the customer is obligated to pay a contractual penalty of €15,000 for each individual violation. The use of the access data by the customer's employees is permitted with our prior permission. 

4.3 In the event of loss of access data or suspected misuse, the participant must immediately notify the organizer. As soon as the customer becomes aware, or should have become aware, that their password is accessible to an unauthorized third party, they must notify us immediately. 

4.4 The access data may be passed on to employees of the customer, a family member, life partner or a business partner only with the prior written permission of NV BC / PNVL BC FZCO.

§ 5 Duty of confidentiality 

5.1 The customer undertakes to maintain confidentiality of all confidential information disclosed to it by us. Confidential information within the meaning of this agreement is all information (whether written, electronic, oral, digitally embodied, or in any other form) disclosed by NV BC / PNVL BC FZCO to the customer within the scope of the activities specified in Section 3.1. Confidential information includes, in particular, trade secrets, online marketing know-how, business relationships, and business and marketing strategies. 

5.2 The obligation of confidentiality continues even after participation in the coaching program has ended. 

§ 6 Provision of content

6.1 NV BC / PNV BC FZCO provides certain content on its platform. NV BC / PNVL BC FZCO assumes no guarantee or liability regarding the availability, functionality, or security of these devices. The terms of use of the respective providers must be observed. 

6.2 All provided files are carefully checked for functionality and freedom from malicious software content. Before downloading and/or using such content, the customer is required to run a virus scanner. NV BC / PNVL BC FZCO assumes no liability for damages and/or consequential damages caused by malicious software. 

6.3 Certain content requires the customer to install specific software (e.g., viewing a document in PDF format requires the use of PDF software). In certain cases, hyperlinks to the providers' websites are provided. The use of the hyperlink does not create any legal claim against NV BC / PNVL BC FZCO; in particular, NV BC / PNVL BC FZCO assumes no liability for the software/content offered by the third-party provider. Any software required for the content must be in the most current version.

§ 7 Reviews, comments, communication and other content 

7.1 The customer may post reviews, comments and other content, send e-cards and other communications and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of rights, constitutes a communicative assault on children/young people, impairs children/young people's personal integrity or otherwise injures third parties or is not permissible and does not consist of or contain software viruses, political campaigning, mass mailings or any form of "spam". 

You may not use a false email address, impersonate any person or entity, or otherwise mislead about the origin of a debit or credit card number or other content. We reserve the right (but assume no obligation, without sufficient notice) to remove or edit such content. 

7.2 When you provide customer reviews, comments, questions or answers, or other content (for example, images, videos or audio material, collectively referred to as “Content”), you grant NV BC / PNVL BC FZCO: 

(a) the non-exclusive, royalty-free right to use, reproduce, publish, make available and modify such content worldwide in any media, including the right to sublicense to third parties; and 

(b) the right to use the name you submit in connection with such content. Moral rights are not transferred by this provision. 

7.3 You may delete your Content from public view or, where this functionality is offered, change your settings so that only people you specify have access to your Content. You warrant that you own or otherwise control all of the rights to the Content you have created; that, at the time the Content and Materials were made available: (i) the Content and Materials are error-free; and 

(ii) the use of the content and materials you provide will not violate any applicable NV BC / PNVL BC FZCO terms and policies and will not cause injury to any person or entity. You agree to indemnify NV BC / PNVL BC FZCO from all third-party claims asserted against NV BC / PNVL BC FZCO arising out of or related to the content or materials you provide.

§ 8 Performance 

8.1 We will carry out the agreed services with due care and may 

Use third parties/service providers.

8.2 Unless expressly agreed otherwise in writing, we are obliged to provide services, not to produce a work or achieve a specific result. 

8.3 If we are unable to provide the services due to circumstances for which the customer is responsible, our right to remuneration remains.

§ 9 Customer Obligations 

9.1 The Customer warrants that all information provided to NV BC / PNVL BC FZCO is correct and complete in all respects. 

9.2 The Customer shall ensure that the materials provided by him do not infringe the rights of third parties. 

9.3 The Customer agrees to use the Services within the limits of the provisions of the Agreement, the Terms and Conditions and applicable laws and regulations, including the General Data Protection Regulation (EU GDPR). 

9.4 The Customer is not permitted to lend, sell, make available in any form or market the information and services of NV BC / PNVL BC FZCO, in whole or in part, to third parties other than the Users, without the prior written permission of NV BC / PNVL BC FZCO.

9.5 The know-how passed on by NV BC / PNVL BC FZCO to the customer as part of the provision of services is intended exclusively for the customer. The transfer of this know-how to third parties in any form is prohibited. Clause 4.4 remains unaffected. Any violation entitles NV BC / PNVL BC FZCO to terminate the contractual relationship without notice. Further contractual or statutory rights of NV BC / PNVL BC FZCO remain unaffected. 

9.6 The obligation to pay the agreed remuneration by the Customer remains independent of the rate of use of the services of NV BC / PNVL BC FZCO by the Customer and User. 

9.7 Any contact with active or inactive coaching participants in our programs with the aim of selling or offering a comparable/similar service or product to ours is strictly prohibited and will be punished with an appropriate contractual penalty, the amount of which will be determined by us at our reasonable discretion, unless NV BC / PNVL BC FZCO grants express prior approval. Incidental or individual business relationships arising from natural interactions during the program are excluded from this, provided they do not disrupt the program activities or exceed the agreed scope of participation. 

9.8 Course-related communication in the designated digital groups

9.8 (1) As part of its services, NV BC / PNVL BC FZCO offers coaching participants the opportunity to exchange ideas about the coaching content and experiences in applying the learned content in practice in digital groups created and managed by NV BC / PNVL BC FZCO, in particular on Facebook and/or WhatsApp and/or Telegram and/or internet forums. Upon booking the coaching, coaching participants receive exclusive access to such groups. All course-related communication must be conducted via these channels specified by NV BC / PNVL BC FZCO. NV BC / PNVL BC FZCO wishes to ensure that the implementation of the learned coaching content takes place in coordination with and under the supervision of NV BC / PNVL BC FZCO, so that the coaching participant always has a competent contact person available who can clarify any ambiguities and counteract the dissemination of false information regarding the coaching offered. This objective is counteracted when individual coaching participants in competing groups provide supposedly profitable advice under the guise of coaching by NV BC / PNVL BC FZCO. NV BC / PNVL BC FZCO aims to protect coaching participants from potentially harmful negativity and false information that could impair their development and progress with the following measures. 

9.8 (2) During the term of the contract, coaching participants are prohibited from founding or promoting groups that are incompatible with the groups or channels offered by NV BC / PNVL BC FZCO and described in section 9.8 (1). A competitive group in this sense is a group that primarily serves as a forum for participants to exchange information about the course content of the NV BC / PNVL BC FZCO coaching program. 

A coaching participant is promoting a competing group if he or she manages such a group, joins such a group and/or promotes the group. 

9.8 (3) For each culpable violation of clause 9.8 (2) by the coaching participant, the participant shall pay a reasonable contractual penalty of up to EUR 2,500.00, to be determined by NV BC / PNVL BC FZCO at its reasonable discretion and, in the event of a dispute, to be reviewed by the competent court. The amount of the contractual penalty shall be based on the number, intensity, and duration of the violations, the type and degree of negligence, the impairment caused by the violation, and any proceeds derived from the violation. In the event of a persistent violation by the coaching participant (if the established competitor group continues for more than one week, or if the management of a competitor group or participation in a competitor group extends beyond one week), the contractual penalty, which is determined based on the criteria outlined above, shall be forfeited anew for each commenced week. 

9.8 (4) The assertion of a contractual penalty pursuant to clause 9.8 (3) shall not affect BC’s rights to terminate the coaching contract with the coaching participant for good cause, if applicable, or any existing claims for information and damages.

§ 10 rules of conduct and consideration 

10.1 The customer must behave decently and honestly towards NV BC / PNVL BC FZCO. We reserve the right to take legal action against any unlawful or inappropriate statements about our company or our services. 

10.2 The customer undertakes to ensure smooth operation of our programs and services while participating in them and to behave appropriately towards other participants. In the event of repeated disruptions by the customer, we reserve the right to temporarily or permanently exclude them from our services. Our right to compensation remains unaffected.

§ 11 Payment and Fees 

11.1 All prices quoted by us are net prices and are subject to statutory VAT. 

11.2 Invoices are sent exclusively by email. Invoices from NV BC / PNVL BC FZCO must be paid within 14 days of receipt, unless otherwise agreed. 

11.3 If payment on account has not been agreed, the amount is due immediately after conclusion of the contract and must be paid in advance using the payment methods offered by us. 

11.4 Advance payments are expressly agreed upon conclusion of the contract.

§ 12 Default in payment 

12.1 The deadlines set for our service provision shall only begin when we have received the full invoice amount and all necessary data from the customer and the customer has provided all necessary cooperation. 

12.2 If the Customer fails to meet his payment obligation (in a timely manner), NV BC / PNVL BC FZCO may block access to the services offered after prior warning to the Customer. 

12.3 The blocking period is part of the regular term of the contract and will not be added to the contract. In the event of non-payment, NV BC / PNVL BC FZCO is also entitled, after prior warning, to terminate the contract with the customer immediately without notice, without releasing the customer from the obligation to pay any outstanding invoices.

§ 13 Right of withdrawal 

We only enter into contracts with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). A right of withdrawal does not apply to contracts entered into with entrepreneurs by telephone.

§ 14 Term and termination 

14.1 The contract is concluded for a specific term. The specific term is stated in the order confirmation. Pausing the term is not permitted unless expressly agreed otherwise. 

14.2 Ordinary termination of the contract during its term is not permitted. The contract shall terminate automatically at the end of the agreed term without the need for notice. The extension of a contract shall be subject to mutual agreement between the parties. 

14.3 Both parties reserve the right to terminate the contract for good cause (extraordinary termination).

§ 15 Money-back guarantee 

15.1 The money-back guarantee applies exclusively to customers with whom such a guarantee has been agreed. The guarantee is included in the order confirmation. The customer has no entitlement to such a guarantee. 

15.2 The money-back guarantee requires the prior participation of the Customers participate in all live Zoom calls of the 90-day challenge and proof that the customer has “90-day step-by-step guide” worked through, implemented the instructions exactly and not within 3 months from the start of the Coachings the entire coaching fees despite implementation who completed the 90-day challenge described online marketing activities again by the Customers are responsible for providing evidence of compliance with these requirements and undertake to provide appropriate documentation. 

15.3 If the requirements are fully met, a customer can assert the money-back guarantee by submitting a written declaration within 30 days of the end of the 90-day challenge. The customer will then receive a full refund of the paid fee from NV BC / PNVL BC FZCO, without deductions, to the account specified by the customer within 14 days of receipt of the customer's account details. No other or additional claims beyond the money-back guarantee exist. For example, neither interest losses nor customer expenses will be covered.

§ 16 Liability 

16.1 NV BC / PNVL BC FZCO is liable for intent and gross negligence in accordance with statutory provisions. NV BC / PNVL BC FZCO is liable for simple negligence only in the event of a breach of a so-called cardinal obligation (i.e., a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely) and for damages resulting from injury to life, body, or health. The same applies to breaches of duty by a legal representative or vicarious agent of NV BC / PNVL BC FZCO. 

16.2 The liability of NV BC / PNVL BC FZCO is limited in the event of a breach of so-called “cardinal obligations” (vg 

16.2) is limited to the typical, foreseeable damage caused by simple negligence. This does not apply to claims for damages due to injury to life, body, or health. 

16.3 NV BC / PNVL BC FZCO will, as far as possible, provide uninterrupted access to the Platform. Due to maintenance work or disruptions outside the responsibility of NV BC / PNVL BC FZCO,

Minor interruptions may occur. Claims arising from this shall not apply provided the uninterrupted usage time is at least 90 days. NV BC / PNVL BC FZCO will inform the customer in a timely manner (at least 3 days) in advance of maintenance work and its duration.

§ 17 Copyrights 

17.1 We hold the copyright to all images, films, and texts published on our website. Use of these images, films, and texts is not permitted without our express consent. The same applies to the learning materials provided. 

17.2 All copyright and intellectual property rights in the Service, the Platform, and all online learning materials (even if created by third parties, such as other coaching participants) remain exclusively with NV BC / PNVL BC FZCO and/or its licensors. These Terms and Conditions do not constitute a transfer of copyright or intellectual property rights. The Customer is not permitted to reproduce, distribute, and/or otherwise use or publicly disclose the software and/or content of NV BC / PNVL BC FZCO without the written consent of NV BC / PNVL BC FZCO. 

17.3 We will take legal action in the event of any infringement of our copyrights or trade secrets. 

17.4 If the customer uploads contributions/information to the platform, they guarantee that they are the author or that they possess the necessary rights of use. If NV BC / PNVL BC FZCO determines a violation of this, NV BC / PNVL BC FZCO is entitled to delete the data. The customer indemnifies NV BC / PNVL BC FZCO from all claims by third parties in the event of such a violation.

§ 18 Applicable law and place of jurisdiction 

18.1 The law of the country in which the contracting company has its registered office shall apply; the UN Convention on Contracts for the International Sale of Goods is excluded.

18.2 In the event of disputes, the place of jurisdiction shall be the registered office of our company, unless we choose the customer’s general place of jurisdiction. 

18.3 The contract language is German. 

§ 19 Data Protection 

19.1 Our privacy policy can be found at https://philipplang.org/datenschutz/ 

19.2 Customers agree that we may contact them via various communication channels such as telephone, SMS, email, Facebook or WhatsApp. 

19.3 Customers consent to the storage and processing of their personal data, including for marketing purposes.