TERMS AND CONDITIONS
TERMS & CONDITIONS
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Definitions
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Client refers to the company who is participating in parents@work programs
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Consultant refers to the parents@work franchise owner
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Services refers to all trainings, workshops, events, and consulting services included under the umbrella of the parents@work program
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Agreement refers to the relationship between Client and Consultant for the duration of the Services delivery
Intellectual Property Rights
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The Client acknowledges that the intellectual property rights (including but not limited to Know-How, Secrets and Copyrights) in all materials and methods developed by the Consultant (i) prior to the Services and (ii) as part of the Services shall be owned by the Consultant. Accordingly, the Consultant shall be free to use any skill and know-how acquired in performing the Services for the Client when performing services for other clients.
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The Client shall keep any materials and methodologies used by the Consultant confidential
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The Consultant grants to the Client a non-exclusive, non-transferable licence to use those methods and materials for Client’s internal use. The Client shall not provide those methods and materials or any copies of them to any third party without the Consultant’s prior written consent.
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The Consultant acknowledges that the Client owns any intellectual property rights in information and data which the Client provides to the Consultant.
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The Consultant assumes the right to refer to the Client on its corporate web site, social media and in proposals or other similar submissions made to prospective clients, unless the Client expressly prohibits such disclosure.
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The trademark, parents@work, is the registered trademark and sole property of parentsatwork GmbH. As Franchise owner of parents@work, the Consultant grants the Client the right to use the trademark for the duration of the Services.
Confidentiality
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Consultant will keep secret any information received from Client for a period of five (5) years after its disclosure hereunder, and will treat all information in the same manner as Consultant would treat its own proprietary Information.
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Consultant will, upon Client’s request, promptly return or destroy all documents made available to Consultant.
Payment Terms
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Client undertakes to pay Consultant for Services delivered according to the offer provided by the Consultant.
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Consultant will invoice Client prior to the commencement of Services, except for late registrations
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Any invoice from the Consultant is payable 30 days after issue, in the absence of any other agreement. In the event of late payment, reminder fees and, after the second reminder, interest at a rate of 5 % p.a. may be added to the invoice.
Warranty and Liability
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Consultant does not give any warranty about the success of the Services or Clients satisfaction of the Services. Further, any liability of Consultant shall be expressly excluded unless it is a result of Consultant`s gross negligence or wilful misconduct.
Term and Termination
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The term of the agreement will correspond to the duration of the Services outlined in the offer provided by the consultant
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At any time, either Party shall have the right in its discretion to terminate this Agreement with immediate effect by written notice to the other Party in the event that:
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The other Party should breach or fail to observe or perform any material term or condition of this Agreement, and, if capable of remedy, such breach or default is not cured and remedied in full within sixty (60) days after written notice thereof is given to the Party at fault;
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Circumstances arise that are inconsistent with the proper fulfilment of Services
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The relationship is permanently damaged to a degree that renders the continuation of this Agreement for either party in its reasonable discretion unacceptable.
- If either Party terminates the Contract according to Article 6.2 above, then Client shall pay Consultant for the work performed pro rata.
Miscellaneous
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This Agreement shall be exclusively interpreted and construed in accordance with the laws of <Country>. In case of controversies which cannot be settled amicably, the matter shall be brought before the competent courts of <City, Country> which shall have the exclusive jurisdiction
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Neither Consultant or Client shall be liable for delay or failure to perform hereunder due to any contingency beyond its control, including, but not limited to acts of God, fires, floods, governmental laws, and ordinances.