1. Project fees and participation fees: The project fee or participation fees cover the costs for the time and materials of Totuba Limited and its assigned consultants, trainers, and coaches, as well as all regular project costs (office costs, communication, operating costs).
2. Place of delivery for consulting and in-house training and in-house coaching: For work carried out in a location within the municipal area of the consultant, trainer, and coach deployed by Totuba Limited, the customer is not responsible for the consultant's, trainer's, and coach's costs for hotel accommodation and meals. The customer bears the costs for travel and transportation outside the municipal area of the consultant, trainer, and coach deployed by Totuba Limited. Outside the municipal area of the consultant's, trainer's, and coach's place of residence, the customer bears the costs of the consultant, trainer, and coach for travel and transport, hotel accommodation, meals, shipping of materials, and the relevant business taxes incurred in the course of providing the services in accordance with the agreement between Totuba Limited and the customer.
3. Payment terms: Totuba Limited issues legally compliant and qualified invoices to the customer for project fees and participation fees. All invoices for project fees are due within 10 days of the issue of an invoice by Totuba Limited. Participation fees for public training, coaching and in-house training are due immediately from the time of booking and before the respective date. Participation in public training, coaching and in-house training cannot be confirmed without payment of participation fees. In the event of late payment, a consulting, in-house training or coaching project can be suspended or canceled and participation in public training canceled without refund of deposits already paid. Should an invoice remain unpaid for more than 30 days, Totuba Limited reserves the right to cease all further work on consulting, in-house training or coaching projects and to charge default interest of 0.05% per day on the outstanding amount.
4. Rescheduling and cancellation of appointments: If a customer wishes to reschedule a confirmed appointment, Totuba Limited reserves the right to charge a rescheduling fee of 20% of the applicable project fee or participation fee if the customer gives at least 21 days' notice before the appointment. the applicable project fee or participation fee; for notification of less than 21 days before the relevant appointment, the fee for the appointment change is 50% of the applicable project fee or participation fee. This regulation applies to consulting, in-house training and coaching projects. In the case of public training, Totuba Limited reserves the right to refund a maximum of 80% of the participation fee if a participant cancels with at least 21 days' notice. If notification is received less than 21 days before the date of the public training, a maximum of 50% of the participation fee will be refunded. If notification is received less than 7 days before the date of the public training, no refund of the participation fee will be made. If Totuba Limited cancels a public training session, the participation fee will be refunded in full.
5. Termination: An agreement can be terminated if any of the following circumstances arise: (a) the term specified in an agreement expires; (b) other circumstances as defined in laws and regulations. In addition to the above circumstances for early termination, Totuba Limited and the customer are entitled to terminate an agreement prematurely by notifying the respective contractual partner in writing one month in advance.
6. Confidential Information: Totuba Limited and the customer agree to keep confidential the business secrets of the other party, including, but not limited to, their customer base, their pool of resources, their compensation arrangements with customers and members of the resource pool, their business accounts, their operating methods and procedures, as well as their product pricing information that is not otherwise publicly disclosed, their marketing, distribution, advertising and product plans, concepts, ideas, techniques and methods, as well as any other non-public and competitively sensitive information, unless necessary to perform their duties under a project.
7. Changes: All changes and additions to existing agreements between Totuba Limited and the customer must be made in writing to be effective. This also applies to the cancellation of the written form requirement. Verbal or written ancillary agreements do not apply.
8. Contingency: Should the customer request additional or modified services outside the scope and terms of an agreement between Totuba Limited and the customer, Totuba Limited will evaluate the additional work and submit the additional scope of services and costs to the customer for approval. After approval, the additional scope will be attached to an existing approved project plan and the costs associated with the additional work will be billed separately through a contingency budget. The additional work will not be undertaken until Totuba Limited has received written approval from the customer to carry out the additional work.
9. Severability Clause: Totuba Limited and the customer agree that no additional general and special terms and conditions apply to an agreement between them. This applies even if the customer or Totuba Limited refers to their general terms and conditions in correspondence during the project.
10. Marketing: Totuba Limited is permitted to use the logo and a short profile of the customer on its website, other marketing platforms, and in its reference list.
11. Jurisdiction and dispute resolution: The design, validity, interpretation and performance of any purchase agreement or agreement, and the resolution of any disputes arising therefrom, shall be governed by and construed in accordance with the laws of Hong Kong S.A.R., People's Republic of China. In the event of any dispute related to the interpretation or implementation of this Agreement, the parties shall first attempt to resolve such dispute through partnership consultations. If the dispute is not resolved by such means within 60 days of the commencement of such consultations, either party may refer the dispute to the appropriate commercial arbitration commission in the district of Steinfurt for arbitration in accordance with its then-current arbitration rules. The arbitral award shall be final and binding on the parties, and the parties agree to be bound by and act in accordance with it. The costs of the arbitration (including, but not limited to, attorneys' fees) will be borne as specified by the arbitrators or in the arbitration award. If a dispute arises and if a dispute is subject to arbitration, the parties, except for the matters in dispute, continue to exercise their remaining respective rights and fulfill their remaining respective obligations under the agreement in effect at the time.
If you have any questions about our Terms & Conditions, please contact us.
E-Mail: inquiry@totuba.com
Tel.: +49-5458-9331175