- office@kairos-pro.de
- +49 (0) 89 999 54 547
Terms & Conditions
Kairos PRO Consulting GmbH, from: 05.12.2025
General terms and conditions (GTC)
Our General Terms and Conditions apply when using our services - particularly consulting services, seminars or webinars and trainings in the field of IT and SAP software - and are deemed to be agreed upon. They set out your rights and obligations as our client and as a user of our platforms, as well as important information regarding data protection.
Important note:
All our websites which contain legal information are only translated into English for your convenience and better understanding. However only the German versions are legally binding.
§1 Scope of GTCs
(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts for the provision of services in particular IT and SAP seminars training courses and consulting services between Kairos PRO Consulting GmbH (hereinafter referred to as “Kairos PRO” “we” or “us”) represented by its Managing Director Christoph van der Schoot Am Hochacker 3 D-85630 Grasbrunn and you (hereinafter referred to as the “Client” “you” or “your”).
(2) The GTC apply regardless of whether you are a consumer or an entrepreneur.
(3) You are a “consumer” if you are a natural person who concludes a contract with us for purposes that cannot predominantly be attributed to your commercial or self-employed freelance public-law or non-profit professional activity.
(4) You are an “entrepreneur” if you are a natural person or if you conclude a contract on behalf of a legal entity or a legally capable partnership which when concluding the contract with us acts in the exercise of its commercial freelance self-employed public-law or non-profit professional activity.
(5) These GTC apply on all of our platforms. “Platforms” are all of our sales and operations channels. In particular these include all of our premises all of our physical or electronic documents such as emails order documents or information materials all of our sales areas such as booths or retail spaces as well as our websites or apps and our profiles on the websites or apps of our partners.
(6) The version of the GTC valid at the time of conclusion of the contract shall be decisive. Deviating terms and conditions are not accepted. This also applies if we have not expressly objected to their inclusion. Different provisions may apply insofar as otherwise stipulated in individual cases in these GTC. If legal texts or documents translated into a language other than German exist the German legal texts or documents are legally binding and applicable the translated legal texts or documents serve solely for better understanding.
(7) All agreements concluded between you and us in connection with a service result in particular from an engagement or order and the associated annexes our confirmation our acceptance and additionally insofar as not regulated there from these GTC. These GTC also apply to subsequent orders or engagements that you have placed during or after the term of the contract unless other GTC have been incorporated at that time.
(8) These GTC also apply to other contracts concluded between you and us insofar as no specific GTC relating to the other type of contract exist and the clauses of these GTC can be applied in terms of content.
§2 Scope of services
(1) We provide consulting seminar and training services in the fields of IT and SAP software. In particular we offer open online seminars (so-called “webinars”) as well as on-site seminars or training courses individually tailored to your wishes or requirements.
(2) The scope of our services is determined in each individual case by the following:
- the detailed description of services in the individual contracts including annexes for all consulting services or seminars or training courses to be provided at the client’s premises regardless of whether agreed in paper form or electronically by email.
- the seminar or training description for all open seminars or training courses that are offered on our platforms and that you as the client can book directly via an online order.
(3) Subsequent change requests that deviate from the order or engagement require a separate agreement and engagement or order and are to be remunerated separately.
(4) Any incidental costs incurred (such as hotel and travel expenses subsistence costs etc.) are not included in the scope of services and are to be borne by the client.
(5) For all open online seminars or training courses we reserve the right to make minor content deviations from the seminar or training description published on the platforms.
§3 Remuneration and realization
(1) We receive remuneration for our services in accordance with your engagement or order and the scope of services defined in Section 2 paragraph 2.
(2) We undertake to perform the contractually owed services with due care and diligence. The achievement of a specific consulting or training outcome is not owed.
(3) We are entitled to engage third parties in particular subcontractors to perform the services.
(4) In the contractual performance of our training courses and services no legal advice or legal assessment is provided. Therefore we assume no liability for the legal permissibility of any measures discussed or implemented in particular with regard to tax law and the protection of third-party rights such as data protection copyright trademark competition or other intellectual property rights. The legal review of consulting or implementation services is your responsibility.
(5) For the conduct of online seminars it applies that only one person may participate visually and audibly per booking. Multiple participants behind one screen who have not booked an online seminar are not permitted.
(6) The access data sent for the conduct of an online seminar (such as access link and or password) must be kept confidential by the participants and may not be passed on to third parties.
(7) We are entitled to replace a lecturer announced for a seminar with another equivalent lecturer if this is reasonable for the participants and the quality of the event is maintained.
§4 Conclusion of contract
(1) When we present our consulting services seminars and training courses on our platforms this does not constitute a binding offer to conclude a contract. The presentation merely constitutes a non-binding offer.
(2) Our offers and cost estimates are non-binding. Errors in cost estimates and offers may be corrected prior to acceptance of the order.
(3) You may submit a legally binding engagement or order in any manner that we offer on our platforms. In particular you may submit it as follows:
- By handing over completed and signed order documents to us for example at our premises when concluding a contract at your premises or at trade fairs and information events.
- By clicking the order button “Book now for a fee” for seminars offered by us on our platforms that is on our websites and apps as well as our profiles on third-party websites and apps.
- By sending us completed and signed order documents via any common communication channel such as email post or fax.
(4) By placing an engagement or order you also give your binding consent to these GTC and to data processing in accordance with our privacy policy.
(5) You are bound by the engagement or order for a period of two weeks after submitting the engagement or order.
(6) We confirm receipt of the submitted order or engagement by email to the email address you provided or by confirmation letter by post. However the confirmation of receipt does not yet constitute a binding acceptance of the order or engagement unless acceptance is expressly declared in addition to the confirmation of receipt.
(7) As a rule we confirm the engagement or order ourselves. However a third party may also issue a confirmation in our name if you have ordered or engaged our services on third-party platforms such as a third party’s website or app on which we maintain a profile.
(8) A contract between you and us is concluded only when we either expressly accept your engagement or order with an order or booking confirmation or begin performance of the services.
(9) For the booking of online seminars a contract between you and us is concluded by invoicing only once the minimum number of participants stated by us in the seminar description has been reached. If this minimum number of participants is not reached despite invoicing and if applicable your payment the contract is not concluded. In this case any amount already paid by you will be refunded. However we reserve the right to confirm your booking even with fewer participants.
(10) We are also entitled to cancel in writing for prospective clients who have registered for a seminar if the specified maximum number of participants is exceeded. In such cases registrations are considered in the order in which they are received.
(11) If there are multiple contracting parties or if the contracting party is a partnership you or the partners of the partnership are jointly and severally liable for our claims. We are entitled in the performance of the contract to rely on the instructions and information of a single contracting party or partner of a partnership in particular without coordinating this with the other contracting parties or partners of a partnership unless another objects in writing. An objection entitles us to terminate the contract on the basis and with the consequences of a lack of cooperation.
§5 Prices, payments, payment terms, right of retention, hourly rates
(1) The prices stated by us are unless otherwise stated or agreed net prices excluding value added tax.
(2) Unless otherwise agreed between you and us our remuneration becomes due after conclusion of the contract and before the respective service is performed. It must be paid no later than within 10 days after dispatch of our invoice (from the invoice date). If payment is not made default occurs. In the event of default we are entitled to claim default interest and further damages in accordance with statutory provisions. The default interest rate for consumers is 5 percentage points per year above the base interest rate pursuant to Section 288 of the German Civil Code; for entrepreneurs the default interest rate is 9 percentage points per year above the base interest rate pursuant to Section 288 of the German Civil Code.
(3) We enable you to use various payment methods and payment services. You may use any payment method provided by us for payment in particular
- transfer to an account specified by us
- grant us a direct debit authorization or SEPA direct debit mandate
- or pay us via a specified payment service provider (e.g. PayPal)
in each case provided that we offer a corresponding payment option. We reserve the right to exclude payment options individually or generally or to add them subsequentl
(4) You make use of the payment service of a payment service provider by clicking the button of the payment service provider (e.g. PayPal) during the ordering process for services. You will be redirected to the respective page of the payment service provider and thereby use the payment service of a third-party platform. With regard to payment we only provide access to the page of the respective payment service provider or platform but do not become a contracting party to the payment service. In most cases the use of payment services of a payment service provider or platform requires entering into a contractual relationship with the respective payment service provider. The respective contractual terms GTC and data protection provisions of the payment service provider apply.
(5) In the case of a granted direct debit authorization or SEPA direct debit mandate we will initiate the debit of your account no earlier than the due date. A granted direct debit authorization remains valid until revoked also for further orders.
(6) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed as well as in cases where you assert defect claims or counterclaims arising from the same contractual relationship.
(7) You may only exercise a right of retention if your counterclaim arises from the same contractual relationship and has been legally established or is undisputed.
(8) If payment of one of our claims from one or more contracts is not made on time we are entitled to commission a debt collection agency (e.g. Creditreform) to collect the due claim. By concluding the contract you consent to us transmitting the data and information required to collect the claim to the debt collection agency and to the debt collection agency being authorized to store and process the data. In particular name and address contract date as well as invoice number and amount and the due date will be transmitted.
(9) Billing of an hourly rate is carried out in 30-minute intervals (0.5 hours). For each commenced 30 minutes half of the hourly rate is charged. In the case of flat-rate hour packages or time contingents for the overall service or specific service sections unused hours expire after completion of the overall service or the service section. In particular there is no entitlement to transfer the hours to another overall service or to a payout once payment has been made.
§6 Contract duraction and termination
(1) The term of the contract begins unless otherwise agreed electronically or in writing with the dispatch of the order or booking confirmation from Kairos PRO to the client.
(2) The concluded contract continues unless otherwise agreed electronically or in writing until the commissioned consulting service has been fully performed or until the booked seminar or training course has been fully conducted.
(3) Kündigen wir aus wichtigem Grund, so sind Sie verpflichtet, uns die Kosten und Vergütungen zu erstatten, die nachweislich bis zum Zeitpunkt der Kündigung angefallen sind. Die bis dahin von uns geleisteten Dienste sind anteilig abzurechnen, soweit dies möglich ist, anderenfalls erfolgt eine vollständige Abrechnung.
(4) Termination may be made in writing by post fax or email.
(5) You may withdraw from the contract up to the day of performance. The withdrawal must comply with the form required for termination. In this case you are obliged to compensate us for the damages incurred. Instead of calculating damages we are entitled to demand the following lump-sum amounts:
- Withdrawal from contract conclusion up to 4 weeks before performance or the start of the seminar: free of charge.
- Withdrawal less than 28 to 7 days before performance or the start of the seminar: 50% of the remuneration.
- Withdrawal less than 7 days before performance or the start of the seminar: 100% of the remuneration.
(6) Costs for contractually agreed services of third parties are to be borne in full by the client despite cancellation.
§7 Force majeure
(1) If we are prevented from performing our services due to unforeseeable extraordinary events for which we are not responsible and which we could not avert despite exercising reasonable care appropriate to the circumstances of the individual case regardless of whether occurring at our premises or those of the client (e.g. due to the absence of a lecturer operational disruptions official interventions labor disputes lockouts operational disruptions of any kind at our company or at third-party companies shortage of goods or similar events outside our sphere of influence for which we are not responsible) any agreed service period shall be extended to an extent that makes proper performance of the service obligation possible.
(2) If performance becomes impossible we are released from the obligation to perform without you being entitled to withdraw or claim damages. If corresponding impediments occur on your side the same legal consequences apply to your obligation to accept performance. The contracting parties shall inform each other of such impediments without delay.
§8 Right of withdrawal
(1) As a consumer you have the right to withdraw from this contract within fourteen days without giving reasons. Detailed information on your right of withdrawal can be found on our website at https://www.kairos-pro.de/widerruf as well as attached to this contract or to the email containing your booking confirmation.
(2) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code this right of withdrawal does not apply.
§9 Duty to cooperate
(1) You as our client are obliged to support us in the performance of our contractually agreed services through appropriate acts of cooperation. For example you will provide us with all required information and data and explain your business requirements and measures already taken provide all documents materials items or system access required to perform the services grant instructions and approvals without delay and designate a competent contact person who will not be replaced.
(2) For all types of seminars or training courses you are responsible for ensuring that all required IT-related prerequisites are in place on your side such as the necessary hardware and software and a sufficiently fast internet connection. If an event takes place in premises provided by you you are responsible for all measures required to ensure proper execution in particular for a suitable room with the necessary equipment (such as flip chart projector etc.) and the absence of disruptions. You as the client are also responsible for ensuring that seminar or training participants have the prior knowledge described in the seminar or service description.
(3) Insofar as we also make system settings in your SAP systems as part of consulting services (so-called “customizing”) you as the client are generally obliged to accept these settings by means of appropriate system tests before going live. In such cases you always bear the risk that the IT processes and workflows set or modified by the customizing meet your requirements. The processes provided for acceptance must be reviewed and accepted in writing within 10 working days after notification of completion. If no acceptance is given by you within this period the system settings shall be deemed accepted. All necessary precautions to safeguard your IT systems against failure (e.g. data backups etc.) are also your responsibility.
(4) Sie müssen zu allen vorgenannten Handlungen – insbesondere zu Überlassungen oder Zugangsgewährungen – berechtigt sein, insbesondere dürfen keine Rechte Dritter oder behördliche Bestimmungen verletzt werden.
(5) Soweit Sie zur Mitteilung, Bereitstellung oder zur Verfügungsüberlassung nach Abs. 1 nicht berechtigt sind, beispielsweise weil wettbewerbs-, datenschutz-, marken- und kennzeichenrechtliche Verstöße oder jegliche Verstöße gegen Rechte Dritter oder behördliche Bestimmungen vorliegen, liegt ebenso fehlende Mitwirkung vor. Sie versichern Ihre Berechtigung zu den entsprechenden Handlungen. Eine entsprechende Überprüfung durch uns wird nicht erfolgen. Von etwaigen Ansprüchen Dritter, die wegen Ihrer fehlenden Berechtigung gegen uns vorgehen, werden Sie uns auf erstes Anfordern freistellen und uns jeglichen Schaden, der wegen der Inanspruchnahme durch den Dritten entsteht, einschließlich etwaiger für die Rechtsverteidigung anfallenden Gerichts- und Anwaltskosten, ersetzen. Im Übrigen gelten die gesetzlichen Bestimmungen.
(6) A lack of cooperation that is missing incomplete causes damage or violates the law for example by providing or transmitting incomplete incorrect or not legally usable information data materials or documents entitles us to terminate the contract in the case of a contract with an entrepreneur also without affecting the agreed remuneration.
(7) If we incur damage due to faulty cooperation a claim for damages exists. In this case you also indemnify us against all claims by third parties that third parties assert in connection with acts of cooperation carried out by you at least with gross negligence.
§10 Communication
(1) To ensure fast and simple communication communication generally takes place by email. You consent to receiving information by email via your account on our platforms by post or by other means.
(2) Dispatch and communication take place at your risk. We are not responsible and assume no liability for disruptions in internet networks for server and software problems of third parties or for problems of a postal or delivery service provider.
§11 Reviews and testimonials
(1) You may submit reviews and testimonials to express your subjective opinion on the quality of the services you have received. As a rule we cannot verify the accuracy of a review at the time it is submitted. We reserve the right to decide whether to publish reviews.
(2) Reviews and testimonials must be truthful and remain factual. They must not be defamatory insulting offensive abusive or obscene. Insofar as a review constitutes a pure expression of opinion it must be based on true facts. Reviews and testimonials that violate these requirements will be deleted by us.
§12 Copyrights
(1) We hold copyrights or other rights in all seminar materials images films texts and other content protected by copyright or similar rights in particular by intellectual property rights that are published on our website and all of our platforms. Use reproduction or distribution of our seminar materials images films texts and other content is not permitted without our written consent.
(2) Video or audio recordings of any kind during our seminars or training courses are likewise not permitted without prior consent.
§13 Data protection
(1) We collect personal data from you as well as other data provided by you or obtained by us in the course of performing the contract for the purpose of contract performance and the fulfillment of contractual and pre-contractual obligations. The collection and processing of data is necessary for contract performance and is based on Article 6 paragraph 1 b) of the GDPR. We process the data in accordance with the obligations of the GDPR.
(2) Our detailed privacy policy can be found on our website at https://www.kairos-pro.de/datenschutz and is also attached to this contract or included in the email with your booking confirmation.
§14 Liability and indemnification
(1) Kairos PRO is liable to the client in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
(2) In all other cases we are liable unless otherwise regulated in paragraph 3 only in the event of a breach of a contractual obligation the fulfillment of which makes proper performance of the contract possible in the first place and on the observance of which you as a contracting partner may regularly rely (so-called cardinal obligation) and then limited to compensation for the foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in paragraph 3.
(3) Our liability for damages arising from injury to life body or health and under the Product Liability Act remains unaffected by the foregoing as well as all other limitations of liability warranty or responsibility and exclusions of liability warranty or responsibility set out in these GTC and agreed between us.
(4) You shall indemnify us upon first request against any claims asserted by third parties against us and or our vicarious agents due to possible culpable breaches of duty by the client in particular under these GTC. You shall compensate us for any damage arising from such claims including any court and attorney fees incurred for legal defense. Otherwise the statutory provisions apply.
§15 Place of performance, applicable law, contract language and place of jurisdiction
- Grasbrunn is agreed as the place of performance for all services under the contract.
- The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the client is a merchant and has its registered office in Germany at the time the order is placed, the exclusive place of jurisdiction shall be the registered office of Kairos PRO in Grasbrunn. In all other respects, the applicable statutory provisions shall govern local and international jurisdiction.
- The language of the contract is German unless otherwise agreed in writing. Any translated legal texts or documents are provided solely for better understanding. In particular, with regard to any contractual agreement as well as these General Terms and Conditions, the Privacy Policy, or any other legal texts or documents, the German versions shall be legally binding; this shall apply in particular in the event of discrepancies or differences in interpretation between such legal texts or documents.
- With regard to disputes with consumers, the European Commission has established an online platform for online dispute resolution (ODR) – alternative dispute resolution pursuant to the ODR Regulation and Section 36 of the German Consumer Dispute Resolution Act (VSBG). This platform serves as a point of entry for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link:
http://ec.europa.eu/consumers/odr - Participation in dispute resolution proceedings before a consumer arbitration board is not mandatory and will not be undertaken by us.
§16 Final clauses
(1) Amendments and supplements to these General Terms and Conditions shall be made in writing; we reserve the right to make such amendments. Any amendments require that you are not unreasonably disadvantaged, that there is no breach of good faith, and that no objection is raised against the amendment. In the event of an amendment, notification shall be provided via one of the communication channels – in particular by email – two months prior to its effective date. The amendment shall become effective unless it is objected to within this period; thereafter, the amended General Terms and Conditions shall apply.
(2) We reserve the right to assign this contract to another company. Such assignment shall become effective one month after the dispatch of a notice of assignment via one of our communication channels – in particular by email – to you. In the event of an assignment, you shall have a right of termination, which may be exercised within one month of receipt of the notice of assignment. All rights granted to us shall likewise be deemed granted to our legal successors.
(3) Should any individual provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the intended economic purpose.