These terms and conditions (hereafter “GTCs”) shall apply to all current or future services provided by RTNworld Academy of Arts and Cultures in Los Angeles & London (hereinafter specified as “RTNworld”) to client, customer and website users, (hereafter “Client”) unless otherwise agreed upon separately and documented in writing. RTNworld rejects any Client’s own terms and conditions unless otherwise expressly agreed in writing. Hereby RTNworld rejects own conditions of the client, as far as they contradict these conditions, unless it is expressly agreed in writing otherwise. These General Terms and Conditions shall also apply if RTNworld, in the knowledge of conflicting or deviating terms and conditions of the client, carries out the services without explicit reservation.
1.1a These general terms and conditions (hereinafter “GTC”) of RTNworld Academy of Arts and Cultures and its designated local official representative (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer or client”) with the seller regarding the goods and/or services presented by the seller and distributor in his online shop and profile. The inclusion of the customer’s own conditions is hereby excluded, unless something else has been agreed.
1.2a A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2.1 RTNworld will perform the services itself or have the services performed by qualified sub-contractors in a workable manner all in accordance with commonly acknowledged industry standards valid when placing the order or in absence of such standards have the services performed in good practice. The starting and ending dates of the services provided are stated on the website before concluding the sale or purchase.
2.2. Service and quality-related descriptions shall not be considered as a guarantee of features or characteristics.
2.3 The Client shall cooperate as necessary in a reasonable and timely manner so that RTNworld may perform its obligations.
2.1a The product descriptions contained in the online shop of the seller/distributor and official local representative do not represent binding offers on the part of the seller/distributor, but serve to submit a binding offer by the customer.
2.2a The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process
2.3a The seller can accept the customer’s offer within five days by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby receipt of the order confirmation by the customer is decisive in this respect, or by notifying the customer delivers the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by asking the customer to pay after the order has been placed. If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4a The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.5a When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email or letter) after the order has been sent along with these General Terms and Conditions.
2.6a Before the binding submission of the order via the seller’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is blindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.7a The English version is available for the conclusion of the contract.
2.8a Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3.1 Any fees are charged plus VAT if applicable by the individual contract and representative. Unless otherwise agreed, customer services for the clients services are rendered on a times and material basis (daily or hourly rate). A daily rate shall equal to 8 hours and shall be rendered from Monday to Friday from 6 a.m. to 8 p.m. Any services provided outside of the aforementioned business hours shall be charged on a pro-rated basis if applicable in the selected membership package. Service Fees are subject to Client’s approval if no information is stated upon selecting the membership package or service.
3.2 For certification procedures and consultations provided by RTNworld to the cliebt, RTNworld will invoice the Client on a monthly basis and provide documentation by a timesheet by the 1st of each month for the preceding month. If the Client does not reject or object to the timesheets in writing within 1 week after delivery and RTNworld has notified the Client in the course of delivery of the timesheets about the following consequence, the timesheets shall be deemed accepted. Fees shall be due without deductions within four (4) weeks from receipt of the invoice. In case of late payment RTNworld shall be entitled to charge default interest equal to 9% points above the basic rate from the due date.
3.3 Fees for services with deliverables or services where movable items are to be produced or manufactured shall be due upon acceptance of the respective services, unless pre-payment schedules are agreed in the applicable individual order.
3.4 All claims of RTNworld shall be compensated according to the agreed remuneration for the services to be rendered, subject to Section 3.1. RTNworld shall be entitled to invoice costs for travel time, accommodation and travel expenses for consulting and certification services that are provided on a times and materials basis.
3.5 The Client shall not be entitled to offset any counterclaim or withhold any payments unless such claims are undisputed or finally awarded.
3.1a The prices shown on the website at the time the order is placed apply. The RTNworld Academy of Arts and Cultures and its official representatives reserve the right to correct obvious errors.
3.2a All prices are in EURO or are calculated on the basis of EURO and USD.
3.3a Packaging, pick-up costs and shipping costs, which are generally borne by the customer, will be added to the prices if this applies.
3.4a The purchase price is to be paid in advance via one of the following payment options, Visa, Mastercard or American Express.
The statutory warranty provisions for services with deliverables and for contracts dealing with the supply of movable items to be produced or manufactured shall apply. The limitation period shall be 12 months from acceptance. The Client shall be entitled to rescind from the contract only if (i) RTNworld fails to rectify the defect twice or (ii) if RTNworld refuses to repair the defect. Notwithstanding the previous sentence, for claims for damages of the client against RTNworld due to injury of life, body, health, due to damage caused by intent or gross negligence, in case of covenant, in case of fraudulently concealed defects as well as in the case of Product Liability the liability of RTNworld shall be subject to the statutory limitation period. The agreed warranty period shall apply to accepted guarantees. Notwithstanding the aforementioned the Liability of RTNworld for damages shall be determined in accordance with paragraph 5.
5.1 The liability of RTNworld shall be unlimited for claims for death, personal injury or damage to health, guarantee and any claims based on willful misconduct or gross negligence. This does not apply to services or/and products sold and provided by third parties and partners via the website of RTNworld.
5.2 RTNworld shall not be liable for damages caused by slight negligence, unless material contractual obligations have been breached. In case of a breach of material contractual obligations caused by slight negligence, the liability shall be limited to damages directly connected to the conduct giving raise to liability as well as to damages that were reasonably foreseeable by RTNworld when entering into the agreement. The limited liability shall also apply to agents, subcontractors and legal representatives of RTNworld.
5.3 The statutory liability for defects applies.
If the seller has not received the payment from the customer by the shipping date, he retains ownership of the delivered goods until the purchase price owed has been paid in full to the seller.
6.1 If terms have been agreed, the individual contract may not be terminated for purposes of convenience. If terms have not been agreed in the individual contract, (i) the respective individual contract shall be entered into for an indefinite period of time and (ii) may be terminated with a notice period of 4 weeks at the end of a month.
6.2 Extraordinary termination rights remain unaffected. This shall apply in particular, if (i) a significant change for the worse in a party’s financial circumstances occurs or is likely to occur and that fulfillment of the contractual obligations is jeopardized due to the financial situation or (ii) a party files for chapter 11 bankruptcy or if judicial or extrajudicial proceedings to settle outstanding debts have been initiated.
6.3 If the client terminates the contract before the expiry of the agreed term or before the contractual service has been fully completed, the Client shall compensate to RTNworld or its partners/third party the expenses that RTNworld or third party/partner(i) has undergone in reliance on the continued existence and completion of the contract, and (ii) is unavoidably still required to pay, and (iii) has to spend on liquidation of contracts in the subcontracting chain. This does not apply if the client terminates for reasons for which RTNworld is responsible.
In principle, consumers are entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller’s cancellation policy and sellers terms and conditions on their profile page. Please also note that different cancellation policies apply to different services and products.
6.1b Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is critical. If the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
6.2b If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. With regard to the costs for shipment, this does not apply if the customer effectively exercises his right of withdrawal during such shipment process. If the customer effectively exercises the right of cancellation, the regulation made in the seller’s cancellation policy applies to the return costs.
6.3b In the event of a pick-up on location, the seller first informs the customer by e-mail that the goods he has ordered are ready for pick-up. After receiving this email, the customer can collect the goods at a location specified by the seller, after consultation with the seller. In this case, no shipping costs will be charged.
6.1b The collection of goods takes place at an address specified by the seller, unless otherwise agreed. When picking up, an appointment is made beforehand using the “Book pick-up” function if available and applicable.
The parties as well as third parties involved are obligated to treat the information mutually received in strict confidence.
Confidential information shall only be made accessible to:
– members of the organs, employees and vicarious agents of the parties, insofar as they need to know in the project and exclusively for the purposes of the contractual project,
– Authorities and courts on the basis of legal obligation, court decision or official order. Before disclosing Confidential Information, the disclosing party will promptly notify the other to as far as permitted by law.
RTNworld assumes no responsibility for the accuracy and completeness of the Confidential Information provided. This does not limit the liability of RTNworld for intent, gross negligence or undertaken presentations. For the liability of RTNworld in the case of breaches of obligations under section 7, Clause 5 herein above applies.
The obligations of privacy and confidentiality shall survive the termination of the contract and expire in the event of premature termination after 6 years. Otherwise, the obligations under section 7 expire after the expiry of 5 years after full performance of the contractual service and full payment of the agreed remuneration.
8.1 Prior to the complete payment of the agreed sum is made RTNworld grants the Client the non-exclusive and limited to the contract term right to use the materials exclusively created for Client (“Client Material”). RTNworld shall be granted perpetual, unlimited non-exclusive rights to use, copy, modify, transfer and sub-license the Client.
8.2 If RTNworld includes or has included RTNworld material (“RTNworld Material”), the Client shall be granted limited to the contract period a sub-licensable right to use, modify and transfer the RTNworld Materials solely in connection with the Client Material. RTNworld Material includes, but is not limited to material (i) that RTNworld has developed prior to the respective project at its own cost, (ii) generic material, tools, frameworks and (iii) interfaces and algorithms as well as creatives. If RTNworld uses third party software to produce the Client Material, solely the terms and conditions of the third party vendor shall apply.
8.3 The client receives the usage rights according to section 8.1, sentence 1 to the Client Materials as an exclusive right determined in the certification license agreement or standard usage rights of RTNworld Materials.
If Open Source Software and third party content is a core in the services provided by RTNworld and third parties. Third party content as well as open source used in connection with the provision of the contractual services, especially in created Software open source components, such as libraries etc. If the client objects to the use of third party components and content or software he/she cannot use the services of RTNworld and website. By using the services of RTNworld the client has agreed upon the use of third party content.
10.1The GTC and any individual order(s) and contractual relations between the parties shall be exclusively governed by the laws of California and the European Union. The UN Sales Convention (CISG) and the conflict of laws rules shall be excluded.
10.2 The exclusive place of jurisdiction shall be Vancouver.
10.1 The law of the United Kingdom applies to all legal relationships between the parties, excluding the laws based on the international purchase of movable goods and services. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller or provider RTNworld Academy of Arts and Cultures in California. If the customer has his registered office outside the territory of the Federal Republic of Germany, the place of business of the seller or provider is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller is always entitled to appeal to the court at the customer’s registered office.
The delivery is subject to stock and service availability.