VTMM^®

Terms & Conditions

Terms and Conditions vis-à-vis Consumers

Sec. 1 Applicability,Contract Language

Sec. 2 Applicable Law, Mandatory Consumer Protection Regulations

Sec. 3 Conclusion of Contract

Sec. 4 Information on Adjustments

Sec. 5 Storage of the contract text

Sec. 6 Collecting, saving and processing of your personal data

Sec. 7 Payment Conditions

Sec. 8 Right of Withdrawal

Sec. 9 Limitation of Liability

Sec. 10 Copyright

Annex: Consumer Information and Instruction on Withdrawal

Terms and Conditions vis-à-vis Entrepreneurs

Sec. 1 Applicability,Contract Language

Sec. 2 Registration as User

Sec. 3 Data Protection

Sec. 4 Conclusion of Contract, Contract Language

Sec. 5 Information on Adjustments

Sec. 6 Storage of the Contract Text

Sec. 7 Payment Conditions

Sec. 8 Limitation of Liability

Sec. 9 Copyright

Sec. 10 Final Provisions

Terms and Conditions vis-à-vis Consumers

Sec. 1 Applicability,Contract Language

• The following general Terms and Conditions (GTC) apply to all contracts concluded between you and us, the company GeProS – German Project Solutions GmbH (Wandsbeker Chaussee 1, 22089 Hamburg, Germany, Commercial register entry: HRB 169670 at the local court of Hamburg, Tax number: DE224251043), represented by the Managing Director Ralf Friedrich (imprint), via this online platform.
• The only languages available for the conclusion of the contract shall be German and English.

Sec. 2 Applicable Law, Mandatory Consumer Protection Regulations

The law of the Federal Republic of Germany shall apply, if

• your abode is in Germany, or
• your abode is situated in a state not being member of the European Union.

In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.

Sec. 3 Conclusion of Contract

• The presentation of the services in our online platform does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
• By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for booking the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your booking by means of a separate email or by providing the desired services. Please regularly check the spam folder of your mailbox.
• In our online platform, you can select services for booking by selecting them via a click on the respective button. To finish the order, you will be guided through the remaining part of the order process. Following the services selection and the specification of all required order and address data in the subsequent step, you can click „Next“ to access a page that summarises the most important details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the „Order with obligation to pay“ to button, you place a binding order in the meaning of subsection (2).
• We will provide you with one trial assessment free of charge. To use further services, you must become a paying member of our web portal.
• Your paid membership is limited to a term of three or twelve months. It can be prolonged upon your request. Your membership will not be automatically renewed.
• If you are a paying member of our web portal, you can become a VTMM assessor. In addition, this requires that you receive an academic certification from one our partners. Your training will be provided by us. You shall bear the costs of the training.

Sec. 4 Information on Adjustments

To place an order, start by selecting the desired services. By clicking on the buttons „Next“ you will get first to a website where you may enter your data and then you may choose the payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 3 (2) of these GTC.

Sec. 5 Storage of the contract text

You will receive the contractual provisions together with information on the services booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.

Sec. 6 Collecting, saving and processing of your personal data

• In our online platform you may order services as a guest or after opening a customer account. With a customer account you do not have to enter your personal data every time you use our online platform but you may log on to your customer account with your e-mail address and your password before or during the order process.
• In order to process your order we need the following data:
  • your first and family name
  • your email address
  • your postal address
• To open a customer account you have to provide us with the data mentioned in subsection (2) as well as a password chosen by you.
• Without your further consent, we will use your personal data only in order to process your orders. If you pay by bank transfer, we also use your banking data in order to carry out your payment. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers, requires your explicit consent. You have the possibility to give this consent during the registration. This declaration of consent is given completely voluntarily and can be accessed and revoked any time by you on our website.
• Your data will be stored in your customer account until you delete it by yourself. In addition, or if you order as a guest (without opening a customer account), we save your data according to our obligations under commercial and tax law.
• If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under „My Account“ after the log in.

Sec. 7 Payment Conditions

The purchase price is due immediately after placing the order. The payment of the services can be made with credit card (we use the transmission method „SSL“ to encrypt your personal data) via our payment provider. Our bank details are GeProS – German Project Solutions GmbH, Frankfurter Volksbank eG, DE55 5019 0000 4103 3924 68.

Sec. 8 Right of Withdrawal

As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

Sec. 9 Limitation of Liability

• We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences.
  The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
• Based on the current state of art, data communication via internet cannot be guaranteed to be error-free and/or available at all times. We are not liable for constant and continuous availability of our online system.

Sec. 10 Copyright

• “Virtual Team Maturity Model” (“VTMM”) is a concept developed by the Licensor to analyze, evaluate, improve and re-assess efficiency, communication and trust within virtual teams, focusing on a variety of challenges such as intercultural communication, hierarchies, performance and organization.
• We are the holders of the copyright concerning all VTMM content. Under no circumstances may you copy, reproduce, recreate or distribute VTMM in a way not explicitly permitted by a licensing agreement.
• We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.
  Our e-mail address is: info@gepros.com. We inform you according to § 36 German VSBG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.
• Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.

Annex: Consumer Information and Instruction on Withdrawal

If you order services in our online platform, we want to draw your attention to the following:

• The only languages available for the conclusion of the contract shall be German and English.
• You will find the essential characteristics of the services offered by us as well as the validity of limited offers in the individual service specifications within the scope of our internet offering.
• The presentation of our services does not represent a binding offer on our side. Only your booking of a service is regarded as a binding offer pursuant to Sec. 145 BGB. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your booking by means of a separate email or by providing you with the desired service. Please regularly check the spam folder of your mailbox.
• Any input errors when ordering can be seen in the confirmation before the check-out and with the delete- and change function you can correct your order at any time before sending it.
• If the services ordered by you are not available, we reserve the right not to render the service. We will inform you about that before the conclusion of the contract without delay.
• The prices indicated by us are to be understood including taxes..
• The purchase price is due immediately after placing the order. The payment of the goods can be made with credit card(we use the transmission method „SSL“ to encrypt your personal data) via our payment provider. Our bank details are: GeProS – German Project Solutions GmbH, Vereinigte Volksbank Maingau, DE04 5056 1315 0406 9106 45.
• We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr
• Any information and data needed for servicing the contract concluded with you, will be stored by us with permanent access for you. We refer to our GTC and the stipulations regarding data protection therein.
• In addition we refer to our GTC
  GeProS – German Project Solutions GmbH, Wandsbeker Chaussee 1, 22089 Hamburg, Germany, Commercial register entry: HRB 169670 at the local court of Hamburg, Tax number: DE224251043
  represented by the Managing Director Ralf Friedrich;
• You have a right of withdrawal according to the following information:

INFORMATION ON THE RIGHT OF WITHDRAWAL

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us, theGeProS – German Project Solutions GmbH (Wandsbeker Chaussee 1, 22089 Hamurg, Germany, telephone number: +49 (0)40 63311542, telefax number: +49 (0)40 63311542, e-mail address: info@gepros.com),of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to sent your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin with the performance of services during the withdrawal period, you should pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the contract, in comparison with the full coverage of the contract.

Model withdrawal form according toAnnex 1 Bto Directive 2011/83/EU

(Complete and return this form only if you wish to withdraw from the contract

• To GeProS – GermanProject Solutions GmbH (Wandsbeker Chaussee 1, 22089 Hamurg, Germany, telephone number: +49 (0)40 63311542, telefax number: +49 (0)40 63311542, e-mail address: info@gepros.com:
• I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service (*); Please describe goods/services precisely so it is possible to identify to which services the withdrawal refers.
• ordered on (*)??/received on (*)??;
• name of consumer(s);
• address of consumer(s);
• signature of consumer(s);
• (only if this form is notified on paper);

Date
__________________________

(*) complete as appropriate

Terms and Conditions vis-à-vis Entrepreneurs

Sec. 1 Applicability

• The present general terms and conditions (GTC) apply to all contracts concluded between you and us, the company GeProS – German Project Solutions GmbH (Wandsbeker Chaussee 1, 22089 Hamburg, Germany, Commercial register entry: HRB 169670 at the local court of Hamburg, Tax number: DE224251043), represented by the Managing Director Ralf Friedrich (imprint), via this online platform, unless something else has been expressly agreed upon in writing. We do not accept deviating or conflicting conditions if we have not expressly agreed to them in writing.
• You will be notified of amendments of these GTC in writing, per telefax or via email. If you do not object to an amendment within four weeks after receiving the notification, the amendments shall be deemed accepted by you. You will be separately made aware of the right of objection and the legal consequences of the reticence in the case of an amendment of the GTC.

Sec. 2 Registration as User

• Your registration for our system will be made free of charge. A claim to an admission to our system does not exist. Only natural persons of full legal capacity shall be eligible for this registration. You must send us a copy of your identity card or your VAT-ID-registration number and provide us with documentation of your registration with the appropriate company’s registry on our request. To be admitted, you must electronically fill out the application form on our website and send it to us. The information required for application shall be given by you completely and truthfully. With your application, you choose a personal user name and a password. The user name must not infringe any third-party rights or other trademark or rights to safeguard a name or public morals. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
• Apart from your declaration of consent with the applicability of these terms and conditions, your registration is not linked to any other obligations. You can delete your registration under „My Account“ at any time. Your registration alone does not oblige you to book any of the services offered by us.
• If your personal information changes, you yourself are responsible for its update. All amendments can be made online at „My Account“ after the log in.

Sec. 3 Data Protection

• All personal data given by you (e.g. Title, name, address, date of birth, email-address, telephone number, telefax number, bank details, credit card details) will only be collected, processed and stored by us pursuant to German data protection law.
• Your personal data, insofar as it is required to create, carry out and terminate the contractual relationship, shall only be used for the implementation of concluded service contracts between you and us. Any further use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is given completely voluntarily and can be accessed and revoked at any time by you on our website.
• We will also use usage data, i. e. data which may contain characteristics that identify you, details of the start and end as well as the scope of the respective usage and details of the telemedia used by you, for advertising, market research or for the purpose of a needs-based design of our telemedia to create usage profiles by using pseudonyms. You are entitled and have the option to object to the use of your data at „My Account“. Usage profiles are not combined with the corresponding data under any circumstances.
• If you require more information or if you want to access or revoke the consent for the use of your inventory data expressly given by you and/or if you wish to object to the use of your usage data, our support via email (info@gepros.com)or by telephone (number +49 (0)40 63311542) is at your disposal.

Sec. 4 Conclusion of Contract, Contract Language

• The presentation of the services in our online platform does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
• By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for booking the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your booking by means of a separate email or by providing the desired services. Please regularly check the spam folder of your mailbox.
• In our online platform, you can select services for booking by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the service selection in the shopping cart and the specification of all required order and address data in the subsequent step, you can click „Next“ to access a page that summarizes the most important product details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the „Order with obligation to pay“ button, you place a binding order in terms of subsection (2).
• We will provide you with one trial assessment free of charge. To use further services, you must become a paying member of our web portal.
• Your paid membership is limited to a term of three or twelve months. It can be prolonged upon your request. Your membership will not be automatically renewed.
• If you are a paying member of our web portal, you can become a VTMM assessor. In addition, this requires that you receive an academic certification from one our partners. Your training will be provided by us. You shall bear the costs of the training.
• The only language available for the conclusion of the contract shall be German. Translations of these GTC into other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

Sec. 5 Information on Adjustments

To place an order, start by placing the desired services in the shopping cart. There you may modify at all time the desired quantity or delete services completely. If you have placed services in the shopping cart, by clicking on the buttons „Next“ you will get first to a website where you may enter your data and then you may choose the payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in terms of section 4 (2) of these GTC.

Sec. 6 Storage of the Contract Text

You will receive the contractual provisions together with information on the services booked including these GTC and the information on the right of revocation by e-mail together with our acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.

Sec. 7 Payment Conditions

The purchase price is due immediately after placing the order. The payment of the services can be made with credit card (we use the transmission method „SSL“ to encrypt your personal data) via our payment provider. Our bank details are: GeProS – German Project Solutions GmbH, Frankfurter Volksbank eG, DE55 5019 0000 4103 3924 68.

Sec. 8 Limitation of Liability

• We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the correct implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on the compliance with which you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable damage that is typical of this kind of contract. We are not liable for the slightly negligent breach of other obligations than those mentioned in the above sentences.
  The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the Gernan Product Liability Act (“ProdHaftG”) remains unaffected.
• Based on the current state of art, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. We are not liable for the constant and continuous availability of our online system.

Sec. 9 Copyright

• „Virtual Team Maturity Model” (“VTMM”) is a concept developed by the Licensor to analyze, evaluate, improve and re-assess efficiency, communication and trust within virtual teams, focusing on a variety of challenges such as intercultural communication, hierarchies, performance and organization.
• We are the holders of the copyright concerning all VTMM content. Under no circumstances may you copy, reproduce, recreate or distribute VTMM in a way not explicitly permitted by a licensing agreement.

Sec. 10 Final Provisions

• Amendments or supplements of these terms and conditions require the written form to be binding. This also applies to the annulment of this written form requirement.
• The law of the Federal Republic of Germany shall apply.
• Venue of performance isthe registered office of our company in 22089 Hamburg, Germany. All disputes arising in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) through one arbitrator without recourse to the ordinary courts of law. The place of arbitration is Hamburg, Germany.
• If individual provisions of these terms and conditions are ineffective, validity of the terms and conditions as a whole remains unaffected. The contractual parties shall amicably decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.