for the provision of services by Incublix e.U., Professor Hamp Straße 5, 87745 Eppishausen, Germany, Email: info@incublix.com (hereinafter referred to as the "Contractor") to its customers (hereinafter referred to as the "Client")
1. General Provisions
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor that include these GTC.
1.2 The Contractor is entitled to commission the necessary services to subcontractors in its own name and for its own account. These subcontractors may also engage further subcontractors. In such cases, the Contractor remains the sole contractual partner of the Client. The Contractor shall not use subcontractors if it is apparent that this would conflict with the legitimate interests of the Client.
1.3 If other contractual documents or business terms have also been made part of the contract in writing or in text form alongside these GTC, then in case of conflict, the provisions of those additional documents shall take precedence over these GTC.
1.4 Deviating terms and conditions used by the Client are not recognized unless the Contractor explicitly agrees to them in writing.
2. Subject Matter of the Contract and Scope of Services
2.1 The Contractor, acting as an independent business entity, provides the following services to the Client:
Incublix is an online platform for booking and accessing digital video courses focused on entrepreneurial and business-relevant topics. The courses are created by external experts and made available to users for individual learning and development.
2.2 The specific scope of services is determined by individual agreements between the Contractor and the Client.
2.3 The Contractor performs the agreed services with the highest possible care and diligence, in accordance with the latest standards, rules, and knowledge in the field.
2.4 While the Contractor is obligated to provide the agreed services, they are not subject to specific instructions regarding how, where, or when the services are performed. However, the Contractor shall organize their workdays and scheduling in such a way that optimal efficiency in the execution of their tasks and the realization of the contract is ensured. Service provision is carried out in coordination with the Client.
3. Client's Duties to Cooperate
The Client is responsible for providing all necessary information, data, and other content in full and accurately to enable the Contractor to perform the services. The Contractor is not liable for delays in performance caused by late or insufficient cooperation from the Client. This does not affect any provisions under the section "Liability / Indemnification."
4. Compensation
4.1 The compensation is agreed upon individually in each contract.
4.2 Payment is due after the services are provided. If the compensation is time-based, it is payable at the end of each billing period (§ 614 BGB). For effort-based billing, the Contractor may—unless otherwise agreed—issue a monthly invoice for the services rendered.
4.3 After performing the services, the Contractor will issue an invoice to the Client by post or email (e.g., as a PDF). Payment is due within 14 days after receipt of the invoice.
5. Liability / Indemnification
5.1 The Contractor shall be fully liable in cases of intent or gross negligence, for injury to life, body, or health caused by intent or negligence, for any warranties (unless otherwise agreed), and where liability is mandatory by law. If the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable, contract-typical damage—unless unlimited liability applies as outlined above. Material contractual obligations are those whose fulfillment is essential for achieving the purpose of the contract and on which the Client may regularly rely. Otherwise, any liability of the Contractor is excluded. These liability provisions also apply to legal representatives and agents of the Contractor.
5.2 The Client agrees to indemnify the Contractor from any third-party claims that arise from violations of these terms or applicable laws by the Client.
6. Contract Duration and Termination
6.1 The contract duration and notice periods for ordinary termination are agreed individually by the parties.
6.2 The right of both parties to terminate the agreement without notice for cause remains unaffected.
6.3 Upon termination of the contract, the Contractor shall promptly return or destroy all materials and content provided by the Client, as per the Client's instruction. The right to retain such materials is excluded. Electronic data must be deleted completely, except for those that must be retained under applicable legal obligations—and only until the end of such retention periods. Upon request, the Contractor shall confirm the deletion in writing.
7. Confidentiality and Data Protection
7.1 The Contractor shall treat all information obtained in connection with the contract as strictly confidential. The Contractor shall impose the same confidentiality obligations on all employees and/or third parties who have access to the contract-related information. This obligation continues indefinitely, even after the end of the contract.
7.2 The Contractor agrees to comply with all applicable data protection laws—particularly the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act—when carrying out the contract.
8. Final Provisions
8.1 The laws of the Federal Republic of Germany shall apply, excluding the CISG.
8.2 If any provision of these GTC is or becomes invalid, the remaining provisions shall remain unaffected.
8.3 The Client agrees to reasonably support the Contractor in performing the agreed services by providing necessary information and data.
8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or if they have no general place of jurisdiction in Germany, the place of jurisdiction for all disputes shall be the Contractor’s registered office. Mandatory exclusive places of jurisdiction remain unaffected.
8.5 The Contractor may amend these GTC for objectively justified reasons (e.g., changes in legislation, case law, market conditions, or business strategy) with reasonable notice. Existing clients will be informed of such changes by email at least two weeks before they take effect. If the client does not object within the deadline specified in the notice, the changes shall be deemed accepted. If the client objects, the changes will not take effect, and the Contractor may terminate the contract as of the change's effective date. The notification will highlight the deadline and the consequences of failure to object.
9. Online Dispute Resolution / Consumer Dispute Resolution
The European Commission provides a platform for online dispute resolution at: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for resolving disputes related to online purchase or service contracts involving consumers, out of court. The provider is neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board in accordance with the VSBG.
Our email address is listed in the header of these GTC.