Terms & Conditions

Tim Jamboula
Sanderstraße 18, 12047 Berlin
Email: info@corporathon.com

Hereinafter referred to as the "Contractor". The contracting partner is referred to as the "Client".

1. The subject matter of the contract is the services of the Contractor agreed in the respective offer, in particular the conception and execution of hackathons, workshops, trainings and events in the field of artificial intelligence as well as related consulting, service and work performances.
2. The Contractor owes a careful performance of services corresponding to the state of the art current at the time of performance, unless otherwise agreed. The service is to be rendered in German, unless otherwise agreed. The Contractor is obliged to remain neutral when rendering the service.
3. Insofar as consulting or training services are agreed, the Contractor owes competent performance, but not any particular economic outcome.

1. The parties ensure, through organizational measures, that the Contractor's staff deployed in the performance of services remain exclusively subject to the Contractor's right of direction and disciplinary authority. There is no integration into the Client's organization.
2. Both parties each designate a responsible point of contact. The Client submits requirements exclusively to this contact and issues no instructions to any other personnel deployed. Deployed personnel do not enter into an employment relationship with the Client, even where they render services on the Client's premises.
3. The Contractor generally determines the place and time of performance itself. Temporal, spatial and technical requirements must be observed insofar as they arise from the service description or from agreed schedules or performance plans, or are necessary to achieve the purpose of the engagement. The Contractor is responsible for the necessary work equipment unless otherwise agreed.

1. Unless otherwise agreed in the contract, upon full payment of the agreed remuneration the Contractor grants the Client a simple (non-exclusive), temporally and geographically unrestricted, transferable and permanent right to use, store, reproduce and edit the work results created specifically for the Client (e.g. concepts, analyses, reports, presentations, individually created prototypes and documentation) for the Client's own business purposes within the Client's company.
2. Pre-existing works of the Contractor, in particular methods, frameworks, templates, software components, checklists and formats (including the concept and delivery methodology of hackathons and trainings), remain the property of the Contractor. The Client only receives the right to use them in connection with the use of the work results. Independent exploitation, disclosure or sublicensing of these pre-existing works is only permitted with separate written consent and, where applicable, against additional remuneration.
3. The right of use under paragraph 1 only takes effect upon full payment of the remuneration owed for it. Until then, use is only permitted for testing and coordination purposes.
4. The moral rights of the Contractor and its staff remain unaffected.

1. Where the Contractor carries out a hackathon, workshop or comparable event for the Client, the substantive results developed by the Client's participants (ideas, prototypes, elaborations) belong to the Client as between the parties, unless otherwise agreed.
2. The event format, methodology, task assignments, coaching material, and the tools and templates provided by the Contractor remain the property of the Contractor (§ 3 paragraph 2).
3. If third parties who are not employees of the Client take part in the event, the rights to their results must be regulated separately. The Contractor will point out any such need for regulation but assumes no liability in this regard.

The Client supports the Contractor in performing the contract and provides the necessary staff, information and access in good time. The Client grants the Contractor access to the necessary business premises during usual business hours. If the Client fails to fulfil its duties to cooperate in good time, agreed dates are postponed accordingly; any resulting additional effort may be invoiced separately.

1. If no service times are agreed, Monday to Friday from 9:00 a.m. to 5:00 p.m. (excluding statutory public holidays at the Contractor's place of business) shall apply as service times.
2. If no response times are agreed, the services must commence without undue delay after receipt of the relevant notification within the service times.

1. Statements regarding the timing of performance are non-binding unless expressly confirmed in writing as binding. Partial performance is permitted.
2. Performance deadlines are extended by the period during which the Contractor is prevented from performing due to labor disputes, force majeure, failure of suppliers, illness of staff, or other unforeseeable events beyond its control, plus a reasonable restart period. The same applies for as long as the Contractor is awaiting information or cooperation from the Client.
3. Reminders and deadline notices from the Client require text form. If the Contractor is in default, claims only arise after the unsuccessful expiry of a reasonable grace period of at least twelve working days.

1. Payments are due without deduction within 14 days of receipt of the invoice. The interest rate for maturity and default interest is 9 percentage points above the respective ECB base rate (§ 288 (2) of the German Civil Code); otherwise, the statutory provisions apply.
2. The Contractor is a small business under Section 19 of the German VAT Act (Kleinunternehmerregelung). No VAT is charged or shown on the prices stated.
3. The Client may only set off undisputed or legally established claims. A right of retention only exists with respect to claims arising from the same contractual relationship.

1. Insofar as work performance is owed, the Contractor may, upon completion, request a written declaration from the Client that the service has been rendered in accordance with the contract. The declaration must be issued within two weeks. Acceptance is deemed to have occurred if the Client uses the service for more than four weeks after provision without giving written notice of material defects, or if it pays without reservation.
2. For pure services (e.g. ongoing consulting), no acceptance takes place.

1. The Client must give written notice of obvious defects within a reasonable period, describing the defect precisely. Late or unfounded notices release the Contractor from its performance obligations to that extent; if the Contractor nevertheless takes action, it will invoice the effort involved.
2. If subsequent performance has finally failed, the Client may reduce the remuneration or withdraw from the contract. § 11 applies to claims for damages.
3. The Contractor supports the Client in troubleshooting even where a defect has not been established. If the service turns out to be free of defects, the Contractor will invoice the effort involved.
4. The warranty lapses if work results have been altered and the Client does not prove that the defect is independent of this alteration.
5. The warranty period is one year from acceptance, unless otherwise agreed.

1. The Contractor is liable without limitation for intent or gross negligence, for injury to life, body or health, under the Product Liability Act, and for guarantees assumed.
2. In all other cases, the Contractor is only liable for breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential for the proper performance of the contract and on whose observance the Client may regularly rely, limited to the foreseeable damage typical for this type of contract. Liability is otherwise excluded.
3. Strict liability for defects already existing at the time the contract was concluded (§ 536a of the German Civil Code) is excluded.
4. Claims for damages against the Contractor are subject to a limitation period of one year from the statutory commencement of the limitation period, except in the cases under paragraph 1.

The Contractor warrants that no third-party rights conflict with the granting of rights under this contract. If third parties assert conflicting intellectual property rights against the Client, the Client will notify the Contractor in writing without undue delay. The Contractor may, at its own expense, defend against or satisfy the claims, reimburse the Client's defense costs, or replace the affected services with equivalent ones within a reasonable period.

The parties will keep confidential all confidential information, documents and data that become known to them in the course of the cooperation, will not make them accessible to third parties, and will not use them outside the purpose of the contract. They will bind their deployed staff to confidentiality in writing. The Contractor will delete data provided to it on request and return or destroy documents provided, insofar as no statutory retention obligations conflict with this. The confidentiality obligation continues to apply after the end of the contract.

1. The parties will observe the applicable data protection provisions, in particular the GDPR and the German Federal Data Protection Act (BDSG).
2. If the Contractor processes personal data on behalf of the Client, the parties will enter into a data processing agreement pursuant to Article 28 GDPR before processing begins.
3. Information on the processing of personal data by the Contractor as controller can be found in its privacy policy.

1. The Client grants the Contractor the simple, non-transferable right, revocable at any time for good cause, to use the Client's company name and logo as a reference (in particular on the website, in presentations, proposals, case studies and on social media). Use is solely for the Contractor's marketing and advertising purposes, in compliance with any brand guidelines of the Client and without derogatory or misleading representation. Confidential information will not be disclosed.
2. The Client agrees to provide, upon request, brief written feedback (a testimonial) after completion of the project or defined project phases. The Contractor may only publish positive feedback naming the Client's company name and logo. The testimonial will be submitted to the Client for review before publication; approval may not be unreasonably withheld or delayed. Editorial shortening without distorting the content is permitted.
3. These rights apply for an unlimited period, but exclusively for the purpose of the Contractor's own advertising. Personal data (e.g. names or photos of the Client's staff) will only be used with the separate prior consent of the person concerned. The confidentiality obligations under § 13 remain unaffected.

1. The place of jurisdiction for all disputes arising from this contractual relationship is Berlin, insofar as the Client is a merchant, a legal entity under public law, or a special fund under public law.
2. Amendments and additions to this contract require text form. This also applies to any waiver of this form requirement.
3. The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
4. Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions remains unaffected.