Terms and Conditions
General Terms and Conditions of ICS - Individual Coaching Solutions
1. Scope of application
1.1 The following General Terms and Conditions (GTC) regulate the relationship between ICS - Individual Coaching Solutions, Schwaneweder Str. 63, 28779 Bremen, and its customers for contracts in the field of tutoring and coaching. The GTC apply to contracts concluded via the website https://www.icsolutions.pro as well as at the locations of ICS - Individual Coaching Solutions.
1.2 These GTC are available under https://www.icsolutions.pro/AGB.
1.3 If the term "customer" is used in the following, the contractual partner of ICS - Individual Coaching Solutions is meant. "Registered Person" refers to the person who makes use of the tutoring services of ICS - Individual Coaching Solutions on the basis of a concluded contract.
2. Details of the agreement
2.1 ICS - Individual Coaching Solutions offers online tutoring as well as on-site tutoring. If the following does not explicitly refer to online courses or on-site tutoring only, the following regulations apply to all tutoring services of ICS - Individual Coaching Solutions.
2.2 In principle there is no claim to a specific date or a specific tutor.
2.3. The use of the teaching contents is only allowed for private purposes, a commercial or business use or public demonstration is only allowed with the explicit permission of ICS - Individual Coaching Solutions.
2.4 Only the person registered for tutoring may use the services according to the contract. A transfer to third parties is not allowed.
2.5 ICS - Individual Coaching Solutions is entitled to have the contractual obligations performed by freelancers and expert third parties.
3. Conclusion of the contract (only applies to online tutoring)
3.1 The offers on the website https://www.icsolutions.pro.de are not binding offers from ICS - Individual Coaching Solutions. They merely serve as a request to the client to submit an offer.
3.2 A booking form is provided online for the submission of an offer to conclude a contract. After going through the order process and confirming these terms and conditions the customer submits a legally binding offer to conclude a contract by clicking the button "Book" and going through the subsequent payment process. The customer will be informed immediately by email about the receipt of the order. This order confirmation also contains another link to these General Terms and Conditions. However, this email does not yet represent the acceptance of the customer's offer.
3.3 The contract is only concluded when a separate email is sent with confirmation of the contract by ICS - Individual Coaching Solutions or when the service is started. ICS - Individual Coaching Solutions is entitled to accept the contract offer contained in the order within 5 working days by sending a contract confirmation or to refuse the acceptance of the order without giving reasons.
4. Teaching options and duration of the units
4.1 Individual lessons: One lesson lasts 90 minutes.
4.2. Lessons in small groups
The tutoring takes place in small learning groups with up to 10 registered persons. One teaching unit lasts 90 minutes.
4.3 Lessons in large groups (MOOCs)
The tutoring takes place in groups of 10 or more registered persons. One teaching unit lasts 90 minutes.
4.4 Mental Training
Mental Training Coaching in individual lessons has a duration of 60 minutes per unit and can only be purchased in a package of 5 units in total.
5. Requirements for the execution of online lessons
5.1 ICS - Individual Coaching Solutions points out that certain technical requirements must be met by the customer in order to use online tutoring. It is the responsibility of the customer to create the technical requirements for himself/herself or the registered person at his own expense in order to be able to use the online services provided by ICS - Individual Coaching Solutions.
5.2 ICS - Individual Coaching Solutions uses freely available third-party software from software providers for the warranty of online services. This is not on behalf of ICS - Individual Coaching Solutions. It is the customer's responsibility to download and install these software applications. ICS - Individual Coaching Solutions reserves the right to change the software used to guarantee online coaching. In such a case it is the customer's responsibility to make the necessary adjustments within 4 weeks of becoming aware of this and to bear any costs incurred. If the customer is not able to make the adjustment, he is free to terminate the contract extraordinarily.
5.3 ICS - Individual Coaching Solutions points out that a complete protection is not possible when using the internet and data transfer. It is the responsibility of the customer to take the necessary precautions to secure his system himself.
6. Failure of teaching units
6.1 Each registered person will be allocated regular appointments per week. These appointments are binding without further appointment arrangements and is determined by ICS - Individual Coaching Solutions in consultation with the client.
6.2 Agreed teaching units in the form of individual lessons as well as mental coaching can be cancelled up to 24 hours before the agreed date for important reasons (e.g. illness or school trip). Units cancelled within this period can be made up until the end of the respective school year. There is no claim to make up for lessons cancelled by the customer in time after the end of the school year.
6.3 If the 24h deadline is not observed, the obligation to pay - without replacement lessons - remains in force.
6.4 For each person registered for individual lessons an account is kept, the status of which can be requested from ICS - Individual Coaching Solutions. A refund of credit hours is generally not possible.
6.5 A lesson missed by a student in group lessons cannot be made up.
6.6 Should a registered person repeatedly behave in a grossly disruptive manner during group lessons, he/she can be excluded from the lessons in the interest of the other registered persons without any claim for replacement lessons or refund.
6.7 If a participating person should appear more than 15 minutes late for an online lesson without excuse, there is no claim to the lesson and the lesson expires.
7. School holidays
Classes take place during all school holidays with the exception of the public holidays of the respective federal state. During the summer holidays, lessons are held in the form of intensive block modules, the respective scope of which corresponds to the contractually agreed teaching hours. For these lessons during the summer holidays, the normal fees will be charged.
8. Prices and terms of payment, default of payment
8.1 The contractually agreed prices apply. The services of ICS - Individual Coaching Solutions in the field of tutoring are currently exempt from VAT according to § 4 No. 21 a) bb) UStG. The prices are net prices. In addition, the client owes the respectively valid sales tax.
8.2.The current fees of a term contract as well as payments for one-time services (e.g. Mental Coaching) are due monthly or once in advance when paying by credit card or Paypal based on the contract conclusion date.
In the case of payments by SEPA direct debit, the payments due are collected in advance on the 1st of the month.
8.3 The customer shall bear the costs of any return debits.
8.4 If the client is in default with the payment of at least two monthly fees, ICS - Individual Coaching Solutions is entitled to make use of his special right of termination. In addition the usual reminder fees as well as default interest will be charged. In the mentioned case ICS - Individual Coaching Solutions is entitled to charge a lump sum for damages, based on contract duration, contract type and actually used tutoring units.
9. Periods of notice
The contract is valid for the agreed contract period and can be cancelled up to 4 weeks before expiry. Otherwise, the contract is extended by the agreed term. There is a special right of termination for good cause on the part of the customer, i.e. in case of change of school, change of residence or serious illness. The termination must be made in writing.
10. Data protection
ICS - Individual Coaching Solutions collects and uses the personal data of the client or the registered person given at the conclusion of the contract in compliance with the applicable data protection regulations. The use of the personal data is for the purpose of processing the existing contractual relationship with the customer. The customer explicitly agrees to this collection, processing and use of his personal data. The collection, processing and use of the personal data of the customer or the registered person is carried out in compliance with Bundesdatenschutzgesetz (BDSG) (the Federal Data Protection Act) and the Telemediengesetz (TMG) (Telemedia Act).
11. Cancellation policy (only for contracts concluded via the website)
If a contract is concluded using the website https://www.icsolutions.pro, the customer, if the customer is a consumer, has the right of revocation in accordance with the statutory provisions and the following revocation instruction.
11.1 Right of revocation (only for contracts concluded via the website)
You have the right to revoke the contract within fourteen days from the date of conclusion of the contract without giving reasons.
In order to exercise your right of revocation, you must inform us, ICS - Individual Coaching Solutions (email: firstname.lastname@example.org) by means of a clear statement (e.g. by email) of your decision to revoke this contract. In order to comply with the revocation period, it is sufficient that you send the notification of your decision to exercise your right of revocation before the end of the revocation period.
11.2 Consequences of revocation (in the case of contracts concluded via the website)
If you revoke this contract, we shall reimburse you for all payments we have received from you within fourteen days at the latest from the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you.
If you have requested that the services should commence during the cancellation period, you will be required to pay an amount equal to the proportion of the services already provided by the time you notify us that you wish to exercise your right of cancellation in respect of this agreement compared to the total amount of services provided under the agreement.
12. Final provisions
Oral agreements do not exist. Changes and additions to this contractual agreement must be made in writing.
Should individual provisions of this contractual agreement be or become invalid or should this contractual agreement contain loopholes, the validity of the remaining provisions shall not be affected. The invalid or ineffective provision shall be replaced by another valid provision which comes as close as possible to the intention of the contractual partners.
ICS - Individual Coaching Solutions is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Status December 2019