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General Terms and Conditions

Part A - General Part (VISTEMA)

1. provider, scope of application, priority

1.1 The contractual partner for all services under these GTC is the

VISTEMA GmbH
Address: Margaritenweg 9, 2301 Groß-Enzersdorf
E-mail (AGB contact): office@vistema.org
Represented by the managing partner Georg Breiner

Company register number: FN: 670331g
Competent commercial court: Korneuburg Regional Court

Tax number: GmbH in formation
UID: GmbH in formation

hereinafter referred to as VISTEMA for short.

1.2 These GTC shall apply to all contracts between VISTEMA and customers for services within VISTEMA®-world, in particular, but not exclusively::

1.3 Deviating or supplementary agreements with customers shall only apply if VISTEMA expressly agrees to them in writing.

1.4 Entries in specific sections of the GTC take precedence over entries in this general section.

2. terms

2.1 A customer is any natural or legal person who books or uses services from VISTEMA.

2.2 An entrepreneur is a natural or legal person for whom the booking or use of the services is part of the operation of their business (Section 1 (1) (1) KSchG).

2.3 A consumer is a natural person for whom the booking or use of the services is not part of the operation of a business (Section 1 (1) (2) KSchG).

2.4 Participants are persons who actually take part in a service (e.g. seminar, module, online format). Participants may be identical to the Customer or may be designated by the Customer. Insofar as these GTC provide for obligations or regulations for participants, these shall apply accordingly to the participating person.

2.5. VC (VISTEMA®-coaching) describes the VISTEMA® coaching concept, which is part of the VISTEMA®-world. VC is not an independent product in the sense of its own payment, booking or cancellation rules, unless this is expressly regulated differently in a specific offer.

3 Conclusion of contract and communication

3.1 The presentation of services on the website or in information material does not constitute a legally binding offer, but rather non-binding information combined with an invitation to book on your own responsibility.

3.2 Depending on the service, the contract is concluded in particular by:

and in any case requires written acceptance by VISTEMA.

3.3 VISTEMA shall be entitled to transmit notifications (e.g. confirmations, invoices, system instructions, access data) electronically.

3.4 Legally relevant declarations (e.g. notices of termination) can be sent to the above contact address.

4. prices, taxes, payment, third-party providers

4.1 The prices shown at the time of conclusion of the contract or individually agreed conditions in writing shall apply.

4.2 Unless expressly stated otherwise, prices include any statutory value added tax.

4.3 VISTEMA may process payments via external payment service providers (e.g. Stripe). The terms and conditions of the respective payment service provider shall also apply. VISTEMA is not a contractual partner for their services.

4.4 Invoices are always provided electronically.

4.5 Refunds shall only be made if a legal claim exists or if VISTEMA expressly agrees to do so. Product-related special rules (e.g. VA cancellation) shall remain unaffected.

5. provision of services, changes, availability

5.1 VISTEMA shall provide services to the contractually agreed extent. The specific content of the services is set out in the respective offer, the product description and the booked package.

5.2 VISTEMA may further develop and change services insofar as this is objectively justified, the functionality is essentially retained and customers are not unreasonably disadvantaged as a result.

5.3 Technical availability (in particular for VB/VM) may be restricted by maintenance, updates, disruptions to networks or third-party providers. VISTEMA shall announce maintenance work where possible and rectify faults within a reasonable period of time.

6 Confidentiality and records

6.1 Confidential content may arise when working with systemic topics. Clients and participants undertake to treat content from confidential settings, case work and personal information of third parties confidentially and not to pass it on to third parties.

6.2. Recordings (video/sound) will only be made if they are announced in advance. The announcement contains at least the purpose (e.g. learning material, internal quality assurance, documentation), access rules and the framework of the provision.

6.3. Nutshell formats and community meetings are always recorded. This will be explicitly announced again in the respective invitation.

6.4 Recordings shall be made in compliance with confidentiality in accordance with professional codes of conduct. VISTEMA shall take organizational and technical measures to adequately protect confidential content.

6.5 Participants who do not wish to appear in recordings shall use the options offered by VISTEMA in the respective format (e.g. deactivate camera, no requests to speak, participation via chat only), insofar as this is realistically feasible.

6.6 Own recordings by participants (image/sound/screenshots) are prohibited without the express consent of VISTEMA and the persons concerned.

7 Rights of use, documents, content

7.1 VISTEMA shall grant customers a simple, non-transferable, revocable right of use to software, media, documents and other content to the contractually agreed extent.

7.2 In particular, the following are prohibited:

7.3 Customers shall remain the owners of their own content (e.g. self-created board images), but shall grant VISTEMA the rights necessary for the technical provision, storage, display and transmission within the systems.

7.4 Conference documents, scripts, presentations/slides, handouts, transcript templates and other content provided or shown in the context of events (online and offline) are protected by copyright and are intended exclusively for personal, non-commercial use by customers.

7.5 It is prohibited without the prior express written consent of VISTEMA,

8 Warranty, liability

8.1 The statutory warranty provisions shall apply. In the case of entrepreneurs, the warranty may be limited to the extent permitted by law.

8.2 In the event of slight negligence, VISTEMA shall only be liable for personal injury and for damages resulting from the breach of essential contractual obligations (cardinal obligations) and the amount shall be limited to the typically foreseeable damage. Otherwise, VISTEMA shall only be liable in the event of intent or gross negligence, unless otherwise provided for by mandatory law.

8.3 VISTEMA shall not be liable for disruptions, delays or failures that are beyond VISTEMA's control (e.g. failures of third-party providers, networks, hosting, payment service providers), provided that VISTEMA is not at fault.

8.4 Clients are responsible for the correct application of the content/methods. VA/VM content does not replace medical, psychotherapeutic or other specialist treatment.

9. data protection

9.1 VISTEMA processes personal data in accordance with the current privacy policy on the website.

9.2 Insofar as Customers process personal content within the scope of VB, they themselves are responsible for compliance with data protection regulations (in particular legal bases, information, deletion, anonymization/pseudonymization). More details in module VB.

10 Consumer law, withdrawal (revocation) in the case of distance selling

10.1 If customers are consumers and the contract is concluded at a distance (e.g. online purchase), they are generally entitled to a statutory right of withdrawal.

10.2 Exceptions to the right of withdrawal may exist in particular:

10.3 Details on exercising the right of withdrawal and technical implementation (checkboxes/confirmations in the checkout) depend on the respective product.

11. final provisions

11.1 Austrian law shall apply to the exclusion of the conflict of law rules of private international law, insofar as permissible.

11.2. Place of jurisdiction is Vienna, to the extent permitted by law.

11.3 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision that comes closest to the economic purpose shall be deemed to have been agreed.

Part B - Modules

B1 - Module VB: VISTEMA®-Board

1. registration, account, security

1.1 The use of VISTEMA®-Boards requires registration. Details must be correct and up-to-date. Temporary e-mail addresses are not permitted.

1.2 The account is personal. An account may only be used by one natural person (1:1 connection). Passing on access data or sharing an account is prohibited unless VISTEMA offers an express multi-user license.

1.3 Customers must keep access data secret and inform VISTEMA immediately in the event of suspected misuse.

2. permitted use, obligations, misuse

2.1 In particular, the following are prohibited:

2.2 VISTEMA shall be entitled to take appropriate measures in the event of violations, in particular to block content, temporarily block accounts or terminate the contract for cause.

3. client data, anonymization, responsibility

3.1 Clients undertake to process personal data of third parties (e.g. clients) on the Board only if they are authorized to do so.

3.2 VISTEMA expressly recommends that client data only be depicted in anonymized or pseudonymized form. Clients are responsible for the lawfulness and documentation under data protection law.

4. availability, maintenance, changes

4.1 VISTEMA shall make the board available within the scope of technical possibilities. There is no entitlement to continuous availability at all times.

4.2 VISTEMA may carry out maintenance and further develop the system. Maintenance shall be announced whenever possible.

5 Term, termination, termination

5.1 Subscriptions are offered on a monthly or annual basis. The specific scope depends on the package booked.

5.2 Unless otherwise stipulated in the offer, a subscription shall be automatically renewed after expiry of the respective term for the same term (monthly by one month, annually by one year) at the currently applicable price.

5.3. Cancellation is possible at the latest 1 day before the end of the current subscription period.
Cancellation takes effect at the end of the current subscription period.

5.4 Cancellations can be made via the account or in writing (e-mail) to the above e-mail address.

5.5 After the end of the contract, access may be restricted or terminated. Insofar as VISTEMA offers hourly use or restricted access, this shall be based on the current offer.

6. blocking in the event of late payment

6.1 In the event of late payment, VISTEMA may block access until full payment has been made. Blocking shall not affect the payment obligation.

B2 - Module VA: VISTEMA®-Academy

1. registration, participation requirements

1.1 Registrations shall be considered in the order in which they are received. A contract is concluded upon confirmation by VISTEMA.

1.2 Participation requirements are set out in the respective invitation to tender. Customers are responsible for fulfilling these requirements.

2. service content, changes

2.1 The content, times, formats and trainers used shall be based on the invitation to tender. VISTEMA may make changes for objective reasons, provided this is reasonable for participants.

2.2 VISTEMA may cancel events for important reasons (e.g. illness, force majeure, insufficient number of participants). In this case, participation fees already paid shall be refunded or credited on request. There are no further claims, insofar as legally permissible.

3. payment

3.1 Unless otherwise agreed, participation fees shall be due after invoicing and within the specified period. VISTEMA may make participation dependent on receipt of payment.

4 Cancellation by participants

4.1 Cancellation rules, unless otherwise stipulated in the invitation to tender:

4.2 If a suitable replacement person is provided, the cancellation fee is waived.

5 Confidentiality, records, documents

5.1 Confidentiality applies in particular to case work and personal content. Participants undertake not to disclose any third-party content.

5.2 Recordings are made in accordance with Part A, Section 6. Nutshell formats and community meetings are always recorded.

5.3 Documents and content are protected by copyright and may only be used within the scope of the right of use granted.

6. personal responsibility

6.1 Participation is at the participant's own risk. VA offers serve the purpose of further training and reflection and do not replace medical or psychotherapeutic treatment.

B3 - Module VM: VISTEMA®-Media

1. provision and access (currently also via Podia)

1.1 Digital content (e.g. videos, digital materials, books) is provided via the system specified in the product description (currently also Podia).

1.2 Access is personal. Passing on logins or content to third parties is prohibited unless expressly permitted in writing.

2. rights of use

2.1 VISTEMA grants a simple, non-transferable right of use, limited to the agreed purpose (e.g. personal use or in-house training). Publication, dissemination or commercial exploitation is not permitted without the consent of VISTEMA.

In all other respects, reference is made to the provisions under point 7 of Part A.

3. withdrawal (B2C) for digital content

3.1 In the case of consumers, the right of withdrawal for digital content may be waived if consumers expressly agree that VISTEMA will commence performance of the contract before the expiry of the withdrawal period and they confirm that they are aware that they will lose their right of withdrawal as a result. It is also a prerequisite that VISTEMA has provided consumers with a contract confirmation in accordance with point 10.1, which contains this consent and acknowledgement. VISTEMA implements this technically in the checkout.

B4 - Module VE: VISTEMA®-Experts

1. purpose and quality protection

1.1 VE serves the purpose of quality protection, orientation and visibility of experts within VISTEMA®-world.

2. certification, decision, use of designations

2.1 Participation in a certification format entitles the holder to participate, but does not guarantee successful certification.

2.2 VISTEMA may refuse, suspend, revoke or withdraw certifications if conduct or circumstances are likely to adversely affect the interests, reputation or quality standards of VISTEMA or VE.

2.3 The use of titles, logos, badges or designations in connection with VE is only permitted within the scope approved by VISTEMA and may be prohibited in the event of termination/revocation.

3. dispute rule

3.1. If a dispute about the certification decision arises in connection with a certificate day, there is no entitlement to a (partial) refund. However, VISTEMA may provide for a (partial) refund of up to 50% of the participation fee paid for this in individual cases as a gesture of goodwill, less any benefits already granted, insofar as this is legally permissible and unless otherwise stipulated in the specific offer.

B5 - Module VN: VISTEMA®-Network

1. community rules and moderation

1.1 VN is a space for exchange. A respectful, professional approach applies.

1.2 In particular, the following are prohibited:

1.3 VISTEMA may moderate or remove content, restrict access or temporarily or permanently exclude persons in the event of violations. In principle, exclusion shall not give rise to any claim for reimbursement, unless mandatory law provides otherwise.

2. records

2.1 Community meetings are always recorded. Part A, section 6 (announcement, confidentiality, access) applies.

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