Terms and Conditions (T&C)
Last updated: February 2026
1. Scope
These Terms and Conditions (T&C) apply to all services provided by
Gerd Bommer, Brückenkopfgasse 1, 6th Floor, 8020 Graz, Austria (hereinafter referred to as the “Provider”),
to its business clients (hereinafter referred to as the “Client”), unless otherwise agreed in writing.
These T&C apply exclusively to contracts with entrepreneurs within the meaning of § 1 UGB (B2B). Any engagement with consumers shall require a separate written agreement and is not covered by these T&C.
2. Conclusion of Contract
A contract is concluded once the Client accepts a written or electronic offer from the Provider or makes use of the Provider’s services.
All agreements, changes, and additions must be made in writing (email is sufficient).
3. Scope of Services
The specific scope of services is defined in the respective offer, service description, or individual contract.
The Provider may deliver partial services if this is reasonable for the Client.
For advisory services, speaking engagements, digital products, or workshops, the content, duration, access conditions, and deliverables are specified in the respective offer or service description.
4. Client Obligations and Cooperation
The Client agrees to provide all information, materials, approvals, and access necessary for the proper execution of the contract in a timely manner.
Delays caused by the Client’s failure to cooperate or provide information will extend any agreed deadlines accordingly.
5. Cooperation and Communication
Agreements and approvals made by email are considered binding and in written form.
Any change requests or additional services after the project start must be confirmed in writing and may incur additional costs.
The Client shall designate one main contact person responsible for communication and project coordination.
6. Fees and Payment Terms
All agreed prices are in euros and exclusive of VAT unless stated otherwise.
Payments are due 14 days from the invoice date, without deductions.
In the event of late payment, the Provider is entitled to charge statutory default interest and suspend ongoing work until full payment has been received.
For recurring services (e.g. monthly retainers, maintenance, or advisory packages), invoicing is carried out according to the agreed billing interval.
The Provider is entitled to withhold services, materials, or access rights until all outstanding payments have been settled.
7. Cancellations and Rescheduling
Cancellations must be made in writing.
If the Client cancels up to 60 days before the agreed start date of the service, no cancellation fee shall apply.
If the Client cancels less than 60 days before the agreed start date, the Provider is entitled to charge 100% of the agreed fee, unless the Provider is able to allocate the reserved capacity to another project or engagement. In such case, the fee shall be reduced accordingly.
Once a service has started, cancellation is excluded and no refunds shall be granted.
Rescheduling or postponements are possible up to 60 days before the agreed appointment date, subject to availability and written confirmation by the Provider. Any additional costs incurred due to rescheduling (e.g. travel, accommodation, external service providers) shall be borne by the Client.
8. Usage Rights and Copyright
Unless otherwise agreed, all copyrights and usage rights to all materials created or provided by the Provider (including presentations, slides, handouts, frameworks, concepts, workshop content, and documentation) remain exclusively with the Provider.
The Client receives a limited, non-transferable, non-exclusive right to use the Provider’s name, title, and selected excerpts of the provided material solely for the purpose of promoting the specific event or engagement for which the services were booked (e.g. on the Client’s website and official social media channels).
Any permitted use of materials or promotional excerpts is conditional upon full payment of all agreed fees.
Any further use, in particular reproduction, internal distribution, publication, incorporation into internal training programs, or commercial exploitation, is prohibited unless expressly agreed in writing.
9. Intellectual Property and Content Protection
All methodologies, concepts, frameworks, strategies, presentations, training materials, documents, templates, and other intellectual property developed or used by the Provider remain the exclusive property of the Provider, unless expressly agreed otherwise in writing.
The Client receives only the usage rights explicitly granted under these T&C. No transfer of ownership, source files, or underlying know-how shall be deemed to occur.
The Client shall not remove copyright notices, proprietary markings, or confidentiality legends from any materials provided by the Provider.
10. Recording, Reproduction and Distribution
Any audio, video, screen recording, live-streaming, or other form of recording of the Provider’s performance or services (including workshops, speaking engagements, online sessions, and presentations) is prohibited unless expressly approved in writing by the Provider in advance.
The Client is permitted to take photographs and short video excerpts of the event solely for the purpose of promoting the specific event and the Client’s own brand on the Client’s official website and social media channels. Such excerpts must be reasonable in scope and must not constitute a full or substantial reproduction of the Provider’s performance or materials.
The Client shall be solely responsible for ensuring that any such publication complies with applicable laws and third-party rights, and the Provider assumes no liability for claims arising from the Client’s use or publication.
Any further reproduction, distribution, publication, broadcast, upload, sharing, or other making available of the Provider’s materials or performance is prohibited without prior written consent.
In particular, the Client is not permitted to:
- record or publish the full session or substantial parts thereof;
- upload materials or recordings to internal or external learning platforms;
- create or distribute transcripts, summaries, translations, or derivative works;
- use the Provider’s content for internal training, onboarding, or educational purposes;
- resell, sublicense, or commercially exploit the content in any form;
- upload, process, transcribe, analyse, or otherwise use the Provider’s content in artificial intelligence systems or automated processing tools without prior written approval.
Any use beyond the limited promotional purpose described above requires a separate written licensing agreement specifying scope, duration, territory, and remuneration.
11. Use of Name, Brand and References
The Client is entitled to use the Provider’s name, professional title, and event-related promotional materials (including approved photos and short excerpts) solely for the purpose of promoting the specific event or engagement for which the Provider was booked, including publication on the Client’s website and official social media channels.
Any use beyond such event-related promotion, in particular for general marketing campaigns, advertising, endorsements, or commercial communications unrelated to the event, requires prior written consent of the Provider.
The Provider may reference the Client’s name and logo as a business reference unless the Client objects in writing for legitimate confidentiality reasons.
No party shall imply endorsement, partnership, or joint venture unless expressly agreed in writing.
12. Online Courses and Digital Products
When purchasing digital products (e.g. downloads, templates, video courses), the Client acknowledges that delivery may occur immediately after purchase.
Digital content is for the purchaser’s internal business use only and may not be shared with third parties unless explicitly agreed in writing.
13. Confidentiality
Both parties agree to treat all information obtained during cooperation as strictly confidential and not to disclose it to third parties.
This obligation remains in force even after termination of the contract.
14. Disclaimer of Success and Advisory Nature of Services
The Provider renders advisory and speaking services based on experience, expertise, and professional judgment.
No specific economic success, business result, or performance outcome is owed or guaranteed.
Any recommendations, forecasts, projections, or assessments provided by the Provider are non-binding and depend on proper implementation and external factors beyond the Provider’s control.
The Client remains solely responsible for business decisions, implementation measures, and compliance with applicable laws and regulations.
15. AI and Automated Processing Restrictions
The Client shall not use any materials, recordings, documentation, or intellectual property provided by the Provider for the purpose of training, fine-tuning, or developing artificial intelligence systems or machine learning models without prior written consent.
Uploading, processing, storing, transcribing, summarising, translating, or analysing the Provider’s content in AI-based systems, automated tools, or third-party platforms is prohibited unless expressly permitted in writing by the Provider.
This applies irrespective of whether such processing is performed internally or by external service providers.
16. Liability
The Provider shall be liable only for damages caused by wilful misconduct or gross negligence.
In cases of slight negligence, the Provider shall be liable only for breaches of essential contractual obligations (cardinal obligations) and limited to the foreseeable damage typical for this type of contract.
Liability for indirect damages, consequential damages, loss of profit, loss of data, or pure financial loss is excluded to the extent permitted by law.
In any event, the Provider’s total liability arising out of or in connection with the respective contract shall be limited to the amount of fees paid by the Client under that contract.
The Client is responsible for implementing adequate data backup and security measures. The Provider shall not be liable for data loss to the extent such loss could have been avoided through proper backup procedures.
For services provided via online platforms, third-party tools, or external service providers, the Provider assumes no liability for technical failures, interruptions, delays, or access restrictions beyond the Provider’s reasonable control.
17. Subcontractors
The Provider is entitled to engage subcontractors or third-party service providers for the performance of services, provided that the Provider remains responsible for proper contractual performance.
18. Force Majeure and Travel
The Provider shall not be liable for delays or non-performance caused by events beyond reasonable control, including but not limited to force majeure, natural disasters, strikes, government restrictions, epidemics, transportation disruptions, or technical infrastructure failures.
If performance becomes impossible or unreasonable due to such circumstances, the parties shall agree on a new date or adjusted format of performance.
Unless otherwise agreed, reasonable travel and accommodation expenses related to on-site services shall be reimbursed by the Client.
Any non-refundable costs incurred due to cancellation or rescheduling shall be borne by the Client.
19. No Employment or Agency Relationship
The Provider acts as an independent contractor.
Nothing in these Terms or in any contractual relationship shall be construed as creating an employment relationship, partnership, joint venture, or agency relationship between the parties.
The Provider is not authorized to make legally binding declarations on behalf of the Client, nor to represent the Client in any legal or commercial matters, unless expressly agreed in writing.
20. Contract Term and Termination
Unless a fixed term has been agreed, either party may terminate the contract in writing with a notice period of 30 days to the end of the month.
The right to extraordinary termination for good cause remains unaffected.
21. Data Protection
Personal data is processed exclusively in accordance with applicable data protection regulations (GDPR, Austrian DSG).
For details, please refer to the Privacy Policy available at https://gerdbommer.com.
22. Applicable Law and Dispute Resolution
These Terms and Conditions are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.
Any dispute arising out of or in connection with these Terms shall first be submitted to mediation.
If no settlement is reached within 30 days, the dispute shall be finally settled under the Rules of Arbitration of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by one arbitrator.
The seat of arbitration shall be Vienna, Austria. The language of the proceedings shall be English.
For matters not subject to arbitration, the competent courts in Graz, Austria shall have exclusive jurisdiction, unless mandatory legal provisions stipulate otherwise.
23. Final Provisions
Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.
The invalid provision shall be replaced by a valid one that best reflects the intended economic purpose.
Amendments and additions to these Terms and Conditions must be made in writing.