AGB's

General Terms and Conditions for the Competence and Networking Programme for Managers in the Creative Industries

1) Offer overview

Ensider.net GmbH (hereinafter Ensider) was founded in 1982 as Forum Media Akademie. As an integrative market player for managers in the creative industries, the company offers the following services, among others:

• Conferences in presence and/or online
• Networking events for cultural exchange in person or online, in some cases also via
  Third-party digital services, in particular social media
• Access to current market data and industry news
• Qualification programmes for personal, autodidactic further development
• Moderated and curated qualification programmes

The basic offer consists of an annual subscription. Individual digital services can sometimes be booked in addition to the annual subscription. Only face-to-face events can also be purchased without an annual subscription.

2) Registration and access

If offers are not freely accessible, a registration, sometimes subject to a fee, is required for proper processing and administration. If further information is required, you will be informed of this during the application. You can find detailed information on the handling of personal data by Ensider in our privacy policy. When interacting with other users, we urge you to adhere to appropriate netiquette and not to exchange any data with third parties that concerns business secrets, data protection or antitrust law. Your registration is binding and will be processed in the order in which we receive it. The prices stated in the online shop on the booking date apply. We will invoice the participation fees immediately after booking or at the latest shortly after the start of the event or course with immediate payment terms.

3) Special conditions

The Ensider:Nation service is only available to people who are either members of a
recognised professional association that has concluded a corresponding cooperation agreement with Ensider or b) students at a German university. Individual co-operation partners and sponsors offer access to special conditions or special contingents.
Ensider reserves the right to no longer grant the corresponding special conditions for contract renewals if the co-operation is terminated.

4) Framework agreements

Sustainable and long-term use is made possible in particular by the Ensider:Partner programmes for individual companies (Corporate) and corporate groups (Enterprise).

5) Substitution

You can assign your entitlement to booked services to a substitute at no additional cost as long as the substitute also fulfils the relevant requirements.

6) Cancellation

You can withdraw from the contract at any time, but please note that you will incur the following processing fees:

• Cancellation up to 4 weeks before the start of the event or course: 10% of the participation fees (min. €
  50,-; max. € 350,-) plus VAT.
• Cancellation from 4 weeks before the start of the event or course: the full participation fee plus VAT.
• This also applies if the registered participant does not attend.
• For e-learning and longer-term programmes, in particular Ensider:Nation or Ensider:Partner,
  no payments already made will be refunded even in the event of premature cancellation.

7) Cancellation of events

Ensider reserves the right to cancel the event due to insufficient demand or number of participants or for other important reasons for which we are not responsible (e.g. sudden illness of the speaker, force majeure). Participation fees already paid will of course be refunded. In the case of sponsoring combination packages, any cancellation will be communicated via the second component of the combination offer.
compensated. Further liability and compensation claims arising from the cancellation or change to the event that do not relate to injury to life, limb or health are excluded, unless Ensider has acted with intent or gross negligence. Please note that this also applies to hotel rooms booked by you as well as flight or train tickets.

8) Reservation of the right to make changes

We are entitled to make necessary changes to the content, methodology and organisation or deviations (e.g. due to changes in the law) before or during the event, provided that these do not significantly change the benefits of the announced event for the participant. If necessary (e.g. illness, accident), we are entitled to replace the scheduled speakers with other persons who are equally qualified with regard to the announced topic. The documents provided as part of the training programme are prepared to the best of our knowledge and belief. Liability and guarantee for the correctness, topicality, completeness and quality of the contents are excluded.

9) Retention of title and use of teaching material

We reserve unrestricted ownership of all deliveries of teaching materials until the customer has fulfilled all payment obligations in full. The passing on to third parties or public distribution or making available of course documents or teaching materials is not authorised. In particular, the publication of audio or video data, digital presentations or scripts on publicly accessible internet portals (sharing) is prohibited.

10) Photo and video recordings

Photographs, audio and video recordings may be made of participants at the events. By participating, you expressly grant Ensider permission for unlimited and unrestricted use for documentation, advertising and press work.

11) Regulations for workshop participants

The self-study content offered does not serve as preparation for an examination or certificate. Attendance certificates or certificates can only be issued if the teaching is predominantly synchronous or takes place in person.

12) Ensider: Partner

The contract is concluded for 1 year and can be cancelled three months before the end of the contract. The contract is automatically extended for a further year if the cancellation deadline is not met. Partner membership is only valid for "Lounge" (blended networking), "Academy" (online training courses) and "Forum" (conferences). The ticket from the Enterprise or Corporate category is company-related, but not person-related; the organiser must be informed of the participant's name at least 10 days before the start of the event. The fees for the annual membership must be paid upon receipt of the invoice.

13) Special conditions for the use of Ensider:Intelligence

Ensider:Intelligence offers companies and their employees digital learning opportunities on various topics and is aimed exclusively at companies. The offering includes presentations, textbooks, audio recordings, videos by experts, application modules such as checklists, implementation tips and instructions in PDF format for download.

14) Secrecy

The relationship of trust between all parties involved requires strict confidentiality. Ensider therefore undertakes to keep confidential and/or proprietary all information, data, or documents belonging to the User or the related company, whether written or oral, including but not limited to ideas, concepts, methods, etc. ("Confidential Information"). In particular, Ensider agrees not to sell, trade, publish, reproduce or otherwise disclose such Confidential Information to any person or entity without the prior written consent of the User and the Company. The above obligations do not apply to information which:

• are already in the possession of the public or become accessible to the public through other channels
  than through any act or omission on our part;
• must be published in accordance with the law, an official order or a court decision
• provided that the user and the company are informed of this immediately;
• Production title, participants and period.

15) Warranty

We endeavour to provide permanent access to the eAcademy (365 days a year, 24 hours a day). However, we expressly do not guarantee availability at all times. In particular, access may be temporarily restricted for technical reasons, such as necessary maintenance and repair work.

16) Date preview

Please note that dates in the future are only a preview. You can already register for these dates today. However, Ensider reserves the right to revise the training content, duration and, if necessary, prices for these dates.

17) Third-party provider

Ensider acts solely as an intermediary for services provided by third-party providers. In the event of a booking, the contracts relating to the service are concluded exclusively between the customer and the respective third-party provider/service provider. Special regulations and restrictions (general terms and conditions of the third-party provider) may apply to the selected services. The entire execution of the contract and the handling of any service disruptions shall take place exclusively between the customer and the third-party provider.

18) Liability

Ensider's website contains various integrated digital offers, including links to third-party websites. Ensider provides these links as an additional service. Ensider has no influence on the content of the linked third-party websites. Therefore, Ensider is not liable for the accuracy, timeliness and completeness of the information provided there. Furthermore, Ensider expressly distances itself from the content of all linked pages. Ensider assumes no liability for the functionality and/or accuracy of the pages or the data, services or works offered on them and is under no circumstances liable for damages or consequential damages or any kind of loss caused directly or indirectly by the operation, non-operation, use or utilisation in any form. Ensider draws attention to the fact that contractual relationships with third-party providers are governed exclusively by their terms and conditions.

19) Final provisions

We do not participate in dispute resolution proceedings before a consumer arbitration board. The place of fulfilment and jurisdiction is Munich.

Ensider.net GmbH,
Pöttinger Str. 25, 82041 Oberhaching,
represented by the management.
Legal status 06.11.2023.

For reasons of better readability, the simultaneous use of female and male language forms is avoided and the generic masculine is used. All personal designations naturally apply equally to both genders.