Terms of Business
Business Day: a day other than a Saturday, Sunday, or public holiday in Germany, when banks in Berlin are open for business.
Booking Confirmation: as provided by MyThesis Academy to the Client confirming the Services to be provided and detailing the Charges, Deliverables, and Service Start Date.
Charges: the charges payable by the Client for the supply of the Services by the MyThesis Academy, as set out in the Booking Form.
Conditions: these terms and conditions set out in clause 1 (Interpretation) to clause 11 (General) (inclusive).
Contract: the contract between the Client and MyThesis Academy for the supply of the Services following the Booking Confirmation and these Terms of Business.
Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Client Materials: all materials, equipment and tools, drawings, specifications, and data supplied by the Client to MyThesis Academy.
Deliverables: all documents, products, and materials developed by MyThesis Academy or its agents, subcontractors, and personnel as part of or concerning the Services in any form, including without limitation computer programs, data, reports, and specifications (including drafts) and the Deliverables set out in the Contract Details.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighboring and related rights, moral rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Services: the services, including without limitation any Deliverables, to be provided by my thesis Academy according to the Contract, as described in the Booking Confirmation.
Services Start Date: the day on which my thesis Academy is to start providing the Services, as set out in the Booking Confirmation.
MyThesis Academy IPRs: all Intellectual Property Rights subsisting in the Deliverables excluding any Client Materials incorporated in them.
Total Charges: means all sums paid by the Client and all sums payable under the Contract regarding services actually supplied by MyThesis Academy, whether or not invoiced to the Client.
(a) A reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time. A reference to a statute or statutory provision includes any subordinate legislation made from time to time under that statute or statutory provision.
(b) Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.
(c) A reference to writing or written includes fax and email.
2.1 By using our Booking Confirmation, you agree to our Terms of Business. The Terms of Business are a legally binding agreement between you and MyThesis Academy.
3. Supply of services
3.1 MyThesis Academy shall supply the Services to the Client from the Services Start Date following the Contract.
3.2 In supplying the Services, MyThesis Academy:
(a) shall perform the Services with reasonable care and skill;
(b) shall perform the Services following the service description set out in the Booking Confirmation;
(c) reserves the right to amend the Deliverables if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services. The Supplier shall notify the Customer in any such event.
4. Client’s obligations
4.1 The Client shall:
(a) co-operate with MyThesis Academy in all matters relating to the Services;
(b) provide, for MyThesis Academy, its agents, subcontractors, consultants, and employees, promptly and at no charge, access to the Client’s premises, office accommodation, data, and other facilities as required by MyThesis Academy;
(c) provide, promptly, such information as MyThesis Academy may require, and ensure that it is accurate and complete in all material respects.
4.2 If MyThesis Academy’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants, or employees, MyThesis Academy shall:
(a) not be liable for any costs, charges, or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay;
(b) be entitled to payment of the Charges despite any such prevention or delay; and
(c) be entitled to recover any additional costs, charges, or losses MyThesis Academy sustains or incurs that arise directly or indirectly from such prevention or delay.
(d) The client agrees not to have the refund guarantee after the reservation appointment.
5. Intellectual property
5.1 MyThesis Academy and its licensors shall retain ownership of all Academy IPRs. The Client and its licensors shall retain ownership of all Intellectual Property Rights in the Client Materials.
5.2 MyThesis Academy grants the Client or shall procure the direct grant to the Client of, a fully paid-up, worldwide, non-exclusive, royalty-free, license to copy Academy IPRs to receive and use the Services and the Deliverables in the Client’s business during the term of the Contract.
5.3 The Client grants MyThesis Academy a fully paid-up, worldwide, non-exclusive, royalty-free, non-transferable license to copy and modify the Client Materials for the term of the Contract to provide the Services to the Client following the Contract.
5.4 The Client shall indemnify Academy in full against any sums awarded by a court against MyThesis Academy arising of or in connection with any claim brought against Academy for infringement of a third party’s rights (including any Intellectual Property Rights) arising out of, or in connection with, the receipt or use of the Client Materials by MyThesis Academy.
6.1 The Client shall not, without the prior written consent of MyThesis Academy, at any time from the date of this agreement to the expiry of 12 months after the termination or expiry of this agreement, solicit or entice away from MyThesis Academy or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of MyThesis Academy in the provision of the Services.
6.2 Any consent is given by MyThesis Academy following clause 6.1 shall be subject to the Client paying to Academy a sum equivalent to [20%] of the then-current annual remuneration of MyThesis Academy’s employee, consultant or subcontractor or, if higher, 20% of the annual remuneration to be paid by the Customer to that employee, consultant or subcontractor.
7. Charges and payment
7.1 In consideration for the provision of the Services, the Client shall pay MyThesis Academy the Charges following this clause 7.
7.2 All amounts payable by the Client exclude amounts in respect of value-added tax (VAT). The Client shall additionally be liable to pay to MyThesis Academy at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
7.3 MyThesis Academy shall submit invoices for the Charges plus VAT if applicable to the Client. The Client shall pay each invoice due and submitted to it by MyThesis Academy, within 14 days of receipt, to a bank account nominated in writing by MyThesis Academy.
7.4 If the Client fails to make any payment due to MyThesis Academy under the Contract by the due date for payment, then, without limiting MyThesis Academy’s remedies under clause 9 (Termination):
(a) the Client shall pay interest of 10% on the overdue sum at each of 30 days, 60 days, and 90 days from the due date until payment of the overdue sum, whether before or after judgment, and Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time but at 4% a year for any period when that base rate is below 0%.
7.5 All amounts due under the Contract from the Client to MyThesis Academy shall be paid in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law).
8. Limitation of liability
8.1 MyThesis Academy has obtained insurance cover regarding its own legal liability for individual claims not exceeding £10 million per claim. The limits and exclusions in this clause reflect the insurance cover Team Academy has been able to arrange,. The Client is responsible for making its own arrangements for the insurance of any excess loss.
8.2 The restrictions on liability in this clause 8.2 apply to every liability arising under or in connection with the Contract, including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution, or otherwise.
8.3 Neither party may benefit from the limitations and exclusions set out in this clause regarding any liability arising from its deliberate default.
8.4 Nothing in the agreement shall limit MyThesis Academy’s liability under clause 8.5 of the Contract.
8.5 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.6 Subject to clause 8.4 and clause 8.5, MyThesis Academy’s total liability to the Client shall not exceed the Total Charges.
8.7 This clause 8.7 sets out specific heads of excluded loss [and exceptions from them]:
(a) Subject to clause 8.5, the types of loss listed in clause 8.7(a) are wholly excluded by the parties. The following types of loss are wholly excluded:
(i) loss of profits;
(ii) loss of sales or business;
(iii) loss of agreements or contracts;
(iv) loss of anticipated savings;
(v) loss of use or corruption of software, data, or information;
(vi) loss of or damage to goodwill; and
(vii) indirect or consequential loss.
9. Cancellation, rescheduling, changes to a booking
9.1 Requests to cancel or alter a booking must be provided in writing by email to firstname.lastname@example.org MyThesis Academy reserves the right to accept any cancellation or alteration at its sole discretion. If accepted, MyThesis Academy will issue a revised Booking Confirmation and/or issue a revised invoice as appropriate subject to the following penalty:-
The client cannot cancel the appointment in less than 48 hours from the indicated date and must do so by email with MyThesis Academy.
10.1 Without affecting any other right or remedy available to it, either party to the Contract may terminate it with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 21 days after being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than concerning a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for a solvent restructuring), having a receiver appointed to any of its assets or ceases to carry on business;
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion, the other party’s capability to fulfill its obligations under the Contract adequately has been placed in jeopardy.
10.2 Without affecting any other right or remedy available to it, MyThesis Academy may terminate the Contract with immediate effect by giving written notice to the Client if:
(a) the Client fails to pay any amount due under the Contract on the due date for payment; or
(b) there is a change of control of the Client.
10.3 On termination of the Contract for whatever reason:
(a) the Client shall immediately pay to MyThesis Academy all of MyThesis Academy’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, MyThesis Academy may submit an invoice, which shall be payable immediately on receipt;
(b) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect; and
(c) termination of the Contract shall not affect any of the rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
11.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances, or causes beyond its reasonable control.
11.2 Assignment and other dealings.
(a) The Client shall not assign, transfer, charge, subcontract, declare a trust over, or deal in any other manner with any or all of its rights and obligations under the Contract without the Team MyThesis Academy’s prior written consent.
(b) Team MyThesis Academy may at any time assign, transfer, charge, subcontract, declare a trust over, or deal in any other manner with any or all of its rights under the Contract.
(a) Each party undertakes that it shall not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs of the other party belongs, except as permitted by clause 11.3.
(b) Each party may disclose the other party’s confidential information:
(i) to its employees, officers, representatives, subcontractors, or advisers who need to know such information to carry out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 11.3; and
(ii) may be required by law, a court of competent jurisdiction, or any governmental or regulatory authority.
(c) Neither party shall use any other party’s confidential information for any purpose other than to perform its obligations under the Contract.
11.4 Entire agreement.
(a) The Contract constitutes the entire agreement between the parties. It supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Contract, it does not rely on and shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation.
No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
(a) A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
(b) A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deleting a provision or part-provision under clause 11.7 shall not affect the validity and enforceability of the rest of the Contract.
(a) Any notice or other communication was given to a party under or in connection with the Contract shall be in writing and shall be:
(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(ii) sent by email to email@example.com
(b) Any notice or communication shall be deemed to have been received:
(i) if delivered by hand, on signature of a delivery receipt;
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting [or at the time recorded by the delivery service; and
(iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 11.8(b)(iii), business hours mean 9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt.
(c) This clause 11.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
11.9 Third-party rights.
(a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
(b) The parties’ rights to rescind or vary the Contract are not subject to the consent of any other person.
11.10 Governing law.
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed under the law of Germany and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
12. Especial Offers.
12.1. 30-minute Free
- The 30-minute free offer may not always be active.
- The offer is exclusive for users who subscribe to the newsletter. The same user cannot use this offer twice.
- We reserve the right to cancel any appointment or change the date.