Imprint
Responsible for this website is:
Mastering Academy GmbH
Grossmannstrasse 213
20539 Hamburg
Germany
Amtsgericht Hamburg HRB 152229
Umsatzsteuer-Identifikationsnummer: DE319436100
Geschäftsführer: Friedemann Tischmeyer
Phone: +49 160 5874347
Email: [email protected]
Website: www.mastering-academy.com
Terms of Use
Conditions & Terms of Service/Use (AGB/GTC)
MASTERING ACADEMY GmbH, Großmannstraße 213, 20539 Hamburg
Managing Director: Friedemann Tischmeyer · HRB 152229 District Court Hamburg
Version: Status 01. April 2019
1. Scope
(1) These General Terms and Conditions (hereinafter referred to as: GTC) apply to all – also by telephone (eg Skype, Zoom, Telephone) – concluded contracts between us:
MASTERING ACADEMY GmbH, Großmannstraße 213, 20539 Hamburg
and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the contract of sale or seminar registration arise in particular from these conditions of sale, our written order confirmation and our declaration of acceptance (confirmation of registration).
(3) Decisive is the version of the GTC valid at the time the contract is concluded.
(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to the inclusion.
2. Contractual Object
(1) We offer our customers the provision of further education, coaching, seminars and consulting services – multimedia, video-based, telephone and stationary. Depending on your booking, the coaching and consulting services are standardized or individualized. The respective service description results directly from our offers and product descriptions.
(2) In addition to the provision of the services booked by the customer, we owe the customer no particular success. The booking of our services is usually done using remote communication means, but is not limited to this.
(3) We provide services for our customers in the field of audio engineering / sound engineering education. The MASTERING ACADEMY GmbH has specialized in particular on the imparting of skills in the area of non-linear sound engineering activities (mixing & mastering) as well as of contents, which are usually not sufficiently covered in the context of regular university or private-institutional audio-technical training.
Unless expressly agreed otherwise in writing, we do not owe the provision of a work. In particular, we can only predict the success of certain measures based on experience. The customer is aware that we do not owe this success to our customer because the prerequisites and specific parameters regarding the will to learn, ability to learn, talent, commitment and implementation of the learned content are unpredictable.
(4) With regard to the content of a training, coaching, service, and / or consulting contract we have closed, we are entitled to a right to determine performance according to § 315 BGB (Leistungsbestimmungsrecht).
3. Conclusion of Contract
(1) The presentation and promotion of our services on our websites, brochures or within advertisements (eg on Facebook) does not constitute a binding offer to conclude a contract with us.
(2) The contract between us and the customer can be made by telephone (video chat, telephone, etc.) or in writing. If the contract is concluded by telephone, the customer is not entitled to receive the contract contents in written form from us, unless otherwise agreed. If the conclusion of the contract takes place by telephone, you can correct your information to us at any time by simple message to your partner at MASTERING ACADEMY.
(3) Via telephone contracts come about through consensual declarations of intent between us and the customer. The customer agrees that we record the telephone conversation with him and / or the respective video chat for evidence and documentation purposes.
(4) We will confirm the receipt of your orders and orders via e-mail, our website / video chat immediately by e-mail. In such an e-mail there is still no binding acceptance of the order, unless in addition to the confirmation of receipt the binding acceptance is expressed at the same time. In case of a video chat, our declaration of acceptance may already take place in direct conversation with you.
(5) If the performance of the services you have ordered is not possible, for example for technical reasons or a lack of course capacity, we will refrain from a binding acceptance. In this case, a contract is not concluded. We will inform you about this without delay and, if necessary, immediately refund already received payments.
(6) Should it not be possible to start the course at the earliest possible time due to a lack of course capacities, a delay of up to 8 weeks in the beginning of the course is reasonable. If no substitute course is available within 8 weeks after the originally planned start of the course, the course fee will be refunded immediately.
(7) The contract language and the language of the course is German for German courses and English for English courses.
(8) The offer / contract text will be stored after the conclusion of the contract by us according to specifications of the DS-GVO. Further details can be found in the privacy policy. The contracts recorded by telephone are not automatically transcribed and therefore can not be accessed by the consumer.
4. Revocation for Consumers
(1) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the contract.
To exercise your right of withdrawal, you must contact us
MASTERING ACADEMY GmbH, Großmannstraße 213, 20539 Hamburg
E-Mail: [email protected]
Telephone: +49 174 24 36 747
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you revoke this agreement, we will reimburse all payments we have received from you (with the exception and deduction of any teaching materials already provided and any payment transaction costs incurred, such as Paypal fees), immediately and no later than fourteen days from the day on which the notification of your withdrawal of this contract has been received by us.
For this repayment, we use the same method of payment that you used in the original transaction, unless otherwise agreed with you; Under no circumstances will you be charged cancellation fees for this refund. If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided to you at the time you inform us of the exercise of the right of withdrawal in relation to the total volume of services defined in the contract.
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Example of a withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Recipient:
MASTERING ACADEMY GmbH
Grossmannstraße 213
20539 Hamburg
– I / we (*) hereby revoke the contract concluded by me / us (*)
about the provision of the following service: _________________________________
– Ordered on (*) / received on (*): ________________________________________
– Name of the customer (s): ____________________________________________
– Address of the customer (s): __________________________________________
– Signature of the customer (s) (only for paper notices):
______________________________________________________________
– Date: _____________________________________
(*) Delete as appropriate
(2) Resignation after the expiry of the right of withdrawal
A resignation after expiration of the right of withdrawal is not possible. In special cases of hardship, we decide on reimbursement or partial reimbursement in individual cases.
(3) Cancellation of the right of withdrawal
Depending on the time between placing the order / conclusion of contract and starting the service, you can opt for a withdrawal from the right of withdrawal. This allows you to start immediately with the purchased program. If you renounce the right of withdrawal at formation of this contract, no withdrawal from the contract is possible.
5. Delivery & Service Conditions
(1) The duration of the coaching or the seminar / course is shown in the product / course description.
(2) Technical prerequisite for the smooth running of the seminars:
To enable high-quality coaching, we need to be able to engage in mutual screen sharing and play uncompressed audio from your DAW and play audio from us in other situations while communicating with you at the same time. Please comply with the following easy to meet minimum requirements:
Participants / customers should have a stable internet connection (ideally LAN) on the used audio workstation (10MBPS download and 4 MBPS upload or more).
The audio card used should either have a loopback function to route the Masterbus output back to an input where we can tap it, or to physically route the Masterbus output to a second physical input via split cable or by routing the Masterbus out internally to a second output in order to loop the signal back from there.
The sound card used should be adjustable to 1024 samples latency in streaming mode.
The sound card should be accessible via ASIO or Core Audio driver.
Participants need a simple camera and possibly a headset for communication during the coaching sessions. It is crucial to separate the talk back communication from the pure high-res audio connection by using e.g. the build in microphone of the USB camera or USB headset while the audio is streaming through the sound card.
Employees of the Mastering Academy help participants with the setup of the technical equipment of the communication tools. In addition to these technical prerequisites, participants are not required to pay extra services fees for conducting the seminars. The Mastering Academy offers participants free software tools if necessary. For the failure or partial failure of seminars due to non-fulfillment of the technical requirements Mastering Academy is not liable.
6. Prices, Terms of Payment, SEPA direct debit note, Invoice, Default of Payment
(1) All prices given to you are VAT exempted final prices. Shipping costs do not apply. The MASTERING ACADEMY GmbH is exempt from VAT in accordance with §4 no.22 a) bb) UStG.
(2) MASTERING ACADEMY GmbH is entitled to assign a third-party company established within the EU (or any other country if customer lives outside of the EU) to handle the payment obligation of the customer.
(3) The remuneration of our services is in general due at the conclusion of the contract in full, unless the individual contractual agreement with the customer is different. For partial payment agreements, processing surcharges may be agreed upon conclusion of the contract.
(4) You can transfer the owed price to one of our specified accounts, give us a (SEPA) direct debit authorization or pay by PayPal. In the case of an issued (SEPA) direct debit authorization, we will initiate the debiting of your account at the earliest on the date agreed in the contract. A direct debit authorization granted to us (SEPA) also applies to further orders until further notice.
(5) When selecting the payment method by SEPA direct debit, you are obliged and declare your agreement to immediately send us a written and signed SEPA direct debit mandate following the telephone call / video call to: [email protected] (in advance) and MASTERING ACADEMY GmbH, Großmannstraße 213, 20539 Hamburg (by post in the following). You should use the following pattern:
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Download SEPA Core Direct Debit Mandate
SEPA Core Direct Debit Mandate:
MASTERING ACADEMY GmbH (Creditor)
Grossmannstraße 213
20539 Hamburg
Creditor identifier:
DE83ZZZ00002207650
SEPA Core Direct Debit Mandate
Payment of MASTERING ACADEMY GmbH enrollment fee
By signing this mandate form, you authorize (A) the MASTERING ACADEMY GmbH and its vicarious agents to send instructions to your bank to debit your account and (B) your bank to debit your account in accordance with the instructions from the MASTERING ACADEMY GmbH. As part of your rights, you are entitled to a refund from your bank under the terms and conditions of your agreement with your bank. A refund must be claimed within 8 weeks starting from the date on which your account was debited. However, this has no discharge effect on your payment obligation to MASTERING ACADEMY GmbH, which has come about through a contract.
Debtor identification
Please complied all the fields marked*.
Name of the account holder: * …………………………………………………………….
Address of the account holder: * ………………………………………………………….
ZIP code and City: * ……………………………………………………………………………
Country: * …………………………………………………………………………………………
Your account number (IBAN): * ………………………………………………………….
Your bank (SWIFT BIC): * ………………………………………………………………….
Type of Payment: One Time: (__) Recurring: (__) (please tick)
Place and date: * ………………………………………………………………………………..
Signature of the Account Owner: * ……………………………………………………….
Mandate reference: Firstname-surname-YEAR-MO-DY: ………………………..
(The Mandate Reference is used to uniquely identify a SEPA direct debit transaction in conjunction with the creditor identification number of MASTERING ACADEMY GmbH: DE83ZZZ00002207650.
The mandate reference consists of first name-hyphen-last name-hyphen-year-hyphen-month-hyphen-day (the day of the contract is used).
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(6) On request (e-mail) entrepreneurs and merchants receive an invoice for the services booked.
(7) Late payment
In the case of chargebacks we will charge € 25, – fee per return debit. From the second reminder a reminder fee of € 25, – is added. For backdated balance an interest rate of 5% p.a. over the valid key interest rate is calculated.
After unsuccessful expiration of the payment period of the second reminder the total amount is due. If an installment agreement has been made, it will become obsolete with default in payment (unsuccessful expiry of the payment date of the second reminder).
7. Right of Use
(1) With the conclusion of the purchase contract, you are entitled to the license to use our course materials (videos, eBooks, PDF, etc.) for your personal use. After full payment of the purchase price (unless agreed otherwise), you have a simple right to use the materials provided while you are participating in our programs. It is strictly forbidden to pass on course material to third parties. MASTERING ACADEMY GmbH reserves the right to make recourse claims in such a case. The sharing of course material on torrent servers or exchange platforms will be prosecuted.
(2) We have copyright in all pictures, films and texts published in our online shop or provided in the context of coachings, seminars and courses. The use of images, films, texts and audio files except for personal training purposes within the scope of the booked course / program is not permitted without our express consent and will be prosecuted by us in case of infringement.
8. Warranty
(1) We are liable for material or legal defects of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller’s warranties provided by us for certain items or manufacturer’s warranties granted by the manufacturers of certain items shall be in addition to the claims for defects of quality or title as defined in paragraph 1. Details of the scope of such warranties shall be given in the warranty terms, if any accompanied.
9. Liability
(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, unless otherwise stipulated in subsection (3), we shall be liable only in the event of a breach of a contractual obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance you as customer can regularly rely (so-called cardinal duty), limited to the replacement of the predictable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
10. Declaration of consent for the use of photo & video as well as excerpts of audio
As a customer or student of the Mastering Academy GmbH you expressly agree that photographs may be taken, and videos may be recorded during the seminars and coaching programs without compensation from the Mastering Academy GmbH. The photos and videos may be reproduced, sent, and used in audiovisual electronic media (online and offline) for advertising purposes of Mastering Academy GmbH.
In individual cases, this may also include excerpts from songs of a customer / participant, e.g., to provide subsequent students with instructional videos demonstrating problem solutions.
You hereby declare bindingly and irrevocably to the Mastering Academy GmbH that you own 100% of the copyrights and performing rights for all songs and audio files you use within the coaching sessions and in other contexts with the Mastering Academy GmbH.
Therefore, you alone are authorized to conclude this agreement. You are liable for false statements or possibly arising recourse claims by unknown third parties and hold the Mastering Academy GmbH harmless from any claims.
Mastering Academy GmbH has of course only a non-exclusive right of use for the above-described utilization of excerpts (no right of use for the entire song or recording), for which however no additional written transfer of rights is required. Mastering Academy GmbH assures to only use content that does not violate good manners and the personal honor of the depicted participant. In justified individual cases, the participant can obtain an exception to this usage agreement in writing from Mastering Academy GmbH before the start of the coaching sessions.
11. Applicable Law & Jurisdiction
(1) The law of the Federal Republic of Germany applies excluding the UN sales law. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legislation of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your seat at the time of ordering in Germany, the exclusive place of jurisdiction is the registered office of the seller in Hamburg. In addition, the applicable statutory provisions apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
