Product Leaders Consulting GmbH - General Terms and Conditions

Legal

General Terms and Conditions (GTC) of Product Leaders Consulting GmbH

Effective date: January 1, 2026

GENERAL PROVISIONS AND DEFINITIONS
1. These General Terms and Conditions (GTC) apply to all services (hereinafter referred to as “Services”) provided by Product Leaders Consulting GmbH and its affiliated companies (hereinafter referred to as “PLC”), regardless of the form in which they are delivered to the customer or client (hereinafter referred to as the “Customer”). Services are provided by employees of PLC, freelancers or subcontractors (hereinafter referred to as “agents” or “service providers”).
2. Deviating, conflicting or supplementary general terms and conditions of the Customer shall not be recognized unless PLC expressly agrees to their validity in writing. If an individual agreement has been concluded between PLC and the Customer, such individual agreement shall take precedence over these GTC.
3. The provision of the above Services by PLC or its agents takes place in the following formats:
  1. “Live” (also referred to as “in-person”): The Customer and PLC’s service providers meet physically at one location, either at the Customer’s premises, at a PLC location, or at another venue, in order to provide and receive the Services.
  2. “Live Online” (also referred to as “remote” or “virtual live”): The Customer and PLC’s service providers meet via video conferences or virtual environments to provide and receive the Services.
  3. “Online” (also referred to as “on-demand”): Customers access and consume the Services online at their own discretion. These primarily include online content such as online courses including multimedia texts, videos, etc. No live interaction takes place between the Customer and PLC’s service providers.
4. “Learning Platform” or “Community Platform” refers to the platform on which PLC provides parts of its Services, typically in a combination of “Live Online” and “Online”.
  1. This platform is generally not freely accessible; registration with user identification (typically name and email address) is required.
  2. A “membership” (subscription) refers to access to this platform. Different memberships exist with varying scopes of Services and different prices and durations (“pricing plans”).
  3. The duration of a membership is described in the pricing plans, typically lasting one, three, or twelve months, and renews automatically unless cancelled.
  4. The first day of a membership is either the purchase date (in case of immediate online payment) or the date on which the membership was paid (in case of payment by invoice).
  5. The Community Platform also enables interaction with other members (Customers).
5. “Public” trainings are those generally accessible to anyone and offered by PLC on its websites.
6. “Private” trainings (often referred to as “in-house trainings”) are those commissioned by a Customer for its employees, conducted either at the Customer’s premises or at premises organized by the Customer, but delivered by PLC.
7. “Website” refers to all PLC websites, including those accessible at www.productleaders.com, www.mixedagilearts.com, and www.mpirics.com, as well as any additional websites identified in the legal notice.
QUOTATION AND ENGAGEMENT
1. Upon request by the Customer, PLC shall submit an individual quotation for the requested Services. Quotations issued by PLC are generally non-binding or valid for a maximum of 30 days after issuance unless otherwise stated in writing.
2. Services must be commissioned with reference to a specific quotation. Any engagement must take place within the validity period of the quotation. PLC reserves the right to reject engagements that deviate from the quotation in terms of content, commercial terms, or legal framework.
3. A purchase order issued by the Customer without a previously transmitted valid quotation — for example by sending a training or consulting request, or by registering online for a training on the Website — constitutes a binding offer by the Customer. PLC may accept such offer, for example in writing by confirmation email; however, PLC is not obliged to accept it. No binding contract shall arise until written acceptance by PLC.
4. The following applies to consulting engagements:
  1. Typically, a consulting quota of several days is offered at individual daily or hourly rates. The quota and corresponding rates are generally customized. Scope and rates depend on the specific consulting situation and the consultants or coaches involved.
  2. Unless otherwise stated in the quotation, the full quota must be utilized by the Customer within the service period specified in the quotation in order to avoid capacity issues on PLC’s side.
  3. Services rendered shall be invoiced either on an hourly or daily basis. For conversion between daily and hourly rates, a factor of 8 hours per day shall apply, with rounding up to the next quarter hour (commenced quarter hours are charged as 0.25 hours).
  4. For live services with a duration of less than half a day, at least half a day shall be charged. Additional travel costs may apply.
5. The following applies to engagements related to the Community/Learning Platform or Online Trainings:
  1. Membership in one of our learning platforms or online communities is generally subject to a fee and limited in time; however, PLC reserves the right to offer certain content free of charge, either temporarily or permanently.
  2. Paid memberships include access to additional Services that may not be available to free memberships.
  3. The respective memberships, including scope and prices, are described in detail on the Website, including the exact duration of each membership.
  4. By registering on the platform, the Customer commissions PLC to provide the respective Services as described in the pricing plans for the specified duration. Registration becomes legally effective only upon payment of the applicable price.
  5. Entitlement to these Services is limited to the duration of the membership and begins on the date of full payment of the corresponding invoice(s).
  6. Memberships are personal and non-transferable.
  7. Memberships renew automatically for the originally commissioned period unless cancelled by the Customer at least one day prior to expiry.
  8. Use of the platform requires respectful conduct. Discriminatory or exclusionary statements as well as inappropriate behavior will not be tolerated and may, after review, result in exclusion from the platform. In such cases, no refund of paid fees shall be granted.
6. The following applies to LIVE and LIVE ONLINE trainings:
  1. Registration for a public training must be completed online on the Website and must be confirmed again by the Customer or participant via email (double opt-in procedure). Registration becomes legally effective only upon payment of the applicable price.
  2. By registering, the Customer commissions the training organizer, who must confirm the engagement within three business days. Confirmation is provided via email. Without confirmation, there is no entitlement to participate in the training.
  3. If PLC does not confirm the engagement or rejects it due to lack of available seats, no contract shall be concluded between the parties. Registrations are processed in the order in which they are received by the training organizer, whereby the time of confirmation by the participant is decisive.
  4. PLC reserves the right to cancel the training due to insufficient attendance up to ten business days prior to the training. In this case, the participant must be notified by email two calendar weeks prior to the training.
  5. The status of a training is displayed on the Website of the training offering. The status “Guaranteed” means that sufficient registrations have been received and cancellation is unlikely to occur. The status “Planned” indicates that uncertainty is still possible. The status “Fully booked” indicates that all seats have been booked and that no further registration is possible for this date. The approach of this status is indicated by the status “Few seats left”.
Scope of Services and Nature of Performance
1. The exact scope of Services results from the respective service description on the Website or in brochures, the underlying quotation, and/or any contract. Changes or deviations must be agreed in writing. The same applies to the language in which a Service is provided.
2. PLC shall provide the Services to the best of its knowledge and belief and in accordance with current professional standards.
3. PLC generally owes only the agreed service (consulting, training, coaching) and not a specific economic success.
4. The following applies to consulting engagements:
  1. In the course of the Services, PLC will recommend measures and options for implementation (“Change”) to the Customer.
  2. The selection and management of measures, projects, decisions, and their implementation (“Change”) are the sole responsibility of the Customer.
  3. PLC will contribute to an appropriate extent and use its best efforts to bring about the success of the recommended measures at the Customer. However, such success primarily depends on the Customer’s cooperation and the engagement of the Customer’s employees.
  4. PLC will fulfill its duty to warn and review and will inform the Customer as early as possible of circumstances that may negatively affect the success of such measures.
5. Customer’s duties to cooperate:
  1. The Customer undertakes to provide PLC with all information, documents, and access required for the Services in a timely and complete manner.
  2. In the case of consulting or coaching Services, the Customer acknowledges that PLC advises with due care, but decisions and their implementation remain with the Customer.
  3. In the case of remote or online formats, the Customer shall ensure that the technical infrastructure (internet access, hardware, software) functions properly. PLC will support the Customer on its side where possible and with sufficient lead time in resolving any issues that may arise.
  4. PLC shall provide access to online and remote formats (for example video conferences for remote trainings) to the Customer or its employees in a timely manner before the training (typically three days). The Customer will be provided with an opportunity to test these (infrastructure, software applications, etc.) at least one week prior to the start of the measure (e.g. training). The Customer undertakes to test the infrastructure used and, if necessary, take measures if it is not accessible with the Customer’s infrastructure (e.g. corporate firewalls, VPN, etc.).
  5. PLC cannot be held liable for technical problems with access to PLC’s infrastructure.
  6. Both parties - the Customer and PLC - shall use their best efforts and act in good faith to conduct agreed appointments and cancel only in urgent and important cases with reasonable notice. Such a case may include illness or force majeure.
6. PLC assumes no responsibility for information communicated by Customers or their participants (e.g. on the training platform or during trainings). The assessment of which information may be contributed in discussions, exercises, etc. is the responsibility of each participant.
7. The following applies to training events, regardless of format:
  1. The training is held in the language explicitly stated in the training description, normally German or English.
  2. The training provider PLC reserves the right to modify the training content within reasonable limits without notice.
  3. The language of the materials may differ from the training language.
  4. The training organizer PLC stores the data provided during registration by registered participants exclusively for the purpose of delivering the training, in order to contact them before, during, and after the training.
  5. If necessary, such data or parts thereof may be passed on to a partner for possible certification or registration with such partner.
  6. All details in this regard are set out in our current privacy policy.
  7. By registering, the participant expressly consents to the storage and any possible transfer of such data. Without such consent, certification may not be possible and the scope of Services may change accordingly.
  8. If a training cannot take place due to illness of the trainer, force majeure, or other unforeseeable events, PLC as training provider will (also in its own interest) endeavor to find a solution to still deliver the training, typically through a substitute trainer or alternative location.
  9. If these efforts remain unsuccessful, there is no entitlement to delivery of the training. In this case, the training organizer is obliged to refund the training fee in full and without delay, but shall not be obliged to reimburse travel, accommodation, or downtime costs and shall not be liable for indirect damages, loss of profits, or claims by third parties.
8. The following applies to online content and memberships on the learning platform:
  1. The scope of Services of a membership (“Membership”) on one of our platforms including online on-demand trainings is described on the respective detail pages and in the pricing plans.
  2. Entitlement to the corresponding Services begins upon payment of the purchased membership and ends with the agreed term.
  3. PLC reserves the right to change details of the scope of Services without prior notice, provided that a purchased membership may not be retroactively worsened.
  4. After the end of the respective billing period, an existing membership that has changed in content may be adjusted. PLC will provide the Customer with a quotation for a possible upgrade.
  5. Services not used within the term of a membership expire at the membership’s end date and may not be transferred, redeemed, or offset. No replacement or subsequent delivery may be claimed for Services not used during the membership period.
9. For Customers who qualify as consumers under the Austrian Consumer Protection Act (KSchG):
  1. Upon booking or commissioning, PLC informs the consumer (Customer) about their statutory right of withdrawal/cancellation pursuant to KSchG and FAGG (Distance and Off-Premises Contracts Act).
  2. In this case, performance begins only after the statutory period of 14 days has expired. A training date within this period cannot be booked by a consumer.
  3. However, in the course of online registration or commissioning, the consumer (Customer) may explicitly and expressly request that PLC begin performance before the expiry of this period.
Prices, Invoicing and Payment Terms
1. All prices are — unless otherwise stated — exclusive of statutory value added tax (VAT). VAT is calculated in accordance with the applicable rules of the European Union (EU). It depends on whether the Customer is a private individual or a company, on the form of delivery (Live, Live Online, or Online On-Demand), as well as on the location of the service provider/service delivery and the location of the service recipient.
2. Compensation for consulting Services is generally based on the price agreed in the respective quotation, engagement, and/or contractually fixed service description.
3. The following applies to online trainings, content and memberships on the learning platform:
  1. The price stated in the description of the respective membership pricing plan applies, including any discounts or promotions.
  2. Invoicing takes place during commissioning (online order).
  3. Payment of the full price is due before the start of performance. PLC grants access only after full payment of the due amount.
  4. Payment may be made either via online payment (e.g. credit card) or by invoice (in which case the payment terms stated on the invoice apply; in case of doubt, “immediately”).
  5. Online content may either be purchased (in which case access remains available “for life”) or acquired as part of a membership, where access is limited to the duration of the membership.
4. The following applies to live or live online trainings:
  1. The price stated on the Website in the training and service description applies, including early-bird discounts and other promotions included therein.
  2. Promotions via discount code must be applied during online registration and payment. Subsequent application of possible discount promotions (vouchers) is not permitted.
  3. Entitlement to early-bird discounts exists only if the full price according to the invoice is paid in due time (the payment deadline is stated on the corresponding invoice).
  4. PLC reserves the right to subsequently invoice any early-bird discount granted in case of late payment.
  5. Invoicing takes place approximately four weeks before the training, or at the same time as confirmation. In the case of online payment (for example by credit card), the invoice is issued at the same time.
  6. Invoice amounts are due without deduction and generally before the start of the training.
  7. PLC reserves the right to exclude participants who have not fulfilled their payment obligations from the training and/or any certification.
5. Billing for consulting engagements (including coaching, mentoring, mediation, and assessments):
  1. Ongoing consulting Services are invoiced retroactively at the end of each month, unless otherwise agreed (billing period: monthly).
  2. If a commissioned quota is fully used within the current billing period, billing occurs after the last consulting day on which the quota is exhausted.
  3. PLC provides time records as performance evidence together with the invoice.
  4. The current status (used, remaining, performance evidence) of the quota is either made available to the Customer online or provided monthly during invoicing.
  5. Flat fees for workshops and workshop series are invoiced at the start of performance. They can be identified by the unit label “PAU” in the quotation, purchase order, or invoice.
6. PLC generally sends invoices as PDF by email to an email address to be provided.
  1. PLC sends such emails via a certified delivery service with DMARC designation and digital signature.
  2. PLC checks delivery to the specified mailbox. An invoice is deemed delivered when the Customer’s email server confirms receipt.
  3. In case of non-delivery (rejection by the Customer’s email server), PLC will attempt to deliver the invoice to an alternative email address, for example that of the Customer’s contact person or the training participant. In this case, the invoice is deemed delivered when the Customer’s email server confirms receipt.
  4. Any misclassification by spam filters or other Customer-side mechanisms that restrict visibility of a delivered email with an invoice is outside PLC’s sphere of influence and entirely the Customer’s responsibility. PLC will inform the Customer of any delivery issues only if it becomes aware of them; however, this does not affect the running of deadlines.
  5. If delivery by email is not possible, PLC will send a printed invoice by post.
  6. In addition, PLC will provide, upon Customer request, an electronic invoice in structured format in accordance with the EN 16931 standard to an email address to be provided.
7. Invoices are generally payable within 14 days from the date of issuance.
  1. Upon becoming overdue (late payment), PLC will remind the Customer of the payment obligation by email. In case of continued late payment, PLC will send two further reminders by email.
  2. In case of repeated late payment, PLC will send the final payment request by registered letter and hand over outstanding claims to the receivables management of the Austrian Credit Protection Association of 1870 (Kreditschutzverband von 1870).
  3. In addition, PLC reserves the right, in the case of item 4.7(b), to withdraw from the contract and/or suspend or refuse Services.
Withdrawal, Cancellation, Termination, Rebooking
1. The following applies to public live or live online training Services:
  1. Free withdrawal (cancellation of an already completed training registration) is possible up to four weeks before the start of the training (first day).
  2. Withdrawal up to two weeks before the start of the training results in a cancellation fee of 50% of the actual price (according to the invoice).
  3. In the event of short-notice cancellation by the Customer (less than two weeks before the start of the training), the full amount is due. However, the Customer is entitled, up to one day before the start of the training, to name or send a substitute participant instead of the registered participant.
  4. Rebooking to a later date is generally possible, but requires coordination (availability of seats) and may involve a fee.
  5. If a cancellation or rebooking affects any discounts granted because the conditions for granting such discounts are no longer met, the difference between the training price and the price resulting from the new situation will additionally be invoiced.
  6. Failure of a registered training participant to attend on the first or any subsequent day of the training does not release the Customer from its payment obligation and may affect the scope of Services (e.g. issuance of certificates).
2. The following applies to private live or live online training Services:
  1. Private trainings commissioned and confirmed by PLC can only be cancelled free of charge by mutual agreement with PLC.
  2. Generally, cancellations of private trainings within eight calendar weeks prior to the start of the training (first day) will be charged at 50% of the order amount; cancellations within four calendar weeks prior to the start of the training will be charged at the full order amount.
  3. In the event of cancellation of an already commissioned training by the Customer, PLC will endeavor to find a workable solution for both parties, but must take into account the capacity situation of its trainers and consultants.
  4. Item 5.1(f) applies accordingly.
3. The following applies to online formats and the learning platform:
  1. Purchased online content, such as online trainings, remains available for life and cannot be returned.
  2. Memberships in one of our online platforms may be cancelled at any time. The membership remains valid until its expiry date. This is the date until which the current membership has been paid.
  3. Active memberships (i.e. not cancelled) renew automatically for the originally commissioned period unless cancelled by the Customer at least one day prior to expiry.
  4. Cancellation of a membership must be completed online within the platform itself. A function is available on the Customer’s profile page on the platform. If it is not possible for the Customer to use this function due to technical problems, cancellation may also be submitted in writing by email to support@productleaders.com, whereby the sending date of the email is decisive.
  5. Failure to cancel and non-use of the Service does not release the Customer from its payment obligation.
4. The following applies to consulting engagements:
  1. Commissioned quotas for consulting, coaching, or mentoring must generally be fully utilized. In problem cases, PLC is willing, by agreement, to extend the utilization period to a reasonable extent.
  2. Free cancellation of already agreed and confirmed appointments or appointments according to a consulting plan created with the Customer is only possible with PLC’s consent.
  3. PLC and its consultants will attempt to find a solution to reschedule appointments or adjust the consulting plan in order to keep cancellation costs as low as possible. However, this cannot always be guaranteed.
  4. Generally, the full costs including any travel costs for an already agreed and confirmed appointment must be reimbursed in the event of cancellation. Travel costs must be reimbursed only if they are non-refundable or not cancellable free of charge for PLC (e.g. flights).
  5. If the Customer fails to fulfill its duties to cooperate (e.g. by not providing necessary information, not attending appointments, technical issues with remote Services), there is no entitlement to a refund.
Travel Costs
1. The following applies to consulting Services:
  1. If the quotation does not include a quotation line item for travel costs of consultants, such travel costs are already included in the respective daily rate, but only within Austria; abroad, travel costs must be stated separately in any case.
  2. Within the city areas of the Austrian cities Vienna and Linz, no travel costs apply for consultants whose place of work is the city of delivery (Vienna, Linz). For all other locations, travel costs apply.
  3. Quotations generally include flat fees depending on distance and means of travel, covering travel time, transport, accommodation, and expenses.
  4. PLC always seeks to keep travel costs as low as possible for the Customer by preferring public transportation. Travel planning follows the principles of efficiency and reasonableness.
  5. If none of the above points apply, travel costs are invoiced based on actual expenses (transport, accommodation, expenses, and travel times).
  6. Passive travel time is charged at a factor of 0.25 times the hourly rate; active travel time or travel time during which work is performed for the Customer (plane, train) is charged at the full hourly rate.
2. The following applies to private live training Services (in-house):
  1. If the quotation does not include a quotation line item for travel costs of the trainer(s), such travel costs are already included in the price for the in-house training (typically as a flat fee).
  2. Otherwise, the same provisions apply as for consulting Services.
3. PLC does not assume any costs incurred by participants for any travel to workshops, trainings, or other Services delivered by PLC, regardless of the form of delivery. Such costs cannot be claimed or offset in any way.
Rights to Content, Intellectual Property
1. PLC invests significant effort in preparing content for its Customers in the best possible form. Intellectual property rights to all training materials, presentations, methods, workbooks, documentation, and other materials made available to the Customer in trainings, workshops, or consulting Services remain entirely with PLC.
2. Content intended for internal use by the Customer must be marked as such and may be used exclusively for internal purposes of the Customer for the agreed purpose.
3. The making of copies of such content, video or audio recordings of sessions, or other recordings is not permitted and requires PLC’s written consent. This applies in particular to remote events.
Miscellaneous Provisions
1. Both parties (Customer and PLC) undertake to keep all confidential information, business data, findings, and internal matters of the respective other party confidential and to use them exclusively for the purpose of the contract.
2. Personal data of the Customer is processed only to the extent necessary for performance; information regarding data transfer (e.g. to certification partners for trainings) is provided transparently and only with express consent. Further provisions in this regard can be found in our privacy policy.
3. PLC is liable only for intent and gross negligence. Liability for slight negligence is excluded to the extent permitted by law.
4. Liability for indirect damages, loss of profits, or indirect consequential damages is excluded to the extent permitted by law.
5. Direct and indirect liability and contractual penalties are limited to the amount of the compensation. If limitation of liability is not permissible due to mandatory statutory provisions, statutory liability remains applicable.
6. Disclaimer for links to external sites: Our offering contains links to external websites of third parties over whose content we have no influence. Therefore, we cannot assume any liability for such third-party content. The provider or operator of the linked pages is always responsible for their content. The linked pages were checked for possible legal violations at the time of linking and no unlawful content was apparent at that time. Ongoing monitoring of the linked pages is not reasonable without concrete indications of a legal violation. Upon becoming aware of legal violations, we will remove such links without undue delay.
7. By accepting the quotation, commissioning, contract signature, or by booking a Service online on one of our Websites, the Customer acknowledges these GTC.
8. PLC reserves the right to change these GTC at any time. Changes become effective if the Customer does not object in writing within one month after notification.
9. If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely reflects the economic purpose of the invalid provision.
10. Jurisdiction for any disputes arising from these GTC or other contracts is the competent court at the registered office of Product Leaders Consulting GmbH (4020 Linz, Austria).