Terms Calendar

I. Definitions of terms, scope of application

1. These terms and conditions shall apply to services that are booked via the booking tool, available at
https://circular-pro.com/, which SynoptiCons Deutschland GmbH, Austraße 34, 35745 Herborn
(„Supplier“) offers and which the Client recognizes by concluding a contract with the Supplier.
2. “Order” refers to the contractual relationship without regard to the respective type of contract, i.e.
regardless of whether it is a contract to produce a work, a service contract or any other contract.
3. These General Terms and Conditions (“GTC”) shall only apply if the Client is an entrepreneur (§ 14
of the German Civil Code), a legal entity under public law or a special fund under public law.
4. These GTC shall apply exclusively. Any differing, conflicting or supplementary terms and conditions
of the Client shall only become part of the contract if and to the extent to which the Supplier has
expressly agreed to their validity in writing.
5. If any individual written agreements exist between the parties (including additional agreements,
supplements, amendments or additions) which differ from or contradict the provisions of these GTC,
those individual provisions shall take precedence.

II. Object of the contract, scope of services and performance, subcontractors

1. The object of contract is a consulting service that is booked via the booking tool. With the
help of the tool, the Client can book a digital consultation appointment with consultants from
the Supplier’s partner network for the European market. The subject of the consultation is
information on obligations relating to extended producer responsibility (EPR obligations) in
the European Economic Area (EEA), Switzerland and the UK. The counselling takes place
online.
2. The Supplier shall perform the services incumbent upon them on their sole responsibility and shall
be free in their choice of working hours and location as well as in the selection and allocation of
personnel. No employment relationship has been or shall be established between the Client and the
Supplier.
3. The Supplier shall be free to also work for other Clients and to perform or provide other services.
4. The Supplier shall be entitled to commission third parties (“Subcontractors”) to wholly or in part
perform the tasks and service obligations incumbent upon the Supplier. Subcontractors shall be paid
exclusively by the Supplier. No direct contractual relationship shall be established between any
Subcontractors and the Client. In this regard, any references contained in these GTC to the Supplier
shall also apply to Subcontractors.
5. If and when the Supplier offers consultations, seminars, webinars, video conferences or other
events on the subject matter or subject areas covered by the contract or similar subjects, these
pursue the sole purpose of providing information or a general overview of certain issues and
subjects. Any content presented and considerations made in the context of the aforementioned
events, in particular regarding legal aspects, are made without any guarantee whatsoever that the
contents are correct, up-to-date and/or complete. In particular, they do not constitute legal advice
or legal services for topics with legal relevance, nor can they and are they intended to replace such
advice or services for reasons of professional ethics. All legal counselling must be provided on an
individual basis by a lawyer, taking into account the circumstances of each particular case.

III. Conclusion of the Contract

1. If the Client wishes to book a consultation appointment via the booking tool, they first click
on the corresponding button on the website https://circular-pro.com/.
2. To book an appointment with an expert from the Supplier’s partner network, the Client must
make various selections in the booking tool. In particular, the Client selects from the following
categories:
• The country for which the Client wishes to book the consulting services,
• the topic of the desired consultation on EPR obligations,
• the consultant,
• the date and time of the consultation appointment.
3. If the Client wishes to make a binding booking for the selected date, they agree to these
GTC and the data protection information and then clicks on the payment button. The Client
is then redirected to the website of the payment service provider “Stripe” and follows the
instructions there to make the payment in real time. The summary of the appointment
booking is also displayed on the Stripe page. The appointment booking is finalised by
clicking the payment button. After payment, the Client is redirected back to the Supplier’s
page. By clicking the payment button, the Client submits a binding offer.
4. After completing the booking of the appointment, the Client will receive a confirmation
email from both Stripe and the Supplier, including an invoice.
IV. Services of the Supplier
1. . If the Client has completed the order process and made a successful real-time payment
via Stripe, the selected date is bindingly booked by the Client.
2. The Supplier shall make the booking tool available and provide the consultancy service
selected by the Client at the time booked.
3. Where the service provided by the contractor consists of consulting on the subject matter or subject
areas similar to the subject matter of the contract, they shall be prepared with due diligence and to
the best of the Supplier’s knowledge of the laws and regulations applicable at the time of
publication. The statements expressed shall be in line with the Supplier’s current state of
knowledge, based on up-to-date market developments. The information contained is subject to
change at any time and merely reflects the situation at the time.
4. The consultation does not constitute legal advice. The Supplier shall not be obliged to update the
information given.

V. Contract term, post-contractual obligations upon termination of the contract

1. The contractual relationship ends with the execution of the booked consultation.
2. The Supplier is under no obligation to update the consultancy provided.

VI. Client’s duty to cooperate

1. The booking of a consulting appointment with the booking tool constitutes a binding
obligation.
2. If the Client is unable to keep a booked appointment, he has the option of rescheduling or
cancelling this appointment free of charge via the corresponding link.
3. If the Client cancels a booked appointment, the Supplier shall initiate the refund of the paid
remuneration with the payment service provider Stripe. The refund may take up to 10
working days.

VII. Invoicing, prices, payment, packaging, set-off

1. The prices at the time of the order shall apply. The prices stated on the order page are final prices
in euros and shall in each case be paid in euros subject to the applicable value-added tax.
2. Payment is made via the payment service provider “Stripe”. The Client will be redirected to the
website of the payment service provider for payment. After entering all the necessary data and
confirming the payment, the Client is redirected back to the Supplier’s website. The Client receives
the invoice by e-mail from Stripe after payment. Further information and the terms of use for
“Stripe” can be found at: https://stripe.com/de/privacy.
3. The Client’s right of retention shall be limited to counter-claims that have been legally established,
are ready to be adjudicated upon or are undisputed.

VIII. Intellectual property

1. All property rights and copyrights to the works created by the Supplier, their employees or
commissioned third parties (in particular: offers, reports, analyses, expert opinions, organisational
plans, programmes, performance specifications, drafts, calculations, drawings, data carriers etc.)
shall remain with the Supplier. Unless otherwise agreed, the Client may use them solely for the
purposes within the scope of the contract during the contractual relationship and after its
termination. The Client shall not be entitled to reproduce, distribute and/or make the work(s)
publicly available to third parties without the Supplier’s express consent. Under no circumstances
shall an unauthorised reproduction/distribution of the work(s) give rise to any liability whatsoever
on the Supplier’s part towards third parties – in particular with regard to the accuracy of the work(s).
2. The Client shall not be granted any licences and other rights or titles – of any kind whatsoever – by
means of the contractual relationship; this shall in particular include rights to names, patents, utility
models and/or trademarks as well as other industrial property rights, which shall not be granted by
means of the contractual relationship, nor shall a corresponding obligation to grant the Client such
rights result from it.

IX. Cession

1. The Client shall not be entitled to wholly or in part cede the rights and obligations arising from the
contract or parts thereof to third parties without the Supplier’s prior written consent.
2. The Supplier shall be entitled to transfer their rights and obligations from the contractual
relationship to third parties, in particular to companies affiliated with them as set forth in AktG § 15
(Aktiengesetz/German Stock Corporation Act).

X. Confidentiality

1. The Supplier and the Client shall both maintain full confidentiality and shall only disclose to third
parties any information, data and documents made available to them both before and after the
termination of the present contract in order to perform said contract to the extent necessary to (i)
perform this contract, (ii) take out an insurance policy, (iii) assert any claims under this contract or
(iv) for legal reasons. Companies affiliated with the parties to the contract as set forth in AktG § 15
(Aktiengesetz/Stock Corporation Act) shall not be considered third parties within the meaning of
this contract.
2. Prior to using specific work results of the contractual services for advertising purposes, whether
wholly or in part, the Client shall obtain the Supplier’s written consent. This shall also apply to the
use of industrial property rights such as the Supplier’s trademarks or logos. Consent shall be
obtained in writing for each individual use.

XI. Data Protection

The parties undertake to comply with the statutory and contractual provisions on data protection
when processing the confidential information. This also includes state-of-the-art technical security
measures (Art. 32 DSGVO) and the obligation of employees to maintain data secrecy (Art. 28 para.
3 subpara. 1 sentence 2 lit. b DSGVO).

XII. Disclaimer

1. The Supplier shall not be liable for negligent breach of duty, except where damage inflicted upon
life, body or health, guarantees or claims under the Product Liability Act (Produkthaftungsgesetz)
are concerned. Moreover, liability for gross negligence and intent as well as for the breach of
obligations whose fulfilment is a prerequisite for the correct performance of the contract and upon
whose observance the Client may as a general rule rely shall remain unaffected. The same shall apply
to any breaches of duty by the Supplier’s vicarious agents. Furthermore, the Supplier shall not be
liable for the Client achieving a certain economic success due to the consulting services.
2. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose
of the present contract, the Supplier’s liability shall be limited to the amount of damage foreseeable
and typical for the nature of the transaction in question.
3. There shall be no further liability on the Supplier’s part.
4. The above limitation of liability shall also apply to the personal liability of the Supplier’s employees,
representatives and bodies.

XIII. Concluding provisions

. If any provision of these General Terms and Conditions is or becomes wholly or partially void,
infeasible, invalid or unenforceable, this shall not affect the validity of the remainder of the
provisions or of these General Terms and Conditions.
2. In case of any discrepancies between the different language versions of these General Terms and
Conditions, the German version shall prevail at all times. The same shall apply to the interpretation
of these General Terms and Conditions.
3. Cologne shall be the sole – and international – place of jurisdiction for all disputes arising between
the Client and the Supplier, insofar as permitted by applicable law.
4. These GTC shall be governed by the laws of the Federal Republic of Germany to the exclusion of
the UN Convention on Contracts for the International Sale of Goods.

Last updated: 03/2024