Terms and Conditions

1. Applicability

1.1. These general terms and conditions apply to all offers, quotations, agreements, services, work, and deliveries of Harmonix Suite, of any nature whatsoever, unless their applicability is entirely or partially explicitly excluded in writing or explicitly agreed otherwise.

1.2. Any terms and conditions of the Client are expressly rejected. Deviations from and additions to these conditions only apply if and insofar as they have been explicitly accepted in writing by Harmonix Suite.

1.3. If Harmonix Suite has allowed deviations from these general terms and conditions, whether tacitly or otherwise, for a short or longer period of time, this shall not affect its right to demand immediate and strict compliance with these conditions. The Client can never assert any rights based on the fact that Harmonix Suite applies these conditions leniently.

1.4. These terms and conditions also apply to all agreements with Harmonix Suite, for the performance of which third parties must be involved.

1.5. If one or more provisions of these general terms and conditions or any other agreement with Harmonix Suite should be contrary to a mandatory legal provision or any applicable legal regulation, the relevant provision will lapse and will be replaced by a new, legally permissible, and comparable provision to be determined by Harmonix Suite.

1.6. Harmonix Suite reserves the right to change these terms and conditions at any time. The applicability of these general terms and conditions replaces all previous (versions of) general terms and conditions. It is the responsibility of the Client to regularly check these general terms and conditions for changes.

2. Offers and Quotations

2.1. All offers and quotations from Harmonix Suite are revocable and made without obligation unless otherwise stated in writing.

2.2. The Client guarantees the accuracy and completeness of the information, requirements, specifications of the performance, and other data provided by or on behalf of him to Harmonix Suite on which Harmonix Suite bases its offer.

2.3. A composite quotation does not oblige Harmonix Suite to perform part of the assignment for a corresponding part of the quoted price.

2.4. The content of the assignment is exclusively determined by the description of the assignment given in the offer and order confirmation.

2.5. The prices in the offers and quotations from Harmonix Suite are exclusive of VAT and other government levies, as well as any costs to be incurred within the framework of the assignment, including postage and administration costs, unless otherwise indicated.

3. Formation of the Agreement

3.1. Subject to the following, an agreement with Harmonix Suite is only concluded after Harmonix Suite has accepted or confirmed an order in writing. The order confirmation is deemed to accurately and completely reflect the agreement, unless the Client immediately and in writing protests against it.

3.2. Any additional agreements or changes made later will only bind Harmonix Suite if they have been confirmed in writing by Harmonix Suite within fourteen (14) days and the Client has not objected to them in writing within three (3) working days.

3.3. For agreements, work, or transactions for which no written offer or order confirmation is sent due to their nature and scope, the invoice is deemed to reflect the agreement accurately and completely, subject to written objections within seven (7) working days of the invoice date.

3.4. Harmonix Suite is entitled, before or during the execution of the agreement, to require security from the Client that both payment obligations and other obligations will be met.

4. Personal Use

4.1. Courses provided by Harmonix Suite are personal. The Client is not allowed to distribute or reproduce any text, audio, video, documentation, or information provided by Harmonix Suite.

4.2. The Client is not allowed to share the account provided by Harmonix Suite with third parties or to trade it.

4.3. If the Client fails to comply with the provisions mentioned in paragraphs 1 and 2 of this article, Harmonix Suite will immediately and permanently suspend the Client's account and hold the Client liable for the damages incurred in accordance with the Copyright Act. The Client will owe Harmonix Suite compensation for at least the legal costs and all reasonable costs related to the unlawful act.

5. Delivery and Terms

5.1. If Harmonix Suite requires information or instructions from the Client for the execution of the agreement, the delivery period begins after the Client has made all necessary data available to Harmonix Suite in the manner indicated by Harmonix Suite.

5.2. If Harmonix Suite has specified a term for delivery, this is indicative only. A specified delivery time is never to be regarded as a strict deadline. If a term is exceeded, the Client must therefore declare Harmonix Suite in default in writing. Harmonix Suite must be given a reasonable term to still execute the agreement.

6. Suspension and Termination

6.1. If the Client fails to fulfill its obligations under the agreement, Harmonix Suite is entitled, without prejudice to what is stipulated in the agreement, to terminate the agreement extrajudicially by means of an email. Termination will only take place after the Client has been given written notice of default and has been given a reasonable term of fourteen (14) days to rectify the shortcoming.

6.2. Furthermore, Harmonix Suite is entitled, without any reminder or notice of default being required, to terminate the agreement extrajudicially and with immediate effect in whole or in part if:

A) The Client distributes or reproduces text, audio, video, documentation, or information provided by Harmonix Suite.B) The Client trades or shares the account with third parties.C) The Client spreads or discloses defamatory statements about Harmonix Suite.

6.3. Amounts invoiced by Harmonix Suite to the Client before termination in connection with what Harmonix Suite has already performed for the execution of the agreement remain fully due by the Client to Harmonix Suite and become immediately due and payable at the time of termination.

6.4. If the Client, after having been declared in default, fails to fulfill any obligation arising from the agreement, not, not fully, or not timely, Harmonix Suite is entitled to suspend its obligations to the Client without being liable for any damages to the Client. Harmonix Suite is also entitled to do so in the circumstances referred to in paragraph 2 of this article.

6.5. The Client, insofar as he can be regarded as a consumer, may, according to applicable consumer law, report the purchased service within fourteen (14) days after delivery for return without giving reasons. In such a case, Harmonix Suite is obliged to refund the entire purchase amount within fourteen (14) days after the Client has indicated that he wishes to use this right.

6.6. Harmonix Suite suspends the account provided to the Client immediately after receiving a claim for the right of withdrawal.

7. Liability

7.1. If Harmonix Suite is liable for damages, this liability is limited to compensation for direct damages and to a maximum of the invoice amount of the agreement. Direct damage is exclusively understood as:

A) The reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these general terms and conditions.B) Any reasonable costs incurred to rectify the defective performance of Harmonix Suite to meet the agreement, unless these cannot be attributed to Harmonix Suite.

7.2. All actions resulting from Harmonix Suite courses, including documentation, audio, video, and texts, fall outside the liability of Harmonix Suite. The Client remains responsible and liable for his actions.