PERFORMANCE SYNDICATE LTD
19H Maxgrand Plaza, No. 3 Tai Yau St, San Po Kong
Register Number 77879999, Commercial Register Hong Kong
(hereinafter: "PERFORMANCE SYNDICATE LTD")
for business clients (§ 14 BGB)
§ 1 Scope of Application
These Terms and Conditions (T&Cs) apply to all contracts concluded by PERFORMANCE SYNDICATE LTD with its clients, provided the client is an entrepreneur, a legal entity under public law, or a special fund under public law (hereinafter “Client” or “Customer”).
These T&Cs apply exclusively. Deviating, conflicting, or supplementary terms and conditions of the Client shall only become part of the contract if PERFORMANCE SYNDICATE LTD has expressly agreed to their validity. This requirement applies in any case, for example, even if PERFORMANCE SYNDICATE LTD begins to provide services with knowledge of the Client’s terms and conditions without reservation.
The offers and services of PERFORMANCE SYNDICATE LTD are directed exclusively at entrepreneurs within the meaning of § 14 BGB and merchants within the meaning of the German Commercial Code (HGB).
§ 2 Services of PERFORMANCE SYNDICATE LTD / Client’s Duties to Cooperate
PERFORMANCE SYNDICATE LTD provides online training and coaching services in the field of crypto-based wealth building for companies/entrepreneurs. Depending on the booking, coaching services are provided in a standardized or individualized manner. The specific service description follows directly from our offers. Unless otherwise agreed, PERFORMANCE SYNDICATE LTD does not owe any specific result. Presentations and advertisements of services on websites, brochures, or advertisements (e.g., on Instagram) do not constitute binding offers.
The Client must perform all cooperation duties completely, on time, and upon first request. If the Client fails to cooperate and thereby prevents PERFORMANCE SYNDICATE LTD from providing the service, the claim to remuneration remains unaffected.
PERFORMANCE SYNDICATE LTD retains the right to determine the manner of performance of the services owed pursuant to § 315 BGB.
The Client acknowledges that trading in highly speculative financial products/cryptocurrencies may result in total loss of invested capital. Any investment decisions are made solely at the Client’s own risk.
PERFORMANCE SYNDICATE LTD may have services rendered by subcontractors/agents.
PERFORMANCE SYNDICATE LTD does not broker financial products. Acquisitions are the sole responsibility of the Client.
If video calls are agreed between PERFORMANCE SYNDICATE LTD and the Client, the scheduled appointments are binding. There is no right to postponement or catch-up sessions unless the reason for non-performance lies within the sphere of PERFORMANCE SYNDICATE LTD.
The Client must ensure the necessary technical requirements (sufficient internet connection, camera, microphone, etc.).
Any duplication of our course content (e.g., filming, downloading, saving) is prohibited and will be prosecuted under civil and criminal law.
The Client must always ensure the technical requirements for consulting services (internet connection, audio/video-enabled device, video chat software, etc.).
The Client is prohibited from contacting other PERFORMANCE SYNDICATE LTD clients for solicitation purposes.
Bookings of in-person seminars/events are binding. The Client agrees that photo and video material taken at such events may be used for promotional purposes (social media, print).
PERFORMANCE SYNDICATE LTD is entitled to use the Client’s company name and logo for reference purposes in the usual scope (social media, print).
The contents of coaching programs and all information provided are intended exclusively for informational, training, and educational purposes.
No investment advice, tax advice, or legal advice is provided. Content is based on the experience and opinions of PERFORMANCE SYNDICATE LTD or its speakers. They do not constitute recommendations to buy or sell financial products.
The Client acts independently in all financial and entrepreneurial decisions and assumes sole responsibility for consequences. LIABILITY of PERFORMANCE SYNDICATE LTD for such decisions is excluded.
§ 3 Formation of Contracts
Contracts between PERFORMANCE SYNDICATE LTD and the Client may be concluded verbally (phone/video) or in writing.
§ 4 Payments, Prices, Conditions
Prices quoted by PERFORMANCE SYNDICATE LTD are binding. Prices are net, i.e., plus statutory VAT (if applicable).
Payment is due immediately upon invoicing, unless otherwise agreed. Fees are due upon conclusion of the contract. Direct debit authorizations granted remain valid until revoked.
If SEPA direct debit is agreed, the Client must issue a written SEPA mandate using the template attached to these T&Cs.
PERFORMANCE SYNDICATE LTD issues proper invoices showing VAT (if applicable).
If a direct debit fails and is reversed, the Client must pay the outstanding amount within 3 working days and bear reversal fees.
Offsetting against counterclaims is permitted only if accepted or legally established. Same applies to rights of retention.
§ 5 Term and Termination
Contracts have the individually agreed minimum term and cannot be terminated early. Unless terminated at least 4 weeks before expiry, the contract automatically renews for the same term and conditions.
Any statutory rights of free termination are excluded.
Terminations must be in writing to be effective.
The right to extraordinary termination remains unaffected.
§ 6 Default / Extraordinary Termination
Service deadlines start only once payment is received and all required cooperation is provided.
If the Client is in default of payment, PERFORMANCE SYNDICATE LTD may withhold further services.
If the Client is in arrears with at least two installments, PERFORMANCE SYNDICATE LTD may terminate extraordinarily and demand damages equal to the total fees due until the next regular end of contract.
§ 7 Performance
PERFORMANCE SYNDICATE LTD will provide the agreed services with due care and may use third parties.
Unless expressly agreed otherwise, services are provided, not specific results (no “works contract”). On request, PERFORMANCE SYNDICATE LTD will provide information about services rendered.
If PERFORMANCE SYNDICATE LTD is hindered due to reasons within the Client’s sphere, the claim to remuneration remains unaffected.
§ 8 Conduct and Consideration
The Client must act in line with honest commercial practices. Unlawful, false, or defamatory statements about PERFORMANCE SYNDICATE LTD will be prosecuted.
The Client must treat other participants and staff with respect.
In case of breaches, PERFORMANCE SYNDICATE LTD may temporarily or permanently block access to programs/seminars after prior warning. The Client’s obligations remain.
Account/login details may not be shared unless expressly permitted.
PERFORMANCE SYNDICATE LTD may monitor IP addresses. Use of IP-masking or anonymization technologies (e.g., Tor browser) is prohibited.
Unauthorized account sharing is a criminal offense and will be prosecuted.
Confidentiality is required regarding personal or business information disclosed during coachings. Dissemination is prohibited.
Any disruption or impairment of coachings or participant experience is prohibited.
§ 9 Usage Rights
The Client receives a simple right of use for course/coaching materials for the contract duration.
This applies only if full payment is made.
In case of installments, rights transfer only after full final payment.
Passing on or editing materials is prohibited.
Any publication, duplication, or commercial use is forbidden unless expressly permitted in writing.
§ 10 Liability
PERFORMANCE SYNDICATE LTD is liable for damages only in cases of intent or gross negligence, or
a) injury to life, body, health, or
b) breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to foreseeable, typical damages.
No liability for data/program losses except to the extent of typical recovery costs with proper backups. Product liability and guarantees remain unaffected.
No liability for financial losses, in particular from applying strategies taught.
The Client acknowledges the risks of investments (incl. total loss).
Services are coaching/training only, not financial services under banking or investment laws. No investment advice is given.
No guarantee of specific results or success. Outcomes vary individually. Coaching does not replace professional advice (financial, tax, legal).
§ 11 Right of Withdrawal
Entrepreneurs/merchants have no statutory right of withdrawal for distance contracts. PERFORMANCE SYNDICATE LTD does not grant any contractual withdrawal rights.
§ 12 Final Provisions
Deviations require written agreement. Individual agreements take precedence over these T&Cs.
PERFORMANCE SYNDICATE LTD may transfer contracts and rights to third parties. The Client agrees.
In case of material breaches, PERFORMANCE SYNDICATE LTD may terminate with immediate effect and block access.
Claims for damages expire after 12 months unless otherwise required by law.
The law of Hong Kong applies exclusively. Place of performance and exclusive jurisdiction is Hong Kong.
Should any clause be invalid, the remainder remains effective. The parties shall replace invalid provisions with ones closest to the intended purpose.
T&Cs effective as of: 01.11.2023
© Copying prohibited