Terms and Conditions
Version effective as of 19.06.2018
These Terms and Conditions ("T&Cs") apply for all contracts,
deliveries and other performances by
Sepapaja 6, 15551 Tallinn, Estonia
(hereinafter also referred to as JOIOM, we or us), in dealings with its
Customers. All and any deviating business terms and conditions of the
Customer are hereby rejected. JOIOM shall only recognize any such
deviating terms and conditions if they have been expressly agreed in
The "T&Cs" consist of
- General Terms and Conditions (Section I.),
- Special Terms and Conditions for Business Consultancy (Section II.),
- Training and/or Seminar Arrangements (Section III.),
- Online Shop
(Section IV.) and
- Copyright and License Agreements (Section V.)
Customer is able to download and print the aforesaid "T&Cs" under
www.joiom.eu/terms.html or to submit a written request by means of an
e-mail to email@example.com
I. General Terms and Conditions of Business
2. Turnover Tax and Payment
- All JOIOM offers are specifically directed to companies or traders
and not to consumers. Upon the conclusion of a contract, the relevant
Customer confirms that the services to be provided by JOIOM or the
documents to be provided by JOIOM are being commissioned or acquired for
his/its commercial or freelance activities.
- All ancillary agreements are to be confirmed in writing; individual
agreements shall always have priority.
- Business relationships between JOIOM and its Customers are governed
by the laws of the Republic of Estonia (Eesti Vabariik).
- The exclusive legal venue for all disputes in connection with the
present contract is Tallinn, Estonia, if the Customer is a trader, a
legal entity under public law, a public-law fund or has no legal venue.
JOIOM shall also be entitled to bring legal action against the Customer
at its general legal venue.
- Unless otherwise stated, the agreed fees and/or prices are net prices
plus value-added tax.
- Unless otherwise agreed, payment obligations of the Customer are due
for settlement within 10 days after the invoice date. If a Customer is
in arrears with his/its payment obligations, JOIOM shall be entitled to
insist on damages and/or to withdraw from the Contract in accordance
with the relevant legal regulations.
- JOIOM shall always provide the Customer with an invoice transmitted
by e-mail as a PDF-data file.
4. Offsetting and Retention Right
- JOIOM shall be liable for property and legal defects in accordance
with the relevant legal regulations.
- Damage compensation claims extending beyond liability for property
and legal defects, may only be enforced by a Customer against JOIOM in
the event of willful intent or gross negligence. The aforesaid liability
exclusion shall not apply in the event of an impairment to life, body or
health or in the event of a breach of major contractual obligations. The
amount of JOIOM's liability shall be limited to typically foreseeable
damages when the contract was concluded.
- Liability under the Product Liability Act and other compulsory legal
regulations shall remain unaffected.
The Customer shall only be entitled to exercise a retention right if the
relevant counterclaims are recognized by JOIOM or recognized by
declaratory judgment. The Customer shall only be entitled to exercise a
retention right insofar as his/its counterclaim is based on the same legal
5. Data Protection
- The Customer is aware and in agreement that personal data required
for the execution of the relevant order may be stored by JOIOM on data
carriers. The Customer expressly agrees with the collection, processing
and use of his/its personal data. Personal data stored by JOIOM shall
naturally be treated in confidence. The processing of personal data,
such as the name, address, e-mail address, or telephone number of a data
subject shall always be in line with the General Data Protection
Regulation (GDPR), and in accordance with the country-specific data
protection regulations applicable to JOIOM.
- With the prior express consent of the Customer, personal information
may also be used in order to acquire information on products, marketing
measures and other services.
- The Customer shall be entitled to refuse to give its consent at any
time as far as the future is concerned. In this case, JOIOM shall be
obliged to immediately delete all and any personal data relating to the
Customer. If there are any ongoing contractual relationships, these
shall be deleted after they have expired.
II. Special Terms and Conditions relating to Management Consultancy
6. Commissioning and Establishment of an Assignment Termination
7. Duties and Obligations of the Customer
- The assignment, approach, type of working results and compensation
shall be specified by means of a written agreement to be concluded
between JOIOM and the Customer. All and any amendments, supplements or
extensions of the assignment specification, the relevant approach and
the type of working results must be the subject matter of a written
- The services of JOIOM shall be performed when the necessary analyses
and the resulting conclusions and recommendations have been processed
and explained to the Customer. It is irrelevant whether and when the
Customer implements the conclusions and/or recommendations.
8. Duties and Obligations of JOIOM
- The Customer undertakes to assist the work to be carried out by
JOIOM. In particular, the Customer shall gratuitously comply with all
prerequisites pertaining to its sphere of operational activities and
which are necessary for carrying out the necessary work or services. If
the reasonably requested prerequisites are withheld, the Customer shall
compensate JOIOM for the documented unoccupied time involved separately.
- The Customer shall undertake not to recruit or commission employees
or vicarious agents of JOIOM engaged in connection with the execution of
consultancy services within a period of 24 months after the end of their
JOIOM is obliged to treat all information concerning operational and
business secrets of the Customer in confidence and shall arrange for a
corresponding covenant statement to be signed by its employees and/or
vicarious agents upon request. If one of the employees or vicarious agents
fails to comply with the aforesaid obligation, JOIOM shall assign the
recourse entitlements to the Customer which are lodged against the
employee or vicarious agent.
9. Protection of Working Results
All reports, plans, designs, summaries and calculations produced by JOIOM
may only be used for the contractually agreed purposes. Each and every
non-contractual utilization of the aforesaid performances, especially
their publication, shall require the prior written consent of JOIOM. This
shall also apply even if the work performed fails to comply with special
legal rights and, in particular, with the relevant copyrights.
III. Special Terms and Conditions relating to Training and Seminars
10. Reservation of Training and Seminar Functions
11. Prices for Training and Seminar Functions, Cancellations and
- If the Customer reserves his/its participation in training and
seminar functions through a JOIOM web portal, a contract shall
materialize when JOIOM issues a written confirmation of the Customers
participation; with the aforesaid confirmation, the registration shall
then be binding for both parties. The Customer shall receive the invoice
together with his/its participation confirmation.
- In the case of other reservation procedures, e.g. by telephone,
e-mail or letter, JOIOM shall forward an offer to participate in the
requested training or seminar function which the Customer is able to
accept in a text form within 1 week. With the aforesaid confirmation by
the Customer, the registration shall be binding for both parties and the
relevant invoice shall then be forwarded to the Customer.
- On account of the limited number of participants and in the interest
of Customer individual applications shall be processed and taken into
account in the sequence of their receipt.
- The trainers engaged by JOIOM for executing training and seminar
functions act exclusively on behalf of and in the name of JOIOM during
the execution of the training and seminar functions. Within a period of
24 months after the end of the training and/or seminar functions,
supplementary, follow-up and new assignments with the trainers shall be
executed exclusively through JOIOM.
12. Execution of Training and Seminar Functions, Non-Acceptance and
- The prices stated in the course programs or in the online-portal
apply for participating in training and seminar functions, or
individually agreed prices in the case of special company functions, for
- The participation charge is due within 5 days of receipt of the
relevant invoice but in all cases before the commencement of the
relevant function. If the participation charge has not been paid by the
commencement of the function in question, participation shall
unfortunately not be possible. An early reservation discount shall only
be granted if both the reservation and payment are made by the specified
- Prices include training services and training documents based on
their availability unless specified otherwise. The participants will
also receive a written participation confirmation and, if the relevant
examination is duly passed, a certification deed. Other costs incurred
in connection with the training, e.g. accommodation and travelling
expenses, shall be borne by the participants themselves. Any
non-appearance, or just a temporary participation in a particular
function, shall not entitle the participant to reduce the participation
- If a participant does not participate in a training or seminar
function and if the Customer is able to document this by means of a
medical certificate, the Customer shall be entitled to a gratuitous
transfer to a training session with the same course designation on the
next available date. No later than 14 days before the commencement date
of the function in question, participants shall also be able to submit a
written cancellation of their participation in training or seminar
functions as follows:
- Cancellation is free if it is submitted 30 or more days before the
commencement of the function in question; any participation charges
already paid shall be reimbursed by JOIOM.
- If a cancellation is submitted between the 29th calendar day and
the 15th calendar day before the commencement of the function in
question, 50 % of the participation charge shall be due. Any
participation charges already paid shall be reimbursed by JOIOM.
- In the event of a later cancellation, the whole participation
charge will be levied.
- Customer may transfer a registration to another member of his company
at any time.
- For a processing charge of € 50.00 plus VAT, a Customer shall also be
entitled to transfer a registration to one other JOIOM function within
the following six months. Any different participation prices shall be
13. Training Document Copyrights
- The function location is stated in the current training specification
or in the confirmation letter or, in the case of company functions, in
the offer or order confirmation. Any transfers of the training location
are hereby reserved. The minimum number of participants is 4 unless
- JOIOM reserves the right to cancel confirmed functions for
organizational or any other important reasons (e.g. in the event of an
insufficient number of participants) up to two weeks before the
scheduled commencement of the function in question. JOIOM shall, in this
case, make every effort to offer alternative sessions. In the event of a
rejection or cancellation of a function, e.g. attributable to force
majeure, JOIOM shall immediately inform the participants and shall
refund the participation charges already paid; no additional claims may
All copyrights and other proprietary rights relating to training
documents, including translations, reprints and duplications thereof,
shall remain with JOIOM. Without the prior written consent of JOIOM, no
user may reproduce, copy, distribute or publicly disseminate training
documents in whole or in part and in any form whatsoever, nor for tuition
IV. Special Terms and Conditions relating to the Online-Shop
14. Contract Conclusion and Execution
15. Price, Despatch Costs and Payment
- JOIOM offers a various selection of services for buying online.
Customers are able to collect and subsequently order their selections in
a virtual basket. Before an order is formally placed, the Customer
receives a summary of order and the relevant turnover tax and is able to
verify and correct the order for its factual correctness, particularly
as far as the relevant prices and quantities are concerned. JOIOM shall
then send an order receipt confirmation to the Customer by e-mail.
- JOIOM has prepared the texts, illustrations or images included in the
services to the best of its knowledge and belief. Taking due account of
the relevant laws and legal regulations. The final examination and
assessment of the contents for the scheduled use in each particular case
is the responsibility of the Customer; this also particularly applies
with regard to any possible change in the operational and legal
situation when the aforesaid are used, together with any amendments or
supplements made by the Customer.
- A license agreement shall materialize when JOIOM confirms the
Customers order in writing or when JOIOM has made the data files
available so the Customer can download them for final purpose.
- The Customer is able to download the data files after the agreed
price has been remitted to JOIOM.
- The prices specified in the online shop apply. No packaging or
despatch costs are payable; additional downloading costs may, however,
be incurred for transmitting the data files through the Internet.
- The Customer may select between a credit card payment and a payment
by bank transfer:
- In the event of a credit card payment, the Customer will be
automatically transferred to the credit card payment provider page
during the order processing stage and shall make an irrevocable
payment there. After being transferred back to the shop page, the
Customer then completes the order and receives a download link or
confirmation of service to be performed by JOIOM.
- If payment is made by bank transfer, the Customer receives the link
for downloading or service to be performed by JOIOM after receipt of
the e-mail remittance confirmation by JOIOM from the bank. Payment by
bank transfer is due 10 days after conclusion of the relevant
V. Copyright and License Agreements
16. Media Content and Software
- Software and graphic design services offered by JOIOM are subject to
copyright law in accordance with the Estonian Copyright Act
(Autoriõiguse seadus - AutÕS), with this applying both in the original
and also in any amendment. The Copyright Act applies in respect of the
relevant text, illustrations and images and also to the layout and
design. JOIOM reserves the right to protect the data files against any
inadmissible onward transmission by means of hidden programming codes.
- Upon receipt of the full settlement of the agreed price, JOIOM shall
assign the non-transferable and non-exclusive right to use content
received for business purposes including all relevant text and images
with the aforesaid being unlimited in terms of time and geographical
scope. The Customer is simultaneously entitled to store all received
content and to process and edit the aforesaid individually. The granted
licence shall not allow the Customer to transmit the documents in an
unamended or amended form to third parties, neither for a compensation
- The Customer acknowledges and agrees that neither JOIOM nor its board
members, officers, employees, sales-partner or agents, will be liable
for any loss or damage arising out of or resulting from JOIOM's
provision of content or any use of the content by the Customer or its
employees and the Customer hereby releases JOIOM to the fullest extent
from any such liability, loss, damage or claim, in particular if
third-party content is used.
- If JOIOM becomes aware of a violation of its own rights of use or
rights of third parties, the customer shall be informed immediately.