Subscription Agreement | calligraphy cut® UK

calligraphy cut Subscription Agreement (Last updated: 29.09.2023)

 

Preamble

1. The Calligraphy Cut Company GmbH (hereinafter referred to as "CCC") as licensor is the rights holder of trademarks, patents and registered designs to the calligraphy pen (contract protection rights), which CCC's customers can use in the rental system.

2. The Licensee wishes to use the calligraphy pen. All calligraphy pens handed out under this Agreement shall remain the property of CCC and shall be made available to the Licensee on loan for the duration of the Agreement.

3. This Agreement is a master agreement between CCC and the Licensee. Within the framework agreement, the licensee may assign each individually purchased licence to individual employees for the use of a calligraphy pen. For each licence purchased, access to the Online Academy is available for use by the assigned employee.



I. Contractual object - rights of use

1. With the conclusion of the contract, the Licensee receives a calligraphy pen as a loan for each licence purchased and access to the calligraphy cut Digital Academy. In addition, the Licensee can purchase a Welcome Kit consisting of various necessary accessories for the training.

2. The calligraphy cut Digital Academy includes all training material required for preparation for the calligraphy cut BlackStar exam. Access is activated upon conclusion of the contract.

3. The calligraphy pen may only be used by trained stylists.

4. No later than 4 weeks after receiving access to the calligraphy cut Digital Academy, an application for the certification exam should be made.

5. For each salon in which at least one registered and calligraphy cut certified employee is employed, the Licensee receives the non-transferable right to use calligraphy cut advertising material and to use the calligraphy pen in the Licensee's salons by the certified stylist.

6. After passing the "BlackStar" exam, the Licensee can purchase a "SilverStar" advanced seminar for each registered employee at an extra charge and will then receive the corresponding content in our calligraphy cut Digital Academy. After passing the "SilverStar" exam, the black calligraphy pen is exchanged for a silver calligraphy pen on loan.

7. After passing the "SilverStar" examination, the Licensee can book a "GoldStar" advanced seminar for each employee at an additional charge. After passing the "GoldStar" examination, the silver calligraphy pen will be exchanged for a gold calligraphy pen on loan.

8. The Licensee may also participate in regular community seminars on various calligraphy cut relevant topics at a reduced price. The current prices are always available on the CCC homepage.

9. The Licensee acknowledges all existing copyrights in connection with calligraphy cut (such as training and marketing concepts, documents, marketing tools and media), as well as the contract protection rights of CCC.

10. The right to use the calligraphy pen and to use the marketing material is conditional upon payment of the monthly fee(s) in accordance with Clause II.



II. Monthly licence fees

1. For each licence acquired, an obligation to pay a monthly licence fee as a membership fee commences. The amount can be seen in the currently valid CCC price list.

2. The Licensee agrees that all licence fees may be debited by credit card or by direct debit via the SEPA corporate direct debit scheme. The SEPA direct debit mandate is granted by the Licensee upon conclusion of this Agreement.


III. Marketing

1. The licensee will support CCC twice a calendar year in marketing campaigns, e.g. redemption of vouchers issued for a calligraphy cut.

2. The hairdressing salon of the licensee is listed in the salonfinder on the calligraphy cut website together with the certification status of the respective stylist(s). Both parties shall always endeavour to keep the status as up-to-date as possible.



IV. Quality control

1. The licensee shall use the calligraphy pen in the craftsmanship specified by CCC and imparted by the training measure; the calligraphy pen shall be maintained in perfect condition.

2. CCC may check the use of the calligraphy pen at the Licensee's salons and prohibit further use in the event of significant defects.

3. Potential complaints from customers of the Licensee are also decisive for the quality control.

4. The Licensee shall indemnify CCC against all claims of third parties based on the use of the calligraphy pen. Furthermore, the Licensee shall indemnify CCC against all claims of third parties based on advertising claims of the Licensee about the CCC business concept and its components.





V. Contract period / termination

1. The contract shall commence upon conclusion of this agreement and shall be concluded for an indefinite period.

2. It may be terminated by either party with effect from the end of each month. The termination must be declared in writing. The cancellation of each licence must be listed separately. The termination of an individual licence of the licensee shall only become effective when the licensee has returned the respective calligraphy pen to CCC free of charge and the receipt has been confirmed. Cancellation of all licences shall be deemed to be a cancellation of the framework agreement.

3. The contract shall end at the end of the respective contract term (in the case of monthly payment at the end of the month, in the case of annual payment at the end of the contract year) if all calligraphy pens have been received by CCC by the following 5th working day at the latest and receipt has been confirmed.

4. Termination in accordance with § 627 BGB is excluded. The right to extraordinary termination remains unaffected.

5. If the Licensee is behind with his payment in accordance with clause II.1, this shall also be regarded as termination. A delay of 3 monthly installments in the case of monthly payment or if 2 months delay has occurred in the case of annual payment, this replaces the written notice of termination and corresponds to a termination at the end of the following calendar month. In this case, the Licensee must also return the calligraphy pen to CCC immediately and free of charge.

6. Upon termination of a licence, the right of that licence to use the calligraphy pen and the training documents and materials shall expire. The rights and obligations in respect of the remaining employee(s) shall remain in force.

7. Upon termination of the respective contract, the Licensee must return all calligraphy pens given to him as a loan to CCC free of charge. This shall terminate all rights of use of the Licensee to the contractual property rights as well as any other rights of the Licensee under this contract. Licensee may no longer use CCC's advertising materials, marketing tools and media, must delete any online reference to CCC and may no longer use CCC's trademarks.



VI. Damage lump sum in case of harmful conduct

1. CCC will always behave as an accommodating business partner towards the Licensee and show consideration for the respective individual case.

2. CCC may check the use of the calligraphy pen at the licensee and prohibit further use in case of significant defects.

3. If the licensee stops his monthly payment and does not fulfil his obligation to return the calligraphy pen in due time with the termination of the contract and to stop the acts of use according to clause I. of this contract, he has to pay a lump-sum compensation in the amount of twice the licence fee for each started month of the unauthorised continuation of use.

4. If the calligraphy pen is defective, it will be replaced by CCC free of charge. If the calligraphy pen is obviously wilfully damaged, CCC reserves the right to charge an exchange fee of 500 Pound sterling.

5. Should the calligraphy pen be irretrievably lost by the Licensee, CCC shall be entitled to damages in the amount of 1,000 Pound sterling.



VII. No transferability

1. The Licensee may only advertise calligraphy cut at premises where at least one CCC certified employee is working.

2. The Licensee may not transfer the rights and obligations arising from this agreement to third parties, or bring them into a company, and/or grant sub-licences.



VIII. Written form

1. No verbal ancillary agreements have been made. Amendments to the contract must be made in writing. This also applies to the amendment of the written form requirement.



IX. Place of jurisdiction / choice of law

1. The exclusive place of jurisdiction for disputes arising from or in connection with this contract and/or in relation to the performance of this contract, including tortious liability, shall be the registered office of CCC, provided that the Licensee is a registered trader. For all other contractual partners, the statutory regulation pursuant to § 13 ZPO shall apply.





X. Other

1. If individual provisions of this contract are or become invalid or unenforceable, this shall not affect the validity of the rest of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic objective of the provision concerned. This applies accordingly in the event of a loophole in the contract.