GENERAL TERMS AND CONDITIONS (GTC) TRAINING
General terms and conditions of Scalefree International GmbH for training courses.
§ 1 GENERAL PROVISIONS
The following general terms and conditions of Scalefree International GmbH apply to all services in the framework of training courses (in-house and public) for business owners, consumers, legal persons under public law or special estates under public law (referred to in the following as “customers”). The inclusion of the customer’s general terms and conditions is rejected reserving any expressed written consent.
§ 2 CONCLUSION OF CONTRACT
A training contract first comes into existence when registration is confirmed in writing. This will be done within 14 days after receipt of the registration in text form (by mail, fax, e-mail i.a.). The number of participants is limited. Registrations will be honored in the order in which they are received. If needed the participants’ data will be processed electronically; any such processing is for internal purposes only and only to the extent necessary to execute the contract.
§ 3 TYPE AND SCOPE OF SERVICE
(1) Scalefree International GmbH offers training courses, especially data-vault-training courses and other IT-training courses (both in-house as well as public) in our own facilities as well as in facilities to be agreed on with the customer.
(2) To the extent that nothing else is agreed on, the training courses will always take place from 9 a.m. to 6 p.m. o’clock. In the case training courses open to the public, a minimum of 8 participants are required. The number of participants as a rule may not exceed the number of registered participants. If persons who are not registered are in the room, the lead trainer is authorized in each case to eject these persons from the room and to interrupt or delay the completion of the training until the persons in question leave the room. A person who is provided access to the content of the training course by means of remote communication (e.g. Skype), is deemed in this case to be present in the room. In the course of the training, training documents and hand-outs will be distributed to the course participants to the extent that nothing else is agreed to. The training documents and hand-outs are included in the cost of the training course. The participants in the training course will receive a personalized certificate of participation.
(3) For training courses that are held in facilities arranged and agreed on with the customer, the customer will make sure that the required infrastructure is on-hand (specifically overhead/LCD projector, whiteboard, flipchart, in each case matching pens).
(4) The organization of travel to the course site and any necessary hotel stays is entire the responsibility of and at cost to the customer or the participant. In the case of a no-fault no-show or withdrawal of the training course, claims to reimbursement are excluded (see also § 8 Liability).
§ 4 NOTICE OF RIGHT TO WITHDRAW
(1) When concluding a distance selling transaction, consumers have a legal right of withdrawal concerning which Scalefree International GmbH provides the legally required information below. The sample withdrawal form is found in Paragraph (2).
Notice of Right to Withdraw
Right to withdraw
You have the right to withdraw from this contract within fourteen days without stating any grounds.
The notice period for withdrawal is fourteen days from the date on which the contract is concluded.
In order to exercise your right to withdraw , you must inform us (Scalefree International GmbH, Bahnhofstr. 8, 30159 Hannover, , +49 (511) 879 89341, [email protected]) by means of a clear statement (e.g. a letter sent by mail, a fax or an e-mail) of your decision to withdraw from this contract. You may use the sample withdrawal form, but this is not required.
To observe the withdrawal notice period, it suffices that you send the communication of your intent to exercise the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we must repay you all of the payments that we have received from you including the delivery costs (with the exception of added costs that result from your selecting a different form of delivery than the one we offered as inexpensive standard delivery), without delay and at the latest within fourteen days of the date on which we receive the communication concerning your withdrawal from this contract. We will use the same mode of payment for this re- payment that you used in the original transaction unless something different was expressly arranged with you; under no circumstances will you be credited for any compensation with this repayment.
If you requested that the service begin during the withdrawal notice period, you must pay us a reasonable sum that corresponds to the share of the services we already completed through the date on which you notified us of your decision to exercise your right to withdraw with respect to this contract as a percentage of the total services provided for in the contract.
(2) The provider complies with provisions of law by providing you with the following sample withdrawal form:
Sample withdrawal form
(If you want to withdraw from the contract, fill this form out and send it back.)
—To Scalefree International GmbH, Bahnhofstr. 8, 30159 Hannover, , +49 (511) 879 89341, boot- [email protected]:
— I/we (*) hereby withdraw from the contract concluded with me/us(*)
For the purchase of the following goods (*)/ the performance of the following
— ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— signature of the consumer(s) (only for paper notifications)
(*) mark through the inapplicable option
(3) The right of withdrawal is voided before term if Scalefree International GmbH has completed the service entirely and only began to execute the service after the consumer had given his/their expressed consent and at the same time confirm that he/they/were aware that the right of withdrawal is voided once the contract has been completely fulfilled by Scalefree International GmbH.
§ 5 CANCELLATION
If the customer is not a consumer or if the withdrawal notice period according to § 4 is expired, the following provisions apply (Paragraphs 1 and 2):
(1) The customer can name a different participant for the training course through the first day of the training course. To do this, it is necessary to send a communication to this effect via e-mail to boot- [email protected], fax to +49 (511) 879 89349 or telephone +49 (511) 879 89341.
(2) Cancellations must be communicated at the latest two calendar weeks before the start of the training course by means of a communication in text form by e-mail to [email protected], fax to +49 (511) 879 89349 or by letter to Scalefree International GmbH, Bahnhofstr. 8, 30159 Hannover, . To the extent it has already been paid, the training fee will be repaid minus a 15% cancellation fee. Cancellations after this period cannot be considered. The customer is permitted to demonstrate that the cancellation caused lesser or no loss.
(3) Scalefree International GmbH is entitled to cancel (withdraw from) training courses for a justified reason (e.g. no-fault absence of the trainer/presenter especially in cases of illness or too few registered participants, i.e. fewer than 8 participants for public training courses, force majeure) or to re-locate them and/or name a different date as a substitute. Scalefree International GmbH will notify the customer of any cancellation changes immediately. In the event that it is cancelled, any training fees already paid will be immediately reimbursed in accord with applicable provisions of law under § 346 BGB. The contractual payment obligation is void. § 8 (Liability) applies to any claims to compensation for damages from the customer/participant.
(4) In the event that the number of participants in an in-house training course exceeds the number of registered participants, the trainer in each case has the right to exercise the provisions under § 3 Para. 2 of these GTCs; and if the interruption or delay makes it likely impossible to complete the training course in the time provided for it, <<Business_Unit_Registration_Name>> and the trainer are entitled to halt the execution of the training course and terminate the contractual relationship without notice. The customer has no claim to a make-up course at a later date. In the event of such a termination, Scalefree International GmbH is entitled to demand a reasonable compensation for the preparation for the training course and any portions of training already completed.
(5) The right to extraordinary cancellation for due and sufficient cause remains in effect.
§ 6 INTELLECTUAL PROPERTY
§ 7 COMPENSATION AND TERMS OF PAYMENT
All prices are net prices plus the legally mandated German VAT. The training fee is due and payable in advance on receipt of the billing statement, immediately and without discounts, in Euro, to the extent that no other agreement is made. Billing for in-house training courses is completed based on the number of registered participants and/or the agreement. If the number of actual participants falls below the number of registered participants, this does not result in any reduction or reimbursement of the training fees. If the number of actual participants exceeds the number of registered participants, § 3 (2) and § 5 (4) of these GTCs apply, to the extent that no agreement can be reached on an increase in the training fee.
§ 8 LIABILITY
(1) In the event that a training course is either cancelled or called off for reasons for which Scalefree International GmbH cannot be responsible, especially due to a trainer becoming ill, there is no claim to carrying out the training course. Scalefree International GmbH is liable in this case only to immediately inform the customer and participants using one of the means of communication mentioned.
(2) Claims by the customer to compensation for damages are excluded. This excludes claims to compensation for damages brought by the customer for injury to life, limb or health or breach of essential contractual obligations (cardinal obligations) as well as liability for damages arising from intentional or grossly negligent breach of contract by Scalefree International GmbH, its legal representatives or temporary employees. Essential contractual obligations are those whose fulfilment is absolutely necessary to attain the objective of the contract, whose fulfilment is a fundamental precondition to the proper completion of the contract and on whose fulfilment the contract partner may regularly rely.
(3) On breach of essential contractual obligations, Scalefree International GmbH is liable only for the types of damages typical to contracts of this kind and foreseeable at the time the contract was concluded, if they are the result of simple negligence, unless the customer’s claim to compensation for damages derives from injury to life, limb or health.
(4) The limitations of Paragraphs 1, 2 and 3 apply in favor of the legal representatives and temporary employees of Scalefree International GmbH, if claims are asserted against them directly.
(5) The provisions of the Product Liability Act remain in effect. The objection of joint culpability is reserved.
§ 9 SEVERABILITY CLAUSE, REQUIREMENT OF WRITTEN FORM
(1) In the event that individual provisions of the training contract including these General Terms and Conditions prove or become partly or wholly unenforceable or unfeasible, or in the event that the training contract contains unintended loopholes, this will not compromise the enforceability of the remaining provisions. The parties commit to agree on an enforceable and feasible provision in place of the unenforceable, unfeasible or missing provision that will most closely approximate the unenforceable, unfeasible or missing provision with all due consideration for the commercial purpose of the contract. The parties are obligated to confirm such a provision in the required form, at least in writing.
(2) Changes and amendments to this contract must be made in writing; this applies to any change to the requirement of written form as well.
§ 10 APPLICABLE LAW
(1) For all legal relationships between the parties, including these terms and conditions, the law of the Federal Republic of Germany applies excluding the laws concerning the international purchase of moveable goods. This choice of laws applies for consumer contracts, to the extent that the provisions of the ROM-I-Ordinance do not contradict it. The German version of these terms and conditions is the legally binding version. Any translations into other languages are not legally binding.
(2) If the customer is a merchant, legal person under public law or special estate under public law, the sole court of jurisdiction for all legal disputes arising from this contract is Hannover. The same applies if the customer does not have a general court of jurisdiction in Germany or if residence or habitual domicile are not known at the time the complaint is brought. The right to appeal to the court in another jurisdiction remains in effect.