§ 1 General
All services within the scope of training events are based on these General Terms and Conditions for Training Courses of Megatron Professional IT-Services GmbH. By placing an order or registration, these Terms and Conditions are accepted.
Changes and additions to the contract and other agreements must be made in writing. Warranties of quality shall only exist if they are expressly designated as such.
§ 2 Liability
All training courses are prepared and carried out with the greatest possible care. An attentive participant can achieve the training objectives. Training success is not guaranteed.
Megatron Professional IT-Services GmbH assumes no liability for the function of presented programs, processing steps or parts thereof. In particular, Megatron Professional IT-Services GmbH assumes no liability for any consequential damages resulting from subsequent use, such as loss of performance, license obligations or lost profits.
Megatron Professional IT-Services GmbH shall only be liable for damages, irrespective of the legal grounds for liability, to the extent that Megatron Professional IT-Services GmbH, its legal representatives or vicarious agents can be shown to have acted with intent or gross negligence.
In the event of negligence, the liability of Toolmaker, its legal representatives or vicarious agents shall be limited to the foreseeable damage typical for this type of contract in the event of a breach of material contractual obligations, unless the damage results from injury to life, body or health or under the Product Liability Act.
Otherwise, liability for negligence is excluded.
In the case of contractual as well as non-contractual liability, all claims for damages shall become statute-barred within one year of the claim arising and knowledge of the basis for the claim, except in cases of intent, gross negligence, under the Product Liability Act or in the case of personal injury.
§ 3 Copyright and proprietary rights
The training documents handed out as part of the events are protected by copyright and may not – not even in part – be reproduced, in particular using electronic systems, made available for downloading/copying, or used commercially without the written consent of Megatron Professional IT-Services GmbH and the respective instructors.
Megatron Professional IT-Services GmbH does not warrant that the products, processes or other names mentioned and used in the training are free from third party intellectual property rights.
§ 4 Data Protection
Note in accordance with § 33 BDSG: The Customer is obligated to inform each participant registered by him/her that his/her personal data will be stored within the scope of the business relationship and to obtain his/her consent to such storage.
§ 5 Miscellaneous
Prices quoted are exclusive of the statutory value-added tax.
German law shall apply exclusively. The exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the court responsible for Megatron Professional IT-Services GmbH.
§ 6 Severability clause
Should individual provisions of these terms and conditions be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remaining part or the remaining clauses. The invalid provisions shall be replaced by terms and conditions that take into account the purpose of the contract as far as possible by way of supplementary interpretation of the contract.
§ 1 Booking
A booking made in writing or electronically (via the Internet) by the Customer or Customer’s participant(s) is binding for the Customer. However, the entitlement to participate in the booked training shall only arise if Megatron Professional IT-Services GmbH confirms the participation in writing or by e-mail, stating the course including the date and with the name of the participant(s). If Customer does not receive a booking confirmation, Customer cannot assume that the booking is in order.
§ 2 Receivables from Megatron Professional IT-Services GmbH
All invoices for open training courses are due no later than 7 days prior to the start of the training course. If Megatron Professional IT-Services GmbH has not received payment on the working day prior to the Training, Megatron Professional IT-Services GmbH may exclude the registered participant from the Training.
§ 3 Cancellations by participants
A participant may cancel his or her booking up to 15 days before the start of the training without giving any reason and without incurring any cancellation costs. The withdrawal must be declared in writing. The date of receipt by Megatron Professional IT-Services GmbH is decisive. In the event of cancellation 14 days or less prior to the start date, 50% of the booked training will be charged. If the non-participation is caused by an unexpected serious health impairment and the participant provides a medical certificate to this effect, the participant may take the training within one year without being charged again or transfer his/her booking to a colleague.
§ 4 Cancellations by Megatron Professional IT-Services GmbH
In the event of sudden illness of the trainer, an insufficient number of registrations or unreasonable events (force majeure), Megatron Professional IT-Services GmbH may cancel the training without observing any deadlines up to the time of commencement. In this case Megatron Professional IT-Services GmbH undertakes to make up the training after the reason has ceased to exist. Proven costs for the first journey will be reimbursed against submission of receipts; if the journey is made by car, € 0.30 per kilometer of distance will be reimbursed; if several participants travel in one car, the amount will only be due once. Further claims cannot be asserted.
§ 1 Offers from Megatron Professional IT-Services GmbH.
Our individual offers are binding only until the date stated on the offer and may be accepted by Customer in writing at any time during this period.
§ 2 Cancellations and date changes
Megatron Professional IT-Services GmbH reserves the right to cancel appointments for important reasons (e.g. short-term absence of the speaker due to illness); in this case, however, Megatron Professional IT-Services GmbH undertakes to make up for the measure in agreement with the Client after the reason has ceased to exist.
§ 3 Cancellation by the client
Cancellation must be declared in writing. A customer can withdraw from his booking up to 60 days before the beginning of the training without giving reasons and without cancellation costs. In case of cancellation up to 30 days before the start of the training, the costs for the preparation of the course are to be paid plus 25% of the booked participant fees. In case of cancellation up to 15 days before the beginning of the course, the costs for the preparation of the course plus 50% of the booked participant fees have to be paid. In case of cancellation less than 15 days before the beginning, the cost of preparation of the course plus 75% of the booked participant fees are to be paid.
§ 4 Training documents for participants
At the latest two weeks prior to the start of the training, Customer shall inform Megatron Professional IT-Services GmbH of the names of the participants. The corresponding amount of documents will be handed out during the training. These documents are included in the agreed remuneration, unless otherwise contractually agreed.
§ 5 Duties to cooperate
Megatron Professional IT-Services GmbH and/or the instructor shall receive the full support of the Client for the preparation and execution of the training course in all agreed and necessary measures in order to achieve optimum success.
The premises and technical equipment (projector, screen, network, passwords) for the training event shall be provided by Client at its expense, unless otherwise contractually agreed.