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TERMS AND CONDITIONS (GTCS) OF SERVIEW GMBH

( As of March 2021 – Version 4.3)

1. GENERAL TERMS AND CONDITIONS FOR TRAINING SERVICES OF SERVIEW GMBH

§1 GENERAL

These General Terms and Conditions apply to publicly offered training courses as well as to in-house training courses and customer-specific qualification programs of SERVIEW GmbH. Oral commitments and side agreements require written confirmation by SERVIEW GmbH.

The products and services offered by us are directed exclusively at commercial customers (companies and self-employed persons) in accordance with § 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).

§2 BOOKING

Bookings can be made by telephone, in writing (letter, e-mail or fax), and via the SERVIEW websites. If the booked training is available, you will receive a booking confirmation from us immediately (date of conclusion of contract). The number of participants for our training courses is limited; therefore, we consider registrations in the order in which they are received. By registering, the customer accepts these General Terms and Conditions as well as the conditions of participation listed in the offers. These General Terms and Conditions apply exclusively. Insofar as the customer’s terms and conditions deviate in whole or in part, they shall not become part of the contract, even if they have not been expressly contradicted. Exceptions only apply if SERVIEW GmbH expressly agrees to the customer’s terms and conditions.

§3 DATA PROTECTION

The contract is fulfilled using automated data processing. The customer gives their express consent to the processing of personal data disclosed in the course of contractual relations and necessary for order processing. The personal data collected will be only used for the purpose of fulfilling the order. With regard to personal data, the current provisions of the EU Data Protection Regulation (EU-DSGVO) and the new Federal Data Protection Act (BDSG_neu) apply. The customer has the right to revoke their consent at any time. All further conditions regarding data protection can be found in the data protection regulations.

§4 CANCELLATION, CHANGES AND CANCELLATIONS

The calculation of the deadlines is based on the days of the week from Monday to Sunday (seven days), which shall hereinafter be referred to as “days”.

4.1 Public Trainings

With Business-Flex Option (only applicable for training booked on www.serview.de): If the training was purchased with the “SERVIEW Business-Flex” option, participation in the training can be cancelled free of charge by e-mail up to one (1) hour before the start of the training without giving any reason, or a one-off rebooking can be made free of charge. In this case, fees already paid will be refunded within seven (7) days. The fee for the SERVIEW Business-Flex Option will be deducted from the total amount.

Without Business-Flex Option (or booked on …byserview.com websites): Registrations for public training courses can be cancelled or rebooked free of charge up to 14 days before the start of the training course. In the case of cancellation or rebooking 13 days or more before the start of the training (not including the day of the start of the training), we will charge 50% of the training price and the examination fee. You are entitled to send a suitable substitute participant. If the participant does not show up, we will charge you the full training price and examination fee. We reserve the right to cancel a course for organizational or technical reasons (e.g., if the dependent minimum number of participants is not reached or if the trainer is unable to attend due to illness). In the event of a cancellation by SERVIEW GmbH, a rebooking will be made for another date and/or another venue with the agreement of the participants. If a rebooking is not possible, SERVIEW GmbH shall refund any payments made in this context. Further claims for, among others, travel expenses or accommodation costs are excluded. This also applies to dates with the SERVIEW date guarantee.

4.2 In-house training

Bindingly ordered training dates can be cancelled or rebooked free of charge up to 21 days before the start of the training. In the event of cancellation from 20 days (not including the day of the start of the training) up to seven (7) days before the start of the training, 50% of the training price, the examination fees, and the costs incurred are charged. In the case of cancellation or rebooking of the training from six (6) days before the start of the training, the full training price, the examination fees, and the costs incurred are charged. We reserve the right to cancel for organizational and technical reasons, e.g., if the trainer is unavailable due to illness. In the event of a cancellation by SERVIEW GmbH, an attempt will be made to arrange a new event date with you.

4.3 Live Online Training

The subject of the service is the participation in a virtually conducted training course. The customer receives all necessary login data in advance by e-mail and, when booking the training, agrees to fulfill the necessary technical requirements on the part of the participant. The requirements can be viewed on the website at any time. The rights to the VLC training courses remain with SERVIEW GmbH. The participant is only granted a non-exclusive, non-transferable, and time-limited right of use for the duration of the service. The transmitted login data are confidential and personal; they may not be passed on without explicit declaration. Furthermore, no additional persons may visit the virtual training, or participate actively or passively in the entire training or in extracts of the training. In case of technical problems or non-fulfillment of the technical requirements not caused by SERVIEW GmbH, any claims are excluded.

4.4 Room bookings (overnight stays)

Bookings made in the SERVIEW boarding house in connection with a public training course may be cancelled free of charge up to 14 days before the start of the training course. If you cancel or change your booking within 14 days of the start of the training, we will charge 50% of the accommodation costs (not including the day the training starts). If the participant does not show up for the training, we will charge you the full cost of the overnight stay. By making a booking, you do not acquire any entitlement to the provision of specific rooms. Booked rooms are available from 3 p.m. local time on the day of arrival. On the agreed day of departure, check-out must take place by 10 a.m. local time at the latest.

4.5 Promotions

Public training courses booked, for example, as part of public discount campaigns, combination campaigns, or anniversaries cannot be cancelled free of charge. After confirmation by SERVIEW GmbH, the training dates can be rebooked according to the time periods specified by the promotion, and you are entitled to send a substitute participant. If the training participant does not appear or the training is cancelled, we will charge 100% of the training price and the examination fees. We reserve the right to cancel for organizational and technical reasons (e.g., if the dependent minimum number of participants is not reached or the trainer is unable to attend due to illness). In the event of a cancellation by SERVIEW GmbH, with the agreement of the participants, rebooking will be made for another date and/or another venue. In the event of cancellations or changes by SERVIEW, the benefits of the promotion shall remain unaffected. Further claims such as for travelling or accommodation costs are excluded.

§5 FEES AND PAYMENT TARGETS

All prices are exclusive of statutory value-added tax. Unless otherwise agreed, training fees are per person and to be paid without deduction by the start of the training. Only intermittent participation in the training sessions does not entitle the participant to a price reduction. If payment has not been received in the account specified in the invoice by the start of the training or if no corresponding proof can be presented, we reserve the right to decide on the participation. The payment obligation remains unchanged regardless of this. Unless otherwise agreed, the term of payment is 14 days from the date of invoice to the account details stated in the invoice.

§6 DEVIATION FROM EXECUTION

SERVIEW GmbH has the right to change the time and/or location of all training courses, including those with a guaranteed date, and to cancel them on short notice, if necessary. If a training course is cancelled, SERVIEW GmbH shall offer alternative dates for it. If no suitable date can be found, SERVIEW GmbH shall refund fees already paid. Claims for reimbursement of travel and accommodation costs and costs incurred through lost work time are excluded, unless these costs are incurred due to gross negligence on the part of SERVIEW GmbH.

Furthermore, SERVIEW GmbH reserves the right to change the trainer named on the website at short notice, and it is not necessary to give any reason for this. The change of the named trainer shall not entail any right to cancellation of the booked training and shall result in the application of §4.

§7 COPYRIGHT AND TRADEMARKS

We reserve all rights, including translation, reprinting, and reproduction of the training documents or parts thereof. No part of the training documents may be reproduced in any form – not even in part – without our written permission, including for the purpose of teaching, in particular processed, copied, distributed, or used for public reproduction using electronic systems. Various software solutions are used in SERVIEW GmbH training courses, which are protected by copyright and trademark rights. The software solutions may not be copied or processed in any other machine-readable form and may not be removed from the training room. Furthermore, the German and European copyright regulations apply.

§8 LIABILITY

The tuition and exercises in the training courses are designed to enable an attentive participant to reach the goals of the training. However, we are not liable for the training success. If §309 Nos. 7 and 8 of the German Civil Code (BGB) do not apply, we are liable for damages caused by our employees intentionally or through gross negligence, irrespective of the legal basis, once and limited to the equivalent value of the service provided, but up to a maximum amount of EUR 10,000. Any further liability is excluded. SERVIEW GmbH is not liable for damages caused by viruses on copied data carriers, and this also applies to Public Domain Software. Data carriers brought by participants may not be used on our computers, unless it has been expressly agreed with us in writing. SERVIEW GmbH reserves the right to seek compensation for any damages caused to it through an infringement of this rule.

§9 REGISTERED TRADEMARKS

We do not warrant that the products, methods, or other names mentioned are free of intellectual property rights of third parties.

§10 MISCELLANEOUS

The contractual relationship and its performance shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the provisions of the CISG. This choice of law also applies to consumer contracts, provided that Art. 29 of EGBGB (Introductory Act to the German Civil Code) does not conflict with it.

§11 FORCE MAJEURE AND IMPEDIMENTS TO PERFORMANCE

SERVIEW GmbH shall not be liable for events of force majeure that significantly impede SERVIEW GmbH’s contractual performance or temporarily hinder or render impossible the proper performance of the contract. Force majeure shall be deemed to be all circumstances independent of the will and influence of the contracting parties, such as natural disasters, government measures, decisions by authorities, blockades, war and other military conflicts, mobilization, civil unrest, terrorist attacks, strikes, lockouts and other labor unrest, confiscation, embargoes, or other circumstances that are unforeseeable, serious, and beyond the control of the contracting parties and occur after the conclusion of the contract. If SERVIEW GmbH is prevented from fulfilling its contractual obligations due to force majeure, this shall not be deemed a breach of contract and the deadlines set forth in or based on the contract shall be reasonably extended in accordance with the duration of the impediment. The same shall apply insofar as SERVIEW GmbH is dependent on the advance performance of third parties and such performance is delayed. Each party to the contract shall do everything in their power that is necessary and reasonable to mitigate the extent of the consequences caused by the force majeure. The party affected by force majeure shall promptly notify the other party in writing of the beginning and end of the impediment in each case.

§12 SEVERABILITY CLAUSE

Should one or more provisions of these General Terms and Conditions be or become invalid or should the text of this contract contain a loophole, the contracting parties shall replace or supplement the invalid or incomplete provision by appropriate provisions which correspond as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.

 

2. GTCS FOR THE CONSULTANCY SERVICES BY SERVIEW GMBH

 

§1 SCOPE OF APPLICATION

The General Terms and Conditions for Consultancy Services of SERVIEW GmbH shall apply to all consultancy services provided by SERVIEW GmbH to the customer and to all activities in connection with the consultancy. The General Terms and Conditions for Consultancy Services of SERVIEW GmbH shall also apply accordingly if SERVIEW GmbH provides other services in addition to or instead of consultancy. All orders shall require written confirmation by SERVIEW GmbH. This form may only be waived by written agreement. The services we offer are aimed exclusively at commercial customers (companies and self-employed persons). Therefore, the sale of consultancy services shall also only be made to commercial customers within the meaning of §14 of the German Civil Code (BGB).

§2 PERFORMANCE OF CONSULTING SERVICES

SERVIEW GmbH shall provide the consultancy service within the period agreed in writing in accordance with the principles of proper professional practice by qualified employees. SERVIEW GmbH reserves the right to select the employees who shall provide the consultancy services.

§3 COOPERATION OF THE CUSTOMER

The customer shall support SERVIEW GmbH in the consultancy services to be rendered as agreed. In doing so, the customer shall create, free of charge, all conditions in their sphere of operation that are necessary for the proper performance of the consultancy services. In particular, the customer shall, to the extent necessary, provide work rooms for the employees of SERVIEW GmbH, including the necessary work equipment as required, and to a sufficient extent, appoint a contact person who shall be available to the employees of SERVIEW GmbH for information and questions, among others, during the agreed working hours. This contact person shall also be authorized to make declarations, which are necessary as an interim decision within the scope of the continuation of the order and provide all necessary information and documents.

§4 DATES

If SERVIEW GmbH is in default with the completion of the agreed consultancy services, the customer shall be entitled to terminate the relevant order without notice after the fruitless expiry of a reasonable grace period granted to SERVIEW GmbH. Any claims for damages on the part of the customer due to delayed performance shall be limited to 0.5% per completed week for the period of the delay, but not exceeding 5% of the order value in question. SERVIEW GmbH shall not assume any further liability in the event of delay, unless liability is mandatory in cases of intent or gross negligence.

§5 DEFAULT OF THE CUSTOMER

If the customer fails to cooperate or delays cooperating in accordance with clause 3 or a separate agreement, SERVIEW GmbH shall nevertheless be entitled to demand the agreed remuneration for the consultancy services not provided as a result, without being obligated to provide additional services. If SERVIEW GmbH decides to provide the consultancy services nevertheless, this shall be done only after reasonable adjustment of the schedule. If the customer defaults on the acceptance of the consultancy services – or if they fail to fulfill an obligation to cooperate incumbent upon them – despite a reminder and the setting of a deadline, SERVIEW GmbH shall be entitled to terminate the contract without notice on the one hand, and on the other hand this shall not affect their obligation to pay the agreed remuneration. Irrespective of the assertion of this right of termination, SERVIEW GmbH shall be entitled to compensation for the damage caused by the default. Claims for compensation for any additional expenses shall remain unaffected.

§6 RIGHTS TO WORK RESULTS

Unless otherwise agreed in individual cases, SERVIEW GmbH shall grant the customer a non-exclusive, non-transferable right of use, not limited in time, for internal use in respect of work results produced in the course of the consultancy.

§7 REMUNERATION

Remuneration for consultancy services provided by SERVIEW GmbH shall be calculated on the basis of the time spent on the work, as well as travel and, if applicable, accommodation expenses, unless otherwise agreed in the individual case. Remuneration shall be based on the hourly rates in effect at the time of receipt of the order or on an offer accepted by SERVIEW GmbH during the binding period. However, if the date on which the consultancy services are to be rendered is postponed due to circumstances for which SERVIEW is not responsible or due to force majeure until a date later than three (3) months after receipt of the original order, the then applicable hourly rates shall be used as the basis for the remuneration to be paid in the event of a change in the hourly rates that has occurred in the meantime. The respective consultancy fee shall be due immediately upon receipt of the invoice without deduction. SERVIEW GmbH shall be entitled to charge interest of 3% above the respective discount rate of the Deutsche Bundesbank in commercial business transactions when payment is due, otherwise in the event of default in payment.

§8 LIABILITY

If SERVIEW GmbH’s consultancy services result in direct damage, SERVIEW GmbH shall be liable for such damage in the event of intent and gross negligence, the absence of warranted characteristics, and in the event of personal injury and damage to privately used property in accordance with product liability law. Liability for the recovery of data shall be excluded unless SERVIEW GmbH causes their destruction intentionally or through gross negligence and the customer has ensured that these data can be reconstructed with reasonable effort from data material held in machine-readable form. All other claims for damages – for whatever legal reason – against SERVIEW GmbH and its vicarious agents shall be excluded.

§9 SECRECY/DATA PROTECTION

Each of the two parties shall be obliged not to disclose to third parties or otherwise make available to third parties all information and documents of the other party which become accessible to them in connection with the performance of this agreement. This shall also apply to the work results pursuant to clause 5. Each party shall take the necessary precautions in their sphere of operation to ensure compliance with the above obligations. These obligations shall apply to the extent and until the aforementioned information or documents are demonstrably in the public domain without the intervention of the party obliged to maintain secrecy. SERVIEW GmbH undertakes to comply with the provisions of the German Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation, and in particular not to use any personal data that SERVIEW GmbH or its employees process or handle within the scope of this contractual relationship for any purpose other than fulfilling the respective task. SERVIEW GmbH shall be obliged to entrust only personnel who have been obligated to maintain data secrecy with the performance of the order. This data secrecy obligation shall continue to exist even after the expiry of the respective contractual relationship. In the event of violations of data secrecy or other relevant legal provisions, both the BDSG and the GDPR provide for fines or imprisonment. If, within the scope of an agreed project, SERVIEW GmbH is connected to an information technology network operated by the customer, SERVIEW GmbH shall be obliged to prevent unauthorized access by third parties to the customer’s network via this connection for the duration of the connection.

§10 DUTY OF LOYALTY

The parties undertake to be loyal to each other. They shall inform each other without delay of all circumstances arising in the course of the execution of the project which may affect the processing. In particular, they shall refrain from hiring or otherwise employing people who are or were active in the course of the execution of the order before the expiry of twelve months after the end of the cooperation. The customer undertakes to inform the consultant without delay of any intention to terminate or change the employment of any of the consultant’s staff employed to carry out the assignment.

§11 IMPEDIMENTS TO PERFORMANCE

Events of force majeure and other events which make performance substantially more difficult or temporarily impossible shall entitle the respective party to postpone the performance of their service for the duration of the hindrance and to a reasonable start-up period. Industrial disputes and similar circumstances shall be deemed equivalent to force majeure insofar as they are unforeseeable, serious, and not resulting from the fault of either party. The parties shall notify each other immediately of the occurrence of such circumstances.

§12 RIGHT OF RETENTION ON THE PART OF THE CONTRACTOR

SERVIEW GmbH shall have a right of retention to the documents provided to it until its claims have been settled in full. However, the exercise of such right of retention shall be in breach of trust if the retention would cause disproportionately high damage to the customer that cannot be justified when both interests are weighed. After settlement of its claims under the contract, SERVIEW GmbH shall surrender all documents which the customer or a third party has handed over to it on the occasion of the performance of the order. This shall not apply to correspondence between the parties and to simple copies of reports, organization charts, drawings, lists, and calculations, among others, prepared within the scope of the order, provided that the customer has received the originals. SERVIEW GmbH’s obligation to retain the respective documents shall expire six (6) months after delivery of the written request for collection, otherwise three (3) years, and in the case of documents retained pursuant to paragraph 1, five (5) years after termination of the contractual relationship.

§13 MISCELLANEOUS

The rights arising from this agreement may be assigned by the customer only with the prior written consent of SERVIEW GmbH. Any deviating, contradictory, or supplementary terms and conditions shall require the express written consent of SERVIEW GmbH. The customer may not assert any right of retention unless it concerns claims arising from the same contractual relationship. The customer may only offset claims that have been acknowledged by SERVIEW GmbH in writing or that have been legally established. The place of jurisdiction for all contractual claims and claims in connection with the concluded contract shall be Bad Homburg, provided that the customer is a registered merchant. SERVIEW GmbH shall also be entitled to assert claims before the court having jurisdiction over the customer’s registered office.

§14 FORCE MAJEURE AND IMPEDIMENTS TO PERFORMANCE

SERVIEW GmbH shall not be liable for events of force majeure that significantly impede SERVIEW GmbH’s contractual performance or temporarily hinder or render impossible the proper performance of the contract. Force majeure shall be deemed to be all circumstances independent of the will and influence of the contracting parties, such as natural disasters, government measures, decisions by authorities, blockades, war and other military conflicts, mobilization, civil unrest, terrorist attacks, strikes, lockouts and other labor unrest, confiscation, embargoes, or other circumstances that are unforeseeable, serious, and beyond the control of the contracting parties and occur after the conclusion of the contract. If SERVIEW GmbH is prevented from fulfilling its contractual obligations due to force majeure, this shall not be deemed a breach of contract and the deadlines set forth in or based on the contract shall be reasonably extended in accordance with the duration of the impediment. The same shall apply insofar as SERVIEW GmbH is dependent on the advance performance of third parties and such performance is delayed. Each party to the contract shall do everything in their power that is necessary and reasonable to mitigate the extent of the consequences caused by the force majeure. The party affected by force majeure shall promptly notify the other party in writing of the beginning and end of the impediment in each case.

§15 SEVERABILITY CLAUSE

Should one or more provisions of these General Terms and Conditions of Business be or become invalid or should the text of this contract contain a loophole, the contracting parties shall replace or supplement the invalid or incomplete provision with appropriate provisions that correspond as closely as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall not be affected thereby.

SERVIEW GmbH
Gartenstrasse 23
61352 Bad Homburg
Telephone: +49 6172 17744-0
Fax: +49 6172 17744-99
E-mail: info@serview.de