GENERAL TERMS AND CONDITIONS FOR NETTEDAUTOMATION EDUCATION
1. Application
All workshops, courses, webinars, or trainings shall exclusively be governed by this General Terms and Conditions for NettedAutomation Education. Other terms and conditions shall only apply after prior written consent of NettedAutomation GmbH.
2. Scope of Services
Unless otherwise agreed, the scope of services includes the execution of the Training at the agreed location (alternatively access to an online platform) and the provision of the training documentation. An attendance certificate for participation will be issued.
NettedAutomation expressly reserves the right to modify respectively adapt the contents during the Training to meet technical progress. The scope of services for individual Trainings shall be agreed separately.
3. Registration, Enrolment, Use, Data Protection
The registration of the Customer for the Training shall be done in writing by using the registration form on the website https://www.nettedautomation.com and is binding. After registration the Customer (participant) gets a registration confirmation of the agreed Training, including date, price, and payment terms of the Training. NettedAutomation ensures compliance with the applicable data protection regulations. Information about data protection is available at https://www.nettedautomation.com/privacy
4. Prices, Terms of Payment
The prices for Trainings are quoted on the order form respectively shall be agreed separately in case of individual Trainings. Residence-, accommodation- and travel expenses of the participants shall be paid by the Customer. Refreshments during the training and lunch are included in the training price. The prices are quoted in Euro, excluding German VAT, excluding any duties, taxes, fees etc. outside of Germany and are subject to changes. After registration the Customer receives an invoice, which shall be paid within 10 working days from date of invoice, net, free of costs and without any deductions, however, latest at the start time of the Training.
5. Cancellation
The Customer is allowed to nominate substitute participants before the start of the Training. For agreed, but not attended Trainings NettedAutomation shall invoice as follows: a written cancellation
up to 20 calendar days before the start of the Training is free of charge;
up to 10 calendar days before the start of the Training 50% of the price shall be paid;
in case of a shorter cancellation period or nonparticipation, the full price of the Training shall be paid.
Participation is only permitted once full payment has been received unless special conditions are negotiated.
6. Right for Modifications
NettedAutomation reserves the right to change the place and/or time of announced respectively agreed Trainings, to cancel the Training for objective and legitimate reasons (e.g. not enough / too many participants, illness of the trainer, national or international regulations, embargo, sanctions, force majeure or other obstacles not caused by or within the responsibility of NettedAutomation, e.g. events in connection with the spread of the “Coronavirus” or other infectious diseases/pandemics.), to hold a webinar or to exchange the trainer. In case of complete cancellation already paid amounts will be refunded. In case of changes of place and/or time the Customer shall be entitled to cancel the registration in writing within 3 calendar days after receipt of notification free of charge, otherwise participation shall be deemed to be agreed according to the amended conditions. The Customer waives its right to claim any futile expenses (e.g. travel or accommodation costs) or other claims for damages or reimbursement of expenses.
7. Safety Instructions
The Customer (participant) shall be obliged to strictly comply with the applicable safety and accident prevention rules as well as organization regulations and instructions, especially access regulations, valid at training premises.
If the Customer’s computers or systems (e.g., WLAN) are used during the Training, it is the Customer’s responsibility to take precautions against technical system risks.
8. Warranty, Liability
Technical information provided by NettedAutomation during the Training, in the training documentation as well as in other publications shall be provided by NettedAutomation in all consciences. NettedAutomation does not warrant that this information is always accurate. NettedAutomation shall be liable for damages within the scope of the German Product Liability Act (“Produkthaftungsgesetz”), for damages due to proven intent as well as for personal injuries within the limits of statutory provisions. Liability due to ordinary negligence is excluded in any case, liability due to gross negligence is limited to a maximum of the net amount of the price of the Training. In case of negligence the reimbursement of consequential damages, loss of production, indirect damages, pure economic damages, loss of savings or profit or interest, financing costs, loss of energy or information/data and damage resulting from third-party claims against the Customer is excluded, as is liability for the success of the Training. Further claims for damages, irrespectively of legal grounds, shall be excluded.
9. Copyright, Intellectual Property Rights, Secrecy
In connection with the fulfilment of the contract, the Customer doesn’t acquire any copyright or other rights of use, commercial property rights or legal positions like intellectual property rights. All documentation/publication provided by NettedAutomation constitutes the intellectual property or know-how of NettedAutomation and/or third parties. Participants are permitted to use the official training documentation provided by NettedAutomation for their own personal and internal professional purposes. Any further duplication, disclosure, or distribution to third parties is strictly prohibited. Software provided or used by NettedAutomation for purposes of the Training shall not be removed and shall not be copied totally or partially or used or utilized otherwise in a non-authorized way. Picture recording and/or audio recording during the Training shall be forbidden as well as any disclosure of any information to third parties, during or after the Training, which were made available in connection with the scope of services. The Customer shall be liable for any kind of infringement.
10. Other Provisions
The Customer as well as the participant acknowledge that certificates, acquired during a Training, are exclusively application-oriented confirmations of NettedAutomation. The requirement of written forms in the sense of these conditions is granted in any text form (letter, e-mail, fax, etc.), unless stricter formal requirements are required by law or agreement (e.g. authorized signature, signature on the original, notarial act, etc.). If individual provisions of these General Terms and Conditions for Training and/or the contracts concluded hereunder are or become ineffective and/or unenforceable in whole or in part, all other provisions shall remain unaffected and effective. An ineffective or unenforceable provision should be deemed to be replaced by the provision that comes closest to the intended content and purpose. The same shall apply according to gaps.
11. Place of Jurisdiction, Applicable Law
Place of jurisdiction for all disputes, arising out of or in connection with the Training shall be settled exclusively by the court in charge in Karlsruhe/Germany. NettedAutomation shall be entitled, on its own choice, to sue the Customer at any other court, which can be applicable according to national or international law. All legal transactions, especially contracts concluded under these General Terms and Conditions for Training, shall exclusively be subject to German Law. The conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG) are hereby expressly excluded.
NettedAutomation GmbH, Im Eichbäumle 108, 76139 Karlsruhe / Germany