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General Terms and Conditions for Public Seminars

1 Protective clause and conclusion of the contract

1.1   The following terms and conditions are valid for all public seminars of oose Innovative Informatik eG.

1.2   The contract terms for attending and organising seminars shall be based solely on the terms and conditions for public seminars of oose Innovative Informatik eG. This even applies if the customer is working on the basis of its own General Terms and Conditions. The terms and conditions of both Parties shall apply in as far as they are identical; if they differ the statutory provisions shall apply instead of the differing terms. If only one Party has covered a certain subject in their Terms and Conditions, this provision shall be incorporated into the contract.

1.3   Registrations must be in writing or in text form. You will promptly receive a confirmation of registration in text form (Section 126a of the German Civil Code (BGB)) or in writing.  You will not be entitled to attend the seminar without a written confirmation of registration. The confirmation email that we send out immediately after the receipt of the registration merely serves to inform you that you have registered for a certain seminar and does not represent an acceptance of your offer. Before acceptance we first have to check whether a sufficient number of places is still available.

1.4   Registrations will be considered in the sequence in which they are received; the possible number of participants is limited for each seminar.

2 Cancellations

2.1    Cancellation is possible up to 14 days before the start of the seminar in return for a processing fee of EUR 50.00. If you claim an early booking discount or any other discounts of 15 per cent and more you may cancel up to 90 days before the seminar at no charge. After that you have to supply a replacement or pay the full fee. If a participant who has registered for a seminar does not turn up or only attends sporadically, the full fee must nevertheless be paid.

3 Guaranteed date

3.1    If a guaranteed date is mentioned on the confirmation of registration, you have immediate planning certainty. The guaranteed date does not apply if the seminar has to be cancelled due to circumstances beyond our control, particularly force majeure (including confirmed illness of the coach, breakdown of the heating, strikes, natural disasters etc.)

4 Minimum number of participants

4.1    If an insufficient number of binding registrations has been received for seminars without a guaranteed date up to 14 days before the beginning of the seminar (the minimum number of participants is usually 7), the seminar may not take place.

4.2    The seminar may be cancelled for organisational reasons or due to illness on the part of the instructor. Any seminar fees that you have already paid will be reimbursed. You shall have no further claims.

5 Seminar fees

5.1    Unless otherwise stated, the seminar costs for public seminars (i.e. seminars that may be booked by anyone)
are always quoted per participant.

5.2    The seminar fees are due for payment immediately after receiving the invoice.

5.3    The billing address must be specified when registering. In the event of a correction after invoicing, a processing fee of EUR 60.00 will be charged.

6 Scope of the services

6.1    The scope of the services is shown in the description of the services offered by the seminar. Travelling expenses and the costs of accommodation are not included in the seminar fees.

7 Repeaters

7.1    The following restrictions apply to the opportunity to repeat particular seminars free of charge: Only participants who made normal payment and claimed a maximum of 25% discount can make use of the opportunity to repeat. The opportunity to repeat is limited to 24 months from the date of payment of the invoice. The opportunity to repeat is linked to the individual; it cannot be transferred and only applies to precisely this seminar. There is no claim to repetition if this seminar is no longer offered during the repetition period. Registration for repetition can occur at the earliest one month before seminar beginning and is regarded as binding, i.e. in the event of cancellation, the repetition opportunity is regarded as exhausted. Participants who repeat a seminar free of charge do not receive any new seminar documents or books and must pay for their own lunch. The then valid test fees per participant must be paid for the repetition of tests offered by external bodies, e.g. the UML certification test, for each case of repetition.

8 Discounts

8.1    Early booking discount: If you make a firm booking 90 days in advance, you will be granted a 15% discount (no cancellation option). This discount is restricted to four participants; the sequence of registrations received applies. This discount may not be combined with other discounts.

8.2    Colleague discount: If you register for a concurrent seminar that your colleague has already registered for, we will grant you a discount of 20% per cent. This discount may not be combined with other discounts. The first person to register may use other discounts if the preconditions have been met.

8.3    Private customer discount: Participants who pay privately for the seminar (i.e. the invoice recipient is a private individual) will receive a 25% discount if spaces are still free. The private customer discount may not be combined with other discounts. If a participant is unable to attend, a replacement may be designated.

9 Copyright

We reserve all rights, including rights to the translation and the reprint and duplication of the training documents, or any parts of them, if they are protected by copyright. No part of the training documents may be used for commercial purposes without the written permission of oose Innovative Informatik eG and may, in particular, not be duplicated, disseminated or made available to others via public networks.

10 Liability

We shall be liable only once for damage that we have caused, with damages being limited to the type of risk typical for the contract at the time at the time of its conclusion. All further liability is excluded. This limitation of liability does not include damage to life, limb and/or health and/or breaches of guarantees, nor damage caused intentionally or fraudulently. Nor does this affect claims under the Product Liability Act. oose Innovative Informatik eG is not liable for the seminars of third-party coaches and organisers in whose name oose Innovative Informatik eG manages the registrations and issues the invoices.

11 Miscellaneous

oose Innovative Informatik eG has the right to mention the participant’s company in its list of customers. If any provision of this contract or any supplementary agreement should be or become invalid, this shall not affect
the validity of the remainder of this contract and the supplementary agreements. The Parties agree that all legal relations resulting from this contractual relationship shall be governed by the law of the Federal Republic of Germany. If the customer is a businessperson (Kaufmann) within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or the custodian of a special public sector fund, it is agreed that the sole venue for all disputes arising within the framework of this contractual relationship shall be
Hamburg.

12 eLearning

12.1  If required, the GTC for eLearning apply.

13 Data protection

13.1  With regard to compliance with data regulations, our data protection declaration applies, which can be
viewed and accessed on our website (www.oose.com/privacy)

Valid from 18.05.2020, oose Innovative Informatik eG, Schulterblatt 36, 20357 Hamburg

Supplement eLearning to the General terms and conditions for open seminars and to the General terms and conditions for customer seminars, coaching and project work

1 Definition

eLearning units are learning units where the contractor receives the learning units via electronic media such as internet-based learning platforms. eLearning units can be synchronous (e.g., as a live webinar) and asynchronous (e.g., as self-study). oose provides its customers with asynchronous and synchronous eLearning units. The learning units consist of texts, graphics, audio, and video, which the customer can obtain via the Internet. Some of the service content cannot be used permanently, but only for the duration of the course.

2 Changes to the course units

oose is entitled to change the course units (content, structure, and layout of the learning units, etc.) if and insofar as this does not affect the fulfillment of the purpose of the training contract concluded with the customer. Unless the customer has been bindingly promised the fulfillment of specific content or the fulfillment by means of a specific learning material upon entering into the agreement. The customer shall be notified by oose of any such changes.

3 Usage Instruction

oose provides the customer with instructions for use. The customer is obliged to follow the instructions given there regarding access to the course unit.
Die in der Benutzungsanweisung genannten Pflichten des Kunden sind Hauptleistungspflichten. Sofern der Kunde diese Pflichten nicht vertragsgemäß erfüllt, kann der Kunde möglicherweise die Leistung von oose nicht in Anspruch nehmen. Deshalb hat der Kunde die definierten technischen Anforderungen zu beachten, um einen ungestörten Zugriff auf die eLearning-Einheiten und einen Download der Inhalte zu ermöglichen. Der Kunde ist für die Beschaffung und die Unterhaltung der von ihm benötigten Hardware, Standardsoftware und Anschlüsse an öffentliche Telekommunikationsnetze verpflichtet.

4 Accessibility

The customer is advised that oose cannot be held liable for all risks associated with any time and ubiquitous accessibility over the Internet, because oose does not transmit data over the Internet itself, nor does oose select those persons who will provide the transmission. oose is therefore only liable for ensuring that the services to be provided by oose are properly available for retrieval at the transfer point of its data center, but not for ensuring that the data can be retrieved anytime and anywhere. Therefore, oose is not responsible for the functionality and performance of the user’s transmission system and is not responsible for the performance of transmission systems of third parties who, due to the specific characteristics of the Internet, are involved in the transmission of the data but were not selected by oose and whose behavior cannot be influenced by oose.
The service contract law governs the regulations for retrieval (sic. the retrieval of the learning content and data of the customer at his residence or registered office). A warranty is therefore not assumed.
For the internal availability, i.e., the retrievability of the program and the customer’s data at the transfer point of the computer center, the following regulations apply:
Termination of the customer pursuant to § 543 para. 2 sentence 1 no. 1 BGB (German Civil Code) due to failure to grant the contractual use is only permissible if oose has been given sufficient opportunity to remedy the defect and this has failed. Failure to remedy defects shall only be assumed if such remedy is impossible, if it is refused or unreasonably delayed to oose, if there is reasonable doubt as to the prospects of success, or if it is unreasonable for the customer for other reasons.
The availability of the learning content at the transfer point (internal availability) is based on the service description. The term „internal availability“ also describes the fact that the software is not available at the transfer point from time to time for reasons of compliance with the maintenance and care of the system environment.
In accordance with the foregoing, oose is obligated to ensure the proper transmission of data to the Internet and the customer. oose is not responsible for the accessibility of certain target networks.

5 Registration

The use of the eLearning units may require registration. The customer is obliged to provide the data requested during registration correctly and completely. If the customer has an access ID and password to a learning environment or learning unit, he must keep these protected from access by third parties.

6 Infrastructure of the customer

The cost of setting up the online connection and maintaining it on the customer side is borne by the customer. oose is not liable for the security and continuity of data communications that are conducted over third party communication networks. oose is also not liable for disruptions in data transmission caused by technical errors or configuration problems on the customer side.
The customer is responsible for the hardware and software used by him and for the communication channels he uses. A failure of the hardware and software used by him shall not release him from the obligation to pay the fee.

7 Copyright

The eLearning units are – unless otherwise noted – protected by copyright. The customer may retrieve, store, and reproduce the contents only for his own use. If the customer is allowed to save individual units on his computer – these contents are marked individually – the customer receives a right of use without a time limit. The units made available to him via streaming may not be stored permanently. The customer only receives a right of use for this content that is limited to the duration of the contract.

8 Customer results

The customer grants oose the simple, temporally, and spatially unrestricted rights of use to reproduce, edit, distribute or make available to others via internal or external networks for retrieval of the service content created by the customer. The customer is expressly advised that this transfer of rights only takes place so that the quality of the training courses can be improved and that the services provided by the respective customer are used naturally and strictly anonymously in such a way that it is impossible to draw conclusions about individual persons.

9 Customer data

oose may collect data on the following service-related transactions: Exercise work, times of use, personal data identifying the customer and invoice data. oose will collect and use this data in accordance with the principles of data protection law.

10 Encryption

oose is entitled to encrypt all content made available for download to prevent unauthorized use. The customer is not entitled to remove these encodings. oose is entitled to further develop the encoding technology according to the state of technical development and within the scope of legal admissibility.

11 Insufficient delivery

If the information provided to the customer by oose is found to be inaccurate or not in accordance with the agreements, oose will provide the customer with accurate and updated information. If the replacement delivery fails, the customer has the right to cancel or reduce the compensation paid for the information retrieval.

12 Liability

oose is not liable for the existence, suitability and accuracy of the public transmission lines, software and the customer’s own data communication devices used by the customer.

13 Dealing with errors

The customer is not entitled to correct errors himself and to demand reimbursement of the necessary expenses.

14 End of contract

After termination of the contract, the customer’s access will be blocked.