General Terms and Conditions of Seibert Group GmbH

Our end user license agreements apply to the use of our apps: seibert.biz/product-eula

General Terms and Conditions for Licenses from the Atlassian Ecosystem of Seibert Solutions GmbH

§ 1 Validity of the contractual terms and conditions

• Unless otherwise agreed, these General Terms and Conditions of Offer apply exclusively to the procurement of software licenses if you are an entrepreneur (§ 14 BGB), a legal entity under public law, or a special fund under public law.
• Our contractual terms and conditions apply exclusively. Any deviating, conflicting, or supplementary general terms and conditions on your part will only be accepted and become part of the contract if we have expressly agreed to their validity. This requirement of consent applies in all cases, for example, even if you refer to your general terms and conditions in the context of the order and we do not expressly object to this.
• In case of doubt, individual agreements and information in our order confirmation take precedence over these terms and conditions.
• We reserve the right to modify these terms and conditions at any time.

§ 2 Contract conclusion

• Our offer is valid until the date indicated.
• You can accept the offer in whatever way is most convenient for you. If a declaration of intent by email is sufficient within the scope of your processes, simply send a short message referring to the offer number to the email address auftrag@seibert.group. Of course, you can also use the order form attached to the offer and send it completed to the above email address. Orders from your merchandise management system can also be sent to the above email address.
• For other types of deliveries and services (e.g., software operation and hosting, consulting, and training), you will receive separate offers from us for acceptance; these are not part of this offer.

§ 3 Software manufacturers‘ rights of use and ownership

• The subject matter of our offer is the provision of the software for a limited period agreed in the offer. The rights required for its contractual use are granted by the respective manufacturer in accordance with paragraph 3.
• Please note that with regard to the products brokered under this offer, a license agreement or cloud agreement will be concluded directly between you and the manufacturer, and we only act as a licensor or provider of cloud services for our own software products. With regard to the license agreements or cloud agreements that you conclude directly with the respective manufacturer, these agreements take precedence.
• The software products, rights of use for the software products, and the necessary storage space for data (cloud) are provided to you exclusively by the respective manufacturer. In this regard, only the license and usage terms of the respective manufacturers in their currently valid version, which can be viewed on the respective manufacturers‘ websites, apply. The respective manufacturer is solely responsible for the content of its license and usage terms. The current version of the terms of use of the manufacturer Atlassian can be found at https://www.atlassian.com/legal/atlassian-customer-agreement#intro
• Unless expressly agreed otherwise in individual contracts or in the license terms of the respective manufacturer, you are not permitted, either directly or indirectly, to copy, modify, adapt, create a derivative work from it, reverse engineer it, decompile it, translate it, disassemble it, or otherwise attempt to extract the source code of the software in whole or in part. Your rights under §69 d of the German Copyright Act (UrhG) remain unaffected.
• If you violate any of the above provisions, all rights of use granted by us shall immediately become invalid. In this case, you must immediately and completely cease using the software.
• All intellectual property rights to the software remain with the manufacturers.

§ 4 Billing and payment terms

• License fees are charged in US dollars and converted into euros at the current daily exchange rate when the offer is made. Our invoicing is based on this value. If exchange rate fluctuations between the date of the offer and the date of your order result in a deviation of more than 6%, the current daily euro value will be used for our invoicing. All prices are subject to the applicable sales tax. If your company is not based in Germany, no sales tax will be shown and the recipient of the service will be liable for tax.
• Following the purchase of the licenses, you will receive an invoice in accordance with German tax regulations, which you can pay within 14 days of receipt and review.

§ 5 Claims for defects

• Your warranty rights with regard to defects in the software, cloud availability, or other defects exist exclusively vis-à-vis the respective manufacturer in accordance with the manufacturer’s contractual terms and conditions specified in § 3 (1). As a sales agent, we are not liable for defects in software from the manufacturer Atlassian or third-party providers.
• The SLAs of the respective manufacturers apply with regard to availability. For the manufacturer Atlassian, this can be viewed at: https://www.atlassian.com/legal/sla.
• The following support services are available from the manufacturer Atlassian: https://confluence.atlassian.com/support/atlassian-support-offerings-193299636.html

§ 6 Liability

• We shall be liable without limitation for intent and gross negligence.
• We shall only be liable for simple negligence – except in cases of injury to life, limb, or health – if essential contractual obligations (cardinal obligations) have been breached. Liability is limited to the foreseeable damage typical for this type of contract, but not exceeding the amount of the net license fee for all licenses purchased through us over a period of 12 months prior to the claim arising.
• Liability for indirect and unforeseeable damages, loss of production and use, loss of profit, loss of savings, and financial losses due to third-party claims is excluded in cases of simple negligence, except in cases of injury to life, limb, or health.
• Any liability beyond that specified in this contract is excluded, regardless of the legal nature of the claim asserted. However, the above limitations and exclusions of liability do not apply to any mandatory statutory liability regardless of fault (e.g., under the Product Liability Act) or liability arising from a guarantee regardless of fault.
• Insofar as liability is excluded or limited in accordance with paragraphs 2 and 3, this also applies to the personal liability of our employees, workers, representatives, organs, and vicarious agents.

§ 7 Choice of Law and Place of Jurisdiction

• These contractual terms and conditions and the contractual relationship between us and the customer shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
• The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Wiesbaden, Germany.

General Terms and Conditions for Licenses from the Atlassian Ecosystem of Seibert Solutions Austria GmbH

§ 1 Validity of the contractual terms and conditions

• Unless otherwise agreed, these General Terms and Conditions of Sale apply exclusively to the procurement of software licenses if you are an entrepreneur (§ 1 UGB), a legal entity under public law, or a special fund under public law.
• Our contractual terms and conditions apply exclusively. Any deviating, conflicting, or supplementary general terms and conditions on your part will only be accepted and become part of the contract if we have expressly agreed to their validity. This requirement of consent applies in all cases, for example, even if you refer to your general terms and conditions in the context of the order and we do not expressly object to this.
• In case of doubt, individual agreements and information in our order confirmation take precedence over these terms and conditions.
• We reserve the right to modify these terms and conditions at any time.

§ 2 Contract conclusion

• Our offer is valid until the date indicated.
• You can accept the offer in whatever way is most convenient for you. If a declaration of intent by email is sufficient within the scope of your processes, simply send a short message referring to the offer number to the email address auftrag@seibert.group. Of course, you can also use the order form attached to the offer and send it completed to the above email address. Orders from your merchandise management system can also be sent to the above email address.
• For other types of deliveries and services (e.g., software operation and hosting, consulting, and training), you will receive separate offers from us for acceptance; these are not part of this offer.

§ 3 Software manufacturers‘ rights of use and ownership

• The subject matter of our offer is the provision of the software for a limited period agreed in the offer. The rights required for its contractual use are granted by the respective manufacturer in accordance with paragraph 3.
• Please note that with regard to the products brokered under this offer, a license agreement or cloud agreement will be concluded directly between you and the manufacturer, and we only act as a licensor or provider of cloud services for our own software products. With regard to the license agreements or cloud agreements that you conclude directly with the respective manufacturer, these agreements take precedence.
• The software products, rights of use for the software products, and the necessary storage space for data (cloud) are provided to you exclusively by the respective manufacturer. In this regard, only the license and usage terms of the respective manufacturers in their currently valid version, which can be viewed on the respective manufacturers‘ websites, apply. The respective manufacturer is solely responsible for the content of its license and usage terms. The current version of the terms of use of the manufacturer Atlassian can be found at https://www.atlassian.com/legal/atlassian-customer-agreement#intro
• Unless expressly agreed otherwise in individual contracts or in the license terms of the respective manufacturer, you are not permitted, either directly or indirectly, to copy, modify, adapt, create a derivative work from it, reverse engineer it, decompile it, translate it, disassemble it, or otherwise attempt to extract the source code of the software in whole or in part. Your rights under § 16 UrhG remain unaffected.
• If you violate any of the above provisions, all rights of use granted by us shall immediately become invalid. In this case, you must immediately and completely cease using the software.
• All intellectual property rights to the software remain with the manufacturers.

§ 4 Billing and payment terms

• The costs for licenses are charged in US dollars and converted into euros at the current daily rate when the offer is made. Our invoicing is based on this value. If exchange rate fluctuations between the date of the offer and the date of your order result in a deviation of more than 6%, the current daily euro value of our invoice will be used. All prices are subject to the applicable sales tax.
• Following the purchase of the licenses, you will receive an invoice in accordance with Austrian tax regulations, which you can pay within 14 days of receipt and review.

§ 5 Claims for defects

• Your warranty rights with regard to defects in the software, cloud availability, or other defects exist exclusively vis-à-vis the respective manufacturer in accordance with the manufacturer’s contractual terms and conditions specified in § 3 (1). As a sales agent, we are not liable for defects in software from the manufacturer Atlassian or third-party providers.
• The SLAs of the respective manufacturers apply with regard to availability. For the manufacturer Atlassian, this can be viewed at: https://www.atlassian.com/legal/sla.
• With regard to support from the manufacturer Atlassian, the following support services can be obtained from the manufacturer: https://confluence.atlassian.com/support/atlassian-support-offerings-193299636.html

§ 6 Liability

• We shall be liable without limitation for intent and gross negligence.
• We shall only be liable for simple negligence – except in cases of injury to life, limb, or health – if essential contractual obligations (cardinal obligations) have been breached. Liability is limited to the foreseeable damage typical for this type of contract, but not exceeding the amount of the net license fee for all licenses purchased through us over a period of 12 months prior to the claim arising.
• Liability for indirect and unforeseeable damages, loss of production and use, loss of profit, loss of savings, and financial losses due to third-party claims is excluded in cases of simple negligence, except in cases of injury to life, limb, or health.
• Any liability beyond that specified in this contract is excluded, regardless of the legal nature of the claim asserted. However, the above limitations and exclusions of liability do not apply to any mandatory statutory liability regardless of fault (e.g., under the Product Liability Act) or liability arising from a guarantee regardless of fault.
• Insofar as liability is excluded or limited in accordance with paragraphs 2 and 3, this also applies to the personal liability of our employees, workers, representatives, organs, and vicarious agents.

§ 7 Choice of law and Place of jurisdiction

• This contract is governed by Austrian substantive law, excluding the referral provisions of private international law and excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
• The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Graz, Austria.

General Terms and Conditions for the Purchase of Event Tickets from Seibert Group GmbH and its associated Companies

§ 1 Validity of the contractual terms and conditions

• These terms and conditions (hereinafter referred to as “Terms and Conditions”) apply to events organized by Seibert Group GmbH, Luisenstraße 37-39, 65185 Wiesbaden, Germany, registered in the commercial register of the Wiesbaden Local Court under HRB 11502, and/or its affiliated companies (hereinafter referred to as ‘we’ or “Seibert”).

  They govern the relationship between Seibert and ticket purchasers (hereinafter referred to as “you” or ‘customer’). The GTC are an integral part of the contract for the purchase of event tickets (hereinafter referred to as “tickets”).

  In addition and with priority, the special conditions of each event (cancellation, transferability) apply, which are regulated in the description of the event. In the event that the customer uses their own terms and conditions, these shall not become part of the contract unless we have agreed to them in writing in individual cases.

• When purchasing tickets online, the customer confirms their agreement by checking the box next to the text “I have read the terms and conditions and accept them.” Without consent to these terms and conditions, it is not possible to conclude a contract.

• The terms and conditions (including house rules) of the respective owner also apply at the respective event venue. These will be pointed out.

• The online events are conducted via the pretix platform. In this regard, the pretix terms and conditions (see:  https://pretix.eu/about/de/terms) and the privacy policy (see: https://pretix.eu/about/de/privacy).
• Notwithstanding section 1.4, the “Tools4AgileTeams” event will be held via the venueless platform. In this regard, the venueless terms and conditions (see: https://venueless.org/en/) and the privacy policy available at https://venueless.org/en/privacy-policy/ shall also apply.

§ 2 Conclusion of contract, ticket price and due date, no right of withdrawal

• Tickets can be purchased on the respective internet platform, e.g., for the “Tools4AgileTeams” event at https://www.tools4agileteams.com. The respective event tickets can be selected there and added to the virtual shopping cart. By clicking on the “Continue” button, you must enter your name, address, and email address, as well as, optionally, your company, internal reference, and the invoice recipient’s service recipient, as well as the respective participant.

• By clicking on the button that completes the electronic ordering process, the customer submits a binding order offer.

• Seibert may accept the customer’s offer within five days by sending the customer a booking confirmation in text form (e-mail), whereby receipt of the confirmation by the customer is decisive, or by delivering the ordered tickets to the customer or making them available for download. In this respect, receipt of the tickets by the customer is decisive, or by Seibert requesting payment from the customer after the customer has placed their order. If several of the above alternatives apply, the contract is concluded as soon as one of the alternatives occurs. The acceptance period for the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If Seibert does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

• When submitting an offer via Seibert’s online order form, the contract text is stored by Seibert after the contract is concluded and sent to the customer in text form (e.g., email) after the order is submitted. Seibert does not make the contract text available beyond this. If the customer has set up a user account on the booking platform before sending their order, the order data will be stored on Seibert’s website and can be accessed by the customer via their user account using the corresponding login details and the required password, free of charge.

• Before placing a binding order via Seibert’s online order form, the customer can identify any input errors based on the information displayed. If the information is not clearly legible, the customer can use the browser’s zoom function to enlarge the display on the screen for better recognition of input errors. The customer can correct the information displayed during the electronic ordering process until they click on the button to complete the order process.

• Order processing and contact are usually carried out by email and with the help of automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by Seibert can be received at this address. In particular, if spam filters are used, the customer must ensure that all emails sent by Seibert or third parties commissioned with order processing can be delivered.

• The customer can choose between credit card payment or bank transfer. When paying by bank transfer, the ticket price must be paid in advance, quoting a reference number sent separately by email. Tickets will only be issued to the customer after payment has been received. For credit card payments, a processing fee of EUR 0.25 plus 1.4% of the order total will be charged.

• When purchasing tickets, the contract for attending the Seibert event is always concluded between you as the customer and Seibert as the organizer. The ticket purchase price, including statutory VAT, is payable in full to Seibert as the organizer. The ticket purchase price is due for payment immediately after conclusion of the contract, unless a different payment term is specified during the ordering process.

• The tickets remain the sole property of Seibert until the ticket purchase price has been paid in full and do not entitle the holder to admission to the booked event until then.

• The contract for attending Seibert events is a contract for leisure events, in which customers who are consumers (§ 13 BGB) have no right of withdrawal. Customers, regardless of whether they are entrepreneurs or consumers, cannot therefore revoke their declaration of intent regarding the ordering of tickets for leisure events. Entrepreneurs (§ 14 BGB) are not entitled to a right of revocation by law anyway.

§ 3 Validity of tickets, return of tickets, ticket refunds in the event of cancellation or postponement of the event

• The tickets only entitle the persons specified at the time of purchase (name, email address, and company) to enter the booked event. Our privacy policy applies, which can also be viewed during the purchase process and must be accepted by the customer: https://seibert.group/en/data-privacy/.

• The tickets may be transferred by the original purchaser to third parties if the previous ticket holder—with the consent of the new purchaser—has previously provided us with the name, email address, and company of the purchaser in writing (email) and has informed the purchaser of the frequency of previous transfers (maximum twice since the initial purchase). In addition, the purchaser confirms to us in writing that they agree to these Terms and Conditions and our Privacy Policy. The period of time before the event and the frequency with which the original purchaser may transfer the tickets is specified in the special conditions for the respective event, which can be found on the respective event website.

  Only purchasers of tickets registered with us, i.e. the original purchaser or, if applicable, one of the two subordinate purchasers, are granted access if the requirements of sections 3.1 and 3.2 are met. We are entitled to inspect official identification documents upon entry to the event in order to verify eligibility for admission. Therefore, please carry an official identification document (ID card, passport, or driver’s license) with you when attending our event to prove your eligibility for admission.

• A claim for the return of tickets and reimbursement of the ticket purchase price generally only exists in the event of cancellation and/or postponement of events. In the event of postponement to an alternative date, the claim for reimbursement of the ticket purchase price must be made no later than 10 working days before the start of the first alternative date. Seibert will announce any cancellation or postponement of the respective event immediately on its website, the event website, and/or by email to participants. Announcements of speakers and topics are non-binding and may be changed by the organizer at any time.

• Your rights to withdraw from the contract or claim damages within the framework of the statutory provisions due to a breach of duty for which Seibert is responsible remain unaffected. Claims for reimbursement of expenses and/or damages shall be asserted in accordance with the liability rules set out in § 4.

§ 4 Liability

• Seibert shall be liable without limitation for all culpably caused damage to life, limb, and health within the scope of the contractual relationship. The same applies to all cases of mandatory statutory liability, in particular under the Product Liability Act, as well as in the event of the assumption of a guarantee.
• In the event of a breach of essential contractual obligations (so-called cardinal obligations) based solely on simple negligence and not covered by Section 4.1, Seibert’s liability shall be limited to compensation for foreseeable damage typical for this type of contract. Seibert’s cardinal obligations include those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely.
• Otherwise, Seibert shall only be liable for grossly negligent or intentional breaches of contractual obligations.
• Insofar as Seibert’s liability is excluded or limited in accordance with the above paragraphs, this also applies to the liability of its legal representatives and vicarious agents.

§ 5 Customer obligations when attending events

• Dangerous items such as pyrotechnic articles (e.g., torches, fireworks, or sparklers), weapons of any kind, and items that can be used as projectiles—especially bottles and cans—may not be brought to any event.
• Seibert reserves the right to deny access to the events to persons who violate the above paragraph or to exclude them from the event. In all other respects, the house rules of the owner of the event venue apply.
• Seibert expressly reserves the right to initiate 3G, 2G, or 2G+ measures (e.g., mandatory masks, advance testing, etc.) to protect all participants in the event of a corresponding development in coronavirus infection figures or a comparable pandemic situation.
• Seibert also reserves the right to deny access to the events or to exclude persons from the event in the event of a violation of any of these points. In all other respects, the house rules of the owner of the event venue apply.

§ 6 Force majeure

If the event in question does not take place or is postponed due to circumstances beyond the organizer’s control, such as force majeure and equivalent events, e.g., national mourning, weather conditions, pandemic, strike, or war, the organizer shall not be held responsible for any resulting losses or damages. In this case, the purchase price will not be refunded.

§ 7 Privacy policy

• The data transmitted to Seibert is stored on our servers. We use this data exclusively for the fulfillment of contractual obligations (Art. 6 (1b) GDPR), on the basis of your consent (Art. 6 (1a) GDPR) or on the basis of legal requirements (Art. 6 (1c) GDPR).
• When conducting seminars via the venueless platform https://venueless.org/de/, we will in some cases pass on the names and email addresses of participants to a third-party company, rami.io GmbH (see “Technical requirements”), so that they can send you the access data by email.
• If you have also provided us with your email address for advertising purposes, you can object to its use for advertising purposes at any time by sending an email to marketing@seibert.group. We process personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). For further details, please refer to our privacy policy at  https://seibert.group/en/data-privacy/

§ 8 Applicable law, place of jurisdiction

• If the customer is not a consumer, German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
• The place of performance and jurisdiction is Wiesbaden, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law.

§ 9 Final provisions

• At the time of concluding the contract, Seibert had not entered into any agreements or made any commitments, either verbally or in writing, other than these General Terms and Conditions.
• Should individual provisions of this contract be or become wholly or partially void or ineffective, this shall not affect the validity of the remaining provisions. Any general terms and conditions that are not included or are ineffective shall be replaced by statutory law (§ 306 (2) BGB). In all other respects, the parties shall replace the void or ineffective provision with an effective provision that comes as close as possible to it in economic terms, unless a supplementary interpretation of the contract takes precedence or is possible.

§ 10 Alternative dispute resolution

• The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
  This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
• Seibert is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

As of: April 2024

General Terms and Conditions of Seibert Solutions GmbH for Training Courses

A. General section

§ 1 Scope of application

• Seibert Solutions GmbH (hereinafter referred to as “Seibert”) provides the services agreed upon herein to companies, legal entities under public law, and special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB) as well as to consumers within the meaning of Section 13 BGB with regard to certification training courses (see B.). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
• These General Terms and Conditions apply exclusively. Conflicting or deviating terms and conditions of the customer shall not become part of the contract, even if Seibert does not object to their validity. The provision of services by Seibert does not constitute acceptance of the customer’s contractual terms and conditions.

§ 2 Definitions and explanations

• “Individual day training courses” refers to day training courses that take place over one or two full days (depending on the course) and cover a specific topic in detail. Long practice periods are an integral part of the day training courses. Seibert’s trainers also respond to individual requests and use cases and optimize the content of the day training courses to meet the needs of customers.
• “Module training courses” refers to training courses that take place exclusively online and are significantly shorter (usually with a total duration of 90 minutes) than one-day training courses. They do not include any practical exercises and follow a fixed agenda. Upon agreement, module training courses can be extended by 30 minutes to include practical exercises.
• “Concept workshop” refers to workshops lasting one or more days in which the Seibert trainer works with the customer to develop a training concept that the customer can use internally for their own training purposes in the future. The individual usage situation of the relevant software at the customer’s site and the respective target group for the training courses are discussed and taken as a basis.
• “Certification training courses” refers to one-day training courses on specific topics, which take place over one or two full days (depending on the course) on dates specified by Seibert. Interested parties can register (online) for the publicly announced dates to participate in the training courses. The training courses follow a fixed agenda; they include practice sessions for the practical application of the software and a final test to obtain a certificate (see B.).

§ 3 Contract conclusion

• The subject matter of this contract is the provision of training courses. The training courses are agreed in writing by means of an offer and acceptance. Registrations are binding. The contract for participation in the training course only comes into effect upon receipt of the registration confirmation by the customer. The training content is specified individually in the respective offers.
• The individual contractual agreements (offer/acceptance) made by the parties to these General Terms and Conditions shall take precedence.

§ 4 Services/contributions by the customer

• Seibert offers training services for imparting knowledge and skills relating to application software. The services to be provided by Seibert shall be performed in accordance with the current state of the art and by sufficiently qualified personnel.
• Seibert provides these services as face-to-face courses, online courses (remote), or hybrid courses (combination of face-to-face and online participation). The content of the contract is based exclusively on Seibert’s training description, in accordance with the course booked by the customer in the individual order.
• Training courses are generally held between 8:00 a.m. and 5:00 p.m. (CET).
• At the end of each course, Seibert offers participants a certificate of attendance, which is awarded solely for participation and not for performance assessment. The contents of the certificate of attendance are specified in detail for each course as required.
• If a course is held on Seibert’s premises, Seibert shall provide suitable rooms and the necessary technical equipment (electronic communication devices).
• Seibert is entitled to move face-to-face courses to a remote classroom if there are important reasons for doing so. In this case, the training course will be broadcast live. Seibert will announce such a change no later than seven days before the start of the course.
• If the training courses are held on the customer’s premises, the customer shall ensure that sufficient technical equipment is available. This includes the ability to transmit the trainer’s screen via a projector and the provision of an HDMI connection.
• If training courses are held remotely, participants must have access to a computer with an internet connection and use video tools (Zoom or Google Meet). Seibert recommends using a computer with a microphone and webcam to participate. In theory, it is possible to participate without a microphone or webcam, but this makes it more difficult to participate and ask questions. Seibert also recommends using a second screen so that participants can work in the exercise system at the same time, for example.
• Alternatively, training courses can be conducted using the customer’s preferred video tool. This requires that the trainer be able to share their screen and that the customer send a corresponding invitation to the meeting tool.
• Training environment: Training courses take place on a test system. Alternatively, Seibert can provide training on the customer’s system as part of one-day training courses, provided the customer grants access. For technical reasons, module training courses always take place on the test system.
• Participant numbers shall be agreed in writing as part of the contract.

§ 5 Compensation

• The price stated at the time of booking is decisive. The prices quoted (including cancellation fees) are net prices in EUR. Statutory value added tax is added to the net price.
• Seibert will issue the customer with an invoice for the training courses booked in accordance with German tax regulations. This will be sent to the customer by email to the email address provided or made available via the customer’s invoice portal.
• Payments are due upon receipt of the invoice and must be paid by the customer no later than fourteen (14) days after receipt of the invoice. To meet the deadline, the invoice amount must be credited to Seibert’s account.
• The customer may neither offset Seibert’s claims nor exercise a right of retention unless the customer bases the offset or retention on uncontested, legally established or ready for decision counterclaims. Furthermore, the customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
• Travel expenses incurred per trainer will be itemized individually upon conclusion of the contract.

§ 6 Rights to event materials

• All training, seminar, and lecture materials, (video) recordings, presentations, working materials, and documentation (hereinafter collectively referred to as “event materials”) are protected by copyright.

  
  
  
• Seibert grants the customer a simple, non-transferable right to use the event documents without any restrictions in terms of time or location. Seibert grants this right subject to full payment for the services.
• All other intellectual property rights remain with Seibert or the respective rights holders. The customer is not entitled to use the event documents in either physical or non-physical form; in particular, the customer is not permitted to copy, photograph, or otherwise use the event documents independently of the course purpose. The customer’s legal right to pass on to third parties physical copies of event documents provided to them by Seibert in their original form remains unaffected.
• The customer is obliged to retain all protective notices such as copyright notices and other legal reservations in the event documents unchanged.
• The provision of a video file at the customer’s request is carried out by recording the relevant training exclusively by Seibert.

§ 7 Cancellation/Replacement participants/Cancellation

• The customer may cancel their participation in a booked event at any time prior to its commencement. The cancellation must be made in writing (email is sufficient).
• Cancellation up to seven days before the start of the course is free of charge. If the customer cancels the training between the 1st and 6th calendar day before the start of the training, a flat-rate cancellation fee of 90% of the net price will be charged. The customer is free to prove that Seibert has incurred lower damages than the above flat rate due to the cancellation or non-participation; in this case, the lower amount shall be charged instead of the flat rate.
• The transfer of event participation to a substitute participant is possible at any time. However, the substitute participant must be named to Seibert in writing in advance.
• The transfer of event participation to another event date is only possible after prior consultation with Seibert.
• Agreed appointment blockers are valid for two weeks after the blocker has been agreed. After two weeks, the appointments will be allocated elsewhere.
• Seibert has the right to charge a cancellation fee of 10% of the intended training fee if discussions about the content of the training have already been held with the customer and a contract is not concluded or the customer cancels the training.

§ 8 Change of trainer

• Seibert employs carefully selected trainers with the necessary qualifications to provide the services. Seibert is entitled at any time to replace trainers employed to provide services with others with comparable qualifications and experience. If these trainers have been communicated to the customer by name, Seibert will inform the customer of the replacement.
• Seibert is entitled to perform its services through subcontractors.

§ 9 Cancellation of training courses

Seibert is entitled to cancel planned training courses if a training course cannot be held for reasons beyond Seibert’s control (e.g., illness of the trainer without a replacement trainer being available).

§ 10 Warranty rights

The customer’s rights in respect of defects shall be determined in accordance with the statutory provisions governing service contracts.

§ 11 Liability

• Seibert shall be liable in cases of intent, malice, or the assumption of a guarantee for the relevant quality of the service in accordance with the Product Liability Act, as well as for damages resulting from injury to life, limb, or health, in accordance with the statutory provisions.
• If Seibert is guilty of gross negligence, liability shall be limited to the foreseeable damage typical for this type of contract.
• In cases of simple negligence, Seibert shall only be liable, regardless of the legal basis, if a material contractual obligation has been breached, i.e., an obligation whose fulfillment is essential for the proper execution of the order and on whose fulfillment the customer regularly relies and may rely (e.g., the obligation to execute events in accordance with the contract). In this case, liability is limited to the foreseeable damage typical for this type of contract.
• Insofar as liability is limited to the foreseeable damage typical for this type of contract in accordance with paragraphs 2 and 3 above, Seibert assumes that three thousand (3,000) euros per claim is sufficient to cover the foreseeable damage typical for this type of contract in the event of a claim. If this amount is not sufficient to cover the foreseeable damage typical for this type of contract, the customer shall notify Seibert of this in writing so that the contracting parties can adjust the liability amounts accordingly and Seibert can cover the higher risk with appropriate liability insurance if necessary.
• The aforementioned limitations of liability also apply in favor of Seibert’s legal representatives and vicarious agents.
• These liability provisions in accordance with Section 11 shall apply mutatis mutandis if Seibert is required to reimburse expenses instead of paying damages.
• Any liability claims by the customer for damages or reimbursement of expenses beyond those expressly stated are excluded, regardless of the legal basis.

§ 12 Termination for good cause

• Both parties have the legal right to terminate this contract for good cause in accordance with § 314 BGB (German Civil Code).
• The right to terminate for good cause must be exercised in writing in accordance with Sections 126 and 126a of the German Civil Code (BGB) in order to be effective.

§ 13 Confidentiality

• Each party shall treat as confidential any information and documents (including trade secrets) received from the other party in connection with the performance of this agreement. Within its own company and affiliated companies (§§15 of the German Stock Corporation Act (AktG)), information and documents belonging to the other party may only be disclosed or made available to personnel who need the information and documents to fulfill this Agreement or an individual agreement concluded on the basis of this Agreement and who are themselves contractually bound to confidentiality. Neither party shall disclose information or documents belonging to the other party to third parties without the prior written consent of the other party. If such consent is given, the third party must be obliged in writing to maintain confidentiality in accordance with these provisions before the information is disclosed.
• Excluded from the confidentiality obligation pursuant to paragraph 1 above is information or documentation (i) that was demonstrably already known to the parties upon conclusion of the contract or subsequently becomes known to third parties without violating a confidentiality agreement, statutory provisions, or official orders; (ii) is publicly known at the time of conclusion of the contract or becomes publicly known thereafter, provided that this is not based on a breach of this contract; or (iii) must be disclosed due to legal obligations or by order of a court or authority.
• Each contracting party is obliged to surrender any documents it has received in connection with the execution of this contract to the other contracting party upon request, or to provide evidence that these documents have been destroyed. Confidential information that is automatically generated as part of routine data backup procedures by means of computer backups or archive copies, as well as confidential information that must be retained for evidentiary or verification purposes or to comply with statutory retention requirements, is exempt from the obligation to return or destroy such documents. In these cases, however, the archives or data backups may not be used to restore this confidential information; access to this information is only permitted on the basis of legal or official orders.

§ 14 Data privacy

• Seibert will comply with the applicable data protection laws.
• Seibert stores personal data in particular for the purpose of establishing contracts and providing services. If and to the extent that Seibert processes the customer’s personal data on behalf of the customer in the course of providing services, the parties shall conclude an agreement on the processing of data on behalf of the customer in accordance with Art. 28 GDPR before processing begins.

§ 15 Listing as a reference customer

Seibert may name the customer as a reference customer in advertising and tenders, provided that the customer is an entrepreneur. To this end, the customer grants Seibert the right to name the customer as a reference customer using its company name and, if applicable, company logo. For this purpose, the customer grants Seibert the necessary rights of use to any trademark rights. The above consent may be revoked for good cause by email to training@seibert.group; Seibert’s legitimate interests must be taken into account in this regard.

§ 16 Out-of-court dispute resolution

• For the out-of-court settlement of consumer disputes, the European Union provides an online platform (“ODR platform”) at www.ec.europa.eu/consumers/odr.
• Seibert is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 17 Final Provisions

• The exclusive place of jurisdiction for all disputes between the parties arising from or in connection with this contract or individual contracts concluded between the parties or concerning their validity is Wiesbaden, provided that the customer is an entrepreneur. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
• Should individual provisions of this contract or of contracts concluded on the basis thereof be or become invalid, this shall not affect the validity of the remaining provisions. Any invalid provision shall be replaced by a provision that corresponds to or at least approximates the purpose of the agreement, as the contracting parties would have agreed to achieve the same economic result if they had been aware of the invalidity of the provision. The same applies to omissions.

B. Special conditions for certification training courses

The terms and conditions of the General Section (Chapter A) also apply to certification training courses. In addition, the following special terms and conditions apply, which apply exclusively to certification training courses (for definition, see Chapter A, Section 2, Paragraph 4). Insofar as these special provisions deviate from Chapter A, the provisions for certification training courses in this chapter take precedence.

§ 1 Contract conclusion

• Unless agreed in writing by means of an offer and acceptance, the training courses are offered online via the website https://seibert.group/en/atlassian/trainings/zertifizierungsschulungen/. Registrations are binding. The contract for participation in the training course only comes into effect upon receipt of the registration confirmation by the customer or participant.
• The training content is determined by Seibert.

§ 2 Certificate

If Seibert offers participants the opportunity to obtain a certificate at the end of the respective course, participation in this is voluntary. Test results are reviewed and evaluated by Seibert. Certificates are awarded after successful performance assessment. The contents of the certificates are regulated in detail for the respective courses as required.

§ 3 Cancellation/replacement participants

• If the customer cancels the training course between 14 calendar days and 2 calendar days before the scheduled training date, 50% of the booking price will be charged. If the cancellation is made on the day of the training course or the day before, the full booking price will be charged.

§ 4 Cancellation of training courses

In the event of a training cancellation by Seibert, the customer will be refunded their participation fee. However, the customer can only claim damages or reimbursement of expenses if and to the extent that the conditions set out in Chapter A, Section 11 are met. Any travel expenses incurred by the customer are not refundable.

§ 5 Consumer right of withdrawal

• A customer who concludes a contract as a consumer may be entitled to a right of withdrawal in accordance with the statutory conditions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
• Seibert grants consumers who are permanently resident outside Germany a consumer right of withdrawal in accordance with German requirements and legal consequences, even if the consumer’s national law does not provide for a right of withdrawal or links the withdrawal to a shorter period or a stricter form than under German law.
• The details are set out in the following cancellation policy.

§ 6 Liability

The limitations of liability set out in Section A, Clause 11 do not apply to consumers.

As of: December 2024