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Supplementary Terms and Conditions for Training Courses of Seibert Solutions GmbH

§ 1 Relationship to the GTC, Scope of Application and Order of Precedence
  1. These Supplementary Terms and Conditions apply to training courses and trainings (hereinafter “Training Courses”) of Seibert Solutions GmbH in addition to our General Terms and Conditions (hereinafter “GTC”). The General Section (Section I) and the Special Provisions for Services (Section II) of the GTC apply in addition; if the customer is a consumer (§ 13 BGB), the Special Terms for Consumers (Annex V of the GTC) additionally apply.
  2. Our training services are directed at entrepreneurs (§ 14 BGB), legal entities under public law and special funds under public law, as well as – with regard to certification training courses (§ 8) – at consumers (§ 13 BGB).
  3. The following order of precedence applies: priority is given to (1.) individual agreements in the offer or in the respective statement of work (SOW), then (2.) these Supplementary Terms and Conditions, and finally (3.) the GTC. For consumers, mandatory consumer protection law takes precedence.

§ 2 Training Formats
  1. “Individual day training courses” are full-day training courses (one to two days) on a specific topic with extensive practice time; the content is tailored to the customer’s needs.
  2. “Module training courses” take place exclusively online, are shorter (usually 90 minutes), and follow a fixed agenda generally without practical exercises; by agreement, they can be extended by 30 minutes of practice time.
  3. “Concept workshops” are one-day or multi-day workshops in which a training concept for the customer’s future internal training use is developed together with the customer.
  4. “Certification training courses” are full-day training courses (one to two days) held on fixed, publicly announced dates for which interested parties can register online; they follow a fixed agenda and include a final test for obtaining a certificate (§ 8).

§ 3 Delivery
  1. Seibert offers participants a certificate of attendance at the end of the respective course, confirming participation only and not any performance assessment.
  2. Seibert is entitled to move face-to-face courses to a remote classroom if there are important reasons for doing so, and to broadcast them live. Seibert will announce such a change no later than seven days before the start of the course.

§ 4 Training Materials and Rights of Use
  1. All course, training, seminar, and lecture materials, (video) recordings, presentations, working materials, and documentation (hereinafter “Training Materials”) are protected by copyright and remain – including as pre-existing know-how within the meaning of § 17(3) of the GTC – with Seibert or the respective rights holders.
  2. Seibert grants the customer a simple, non-transferable right, unlimited in time and place, to use the Training Materials for its own purposes. This grant of rights is subject to payment in full.
  3. The customer is not entitled to exploit the Training Materials, physically or non-physically, beyond the purpose of the course, in particular not to copy or photograph them, or make them available to third parties. The customer’s statutory right to pass on to third parties physical original copies provided to it remains unaffected.
  4. The customer is obliged to retain all protective notices in the Training Materials unchanged, in particular copyright notices.
  5. A video recording of a training course is made exclusively by Seibert and will only be provided to the customer upon request.

§ 5 Cancellation, Rebooking, Substitute Participants and Default Fee
  1. The customer may cancel its participation in a booked training course at any time before its start, in text form (email is sufficient).
  2. Cancellation up to seven days before the start of the course is free of charge. In the case of cancellation between the 6th and the 1st calendar day before the start of the course, a flat-rate cancellation fee of 90% of the net price becomes due. The customer reserves the right to prove that Seibert incurred no damage, or a substantially lower damage; in that case, the lower amount is decisive.
  3. Transfer of participation to a substitute participant is possible at any time; the substitute participant must be notified to Seibert in advance, in text form.
  4. A rebooking to another date is only possible after prior consultation with Seibert.
  5. Agreed date blockers are valid for two weeks from the date they are agreed; after that, the dates may be allocated elsewhere.
  6. If discussions on the substantive design of a training course have already taken place and no contract is concluded, or the customer cancels, we are entitled to charge a default fee of 10% of the intended training price.
  7. Deviating cancellation provisions for certification training courses are set out in § 8.

§ 6 Cancellation by Seibert
  1. Seibert is entitled to cancel planned training courses if the training course cannot be held for a reason for which Seibert is not responsible (e.g., illness of the trainer without an available replacement). § 7 of the GTC (force majeure) remains unaffected.
  2. In the event of a cancellation by Seibert, we will refund any participation fee already paid. Further claims for damages or reimbursement of expenses exist only in accordance with § 6 of the GTC; any travel expenses incurred by the customer are not refundable.

§ 7 Liability for Training Courses

In addition to § 6 of the GTC, the following applies: to the extent that our liability under § 6(2) of the GTC is limited in amount to the foreseeable damage typical for this type of contract, the parties assume, for training courses, that 3,000 euros per claim is sufficient for this purpose. If the customer considers this amount insufficient, the customer will notify Seibert of this in text form before the contract is concluded, so that the liability amount can be adjusted and the higher risk can, where applicable, be covered by corresponding insurance.


§ 8 Special Provisions for Certification Training Courses
  1. Conclusion of contract. Unless agreed by offer and acceptance, certification training courses are offered online via solutions.seibert.group/trainings/zertifizierung. Registrations are binding; the contract is concluded upon receipt of the registration confirmation by the participant. The training content is determined by Seibert.
  2. Certificate. If Seibert offers the opportunity to obtain a certificate, participation in the final test is voluntary. Seibert reviews and evaluates the test results; certificates are awarded upon successful completion of the performance assessment.
  3. Cancellation. In the case of cancellation from 14 to 2 calendar days before the training date, 50% of the booking price is charged; in the case of cancellation on the day before or on the day of the training, the full booking price becomes due. Vis-à-vis consumers, the right to prove lower or no damage remains reserved (§ 309 no. 5 BGB).
  4. Right of withdrawal. Consumers have a statutory right of withdrawal in accordance with Annex V of the GTC; the consumer provisions set out therein otherwise apply.
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