General Terms and Conditions

1. 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.
2. 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

1. “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.
2. “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.
3. “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.
4. “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

1. 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.
2. 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

1. 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.
2. 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.
3. Training courses are generally held between 8:00 a.m. and 5:00 p.m. (CET).
4. 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.
5. If a course is held on Seibert’s premises, Seibert shall provide suitable rooms and the necessary technical equipment (electronic communication devices).
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Participant numbers shall be agreed in writing as part of the contract.

§ 5 Compensation

1. 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.
2. 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.
3. 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.
4. 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.
5. Travel expenses incurred per trainer will be itemized individually upon conclusion of the contract.

§ 6 Rights to event materials

1. All training, seminar, and lecture materials, (video) recordings, presentations, working materials, and documentation (hereinafter collectively referred to as “event materials”) are protected by copyright.
   
   
2. 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.
3. 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.
4. The customer is obliged to retain all protective notices such as copyright notices and other legal reservations in the event documents unchanged.
5. 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

1. 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).
2. 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.
3. 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.
4. The transfer of event participation to another event date is only possible after prior consultation with Seibert.
5. Agreed appointment blockers are valid for two weeks after the blocker has been agreed. After two weeks, the appointments will be allocated elsewhere.
6. 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

1. 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.
2. 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

1. 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.
2. If Seibert is guilty of gross negligence, liability shall be limited to the foreseeable damage typical for this type of contract.
3. 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.
4. 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.
5. The aforementioned limitations of liability also apply in favor of Seibert’s legal representatives and vicarious agents.
6. These liability provisions in accordance with Section 11 shall apply mutatis mutandis if Seibert is required to reimburse expenses instead of paying damages.
7. 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

1. Both parties have the legal right to terminate this contract for good cause in accordance with § 314 BGB (German Civil Code).
2. 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

1. 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.
2. 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.
3. 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

1. Seibert will comply with the applicable data protection laws.
2. 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

1. 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.
2. Seibert is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 17 Final Provisions

1. 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).
2. 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.