Terms & Conditions
Purview
These general standard terms and conditions are valid for all the services and courses (day courses as well as online courses) provided or offered by proverba.de. Single regulations are valid according to their content, possibly just for parts of our services.
Services
Proverba.de commits itself to executing orders with the greatest care and to carrying them out considering all the requirements of persons with qualifications in business or commerce.
Offers
Offers of proverba.de are always without engagement. Orders are taken on by proverba.de with a written order confirmation by fax or e-mail according to these general standard terms and conditions. Additional oral agreements or special conditions agreed on by e-mail require a written confirmation by fax to become effective.
Application for training courses
We should have received your application 1 week before the training course starts at the latest. You can send the application by fax or e-mail. All the applications, including the ones sent by e-mail, enter into a binding agreement. Please send your application
· by fax +49 (241)
· by e-mail
to proverba.de, Pascal Tourniaire, Theaterstraße 41, 52062 Aachen, Germany.
On receipt of the application we will send a confirmation of receipt to the participant.
The number of participants is regularly limited. You can learn from the description of the training courses how many participants can attend our courses at maximum. In case that just the minimum number of participants for a training course is achieved, but not its maximum number of participants, we will be able to take on applications within a short period of time. The applications are considered in chronological order regarding their receipt.
Service
The scale and content of the training courses follow the prevailing description of each course as well as its authoritative syllabus. Agreements which were made previously insofar as that they change the scale of the contractual performance, require an explicitly written confirmation by proverba.de.
Fees for the training courses & maturity
The fees for the training courses follow their prevailing descriptions. Furthermore, the fees for the training courses are to be transferred to the account which is mentioned on the invoice sent to you. The participant receives an invoice for the total amount of the training course including VAT.
Certificate of participation
The participant receives a certificate for the participation in the training course.
Termination / Cancellation
You have the opportunity to terminate / cancel the participation in a training course at any time. The termination / cancellation is free of charge as long as proverba.de has received a concerning statement in writing 1 week before the training course starts at the latest. In the case of a later termination / cancellation, the entire price of the training course matures.
The termination requires a statement in writing (fax, e-mail). Cancelling by phone is not accepted. You have the opportunity to terminate / cancel an online training course until the log-in data have been sent to you.
Changes / Training courses which do not take place
proverba.de reserves the right to cancel a training course because of a too small number of participants or the prevailing trainer’s unforeseen inability to attend the course, respectively to have the prevailing trainer replaced by another equally matched. Furthermore proverba.de reserves the right to make slight changes concerning the (period of) time and the location at which the training course takes place. If the case should arise that it is necessary to cancel a training course, the fee for the course which you have already paid will be refunded. Further claims are excluded.
House rules
proverba.de is a guest in the course rooms as long as training courses do not take place in the course rooms of proverba.de (e.g. training courses on the customer’s premises, in hotels, conference centres etc.). The prevailing house rules are to be considered. In principle smoking is not permitted in the course rooms. Smoking outside the course rooms is just permitted at particularly acknowledged spots.
Liability and compensation for damages
The training courses are carried out with expert knowledge and the greatest possible care by proverba.de. A liability of proverba.de as well as its representatives is excluded for every kind of damage as far as the damages have not been caused deliberately or by gross negligence. The liability for gross negligence is limited to the maximum of the contribution for the prevailing training course. Complaints have to be asserted within the deadline (for payments) or 2 weeks after a service has been provided at the latest. Later complaints cannot be accepted.
Data protection
The personal data transmitted to proverba.de are electronically saved for the purpose of internal administration, planning and calculation of invoices until after the end of the training course. The data are not passed on to third parties. Every participant has the right to demand the deletion of the data after termination of the contract. The data are subject to the regulations of the Data Protection Act.
Copyright
If not explicitly indicated – proverba.de has the exclusive copyright to the course documents and participating transcripts used by proverba.de. The participants are not permitted to reproduce the course documents, to scan them into data processing media or to distribute them in any form completely or partly without a written consent by proverba.de.
Certain software which is used in training courses of proverba.de is protected by copyright. Copying this software or removing it from the course rooms in any way is not permitted. In case of damages (e.g. by computer viruses) proverba.de reserves claims for damages. In principle, data carriers brought by participants are not permitted to be connected to the computers ofproverba.de.
Registered trademark
proverba.de points out that the products, processes and other names included in the offered training courses can also include third parties’ more extensive patent rights which have to be considered.
Place of jurisdiction
The place of jurisdiction and performance for all the disputes which result from the contractual relationship is Aachen.
Further information
The general standard terms and conditions which are mentioned before are subject to all the offers and contracts of proverba.de; in special cases of permanent business relations to people with qualifications in business or commerce they are also valid for all the following business without repeated inclusion. Herewith, counter-confirmations pointed out by the participant with reference to own terms and conditions as well as to own conditions of purchase are contradicted.
Guarantee (online training courses, support)
Due to technical adaptations or similar circumstances proverba.de can change the time during which content of particular relevance is available on the internet at any time, concerning computer-aided learning within the scope of online training courses and / or support. A claim to permanent availability cannot be made. However, proverba.de will endeavour to keep up the availability of the online content and support as far as possible. proverba.de is only liable for damages or system failures or any other kind of inadequacy caused deliberately or by gross negligence. In case of gross negligence the liability is limited to the maximum of the contribution for the prevailing training course. proverba.de is not liable for consequential damages, lost profit or consequential harms caused by defects, unless this liability results from acting deliberately or from a lack of promised quality.
Technical conditions (online training courses, support)
The necessary technical conditions for participating or recovering online training courses or accordingly connected information are noted on the homepage of proverba.de, which is not responsible for the participant’s availability of appropriate technical conditions.
Right of use
For the purpose of learning, the participant is granted a simple right of use to online training courses. The participant is not entitled to save content which has to be learned, to reproduce it or to allow unauthorized third-parties access to it. Passing such content on, renting it out or any form of allowing access to it are prohibited, regardless of whether gratuitously or for a consideration. Downloading or simply printing out the information available in the form of PDF files for the purpose of safekeeping and learning is permitted. The participant will neither get the including property rights nor the including utilization rights. For the duration of an online training course the participant will receive an access authorization (password). This is both confidential and to be protected against improper use of third parties. proverba.de reserves blocking the password in case of having knowledge of improper use (e.g. handing over the password to an unauthorized third party). Content of particular relevance concerning computer-aided learning within the scope of online training courses is available to the participant for an entire period of 4 weeks since the date of the commencement of a training course respectively since sending out the log-in data.
Final provisions
The German law is the exclusively practicable law. The place of jurisdiction and performance is Aachen. If single or various regulations of these general standard terms and conditions have respectively become ineffective, thus the other regulations will remain unaffected. An ineffective regulation is to be replaced by an effective one, which comes closest to the ineffective regulation regarding economic efficiency and content.