General Terms and Conditions for Training Services of The Arc
(version of 28.02.2020)
- Subject matter, conclusion of the contract
1.1 These general terms and conditions of business apply for all training, coaching or other services and events delivered by The Arc.
1.2 Only these general terms and conditions of business apply. Terms and conditions of business of those receiving training, coaching or other services or taking part in an event (subsequently referred to as participant) do not apply, even if not explicitly stated by The Arc. The terms and conditions presented in this document also apply if The Arc knowingly renders services due that are in conflict with the participant’s terms and conditions of business.
1.3 Participants must register in advance to take part in The Arc. Registration consists of filling out a form, either by hand or online, that is provided by The Arc. Registration also includes selecting the event/service the participant intends to attend.
- Conducting training
2.1 The Arc is responsible for conducting training or for contracting a third party to conduct training and is free to choose any consultant for such purposes. The Arc is entitled to transfer the duties of the contract to a third party to perform and to change the contents of training sessions as long as the objective of the training is not compromised. The Arc may cancel training, change the date or time of training or designate the training location with advance notice.
2.2 The Arc will make every effort to provide the participant with all important knowledge during training sessions, as per the training plan and the current training documents.
2.3 The Arc will conduct training on a designated venue during the dates specified by The Arc.
2.4 Unless otherwise stated participants are responsible for incidental expenses (travel, accommodation, additional meals, etc.).
- Compensation and terms of payment
4.1 Costs covered by the participant will be specified in writing in the ticket or the contract and will include additional sales tax as required by law. If the parties do not specify the amount of compensation, the The Arc price list in effect at the time of conclusion of the contract will apply.
4.2 All fees are due upon receipt of an invoice and must be paid in full within 21 days unless otherwise agreed in written form. Sales tax as required by law will be included in all prices and indicated on the invoice.
4.3 If payment is not made on time, The Arc will not reserve a slot for the participant. After expiration of the payment deadline no slot can be guaranteed.
- Termination by The Arc
5.1 The Arc is entitled to terminate this contract if excess or insufficient registration cannot guarantee proper or economically feasible training or requires cancellation of an event. The Arc is also entitled to terminate the contract due to instructor illness, technical reasons, or other reasons beyond The Arc’s control.
5.2 Before exercising this right to termination, The Arc will make every effort to reschedule training or certification examination, with the participant’s consent. In case of rescheduling, the contract will remain in effect and will be amended with the consent of both parties. If the parties cannot agree on the amendment to the contract, the contract will be terminated. Any fees paid by the customer cannot be reimbursed. The customer will be offered to join an alternative edition of the training or the an event by The Arc.
5.3 Special cancellation rules apply to coaching sessions.
- Termination by the participant
6.1 If the participant is unable to attend, the participant is entitled to designate another person that fits the target group of the event to participate in the training before the event begins. The participant’s nominee will need to be accepted by The Arc, but the participant will incur no additional costs. If no replacement can be found any fees invoiced cannot be reimbursed.
6.2 The participant is entitled to terminate the contract via written notice at any time.
6.3 The participant must not pay any fees if The Arc receives notice of termination four months before the agreed starting time of the event. After that refund fees are as follows: 40% refund with notification between four to two months prior to the starting time of the event. No refund with notification two months or less before the starting time of the event.
6.4 Rights to further claims are reserved by The Arc. This especially concerns cancellation costs for travel already booked to the customer’s premises or to any other agreed-upon location.
- Right to training documents and content
7.1 All training documents are intended for the exclusive personal use of the participant.
7.2 The participant recognizes The Arc’s copyright and therefore the exclusive distribution rights and right of use of training documents and content. All embedded knowledge and teaching systems provided by The Arc to the participant on data storage media or made available on electronic networks are considered training documents.
7.5 The Arc will prepare and when necessary install training and certification software before training sessions and un-install the software following completion of training, if training takes place on the participant’s premises and the participant does not have his/her own license for the training software. The participant must support The Arc as much as possible during such measures. The participant must ensure that no third party has access to the installed software and that the software is not retained in any form.
7.6 In addition, the participant recognizes all of The Arc’s brand, trademark and name rights to related documents. The participant may not remove, modify, or render unrecognizable copyright indications or indications of property rights.
7.7 The participant may not conduct any internal or external training or certification exams on The Arc products.
9.1 The Arc is only liable to the participant, regardless of legal grounds, for willful misconduct or gross negligence on the part of The Arc itself or its employees.
9.2 The Arc is only liable for slight negligence if provisions of the contract, which have a particular importance for achieving the purpose of the contract and can therefore be considered to be fulfilled, are violated. In this case, liability for damages not specified in the contract is excluded. Liability is limited to the amount specified in The Arc’s liability insurance for one single case of damage.
9.3 Contractual claims for damages by the participant against The Arc are subject to a limitation period of six months from the date on which the right arose, notwithstanding shorter legal limitation periods.
10.1 The participant must obtain prior written permission from The Arc to transfer all rights stipulated in the contract.
10.2 The law of the Federal Republic of Germany, excluding the UN sales law, applies for all claims arising from the contract.
10.3 Changes and supplements to these terms and particularly warranties and agreements must be specified in writing to serve as point in controversy. Oral agreements are not valid.
10.4 Berlin, Germany, is the place of jurisdiction for all disputes arising from the contract.