MicroConsult Microelectronics Consulting & Training GmbH, hereafter referred to as MicroConsult GmbH, provides service exclusively according to the following Terms and Conditions.
Any other terms of business by the customer do not apply.
Scope
The following terms apply for the services of MicroConsult GmbH, especially seminars, consulting and coaching activities as well as similar services, unless otherwise specified in the order acknowledgement or in a written agreement with the customer.
Quotation and Conclusion of the Contract
The quotations submitted by MicroConsult GmbH are directed to commercial consumers and authorities only and subject to confirmation. A contract does thus not come into being until MicroConsult GmbH confirms the order in writing or supplies the service.
Any additions or modifications to the quotation and subsidiary agreements at the time of contract conclusion must be made in writing.
Information, Reservation and Booking of Seminars
Information on the seminar booking status can be obtained from the MicroConsult GmbH service office.
Seminar reservations can be made at any time and will be kept open up to a maximum of two weeks before the seminar starts. Should MicroConsult GmbH not have received a firm booking for the place by that time, it reserves the right to allocate this place to another applicant.
Binding bookings for seminars can be submitted in writing by letter or fax. A registration form is available for download on the MicroConsult web page. MicroConsult GmbH will confirm every registration in writing which becomes binding for both parties by that time at the latest.
Prices
The seminar booking prices listed in the current MicroConsult GmbH seminar catalogue apply. The latest catalogue can be ordered at the MicroConsult GmbH service office. All prices are exclusive of any applicable taxes. The current prices can also be seen on the MicroConsult GmbH web page.
Seminar prices include seminar documentation as well as the required use of technical equipment and systems in the MicroConsult GmbH seminar rooms. Seminars at MicroConsult GmbH also include lunch.
Terms of Payment
Invoices are due upon receipt.
Seminar fees are to be paid in full before the seminar starts. Participants who have failed to settle their invoice before the seminar starts may pay the due amount in cash on the first seminar day. However, MicroConsult GmbH reserves the right to exclude participants from the seminar in case the seminar fee has not been paid before the seminar starts.
Fees for consulting, coaching or similar services will be invoiced either in advance, or while the services are supplied, or after termination, depending on the respective agreement.
Prepaid services have to be accessed during the agreed contract period. Unless defined otherwise, the customer is not entitled to any credit or refund of services not accessed.
Invoices are to be settled in full, indicating the invoice number and customer number. Payments are to be made to one of the MicroConsult GmbH accounts specified on the invoice.
The customer bears any applicable bank fees incurred with the payment of invoices.
Setting-off is only permitted with a counterclaim declared as undisputed or legally binding.
Seminar Location
The seminar location will be specified in the invitation.
Booking Withdrawal, Changes
Withdrawal from a seminar booking is required in writing by letter or fax. There is no charge for withdrawal and changes submitted up to 2 weeks before the seminar starts. Any booking withdrawal or changes made thereafter will result in the full seminar price to be charged in full. After full payment of the invoice amount, the booked participant will receive, on a fair dealing basis, a credit voucher for 50% of the seminar price. The voucher can be redeemed within a period of one year upon another booking of a seminar at MicroConsult GmbH.
Should the booked participant fail to take part in the seminar without booking withdrawal or change, the invoice amount is due in full. Credit in form of a voucher is not granted in this case.
Instead of seminar booking withdrawal or change, the customer has the right to send a substitute participant to the booked seminar without any extra charge.
Copyright
MicroConsult GmbH reserves all rights to the seminar documentation, software and exercise units provided. Without written agreement by MicroConsult GmbH, the seminar documentation, software and exercise units provided must not be reproduced, changed, translated, - especially using electronic systems - processed, copied, distributed or made public, not even in part or for training purposes.
Data media provided by participants must not be used on the computer equipment of MicroConsult GmbH. MicroConsult GmbH reserves the right to sue for damages in case of noncompliance.
The software used in the seminars is copyright protected. This software and the related documentation must not be removed from the seminar rooms and must not, in whole or in part, be copied, transmitted or made use of in any other unapproved way.
The right of use regarding the software products of MicroConsult GmbH or third parties is included in the seminar fees, to the extent required for the seminar and limited to its duration.
Export of Transferred Knowledge
All technical data included in the MicroConsult GmbH products, or products which make such data available, must not be exported or re-imported directly or indirectly without authorization from the responsible authorities of the countries concerned. Furthermore, the general terms of delivery for products and services of the electronics industry as well as any other written agreements for export business apply.
By participating in a seminar, the participant agrees to comply with these terms.
Liability
The services by MicroConsult GmbH are prepared and executed by its agents with expertise and utmost accuracy. For any claims, independent of the legal ground, MicroConsult GmbH will only accept a one-time liability up to the amount of the seminar fee paid, or, in case of consulting, coaching or similar services, limited to the order value and up to a maximum of € 25,000. Limitation of liability and disclaimers do not apply for damage through deliberation or gross negligence on the part of MicroConsult GmbH or one of its employees or agents. This limited damage neither applies for any claims based on damage to life, body or health, in case MicroConsult GmbH is responsible for the neglect of duty.
MicroConsult GmbH assumes no liability for the loss of the participants' property or damage to this property by third parties.
In case of a seminar cancellation or failure to supply consulting, coaching or any other agreed services due to Act of God, illness of the trainer or consultant or any other unforeseeable events, there is no claim for execution. In this case, MicroConsult GmbH cannot be held responsible to refund traveling or hotel costs, non-productive time or any other damage, such as loss of profit, loss of savings, refund for unavailing expenses, damage through claims by third parties and any other direct or indirect consequential damage.
Deployment
MicroConsult GmbH has the right to assign sub-contractors to supply the agreed service or parts thereof.
Business Partners
MicroConsult GmbH has agreements with specific business partners for the marketing and support of the products and services of these partners. When a business partner acts as an agent for MicroConsult GmbH products or services, only the General Terms of Business by MicroConsult GmbH will apply in the relationship between the customer and MicroConsult GmbH.
MicroConsult GmbH is not liable for any business activities of its business partner or for any promises which the business partner makes to the customer, nor for the products and services which the business partner provides under his own contracts.
Contract Period and Termination
Contracts on consulting, coaching or other services terminate with the expiration of the agreed period. Any other termination arrangement has to be specified in a written agreement.
Act of God
In case of events that are considered to be Act of God and make it substantially difficult or impossible for MicroConsult GmbH to supply services, MicroConsult GmbH is entitled to postpone the performance of the obligation until after the period of obstruction and an adequate start-up time.
Loyalty
The customer and MicroConsult GmbH undertake not to engage or employ any employees or agents connected with the order execution. This restriction will apply for a period of 12 months after termination of the cooperation.
Storage and Delivery of Documentation
In connection with the execution of the order, MicroConsult GmbH stores, in its sole discretion, documentation provided externally or produced by itself, as well as the related correspondence.
When required by the customer after execution of the order, MicroConsult GmbH shall deliver any documentation that it has received or produced by itself in connection with order related activities, or to delete any related data stored electronically.
Limitation
Liability claims will prescribe after a period of one year after commencement of the legal limitation period, and two years after the supply of the services at the latest.
Miscellaneous
Even if any individual provision contained in these terms be or become legally invalid, this shall not affect the validity of the remaining provisions of these General Terms of Business. The invalid provision shall be replaced with an agreed valid provision which most closely reflects its intention and purpose.
Any modifications and amendments to these provisions are to be made in writing.
Legal Venue
The legal venue for all cases of litigation is the registered office of MicroConsult GmbH, as far as the claim was made by a fully qualified merchant active in commercial trade, by a legal entity of public rights or by public contingency property.
The laws of the Federal Republic of Germany apply.