Terms and Conditions of MicroConsult Academy GmbH
MicroConsult Academy GmbH, hereafter referred to as MicroConsult Academy, provides various services.
These Terms and Conditions apply for open seminars offered with prices and dates online on www.microconsult.de respectively www.microconsult.com, unless specified otherwise in the order acknowledgement or a written agreement with the customer.
Any other terms of business by the customer do not apply, even if not expressly excluded.
All quotations by MicroConsult Academy are exclusively directed to entrepreneurs according to § 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
Quotations, Conclusion of the Contract
Quotations submitted by MicroConsult Academy are subject to change. Thus, a contract is only effective if MicroConsult Academy confirms the order in writing or renders 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 Open Seminars
The seminar booking status can be requested at the MicroConsult Academy service office: phone +49 (0)89 450617-71, fax +49 (0)89 450617-17, e-mail contact@microconsult.com.
Non-binding reservations can be made at any time and will be kept open up to a maximum of three weeks before the seminar starts. Should MicroConsult Academy not receive a firm booking by that time, it reserves the right to allocate the seminar seats otherwise.
Binding seminar bookings can be submitted online, or in writing to MicroConsult Academy GmbH, Charles-de-Gaulle-Str. 6, D-81737 Munich, by e-mail contact@microconsult.com, or by fax to +49 (0)89 450617-17.
Bookings become binding for both parties as soon as confirmed by MicroConsult Academy in writing.
Prices and Dates for Open Seminars
For the booking of open seminars, the prices and dates published on the MicroConsult Academy website www.microconsult.de resp. www.microconsult.com apply (exclusive of applicable VAT).
Seminar prices include seminar documentation as well as the required use of technical equipment and systems in the MicroConsult Academy seminar rooms for the duration of the seminar as well as lunch.
Seminar Location and Seminar Times
Seminar location and times are specified in the order acknowledgement.
Booking Withdrawal, Changes, Absence
The customer can withdraw or reschedule a seminar booking at no cost up to three weeks before the seminar starts. For any booking withdrawal or rescheduling made thereafter, the seminar price will be charged less a deduction of 5% for saved expenses.
Instead of seminar booking withdrawal or rescheduling, the customer can send a substitute participant to the booked seminar without any extra charge.
Should the booked participant fail to take part in the seminar without withdrawing or rescheduling the booking, the invoice amount is due in full.
MicroConsult Academy reserves the right to cancel a seminar in case of less than six binding reservations three weeks before the seminar starts. MicroConsult Academy cannot be held responsible to refund traveling or hotel costs or any other consequential or secondary damage.
Terms of Payment
Invoices are issued at the time of order acknowledgement. Fees for open seminars have to be paid in full before the seminar starts. Participants whose invoice has not been settled before the seminar starts may pay the due amount in cash on the first seminar day. Otherwise, the participant is not entitled to a seat in the seminar.
Invoices are to be settled in full, including German VAT, indicating the invoice number and customer number. Payments are to be made in Euro to the MicroConsult Academy bank account specified on the invoice.
The customer bears any applicable banking charges.
Setting-off is only permitted with a counterclaim declared as undisputed or legally binding.
Copyright
MicroConsult Academy reserves all rights to the seminar documentation, software and exercise units provided. Without written agreement by MicroConsult Academy, the seminar documentation, software and exercise units provided must not be reproduced, changed, translated, processed, copied, distributed or made public, not even in part or for training purposes.
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.
Data media provided by participants must not be used on computer equipment of MicroConsult Academy. MicroConsult Academy reserves the right to sue for damages in case of noncompliance.
Export of Transferred Knowledge
All technical data contained in products of MicroConsult Academy, 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 customer/participant agrees to comply with these terms.
Liability
The services by MicroConsult Academy are prepared and rendered by its agents with expertise and utmost accuracy. For any claims, independent of the legal ground, MicroConsult Academy will only accept a one-time liability up to the amount of the seminar fee paid, however, 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 Academy 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 Academy is responsible for the neglect of duty.
MicroConsult Academy assumes no liability for the loss of the customer's/ participant's property or damage to this property by third parties.
In case of a seminar cancellation due to Act of God, illness of the trainer or consultant or any other unforeseeable events, there is no claim for execution. MicroConsult Academy cannot be held responsible to refund traveling or hotel costs or for any other consequential or secondary damage.
Business Partners
As far as a business partner acts as an agent for open seminars of MicroConsult Academy, only these Terms and Conditions apply in the relationship between the customer and MicroConsult Academy.
MicroConsult Academy 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.
MicroConsult Academy reserves the right to render services through third-party subcontractors. MicroConsult Academy shall assume liability for the rendering of services by subcontractors to the same extent as it assumes liability for rendering services itself.
Act of God
In case of events that are considered to be Act of God and make it substantially difficult or impossible for MicroConsult Academy to render services, MicroConsult Academy is entitled to postpone the performance of the obligation until after the period of obstruction and an adequate start-up time.
Miscellaneous
Even if any individual provision contained herein be or become legally invalid, this shall not affect the validity of the remaining provisions of these Terms and Conditions. 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 Academy, 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.
Date: 12 September 2024