§ 1 Scope of application, definition
These General Terms and Conditions apply to all training courses offered by DETEC Software GmbH, Im Neugrund 16, 64521 Groß-Gerau, Germany, hereinafter referred to as "DETEC", which are commissioned by companies, regardless of whether the training courses are held on the premises of DETEC, at the customer's premises or as online training. The training courses offered by DETEC are aimed exclusively at traders within the meaning of Section 14 of the German Civil Code (BGB). In business transactions with traders, these General Terms and Conditions shall be included for the ongoing business relationship when the first order is placed. These General Terms and Conditions shall apply exclusively. General terms and conditions of the customer shall only apply insofar as DETEC has expressly agreed to them in writing. In particular, the inclusion of general terms and conditions of customers that contradict these General Terms and Conditions is hereby rejected. These General Terms and Conditions shall also apply if DETEC provides the service to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from these General Terms and Conditions.
A trader is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity, Section 14 (1) BGB. A partnership with legal capacity is a partnership that has the capacity to acquire rights and enter into obligations, Section 14 (2) BGB.
The online training courses offered by DETEC serve exclusively as an introduction to the products offered by DETEC. In this respect, they are not distance learning within the meaning of § 1 FernUSG. In particular, there is no monitoring of the learning success within the meaning of § 1 para. 1 no. 2 FernUSG. The training content is conveyed exclusively through the one-way audiovisual provision of the training content by DETEC. The answering of comprehension questions by the customer by DETEC is an absolute exception and serves exclusively for the customer's self-control. In addition, DETEC does not monitor the learning success of the course either verbally or in writing.
The presentation of course dates on the DETEC website does not constitute a binding offer, but a non-binding course presentation. To book a course, the customer must:
- Select the desired course(s);
- enter company information and, if applicable, a different billing address;
- check the accuracy of the information provided;
- click on the "zahlungspflichtig buchen" button at the end.
The booking process described above is aimed exclusively at course participants who book courses in Germany via our German-language website. All contracts concluded in accordance with § 2.1 sentence 1 are concluded exclusively in German. By clicking on the "zahlungspflichtig buchen" button, the customer makes a binding booking for the selected courses. DETEC shall confirm receipt of the booking to the customer immediately by email.
The booking constitutes an offer to DETEC to conclude a contract. The customer is bound to his offer for 5 days. DETEC may declare its acceptance of the offer within this period. The automatic booking confirmation email regarding the receipt of the booking is not a declaration of acceptance in the above sense.
A booking can also be made by telephone or fax. In the case of registration by telephone, the customer shall be referred to the DETEC website to view these GTC; these GTC shall be sent to the customer in text form on request. In the case of bookings by fax, the GTC shall be sent to the customer by fax.
A contract shall not be concluded if a training offer from DETEC contains obvious typographical errors or other incorrect information concerning the characteristics or price of the training. DETEC must prove to the customer that it is a clerical error or incorrect information.
§ 3 Participation requirements & cooperation of the customer
In the case of online training, the training environment is not provided by DETEC. The customer shall provide all technical and organizational requirements necessary for the online training course at its own expense. In particular, participation in the training and the use of certain functionalities require an existing data connection on the end device used for the training. If the training takes place on the customer's premises, DETEC shall inform the customer in good time before the start of the course of the conditions and equipment that the training rooms must have. This includes, in particular, suitable computers on which the respective software that is the subject of the training is installed.
Customers must be able to access a separate DoXite environment in a closed, virtual environment. They require administrative rights within this training environment. As the courses are very practice-oriented and contain a correspondingly large number of exercises, it is necessary for customers to have the function of making their screen visible to all participants. The customer guarantees that the training environment provided by him will not influence or disrupt his productive systems or his operations.
When conducting online training courses, DETEC uses "Google Meet" as a video conferencing tool. This involves video and audio transmission and the usual functions, such as "share screen" or "hand over mouse control". If the customer's guidelines require the use of a customer-internal meeting tool such as WebEx or MS Teams, the customer sets up the meeting sessions and the trainer is a participant, but is assigned all the rights necessary to conduct the training (including presenter rights).
Further acts of cooperation by the customer include, but are not limited to, the following cooperation services:
- The customer shall provide DETEC with all information required to conduct the training,
- in the case of training courses to be held on the customer's premises, the customer shall grant DETEC access to the customer's premises, in particular to a training room suitable for the course, at the agreed training times,
- grant access to its IT systems and provide the technical resources required to conduct the training and
- make the transmitted training documents available to the training participants in a suitable form,
insofar as these services have not been contractually assigned to DETEC's scope of duties. If the customer is obliged to cooperate and the necessary specification has not already been made in the contract, DETEC shall request these services from the customer in writing with a reasonable lead time, stating the relevant framework conditions. DETEC shall immediately notify the customer in writing of any cooperation services which it considers to be insufficient.
Unless otherwise agreed in individual cases, all cooperation services shall be provided by the customer free of charge. The services to be provided by the customer constitute genuine obligations and not merely mere duties. If and to the extent that the Customer fails to perform the services owed by it, fails to perform them on time or fails to perform them as agreed and this has an impact on the provision of services by DETEC, the Contractor shall be released from providing the services concerned. The corresponding performance deadlines of the Contractor shall be postponed by a reasonable period of time; in the case of bindingly agreed deadlines, the Contractor shall be released from its obligation to perform. Any additional expenses incurred and proven by the Contractor shall be remunerated separately on the basis of the agreed conditions, without prejudice to any further rights of the Contractor.
§ 4 Contractor's personnel and subcontractors
DETEC shall be free to choose the persons it deploys to perform the services. DETEC shall ensure that the persons it employs are sufficiently qualified to perform the services. If and to the extent that DETEC has named persons to the customer whom it intends to deploy for the provision of services, this shall correspond to the planning status at the time of the naming. The customer shall not be entitled to the deployment of the named persons.
DETEC may also provide its services through subcontractors. DETEC shall structure the agreements with its subcontractors in such a way that they comply with the provisions of this contract.
The persons employed by DETEC to provide the services shall not be subject to the customer's authority to issue instructions. This shall apply in particular if persons employed by DETEC perform the services on the customer's premises. In particular, the contractual relationship concluded between the parties does not constitute the supply of temporary workers within the meaning of § 1 AÜG.
§ 5 Remuneration and terms of payment
The services provided by DETEC shall be remunerated at a flat rate in accordance with the training prices stated on the website. The course price plus VAT will be invoiced upon completion of the course and is due for payment immediately upon receipt.
In addition, DETEC shall be entitled to reimbursement of the expenses required and proven for the provision of the services, including travel expenses, in accordance with the applicable tax law principles. These include in particular
- Travel costs (e.g. mileage allowance, public transportation),
- accommodation costs,
- additional meal expenses,
- other necessary expenses in connection with the business trip.
If the training takes place on the customer's premises, this also includes the cost of meals for the participants. DETEC is obliged to submit all receipts, original receipts and records in connection with the travel expenses incurred. The receipts must clearly document the nature and reason for the expense. The provision of training materials shall not be remunerated separately unless otherwise agreed.
Unless expressly agreed otherwise, all prices are quoted exclusive of the applicable value added tax (currently 19%).
§ 6 Termination
If the customer terminates the contract or individual parts of the contract before the service is rendered, DETEC shall retain the full claim to payment in the case of contracts which are processed at a fixed price. However, DETEC shall be entitled to offset any expenses it saves as a result of the termination, acquires through other use or maliciously fails to acquire.
§ 7. Realizability of the training
DETEC shall be entitled to cancel or postpone training courses in agreement with the customer for reasons for which it is not responsible, in particular if the minimum number of participants is not reached, if the training instructor falls ill or in the event of other absences for which DETEC is not responsible. DETEC shall notify the customer immediately by email to the contact details provided and agree an alternative date with the customer.
Such reasons beyond DETEC's control may include, in particular, maintenance, security or capacity issues as well as events beyond DETEC's control (such as disruptions of public communication networks, power failures, force majeure, etc.) as well as intentional damage by third parties (virus, malware, etc.). The hardware, software and technical infrastructure used by the customer may also affect the feasibility of the training. Insofar as such circumstances prevent the feasibility of the training, this shall have no effect on the contractual conformity of the services provided.
§ 8. Rights of use
DETEC shall transfer to the customer a non-transferable, non-exclusive right, unlimited in time and space, to use the training materials expressly issued as handouts or PDF files for its own internal purposes. On the other hand, the customer is expressly not authorized to copy license material and other teaching material handed out for training purposes, to make it accessible to third parties or to remove it from the course rooms or take it away. Licensed material includes, in particular, data processing programs and licensed databases in machine-readable form, including the associated documentation.
The right of use pursuant to § 8 para. 1 sentence 1 also includes the right to make modifications, translations, adaptations or other alterations and to use them for own internal purposes, including storage and duplication.
The rights of use pursuant to § 8 shall only be transferred to the customer after full payment of the remuneration by the customer.
§ 9. Liability
DETEC shall be liable for grossly negligent and intentional breaches of duty as well as for bodily injury caused by simple negligence. If the customer is a traders, liability for non-intentional acts shall be limited to the damage typically foreseeable at the time the contract was concluded.
In the event of slight negligence, DETEC shall only be liable in the event of a breach of material contractual obligations and limited to the damage foreseeable at the time the contract was concluded. This limitation shall not apply in the event of injury to life, limb or health. Furthermore, liability for slight negligence shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of vicarious agents working for DETEC. Any liability for pre-contractual fault (c.i.c.) shall remain unaffected.
§ 10. Use of data
§ 11. Others
All contracts concluded with DETEC within the meaning of § 1 shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The contract language is German.
The place of jurisdiction for all present and future claims arising from the business relationship with traders, including claims from bills of exchange and checks, shall be the registered office of DETEC.
In business transactions with companies, the joint place of performance of the parties shall be the registered office of DETEC.
Notifications and declarations to DETEC shall be made in text form. Contractual agreements or declarations of the user shall remain unaffected by this provision.
Should individual regulations of this contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining regulations of this contract. The parties shall replace the invalid or unenforceable regulation with a valid and enforceable regulation that comes as close as possible to the legal and economic intent of the invalid or unenforceable regulation and that they would reasonably have agreed if they had considered the invalidity or unenforceability of the respective regulation when concluding this contract. The same applies in the event of a legal gap.
DETEC Software GmbH
Im Neugrund 16
Responsible for the contents: Corry S. Hong, Managing Director
Phone: +49 6152 71230
Fax: +49 6152 7123 199