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Terms of use plc2 GmbH

General Terms and Conditions (GTC) of PLC2 GmbH
(hereinafter: PLC2)

§ 1 – Scope of application

01

The service and supply contracts of PLC2 are concluded exclusively on the following general terms and conditions.

02

Any purchasing, procurement and other general terms and conditions of the contractual partner shall not apply even if the contractual partner refers to them in his order and does not expressly object to PLC2 again.

§ 2 – Registration and conclusion of contract

01

Registration for training can be made informally, in writing, by fax or via an online form.

02

Offers from PLC2 are subject to change unless otherwise stipulated in an individual contract. A contract is only concluded by the signature of both contracting parties or by a written order of the contracting party and its acceptance by PLC2 by countersigning or written confirmation. Only the content of the contract confirmed in this way and, in addition, these GTC shall form the basis for the provision of services by PLC2. The scope of the contractual services results from the aforementioned contractual documents and the associated appendices.

§ 3 – Type and scope of service

01

PLC2 offers open training courses as well as corporate training courses in the premises of the contractual partner and in the premises agreed with the contractual partner.

02

The exact venue, as well as the date, will be specified in the order confirmation.

03

In the case of company training, the service details are determined individually by contract. In the case of training on the premises of the contractual partner, the latter shall provide the necessary and suitable infrastructure, in particular seminar rooms and seminar equipment, installed software and hardware, and access rights. Upon request, PLC2 will provide the contractual partner with a list of the necessary prerequisites in good time.

04

The contractual partner may commission PLC2 with subsequent changes in the content and scope of agreed services, provided that this is reasonable for PLC2 and, if other contractual provisions (e.g. prices, dates) are affected by such changes, an agreement has also been reached on this. Pending the conclusion of such an agreement, PLC2 will continue the training in accordance with the previous agreement.

05

PLC2 reserves the right to extend, change and reduce services as far as the subject matter of the contract is not significantly changed by this, and this is reasonable for the contractual partner. PLC2 shall have the right to change the services if this change is customary in the trade or PLC2 is obliged to do so due to a change in the legal situation or due to jurisdiction.

06

Each participant will receive a personalised certificate of attendance for their participation in the training.

07

The contractual partner is responsible for travelling to the event location and, if necessary, booking hotel rooms or similar. If a hotel reservation for overnight stays is desired, this must be communicated upon registration – but at least two weeks before the start of the course. Desired hotel reservations will be made by PLC2 in the name and for the account of the contracting party.

§ 4 – Cancellation and rebooking

01

The cancellation of a registration must be requested in writing.

02

Cancellations and rebookings by a contractual partner for an open training course are free of charge up to two weeks before the start of the event.

03

Cancellations and rebookings of a contractual partner for company training are free of charge up to four weeks before the start of the event.

04

In case of cancellation after the above dates or in case of non-participation, 100% of the training price will be charged.

05

There are no costs for rebooking to an equivalent training at a later date, in consultation with PLC2.

06

Instead of cancelling or rebooking, the contractual partner has the right to send a substitute participant to the training booked by him without additional costs.

07

PLC2 reserves the right to cancel a training course up to about seven days before the start of the training course for important reasons, e.g. if the number of participants is too low or if a speaker fails (then possibly also at short notice), force majeure or similar reasons. In any case, PLC2 will aim to communicate cancellations or necessary changes to the program, in particular a change of lecturer, as early as possible.

08

If a training course has to be cancelled, PLC2 shall offer the contractual partner the opportunity to participate in the next possible training date of a similar training course. Should the contractual partner not attend this date, he can select and rebook another training course at the same price level.

09

In the event of cancellation of a training by PLC2, further claims against PLC2 are excluded, except in cases of intentional or grossly negligent conduct of employees of PLC2 or their vicarious agents.

§ 5 – Rights to the training documents, software, and exercises

PLC2 reserves all rights to the training materials, the software provided by it, and the exercise units. Training documents, provided software and exercise units may not be reproduced or modified, translated – in particular using electronic systems – processed, replicated, distributed or used for public distribution without written consent, even in part or for educational purposes. The contractual partner of PLC2 will inform all users of authorized copies – programs and documentation – of the authorization to distribute and use products of PLC2 and oblige them to also comply with these conditions. The contracting party undertakes to keep records that prove that it has complied with the conditions. Upon request, he will provide these records to PLC2 or an independent organization commissioned by PLC2 for inspection purposes.

§ 6 – Scope of liability and use of IT infrastructure

01

The training courses of PLC2 are prepared and led by their instructors with expertise and the highest possible care. PLC2 shall be liable, irrespective of the legal grounds, for damage caused by employees of PLC2 or its vicarious agents intentionally or through gross negligence, once only up to the amount of the training price paid. Any further liability, as well as any liability for indirect consequential damages, is excluded.

02

For loss or damage to the property of the customer or third parties, as well as for accidents, PLC2 cannot accept any liability.

03

It is expressly agreed that any internet access provided may not be used for uses outside the training framework. In particular, each participant undertakes to refrain from:

a. Posting or retrieving files that violate data protection, privacy, copyright or criminal law provisions,
b. of insulting, defamatory, anti-constitutional, racist, sexist statements or images.
c. Trying out, researching and unauthorised use of third-party access authorisations (such as user identifications, passwords) and other authentication means (such as smart cards, magnetic cards) is not permitted.
d. The disclosure and provision of own user identifications and other authentication tools for use by third parties is not permitted. It is expressly pointed out that in such a case the identity of the respective subscriber can be deduced from the log data. Any activity – including impermissible activity – by this third party is therefore attributed to the respective participant.

04

Data carriers brought by participants may not be used on PLC2 IT components. In the event of infringement, PLC2 reserves the right to claim damages.

05

In the training courses and trainings, software is used that is protected by copyright. This software and its documentation may not be removed from the event premises, copied in whole or in part, or made available for use in any other unauthorised manner.

06

Rights of use to software products of PLC2 or third parties are included in the training price to the extent necessary for the training operation for the duration of the training.

§ 7 – Remuneration and default of payment

01

The prices stated on the PLC2 homepage apply. All prices stated there are exclusive of the currently valid statutory VAT.

02

The workshop and seminar prices for open training sessions include break drinks, lunch, and detailed training documents.

03

Invoice amounts are to be paid in full and with the invoice number within 14 days of the invoice date, but before the start of the training.

04

If the contracting party is in default, incoming payments shall first be offset against any costs and interest, then against the oldest claim.

05

Only temporary participation in training courses for which PLC2 is not responsible does not warrant a reduction in remuneration.

§ 8 – Data protection

PLC2 will only collect, process, and use data within the meaning of the Federal Data Protection Act and other relevant data protection provisions in accordance with the relevant legal provisions.

§ 9 – General provisions

01

The contracts concluded under these provisions are exclusively subject to German law and exclude any possible reference to foreign law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

02

Place of performance, place of jurisdiction: The place of performance is the registered office of PLC2. The place of jurisdiction is, to the extent permitted by law, the registered office of PLC2.

03

Transfer of rights and obligations: The parties are entitled, with prior written notification, to transfer all or part of the rights and obligations under the contract to affiliated companies. Otherwise, a transfer of the rights and obligations under the contract requires the written consent of the respective other party. The other party will not withhold their consent unreasonably. The above provisions do not apply to monetary claims.

04

Written form: Amendments and supplements to a contract must be made in writing. A waiver of this can only be made in writing. The written form requirement may also be complied with by fax or by exchange of letters. § 127 para. 2 p.1 BGB does not apply in all other respects.

05

Fulfilment of contract by third parties: PLC2 shall be entitled to use third parties, including those acting in concert with it within the meaning of §§15 et seq. AktG (German Stock Corporation Act).

06

Group delegation right: PLC2 is entitled to transfer all rights and obligations arising from the contract to a group company associated with it within the meaning of §§ 15ff. of the German Stock Corporation Act (AktG).

07

Severability clause: If any provision of these General Terms and Conditions or of any contract concluded hereunder proves to be invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of these General Terms and Conditions or of the relevant contract.

08

Force majeure: With the exception of the obligation to make payments, each party is exempted from fulfilling its existing contractual obligations as long as this is impossible due to force majeure. Force majeure includes in particular strikes or lawful lockouts, fire, flooding, official measures, delay or non-performance on the part of suppliers, earthquakes, breakdown of and disruptions in communication networks, or other circumstances for which the party willing to perform is not responsible.

Version: July 2019