Terms & Conditions

Terms & Conditions

TERMS AND CONDITIONS (GTCS) OF SERVIEW GMBH

(As of April 2017 - Version 4.0)

1. GTCs for the training services by SERVIEW GmbH

§1 General

These terms and conditions apply to publicly offered and in-house trainings and customised qualification programmes by SERVIEW GmbH. Oral commitments and side agreements have to be confirmed in writing by SERVIEW GmbH. The products and services offered by us are exclusively sold to commercial Customers (companies and self-employed persons) as referred to in § 14 of the German Civil Code (BGB).

§2 Booking

Bookings can be made by phone, in writing (letter, email of fax) and on the webpage (www.serview-uk.com). After making your booking, you will promptly receive a booking confirmation from us (time of the conclusion of the contract). The amount of participants in our trainings is restricted. Therefore, bookings are processed in order of receipt. By booking, the Customer accepts these terms and conditions as well as the terms of participation specified in the offers. These terms and conditions apply exclusively. Should the terms and conditions of the Customer differ from these terms and conditions partly or as a whole, they shall not be included in the contract, even if they are not expressly contradicted. Exceptions only apply, if SERVIEW GmbH expressly agrees to the terms and conditions of the Customer.

§3 Data protection

The contract is fulfilled using automated data processing. The Customer expressly agrees to the processing of data that is disclosed in the context of the contractual relationship and needed for the fulfilment of the contract. The Customer also agrees to the data obtained in the context of the business relationship to be used for business purposes within SERVIEW GmbH in accordance with the German Data Protection Act. Personal data is processed in accordance with the German Data Protection Act (BDSG). All other data protection conditions are stated in the Privacy Policy.

§4 Cancellation and changes

The calculation of deadlines is based on weekdays from Monday to Sunday (7 days). Hereinafter, all weekdays will be referred to as days.

4.1 Public trainings

Bookings for official trainings may be cancelled or rebooked without charge up until 14 days before the start of the training. When a cancellation or rebooking is made within 13 days (the starting day of the training is not calculated) 50% of the training and exam fees are charged. You have the right to send a suitable substitute participant. If a training participant fails to attend, you shall be charged the full training and exam fees. We reserve the right to cancel trainings due to organisational or technical reasons (i.e. not attaining the minimum amount of participants or the trainer not being able to carry out the training due to illness). In case SERVIEW GmbH cancels the training, a new training date and/or location shall be agreed with the participants. If a rebooking is not possible, SERVIEW GmbH shall return payments made in the context of the training. Further claims e.g. for travelling or accommodation costs are excluded. This also applies to dates with SERVIEW‘s date guarantee..

4.2 In-house Trainings

Bindingly ordered training dates may be cancelled or rebooked without charge up until 21 days before the start of the training. When a cancellation is made between 20 and 7 days (the starting day of the training is not calculated) before the start of the training, 50% of the training price, all exam fees and the costs incurred are charged. When a training is cancelled or rebooked within 6 days of the start of the training, the whole training price, the exam fees and the costs incurred are charged. We reserve the right to cancel trainings due to organisational or technical reasons, such as the trainer not being able to carry out the training due to illness. If a training is cancelled by SERVIEW GmbH, an attempt shall be made to agree a new date for the event with you<./p>

4.3 Virtual Live Classroom trainings

The subject of the service is participation in a training that is carried out virtually. The Customer receives all necessary login details per e-mail in advance and confirms that he/she agrees to fulfil the relevant technical requirements by booking the training. The requirements on the website may be changed at any time. SERVIEW GmbH reserves all rights to the VLC trainings. The participant shall be granted temporary access rights that last the duration of the usage, are not exclusive or transferrable. The login details submitted are confidential and personal, and shall not be passed on without an explicit explanation. Furthermore, no additional persons may visit the virtual training or take part in the whole training or parts of it actively or passively. In case of technical problems or non-fulfilment of the technical requirements not caused by SERVIEW GmbH, any claims are excluded.

4.4 Promotions

Public trainings that have boon booked in the context of e.g. public discount campaigns, combo promotions or anniversaries may not be cancelled without charge. After a confirmation by SERVIEW GmbH, the training dates may be rebooked within the period defined in the promotion, and you have the right to send a substitute participant. Should the training participant not turn up, or the training participation be cancelled, we shall charge 100% of the training price and the exam fees. We reserve the right to cancel trainings due to organisational or technical reasons (i.e. not attaining the minimum amount of participants or the trainer not being able to carry out the training due to illness). In case SERVIEW GmbH cancels the training, a new training date and/or location shall be agreed with the participants. In case of cancellations or changes by SERVIEW, the benefits of the promotion shall remain valid. Further claims e.g. for travelling or accommodation costs are excluded.

§5 Fees and terms of payment

The prices do not include the statutory value added tax. Unless otherwise agreed, the training fees are applied per person and to be paid in full prior to the start of the training. Partial participation in the training does not entitle you to a discount. If the payment has not been received on the account specified in the invoice or if payment cannot be proven at the start of the training, we reserve the right to decide whether participation is possible. The payment obligation remains unchanged irrespective of this decision. If not agreed otherwise, the term of payment is 14 after the invoice is issues an onto the account specified in the invoice.

§6 Exceptions in the delivery of the service

SERVIEW GmbH has the right to change the time and/or location of all trainings, including those with a guaranteed date, and to cancel them on short notice, if necessary. If a training is cancelled, SERVIEW GmbH shall offer alternative dates for it. If no suitable date can be found, SERVIEW GmbH shall refund fees already paid. Claims for reimbursement of travel and accommodation costs and costs incurred through lost work time are excluded, unless these costs are incurred due to gross negligence on the part of SERVIEW GmbH.

§7 Copyright and trade mark rights

We reserve all rights, including the rights to translate, reprint and copy the training documents or parts of them. No part of the training documents, including extracts, may be reproduced, processed (particularly using electronic systems), copied, disseminated or shown publicly in any form or for any purpose, including the planning of trainings, without our written consent. SERVIEW GmbH uses different copyright and trade mark protected software solutions in its trainings. These software solutions may neither be copied nor processed in a machine-readable form or be removed from the training room. The German and European copyright rules are applied.

§8 Liability

The tuition and exercises in the trainings are designed to enable an attentive participant to reach the goals of the training. However, we are not liable for the training success. If § 309 No 7 and 8 of the German Civil Code (BGB) do not apply, we are liable for damages caused by our employees intentionally or through gross negligence, irrespective of the legal basis, once and limited to the equivalent value of the service provided, but up to a maximum amount of EUR 10.000. Any further liability is excluded. SERVIEW GmbH is not liable for damages caused by viruses on copied data carriers. This also applies to Public Domain Software. Data carriers brought by participants may not be used on our computers, unless it has been expressly agreed with us in writing. SERVIEW GmbH reserves the right to seek compensation for any damages caused to it through an infringement of this rule.

§9 Registered trademarks

We do not warrant that the products, methods or other names mentioned are free of intellectual property rights of third parties.

§10 Miscellaneous

The contractual relationship and its fulfilment are exclusively subject to the law of the Federal Republic of Germany, excluding the provisions of the CISG. This choice of law also applies to consumer contracts, if this does not infringe article 29 of the Introductory Act to the German Civil Code (EGBGB).

§11 Force majeure and hindrances to performance

SERVIEW GmbH shall not be liable for force majeure events that significantly impede the SERVIEW GmbH‘s contractual performance or temporarily hinder or stop the appropriate fulfilment of the contract. Force majeure shall mean all circumstances independent from the will and influence of the Contracting Parties, such as natural disasters, governmental measures, authority decisions, blockades, wars and other military conflicts, mobilisation, inner unrest, terrorist attacks, strikes, lockouts and other labour unrest, confiscation, embargos or other circumstances that are unforeseeable, severe, not caused by the Contracting Parties and occurring after the contract has been concluded. Should SERVIEW GmbH‘s fulfilment of contractual obligations be hindered by a force majeure event, it shall not be regarded as a breach of contract, and the time limits established in the contract or on the basis of the contract shall be extended appropriately according to the duration of the hindrance. This also applies to cases where SERVIEW GmbH is dependent on advance performance of third parties and this performance is delayed. Each Contracting Party shall do everything in its power that is necessary and reasonable to mitigate the extent of the effects caused by the force majeure event. The Contracting Party affected by the force majeure event shall provide the other Contracting Party the starting and ending time of the hindrance in writing respectively and without delay.

§12 Severability clause

Should one or several of the provisions of these terms and conditions be or become ineffective or this contractual text contain a regulatory gap, the contracting parties shall replace or complete these ineffective or incomplete provisions with appropriate arrangements that correspond to the economic purpose of the intended provisions as well as possible. The validity of the remaining conditions remains unaffected.

 

2. GTCs for the consultancy services by SERVIEW GmbH

§1 Scope

The terms and conditions for the consulting services by SERVIEW GmbH are applied to all consulting services that SERVIEW GmbH provides to the Client and all activities connected to those services. The terms and conditions for the consulting services by SERVIEW GmbH shall be correspondingly applied when SERVIEW GmbH provides other services in addition to or instead of consulting. All orders are subject to a written confirmation by SERVIEW GmbH. In addition, this requirement for written form can only be waived by written agreement. The products and services offered by us are exclusively sold to commercial Customers (companies and self-employed persons) as referred to in § 14 of the German Civil Code (BGB).

§2 Execution of the consultancy service

SERVIEW GmbH shall provide the consulting service within the time period agreed in writing and according to the principles of proper professional practise using qualified employees. SERVIEW GmbH reserves the right to choose the employees carrying out the consulting service.

§3 Assistance by the client

The Client shall support SERVIEW GmbH in delivering the consulting services agreed in the contract. This includes that the Client shall ensure that all requirements necessary for the proper provision of the consulting service are fulfilled within its facilities. In particular, the Client shall, where necessary, provide the employees of SERVIEW GmbH with office space including the required amount of working equipment, appoint a contact person who is available to the employees of SERVIEW GmbH for giving information and answering questions etc. during the agreed working hours; this contact person shall also be authorised to give explanations that are needed as interim decisions during the fulfilment of the contract, and to provide all necessary information and documents.

§4 Deadlines

If the delivery of an agreed consulting service by SERVIEW GmbH is delayed, the Client has, after the expiration of an unsuccessful reasonable deadline extension set by SERVIEW GmbH, the right to terminate the corresponding contract without notice. Possible claims for compensation by the Client due to belated performance are restricted to 50% of every full week the performance has been delayed, however, to maximum of 5% of the total value of the contract in question. SERVIEW GmbH does not assume any further liability in case of a delay, unless compulsory liability exists as result of wilful intent or gross negligence.

§5 Delay by the client

Should the Client neglect or delay assistance incumbent on him according to § 3 regarding consulting services or a separate agreement, SERVIEW GmbH is entitled to nevertheless claim the agreed remuneration for the consulting service without the obligation to deliver it at a later time. If SERVIEW GmbH nevertheless decides to deliver the consultancy service, it shall only be carried out after its schedule has been adjusted accordingly. If the Client delays the receipt of the consultancy service or neglects the assistance obligations incumbent on it in spite of warnings and deadlines, SERVIEW GmbH has the right to terminate the contract without notice and without it impacting the Client‘s obligation to pay the agreed remuneration. Irrespective of the enforcement of the termination right, SERVIEW GmbH has a claim for compensation for the damages caused by the delay. Possible claims for compensation for additional expenditure remain unaffected.

§6 Rights to work results

Unless agreed otherwise in individual cases, SERVIEW GmbH grants the Client non-exclusive, non-transferrable and indefinite internal usage rights to the work results created during the consultation.

§7 Remuneration

The remuneration for consultancy services provided by SERVIEW GmbH are calculated on the basis of the time used for the task and travel and accommodation costs, unless agreed otherwise in individual cases. The remuneration consists of the hourly rates applicable at the time of the receipt of the order or an offer accepted by SERVIEW GmbH during the validity period. However, if the deadline of consultancy services is delayed to a date more than 3 months after the receipt of the original order due to circumstances unforeseeable for SERVIEW GmbH or force majeure, and there has been a change in the hourly rates applied by SERVIEW GmbH, the remuneration shall be based on the hourly rates applied at that date. The remuneration for consultancy services is payable in full immediately after receipt of the invoice. SERVIEW GmbH shall be entitled to charge interest, in the commercial business transactions as of due date, otherwise as of default, in the amount of 3% above the discount rate of Deutsche Bundesbank.

§8 Liability

If consultancy services by SERVIEW GmbH lead to direct damages, SERVIEW GmbH is liable in cases of wilful intent or gross negligence, lack of guaranteed features and damage to persons or privately used goods in accordance with the German Product Liability Act. Liability for data restoration is excluded, unless SERVIEW GmbH has caused the loss of data through wilful intent or gross negligence and the Client has ensured that the machine-readable data in question can be restored using reasonable effort. All other claims for compensation - irrespective of legal basis - against SERVIEW GmbH and their assistants or vicarious agents are excluded.

§9 Confidentiality/data protection

Both Parties are obliged not to disseminate any information or documents of the other Party that they gain access to during the execution of the contract to third parties, or give third parties access to them in any other manner. This also applies to work results. Both parties shall make the necessary arrangements to ensure compliance with the preceding obligations in their respective organisation. These obligations apply until and to the extent that it cannot be verified that the respective data or documents are publicly known without the influence of the Party obliged to confidentiality. SERVIEW GmbH is obliged to comply with the provisions of the German Data Protection Act, and in particular not to make available to third parties or use in other ways than for the purposes of executing this contract any personal data that SERVIEW GmbH or its employees gain access to, amend or process within the framework of this contractual relationship. SERVIEW GmbH is obliged to only use employees that have been obliged to maintain data confidentiality according to § 5 of the German Data Protection Act for the execution of this contract. This data confidentiality obligation according to § 5 of the German Data Protection Act remains in force after the expiration of the current contractual relationship. The German Data Protection Act provides for fines or imprisonment in the case of violations of data confidentiality or other applicable legislative provisions. If SERVIEW GmbH is connected to an IT network operated by the Client during an agreed project, SERVIEW GmbH is obliged to ensure, for the duration of the connection, that no third party gains unauthorised access to the network through this connection.

§10 Loyalty

The parties are obliged to mutual loyalty. They shall inform each other immediately of any circumstances that might affect performance occurring during the course of project execution. In particular, there shall be no recruitment or other employment of employees who are or have been involved in executing the contract until at least twelve months after the cooperation between the parties has ended. The Client is obliged to immediately inform SERVIEW GmbH, if it learns that employees used by SERVIEW GmbH during the execution of the contract intend to resign or change employers.

§11 Rights of retention of the contractor

Until the full settlement of its claims, SERVIEW GmbH shall be entitled to retain the documents entrusted to it; however, the exercise of this right of retention shall be deemed done in bad faith, if this retention causes disproportionate or unreasonably high and unjustifiable damage to the Client. After all outstanding claims under the contract have been settled, SERVIEW GmbH shall return all the material provided by the Client or by a third party for the execution of the contract. This does not apply to correspondence between the parties or to simple copies of reports, organisation plans, drawings, listings, calculations, etc., that have been created within the framework of the contract, provided that the Client has retained the originals. SERVIEW‘s obligation to retain documents expires six months after the delivery of a written request that the documents be collected, generally three years or, in the case of documents retained according to paragraph 1, five years after the contractual relationship has ended.

§12 Miscellaneous

The Client may only relinquish the rights stemming from this contract with a written consent by SERVIEW GmbH. Different, contradicting or complementing provisions are subject to explicit written approval by SERVIEW GmbH. The Client may not enforce retention rights, unless claims stem from the same contractual relationship. The Client may only set off claims that SERVIEW GmbH has recognised in writing or that are legally established. The jurisdiction for all contractual claims and claims connected to the contract between the Parties shall be Bad Homburg, as long as the Client is a registered merchant. In addition, SERVIEW GmbH has the right to make claims in the court that has jurisdiction over the domicile of the Client.

§13 Force majeure and hindrances to performance

SERVIEW GmbH shall not be liable for force majeure events that significantly impede the SERVIEW GmbH‘s contractual performance or temporarily hinder or stop the appropriate fulfilment of the contract. Force majeure shall mean all circumstances independent from the will and influence of the Contracting Parties, such as natural disasters, governmental measures, authority decisions, blockades, wars and other military conflicts, mobilisation, inner unrest, terrorist attacks, strikes, lockouts and other labour unrest, confiscation, embargos or other circumstances that are unforeseeable, severe, not caused by the Contracting Parties and occurring after the contract has been concluded. Should SERVIEW GmbH‘s fulfilment of contractual obligations be hindered by a force majeure event, it shall not be regarded as a breach of contract, and the time limits established in the contract or on the basis of the contract shall be extended appropriately according to the duration of the hindrance. This also applies to cases where SERVIEW GmbH is dependent on advance performance of third parties and this performance is delayed. Each Contracting Party shall do everything in its power that is necessary and reasonable to mitigate the extent of the effects caused by the force majeure event. The Contracting Party affected by the force majeure event shall provide the other Contracting Party the starting and ending time of the hindrance in writing respectively and without delay.

§14 Severability clause

Should one or several of the provisions of these terms and conditions be or become ineffective or this contractual text contain a regulatory gap, the contracting parties shall replace or complete these ineffective or incomplete provisions with appropriate arrangements that correspond to the economic purpose of the intended provisions as well as possible. The validity of the remaining conditions remains unaffected.

SERVIEW UK
22 Long Acre, Covent Garden
London WC2E 9LY
P +44 (0) 20 3830 1420
F +44 (0) 20 3630 1429
Mail: info@serview-uk.com

SERVIEW GmbH
Gartenstraße 23
61352 Bad Homburg
P +49 6172 17744-0
F +49 6172 17744-99
Mail: info@serview.de