General Terms and Conditions of Thomas Zimmer IT-Consulting

Status 05/2015
1. general provisions

1.1 These terms and conditions of Thomas Zimmer IT-Consulting apply to all services in the context of seminars, training courses, workshops, courses, training sessions and conferences (hereinafter referred to as “events”) for consumers, entrepreneurs, legal entities under public law or special funds under public law (hereinafter referred to as “customer”). The inclusion of the customer’s own terms and conditions is hereby rejected, unless their validity has been expressly agreed to in writing.

1.2 A seminar contract is only concluded when we confirm the registration. This will take place within one week of receipt of the registration by e-mail, fax or post. You will subsequently receive a detailed order confirmation to check the order item. Registrations for the seminars must be made in writing (by fax, e-mail). As the number of participants for our seminars is limited, we consider registrations in the order in which they are received. Participants’ data is processed electronically for internal purposes.

1.3 If special conditions are agreed within the framework of the conclusion of a contract with Thomas Zimmer IT-Consulting, these do not apply in principle to current and future contractual relationships with the customer.

2. type and scope of seminar services
Thomas Zimmer IT-Consulting offers open seminars, individual and company training courses in rented rooms and in rooms agreed with the customer. In addition, remote support services can also be arranged following the aforementioned types of seminar.

2.1 Open seminars take place from 9:00 a.m. to 5:00 p.m. with a maximum of 8 participants, unless otherwise agreed. The teaching units are interrupted by appropriate breaks. Catering costs are included in the seminar price and include hot and cold drinks, pastries and a hot lunch. Each participant is entitled to a workstation with the technical infrastructure required for the type and scope of the seminar.

2.2 The times for company seminars and individual training sessions are specified in individual contracts. In the case of seminars at the customer’s premises, the customer shall provide the necessary and suitable infrastructure, in particular seminar rooms and seminar equipment, installed software and hardware, access rights. On request, Thomas Zimmer IT-Consulting will provide the customer with a list of the necessary requirements in good time.

2.3 Unless otherwise agreed, participants will receive seminar documents that accompany the content of the event and enable them to read up on it. The seminar documents do not include at the seminar price.

2.4 In the case of regularly offered seminars, each participant shall receive a personalized certificate for his/her participation in the seminar. For company seminars and individual training courses, the issue of a certificate must be contractually agreed.

2.5 The customer is responsible for booking travel to the venue. No claims for compensation can be made if the event is canceled or canceled through no fault of the participant.

3. type and scope of support services

3.1 Thomas Zimmer IT-Consulting offers remote support services as a supplement to open seminars, as well as individual and company training. This service is intended to support the customer in adequately transferring the content of seminars and related topics into practical use. Services of this type may include:
a) Repetition or consolidation of individual subject areas from a seminar previously held with the customer.
b) Supplementing the seminar content on omitted topics or tasks that are related to the customer’s specific system environment and were therefore not included in the seminar.
c) Development of solutions for special requirements through to prototype implementation.
d) Support in the event of problems with the software covered in the seminar when used by the customer.

3.2 Support services offered within the meaning of 3 are generally processed by telephone. In addition, electronic communication channels, in particular email, but also common platforms for online collaboration (Cisco WebEx®, Citrix GoTo Meeting®, Adobe Connect®) can be used.

3.3 Supplementary support services are limited to the content, activities and communication channels listed above. In particular, Thomas Zimmer IT-Consulting is not obliged to
a) Travel to and personal appearance at the customer’s premises.
b) Processing of problems, implementations, support for problems with a proposed solution or a prototype implementation beyond the contractually agreed periods of a booked support service.
c) Implementation of solutions for productive use that would entail corresponding liability on the part of Thomas Zimmer IT-Consulting, see also Section 7 (Liability).
d) Troubleshooting the software covered in the seminar. Unless otherwise agreed, Thomas Zimmer IT-Consulting does not develop any software itself and accepts no responsibility for errors in third-party software.
e) Compliance with response times for the rectification of problems and faults. Requests will be processed as soon as possible. However, a response to inquiries sent by telephone or email is guaranteed within seven calendar days. Within this period, the customer must use both of the aforementioned communication channels in order to rule out technical unavailability as far as possible.
f) Provision or use of a platform for online collaboration. The provision of a support service following a seminar is generally handled by telephone or email. The use of a platform for online collaboration may entail additional costs, which must be borne by the customer.

4 Cancellation, refusal

4.1 Cancellations must be made in writing to Thomas Zimmer IT-Consulting.

4.2 Registrations for open seminars can be canceled in writing free of charge up to 14 calendar days before the start of the seminar. In the event of cancellation received after this time – but no later than 7 days before the start of the seminar – 50% of the seminar price will be charged. Cancellation after this date or non-participation will be charged at 100% of the seminar price. Thomas Zimmer IT-Consulting is prepared to accept a substitute participant at any time at no additional cost.

4.3 If a complete offer is canceled (i.e. if several seminars are booked at the same time), the seminars taking place within the next 14 days after receipt of the cancellation will be canceled free of charge. For the remaining seminar dates that take place later than 14 days after receipt of cancellation, 15% of the remaining order value will be charged. Cancellation after this date or non-participation will be charged at 100% of the seminar price. Partial cancellation is not possible for complete offers.

4.4 Individual offers and company training courses can be canceled free of charge up to 21 days before the start of the seminar. Cancellations up to 14 days before the start of the first seminar will be charged 50% of the order value. Cancellation after this date or non-participation will be charged at 100% of the seminar price. The order value refers to all seminars booked and confirmed by the customer in the offer.

4.5 The customer is entitled at any time to prove that no damage or less damage has been incurred as a result of the cancellation.

4.6 Thomas Zimmer IT-Consulting is entitled to cancel or relocate events up to 14 days before the start of the event without giving reasons and/or to name another date as a substitute.

4.7 Thomas Zimmer IT-Consulting reserves the right to withdraw from the seminar contract in the event of force majeure (such as natural disasters or strikes).

4.8 Thomas Zimmer IT-Consulting is also entitled to withdraw from the contract if the minimum number of participants, depending on the type of seminar, is not reached, insofar as this was stated in our offer, as well as in the event of the speaker’s absence through no fault of our own, in particular if the speaker falls ill. Circumstances that prevent the speaker from traveling to the seminar venue for a significant period of time shall also be deemed to be a cancellation of the speaker through no fault of his/her own, provided that the usual care was taken when planning the trip.
If the above rights of withdrawal are exercised, any seminar fees already paid will be refunded unless an alternative date is mutually agreed. Further claims are excluded, see also Section 7 (Liability).

5 Copyrights

5.1 Thomas Zimmer IT-Consulting grants the customer the non-exclusive, permanent, irrevocable and non-transferable right to use the training documents provided in the context of events. These rights also include aids such as electronic presentation files and samples used for training. Reproduction of the training documents is expressly prohibited.

5.2 Deviations from these terms of use must be agreed in the individual contract.

6. remuneration and terms of payment

6.1 The prices of Thomas Zimmer IT-Consulting stated on the website are net euro prices, plus the statutory German value added tax. Packaging and shipping costs as well as any travel expenses will be charged separately.

6.2 The invoice is due immediately upon receipt without deduction, unless otherwise agreed.

6.3 The planning and implementation of seminars involves considerable preparatory work for Thomas Zimmer IT-Consulting. For this reason, all services are invoiced prior to the provision of the main service (seminar implementation). Contractually agreed services are only to be provided by Thomas Zimmer IT-Consulting if receipt of payment has been established.

6.4 In deviation from 6.3, separate agreements may be made with the customer to make only an advance payment covering costs and risks instead of the total amount in advance.

6.5 A payment is deemed to have been received as soon as the equivalent value has been credited to the account of Thomas Zimmer IT-Consulting. If invoices are overdue, incoming payments are first calculated on any costs and interest, then on the oldest claim.

6.6 Should unforeseeable cost increases occur (e.g. currency fluctuations, unexpected price increases by suppliers, etc.), Thomas Zimmer IT-Consulting is entitled to pass the price increase on to the customer.

6.7 Participation in courses or course packages for only part of the time does not entitle the participant to a reduction in fees.

7. liability

7.1 If a seminar is canceled through no fault of Thomas Zimmer IT-Consulting, in particular due to illness of the lecturer, there is no entitlement to the seminar being held. Thomas Zimmer IT-Consulting is liable in this respect only for prompt information to the customer in accordance with the contact details provided by the customer (if there are several, e.g. e-mail address and address, one means of transmission is sufficient). In these cases, Thomas Zimmer IT-Consulting cannot be obliged to reimburse travel and accommodation costs or loss of working hours.

7.2 In the case of Internet seminars, room rental with Internet access or the provision of support services, Thomas Zimmer IT-Consulting is not liable for the constant functionality, which is to be guaranteed by the provider, who in turn has an exclusion of liability vis-à-vis Thomas Zimmer IT-Consulting. In the event of significant restrictions due to such disruptions to seminars, Thomas Zimmer IT-Consulting may offer a catch-up date for subsequent performance. Instead, Thomas Zimmer IT-Consulting can also offer an appropriate reduction. In such a case, the customer shall have no further claims.

7.3 Participants may only claim damages in the event of intent or gross negligence to the full extent permitted by law. The liability of Thomas Zimmer IT-Consulting is limited to the foreseeable damage in the event of less than gross negligence. The aforementioned limitation of liability does not apply to liability for personal injury and liability under the Product Liability Act, as well as in the event of a breach of an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligation). Thomas Zimmer IT-Consulting reserves the right to object to contributory negligence.
All claims for damages or compensation for futile expenditure shall lapse within one year in the case of contractual and non-contractual liability, except in cases of intent or personal injury.

7.4 If there are significant deficiencies in the execution of an event and Thomas Zimmer IT-Consulting is responsible for this, Thomas Zimmer IT-Consulting may, at its discretion, repeat the event at no additional cost to the customer within a reasonable period or offer the customer a reasonable reduction in the event fee. The prerequisite is a complaint by the customer, which must be made immediately.

7.5 All support services described in Section 3 (Type and scope of support services) and services provided by Thomas Zimmer IT-Consulting over and above the provision of seminars are in principle merely proposed solutions by Thomas Zimmer IT-Consulting for the customer. The proposed solution may be adopted by the customer and put into operation or into productive use at the customer’s own responsibility. Thomas Zimmer IT-Consulting always acts in an advisory capacity to the best of its knowledge and belief and in accordance with the current state of the art.

7.6 Further claims by the customer for breach of duty are excluded. This exclusion does not apply in the event of intent or gross negligence or in the event of injury to life, limb or health.

7.7 The right to extraordinary termination for good cause remains unaffected.

8 Place of performance, place of jurisdiction, applicable law

8.1 Unless otherwise contractually agreed, the place of performance shall be Bodenheim. The place of jurisdiction is Mainz, Federal Republic of Germany.

8.2 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. This choice of law also applies to consumer contracts, insofar as Art. 29 EGBGB does not conflict with this.

8.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Thomas Zimmer IT-Consulting. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

9. other

9.1 Claims arising from this contract shall become time-barred 3 years after knowledge thereof, but no later than 8 years after the agreed latest date of performance. This does not apply in the case of intent and insofar as the Product Liability Act applies.

9.2 These conditions of participation shall remain binding in their remaining parts even if individual conditions are legally invalid. Amendments or additions to these terms and conditions must be made in writing; this also applies to this written form clause.