General Terms and Conditions

These general terms and conditions (“GTC”) apply to all contracts between Applicative Systems GmbH – hereinafter referred to as ASG – and the buyer or customer – hereinafter referred to as CUSTOMER – regarding analog or digital services such as seminars, workshops, and webinars (hereinafter collectively referred to as “Training”). These GTC do not apply to pre-produced digital content (e.g., video courses).

For readability, gender-specific formulations have been omitted in these GTC. Of course, all references apply to both women and men, even if only one gender is explicitly mentioned.

1. Definitions

In-house seminars are training events held at the CUSTOMER’s premises or in facilities rented by the CUSTOMER. The organization of the seminar, including the necessary seminar equipment (such as projectors, etc.), invitations, and catering for participants, is the responsibility of the CUSTOMER. ASG provides only the instructor and the seminar materials.

Open seminars and workshops are training events offered and organized by ASG at various locations in Germany. ASG provides the conference rooms, technical equipment, seminar materials, and participation certificates.

Webinars/Online courses are digital live training events.

2. Conclusion of Contract

Unless otherwise specified below, the following applies: Offers from ASG in catalogs, brochures, or on the Internet do not constitute a binding offer to conclude a contract, but only a non-binding invitation to the CUSTOMER to submit an offer to conclude a contract.

By clicking the “Buy,” “Book with obligation to pay” button, or by registering via email, phone, fax, or other communication channels, the CUSTOMER submits a binding offer to conclude a contract for the services contained in the registration process. An acknowledgment of receipt of the registration by email does not constitute acceptance of the offer.

The contract is only concluded with the acceptance of the CUSTOMER’s offer by ASG through a separate declaration of acceptance or at the latest with the provision of the respective service.

For in-house seminars, ASG creates an individual seminar offer for the CUSTOMER upon request. Unless otherwise stated, such an offer is valid for 21 days from receipt by the CUSTOMER. The contract is concluded upon the CUSTOMER’s order placement.

3. Prices, Payment Terms, Short-term Participation

All prices are consumer prices in euros including the applicable VAT.

ASG invoices the agreed remuneration with the CUSTOMER on the (last) day of training. For multiple training days, ASG reserves the right to request reasonable advance payments. Unless otherwise agreed, invoices are due for payment without deduction upon receipt.

Payments are to be made without deduction to the account specified in the invoice.

If the CUSTOMER defaults on payment, ASG is entitled to charge processing fees and default interest at the statutory rate.

3.1 In-house Seminars

The in-house seminar fee includes the booked training and training materials.

The CUSTOMER is responsible for providing appropriate catering (lunch, coffee breaks, and refreshments) and the local conditions assumed in the offer (venue, equipment, etc.).

3.2 Open Seminars and Workshops

The participation fee includes the booked training, seminar materials, and, if offered, catering. Travel, accommodation costs, and other expenses are borne by the CUSTOMER.

In case of short-term registration (within 14 days before the start of training), seminar materials may only be available via email.

Participation certificates are sent by ASG after the seminar or handed out to participants at the end of the seminar.

Subject-related events that are suitable for compulsory further training are marked accordingly.
However, the final decision on recognition is reserved for the body responsible for the participant.
In the case of face-to-face events, ASG will provide all participants with a list of participants.
If you do not wish to appear on this list, please inform us in advance of the event (at least 7 days in advance).

3.3 Webinars

To participate, the CUSTOMER must meet the technical requirements explained by ASG during the registration process (e.g., stable internet connection, current browser version, speakers or headset, etc.).

The CUSTOMER usually receives a test link along with the access data two working days before the training to the email address provided during registration. The CUSTOMER is responsible for ensuring the technical requirements are met.

Any failure of the CUSTOMER’s technical requirements, including during the webinar, does not release them from the contractual payment obligation. The CUSTOMER is obliged to keep the access data carefully, not to pass them on to unauthorized third parties, and to protect them from unauthorized access. The CUSTOMER is also obliged to keep the provided registration data, especially contact information, up to date.

4. Withdrawal, Cancellation Fees, Rebooking

4.1 In-house Seminars

The following fees apply for cancellations:

  • Cancellation up to 30 days before the start of training: free of charge
  • Cancellation between 15 and 29 days before the start of training: 50% of the in-house seminar fee plus VAT
  • Cancellation within 14 days before the start of training: 100% of the in-house seminar fee plus VAT

For in-house seminars, instead of cancellation, it is possible to rebook to another available date, free of charge, in coordination with ASG. Rebooking is only possible once within the current calendar year.

4.2 Open Seminars and Workshops

The following fees apply for cancellations:

  • Cancellation up to 42 days before the start of training: free of charge
  • Cancellation between 15 and 41 days before the start of training: 50% of the seminar participation fee plus VAT
  • Cancellation within 14 days before the start of training and after invoicing: 100% of the seminar participation fee plus VAT

This also applies if the registered participant does not show up. For open seminars, it is possible to name a substitute participant at any time free of charge instead of cancellation.

4.3 Webinars

The following fees apply for cancellations:

  • Cancellation up to 14 days before the start of training: free of charge
  • Cancellation within 14 days before the start of training: 100% of the participation fee plus VAT

This also applies if the registered participant does not log in. For webinars, it is possible to name a substitute participant free of charge instead of cancellation.

4.4 Cancellation Deadlines

The date of receipt by ASG is decisive for compliance with cancellation deadlines. Cancellations and rebookings must generally be made in writing (by post or email). These will be confirmed in writing by ASG. Cancellation fees will be offset against any fees already paid.

5. Training Content and Implementation

The subject of the respective order is the execution of the booked training or other agreed services, but not a specific result.

The trainers/course leaders conduct the training exclusively on behalf of and in the name of ASG. If the CUSTOMER is interested in additional and/or follow-up training with the trainers/course leaders used, the booking must be made through ASG for 24 months from the end of the training.

A participation certificate can only be obtained if a participant attends the entire training continuously. Splitting the training among multiple participants is not possible. Partial booking is only possible in exceptional cases and upon request.

The trainers/seminar leaders prepare and conduct the training carefully and conscientiously. ASG assumes no liability for the timeliness, correctness, and completeness of the materials or the execution of the training.

ASG is entitled to subcontract parts of an order to third parties, even without the CUSTOMER’s consent.

6. Procedure, Cancellation/Postponement of Training

All training corresponds to the scope and content bindingly specified in the individual offer, subject to necessary organizational or content-related changes, as long as these do not significantly alter the overall character of the training. ASG may replace the initially scheduled trainer/seminar leader with equally qualified persons at its discretion.

ASG is entitled to cancel or postpone training for reasons beyond its control, especially if the minimum number of participants is not reached, if the trainer/seminar leader is ill, or other unavoidable failures (e.g., maintenance work, internet outage, etc.). Notification is sent immediately by email to the CUSTOMER’s contact details.

An unavoidable cancellation by ASG does not lead to claims for compensation for futile expenses (e.g., travel costs, room rental) from the CUSTOMER. Nor does it lead to a right of withdrawal for the CUSTOMER. Both parties will instead endeavor to determine a prompt replacement date.

7. Protection and Copyright

ASG reserves all rights to the materials, results, calculations, etc., created by its employees or trainers/course leaders, especially copyright and trademark rights. Seminar materials or parts thereof may not be reproduced or made publicly accessible without ASG’s consent and may only be used for private or other personal use.

Without ASG’s consent, ASG’s trademarks may not be used, except for certificates issued by ASG.

8. Photo, Video, and Audio Recordings

Photos or video recordings may be made during training. These recordings are only made available to the participants of the training. If the CUSTOMER does not agree to the recording of their person or the upload of the content, they should contact the trainer.

If the recordings are to be used for advertising purposes, ASG will obtain the CUSTOMER’s consent separately.

9. Set-off, Retention

The CUSTOMER has a right of set-off or retention only if their counterclaims are legally established or acknowledged in writing by ASG and if the opposing claims are not mutual obligations.

The above exclusion of the right of retention does not apply if the CUSTOMER is a consumer according to § 13 BGB.

10. Right of Withdrawal for Consumers in Distance Contracts

Consumers have a statutory right of withdrawal for distance contracts (contracts where the entrepreneur or a person acting on their behalf and the consumer exclusively use remote communication means for contract negotiations and conclusion). A consumer according to § 13 BGB is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Withdrawal Policy

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

Withdrawal Period

The withdrawal period for services (seminars, workshops, and webinars) is 14 days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us,

Applicative Systems GmbH
Steinweg 29a
38100 Braunschweig

Phone: +49 1523 7191800
Email: service@applicative.systems

by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you without undue delay and at the latest within 14 days from the day we received your notification of withdrawal from this contract. We will use the same payment method for this reimbursement that you used for the initial transaction unless expressly agreed otherwise with you. In no case will you be charged fees for this reimbursement. If you requested to start the performance of services during the withdrawal period, you must pay us an amount proportional to the services already provided up to the point you notify us of the exercise of the right of withdrawal concerning this contract compared to the full coverage of the contract.

End of Withdrawal Policy

 

Sample Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

  • To Applicative Systems GmbH, Steinweg 29a, 38100 Braunschweig, Email: service@applicative.systems
  • I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
  • Ordered on ()/received on ()
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only for notification on paper)
  • Date

(*) Delete as appropriate.

11. Liability

ASG is liable

  • Unlimitedly for intent or gross negligence,
  • For injury to life, body, or health,
  • According to the provisions of the Product Liability Act, and
  • To the extent of a guarantee assumed by the contractor.

For the simple negligent violation of a duty essential to achieving the contractual purpose (cardinal obligation), ASG’s liability is limited in amount to the damage foreseeable and typical for the type of business in question.

A material contractual obligation is an obligation the fulfillment of which is essential for the proper
performance of a contract in the first place and on the fulfillment of which the
CUSTOMER may regularly rely on.
Other claims for damages by the CUSTOMER are excluded.
The limitations of the above provisions shall also apply in favor of the legal representatives and vicarious
representatives and vicarious agents of ASG if claims are asserted directly against them.

There is no further liability on the part of ASG.

12. Naming as Reference Customer

ASG shall be entitled to name the CUSTOMER as a reference customer in its advertising materials, unless otherwise agreed. This information may also be provided online, for example on ASG's company website, including the presentation of the CUSTOMER's company logo. For this purpose, the CUSTOMER shall grant ASG a simple, non-transferable right of use, unlimited in time and space, with regard to the name and trademark rights required for this purpose.

The CUSTOMER may refuse its consent at any time without stating reasons and may revoke consent once given. In the second case, ASG remains entitled to use advertising material that has already been created.

13. Changes to the GTC

ASG reserves the right to change these GTC at any time. Changes will be communicated to the CUSTOMER in writing at least four weeks before they take effect. If the CUSTOMER does not object to the changes within four weeks after receipt of the notification, the changes are deemed accepted. The CUSTOMER will be specifically informed of the right to object and the consequences of a failure to object in the change notification.

14. Severability Clause

Should any provision of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, ASG and CUSTOMER shall agree on a provision which comes as close as possible to the economic purpose and which they would reasonably have agreed upon,
if they had considered the ineffectiveness or impracticability of the respective provision when concluding this contract. The ineffective provision shall be replaced by a legally effective provision that comes as close as possible to the economic purpose. The same applies to any contractual gaps.

15. Final Provisions

Side agreements, changes, or additions must be in written form to be effective. This also applies to the waiver of the written form requirement.

There are no verbal collateral agreements.

German substantive law applies to the exclusion of the UN Sales Convention.

The place of performance is the seat of ASG. If the CUSTOMER is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all claims in connection with the business relationship is the seat of ASG. ASG is also entitled to sue at the CUSTOMER’s general place of jurisdiction.

If the CUSTOMER moves their residence or habitual residence outside the jurisdiction of the Federal Republic of Germany after the conclusion of the contract, the place of jurisdiction for all disputes arising from this agreement is the seat of ASG. The same applies if the CUSTOMER’s residence or habitual residence is unknown at the time of the action.

The text of the contract and these terms and conditions in German is authoritative.

Deviating or supplementary terms and conditions of the CUSTOMER do not become part of the contract unless ASG has expressly agreed to their validity in writing.

The EU Commission provides an internet platform for online dispute resolution (“ODR platform”) at https://ec.europa.eu/consumers/odr/. This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase contracts. We are neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.