General terms and conditions of business - NobleProg Europe, Berlin

§ 1 Contracting parties

This contract is concluded between us, NobleProg Europe GmbH, Kolonnenstr. 8, 10827 Berlin (referred to here as “NobleProg”) and you as the client. The subject of the contract is the implementation of seminars, training courses and consulting services by NobleProg. The client must ensure that the contract is concluded by an authorized representative.

Since our range of services is tailored to the professional sector, we assume that you want to use our services as a business and therefore special consumer protection regulations do not apply.

This contract becomes valid as soon as we have received your booking request - usually by sending a registration form - and confirmed your booking to you. If we do not receive a complete form, in the event of a booking confirmation we will assume that these terms and conditions are accepted by both parties.

We ask for your understanding that, in addition to these General Terms and Conditions, we cannot include any General Terms and Conditions provided by you in the contractual relationship.

Any other changes to this contract or the terms and conditions are not binding unless we have agreed to them in writing. This also applies if you have modified the booking form to make the changes you requested clear.

§ 2 Bookings

A complete registration form should be submitted via our NobleProg website or sent by fax or mail. Until we have received the completely and correctly completed registration form, we can only reserve a place for your participants in training courses without obligation, subject to payment as set out below.

§ 3 Costs

We publish our scheduled prices on our website; However, we can only quantify the final costs, which depend in particular on the number of participants and the availability of trainers, in the booking confirmation. Please check your booking confirmation carefully.

§ 4 Payment conditions

By concluding the contract, you agree to pay the full agreed fees within up to 14 days from the invoice date. Unless otherwise agreed in writing, late payment can be treated by us as a cancellation. The cancellation conditions mentioned below can therefore apply.

§ 5 Cancellation conditions

Cancellations and postponements must be submitted to us immediately - at the latest at least 3 weeks before the training date (received by us in text form).

You may incur cancellation fees amounting to a percentage of the agreed training fees; This depends on the period in which we receive the cancellation before the agreed start of the training.

less than 3 weeks: 100% of the published training fees

3 to 6 weeks: 50% of published training fees

more than 6 weeks: 0% (cancellation free of charge)

§ 6 Rebooking and replacement of training participants

It may be possible to rebook for other training courses; Here it depends on availability. In any case, this is only possible on a standby basis.

Cancellation fees may still apply if there is no timely notification (see § 5). Any rebooking may incur a fee of €30 plus VAT per participant to cover administration costs.

It is possible to replace participants for the booked training with comparable prior knowledge of the training content. There are no fees for this.

§ 7 Cancellation and change of appointment by NobleProg

NobleProg reserves the right to cancel or postpone any training or part of this training at any time. If NobleProg has to cancel or postpone a training course, participants will be offered an alternative date or the option to withdraw from the training with a refund of the costs. We cannot accept responsibility for any additional costs incurred by you as a result of canceling or changing the date.

§ 8 Copyright

We would like to point out that there may be copyrights to training materials, so any use beyond the training is only permitted with specific express consent.

NobleProg assumes that you have software licenses for all training courses that we hold at your request in this regard, regardless of the training location or hardware used, whether provided by us or by you. Otherwise, you are obliged to indemnify us against third-party claims upon first request.

§ 9 Training content

The current content of the courses can be seen on our website; this may change from time to time and should be checked when booking.

We aim to cover all parts of the training in detail as shown in the training overview, but this cannot be guaranteed. The course instructor may, at the request of the participants or at his own discretion, change the course content in justified cases or adapt it to requirements.

The training is deemed to be progressively satisfactory in the customer's mind until the customer points out that this is not the case and points out the differences between the previously agreed course content and the course content currently being covered.

The duration of the training can vary depending on the number of participants, the speed of the class and the ability of the participants. Training usually takes place daily from 9:30 a.m. to 4:30 p.m. with a one-hour lunch break and short refreshment breaks.

§ 10 Documentation

Documentation may be provided for some courses and may vary in style and depth. Please inquire in advance regarding prices for purchasing copies, duplication and licensing. There will be separate accounting in this regard.

§ 11 Participant experience and behavior

All participants are expected to behave appropriately at all times in connection with the training.

Participants must have the required level of knowledge for the respective training. If this is not the case, this can have a major impact on the quality of the training.

Inexperienced, unqualified, but also too knowledgeable and experienced participants can take the training, but must be aware that the success of the course will be limited and the course instructor cannot specifically adapt to the needs of these participants - unless: this was previously agreed otherwise.

We reserve the right to exclude participants from the course at any time (without refunding fees) if they cause disruption or delay due to any of the reasons set out above, or if their qualifications and current experience make it impossible to complete the course as originally intended to keep.

We reserve the right to end a course early (without refunding fees) if participants do not behave appropriately, in particular if they cause disruption or if their experience and qualifications do not make it possible to continue the course in terms of content and depth to hold as it was intended.

Any resulting claims relating to delays or disruptions to us by customers or participants will be charged to the person who caused these disruptions.

§ 12 Non-competition clause / contractual penalty

Up to 12 months after completion of the training, neither party may (unless expressly agreed otherwise in writing) attempt to employ or commission any person from the other party who was involved in the agreed service. In particular, you as the client are not permitted to poach the course instructors provided by NobleProg during this period.

If you do not comply with this regulation, you are obliged to pay NobleProg a contractual penalty corresponding to the gross salary or remuneration agreed with this person for the first 12 months of employment or assignment. If you do not provide proof of this gross salary or the agreed remuneration, the contractual penalty is a flat rate of €250,000.00 plus VAT.

§ 13 Liability

NobleProg assumes no liability with regard to the services booked - in particular with regard to individual training content or for items brought along by course participants. Excluded from this are claims for damages by the client resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by NobleProg, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

In the event of a breach of essential contractual obligations, NobleProg is only liable for the contract-typical, foreseeable damage if this was caused simply by negligence, unless it concerns claims for damages resulting from injury to life, body or health.

The aforementioned restrictions also apply in favor of NobleProg's legal representatives and vicarious agents if claims are asserted directly against them.

§ 14 Place of jurisdiction / contract changes / severability clause

Berlin is agreed as the place of jurisdiction. German law applies to the business relationship.

Verbal collateral agreements do not exist. Changes and additions to the contractual agreements must be in text form to be effective. This also applies to the waiver of this requirement.

The remaining parts of the contract remain binding even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will be ineffective.

§ 15 Declaration of consent under data protection law;

It is very important to us to offer you professional advice and services for further business relationships.

For this purpose, we would like to collect and process certain personal data for project-related purposes. This data is collected and remains with our administrator NobleProg Ltd, CentralPoint, 45 Beech Street, LONDON, EC2Y 8AD, United Kingdom. This data is processed there. The legal basis for this processing is your consent, see Article 9 Paragraph 2 Letter a GDPR.

Of course, we will treat the data entrusted to us as strictly confidential and responsibly.

With my signature, I agree that my personal data (contact and address details, etc.) will be stored and processed in order to be able to offer you future projects. I also agree that I can be contacted using the contact details I have provided (by telephone, email, Skype, etc.).

I can revoke this consent at any time - but only with effect for the future - by email: schulungen@nobleprog.de.

LIABILITY

NOBLEPROG ASSUMES NO LIABILITY AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS RELATING TO THE OPERATION OF THE CODE, METHODS OR EXAMPLES PRESENTED DURING THE TRAINING. FURTHER, NOBLEPROG DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR OTHER CHARACTERISTICS OF ANY MATERIAL PROVIDED THROUGH THE TRAINING MATERIAL. USERS HEREBY ACKNOWLEDGE THAT NOBLEPROG SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING DIRECTLY OR INDIRECTLY FROM THE USE OR PROVISION OF THE TRAINING MATERIALS AND THE ADVICE PROVIDED DURING THE TRAINING, WHETHER RESULTING IN WHOLE OR IN PART FROM NEGLIGENCE OR OTHERWISE ORHEREASEEN CAUSES OUTSIDE CONTROL.

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