General terms and conditions of TOP Business GmbH
A. GENERAL
1. The company
TOP Business GmbH provides competent, independent consulting and training services in the area of information and telecommunications technology, organizational and management development. Our range of services covers open standard training as well as special, customized consultancy work, seminars, workshops and other services, not only in-house on the client's premises but also in our own training centers and in hotels. Our consultants and trainers are practice-oriented and usually have many years of industrial experience.
2. Quality policy
TOP Business GmbH is accredited to DIN EN ISO 9001:2008 and a member of both, 3GPP and EFQM. Our company philosophy is characterized by the business excellence approach of the European Foundation of Quality Management.
3. Area of validity
The following standard terms and conditions of business form the basis of collaboration be-tween TOP Business GmbH and the client. They shall apply to all services by TOP Business GmbH unless otherwise agreed upon in writing. Any deviating terms and conditions from the client shall not apply unless they are confirmed in writing by TOP Business GmbH. These standard terms and conditions of business and price lists render all earlier standard terms and conditions and price lists invalid. The basis of all contracts is formed by the specifications in our catalogue or in our offers, whereby slight deviations are possible. The conditions for participation referred to shall apply. Contracts will be handled with the use of an electronic data processing system. Necessary cli-ent data will be saved. TOP Business GmbH agrees to comply with the provisions of the Data Protection Act. TOP Business GmbH agrees to honor any kind of commercial and business secrets of its partici-pants and/or clients and TOP Business GmbH does not pass them on to any third party.
B. STANDARD TERMS AND CONDITIONS FOR TRAINING, COACHING, WORKSHOPS, MEDIATION
1. Conclusion of contracts
1.1. Clients shall book in writing for open standard training. Bookings may be made by telephone but shall be confirmed without delay in writing. After the client's booking is received, a confir-mation of the booking will be returned in writing. About three weeks before the start of the event the client will be sent an invitation with additional necessary information (location, itiner-ary, directions to the event, hotel suggestions, etc.).
1.2. Contracts for customized training, seminars, workshops and other services must be in writing and usually come into being following an offer from TOP Business GmbH and the appropriate written order from the client.
2. Cancellations of open standard training by the client
2.1. All cancellations by the client shall be in writing. There shall be no charge if they are received by TOP Business GmbH not later than four weeks before the start of the event. A handling charge of fifty percent (50%) of the price will be levied for cancellations up to two weeks before the start of the event. Full tuition fee (100%) will be charged for cancellations after this date or for no-show of the student.
2.2. The client will be given an opportunity to send a substitute to standard training sessions with-out any extra charges. However, the substitute must fulfil the prerequisites outlined for the event.
2.3. The client will be given an opportunity to show proof that TOP Business GmbH did not suffer any loss through the cancellation, or that the loss was considerably less than the cancellation fee.
3. Cancellations of customized training, seminars, workshops and other services by the client
3.1. All client cancellations of customized training, seminars, workshops and other service shall be made in writing. There shall be no fee if they are received no later than four weeks before the start of the event. The client will be invoiced for costs accrued by TOP Business GmbH for the preparation of the agreed services before the cancellation.
3.2. A cancellation fee in the amount of the fifty percent of the agreed price (50%) shall be invoiced in the case of cancellations less than four weeks before the start of the agreed services. A cancellation fee in the amount of the agreed price (100%) shall be invoiced in the case of cancellations less then two weeks before the start of the agreed services.
3.3. The client will be given an opportunity to show proof that TOP Business GmbH did not suffer any loss through the cancellation, or that the loss was considerably less than the cancellation fee.
3.4. Training frame agreements with dedicated customers may provide different cancellation terms.
4. Cancellation by TOP Business GmbH
4.1. In the event that the number of participants is too small, and in cases of force majeure, TOP Business GmbH reserves the right to cancel training, seminars or other services. If the number of participants is insufficient, the client will be informed no less than two weeks before the start of the event and as soon as possible in cases of force majeure. Payments which have already been made will be returned as soon as possible.
4.2. Force majeure in the meaning of this provision includes but is not limited to labour disputes, infringements of contract by sub-contractors and vicarious agents, illness, accidents, earth-quakes, fire, flooding, belligerent actions and other circumstances which are beyond the rea-sonable control of TOP Business GmbH and which prevent the company from fulfilling its contrac-tual obligations.
4.3. Claims by the client for damages or reimbursement of expenses and all other claims by the client are excluded unless TOP Business GmbH or its vicarious agents acted intentionally or with gross negligence or if liability is mandatory under statutes because of the lack of a warranted quality or of an obligation that was decisive for the achievement of the whole contractual pur-pose.
5. Prices, services, terms of payment
5.1. The prices in the currently valid price list of TOP Business GmbH or the agreed prices plus the currently applicable value-added tax shall apply. Invoices shall be due for net payment no later than 14 days after the date of the invoice.
5.2. The price for open standard training includes the required documentation for participants and the use of the necessary technical installations. The prices do not include travel, meals and accommodation. A flat-rate daily charge of Euro 10.00 (obligatory for open training sessions) will be made for snacks and drinks during breaks (coffee, tea, mineral water, soup, fruit). Lunch (on request) will be charged for with Euro 15.00 per person and day (choice of main course, salad, a non-alcoholic drink).
5.3. All services are invoiced in Euro.
5.4 If the client is in default with the payment of the whole price or a part thereof he/she shall pay TOP Business GmbH default interest of 2% above the currently valid basic interest rate of the European Central Bank unless he/she shows proof within a reasonable period that there was no damage caused by the default or that any damage was considerably less than the flat rate.
6. Training in hotels
6.1. Hotel rooms will be booked by the client or by TOP Business GmbH on behalf and for the account of the client. The client shall pay the hotel bills directly to the hotel. The client shall pay the costs of cancelling hotel bookings.
6.2. TOP Business GmbH shall only pay hotel bills for the client if it was agreed upon in a separate written contract. There will be a surcharge to the client for this service of 3% (handling and prefinancing charge).
7. Liability and safety provisions
7.1. TOP Business GmbH shall not be liable for any damage suffered by the client directly or as a result of the implementation or non-implementation of an event unless TOP Business GmbH or its vicarious agents acted intentionally or with gross negligence or if liability is mandatory under statutes because of the lack of a warranted quality or an obligation that was decisive for the achievement of the whole contractual purpose.This shall also apply to any liability for negligence in contracting, incorrect consulting or for in-fringement of secondary contractual duties or liability for tort.
7.2. The respective safety provisions and accident prevention regulations which apply to training in TOP Business GmbH's branches shall apply.
8. Rights to work books, software and manuals
The client may not copy licensed materials and/or make them accessible to third parties with-out the prior written consent of TOP Business GmbH. License materials are training documentation belonging to TOP Business GmbH (work books and manuals) and software of all kinds.
9. Final provisions
9.1. The contractual relationship between TOP Business GmbH and the client shall be governed by the laws of the Federal Republic of Germany.
9.2. The venue for all disputes arising in the context of this contract including summary bill and cheque enforcement proceedings shall be Nuremberg in so far as the client is a general merchant, a legal entity under public law or special assets under public law. TOP Business GmbH may, however, select the court with jurisdiction for the client.
9.3. The parties agree to secondary agreements and amendments to the contract in a written format.
9.4. In the event that individual provisions of these standard terms and conditions or provisions of contracts with TOP Business GmbH are invalid in whole or in part or if they cannot be imple-mented, this shall not affect the validity of the remaining contract. The parties agree in such cases to replace the invalid or impracticable provision by a valid or practicable provision which realizes as far as possible the economic target.
TOP Business GmbH
Beuthener Sraße 45
90471 Nürnberg