1.         Introduction

1.1     These general terms and conditions (“T&Cs”) shall apply to the Program for which the Customer has enrolled one or more of its employees to participate, or an individual Customer, who has signed up to participate (“Participant(s)”). The agreement is binding once the request to participate in the Program has been confirmed by BELLIN in writing.

1.2     If a BELLIN Framework Agreement (“Agreement”) has been signed and this Agreement is still in force the terms of the Agreement shall prevail over the terms of these T&Cs unless the respective title of a clause is expressly marked with an asterisk (*) in which case the respective section (in its entirety) or the respective part of a section (if the title is marked with an asterisk) is applicable in addition to the terms of the Agreement.

 

2.       Scope of the T&Cs (*)

2.1.    The Program will be conducted in English. The Program shall enable the Participants to work with the modules of the tm5 software (“Software”) and if the Program has been successfully concluded by the participant, the participant will receive a certificate for the respective module covered by the respective Program.

2.2.    The Program will be conducted in accordance with the Program scope published by BELLIN from time to time. BELLIN shall not be responsible for any economic success or whatever result a Participant might expect.

 

3.       Program fees (*)

3.1.    Once a Program has been confirmed by BELLIN the Customer has to pay the Program fees within 14 business days but in any case, before the Program begins.

3.2.    Paid fees will not be refunded by BELLIN with the exception of section 4 below.

3.3.    All prices and fees quoted on BELLIN’s websites or flyers are exclusive of the applicable value added tax.

 

4.       Postponement and Cancelation (*)

4.1.    The Program will be provided with the content as released by BELLIN from time to time. BELLIN will confirm to the Participant place, date and schedule of the Program.

4.2.    Confirmed Program sessions may be canceled in writing by the Customer at least four weeks before the session begins free of charge. If no alternative date can be found a cancelation fee will be owed by the Customer according to section 4.3. below.

4.3.    If the Customer has to cancel a confirmed Program the following cancelation fees will apply:

10% of the Program fee: if the cancelation occurs more than 20 business days before the Program takes place.

50% of the Program fees: if the cancelation occurs between 14 business and 20 business days before the Program takes place.

100% of the Program fees: if the cancelation occurs less than 14 business days before the Program takes place.

 

5.         Ownership, usage rights and copyrights

5.1       The Customer may use the Program material for its own business purposes only. BELLIN is the owner of all Program materials and copyrights and all other intellectual property rights regarding Program materials shall be vested with BELLIN.

5.2.      The Customer and the Participants shall refrain from any reproduction, copy, transmission and/or distribution of any Program materials to third parties unless prior written permission has been obtained by BELLIN.

 

6.         Confidentiality

6.1       The parties undertake to treat all confidential information that come to their attention in connection with the Program as confidential.

6.2       Such information shall not be shared with third parties unless such disclosure is required in connection with the Program and the provided usage rights and disclosure to such third party is protected by an appropriate written confidentiality undertaking as provided herein.

6.3.      The duty to maintain confidentiality shall not apply to information that has been or becomes publicly available, or the recipient of the information has come to know or acquired independently of the contractual relationship of the Parties, or that has been lawfully obtained via third parties.

6.4.      The obligation of confidentiality shall continue in effect for an indefinite period of time.

 

7.         Warranty and Limitation of Liability

7.1.      BELLIN warrants that services provided in connection with the Program shall be performed in accordance with recognized principles of information technology and that BELLIN employees will be selected and trained according to the requirements of their position and responsibilities.

7.2.      The Parties assume unlimited liability for damages caused by willful misconduct or gross negligence on behalf of the Parties and/or their auxiliary persons, as well as for damages resulting from injury to life, body or health or in case of fraud. The liability for simple negligence shall be limited (as far as legally permitted) to the fees paid for the Program and only for breaches of essential contract obligations; in any case the liability is limited to predictable and typical damage at the time the Program has been booked by the Customer.

 

8.         Final Provisions

8.1.      Should individual provisions of these T&Cs be invalid or ineffective, the validity of the remaining provisions shall remain unaffected. The Parties shall endeavor to replace the invalid or ineffective provisions by other valid and enforceable provisions which come as close as possible to the legal or economic content of the invalid or ineffective provision. Changes and additions to these T&Cs must be made in writing.

8.2.      These T&Cs shall be governed by, and construed in accordance with the laws of the Federal Republic of Germany, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 and all its amendments.

8.3.      The place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be the registered office of BELLIN.

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