Terms and Conditions for ARCA-Consult GmbH
Seminars and Training Events
1.1 Seminar and training programme
The services offered by ARCA-Consult GmbH (in the following ARCA-Consult) also include seminars and training events. They are aimed at the following participant groups: Employees and self-employed consultants and entrepreneurs with the goal of obtaining certification – mainly the “Information Security Foundation” and “Information Security Professional” qualifications and employees – and managers of companies who must be familiar with the content and management of information security relating to the implementation and upgrading of an information security management system. The programme is not aimed at consumers in the meaning of Section 13 German Civil Code (BGB), unless they are enrolled at a further education institution or university and are seeking to acquire knowledge of information security as part of their academic course.
All services rendered as part of the seminar and training programme are based on these Terms & Conditions, which are accepted upon registration. These ARCA-Consult T&Cs shall apply exclusively. Any deviating terms and conditions of the participants do not apply, even without an explicit objection by ARCA-Consult. Moreover, the participant hereby waives the use of their own T&Cs.
2. Registration and contractual conclusion
Participants may register for training in writing, by fax or online. Registrations that are received via the internet will be confirmed. The confirmation of registration is usually sent within 48 hours, not counting Saturdays, Sundays and public holidays. The contract is not entered into, registration for the training confirmed and the training contract concluded until the confirmation of registration has been sent to the email address provided during registration. Other procedures may apply to group registrations by companies, especially for in-house training.
Potential participants are invited to register for seminars and training either individually or – for in-house seminars and training – as a group. ARCA-Consult’s contractual partner for in-house training is exclusively the commissioning company and not the individual participants.
Registrations will be confirmed in the order they are received in the event that the number of registrations exceeds the maximum available places.
4. Right of withdrawal, cancellations, changes, guarantees
Registrations may be withdrawn free of charge up to 29 days prior to the start of training (not counting the day on which training actually begins). Cancellations between the 28th and 15th calendar day before the start of training incur a cancellation fee as stated in the event information. In the event of cancellation within 14 calendar days prior to the start of training or a no-show, we will invoice the full cost of the event, excluding the examination fee, plus VAT at the applicable rate.
These provisions apply to all training courses, training packages and to in-house training, irrespective of where the training is actually provided. It is also irrelevant whether the participants are registered as a group or independently and travel to the training sessions independently to a venue designated by ARCA-Consult.
4.2 Cancellation by ARCA-Consult
ARCA-Consult reserves the right to cancel or reschedule for good cause (such as a failure to reach the minimum number of participants depending on the type of training, absence of the trainer at short notice due to illness or force majeure). Where ARCA-Consult cancels an event, it will attempt to rebook participants on another date and/or at another venue, provided that the participants agree to this procedure. If an event is cancelled or rescheduled for good cause, ARCA-Consult will either refund any training fees already paid or, at the participant’s request, offset them against the cost of an alternative date or another training course offered by ARCA-Consult; claims for liability and damages against ARCA-Consult will be excluded in this case, for example due to cancellation costs incurred by the participant for travel and accommodation.
Participants are not entitled to reduce the participation fees or to withdraw from the contract in the following cases:
- ARCA-Consult reserves the right to replace a scheduled trainer with another trainer with the appropriate qualifications and, if required, is accredited with the accreditation body for the training in question.
- Individual contents or the agenda may also deviate from the description, provided the deviation from the topics stated in the event description is insignificant.
- Moreover, ARCA-Consult reserves the right to change examination providers and therefore the issuing body of the personal certificate at any time, provided the examination content and level are equivalent.
5. Participation fee, due date
The participation fee consists of the price for the event (seminar or training) and, if applicable, the examination fee. These prices apply to the scope of services listed in the confirmation of registration and are given in euro (plus VAT). The total amount is due 14 days prior to the training date. The total amount is due 14 days prior to the first training date for package bookings comprising several training events. Participants who attend only some of the training events are not entitled to reduce the price. Travel and accommodation are paid for by the participants themselves.
6. Copyright and rights to use the seminar and training materials
ARCA-Consult grants participants a non-exclusive, permanent, irrevocable and non-transferable right to use the training and training materials provided as part of events for their own purposes. These rights also extend to tools such as electronic presentation files and templates used for training purposes. ARCA-Consult reserves all rights, including the rights of translation, reprinting and reproduction of the training materials, also of excerpts. Training materials and excerpts thereof may not be reproduced in any form, in particular processed, duplicated, distributed or used for public dissemination using electronic systems, without the written consent of ARCA-Consult.
In addition, the software used in the training events is protected by copyright and other proprietary rights and may therefore not be copied or processed in any other machine-readable form and may not be removed from the training room.
The contents of the ARCA-Consult seminar and training events are taught in such a way that interested and attentive participants will be able to achieve the goals of the seminar or training. ARCA-Consult makes no guarantees for success.
ARCA-Consult is liable for intent and gross negligence irrespective of the legal basis of liability as well as in cases of mandatory statutory liability, in particular in the event of the assumption of a guarantee or in the event of culpable injury to life, limb and health. In cases of ordinary negligence, liability in the event of a breach of material contractual obligations shall be limited to the typically foreseeable damage, unless the damage results from injury to life, limb or health. Liability is capped at €10,000 for individual claims. Liability for ordinary negligence is otherwise excluded.
Data storage media brought by participants must never be transferred to computers belonging to ARCA-Consult. Where ARCA-Consult reserves the right to exercise claims for damages in the event that it is harmed by an infringement of this provision.
ARCA-Consult cannot guarantee that mentioned products, processes and other names are free of property rights of third parties and shall not be liable in this regard.
The law of the Federal Republic of Germany applies to the conclusion and performance of contracts.
The place of fulfilment is Pfaffenhofen an der Ilm. Ingolstadt is the exclusive place of jurisdiction for legal disputes arising from contracts with merchants, legal entities under public law or special funds under public law.
Changes and additions to these provisions must be in writing and marked accordingly. This applies in regard to the written form requirement as well. Implied waivers are void.