Terms and conditions for training opportunities by ARCA-Consult GmbH
1. General terms and conditions
1.1 Training opportunities
The services of ARCA-Consult GmbH (in the following ARCA-Consult) also includes training sessions. All employees, self-employed consultants and entrepreneurs, aiming to reach the certificate of ISO 27001 Foundation or ISO 27001 Professional, as well as, employees and managers of companies, which benefit from the implementation and development of an information security management system, including all of its contents and the usage of the system, can be participants of the training sessions.
The service offer is generally directed towards consumer according to Sec. 13 German Civil Code (BGB), unless the participants are matriculated at a university or at a higher education institution and would like to use the training offer in order to get advanced knowledge about information security within the framework of the course of studies.
The services within the scope of the training offer are subject to the terms and conditions, which will be acknowledged, when registering for a training session. Only these terms and conditions by ARCA-Consult do apply, any deviating terms and conditions are not valid, even though ARCA-Consult does not expressly contradict. Apart from that the participant abandons the use of own terms and conditions.
2. Registration and conclusion of contract
The registration to the training course can be made in written form, via fax or online in the internet. When signing up online, you will be informed with arrival of the registration. In general within 48 hours you will receive a registration confirmation on weekdays (Saturday, Sunday and public holidays excluded). With the registration confirmation, sent to the given email address in the registration, the registration for the training is confirmed and the contract is concluded. For registrations for groups and businesses, in particular for in-house trainings, the registration procedure may differ.
The registration for the training offers can be completed individually or by group registration for in-house trainings. The contracting party of ARCA-Consult for in-house trainings is the delegating company only (not the individual participant). If receiving more registrations, exceeding the maximum number of participants for a training course, the registrations will be accepted in the order of arrival.
3. Data protection
The article on data protection declaration, published on the website of ARCA-Consult applies. However, in particular for the registration and participation of training courses the data protection declaration and declaration of consent apply. Thereby the data of the participants are saved electronically and transmitted to the certificated testing institute (e.g. ICO-Cert) within the scope of the tests.
4. Right of revocation, cancellations, modifications and guarantees
The registration can be revoked 29 calendar days or more before the beginning of the training course free of charge (excluding the day of the beginning of the training course). When cancelling the registration within the 28th and 15th calendar day before the beginning of the training course a cancellation fee will be applied, which is mentioned in the course offer. When cancelling the registration from the 14th calendar day before the beginning of the training course to the day of the beginning of the training or in case of no-show the entire fee for the course with the addition of VAT (excluding the fee for the test) will be charged.
This regulation applies to all training course offers and training packages, as well as in-house trainings, regardless of where the training will take place. Furthermore, it is irrelevant, if the participant are registered in a group or individually and how they will arrive at the venue, mentioned by ARCA-Consult.
The right for cancellation or date changes without notice of exceptional reasons for any other important reason shall remain unaffected to ARCA-Consult (e.g. non-achievement of the minimum number of participants, short-term cancellation due to illness, force majeure). When cancellation by ARCA-Consult, ARCA-Consult will make every effort to rebook the participants to another date or location of the training, if the participants agree to the new conditions. In case of cancellation or date changes because of exceptional reasons paid course fees will be refunded by ARCA-Consult or the costs will be directly assigned to the alternative date of the course or another training course, if the participant agrees to it. Claims of liability and for damages against ARCA-Consult because of cancellation fees for the participant’s travel and accommodation expenses are excluded.
In the following described cases the participants are not entitled to reduce the attendance fees or to terminate the contract:
- ARCA-Consult reserves the right to replace the intended course trainer with another trainer, who is suitably qualified and is an authorized trainer by the accreditation body.
- Furthermore, individual contents and the presentation of the course can differ from the course description, if in terms of themes there are only minor differences from the course description.
- ARCA-Consult, moreover, reserves the right to change the examination body, thus the issuer of the personal certification at any time, if the test content and test level is equivalent.
5. Participation fee, maturity
The participation fee includes the price for the event (training session) and if the service is requested the test fee. The prices in Euros (plus VAT) apply to the scope of service, defined in the registration confirmation. The total amount becomes due 14 days before the beginning of the training course. When booking course packages, which include more individual courses, the total amount becomes due 14 days before the beginning of the first training course. An only occasional participation does not warrant the assumption that the total amount can be reduced. The participant must bear all travel and accommodation expenses.
6. Copyright and usage right of training documents
The participant is entitled to use the training documents, handed out at the training courses, for personal and non-commercial purposes. This right, however, is not exclusive, permanent, irrevocable and non-transferable. This right also includes technical additives, such as electronic data and files for presentations and prime examples, used for the courses. All further rights are reserved, including their translation, reprint and duplication of the training documents or parts of them. Without the written consent of ARCA-Consult training documents may in no form whatsoever, neither partly nor entirely, be reproduced, particularly processed with the usage of electronic systems, duplicated, distributed or communicated in public.
The software, used in the training sessions, is also subject to the copyright and other property rights. Hence, this software may neither be copied, nor in other machine-readable form be processed and may not be removed from the training and seminar area.
The communication of the training courses’ contents and knowledge is created by ARCA-Consult, so that an interested and attentive participant can reach the training objectives. However, ARCA-Consult shall not liable for the individual success. ARCA-Consult shall be liable for intent and gross negligence, independent of the legal basis, in particular for a guarantee that has been assumed, as well as, for negligent injury for life, limb or health. In case of ordinary and simple negligence the liability of ARCA-Consult is limited in the event of infringement of material contractual obligations to the damage that is typically to be expected, unless the damage is based on an injury to life, limb or health. Liability for any one case of damage is limited to a maximum of 10.000 Euros. Apart from that liability shall be excluded for minor negligence.
It is fundamentally prohibited that data carries, brought along by the participants, are played at computers of ARCA-Consult. In case of damage for ARCA-Consult because of infringement, ARCA-Consult retains the assertion of claims for damages.
ARCA-Consult does not warrant and is not liable that mentioned products, procedures and other names are free of intellectual property rights of third parties.
8. Other terms
The law of Federal Republic of Germany applies to the conclusion and procedure of contracts. Place of performance is Pfaffenhofen an der Ilm. The exclusive venue for legal disputes with merchants, legal entities under public law or public-law specific funds based on contracts subjects to Ingolstadt.
Modifications and amendments of these terms and conditions require written form and have to be expressly identified as such. This also applies to the amendments to the written form requirements itself. An implied consent shall be excluded.