General Terms and Conditions of tectrain GmbH These General Terms and Conditions apply to every offer by tectrain. Validity: from July 2019.
- General basics / Scope of application
- Type & scope of consulting assignment / Representation
- Order placement · Cancellation of orders by the customer
- Cancellation of individual participants
- Decision on the execution of the consulting assignment
- Invoicing and payment of course fees
- Payment default
- Place and time of performance
- Jurisdiction and applicable law
- Contact address
General basics / Scope of application
1.1 These General Terms and Conditions shall exclusively apply to all legal transactions between the client and tectrain. The valid version at the time of contract conclusion shall be decisive.
1.2 These General Terms and Conditions shall also apply to all future contractual relationships, even if this is not expressly indicated for additional contracts.
1.3 Contradictory general terms and conditions of the client shall be invalid unless tectrain explicitly recognizes them in writing.
1.4 In the event that individual provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded under their basis. The invalid provision shall be replaced by an effective provision that comes closest to its meaning and economic purpose.
Art & Scope of the Consultancy Assignment / Substitution
2.1 The scope of a specific consultancy assignment is contractually agreed upon in each individual case.
2.2 tectrain is authorized to have all or part of its duties performed by third parties. The payment of the third party is made exclusively by tectrain. There is no direct contractual relationship between the third party and the client.
2.3 The client undertakes not to enter into any business relationship with persons or companies used by tectrain to fulfill its contractual obligations, during or up to 24 months after the termination of this contractual relationship. The client will not commission these persons or companies in particular with such or similar consulting services offered by tectrain.
2.4 Costs for accommodation, meals, mobility, copies, and the like are not included in the consultancy assignment. The course fees remain unchanged during the duration of the event. These are to be borne by the client.
Placement of Orders
3.1 An order is considered to have been placed when:
3.1.1 a written order confirmation or a written appointment reservation is available.
3.1.2 an oral appointment reservation is available, provided that it is clearly apparent from the circumstances that the client was willing to receive the respective service at the intended time or if it was apparent to him that tectrain has reserved the corresponding dates and resources.
3.1.3 a framework offer or framework order confirmation is available and the further procedure is regulated in separate plans (e.g. project plans). The reserved dates, non-terminable working days or other resources in accordance with the valid project plan are considered as placed orders.
3.1.4 a written offer is available and tectrain has begun work with the customer's open agreement.
Cancellation of Orders by the Client
4.1 If the client withdraws prematurely from his order, he must pay for the already incurred expenses.
4.2 The cancellation can be made in writing (by email, fax, or post) and will be confirmed by tectrain.
4.3 In addition, he owes tectrain compensation for lost revenues, which depend on the time of the cancellation. This compensation becomes due regardless of whether tectrain manages to acquire another order for the respective time or not.
4.4 In the case of an order definition according to 3.1.3, the compensation-bearing order volume is all that was two months beyond the termination date of the order according to the plans or otherwise provided for.
4.5 If the order is placed 4 months (120 calendar days) or more before the defined start date of the order, the following payments become due:
4.5.1 0% for cancellation up to 91 calendar days in advance
4.5.2 50% for cancellation 61 to 90 calendar days in advance
4.5.3 75% for cancellation 31 to 60 calendar days in advance
4.5.4 100% for cancellation 30 or fewer calendar days in advance
4.6 The approach according to 4.5 also applies if tectrain cannot carry out an order because the client has not provided services or fulfilled conditions that would have been his responsibility (e.g. seminar participants are not present or in a number that does not allow the seminar to be conducted in the original manner).
4.7 If a replacement date for fulfillment can be agreed upon within two months, the payments according to 4.5 or 4.6 shall be waived. Payments made can be credited against a similar order if it is placed within two months after the canceled order.
Cancellation of individual participants
5.1 The withdrawal of an individual participant's registration can be made in writing (by email, fax or post). The cancellation will be confirmed by tectrain.
5.2 If the participant's registration is cancelled before the defined start date, the following payments are due:
5.2.1 0% for cancellation up to 91 calendar days before
5.2.2 50% for cancellation 61 to 90 calendar days before
5.2.3 75% for cancellation 31 to 60 calendar days before
5.2.4 100% for cancellation 30 or fewer calendar days before
5.3 If a substitute person can be organized for a participant who is unable to attend, no cancellation fees will be charged.
5.4 In case of non-use of the educational service (cancellation, non-attendance) by participants, the entire fee is generally owed. No discounts are granted and no fees are refunded.
Decision on the execution of the consulting contract
6.1 The execution of all educational assignments (trainings, consulting, events, etc.) is subject to the condition that a sufficiently large number of participants can be recruited. If a consulting contract does not materialize, the registered persons will be informed shortly after the registration deadline has expired.
6.2 The client will be informed about the minimum number of participants and the maximum number of participants that are relevant for the execution when the offer is made.
6.3 tectrain is not liable for damages resulting from a possible non-performance of educational events.
Invoicing and Payment of Course Fees
7.1 The invoice will generally be issued in the currency in which the educational services are published. For educational projects, invoices will be issued in CHF for Switzerland, EUR for the EU, and USD or other agreed currency for Asia. Invoicing for educational services will be done 30 days before the start of the course.
7.2 The payment period is generally 30 days from the date of the invoice.
8.1 If the third reminder is not paid, the debt collection process will be initiated. Interest on arrears is reserved.
9.1 tectrain is not liable if a consulting assignment does not meet the expectations of the participant. Participants are obliged to pay the tuition fee regardless of the personal content-related and pedagogical evaluation of the consulting or training assignment.
10.1 tectrain treats all company and personal data that it learns in connection with its activities or generates through its activities as strictly confidential. It does not disclose them to unauthorized third parties. Exceptions are permissible if an organization or individual authorizes tectrain to do so. The naming of customer names is also permissible for general reference purposes.
10.2 Personal data that is particularly sensitive (e.g., personality profiles) is handled by tectrain with the necessary care, which complies at least with the provisions of the Swiss Federal Data Protection Act.
10.3 If individual, person-specific reports on individual members of an organization are created in the context of orders, tectrain regards these individuals as the only authorized recipients of this information, regardless of who placed the order or paid for it.
10.4 Reports or information in accordance with clause 10.3 are generally only given to these authorized persons. Reports or information to other persons, in particular other members of the organization and superiors, are only given with their consent.
10.5 A different procedure to that described in clause 10.4 is permitted if another approach is considered appropriate and has been agreed upon in a way that is recognizable for all parties involved (e.g., in the context of aptitude assessments, assessments, employee surveys, etc.). If the relevant employees have been informed of the different approach in advance and do not object, it is considered accepted.
11.1 The copyrights to the works created by tectrain and its employees and commissioned third parties in connection with a consulting assignment (in particular offers, reports, analyses, organizational plans, performance descriptions, drafts, drawings, teaching materials and documents, etc.) remain with tectrain. During and after the contractual relationship, the client may use the work exclusively for purposes covered by the contract. The client is not authorized to reproduce and/or distribute the work without the express consent of tectrain. Under no circumstances will an unauthorized reproduction/distribution of the work create any liability of tectrain, particularly with respect to the accuracy of the work, towards third parties.
11.2 A violation by the client of these provisions entitles tectrain to immediately terminate the contractual relationship and to assert other legal claims, particularly for injunctive relief and/or damages.
11.3 The reproduction of event content in publications must be done correctly. The use of teaching materials, teaching concepts, and submitted documents for teaching or other purposes requires the written consent of tectrain.
- Location and time of implementation 12.1 Unless otherwise agreed in the contract, the client is responsible for the organization and provision of the event location and necessary infrastructure.
12.2 The implementation of the consulting assignment (implementation dates and duration, location of implementation) will be agreed in the individual contract.
12.3 If the agreed implementation date is postponed and the tectrain agrees to these deviations, the tectrain may invoice the additional willingness to perform appropriately, unless the tectrain is at fault.
Place of jurisdiction and applicable law
13.1 These General Terms and Conditions and the contracts concluded on the basis of these General Terms and Conditions are governed by Swiss law. The customer acknowledges Zurich as the place of jurisdiction for all legal disputes with tectrain.
14.1 For further questions regarding education assignments, offers, or registration, the following contact address should be used:
tectrain GmbH Ammerswilerstrasse 19A CH - 5600 Lenzburg