Terms & Conditions for Trainings
1. Scope of application
The General Terms and Conditions (GTC) apply to the provision of training, consulting and coaching services for open trainings for individuals and closed company trainings. These terms and conditions apply between SparxSystems Software GmbH (“SparxSystems”) and the respective customer. By placing a written order for the services offered by SparxSystems, the GTC are deemed to have been accepted.
2. Types of training
A distinction must be made between the following types of training:
2.1. eLearning
Definition
The eLearning is suitable for both groups and individuals and can be consumed in self-study via the “Moodle” learning platform. The eLearning is multimedia-based, is offered on various topics and generally consists of theoretical parts and practical examples or exercises. The learning content and the duration of access to the learning platform are predefined or agreed individually with the client, depending on the offer.
Training fees/registration formalities
- The training fees include access to the learning platform with the pre-agreed training content including exercises and the issue of a confirmation of participation.
- Registration must be made in writing and is possible at any time. Access to the learning platform can be provided promptly.
- The training fees for eLearning must be paid in advance. Only after payment has been made will access to the learning platform be activated for the corresponding period.
- If participants make little or no use of the content provided or do not complete exercises, there is no entitlement to an extension of the access period to the learning platform, nor to a refund or reduction of the training fees.
2.2. Public training
Definition
Public trainings have a fixed agenda and are aimed at individual participants. The group is therefore usually made up of participants from different companies and specialist areas. The trainings are held virtually and offered on various topics. The dates are offered on an ongoing basis. If there are more than 5 participants from a company, a company training is recommended, which can be adapted to the needs of the company.
Training fees/registration formalities
- The training fees include the implementation of the training, access to the learning platform with the relevant training content including exercises and the issue of a confirmation of participation.
- Registration must be made in writing. Unless otherwise stated, the registration deadline for a public training is one week before the start of the training.
- Public trainings only take place once the minimum number of participants has been reached. See point 3 for more details.
- The maximum number of participants has proven to be 10. This gives the trainer the opportunity to respond to each individual accordingly.
Cancellation
Cancellations must be made in writing to SparxSystems. The cancellation fees are
- up to the 8th calendar day before the start of training: 0%
- from the 7th calendar day to 2 working days before the start of the training: 50%
- from the day before the training or if no timely written cancellation has been made: 100%
- Documents that have already been sent will be charged.
2.3. Company training
Definition
The company training is organised exclusively for the participants of a company and takes place on site at the client’s premises or virtually, depending on the client’s wishes. The content and scope of the training can be customised to the company’s needs and the implementation period can be agreed individually with the client.
Training fees/registration formalities
- The training fees include the implementation of the training and the issue of a confirmation of participation. Access to the learning platform with the relevant training content including exercises is charged additionally, depending on the offer.
- The order must be made in writing. Unless otherwise stated, the final list of participants must be received by SparxSystems at least one week before the start of the training.
- Company trainings can only be held with a minimum of 5 participants or at least 5 participants must be charged.
- The maximum number of participants has proven to be 10. This gives the trainer the opportunity to respond to each individual accordingly.
Cancellation
Cancellations must be made in writing to SparxSystems. The cancellation fees are
- up to the 15th calendar day before the start of the training: 0%
- from the 14th calendar day to 2 working days before the start of the training: 50% of the ordered training fees
- from the day before the training or if no timely written cancellation has been made: 100%
- Travel and accommodation costs that have already been booked will be charged at 100%.
- Documents that have already been sent will be charged.
2.4. Workshop
Definition
The workshop is organised exclusively for the participants of a company and takes place on site at the client’s premises or virtually, depending on the client’s wishes. The workshop is particularly suitable for using coaching to develop the appropriate modelling approach to previously jointly defined topics and to implement it with Enterprise Architect. A question and a goal are agreed upon and a solution is worked out together. Both the scope of the workshop and the implementation period are agreed individually with the client.
Training fees/registration formalities
- The training fees include the implementation of the workshop and, depending on the offer, the issue of a confirmation of participation. Access to the learning platform with the relevant training content including exercises is charged additionally, depending on the offer.
- The order must be made in writing. Unless otherwise stated, the final list of participants must be received by SparxSystems at least one week before the start of the workshop.
- Unlike the other types of training, a daily fee for the trainer is charged for the workshop, regardless of the number of participants. The maximum number of participants for workshops has proven to be 5. This means that the desired topics can be dealt with effectively.
Cancellation
Cancellations must be made in writing to SparxSystems. The cancellation fees are
- up to the 15th calendar day before the start of the workshop: 0%
- from the 14th calendar day to 2 working days before the start of the workshop: 50% of the daily fee
- from the day before the workshop or if no timely written cancellation has been made: 100%
- Travel and accommodation costs that have already been booked will be charged at 100%.
- Documents that have already been sent will be charged.
3. Cancellation/Postponement by SparxSystems
- Carrying out a public training always requires a minimum number of participants. Public trainings for which the minimum number of participants is not reached can be cancelled by SparxSystems up to 7 calendar days before the start of the training.
- SparxSystems also reserves the right to cancel or postpone training dates of any kind due to illness of the trainer, force majeure or other unforeseen events.
- In the event of cancellation or postponement of the training, participants will be informed immediately by SparxSystems.
- If a company training or workshop is cancelled due to the trainer’s illness, SparxSystems will pay the trainer’s travel and accommodation costs.
4. Terms of payment
- Invoices issued by SparxSystems are payable, including statutory taxes, within 30 days of receipt of the invoice or the agreed payment deadline at the latest, without any deductions and free of charges.
- The invoice is usually issued after the service has been provided, but can also be issued before the service begins, depending on the agreement. An exception is eLearning. In this case, the invoice must be paid before the start of the service.
- In the event of late payment, default interest will be charged. Reminder costs are borne by the client.
5. Disclaimer of liability
In the event of cancellation of a training due to failure to reach the minimum number of participants, illness of the trainer, force majeure or other unforeseen events, there are no claims to the implementation of the training, reimbursement of costs incurred or compensation for loss of work. Liability for damages, including indirect damages, in particular loss of profit or damages to third parties, is excluded. Furthermore, SparxSystems is liable for damages for which SparxSystems is responsible only to the extent that it is guilty of intent or gross negligence.
6. Copyright/Confidentiality
The training documents or parts thereof may not be reproduced, reprinted, translated or passed on to third parties without the authorisation of SparxSystems. Sound, image or film recordings in any form are also expressly prohibited. The participant undertakes to observe the copyright protection and the confidentiality agreement in accordance with the overall contract for the software used in the training and not to make any unauthorised copies.
7. Final provisions
These GTC remain effective in their remaining parts even if individual provisions are legally invalid. The same applies in the event of incompleteness. Any agreement deviating from or supplementing the GTC must be made in writing. The place of jurisdiction is Vienna.