1. Scope of Validity
These General Terms and Conditions govern the contractual relationship between best-practice innovations GmbH (hereinafter called: “b-pi GmbH”) and the participant of open trainings and the contractual relationship between b-pi GmbH and customers ordering an in-house training. Any conflicting or deviating general terms and conditions of the participant or customer will not form part of the contract.
2. Registration/Registration Confirmation/Contract Closing
The customer can register for a training course via b-pi’s website, by letter, fax or email. Upon receipt of the registration, the participant will receive a registration confirmation. Final written confirmation of the training will be sent to you at least 14 days before it is due to start.
An in-house training order is normally preceded by an individual offer made to the customer by b-pi in response to an inquiry. The training course contract is closed by the customer order confirming all agreements.
The training course fee covers the transmission of the training course contents as described on the homepage of b-pi GmbH or in individual offers.
For open training courses, the training course fee applies to each participant and training course date scheduled. For in-house training courses the fee applies to each training course scheduled and the agreed number of participants.
The training course fee for open training courses includes training course documentation and the examination fee as well as lunch and liquid refreshments during breaks. The training course fee for in-house seminars does not include the training course documentation and examination fees; these are invoiced separately.
The examination fee covers registration for the examination, examination materials, conduction and evaluation of the examination, and certificate issue and delivery by AGMP.
4. Success Guarantee
Any participant of open training courses who does not successfully pass the exam the first time can take the exam a second time free of charge. The examination fee for the second attempt will be paid by b-pi GmbH.
5. Best Price Guarantee
Upon proof that another training provider offers the same training course at a lower price, b-pi GmbH will only charge the participant this lower fee, if the offer of the other training provider is not older than 4 weeks and actually available.
6. Customer Co-operation Duty
The customer of an in-house training course is obliged to provide the required support and co-operation for the entire duration of the training course, e.g. punctual transmission of participant lists, acceptance of document deliveries, provision of appropriate rooms and technical infrastructure, as well as the appointment of an internal contact person.
Any breach of the duty to co-operate will be borne by the customer. In the event of the impossibility to provide services as a consequence of the breach of this duty, b-pi will be released from its service obligation and can charge the complete training course fee.
7. Seminar Fees, Terms and Conditions of Payment
The training course fee is set forth in the respective training course description on the homepage of b-pi GmbH. For in-house training courses, it is stated in the individual offer. The training course fee is shown net of statutory value-added tax.
The training course fee is due and payable immediately after receipt of the invoice issued at the end of the training course. A temporary hindrance to attend the training course will not result in a reduction of the training course fee. If a participant/customer is in default of payment, b-pi GmbH is entitled to charge late payment interest at a rate of 5% p.a. above the base rate (§ 247 par. 1 German Civil Code).
8. Cancellation and Changes
Participants may cancel their booking for an open training course up to 15 business days prior to the start of the training course free of charge. Cancellation must be declared in writing. If cancellation occurs later or the participant fails to appear, b-pi GmbH is entitled to invoice the participant the full seminar fee. In the event of hindrance, the participant may nominate a replacement candidate in time. The participant is also entitled to provide proof that b-pi GmbH suffered no or less damage than the imposed cancellation fee.
If b-pi GmbH cannot conduct an open training course for organizational reasons, e.g. due to unavailability of an instructor, force majeure or the failure to achieve the minimum number of participants, b-pi GmbH may cancel the training course. Participants will be informed immediately. Cancellation of a training course due to insufficient number of participants must be made known at least 14 days before start of the training course.
In-house training courses are excluded from cancellation by the customer. The parties will agree to a new date as soon as possible. The same applies if the in-house training course has to be cancelled by b-pi for organizational reasons.
b-pi GmbH provides its services with great care. It chooses qualified instructors and endeavours to constantly update training course contents. b-pi GmbH therefore reserves the right to make any necessary changes in training course content. b-pi GmbH shall not be liable for failure to pass the examination. However, they will pay the examination fees for a second attempt in accordance with the success guarantee.
b-pi GmbH is liable in full and without limitation only for its intentional conduct. In the case of open training courses, liability for gross negligence is limited in amount to typically foreseeable damage. In the event of ordinary negligence, b-pi GmbH shall be liable only for breach of a contractual duty or for delay, and only up to the amount of the training course fee.
For in-house seminars, liability for gross negligence is also limited to the amount of the training course fee.
10. Protection of Intellectual Property
The printed training material (courseware) is protected by copyright, all rights belong to b-pi or the copyright owner mentioned in the documents. b-pi GmbH grants the individual participants in open and in-house trainings the non-exclusive right, unlimited in time and location, to use the courseware for the intended purpose of his professional development. Any usage beyond that requires prior written consent by b-pi. It is in particular forbidden to copy, duplicate, distribute, alter or translate the courseware, or any part thereof. Commercial use of the courseware is strictly prohibited.
11. Consumer Cancellation Right
Consumers are entitled to cancel their contract declaration in written form (letter, fax, email). No reason for cancellation need be given. The cancellation period is 14 days, beginning with the receipt of a separate notice of the right of cancellation after order placement. Your right to cancel expires if you participate in the training. Cancellation is free of charge. The deadline is met by timely dispatch of the cancellation notice to:
best-practice innovations GmbH
or by email to firstname.lastname@example.org
Participants and business partners’ personal data (first name, last name, address, email address) are used by best-practice innovations GmbH for internal purposes only , i.e.stored, processed and used for service provision and billing. This data is only passed on to third parties, such as instructors or exam accreditation firms (i.e. APMG, PeopleCert, TÜV Süd Akademie GmbH, DEKRA Certification GmbH), for registration and conduct of the trainings and exam/certification .
13. Concluding Provisions
If a provision of these General Terms and Conditions is or becomes void, the remaining contract provisions shall not be affected thereby. The contract parties will replace the void provision with one that in legally valid manner most closely approximates the meaning and intent of the void provision.
German law, excluding the provisions of the UN Sales Law Convention (CISG), shall apply. Place of jurisdiction is Cologne.