Allgemeine Geschäftsbedingungen

General Business Terms for Seminars

Registration

You can register by filling in a form enclosed to the seminar catalogue, by post, fax, and email but also informally with Werner Seeger Qualitätsmanagement Romania SRL (WSQR SRL). After announcing yourself on the phone please hand in a written confirmation later on. You will receive written confirmation of participation.

Cancellation/Refunding

Participants/ ordering customers have to cancel their participation at an event in writing. The calculation of the amount refunded depends on the date you send your cancelling (obligatory is the date of the postal stamp). Up to 30 days before the beginning of an organised event the cancelling is free, up to 14 days 25 % of the seminar fee will be charged in your invoice. In the case of a later withdrawal you have to pay 75 % of the seminar fee respectively 100 % of the fee if your cancel your participation on the day of the event beginning. If you present a medical certificate at the beginning of an event we refund 75% of the fee.

You may of course hand over the registration to another colleague in your company. Requests to WSQR SRL for the implementation of company training courses and similar events such as consulting services are binding.

WSQR SRL reserves the right, also in the case of confirmed events for organisational or other serious reasons (if too few participants) to cancel the event up to three days beforehand. However we do our best in such a case to offer alternatives. If the event fails – for example in the case of force majeure – claims for recourse cannot be imputed to WSQR SRL.

Event conditions

The necessary conditions for attendance to the event can be seen in the seminar description. WSQR SRL reserves the right not to admit a participant to an event if it is obvious they do not fulfil the requirements.

Seminar prices

The terms and conditions are to be found along with our current price list. At training courses and similar events such as consulting services the conditions of the dedicated offer are available. Intermitent attendance does not incur a lower seminar price. All prices are subject to applicable VAT.

Invoicing procedure

The invoicing procedure occurs on the last day of the course. Payment is due within ten days of the invoice date.

Running of the seminar

The seminar location is in the seminar description or provided in the timetable (in the case of corporate events in the offer or confirmation of order). We reserve the right to change the location of the seminar. The seminars begin at 9:00 and comprise 8 classes of 45 minutes per day. In the seminars organised in hotels, the seminar times will be set separately according to topic. Lastly, the information in the confirmation of registration is valid.

Accommodation/Hotel

The participant or customer, respectively, must ensure about accommodation during an event. If for an event or seminar the hotel reservation (or the accommodation, respectively) is provided through WSQR SRL, this is on behalf of the customer. The special conditions offered by WSQR SRL shall be communicated to the participant, or customer, respectively.

Liability

WSQR SRL is liable to the participant/customer only for intentional and grossly negligent conduct. The personal liability of employees or sub-contractors, working as agents for WSQR SRL, is excluded. WSQR SRL is not liable for indirect damage (e.g. consequential damage, damage to property or loss of profit), nor for loss of data and/or programmes. All claims for compensation are subject to being statute-barred after 12 months.

Data protection/Confidentiality

WSQR SRL undertakes to handle any information – irrespective of its type – concerning business and/or internal issues of the participant/customer confidentially. The participant/customer agrees to the processing of their data, which applies to the aim of the contract, and for keeping the customers and interested parties updated. However, they may give up this right at any time.

Place of jurisdiction

The place of jurisdiction for any contention within or in connection with the terms of the contract with WSQR SRL is Sibiu.

Terms of business of SC Werner Seeger Qualitätsmanagement Romania SRL (WSOR)

§ 1 Type and complexity of services

(1) Werner Seeger Qualitätsmanagement Romania SRL (WSQR SRL) provides services for customer support in the form of consulting, training sessions, and seminars in the fields of business organisation, development, and further development of management systems. Type, location, and complexity of services are determined and decided upon in respective contracts.

(2) WSQR SRL provides the services according to this contract and following the stipulated technical level and with personnel qualified for providing the agreed services.

(3) WSQR SRL is entitled to provide services also through a third party.

(4) Work contract services are not subject to the contract.

§ 2 Assistance services for customers

Customers will be supported by WSQR SRL in providing services to a reasonable extent. Particularly, they will put at our disposal all the demanded information and documents necessary thoroughly and in good time. Further assistance services require separate agreement. The adequate data protection is the responsibility of the customer. To what an extent material support will be necessary is up to client endorsement.

§ 3 Rights to embodied service results

WSQR SRL gives the customer the non-exclusive, permanent, irrevocable, non-transferable right, provided under the contract, to the embodied service results, unless this is the purpose and use of the contract. These rights include the agreed interim results, training documents and auxiliary materials.

§ 4 Remuneration

The remuneration of services is the payment for the expenditure of time of the service agreed upon under contract. Material expenditure will be remunerated separately. Waiting time for which the customers are responsible during the working hours WSQR SRL employees/consultants will be incurred by the customers. By law, travel and subsistence expenses paid for by WSQR SRL within these services with used employees/freelance contract partners will be billed on to the customers. As far as the incurred legal travel expenses are concerned, they will be reimbursed, if this has been separately agreed to by contract. Unless expressly agreed otherwise, total prices and total periods specified in the offers are non-binding estimates of the amount of costs and time to be expected based on specialist estimates.

The remuneration for the running of training and consultancy days takes place according to the agreed fixed price. One day comprises minimum 6 full hours including the breaks. Additional costs and loss of time will be paid for separately. The customer is only entitled to offsetting, if their counter claims have been stated legally binding, undisputed or recognised by WSQR SRL.

A withholding right on the part of the customer is excluded unless the counterclaim arises from the same contractual relationship and is undisputed, acknowledged in writing or legally stipulated.

§ 5 Qualitative service disruption

(1) If the service is not provided according to contract or if it is defective and WSQR SRL is responsible for this, it is under obligation to provide the service without additional costs to the customer in accordance with contract terms within a reasonable period of time. The condition is that there should be a written complaint from the customer, which must be submitted immediately and at the latest within two weeks of it becoming known.

(2) If the service is not provided in accordance with the contract for reasons that can be attributed to WSQR SRL within a reasonable period of grace, which must be set expressly by the customer, the customer shall be entitled to terminate the contract.

§ 6 Periods for recovering of payment/Arrears

The prices indicated above are exclusively net prices excluding the statutory value added tax. The due date of payment begins with the invoice date. If the customer is in complete or partial default regarding the payment of a bill, WSQR SRL is entitled to bill an interest of 15 per cent per year from the specified date. WSQR SRL is entitled to withhold providing services as well as remaining services only against advance payment or provision of a security.

§ 7 Exemption from legal vice

(1) A prerequisite for a liability for defects is that WSQR SRL should be notified by the customer within 14 days of first finding out about the existence of such claims. Further on, the WSQR SRL customer has to assign all negotiations of defence and settlement to WSQR SRL. They also need to grant WSQR SRL all necessary authorisations for taking measures in and out of court. They cannot acknowledge third-party claims without written agreement from WSQR SRL or the defence of claims or otherwise influence through actions not agreed beforehand with WSQR SRL.

(2) Should claims against customers against legal vice liability be asserted, WSQR SRL has the right to change or replace services at its own cost, to the extent to which these can be expected to be acceptable to the customer.

(3) Further claims by the customer as to an infringement of proprietary rights of a third party are excluded. This exclusion does not apply in case of other existing guarantees or warranted quality, if a defect is fraudulently concealed, in cases of personal injury as well as wrongful intent or gross negligence.

§ 8 Liability

Claims for damages of any kind against WSQR SRL, their statutory representatives, employees, and their agents, particularly on such grounds as tortious liability, breach of duty, and infringement of contractual obligations specified in Romanian legislation, are restricted to intentional and grossly negligent behaviour.

The WSQR SRL is liable in the case of wilful intent and gross negligence of its assistant, who do not hold management positions, only to an extent of the typically foreseeable damage.

The limitations of liability according to the aforementioned paragraphs 1-2 do not apply if life-endangering injuries, bodily harm or health damage have occurred, due to the breach of cardinal duties or if because of a breach of product liability legislation. The WSQR SRL undertakes no liability for providing services for prospective success.

The claims for damages against respective other contract partners will be prescribed if not brought to court 3 years after the breach of duty at the latest, according to legal provisions. In the case of data loss WSQR SRL shall only be liable for the expenses required to restore the data subject to proper data storage by the customer.

§ 9 Data protection/confidentiality

(1) WSQR SRL shall acquire, process and use participants’ personal data only to the extent that they are required for the structuring, execution, performance and amendment of the contractual relationship entered into with the customer. Details of customers will be passed on by WSQR SRL only for the achievement of the necessary services and to third parties, only inasmuch as this serves the fulfilment of their demands and wishes, especially if needed to reach the goals of the execution of the contract. WSQR SRL keeps collecting personal data so as to be able to keep the customers and interested parties informed about what is new. The customer may revoke their consent for the retaining of personal data for the future at any time.

(2) WSQR SRL is entitled to further share personal data to third parties according to paragraphs 1-2 above, as long as this is necessary for the fulfilling of contractual obligations.

(3) Customers may stay assured that WSQR SRL will sent them a written notice in the case of all relevant matters ensuing from this, the knowledge of which is necessary due to data protection and confidentiality. The customer is responsible for compliance with all laws and policies on data protection and IT security.

§ 10 Final provisions

Any changes shall be made in writing. This also applies for the alteration of this clause. Further terms and conditions for business are excluded, except if otherwise agreed.

If the customer is a businessperson, a legal entity in public law, or special property under public law, the court of jurisdiction of WSQR SRL is currently Neuburg/Donau. The WSQR SRL is however entitled to call customers to court in this default location.

Date: August 2009

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