General Business Terms

Stand: January 2023

Scope

The following general business terms apply to all training services provided by tfk technologies GmbH headquartered in Munich (tfk) and affiliated companies. Verbal side arrangements and covenants by tfk employees require written confirmation in order to be legally valid.

Application | contract conclusion

Applications for training can be made in electronic form (e.g. by e-mail), in writing, by telephone, or by fax. The training agreement is concluded if tfk confirms the acceptance of the application in electronic form (e.g. by e-mail), in writing or by fax. Applications will be considered by tfk in the order they have been received. The customer is to promptly check the confirmation for accuracy and raise any objections, if need be, within 2 working days.

Fees

tfk provides training services based on the price list applicable at the time of application, or in individual cases, based on the offer received electronically (via email), in writing or by fax. The fees quoted are for each participant plus the applicable VAT on the day of invoicing. The entire fee is to be paid even in the event of partial participation. The fees include the training materials provided by tfk and the use of the technical equipment and systems provided by tfk. The fees also include refreshments and – in the case of full-day training sessions – lunch for each participant. >Other costs, especially travel, subsistence and overnight accommodation expenses are to be borne by the customer.

Terms of payment

For our Huawei training program in preparation for the Huawei certification (HCNA/HCNP) in the area of “Enterprise Networks”

- The billing is done 14 days before the start of training.

- Unless otherwise agreed in detail, payments are due immediately and without delay no later than one week before the beginning of training.

For all other training services

- The billing for the training service is done at the end of the respective event. 

Upon receipt of the invoice, the amount due is to be immediately paid into the specified account. All prices quoted include the applicable VAT at the time of invoicing.

Duration of training

Unless otherwise agreed in detail, the training sessions begin at 9:00 AM and end at 4:00 PM.

Documents | certificate

The training sessions will be conducted in the language specified in our offer. Each participant will receive course materials in that respective language, unless otherwise agreed. All documents provided by tfk are protected by copyright. They are exclusively available to the training participants. Full or partial duplication, editing, translation and distribution to third parties as well as dissemination in any form, especially for the purposes of independent training, is prohibited without the prior written consent of tfk. Each participant will receive a participation certificate at the end of the training.

Withdrawal

tfk has the right to withdraw from an agreement up to 14 days before the beginning of training if economical execution of training is not possible or if one or more trainers(s) is/are prevented from taking part and no adequate replacement can be found. The withdrawal can be submitted in writing, by fax, or in electronic form (by e-mail). The customer has the right to withdraw from the agreement without reason until the beginning of training. The withdrawal can be done in writing, by fax, or in electronic form (by e-mail). If the withdrawal occurs at least 14 days before the beginning of training, no fees need to be paid. If it occurs less than 14 days but at least 7 calendar days before the beginning of training, 50% of the fee is due for payment. If it occurs less than 7 calendar days before the beginning of training, then 100% of the fee is due for payment. The critical point in time for the withdrawal is the date of receipt of the corresponding withdrawal declaration by tfk. The customer has the right to name a substitute participant if he/she meets the participant prerequisites. This requires a separate application from the substitute participant.

Service disruptions

If a training session falls through for reasons related to the trainer, due to force majeure or other unforeseeable events, the customer has no entitlement to a substitute trainer for the training. The canceled training will be rescheduled at a later date. Costs, expenses, damages or other economic disadvantages that the customer incurs in connection with the cancelation of a training session will not be compensated.

Liability

If training takes place in the facilities or on the properties of third parties, tfk shall not be liable to the participants in the event of accidents and loss or damage to his/her property, unless tfk or tfk employees were culpable for the damage or caused it by gross negligence. tfk is not liable for personal and property damage (theft, etc.) in connection with the provision of training.

Data protection

Order processing at tfk is done by means of automatic data processing. The customer hereby explicitly agrees to the processing of data, which have been disclosed to tfk within the scope of the contractual relations and are necessary for the order processing. The customer further agrees that the data tfk has obtained through the business relationship with him will be used for business purposes in accordance with the German Federal Data Protection Act.

Final provisions

The customer is not authorized to assign his claims arising from this agreement. The place of performance and jurisdiction is Munich if the customer is a businessman. However, tfk is entitled to sue the customer in any other legal jurisdiction. The laws of the Federal Republic of Germany shall apply. The Vienna Convention (UNCITRAL) on International Trade Law is excluded.

©2017 tfk technologies GmbH