General terms and conditions
for seminars and other training services of the
General terms and conditionsfor seminars and other training services of
DXC Technology Deutschland GmbH
DE 65760 Eschborn, Germany
Date: November 2020
1. Registration, conclusion of the contract
- The client can also register the participant directly in writing by letter or fax for the seminars and dates mentioned in the seminar program or on the DXC Academy website. The registrations are booked in the order of receipt. A few days later you will receive a confirmation of registration (date of contract conclusion) with further information. The data will be stored electronically for internal purposes only.
- The contract for open seminars (circle of participants not specified) comes off with entrance of the registration confirmation of the DXC Academy with the client. The contract for in-house or customer seminars is concluded with the acceptance by the client of a written offer made by the DXC Academy. Both open seminars and in-house or customer seminars can be held as presence seminars, can be carried out as a virtual learning offer or in a combination of both types.
- The seminars can be developed and changed by the DXC Academy at short notice.
2. Prices, price changes, remuneration, terms of payment, withdrawal
- The price for a seminar is specified in the currently valid seminar program / offer or Internet presence of the DXC Academy as net price and closes with open presence seminars if necessary accompanying material, the lunch menu and the drinks during breaks as well as computer use if necessary. Not included are the participant's travel and accommodation expenses. In the case of virtual learning offerings, the electronic accompanying material is provided within the scope of § 3. Not included in the price for virtual learning offers are in particular additional costs incurred by the user such as telephone charges and access to the Internet as well as the subscriber computers. For in-house or customer seminars, the exact scope of services is described in the offer.
- With publication of a new seminar program in particular also in the Internet appearance of the DXC Academy the past loses its validity. If a new price list is published before the start of the seminar, price reductions will be passed on to the contractual partner. Price increases will only be passed on to the contractual partner if there are more than 4 months between the day of the conclusion of the contract and the beginning of the seminar. If the price increase amounts to more than 5%, the contractual partner has the right to withdraw from the contract within 2 weeks of receipt of the new seminar program.
- The remuneration for the open seminar will be invoiced together with the binding invitation plus the applicable statutory value added tax, which is due for payment immediately after receipt. For in-house or customer seminars, the total remuneration will be invoiced after the seminar has been carried out.
- If the customer cancels the seminar services for in-house or customer seminars less than 5 weeks before a registered and confirmed date, then the total remuneration agreed upon according to the order less the amount scheduled for meals / documents will be invoiced and paid by the customer.
- If the customer cancels an open seminar service with face-to-face seminars or virtual learning offers less than 5 weeks before a registered and confirmed date the seminar services, then the participation fee agreed upon according to the order will be refunded against provision of the accompanying material, if this was intended for use, invoiced and paid by the customer. If the DXC Academy cancels the seminar services for in-house or customer seminars less than 5 weeks before a registered and confirmed date, then the DXC Academy has to provide free of charge for a spare date and/or a spare room. Excluded from this is a cancellation through no fault of the participant, especially due to illness of the speaker according to the presentation of a medical certificate.
- In case of an open seminar performance the DXC Academy reserves the right to in case of insufficient number of participants until one week prior to the beginning of the seminar, to cancel the seminar without legal consequences. In addition, the seminar service can be cancelled at any time for good cause - e.g. due to illness of the instructor - can be cancelled without negative legal consequences for the DXC Academy. If the DXC Academy should cancel without good reason, it has to provide for an alternate date or room; further legal consequences for the DXC Academy do not arise.
- If more than 5 weeks before a registered and confirmed date the seminar service is cancelled by one of the contractual partners, neither of the contracting parties shall incur any costs or obligations.
- Postponements of any kind are treated as cancellations. Reservations or cancellations must be made in writing.
3. Rights of use
- Standard training documents are all seminar documents, in particular books or scripts, which have not been specially developed for the client. These standard training documents are handed out to a participant in physical or electronic form before or during the seminar, the DXC Academy grants the client and its participants a non-exclusive, non-transferable right of use for the purpose of learning. The client is not entitled to duplicate, translate, edit, distribute, demonstrate or commercially exploit these documents.
- Scripts are all works that have been developed for the purpose of training and not specifically for the client. The DXC Academy grants the client a non-exclusive and non-transferable right of use for these scripts, which the client receives in text form, to use the scripts only for internal purposes of the client. The client is not entitled to make the scripts available to third parties or to exploit them commercially. This applies even if the client produces a new work with the help of a screenplay. In the event that the client produces a new work with the help of the respective screenplay, then he may not make this work accessible to third parties and economically exploit it without the prior consent of the DXC Academy. The latter is only permitted with the consent of the DXC Academy and against payment of an appropriate fee to DXC Academy, unless otherwise agreed in individual cases.
- Videos are all works that have been developed for the purpose of education and not specifically for the client. The DXC Academy grants the client a non-exclusive and non-transferable right of use for these videos, which the client receives as a digital file, to use the videos only for internal purposes of the client. The client is not entitled to make the videos available to third parties or to exploit them commercially. This applies even if the client produces a new work with the help of a video. In the event that the client creates a new work with the help of the respective video, then he may not make this work accessible to third parties and economically exploit it without the prior consent of the DXC Academy. The latter is only permitted with the consent of the DXC Academy and against payment of an appropriate fee to DXC Academy, unless otherwise agreed in individual cases.
- Licensed materials are data processing programs or data files (files/databases) in machine-readable form provided for seminar purposes including associated documentation. The client and his participant are not authorized to use license material, which is handed over or provided in electronic form for training purposes, to edit, change, make available to third parties or use it beyond the duration of the seminar.
The DXC Academy only pays damages, no matter for which legal reason (e.g. breach of duty or unauthorized action):
- in the case of intent or fraudulent misrepresentation in the full amount; in the case of gross negligence or in the case of errors despite assumed guarantee only in the amount of the foreseeable damage which should have been prevented by the duty of care or the guarantee
- in other cases: only from violation of an essential obligation, if this endangers the purpose of the contract, from delay and from impossibility, always limited to EUR 125.000,-- per case of damage, in total with a maximum of EUR 250.000,-- from the contract
5. Participant's obligations to cooperate
- For virtual learning offers, certain technical requirements must be met by the participant. The information about the technical requirements can be found in the respective offer or seminar description.
- The client and its participants undertake not to misuse the access to the license material and not to misuse the license material, in which it is disturbed, changed or damaged by viruses, trojans, worms etc. DXC Technology uses regularly updated anti-virus software and recommends this to the client/participant. In case of delivery of files by e-mail, cloud or any other remote transmission, the client/participant is is responsible for a final check of the transferred files and texts.
6. Terms of contract
- For all orders placed with the DXC Academy by the client, the terms and conditions of this contract apply exclusively. Deviations are therefore only valid if they have been expressly recognized in writing by the DXC Academy with reference to the amended provision of this contract.
- The regulations of the offer of the DXC Academy have priority over any contradictory clauses of this contract, which in turn take precedence over the General Terms and Conditions of DXC Technology Deutschland GmbH for service, purchase and work contracts.
- Should individual contractual provisions be or become invalid in whole or in part, the rest of the contract shall remain effective. The same shall apply in the event that a loophole is found in this contract. An appropriate provision shall replace any provision that is legally ineffective in whole or in part or to fill the gap, which - as far as legally possible - comes as close as possible to what the parties would have wanted if they had considered the invalidity or the loophole.
- Place of jurisdiction is Frankfurt.
- The contract and its amendments and supplements must be in writing.