General Terms and Conditions
Deloitte SAM Academy
Status June 2015
Deloitte GmbH Wirtschaftsprüfungsgesellschaft (hereinafter “Deloitte Germany” or “Deloitte SAM Academy“), specialist in Software Asset Management, offers various training courses for companies, in the area of Software License Management. Through the binding registration to any of our training events the attendee declares that he has read and accepts these terms & conditions.
2. Registration, Contract Conclusion
2.1 You can register for one of our training events via e-mail at: firstname.lastname@example.org
Registration becomes binding upon receipt by the Deloitte SAM Academy.
2.2 Within 5 working days upon receipt of your registration, the Deloitte SAM Academy will either send you a confirmation or rejection in response to your registration. In both cases the correspondence will be by e-mail. You will be sent a rejection when your chosen training event has been oversubscribed. With the issue of the confirmation and in conjunction with these terms & conditions, this concludes the contract.
2.3 The number of participants is regularly limited. Bookings received by the Deloitte SAM Academy will be accepted on a strictly “first come, first served” basis.
2.4 The participant will be informed in cases where the training course is already oversubscribed, or if there is a change to the advertised format.
3. Right of withdrawal for consumers in terms of § 13 BGB
3.1 Right of withdrawal
You have the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract (date of confirmation according to clause 2.2).
To exercise the right of withdrawal, you must inform us (Deloitte GmbH Wirtschaftsprüfungsgesellschaft, Schwannstrasse 6, 40476 Düsseldorf) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
3.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
- End of information concerning the exercise of the right of withdrawal –
4. Services and Charges
4.1 The incurred training costs are excluding VAT, and this will have to be added to the overall costs. The course fee includes all training material and documentation, as well as refreshments during breaks. All-day courses routinely include a shared lunch. Please check the relevant training program for more detailed information pertaining to training scope, costs and available hospitality.
4.2 The invoice will be issued direct after the event. The invoiced amount is to be paid in full immediately without any reduction.
5. Obligations of the participant
5.1 At the time of registration the attendee is required to provide proof of identity, i.e. is obliged to provide details of all relevant personal information. Should changes occur during the contract period regarding any of the details (incl. bank account or credit card details) that were provided as part of the registration process, then you must inform the Deloitte SAM Academy immediately.
5.2 The attendee is obliged to pay the total amount charged within the agreed time frame. In case of late payment, the Deloitte SAM Academy reserves the right to levy additional charges, with the amount being statutory regulated.
6.1 If the registration of a booked training is cancelled until up to 14 days prior to the beginning of the event, a 50.00 EUR (pre-tax) handling fee will be charged. You will receive a credit voucher by the SAM Academy for this amount for a later booking to the same topic. The handling fee is omitted if the registered participant has provided a substitute participant.
6.2 Cancelling the registration with between 14 – 5 days prior to the beginning of the event will result in 50% of the training costs being due (see 4.1 above). Thereafter the full training cost will have to be paid.
6.3 Only attending part of the training does not entitle an abatement of the training costs, except if the Deloitte SAM Academy has explicitly stated this to be the case.
6.4 If a participant is unable to attend, due to sudden illness and is able to prove this through a doctor’s note, the full amount still has to be paid. However in this case the participant is given the opportunity of attending the booked training or a comparably priced one without any additional costs.
6.5 If a cancellation occurs within between 4 week and 14 days prior to the beginning of the event of an individually arranged inhouse training (offers outside the generally offered training program) the participants and the Deloitte SAM Academy will find a replacement date for the inhouse training. The Deloitte SAM Academy will offer at least 2 dates in the subsequent weeks. If the participant is unable to attend one of the two replacement dates, 50% of the stipulated training cost will be charged.
A cancellation later than 14 days before the beginning of the training equates to the full training costs being charged.
6.6 The cancellation (incl. the reason) as well as the registration of the substitute participant must be in written form and sent by either fax, post or email (email@example.com) to the Deloitte SAM Academy. The deciding factor in determining the above listed cancellation periods is when the notification has been received by the Deloitte SAM Academy.
7. Change of Trainer and Event Cancellation
7.1 In case the designated trainer becomes unavailable, the Deloitte SAM Academy has the option to provide an appropriate substitute trainer and / or make changes to the organizational procedure, in order to avoid having to cancel the event. Where necessary, e.g. change of time table, the registered entrant will be informed in due time of any changes.
7.2 If a training event has to be cancelled, e.g. due to insufficient numbers of participants, unavailability of substitute trainer or similarly consequential reasons, the participant will receive a corresponding notification right away. Any training costs received will be reimbursed immediately. The participant is not entitled to any further claims. Paragraph 10 remains intact.
8. Data Protection
8.1 The collection, handling and usage or personal data of participants are under strict adherence of the data privacy standards.
8.2 Personal data collected of the participant or company (name, address, role, e-mail address) as part of the registration process will exclusively be used and processed to establish and complete the contractual relationship with the Deloitte SAM Academy, as well as for our own promotional purpose. The participant can decline for his details to be used for advertising purposes by the Deloitte SAM Academy, and has to do so in writing, i.e. fax, post or e-mail (firstname.lastname@example.org).
9. Limitation of Liability
The liability of Deloitte Germany for claims of compensatory damages of any kind for an individual case of damage resulting from negligence pursuant to section 54a WPO (Accountant Act, Wirtschaftsprüferordnung) is limited to an amount of EUR 5.000.000 (“Maximum Liability Amount”).
Should you require an increase of the Maximum Liability Amount in a particular case, this may be covered by individual risk insurance. The additional costs for increasing the Maximum Liability Amount shall be borne by you.
An individual case of damages also exists in relation to a uniform damage arising from a number of breaches of duty. The individual case of damages encompasses all consequences from a breach of duty without taking into account whether the damages occurred in one year or in a number of successive years. In this case multiple acts or omissions of acts based on a similar source of error or on a source of error of an equivalent nature are deemed to be a uniform breach of duty if the matters in question are legally or economically connected to one another. In this event the claim against Deloitte Germany is limited to the Maximum Liability Amount.
The aforementioned provisions shall also apply to third parties, as far as their liability claims are based on the fact that they are included in the engagement‘s scope of protection (Vertrag mit Schutzwirkung zu Gunsten Dritter). Your contributory negligence, if any, will be taken into account also towards third parties. You and any third parties being included in the engagement’s scope of protection may claim the maximum liability amount only once, and shall be, as far as their claims exceed the maximum liability amount, joint and several creditors (Gesamtgläubiger) within the meaning of § 428 BGB (German Civil Code). Deloitte Germany is entitled to defenses (Einwendungen) in connection with the engagement also towards any third parties being included in the engagement’s scope of protection.
10 Usage Rights
All usage rights pertaining to any of our trainings material issued remain with the Deloitte SAM Academy or the respective holder of the right. The participant is permitted to use the material for private information or follow-up purposes. Notably, reproduction, distribution or any alternative utilization of the trainings documents or as the case may be the content or part of, is prohibited.
11. Final Cause
11.1 Site letters, changes and addendums to the contractual relationship have to be made in writing. This also applies to renunciation of the written form requirements.
11.2 German Law shall apply. In case the participant is a merchant or sole trader, a corporate body under public law, or special fund under public law, the place of jurisdiction is the registered office of the Deloitte SAM Academy for all disputes arising from the contractual relationship between the participant and the Deloitte SAM Academy.
11.3 If the English legal meaning of this General Terms and Conditions differs from the German legal meaning, the German meaning shall prevail.
Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
Deloitte GmbH Wirtschaftsprüfungsgesellschaft
or via e-mail at: email@example.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper), Date
(*)Delete as appropriate.