General Terms and Conditions

General information

1. Our conditions of participation apply exclusively; they apply to the processing of consulting, training or similar orders carried out by Apex for the client/participant.

Amendments shall only apply if and insofar as they have been agreed in writing.

2. We do not recognize any terms and conditions that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity in writing.
3. The instructors employed by us shall act exclusively on behalf of and in the name of Apex during their work. The client undertakes to conclude additional, follow-up and new orders exclusively via Apex and not to commission the instructors employed by Apex directly.
4. Upon registration and acceptance by Apex, a business contract is concluded, subject to acceptance of the General Terms and Conditions.
5. Apex shall carry out the orders in accordance with the recognized state of the art in science, technology and legislation at the time of performance.
6. The respective course management is not authorized to change the terms of the contract or to make promises.

Teparticipation fee

1. 1. The respective participation fee is due for payment immediately after invoicing, but no later than four weeks before the order is carried out.

All prices are subject to the applicable statutory value added tax.

If the customer/participant is in default of payment, Apex shall be entitled to charge interest at a rate of 9 percentage points above the base interest rate of the European Central Bank from the date of default, unless Apex can prove a higher interest charge.

Withdrawal / Cancellations

1. Apex may withdraw from the contract,
   – if the required minimum number of participants is not reached,
   – if the course instructor engaged by Apex is unavailable for reasons outside Apex’s sphere of risk (e.g. illness), – if course rooms made available to Apex by third parties for the purpose of conducting the course are no longer available for reasons beyond Apex’s control. illness),
   – if course rooms made available to Apex by third parties for the course are no longer available for reasons beyond Apex’s control, due to unforeseen changes and in the event of disruptions to the course or lessons.
   In these cases, payments already made will be refunded, taking into account the lessons given up to that point; lessons that have not yet been paid for but have been given will be invoiced.
2. The client/participant may withdraw from the contract if the declaration of withdrawal is made in writing (the date of receipt by Apex shall apply). Apex will charge 25% of the total cost of the course in the event of cancellation up to 48 days before the start of the event, 50% up to 30 days before and 75% up to 14 days before. A processing fee of €80 will be charged for cancellations received 48 days before the start of the event.
3. The client/participant is entitled at any time to send a substitute to participate in his/her place. In this case, no cancellation costs will be charged for the course, but we ask for your understanding that a processing fee of € 80.00 will be charged due to the increased effort involved.

Changes

Apex reserves the right to make unscheduled changes and to cancel events (e.g. if the speaker is unable to attend or the number of participants is too low).

If, in exceptional cases, an event is completely canceled, the participation fee paid will be refunded. Further claims are excluded.

Liability

Apex’s liability for damages of any kind, regardless of the legal grounds on which they may arise, shall be limited to cases in which Apex is guilty of intent or gross negligence. Liability pursuant to §§ 276, 278 BGB is excluded.
Liability for personal injury and property damage is limited to € 500,000.00, for financial loss to € 125,000.00.

Obligations of the client/participant to cooperate

1. When providing the contractual service for in-house seminars, the client/participant shall support Apex to the extent necessary. In particular, it shall provide the necessary information and documents free of charge and in good time and make the necessary premises and technical environment available.
2. The client’s/participant’s obligations to cooperate
   constitute primary performance obligations.
3. The participant is obliged to observe the house rules of the respective venue provided for the course. These are an express part of the contract. The rooms and other objects must be treated with care.

Copyright & data protection

1. Apex may make copies for its files of written documents that are provided to Apex for inspection or for the execution of orders.
2. Apex undertakes to maintain confidentiality about all facts of which it becomes aware as a result of the order, insofar as these relate to the client/participant and the subject matter of the order.
3. Apex expressly reserves the copyrights to the documents, results, calculations, etc. prepared by Apex. Agreements on the transfer of rights of use and the granting of licenses shall be made in individual contracts.
4. Apex is entitled to process data of the client/participant exclusively for its own purposes, provided that the provisions of the respective current Federal Data Protection Act are complied with.
5. Photography, filming, sound recordings and any other type of analog or digital recording or storage in the events are not permitted. Any teaching material handed out or used may not be reproduced in any way.

Law & Jurisdiction

German law shall apply to all disputes arising from the order.
Unless otherwise stipulated by law, the place of jurisdiction for all disputes arising from the order shall be Würzburg.

Place of jurisdiction is Würzburg

Status: February 2016