TÜV AUSTRIA AKADEMIE GMBH
General terms and conditions
Version 01/2012

Validity of the terms and conditions:
The general terms and conditions shall apply to the organization of all courses, seminars, trainings and measures (like training courses or events) organised by the TÜV AUSTRIA AKADEMIE GMBH as well as to the sale and the delivery of publishing products (like specialist publications in the fields of safety, technology, environment and quality) of the TÜV AUSTRIA AKADEMIE GMBH. Deviating terms of participants or buyers shall be excluded for the whole business relationship. In case of contracts with consumers within the meaning of the Austrian consumers act (KSchG), indispensable legal rules will prevail over this terms and conditions.

A. Organization of public courses, seminars, trainings and measures (like training courses or events):

A.1: Definition:
Public courses are publicly available to participants from different companies as well as to private persons. Schedules and event locations are shown in the course program, on our homepage and on our course folders.

A.2: Registration:
Every registration is binding. Registrations have to be done in a written form, which means by post, fax, email or via homepage www.tuv-akademie.at, unless otherwise stated for the respective event. If participants have not reached the age of 18, the registration has to be made and signed by the participant as well as its legal representative. The registration will be confirmed by the TÜV AUSTRIA AKADEMIE GMBH.

A.3: Participation fees:
The participation fees can be found at the current course program or any course-relating materials or can be asked by the TÜV AUSTRIA AKADEMIE GMBH.

The participation fees as stated in the course program are valid from September 1 until August 31 of the subsequent year, prices are subject to change. The subsequent program will be released at September 1. Misprints and errors are reserved.

A.3.1: Payment terms:
The stated participation fees are valid in EURO excluding VAT and have to be transferred within two weeks after receipt of invoice.

A.3.2: Delay:
In case of delay in payment, the TÜV AUSTRIA AKADEMIE GMBH shall be entitled to charge interest of 8% per year above the base interest rate of the Austrian national bank plus overdue fines of EUR 4,00 for each reminder sent.

Furthermore, the participant is obliged to reimburse the TÜV AUSTRIA AKADEMIE GMBH all costs and expenses incurred by his/her delay in payment as well as all costs that occur in the prosecution. That includes, apart from the legal obligation to pay compensation, all extrajudicial costs, dunning fees, costs for a debt collection company (in accordance with § 4 Abs 2 of the directive BGBl 141/96 concerning the valorised remuneration for debt collection services) plus lawyers’ fees where appropriate and necessary.

A.4: Rescission/Changes in bookings and cancellation fees:
Any rescission from the registration has to be done in a written form and is free of charges until seven working days before the beginning of the course. The rescission deadline is met, if the written declaration is sent off verifiable by post to the address that is relevant for the course registration within the deadline or if the declaration is personally delivered. After that, cancellation fees in the amount of 20% of the participation fees will be charged. In the event of cancellation within two working days before the event or in case of not participating, cancellation fees in the amount of the full participation fees will be billed. The cancellation fees are due when the rescission declaration becomes effective, regardless its reasons or a possible fault. The cancellation fees do not apply if the participant names a substitute participant who meets the requirements for the course and who pays the participation fees.

In the event of rebooking a course within four working days before its beginning, handling fees in the amount of 10% of the participation fees will be charged.

A.5: Rescission by the TÜVAUSTRIA AKADEMIE GMBH:
The TÜV AUSTRIA AKADEMIE GMBH may cancel an event until six working days before its beginning in a written form. In this case, already paid participation fees will be refunded, further claims are excluded.

A.6: Confirmation of participation:
The claim to receive a certification of participation arises after the course has been visited in the required percentage (of regularly 80% or 100% percent) and after the participation fees including further costs like examination and certification fees have been paid. If an examination is provided, the claim to receive a certificate or another performance evaluation arises when the requirements stated above are met and the examination is taken successfully.

A.7: Amendments by the TÜV AUSTRIA AKADEMIE GMBH:
The TÜV AUSTRIA AKADEMIE GMBH reserves the right to make some changes concerning the contents of the course/training program, the number of course hours, the location or the course date, if any relevant legal requirements have changed.

B. Organization of in-house courses (that means internal courses, seminars, trainings and measures (like training courses or events):

B.1: Definition:
In-house courses will be organized specifically for individual companies/organizations. Therefore the contents and the focus of the courses will be coordinated with the company.

It shall also be possible to send employees of other companies to an in-house course.

Usually, the courses take place at the company headquarters, however, the TÜV AUSTRIA AKADEMIE GMBH may take over the organization of an appropriate course location.

B.2: Acceptance of the offer:
Orders have to be sent in a written form, that means by post, fax or email to the TÜV AUSTRIA AKADEMIE GMBH four weeks before the beginning of the course at the latest. They have to be signed by the contractor.

B.3: Costs:
The costs include services as listed in the offer. The amount stated is valid for the maximum number of participants as stated. In case that there are no additional costs for additional participants are stated, each additional participant increases this amount proportionally. There is no claim of any price reduction for participants who fail to appear.

Additional costs like costs for certification exams, confirmations or certificates, that are not included in the service, will be billed separately.

B.3.1: Payment terms:
The stated course fees are valid in EURO excluding VAT and have to be transferred within two weeks after receipt of invoice. The same also applies to instalments. If payment by instalments is agreed, every partial payment has to be transferred within two weeks.

B.3.2: Delay:
In case of delay in payment, the TÜV AUSTRIA AKADEMIE GMBH shall be entitled to charge interest of 8% per year above the base interest rate of the Austrian national bank plus overdue fines of EUR 4,00 for each reminder sent.

Furthermore, the ordering client is obliged to reimburse the TÜV AUSTRIA AKADEMIE GMBH all costs and expenses incurred by his/her delay in payment as well as all costs that occur in the prosecution. That includes, apart from the legal obligation to pay compensation, all extrajudicial costs, dunning fees, costs for a debt collection company (in accordance with § 4 Abs 2 of the directive BGBl 141/96 concerning the valorised remuneration for debt collection services) plus lawyers’ fees where appropriate and necessary.

B.4: Rescission/Changes in bookings and cancellation fees:
Rescission from the registration has to be done in a written form.

The cancellation fees are 30% of the order amount if the rescission is between four and two weeks before the beginning of the course, 50% of the order amount if the rescission is between two weeks and eight days before the beginning and 90% of the order amount if the rescission is later than the seventh day before the beginning.

In the event of a postponement caused by the customer earlier than two weeks before the beginning of the course, a handling fee in the amount of 10% of the course price will be charged.

B.5: Rescission/Changes of appointments by the TÜV AUSTRIA AKADEMIE GMBH:
An event may be cancelled or postponed by the TÜV AUSTRIA AKADEMIE GMBH in a written form until three weeks before its beginning. Payments already made will be reimbursed, further claim are excluded.

In case of cancellation due to illness of the trainer or any other unforeseen event, there is no right of realization of the course. Compensation for expenses and other claims cannot be derived from this. The same applies to postponements and changes in schedules that are short-dated necessary.

If an event has to be cancelled, already paid course fees will be reimbursed without deductions.

B.6: Confirmation of participation:
The claim to receive a certification of participation arises after the course has been visited in the required percentage (of regularly 80% or 100% percent) and after the participation fees including further costs like examination and certification fees have been paid. If an examination is provided, the claim to receive a certificate or another performance evaluation arises when the requirements stated above are met and the examination is taken successfully.

B.7: Amendments by the TÜV AUSTRIA AKADEMIE GMBH:
The TÜV AUSTRIA AKADEMIE GMBH reserves the right to make some changes concerning the contents of the course/training program, the number of course hours, the location or the course date, if any relevant legal requirements have changed.

C: Publishing of specialist publication:

C.1: Prices of publishing products:
If not otherwise specified, all prices are in EURO exclusive VAT plus costs relating to dispatch. Any export or import duties in connection with the dispatch shall be borne by the purchaser.

C.1.1: Payment terms:
There is a payment deadline of two weeks for goods delivered on account.

C.1.2: Delay:
In case of delay in payment, the TÜV AUSTRIA AKADEMIE GMBH shall be entitled to charge interest of 8% per year above the base interest rate of the Austrian national bank plus overdue fines of EUR 4,00 for each reminder sent.

Furthermore, the participant is obliged to reimburse the TÜV AUSTRIA AKADEMIE GMBH all costs and expenses incurred by his/her delay in payment as well as all costs that occur in the prosecution. That includes, apart from the legal obligation to pay compensation, all extrajudicial costs, dunning fees, costs for a debt collection company (in accordance with § 4 Abs 2 of the directive BGBl 141/96 concerning the valorised remuneration for debt collection services) plus lawyers’ fees where appropriate and necessary.

C.2: Right of rescission:
Purchasers can withdraw from the distance contract (or from the declaration to enter a the contract) within seven working days. It is sufficient to send-off the declaration of withdrawal without giving any reasons within the period. In case of withdrawal, a full or partial reimbursement of the purchase price will be made only step by step in line with the return of the goods received by the purchaser. Therefore it is a precondition that the goods are in an unused and resalable condition. The dispatching costs are borne by the customer. If goods are affected by traces of usage or if the packaging has been damaged, an appropriate compensation for the reduction in value will be charged. The same applies if accessories (like manuals, drivers, CDs, Software, etc) are missing at restitution.

There is no right of return for audio or video recordings (like CDs, DVDs, ...) or software unsealed by the purchaser, moreover for services that has been sent online (like software for download).

C.3: Retention of title:
The goods remain property of the TÜV AUSTRIA AKADEMIE GMBH until completed payment. Prior to complete payment of the goods, the purchaser has no right to pledge the goods, to transfer ownership as security or to grant any other right concerning the goods to third parties.

C.4: Web subscription: 

That means an internet-based application with temporally limited access.

C.4.1: Restriction in use:
For the duration of the subscription the TÜV AUSTRIA AKADMIE GMBH grants a non-exclusive and non-transferable licence for the usage of the online-service named in the subscription, which is restricted by the following provisions. The license ends when subscription expires.

Only persons who are listed as users in the written agreements (= order form, notification concerning user changes) and who the TÜV AUSTRIA AKADEMIE GMBH has assigned a password have the access and the right to use the online-services of TÜV AUSTRIA AKADEMIE GMBH.
Separate functions may be added to or removed from the subscribed online-service, both with immediate effect.

Customers are allowed to use TÜV AUSTRIA AKADEMIE GMBH online-services as well as the data they contain only for private use and for the purpose of normal business use. The access to the TÜV AUSTRIA AKADEMIE GMBH online-services and its usage shall only be done by manually, individually and independently executed search and download activities. Data and information from the TÜV AUSTRIA online-services shall only
 
- be shown in electronic form to the particular user, but not systematically to a great number of other users or third parties, for example by copying of data or information into the customer-related intranet, into internet discussion forums or similar.

- be printed or downloaded by using print or download commands, which are provided at the access surface itself, in a single copy for private purpose and for the purpose of normal business use.

Any downloading, saving, reproducing, transferring, showing, copying, distributing or using of data and information of the online-service that is not explicitly stated in this point, is prohibited. Especially each access and each usage of the TÜV AUSTRIA AKADEMIE GMBH online-services by independently working search or download mechanisms like computer programs that systematically download essential party of data and information, is prohibited. The data and information must not be entered in databases that are open to third parties. Neither the data and information nor parts of it are allowed to be sold, sublicensed or transferred to third parties in other ways, even not copies or reproductions.

D: Terms in common:

D.1: Warranty, damages:
The warranty covers legally provided standards. Any defects shall be announced at delivery or at appearance, if possible. Claims of damage against the TÜV AUSTRIA AKADEMIE GMBH caused by slight negligence are excluded.

If a contractor demands damage compensation against the TÜV AUSTRIA AKADEMIE GMBH, he has the burden of proof the causation, unlawfulness and guiltiness. The transfer of any warranty and damage claims to third parties or similar is inadmissible.

D.2: Prohibition of compensation:
The offset with counterclaims against claims of the TÜV AUSTRIA AKADEMIE GMBH for the payment of participation fees and other costs is excluded.

D.3: Data protection:
Registration and ordering data are recorded electronically for the purpose of business processing and customer service. The data will be used and treated confidentially. They will not be sent to third parties outside the TÜV AUTRIA group, except in case it is essential for process handling. If further information from the TÜV AUSTRIA AKADEMIE GMBH is no longer wanted, it can be cancelled at anytime.

D.4: Copyright:
All data, graphics and other stuff in the legal copyright sense on the website of TÜV AUSTRIA AKADEMIE GMBH are protected by copyright law. They are provided exclusively for the personal information of our customers, use is at own risk. The reproduction, copying or the printing of the whole website is only permitted for the purpose of ordering from the TÜV AUSTRIA AKADEMIE GMBH. Any further editing, reproduction, distribution or public showing goes beyond the normal use and violates copyright law.

D.5: Severability clause:
The invalidity of one single stipulation does not result in the invalidity of the other stipulations. In case of the invalidity of a clause, the contracting parties agree that this clause will be replaced by another valid one that comes closest to its meaning. The general terms and conditions shall only apply to customers (within the meaning of KSchG) in so far as indispensible legal rules do not prevent this.

D.6: Applicable law, place of jurisdiction:
Austrian law is applicable under exclusion of its reference rules. The UN Convention on Contracts for the International Sale of Goods shall be excluded by mutual agreement. For all litigations the competent court in Vienna is agreed.
These terms are not applicable to contracts with consumers.