Training terms and conditions

of Fujitsu Training Academy - Fujitsu Technology Solutions


1. REGISTRATION
a) By registering, the customer exclusively acknowledges the General Terms and Conditions for Training by Fujitsu Technology Solutions GmbH ("FTS").
b) Registrations for FTS training courses must be submitted in writing and shall not take effect unless confirmed in writing by FTS.

2. SERVICES OF FTS
a) The high standard of quality requires that the number of participants in each training course is limited. If the number of registrations exceeds the seats offered by FTS, FTS shall select the participants according to the order in which the registrations were received.
b) Training shall be held in German or English. The language, contents, duration, location and the prior knowledge required for the training course shall be defined in the respective FTS training course description. The contents of the training course may differ from this description, depending on the level of knowledge and the needs of the participants.
c) The training course shall generally be provided by FTS. FTS shall be authorized to delegate performance of the offered training course to a third-party company.

3. MODIFICATIONS
a) FTS reserves the right to change the location or time of training courses, to cancel them or to substitute another instructor if necessary, for example if an insufficient number of participants register for a training course. If a training course is cancelled, FTS shall endeavor to the best of its ability to propose a suitable new date.
b) FTS reserves the right to change the contents of training courses pursuant to updating or further development of training courses.
c) Cancellation of the training course or changing to another course on the part of the customer shall require written notification and shall be free of charge up to 21 days before the start of the training course at the latest. After this, the entire fee for a training course shall be payable without deduction, even in the event of cancellation by customer. The same shall apply if a participant fails to attend. The date of cancellation shall be defined as the date of receipt of the written notification directed to the FTS training management organization named in the training course description.
d) The customer shall have the right to name a replacement participant before the start of training. This change shall be free of charge.

4. COPYRIGHT AND COPYRIGHT PROTECTION
All the training documents and contents provided by FTS shall be intended exclusively for personal use by the participant named by the customer. FTS reserves all rights to them. No part of the training documents and materials may be reproduced, in particular by using data processing systems, copied, disseminated or used for internal or external reproduction in any form without the prior written consent of FTS. This obligation shall also apply once the training course has been completed.

5. PRICES AND INVOICING
a) Prices shall be in Euro and are exclusive applicable VAT and other taxes, levies and custom charges. The prices shall be as defined in the FTS training course description at the time of registration and shall include the trainer's fee, training documents, use of the training facilities and use of the training hardware and software for the duration of the training course. Details are specified in the FTS training course description.
b) The training course shall be invoiced upon registration. The training fee shall be settled without deduction immediately after receipt of the invoice, but at the latest 14 days before the start of training. Partial attendance of a training course shall not create an entitlement to a reduction in price.

6. HOTEL TRAINING COURSES
a) In the case of courses held at hotels under contract with FTS, FTS shall automatically book half board following the customer's registration. 'Half board' shall comprise, for the duration of the seminar, accommodation in a single room with a bath or shower/WC, breakfast buffet and lunch, as well as beverages in the breaks. If FTS specifies that participants are to arrive on the evening before the start of the training, the obligation to provide these services shall commence on the following day with the breakfast. The obligation on the part of FTS to provide these services shall end on the last day of the course when the afternoon coffee break ends. More details are defined in the respective documents for the training course.
b) Additional services, such as phone charges, drinks at the bar or a garage, shall not be included in this service package and shall be charged separately to the participant on site.
c) Different arrangements, in particular for seminars held outside the Federal Republic of Germany, may be specified in the respective documents for the training course.

7. LIABILITY OF FTS
FTS shall not assume any liability for concrete, individual success of training and whether the individual participant puts the contents of training to good use. The contents of training courses shall reflect the state of the art at the time of the training. If the training documents contain errors, FTS shall have the right to rectify them. FTS shall not warrant that the provided trainingcontents also apply without any changes to future hardware or software releases. FTS shall be liable unlimited where FTS' liability is mandatory at law e.g. for personal injury or in case of gross negligence. Any liability of FTS arising out of slight negligent breaches of any fundamental contractual obligations shall be limited to the typical and foreseeable damage. In case of property damages FTS' liability shall be limited to EURO 25.000,- per incident . Any further liability for claims, for whatever legal reason for damage to or loss of other property or equipment, business interruption or lost revenue, profits or sales, loss of information and data or for any special, incidental, punitive, indirect or consequential damages and unavailing expenses shall be excluded. The above conditions are not meant to change the burden of proof to the detriment of the customer.

8. GENERAL PROVISIONS
a) The customer is entitled to offset claims or exercise any right of retention only in connection with counter-claims that have become res judicata or are not contested by FTS.
b) All amendments, supplements and changes shall only be valid if made in writing.
c) The contract shall be governed by the laws of the Federal Republic of Germany without reference to its conflict of laws provisions. Place of jurisdiction for all disputes arising out of or in connection with these general terms and conditions or any agreement governed by them shall be either Munich or Erfurt, Germany.


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