General Terms and Conditions for Training

To Dates and Booking

1. Preamble

1. xamira networks GmbH offers various services and products for professional and technical education. These General Terms and Conditions govern the delivery of educational services and products, subject to individual contractual changes.

2. The offers of xamira networks GmbH are directed exclusively at commercial clients and explicitly not at consumers.

3. In the following, the specific service is referred to as “Open Training” in the case of publicly bookable events, as “In-House Training” in the case of Client-specific events, and collectively as “Training”. The contractual partner of xamira networks GmbH is hereinafter referred to as the “Client”, persons participating in the Training as “Participants” and the person holding the training as the “Trainer”. The term “Training Materials” refers to all documents and data made available as part of the Training, such as handouts, slides, reference books, scripts, programs or virtual machine images.

4. The Client shall pass on these General Terms and Conditions and, in particular, the Code of Conduct contained therein in a binding manner to all Participants registered by the Client.

5. Any Client’s general terms and conditions of business and/or purchase are valid only in the event of written acknowledgement, even if they have not been explicitly objected to.

2. Content and Delivery of the Training

1. The service provided by xamira networks GmbH includes the delivery of the training, including the provision of a learning environment, for example through virtual machines in the cloud or virtual machine images for self operation, as well as Training Materials. If suitable documentation is not available in the Training language, English documentation will be used. Upon completion of the Training, Participants will receive a confirmation of participation.

2. The contents of the Training are defined in the course description or the agreement with the Client. Adjustments are possible in consent with the Participants, due to lack of previous knowledge or due to technical necessities, as long as the goal of the Training is maintained.

3. If the announced Trainer is unable to attend, the Training may be held by another qualified person.

4. The Participants use their own devices during the Training. Instructions regarding software to be installed are usually communicated ten working days before the start of the Training or made available on the xamira networks GmbH website. The Participants must ensure that they have an up-to-date data backup before the start of the Training. xamira networks GmbH is not liable for any loss of data on or damage to equipment and infrastructure of the Participants and the Client, even if this occurs during the Training.

5. In the case of in-person Training, the training fee includes meals during the training breaks, including lunch. Further catering as well as traveling or accommodation are not part of the deliverables.

6. In the case of In-House Training, the Client is responsible for providing suitable seminar rooms and equipment as well as catering at their own expense.

7. The Client and the Participants shall ensure that they meet the necessary professional and technical requirements as described in the Training description and the notes on the xamira networks GmbH website.

8. All Trainings are prepared and held with the greatest possible professional and didactic care. Nevertheless, xamira networks GmbH is not liable for the correctness of the Training content and Training Materials, for advice given, for the occurrence of a specific learning outcome, for the acquisition of specific knowledge and skills, or for the suitability of the training for a specific purpose.

3. Registration and Cancellation

1. The booking of an Open Training or the order of an In-house Training is made by the Client and will be confirmed by xamira networks GmbH.

2. The decision if an Open Training will be held is usually made ten working days before the start of the Training. If a Training will not be held, the Client’s booking will be canceled.

3. The cancellation of a Training at short notice is possible for xamira networks GmbH if the delivery of the Training is not possible due to unforeseeable circumstances. This includes, among other things, the sickness of the trainer, the failure of technical systems, a legal prohibition to hold the training, the failure or delay of transportation or cases of force majeure. In this case the Client and the Participants will be informed immediately and if possible an alternative training date will be offered.

4. If xamira networks GmbH cancels a Training, the Client’s claim to attend the Training shall lapse. No Training fee will be charged and any Training fees already paid will be refunded. The Client does not have any further claims against xamira networks GmbH. This explicitly includes the reimbursement of travel expenses already incurred, accommodation costs, loss of earnings, loss of work or loss of profit.

5. The Client can cancel a booking free of charge up to 13 working days before the start of the Training. Cancellations made between the 12th and 3rd business day prior to the start of the Training will incur a cancellation fee equal to half of the Training fee. In case of later cancellation, the Training fees will be charged in full. This shall also apply in the event of a Participant’s non-attendance or if a Participant is unable to attend the Training due to a lack of technical or professional prerequisites, even though these prerequisites were communicated to the Client no later than ten working days before the start of the Training or are apparent from the Training description or the notes on the xamira networks GmbH website.

6. Instead of cancellation, the Client may designate an alternative Participant. In this case, the booking between the Client and xamira networks GmbH remains valid and applies to the alternatively named Participant.

4. Code of Conduct

1. While participating in an online Training, all Participants are required to keep their webcam on at all times. Participants who are not visible during the Training may be excluded from further participation in the Training.

2. Participants must avoid disturbing the Training and follow the instructions of the Trainer. Participants who disturb a Training session may be excluded from further participation in the Training.

3. Participants are expected to be friendly and collegial. Participants who insult, discriminate, intimidate or expose others or otherwise behave inappropriately or in a manner that is not socially appropriate may be excluded from further participation in the Training.

4. Our Trainings are a protected space in which all Participants can exchange ideas without any concerns. It is prohibited to make image, audio and/or video recordings of Trainings. This applies to all forms of Training, in particular to Open Training and In-House Training, regardless of whether these are conducted online or in-person, and includes recordings of Trainers and Participants as well as the content of the Training. Participants who attempt to record Training sessions will be excluded from further participation in the Training. xamira networks GmbH explicitly reserves the right to report participants who make recordings that could possibly be relevant under criminal law.

5. Participants may only use the resources provided for the purpose of the Training. In particular, virtual machines and other resources connected to the Internet or provided in the cloud may not be used for purposes that are relevant under criminal law or illegal under civil law. In the event of such use, xamira networks GmbH reserves the right to pass on relevant information to the relevant authorities and to independently report potentially criminal acts. The Client indemnifies xamira networks GmbH against all claims and expenses resulting from any use of xamira networks GmbH’s resources not related to the Training by Participants registered by the Client.

6. If a Participant is excluded from a Training due to a violation of these code of conduct, the Client’s claim to the Training service is forfeited. There will be no refund of Training fees already paid and xamira networks GmbH’s claim to Training fees not yet paid will remain unchanged.

7. Participants who have been excluded once may be excluded from participating in further Trainings.

5. Copyright

1. All Training content and Training Materials are protected by copyright. They are made available to the Participants for their personal use during the Training as well as for personal repetition of the contents after the Training. Participants are not entitled to use training materials for other purposes or to make them available to other persons.

2. Beyond this, the Participants and the Client are not granted any further rights of use or exploitation of the training materials. In particular, the Participants and the Client are not entitled to reproduce, duplicate, distribute, publicly reproduce, otherwise make available to third parties or create derivative works or translations of Training materials, not even in part and not for the purpose of teaching. This excludes freely available documents and data, such as free software or documents under a Creative Commons license.

6. Liability

1. xamira networks GmbH shall only be liable in the event of intent or gross negligence. In this case, xamira networks GmbH shall be liable for personal injury resulting therefrom and for injury to life, limb and health in accordance with the statutory provisions.

2. Otherwise, xamira networks GmbH shall not be liable at all.

7. Miscellaneous

1. If any provision of these General Terms and Conditions is not legally valid or incomplete, the contracting parties agree to replace or complete it by mutual consent with a legally valid provision that corresponds to the nature and purpose of the contract. The other regulations remain valid unchanged.

2. The place of jurisdiction is Karlsruhe, Germany. The law of the Federal Republic of Germany shall apply exclusively.