General Terms and Conditions

General Terms and Conditions for Training Events Conducted
by iTLS Training & Consulting GmbH

1. Scope

1.1 These General Terms and Conditions of Business shall apply to courses and training—hereinafter referred to as classes—conducted by iTLS Training & Consulting GmbH, hereinafter referred to as the Organizer.

1.2 Any other general terms and conditions of business or purchasing shall not become part of the contract even if the Organizer does not object explicitly to such terms.

2. Admission requirements

2.1 The courses of the Organizer are open to all interested parties, provided that they have the required qualifications as required in the service description. Insofar as admission requirements are explicitly necessary for the participation in training courses or examinations, the organizer is entitled to demand the submission of the required documents.

3. Registration

3.1. Please submit your registration for training events in writing to:

iTLS Training & Consulting GmbH
Gutheil-Schoder-Gasse 7a
1100 Vienna
info@itls.at / www.itls.at

3.2. You will receive written confirmation of registration from us with detailed information on the course for which you have registered (venue, date, and time of events) no later than 14 days prior to the start of the course. The conclusion of the contract shall only come into existence upon written confirmation of the order. Verbal promises or subsidiary agreements shall only become valid upon written confirmation.

3.3. We reserve the right to cancel the course no later than 14 days prior to its start if the number of confirmed registrations is insufficient.

3.4 There is no right of attendance for classes with limited enrollment.

4. Fees

4.1 All fees are net fees, that is, they are subject to value-added tax or any other applicable national taxes of the country in which the course is conducted. Our current list of fees is valid; upon publication of a new fee list, these new fees are valid.

4.2 The tuition fees for courses conducted at our facilities cover the use of training systems, beverages and/or lunch, and student kits.

5. Execution

5.1 Changes in content that could change the learning objective may be made at the request or with the approval of the parties responsible for recognizing the targeted qualifications or certification.

5.2 The Organizer reserves the right to change or reschedule the agenda and/or replace instructors, provided the objective of the event is not fundamentally changed by doing so.

5.3 Classes designated as 'guaranteed to run' are guaranteed to be held. The venue is subject to change. The Organizer may also make reasonable changes to the duration of the class.

6. Obligations of the participant

6.1 The participant undertakes to observe the rules of the house in force at the venue in which the class is held, to participate regularly in the attendance-based events of the contractually stipulated class, to follow the instructions of the teaching and/or training staff and the representatives of the Organizer and his vicarious agents, as well as to refrain from all activities that could impede the proper execution of the class.

7. Cancellations

7.1. Cancellations must be submitted to us in hardcopy and/or electronic form.

7.2. Cancellation charges are as follows:

• Cancellation up to eleven working days prior to course commencement: No charge
• Cancellation up to six working days prior to course commencement: 50% of course fee
• Cancellation five and fewer working days prior to course commencement: 100% of course fee

You are free to name a replacement rather than cancel attendance altogether.

7.3. In the event that we cancel a course because of force majeure or other unforeseeable circumstances (for example, in case of accident or illness of the instructor) the liability of iTLS Training & Consulting GmbH is limited to the refunding of course fees to participants who have arrived at the training location. The Company is not liable for any travel and lodging expenses.

7.4 Grounds for termination of enrolment without notice on the part of the Organizer include but are not limited to persistent or serious disruption of the class, repeated unexcused absences, late payment with more than two overdue installments or repeated late payments despite two written notices, as well as withdrawal or revocation of sponsorship on the part of another payer covering the fee for services rendered.

7.5 The cancellation terms also apply to package bookings. In this case, the cancellation charges will be deducted proportionally from the balance of payments made for the package course fee.

8. Re-registration

8.1 Our cancellation terms apply accordingly to courses that are rebooked.

9. Deviating terms and conditions apply to private courses

9.1 Private courses are those which meet at least one of the following criteria:

• The course content was designed specifically to the client's requirements.
• The course is held for a closed group of participants.
• The course takes place on the client's premises or as an in-house seminar on the premises of the Organizer.

9.2 The cancellation costs mentioned under 7.2 do not apply to private courses. Free cancellations are not possible for private courses after written order placement.

9.3 In the event of cancellation, the Organizer reserves the right to charge all expenses caused by the order. This also includes a possible loss of earnings of the instructor.

9.4 In the event of postponements of course dates and/or changes to the course location caused by the client, the Organizer also reserves the right to invoice the costs incurred as a result.

10. Partner courses

10.1 The general terms and conditions of the respective companies in effect at the time of registration shall apply to classes conducted by third party vendors and partners of iTLS. This applies, but is not limited, to their terms of cancellation and guaranteed dates.

10.2 Please note the specific terms and conditions when booking the courses and products of ServiceNow.

11. e-learning products

11.1 In addition to the Organizer's General Terms and Conditions, the providers' terms of use shall apply mutatis mutandis to e-learning products. At the customer's request, the respective terms of use of the provider will be made available by iTLS.

11.2 E-Learning products shall be made available on the platform of the respective provider. The Organizer shall provide an access code for this purpose, which can be redeemed on the respective platform.

11.3 The customer is responsible for obtaining access to the respective provider's platform for the product's subscription duration. The Organizer is not liable if an e-learning cannot be used as intended due to lack of access.

11.4 Each product can be used for the subscription duration specified in the product description and confirmation. Unless otherwise stated, this shall begin with the delivery of the access code. If a grace period is specified, the access code must be redeemed from delivery until the end of this period. Thereafter, the Organizer does not guarantee redeemability.

12. Instructor Led Online (ILO) and FLEX Classroom Trainings

12.1 In training variants such as Instructor Led Online (ILO) and/or FLEX classroom training, participants can access the course remotely via desktop or web application (online participants). These courses are flagged accordingly. Either as pure online events ILO or as FLEX courses, where online participants can be remotely connected to a course with participants on site. During the session, audio and video content is transmitted, which may originate from the online participant, the trainer and other course participants, for example. All participants are prohibited from recording these contents.

12.2 Classroom participants who register for a FLEX course agree with their registration that audio, video and screen content may be transmitted from the classroom to the online participants.

13. Terms of Payment

13.1 The quoted prices are subject to statutory sales tax and are payable immediately without deductions on receipt of invoice.

13.2 The payment costs, in particular for wire transfers from abroad, shall be borne by the customer. All bank transfer fees must be paid in full by the buyer; that is, the full invoiced amount is to be credited free of charge to our bank account.

13.3 We accept payment by bank transfer or credit card (VISA or MASTERCARD) only.

13.4 The customer shall only be entitled to offset a payment against claims that have been asserted at law or are uncontested by the Organizer. The customer may exercise a right of retention only to the extent that the counterclaim stems from the same contractual relationship.

14. Warranty

14.1 iTLS offers you the highest quality training in the field of high-end networking. If you are not fully satisfied during the first day of training, simply let your coach know. You will be refunded the course fees in full.

14.2 In this case, however, we reserve the right to charge the costs of training materials and labs that have been reserved for you. The amount is calculated on the basis of the actual costs incurred.

15. Copyrights

15.1 All rights reserved, including the rights to translate, reprint, and copy training documents and parts thereof. Processing, copying, distributing, or public rendering of training documents in whole or in part in any form or by any means electronic, mechanical, photocopying, microfiche, recording or otherwise without our prior written consent is prohibited. This applies in particular to use of these materials for training purposes.

15.2 Recording or filming any content of a course run by iTLS is prohibited. This applies in particular but not limited to the ILO and FLEX training courses mentioned under 12.

16. Liability

16.1 Any liability for claims against iTLS Training & Consulting GmbH or its vicarious agents, in particular, claims of compensation for consequential damages, irrespective of legal foundation, such as business interruption or stoppage, loss of earnings or profits, data loss, and so forth, are excluded. iTLS is not liable for any belongings that the customer brings to a course.

17. Place of performance / venue

17.1 The place of performance shall be the location at which the class is held as communicated to the participant in writing. Munich is the venue for all legal disputes with merchants, legal entities under public law or special funds under public law arising from the booking.

18. Data Protection

18.1 Basic information on data processing and legal bases

a. The following provisions will inform you about the type, scope and purpose of the processing of personal data within our course offering. The customer agrees to the processing of his data, as far as this is within the scope of the purpose of the legal relationship.

b. The terms used, such as personal data or their processing, refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

c. The personal data of customers processed in the course offer includes customer records (e.g. names and addresses), contract data (e.g. services used, names of agents, payment information), usage data (e.g. interest in our products) and content data.

d. We process personal data of customers only in compliance with the relevant data protection regulations. This means that customer data will only be processed only if a legal permission has been obtained. In particular, if the data is processed for the fulfilment of our contractual services (e.g. processing of orders), or is required by law. In addition, customer data will be processed if the user has given his or her consent, or on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation and security of our course offering within the context of Art. 6 (1) (f). GDPR).

e. We point out that the legal basis of the consent is Art. 6 (1)(a) and Art. 7 GDPR, the legal basis for the processing for the fulfilment of our services and implementation of contractual measures is Art. 6 (1)(b) GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 (1)(c) GDPR and the legal basis for processing to protect our legitimate interests is Art. 6 (1)(f) GDPR.

18.2 Safety precautions

a. We take organizational, contractual and technical security measures seriously, in accordance with current technical capabilities. This is to ensure that the regulations of data protection laws are observed, and thus protect the data processed against accidental or intentional manipulation, loss, destruction, or access by any unauthorized persons

18.3 Transfer of personal data to third parties

a. Data will only be passed on to third parties within the framework of legal requirements. We only pass on user data to third parties if, for example, this is necessary for contractual purposes on the basis of Art. 6 (1)(b) GDPR or on the basis of legitimate interests pursuant to Art. 6 (1)(f) GDPR on economic and effective business operations.

b. If we use subcontractors to provide our services, we take appropriate legal precautions, technical and organisational measures to ensure the protection of personal data in accordance with legal regulations.

c. If content, tools or other means from external providers (hereinafter jointly referred to as third party providers) are used within the scope of our course offering, it is to be assumed that data is transferred to the country in which the third provider has their registered office.
Should data be transferred to a third country or an international organisation, it will be ensured before the transfer of the data that suitable guarantees in accordance with Art. 44 et seq. of the DSGVO are available for the recipient. Third countries are considered to be where GDPR is not directly applicable, i.e. in principle countries outside of the EU or the European Economic Area.

18.4 Performance of contractual services

a. We process customer records (e.g. names and addresses as well as contact data of users), contract data (e.g. services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 (1)(b) GDPR.

b. Users can opt to create their own user account, in particular for viewing their orders. During the registration process, the required information will be communicated to the user. The user accounts are not made public and cannot be indexed by search engines. If user terminate their account, their data will be deleted, subject to storage for commercial or tax reasons according to Art. 6 (1)(c) GDPR. It is the user’s responsibility to save their data, before the end of the contract, if they have given notice of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.

18.5 Establishing contact

a. When contacting us (via contact forms or e-mail), the user's details are processed for conducting the enquiry request and its handling in accordance with Art. 6 (1)(b) GDPR.

b. User information can be stored in our Customer Relationship Management System (CRM System).

c. We use an internal CRM system, developed by iTLS Training & Consulting GmbH, based on our legitimate interests, such as an efficient customer management.

18.6 Rights of users

a. Users have the right, upon request and free of charge, to receive information about the personal data that we have stored about them.

b. In addition, users have the right to correct inaccurate data, to limit the processing and deletion of their personal data, if applicable, to assert their rights to data portability and, in the event of the assumption of unlawful data processing, to file a complaint with the competent supervisory authority.

c. Likewise, users can revoke consent at any time.

18.7 Deletion of data

a. The data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal obligations to keep it in safekeeping. If the user's data is not deleted because it is necessary for legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for commercial or tax reasons.

b. In accordance with statutory requirements, the records are kept for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.)

18.8 Right of objection

Users can object to any future processing of their personal data in accordance with legal requirements at any time. The objection may be lodged against any processing for direct marketing purposes.

Do you have any questions regarding our data protection policy? You can contact our data protection experts at any time: datenschutz@itls.at or +43 (0) 1 6000 880-0

• Person responsible: iTLS Training und Consulting GmbH; iTLS Training & Consulting GmbH; Gutheil-Schoder-Gasse 7a; 1100, Vienna, Austria; District Court FN 368663b, HG Wien; +43 (0) 1 6000 880-0

(as of 15 April 2024)

General Terms and Conditions for Professional Services rendered by
iTLS Training & Consulting GmbH, Gutheil-Schoder-Gasse 7a, 1100 Vienna, Austria

1. Validity

Our following Terms and Conditions shall apply to all our legal transactions with entrepreneurs, legal entities under public law, and special funds under public law as the Client. The Client’s general terms and conditions of business shall apply only to the extent that iTLS Training & Consulting GmbH, as the Contractor, has expressly agreed to these terms in writing.

2. Description of services

The services specified in the service description for the given order comprehensively set out the Contractor’s obligations. Should the Contractor, at the behest of the Client, install products purchased by the Client, any public statements (e.g. public representations of product properties or features) made by these software products’ vendor, manufacturer, and their vicarious agents or third parties shall not constitute descriptions that supplement the service description or amend its content.

3. Set-off and right of retention

Any and all set-off and retention rights of the Customer against the claims of the Contractor arising from services rendered by the Customer shall be excluded, unless the counterclaim is undisputed, confirmed in a final non-appealable judgement, or is predicated on an alleged defect in the Contractor’s performance.

4. Time of performance, force majeure and industrial action, limitation of liability for delay

(1) Agreements on a binding time of performance must be made in writing. The Contractor’s timely performance shall be subject to the proviso that all commercial and technical matters between the Customer and Contractor have been clarified and that the Customer has fulfilled all obligations incumbent upon him, such as the provision of necessary official permits or an agreed down payment.
(2) Should a failure to meet deadlines be attributable to force majeure such as a mobilization, war, riot, or similar events for which the Contractor is not responsible such as a strike or lockout, the deadlines shall be extended by the duration of the aforementioned event or its effects.
(3) The Contractor shall be liable for a delay in performance in cases of intent or gross negligence on the part of the Contractor, his representative, or his vicarious agent, as well as in cases of culpably caused injury to life, body, or health in accordance with the statutory provisions. In other cases of delay, the Contractor’s liability for damages in addition to the performance of services shall be limited to a total of five percent and for damages in lieu of performance (including reimbursement of wasted expenditure) to a total of five percent of the services’ value. Any further claims of the Customer shall be excluded, even after an additional period of time for performance determined by the Contractor elapses. This limitation and exclusion shall not apply in the event of culpable breach of material contractual obligations. However, the claim for damages for the culpable breach of material contractual obligations shall be limited to the typically foreseeable damages for this type of contract, unless another incident as described in sentence 1 of this paragraph (2) occurs at the same time. The Customer's right to withdraw from the contract pursuant to section 9 of these Terms and Conditions shall remain unaffected thereby. The foregoing provisions shall not shift the burden of proof to the Customer's detriment.

5. Customer’s obligation to give notice of obvious defects, costs borne in the event of an unjustified notice of defects

(1) The Customer shall be obliged to notify the Contractor of obvious defects within two weeks of the services’ performance; the punctual dispatch of this notification within this period shall suffice to comply with this deadline. Defects occurring later shall be reported without delay. Defects are to be described in writing and in as much detail as the Customer is able to provide.
(2) The Customer shall compensate the Contractor for damages incurred if the Customer reports a defect that the Contractor’s review finds to be nonexistent and if the Customer was aware of the defect’s nonexistence at the time of notification or was for reason of negligence mistaken about the defect. The Customer shall be entitled to prove that the reported defect does indeed exist. Within the framework of the foregoing provisions, the Contractor shall be entitled to demand reimbursement from the Customer for expenses incurred, for example, for reviewing the reportedly defective performance or for the supplementary performance requested by the Customer.

6. Exclusion of new performance

Under no circumstances shall the Contractor be obliged to perform the work anew within the scope of supplementary performance. The Customer's request for supplementary performance shall be made in writing. The Contractor shall be granted a period of 12 weeks to render the supplementary performance. Should the supplementary performance fail, the Customer shall be entitled to reduce the price or, at his discretion, to withdraw from the contract. The Customer’s right to claim damages pursuant to section 7 of these Terms and Conditions shall remain unaffected.

7. Exclusion of liability

(1) The Contractor shall be liable in cases of intent or gross negligence on the part of the Contractor or a representative or vicarious agent thereof, as well as in cases of culpably caused injury to life, body, or health in accordance with the statutory provisions. The Contractor shall otherwise be liable only under the Product Liability Act for culpable breach of material contractual obligations, or if the Contractor has fraudulently concealed the defect or warranted the quality of the performance. However, the claim for damages for the culpable breach of material contractual obligations shall be limited to the typically foreseeable damages for this type of contract, unless another incident as described in sentence 1 or sentence 2 occurred at the same time.
(2) The provisions of paragraph 1 above shall apply to all claims for damages, in particular to damages in addition to performance and damages in lieu of performance, irrespective of legal grounds, and in particular because of defects, breach of obligations arising from the contractual relationship, or tort. They shall also apply to the right to claim for compensation of wasted expenditures. However, liability for delay shall be determined pursuant to section 4 of these Terms and Conditions, and liability for impossibility of performance pursuant to section 8 of these Terms and Conditions.
(3) The foregoing provisions shall not shift the burden of proof to the Customer's detriment.

8. Limited liability for impossibility of performance

In the event that services are impossible to render, the Contractor shall be liable in cases of intent or gross negligence on the part of the Contractor, his representative or vicarious agent, as well as in cases of culpably caused injury to life, body, or health in accordance with the statutory provisions. In other cases of impossibility, the Contractor’s liability for damages in addition to the performance of services and/or in lieu of performance, including reimbursement of wasted expenditure, shall be limited to a total of five percent of the services’ value. Any further claims of the Customer shall be excluded, even after an additional period of time for performance determined by the Contractor elapses. This limitation and exclusion shall not apply in the event of culpable breach of material contractual obligations. However, the claim for damages for the culpable breach of material contractual obligations shall be limited to the typically foreseeable damages for this type of contract, unless another incident as described in sentence 1 occurs at the same time. The Customer's right to withdraw from the contract pursuant to No. 9 of these Terms and Conditions shall remain unaffected thereby. The foregoing provisions shall not shift the burden of proof to the Customer's detriment.

9. Responsibility for rescission of contract, declaration of rescission

(1) The Customer may only withdraw from the contract within the framework of the statutory provisions if the Contractor is responsible for the breach of duty. However, the statutory requirements for withdrawal rather than the preceding sentence shall apply to defects.
(2) In the event of a breach of duty, the Customer shall declare within a reasonable period of time—as a rule, within one week—upon the Contractor’s request if he will withdraw from the contract for breach of duty or insist on the contractual performance.

10. Reduction of the statutory limitation period for claims for defects and damages

(1) The limitation period for claims and rights due to defects—irrespective of the legal grounds— shall be one year.
(2) However, the limitation period set out in paragraph 1 shall apply subject to the following provison:
a) The limitation period shall generally not apply in the event of intent or fraudulent concealment of a defect or if the Contractor has warranted the quality of performance. b) The limitation period shall also not apply to constructions or a work, the success of which consists in the provision of planning or supervision services for a construction.
c) Furthermore, the limitation period shall not apply to claims for damages in the event of a grossly negligent breach of duty, of a culpable breach of material contractual obligations other than defective work performance, of culpably caused injury to life, limb, or health, or of claims under the Product Liability Act.
d) Insofar as this provision addresses claims for damages, this shall also include claims for reimbursement of wasted expenditures.
(3) The limitation period for all claims for damages shall commence upon acceptance.
(4) Unless expressly stated otherwise, the statutory provisions relating to the commencement, stay, suspension, and recommencement of the statute of limitations shall remain unaffected.
(5) The above provisions shall apply mutatis mutandis to claims for damages unrelated to a defect.
(6) The foregoing provisions shall not shift the burden of proof to the Customer's detriment.

11. Choice of law, proper venue

(1) The law of the Republic of Austria shall apply.
(2) The place of jurisdiction in dealings with merchants shall be the registered office of the Contractor. However, the Contractor shall also be entitled, at his discretion, to bring an action at the Customer’s place of business.

(Valid as of 04/2024)