Last updated: January 23, 2025
1.1
These General Terms and Conditions apply to all services and training courses offered by DETEC Software GmbH, located at Im Neugrund 16, 64521 Groß-Gerau, hereinafter referred to as "DETEC." This includes training sessions commissioned by businesses, whether conducted on DETEC premises, at the customer’s location, or online. The training courses offered by DETEC are exclusively aimed at entrepreneurs within the meaning of § 14 BGB (German Civil Code). In business transactions with entrepreneurs, these General Terms and Conditions are incorporated into the ongoing business relationship upon the first order. These General Terms and Conditions apply exclusively. The customer’s general terms and conditions shall only apply if DETEC expressly agrees to them in writing. In particular, the inclusion of general terms and conditions of customers that conflict with these terms is hereby expressly rejected. These General Terms and Conditions shall also apply if DETEC, with knowledge of conflicting or deviating terms of the customer, provides services without reservation.
1.2
An entrepreneur is a natural or legal person, or a legally responsible partnership, who acts in the exercise of its commercial or independent professional activity when entering into a legal transaction, § 14 I BGB. A legally responsible partnership is a partnership with the capacity to acquire rights and assume liabilities, § 14 I BGB.
1.3
The online training courses offered by DETEC serve solely as an introduction to the products offered by DETEC. They do not constitute distance learning within the meaning of § 1 of the German Distance Learning Protection Act (FernUSG). In particular, there is no monitoring of learning progress as defined by § 1 I Nr. 2 FernUSG. The training content is provided exclusively via one-way audio-visual presentation by DETEC. Any clarification of questions from customers by DETEC is an absolute exception and serves only as a self-check for the customers. DETEC does not otherwise monitor learning progress, whether orally or in writing.
2.1
The training courses presented on the website or in the training catalog do not constitute binding offers by DETEC; they merely represent a non-binding overview of the training portfolio. To register, it is sufficient for the customer to send an informal email to info@detec.com or to fill out the registration form included in the training catalog and send it to DETEC by email. DETEC will then contact the customer to arrange a suitable date for the course and to determine the precise scope of services. As soon as both parties agree on the date and content, DETEC will confirm this to the customer in writing or in text form.
2.2
The customer’s registration under § 2.1 constitutes an offer to DETEC to enter into a contract. The customer is bound by this offer for five days, during which DETEC may accept the offer.
2.3
Registration may also take place by telephone or fax. In the event of a telephone registration, the customer is referred to these General Terms and Conditions on DETEC’s website; upon request, these Terms and Conditions will be sent in text form. In the case of fax bookings, the customer will receive these Terms and Conditions by fax.
2.4
No contract is formed if DETEC’s training offer contains obvious typographical errors or other incorrect information relating to the characteristics or the price of the training. DETEC must demonstrate to the customer that there is indeed a typographical error or incorrect information.
3.1
For online training, DETEC does not provide the training environment. The customer is responsible for, and bears the cost of, providing all technical and organizational requirements necessary for conducting the training. In particular, participation in the training and the use of certain functionalities require an existing data connection on the device used for the training. If the training takes place on the customer’s premises, DETEC will inform the customer in good time before the start of the course which specifications and equipment the training rooms must have. This includes, in particular, suitable computers on which the respective software that is the subject of the training is installed.
3.2
Customers must be able to access a separate DoXite environment within an isolated, virtual environment. They require administrative rights within this training environment. Since the courses are highly practice-oriented and involve numerous exercises, it is necessary for customers to have the ability to share their screen with all participants. The customer warrants that the training environment it provides does not interfere with or disrupt its production systems or operations.
3.3
When conducting online training, DETEC uses the “Google Meet” video conferencing tool. This involves the transmission of audio and video as well as standard functions such as screen sharing or granting mouse control. If the customer’s internal guidelines require the use of a customer-internal meeting tool (e.g., WebEx or MS Teams), the customer will set up the meeting sessions, and the trainer will be a participant who is granted all the rights necessary for conducting the training (including presenter rights).
3.4
Further customer obligations include, but are not limited to, the following:
unless these services are contractually assigned to DETEC’s area of responsibility. If customer obligations are owed and the necessary details have not already been contractually defined, DETEC will request these from the customer with reasonable notice, specifying the relevant framework conditions in writing. DETEC will promptly inform the customer in writing if, from DETEC’s point of view, the customer’s contributions are insufficient.
3.5
Unless otherwise agreed in individual cases, all obligations to be performed by the customer shall be free of charge. The services to be performed by the customer constitute actual obligations and are not merely duties of courtesy. If and to the extent that the customer fails to meet its obligations at all, in a timely manner, or as agreed, and if this affects DETEC’s ability to provide services, the contractor is released from providing the affected services. The relevant performance deadlines for the contractor shall be extended by a reasonable period; if binding dates are agreed, the contractor is released from its obligation to perform. Any additional expenses incurred and evidenced by the contractor shall be remunerated separately on the basis of the agreed terms, without prejudice to the contractor’s further rights.
3.6
If a participant cannot meaningfully participate in the training due to reasons attributable to the customer (e.g., lack of technical or professional prerequisites), DETEC’s right to payment remains unaffected. However, the customer may designate a suitable replacement participant at no additional cost, provided they meet the participation requirements. DETEC must be notified of the replacement participant in text form at least three working days before the training begins.
4.1
DETEC is free to choose the personnel it deploys for providing its services. DETEC ensures that the personnel it deploys are sufficiently qualified for the services to be provided. If and to the extent that DETEC has named certain individuals to the client whom it intends to deploy, this reflects the planning status at the time of naming. The customer does not have a right to the assignment of these named individuals.
4.2
DETEC may also perform its services through subcontractors. DETEC shall structure its agreements with subcontractors in such a way that they comply with the provisions of this contract.
4.3
The personnel assigned by DETEC to render services do not fall under the customer’s authority to issue instructions. This particularly applies where personnel assigned by DETEC perform services on the customer’s premises. The contractual relationship between the parties does not, in particular, constitute an employee leasing arrangement within the meaning of § 1 of the German Temporary Employment Act (AÜG).
5.1
The services rendered by DETEC shall be compensated for on a flat-rate basis according to the training fees specified on the website. The course fee plus VAT will be invoiced after the course is completed and is payable immediately upon receipt of the invoice.
5.2
DETEC is also entitled to reimbursement of the expenses necessary and evidenced for performing its services, including travel expenses according to applicable tax regulations. In particular, these include:
If the training takes place on the customer’s premises, these costs also include providing refreshments for participants. DETEC is obligated to present all receipts, original documents, and records related to the incurred travel expenses. These documents must clearly show the nature and reason for the expense. The provision of training materials is not remunerated separately unless otherwise agreed.
5.3
Unless explicitly agreed otherwise, all quoted prices are exclusive of the applicable VAT (currently 19%).
5.4
Upon the publication of a new training offer (e.g., on the website or in a written price list), any previously announced prices shall no longer apply to future contracts. For already confirmed registrations or existing contracts, the agreed prices remain binding.
If the customer terminates the contract or individual service components before performance has been provided, DETEC is entitled, for fixed-price contracts, to the full payment amount. However, DETEC must offset what it saves as a result of the termination and what it earns or maliciously refrains from earning by reallocating the workforce.
7.1
DETEC is entitled to cancel training sessions or postpone them in agreement with the customer for reasons beyond DETEC’s control, especially if the minimum number of participants is not reached, the trainer is ill, or other unforeseeable events occur. DETEC will inform the customer immediately about this by email, using the contact details provided, and coordinate a new date with the customer.
7.2
Reasons beyond DETEC’s control may include, in particular, maintenance, security, or capacity issues, as well as events outside of DETEC’s sphere of influence (e.g., disruptions to public communication networks, power outages, force majeure), and the intentional damage caused by third parties (viruses, malware, etc.). The hardware, software, and technical infrastructure used by the customer can also impact the feasibility of the training. Insofar as such circumstances prevent the training from being carried out, this does not affect the conformity of the services rendered with the contract.
8.1
DETEC grants the customer a non-transferable, simple (non-exclusive), unlimited right in terms of location and time to use training materials expressly issued as a handout or a PDF file for the customer’s own internal purposes. By contrast, the customer is expressly not permitted to copy or make available to third parties any licensed materials or other teaching materials provided for training purposes, or to remove such materials from the training rooms or take them away. Licensed materials include, in particular, data processing programs and licensed data assets in machine-readable form, including associated documentation.
8.2
The usage right under § 8 I S. 1 also includes the right to make changes, translations, adaptations, or other modifications and to use them for the customer’s own internal purposes, including storage and reproduction.
8.3
The usage rights pursuant to § 8 shall only transfer to the customer after full payment of the agreed remuneration by the customer.
9.1
DETEC shall be liable for grossly negligent and intentional breaches of duty, as well as for personal injuries caused by ordinary negligence. If the customer is an entrepreneur, liability for non-intentional actions is limited to the typically foreseeable damage at the time of contract conclusion.
9.2
In the event of slight negligence, DETEC is only liable for breaches of essential contractual obligations and is limited to the foreseeable damage at the time of contract conclusion. This limitation does not apply in the event of injury to life, body, or health. Liability for slight negligence is further limited in amount to the damages typically foreseeable at the time of contract conclusion, which can typically be expected to occur. This limitation of liability also applies in favor of DETEC’s vicarious agents. Any liability arising from pre-contractual fault (culpa in contrahendo) remains unaffected.
All personal data is treated with strict confidentiality by DETEC. DETEC’s data protection practices comply in particular with the GDPR, the German Federal Data Protection Act (BDSG), and the Telecommunications-Telemedia Data Protection Act (TTDSG). Personal customer data is disclosed only to the extent necessary to fulfill the contractual relationship. Only the data required for these purposes is shared with third parties. Among other rights, the customer may at any time request information about the personal data stored about them, free of charge, and request that it be deleted, corrected, or blocked for advertising purposes. Our detailed privacy policy can be found here (https://www.detec.com/privacy-statement/).
11.1
All contracts concluded with DETEC within the meaning of § 1 are governed exclusively by the laws of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German.
11.2
For all present and future claims arising from the business relationship with entrepreneurs, including bills of exchange and checks, the place of jurisdiction is the registered office of DETEC.
11.3
In business transactions with companies, the common place of performance for both parties is the registered office of DETEC.
11.4
Notifications and declarations to DETEC must be made in text form. Contractual agreements or declarations by the contracting party remain unaffected by this requirement.
11.5
Should individual provisions of this contract be or become invalid or unenforceable, in whole or in part, this shall not affect the validity of the remaining provisions of this contract. The parties shall replace any invalid or unenforceable provision with a legally valid and enforceable provision that most closely reflects the economic intent of the invalid or unenforceable provision, which they would reasonably have agreed upon if they had known of the invalidity or unenforceability at the time of contracting. The same applies in the event of a contractual gap.
Provider:
DETEC Software GmbH
Im Neugrund 16
64521 Groß-Gerau
Responsible for the contents: Corry S. Hong, Managing Director
Phone: +49 6152 71230
Fax: +49 6152 7123 199
info@detec.com