General Terms and Conditions
1. Scope of the GTC
The business relationship between Infralovers GmbH (hereinafter referred to as "Service Provider") and the purchaser of the Service Provider's products and services (hereinafter referred to as "Service", "Products" or "Goods"), hereinafter referred to as "Customer", shall be governed exclusively by the following General Terms and Conditions (hereinafter referred to as "GTC").All types of training (public & private) and consulting contingents offered by and through the Service Provider shall be deemed to be services.
For training offers provided by third parties (e.g. HashiCorp) and carried out by Infralovers, the GTC of the respective third party apply.
Deviating terms and conditions of the customer will not be recognised, even if the service provider renders its services without objection, unless the service provider expressly agrees to the validity of the deviating terms and conditions of the customer.All references to persons apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine language forms has been omitted."Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.The service provider's offer is aimed at customers who are entrepreneurs (also referred to as "business customers" or "B2B") and private individuals (also referred to as "consumers" or "B2C"). By placing an order or registering as a customer, customers declare that they are a business customer or a consumer.
2. Contract text and contract language
The service provider saves the text of the contract and makes it available to the customer in text form (e.g. by e-mail or in print). The customer can print out the text of the contract before placing the order with the service provider by using the print function of his browser or the save function for websites in the last step of the order.The contract languages are German and English; contracts can be concluded in these languages.
3. Payment methods and terms of payment
Unless otherwise agreed, payments shall be made without deductions, discounts or other rebates, and the customer shall ensure that he fulfils the requirements necessary for successful payment using the selected payment method. These include, in particular, sufficient funds in bank and other payment accounts, registration, legitimisation and authorisation with payment services and confirmation of transactions.Purchase on account - The invoice amount is to be paid by the customer by transfer to the Service Provider's bank account, unless otherwise agreed. The payment deadlines stated on the invoice shall apply, and the customer shall be charged for any costs incurred as a result of reminders for overdue receivables. In the event of late payment, the Service Provider shall be entitled to charge default interest at the statutory rate as well as other consequences and costs determined by law to the defaulting customer. The customer's obligation to pay default interest does not preclude the service provider from claiming further damages caused by default. The damages caused by default include costs of legal enforcement, such as costs for legal advice, dunning procedures or debt collection.
4. Realisation, availability
4.1 Private training
For all training courses, the customer has a cancellation or postponement period free of charge up to 14 days before the agreed date at the latest. In the event of cancellation less than 14 days before the date, the full invoice amount is due, regardless of the number of participants. A postponement is only possible up to 14 days before the training, otherwise the date is considered fixed and will be invoiced regardless of the number of participants, even if there are 0 participants.
If the customer is unable to attend the training course, he/she may nominate substitute participants; this must take place no later than 2 calendar days before the start of the training course. It is the customer's responsibility to ensure that substitute participants fulfil the specified training requirements.
In the case of on-site training courses, any travel, accommodation and cancellation costs already incurred will be invoiced in the event of cancellation of the training course, and any private training quotas purchased and not used will lose their validity after one year.
4.2 Public TrainingPublic
Trainings are also offered via third party providers such as HashiCorp and Infralovers is familiar with their implementation. In the case of public trainings via third-party providers, the respective terms and conditions of these providers apply - e.g. HashiCorp or the correspondingly labelled other provider or, in the case of Infralovers Public Trainings, the Infralovers terms and conditions. Public trainings take place with a minimum number of 8 participants. The participants will be informed 2 days before the training that the training will take place or will be cancelled due to a lack of participants.
If the requested training course is not available because the service provider is not supplied with it by its suppliers through no fault of its own, in particular with regard to ensuring the supply of training materials from third parties and reasonable endeavours on its part, the service provider may withdraw from the contract. In this case, the service provider shall inform the customer immediately and, if necessary, suggest the performance of a comparable service.
Purchased and unutilised public training quotas lose their validity after one year.
4.3 Custom Training
The Service Provider offers customised training courses to meet the specific needs and requirements of the Customer. The custom training courses are developed according to the individual requirements and are created exclusively for the respective customer. The content, duration and cost of such trainings are agreed in advance and are based on the specific requirements of the customer.Custom trainings are excluded from exchange to other trainings as they are customised for the customer.
Infralovers Consulting is offered in the form of quotas, which are purchased in advance.
The feasibility and availability of the consulting services depend on various factors, including the availability of our consultants and the nature of the desired consulting project. Timely and long-term planning of the desired contingents is therefore recommended. Only then will we be able to plan for the provision of qualified specialised personnel and adherence to the agreed schedules.
We reserve the right to refuse or postpone the performance of consulting services if unforeseen circumstances or other unavoidable obstacles arise that could affect the successful provision of the services. In such a case, the client will be notified as early as possible and solutions will be sought together.
All details regarding the performance and availability of consulting services will be set out in a separate contract or contingency agreement signed by both parties.
Purchased and unutilised consulting quotas lose their validity after one year.
If the performance of one of the services offered should fail through the fault of the customer, the service provider may withdraw from the contract. Any payments made shall be refunded to the customer without delay. Exceptions to this are "customised" services that have been tailored precisely to the customer and therefore costs have already been incurred, such as "Build your Training" training courses and consulting contingents. As well as all other services that have already incurred costs.
A training or consulting day is defined by the service provider as 8 hours.
4.6 Limitation of liability
The service provider is not responsible for interrupted or delayed provision of services offered, failures, loss of personal data or other errors in the services offered (including non-provision). This exemption from liability applies in particular to situations in which such interruptions, delays, losses or errors are due to actions or events beyond the control of the Service Provider, including force majeure events such as, for example Pandemics, acts of foreign governments, environmental disasters, war.
4.7 Prohibition of disclosure
Disclosure of training materials to non-training participants is strictly prohibited. Recording, photographing, making audio recordings or other means of making a 1:1 copy of the training is also prohibited.
4.8 System requirements
The customer must ensure that all system requirements are met prior to training (whether online or on-site) and that nothing stands in the way of a smooth training process. This is particularly relevant for the successful realisation of the labs by the customer.
The service provider provides all training courses in German and English, whereby the language preference must be specified when the customer registers. The customer is therefore responsible for whether he can follow the training in the chosen language. Unless otherwise stated or agreed, the training documents are in English.
5. Digital content
"Digital content" is content such as software, video and audio content, training, e-books or apps if they are provided digitally, e.g. as a download, video call or stream (i.e. not delivered on data carriers such as CDs or BlueRays).The provisions of these GTC apply accordingly to the sale of digital content.The digital content is provided to the customer in the form of a video conference.The service provider is entitled to subsequently adapt and change digital content if this is necessary for the service provider (e.g. updates of a technical nature, corrections of a linguistic nature or mandatory legal reasons that require the adaptation of content). The service provider is entitled to subsequently adapt and change digital content if this is necessary for the service provider (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons that make it necessary to adapt content) and the contractual use of the products and the contractual balance are not impaired.Internet access and common and customary display options that are reasonable for the customer (e.g. a browser or PDF display software) are required for the use of the digital content. The Service Provider accepts no responsibility for any impediments to accessing or retrieving digital content if these impediments lie within the Customer's sphere of responsibility (this applies in particular to the Customer's access to the Internet).
6. Digital services
"Digital services" exist if they enable the customer, who is a consumer, to create, process or store data in digital form or to access such data or enable the sharing of data uploaded or created in digital form by the consumer or by other users of the corresponding service or other interactions with this data; the provisions of these GTC apply accordingly to digital services.
7. Creation and processing according to the customer's specifications
The customer shall be informed of its required cooperation in the context of the product description or the ordering and consulting process. when fulfilling its obligations to cooperate, the customer must observe the agreed format, the agreed transmission channel and other agreed technical specifications and deadlines, in particular when providing information and materials. the customer undertakes to provide only such information and materials and to carry out cooperative actions whose contractual processing by the service provider does not violate applicable law or the property rights of third parties. In particular, the customer undertakes to ensure that it has the necessary rights of use and disposal for the processing by the service provider. The Service Provider shall not be obliged to check the legality of the processing of the Customer's data; the Service Provider shall not bear any costs for the Customer's co-operation; the Customer shall indemnify the Service Provider, its employees and representatives against liability and/or claims by authorities or third parties that arise in connection with the Customer's co-operation and for which the Customer is responsible. The indemnification shall also include all necessary and reasonable legal defence costs. Furthermore, in this case, the Customer shall support the Service Provider in the defence against the claims by providing reasonable and necessary cooperation and information, and the Service Provider shall be entitled, on the basis of an appropriate assessment, to reject processing orders, even after conclusion of the contract, in which the Service Provider may assume, on the basis of objective evidence, that there is a violation of the applicable legal situation, the rights of third parties or public morals (this applies in particular to information and materials that are harmful to minors, discriminatory, offensive or anti-constitutional).
8. Copyrights and rights of use
The services/products sold by the Service Provider are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation lie with the service provider or the respective rights holders. Customers undertake to recognise and observe these property rights and shall be granted the simple rights to use the purchased products for contractual purposes. Otherwise, the use and utilisation of the products is not permitted. In particular, copyright-protected products of the service provider may not be reproduced, distributed, made publicly available or made available to third parties in any other way on the Internet or in intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law, and if the products are subject to a specific licence of use, the customers will be informed of the licence of use. In this case, the provisions of the licence of use shall apply prior to these GTC. if the service provider makes advance payments, the rights of use shall only be granted to the customer provisionally and shall only become effective once the customer has paid the invoice amount in full.
8.1 Prohibition of resale
It is expressly forbidden for the customer to resell the service provider's training products to third parties unless the customer is an active authorised partner of the service provider who has been explicitly entrusted with the resale. The Service Provider reserves the right to refuse services for any services that have been resold by an unauthorised party.
9. Termination & Cancellation
9.1 Termination & cancellation by the Service Provider
The Service Provider reserves the right to cancel a training course at its own discretion up to 2 working days before the scheduled training course.
The customer will not be charged for the training and an alternative date will be proposed. In the case of on-site training courses, the Service Provider shall not be liable for any travel and hotel costs incurred by the Customer.
9.1 Termination & cancellation by the customer
The customer may postpone his booked training course free of charge up to 14 days before the start of the training course at the latest. This is possible up to 2 times, from the 3rd time a processing fee of 50% will be charged.
9.3 Course prerequisites
The customer must ensure that all course-relevant prerequisites are fulfilled before the booked training course. Unfulfilled prerequisites lead to a limited training experience and are not grounds for complaint.
9.4 Additional course guidelines
9.5 Right of cancellation
In order to ensure that participants receive an appropriate learning environment during the training, the Service Provider reserves the right to exclude participants from a training course. Persons who harass other participants or the course instructors or who, at the Service Provider's discretion, behave inappropriately or disrupt the training may be excluded from the event and will not be authorised to attend the training again. In the event of exclusion, the service provider's liability is limited to reimbursement of the training fee paid by the customer. The service provider accepts no liability for any inconvenience or consequential damage.
10. Cancellation policy
The information on the right of cancellation for consumers can be found in the service provider's cancellation policy below.
11. Warranty and liability
The Service Provider shall not be liable for the Customer's Internet connection, the software and hardware used by the Customer or any disruptions to the establishment or performance of the contract between the Customer and the Service Provider caused by them, and the Service Provider shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the service provider shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee promises. In this case, however, the service provider shall only be liable for foreseeable, contract-typical and expectable damage. The service provider shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of the service provider is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. Otherwise, claims for damages by the customer are excluded. The above liability provisions shall also apply to claims for damages by the customer within the scope of the service provider's statutory warranty; the limitations of the warranty and liability obligations and the shortening of the relevant deadlines shall not apply in the event of mandatory recourse claims by the customer under consumer law. This applies in particular in the case of claims for damages and reimbursement of expenses by consumers, in the case of a shortened deadline for products that have been used for a building in accordance with their normal use and have caused its defectiveness and in the case of any updating obligations for contracts for digital products.
12. Amendment of the GTC
The Service Provider reserves the right to amend these GTC at any time with effect for the future in the following cases: a) If the amendment serves to bring the GTC into compliance with the applicable law, in particular if the applicable legal situation changes; b) If the amendment serves the Service Provider to comply with mandatory court or official decisions; c) If completely new services or service elements as well as technical or organisational processes require a description in the GTC. In the case of customers who are entrepreneurs, changes may also be made in addition to the cases mentioned, provided that they are reasonable, appropriate and objectively justified for the customer, and the service provider shall endeavour to announce the amended GTC at least two weeks (14 days) before they come into force via this website or in another appropriate manner of notification. If a Customer does not object to the new GTC within two weeks, the amended GTC shall be deemed accepted by the Customer. When the new GTC come into force, the customer will be informed of the consequences of not objecting. Customers may also agree to the amended GTC by expressly consenting to them; the most recent GTC shall apply to all current contracts, unless otherwise agreed and the customer has not been informed of the new GTC.
13. Final provisions
The legal relationship between the Customer, if the Customer is an entrepreneur, and the Service Provider shall be governed exclusively by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods, and the place of jurisdiction shall be the registered office of the Service Provider if the Customer is an entrepreneur. The service provider reserves the right to choose another permissible place of jurisdiction.
14. Dispute resolution and consumer dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found at . Consumers have the option of using this platform to resolve their disputes.
15. Reference information
Infralovers is authorised to refer to the existing or previous business relationship on its own advertising channels (especially ), in particular with the name and company logo of the customer (reference notice), subject to written revocation by the customer, which is possible at any time.
Cancellation is possible at any time under the following contact: firstname.lastname@example.org
Status as at 07th December 2023
16. Instructions on Withdrawal for Consumers
14.1 Exclusion or Premature Expiry of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice of or decision by the Consumer is decisive or which are made to the consumer’s specifications or are clearly personalised.
The right of withdrawal shall expire prematurely if we have only commenced performance of the contract after you have given your express consent and at the same time confirmed your understanding that you shall lose your right of withdrawal upon commencement of performance of the contract on our part and we have provided you with the content of your declaration on a durable data medium within a reasonable period after conclusion of the contract, but no later than upon delivery of the goods or before performance of the service is commenced. The right of withdrawal shall expire prematurely if we have only commenced performance of the contract after you have given your express consent and at the same time confirmed your understanding that you shall lose your right of withdrawal upon commencement of performance of the contract on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.
Created with Datenschutz-Generator.de by Dr. jur. Thomas Schwenke