General Terms and Conditions of Ingram Micro Training
Scope
These General Terms and Conditions (hereinafter “T&Cs”) apply to the training sessions/seminars/courses (hereinafter “Seminars”), conducted by an Ingram Micro affiliate
(hereinafter “Ingram Micro”) for companies (hereinafter “Customers”), which have booked the Seminars with the respective Ingram Micro affiliate or a partner company.
"Open Seminar" refers to a Seminar with a published date and for which attendees from any company can register. The date and the place of delivery are determined
by Ingram Micro. The content depends on the guidelines provided by the respective manufacturer.
"Closed Seminar" is a Seminar held for a closed group of attendees. The date and the place of delivery are determined together with the Customer.
1. Registration
Seminars can be booked in writing, via email or on the Ingram Micro training website (hereinafter “Website”). Since the number of participants in any Seminar is
limited due to pedagogical reasons, registrations are taken on a first-come first-served basis. The Seminar contract enters into effect after written confirmation of the booking by Ingram Micro.
2. Admission requirements
The Ingram Micro Seminars are open to all Customers who meet the requirements mentioned in the Seminar description.
The Seminar description together with the dates on which the Seminars will begin are available on the Website. Ingram Micro reserves the right to vary or withdraw
any of the Seminars described on the Website without notice.
3. Cancellation of Seminars / postponement of Seminars
(1) Cancellation of closed Seminars by the Customer
If you cancel within 21 days or more before the planned beginning of a Seminar, no cancellation fee applies provided that you cancel in writing.
If you cancel between 21 and 15 days before the planned beginning of the training, the cancellation fee shall amount to 50% of the total training price.
If you cancel 14 days before the planned beginning of the training, you shall be liable to pay the full price of the training.
(2) Cancellation of open Seminars by the Customer
If the cancellation notice is sent to Ingram Micro within 15 days or more before the beginning of the Seminar, no cancellation fee applies.
If you cancel between 14 and 7 days before the planned beginning of the training, the cancellation fee shall amount to 50% of the total training price.
If you cancel 7 days before the planned beginning of the training, you shall be liable to pay the full price of the Seminar.
The Customer is entitled to send a replacement to participate in the seminar they have booked. This right can be granted by Ingram Micro only for Seminars that are
held by Ingram Micro directly.
(3) Cancellation by Ingram Micro
Ingram Micro reserves their right to cancel a Seminar and/or to postpone it, especially in case of events that render the fulfilment of this service by Ingram Micro unreasonable
for technical or financial reasons. The affected participants shall be informed immediately. If Ingram Micro cancels a Seminar which has been paid for in advance, Ingram Micro shall offer
another meeting slot for your booking that should suit all participants or allow the refund of the amount you have paid.
(4) Cancellation by Ingram due to insufficient number of registrations
Ingram Micro reserves the right to cancel a Seminar if the number of confirmed registrations is insufficient (three or below).
(5) Cancellation of Seminars for which Ingram Micro acts as an agent
If Ingram Micro refers a participant to a cooperation partner, the General Terms and Conditions of Ingram Micro shall not apply exclusively. In this case, the business terms of the
partner shall apply in the case of cancellation by the Customer as well as to the cancellation by the partner company.
4. Payments and terms of payment
The price of the Seminar is due in full on the stated due date, plus VAT at the respective statutory rate, if applicable. The payment shall be made to the account of
Ingram Micro, stated on the invoice, using the invoice number as a reference.
5. Seminar content / Seminar instructors
(1) The Seminar contents published on the training website of Ingram Micro are handled according to the level of knowledge of the participants.
Our trainers may adapt the training contents to the needs of the group.
(2) Ingram Micro reserve the right to change the instructors and/or to postpone and/or change a program as long as these changes do not substantially alter the purpose
of the Seminar. It is not possible to request a specific Seminar instructor.
(3) Ingram Micro shall not grant any explicit nor any implicit guarantee that the training sessions will result in marketability or that they are suitable for a specific purpose
targeted by the Customer. There is also no guarantee of the results obtained by the Customer through their participation in the training or the use of the training materials.
6. Certification
Each Customer receives a certificate of attendance in their own name after the Seminar.
7. Data protection
(1) With regard to the provisions of the Federal Data Protection Law, we hereby inform you that we store and use your personal data as part of the fulfilment of our contractual relationship.
The Customer agrees to the processing of his data, as far as this is within the scope of the purpose of the contractual relationship.
(2) Ingram Micro complies with the relevant data protection regulations. If Ingram Micro comes into contact with personal data of the Customer, it will not process this data without authorisation
within the meaning of the EU General Data Protection Regulation (DS-GVO) and the Federal Data Protection Act (BDSG). Personal data may therefore only be processed if consent has been given
or a statutory regulation permits or prescribes the processing. The principles of the DS-GVO for the processing of personal data in accordance with Art. 5 DS-GVO must be upheld. Personal data
may only be processed in accordance with Customer’s instructions. The contracting parties shall oblige their employees and any subcontractors to observe data secrecy, unless such an obligation already exists.
(3) The personal data of Customer processed in the Seminar includes names and email addresses, learner ID of certain producers and content data. Further your email address could be used for Seminar information and content,
discount offers etc.
(4) Your name may appear in contributions that you have drafted for us which we use for reference purposes.
(5) You can refuse the use, processing/transfer of your personal data and/or withdraw your approval in this respect in writing at any time. After the receipt of your refusal/withdrawal, the respective data will no longer
be used and/or the dissemination of publicity materials shall cease without further delay.
We only use your personal information to the extent necessary to achieve the purpose of the contractual relationship. Beyond that, we do not collect any personal information about you unless you provide us with this
information on a voluntary basis, and we also only collect, process and use personal information in order to be able to offer you the desired service in the best possible way.
You can find further information on the area of data protection on our website at: www.ingrammicro.com/Privacy-Statement-German.pdf
8. Seminar materials / Copyright
The materials, software provided to the participants for learning purposes during the Seminar as well as other media offered for the purposes of the Seminar, individually tailored training
solutions and customised learning portals are protected by copyright. The reproduction, dissemination or other use of the provided materials – also partially – is only permitted with the prior written consent of Ingram Micro.
9. Warranties
Ingram Micro warrants that its Seminars will be performed with reasonable skill and care, in accordance with the Seminar description.
10. Compensation for losses / liability
The cancellation of a Seminar due to trainer sickness, force majeure or other circumstances that are beyond the control of Ingram Micro shall not result in entitlement to training performance.
In such cases, Ingram Micro shall not be liable for travel or accommodation costs, nor for costs due to absence from work. Generally, in case of a cancellation of a Seminar, Ingram Micro shall only be liable
in the case of willful intent and gross negligence.
The liability of Ingram Micro for any special, incidental, consequential, punitive, or indirect damages such as business interruption or stoppage, loss of earnings or profits, data loss, and so forth is excluded.
Except to the extent related to either Party’s (a) fraud, gross negligence or willful misconduct, (b) breach of confidentiality, or (c) death or personal injury caused by negligence, to the maximum extent permitted
by law, the entire liability of the Parties shall be limited to the fees paid or payable by Customer to Ingram Micro under each Seminar contract and not exceed the amount of service fees actually paid by Customer
to Ingram Micro for all Seminar contracts during the six months immediately preceding the event giving rise to liability.
11. Severability clause
The invalidity of one of the aforementioned provisions in these General Terms and Conditions shall not affect the validity of the remaining provisions. If a provision is or becomes invalid, it shall be replaced
with one that shall be as close as possible to the invalid provision from the point of view of the economic purpose attained.
12. Jurisdiction/Applicable law
The jurisdiction for all current and future claims arising from and in relation to business contracts with registered traders is exclusively the competent court for the main office of the respective
Ingram Micro affiliate. The entire contract is governed exclusively by the law of the state in which the respective Ingram Micro affiliate has its headquarters, to the exclusion of the
UN Convention on Contract for the International Sale of Goods (CISG).
13. Written form requirement
Amendments and addendums to these General Terms and Conditions must be made in writing in each case.
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