Terms and Conditions

ORDERS AND ACCEPTANCE

a. For open enrolment classes Intracon will provide the customer with a reservation notice as soon as possible after receipt of the customer’s order and will provide the customer a confirmation notice after receipt of a valid method of payment.

b. The parties hereby agree that they may do business electronically, including contract formation, order placement and acceptance. Any orders placed by the customer and accepted by Intracon on any Intracon.com website will create fully enforceable obligations that will be subject to the T&Cs.

c. Such orders and acceptances will be deemed for all purposes to be:
1) business records originated and maintained in documentary form;
2) a “writing” or “in writing”;
3) “signed”; and
4) an “original” when printed from electronic files or records established and maintained in the normal course of business.

d. The parties further agree not to contest the validity or enforceability of such transactions under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the parties to be bound thereby and will be admissible if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form.

WARRANTY

a. Intracon warrants that all Intracon Services will be provided in accordance with generally recognized commercial practices and standards.

CANCELLATION

a. Unless otherwise specified or agreed in writing by Intracon, all courses shall commence on the date specified by Intracon in the order confirmation. Intracon reserves the right to change or cancel online lecture only training events up to 3 business days prior to the class start date and any other training event up to 10 Intracon business days prior to the class start date.

b. Intracon will use reasonable efforts to give notice of any cancellation of any course. If the course cannot be rescheduled, Customer may be entitled to a refund of any fee paid in respect of the cancelled services but shall not otherwise be entitled to any compensation, costs, losses or damages arising from such cancellation.

c. Cancellations or rescheduling of courses must be made within the specified number of Intracon business days prior to the start date of the class or the full tuition will be charged.

d. Such days will be specified in the order confirmation letter. Intracon business days are Monday through Friday, excluding German public holidays.

PAYMENTS

a. Intracon reserves the right to change course prices at any time. In the event of such change, confirmed registrations will be honored at the original price. Registrations confirmed by a purchase order within 30 days of a price increase will also be honored at the original price.

b. Prices do not include sales, use, service, value added or like taxes or customs duties. Such taxes and duties, when applicable, will be added to Intracon’s invoices. Further, if class deliveries are requested outside of the original invoicing country, it may be necessary for Intracon to issue an invoice from the delivery country location.

c. All payments will be made within 30 calendar days of the date of invoice. These credit terms are subject to Intracon credit approval. Intracon may change credit terms upon reasonable notice at any time when, in Intracon’s opinion, Customer’s financial condition, previous payment record, or the nature of Customer’s relationship with Intracon so warrants.

d. When Customer has otherwise purchased a volume discounted education package, Customer may utilize such package for fulfilment of payment obligations for orders issued hereunder; provided, however sufficient credits must exist to pay in full for all Intracon Services that will be delivered pursuant to the order. If additional credits are needed, Customer may purchase such credits from Intracon or an authorized Intracon reseller prior to the commencement of the Intracon Services or provide another valid method of payment for the difference. If Customer provides such other method of payment the volume discount will not apply.

INTELLECTUAL PROPERTY

a. All Course Materials provided for use throughout the course are the copyrighted works of Intracon or the original content provider. Unless otherwise set forth, the Course Materials are provided for the sole use of the person attending classes and may not be used by any other person and may not be reproduced, distributed or modified without the written permission of Intracon.

REMEDIES AND LIABILITIES

a. Intracon’s total aggregate liability to Customer for any reason and upon all claims and causes of action hereunder will be limited to the amount of fees paid by Customer for the Intracon Services giving rise to the claim or cause of action. This limitation applies to all causes of action or claims including without limitation breach of contract, breach of warranty, negligence, strict liability or other torts. In no event will Intracon be liable for any consequential, special, indirect, incidental or punitive damages, including without limitation loss of data, loss of profits or loss of savings or revenue, even if it has been advised of the possibility of such damages.

b. In no event will any cause of action be brought against Intracon more than one year after the cause of action has accrued.

c. THE REMEDIES IN THESE T&Cs ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES.

d. The parties understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations hereunder.

e. The fees payable to Intracon reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in these terms and conditions.

GENERAL

a. Customer acknowledges and agrees that temporary interruptions of online training services may occur from time to time. Intracon shall exercise reasonable care to prevent or minimize such interruptions.

b. Intracon shall not be liable to Customer for any failure or delay in receiving or transmitting data, or for any loss of or corruption to any data arising out of or in connection with delivering or conducting online training services.

c. Intracon may refuse any individual admission, to a course, that it considers to be a safety or security risk to other course participants or the premises where the course is being held. Additionally, Intracon may request any person in breach of its course regulations to leave the Intracon premises or other premises where the course is held. Fees paid for course participant not admitted due to these circumstances will be forfeited and Customer will not be entitled to a refund for any portion thereof.

d. Intracon will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control.

e. Except with respect to Intracon’s rights regarding the use of subcontractors, neither party may assign any rights or obligations hereunder without prior written consent of the other party. Intracon may, however, assign any rights and obligations hereunder to an affiliated entity at any time subject to written notice. These terms and conditions will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

f. Customer who exports, re-exports or imports data purchased hereunder, assumes responsibility for complying with applicable laws and regulations, and for obtaining required export and import authorizations. Intracon may suspend performance if Customer is in violation of applicable export laws.

g. Disputes arising in connection with these T&Cs will be governed by the laws of the country and locality in which Intracon accepts the order.

h. If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.

i. Customer will comply with the general obligations specified by these Terms and Conditions together with any specific Customer obligations described in the Statement of Work, in a timely manner. Customer acknowledges that Intracon’s ability to deliver the Intracon Education Services is dependent upon Customer’s full and timely cooperation with Intracon, as well as the accuracy and completeness of any information and data Customer provides to Intracon.

j. Neither party’s failure to exercise any of its rights under these T&Cs will constitute or be deemed a waiver or forfeiture of those rights.

k. Participants and signature lists for a respective event are visible to all participants of the respective event equally.

l. These T&Cs and, any applicable Intracon order confirmation, SOW and/or Intracon Data Sheet, constitute the entire agreement between Intracon and Customer and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Customer’s additional or different terms and conditions will not apply. Customer’s purchase will constitute Customer’s acceptance of these T&Cs which T&Cs may not be changed except by an amendment signed by an authorized representative of each party.

 

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