General Terms and Conditions for the Training Division of Wendel Security
Preamble
Below you will find the General Terms and Conditions (hereinafter: “GTC”) that apply when entering into a contract with Wendel Security (hereinafter: “Wendel Security”) in the following areas:
1. General Part
1.1. Scope
(1) By booking a Master Class or an individual training session, the contracting party (hereinafter: “Contracting Party”) accepts the validity of these General Terms and Conditions.
(2) All contracts in the area of ”Wendel Training” are concluded exclusively on the basis of these General Terms and Conditions—even in the case of an ongoing business relationship where no explicit reference is made in subsequent instances—unless specific agreements have been reached for an individual case. Such specific agreements may be set out in the order confirmation issued by Wendel Security.
(3) Any modifications to these terms and conditions—in particular, any deviating or supplementary terms and conditions proposed by the contractual partner—are hereby expressly rejected. Any alteration to these General Terms and Conditions (GTC) included by the contractual partner in response to an order confirmation shall be deemed a rejection of the offer made by Wendel Security.
(4) Silence on the part of Wendel Security in response to order confirmations from the contractual partner that refer to deviating or supplementary terms and conditions shall not be construed as consent by Wendel Security.
1.2. Liability
(1) The following provisions apply to all claims for damages, regardless of the legal grounds upon which they are based. They also apply to claims for the reimbursement of wasted expenditure.
(2) The liability of Wendel Security for damages caused by negligence on the part of the company, its representatives, employees, agents, or corporate bodies is limited to EUR 10,000 per incident. Claims for damages against Wendel Security shall be subject to the statutory limitation periods; however, notwithstanding Section 199 (3) nos. 1 and 2 of the German Civil Code (BGB), such claims shall become time-barred no later than five years from the date on which the claim arose, and—regardless of when the claim arose—no later than ten years from the date of the act, breach of duty, or other event that caused the damage. (3) The aforementioned limitations of liability shall not apply in cases of intent, gross negligence, injury to life, body, or health, breach of essential contractual obligations (so-called “cardinal obligations”), or in any other cases where mandatory, unlimited liability is prescribed by law. In the event of a breach of essential contractual obligations (so-called “cardinal obligations”), claims for damages—except in cases of intent or injury to life, body, or health—shall additionally be limited to the foreseeable damage typical for the contract. Cardinal obligations are those obligations whose fulfillment is a prerequisite for the proper execution of the contract and upon the observance of which the client may regularly rely.
1.3. Data Protection
(1) Wendel Security processes the necessary personal data of the contractual partner and of the participants submitted by them in the context of the Master Classes, webinars, and events to be held. This processing is carried out for the purpose of managing training bookings (Art. 6 para. 1 sentence 1 lit. b GDPR) and for providing information about further Master Classes and events (Art. 6 para. 1 sentence 1 lit. f GDPR). Wendel Security is the party responsible for this.
(2) For Master Classes and individual training sessions, the company address, the customer’s name and contact details, as well as the names and contact details of the participants provided by the customer, will be processed. Where necessary, this information may be shared with trainers and partners of Wendel Security (e.g., for the issuance of personalized certificates). These data are retained for a period of 10 years for documentation purposes. Further information on this may be requested from Wendel Security.
(3) Every data subject has the right of access (Art. 15 GDPR), the right to rectification (Art. 16 GDPR), the right to erasure (Art. 17 GDPR), the right to restriction of processing (Art. 18 GDPR), and the right to data portability (Art. 20 GDPR), provided that the statutory requirements for these rights are met. Regarding the right of access and the right to erasure, the restrictions set out in Sections 34 and 35 of the German Federal Data Protection Act (BDSG-neu) apply. Furthermore, there is a right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR).
1.4. Prices and Terms of Payment
(1) All prices are exclusive of value-added tax or any other applicable taxes in the country where the training is provided. The current price list issued by Wendel Security shall apply. Upon the publication of updated prices on the website (wendel-security.com), any previously stated prices shall cease to be valid.
(2) The prices for the Master Classes offered at the premises of Wendel Security or its partners include the use of training systems, beverages, lunch, course materials, and lab environments.
(3) The prices for Wendel Security’s online master classes include training materials and the associated custom-built lab environment.
(4) Invoices from Wendel Security are due for payment within 14 days of receipt.
1.5. Termination
Failure by either party to fulfill any of the terms of the engagement entitles the other party to terminate the work assignment. The right to claim damages is reserved.
1.6. Confidentiality
The respective recipient of confidential information declares that they will exercise reasonable care to protect such confidential information from unauthorized disclosure; such care shall in no event be less than the degree of care the recipient employs to protect its own trade secrets. The obligation of confidentiality shall remain in effect for a period of three (3) years following the conclusion or termination of this work assignment.
1.7 Jurisdiction
The place of performance is Münster. For all disputes arising from the contractual relationship, if the customer is acting in the exercise of their commercial or independent professional activity at the time the contract is concluded, or is a legal entity under public law or a special fund under public law, any legal action must be brought before the court having jurisdiction over our registered office. German law shall apply exclusively, even if the customer’s registered office is located abroad.
2. Terms and Conditions for Booking Training Sessions
2.1. Regular Business Hours
The regular business hours for Wendel Security are Monday to Friday, 08:00 to 18:00.
2.2. Conclusion of Contract
(1) A Master Class of any kind may be booked via fax, letter, e-mail, or through the Wendel Security website.
(2) A contract is only concluded once the contractual partner receives an order confirmation from Wendel Security in text form.
2.3. Teilnahmevoraussetzungen
Bei dem Teilnehmer des Vertragspartners wird vorausgesetzt, dass sie die in der bei Vertragsschluss geltenden Beschreibungen der Master Classes unter „Voraussetzungen“ aufgeführten Kenntnisstände besitzen. Die Beschreibungen und Voraussetzungen sind auf der Website von Wendel Security veröffentlicht und auf aktuellem Stand der ausführenden Trainer. Wendel Security kann keine Gewähr dafür übernehmen, dass die Inhalte der Trainings dem Teilnehmer des Vertragspartners vermittelt werden können.
2.4. Cancellations by the contractual partner
(1) Cancellations by the contractual partner must be submitted to Wendel Security in written or electronic form.
(2) The cancellation costs for Wendel Security are determined as follows:
• Cancellation up to 15 working days before the start of the Master Class: no cancellation fee
• Cancellation up to 10 working days before the start of the Master Class: the cancellation fee is 50% of the course fees
• Cancellation 5 or fewer working days before the start of the Master Class: The cancellation fee is 100% of the course fees.
(3) The start of the training is deemed to be 0:00 hours on the day on which Wendel Security is obligated to provide the Master Class or the individual Master Class.
(4) If, following a withdrawal, the contractual partner is required to pay 50% or 100% of the Master Class price, the contractual partner is entitled to request from Wendel Security the complete materials for the Master Class they booked, insofar as such materials are included in the Master Class or otherwise exist.
2.4. Rebooking
For rebookings, the cancellation terms of Wendel Security apply, as described in section 2.3.
2.5. Cancellation or Rescheduling by Wendel Security
(1) Wendel Security reserves the right to withdraw from the contract for open Master Classes if the minimum number of 5 participants is not reached, up to five working days before the start of the training. If Wendel Security withdraws from the contract, it forfeits its claim to the agreed-upon remuneration.
(2) Withdrawal by the contractual partner in the event that Wendel Security reschedules the appointment.
Wendel Security reserves the right to reschedule the Master Class to a later date if the minimum number of 5 participants is not reached; such a decision will be communicated five working days prior to the scheduled start. In the event that the Master Class is rescheduled, the contracting party shall have a contractual right of withdrawal. Should the contracting party exercise this right of withdrawal, they shall be entitled to a refund of any payments made toward the price.
(3) In the event that Wendel Security cancels a training session due to force majeure or other unforeseeable circumstances (such as an accident or the illness of the instructor), Wendel Security’s liability toward Master Class participants who have already arrived is limited to the refund of the course fees. No liability is assumed for travel or hotel expenses.
2.6. Deviating Cancellation Policies for Individual Training Sessions
(1) Individual training sessions are those that meet at least one of the following criteria:
• The training content was tailored individually according to the contractual partner’s specifications.
• The training is conducted for a closed group of participants from the contracting party.
• The training takes place on the contracting party’s premises or as a private, individual training session held at the facilities of Wendel Security Remote.
(2) The cancellation fees specified under 2.4 do not apply to in-house seminars. For customized training sessions, cancellations free of charge are not possible once the order has been placed in writing.
(3) In the event of a cancellation, Wendel Security reserves the right to charge for all costs incurred as a result of the engagement. This includes any potential loss of earnings claimed by the instructor.
(4) In the event that training sessions are rescheduled and/or the training location is changed at the instigation of the contractual partner, Wendel Security reserves the right to charge for the additional effort incurred as a result.
2.7. Access to Contractual Partner Systems
If, as part of individual training sessions, Wendel Security performs activities on a client’s systems, Wendel Security may assume that these are test or training systems. Should the client expressly request that Wendel Security perform activities on the client’s production systems instead, the client must ensure—prior to the commencement of such activities—that these actions cannot have any negative impact on the availability, data security, consistency, proper functioning, or any other aspect of IT operations. In particular, the client must perform data backups to the necessary extent before the activities begin. Wendel Security assumes no liability for damages that may occur despite these measures.
2.8. Deviating terms for Master Classes offered via other training partners
For Master Classes provided by third-party vendors or partners of Wendel Security, the General Terms and Conditions of the respective partner company—as in effect at the time of booking—shall apply. This applies, in particular, to cancellation policies and the terms and conditions regarding guaranteed course dates.
2.9. Teilnahmezertifikat
Jeder Teilnehmer des Vertragspartners erhält ein auf ihn persönlich ausgestelltes Zertifikat (Hersteller oder Wendel Security) über die erfolgreiche Teilnahme an der gebuchten Master Class.
3.0. Copyrights
(1) We reserve all rights, including those of translation, reprinting, and reproduction of the training materials or any parts thereof. No part of the training materials may be reproduced in any form (photocopy, microfilm, or any other method)—including for the purpose of lesson planning—nor may it be processed, duplicated, distributed, or used for public presentation, particularly through the use of electronic systems, without our prior written consent.
(2) Recording or filming any content from a Master Class or individual training session conducted by Wendel Security is prohibited.
4.0. Quality Assurance
(1) Should a participant representing the contractual partner find that the quality of the Master Classes or the trainer does not meet their expectations, they may inform a member of the Wendel Security staff, providing details of the specific quality deficiencies to which they object. If the contractual partner chooses to leave the Master Class on the first day of training, we will refund the course fees paid by the contractual partner.
(2) In such cases, however, we reserve the right to charge for the costs of training materials used and lab environments provided. The amount charged will be based on the actual costs incurred. The remaining balance for the training will be made available to the contractual partner as a credit with Wendel Security, valid for one year.
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