General Terms and Conditions Training - Plan-Soft Furniture Planning GmbH

1. Subject Matter of the Contract, Conclusion of Contract

1.1 These General Terms and Conditions for Training Courses apply to the provision of all training courses by Plan-Soft Einrichtungsplanung GmbH (hereinafter referred to as Plan-Soft). In addition, the General Terms and Conditions of Plan-Soft shall apply, unless otherwise stipulated below.
1.2 The terms and conditions of the training participant (hereinafter referred to as the Participant) do not apply, even if Plan-Soft does not expressly object to them. The same applies if Plan-Soft performs the services owed with knowledge of the Participant's conflicting general terms and conditions.
1.3 Participation in a training session conducted by Plan-Soft requires the written confirmation of the training date by Plan-Soft. Prior registrations by the participant are non-binding until then. The type and scope of training services to be provided by Plan-Soft are set out in the offer for the training date. The contract for the provision of services is only concluded upon written confirmation of the training date by Plan-Soft.
1.4 The training contract is concluded in any case, regardless of any subsequent software or product acquisition by the participant, and continues with all rights and obligations arising from the training contract, even if a further business relationship with Plan-Soft does not come about.

2. Conducting the training sessions

2.1 Plan-Soft typically conducts the training itself or through third parties commissioned by Plan-Soft and is free to choose the respective trainers. Plan-Soft is entitled to transfer the execution of the contract to a third party and to change the content of the training, as long as the training objective is not impaired thereby. Plan-Soft is entitled to postpone appointments, training times, or relocate the training venue after timely prior notice.
2.2 Plan-Soft will provide the participant with all necessary knowledge during the training according to the respective training objective. For this purpose, Plan-Soft will make the necessary training materials available.
2.3 Plan-Soft will provide the training services in consultation with the participant, either on its own premises, on the participant's premises, or elsewhere. The training date and location are considered to be the details specified by Plan-Soft in the order confirmation.
2.4 To the extent that the training takes place on Plan-Soft's premises, Plan-Soft will provide each participant with a workstation including a computer. The participant is responsible for all incidental costs (travel and accommodation expenses, per diem allowances, etc.).
2.5 If training takes place on the participant's premises, the participant shall provide the necessary infrastructure, in particular workstations and computers, at their own expense and risk, and prepare any necessary online connections. In addition, Plan-Soft can provide these services and, in particular, make computers with pre-installed training software available on the customer's premises or at another agreed training location. This service must be agreed upon separately in the contract and will be compensated additionally by the participant. All incidental expenses of Plan-Soft (travel and accommodation costs) are to be reimbursed by the participant.
2.6 Upon completion of the training, each participant will receive a certificate of attendance and must acknowledge this to Plan-Soft according to a submitted protocol.

4. Cancellation by Plan-Soft

4.1 Plan-Soft is entitled to withdraw from the contract up to 2 weeks before the start of the training if a proper or economically feasible execution of the training is not guaranteed due to an excessive or insufficient number of registrations. Plan-Soft's indefinite right of withdrawal remains unaffected if the execution of the training
due to illness, technical reasons, or other reasons beyond Plan-Soft's control.
4.2 Before exercising this right of withdrawal, Plan-Soft will endeavor to reschedule the respective training course in agreement with the participant. In this case, the concluded contract remains in effect and will be amended by mutual agreement of the parties. If a mutual amendment of the contract fails, the concluded contract shall be rescinded, particularly with regard to any remuneration already paid by the customer. Further claims for damages cannot be asserted against Plan-Soft.

5. Withdrawal by the Customer

5.1 The participant has the right to nominate a substitute participant from their company before the training. This rebooking is free of charge for the participant.
5.2 Furthermore, the participant is entitled to cancel the training by written declaration. Cancellations more than 2 weeks before the start of the training are free of charge; thereafter, half of the training fee will be charged. If no cancellation has been received by 5 days before the start of the training at the latest, and the participant still does not attend the training, the full training fee will be charged.
5.3 If the participant merely wishes to reschedule a date agreed upon in the contract without simultaneously wishing to withdraw from the contract as a whole, Plan-Soft must receive the participant’s written notice to that effect no later than the 5th business day prior to the start of the agreed-upon training. In this case, the participant will incur no costs; the existing contract will be amended by mutual agreement. If Plan-Soft receives this notice later, the participant must pay 50% of the agreed-upon fee as a processing fee.
5.4 Further claims remain reserved by Plan-Soft. This particularly applies to cancellation costs for trips already booked for services that were to take place on the participant's premises or at another agreed-upon location.

6. Rights to training materials, software

6.1 All training materials are for the personal use of the participant only.
6.2 The participant acknowledges the copyrights of Plan-Soft and, consequently, the exclusive rights of use and exploitation to the training materials and training software.
6.3 Plan-Soft grants the participant the simple, non-transferable right to use the provided training materials and training software for the contractually agreed purpose. The right to use the training software is limited to the duration of the training measure and expires automatically after the end of the training without the need for a specific declaration from Plan-Soft. The participant may use the training software exclusively in the premises where the respective training is conducted. In particular, the participant is not permitted to reproduce, process using electronic systems, duplicate, edit, or otherwise modify the training software or training materials, or to make them accessible to third parties in any form.
6.4 To the extent that training is conducted on the participant's premises and the participant does not have its own license for the training software, Plan-Soft shall provide the software to be used and, if necessary, install it on the participant's system and remove it from the participant's system after completion of the training. The participant shall support Plan-Soft in such measures as far as possible. The participant shall ensure that the software installed in this manner is protected from access by unauthorized third parties and is not retained in any form.

8. Liability

8.1 Plan-Soft shall be liable to the participant, regardless of the legal basis, only for damages intentionally or grossly negligently caused by itself or its employees.
General Terms and Conditions of Plan-Soft Einrichtungsplanung GmbH for Training Sessions „AGB-Schulung“ (as of: June 28, 2016)
8.2 Liability for slight negligence exists only in cases of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of this contract and on which the user may regularly rely (so-called cardinal obligations). In this case, liability for untypical contractual damages and remote consequential damages is excluded. For a single claim, liability is limited to the amount for which Plan-Soft's liability insurance is valid.
8.3 Contractual claims for damages by the participant against Plan-Soft shall become time-barred within six months of their arising, notwithstanding any shorter statutory limitation periods.

9. Miscellaneous

9.1 The participant may only assign all rights arising from the contractual relationship with the prior written consent of Plan-Soft.
9.2 For all claims arising from the contract, the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
9.3 The place of jurisdiction for all disputes arising from the contract shall be Gera, provided that the order was placed by a fully qualified merchant in the course of their commercial business or by a legal entity under public law.
9.4 In addition to these General Terms and Conditions for Training Services, the „General Terms and Conditions“ of Plan-Soft Einrichtungsplanung GmbH shall apply supplementary, provided they do not contradict the foregoing.
9.5 We point out that, in accordance with Section 28 of the Federal Data Protection Act, data necessary for proper business processing will be stored.

As of: 04/01/2025

General Terms and Conditions for Training