General Terms and Conditions

General Terms and Conditions2018-11-13T13:51:17+00:00

General Terms and Conditions

The terms and conditions (“Terms”) specified herein constitute an agreement between AUTIN GmbH (the “Company”) and the User (“User”) of the Website (“Website”) and govern its useThese Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous communication between the Company and the User.

These Terms are to be read together with any terms, conditions or disclaimers provided on any of the individual pages of the Website, including Privacy Policy.  In the event of any conflict, the terms provided on the relevant page of the Website shall govern.

Each Users of the Website (www.autin.com) accepts and agrees to be bound by and comply with the Terms. Otherwise, use of this Website is prohibited.

1.

Definitions

1.1 “Company” is AUTIN GmbH (“AUTIN&Co”).
1.2 “User Site” is this website for the presentation of training courses and other events by AUTIN&Co and the enrollment in these training courses or the registration for events by Users.
1.3 “User” is any person who accesses the User Site.
1.4 “Enrollment” refers to either the enrollment in a course or registration for an event.
1.5 “Enrollee” is an individual who is enrolled to participate in a course or registered to attend an event.
1.6 “Proxy” is a User who enters an Enrollment on behalf of one or more Enrollees.
1.7 “Customer” is a User who enters an Enrollment either for himself/herself or as a Proxy on behalf of someone else, to whom the invoice for the Enrollment shall be addressed and to whom these General Terms and Condition apply.
1.8 “Terms” are these General Terms and Conditions.

2.

Contractual Scope

2.1 The following terms and conditions are valid for the services provided by AUTIN&Co to the Customer within the framework of this contract.
2.2 AUTIN&Co reserves the right to amend these Terms at any time without giving reasons.  Should the Terms be amended, AUTIN&Co shall publish due notice of any amendments.
2.3 If any provision of these Terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.  The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision.

3.

User Representations and Warranties upon Registration

3.1 The User warrants that all data provided for registration are accurate.
3.2 The User shall chose a password upon registration and keep this password secret.  AUTIN&Co shall not disclose the password to any third party.
3.3 Each User is entitled to register with AUTIN&Co only once and the User may not establish more than one user profile.

4.

Enrollments

4.1 All Enrollments are deemed to have been placed by a Customer.
4.2 Enrollees may be substituted.  There is no charge for a substitution unless the substitute Enrollee is ineligible for any discount given to the original Enrollee, in which case an invoice is issued to the Customer for the difference.
4.3 AUTIN&Co reserves the right to cancel a course or event at any time without liability.  In such cases, the Customer will be offered an alternative date or a refund for any amounts received by AUTIN&Co for any cancelled Enrollments of the Customer.

5.

Cancellations

5.1 For the cancellation of an Enrollment to be valid, it shall be submitted by the Customer by e-mail, post or in the enrollment system and acknowledged by AUTIN&Co by e-mail.
5.2 Cancellations by customers are subject to cancellation fees as follows:

  • 60 to 31 calendar days before the seminar start date, 10% of the course fee;
  • 30 to 15 calendar days before the seminar start date, 50% of the course fee; and
  • 14 calendar days before the seminar start date, 100% of the course fee.

Any hotel charges incurred due to cancellation by the customer shall be borne by the customer.

An enrollment substitution from the same organization may be nominated without penalty 60 hours before seminar start under the condition that the substitute meets the course prerequisites.

5.3 Group Bookings – Open Courses
Cancellations by customers are subject to cancellation fees as follows:

  • 90 to 46 calendar days before the seminar start date, 10% of the course fee;
  • 45 to 31 calendar days before the seminar start date, 25% of the course fee;
  • 30 to 15 calendar days before the seminar start date, 50% of the course fee; and
  • 14 calendar days before the seminar start date, 100% of the course fee.

Any hotel charges incurred due to cancellation by the customer shall be borne by the customer.

An enrollment substitution from the same organization may be nominated without penalty 60 hours before seminar start under the condition that the substitute meets the course prerequisites.

5.4 Group Bookings – In-House Courses
Cancellations by customers are subject to cancellation fees as follows:

  • 120 to 46 calendar days before the seminar start date, 10% of the course fee;
  • 45 to 31 calendar days before the seminar start date, 25% of the course fee;
  • 30 to 15 calendar days before the seminar start date, 50% of the course fee; and
  • 14 calendar days before the seminar start date, 100% of the course fee.

Any hotel charges incurred due to cancellation by the customer shall be borne by the customer.

6.

Program Details

6.1 AUTIN&Co reserves the right to make minor changes to any course or event description.
6.2 AUTIN&Co reserves the right to restrict the number of Enrollments in a particular course or event.
6.3 In the event a named trainer or speaker becomes unavailable for any reason, AUTIN&Co reserves the right to provide an appropriate substitute.
6.4 The course or event venue is as published.  AUTIN&Co reserves the right to change the venue and to provide an appropriate substitute.  In the case of a change to the course/event venue, the Customer and Enrollees shall be duly informed.

7.

In-House Courses/Events

7.1 AUTIN&Co and the Customer shall agree the number of Enrollments in a particular in-house course or event.  Should this agreed number be exceeded, AUTIN&Co reserves the right to invoice the Customer a pro rata fee for each Enrollee in excess of the agreed number.
7.2 In the event a named trainer or speaker is unavailable for any reason and that a substitute trainer is unacceptable to the Customer, the course shall be rescheduled subject to the availability of an acceptable trainer.
7.3 AUTIN&Co and the Customer shall agree the location of a course or event, subject to the Customer providing suitable premises, equipment and any other required facilities.
7.4 The cost of the training facilities and equipment, trainer accommodations, meals and beverage, trainer travel costs (flight, taxi and transfers) shall be borne by the Customer unless otherwise agreed.
7.5 Course/event fees will be invoiced 28 calendar days prior to the seminar start date.
7.6 All agreed reimbursable out-of-pocket expenses shall be promptly invoiced.
7.7 If an in-house course or event is cancelled or postponed at the Customer’s request, all agreed expenses already incurred by AUTIN&Co must be paid for in full.  Such expenses are not considered part of the course/event fee.
7.8 AUTIN&Co reserves the right to levy a per-hour charge per trainer/speaker for departure from the 1st District of Vienna to the training location prior to 18:00 CET on the day before the seminar and for returns to the 1st District of Vienna from the training location after 20:00 CET on the last day of the seminar unless otherwise agreed.
7.9 In the event the costs of trainer accommodations, meals and beverages are not paid directly by the Customer, a per diem expense allowance shall be levied from the date of the trainer’s departure from and the date of the trainer’s return to Vienna as agreed with the Customer.

8.

Charges

8.1 The current prices are valid only as currently displayed.
8.2 The Customer shall be promptly invoiced for all agreed reimbursable out-of-pocket expenses.
8.3 All prices are in euro (€) and do not include sales tax.  Any applicable sales tax shall be borne by the Customer.
8.4 Services provided in Austria are subject to 20% valued-added tax (VAT) and are quoted net of sales tax.  Services provided outside of Austria may be subject to local sales tax.
8.5 All fees and any applicable taxes are calculated in accordance with the laws in effect at the time.  In the event additional applicable taxes or levies are subsequently imposed, these shall be borne by the Customer.

9.

Terms of Payment

9.1 The invoices submitted to the Customer by AUTIN&Co are payable at the latest 14 days from the invoice date without any deductions and free of charges.  Payment shall be made via electronic wire transfer.
9.2 Non-compliance on the part of the Customer with the payment date gives AUTIN&Co the right to discontinue the provision of the agreed service and to withdraw from the contract.  All costs connected therewith as well as any loss of profit shall be borne by the Customer.  In case of delayed payment, interest on payment in arrears will be charged at customary bank rates.
9.3 The Customer is not entitled to withhold payment because of unsatisfactory delivery, warranty claims or complaints.

10.

Protection of the Intellectual Property of AUTIN&Co

10.1 No part of any materials provided to a Customer or Enrollee by AUTIN&Co may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of AUTIN&Co or the copyright owner.
10.2 The Customer or Enrollee shall not use these materials other than in connection with the training or event specified in this agreement except for personal use.
10.3 Any infringement of the copyrights of the copyright owner by the Customer or Enrollee will result in the right to claim damages, in which case the copyright owner is entitled to full satisfaction.

11.

Liability

11.1 AUTIN&Co is liable for damages insofar as intent or gross negligence can be proven within the framework of statutory regulations.  Liability is excluded in case of slight negligence.
11.2 Compensation for subsequent damages and financial loss, not realized savings, loss of interest and for damages arising from third-party claims against AUTIN&Co is in every case excluded to the extent legally permissible.
11.3 Errors are expected and excluded.

12.

Protection of Data Privacy, Nondisclosure

12.1 AUTIN&Co shall comply with all applicable legal provisions regarding data protection (European Data Protection Directives and any other applicable data protection legislation).  In particular, AUTIN&Co shall not provide or otherwise disclose any personal data of the Users to any third party without authorization.
12.2 AUTIN&Co advises its Customers that data provided to AUTIN&Co by the Users are stored and processed mechanically in machine-readable form for purposes arising from the contractual relationship.  Dissemination of data to third parties shall only occur within the scope of the purpose of the contract.
12.3 AUTIN&Co obligates his employees or any other party contracted by AUTIN&Co to observe the provisions of its Privacy Policy.

13.

Miscellaneous

13.1 Unless otherwise stated in these Terms, the Customer shall submit all notices to AUTIN&Co using the contact form provided on the User Site, by e-mail or by post.  AUTIN&Co shall send correspondence to the Customer by e-mail or post to the Customer’s address in the Customer’s user account.
13.2 The Customer’s Terms and Conditions of Purchase are invalid for the legal transaction which is the subject of this agreement as well as for the entirety of the business relationship between AUTIN&Co and the Customer.
13.3 The place of performance under these Terms shall be the registered office of AUTIN&Co.
13.4 Place of jurisdiction shall be the main place of business of AUTIN&Co.
13.5 These Terms and the contractual relationship shall be governed by Austria law.
13.6 The Customer acknowledges agreement with and acceptance of these Terms by checking the checkbox statement “I have read and accept the General Terms and Conditions.” and clicking the submit button.