General Terms and Conditions for Training Services
1. Subject matter, conclusion of the contract
1.1 These general terms and conditions of business apply for
all training and certification programs delivered by ICE TRAINING SOLUTIONS
(subsequently referred to as ICE TRAINING SOLUTIONS).
1.2 Only these general terms and conditions of business apply.
Terms and conditions of business of those receiving training or
taking a certification examination (subsequently referred to as
participant) do not apply, even if not explicitly stated by
ICE TRAINING SOLUTIONS. The terms and conditions presented in this
document also apply if ICE TRAINING SOLUTIONS knowingly renders services
due that are in conflict with the participanta��s terms and
conditions of business.
1.3 Participants must register in advance to take part in
ICE TRAINING SOLUTIONS trainings or certification exams. Registration consists
of filling out a form, either by hand or online, that is provided by
ICE TRAINING SOLUTIONS. Registration also includes selecting the training
session the participant intends to attend or the respective
certification exam. The current ICE TRAINING SOLUTIONSA� Training
Course Catalogue provides a list of training services and
certification examinations offered by ICE TRAINING SOLUTIONS.
1.4 ICE TRAINING SOLUTIONS will then submit a written quote of the selected
services to the participant. The contract only takes effect once
the participant has confirmed the quote in writing.
2. Conducting training
2.1 ICE TRAINING SOLUTIONS is responsible for conducting training or for contracting
a third party to conduct training and is free to choose
any consultant for such purposes. ICE TRAINING SOLUTIONS is entitled to transfer
the duties of the contract to a third party to perform and to
change the contents of training sessions as long as the objective
of the training is not compromised. ICE TRAINING SOLUTIONS may cancel
training, change the date or time of training or designate the
training location with advance notice.
2.2 ICE TRAINING SOLUTIONS will make every effort to provide the participant
with all important knowledge during training sessions, as per
the training plan and the current training documents.
2.3 ICE TRAINING SOLUTIONS will conduct training on its own premises, on the
participants premises, or at another mutually agreed upon
location. Training is to be conducted during the dates specified
by ICE TRAINING SOLUTIONS in the quote and confirmed by the participant.
2.4 If training takes place on ICE TRAINING SOLUTIONS premises, ICE TRAINING SOLUTIONS will provide each participant with a desk and the necessary documents. Participants are responsible for incidental expenses (travel, accommodation, additional meals, etc.).
2.5 If training takes place on the participants premises, the
participant will provide the infrastructure necessary for training
especially desks, and is responsible for obtaining
Internet connections if required..
2.6 Participants will receive a certificate confirming participation
upon completion of training.
3.1. The price of one certification examination entitles one
participant to take one certification exam, independent from
the result of the respective test.
3.2. Before the examination, the participant must identify himself
or herself by showing a valid passport.
3.3. The use of any aids besides the certification is
forbidden during the certification examination. If the participant
uses any other software, data, documents or persons, the
examination will be stopped and the results of the examination
will be not passed. The participant must pay the full certification
fee, no refund.
3.4. Within 24 hours after the end of the examination, ICE TRAINING SOLUTIONS
will inform the participant of the examination results.
3.5. After passing the examination, the participant will receive
the ICE TRAINING SOLUTIONS CertificationA� by Email
within three weeks.
3.6. After a successful certification exam, the participant has
the right to use the ICE TRAINING SOLUTIONS Certified title and logos for a
period of two years. This time can be prolonged only by successfully
passing another certification examination.
4. Compensation and terms of payment
4.1 Costs covered by the participant will be specified in writing
in the contract and will include additional tax as required
by law. If the parties do not specify the amount of compensation,
the ICE TRAINING SOLUTIONS price list in effect at the time of conclusion
of the contract will apply.
4.2 All fees are due upon receipt of an invoice and must be
paid in full within 10 days.
4.3 If payment is not made on time, ICE TRAINING SOLUTIONS may charge a
late fee of up to 9% but at least 5% over the European Central
Bank (ECB) base interest rate.
4.4 The participant is in default if he/she does not pay following
receipt of a reminder sent by ICE TRAINING SOLUTIONS once the due date has
been reached. The legal regulation, which automatically takes
effect 30 days after default on an invoice, remains valid.
5. Termination by ICE TRAINING SOLUTIONS
5.1 ICE TRAINING SOLUTIONS is entitled to terminate this contract if excess or
insufficient registration cannot guarantee proper or economically
feasible training or certification. ICE TRAINING SOLUTIONS is also entitled
to terminate the contract due to instructor illness, technical
reasons, or other reasons beyond ICE TRAINING SOLUTIONS’s control.
5.2 Before exercising this right to termination, ICE TRAINING SOLUTIONS will
make every effort to reschedule training or certification examination,
with the participant’s consent. In case of rescheduling,
the contract will remain in effect and will be amended with the
consent of both parties. If the parties cannot agree on the
amendment to the contract, the contract will be terminated,
and any fees paid by the customer will be reimbursed.
6. Termination by the customer
6.1 If the participant is unable to attend, the customer is entitled
to designate another representative from his/her company
to participate in the training or certification before the training
begins. The client will incur no additional costs.
6.2 The participant is entitled to terminate the contract via
written notice at any time.
6.3 The participant must not pay any fees if ICE TRAINING SOLUTIONS receives
notice of termination on or before the 10th business day before
the first day of training or certification date. The participant
must pay 50% of the agreed costs if he/she terminates the
contract between 10 and 5 business days before the first day
of training or certification. The participant must pay 100% of
the costs if he/she terminates the contract within 5 business
days of the first day of training or before the certification examination.
6.4 If the participant wishes to change the training date set in
the contract without canceling the entire contract, ICE TRAINING SOLUTIONS
must receive written notice at least 5 business days before the
first day of training. The participant will incur no additional
costs, and the contract will be amended with consent of both
parties. If ICE TRAINING SOLUTIONS receives such notice within 5 business
days of the first day of training or the certification exam, the
participant must pay ICE TRAINING SOLUTIONS 50% of the agreed upon costs
as a processing fee.
6.5 Rights to further claims are reserved by ICE TRAINING SOLUTIONS. This
especially concerns cancellation costs for travel already
booked to the customer’s premises or to any other agreed upon
7. Right to training documents, software
7.1 All training documents are intended for the exclusive personal
use of the participant.
7.2 The participant recognizes ICE TRAINING SOLUTIONS copyright and therefore
the exclusive distribution rights and right of use of training
documents and software.
7.3 ICE TRAINING SOLUTIONS gives the participant the single and nontransferable
right to use training documents and software for
purposes stipulated in the contract. The right to use training
software is limited to the length of the training session and is
automatically rescinded following completion of training. ICE TRAINING SOLUTIONS
is not required to provide notice of this rescission. The
participant may only use training software on the training
premises. The participant is not allowed to reproduce the training
software and documents, in particular to process them in
electronic systems, duplicate, or modify them in any way, or
distribute them in any form to third parties. All embedded
knowledge and teaching systems provided by ICE TRAINING SOLUTIONS to the
participant on data storage media or made available on electronic
networks are considered training documents.
7.4 ICE TRAINING SOLUTIONS will prepare and when necessary install training
and certification software before training sessions and uninstall
the software following completion of training, if training
takes place on the participant premises and the participant
does not have his/her own license for the training software.
The participant must support ICE TRAINING SOLUTIONS as much as possible
during such measures. The participant must ensure that no
third party has access to the installed software and that the
software is not retained in any form.
7.5 In addition, the participant recognizes all of ICE TRAINING SOLUTIONS
brand, trademark, name, and patent rights to the software and
related documents. The participant may not remove, modify, or
render unrecognizable copyright indications or indications of
8.1. The participant is obligated to keep confidential all business
and company secrets made known to him/her during
training. This obligation is not limited to the training period. The
participant may not share these with a third party or use them
for his/her own purposes without written permission from ICE TRAINING SOLUTIONS.
8.2 The participant may not conduct any internal or external
training or certification exams on ICE TRAINING SOLUTIONS products.
9.1 ICE TRAINING SOLUTIONS is only liable to the participant, regardless of
legal grounds, for willful misconduct or gross negligence on the
part of ICE TRAINING SOLUTIONS itself or its employees.
9.2 ICE TRAINING SOLUTIONS is only liable for slight negligence if provisions of
the contract, which have a particular importance for achieving
the purpose of the contract and can therefore be considered to
be fulfilled, are violated. In this case, liability for damages,
consequential harm caused by a defect, not specified in the
contract is excluded. Liability is limited to the amount specified
in ICE TRAINING SOLUTIONS liability insurance for one single case of damage.
9.3 Contractual claims for damages by the participant against
ICE TRAINING SOLUTIONS are subject to a limitation period of six months from
the date on which the right arose, notwithstanding shorter legal
9.4 Due to the current technology, access to the server with
teaching materials cannot be guaranteed at all times. ICE TRAINING SOLUTIONS
is not liable if access is not available for short periods of
9.5 In the case data loss, ICE TRAINING SOLUTIONS is only liable for the costs
of necessary reconstruction from back-up copies.