Develop Group Brand

Terms and conditions of Basys Gesellschaft für Anwender- und Systemsoftware mbH for training

1. Scope

1.1. The business relationship between Basys Gesellschaft für Anwender- und Systemsoftware mbH (Basys) and the participants or customers—both also referred to as “contracting parties” or “parties”—is governed by the following General Terms and Conditions (GTC) in the version valid at the time of booking.

1.2. Basys shall only recognize terms and conditions of the other party that conflict with or deviate from our GTC if Basys has expressly agreed to their validity in writing in advance.

1.3. These GTC shall always apply in their current version, including for all future business relationships involving legal transactions of a similar nature, unless the parties agree otherwise. Amendments or additions to these GTC are only effective if agreed upon in writing. This also applies to any amendment to this written form clause. Individual agreements made on a case-by-case basis shall accordingly take precedence only if and to the extent that there is a written agreement between both parties or at least a written confirmation from Basys.

1.4. For the purposes of complying with the written form requirement in other respects, transmission in text form—for example, by fax or email—is also sufficient.

2. General provisions

2.1. (Training) offerings may be provided as in-person or online events and may be designated as seminars, workshops, training sessions, exam dates, or similar. They are non-binding; current adjustments and changes to content and scope are possible at any time, unless they are confirmed in writing by Basys as binding. This may also include changes to content, dates, and organization up until shortly before or even during an event, provided that participants are not significantly inconvenienced by such changes.

2.2. Basys reserves the right, for good cause (such as illness), to assign a different, equally qualified speaker on the event date at any time, notwithstanding the original announcement.

2.3. All training programs are prepared, conducted, or distributed with care and in accordance with the current state of knowledge and the current guidelines of intacs®. Basys assumes no warranty or liability for the timeliness, completeness, or accuracy of all documents and content made available during an event. Basys assumes no liability for the application of the knowledge acquired through the training programs offered by Basys.

2.4. Basys reserves the right to exclude participants who disrupt the course of an event at any time.

2.5. Digital resources or exam materials are available to participants shortly before and for a maximum of 3 (three) months from the date of the event.

2.6. Individual certification of each participant’s performance may be part of a (training) program. In such cases, certification services are not provided by Basys itself, but by a third-party provider. Unless otherwise specified, the third-party provider is compensated through payment for the Basys program package. By registering for such a package, participants agree in advance to the disclosure of their email address to the third-party provider for the purpose of pre-registration for certification.

3. Prices, terms of payment

3.1. The prices quoted at the time of booking are binding for payment purposes. These are net prices in euros (EUR). In addition to the net prices, the applicable statutory value-added tax (VAT) will be charged at the current rate.

3.2. Unless otherwise stated or agreed, the price includes participation in the event as well as training materials.

3.3. Prices and registration are per person.

3.4. For in-person events, the price also includes selected beverages and meals.

3.5. Basys offers the following discount:

3.5.1. A 10 % discount starting with the second registration when a customer registers 2 (two) or more participants for the same date of a training course.

3.5.2. Discounts cannot be combined.

3.6. Travel and lodging are not included in the price. Participants/customers are responsible for booking and canceling their own travel and lodging arrangements.

3.7. Payment is due upon receipt of the invoice by the customer.

3.8. All invoices must be paid without deduction within 14 (fourteen) days of the invoice date to one of the accounts specified on our invoice.

3.9. If the specified payment deadlines are not met, the customer shall be in default without a reminder. In the event of late payment, we are entitled to charge interest at a rate of 9% (nine percent) above the applicable base rate per annum and a flat-rate fee of EUR 40.00 (forty euros) from the date of default. We reserve the right to claim higher damages resulting from the delay.

3.10. The customer may not set off its own claims against our claims unless such claims are undisputed or have been established by a final and binding judgment. The customer may not exercise rights of set-off, refusal to perform, or retention with respect to our payment claims unless the counterclaims are undisputed or have been established by a final and binding judgment. The customer is authorized to exercise a right of retention or to raise the defense of non-performance of the contract only to the extent that the customer’s counterclaim is based on the same contractual relationship. To the extent that rights to refuse performance or to withhold payment are asserted due to defective performance on our part, they may only be exercised if the customer has already paid the portion of the consideration corresponding to the value of our performance.

 

4. Special notes for online events

4.1. At least 2 (two) days before the date of an online event, all participants will receive the necessary instructions, technical requirements, links, and/or login credentials. If participants encounter any problems or do not receive a notification from Basys, they should contact Basys immediately via engineering-academy@develop-group.de.

4.2. Participants are responsible for meeting the technical requirements (internet access, hardware, software) and ensuring uninterrupted reception.

4.3. During online events, all participants will be asked at least once at a random time to sign in on a digital attendance list. Through this (or a comparable method), Basys ensures proof of participation. Consequently, a certificate of continuing education can only be issued by Basys if proof of participation could be verified with the participants’ assistance.

5. Registration, booking

5.1. Registrations are binding.

5.2. Registration alone does not create a legal right to the holding of an event. The contract for participation in an event offered by Basys is not concluded until the participant receives the registration confirmation sent by Basys. If the participant does not receive the registration confirmation or receives it late, the contract is deemed concluded if Basys does not declare the rejection of the registration within a period of 14 (fourteen) days; otherwise, the contract is deemed concluded upon the actual holding of the event.

5.3. In the event of overbooking, no contract is formed; Basys will immediately notify the affected participants of this fact.

5.4. Participation rights may be transferred to substitute participants at any time. This does not result in additional costs for either the outgoing or the incoming participant. The transfer must be made in writing at a minimum, stating the details of the substitute participant.

5.5. Rescheduling to a different event date or to another Basys event is possible at any time, but not always free of charge. Rescheduling must be made in writing at a minimum. A rescheduling is possible up to a maximum of 3 times (three times).

5.5.1. Fees for rescheduling in-person events upon receipt of the rescheduling request
• up to 15 (fifteen) days before the event date: None.
• between 14 (fourteen) and 5 (five) days before the event date: 50% (fifty percent) of the price of the rebooked services.
• Less than 5 (five) days: 100% (one hundred percent) of the price of the rebooked services.

5.5.2. Costs of rebooking for online events upon receipt of the rebooking request
• up to 5 (five) days before the event date: None.
• less than 5 (five) days: 100% (one hundred percent) of the price of the rebooked services.

5.6. For clarification: The rebooking fees specified in sections 5.5.1 and 5.5.2 are in addition to the costs for the newly booked services.

5.7. For events lasting several days, the first day of the event is decisive for the deadline.

6. Withdrawal

6.1. Withdrawal from the contract is possible at any time in writing. To meet the deadline, the notice of withdrawal must be received by Basys no later than 5 (five) days before the event.

6.2. Withdrawals and cancellations regarding digital learning materials or exam documents are not permitted.

6.3. Withdrawal is possible at any time, but is not always free of charge.

6.3.1. Costs of withdrawal regarding in-person events upon receipt of the notice of withdrawal
• up to 15 (fifteen) days before the event: None
• between 14 (fourteen) and 5 (five) days before the event: 50% (fifty percent) of the price of the originally booked services.
• less than 5 (five) days: 100% (one hundred percent) of the price of the originally booked services.

6.3.2. Costs of rebookings regarding online events upon receipt of the rebooking notice
• up to 15 (fifteen) days before the event: None
• less than 5 (five) days: 100% (one hundred percent) of the price of the originally booked services.

6.4. For events lasting several days, the first day of the event is decisive for the deadline.

7. Cancellation

7.1. Basys reserves the right to cancel events for the following reasons:

7.1.1. Up to 5 (five) days before the event date: For organizational reasons (in particular, if the minimum number of participants is not met).
7.1.2. At any time, including and especially on the day of the event: 
• For important reasons for which Basys is not responsible (in particular illness, accident, death of the speaker, unavailability of the venue, pandemics).
• Due to force majeure.
• In the event of legal restrictions that prevent Basys from holding an event.

7.2. If Basys cancels an event date, rebooking to another date or another offering is free of charge.

7.3. In the event of cancellation by Basys, the full price plus VAT will be refunded if payment has already been received. Any further claims for liability or damages that do not concern injury to life, limb, or health are excluded, unless there is intent or gross negligence on the part of Basys. This also applies to wasted expenses (in particular for booked hotel rooms, train tickets, and the like). Further information on liability can be found in Section 9.

8. Copyright, confidentiality, and data protection

8.1. All documents (training materials, exam materials, other accompanying materials, in both physical and digital form) provided to a participant in connection with Basys’ training program are protected by copyright and are provided for personal use only. They may not be reproduced or distributed, even in part, without the prior written consent of Basys.

8.2. Should trade or business secrets be discussed during a training session, or should statements or parts thereof be deemed confidential during training sessions, the parties shall maintain confidentiality and secrecy even after the termination of the contract, unless such information is already publicly known without a breach of these obligations.

8.3. Videos, images, and audio recordings are generally prohibited and permitted only in exceptional cases with the consent of Basys and all affected participants. Basys must provide prior written consent for this.

8.4. Basys processes the data of contractual partners required for business transactions in compliance with data protection regulations. By booking, customers grant permission for their company to be included by Basys in reference lists and similar materials, and for such information to be used for promotional purposes. This consent may be revoked at any time.

8.5. All contracting parties authorize Basys to inform them about future offers and events. The necessary data will be stored for this purpose. When processing personal data, the current provisions of the GDPR, the BDSG, and other relevant legal regulations are always complied with. This consent may be revoked at any time. Our privacy policy is here available > privacy policy

9. Liability

9.1. Basys shall be liable for damages on behalf of itself and its legal representatives or vicarious agents within the scope of statutory provisions only in accordance with the following provisions:

9.2. In cases of injury to life, limb, or health; in cases of intent; due to fraudulently concealed defects; as well as in claims relating to warranties or claims under the Product Liability Act, the statutory provisions apply without limitation.

9.3. Liability for gross negligence is limited to typical damages foreseeable at the time the contract was concluded.

9.4. Liability for (simple) negligent breaches of duty is
• excluded, provided these do not constitute cardinal obligations—that is, obligations essential to the contract, the fulfillment of which is a prerequisite for the proper execution of the contract, on the observance of which the contracting party regularly relies and is entitled to rely, and the breach of which jeopardizes the achievement of the purpose of the contract. The same applies to breaches of duty by the licensor’s vicarious agents or legal representatives.
• otherwise limited in amount to typical damages foreseeable at the time of contract conclusion, but not exceeding EUR 5,000.00 (five thousand euros) per claim.

9.5. Basys reserves the right to raise the defense of contributory negligence. The contracting party is specifically responsible for data backup and for defending against malware in accordance with the current state of the art.

9.6. Any other claims for damages by the contracting party are excluded.

9.7. The limitations of the foregoing provisions also apply in favor of the legal representatives and vicarious agents of Basys if claims are asserted directly against them.

10. No consumers as customers

10.1. The training offerings from Basys are intended exclusively for business customers (B2B). Business customer status is a prerequisite for the conclusion of a contract. To this end, the contracting parties of Basys confirm upon registration, sign-in, and whenever they otherwise use our services that such use is exclusively for business, commercial, or professional purposes and that they are not consumers.

10.2. Basys may require each contracting party to provide appropriate proof of their status as an entrepreneur, business, or other commercial user, such as by submitting a VAT ID number or similar documentation. The contracting party must provide the data required to verify their status as a business customer promptly, completely, and truthfully.

11. Governing law, jurisdiction, final provisions

11.1. The incorporation and interpretation of these General Terms and Conditions, as well as the conclusion and interpretation of legal transactions between the contracting parties, are governed exclusively by the laws of the Federal Republic of Germany. The application of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods, is excluded.

11.2. References to the applicability of statutory provisions are for clarification purposes only. They apply even without such clarification, unless they are effectively amended or expressly excluded in these terms and conditions.

11.3. The place of jurisdiction for all disputes arising from this contractual relationship is the registered office of Basys, unless another place of jurisdiction is expressly prescribed by law. However, we are free to choose another permissible general or special place of jurisdiction. For all legal disputes arising from and in connection with this contract in transactions with merchants, the place of jurisdiction shall be the registered office of Basys, unless otherwise required by law.

11.4. Unless expressly stated otherwise by Basys, the place of performance for all obligations (including payment obligations) is the registered office of Basys.

11.5. Should individual provisions prove to be wholly or partially invalid or unenforceable, or become invalid or unenforceable as a result of changes in legislation after the conclusion of the contract, the remaining provisions and the validity of our general terms and conditions and any joint agreement shall remain unaffected in their entirety. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the meaning and purpose of the invalid provision. Should these provisions or the agreements underlying them prove to be incomplete, those provisions shall be deemed agreed upon that correspond to the meaning and purpose of the contract and would otherwise have been agreed upon. Both parties are obligated, within the bounds of reasonableness and in good faith, to replace an invalid provision with a valid provision that achieves the same economic result, provided that this does not result in a material change to the content of the contract; the same applies if a matter requiring regulation is not expressly regulated.

11.6. The german version shall be solely authoritative for the legal effects between the parties.

GTC Basys for trainings V1.1.1_20260908

We value your privacy

This website uses third-party website tracking technologies to provide its services, to continuously improve them and to display advertising according to users' interests. I agree to this and can revoke or change my consent at any time with effect for the future. We also use these technologies to measure results or to better tailor our website content. Because we value your privacy, we hereby ask for your consent to use the following technologies. You can change or revoke your consent at any time later by clicking the Settings button at the very bottom of the page.