TERMS AND CONDITIONS

DIGICON World Solutions S.R.L
Str. Johannes Honterus Nr.37 Ap.4
551019 Medias, Kreis SIBIU
Romania

Tax ID number: RO39588640
Commercial registration number: J32/967/2018

Version: September 27, 2019

 

§1 Scope of application

DIGICON World Solutions S.R.L. is engaged in the development of customer-specific applications and software, as well as in the continuing education of adults; in the area of adult education, it is particularly engaged in providing training, consulting services and symposia.  The following terms and conditions define the contractual relationship between parties participating in training, symposia, seminars, courses and conferences (hereafter referred to as “events”) and DIGICON World Solutions S.R.L (hereafter referred to as “digicon”). All proposals, contracts and services supplied by DIGICON are done so exclusively on the basis of these terms and conditions. Any changes or supplements that are agreed upon must be made in writing.

§2 Conclusion of contracts

(1) All quotes made by digicon are without non-binding, unless a period of time is expressly provided by digicon in writing. Should digicon provide a binding quote, the contract shall be in effect with acceptance of the quote by the participant by the date specified, or with written confirmation of registration by digicon. No claim for participation may be made.

(2) Registrations may be made using the Internet, by surface mail, fax, email or over the phone up to 4 weeks before the start of the event. Registration is binding for participants.

§3 Cancellations

(1) Cancellations can only be accepted if they are in writing.

(2) Cancellations may be made free of charge up to 14 calendar days before the start of the event or training or any other service, should no other contractual provisions stating otherwise be in effect. Should a cancellation be received by digicon at a later date, all fees and charges for participation remain due. All fees and charges for participation are also due should the participant fail to appear at the event and no cancellation was received within the stated period.

(3) Participants may name a substitute (replacement) participant at any time, free of charge.

§4 Cancellation of the contract by the user (withdrawal)

Participants whose registration cannot be attributed to either their commercial or independent (self-employed) professional activity retain the right to withdraw their registration within 14 days of receipt of confirmation of registration without stating a reason, should this withdrawal be submitted in writing. For observance of the deadline, submission of an informally-expressed cancellation (withdrawal) to the following email address suffices: training@digicon.cc. Cancellation is free of charge, and any fees or charges for registration that have already been paid shall be refunded in full. The right to cancel (withdraw) shall be void if the event took place within the 14-day period and the participant attended the event.

§5 Attendance fee and services provided

(1) The attendance fee listed in the quote or other digicon document in which digicon informs customers and clients of planned events shall apply. Attendance fees are per person (participant) and event date, and include all documents associated with the event. Additional services provided are defined in the relevant quote or relevant event information.

(2) Should it not be defined otherwise in a quote, all prices are net, excluding all legally-stipulated  sales taxes.

§6 Payment conditions

(1) Before the start of the event, the participation fee must be paid in full by bank transfer, free of deductions or charges.

(2) Should payment be delayed, interest on arrears shall be charged at a rate of 10 % p.a. The participant is obligated to reimburse digicon for all notice and collection fees and all other expenditures associated with prosecution resulting from the delayed payment. DIGICOM reserves the right to claim additional damages for delayed payments. DIGICOM reserves the right to exclude participants from events for which attendance fees and other charges have not been paid.

§7 Change or cancellation of an event by digicon

digicon reserves the right to alter the date, time or location of an event, alter the speakers/lecturers attending an event, or cancel an event in full. Participants will be informed of changes in a timely manner. Should an event be canceled in full, fees and charges for participation will be refunded. Participants are not entitled to demand that an event take place. digicon is not obligated to provide compensation for any expenses incurred, such as travel or hotel costs, and no claims for such may be made.

§8 Liability and claims for damages

(1) digicon assumes no liability for the completeness or correctness of event content, event documentation, or a presentation made during an event.

(2) digicon accepts liability for damages only in cases of gross negligence or where intent can be shown; liability for personal damages is not limited. The participant bears the burden of proof for demonstrating the existence of gross negligence.

(3) digicon assumes no liability for the personal property of the participants in an event.

(4) digicon shall in no case be liable for any
indirect or consequential damages or losses, financial losses, loss of profit, loss of production, loss of revenue, loss of business, loss of contracts, loss of interest or loss of data, howsoever arising under any title, legal or contractual basis or theory of law.

(5) The total liability of digicon for, or in connection with, the contract, should the participant be an entrepreneur, is limited to the sum of the participation fee. In cases of contracts with users, and generally in cases where personal damages are claimed,
the limitation on liability listed in § 8 (5) of these terms and conditions  does not apply.

§9 Copyright, confidentiality

(1) All documentation associated with or provided as part of an event is protected under copyright law. Regarding event documentation, both in whole and in part, participants and third parties are expressly prohibited from: altering or editing the content; making use of altered versions; duplicating or reproducing the documentation; allowing access to or providing the documentation to third parties; making the documentation available over the Internet or other network, whether for a fee or free of charge; copying or emulating the documentation; selling or making commercial use of the documentation. Any and all copyright notices, symbols and marks may not be removed.  Participants are granted a non-exclusive, non-transferable right to make personal use of the documentation; transfer of the documentation within the company employing the participant is permissible if not in an electronic form.

(2) It is not permitted to film, photograph or make audio recordings of events.

(3) Any documents, materials or information brought or introduced into events by customers or participants are not confidential.

§10 Permission to film and photograph, data protection

(1) digicon reserves the right to make films of and take photographs at events. All data will be treated in accordance with the European General Data Protection Regulation no. 679 of  2016, and shall be used for the legitimate business interests of digicon such as:

  • Public relations and depiction of activities carried out by digicon
  • digicon's own marketing purposes
  • Increasing recognition of the digicon brand

Permission to use data may be retracted. After permission is retracted, photos recording a participant will continue to appear in print media that was printed prior to retraction; these photos will not be altered and existing hard copies of the print media will not be destroyed. The deletion of images appearing on a web site or in other digital media will be carried out in within the scope of reasonable technical possibility.

  • Photos and film recordings will be stored for a period of 2 years.

(2) In accordance with the applicable regulations on data protection, participants have the right to information, correction, deletion, limitation, portability and objection regarding personal data associated with photographic and filmed recordings. Any inquiries related to this subject should be forwarded to the following email address: training@digicon.cc. Should a participant consider his or her right to data protection to have been infringed, they have the right to bring formal complaint before the relevant data protection authorities.

(3) A detailed description of digicon's data protection regulations can be found by clicking the following link or in the attachments: www.digicon.cc/terms-and-conditions

§11 Severability clause

If an individual provision of these terms and conditions is, or becomes, invalid, unenforceable, ineffective or null and void, it in no way affects the validity of the remaining provisions. In such a case the invalid, unenforceable, ineffective or null and void provision shall be replaced by one that legally most closely approximates its commercial purpose. The same applies to any loopholes in the contract.

§12 Applicable law, arbitration, place of jurisdiction

All disputes arising out of or in connection with the provisions of these terms and conditions are to be resolved amicably and in good faith. Before any legal proceedings take place, the parties shall seek to find an amicable solution to the dispute.

Should this not be possible, all disputes arising out of or in connection with the provisions of these terms and conditions shall be settled before the competent court in whose jurisdiction the headquarters of digicon are located.