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The services of HP Education shall be rendered within the framework of standardized seminars at training centers (open seminars) or as customer-specific seminars (project training courses) at training centers or the offices of the customer. The services shall be carried out exclusively on the basis of the following General Terms and Conditions for HP Education seminars. The Terms and Conditions shall be deemed to have been recognized upon registration for a seminar. Beyond this HP Education offers online seminars within the framework of the Internet-based conveyance of knowledge and know-how. Exclusively the following Terms and Conditions for online seminars, which can be read in the Internet, apply to these services. | | |
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Registrations for seminars shall be sent in writing (letter, fax, e-mail) to the respective address of the HP Education organization in the EEM. Reservations can be made by telephone, but shall only be taken into account if a written registration is received by HP Education within seven calendar days. The registrations shall be considered in the order they are received. If seminars are already completely reserved, the registering party shall be informed and provided the next free dates. The registration shall not become binding for HP until a written confirmation of registration is issued. | | |
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An individual agreement for project training which is generally subject to the stipulations of these General Terms and Conditions if there are no stipulations to the contrary in the individual agreement shall be made for project training on the basis of an individual offer which is made with the Customer. The offer shall in particular contain the individual elements of the service and the modalities affecting implementation of the project training (training centers, offices of the Customer, etc.) and shall take effect for both Parties with unlimited written signature of the Customer within the binding period of the offer. | | |
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Data which is related to the seminar agreement shall be stored for internal purposes in conformity with data-protection regulations and requirements. | | |
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The seminar prices in the respectively valid price list shall apply. Seminar prices shall be deemed to be net prices per participant (if nothing is stipulated otherwise) plus value-added tax which is respectively valid when the service is rendered. The stated seminar prices shall include the following services. Execution of the seminar, seminar documents and the usage of technical facilities for instruction purposes. Failure to attend seminars all of the time shall not entitle the customer to reduce the seminar price. HP retains the right to change the content of seminars, seminar documents, the term of seminars, the location of the seminar and prices. | | |
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Project training shall be agreed upon with the customer in individual contracts. Statutory value-added tax, travel times, and the travel and hotel expenses of the teachers shall be added to the prices respectively agreed upon in the individual contract. Failure to attend seminars all of the time or failure to completely fill part of a seminar with participants shall not allow the Customer to reduce the agreed-upon price. | | |
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Cancellation by customers with respect to open seminars and project training shall not be subject to charge if notice is received in writing by HP Education 10 working days (not including Saturdays) prior to the commencement of the seminar. In the event of cancellations by customers which are received less than 10 working days prior to the commencement of the seminar (not including Saturdays) or if the Customer does not attend, the Customer shall pay the full price. In such event, instead of cancellation the Customer shall be entitled to send a replacement to attend the seminar reserved by the Customer without any additional charge. This shall not affect the obligations of the Customer. | | |
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If a new reservation is made immediately for the same seminar for a date within the following 3 months, 50% of the seminar price which has already been paid for non-attendance shall be credited to the new seminar price. It shall only be possible to make a new reservation and be credited for the seminar price which has already been invoiced once. If cancellation occurs again, it shall no longer be possible to credit the price to be paid. | | |
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HP retains the right to cancel or postpone the respective seminar up to 10 calendar days prior to the beginning of the seminar, in particular if events occur which make it technically or economically unreasonable to expect HP to render such service. The participants involved shall be informed hereof immediately. All additional claims are excluded. | | |
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Discounts for reserving minimum training volumes or for HP Training Pack (advance payment) shall only be granted by HP Education if this is agreed upon in the individual contract. | | |
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The seminar fees and the additional value added tax (amount according to the country law where the service will be delivered) for open seminars shall be invoiced and must be paid prior to the commencement of the seminar. In the case of project training the invoicing shall take place after the training has been carried out. If the project service lasts longer than a period of one month, the invoice shall be made out each calendar month for the services rendered in a calendar month. In the event of delay in payment an amount of 3% greater than the respectively valid discount rate of the European Central Bank shall be charged. The Customer may only set off claims on the part of HP against counter-claims of the Customer if such counter-claims are not subject to dispute or have been recognized by a court of law. | | |
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Seminars shall generally take place during the time 9.00 a.m. – 5.00 p.m. (commencement at 9.30 a.m. on the first day of the seminar). Notifications of any changes shall be provided in good time. | | |
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All seminar documents contain information which is protected by copyright. HP shall retain all rights including to the reproduction of seminar documents or parts thereof. No part of the seminar documents may be reproduced in any form whatsoever or in particular processed, copied, disseminated or used for public presentation using electronic systems without the prior written consent of HP. Software which is provided during the execution of the seminar may not be removed or copied either in whole or in part. | | |
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HP shall not be liable for products, processes and other names mentioned in the seminar program being free from rights of third parties. | | |
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In the event of a (re-)export of services rendered by HP Education and if applicable products of HP Education, applicable regulations, in particular U.S. (re-)export regulations, shall be adhered to by the Customer. The Customer shall inform its customers as to the validity of these (re-)export regulations. | | |
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HP shall bear unlimited liability for damage due to willful or gross negligence. The following shall apply to damage which HP causes through ordinary negligence:
In the event of violation of an important contractual obligation which jeopardizes the purpose of the Agreement, the liability of HP shall be limited to damage which HP could reasonably have been expected to foresee upon the conclusion of the agreement.
Liability for material damage, e.g. loss of production and foregone profit, shall be limited by the general principles of good faith, for instance in the case of an unwarranted amount of damage claimed given the amount of remuneration.
HP shall not assume any liability beyond this. Software and files which the participants bring to the training courses themselves may only be used in consultation with the teachers. HP reserves the right to claim for damages in the event of violation of this stipulation.
This shall not affect liability on the part of HP for lack of pledged features or as a result of the Product Liability Act.
With regard to training in rooms and on the property of third parties, HP shall not be liable for accidents of participants or loss or damage of their property. The same shall apply to the execution of training courses in the offices of HP unless damage has resulted from the willful action or gross negligence of HP or its staff. | | |
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Subsidiary agreements shall be required to be in writing. The place of performance shall be the respective training site. These General Terms and Conditions for HP Seminars replace all prior terms and conditions. If individual stipulations in these Terms and Conditions are or become invalid, this shall not affect the remaining Terms and Conditions. | | |
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If the customer of HP Education is a business person, a legal entity under public law or a special asset subject to public law, the following arrangement shall apply to all disputes emanating from the respective seminar agreement:
The legal venue shall be the court having jurisdiction over the headquarters of Hewlett-Packard GmbH in Slovenia. The law of the country in which the HP Education organization, which has concluded the agreement, is headquartered shall apply. | | |
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