General Terms and Conditions of inspire GmbH
These general terms and conditions of inspire GmbH (inspire) apply as the contractual component and the basis of the contract concluded between the customer and inspire GmbH (inspire). These terms and conditions are provided to the customer for viewing on the company website. Any ancillary agreements between the customer and inspire must be agreed to in writing. The Court of Jurisdiction is Salzburg, Austria.
2. Teaching and training conditions
A training session (UE) consists of 45 minutes. The customer agrees with the quality control of the trainers via a pedagogical consultant. These checks are designed to ensure quality assurance and to ensure compliance with the standards for inspire language, business and cultural training.
3. Service Provision
Training frequency and duration
The minimum frequency for language training is 1 x 3 UE, for individual and group training courses and for workshops one half day, and for business and cultural seminars one full day. Prior to the begin of the training session, the start date in the form of a calendar week, the frequency, the vacation times and the performance period of the training will be agreed to by the participants in the training course, possibly with a course instructor. These agreements are legally binding and are recorded in the course plan. The acceptance of the terms by inspire is made by the responsible account consultant.
For open group courses in the inspire Center (inspire open), the training dates defined by inspire shall apply. No scheduling changes or training pauses can be unilaterally made by the customer after the training course begins.
If participants of group trainings are unable to participate in the agreed or inspire-given training session (for example due to illness, leave, occupational prevention, etc.), the training will continue and will be billed.
4. Training Planning
Agreements and postponements differing from those described in § 3 are possible for individual, group training and coaching. There is no right to state a trainer preference in the event the dates of individual and group trainings are changed. All scheduling agreements may only be made with the inspire Center management. Any changes that are agreed to directly with the trainer, e.g. Cancellations must be communicated to Center Management, otherwise they will be billed. The participant of a single training must inform the inspire Center Management by phone or email no later than 2:00 pm on the day before the training session, to avoid being billed for the training. In case of a group training, the cancellation must also take place no later than 2:00 p.m. the day before the training session through the above mentioned channels. If the customer is not able to participate in the training on a Monday, he/she must notify Center Management by telephone or email no later than 2:00 pm on the previous Friday. If the training session is canceled after the expiration of the above-mentioned times, the training is calculated as a “late cancellation”.
Training sessions for whole-day individual and group intensive trainings (inspire intensive), workshops (inspire coaching), as well as for business and cultural training courses are organized as described in §3 as agreed.
In addition, the following cancellation regulations apply:
Cancellations 21 or more calendar days prior to start of training are free of charge. Cancellations between 21 and 14 calendar days prior to the start of training will be charged fifty percent (50%) of the seminar fees. Cancellations less than 14 calendar days prior to the start of the course will be charged full price.
Reduction and conversion:
Inspire is entitled to reduce the hourly volume of a group training in the inspire center (inspire open) with less than the contractually agreed minimum number of participants.
If the minimum number of participants is not met, the following reductions are applied (conversion rules):
With 3 or more participants there is no reduction of the hourly volume (e.g. 60 UE)
For 2 participants a reduction of 25% of the hourly volume (e.g. 46 UE)
For 1 participant (conversion from group to single training) a reduction of 75% of the hourly volume is possible (e.g. 24 UE).
5. Contract procedures & payment conditions
The order for the completion of a language business or cultural training is given by the customer by means of written confirmation (by email) and is, thus, binding. After successful registration (online or by e-mail) of the participant (s), by a person entitled to enroll, the order confirmation and the invoicing are immediately completed by inspire. The invoice amount is payable within 14 calendar days. In the case of non-payment within the stipulated period, inspire reserves the right, at all times, to interrupt the training until customer has met its payment obligation.
6. Term and Termination
The termination of an ongoing individual contract pursuant to § 5 is not possible. Unused and paid training hours can be transferred to another type of consulting, training or service after written communication and agreement with inspire. Training material, language travel as well as other externally purchased services are excluded.
If an individual contract pursuant to § 5 is inactive for more than 12 months, so that, despite intensive planning efforts on the part of the inspire Center Management, no training courses (original or transferred hours) are given, the claim for the contract hours lapse. If the participant continues to participate in the training after expiration of the agreed training units, these training units will be invoiced separately.
7. Limitation of Liability
Training sessions by inspire are subject to the availability of the respective trainer. Inspire expressly reserves the right to use a substitute trainer, if necessary. If this is not possible on the planned date, inspire will provide substitute hours for an appointment agreed to with the substitute trainer.
A substitution of the trainer can be an integral part of the methodology and the respective program and does not entitle the customer to cancel or postpone appointments or to terminate or withdraw from the contract. The information provided by inspire regarding the training hours required to achieve a training goal is based on past experience and may differ in individual cases. The success of the training is decisively dependent on the participation of the participant. Inspire is not liable for the non-achievement of a certain learning or training success.
8. Prohibition of anti-competitive behaviour
The instructors used by inspire are contractually bound to inspire GmbH. It is prohibited to solicit inspire trainers directly or to obtain additional services from them during the term of the agreement. After the expiration of a contract, a waiting period of 12 months applies, in which it is forbidden to commission the inspire trainer with services in the area of language, business and cultural training.
9. Repayment claims
Paid and not used training sessions expire 12 months after the last training session which took place.
10. Severability clause
If a provision of this agreement is invalid, inspire shall be entitled to replace it with an effective provision with the same purpose. The customer is obligated to agree to this provision – also upon request – expressly and in writing. The customer may refuse to consent if the new provision is disadvantageous to him.