Thanks for using our products and services (“Services”).
paba IT Consulting & Training e.U., is a provider of business analysis training and consulting services and is operating under the laws of Austria.
Terms of use
By accessing or using the Services, you agree to be bound by this Terms of Use and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Services (“Users”). Please read them carefully.
1. Disclaimer – exclusion of liability
The content provided here is for general information purposes. We assume no warranty/liability for the accuracy, currency, completeness and availability of the information/services offered. In particular, no legal claims arising from the use of the information and services accessed may be established. If you require particular advice, please contact an expert directly.
References and links to other Internet sites have been carefully selected. However, their content, accuracy, currency, completeness and availability are beyond our control and we assume no warranty/liability therefor.
Furthermore, we assume no warranty/liability for forms, in particular not for their currency, suitability for a specific purpose and freedom from viruses.
We reserve the right to amend, add to or delete information/services provided here or to suspend the website, completely or temporarily, at any time and without prior notice.
We make every effort to minimize any problems that may occur due to disruptions or incompatibilities when the information/services are accessed. However, the possibility cannot be ruled out that data and information on our website are not displayed or are displayed incorrectly. We assume no liability for our service being interrupted or impaired in any other way by disruptions.
2. Intellectual property
All content, the design/layout, and any sound and video sequences are protected by copyright. All rights therein are reserved by the copyright holder. No changes may be made.
Public use of the information/services may only be made with our consent and provided the source is named and made visible. Anyone is free to simply link to our content while at the same time indicating the source and no special permission is required to do so.
3. Final provisions
Use of the information/services is governed exclusively by Austrian law.
If parts or individual formulations of this text do not, no longer or do not fully comply with the current legal situation, the content and validity of the remaining parts shall remain unaffected.
Instead of an ineffective provision or to fill a gap, an appropriate legally permissible provision shall be used that comes as close as possible to what would have been intended in accordance with the intention and purpose of these Terms of Use if the partial invalidity or gap had been known.
General Terms and Conditions for Consulting Services
1. Validity of the general terms and conditions
1.1. For business transactions of paba IT Consulting & Training e.U., Seegrabenstraße 13, 8700 Leoben, registered in the commercial register of the regional court of Leoben under FN 506637 f (hereafter „Agent“), in relation with consulting apply exclusively the following general terms and conditions.
1.2. The general terms and conditions shall be binding to the entire current and future business with paba IT Consulting & Training e.U., even if no special reference is made to these conditions.
1.3. Agreements deviating from or supplementing these general terms and conditions shall only be valid and come into effect with a required written confirmation by paba IT Consulting & Training e.U..
2. Offer
2.1. All offers by paba IT Consulting & Training e.U. are non-binding as long as they are not explicitly termed as binding.
2.2. The Principals order becomes valid once the electronic order confirmation of paba IT Consulting & Training e.U. has been received by the Agent whereby a contract comes into effect. An obligation of service fulfillment – especially the observance of proposed dates – only arises after the conclusion of contract.
3. Scope of Consulting and Representation
3.1. The scope of each particular consulting assignment shall be individually agreed by contract.
3.2. The Agent shall be entitled to subcontract, in whole or in part, the services for which the Agent is responsible to third parties. Payment of said third parties shall be effected exclusively by the Agent. No contractual relationship of any kind shall exist between the Principal and said third party.
3.3. paba IT Consulting & Training e.U. guarantees to exclusively use employees for its events, which possess the necessary qualifications. However, the Principal has no right of any specific further qualifications or trainings of the deployed employees of paba IT Consulting & Training e.U..
3.4. During the validity of this Contract and for a period of three years after termination thereof, the Principal shall agree not to enter into any kind of business transactions with persons or organizations the Agent employs to perform the Agent’s contractual duties. In particular, the Principal shall not employ said persons or organizations to render consulting services the same or similar to those offered by the Agent.
4. Principal’s Obligation to Provide Information / Declaration of Completeness
4.1. The Principal shall ensure that during the performance of the consulting assignment, organizational conditions in the Principal’s place of business allow the consulting process to proceed in a timely and undisturbed manner.
4.2. The Principal shall also inform the Agent in detail about previously conducted and/or currently active consulting projects, including those in other areas of competency.
4.3. The Principal shall, in a timely manner and without special request on the part of the Agent, provide the Agent with all documents necessary to fulfill and perform the consulting assignment and shall inform the Agent of all activities and conditions pertinent to the performance of the consulting assignment. This includes all documents, activities and conditions that become known or available during the performance of the consulting assignment.
4.4. The Principal shall ensure that all employees as well as any employee representation (works council) provided by law, if established, are informed of the Agent’s consulting activities prior to the commencement of the assignment.
5. Maintenance of Independence
5.1. The contracting parties shall be committed to mutual loyalty.
5.2. The contracting parties shall be obligated to take all necessary measures to ensure that the independence of all persons working for the Agent and/or of any third parties employed by the Agent is not jeopardized. This applies particularly to any employment offers made by the Principal or the acceptance of assignments on their own account.
6. Reporting / Obligation to Report
6.1. The Agent shall be obligated to report to the Principal on the progress of services performed by persons working for the Agent and/or any third parties employed by the Agent.
6.2. The Agent shall deliver the final report in a timely manner, i.e. depending on the type of assignment, two to four weeks after completion of the assignment.
6.3. The Agent shall not be bound by directives while performing the agreed service and shall be free to act at the Agent’s discretion and under the Agent’s own responsibility. The Agent shall not be required to work in a particular place or to keep particular working hours.
7. Copyright
7.1. Results of the services provided shall not be allowed to be used for other purposes as agreed in the working contract.
7.2. Intellectual property rights related to the Business Analysis and Consultancy work are assigned to the contracting party and paba IT Consulting & Training e.U. will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without contracting party’s prior written consent. Any rights granted to paba IT Consulting & Training e.U. under a specific Agreement shall not affect contracting party’s exclusive ownership of the work product.
7.3. Any violation of this provision by the Principal shall entitle the Agent to prematurely terminate the Contract and to enforce other legal claims, in particular for restraint and/or damages.
8. Warranties
8.1. The Agent shall be entitled and obligated, regardless of fault, to correct any errors and/or inaccuracies in the Agent’s work which have become known subsequently. The Agent shall immediately inform the Principal thereof.
8.2. This right of the Principal expires six months after completion of the respective service.
9. Liability
9.1. paba IT Consulting & Training e.U. shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Contracting party agrees that, in the event paba IT Consulting & Training e.U. is determined to be liable for any such loss, contracting party’s sole remedy against paba IT Consulting & Training e.U. is limited to a refund of payments made by contracting party for said Services, less expenses paid to subcontractors or to third parties. paba IT Consulting & Training e.U. is not responsible for errors which result from faulty or incomplete information supplied to paba IT Consulting & Training e.U. by contracting party.
9.2. Contracting party also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. paba IT Consulting & Training e.U. shall not be liable to contracting party for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.
10. Data protection
10.1. paba IT Consulting & Training e.U. treats the data provided by the contracting party in the strictest confidentiality. Personal or business information, e.g. Name, E-mail address or postal address will be exclusively used for the individual support of the contracting party, the processing of the concluded contracts, billing purposes, communication of orders, consignation of product information and for (technical) administration purposes. Upon contract signing the contracting party explicitly accepts the utilization and processing of its data to this extent and agrees to be notified about future services. The contracting party may revoke their consent with regard to their information and services of paba IT Consulting & Training e.U. any time.
11. Estimate of costs
11.1. A rough cost estimate with the best expertise can be made upon agreement, however no assurance about the correctness can be given. If costs increase by more than 15% after the contract is awarded, the contractor will immediately inform the contracting party of this. If this involves unavoidable excess costs of up to 15%, a separate agreement is not necessary and these costs can be invoiced without further notice. Unless otherwise agreed, changes in the assignment or in additional assignments may be invoiced at appropriate prices. Estimates of costs are against payment.
12. Prices and terms of payment
12.1. Invoices of the contractor are to be made immediately upon receipt of invoice without deductions. The applicable value added tax shall be charged separately. In the case of default, paba IT Consulting & Training e.U. is entitled to claim reminder fees and default interest in the amount of eight (8) % above the prime interest rate. In the case of default the contracting party is obliged to pay the incurred collection expenses of the collecting agencies and the costs of lawyers. Additionally, the contracting party agrees to reimburse paba IT Consulting & Training e.U. for any additional costs incurred by paba IT Consulting & Training e.U. in the execution of the agreement, including pre-approved travel and expenses.
13. Terms of cancellation
13.1 Should either party choose to cancel this agreement prior to the agreed termination, they may do so by providing written notice, delivered via email or certified mail 7 days before the required cancellation date. In the event of cancellation, paba IT Consulting & Training e.U. agrees to cease providing IT consulting services immediately, and generate a final pro-rated invoice for services rendered.
13.2. In the case of a cancellation of an order by the contracting party he is obliged to pay a cancellation charge. In case of cancellation the latest four weeks before that start of the assignment this charge accounts for 25% of the order amount; 50% of the order amount in the case of cancellation two weeks in advance; and 75% of the order amount if the start of the assignment is less than two weeks away or afterwards.
14. Electronic Invoicing
14.1. The Agent shall be entitled to transmit invoices electronically. The Principal agrees explicitly to accept invoices transmitted electronically by the Agent.
15. Formal requirement
15.1. Alterations and additions to this general terms and conditions must be made in writing.
16. Offsetting
16.1. Any offset with counterclaims against our claims, irrespective of what type, is excluded.
17. Place of Jurisdiction and governing law
17.1. All disputes arising from the contract including litigations over its existence or nonexistence thereof shall fall within the exclusive jurisdiction of the competent court at the headquarters of paba IT Consulting & Training e.U.. This contract shall be governed exclusively by the laws of the Republic of Austria.
18. Severability Clause
18.1. In the event that one or all terms of this Agreement is or becomes invalid or impracticable, the validity and legal of the remaining other provisions is not affected. The invalid or impracticable provision shall be replaced by a valid or practicable provision through which the intended purpose and content of the invalid and impracticable provision which comes as close as possible.
General Terms and Conditions: Online Trainings
1. Your Responsibilities
1.1. You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.
2. Damage to Your Computer
2.1. Whilst we try to ensure that the Training Websites do not contain any errors, defects, malfunctions or corruptions, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Training Websites or any materials made available via the Training Websites.
3. Accessibility of the Training Websites
3.1. Although we use reasonable endeavours to ensure that the Training Websites are available 24 hours a day 7 days a week, we cannot promise that access to the Training Websites will be uninterrupted or error free. There may be occasions when access to the Training Websites is interrupted. You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.
4. Course Access
4.1. Any right to access the training course materials is personal to you and you may not transfer your rights to access the training course materials to another person unless we have consented in writing to you doing so.
5. Our Liability to You
5.1. We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Training Websites or any or content and/or facilities provided via the Training Websites:
– any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
– any loss or corruption of data; or
– any indirect or consequential loss.
6. Copyright and Use of Materials
6.1. The materials on the Training Websites are protected by our copyright and other intellectual property rights. Every participant will be provided with the training material in digital form. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable licence to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without our prior permission. Any such use is strictly prohibited and will constitute an infringement of our intellectual property rights.
6.2. You are authorized to apply and use the taught methods and concepts. However, you are not entitled to reproduce this material in any organized form or transfer it to third parties, whether profit-making or not.
6.3. If you are purchasing training courses on behalf of your business, you may provide access to course materials to individuals within your organisation.
6.4. Where you have been granted access to course materials, either as a result of your own purchase or because you have been granted access rights by someone else, you may not re-sell access to the materials or otherwise distribute usernames and passwords to anyone except as permitted under these Terms or as permitted in writing by us.
6.5. To provide a continuous check on the consistency and quality of training delivery, all students will receive a follow-up email at the end of each class asking to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery.
7. Your Information
7.1. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times. We may refuse to accept your application to register as a user for any reason in our absolute discretion.
8. User Names and Passwords
8.1. When you register as a user of the Training Websites you will be asked to select a user name and password. You should keep your user name and password confidential and you must notify us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure or for routine security. You can alter your password via the Training Websites.
9. Cancellation by you
9.1. Notice of a your intent to cancel a registration must be made via our contact form or by emailing training@paba.at and is subject to the following terms:
9.1.1. Training registrants whose cancellation request is received in excess of 7 days prior to the start date of the training activity will incur no liabilities
9.1.2. Training registrants whose cancellation request is received within 7 days prior to the start date or after the commencement of the training activity will incur an administration fee equal to 100% of the obligatory fee.
10. Cancellation by us
10.1. We reserves the right to cancel courses, change online platform, change instructors, or change course content. In the event that a course must be canceled registrants will be informed at least 7 days prior to the start of the course. Registrants will be notified via email. We will make every effort to avoid cancellations. In case of a cancellation registrants will receive a refund for the full course fee.
11. Suspension and Termination of Your Account
11.1. You agree that we may at any time without notice terminate your user account and delete all information stored on it, unless it contains course materials that have not exceeded their expiry date.
11.2. We reserve the right to withdraw all or part of the Training Websites at any time.
12. Formation of a Contract of Sale
12.1. In order to purchase and access a training course, you must register as a user of the Training Websites.
12.2. When you place an order for a training course you are offering to purchase that course on these terms. We shall have the right to decline or cancel your order.
12.3. A legally binding agreement shall not come into existence until we have accepted your offer to purchase a training course by means of a separate confirmation email from us, which will be effective upon sending.
12.4. We reserve the right to withdraw at any time training courses advertised for sale on the Training Websites.
13. Payment
13.1. You agree to pay us the course fee. Course fees are quoted in euro, including VAT.
14. Provision of Access
14.1. We will provide you with access to online training course materials after we have confirmed your order by email and you have paid the course fee.
15. Missed lessons
15.1. There will be no replacement classes or extra materials for students who missed a lesson
16. Third-party tools
16.1. We may provide you with access to third-party tools which we neither monitor nor have any control over or give input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
17. Third Party Links
17.1 The Training Websites may provide links to third-party websites from time to time. We are not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites.
18. Your Right to Use the Course Materials and Your Related Obligations
18.1. In consideration of receipt by us of the course fee, we grant to you a non-exclusive, non-transferable licence to use the training course materials for the sole purpose of personal home or work use. As such, you and any authorised ‘user name and password’ holder may make copies of the training course materials as necessary incidental acts during your viewing of it.
18.2. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the training course materials. Any use of the training course materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.
19. Quality of the Services
19.1. We will provide the training course materials in accordance with the course description which is set out on the Training Websites.
19.2. We do not make any commitment to you that the course will meet any specific requirements that you have and we expect you to take reasonable care to verify that the course in question will meet your needs. We do not make any commitment to you that you will obtain any particular result from your use of the training course materials or that you will obtain any particular qualification on completion of the course (unless otherwise stated on the Training Websites).
19.3. Other than the stated minimum technical specification, we do not make any commitment that the training course materials will be compatible with or operate with your software or hardware.
19.4. We provide such trainers to present the training course as it, in its sole discretion, deems fit and we are entitled at any time to substitute any trainer with any other person who, in our sole discretion, it deems suitably qualified to present the relevant course.
19.5. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
20. Our Rights to Stop Providing the Services to You
20.1. If you have purchased online training course materials, we will make the training course materials available to you via the Training Websites following the issue of your confirmation email for a period of 60 days or upon successful completion of the course examination, whichever is the sooner, after which point we will suspend your access to the training course materials. If you wish to access the training course materials after your access has been terminated, you will need to submit a new order to us. In certain circumstances we may extend the time period in which you may access the training course materials.
21. Changes to terms and conditions
21.1. You can review the most current version of the Terms of Service at any time on our website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
22. Privacy Policy
22.1. All information provided by you under these Terms & Conditions will be treated in accordance with our privacy policy.
23. Force majeure
23.1. Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).
24. Juristiction
24.1. These Terms are governed by and shall be construed in accordance with Austrian law. Any dispute arising between us and you under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the Austrian courts.
25. Entire Agreement and severability
25.1. This Agreement is the entire agreement between you and Cirillo Consulting GmbH relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
General Terms and Conditions for Offline / Personal Training Services
1. Validity of the general terms and conditions
1.1. For business transactions of paba IT Consulting & Training e.U., Seegrabenstraße 13, 8700 Leoben, registered in the commercial register of the regional court of Leoben under FN 506637 f, in relation with training services apply exclusively the following general terms and conditions.
1.2. The general terms and conditions shall be binding to the entire current and future business with paba IT Consulting & Training e.U., even if no special reference is made to these conditions.
1.3. Agreements deviating from or supplementing these general terms and conditions shall only be valid and come into effect with a required written confirmation by paba IT Consulting & Training e.U..
2. Offline Trainings
2.1. paba IT Consulting & Training e.U. offers two different kind of offline trainings.
2.1.1. Individual/In-house Trainings: targeted to a predefined group of participants (e.g. companies, organizations) and held at client’s premises or other premises.
2.1.2. Open Trainings: publicly announced trainings (e.g. via website, marketing) which are available for everyone. They are held under the conditions announce in the advertisement (e.g. required number of participants)
3. Registration and Contract Conclusion
3.1. Offers by paba IT Consulting & Training e.U. are non-binding as long as they are not explicitly termed as binding.
3.2. Registration must be done in writing, per e-mail or on the website. Registration for individual trainings is done upon written order by the client. By registering the agreement is binding.
3.3. In case the required number of participants of a certain training was not achieved, paba IT Consulting & Training e.U. is entitled to withdraw from the agreement up to 7 days prior to the start of the training.
3.4. In case open trainings are fully booked, or cannot not meet the required number of participants, paba IT Consulting & Training e.U. will inform the client about the next possible date of training.
4. Services
4.1. The price of open trainings includes:
4.1.1. The necessary materials and training rooms for the duration of the training,
4.1.2. Facilitation of the training, training content according to the training description,
4.1.3. All necessary training material in English or German
4.1.4. Personal certification of participation upon request
4.2. All other costs, e.g. Transportation, Accommodation, are not part of the training fee.
4.3. The services for indvidual / in-house trainings are described in the offer of paba IT Consulting & Training e.U. and the contractual agreement.
5. Cancellation, Re-booking
5.1. The client can cancel trainings (open trainings and individual trainings) free of charge until 4 weeks before start of the training. In case of cancellation the latest two weeks before that start of the assignment this charge accounts for 25% of the order amount; 50% of the order amount in the case of cancellation one week in advance; and 75% of the order amount if the start of the assignment is less than one week away or afterwards.
5.2. A replacement participant for the training can be named anytime without additional fees.
5.3. Re-bookings of trainings are subject of individual agreement and availability without additional fees.
5.4. Re-bookings of individual/in-house trainings which are not held in the premises of the client must be announces at least 14 days prior to the training. Additional fees might apply and will be announced specifically. Re-booking is possible once and only once upon agreement between paba IT Consulting & Training e.U. and the client. All registrations, re-bookings and cancellations must be made in writing.
6. Copyright
6.1. The training material provided is the intellectual property of paba IT Consulting & Training e.U. and protected by copyright. Every participant will be provided with the training material as hardcopy. The participants are authorized to apply and use the taught methods and concepts. However, the participants are not entitled to reproduce this material in any organized form or transfer it to third parties, whether profit-making or not. Further, it is not permitted to duplicate or transfer the material in any different format (e.g. digitalization). Results shall not be allowed to be used for other purposes as agreed in the working contract.
6.2. Any violation of this provision by the client shall entitle paba IT Consulting & Training e.U. to prematurely terminate the Contract and to enforce other legal claims, in particular for restraint and/or damages.
7. Liability
7.1.The trainings are held by qualified trainers, carefully prepared and facilitated. paba IT Consulting & Training e.U. does not accept any liability for the timeliness, accuracy and completeness in relation to the training materials and the implementation of the training.
7.2. The client acknowledges that paba IT Consulting & Training e.U. does not take any responsibility for accidents that occur on the clients way to and from the training location. Any place where paba IT Consulting & Training e.U. develops activities of any kind, together with the client of a training, is considered a training location. If these are training rooms in a building, the clients path begins and ends at the general entrance to the training rooms.
7.3. paba IT Consulting & Training e.U. is liable for damages – for whatever legal reason – in cases of intent and gross negligence. In case of ordinary negligence, paba IT Consulting & Training e.U. shall only be liable for damages resulting from injury to life, breach of a material contractual obligation (obligation whose fulfillment makes the proper execution of the contract possible in the first place and whose compliance the contracting party regularly trusts and can trust)
8. Data protection
8.1. paba IT Consulting & Training e.U. treats the data provided by the contracting party in the strictest confidentiality. Personal or business information, e.g. Name, E-mail address or postal address will be exclusively used for the individual support of the contracting party, the processing of the concluded contracts, billing purposes, communication of orders, consignation of product information and for (technical) administration purposes. Upon contract signing the contracting party explicitly accepts the utilization and processing of its data to this extent and agrees to be notified about future services. The contracting party may revoke their consent with regard to their information and services of paba IT Consulting & Training e.U. any time.
9. Prices and terms of payment
9.1. All prices are fixed prices in Euro plus value added tax. They are listed explicitly in offer (for individual / in-house trainings) or on the current valid indication of the price on the website or advertisement.
9.2 Training fees are to be paid without deductions within fourteen days from date of invoice, but at latest at the start of the training, even if the payment period is reduced.
9.3. In the case of default, paba IT Consulting & Training e.U. is entitled to claim reminder fees and default interest in the amount of eight (8) % above the prime interest rate. In the case of default the contracting party is obliged to pay the incurred collection expenses of the collecting agencies and the costs of lawyers.
9.4. paba IT Consulting & Training e.U. is entitled to exclude clients from trainings that did not fulfill the payment obligations.
10. Electronic Invoicing
10.1. paba IT Consulting & Training e.U. is entitled to transmit invoices electronically. The client agrees explicitly to accept invoices transmitted electronically by paba IT Consulting & Training e.U..
11. Formal requirement
11.1. Alterations and additions to this general terms and conditions must be made in writing.
12. Offsetting
Any offset with counterclaims against our claims, irrespective of what type, is excluded.
13. Place of Jurisdiction and governing law
13.1. All disputes arising from the contract including litigations over its existence or nonexistence thereof shall fall within the exclusive jurisdiction of the competent court at the headquarters of paba IT Consulting & Training e.U.. This contract shall be governed exclusively by the laws of the Republic of Austria.
14. Severability Clause
14.1. In the event that one or all terms of this Agreement is or becomes invalid or impracticable, the validity and legal of the remaining other provisions is not affected. The invalid or impracticable provision shall be replaced by a valid or practicable provision through which the intended purpose and content of the invalid and impracticable provision which comes as close as possible.