General Terms and Conditions for Trainings

by Anatoly Zelenin
Prager Str. 1a
01069 Dresden
Germany
(hereafter: Anatoly Zelenin)

Validity

  1. These terms and conditions apply to all IT training and consulting services provided by Anatoly Zelenin.

Preamble

  1. Anatoly Zelenin offers various services and products for professional and technical education. These General Terms and Conditions govern the performance of educational services and products, subject to individual contractual amendments.
  2. The offers of Anatoly Zelenin are directed exclusively to commercial customers and explicitly not to consumers.
  3. In the following, the specific service is referred to as "open training" in the case of publicly bookable events, and as "in-house training" in the case of customer-specific events, and collectively as "training". In the following, the contractual partner of Anatoly Zelenin is referred to as "customer", persons participating in the training as "participants" and the person conducting the training as "trainer". The term "training materials" refers to all documents and data made available during the training, such as handouts, slides, reference books, scripts, programs or virtual machine images.
  4. The Customer shall pass on these General Terms and Conditions and, in particular, the code of conduct contained therein, in a binding manner to all participants registered by the Customer.
  5. The customer's general terms and conditions and/or purchase terms shall only be valid in the event of a written acknowledgement, even if they have not been expressly contradicted.

Content and execution of the training

  1. The service of Anatoly Zelenin comprises the execution of the training, including the provision of a learning environment, for example by virtual machines in the cloud or by images of virtual machines for own operation, as well as training materials. If suitable materials are not available in the training language, English-language materials will be used. Upon completion of the training, participants receive a certificate of attendance.
  2. In the case of public trainings, Anatoly Zelenin sets a date and a medium for conducting the training. Currently, the corresponding trainings take place only online, but this can change at any time.
  3. The content of the training is determined by the course description or the agreement with the customer. Adaptations are possible in consultation with the participants, due to a lack of previous knowledge or due to technical necessities, as long as the goal of the training is maintained.
  4. If the announced trainer is unable to attend, the training can be conducted by another qualified person.
  5. The participants use their own devices during the training. Instructions regarding software to be installed are usually communicated ten working days before the start of the training or made available on the website of Anatoly Zelenin. Participants must ensure that they have an up-to-date backup of their data before the start of the training. Anatoly Zelenin is not liable for data loss on or damage to equipment and infrastructure of the participants and the customer, even if this occurred during the training.
  6. In case of public face-to-face training, the training fee includes catering during the training breaks, including lunch. Further, catering as well as arrival/departure or overnight stays are not part of the service.
  7. In the case of in-house training, the customer shall be responsible for the provision of suitable seminar rooms and equipment, as well as catering at their own expense.
  8. The customer and the participants ensure that they meet the necessary professional and technical requirements in accordance with the course description and the instructions on the website of Anatoly Zelenin.
  9. All trainings are prepared and conducted with the greatest possible professional and didactic care. Nevertheless, Anatoly Zelenin is not liable for the accuracy of the course content and training materials, for advice given, for the occurrence of a specific learning outcome, for the acquisition of specific knowledge and skills, or for the suitability of the training for a specific purpose.

Registration, Cancellation, and Cancellation Policy

  1. The booking of an open training course or the order of an in-house training course is made by the customer and confirmed by Anatoly Zelenin.
  2. The registration is made in writing, by e-mail or via the respective online registration form and is binding. After registration, the customer will receive a confirmation of registration with further information or an immediate notification.
  3. As a rule, a decision is made on the implementation of open training courses ten working days before the start of the training. If a training is cancelled, the customer's booking will be cancelled.
  4. The short-term cancellation of a training is possible for Anatoly Zelenin, if the implementation of the training is not possible due to unforeseen circumstances. This includes, among other things, the illness of the trainer, the failure of technical systems, a legal ban on the implementation of the training, the failure, or delay of transportation or cases of force majeure. In this case, the customer and the participants will be informed immediately and, if possible, an alternative date will be offered.
  5. In case of cancellation of a training by Anatoly Zelenin, the customer's claim for execution of the training is cancelled. No training fee will be charged and already paid training fees will be refunded. Further claims of the customer against Anatoly Zelenin are excluded. This explicitly includes the reimbursement of already incurred travel expenses, accommodation costs, loss of earnings, loss of work or loss of profit.
  6. The customer can cancel a booking free of charge up to 13 working days before the start of the training. Cancellations between the 12th and 3rd working day before the start of the training will incur a cancellation fee of half the training fee. In case of a later cancellation, the training fee will be charged in full. This also applies in the event of a participant's non-appearance or if a participant cannot take part in the training due to a lack of technical or professional prerequisites, although these prerequisites were communicated to the customer at least ten working days before the start of the training or are evident from the course description or the notes on the Anatoly Zelenin website.
  7. Instead of cancellation, the customer may nominate an alternative participant. In this case, the booking between the customer and Anatoly Zelenin remains valid and applies to the alternatively named participant.

Code of Conduct

  1. During the participation in an online training, all participants are obliged to turn on their webcam at all times. Participants who cannot be seen during the training may be excluded from further participation in the training.
  2. Participants must avoid disturbing the training and follow the instructions of the trainer. Participants who disrupt the training for a long time can be excluded from further participation in the training.
  3. Participants are required to be friendly and collegial.
  4. Participants who insult, discriminate, intimidate, expose or otherwise behave inappropriately or in a manner that is not socially appropriate may be excluded from further participation in the training.
  5. Our trainings are a protected space in which all participants are expected to exchange ideas without bias. It is forbidden to make picture, sound and/or video recordings of trainings. This applies to all forms of training, including in particular open training and in-house training, regardless of whether these are conducted online or in person, and includes both recordings of trainers, participants, and the content of the training. Participants who attempt to record training will be excluded from further participation in the training. Anatoly Zelenin expressly reserves the right to report participants who make recordings that may be criminally relevant.
  6. Participants may only use the resources provided within the scope of the training. In particular, virtual machines and other resources connected to the Internet or provided in the cloud may not be used for purposes that are relevant under criminal or civil law. In case of such use, Anatoly Zelenin reserves the right to disclose relevant information to the relevant authorities and to independently report potentially criminal acts. The customer indemnifies Anatoly Zelenin from all claims and expenses resulting from a non-training-related use of Anatoly Zelenin's resources by participants registered by the customer.
  7. If a participant is excluded from a training due to a violation of this Code of Conduct, the customer's claim to the training service is forfeited. There will be no refund of already paid training fees, and Anatoly Zelenin's claim to unpaid training fees remains unchanged.
  8. Once excluded, participants can be excluded from participation in further trainings.

Copyright

  1. All training contents and training materials are protected by copyright. They are made available to the participants for their personal use during the training and for personal repetition of the contents after the training. Participants are not entitled to use training materials for other purposes or to make them available to other persons.
  2. Beyond this, participants and the customer are not granted any further rights of use or exploitation of the training materials. In particular, the participants and the customer are not entitled to reproduce or use the training materials or the lesson design to reproduce, duplicate, disseminate, publicly reproduce or otherwise disclose to third parties otherwise make them available to third parties or to create derivative works or translations. This does not include freely available documents and data, such as free software or documents under a Creative Commons license.

References

  1. Anatoly Zelenin may use the customer as a reference in its own promotional materials and may also list the customer as a customer on its website, unless the customer objects to such use, which may be done at any time.

Liability

  1. Anatoly Zelenin is liable for damages in case of injury to life, body or health or in case of breach of essential contractual obligations according to the statutory provisions. For other damages, Anatoly Zelenin is only liable if they are based on a grossly negligent breach of duty on the part of Anatoly Zelenin or a grossly negligent or intentional breach of duty of a legal representative or vicarious agent of Anatoly Zelenin. The claim for damages due to violation of essential contractual obligations is limited to the contract-typical foreseeable damage. A claim for compensation of indirect damages, in particular for IT failures, loss of work / earnings and loss of profit, does not exist.
  2. If necessary, Anatoly Zelenin is entitled to replace the scheduled speakers with other, thematically equally qualified persons after consultation (e.g. illness, accident) and reserves the right to make necessary organizational, content-related and methodological changes.

Miscellaneous

  1. If any provision of these General Terms and Conditions is not legally valid or incomplete, the contracting parties agree to replace or complete it by mutual consent with a legally valid provision that corresponds to the nature and purpose of the contract. The remaining provisions shall remain valid unchanged.
  2. The place of jurisdiction is Dresden, Germany. The law of the Federal Republic of Germany shall apply exclusively.
  3. The translation of these terms and conditions is for convenience only, and the German language version governs.