Terms and Conditions

General Terms and Conditions of tecnovy GmbH These General Terms and Conditions apply to every offer by tecnovy. Validity: from July 2021.

General Provisions / Scope of Application
Nature and Scope of the Consulting Assignment / Delegation
Assignment of Orders
Cancellation of Orders by the Client
Cancellation of Individual Participants
Decision on the Execution of Consulting Assignments
Invoicing and Payment of Course Fees
Payment Default
Certification Guarantee
Liability
Confidentiality
Copyright
Place and Time of Delivery
Force Majeure
Jurisdiction and Applicable Law
Contact Address

1. General Provisions / Scope of Application

1.1 These Terms and Conditions exclusively apply to all legal transactions between the client and tecnovy. The version valid at the time of contract conclusion is binding.

1.2 These Terms and Conditions also apply to all future contractual relationships, even if not expressly referred to again in additional agreements.

1.3 Any terms and conditions of the client that contradict these Terms are invalid, unless explicitly accepted in writing by tecnovy via letter or email.

1.4 Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions and of contracts based upon them shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects its intent and economic purpose.

2. Nature and Scope of the Consulting Assignment / Delegation

2.1 The scope of a specific consulting assignment shall be contractually agreed in each individual case.

2.2 tecnovy is entitled to have tasks carried out in whole or in part by third parties (e.g., freelance trainers, consultants, service providers). Payment of such third parties shall be made exclusively by tecnovy. No direct contractual relationship of any kind arises between the third party and the client.

2.3 The client agrees not to enter into any business relationship or engagement with third parties engaged by tecnovy to fulfill its contractual obligations for a period of 24 months after the end of the contractual relationship.

2.4 Costs for accommodation, meals, travel, copies, and similar expenses are not included in the consulting assignment. Course fees remain unchanged throughout the duration of the event and must be borne by the client.

3. Assignment of Orders

3.1 An order is considered placed if:

3.1.1 a written order confirmation, a written reservation, or an email confirmation is available,
3.1.2 a verbal reservation is made, provided the client's intention to receive the service at the agreed time is clearly recognizable,
3.1.3 a framework offer or framework contract confirmation is available and further arrangements are made in separate plans (e.g., project plans),
3.1.4 a written offer exists and tecnovy has commenced work with the client's clear consent.

4. Cancellation of Orders by the Client

4.1 If the client cancels the order prematurely, they must pay for the efforts and expenses already incurred.

4.2 The cancellation must be made in writing (via email, fax, or post) and will be confirmed by tecnovy.

4.3 The client must also compensate tecnovy for lost revenues depending on the time of cancellation, regardless of whether tecnovy manages to reassign the appointment.

4.4 For a contract as defined under 3.1.3, the chargeable volume includes everything planned up to two months after the originally scheduled end date.

4.5 If the order was placed four months (120 calendar days) or more before the defined start date:

0% fee for cancellation up to 91 calendar days before,
50% fee for cancellation 61 to 90 calendar days before,
75% fee for cancellation 31 to 60 calendar days before,
100% fee for cancellation 30 or fewer calendar days before.

4.6 The same cancellation fees apply if the client causes the assignment to fail, e.g., by not providing the required number of participants or preparation.

4.7 If a replacement date can be agreed within two months, the payments under 4.5 and 4.6 will be waived. Paid amounts may be credited towards a similar future assignment.

5. Cancellation of Individual Participants

5.1 Withdrawal of an individual participant must be made in writing (via email, fax, or post) and will be confirmed by tecnovy.

5.2 If a participant's registration is cancelled before the course start date, the following payments are due:

0% fee for cancellation up to 91 calendar days before,
50% fee for cancellation 61 to 90 calendar days before,
75% fee for cancellation 31 to 60 calendar days before,
100% fee for cancellation 30 or fewer calendar days before.

5.3 If a replacement participant is provided, no cancellation fees apply.

5.4 If a participant does not attend or discontinues the course, the full course fee is due. No discounts or refunds will be granted.

6. Decision on the Execution of Consulting Assignments

6.1 All educational events depend on a minimum number of participants, which will be communicated to the client upon offer.

6.2 If the minimum number is not reached, tecnovy will inform the client shortly after the registration deadline.

6.3 tecnovy is not liable for any damages resulting from the non-execution of events.

6.4 tecnovy reserves the right to cancel the registration of individual participants or entire groups at any time due to technical errors, operational disruptions, system malfunctions, or other significant reasons beyond its control. In such cases, any payments already made will be fully refunded. Further claims by the participants are excluded.

7. Invoicing and Payment of Course Fees

7.1 Invoices are issued in the agreed currency: CHF for Switzerland, EUR for the EU, USD for Asia, unless otherwise agreed in writing.

7.2 The standard payment term is 30 days from the invoice date unless otherwise agreed.

7.3 All fees are stated excluding VAT, where applicable.

7.4 Price changes / discounts: The prices displayed at the time of conclusion of the contract and/or course registration shall apply. Later price changes, special offers, discount campaigns or promotional prices shall have no effect on contracts that have already been concluded and do not entitle the client to refunds, credits or any other form of compensation. This also applies if the course price is reduced after registration. Any discounts, special conditions or promotional offers are not cumulative, unless expressly agreed otherwise in writing.

8. Payment Default

8.1 After the third unsuccessful reminder, debt collection procedures will be initiated. Default interest of 5% per annum will be charged starting with the first reminder.

9. Certification Guarantee

9.1 If the completed training is linked to a certification exam, tecnovy grants a certification guarantee under the following conditions:

The first exam attempt is the responsibility of the participant.
If the participant fails the first exam attempt, tecnovy will cover the cost of a second exam attempt.
From the third attempt onwards, the participant is fully responsible for all exam fees.

9.2 Conditions:

The participant must take the first exam within 24 hours after the course ends.
The participant must be a native speaker or must provide proof of at least a B2 language level in the exam language.
tecnovy trainers are authorized to assess the participant’s language proficiency.
If the participant disagrees with the trainer’s assessment, they must submit an internationally recognized B2 language certificate issued within the past 12 months.

9.3 Obligations:

The participant must independently register for the second exam attempt.
The participant must promptly inform tecnovy of the result of the first exam.

9.4 Exclusions:

Missed exams for any reason.
Lack of sufficient language skills without appropriate proof.
Failure to attend exams due to illness, personal reasons, or similar.

9.5 Other Provisions:

The certification guarantee applies only to the specific exam connected directly to the training attended.
The participant remains solely responsible for fulfilling all other eligibility criteria required by the certification authority (such as proof of professional experience, educational background, or other prerequisites).
tecnovy has no influence over the rules, eligibility conditions, or decisions made by external certification bodies. The certification guarantee only covers the reattempt cost for the exam itself, not the overall certification process.

10. Liability

10.1 tecnovy is only liable for damages caused intentionally or by gross negligence. No liability is accepted if the participant's personal expectations are not met.

11. Confidentiality

11.1 tecnovy treats all corporate and personal data learned or generated during its activities with strict confidentiality and does not disclose it to unauthorized persons.

11.2 tecnovy complies with the Swiss Federal Data Protection Act (revDSG 2023).

11.3 If individual, personal reports about organization members are created, these individuals are regarded as the sole recipients of such reports.

11.4 Reports or information will only be disclosed to other persons (e.g., superiors) with the participant’s prior consent.

11.5 A different procedure is allowed if it is clearly communicated beforehand (e.g., in aptitude assessments, employee surveys) and no objection is raised by the affected participants.

12. Copyright

12.1 The copyrights to all works created by tecnovy, its employees, or assigned third parties (including digital content, webinars, online courses) remain with tecnovy.

12.2 The client may only use these works for the purposes covered by the contract. Reproduction or distribution without express written consent of tecnovy is prohibited.

12.3 Educational content may only be used correctly in publications. The use of training materials for other purposes requires prior written consent from tecnovy.

13. Place and Time of Delivery

13.1 Unless otherwise agreed, the client is responsible for organizing the event location and providing the necessary infrastructure.

13.2 Details regarding the dates, duration, and location are set forth in the individual contract.

13.3 If the event is postponed at the request of the client and tecnovy agrees, tecnovy may invoice additional readiness costs unless tecnovy is at fault.

14. Force Majeure

14.1 Events of force majeure such as natural disasters, epidemics, pandemics, strikes, or official orders release both parties from their performance obligations for the duration of the disruption.

14.2 If fulfillment of the contract becomes permanently impossible, both parties have the right to terminate the contract without notice.