These Terms and Conditions of Use provide the basis for the contractual relationship between: iSQI GmbH, Friedrich-Engels-Straße 24, 14473 Potsdam, registered in the commercial register of AG Potsdam HRB 26111 (herein known as "iSQI"), represented by its managing director Stephan Goericke and the training and event provider (herein known as "the Provider(s)") for the advertising of Training Courses and Events via the iSQI Marketplace.
§ 1 Preamble
The parties agree to advertise and broker training courses and events on the Marketplace within the website on the terms of this agreement (the “Agreement”). The Marketplace is a sales platform for training courses and events; iSQI allows Providers to distribute their products and services via the Marketplace. iSQI acts as an intermediary to the purchaser only. iSQI is operating as a broker only by providing the Provider with the facility to advertise in the Marketplace; iSQI is neither a seller nor a purchaser of the products and services from the Provider. The Provider is the contracting party with the purchaser of Training Courses or Events. The Provider is responsible for all content related to the Training Courses and Events, complaints from the purchaser and all other matters arising from the contract between them and the purchaser. iSQI will be responsible for invoicing for the Training Course or Event as the Marketplace owner; iSQI will invoice as a broker.
§ 2 Subject of the agreement for Training Course and Event Advertising
The subject of the Agreement is the advertisement and brokering of Training Courses and Events by the Provider in the iSQI Marketplace under the conditions listed below: Training Courses includes advanced training courses, accredited content and subsequent certification exam, as well as accredited online training and subsequent certification exam. Events are continuing educational events, non-accredited content, without subsequent examination and corresponding online training without subsequent examination. The Agreement applies to all Training Courses and Events advertised by the Provider via the iSQI Marketplace. However, iSQI reserves the right (at its sole discretion) not to allow individual Training Courses and/or Events on the Marketplace and to remove them from the Marketplace (§6).
§ 3 Role and services iSQI
iSQI operates the Marketplace and offers the Training Course and Events set up by the Provider on its Marketplace. iSQI advertises the Marketplace and the iSQI online shop. iSQI handles the settlement of the billing with the Purchaser via the Marketplace. iSQI is authorised to receive and disburse the funds received in accordance with the instructions of Provider. In this capacity, iSQI is neither a buyer nor a distributor of the goods or services offered by the Provider and is not a party to the contract of sale. iSQI will not mediate in disputes between Purchasers and Providers, nor enforce the fulfilment of a sales contract or arrangement. iSQI, or the name of an affiliated company of the iSQI, may appear on the credit card statement of the Purchaser. iSQI as a broker will invoice the Purchaser in the name and on behalf of the Provider. A Purchaser's obligation to pay for a service purchased through the Marketplace is met when the Purchaser duly and fully pays iSQI through the Marketplace for the item. However, the Purchaser (consumer in the sense of the German Civil Code) has a right of revocation vis-à-vis the training and seminar broker. iSQI is neither the trustee or fiduciary in respect to the purchase of items via the Marketplace. iSQI does not accept deposits and does not issue loans. However, iSQI may use the services of one or more third parties, affiliates, payment processors and / or financial institutions to provide the service and to process transactions. iSQI will transfer the monies owing to the Provider from the sale to the account specified by Provider in the Marketplace, less the agreed remuneration. iSQI does not guarantee the payments of a Purchaser.
§ 4 Use of the Marketplace
In order to use the Marketplace, the Provider must register and provide complete and accurate registration information, and then receive a “Seller” account. iSQI will provide the Provider with the login and password. The Provider is responsible for ensuring the confidentiality and security of their login and password. The password should not be disclosed to any third parties. The Provider can upload information on Training Courses and / or Events independently within the Marketplace. The Provider is responsible for keeping the information on the Marketplace up to date. The Provider is required to ensure that once registered Training Courses or Events proceed. If a Purchaser books a Training Course and and/or an Event, this is an effective contract between the Purchaser and the Provider. iSQI is not responsible for cancellations. In this regard, the general terms and conditions of Provider apply. iSQI reserves the right to terminate this Agreement with Providers who cancel or postpone an above-average number of Training Courses and Events. The Provider will comply at all times with applicable laws, rules and regulations governing the use of the Marketplace, including the terms and conditions posted on the iSQI Online Store. They will not use the Marketplace as a payment service or intermediary, resell the service to a third party, or use it to process and transfer funds to a third party.
§ 5 Booking with a guarantee
The Provider may at its own discretion offer Training Courses and Events with a “guarantee” to run (using a Guarantee button). Training Courses and Events offered with a guarantee commit to the Purchaser that the event will not be postponed or cancelled.
§ 6 Requirements for the types of Training Courses and Events
iSQI reserves the right to permit Training Courses or Events to be advertised in the Marketplace. Only Training Courses that are currently and appropriately accredited or registered by the relevant accreditation bodies are permitted and where there is no potential for infringement of any IP or trademarks. Training Courses or Events that may be deemed illegal, which infringe IP rights, which are inappropriate, racist, abusive or otherwise containing offending content will be removed from the Marketplace immediately.
§ 7 Compensation to iSQI for sales of Training Courses and Events through the Marketplace
The Provider will pay iSQI the amount of 25% of the Purchase fee for a Training Course or Event that has been booked via the iSQI Marketplace and where iSQI has invoiced and received a payment. The Provider agrees that iSQI will deliver all examinations associated with the training offered without exception if that exam is within the iSQI portfolio and where iSQI is permitted to deliver the exam by the applicable scheme rules and regulations.
§ 8 Invoicing for Training Courses and Events sold via the Marketplace
iSQI will invoice the Purchaser. iSQI will pass on the amount received from the Purchaser minus the agreed remuneration to the Provider as a credit note. Purchasers will be able to cancel the purchase via the Marketplace up to 14 days after placing their order. iQSI will forward the credit note to the Provider at the earliest 14 days after receipt of the order and payment.
§ 9 Assignment and Subcontracting
The Provider may not assign or transfer any rights or obligations that it has under this Agreement without prior consent from iSQI. Subject to the foregoing provisions, this Agreement shall be binding on any subcontractors or assignees.
§ 10 Agreement Duration
§ 11 Termination
(1) Termination is possible at any time with a notice period of 4 weeks.
(2) The Agreement can be terminated with immediate effect for a material breach of obligations under this Agreement.
(3) Training Courses and Events may continue to advertised within the notice period. Previously booked Training Courses and Events may remain advertised.
(4) The Agreement will be terminated if either party goes into liquidation, has an administrator, administrative receiver, receiver or manager appointed over the whole or any part of its assets or business, makes any composition or arrangement with its creditors generally, becomes insolvent or ceases trading, or if it threatens to do any of the foregoing.
§ 12 Electronic communication, written form
iSQI will communicate electronically with the Provider, e.g. via e-mail, text messages or by publishing electronic messages or other communication within the Marketplace. For contractual purposes, the Provider agrees to receive electronic communications from iSQI and agrees that all consents, notices, publications and other communications it receives electronically are in writing, unless they are mandatory Legal regulations requiring a different form of communication.
§ 13 Liability
(1) iSQI is not liable for minor breaches of duty, insofar as these do not pertain to the contractual obligations or guarantees or for injury to life, limb or health or claims under the Product Liability Act.
(2) If iSQI is liable for minor infringements, the liability shall be limited to contractually typical, foreseeable damages.
(3) As far as the liability of iSQI is excluded or limited, this also applies to the liability of legal representatives, employees and vicarious agents of the training and seminar facilitator.
(4) iSQI is not liable for the functioning of data networks, servers or data lines to its data centre and the constant availability of its online shop or Marketplace.
(5) iSQI is not liable for the accessibility and functionality of the service providers commissioned for online services.
§ 14 Copyright and Trademark Law
(1) All trademarks in iSQI are copyright to iSQI. Duplication or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of iSQI.
(2) All brand names and trademarks named on the internet offering and that may be protected by third parties are subject without restriction to the provisions of the applicable trademark law in each case and to the ownership rights of the registered owner. It should not be assumed from the mere mention of a trademark that it is not protected by the rights of third parties.
§ 15 No Partnership or Agency
Nothing in this Agreement shall be construed as intended or established to create a joint venture, employment, fiduciary, partnership or other relationship of loyalty between training and seminar facilitators and training and seminar providers. Furthermore, none of the parties by virtue of this agreement is an agent or representative of the other party. Neither party is authorised and will not attempt to establish or endorse an express or implied duty or liability on behalf of the other party or otherwise for the other party.
B. Other conditions
§1 Right of amendment
iSQI reserves the right to amend the present terms and conditions in response to changes in legislation, changes in jurisdiction or changes in economic conditions. Should this occur, iSQI will notify the Provider separately.
§2 No waiver
If the Provider is in violation of these terms and conditions of use, and we take no action against the Provider, we shall remain entitled to assert our rights in any other instance in which the Provider violates these terms and conditions of use.
§3 Law and Jurisdiction, Miscellaneous
(1) Additional or deviating agreements, changes and additions to these conditions must be made in writing. If one or more provisions of these terms and conditions are or become invalid or unenforceable, this does not affect the validity of the remaining terms and conditions. The ineffective or unenforceable provision shall be replaced by one that is closest in economic and legal terms to what the parties intended by the original provision. This also applies to any contractual loopholes.
(2) Place of performance and jurisdiction is Potsdam (headquarter of iSQI GmbH).
(3) The law of the Federal Republic of Germany. The applicability of mandatory norms of the state in which the customer has their habitual residence upon conclusion of the contract remains unaffected by this choice of law.
(4) The UN Sales Convention is excluded.
(5) Additionally, the general terms and conditions of iSQI apply.