Terms of Use of iSQI Inc. for the provision of training and seminars on the marketplace
Agreements on the provision of training and seminars on the marketplace
These Terms of Use form the basis of the agreement between
iSQI Inc., 361 Newbury Street, Fifth Floor, Boston MA 02115, United States of America, registered under DUNS No. 079921096 (USA), represented by its Managing Director Stephan Goericke (hereinafter also: "iSQI" or the “Broker”)
and
the contractual partner (hereinafter also known as the "Provider").
§ 1 Preamble
The parties agree to broker training courses and seminars (see § 2 for definition) on the marketplace within the iSQI online store. The marketplace represents a sales platform for promoting and selling training courses and seminars in the field of further education and training. iSQI allows training and seminar Providers to sell services and products on the marketplace. iSQI acts only as a broker who is neither a seller nor a buyer of the products. The contractual relationship between customer and provider is subject to the provider’s general terms and conditions.The Provider is the contractual partner of the buyer of the seminars and training courses. The training and seminar Provider is responsible for all content of the seminars and training courses, for complaints from the buyer, and for all other matters arising from the contract between the buyer and seller. iSQI as a broker only acts as the marketplace owner; the billing for the training or seminar is carried out directly by the respective Provider. The Provider will directly invoice the buyer. iSQI issues an invoice to the training and seminar Provider for the agreed remuneration.
§ 2 Subject matter of the agreement training and seminar brokerage
The subject of the agreement is the brokerage of the Providers training and/or seminars via the iSQI marketplace under the conditions below.
Training courses are further education and training events with accredited content (meaning it is aligned to the applicable rules of the respective qualifications body) and which lead to a certification exam. iSQI is neither responsible nor liable for any accreditation or Provider compliance.
Seminars in this context are further education and training events with non-accredited content (only seminars that do not require accreditation by a qualifications body are permitted; the Provider itself is responsible for this), without a subsequent examination.
The agreement applies to all training courses and seminars listed by the Provider to the broker for placement. However, the broker reserves the right not to offer individual training courses and/or seminars on the Marketplace and to remove them from the Marketplace (§ 6).
The training courses and seminars are offered by the Provider on the brokers marketplace with relevant information including dates and delivery method (on location or virtual). When a potential buyer has made an inquiry, the Provider must check availability and will only then send a corresponding offer or confirmation by e-mail. The Provider is also free to provide its training courses and seminars with a so-called guarantee button and thus give the customer a guarantee that the training course or seminar will take place (§ 5).
§ 3 Role and services of iSQI
iSQI operates the Marketplace and offers the training and seminars posted by the Provider on its Marketplace.
iSQI advertises the Marketplace or the entire online store accordingly.
iSQI does not handle the settlement of accounts with the booking customers on behalf of the Provider. This is done by the Provider itself.
iSQI is acting as an intermediary only and neither a buyer nor a trader of the goods or services offered for sale by the Provider and is not a party to the sales contract. The contractual relationship between customer and provider is subject to the Provider’s general terms and conditions.
The Broker will neither mediate in disputes between buyers and training and seminar Providers, nor enforce or arrange for the fulfillment of a purchase contract.
The Provider will independently send an invoice to the respective buyer.
If a training course or seminar is booked via the contact form, the contract is concluded directly between the Provider and the customer and the payment of the fee is made by the customer directly to the Provider's account.
The payment obligation of a buyer for a service purchased via the marketplace is fulfilled when the buyer or the Provider (if the request came via a contact form) properly and in full. In certain circumstances, the private buyer (consumer in the sense of the German Civil Code) has a right of withdrawal vis-à-vis the Provider.
The Broker does not act as a trustee or fiduciary for either the buyer or the training and seminar Provider. The training and seminar broker does not accept deposits and does not issue loans.
The Broker will invoice the Provider at the end of the month for the amount of the remuneration, which is payable within 14 days.
§ 4 Use of the marketplace & withdrawal and revocation of purchase by customers
In order to use the marketplace, the Provider must register for a seller account and provide complete and correct registration information. For this purpose, the Provider receives access data from the Broker.
The Provider is responsible for ensuring the confidentiality and security of the access data. The access data should not be passed on to third parties.
The Provider can add the training courses and/or seminars within the marketplace.
The Provider is obliged to keep the information on the marketplace page up to date. The Provider is required to deliver the training courses and/or seminars offered wherever possible.
If a buyer books a training course and/or seminar, this constitutes the effective conclusion of a contract between the buyer and the Provider. However, the private buyer (consumer within the meaning of the German Civil Code, if applicable) has a statutory right of withdrawal vis-à-vis the Provider.
The Broker is not responsible for cancellations. This is the responsibility of the Provider.
With regard to cancellations, the general terms and conditions of the Provider shall apply.
Reimbursement in the event of cancellation or withdrawal shall be made by the Provider.
In this case, the remuneration is not applicable.
In the event that the cancellation or withdrawal is made before payment is made to the Provider, the agent will refund the purchase price to the participant, taking into account the Provider's general terms and conditions.
iSQI reserves the right to terminate training and seminar Providers who cancel or postpone an above-average number of dates themselves.
The Provider shall at all times comply with all applicable laws, rules and regulations governing the use of the Marketplace, including the General Terms and Conditions published on the Online Shop.
The Provider will not use the Marketplace as a payment service or intermediary, resell the Service for a third party, or use the Service to process and transfer funds for a third party.
§ 5 Booking with guarantee
The Provider is free to provide its training courses and seminars with a so-called guarantee button. Training courses and seminars with a guarantee button guarantee the participant that they will not be postponed to another date or canceled. The aim is to offer as many training courses and seminars as possible with such a guarantee button in order to increase the sales figures for the Provider. The respective general terms and conditions of the Provider apply.
§ 6 Requirements for the hiring of training courses and seminars
The Broker reserves the right not to allow individual training courses and/or seminars. The training and seminars to be listed on the marketplace. iSQI sees itself as a Broker of training courses and seminars in the field of further education and training. The Broker will remove non-specialist training courses and seminars from the marketplace. Training courses or seminars that are not accredited by an appropriate body will also be removed, even though accreditation is required. Training courses and seminars with inappropriate, racist, offensive or otherwise illegal content will be removed from the Marketplace immediately.
§ 7 Remuneration of services for mediated training courses and seminars
The Provider shall remunerate the intermediary in the amount of 25% of the participation fee of each mediated participant. A training course or seminar is deemed to have been arranged if the customer has made a binding request for and booked a training course or seminar in the Marketplace.
The same applies if the customer has contacted the Provider via a contact form and has subsequently made a binding booking for a training course or seminar.
During the contractual period, the Provider shall commission the Broker with all examinations in the contractual scheme (all posted training courses) which are carried out in the contractual area, insofar as fulfillment by the Broker is possible and the examination acceptance can be provided.
It is expressly agreed that the Broker can be withdrawn free of charge at the least five working days before a respective examination (this only applies to the examination, otherwise the withdrawal and revocation regulations from § 4 apply).
§ 8 Invoicing of the training courses or seminars arranged
Invoicing to the buyer shall in all cases be carried out by the Provider itself.
§ 9 Assignment
The Provider may not assign or transfer any rights or obligations it has under this Agreement without prior consent. Subject to the foregoing provisions, this Agreement shall be binding on successors and permitted assigns.
§ 10 Contract term
The validity of the contract begins with the completed registration via the website for a seller account and the acceptance of the terms of use and ends with termination.
§ 11 Termination of the brokerage
(1) Ordinary termination is possible at any time with a notice period of 4 weeks.
(2) This does not affect the right of extraordinary termination for good cause with immediate effect. In particular, a breach of the essential obligations of this contract shall be considered good cause.
(3) Training courses and seminars that have already been discontinued will be displayed in the marketplace within the notice period and then canceled. Training courses or seminars that have already been booked must also be displayed in the marketplace until they have been carried out.
§ 12 Electronic communication, written form
The Broker will communicate electronically with the training and seminar Provider in various ways, 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 the Provider and agrees that all consents, notifications, publications and other communications received electronically shall be in writing, unless mandatory statutory provisions require a different form of communication.
§ 13 Liability
(1) The Broker shall not be liable for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations or guarantees or damages resulting from injury to life, body or health or claims under the Product Liability Act.
(2) Insofar as the Broker is also liable for slight negligence, the amount of liability shall be limited to foreseeable damages typical for the contract.
(3) Insofar as the liability of the Broker is excluded or limited, this shall also apply to the liability of legal representatives, employees and vicarious agents of the Broker.
(4) The Broker is not liable for the functionality of data networks, servers or data lines to its computer center and the constant availability of its online store or marketplace.
(5) The Broker is not liable for the availability and functionality of the service commissioned for online services.
§ 14 Copyright and trademark law
(1) The copyright for published objects created by the Broker himself remains solely with the agent. Reproduction 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 the agent.
(2) All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by third-party rights.
§ 15 Independent contractors
Nothing in this Agreement shall be construed as constituting or creating a joint venture, employment, fiduciary, partnership or other fiduciary relationship between the Broker and the training and seminar Provider. Further, neither party is an agent or representative of the other party by virtue of this Agreement. Neither party is authorized and shall not attempt to create or assume any duty or liability, express or implied, on behalf of the other party or otherwise for the other party.
B) Final clauses
§1 Reservation of right of amendment
The training and seminar Provider reserves the right to amend these Terms of Use for good cause, due to changes in the law, changes in jurisdiction or changes in economic circumstances. Should this be the case, the Broker will inform the training and seminar Provider of this separately.
§2 No waiver
If the training and seminar Provider breaches these terms and conditions of use and the Broker does not take any action against this, the Broker is still entitled to exercise its rights on any other occasion on which the Provider violates these Terms of Use.
§3 Choice of law, miscellaneous
(1) Additional or deviating agreements, amendments and supplements to these conditions must be made in writing. If one or more provisions of these General Terms and Conditions are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible in economic and legal terms to what the parties intended with the original provision. This shall also apply to any contractual loopholes.
(2) The law of Massachusetts, USA shall apply. The applicability of mandatory standards of the state in which the customer has his habitual residence at the time of conclusion of the contract shall not be affected by this choice of law.
(3) In the event of doubts as to interpretation, the German version of the Terms of Use shall apply exclusively.
(4) The UN Convention on Contracts for the International Sale of Goods is excluded.
(5) Otherwise, the general terms and conditions of the intermediary shall apply.