§ 1 Scope of Application
These General Terms and Conditions apply to all contracts between TSC Labs e.U. (hereinafter “Provider”) and the participants (hereinafter “Customer”) regarding the booking of and participation in online training courses of Learn Cloud Native.
§ 2 Conclusion of Contract
Registration for a course takes place via the contact form. The contract is concluded upon written booking confirmation (acceptance) by the Provider. The course fee is due upon receipt of the invoice. The contract text will be sent with the booking confirmation by email. The contract text is not stored by the Provider.
§ 3 Scope of Services
The Provider provides the online course within the framework of the content described in the course program, including live online sessions and individual sparring sessions. The location, date, and time of the sessions will be communicated with the booking confirmation.
The live sessions are conducted via Zoom (Zoom Video Communications, Inc.). Community access is provided via Discord (Discord, Inc.). Scheduling for information and sparring sessions is handled via SimplyMeet.me (SimplyBook Ltd.) or by email. Participants require their own accounts for these platforms and are subject to their respective terms of use and privacy policies.
§ 4 Participation Requirements
The relevant prior knowledge and technical requirements are indicated in the course descriptions. Customers are responsible for meeting the necessary requirements to be able to participate in the course. In the event of non-fulfillment of the participation requirements, the Provider reserves the right to terminate the contract and refund payments already made, minus the services rendered pro rata.
§ 5 Prices and Payment
The course fees can be found in the current course offer on the website and are understood to be final prices. Due to the small business regulation (Kleinunternehmerregelung) according to § 6 Para. 1 Z 27 UStG, no sales tax is charged and consequently not disclosed. For services provided to companies abroad, the reverse charge procedure may apply. In this case, billing is carried out net, stating the customer’s VAT ID number. Payment details will be communicated with the booking confirmation. Invoices are due within 14 days of receipt, without deduction, but no later than 1 day before the start of the course.
§ 6 Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal (14 days, without giving reasons). The training provided under these Terms is a service, not digital content. The right of withdrawal expires prematurely once the Provider has fully performed the service, provided that the Provider began performance only after the Customer had expressly requested that performance start before the end of the withdrawal period, and the Customer had acknowledged that they would lose their right of withdrawal upon full performance of the contract. If the Customer withdraws after performance has begun at the Customer’s request but before it is fully completed, the Customer owes the Provider a proportionate amount for the services already rendered, calculated against the total course fee.
§ 7 Cancellation by the Customer
Cancellations are possible free of charge up to 14 days before the start of the course. In the event of a later cancellation, the Provider reserves the right to charge a cancellation fee in the amount of 50% of the course fee. Rebooking to another course is possible in consultation with the Provider. Once the right of withdrawal under § 6 has expired — including where it expired early because the Customer requested early performance under § 6 — only the cancellation terms in this § 7 apply from that point onward.
§ 8 Cancellation by the Provider
The Provider reserves the right to cancel a course if the number of participants is too low or for other important reasons. In this case, payments already made will be refunded in full. Further claims are excluded.
§ 9 Liability
The Provider has unlimited liability in cases of intent and gross negligence. In cases of slight negligence, the Provider is only liable for the breach of essential contractual obligations. Any further liability is excluded.
§ 10 Warranty
The Provider is entitled and obliged, regardless of fault, to remedy any inaccuracies or defects in the services rendered within the scope of statutory warranty obligations. The Customer will be notified thereof without delay.
The warranty claim expires six months after the respective service has been rendered.
§ 11 Copyright
All course content (presentations, code examples, materials) is protected by copyright. Any distribution or publication without written permission from the Provider is prohibited.
§ 12 Contract Language
The contract can be concluded in German or English.
§ 13 Applicable Law
Austrian law applies. To the extent permitted by law, the place of jurisdiction is the Regional Court (Landesgericht) of St. Pölten, Austria.