1. General Provisions

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1.1 Scope of Application

These General Terms and Conditions apply in the version valid at the time of contract conclusion between us (ARQ Solutions GmbH, Thalerstrasse 12, 9410 Heiden, Swiss Confederation, represented by its Managing Director: Stephan Christmann) and you with respect to the training services offered by us. Should you use conflicting General Terms and Conditions, these are hereby expressly rejected.

 

1.2 Contractual Agreement

The contractual language is German. To the extent that contract texts are made available in other languages, this is exclusively for informational purposes. In case of interpretational questions between different language versions of these General Terms and Conditions, the German version shall prevail.

 

"Clients" are individuals or companies that have concluded a contract with us regarding a training service.

 

"Participants" are individuals who attend the corresponding courses.

 

The Client and Participant may be the same person. Furthermore, there is the possibility that Clients may register multiple Participants for our training services.

 

1.3 Registration

 

1.3.1 Registration with Email Address

To use the full scope of our website, it is initially possible to create an account. This requires providing the data necessary for us to provide our services. The inputs are confirmed by clicking the "Register" button. You will then receive a confirmation email with the information required for login. The registration is only completed once you have logged into our website for the first time using this information. By registering, you enter into a free user agreement with us.

 

1.3.2 Registration with Facebook Account

You can also register through your existing Facebook account. For this purpose, click on the "Sign up with Facebook" button. This will redirect you to www.facebook.com (operated by Meta Platforms Ireland Ltd., Merrion Road, Dublin 4, D04 X2K5, Ireland). There, you enter your Facebook account data and click on "Login." Facebook's privacy policy and terms of use apply to the use of Facebook services. Here, too, you enter into a free user agreement with us through registration.

 

1.3.3 Registration with Google Account

Alternatively, you can also register through your existing Google account. For this purpose, click on the "Sign up with Google" button. This will redirect you to www.accounts.google.com (operated by Google Ireland Ltd. Gordon House, Barrow Street, Dublin 4, Ireland). There, you enter your Google account data and click on "Login." Google's privacy policy and terms of use apply to the use of Google services.

 

1.3.4 Password

The password that allows you access to your personal area must be kept strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. An account cannot be transferred to other users/customers or any third parties. We are not liable for damages resulting from the misuse of the password.

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1.4 Contract Formation

 

1.4.1 Through Our Website

When ordering through this website, the booking process consists of a total of four steps. In the first step, you select the desired service. In the second step, you select the option "Proceed to Checkout" in the shopping cart. In the third step, you can enter your customer account data or choose the option "Do not create a customer account" and enter your data including billing address, if this is not already stored in your customer account, and then select a payment method.

 

In the fourth step, you have the opportunity to review all information (e.g., name, address, payment method, desired service) and correct any input errors before confirming your order by clicking the "Order with Obligation to Pay" button. With the order, you are making a binding contract offer. We will immediately confirm receipt of your order. This confirmation of receipt does not yet constitute a binding acceptance of your order. We are entitled to bindingly accept the contract offer contained in your order within two days after receipt of the order via email, fax, telephone, or mail. The contract is formed upon acceptance.

 

The contract text will be stored by us and sent to you in text form (e.g., email, fax, or mail) after you submit your order, along with these General Terms and Conditions and customer information. However, after submitting your order, you can no longer access the contract text through the website. You can print out the relevant website with the contract text using your browser's print function.

 

1.4.2 Individual Contract Formation

Contract formation can also occur individually through offer and acceptance. Unless otherwise agreed, the usual process is that you submit an inquiry to us, upon which you receive a binding offer from us, which you can then accept within two weeks. The contract is formed upon acceptance. There is no separate storage of the contract text by us; rather, the content of the contract is determined individually from the agreement made.

 

1.5 Subsequent Amendment of the General Terms and Conditions

We are entitled to subsequently adapt and supplement the General Terms and Conditions for existing business relationships to the extent that changes in legislation or jurisprudence require it or other circumstances lead to a not insignificant disruption in the contractual equivalence relationship. For intended changes, we will inform you at least six weeks before the intended effective date in text form (e.g., via email). In this notification, we will expressly draw your attention to the planned changes and give you the opportunity to either consent to or reject these changes.

 

For material changes to the contractual terms, your express consent is required. In this case, we will separately inform you of the necessity of your express consent and give you the opportunity to provide it within the specified period.

 

For non-material changes, your silence is considered consent if you do not object within the specified period. We will separately inform you of this legal consequence in our notification.

If you do not give your express consent to material changes or if you timely object to non-material changes, both we and you can terminate the contractual relationship extraordinarily, unless we choose to continue the contractual relationship under the old General Terms and Conditions.

 

 

2. Service Description

 

2.1 General

We offer you certified training services from international training providers as well as non-certified training services individually tailored to your needs on various IT topics and software products. For the specific design and detailed scope of the training services offered by us, please refer to the currently valid descriptions on our website or the underlying offer.

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2.2 Service Provision

We are entitled to have the contract or parts of the contract performed by third parties.

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2.3 Service Time

We generally provide our services at the agreed-upon times.

 

Before service provision, all questions relevant to the order must be clarified between the contracting parties. If the prerequisites are not met, the service time will be extended accordingly.

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2.4 Service Delays

Service delays due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented even with utmost care on our part and for which we are not responsible (this includes in particular strikes, official or judicial orders, e.g., in case of pandemics, and cases of incorrect or improper self-supply despite corresponding coverage transactions) entitle us to postpone the service for the duration of the hindering event.

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2.5 Right of Cancellation if Minimum Number of Participants is Not Reached

We reserve the right to cancel the contract if the training-type-dependent minimum number of participants is not reached. This right of cancellation may be exercised up to seven calendar days before the first day of training. If the right of cancellation is exercised, any training fees already paid will be refunded in full, unless an alternative date is agreed upon between us and the client.

 

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3. Payment

 

3.1 Prices

Since at the beginning of the booking process, it cannot be distinguished for technical reasons whether the orderer is a private consumer (B2C) or a company (B2B), all prices stated on our website include the statutory value-added tax (VAT).

 

In the further course of the ordering process, the calculation and display of the value-added tax takes place taking into account the respective customer type as well as the relevant tax law requirements.

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3.2 Default of Payment

You will automatically be in default if payment is not received by us within 14 days after receipt of the invoice. From this point on, we reserve the right to charge default interest of 5% per year on the outstanding amount. For each necessary reminder, we also reserve the right to charge you reminder fees in the amount of CHF 5.00. The assertion of further damages remains reserved. You have the right to prove that no or lesser damage has occurred to us.

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3.3 Right of Retention

You may only assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

 

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4. Cancellation and Rebooking

 

4.1 Cancellation Terms

Contracts can be canceled by the client at any time without giving reasons in text form (e.g., via email). This will incur cancellation costs, which are calculated according to the time of cancellation as follows:

 

• up to 28 calendar days before the start of training: 15% of the training price

• 27 to 14 calendar days before the start of training: 50% of the training price

• 13 to 8 calendar days before the start of training: 80% of the training price

• on the day of training up to the 7th calendar day before the start of training: 100% of the training price

• in case of a no-show: 100% of the training price

 

Subsequent cancellation is not possible.

 

The client retains the possibility to prove that no or lesser damage has occurred to us.

 

Any right of withdrawal that may exist for consumers is not affected by the cancellation terms set out under this clause.

 

4.2 Substitute Participants

We generally accept substitute participants. For this, the client will be charged a processing fee of CHF 100.00 per substitute participant.

 

A change to a substitute participant must be requested by the client in text form (e.g., via email) and is only possible up to 3 business days before the start of training.

 

4.3 Changing to Another Training Date

A change to another training date can only be requested from us in text form. For this purpose, the client must send a change request by email to us, stating the booking and invoice number. We will then examine the request regarding its feasibility. However, it is pointed out as a precautionary measure that the advertised minimum number of participants for the booked training offer must be reached. If the minimum number of participants is not reached, the training measure will be canceled.

 

There is no entitlement to a change to a specific training date desired by the client.

 

 

5. Withdrawal policy for Consumers in Distance Contracts

 

Withdrawal policy

 

Right of Withdrawal

 

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of contract conclusion. To exercise your right of withdrawal, you must inform us (ARQ Solutions GmbH, Thalerstrasse 12, 9410 Heiden, Swiss Confederation, Telephone: 0041 7822 65438, Email: info@arq-solutions.ch) by means of a clear declaration (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

 

Consequences of Withdrawal

 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount that is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

 

End of Withdrawal policy

 

Special Information on Premature Expiration of the Right of Withdrawal

Your right of withdrawal expires prematurely if we have completely performed the service and only began with the performance of the service after you have given your express consent thereto and have confirmed your knowledge that you lose your right of withdrawal upon complete performance of the contract by us.

 

Non-Existence of a Right of Withdrawal

Please note that in the case of contracts for the provision of services related to leisure activities, there is no right of withdrawal if the contract provides for a specific date or period for the provision.

 

 

6. Your Responsibility

 

6.1 General

You are solely responsible for the content and accuracy of the data and information transmitted by you. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By transferring data to us, you confirm that you have complied with copyright provisions.

 

6.2 Indemnification

You shall indemnify us against all claims made against us by third parties due to such infringements. This includes reimbursement of costs necessary for legal representation.

 

6.3 Data Security

You are jointly responsible for securing the transmitted information. We cannot be held responsible for the loss of information transmitted by you, as we do not assume any general data backup guarantee.

 

6.4 Obligation to Cooperate

Clients and participants are obliged to provide the necessary cooperation services for the contract so that we can perform the contractual service. In particular, in the context of self-reliance, as a participant, you have to ensure that you internalize the conveyed content in order to achieve the desired learning success. As a client, you must, if applicable, ensure that the participants registered by you for the training internalize the conveyed content in order to achieve the desired learning success. We merely provide you with our content and our knowledge but do not owe any specific success such as the successful completion of a training.

 

6.5 IT Infrastructure

You are responsible for setting up and maintaining the IT infrastructure relevant to your course. In particular, you must ensure a functional internet connection.

 

6.6 No-Show or Illness

If a participant is unable to attend a unit (e.g., due to illness or scheduling conflicts), the fee already incurred cannot be refunded to the client. Deviating arrangements can be made in consultation with us. The right of withdrawal is not affected by this.

 

6.7 Minors

Minors require the permission of their legal representative to participate in our services.

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6.8 Behavior

Recording or taping during the training sessions is not permitted and may lead to exclusion from the units. The consumption of drugs or alcohol is also not permitted. If we recognize that a participant shows signs of impairment or the like, we can exclude them from further participation in our training courses or individual services. We also reserve the right to exclude participants who endanger the well-being of other persons and us (e.g., through aggressive behavior). Fees already paid cannot be refunded in the cases mentioned.

In addition, abusive content or contributions in the context of online training will be deactivated or deleted by us without prior notice. Such content designs are given, for example, in the following cases:

 

• Sending spam,

• Sending and storing offensive, obscene, threatening, insulting, or otherwise content that violates the rights of third parties,

• Sending and storing viruses, worms, trojans, and harmful computer codes, files, scripts, agents or programs,

• Uploading programs that are suitable to disrupt, impair or prevent operation,

• Attempt to gain unauthorized access to our service or to individual modules, systems or applications or to grant this to third parties,

• Content with glorifying violence, pornographic or otherwise offensive or criminal content.

 

In this regard, too, we reserve the right to exclude the respective participant from further participation in training courses in case of recurring violations. Payments already made cannot be refunded in this case. The right to extraordinary termination remains unaffected by this.

 

6.9 Proof of Identity

As part of the registration for training courses and when taking exams, we reserve the right to verify the identity of the participants. For this purpose, the respective participant needs a valid proof of identity with a photo (e.g., ID card, passport, driver's license, etc.).

 

To carry out the verification in the context of online training, we ask participants to hold the proof of identity clearly in front of the webcam when requested by the training management. No image recordings are made or other data contained in the document is stored, but only noted that the identity of the participant has been verified.

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6.10 Transmission of Personal Data

As a client, you must ensure that the consent of the participants registered by you for the courses regarding the transmission of the corresponding personal data to us is available, as far as this is necessary, and that the participants are informed about their respective rights.

 

If corresponding consent of the respective participant is available, we will also inform the client about the progress and performance achieved in the course.

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6.11 Client's Training Room

If a training offered by us is to take place in training rooms of the client, the client must grant us access to the respective premises at the agreed time. The client must also ensure that sufficient power supply and lighting are available at the service location. We are not responsible for delays based on a lack of cooperation from the client.

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6.12 Special Notice

We are not liable for improper application and/or implementation of recommendations contained in the training courses or in the provided materials unless we are responsible for this. The clients must inform themselves in advance whether the recommended actions are suitable for them or whether they involve additional risks. We only provide the client/participant with the training service. The handling and implementation are solely their responsibility.

 

 

7. License Conditions for Training

 

7.1 Copyright

The content and structure of the training courses organized by us and the related materials including all authorized copies are our intellectual property.

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7.2 Granting of License

Upon payment of the participation fee, we transfer to you all usage rights to documents necessary for you to the extent agreed in the contract and required for the respective training. In case of doubt, we fulfill this obligation by granting non-exclusive rights of use in the territory of the Swiss Confederation for the duration of the service. The license grant generally expires at the end of the contract. However, with respect to copies provided to you for your own use, the right of use continues beyond the end of the contract.

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7.3 License Conditions

Any use beyond this requires our consent. In particular, the materials may neither be passed on to third parties (sublicensing or distribution) nor may they be copied, reproduced or stored on data carriers or other media. Similarly, it is prohibited without express, written permission to use the content, texts and exercises for own purposes in seminars, courses or otherwise towards third parties.

 

7.4 Compensation

We reserve the right to claim compensation for any breach of the contractual license conditions, in particular in case of copyright infringement.

 

 

8. Term Contracts

 

8.1 Term and Termination

Our contracts with minimum contract terms automatically end at the respective end of the term. No termination is necessary. After the expiration of the contract term, use of the corresponding content and/or services is no longer possible.

 

8.2 Termination Without Notice

The right to termination without notice for good cause remains unaffected. Good cause exists in particular if:

 

• you provided incorrect or incomplete information at the time of contract conclusion,

• you repeatedly violate other contractual obligations and do not cease the breach even after being requested to do so by us.

 

 

9. Usability of Online Training

 

9.1 Further Development of the Service / Availability

We strive to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, provided that such changes do not affect the core services and are reasonable for the contracting partner, taking into account the interests of the contracting partner. We are also entitled to interrupt the website operation partially or completely to a reasonable extent for the purposes of updating and maintenance. We do not assume any guarantee for the constant availability of the offered services and do not guarantee that the offered services or parts thereof can be made available and used from any location. This does not affect your warranty rights.

 

You have no claim to further development of our services unless these are necessary updates that are required for proper functionality.

 

9.2 Reasonable Operational Interruptions

We do not assume any liability for reasonable operational interruptions that are necessary to remedy malfunctions, for maintenance work, for the introduction of new technologies, or similar purposes.

 

9.3 Technical Requirements

The use of the website and the use of the services offered by us presuppose appropriate compatible devices (e.g., access possibility and trouble-free operation of the "Zoom" service). It is your responsibility to put or keep the device in a condition that enables the use of the website services.

 

 

10. Warranty

The statutory warranty rights apply.

 

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11. Liability

 

11.1 Limitation of Liability

We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (thus those obligations whose observance is of particular importance for the achievement of the contract purpose) are concerned, liability is also assumed for slight negligence. In this case, liability is limited to the foreseeable, contract-typical damage. Towards entrepreneurs, in the case of a grossly negligent breach of non-essential contractual obligations, we are only liable for the foreseeable, contract-typical damage.

 

11.2 Liability Reservation

The above exclusion of liability does not affect liability for damages resulting from injury to life, body, or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.

 

11.3 Data Backup

As part of our service provision, we carry out effective data backups, but we do not assume any general data backup guarantee for the data transmitted by you. You are also responsible for creating adequate backups of your data at regular intervals and thus preventing data loss. We exercise appropriate care in providing the agreed service and will provide the data backup with the required expertise. However, we do not guarantee that the stored content or data that you access will not be accidentally damaged or falsified, lost, or partially removed.

 

 

12. Final Provisions

 

12.1 Jurisdiction

Our business headquarters is agreed upon as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided you are a merchant, a legal entity under public law, or a special fund under public law.

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12.2 Choice of Law

Unless mandatory statutory provisions under your home country law conflict, Swiss law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

 

12.3 Consumer Dispute Resolution Procedure

The internet platform established by the EU Commission for consumers residing in the EU, Norway, Iceland or Liechtenstein for the online settlement of disputes concerning contractual obligations from online contracts (OS platform, accessible at: https://ec.europa.eu/consumers/odr/) will no longer accept new complaints as of March 20, 2025, and will be completely discontinued as of July 20, 2025. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

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12.4 Severability Clause

The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.