1. general information

 

1.1 Scope of application

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

 

1.2 Contractual agreement

The contract language is German. Insofar as contractual texts are provided in other languages, this is for information purposes only. In the event of questions of interpretation between the different language versions of these General Terms and Conditions, the version in German shall prevail.

 

"Clients" are persons or companies who have concluded a contract with us for training.

 

"Participants" are those persons who take part in the relevant courses.

 

The client and participant may be one and the same person. It is also possible for clients to register several participants for our training courses.

 

1.3 Registration

 

1.3.1 Registration with e-mail address

To use the full scope of our website, it is first possible to create an account. The data required for the provision of services by us will be requested. The entries are confirmed by clicking on the "Register" button. You will then receive a confirmation e-mail with the details required for login. Registration is not complete until you have logged in to our website for the first time with these details. By registering, you enter into a free user contract with us.

 

1.3.2 Registration with a Facebook account

You can also register via your existing Facebook account. To do this, 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 details and click on "Log in". Facebook's privacy policy and terms of use apply to the use of Facebook services. By registering, you also enter into a free user agreement with us.

 

1.3.3 Registration with a Google account

Alternatively, you can also register via your existing Google account. To do this, click on the "Sign up withGoogle" 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 details and click on "Sign in". Google's privacy policy and terms of use apply to the use of Google services.

 

1.3.4 Password

The password that gives you access to your personal area must be treated as strictly confidential and may not be passed on to third parties under any circumstances. You shall take suitable and appropriate measures to prevent third parties from gaining knowledge of your password. An account cannot be transferred to other users/customers or other third parties. We are not liable for any damage caused by misuse of the password.

 

1.4 Conclusion of contract

 

1.4.1 About our website

When placing an order via 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, select the "Proceed to checkout" option in the shopping basket. In the third step, you can enter your customer account details or select the option "Do not create a customer account" and enter your details, including your 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 check all the details (e.g. name, address, payment method, desired service) once again and correct any input errors before confirming your order by clicking on the "Order with obligation to pay" button. By placing an order, you make a binding offer to enter into a contract. We will confirm receipt of the order immediately. This confirmation of receipt does not constitute a binding acceptance of your order. We are authorised to bindingly accept the contractual offer contained in your order within two days of receipt of the order by e-mail, fax, telephone or post. The contract is concluded upon acceptance.

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The text of the contract will be saved by us and sent to you in text form (e.g. by e-mail, fax or post) after your order has been sent, together with these General Terms and Conditions and customer information. However, you will no longer be able to retrieve the text of the contract via the website once you have sent your order. You can use the browser's print function to print out the relevant website with the text of the contract.

 

1.4.2 Individual contract conclusion

The contract can also be concluded individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an enquiry and then receive a binding offer from us, which you can then accept within two weeks. The contract is concluded upon acceptance. A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the agreement made.

 

1.5 Subsequent amendment of the terms and conditions

We are authorised to subsequently amend and supplement the General Terms and Conditions in relation to existing business relationships insofar as changes in legislation or case law require this or other circumstances lead to the contractual equivalence relationship being not only insignificantly disturbed. We will inform you in text form (e.g. by e-mail) of any intended changes at least six weeks before they are due to take effect. In this notification, we will expressly draw your attention to the planned changes and give you the opportunity to approve or reject these changes.

 

Your express consent is required for significant changes to the contractual conditions. In this case, we will inform you separately of the need for your express consent and give you the opportunity to give it within the specified period.

 

In the case of insignificant changes, your silence shall be deemed to be consent if you do not object within the specified period. We will draw your attention to this legal consequence separately in our notification.

 

If you do not give your express consent to significant changes or if you object to insignificant changes in due time, both we and you may terminate the contractual relationship without notice, unless we continue the contractual relationship under the old General Terms and Conditions.

 

 

2. service description

 

2.1 General

We offer certified training courses from international training providers as well as non-certified training courses tailored to your individual needs on various IT topics and software products. Please refer to the respective valid descriptions on our website or the underlying offer for the specific design and detailed scope of the training services we offer.

 

2.2 Provision of services

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

 

2.3 Performance time

We always provide our services on the agreed dates.

 

All issues relevant to the order must be clarified between the contracting parties prior to performance. If the requirements are not met, the performance period shall be extended accordingly.

 

2.4 Performance delays

Delays in performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even with the utmost care and for which we are not responsible (these include in particular strikes, official or court orders, e.g. in the event of pandemics, and cases of incorrect or improper self-supply despite a covering transaction to this effect) shall entitle us to postpone performance for the duration of the impeding event.

 

2.5 Reservation of cancellation if the minimum number of participants is not reached

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

 

 

3. payment

 

3.1 Prices

Since, due to technical reasons, it cannot be determined at the beginning of the booking process whether the purchaser is a private consumer (B2C) or a business customer (B2B), all prices listed on our website include the applicable Value Added Tax (VAT).

During the subsequent stages of the ordering process, VAT is calculated and displayed according to the customer type and relevant tax regulations.

 

3.2 Default in payment

You are automatically in default if payment is not received by us within 14 days of receipt of the invoice. From this point in time, we reserve the right to charge default interest of 5% per annum on the outstanding amount. We also reserve the right to charge you a reminder fee of CHF 5.00 for each reminder required. We reserve the right to claim further damages. You have the right to prove that we have incurred no or less damage.

 

3.3 Right of retention

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

 

 

4. cancellation and rebooking

 

4.1 Cancellation conditions

Contracts can be cancelled at any time in text form (e.g. by e-mail) without giving reasons. Cancellation costs are incurred for this, which are calculated as follows according to the time of cancellation:

 

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

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

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

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

• in case of non-attendance: 100 % of the training price

 

Subsequent cancellation is not possible.

 

The client has the option of proving that we have incurred no or less damage.

 

Any existing right of cancellation for consumers is not affected by the cancellation conditions set out in this section.

 

4.2 Substitute participants

We generally accept substitute participants. The client will be charged a processing fee of CHF 100.00 per replacement participant.

 

A rebooking to a substitute participant is only possible in text form (e.g. by e-mail) by the client up to 3 working days before the start of the course.

 

4.3 Rebooking to another training date

A rebooking to another training date can only be requested in text form at uns . The client must send us a rebooking request by e-mail, stating the booking and invoice number. We will then check the feasibility of the request. As a precautionary measure, however, we would like to point out that the minimum number of participants for the booked training programme must be reached. If the minimum number of participants is not reached, the training course will be cancelled.

 

There is no entitlement to a rebooking to a specific training date requested by the client.

 

 

5. cancellation policy for consumers in distance selling contracts

 

Cancellation policy

 

Right of cancellation

 

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

 

The cancellation period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us (ARQ Solutions GmbH, Thalerstrasse 12, 9410 Heiden, Swiss Confederation, Phone: 0041 7822 65438, Email: info@arq-solutions.ch) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, but this is not mandatory.

 

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

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Consequences of cancellation

 

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 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

 

If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

 

- End of the cancellation policy -

 

Special notes on the premature expiry of the right of cancellation

Your right of cancellation shall expire prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent and you have simultaneously confirmed your knowledge that you will lose your right of cancellation upon complete fulfilment of the contract by us.

 

Non-existence of a right of cancellation

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

 

 

6. Your responsibility

 

6.1 General information

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

 

6.2 Exemption

You shall indemnify us against all claims asserted against us by third parties due to such violations. This also includes the reimbursement of the costs of necessary legal representation.

 

6.3 Data backup

You are jointly responsible for backing up the information you send us. We cannot be held responsible for the loss of your transmitted information, as we do not provide a general data backup guarantee.

 

6.4 Duty to co-operate

Clients and participants are obliged to provide the cooperation required for the contract so that we can fulfil the contractual service. Particularly in the context of self-employment, you as a participant must ensure that you internalise the content taught in order to achieve the desired learning success. As the client, you are responsible for ensuring that the participants you have registered for the training internalise the content imparted in order to achieve the desired learning success. We merely provide you with our content and our knowledge, but do not owe you any specific success, e.g. the successful completion of a training course.

 

6.5 IT infrastructure

You are responsible for setting up and maintaining the IT infrastructure relating to your course.

yourself. In particular, you must ensure that you have a functioning Internet connection.

 

6.6 Non-attendance or illness

If a participant is unable to attend a session (e.g. due to illness or overlapping dates), the client cannot be refunded the fee already paid. Other arrangements can be made in consultation with us. This does not affect the right of cancellation.

 

6.7 Minors

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

 

6.8 Behaviour

Recording or taping during the training sessions is not permitted and may lead to exclusion from the sessions. The consumption of drugs or alcohol is also not permitted. Should we recognise that a participant is showing signs of impairment or similar, we may 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 people and us (e.g. through aggressive behaviour). Fees already paid cannot be refunded in the aforementioned cases.

 

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

 

• Sending spam,

 

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

 

• Sending and storing viruses, worms, Trojans and malicious computer codes, files, scripts, agents or programmes,

 

• Uploading programmes that are likely to disrupt, impair or prevent operation,

 

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

 

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

 

In this respect, we also reserve the right to exclude the respective participant from further participation in training courses in the event of recurring offences. In this case, payments already made cannot be refunded. The right to extraordinary cancellation remains unaffected by this.

 

6.9 Proof of identity

We reserve the right to check the identity of participants when they register for training courses and take examinations. For this purpose, the respective participant requires a valid proof of identity with a photo (e.g. identity card, passport, driving licence or similar).

 

In order to provide proof of identity during online training courses, we would ask participants to hold the proof of identity legibly in front of the webcam when requested to do so by the training organiser. No images will be taken or other data contained in the document will be stored, but only a note will be made that the participant's identity has been verified.

 

6.10 Transmission of personal data

As a client, you must ensure that the participants you have registered for the courses have given their consent to the transfer of the relevant personal data to us, insofar as this is necessary, and that the participants are informed of their rights in this regard.

 

Insofar as the respective participant has given their consent, we will also inform the client of the following

on the progress and performance achieved in the course.

 

6.11 Training room of the client

If a training course offered by us is to take place in the client's training rooms, the client must grant us access to the respective premises at the agreed time. The client must also ensure that there is an adequate power supply and lighting at the place of performance. We are not responsible for delays caused by a lack of co-operation on the part of the client.

 

6.12 Special note

We are not liable for the improper application and/or implementation of the recommendations contained in the training courses or in the documents provided, unless we are responsible for this. The client must inform himself in advance as to whether the proposed actions are suitable for him or whether they involve further risks. We only provide the client / participant with the training service. The handling and implementation is the sole responsibility of the client.

 

 

7 Licence conditions for training courses

 

7.1 Copyright

The content and structure of the training courses organised by us and the related documents, including all authorised copies, are our intellectual property.

 

7.2 Licence issue

Upon payment of the participation fee, we transfer to you all rights of use to documents required for you to the extent agreed in the contract and required for the respective training course. In case of doubt, we fulfil this obligation by granting non-exclusive rights of use in the territory of the Swiss Confederation for the duration of the service. The grant of licence expires at the end of the contract. However, with regard to the copies provided to you for your own use, the right of use shall continue to exist beyond the end of the contract.

 

7.3 Licence conditions

Any use beyond this requires our consent. In particular, the materials may not be passed on to third parties (sub-licensing or distribution), nor may they be copied, reproduced or stored on data carriers or other media. It is also prohibited to use the content, texts and exercises for your own purposes in seminars, courses or otherwise for third parties without express written authorisation.

 

7.4 Compensation for damages

We reserve the right to claim damages for any breach of the contractual licence conditions, in particular in the event of a breach of copyright.

 

 

8. term contracts

 

8.1 Term and cancellation

Our contracts with minimum contract terms end automatically at the end of the respective term. Cancellation is not necessary. Once the contract term has expired, it is no longer possible to use the corresponding content and/or services.

 

8.2 Termination without notice

The right to terminate the contract without notice for good cause remains unaffected. Good cause shall be deemed to exist in particular if

 

• you have provided incorrect or incomplete information when concluding the contract,
   

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

 

 

9. usability of the online training courses

 

9.1 Further development of the service / availability

We endeavour to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not impair the core services and are reasonable for the contractual partner, taking into account their interests. We are also entitled to interrupt website operation partially or completely for the purposes of updating and maintenance within reasonable limits. In this respect, we do not guarantee the availability of the services offered at all times and do not guarantee that the services offered or parts thereof will be made available and can be used from any location. This does not affect your warranty rights.

 

You are not entitled to any further development of our services, unless these are necessary updates that are required for proper functionality.

 

9.2 Reasonable business interruptions

We accept no liability for reasonable interruptions to operations that are necessary to rectify faults, for maintenance work, to introduce new technologies or for similar purposes

 

9.3 Technical requirements

The use of the website and the utilisation of the services offered by us requires corresponding compatible devices (e.g. accessibility and trouble-free operation of the "Zoom" service). It is your responsibility to set or maintain the device in a condition that enables the use of the website services.

 

 

10. warranty

 

The statutory warranty rights apply.

 

 

11. liability

 

11.1 Exclusion of liability

We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose fulfilment is of particular importance for achieving the purpose of the contract) are affected, liability shall also be assumed for slight negligence. Liability shall be limited to the foreseeable damage typical of the contract. In the event of a grossly negligent breach of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable damage typical for the contract.

 

11.2 Reservation of liability

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

 

11.3 Data backup

We carry out effective data backups as part of the service provision, but do not provide a general data backup guarantee for the data you transmit. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We will take reasonable care in providing the agreed service and will provide the data backup with the necessary expertise. However, we do not guarantee that the stored content or data you access will not be accidentally damaged or falsified, lost or partially removed.

 

 

12. final provisions

 

12.1 Place of jurisdiction

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

 

12.2 Choice of law

Insofar as there are no mandatory statutory provisions to the contrary under your national law, Swiss law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

12.3 Consumer dispute resolution procedure

​The internet platform set up by the EU Commission for consumers resident in the EU, Norway, Iceland or Liechtenstein for the online settlement of disputes concerning contractual obligations arising from online contracts (ODR platform, available at: https://ec.europa.eu/consumers/odr/) has not accepted any new complaints since 20 March 2025 and will be completely discontinued on 20 July 2025. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

12.4 Severability clause

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