Programs & training

These terms apply to multi-part programs and training: the Scientific Trainer Program, the AI Practitioner Program and the Senior Scientific Masterclass. Separate terms apply to individual seminars, to software licenses and to consulting services.

§ 1 Scope, provider

(1) These terms apply to contracts for the programs and training named above between Dr. rer. medic. Franz Hütter, M.A. / BRAIN-HR, Am Schlagbaum 1, 58285 Gevelsberg (hereinafter the „Provider") and the participant or the booking company.

(2) The offerings are directed at businesses (§ 14 BGB) and at consumers (§ 13 BGB). Deviations in favour of consumers are expressly marked. If a company books participation for another person, it is deemed the customer; the participating person is the beneficiary.

§ 2 Subject of the service

(1) The Scientific Trainer Program and the AI Practitioner Program are time-limited programs with a fixed start and end. Content, number of learning units, dates and format result from the respective program description on the website.

(2) The Senior Scientific Masterclass is a mentoring program designed to run over three program years. The scope per program year (e.g. one-to-one mentoring and group units) results from the program description.

(3) Where technical prerequisites are required for participation (an internet-capable device, a current browser, camera/microphone where applicable), providing these is the participant's responsibility.

§ 3 Registration and conclusion of contract

(1) The presentation on the website is not a binding offer but an invitation to register.

(2) With the registration, the customer submits a binding offer. The contract is concluded upon the Provider's registration confirmation in text form. The number of participants per run may be limited; admission is in the order of registrations.

§ 4 Prices, payment, instalments

(1) The prices stated at the time of registration apply. All prices are net plus statutory VAT; the gross amount is shown.

(2) Payment is made by invoice or via PayPal, due within 14 days of invoicing unless otherwise agreed. For programs, payment is generally due before the start.

(3) Instalments. For the Scientific Trainer and the AI Practitioner Program, payment in instalments can be arranged on request. With instalment payment, the total fee increases by a processing surcharge, which is shown during the order process or in the instalment agreement. If the customer defaults on an instalment, the Provider may make the remaining total amount due.

(4) Masterclass. The fee for the Senior Scientific Masterclass is charged per program year and is due at the start of the respective program year. Advance payment of the entire program is possible under the stated conditions.

§ 5 Withdrawal before the start, cancellation after the start

(1) The customer may withdraw before the start of the program or the program year. Unless otherwise agreed, the following applies:

• up to 30 days before the start: free of charge;
• thereafter, up to 14 days before the start: 50% of the fee;
• thereafter or in case of non-attendance: 100% of the fee.

(2) Withdrawal must be in text form; what is decisive is receipt by the Provider.

(3) After the start of the program or the program year, a refund is excluded; the fee remains due in full. The right to extraordinary termination for good cause remains unaffected for both parties.

(4) Instead of withdrawing, the customer may name a suitable replacement person, provided that person meets any participation prerequisites.

§ 6 Program years of the Masterclass

(1) The Masterclass is designed to run over three program years. The current program year is the one bindingly booked; after it starts there is no claim to a refund (§ 5(3) applies accordingly).

(2) Continuation into the respective following program year takes place by express confirmation of both parties. There is no automatic extension; if the participant does not continue, the program ends for them at the end of the paid program year.

§ 7 Cancellation, rescheduling and changes by the Provider

(1) The Provider may cancel, reschedule or replace with equivalent units a program or individual units for good cause (e.g. illness of the presenters, force majeure, insufficient number of participants). The Provider informs without delay.

(2) If a run is cancelled in its entirety, fees already paid for services not rendered are refunded. Further claims are excluded, insofar as the Provider is not liable for intent or gross negligence and there is no liability under § 11.

§ 8 Certificate / proof of qualification

(1) Where a certification is provided for a program (e.g. personnel certification to ISO/IEC 17024 within the Scientific Trainer Program), its award requires regular attendance and passing the intended examination and assessment requirements (e.g. transfer concept).

(2) Certification is carried out by the respective competent body according to its requirements. Failing or not meeting the prerequisites does not affect the obligation to pay the agreed fee and does not give rise to a claim for a refund.

§ 9 Right of withdrawal for consumers

(1) Consumers have a statutory right of withdrawal of 14 days from the conclusion of the contract. The full withdrawal instructions together with the sample withdrawal form are attached as an appendix.

(2) If the program begins at the consumer's express request before the withdrawal period expires, upon withdrawal the consumer owes compensation for the value of the services already rendered up to the withdrawal (§ 357(8) BGB), provided they consented to the early commencement and confirmed their knowledge thereof. The right of withdrawal expires upon complete performance of the service (§ 356(4) BGB).

§ 10 Cooperation and rules of conduct

(1) The participant ensures the acts of cooperation required for participation (attendance, working on tasks, provision of the technical prerequisites).

(2) The Provider may exclude from individual units participants who significantly disrupt proceedings despite being warned. The claim to the fee remains unaffected.

§ 11 Rights of use in materials

Materials, recordings and documents provided are protected by copyright and are intended exclusively for the participant's personal use. Reproduction, sharing, making publicly available or recording beyond the agreed scope require the Provider's prior written consent.

§ 12 Liability

(1) The Provider is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health.

(2) In the case of simple negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation) and limited to the foreseeable damage typical of the contract.

(3) Otherwise, liability is excluded. Liability under the Product Liability Act remains unaffected.

§ 13 Final provisions

(1) German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as mandatory consumer-protection provisions of the state of residence are not restricted.

(2) If the customer is a business, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's registered office.

(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

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Appendix: withdrawal instructions for consumers

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 the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Dr. rer. medic. Franz Hütter, M.A. / BRAIN-HR, Am Schlagbaum 1, 58285 Gevelsberg, email: fh@brain-hr.com) of your decision by means of a clear statement. To meet the deadline, it is sufficient to send the notification in good time.

Consequences of withdrawal. We will refund all payments received from you without delay, at the latest within fourteen days from receipt of your withdrawal. If you have requested that the program begin during the withdrawal period, you owe a reasonable amount for the services already rendered up to the withdrawal.

Sample withdrawal form (only complete and return if you wish to withdraw): To Dr. rer. medic. Franz Hütter, M.A. / BRAIN-HR, Am Schlagbaum 1, 58285 Gevelsberg, fh@brain-hr.com — I/we hereby withdraw from the contract for the following program … — registered on … — name … — address … — date, signature (only on paper).