General Terms and Conditions
Asigmo GmbH, Pelikangasse 3/2.14, 1090 Vienna („Asigmo“)
1. Scope
1.1 These General Terms and Conditions ("Terms and Conditions") shall apply to all services and offers of Asigmo as well as to all activities and legal transactions concerning participation in programs, courses and events between Asigmo and its contractual partners (contractors and/or consumers).
1.2 General terms and conditions and/or other conditions of the contractual partner or participant are not applicable or are contradicted. Agreements deviating from these General Terms and Conditions must be made in writing and apply only to the respective activity and legal transaction, but not to subsequent transactions.
2. Registration and contracting for programs and courses
2.1 Applications to participate in programs, courses and events are made online using the form provided on the Asigmo website. If no form is provided, applications for participation may also be made by e-mail to Asigmo. To attend a Program or use the services of Asigmo you must be over the age of eighteen (18).
2.2 No legal claim to participation arises from this application. If applicable, the application or registration will be examined according to the admission criteria of the respective program or event (e.g. completed studies, successful completion of an interview etc.). Details of the admission procedure and the number of available places can be found on the Asigmo website.
2.3 Application for participation in programs, courses and events are always considered in the order in which they are received in accordance with the number of available places and represent an offer in the legal sense. However, your application shall not be binding on Asigmo until Asigmo has sent you a confirmation of application. Asigmo reserves the right to reject applications at its sole discretion without giving reasons.
2.4 An application becomes binding for Asigmo only after the confirmation of admission ("Admission Letter") sent by Asigmo and only under the condition of payment of the admission fee according to point 3.2, which concludes the contract. Due to the application of a specific admission procedure and due to the fact that the period of the programs, courses and events is fixed in advance, the conclusion of a contract for a program or course does not constitute a distance selling transaction within the meaning of the FAGG and therefore the provisions contained therein do not apply.
3. fees, services and place of performance
3.1 Fees must be paid for participation in programs, courses and events. The fees are published on Asigmo's website and a payment plan is agreed after conclusion of the contract ("Payment Agreement").
3.2 An admission fee is due upon receipt of the confirmation of admission ("admission fee"). The admission fee must be paid within two weeks of receipt of the invoice and will be credited in full against the participation fee. The applicant is only considered to have been admitted and the contract is only legally effective once this payment has been made in due time. In the event of a later withdrawal or later cancellation or other non-appearance of the program or course, the admission fee is forfeited and will not be refunded.
3.3 Participation fees are due within 14 days after receipt of invoice or after stated maturity. The stated amount is to be transferred to the account stated on the invoice. In the event of delay, consumers will be charged delay interest and reminder fees at the statutory rate, while entrepreneurs will be charged delay interest at 9.2% above the Austrian base rate and general reminder fees of EUR 40.00. Agreements on part payments and other special conditions must be made in writing. Failure to pay the respective participation fee on time entitles Asigmo to not admit the participant to the respective event or to exclude the participant from attending the respective event. A partial attendance of a business event does not entitle to a reduction of the participation fee.
3.4 If the participants do not complete the regular time scheduled for the completion of the program or course, or if not all the services prescribed in the respective program or course are positively completed (this includes in particular unexcused absences of more than three days), the program or course is considered to be completed and the legal claim to the provision of missing services expires. In this case there will be no refund of the participation fees. If a full-time position is taken with a Hiring Partner, 50% of the course fee will be reimbursed on the condition that the full-time position lasts for at least 6 month.
3.5 Unless otherwise stated on the Asigmo website, the place of performance is Vienna, Austria. This shall also apply to programs or courses which are held online
4. Special conditions for scholarship holders
4.1 All scholarship holders commit themselves to full-time participation in the programs, courses and events. Scholarship holders are aware and agree that they will refrain from working with external recruiters during and within three months of the completion of the program or course, and undertake to interview or be available for interviews exclusively with Asigmo's Hiring Partners during and within three months of the completion of the program or course. In addition, scholarship holders agree to use their statements and testimonials about the program, course or event, and to use their photographs for marketing purposes.
4.2 Failing to uphold the conditions stated in point 4.1. will give Asigmo the right to withdraw the scholarship status and consequently the full participation fee will be invoiced.
5. rescission, termination, cancellation, changes in services
5.1 Withdrawal from a program or course can be declared in writing (registered letter or email with confirmation of reading) up to 6 weeks before the start of the respective program or course, without having to pay a participation fee - apart from the admission fee. In case of written cancellation later than 6 weeks before the beginning of the respective program or course, 60% of the total amount of the participation fee is to be paid as cancellation fee. In case of cancellation after the start of the program, the entire participation fee must be paid. Transfers of a place in the program or course to third parties are excluded.
5.2 Asigmo reserves the right to cancel a program, course or event for important reasons, especially if the minimum number of participants is not reached. If such a cancellation is made up to three weeks before the start of the program or course, the participants will not be entitled to any compensation.
5.3 Due to unforeseeable incidents (such as the illness of a trainer) it may be necessary to change the planning of events. It may also be necessary to make adjustments and short-term changes to ensure consistently high quality. Asigmo therefore reserves the right to make minor and objectively justified changes (which are reasonable for consumers) to course days, starting times, dates, venues, trainers and to cancel events. The participants will be informed of any changes / cancellations immediately and in a suitable manner. No compensation for expenses incurred and no other claims against Asigmo due to justified changes shall be derived therefrom.
6. legal right of withdrawal for consumers in distance contracts
6.1 If the participant is a consumer within the meaning of the Consumer Protection Act (KSchG) and the contract was concluded in distance selling, the following legal right of withdrawal exists according to the Distance and Foreign Trade Act (FAGG). Consumers may withdraw from a contract concluded by distance selling in writing within 14 days without giving reasons. The period begins with the day of the conclusion of the contract. In the event of a legally effective withdrawal from the contract, Asigmo shall repay all payments received within 14 days.
6.2 The legal right of withdrawal presupposes that the underlying contract was concluded in distance selling. Registration for a course, on the other hand, is preceded by a corresponding admission procedure and is for a period of time of the programs or courses that are fixed in advance, which is why a contract cannot be concluded at a distance. Correspondingly, there is no right of withdrawal for programs and courses.
7. exclusion from participation
7.1 In order to ensure the achievement of the training objectives, Asigmo can exclude participants from participation if there is an important reason. Such good cause is for example, if the participant unreasonably interferes or disturbs the course of the event or does not pay the participation fee in due time according to point 3. In this case, the legal claim to attend and complete the courses and the legal claim to reimbursement of participation fees already paid expire.
8. exclusion of liability
8.1 Asigmo shall not be liable for damage caused by slight negligence or in cases of force majeure. However, this limitation of liability shall not apply to damages resulting from injury to life, body or health of human beings or to claims under the Product Liability Act. In relation to entrepreneurs, compensation for consequential damages, loss of profit and damages from third-party claims is excluded.
8.2 Asigmo does not warrant that an employment contract or a similar agreement of any kind, irrespective whether they are agreed in writing or orally, will be concluded between the Hiring Partner and a Fellow though the usage of our services.Asigmo does not act as an agent for the Fellow or the employer. Any agreements created between an employer and a Fellow are not binding on us.
9. data protection, film and photo rights
9.1 The data and photos submitted by participants with their application will be stored electronically and processed for the purpose of carrying out the program, course or event. Participants grant Asigmo the right to produce photographs and/or film and sound recordings in the course of their participation in Asigmo's programs, courses and events and to publish them for marketing purposes. Participants shall not be entitled to any compensation from these publications. For more details please refer to the privacy policy published our website.
10. Intellectual Property Rights
10.1 All program or course content, the proprietary assets of Asigmo and any and all intellectual property rights pertaining thereto, including, but not limited to, trademarks, trade names, domain names, service marks and copyrightable materials, whether or not registered or capable of being registered (hereinafter the, "intellectual property"), are owned by and/or licensed to Asigmo and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Asigmo and its licensors.
11. jurisdiction and applicable law
11.1 Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the referral provisions. The exclusive jurisdiction of the competent court for Vienna Inner City is agreed upon.
11.2 If the participant has his domicile or residence in Austria at the time of the conclusion of the contract, the Austrian courts have international jurisdiction for any legal disputes arising from or in connection with the contractual relationship. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act with habitual residence in the EU, they are also entitled to the protection of the mandatory provisions of the law of their country of residence.
12. final provisions
12.1 Participants shall immediately send any changes of name, address and billing address to Asigmo in writing (E-Mail is sufficient). If no change is made, letters from Asigmo shall be deemed to have been received if they were sent to the last known E-Mail address or billing address.
12.2 Asigmo reserves the right to replace/adapt the Terms and Conditions in whole or in part at any time, if this is necessary or reasonable for legal reasons or from a technical point of view, for the purpose of extending/improving the services offered etc. ("Changes to the Terms and Conditions").
12.3 Should any provision of these terms (or any part thereof) be invalid, the validity of the other provisions shall not be affected. The invalid or ineffective provision shall be deemed to be replaced by such valid and effective provision as most closely corresponds to the economic purpose of the invalid or ineffective provision.
12.4 By registering, the participant accepts these General Terms and Conditions and acknowledges that failure to comply with them will result in exclusion from the event as an important reason for extraordinary termination of the contract.
Vienna, June 2020