Terms and Conditions
ORDERS AND ACCEPTANCE
a. For open enrolment classes Intracon will provide the customer with a reservation notice as soon as possible after receipt of the customer's order and will provide the customer a confirmation notice after receipt of a valid method of payment.
b. The parties hereby agree that they may do business electronically, including contract formation, order placement and acceptance. Any orders placed by the customer and accepted by Intracon on any Intracon.com website will create fully enforceable obligations that will be subject to the T&Cs.
c. Such orders and acceptances will be deemed for all purposes to be:
1) business records originated and maintained in documentary form;
2) a “writing” or “in writing”;
3) “signed”; and
4) an “original” when printed from electronic files or records established and maintained in the normal course of business.
d. The parties further agree not to contest the validity or enforceability of such transactions under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the parties to be bound thereby and will be admissible if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form.
a. Intracon warrants that all Intracon Services will be provided in accordance with generally recognized commercial practices and standards.
The mobile service is paid for as part of the Mobile Services Contract between HP and Intracon, which assumes the partners premises and hardware are supplied, however in the event a special request, non partner location, hotel or special venue the following terms would apply:
a. contract agreement Intracon reserves the right to change course prices at any time. In the event of such change, confirmed registrations will be honored at the original price. Registrations confirmed by a purchase order within 30 days of a price increase will also be honored at the original price.
b. Prices do not include sales, use, service, value added or like taxes or customs duties. Such taxes and duties, when applicable, will be added to Intracon's invoices. Further, if class deliveries are requested outside of the original invoicing country, it may be necessary for Intracon to issue an invoice from the delivery country location.
c. All payments will be made within 30 calendar days of the date of invoice. These credit terms are subject to Intracon credit approval. Intracon may change credit terms upon reasonable notice at any time when, in Intracon’s opinion, Customer’s financial condition, previous payment record, or the nature of Customer’s relationship with Intracon so warrants.
REMEDIES AND LIABILITIES
a. Intracon’s total aggregate liability to Customer for any reason and upon all claims and causes of action hereunder will be limited to the amount of fees paid by Customer for the Intracon Services giving rise to the claim or cause of action. This limitation applies to all causes of action or claims including without limitation breach of contract, breach of warranty, negligence, strict liability or other torts. In no event will Intracon be liable for any consequential, special, indirect, incidental or punitive damages, including without limitation loss of data, loss of profits or loss of savings or revenue, even if it has been advised of the possibility of such damages.
b. In no event will any cause of action be brought against Intracon more than one year after the cause of action has accrued.
c. THE REMEDIES IN THESE T&Cs ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES.
d. The parties understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations hereunder.
e. The fees payable to Intracon reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in these terms and conditions.
a. Intracon will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control.
b. Except with respect to Intracon’s rights regarding the use of subcontractors, neither party may assign any rights or obligations hereunder without prior written consent of the other party. Intracon may, however, assign any rights and obligations hereunder to an affiliated entity at any time subject to written notice. These terms and conditions will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
c. Disputes arising in connection with these T&Cs will be governed by the laws of Germany.
d. If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.
e. Customer will comply with the general obligations specified by these Terms and Conditions together with any specific Customer obligations described in the Statement of Work, in a timely manner. Customer acknowledges that Intracon's ability to deliver the Intracon Education Services is dependent upon Customer’s full and timely cooperation with Intracon, as well as the accuracy and completeness of any information and data Customer provides to Intracon.
f. Neither party's failure to exercise any of its rights under these T&Cs will constitute or be deemed a waiver or forfeiture of those rights.
g. Participants and signature lists for a respective event are visible to all participants of the respective event equally.
h. These T&Cs and, any applicable Intracon order confirmation, SOW and/or Intracon Data Sheet, constitute the entire agreement between Intracon and Customer and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Customer's additional or different terms and conditions will not apply. Customer's purchase will constitute Customer's acceptance of these T&Cs which T&Cs may not be changed except by an amendment signed by an authorized representative of each party.