General Terms and Conditions

1. Introduction

1.1. Scope
The following conditions apply to all legally valid transactions with Glenfis AG, hereinafter Glenfis, that are made via the internet portal www.glenfis.ch.

For individual business segments, seminars and eLearning, the terms and conditions stated below under the respective segment names apply.

All other terms and conditions apply generally and to all segments.

The present terms and conditions form part of all dealings, including subsequent dealings, with customers of Glenfis. These terms and conditions are expressly accepted by registering to participate in a seminar, ordering an eLearning course or any other product (e.g. assessment tools).

Other terms and conditions, in particular purchase conditions of customers, are not accepted by Glenfis, even if there is no explicit objection.

If, in exceptional cases, different terms and conditions that have been mutually agreed to by Glenfis and the purchaser/customer are to come into force, such different terms and conditions have to be set out in writing and signed by both contractual parties.

1.2. Validity
The present general terms and conditions are valid indefinitely. If necessary they will be adjusted, changed or expanded by Glenfis.

1.3. Applicable laws
Customers are not entitled to transfer their rights arising from this agreement.

Swiss law shall apply. Zug shall be the place of jurisdiction.

2. Seminars

2.1. Open seminars
Applications to participate in seminars are to be addressed in writing or in electronic format to Glenfis AG. Reservations can be made by telephone or electronically, but they can only be considered if within 7 days a written application is received by Glenfis AG. The number of participants in each seminar is limited to 15. Applications are considered in the order in which they were received. If seminars are already fully booked, the customer is advised accordingly and is informed of the next available dates. If there are fewer than 5 participants registered to attend a seminar, Glenfis AG reserves the right to cancel the course.

2.2. In-house seminars
On the basis of an individual quote to the customer, for in-house seminars an individual agreement is signed with the customer which is subject to the "General terms and conditions for courses" unless some different arrangement has been determined in an individual agreement. The scope of the agreement covers in particular the individual performance components and the modalities of carrying out the in-house training (training centres, customer's premises, etc.).

2.3. Data protection
Data acquired in the context of the seminar agreement is electronically stored for internal purposes in compliance with data protection provisions.

2.4. Seminar fees
The seminar fees cover the following performance: conducting the seminar and seminar documentation. For open seminars, in addition, the use of training rooms, associated technical facilities for training purposes, and lunch and beverages during breaks are included. Prices are per participant (unless otherwise stated) including the prescribed amount of VAT. The seminar fees of the price list applicable at the time shall apply.

Participation in some seminars only does not constitute an entitlement to a price reduction. In the case of In-house seminars, travel times as well as the cost of travel and accommodation of teaching staff is invoiced at the prices stated in the individual agreement.

Seminar fees are to be paid before the event is held.

2.5. Invoicing and payment arrangements
Generally, Glenfis will issue invoices for seminars by ordinary mail or electronically by email to the invoicing address stated on the registration form.
The customer shall ensure that the information provided in relation to orders and invoices is correct.
The customer shall transfer the amount due to the account nominated by Glenfis within the period allowed for payment and without any deductions.
Glenfis reserves the right to prevent participants from attending if the amount due has not been paid before commencement of the seminars.
In the case of framework agreements, payment is according to the agreed arrangements.

2.6. Cancellation by the participant
Any cancellation of a fixed booking by the participant is to be made in writing. If this cancellation is received by Glenfis AG no later than two weeks of commencement of the seminar, the participant will not incur a cost for withdrawal. In the case of cancellation after this, 100% of the agreed seminar fee becomes due. Substitute participants can be nominated and take the place of the original applicant up to commencement of the seminar.

2.7. Liability and compensation
If a seminar has to be cancelled as a result of illness of the presenter, act of God or some other unforeseeable event, there is no entitlement for the event to be held. In such a case Glenfis cannot be made liable to provide compensation for travel or accommodation expenses or compensation for working hours lost.

Generally, in the case of cancellation of a seminar, Glenfis can only be made liable for damage caused intentionally or by gross negligence.

If a specific presenter named in an individual agreement is unable to attend for good reasons, Glenfis is not liable to pay damages.

Glenfis is not liable for any damage caused directly or indirectly as a result of holding a seminar – unless such damage was caused intentionally or by gross negligence by Glenfis or its agent employed in the performance of its obligation (for example a subcontractor).

Glenfis is not liable for indirect damage, in particular loss of earnings or other claims from third parties.

Training and exercises are designed in such a way that an attentive participant can achieve the seminar objective. Glenfis does not guarantee success to participants, either in the seminar or in passing any subsequent examination. Glenfis is not liable for consequential damage arising from this.

Glenfis does not accept any liability for loss or damage to participants' valuables or other objects, such as for example items of clothing.

2.8. Seminar documentation
Participants will receive seminar documentation, work materials or accompanying literature corresponding to the respective event.

The participant/customer agrees to acknowledge and respect Glenfis' copyright, and further agrees not to copy, change and/or make available to any third party any handouts in analogue and/or electronic form.

2.9. Copyright
The documentation prepared and handed out to participants within the framework of seminars or individual customer events is the intellectual property of Glenfis and is protected by copyright.

All rights are reserved by Glenfis. Any use not permitted by copyright law, including translation, copying or reproduction of seminar documentation or extracts thereof, requires the prior written approval of Glenfis.

Glenfis reserves the right to have any suspected copyright infringement investigated and, if appropriate, to take legal action.

3. eLearning

3.1. Prerequisites for using the eLearning portal
Users are to provide the technical prerequisites for serviceable internet access at their own cost.

Users agree to handle their personal login data such as user identification and passwords confidentially and not to disclose them to third parties or make them accessible in any other way. This applies in particular to disclosure of the login data to third parties for the purpose of making available the contents of the eLearning portal.

Users also agree not to deposit in this portal, in any form shape or manner, or otherwise propagate any texts, documents or other data or references which are injurious, menacing, obscene, racist or which otherwise are in bad taste, contravene existing laws or are protected by copyright legislation.

In addition, our TERMS OF USE apply to the use of the eLearning portal.

3.2. Booking eLearning contents
Booking of eLearning courses usually takes place using the online ordering option of the Glenfis website (Saferpay).

When full payment to the Glenfis account has been received, the data required to access online seminars is sent to the customer by email within 24 hours (Monday to Friday) central European time.

Different rules apply to the callingoff of quotas in connection with framework agreements.


3.3. Invoicing and payment arrangements
Generally, eLearning courses are paid for by credit card.

In the case of existing framework contracts, payment is in accordance with the arrangements agreed to.

3.4. Copyright
Participants must use the contents provided for their use only for their own personal purposes for furthering their education, with such use being restricted to the computer screen.

Any printing, storing or copying of contents requires prior written approval from Glenfis in each instance.

No contents or copies of the contents must, either for free or in return for compensation, be made available, rented, lent or provided in any other way to any third party.

Glenfis holds the copyright to all contents.

Any reproduction – in whole or in part – in particular relating to the reprinting, translation, reproduction by photomechanical means or similar, or the storage and processing in computer networks is the sole right of the copyright owners and licence holders.

The participant or customer receives no rights of ownership or other rights of exploitation in the contents provided.


3.5. Availability of the eLearning portal
As a rule, the eLearning portal is available 365 days a year, 24 hours a day. In exceptional cases, limitations can arise as a result of maintenance work.

Faults are rectified according to besteffort principles.

3.6. Support requests
In the case of faults, the Glenfis Service Desk can be contacted via email (support@glenfis.ch).

Glenfis' response times for fault reports is 24 hours within Service Desk hours (Monday to Friday, 08:00 – 17:00 central European time or central European summer time.

4. General terms and conditions

4.1. Data protection and confidentiality
Parties/customers which/who order ITIL® seminars agree to having their personal data processed to the extent required for the associated business transactions.

Glenfis agrees to treat all customerrelated data in confidence and not to disclose such data, whether for a consideration or free of charge, to any third party for further processing.

4.2. Note relating to trademarks
All trademarks used and shown, whether in graphic or textual format, are the property of the respective trademark holders.

4.3. Del credere clause and causes
If individual provisions are or become ineffective, this does not touch upon the effectiveness of the remaining provisions of these terms and conditions of Glenfis.

Any changes or additions to these terms and conditions must be made in writing.