General terms and conditions of sale and delivery for services applicable to ON-TRA GmbH, USt-IdNr. 318610966.

1. Definitions

ON-TRA GmbH is hereinafter referred to as ON-TRA. The buyer of ON-TRA's services is hereinafter referred to as the Customer. Integrated elements and systems, including the website https://on-tra.de, functionallity, models, templates and courses, are referred to as the Platform.

2. Terms of Use

Unless otherwise expressly agreed and documented, or unless otherwise stated in mandatory requirements for B2C sales, these terms and conditions shall apply to any trade with ON-TRA.

3. Basis of Agreement

These terms and conditions, alone or together with ON-TRA's offer or order confirmation, shall constitute the entire contractual basis for the sale and delivery of services to the customer. Any purchasing conditions or similar that the customer may claim to have communicated to ON-TRA in any form whatsoever is not part of the commercial agreement.

4. Services and Right of Cancellation

E-Learning services are delivered as digital services with the special conditions associated with this in the form of lapse of the right of cancellation. The right of cancellation can only be claimed when the below conditions are met. Other services are delivered in accordance with general German practice for B2B trade.

5. Prices

All prices are stated excluding VAT unless it is clearly stated that the price includes VAT.

6. Delivery

Upon completion of registration/sending of the course welcome e-mail, ON-TRA's online E-Learning services are considered delivered and cannot be subject to cancellation. Immediately after enrolment, a course welcome e-mail is sent to the course participant's e-mail address.

Once this e-mail has been sent to the e-mail address provided by the customer when ordering, ON-TRA cannot be held responsible for receiving or reading these e-mails. From the sending of these emails, there are normally 45 days to complete the course after which the course access is automatically closed.

Failure to complete the course does not entitle to compensation of any kind. Course reminders are sent to course participants who have not completed the course approx. 14 days before the end of the course and approx. 7 days before the end of the course.

If the course has not been completed within the scheduled period, a deadline extension of 30 days may be granted against payment of half the course price per course participator. Requests for extensions must be made no later than 7 days after the end of the course.

Courses are solely for the personal use of the registered course participant and may not be transferred in whole or in part to a third party.

7. Course Certificate

When the course participant has successfully completed the course an email with the course certificate attached will automatically be sent. If the course completion email with attached certificate has not been received within 15 minutes after successful completion of the final test please contact ON-TRA. It is the responsibility of the course participant to print the course certificate.

8. Payment

ON-TRA recognises payment in the currency in which the invoice is issued. All prices are based on net cash payment. Payment can be made by credit card or by sending an invoice (payment terms net cash). If payment is not received by ON-TRA within 7 days, the payment deadline has been exceeded.

In the event of late payment, interest and fees will be charged in accordance with applicable German legislation. No payment fees or administration fees will be added except for costs in connection with any reminders or debt collection.

Invoicing is normally effected by sending an invoice to the e-mail address provided. If desired, invoicing can be done electronically via ean. ON-TRA accepts that the customer pays in another currency provided that the customer pays all costs associated with this. This means that the customer pays the costs of both payment and receipt of payment.

In special cases, ON-TRA may arrange for invoices to be paid by credit card. In the event of non-payment, ON-TRA is entitled to close access to purchased courses without notice, regardless of whether or not they have commenced.

9. Quote, Order and Order Confirmation

Orders shall contain the names and email addresses of the course participants to be enrolled. ON-TRA cannot be held responsible in case of any errors in them. Once a course participant is enrolled, the order is bound to this course participant and can only be changed to another course participant by renewed enrolment and payment.

10. Cancellation

Once the course participant has been created and the course welcome email has been sent, the enrolment is binding and cannot be cancelled.

However, we offer cancellation of the course participants for a fee of 100 EUR. If the cancellation request is made no later than 7 days after registration and the course has not yet been commenced. Registration of a course that has commenced is determined solely on the basis of information registered with ON-TRA.

11. Company Manager (CM)

A Company Manager will automatically receive a copy of their own students' course welcome email and certificate email when a course is completed. The creation of a CM account is a free service. ON-TRA retains the priviliege to alter the CM account without prior notice or agreement. This can include replacement or deletion of the account. No explicit reason has to be stated if these changes occur.

When there are active course participants, the CM receives a weekly report with the students' completion status.

12. The Platform

The Customer is not permitted to integrate, in whole or in part, parts of the Platform in service, programmes, or to download, redistribute, license, lend or sell the content. ON-TRA holds the entire copyright to the services and content on the Platform. The Platform is regarded as ON-TRA's intellectual property. Infringement of this will result in claims for compensation.

Exploitation of vulnerability on the Platform is considered criminal and is prohibited. Any person engaging in such behaviour is immediately subject to applicable cybercrime laws.

For quality assurance, the platform records technical usage data (such as pages visited, interactions and errors) for performance monitoring and problem diagnosis; with the user's consent, analytics services such as Microsoft Clarity may be used for this purpose. When an order is completed, a technical confirmation of the transaction (order number, value and currency) is processed to measure the effectiveness of our advertising. This information is used exclusively for the purposes described here and is never sold.

13. Copyright

All content in ON-TRA's courses and platform is covered by applicable copyright law. These rights belong exclusively to ON-TRA or a third party with whom ON-TRA has established or sought to establish an agreement.

The course participant is only entitled to use the material to the extent necessary to complete the course. Thus, the courses may not be printed, copied, recorded or otherwise disseminated in whole or in part without ON-TRA's prior written permission. Violation of this will be met with a claim for compensation.

14. Product Liability

The course content has been prepared in accordance with applicable rules, standards and regulations, and the highest possible degree of compliance has been endeavoured. Interpretations thereof are ultimately subject to legal judgement. ON-TRA can therefore not be held liable in any way.

ON-TRA cannot be held liable, directly or indirectly, for any loss - direct or indirect - that may arise in connection with the use of the services.

15. Force Majeure

ON-TRA reserves the right to exemption from liability, including delivery obligation and liability for damages, in the event of the occurrence of circumstances of an extraordinary nature beyond ON-TRA's control.

16. Other Terms

This document has been created as a copy of the same provisions in German. In the event of any inconsistency between the translation and the German provisions, the German provisions shall prevail.

Any dispute in relation to the co-operation shall be subjected to German law and practice and shall, prior to any judicial decision, be attempted to be settled in the following order: Negotiation, Mediation, Arbitration, Court.

Our products are not subject to ZFU approval or registration requirements.