General Terms and Conditions
Status as of January 1, 2024
General Terms and Conditions
of MPIRICS Consulting GmbH
valid for Mixed Agile Arts®
1. GENERAL
These General Terms and Conditions apply to all services purchased via the “Mixed Agile Arts” website (www.mixedagilearts.com). These are online on-demand and live online trainings, courses, trainings or seminars etc., hereinafter referred to as “Training”). In addition, consulting services (consulting, coaching, workshops, etc., hereinafter referred to as “consulting”).
The above services are offered and provided by MPIRICS Consulting GmbH (hereinafter referred to as “MPIRICS”). The provision takes place in the following formats:
- Live (“in-person”): Customer and MPIRICS service providers meet in person in a room either on site at the customer’s premises, at MPIRICS or in other event facilities to provide/consume the services.
- Online on-demand (“virtual”): Customers consume services online and at their own discretion. These are primarily online content, such as multimedia texts, videos, etc., and there is no live interaction between customers and the MPIRICS service providers.
- Live online (“virtual live”): MPIRICS customers and service providers meet via video conferencing or in virtual rooms to provide/consume the services.
“Community” refers to the platform on which MPIRICS offers or delivers parts of these services. This platform is freely accessible, but registration with identification (name and email) is required. The community also facilitates exchange between all members.
Public training courses are those that are generally accessible to everyone and are advertised by MPIRICS on its website. Private training is training that is carried out on behalf of a customer for their employees, often referred to as “in-house training”.
The term “website” refers to all MPIRICS websites, which in any case include the websites available at the addresses www.mpirics.com and www.mixedagilearts.com.
2. OFFER AND COMMISSIONING
2.1 COMMUNITY AND ON-DEMAND ONLINE TRAINING
Participation (membership) in the community is basically free of charge, whereby the scope of services is described on the website in the corresponding free price plan. Paid memberships include access to additional offers that are not available to free memberships. The respective memberships incl. Prices are described in detail on the website, whereby the duration of membership is precisely regulated in each case. There is at least one monthly and one annual membership for each price plan.
By registering on the Community Platform, the customer commissions MPIRICS to provide the respective offer as described in the price plans for the specified duration. The registration is only legally valid after payment of the price provided for it.
The use of this service is tied to the membership and begins on the date of full payment of the associated invoice(s). The duration of membership is to be calculated from this date. Memberships are personal and cannot be transferred.
A membership is automatically extended by the originally ordered period (at least one month or one year) if the membership is not canceled by the customer up to one day before it expires.
2.2 LIVE AND LIVE-ONLINE TRAININGS
Registration for a public training course must take place online on the website and must be confirmed again by the customer or participant by e-mail (double opt-in procedure). The registration is only legally valid after payment of the price provided for it.
This registration constitutes an assignment to the training organizer (MPIRICS), which must confirm it within three working days. Confirmation will be sent by e-mail. Without confirmation, there is no entitlement to participate in the training.
If MPIRICS does not confirm the order or rejects it due to a lack of places, no contract is concluded between the two parties. Registrations are processed in the order in which they are received by the training organizer, whereby the time of confirmation by the participant counts.
The training provider MPIRICS reserves the right to cancel the training up to ten working days before the training in the event of under-occupancy. In this case, a corresponding warning must be sent to the participant by e-mail two calendar weeks before the training.
The status of a training course in this regard can be seen on the website of the training offer. The status “Guaranteed” means that there are sufficient registrations and this case will no longer occur, while the status “Planned” means that there is still uncertainty in this regard. The status “Fully booked” indicates that all training places have been booked and that registration for this date is no longer possible. The imminent arrival of this case is announced by the status “Few remaining places”.
2.3 CONSULTING SERVICES
Consulting services of any kind are subject to the terms and conditions of MPIRICS, to which reference is hereby made.
3. PERFORMANCE
3.1 COMMUNITY AND ON-DEMAND ONLINE TRAINING
The scope of services of a Community membership incl. of the online on-demand training courses are described on the respective detail pages and in the price plans. MPIRICS reserves the right to change the details of the scope of services without prior notice.
Upon termination of membership in the Community, the entitlement to use the services also ends. No compensation or subsequent delivery can be claimed for services not used during the membership period.
In general, unused benefits expire and cannot be transferred, redeemed or offset.
3.2 LIVE AND LIVE-ONLINE TRAINING
The following services are included in the price stated on registration or in the offer: Training according to the training description provided (online on the website), the training documents listed in this description and, in the case of public live training sessions, the premises plus daily catering during the training.
The training is held in the language explicitly stated in the training description, which is normally German. The training provider MPIRICS reserves the right to change the content of the training to a reasonable extent without notice. The language of the documents may differ individually from the training language. Some of the documents provided are legally protected and may not be reproduced or used commercially.
Any other services included, such as certification fees or similar, must be explicitly stated in the training description and may be subject to further regulations of the respective certification partners. If additional services are defined in a bonus package that go beyond the training, these are valid for a period of three months from the training date, unless otherwise defined. Unused benefits expire and cannot be transferred, redeemed or offset.
4. WITHDRAWAL, CANCELLATION, TERMINATION, REBOOKING
4.1 COMMUNITY AND ON-DEMAND ONLINE TRAINING
As already described under 2.1, a membership is automatically extended by the originally ordered period (at least one month or one year) if the membership is not terminated by the customer up to one day before it expires.
Membership must be terminated online in the platform itself. A function is available for this purpose on the customer’s profile page on the platform. If it is not possible for the customer to use this function due to technical problems, the termination can also be made in writing by email to support@mpirics.com, whereby the date of dispatch of the email is binding.
Failure to give notice of termination or failure to use the service shall not release the customer from his obligation to pay.
4.2 LIVE AND LIVE-ONLINE TRAININGS
It is possible to withdraw or cancel an already confirmed registration for a public training course free of charge up to four calendar weeks before the start of the course (first day). Cancellations up to two weeks before the start of the course will incur a cancellation fee of 50% of the course price. Cancellations received after this date cannot be considered, in which case the full training fee will be charged. The non-appearance of a registered training participant on the first or a subsequent day of the training does not release the customer from his obligation to pay.
However, the customer is entitled to nominate or send a substitute participant instead of the registered participant up to one day before the start of the training. In addition, it is possible to rebook to another date after consultation with the training organizer MPIRICS for a rebooking fee.
If any discounts granted (see below) are affected by a cancellation or rebooking because the conditions for granting them are no longer met, the difference in price resulting from the new situation will be charged in addition to the training price.
If a training course cannot take place due to illness of the trainer, force majeure or other unforeseeable events, the training provider will (in its own interests) endeavor to find a solution to be able to deliver the training course anyway, typically by providing a replacement trainer or alternative location.
If these efforts remain without result, however, there is no entitlement to training. In this case, the training organizer is obliged to refund the training fee in full and immediately, but cannot be held liable for compensation for travel, accommodation or cancellation costs or for indirect damages, loss of profits or third-party claims.
5. PRICES, TAXES, TERMS OF PAYMENT
5.1 COMMUNITY AND ON-DEMAND ONLINE TRAINING
The price shown in the description of the respective membership price plan applies, incl. any discounts or promotions indicated. Invoicing takes place in the course of commissioning. Payment of the full price is due before the start of the service. This can be done either during the registration process when paying by credit card or by invoice. The payment terms stated on the invoice shall apply, in case of doubt “immediately”.
5.2 LIVE AND LIVE-ONLINE TRAININGS
The price shown in the training description applies incl. the early booking discounts or other promotions stated therein. Early booking discounts are only available if payment is received on time (the payment deadline is stated on the corresponding invoice). MPIRICS reserves the right to offset any early booking discount granted in the event of late payment.
Unless otherwise stated, the prices quoted are exclusive of statutory VAT. For public training courses, VAT is calculated in accordance with the applicable EU rules. This depends on whether the customer is a private individual or a company, on the form of service provision (live, live online or online on-demand) and on the location of the service provider or service provision and the location of the service recipient.
The invoice is issued with the confirmation. The invoice amounts are due without deduction before the start of the training. If early booking discounts are granted, the invoice amount is due much earlier (advance billing, earlier invoicing date).
The training organizer MPIRICS reserves the right to exclude participants who have not fulfilled their payment obligation from the training or any certification. Failure to pay will in any case result in the loss of entitlement to any discounts granted, e.g. the early booking discount, which will then be subsequently offset.
6. OTHER PROVISIONS
6.1 LIVE AND LIVE-ONLINE TRAININGS
The training organizer MPIRICS stores the participant’s data provided during registration exclusively for the purpose of holding the training in order to contact the participant before, during and after the training. In addition, this data or parts thereof – only if explicitly necessary – will be passed on to a partner for certification or registration with this partner. Further details can be found in our privacy policy or will be provided on request.
The following certification partners are currently involved: ScrumAlliance, Inc. (www.scrumalliance.org) in the USA for Scrum training, Kanban University (www.kanban.university) in the USA for Kanban and Lean training, The LeSS Company B.V. (www.less.works) in the Netherlands.
The participant expressly consents to this disclosure in the course of registration. Disclosure to other parties is excluded.
MPIRICS Consulting GmbH accepts no responsibility for internal company information communicated by participants in the context of – primarily public – training courses. The assessment of which internal company information can be included in a training course (e.g. in the context of discussions, exercises, etc.) is the responsibility of the respective participants themselves.
6.2. REMOTE TRAININGS, CONSULTING, COACHING
MPIRICS uses the following services for the provision of all non-live formats (“remote”): Welo (https://www.welo.space/privacy) and Zoom (https://zoom.us/) for video conferencing, Miro (https://miro.com/legal/privacy-policy/) or MURAL (https://www.mural.co/) for collaboration, as well as Okaloa (https://flowlab.okaloa.com/) and Kaiten (https://tools.kaiten.io/).
Participants will receive more detailed information and test access to the services used in the week before the training. It is the responsibility of the participant or the client to ensure that these tools function smoothly in the respective infrastructure. With a suitable lead time, MPIRICS is happy to find a joint solution to infrastructure problems.
6.3. RIGHTS TO THE CONTENT
MPIRICS goes to great lengths to prepare content for its customers in the best possible form. The intellectual property rights to all content made available to the customer in training courses, workshops or consulting services remain entirely with MPIRICS. Content intended for internal use by the customer must be labeled as such and may only be used for the customer’s internal purposes. The making of copies of this content, video or audio recordings of sessions or other recordings is not permitted and requires the written consent of MPIRICS. The latter applies in particular to events held remotely.
6.4 Exclusion of liability for links to external sites
Our website contains links to external websites of third parties over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking and no illegal content was recognizable at the time of linking. However, ongoing monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of any legal infringements, we will remove such links immediately.
6.4 Place of jurisdiction
The place of jurisdiction is the registered office of MPIRICS Consulting GmbH (Linz).
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