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<!doctype html><html lang=en><meta charset=utf-8><meta http-equiv=X-UA-Compatible content="IE=edge"><meta name=description content="All attendees, speakers, sponsors and volunteers at our trainings, workshops or webinars are required to agree with the following code of conduct."><meta name=viewport content="width=device-width,initial-scale=1"><title>Terms and Conditions by thoughtram</title><meta name=mobile-web-app-capable content=yes><meta name=theme-color content=#384c54><link rel=icon sizes=192x192 href=assets/images/touch/chrome-touch-icon-192x192.png><meta name=apple-mobile-web-app-capable content=yes><meta name=apple-mobile-web-app-status-bar-style content=black><meta name=apple-mobile-web-app-title content=thoughtram><link rel=apple-touch-icon-precomposed href=apple-touch-icon-precomposed.png><meta name=msapplication-TileImage content=assets/images/touch/ms-touch-icon-144x144-precomposed.png><meta name=msapplication-TileColor content=#384c54><meta property=og:locale content=en_US><meta property=og:type content=website><meta property=og:description content="All attendees, speakers, sponsors and volunteers at our trainings, workshops or webinars are required to agree with the following code of conduct. Organisers will enforce this code throughout all events. We are expecting cooperation from all participants to help ensuring a safe environment for everybody."><meta property=og:url content=http://thoughtram.io/code-of-conduct.html><meta property=og:site_name content="Terms and Conditions by thoughtram"><meta property=og:image content=http://thoughtram.io/assets/images/thoughtram-brain-og.png><link rel=stylesheet href=styles/main.css><body itemscope itemtype=http://schema.org/WebPage class=thtrm-imprint><!--[if lt IE 10]>
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<![endif]--><noscript><iframe src="//www.googletagmanager.com/ns.html?id=GTM-PMLVSW" height=0 width=0 style=display:none;visibility:hidden></iframe></noscript><script>(function(w,d,s,l,i){w[l]=w[l]||[];w[l].push({'gtm.start':
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})(window,document,'script','dataLayer','GTM-PMLVSW');</script><header class=thtrm-header role=banner><div class=thtrm-header-bar><div class=thtrm-constraint><a href=/ class=thtrm-header-logo-link title="thoughtram.io Start Page"><h1 class=thtrm-header-logo>thoughtram</h1></a><div class=thtrm-header-menu-wrapper><span role=button tabindex=0 class=thtrm-header-menu-label>Menu</span><ul class=thtrm-header-menu><li><a title=Training class=thtrm-header-menu-item href=/training.html>Training</a><li><a title="Code Review" class=thtrm-header-menu-item href=/code-review.html>Code Review</a><li><a title=Casts class=thtrm-header-menu-item href=http://casts.thoughtram.io>Casts</a><li><a title=Blog class=thtrm-header-menu-item href=http://blog.thoughtram.io>Blog</a></ul></div></div></div></header><main role=main class=thtrm-main><div class="thtrm-banner thtrm-banner--imprint"><hgroup class=thtrm-banner-container><h2 class=thtrm-banner-text>Terms & Conditions</h2></hgroup></div><section class="thtrm-section thtrm-section--slim thtrm-section--tall-distance-top"><h4>§ 1 General</h4><p>(1) The general commercial terms and conditions below apply for all legal transactions between thoughtram GmbH, Im großen Büchenfeld 24, 30453 Hannover Germany, and its customers.</p><br><p>(2) These general commercial terms and conditions apply exclusively, even in those cases where thoughtram provides its services without reservation while being fully aware of the customer's contravening GCTC. thoughtram shall not recognize any general commercial terms and conditions of the Customer that depart in all or in part from these terms and conditions unless thoughtram has explicitly agreed to such in advance in writing.</p><br><p>(3) These general commercial terms and conditions apply as well for all future transactions between the parties.</p><br><h4>§ 2 Subject of Agreement</h4><p>(1) thoughtram provides services, hereinafter referred to as "Services", specifically training courses in the IT field, code reviews, and creation of code and documentation. A more detailed description of the services to be provided can be found in the binding proposals provided by thoughtram.</p><br><p>(2) thoughtram provides fee-based services as a rule exclusively on a service-contract basis.</p><br><p>(3) Proposals by thoughtram are always subject to confirmation and non-binding unless they are designated as binding proposals.</p><br><p>(4) thoughtram shall have the right to perform the contracted services using subcontractors, provided such is not in violation of the Customer's justified interests.</p><br><h4>§ 3 Pricing</h4><p>(1) The respective prices of thoughtram indicated at the time of booking shall apply for the Services.</p><br><p>(2) Prices are understood to be plus the respective applicable statutory sales tax in the respective applicable amount. Payments are due and payable one week after receipt of invoice. Any overdue payments shall be subject to 9% interest above the base rate for the period they are in arrears. thoughtram reserves the right to demonstrate and claim greater harm due to delay.</p><br><h4>§ 4 Additional Conditions for Training Sessions</h4><p>(1) thoughtram offers training sessions on a variety of IT topics. These are held either publicly, organized by thoughtram itself, publicly, organized by third parties, or privately, in house.</p><br><p>(2) Training sessions may be canceled in writing without penalty up to six weeks before the course is conducted. For cancellations after that time, the customer will be subject to compensation for the associated damages. The amount of the damages runs from 50% of the original course fee for cancellation up to three weeks before the course date, to 70% starting from three days before the course date. The customer retains the right to demonstrate that its cancellation has resulted in no damages or only significantly less damages.</p><br><p>(3) Cancellation of individual sessions for training sessions consisting of several sessions that have already begun is prohibited. In the event the customer is incapacitated (e.g., due to illness, occupational disability, vacation) and cannot therefore take part, the course fee shall nevertheless be due and payable.</p><br><p>(4) In the event of loss of a course instructor, thoughtram shall have the right to cancel a training date or to postpone the training. thoughtram shall notify the customer of such immediately. In the event a date is canceled, either a substitute date will be offered or the training fee will be refunded.</p><br><p>(5) The foregoing provisions shall not limit the right to cancel without notice for just cause. Just cause is deemed to exist in particular if the customer fails to meets its payment obligations.</p><br><h4>§ 5 Additional Conditions for Online Training Sessions</h4><p>(1) thoughtram also offers online training sessions. These take place using thoughtram's classroom.thoughtram.io platform and a combination of realtime video chat applications.</p><br><p>(2) A broadband internet connection and a modern browser is required</p><br><p>(3) Training sessions may be canceled in writing without penalty up to three weeks before the course is conducted. For cancellations after that time, the customer will be subject to compensation for the associated damages. The amount of the damages runs from 50% of the original course fee for cancellation up to one week before the course date, to 70% starting from three days before the course date. The customer retains the right to demonstrate that its cancellation has resulted in no damages or only significantly less damages.</p><br><p>(4) Cancellation of individual sessions for training sessions consisting of several sessions that have already begun is prohibited. In the event the customer is incapacitated (e.g., due to illness, occupational disability, vacation) and cannot therefore take part, the course fee shall nevertheless be due and payable.</p><br><p>(5) In the event of loss of a course instructor, thoughtram shall have the right to cancel a training date or to postpone the training. thoughtram shall notify the customer of such immediately. In the event a date is canceled, either a substitute date will be offered or the training fee will be refunded.</p><br><p>(6) The foregoing provisions shall not limit the right to cancel without notice for just cause. Just cause is deemed to exist in particular if the customer fails to meets its payment obligations.</p><br><h4>§ 6 Additional Conditions for Code Reviews</h4><p>(1) thoughtram offers in-house and online code reviews.</p><br><p>(2) The customer is obligated to collaborate in carrying out the Services due under the agreement. These duties to collaborate specifically include making information available, as well as transmission of data and content, to the extent such are required for thoughtram to provide the service. Moreover, the Customer must provide feedback on the deliverables presented to it at the request of thoughtram. thoughtram is authorized to set an appropriate deadline for the customer to meets its duties to collaborate. Moreover, the Customer must as a rule respond within 2 business days to correspondence or queries by thoughtram.</p><br><p>(3) The Customer shall make the required number of its own employees with the required level of expertise available to meet its contractual obligations.</p><br><p>(4) The Customer is aware that violation or delay in the performance of its duties to collaborate may place thoughtram's ability to perform its services under the contract in jeopardy. This may in particular lead to delays in the agreed schedule or to excess costs.</p><br><p>(5) Unless otherwise agreed to the contrary in writing, the Customer is solely responsible for the production or creation of content. It must provide the content in a common, directly accessible digital format. If conversion of the material provided by the client to another format is required, the client shall bear any costs arising therefrom. The Customer grants thoughtram the required rights of use to these materials in advance and warrants that it is authorized to grant these rights of use.</p><br><p>(6) To the extent it proves necessary to perform work on the Customer premises as part of the execution of the contract, the Customer shall grant employees of thoughtram unhindered access during normal business hours and make its premises and work materials available to the appropriate degree.</p><br><p>(7) Any collaborative actions that the Customer is obligated to perform must be done at its own expense.</p><br><p>(8) thoughtram shall have the right to cancel this contract for just cause if the Customer substantially or repeatedly violates its duties to collaborate. This is in particular the case when it fails to make agreed payments at all or in a timely manner, does not provide information, materials, or perform collaborative actions, is unreachable for extended periods, or otherwise obstructs the progress of the order in any way shape or form.</p><br><h4>§ 7 Usage Rights</h4><p>(1) Customers receive a simple usage right from thoughtram for the proper use of any Services subject to copyright (course documents and instruction materials, created code, etc.). For course documents that are licensed under the "thoughtram Training Material Licence", the licensing terms established for them shall take precedence.</p><br><p>(2) Materials of thoughtram and its partners that are not covered under (1) may not be further used, copied, reproduced, distributed, or provided to third parties.</p><br><p>(3) The online training courses in particular may not be recorded or copied, reproduced, or provided to third parties using technical equipment.</p><br><h4>§ 8 Acceptance</h4><p>(1) In the event, as an exception, an agreement is made for Services under a service contract, thoughtram shall provide the customer with the finished deliverables for acceptance and shall report that they are ready for acceptance in writing or by e-mail. thoughtram shall have the right to provide the Customer with individual deliverables for partial acceptance. Receipt of the ready-for-acceptance notification shall initiate a window of ten business days for the Customer, within which it is obligated to make a written declaration of acceptance, provided the deliverables or services meet the requirements under the agreement. Any deficiencies noted must be reported to thoughtram immediately in writing.</p><br><p>(2) Once the acceptance window has expired without any declaration of acceptance or notice of deficiencies received by thoughtram, then the deliverable shall be deemed accepted free of defects as of the window expiration date. The deliverable is also considered accepted free of defects if the Customer places it into operation, publishes it, or pays the compensation stipulated for it.</p><br><p>(3) Acceptance-related defects identified by the customer shall be remedied or otherwise corrected by thoughtram in a timely manner. After this, the acceptance process must be repeated. The acceptance declaration may not be refused based on insignificant defects. Defects are considered insignificant if they impair usability only insignificantly or not at all.</p><br><h4>§ 9 Warranty</h4><p>In the event the agreement is for services under a service contract, the warranty provided by thoughtram shall be in accordance with the following provisions:</p><br><p>(1) thoughtram warrants that the deliverables produced by thoughtram under the Agreement are free of third-party intellectual property rights and that, to the best of thoughtram's knowledge, there are no other rights that could limit or prohibit contractual use. thoughtram indemnifies the Customer in this regard from any potential third-party claims.</p><br><p>(2) In the event use pursuant to this agreement is impaired by third-party intellectual property rights, the customer must notify thoughtram as soon as it becomes aware of such. In this case, thoughtram shall have the right, to the extent such is reasonable for the Customer and in consultation with the Customer, to elect either to modify the contractual services so that they are no longer covered by this area of protection while still meeting the contractual provisions, or to obtain authorization for unrestricted and cost-free use by the Customer in accordance with the agreement.</p><br><p>(3) thoughtram assumes no warranty guaranteeing that, in the case of changes in technology (e.g., browsers, server technology, plug-ins, operating systems, W3C standards, online accesses, etc.), the produced deliverables will retain their contractually agreed suitability under the changed conditions as well. The Client shall have no right to claim adaptation after the fact.</p><br><p>(4) To the extent possible and reasonable for the Customer in regard to the effects of the deficiency, thoughtram may provide the Customer with an intermediate solution (workaround) to circumvent the deficiency until the deficiency can be definitively corrected.</p><br><p>(5) The warranty shall be null and void in the event the Customer alters the deliverables on its own or has them altered without the consent of thoughtram, unless the Customer can demonstrate that the deficiencies still in question were not caused by the changes made by it or the third party or due to lack of maintenance/update activities.</p><br><p>(6) The warranty period is 1 year and begins as of the date of acceptance of the deliverables. This shall not affect longer statutes of limitations for liability and warranty claims established by law.</p><br><h4>§ 10 Liability</h4><p>(1) thoughtram is subject to unlimited liability for any damages suffered by the Customer in connection with the performance of services to the extent these are based on malicious or grossly negligent behavior.</p><br><p>(2) Moreover, thoughtram shall be liable for damages suffered by the Customer arising from the performance of services to the extent such are due to negligent breach of a material obligation under the contract. In this case, thoughtram's liability is limited to the damages typically foreseeable at the time of contract signing.</p><br><p>(3) thoughtram shall not be liable for technical problems associated with conducting online training sessions for, provided these problems are beyond thoughtram's sphere of influence (e.g., connection problems with the provider).</p><br><p>(4) The aforementioned liability limitations shall not apply in the case of liability for personal injury and liability under the Product Liability Act.</p><br><p>(5) To the extent thoughtram produces the deliverables according to the Customer's instructions and/or based on content provided by the Customer, thoughtram shall assume no liability for compliance of the deliverables with the law. In no case shall thoughtram assume any liability whatsoever for content provided by the Customer. It is the responsibility of the Customer to have the services or deliverables provided by thoughtram checked from a legal perspective prior to their publication.</p><br><p>(6) The Customer is obligated to take effective steps to prevent and limit damages. thoughtram shall not be liable for loss of data and/or programs to the extent that the damages are based upon the fact that the Customer has prohibited it from performing backups to ensure that lost data could be restored at a reasonable expense.</p><br><p>(7) The provisions above also cover the employees and agents of thoughtram.</p><br><h4>§ 11 Enticement Prohibition</h4><p>The Customer hereby agrees not to entice or hire away employees of thoughtram during the period of collaboration between the parties and for a period of one year thereafter without the consent of thoughtram. For each case of culpable violation, the Customer is obligated to pay a contract penalty to be specified by thoughtram and, in the event of dispute, to be verified by the court of jurisdiction.</p><br><h4>§ 12 Miscellaneous Provisions</h4><p>(1) A right of retention may only be asserted in the case of counterclaims arising from the respective contractual relationship.</p><br><p>(2) The parties to the contract may use only those receivables for offsets that are legally established or undisputed.</p><br><h4>§ 13 Final Provisions</h4><p>(1) Any amendments and addenda to contractual agreements must be recorded in writing for evidentiary purposes. This also applies to an amendment of the requirement that changes be in writing.</p><br><p>(2) This contract is subject to the laws of the Federal Republic of Germany, to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods.</p><br><p>(3) The exclusive legal venue for any disputes arising from or in connection with this agreement is Hannover.</p><br></section></main><footer class="thtrm-footer thtrm-footer--slim"><div class=thtrm-footer-navigation><div class=thtrm-constraint><div class=thtrm-table-layout><div class="thtrm-table-layout-row thtrm-table-layout-row--with-three-columns"><div class=thtrm-table-layout-cell><div class=thtrm-footer-navigation-wrapper><h4>Company</h4><ul class=thtrm-footer-navigation-list><li><a title="Training by thoughtram" href=/training.html>Training</a><li><a title="Angular Master Class" href=/angular-master-class.html>Angular Master Class</a><li><a title="Git Master Class" href=/git-master-class.html>Git Master Class</a><li><a title="Code Reviews by thoughtram" href=/code-review.html>Code Review</a><li><a title="thoughtram' Code Of Conduct" href=/code-of-conduct.html>Code Of Conduct</a></ul></div></div><div class=thtrm-table-layout-cell><div class=thtrm-footer-navigation-wrapper><h4>Platforms</h4><ul class=thtrm-footer-navigation-list><li><a title="High-quality articles by thoughtram" href=http://blog.thoughtram.io>Blog</a><li><a title="Videos and Screencasts by thoughtram" href=http://casts.thoughtram.io>Casts</a><li><a title="thoughtram events" href=http://www.eventbrite.de/o/thoughtram-6834864471>Events</a></ul></div></div><div class=thtrm-table-layout-cell><div class=thtrm-footer-navigation-wrapper><h4>Community</h4><ul class=thtrm-footer-navigation-list><li><a title="thoughtram on Twitter" href=http://twitter.com/thoughtram>Twitter</a><li><a title="thoughtram on Facebook" href=http://facebook.com/thoughtram>Facebook</a><li><a title="thoughtram on Youtube" href=https://www.youtube.com/channel/UCBn1x1RwoQkLmC8UPCNty0Q/featured>Youtube</a><li><a title="thoughtram on GitHub" href=http://github.com/thoughtram>GitHub</a></ul></div></div></div></div></div></div><div class=thtrm-footer-text><img class=thtrm-footer-logo alt="thoughtram brain" src=/assets/images/thoughtram-brain-white.png><p>This website was created in collaboration with <a href=http://twitter.com/timche_ title="Tim Cheung on Twitter"><strong>Tim Cheung</strong></a> and <a href=http://twitter.com/tim_hartmann_ title="Tim Hartmann on Twitter"><strong>Tim Hartmann</strong></a>.<p><a href=/code-of-conduct.html title="Code of Conduct">Code of Conduct</a> • <a href=/imprint.html title="Legal Notice">Legal notice</a><p class=thtrm-footer-bottom>© 2014-2020 thoughtram GmbH</div></footer><script src=scripts/main.min.js></script>