Special Terms and Conditions

General Terms and Conditions for Participants in BARC Events

§ 1 Scope

These General Terms and Conditions of BARC GmbH, Berliner Platz 7, 97080 Würzburg (hereinafter “BARC”), apply to all services provided by BARC in the context of conferences, symposiums, workshops, seminars, event series, and similar training offerings (hereinafter “Events”) that BARC provides for participants (hereinafter “Participants”) at such events. This also applies if BARC does not act as the sole organizer in individual cases.

Changes to these terms and conditions will be communicated to the Participant in writing or in text form. They are deemed approved if the Participant does not raise a written objection. The objection must be received by BARC within two weeks after the changes have been announced.

§ 2 Registration and Contract Conclusion

2.1. Offers from BARC for participation in Events are non-binding. Registrations for Events as Participants can only be made bindingly via the internet, in writing, or by email. The acceptance of the Participant’s registration by BARC is only binding when a confirmation of the registration is made by BARC at least in text form. The confirmation is usually sent by email. BARC decides on the acceptance of registrations by Participants. There is no entitlement to participate.

2.2. BARC reserves the right to make changes to the thematic structure and the selection of speakers, as well as to cancel or modify the minimum and maximum number of participants specified in the announcements for the Events. In exceptional cases, the Events offered in the seminar program may be postponed or canceled even after confirmation of participation due to too few participants, short-term illness-related absence of the speaker, or force majeure. In the event of insufficient participants, the Event will be canceled at the latest one week before the start of the Event. In the event of the cancellation of an Event, BARC will refund any seminar fees already paid. In the event of a postponement, the Participant has the right to withdraw from the contract within three working days after the announcement of the new date without giving reasons; otherwise, the Event is considered booked with the new date.

2.3. In the event of the cancellation or postponement of an Event by BARC, the Participant is not entitled to compensation for travel and accommodation expenses or loss of earnings, unless the damage occurs due to grossly negligent or intentional behavior on the part of BARC.

§ 3 Prices

The participation fee is per person and Event date, plus the applicable statutory value-added tax. It includes participation in lectures, Event materials, lunch, beverages during coffee breaks, and, if applicable, participation in an evening event. The seminar price includes participation in the booked seminars, seminar materials, lunch, and beverages during coffee breaks. Any changes will be communicated to the Participant on the respective Event website before booking begins. Deviations from the standard price, such as early bird offers or other discounts, are common and can be found in the respective offer. After the offer period expires, there is no retroactive entitlement to expired discounts.

Participation for only a few hours on an Event day does not entitle to a reduction in the daily Event price.

§ 4 Travel and Accommodation

The Participant is generally responsible for their own travel and accommodation.

§ 5 Payment Terms

The fees for attending the Event are due 14 days after the invoice is issued, without deduction.

Objections to invoices can only be considered if they are made in writing within 14 days after the invoice is issued, stating the reasons, to BARC.

In case of payment delay, default interest at the statutory rate must be paid, but at least 6% per annum. The first reminder after payment default is free of charge. For each subsequent reminder, an additional €5.00 reminder and processing fee will be charged.

§ 6 Substitute Participants

After receiving the confirmation of registration, the Participant can name a substitute participant in writing at no cost before the start of the Event.

§ 7 Cancellation by the Participant

Cancellations of registrations can be made in writing, by fax, or by email and are free of charge up to four weeks before the start of the Event. If the cancellation is received up to one week before the start of the Event, a cancellation fee of 50% of the Event fee will be charged. In the event of later cancellation or non-appearance, the full participation fee is due. However, the substitution of a registered participant is possible in accordance with § 6 of these terms and conditions.

§ 8 Termination by BARC

8.1. BARC is entitled to terminate the contract without notice and with immediate effect if the Participant is in arrears with the payment of the participation fee and the payment is not made even after a reasonable grace period has expired. The right to terminate the contract without notice for other reasons remains unaffected.

8.2. BARC is entitled to cancel the contract due to foreseeable low participation up to 30 days before the start of the contract. Foreseeable low participation exists if the minimum number of participants specified by BARC for the respective Event in advance and communicated to the Participant upon request is not reached. Payments already made will be refunded to the Participant at that time. In all other respects, the provisions of Section 2.3 of these terms and conditions also apply in this case.

§ 9 Termination Due to Force Majeure

9.1. In the event of the cancellation or termination of an Event due to force majeure, which is an external event that is not avoidable even with the utmost care, such as war, natural disasters, epidemics, BARC will refund any fees already paid. The refund is made proportionally, to the extent that the Event has already begun.

9.2. In the event of a postponement, the Participant has the right to withdraw from the contract within seven working days after the announcement of the new date without giving reasons; otherwise, the Event is considered booked with the new date.

§ 10 Photography and Audio Recordings

BARC reserves the right to film and photograph lectures, Participants, and exhibition booths. All rights to this material are held by BARC. The Participant and Partners/ Exhibitors/ Sponsors (Third Parties) consent to the publication of the recordings by booking the Event, but can object to the publication at any time. Participants are not entitled to make audio, film, or video recordings of the Event or Participants.

§ 11 Warranty and Liability

11.1. All Events are prepared and conducted with the utmost care. However, success in continuing education is not guaranteed.

11.2. BARC is not liable for damages caused by third parties (e.g., exhibitors, Participants, employees of the Event venue) unless BARC can be accused of intentional or grossly negligent selection fault.

11.3. BARC is liable for damages resulting from the negligent or intentional violation of a cardinal obligation by BARC or its legal representatives or vicarious agents in accordance with the statutory provisions. Cardinal obligations are obligations that make the proper execution of the contract possible in the first place and on whose compliance the Participant can regularly rely.

11.4. For damages not covered by the preceding paragraphs 2 and 3, BARC is liable if they result from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of BARC. However, liability is limited to the typical, foreseeable damage.

§ 12 Copyright

Regarding Event materials provided to a Participant in physical or electronic form during an Event, BARC grants the Participant a non-exclusive and non-transferable right of use for personal use. All rights, especially the right to reprint and reproduce Event materials or parts thereof, as well as public accessibility, remain reserved by BARC.

§ 13 Data Protection

BARC processes personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) exclusively for the fulfillment of contractual obligations (Art. 6 para. 1 b GDPR), based on the Participant’s consent (Art. 6 para. 1 a GDPR), based on legal requirements (Art. 6 para. 1 c GDPR), or to protect legitimate interests (Art. 6 para. 1 f GDPR). BARC is entitled to store and process the personal data entrusted to it by the Participant within the scope of the purpose of the contractual relationship and, if necessary for the performance of the contract, to transmit the data to third parties. The Participant consents to the data being disclosed, stored, and used for marketing purposes, especially to participating co-organizers as well as Partners/Exhibitors/Sponsors (Third Parties) from the areas of enterprise software and IT services, who may contact the Participant for marketing purposes. Furthermore, the contact details of the Participant are made available to other Participants through the participant list. The Third Party receives the address and contact data as well as data for proof of this consent, which it is responsible for processing independently in accordance with Article 13 GDPR and §32 BDSG. BARC is not responsible for the further use of the data disclosed to third parties. Reference is also made to the detailed privacy policy, the content of which is an integral part of these terms and conditions.

§ 14 Final Provisions

14.1. If any provision of these terms and conditions is or becomes invalid, this shall not affect the validity of the remaining provisions. The ineffective or invalidated provision shall be replaced by an effective provision that comes as close as possible to the meaning and purpose of the original provision.

14.2. Amendments require written form to be effective. This also applies to the waiver of the written form requirement. If one or more provisions of these clauses or the contract are or become invalid, the remaining provisions shall remain in effect.

14.3. German law exclusively applies to the contract. As far as permissible, Würzburg is agreed upon as the place of jurisdiction.

Special Conditions for Consulting Contracts

1. Scope of a Consulting Assignment and Proxy

1.1. The scope of a specific consulting assignment is contractually agreed on a case-by-case basis.

1.2. We are entitled to have the tasks assigned to us performed in whole or in part by third parties. The payment of the third party is solely made by us. There is no direct contractual relationship of any kind between the third party and the customer.

1.3. The customer undertakes, during and up to three years after the termination of this contractual relationship, not to enter into any business relationship with persons or companies that we use to fulfill our contractual obligations. In particular, the customer shall not engage these persons and companies to perform similar or related consulting services that we also offer.

2. Customer’s Duty to Inform and Declaration of Completeness

2.1. For consulting assignments, the customer ensures that the organizational framework conditions for the execution of the consulting assignment at its place of business allow for undisturbed work that promotes the rapid progress of the consulting process.

2.2. The customer will comprehensively inform us about previous or ongoing consulting engagements, even in other fields of expertise.

2.3. The customer ensures that all documents necessary for the fulfillment and execution of the consulting assignment are submitted to us in a timely manner and that we are informed of all events and circumstances that are relevant to the execution of the consulting assignment. This also applies to all documents, events, and circumstances that become known to us during our activities.

2.4. The customer ensures that its employees and, if legally required, the legally established employee representation (works council) are informed about this prior to the start of our activities.

3. Safeguarding Independence

3.1. The contracting parties mutually commit to loyalty.

3.2. The contracting parties mutually undertake to take all measures that are suitable to prevent the impairment of the independence of the third parties commissioned and our employees. This applies in particular to the customer’s offers of employment or the assumption of orders on its own account.

4. Reporting and Reporting Obligation

4.1. We undertake to provide reports to the customer on our work, that of our employees, and, if applicable, that of commissioned third parties, in accordance with the progress of work upon request by the customer.

4.2. The final report will be provided to the customer within a reasonable time after the completion of the assignment.

4.3. Within the scope of the consulting assignment, we are free to act at our discretion and in our own responsibility. We are not bound to a specific place of work or working hours.

5. Fees, Payment Terms

5.1. After the completion of the assignment, the customer will receive an invoice for the fee, including the applicable value-added tax, in accordance with the agreement reached. We are entitled to submit interim invoices and request progress payments in accordance with the progress of the assignment. The fee becomes due with each invoicing.

5.2. We are entitled to transmit invoices to the customer in electronic form. The customer expressly agrees to the receipt of invoices in electronic form.

5.3. Incurred cash expenses, expenses, travel costs, etc., must be reimbursed by the customer upon presentation of an invoice, without the need for a separate agreement. To the extent that the use of third parties or special tools results in costs that go beyond a normal level but are necessary to achieve the project objectives, these costs will be invoiced separately based on the effort, subject to prior agreement with the customer.

5.4. If the execution of the assignment is omitted for reasons that lie on the customer’s side or due to a justified premature termination of the contractual relationship by us, we retain the right to payment of the entire agreed fee, minus saved expenses. In the case of an hourly fee agreement, the fee for the number of hours expected for the entire assignment is to be paid, minus saved expenses. The saved expenses are fixed at 30 percent of the fee for those services that we have not yet provided by the date of the termination of the contractual relationship. The customer reserves the right to prove higher saved expenses.

5.5. In the event of non-payment of at least one interim invoice after a reminder and the expiry of a set payment period of at least two weeks, we are released from our obligation to provide further services. However, this does not affect any other claims resulting from non-payment.

6. Duration of a Consulting Contract

6.1. A consulting contract generally ends with the completion of the project or the expiration of the agreed consulting time.

6.2. Nevertheless, the contract can be terminated at any time by either party for good cause without observing a notice period. Good cause shall be deemed to exist, in particular:

• if a contracting party breaches essential contractual obligations or
• if insolvency proceedings are opened against the assets of one contracting party or
• if legitimate concerns exist regarding the customer’s creditworthiness and the customer neither makes advance payments at our request nor provides adequate security before our performance and the poor financial circumstances were not known to us at the time of contracting or
• if the customer attempts to poach employees of ours or third parties commissioned by us.

Special Terms and Conditions for the Purchase of Studies

1. Retention of Title

1.1 We reserve ownership of the delivered products until full payment of the purchase price (including VAT and shipping costs) for the respective products.

1.2 Without our prior written consent, the customer is not authorized to resell the delivered products subject to retention of title. In case of any resale, the customer hereby assigns the claims arising from the resale up to the amount of the purchase price payable to us, plus a surcharge of 20%. We hereby authorize the customer to collect the assigned claims in the ordinary course of business, with the right for us to revoke this authorization at any time.

2. Prices and Payment

2.1 The prices stated by us are net prices ex works. Additional or special services will be charged separately. Prices are quoted in EURO ex works, plus packaging, the applicable value-added tax, customs duties, fees, and other public levies for export deliveries.

2.2 Invoice amounts are to be paid within fourteen days without any deductions, unless otherwise agreed in writing. The date of payment is determined by the date of receipt in our account. If the customer fails to make payment when due, the outstanding amounts will incur interest at a rate of 8% p.a. from the due date; we reserve the right to claim higher interest and further damages in case of default.

2.3 Offsetting against counterclaims of the customer or withholding payments due to such claims is only permissible if the counterclaims are undisputed or legally established.

2.4 We are entitled to execute or deliver outstanding deliveries or services only against advance payment or provision of security if circumstances become known to us after the conclusion of the contract that significantly reduce the customer’s creditworthiness and jeopardize the payment of our outstanding claims against the customer.

3. Delivery and Delivery Time

3.1 Any delivery periods and dates for deliveries promised by us are always approximate, unless a fixed period or date has been expressly agreed upon. If shipment has been agreed upon, delivery periods and dates refer to the time of transfer to the carrier, freight forwarder, or other third party responsible for transportation.

3.2 We are not liable for impossibility of delivery or delays in delivery, as far as these are caused by force majeure or other events not foreseeable at the time of contract conclusion (e.g., operational disruptions of all kinds, transport delays, strikes, lawful lockouts, labor shortages, difficulties in procuring necessary official permits, official measures) that we are not responsible for. If such events make the delivery substantially more difficult or impossible and the hindrance is not merely of a temporary nature, we shall be entitled to withdraw from the contract. In case of temporary hindrances, the delivery periods shall be extended or the delivery dates postponed by the period of hindrance plus a reasonable lead time.

3.3 We are entitled to partial deliveries if this does not result in significant additional effort or additional costs for the customer (unless the customer agrees to bear these costs).

3.4 If we are in default with a delivery or if delivery becomes impossible for any reason, our liability is limited in accordance with Clause 4 of these General Terms and Conditions.

Terms of Use for Digital Subscriptions (BARC+)

§ 1 Description of the Service

The digital subscription BARC+ offers you access to all articles, videos, and studies on barc.com with your email address and password, with the exception of the study “Software Systems for Project Management.”

The service requires registration and payment. You can purchase the digital subscription either directly through the website or by making a contact request. After the termination of the digital subscription, access to paid digital publications will no longer be possible.

When you subscribe, you will also receive the corresponding BARC newsletter and similar offers via email. You can unsubscribe from newsletters and offer emails at any time through a link in the respective newsletter email.

As long as we do not receive a corresponding objection, we will continue to send newsletters and offer emails to you even beyond the duration of your subscription.

For more information on our digital subscription and current prices, please see here.

§ 2 Registration and Conclusion of the Contract

To use the digital subscription, you must register as a user and enter your desired order data. When ordering a BARC+ subscription through the website www.barc.com, you have the opportunity to review and correct your entries. You place your order by pressing the “Order Now” button. The order process can be terminated at any time until then. We will then activate your access and send you a confirmation email. The contract is concluded with the receipt of this email.

The right to use the content is limited to the person registered as a user within a company. Use by other persons is not permitted.

The transfer of BARC+ subscriptions by the customer to third parties requires the express consent of BARC during the contract term. A contract transfer with all rights and obligations generally must be sent in writing to BARC and must be signed by both the contract assignor and assignee. The consent of BARC is considered granted only upon the written confirmation of the contract amendment.

If you are interested in multiple access points to BARC+ or licenses as part of corporate subscriptions, we also offer corporate access for a flexible number of users within departments or for the entire company. We would be happy to provide you with an individual offer. Please get in touch.

§ 3 Prices and Payment Modalities

The price for BARC+ at the time of contract conclusion applies. BARC+ subscription prices include the applicable statutory value-added tax.

Any connection costs to the subscriber’s respective internet or mobile service provider are not included.

Depending on the selected product, the customer can choose between credit card, invoice, and online payment methods offered by BARC (e.g., PayPal, instant bank transfer, etc.) for payment. BARC+ fees are to be paid in advance. The respective BARC+ price becomes due upon receipt of the invoice or the start of the BARC+ subscription and is to be transferred to the bank account listed in the invoice or debited from the specified credit card. For the use of an online payment method, the customer must be registered with the respective payment service, and the terms and conditions of use associated with that service apply to this contractual relationship.

The BARC+ subscriber agrees to receive invoices from BARC at the email address provided.

BARC reserves the right to change BARC+ prices with effect for future contract renewals. The subscriber will be notified of the price change for the upcoming renewal period at least 6 weeks before the new prices take effect. The subscriber then has the option to decide whether to renew the subscription at the new terms or not.

Discounted rates for students, if offered, can only be granted upon presentation of a valid student ID.

Companies have the option to access BARC+ content through “corporate offers.” Under these corporate offers, a defined number of users within a company or organization gain digital access to BARC+ content. Typically, access for individual users is password-protected, using the user’s assigned login credentials (email address/username and password). The number of authorized users, the price, and the duration for these corporate accesses to the BARC+ subscription are defined centrally by BARC in an individual offer for the company or organization. Billing is done centrally for all users in a single invoice sent to a contact person within the company or organization.

In case of payment default, BARC is entitled to terminate the supply contract without notice after sending a reminder and setting a grace period. The default damage, including reminder costs, is at the expense of the subscriber.

§ 4 Termination

For cancellations of annual BARC+ subscriptions, a notice period of 4 weeks prior to the end of the subscription period applies. The cancellation can be made in the login area under the “Subscriptions” tab. Cancellation before the end of the initial commitment period is not possible. For the extension of the BARC+ subscription after the end of the initial commitment period (follow-up subscription for the next 12 months), a monthly notice period applies.

The BARC+ subscription continues beyond the agreed minimum term, even after the end of an agreed minimum supply period, unless terminated in a timely manner. Explicitly limited BARC+ subscriptions end at the agreed contract end, unless otherwise agreed upon at contract conclusion.

§ 5 Copyright

The use of our publications, particularly editorial content and our research, is only permitted for personal, non-commercial purposes. Transfer of content to third parties, regardless of the purpose and nature of the transfer, is prohibited.

Users are not allowed to copy digital content (including bypassing any copy protection) and make it available to third parties for use in any form, online or offline.

Any use or exploitation of BARC’s copyrighted content beyond the scope of this contract, especially through reproduction, distribution, digitization, storage—regardless of the medium and technical design—is impermissible and subject to legal penalties.

§ 6 Liability and Warranty

BARC strives to provide access to all digital content of BARC+ 24 hours a day, 7 days a week, but cannot guarantee this.

BARC is not liable for the continuous availability of the online connection and server accessibility. BARC is not liable for the non-appearance of digital content due to internet disruptions, force majeure, disruptions to labor peace, or in the event of operational interruptions or system failures. Temporary operational interruptions due to routine maintenance times, inherent disruptions with external providers or network operators, as well as force majeure, are possible. BARC is not liable for data loss or compatibility problems caused by the user.

BARC’s liability for damages to the customer due to intentional or grossly negligent behavior of BARC, for personal injury, and for damages under the Product Liability Act is unlimited, as per the legal provisions. This also applies to damages caused by agents of BARC.

If BARC is not liable due to a warranty it has assumed, liability for damages claims is otherwise limited as follows: For damages caused by slight negligence, BARC is only liable to the extent that these are based on the violation of material contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfillment enables the proper execution of the contract and on which the contracting partner can rely. BARC’s liability for simple negligence under this provision is limited to the typically foreseeable damage. This damage claim expires 12 months after the content has been made available.

The above provisions apply accordingly to the limitation of the obligation to reimburse expenses and in favor of BARC’s employees, representatives, and agents.

Statutory warranty rights exist.

§ 7 Subscriber Obligations

The subscriber is obligated to accept the offered service for the duration of the contractual relationship and to pay the agreed price for BARC+.

The customer must promptly notify changes affecting the provision of services and the contractual relationship, at least 10 days before the desired change date.