General Terms and Conditions Living Software Ltd
regarding training, courses & workshops with open enrollment.

Article 1 General
Article 2 Booking and Confirmation
Article 3 Execution of the Agreement
Article 4 Cancellation or Changes by the Participant
Article 5 Cancellation or Changes by Living Software Ltd
Article 6 Payment
Article 7 Liability
Article 8 Confidentiality
Article 9 Intellectual Property and Copyrights
Article 10 Privacy and Data Protection
Article 11 Applicable Law and Disputes
Company information

Article 1 General

These terms and conditions shall apply to each and every agreement regarding training, courses, and workshops with open enrolment (hereafter indicated by ’course’) between Living Software Ltd and a participant, to which Living Software Ltd has declared the present terms and conditions applicable.
Possible deviations from the present general terms and conditions shall only be valid provided they have been explicitly agreed upon in writing. The applicability of participant’s possible purchase or other conditions is explicitly rejected.

Article 2 Booking and Confirmation

The agreement between Living Software Ltd and a participant shall come into effect by sending in a registration form by letter, fax, e-mail or via the website, unless Living Software Ltd notifies the participant otherwise within a week after receiving the registration form, for example in case the maximum number of participants for a course has been reached. The participant will receive a confirmation in writing and an invoice.
Registration takes place on a first come, first served basis. If the maximum number of participants for a course is reached, then the participant shall be placed on a waiting list.
A booking should only be deemed to be accepted when Living Software Ltd issues an invoice in respect of the booking.
By act of registering, the participant agrees to these general terms and conditions.

Article 3 Execution of the Agreement

Living Software Ltd shall execute the agreement to the best of its’ knowledge and ability, in accordance with the requirements of good craftsmanship and the state of the art.
If and in so far required for the proper delivery of the course, Living Software Ltd shall have the right to have certain work done by third parties.
The participant is required:
- to arrive in time for the course
- to behave in such a way during the course that their behaviour shall not disturb the course
- to act and communicate in compliance with the normal proper rules of behaviour
If the participant completes the course in a regular way, they will receive a certificate of participation from Living Software Ltd.
Living Software Ltd shall be entitled to remove a misbehaving participant from the course, if, in the opinion of Living Software Ltd, the participant’s behaviour disturbs the course. In this case, the participant shall not be entitled to a refund of the course fee or a certificate of participation.

Article 4 Cancellation or Changes by the Participant

Notification of cancellation must be made in writing. The following fees shall be due, based on the date the notification is received:
- More than 2 months before the start of the course: £ 25
- Within 2 months before the start: 25% of the course fee
- Within 30 days before the start: 50% of the course fee
- Within 2 weeks before the start: 100% of the course fee
After consultation with Living Software Ltd, a substitute may be provided at no extra costs. The participant shall remain responsible for payment.
After consultation with Living Software Ltd, the participant can move the registration to a different date, unless the number of participants for the course would fall below the minimum required. Moving a registration shall incur costs.
If the participant withdraws from the course or does not show up, they shall not be entitled to a refund of the course fee.

Article 5 Cancellation or Changes by Living Software Ltd

Living Software Ltd shall be entitled to cancel the course, for example in case of not enough participants. In this case, all amounts paid will be refunded to the participant.
Living Software Ltd shall be entitled to change the date, the times, or the location of the course. Living Software Ltd will notify the participant in writing of these changes as soon as possible.
If the participant is not able to attend the course on the changed date or time or at the changed location, then the participant shall notify Living Software Ltd within a week after receiving notification of the changes. All amounts paid will be refunded, unless Living Software Ltd offers the participant the opportunity to attend the course within a reasonable term.

Article 6 Payment

Payment must be made ultimately 3 days before the start of the course.
Living Software Ltd shall be entitled to ask a deposit of 25% of the course fee, due within 30 days of the invoice date.
If the participant fails to fulfil their payment obligation, Living Software Ltd shall be entitled to refuse the participant access to the course, without prejudice to the participant’s obligation to pay the amounts due.
If payment is overdue, then the participant shall be required to pay an interest on the amount due of 1% per month, where part of a month is regarded as a full month.
If the participant fails to fulfil his payment obligations, even after receiving a notice of default, the participant shall be required to pay extrajudicial costs of 15% of the amount due, with a minimum of £ 200.

Article 7 Liability

If Living Software Ltd is liable for direct damage, this liability shall under all circumstances be limited to a maximum of the amount of the invoice.
Living Software Ltd shall never be liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business stagnation.

Article 8 Confidentiality

Both parties shall be bound to secrecy of all confidential information they have received within the scope of the course from each other or from another source, except if a statutory provision or a judicial decision compels Living Software Ltd to convey confidential information to third parties designated by law or by the court. Information shall be considered to be confidential if the other party has indicated so or if the confidential character results from the nature of the information.

Article 9 Intellectual Property and Copyrights

Living Software Ltd reserves the rights and authorities to which Living Software Ltd is entitled under the Copyright Act.
The intellectual property rights of all documents provided by Living Software Ltd, such as course materials, reports, designs, sketches, drawings, software, etc., are owned by Living Software Ltd. These documents shall be destined to be used by the participant exclusively and may not be reproduced, made public or brought to the notice of third parties by the participant without prior consent from Living Software Ltd, unless the nature of the documents provided dictates otherwise.
Living Software Ltd shall reserve the right to use the knowledge gained due to the execution of the work for other purposes, provided that no confidential information shall be brought to the notice of third parties when doing so.

Article 10 Privacy and Data Protection

Registration information will be stored in a database of Living Software Ltd. This information will only be used to organize the course and to keep the participant informed about activities by Living Software Ltd and QWAN – Quality Without a Name.
Living Software Ltd will process any personal data in a responsible and careful way, in compliance with the EU General Data Protection Regulation (GDPR) and applicable UK laws. Living Software Ltd is registered with the UK ICO (Information Commisioners’ office): data protection register number ZB030684. For further information, Living Software Ltd refers to the privacy statement: https://www.qwan.eu/privacy
In addition to the previous, Living Software Ltd will take appropriate technical and organizational measures to protect personal data of participants from loss or any other form of illegitimate processing, taking into account current state of technology and the reasons for processing.

Article 11 Applicable Law and Disputes

UK law shall apply to each and every agreement between Living Software Ltd and the participant.
Parties shall only refer the matter to the court if they have done their utmost to solve the dispute in mutual consultations.

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