Terms of Service
Practice Training LMS
For the sake of readability, personal designations are used in a neutral or grammatically uniform form. They apply equally to all genders (m/f/d).
§ 1 Scope
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contractual relationships between Jennifer Ziegler, Praxistrainings-LMS, Kösters Kamp 11, 31840 Hessisch Oldendorf (hereinafter "Praxistrainings-LMS") and her clients regarding training courses, workshops, e-learning, consulting services, internal audits, and other individually agreed professional services. The version valid at the time of conclusion of the contract shall apply.
(2) For the purposes of these Terms and Conditions, customers are exclusively entrepreneurs as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. Consumers as defined in Section 13 of the German Civil Code (BGB) cannot conclude a contract on the basis of these Terms and Conditions.
(3) The term „training“ includes, in particular, training and knowledge content offered as e-learning, online courses, blended learning courses, classroom training, or in-house training. „Consulting services“ include, in particular, individually agreed-upon professional consulting, support, analysis, and project services. „Internal audits“ include, in particular, their preparation, planning, execution, documentation, and follow-up, as well as comparable reviews. Training, consulting services, internal audits, and other professional services are hereinafter collectively referred to as „services.“.
(4) The type, scope, content, place of performance, remuneration, and performance period are set out in the respective offer, booking or order confirmation, and any supplementary individual agreements. Individual agreements take precedence over these General Terms and Conditions.
(5) Amendments and modifications to the agreements made, including these General Terms and Conditions, must be in writing. Transmission by email is sufficient to satisfy this requirement.
(6) Any differing terms and conditions of the customer shall not apply unless their validity has been expressly agreed to in writing.
§ 2 Booking process and conclusion of contract
(1) The description of a service on the website www.praxistrainings-lms.de This does not yet constitute a legally binding offer. The customer has the opportunity to submit a binding offer to Praxistrainings-LMS for the conclusion of a contract.
(2) For training courses bookable via the website, the customer selects the desired offer by clicking on „Add to cart“ or, in the case of booking on account or as a group, on "View & book dates", „Book on account“ or „Group booking“.
(3) For e-learning courses, after selecting the "Add to cart" button, the customer can review their selection via "View cart". Until the booking is submitted, they can correct input errors, remove or add services. For "Book on invoice", "View & book dates", or "Group booking", the customer enters the required data in the respective form.
(4) When booking via the shopping cart, the customer then clicks on „Proceed to checkout“, enters the required contact and billing details and selects one of the payment methods offered.
(5) By selecting the "Order with obligation to pay" button, the customer submits a binding offer. In the case of booking on account or group booking, this is done by selecting the "Submit" button.
(6) For online training courses and blended learning courses, the customer is directed to the booking form „Registration for a training course at Praxistrainings-LMS“. There, they select the training course and the date and enter the required contact and billing information. By selecting the „Submit“ button, the customer submits a binding offer.
(7) Consulting services, internal audits, in-house training, and other individually agreed services are booked on the basis of an individual offer. The contract is concluded as soon as the customer accepts the offer in writing or Praxistrainings-LMS confirms the order in writing. If, at the customer's request, Praxistrainings-LMS begins providing the service earlier, the contract is concluded upon commencement of the service.
(8) For bookings made via the website, the contract is concluded upon confirmation of the booking by Praxistrainings-LMS via email. An automatically sent confirmation of receipt constitutes acceptance of the contract only if it is expressly designated as a booking or order confirmation.
(9) The contract text will be stored and transmitted to the customer upon request.
(10) Access and participation information, in particular username, password or links to the e-learning or virtual classroom, will be provided by email.
(11) Praxistrainings-LMS is entitled to refuse bookings and orders before the conclusion of the contract without giving reasons.
§ 3 Services of Practical Training LMS
(1) Praxistrainings-LMS shall provide the services agreed upon in the respective contract with the customary care. Praxistrainings-LMS is entitled to engage qualified instructors or other agents, unless personal performance of the services by Jennifer Ziegler has been expressly agreed upon.
(2) No specific learning or implementation outcome is guaranteed during training. This depends in particular on the prior knowledge, participation, and willingness to learn of the participants.
(3) Consulting services and internal audits are professional services based on the information available at the time of service provision and the agreed scope of the engagement. No specific economic, regulatory, legal, or certification-related outcome is guaranteed. In particular, no guarantee is given that regulatory inspections, customer, supplier, or certification audits will be passed, or that certifications will be granted or maintained.
(4) Internal audits are conducted on a random basis unless otherwise agreed. Findings and reports relate to the areas, documents, information, and circumstances accessible at the time of the audit. They do not replace legal advice or an audit by authorities, certification bodies, or other competent third parties.
(5) Where agreed, participants will receive training materials in electronic form. The type and selection of presentation and working materials are at the discretion of Praxistrainings-LMS.
(6) The customer shall provide, at its own expense, the technical equipment required for the respective service, in particular functioning hardware and software as well as a sufficient internet connection. Praxistrainings-LMS shall provide the agreed access.
(7) Participants will receive a certificate of attendance upon successful completion of a training course, provided this is stipulated for the respective training course. For e-learning courses, the certificate is regularly made available via the user account.
(8) Services that go beyond the agreed scope of the order will only be provided after consultation with the customer and will be remunerated according to the agreed time expenditure, or, if necessary, according to the usual time expenditure.
§ 4 Remuneration, prices and incidental costs
(1) The net remuneration shown in the respective offer, booking process or order confirmation applies, plus statutory value added tax.
(2) For training courses, the expressly stipulated training materials are included in the fee. Partial participation or use of the training does not entitle the participant to a reduction of the agreed fee.
(3) Travel time, transportation, travel, accommodation, and other project-related incidental expenses will be charged separately, unless they are already included in the remuneration according to the offer. The basis for calculation is set out in the respective offer. Third-party costs will be charged upon presentation of proof and in the actual amount incurred.
(4) Other costs incurred by the customer, in particular for premises, internal contacts, technical equipment, software and internet access, shall be borne by the customer.
§ 5 Payment Terms
(1) If a payment system is selected during the booking process, the payment will be collected in accordance with the selected payment service. The customer may be redirected to the payment service provider's website for this purpose.
(2) Otherwise, invoicing takes place after booking or order confirmation or in accordance with the individual offer. Invoices are due without deduction within 30 (thirty) days of receipt.
(3) Praxistrainings-LMS is entitled to demand reasonable advance payments for individually agreed services that have been provided in accordance with the contract and that can be clearly defined, unless otherwise agreed.
§ 6 Withdrawals, cancellations and postponements
(1) Cancellations, postponements, and rescheduling requests by the customer must be in writing, for example, by email. The date of receipt of the declaration by Praxistrainings-LMS is decisive for calculating the following deadlines.
(2) For online and blended learning courses, the following cancellation fees apply in the event of cancellation:
a. up to 28 calendar days before the start of the event: 10 % of the agreed course fee;
b. 27 to 8 calendar days before the start of the event: 50 % of the agreed course fee;
c. from 7 calendar days before the start of the event or in case of non-attendance: 100 % of the agreed course fee.
The customer may nominate a suitable substitute participant before the event begins. In this case, the cancellation fee will be waived, provided that no additional costs are incurred and the substitute participant meets all personal participation requirements.
(3) Once a booked e-learning course has been provided or activated, cancellation is no longer possible unless expressly agreed otherwise. Statutory rights of withdrawal, termination, and other rights of rescission remain unaffected.
(4) For individually agreed in-house training courses, consulting services and internal audits for which a specific date or period has been reserved, the following cancellation fees apply in the event of cancellation by the customer:
a. up to 28 calendar days before the agreed start of services: 10 % of the agreed fee;
b. 27 to 8 calendar days before the agreed start of services: 50 % of the agreed fee;
c. from 7 calendar days before the agreed start of services as well as in case of failure to use the agreed appointment: 100 % of the agreed fee.
This also applies if the agreed service cannot be provided, or cannot be provided in full, for reasons within the customer's sphere of responsibility, in particular because necessary contact persons, documents, information, access, premises or other agreed prerequisites are not available in a timely manner.
(5) The customer expressly reserves the right to prove that Praxistrainings-LMS incurred no damage or significantly less damage as a result of the cancellation or non-utilization. In this case, only the proven lower amount is owed. Any expenses saved and any fees that Praxistrainings-LMS earns or maliciously fails to earn through alternative use of the vacated appointment will be credited.
(6) A single rescheduling of the appointment is free of charge if the request for rescheduling is received by Praxistrainings-LMS in writing no later than 28 calendar days before the agreed start date and the rescheduled appointment – subject to availability – takes place within three months of the originally agreed start date. If the request for rescheduling is received 27 to 8 calendar days before the agreed start date, 25% of the agreed fee will be charged as a rescheduling fee. From 7 calendar days before the agreed start date, the cancellation regulations according to paragraph 4 apply accordingly. Any further rescheduling, regardless of when it occurs, will be treated as a cancellation according to paragraph 4. A new appointment must be scheduled for a rescheduled appointment. Paragraphs 5 and 7 apply accordingly.
(7) Existing external, travel, accommodation or other project-related costs that are no longer refundable may be charged additionally in the proven actual amount.
(8) The customer’s statutory rights of withdrawal, termination and other rights of rescission remain unaffected.
§ 7 Cancellation or Postponement by Practical Training LMS
(1) Praxistrainings-LMS may cancel or postpone open training courses if there are too few participants. The customer will generally be informed of this at least 7 calendar days before the start of the event.
(2) If a service is cancelled due to illness, force majeure, or other unforeseeable events beyond the control of Praxistrainings-LMS, Praxistrainings-LMS may appoint a suitable substitute speaker or offer an alternative date. If it is not possible to conduct the service within a reasonable timeframe or if it is unreasonable for the client, any fees already paid for the cancelled service will be refunded. Further claims are governed by Section 11.
§ 8 Customer and Participant Obligations to Cooperate
(1) The customer shall provide Praxistrainings-LMS with all information, documents, access, contact persons, work equipment and premises necessary for the contractual services in a timely manner, completely and in a suitable form. The customer shall point out any identifiable special risks, security requirements and operational regulations at the place of performance.
(2) Insofar as employers make bookings for employees, it is the employer’s responsibility to inform the employees about the necessary processing and disclosure of their personal data, in particular their first name, last name and, where applicable, email address.
(3) Participants must create the required user account for e-learning courses and provide the necessary data accurately. Access data is personal and must not be disclosed to unauthorized third parties.
(4) The customer and the participants are responsible for the implementation of training, consulting and audit results and for deciding on any resulting measures, unless implementation by Praxistrainings-LMS has been expressly agreed.
(5) Participants shall comply with the appropriate organisational, technical and safety instructions of Praxistrainings-LMS.
(6) The customer is responsible for independently monitoring and complying with statutory, regulatory, customer-related and certification-related deadlines, as well as training, testing and documentation obligations.
(7) If additional expenses arise due to the customer's failure to cooperate in a timely or complete manner, Praxistrainings-LMS may charge for these expenses after prior consultation and based on the agreed, or alternatively, the usual, time expenditure. Further statutory rights remain unaffected.
§ 9 Right of withdrawal
Consumers do not have a statutory right of withdrawal, as contracts based on these terms and conditions are concluded exclusively with entrepreneurs, legal entities under public law and special funds under public law.
§ 10 Warranty Rights and Performance Limits
(1) Praxistrainings-LMS carefully prepares the agreed services and carries them out professionally based on the agreed scope of services. The statutory warranty rights apply unless otherwise effectively stipulated in these terms and conditions.
(2) Information, recommendations, audit findings and documents are based on the state of knowledge available at the time of service provision and the information provided or accessible by the customer. The success and performance limits described in Section 3, paragraphs 2 to 4, remain unaffected.
(3) Praxistrainings-LMS shall only be liable for errors in translations, data, documents or information provided by the customer or by third parties if Praxistrainings-LMS is responsible for these errors.
(4) According to the current state of technology, error-free and uninterrupted data communication via the Internet cannot be guaranteed at all times. Temporary outages not attributable to Praxistrainings-LMS do not give rise to any claims; Section 11 remains unaffected.
(5) Contractual claims of the customer shall become time-barred one year from the commencement of the statutory limitation period. This shall not apply to claims based on intent or gross negligence, injury to life, body or health, fraudulent concealment of a defect, arising from a guarantee, under the Product Liability Act or in other cases where the law mandatorily provides for a longer limitation period.
§ 11 Liability for damages
(1) Praxistrainings-LMS shall be liable without limitation for damages resulting from intentional or grossly negligent breach of duty, from injury to life, body or health, on the basis of an assumed guarantee, in the case of fraudulent concealment of a defect and in accordance with the Product Liability Act.
(2) In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable, typical damage at the time of conclusion of the contract. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
(3) Furthermore, liability for damage caused by slight negligence is excluded.
(4) The foregoing limitations of liability shall also apply in favor of the legal representatives, employees and other agents of Praxistrainings-LMS.
§ 12 Data Protection and Confidentiality
(1) Praxistrainings-LMS processes personal data of the customer and the participants in accordance with the applicable data protection regulations and in accordance with the Data protection.
(2) Where an agreement pursuant to Article 28 GDPR is required for the processing of personal data on behalf of the customer, the parties shall conclude this agreement separately before the commencement of the processing in question.
(3) Both parties shall treat as confidential all business and operational information of the other party that comes to their knowledge during the performance of this contract, whether designated as confidential or confidential by its nature. They shall use this information exclusively for the performance of this contract and shall only make it accessible to those employees and agents who require it for the performance of their services and who are accordingly bound to confidentiality.
(4) The confidentiality obligation does not apply to information that is demonstrably in the public domain or becomes publicly known without breach of any confidentiality obligation, was already lawfully known to the receiving party, was lawfully disclosed by an authorized third party, or was independently developed. Statutory disclosure obligations remain unaffected; the other party will be informed of this in advance to the extent legally permissible.
§ 13 Copyright and rights of use
(1) All copyrights and other intellectual property rights to training, consulting and audit documents, concepts, templates, presentations, reports, software and audio and video material provided by Praxistrainings-LMS remain with Praxistrainings-LMS or the respective rights holder.
(2) Unless otherwise agreed, the customer receives a simple, perpetual, non-transferable right to use the documents and results provided under the contract for its own internal business purposes. Audit reports may be forwarded to certification bodies, authorities, customers, and other entities, provided this is consistent with the agreed purpose of the audit. Copyright and source notices may not be removed.
(3) Any further reproduction, modification, publication, public dissemination, transfer to third parties, or use for the company's own training or consulting services requires the prior written consent of Praxistrainings-LMS. Legally permitted uses remain unaffected.
(4) Video and audio recordings of trainings, consultations or audits are not permitted without the prior consent of Praxistrainings-LMS and the persons concerned.
§ 14 Final Provisions
(1) The contractual relationship shall be governed by the law of the Federal Republic of Germany.
(2) The language of the contract is German.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Hameln. Mandatory places of jurisdiction under applicable law remain unaffected.
§ 15 Responsible for the content
Jennifer Ziegler
Practice Training LMS
Kösters Kamp 11
31840 Hessian Oldendorf
Telephone: +49 5152-7800574
Email: jennifer.ziegler@praxistrainings-LMS.de
VAT identification number: DE346203134
As of September 3, 2026
- Amendment of 03.09.2026: Booking process for online training courses clarified, new: § 2 para. 6; scope and terms of service extended to consulting services and internal audits; cancellations and rescheduling including the associated costs newly worded in § 6.
- Amendment dated 11.12.2025: Shortening of the company name from „Praxistrainings-Lebensmittelsicherheit“ to „Praxistrainings-LMS“.
- Amendment of 30.05.2024: Section 5 Payment Terms Paragraph 2 – Payment period increased from seven days to thirty days.
- Amendment of 06.10.2023: Section 8 paragraph 2 newly added, numbering changed and paragraph 2 supplemented with „for e-learnings“.
- Amendment dated 08.05.2023: Section 2 Booking process updated.
