Terms and Conditions airsight Singapore Pte. Ltd.

1. General

1.1 All services of airsight Singapore Pte. Ltd. are based on the following General Terms and Conditions as provided herein or in their most recent version uploaded by airsight Singapore Pte. Ltd. from time to time at this website www.airsight.de/company/terms-and-conditions-airsight-pte-ltd-singapore/.

1.2 Any contradictory or additional conditions on the part of the Client are hereby expressly excluded. Any conditions of the Client which are different or additional to these General Terms and Conditions will only apply with the prior written agreement airsight Singapore Pte. Ltd.

1.3 Any amendments and additions to the Agreement must be effected in writing to be valid. This also applies to agreements which cancel or amend the written form requirement.

2. Remuneration, payment conditions, defaults, compensation, retentions, title retentions

2.1 Insofar as services are calculated according to costs incurred by airsight Singapore Pte. Ltd., the offer made to the Client shall be the basis of airsight Singapore Pte. Ltd.’s remuneration. In this case the employees of airsight Singapore Pte. Ltd. will maintain a list of daily working hours, positions worked on and types of activity.

2.2 Should the Client fail to make payment within seven (7) days of the date of the invoice, then airsight Singapore Pte. Ltd. has the right to charge default interest at the rate of 2% p.a. over the prime rate of a leading bank in Singapore for the overdue amounts calculated on a daily basis from the due date to the date of payment. . airsight PTE. LTD retains the right to produce evidence of more serious damages which has been caused by the Client and which must be compensated by him. However, if the Client can prove that no damages or much lower damages have resulted from the delay, then the Client is only obliged to pay compensation for these damages.

2.3 The Client is only entitled to set-off any claims it may have against payments due to airsight PTE. LTD with the prior written consent of airsight Singapore Pte. Ltd.

2.4 airsight Singapore Pte. Ltd. retains title to goods until such time as all claims, including claims for payment and claims arising from other orders, deliveries and ancillary claims, have been completely paid in full. This retention of title also applies to any property rights relating to intellectual property rights and copyright.

3. Secrecy/data protection

3.1 airsight Singapore Pte. Ltd. is bound to treat as confidential all commercial and operating secrets and all information designated as confidential which it is privy to in the course of carrying out the contract. Such information may only be divulged to third parties upon written permission of the Client.

3.2 The Client is bound to treat as confidential all information which he is privy to in connection with the Agreement, the offer and contract execution. In particular, the Client is not permitted to divulge, reveal or pass on to a third party or in any way use the contents of the offer made by airsight Singapore Pte. Ltd. without the prior written consent of airsight Singapore Pte. Ltd.

3.3 airsight Singapore Pte. Ltd. is bound to treat as confidential all data received from the contracting partner. The data will be used exclusively in the execution of existing contracts and for internal purposes. In particular, it is not permitted to pass on data to a third party without the Client's express permission.

4. Client 's obligation to cooperate

The Client must ensure that airsight Singapore Pte. Ltd. is provided with all documentation required to carry out their activities in a timely manner and that they are advised of all processes and circumstances. This also applies to documentation, processes and circumstances which only become known during the activities of airsight Singapore Pte. Ltd.

5. Interruptions to service provision

5.1. airsight Singapore Pte. Ltd. shall not be liable for any delays or failure to perform any obligation under any contract which is due to an event beyond the control of airsight Singapore Pte. Ltd. including but not limited to any act of God, pandemic, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, strikes, lack of transportation, embargos, uprising, earthquake, flood or any other natural or man-made eventuality outside of its control, which would serve as grounds for termination of any contract entered into and which could not have been reasonably foreseen.

5.2. airsight Singapore Pte. Ltd. shall be within its rights to discontinue its services, withdraw from the contract, refuse to sign a contract or enter into any cooperation with the Client in a place of performance in which, at airsight Singapore Pte. Ltd.'s absolute discretion, the security situation is tense.

5.3. The Client shall not be entitled for the above- mentioned reasons to any compensation for any loss in the non-provision of the services or delays.

5.4. The Client shall reimburse and indemnify airsight Singapore Pte. Ltd. for all increased expenses and additional expenses arising from airsight Singapore Pte. Ltd.’s continued provision of services during interruptions and changes to it services for security and safety purposes.

6. Liability

6.1. airsight Singapore Pte. Ltd. is liable for damages in the event that they are caused by a culpable breach of material contract obligations in a manner which compromises the aims of the contract or by gross negligence or wilful default on the part of airsight Singapore Pte. Ltd.

6.2 airsight Singapore Pte. Ltd. is not liable for indirect damages, consequential damages resulting from incidents such as business interruption or loss of profits. In particular, no liability will be accepted for such damages which result from faulty execution of an update, an instruction by the support team and/or insufficient data security.

6.3 The parties are agreed that the total liability of airsight Singapore Pte. Ltd. is limited to the amount of the respective order and such damages which are normally to be anticipated within the framework of the contract.

6.4. airsight Singapore Pte. Ltd. accepts no liability whatsoever for any damages which result from the Client's use of software which breaches the terms of the contract.

6.5 All claims for damages must be brought to airsight Singapore Pte. Ltd.’s attention within three months of the alleged breach.

7. Contract Conclusion

7.1.
a) Contract conclusion of public training courses
Registration for training courses must be made with the registration form on the airsight Singapore Pte. Ltd. website. After registering, the Client will receive a written confirmation with all the necessary information about the course. The contract is valid from the Client's receipt of the registration confirmation.

b) Contract conclusion of In-house training courses
Upon request, the Client receives a proposal for the In-house training course. The contract is concluded by the Client’s written acceptance of the proposal.

7.2. Invoicing and Payment Payments for the training courses are due and payable upon issue of invoice by airsight Singapore Pte. Ltd. All payments are to be made without set-offs or deductions and are to be free of charges or costs. Charges for bank transfers shall be borne by the Client.

8. Cancellation policy

a) Cancellation of public training courses
All cancellations of training courses must be made in writing. Substitute participants will be accepted. No cancellation fees will be charged if bookings are cancelled more than four weeks prior to commencement of the training course. If bookings are cancelled four to two weeks prior to commencement of the training course, 30% of the course fee and all costs for additional services booked for the participant (accommodation and food) will be retained. For any booking cancellations made later than two weeks prior to commencement or non-appearance at the course, 100% of the course fee and all costs for additional services booked for the participant must be charged. airsight Singapore Pte. Ltd. reserves the right to cancel or postpone training courses until three weeks prior to commencement of the training course for reasons such as insufficiently high participant numbers. If cancelled by airsight PTE. LTD, course fees will be refunded immediately. All other customer claims or claims of third parties are void. In case of a later cancellation of a training course due to force majeure or other unforeseen circumstances (such as an accident or illness of the trainer), liability of airsight Singapore Pte. Ltd. is limited to reimbursement of invoice amounts already paid to airsight Singapore Pte. Ltd. All other customer claims or claims of third parties are void. Please also refer to point 5 of these General Terms and Conditions.

b) Cancellation of In-house training courses
Cancellations of In-house training courses by the Client must be made in writing. Cancellations up to four weeks prior to commencement of the In-house training course will be charged with a fee of 3,000 SGD. Should airsight Singapore Pte. Ltd. incur cancellation costs for travel bookings and hotel accommodation, these costs will also be passed on to the Client.  For later cancellations, 80% of the booked services will be charged. Instead of the Client cancelling the In-house training course, it is possible to arrange an alternative date, so that cancellation fees may be waived. However, any costs for travel bookings and hotel accommodation which cannot be recovered by airsight Singapore Pte. Ltd. shall be charged to the Client. If an In-house training course has to be cancelled by airsight Singapore Pte. Ltd. due to force majeure or other unforeseen circumstances (such as an accident or illness of the trainer), the Client and airsight Singapore Pte. Ltd. will jointly reschedule the In-house training course. All other customer claims or claims of third parties are void. Please also refer to point 5 of these General Terms and Conditions.

9. Services

a) Services regarding public training courses
The course description published in the current course brochure or on the airsight website contain the syllabus and content of our training course contracts. However, airsight Singapore Pte. Ltd. reserves the right to make alterations in case of necessary circumstances.

b) Services regarding In-house training courses
The scope of services of the In-house training course is defined in the contract. airsight Singapore Pte. Ltd. reserves the right to make alterations in case of necessary circumstances.

10. Rights relating to training material

airsight Singapore Pte. Ltd. owns all rights to the training materials. The Client is not and/or the Client’s participants are not permitted to copy or transfer to third parties any training material without prior written agreement of airsight Singapore Pte. Ltd. Furthermore, it is not permitted to digitalize training material, to provide training material as a download or to use training material for commercial purposes. 

11. Rights of third parties

airsight Singapore Pte. Ltd. supplies the object of the agreement free of third-party rights which constrain or prevent use of the object of the agreement by the Client. This only applies to the object of the agreement in its valid and unaltered original version as supplied by the vendor. Should, however, a third party claim a breach of copyright by the Client then the Client is bound to inform airsight Singapore Pte. Ltd. of this in writing without delay. The Client may not admit any claims by third parties.

12. Place of jurisdiction/severability clause

12.1 The Agreement and these General Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore. The courts of Singapore shall have jurisdiction over all disputes arising from or relating to the Agreement. However, airsight Singapore Pte. Ltd. shall be entitled to take legal action at the jurisdiction of the Client. 

12.2 Complete or partial invalidity of one part of these General Terms and Conditions does not affect the validity of the remaining parts. In the case of invalidity of one part of these General Terms and Conditions the parties undertake to replace the invalid provision with a valid agreement which corresponds as far as possible to the commercial goals of the invalid clause.