TERMS & CONDITIONS

§ 1 Scope of application

The present General Terms and Conditions of Business of SQS Software Quality Systems AG, Stollwerckstraße 11, 51149 Cologne (hereinafter referred to as "SQS") shall apply to all services within the framework of conferences, workshops, series of events and comparable offers of further training (hereinafter referred to as "Conferences"), which SQS renders for attendees of such Conferences.

§ 2 Registration and conclusion of contract

1. Offers from SQS for participation in Conferences shall be subject to change without notice and non-binding.

2. Registration for conferences as an attendee can only be made bindingly via Internet, in writing, by facsimile or by e-mail.

3. Acceptance of the registration of an attendee by SQS shall only be binding when a written confirmation of the registration has been given by SQS. Confirmation can also be given by facsimile or e-mail.

4. SQS shall decide on acceptance of attendees' registrations. No claim to attending shall accrue.

§ 3 Prices

1. The attendance fee shall be understood per person and event plus the statutory Value Added Tax valid at the time in question. It shall entail attendance of the talks as well as workshops, conference documents, lunch and beverages in the coffee breaks.

2. Attendance of a conference day for only a number of hours shall not entitle to a reduction of the price for the conference day.

3. SQS shall offer the following rebates on the conference fees as a matter of principle: -15% for members of supporting organisations and -50% for students (copy of the student's identity paper necessary with registration).

4. These rebate regulations shall be final and cannot be combined with other special terms or rebates granted by SQS or possibly by third parties (partner companies, associations etc.).

§ 4 Travel and Accommodation

The customer/attendee shall be responsible for his own travel and accommodation as a matter of principle. The hotel charges shall be settled with the conference hotel directly by the attendees.

§ 5 Payment Terms, lien

1. The fees for attending the conference shall be due for payment without deduction 30 days before the start of the conference.

2. Objections against invoices can only be considered if they are made to SQS in writing within 14 days of invoicing, stating the reasons.

3. In arrears in payment, default interest to the statutory amount shall be due, albeit no less than 6% p.a. The first reminder following arrears in payment shall be free of charge. For each further reminder, an additional ZAR 10.00 for reminder and processing fees shall be charged.

§ 6 Re-booking

After receipt of the confirmation of registration, the attendee can name a substitute attendee in writing up to 1 week before the start of the conference. This re-booking shall be free of charge; however, conferences lasting a number of days can only be re-booked in their entirety.

§ 7 Notice by the attendee

Cancellations of registrations can be done in writing, by fax or by email and shall be free of charge up to 4 weeks before the start of the conference. If the cancellation is received up to 2 weeks before the start of the conference, a cancellation fee of 20% of the conference fee shall be charged. In the event of later cancellation or in the event of a no-show, the complete conference fee shall be due for payment.

§ 8 Notice by SQS

1. SQS shall be entitled to extraordinary termination of the contract if the attendee falls into arrears with payment of the attendance fee and payment is also not made by the expiry of a period of grace set for him. The right to extraordinary termination for other reasons shall remain unaffected.

2. SQS shall be entitled to terminate the contract up to 30 days before the start of the event if holding the conference is of no interest for it due to a foreseeable low attendance. Foreseeable low attendance shall be assumed if the minimum number of attendees set in advance by SQS for the conference in question and to be notified to the attendee upon request is not achieved. Payments already made at such time shall be reimbursed to the attendee. Further-reaching claims of the attendee against SQS shall be ruled out; in particular there shall be no claim to reimbursement of travel and overnight accommodation expenditure and loss of work unless the expenditure originates due to grossly negligent or deliberate conduct on the part of SQS.

§ 9 Deviations in performance

The contents of the programme can deviate from the announcements. SQS shall be entitled to replace announced speakers by others and to make other necessary changes, maintaining the overall character of the conference.

§ 10 Image and sound recordings

1. SQS shall be entitled to have photographs, drawings and film and video recordings of the conference and the attendees produced and to use them for marketing purposes. To the extent necessary, the attendee hereby declares his agreement. The same shall apply to recordings made by the press and/or television with the approval of SQS.

2. Attendees shall not be entitled to make sound, film or video recordings of the conference or attendees.

§ 11 Liability and damages

1. All conferences shall be prepared and held with the greatest possible care. However, SQS shall not be liable for damage caused by third parties (e.g. exhibitors, attendees, employees of the conference centre).

2. SQS shall not be liable for damage caused by third parties (e.g. exhibitors, attendees, employees of the conference centre).

3. SQS shall be liable according to the statutory provisions for injury of life, limb and health as well as damage to be put down to the negligent or deliberate breach of a cardinal duty by SQS or its legal representatives or vicarious agents. Cardinal duties shall be duties, performance of which makes the proper performance of the concluded contract possible and compliance with which must regularly be expected by the customer.

§ 12 Copyrights and trademark rights

1. SQS shall grant the attendee a non-exclusive, non-assignable right of use to conference documents provided to an attendee in a physical or electronic form within the framework of a conference for the purpose of learning. All rights, also those of reproduction and copying of the conference documents or of parts thereof and of making them publicly accessible shall be reserved for SQS.

2. No part of the conference documents and of the software used which is protected by copyrights and trademark rights may be reproduced in any form, also not for purposes of organisation of teaching, without prior approval of SQS, in particular not processed, reproduced, propagated, publicly transmitted or made publicly accessible by making use of electronic systems. In particular, the software may not be removed from the conference rooms.

§ 13 Barring by limitation

The attendee's claims against SQS shall be barred by limitation after 12 months to the extent not contradicted by cogent statutory provisions. Limitation shall commence at the end of the month in which the last day of the conference in question takes place.

§ 14 Data protection

The registration data transmitted to SQS shall be stored digitally for the handling of the contract.

§ 15 House rules

The house rules applying at the conference location shall be obeyed. This means that using a telephone is only admissible in marked areas and smoking is possibly only allowed outside the building, Information in this regard can be found at the conference location.

§ 16 Miscellaneous

1. Amendments and supplements to the present contract, including side-agreements, shall require written form in order to have effect.

2. The contract shall be governed by the law of the Federal Republic of Germany, ruling out recommittal.

3. The exclusive place of jurisdiction for all disputes from and in connection with the contract to which the present general terms and conditions of business apply shall be Cologne.