Conditions
General terms and conditions of business
This training contract applies to all further training measures for the acquisition of specialist knowledge in accordance with the joint federal and state guidelines on the ordinance on protection against harmful effects of non-ionizing radiation when used on humans (NiSV) of March 16th, 2020, which are carried out by NiSV GmbH as an approved training provider are offered and carried out in the form of specialist modules.
1. Registration/Obligations of Participants
The registration must be made in writing (letter, fax, e-mail); she is binding. Oral registrations must be confirmed in writing. By registering, the person registering accepts these "General Terms and Conditions" as binding.
The participant is obliged to submit all registration data, including billing address and desired method of payment (see below), completely and correctly. The registration data are subject to data protection. The participant is obliged to confirm their consent to data processing in writing.
Registrations are always considered and confirmed in the order in which they are received. The contract is concluded upon receipt of the confirmation. If a registration cannot be considered, NiSV GmbH will inform the person making the registration.
The participant must always take part in the face-to-face courses at one location and in the practical instructions. He has an obligation to learn and cooperate in achieving the educational goal.
The participant can choose a location when registering. NiSV GmbH reserves the right to confirm this selected location or to name a different location.
If the course cannot take place at the chosen location for organizational reasons, the participant is obliged to attend the course at a different location that is no more than 200 km away from the chosen location.
2. Course Objective
Passing the exams for the selected specialist modules of the NiSV by mastering all the necessary theoretical and practical knowledge.
3. Contents of the various specialist modules:
a) Technical module: "Fundamentals of the skin and its appendages" (GK)
- Duration: 80 learning units (LE) incl. exam
-of which 28 learning units (LE) are possible as e-learning
-Exam: MC test with 30 questions, 4 of which are open questions (duration of the exam: 2 learning units)
Within 5 years: update of the technical knowledge (AGK) through further training with at least 2 LE at an approved training provider. The 2 LE are provided in combination with the other specialist modules. Likewise the recertification exam.
Special feature: participation in this module is not required if you:
- State-recognized vocational training as a beautician,
- the training course "State-certified beautician",
- a master's degree in cosmetology have successfully completed
- or be able to demonstrate professional practice in the cosmetics industry of at least five years on December 5th, 2021.
b) Specialist group “lasers/intensive light sources” – specialist module: optical radiation (OS) + GK
Prerequisite for participation: previous participation in the specialist module: “Fundamentals of the skin and its appendages” (GK) or proof of professional qualifications/experience
-Duration: 120 learning units (LE) incl. exam
-of which 33 learning units (LE) are possible as e-learning
-Exam: MC test with 45 questions, 6 of which are open questions (duration of the exam: 3 learning units)
Validity of the certificate/technical qualification: 5 years
Within 5 years: Updating of the specialist knowledge (AOS) through further training with at least 8 LE (2 LE from the GK area and 6 LE from the OS area) at an approved training provider combined with a recertification examination.
c) Specialist group “Ultrasound” – Specialist module: Ultrasound (US) + GK
Prerequisite for participation: previous participation in the specialist module: “Fundamentals of the skin and its appendages” (GK) or proof of professional qualifications/experience
-Duration: 40 learning units (LE) incl. exam
-of which 19 learning units (LE) are possible as e-learning
-Exam: MC test with 30 questions, 4 of which are open questions (duration of the exam: 2 learning units)
Validity of the certificate/technical qualification: 5 years
Within 5 years: Updating of the specialist knowledge (AUS) through further training with at least 8 LE (2 LE from the GK area and 6 LE from the US area) at an approved training provider combined with a recertification examination.
d) Specialist group “EMF cosmetics” – specialist module: EMF (high-frequency devices) in cosmetics (EK) + GK
Prerequisite for participation: previous participation in the specialist module: “Fundamentals of the skin and its appendages” (GK) or proof of professional qualifications/experience
-Duration: 40 learning units (LE) incl. exam
-of which 16 learning units (LE) are possible as e-learning
-Exam: MC test with 30 questions, 4 of which are open questions (duration of the exam: 2 learning units)
Validity of the certificate/technical qualification: 5 years
Within 5 years: Updating of the specialist knowledge (AEK) through further training with at least 8 LE (2 LE from the GK area and 6 LE from the EK area) at an approved training provider combined with a recertification examination.
e) Specialist group “EMF stimulation” – specialist module: EMF (low-frequency, direct current or magnetic field devices) for stimulation (ES)
Participation requirements: The requirement for participation in this module is proof of a license as a trainer with training of at least 120 learning units or at least a C license as a trainer with training of at least 120 training units or comparable training.
-Duration: 24 learning units (LE) incl. exam
- of which 8 learning units (LE) are possible as e-learning
-Exam: MC test with 15 questions, 2 of which are open questions (duration of the exam: 1 learning unit)
Validity of the certificate/technical qualification: 5 years
Within 5 years: Updating of the specialist knowledge (AES) through further training with at least 8 units (2 units from the area of GK and 6 units from the area of ES) at an approved training provider combined with a recertification examination.
After completing the respective specialist module, you will receive a certificate of participation from us, which must certify the completion of all the learning units provided for in the framework curricula, taking into account the absence regulations (No. 9).
The participant has taken note that the complete completion of the learning units provided for each technical module according to the framework curricula is a prerequisite for an examination for the respective technical module.
Examination:
The examination is carried out either by an accredited personal certification body or by NiSV GmbH by delegating the examination from the personal certification body to NiSV GmbH.
4. Costs of the various specialist knowledge modules
o Specialty module: “Fundamentals of the skin and its appendages” (GK) – EUR 1,400.00 net
o Technical module: "Optical Radiation" (OS) - 2,400.00 euros net
o Technical module: "Ultrasound" (US) - 940.00 euros net
o Specialist module: “EMF – Cosmetics” (EK) – EUR 940.00 net
o Technical module: "EMF - Stimulation" (ES) - 700.00 euros net
o Laser safety officer: “Laser safety officer according to OStrV and TROS – 490.00 euros net
The examination fee for the examination according to No. 3 is - in the event that the NiSV GmbH accepts the examination by way of delegation by the personal certification body - 199.00 euros (for each attempt).
Learning materials for the respective specialist modules are provided by NiSV GmbH.
5. Terms of Payment
When registering, the person who will bear the costs for participation in the training measure (= person liable to pay) must be named. After invoicing, the payer must pay the invoice amount to one of the specified accounts by the date specified in the invoice. The payment obligation applies regardless of third-party services.
The prices for the specialist modules valid at the time of registration apply.
The course fees are to be paid in advance, no later than 2 weeks after booking. In individual cases, NiSV GmbH can accept installment payments for the course fees in writing.
For examinations by external examination bodies (personal certification bodies), their fee regulations apply. Accommodation and meals are to be borne by the participants. In the event of a delay in payment, NiSV GmbH is entitled to charge a cost contribution of EUR 5.00 and interest on arrears at a rate of 5% p.a. above the base rate of the European Central Bank for each reminder.
If the amount due is not paid, NiSV GmbH is entitled to exclude the participant from further participation in the course/event with immediate effect.
6. Withdrawal and Termination
Ordinary termination of the contractual relationship by both contracting parties is excluded.
In the event of a gross violation/serious misconduct, the contractual partner can be excluded from the specialist module. In this case, NiSV GmbH issues an extraordinary termination according to the principles of § 626 BGB.
The contractual partner must compensate NiSV GmbH for any damage that may have occurred.
7. Cancellation policy
As a consumer, you have a right of cancellation in accordance with the following CANCELLATION POLICY:
As a consumer, you have the right to withdraw from the contract within fourteen days without giving a reason.
You are not entitled to a right of cancellation if you expressly agreed when making your booking that the service should be started before the end of the cancellation period. You have effectively waived your right of withdrawal. We pointed this out to you before you made the purchase.
The cancellation period is fourteen days from the day the contract was concluded. The contract is concluded on the day on which you receive a confirmation email from us after successfully booking a specialist module.
You are entitled to your own 14-day right of withdrawal for every booking/every purchase. In order to exercise your right of withdrawal, you must inform us
NiSV GmbH
Hans-Sachs-Str. 17
40721 Hilden
[email protected]
in a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use this model cancellation form (see end of point 7.), but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we have to repay all payments that we have received from you at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
If you made the payment by bank transfer, please send your account details again, as we only see part of your account details on the account statement.
SAMPLE WITHDRAWAL TEMPLATE
The model for the cancellation form is based on Appendix 2 to Article 246a § 1 Paragraph 2 Sentence 1 No. 1 and § 2 Paragraph 2 No. 2 EGBGB
If you want to revoke the contract, please fill out this form and send it back
NiSV GmbH
Hans-Sachs-Str. 17
40721 Hilden
[email protected]
revocation
Ladies and Gentlemen
I/we (*) hereby revoke the contract concluded by me/us (*) for the booking of the following specialist module (description so that it can be clearly determined to which specialist module the revocation relates)
• booked on:_________
• name of consumer(s);
• address of consumer(s);
if necessary, account details for the refund
• Signature of the consumer(s) (only in the case of notification on paper);
Date, signature
8. Cancellation/failure and relocation of educational measures, change of lecturers
NiSV GmbH has the right to cancel specialist modules if there are not enough registrations for less than 8 participants or for other important reasons. This also includes all restrictions on the use of site infrastructure (e.g. classrooms) or general official protective regulations caused by the corona pandemic. In this case, participation fees already paid will be refunded in full. Further claims for damages are excluded unless there is intent or gross negligence.
NiSV GmbH has the right to reschedule event dates within a reasonable period of time, to record additional dates and to catch up on canceled events on days when there are no classes.
In the event of illness and a number of less than 8 participants, NiSV GmbH has the right to hold training courses at locations that are up to 120 km away, this also applies to examinations.
As long as the overall design and the quality of the event are not significantly impaired, the change of lecturers and shifts in the schedule do not entitle the participant to terminate the contract or to reduce the fee. A significant impairment is not to be assumed in particular if the lecturers now employed have adequate professional qualifications.
9. Absence Policy
Absences are periods of absence, excused or unexcused. These include: missed classes or internships, being late and leaving classes early, exceeding break times, missing or being late in taking the exam.
a. Recognition of absenteeism with important reason
We recognize the following as absences with good cause:
aa) absence from work for medical reasons
due to medically proven illness (certificate of incapacity to work - AU) from the 1st day with telephone notification, submission of the AU no later than on the 3rd working day or illness of the child accordingly with submission of medical certificate (copy).
The same applies if the currently officially required corona test should be positive and a quarantine must be observed.
bb) Situational absenteeism
• Birth of wife (1 day)
• Death of spouse, child, parent/parent-in-law (1 day)
• Keeping official appointments or specialist appointments (only with proof)
Further absences can be recognized in individual cases in consultation with the user. All other absences are considered absences without good cause.
b. areas of validity
The present absenteeism regulation applies during compulsory attendance in all locations required to carry out the measure/qualification.
These are:
• NiSV GmbH training locations
• Participation in the necessary examinations/re-examinations
• the company (e.g. in the case of operational trials, internships)
• External training locations (e.g. cooperation partners)
c. Capture/Documentation
To record absences, NiSV GmbH or the assignment company keeps an attendance list on a daily basis (on all training and examination days).
The following designations are used: Present: A/Unexcused absence: uE/ Excused absence: E/Holidays/holidays/holidays: F/ Sick: K/ Child sick: KK
i.e. Consequences of absenteeism
In the case of absenteeism, whether excused or not, the following applies:
The prerequisite for taking the exam is the completion of all the learning units provided for in the framework curricula.
In order to meet this requirement, each training participant must make up for all learning units affected by absences according to the specific requirements of the corresponding learning units, either online or in face-to-face classes.
The classroom instruction to be made up can be completed by the training participant either in a parallel course or in a course that takes place later in the year, also at a different location.
If the learning units affected by absences are not completed by the end of the following year at the latest, the personal certification body will decide on admission to the examination.
e. Information to the personal certification body
In accordance with the contract, the responsible personal certification body is informed about the transparency of absences. Absences and threats to the qualification goal are reported regularly.
10. Exclusions from Participation/Requirements for Participation
The company NiSV GmbH is entitled to charge the participant in special cases such as e.g. B. Default of payment, disruption of the event or the operational process, insofar as this endangers the implementation of the specialist knowledge module, from further participation.
If it can be proven that a participant is trying to poach other participants of the training courses for their own training courses or training courses from external providers, NiSV GmbH is entitled to exclude the participant concerned from participating in the training course.
In these cases, the participant must pay the full participation fee as compensation. Further claims for damages by NiSV GmbH remain unaffected by this.
The participant agrees that officials from the responsible enforcement authorities, DAkkS GmbH and the examiners from APV-Zertifications GmbH can take the opportunity to take part in training courses or in individual training units for observation.
11. Liability
NiSV GmbH is not liable for damage resulting from accidents, damage, loss or theft, in particular not for consequential damage resulting from the training measure, unless this is based on intentional or grossly negligent behavior on the part of NiSV GmbH or its vicarious agents.
12. Privacy
By submitting the registration, the participant agrees that personal data will be stored for the purposes of organizing the event and for sending later information in connection with the completion of the specialist module and the examination, and that the participant's documents will be sent to the certification body for examination registration become.
13. Use of Educational Materials
The use of the teaching materials is only permitted for the registered participant. Without the written permission of the company NiSV GmbH, neither the participant nor third parties may reproduce, duplicate, distribute or use the teaching materials for public purposes in any form, not even for the purposes of teaching. Violations of this are punishable according to § 106 UrhG.
Emails with training content/information about the training may not be forwarded. Training certificates may neither be forwarded nor photographed. If the content of this e-mail is made known to third parties, this will be prosecuted. An exception is forwarding to the APV certification body in order to be released for exam registration.
In addition, the participant is liable for the damage incurred by NiSV GmbH as a result of violating these prohibition rules.
If the participant violates these prohibition rules, the participant undertakes to pay a contractual penalty of up to 50,000 euros. Should the participant earn their own income from third parties as part of their own training with the reproduced teaching materials from NiSV GmbH, including those with their own modifications, the participant is entitled to half of this income to NiSV GmbH reimburse.
14. House Rules
The applicable house rules of the company NiSV GmbH, which are publicly displayed, are part of the conditions of participation for all events of the company NiSV GmbH that take place in its company building; for other venues, the house rules applicable there apply.
15. Collateral Agreements
Additional agreements are only valid in writing. This also applies to the waiver of the written form.
16. Severability Clause
Should individual provisions of these General Conditions of Participation be or become invalid, this does not affect the validity of the rest of the contract. In such a case, the contracting parties will agree on an effective provision in place of the ineffective provision, which comes as close as possible to the regulatory purpose of the original provision in economic terms. The same applies if a provision should prove to be incomplete.
17. Jurisdiction
Only German law is applicable. Düsseldorf is agreed as the place of jurisdiction.
Status of the General Terms and Conditions: 24.11.2022