Allgemeine Geschäftsbedingungen Ximiq Academy

This is an automatically translated version of the General Terms and Conditions of Ximiq Academy. The legally binding version is written in German.

These General Terms and Conditions (GTC) govern the legal relationship between you as the purchaser or customer and Ximiq AG and apply to all Academy offers from Ximiq AG. By registering or accepting an offer, you agree to these GTC. Any deviating terms and conditions require the written consent of Ximiq.

A. Public courses

1 Registration

We look forward to receiving your order online via our website or by email, telephone, or post. Registration obliges you to pay the course fee by post, bank transfer, or credit card.

2 Participation fees

Course participants will receive the invoice before, during, or after the seminar. Invoices are payable within 10 days. The participation fee includes all teaching materials and documents provided during the course as well as meals during the training day.

Invoices for exam participation only are generally payable in advance.

3 Cancellation

Cancellation by a course participant must be made in writing. Participation fees will be charged as follows in the event of cancellation:

— Cancellation is free of charge up to 14 days before the start of the course.

— If you cancel within 14 working days before the start of the course, we will charge the full participation fee. A paying replacement participant can be named at any time without incurring any costs.

4 Examination

The examinations for Hermes, IREB®, OCEB®, and ArchiMate® certifications are conducted by an independent personnel certification body. The terms and conditions of the respective personnel certification body apply. If specified in the offer, the participant will receive an exam voucher with which the exam can be booked.

5 Implementation

The course will be held as follows: on-site, online, or a combination of both.

The course will be confirmed or canceled 14 days before the start of the course based on the registrations received. In this case, any participant fees already paid will be refunded in full or credited to another course date. We reserve the right to make changes to the schedule, course location, trainer, and minor changes to the course material due to changes in the curriculum or similar for organizational reasons.

In the event of a course cancellation or change of date, Ximiq will not cover any costs for travel or accommodation that has already been booked.

6 Exclusion

The course management also reserves the right to exclude course participants with insufficient performance from the course. In this case, the participation fee, minus an administrative cost share of 20%, will be refunded for the parts of the course not attended. Examination fees will always be charged.

B. In-house courses

7 Appointment

Upon request, Ximiq will provide a written quote for an in-house course. The course dates will be agreed upon by mutual consent. The in-house course becomes binding upon signing the quote or providing digital or written consent.

8 Cancellation

Cancellation of an in-house course must be made in writing.

8.1 By the client

The client has the option of canceling or postponing a booked course free of charge up to 21 business days before the start of the course.

8.2 By Ximiq

If the course date cannot be kept due to illness, accident, or force majeure on the part of the trainer, a replacement trainer will be provided if possible. If this is not possible, a new date for the course will be agreed upon by mutual consent.

9 Registration and deregistration of participants

Participants may deregister free of charge up to 7 days before the course begins; after that, the certification vouchers and documents will be charged in full. A replacement participant may be named at any time without incurring any costs.

Late registration of participants is possible up to the maximum number of participants for the respective course up to 2 working days before the course takes place.

10 Obligation of the client to cooperate

If the course is offered virtually via Microsoft Teams, participants must have internet access and the necessary permissions to run a Teams client.

If the course is held on site at the client's premises, the client shall provide suitable premises in accordance with the specifications of Ximiq AG.

11 Exams

11.1 Exam administration

Exams for Hermes, IREB®, OCEB®, and ArchiMate® certifications are administered by an independent personnel certification body. The terms and conditions of the respective personnel certification body apply.

11.2 Minimum number of participants

The respective minimum number of participants required by the personnel certification body for invoicing also applies.

12 Travel time and expenses

For courses held in the Solothurn region, no additional travel time or expenses will be charged within a radius of 20 km. For courses held at the customer's premises outside this radius, travel time is considered working time and travel and accommodation expenses will be charged additionally.

C. General

13 Confirmation of participation

Each participant will receive a confirmation of participation upon successful completion of the course.

14 Liability

Ximiq accepts no liability for damages incurred during a training course.

15 Terms and conditions and value added tax

Prices can be found in the relevant advertisements on our website. The advertised currency CHF is binding. All prices include value added tax. Educational services in Switzerland are generally exempt from value added tax, but Ximiq has voluntarily opted to pay value added tax on its courses. For all other services and deliveries, the statutory value added tax will be charged in addition. For services provided abroad, the respective country regulations apply. The prices quoted are subject to change at any time without prior notice.

16 Copyright and other rights

All rights to the documents, programs, etc. provided or used in the course remain entirely with Ximiq AG. Course materials may not be copied or made available to third parties.

17 Data protection

Ximiq collects necessary personal data in the context of course implementation. Personal data is stored in particular for identification, learning success, billing, and marketing purposes. The data is stored in Switzerland or the EU. In exceptional cases, the data may also be stored outside the EU.

By registering or booking an internal company course, the participant or client agrees to the processing and transfer of the personal data necessary for the course to third parties. Ximiq only passes on personal data to the respective personal certification body or the licensor of the trained methodology if this is necessary for the execution of the contract.

Data processing by personal certification bodies and methodology owners takes place in the following countries and is subject to the legal requirements applicable there:

• ArchiMate®/TOGAF®: England/USA
• OCEB®/IREB®/HERMES: EU

The following information is transmitted:

• First name
• Last name
• Email address
• Date of birth
• Private address (if required by the certification body)
• Place of origin (HERMES only)

18 Place of jurisdiction

The place of jurisdiction for all disputes is Solothurn, Switzerland.

As of November 14, 2025