General Terms and Conditions of the Certified Financial Modeler

 

1. Subject matter of the contract  

The present General Terms and Conditions for services by the German Institute of Corporate Finance (hereafter GICF) regulate the services provided within the context of the program “Certified Financial Modeler”.  

The program is offered by the GICF which is responsible for its scientific management.  

Contracting parties are the GICF and the participants admitted to the exam. 

2. Registration, effectiveness of this contract   

The participant can register for the program by completing and then sending the registration form by post, fax or e-mail. The contract becomes effective when the participant receives a confirmation of the registration by the GICF.

3. Services

(1) The course participant receives the following services from the German Institute for Corporate Finance (GICF), regardless of whether the course is "Academic Excellence" or "Professional Excellence":

  • Personal Supervision by senior professors
  • Feedback on learning success
  • The course book "Financial Modeling" as Ebook
  • The Models of the Textbook "Financial Modeling"
  • The Certified Financial Modeler Toolbox
  • Lifelong access to the Center for Financial Modeling (CfFM)
  • Excel models: Templates Library for the most important financial topics
  • Further additional materials on the topic of "Financial Modeling
  • Certificate: Certified Financial Modeler
  • Award: Representative certificate within the framework of the

Depending on whether the course is "Academic Excellence" or "Professional Excellence", the course participant receives additional the following:

  • Possibility of applying for a GICF scholarship for non-students (if "Professional Excellence" is chosen).
  • Participation in the initial examination of the respective module (Academic Excellence) or up to three possible submissions per sub module (if "Academic Excellence" is chosen).
  • University certificate, certificate supplement and possibility of ECTS recognition in Bachelor's and Master's programmes (if "Academic Excellence" is chosen)

(2) The title “Certified Financial Modeler” is conferred by the GICF upon successful completion of the three exams (Module 1, Module 2, and Module 3). The GICF also awards the corresponding certificate.

(3) The title “Certified Financial Modeler“ is awarded by the German Institute of Corporate Finance and modifications to its use may not be made by the holder of the title. In case of infringement, third parties (e.g. other education providers) may file claims against you. GICF reserves the right to modify the title “Certified Financial Modeler” at any time and to grant a different title upon passing the corresponding examination in the future. The participant who has already been granted the title “Certified Financial Modeler,” shall, in turn, have the right to use the old title or the new title. Further claims against GICF are hereby excluded.

(4) Repeat examinations are regulated in the examination regulations.

4. Fees

Path 1: If you choose the path "Academic Excellence" applies:

1) Course fees

The course fees for the "Certified Financial Modeler" amount to EUR 3,995 plus the applicable statutory value-added tax, currently 19%, which brings the total to EUR 4,754.05. This overall package includes the course fees for modules 1-3, the examination fees for modules 1-3, the course book as e-book and the issuance of a university certificate and certificate supplement for the acquisition of ECTS.

2) Modules can be booked individually

Modules 1-3 can also be booked separately. The fees for Module 1, Module 2 and Module 3 are EUR 1,595 per module plus VAT, currently 19%, i.e. a total of EUR 1,898.05 per module. While Module 1 and Module 2 can be booked independently, Module 3 can only be booked if the exam for Module 1 and Module 2 has been passed successfully.

3) Repeat examination

For a repeat examination for Module 1, Module 2 or Module 3 due to failure to pass the examination, the GICF charges an examination fee of EUR 295 plus the applicable statutory value-added tax, currently 19%, a total of EUR 351.05 per module.

4) Issue of a university certificate

The acquisition of ECTS is linked to the university certificate and the certificate supplement. The issuance of a university certificate (certificate and certificate supplement) of the HfWU is included in the fee for the complete package.

5) Students (complete offer)

Students (please enclose a copy of your valid student ID card with your application) receive a discount. The course fees for students amount to 1,495.00 EUR plus the applicable statutory value-added tax, currently 19%. This brings the total to EUR 1,779.05. This overall package includes the course fees for modules 1-3, the examination fees for modules 1-3, the course book as e-book as well as the issuance of a university certificate and certificate supplement for the acquisition of ECTS.

6) Students (payment by instalments)

Students can also book and pay for the modules individually. The fees for Module 1, Module 2 and Module 3 are EUR 550.00 per module plus VAT, currently 19%, i.e. EUR 654.50 in total.

Path 2: If you choose the "Professional Excellence" path, the following applies:

1) Course fees for practitioners

You can apply for a scholarship at GICF. If you receive this scholarship, the course fees for the "Certified Financial Modeler" amount to 1,495 EUR plus the applicable value-added tax, currently 19%, thus a total of 1,779.05 EUR. This overall package includes the course fees for modules 1-2 (and also voluntary module 3), the examination fees for modules 1-2 (and also voluntary module 3) as well as the course book as e-book.

2) Course fees for students

Students (please enclose a copy of your valid student ID card with your application) receive a discount. The course fees for students amount to 836.13 EUR plus the applicable statutory value-added tax, currently 19%. Thus a total of 995.00 EUR. This package includes the course fees for modules 1-2 (and also voluntary module 3), the examination fees for modules 1-2 (and also voluntary module 3) and the course book.

3) Repeat examination

Each module consists of three sub modules. Each submodule can be repeated twice. There are no additional costs for a repeat test.

5. Terms of payment, default, cancelations  

(1) The GICF will send the client the invoice for the exam fees with the registration confirmation. Invoices issued by the GICF are payable upon receipt without deductions and within two weeks after the due date. 

(2) Only participants who have paid the exam fees will be admitted to the exam. 

(3) In case of late payment of the exam fees, the GICF is entitled to cancel the contract. 

(4) Not reaching the program’s aim (for example failure to pass the exams) does not entitle the participant to a reduction of the fees. Not receiving expected subsidies by third parties does not constitute a reason for a justified refusal of payment by the participant either.  

(5) In case of default, the GICF is entitled to charge interest on arrears pursuant to the German law on acceleration of due payments. Further claims for damages remain unaffected. 

(6) The participant may only offset against the GICF's claims if the counterclaim of the client is not disputed or a final verdict is presented.

6. Cancellation, modifications and postponement of events

(1) The GICF reserves the right to cancel events due to reasons beyond its control. If the participant has already paid the participation fee to the GICF, he is reimbursed the paid amount. Further claims by the participant are excluded; in particular, the participant does not have the right to insist that the exam will be held. 

(2) GICF will immediately inform the participant if the time and location of the exam is changed.

7.  Right of withdrawal/revocation

(1) If the participant is a consumer and not a businessman, they have the right of withdrawal pursuant to section 312b German civil code (BGB) and section 312d BGB in conjunction with section 355 BGB. The contract may be revoked in writing (e.g. by letter, fax, email) within 14 days without giving grounds. The period starts with the receipt of this information in writing, but not before the conclusion of the contract and not before the fulfillment of the information obligation pursuant to art. 246(2) in conjunction with section 1(1) and (3) EGBGB. In order to respect the withdrawal period, the timely sending of the revocation is sufficient. The revocation must be sent to:   

DICF
Deutsches Institut für Corporate Finance (DICF) GmbH & Co. KG
Neckarsteige 6-10
D-72622 Nürtingen

info‎@dicf‎.‎de

The obligation of service by the GICF only starts after the end of the withdrawal period. The right of withdrawal expires early if the GICF has started to provide the services with the participant’s explicit approval or the participant has arranged them in person. 

8. Copyright, rights of use   

(1) The GICF reserves all rights, including the rights to translate, reprint or duplicate the documents – also in electronic form (e.g. in PDF format) – and the rights for learning programs or parts of them. No part of the documents may be duplicated, used, modified, disseminated or presented in any other public reproduction, entirely or partly, without the GICF’s written authorization.  

9. Liability

(1) GICF is liable exclusively in the case of intent or gross negligence. Liability for simple negligence is only possible where a material obligation has been breached and where the breach jeopardizes the achievement of the purpose of the contract or on account of personal injury to life, body or health. In this case, GICF shall only be liable vis-à-vis participants for any typical or foreseeable damage or loss and to the level of the amount of the registration fee.

(2) The GICF is not liable for the loss, damage or disappearance of the participant’s property during the conduct of the program, unless it is due to the GICF’s deliberate or grossly negligent behavior.  Furthermore, GICF is not liable for personal injury or property damage in connection with travel to and from the event and at the event venue.

(3) GICF is not liable for damages due to force majeure, insurgencies, war and natural disasters as well as other events (e.g., strikes, lock-outs, traffic incidents, orders by domestic or foreign government offices) or as a consequence of technical disruptions not caused by GICF, for example of the IT system. Force majeure also includes computer viruses and intentional attacks on the IT systems by hackers, provided adequate protection measures were taken. 

(4) With the conclusion of the contract you fully discharge GICF from liability, claims or damages, which could possibly be asserted against GICF as a consequence of your registration.

(5) You agree that you are using the services of GICF at your own risk. GICF does not guarantee that the services can be used without interruption and/or errors. GICF negates all other warranties. These include, inter alia, the warranty of applicability for a specific purpose, the warranties of merchantability and the warranty of the non-infringement of the rights of third parties. GICF does not guarantee the accuracy or completeness of information on the GICF and the Certified Financial Modeler websites or of information made available in connection with GICF websites and/or the Certified Financial Modeler websites. GICF shall not be liable for the errors or omissions and/or results in connection with the usage of this information. The contents of the Certified Financial Modeler is not to be construed as recommendation for action concerning the purchase of specific financial instruments or securities, the partial or complete acquisition of corporations that were analyzed in the context of the program, and the implementation of investment decisions of any kind. GICF cannot be held liable for actions derived from the program.

(6) The extent of the exclusion or limitation of liability of GICF also applies to its employees, representatives, and agents.

10. Data protection  

(1) Pursuant to the German Federal Data Protection Act, the participant is hereby informed that the GICF will store their complete address and other details relevant for the contract in a machine-readable format and automatically process them for tasks resulting from the contract. The GICF guarantees the confidential use of these data.  

(2) The GICF commits to treat the personal data given by the participant confidentially and not to make it accessible to third parties. This does not include the data that must be forwarded by the GICF to the German Stock Exchange in order to complete the registration process for the Certified Financial Modeler exam (see: examination regulations, section 3, paragraph (1) point c)). By means of appropriate measures (section 9 of the Federal Data Protection Act (BDSG)) and the commitment of the employees, the GICF ensures that this confidentiality remains intact during the use of the services provided by the GICF and after their termination.  

11. Applicable law and jurisdiction  

(1) This contract is subject to the law of the Federal Republic of Germany. 

(2) The jurisdiction for all disputes resulting from the privity of contract is Frankfurt/Main.

12. Agreements in writing and continuation of the contract  

(1) The parties engage to make modifications or amendments to the contractual conditions exclusively in writing. This also applies to the requirement in writing according to this No. 12 of the General Terms and Conditions.  

(2) In case of invalidity of individual parts of the contract, the continuation of the contract is not affected.   

13. Disclaimer

(1)   The "tools" of the Center for Financial Modeling (CfFM) were created by the two directors of the German Institute of Corporate Finance (GICF), Professor Dr. Dr. Dietmar Ernst and Professor Dr. Dr. Joachim Häcker. The German Institute of Corporate Finance is an institution belonging to Nürtingen University. The title "Certified Financial Modeler" is conferred by the GICF in cooperation with Deutsche Börse. 

(2) Pursuant to art. 1 of the German Intellectual Property and Related Protection Rights Act (Intellectual Property Act, UrhG)), the authors of scientific works benefit from protection for their works. 
Pursuant to section 2(2) UrhG, a work is given provided it is a personal and intellectual creation. For software, such as the present Excel files, section 69a UrhG applies. Thus, the Copyright Act applies to software. Any computer program that is statistically unique is protected. These requirements apply to the tools of the CfFM. Thus, the tools are protected by the German Intellectual Property Act. 

(3) You receive your access to the tools with your registration for the Certified Financial Modeler. The tools are for you and your personal use only. Should you pass on the tools to third parties, use parts or the entire tool without prior authorization without signaling such a use and without referring to the author GICF, you are in breach of applicable copyright law and liable to prosecution. You then must expect claims derived from the registered trademarks stated under point 1, and prosecution. 

(4)   The unauthorized use of the works protected under the Copyright Act can be punished with three years of imprisonment pursuant to section 106 UrhG. Pursuant to section 108b UrhG, unauthorized interventions in technical protection measures and information required for exercising these rights can be punished with one year of imprisonment. The "removal of the copy protection" applicable in the case of the Certified Financial Modeler Moodle Tool and the Certified Financial Modeler Toolbox is subject to this point. The sentencing can be increased to three years (for unauthorized interventions into technical safety measures) and five years (for unauthorized commercial use) in case of commercial perpetration. 

As of April 2019