.jpg)
1. Scope
The client may be the participant himself or an entrepreneur who registers third parties as participants for the qualification. Participants are consumers within the meaning of § 13 BGB (German Civil Code) as long as the purpose of the ordered delivery and service cannot be attributed to their commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
2. Subject of the Contract
Qualifications include but are not limited to instructor-led or assisted training on a virtual training platform of CodeZwei or at a CodeZwei location, project days, practical excursions, internships as well as the use of the integrated training programs on a virtual training platform.
2.1 Place of Qualification
Participants join the main part of the qualification from home or from an employer’s workplace. For public education voucher holders, participation from home requires the explicit consent of their public funding agency. Education voucher holders confirm to have access to a separate work area/room in their home. In individual cases, after consultation and agreement of CodeZwei, participants may join from a CodeZwei location. The project days preferably take place at a Codezwei Campus, usually at the CodeZwei Campus Munich. Upon mutual agreement, a remote participation at the project days from home is possible, especially if due to possible restrictions by Covid-19.
2.2 Qualification Process
For each qualification, the detailed content, qualification goals and knowledge required at the beginning of the qualification (provided through a primer) are defined. CodeZwei reserves the right – in alignment with public funding agencies – to make changes to the training schedule, in particular if this appears necessary for the purpose of technical updating.Participants receive a list of all training days at the beginning of the qualification. For education voucher holders, the teaching and attendance times agreed with the public funding agencies apply.
2.3 Tools for Qualification
Codezwei provides integrated training programs on a virtual training platform for the duration of the qualification. The necessary hardware and internet connection for participation in the qualification on a virtual training platform is provided by the participants.
2.4 Registration and Conclusion of Contract
Any person who fulfils the CODEZWEI access requirements can register for a qualification. The qualification contract is concluded through confirmation by CodeZwei and the client. Written notifications will be sent to the address (or email) of the participant stated in the contract. The participant must notify CodeZwei in writing of any change of residence.
3. Tuition and Fees
3.1 Tuition
Upon conclusion of the qualification contract,payment of a deposit specified in the contract is required. Once payment has been received, the participant is granted access to the learning content compiled in preparation for the qualification. The remaining tuition is to be paid by the client to Codezwei by bank transfer at the contractual due dates without further request.
If the qualification is funded by a public education voucher, the participant is obliged to submit the contract to the public funding agency directly after conclusion of the contract. Immediately after funding has been approved, relevant proof must be presented to the responsible Codezwei employee. The participant is liable for the tuition in case he does not fulfil these obligations.
The tuition covers all direct qualification costs for the online training phase as well as project days.
Accommodation and meals during the project days can be provided at additional charge. Any costs related to participation from home – including but not limited to rent, internet connection, electricity, printing – are not considered direct qualification costs. Transfer to and from a CodeZwei is not included in the tuition. For public education voucher holders, the costs for transfer to and from a CodeZwei and charge for meals and accommodation during the project days may be reimbursed by the funding agency.
3.2 Bank Details
CodeZwei UG
Kreis und Stadtsparkasse Erding-Dorfen
IBAN: DE87700519950020625331
BIC: BYLADEM1ERD
3.3 Claim Transfer
Upon proof of funding via a public education voucher of a public funding agency or by a deferred payment / income share agreement provider, which CodeZwei has a partnership with, the participant himself is released from a direct claim of tuition. CodeZwei has to be informed immediately about all changes concerning the basis of any third-party funding.The participant agrees to transfer any tuition provided directly to him to CodeZwei immediately.
3.4 Late Payments
The client is liable for the tuition specified in the contract. If the client does not pay the tuition as agreed in the contract on time, a late payment notice will be sent. If no payment is received within 14 days after this reminder, CodeZwei is entitled to terminate the contract immediately. The date of receipt of payment at CodeZwei is decisive. The assertion of further damages remains reserved.
4. Withdrawal and Termination
4.1 Withdrawal Notice
Right of withdrawal: Clients have the right to withdraw from the qualification contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date of conclusion of the qualification contract.
In order to exercise the right of withdrawal,client must inform us (CodeZwei UG, Connollystraße 3 App B12, 80809 Munich, e-mail: info@codezwei.io) of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail).
In order to comply with the withdrawal period, it is sufficient to send the notification of exercising the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal: If a client withdraws from the qualification contract, CodeZwei will refund all received payments immediately and no later than fourteen days from the date CodeZwei received notice of withdrawal. CodeZwei will use the same means of payment used in the original transaction for such refund, unless explicitly agreed otherwise and in no event will CodeZwei charge for such refund.
If a client has requested that the services,commence during the withdrawal period, client shall pay CodeZwei a reasonable amount equal to the proportion of the services already provided by the time of notification of the exercise of the right of withdrawal in respect of this agreement in relation to the total amount of services provided in the agreement.
4.2 Later Withdrawal and Termination by the Client
Later withdrawal and termination notice always require written form. Refraining from participation in trainings does not count as a withdrawal or termination.
Public education voucher holders:
Public education voucher holders can withdraw from the qualification contract up to the last business day before the beginning of the qualification.
In case a public funding agency denies funding according to SGB III or SGB II after a qualification contract has been concluded, the public education voucher holders shall be granted the right to withdraw from the contract immediately upon becoming aware of this fact. In this case no cost incur for services received up to then. During the qualification, public education voucher holders may terminate the qualification contract with a notice period of 14 calendar days to the end of each month. Upon commencement of work, public education voucher holders may terminate the qualification contract at any time.
All other client:
Client can withdraw from the qualification contract up to the last business day before the beginning of the qualification. The client will be charged a withdrawal fee in the amount of the contractually agreed deposit.
During the qualification, client may only terminate the qualification contract with a notice period of 5 calendar days to the end of the online training phase. In this case, CodeZwei will reimburse the client for the payments already made minus the tuition for the services provided until the end of the online training phase as well as an administration fee in the amount of the deposit.
The statutory right of all clients to extraordinary termination remains unaffected in any case.
4.3 Withdrawal and Termination by CodeZwei
CodeZwei reserves the right to postpone the qualification until one business day before the start of qualification.
In cases of force majeure (e.g. natural disasters,fires, accidents, terrorist events) or if the minimum number of participants is not reached, CodeZwei is also entitled to cancel the qualification completely.Any claims of participants above the statutory claims from the statutory restitution obligation are excluded.
CodeZwei may terminate the qualification contract for good cause without notice if facts exist which make it unreasonable for CodeZwei to continue the contractual relationship until expiry of the period of notice or until the agreed termination or end of the contractual relationship.
Facts which may in themselves constitute such an important reason include, but are not limited to, the following:
Before a termination due to an important reason is pronounced, CodeZwei issues a written warning. However, a warning is obsolete if the participant knew or should have known that his misconduct would not be tolerated by CodeZwei.
5. Obligations to Cooperate
5.1 Attendance and Absence
All participants are obliged to participate actively and in a committed manner during the qualification. Attendance of the participants is recorded electronically. In any case, absence must be reported immediately to the responsible CodeZwei employee or trainer.
For public education voucher holders, absence is only accepted for reasons approved by the public funding agency and starting from the first day, each day of absence must be documented by a doctor’s certificate of incapacity. The certificate must be received by the responsible CodeZwei employee or trainer latest by the 3rd business day. If absence lasts longer than stated in the certificate, public education voucher holders are obliged to submit a new doctor’s certificate.
CodeZwei is generally obliged to inform any funding third party (e.g. employers of participants, deferred payment / income share agreement providers, public funding agencies) of attendances and absences of a funded participant, in particular if repeated absence endangers the achievement of the qualification objective.
5.2 Graduate Successes
It is of significant interest to CodeZwei that participants successfully take up employment after completion of the qualification. In order to track success rates, every graduate is asked to notify CodeZwei immediately upon starting a new employment. CodeZwei handles this information confidentially and uses it only for statistical success control. Public education voucher holders are required by law to inform CodeZwei upon starting a new employment. CodeZwei will forward this information to the public funding agency.
Public education voucher holders are obliged to enter applicant data into the JOBBÖRSE of the Federal Employment Agency during and subsequent to the qualification.
6. Liability andProtection
6.1 Liability
Liability of CodeZwei for damages, irrespective ofthe legal basis, is limited to the foreseeable damage typical arising from thisqualification contract.
Besides those damages, CodeZwei is only liable for damages resulting frominjury to life, body or health which are based on an intentional or negligentbreach of duty by its legal representatives or vicarious agents as well as forother damages which are based on an intentional or grossly negligent breach ofduty by its legal representatives or vicarious agents. Any other liability isexcluded.
This applies in particular
6.2 Theft
CodeZwei reserves the right to prosecute any theft of third-party property as well as the infringement of copyrights.
6.3 Data Protection
CodeZwei collects, processes and uses data which are received in connection with the determination of suitability (e.g.curriculum vitae, electronic test procedures and certificates), the registration, conclusion of the qualification contract and the execution of the qualification in order to execute the contract and to fulfil any statutory obligations – in compliance with the statutory data protection provisions.
Information on digital learning tools:
CodeZwei relies on the use of digital training programs. In order to access these, it may be necessary for the participant to log on to internet portals which require the entry of personal data. All cooperation partners have been checked for compliance with German data protection laws.
Please also note the information on handling of personal data at CodeZwei.
6.4 Copyright
The participant agrees to comply with existingcopyrights and related property rights. The training materials provided by CodeZweimay only be used for training purposes. Picture and sound recordings of anykind or screenshots of the lessons are not permitted. All video, sound andimage rights are held by CodeZwei. The participant indemnifies CodeZwei fromany claims of third parties in relation to violations of this agreement.
6.5 Transfer ofRights of Use
The participant grants CodeZwei free of charge theexclusive, transferable, temporally and locally unlimited rights of use for allproducts, which may be produced in cooperation with other participants and thetrainer during the qualification, insofar as the participant is entitled tocopyrights or rights to inventions or creations which are capable of beingprotected by industrial property rights. The granting of rights extends to allknown types of use that are of significance for CodeZwei or the partner companyfor which the product is manufactured according to the purpose of thequalification. CodeZwei may transfer the rights of use to partner companies.
The participant agrees not to infringe anyindustrial property rights of third parties during the manufacture of theproduct. The participant further agrees to sign a separate licence agreementwith CodeZwei in individual cases with regard to the respective product.
7. TechnicalAspects
7.1 Hardware,Software, Internet
Should hardware, software and/or provided networkaccesses be made available by CodeZwei, these may not be used for purposeswhich contradict generally valid legal regulations. It is therefore forbiddento transmit, store, process and disseminate violence glorifying, pornographicand racist representations in image, sound and writing. Copying, editing ordeletion of foreign data is not permitted. Criminal actions are notified toofficials for prosecution.
The removal and exchange of CodeZwei hardware,unauthorized interventions in the hardware and software configuration as wellas other changes to the servers and networks are not permitted.
Defects in hardware and software as well as access by unauthorized third parties must be reported directly to a CodeZwei employee.The storage of private data, games, films, music etc. on network or cloud drives of the virtual learning platform is not permitted. Misuse of CodeZwei licenses will be reported to the licensor. The damage is then settled by the licensor directly with the participant.
The participant may use the internet access provided at the CodeZwei location during training hours exclusively for qualification purposes. The provision of the internet connection for purposes beyond the qualification is a voluntary service of CodeZwei. CodeZwei reserves the right to exclude the participant from using the internet connection.
7.2 VirtualTraining Platforms of CodeZwei
The participant is granted the right to use thevirtual training platform of CodeZwei for the duration of the qualificationcontract. The participant is entitled to use the virtual training platformexclusively for training purposes. Any other use, such as for private purposes,is not permitted. The provision of the virtual training platform outsidetraining hours for training purposes is a voluntary additional service to whichthe participant is not entitled. CodeZwei expressly reserves the right torestrict the provision at any time or in particular to withdraw it completelyin the event of misuse. If the virtual training platform is used outside training hours, IT support will not provide any support. The right is not transferable to third parties and cannot be sub-licensed. The participant agrees to protect access data against access by unauthorized third parties.
The possibility of use can be temporarily restricted or suspended if this is necessary for technical reasons, in particular for the activation of updates and upgrades as well as for maintenance and repair work.
In case the participant violates the granted rights of use, his right of use expires with immediate effect and automatically reverts to CodeZwei. In this case, the participant must immediately cease using the virtual training platform. In this case CodeZwei is entitled to block the online access. The participant has to read all messages sent by CodeZwei to his e-mail address in a timely manner.
CodeZwei UG,
Connollystr. 3 App B12, 80809 Munich
September 2021