– Code Academy College –
1. Scope
These terms and conditions apply to all contracts for private and corporate clients of CodeAcademy GmbH (hereinafter also referred to shortly as “CAC”) in qualifications of Code Academy College. Code Academy College meet all the requirements of the Social Code (SGB III and SGB II) and are part of each qualification contract. 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 a commercial or independent professional activity. An entrepreneur is defined as any natural or legal person or partnership with a legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
This paragraph is required for the German language: The male form of representation chosen in the following serves only the purpose of simplification and better legibility; male and female persons are, of course, equally meant. We kindly ask for your understanding.
2 Subject of the Contract
Qualifications include but are not limited to instructor-led or assisted training on a virtual training platform of CAC.
2.1 Place of Qualification
Qualifications take place through participation from home. 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.
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. CAC reserves the right
– in alignment with public funding agencies
– to make changes to the training schedule, in particular, if this is or will be necessary for 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
CAC 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.
If CAC provides hardware for participation, the participant agrees to cooperate in receiving and returning the hardware, particularly to the agreed delivery dates. The participant is obligated to return the provided hardware in its original packaging no later than one week after the completion of the training program, or immediately in the event of early termination. If the hardware is not returned within this period, CAC will set an additional two-week deadline, accompanied by a notice that failure to comply will result in a damages claim. If the hardware is still not returned, a contractual penalty of 2.500 Euros will be imposed. This does not preclude the right to claim further damages. The participant is permitted to prove that no damage occurred or that the damage is substantially lower than the lump sum. Should the qualification be terminated early, the MacBook must also be returned immediately.
2.4 Registration and Conclusion of Contract
Any person who fulfils the Code Academy College access requirements can register for a qualification. The contract is concluded when the interested individual accepts the offer by providing a clear “Declaration of Acceptance” statement via email or when the interested individual submits the contract in signed form to CAC. Written notifications will be sent to the participant’s address stated in the contract. The participant must notify CAC in writing of any change of residence.
3 Tuition and Fees
3.1 Tuition
Upon conclusion of the qualification contract, tuition is to be paid by the contracting party to CAC by bank transfer at the contractual due dates without the need for a separate payment 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 the conclusion of the contract. Immediately after funding has been approved, relevant proof must be presented to the responsible CAC employee. The participant is liable for the tuition in case he does not fulfill these obligations.
The tuition covers all direct qualification costs. Any costs related to participation from home – including but not limited to rent, internet connection, electricity, and printing – are not considered direct qualification costs.
3.2 Bank Details
CodeAcademy GmbH
Commerzbank AG
IBAN: DE02 1004 0000 0372 9803 00
BIC: COBADEFFXXX
3.3 Claim Transfer
Once a participant provides evidence of funding from a public funding body or a private lender with whom CAC has a partnership agreement, they are exempt from payment to the extent of that funding. The participant is obligated to promptly inform CAC of any changes regarding the approval basis. The participant commits to promptly transfer any course fees directly deposited to them to CAC.
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, CAC is entitled to terminate the contract immediately. The decisive factor is the receipt of the amount by CAC. In the case of effective termination, the entire remaining contractually owed balance becomes immediately due and must be paid by the participant to CAC without delay. Costs not incurred by CAC must be deducted from this.
4 Withdrawal and Termination
4.1 Withdrawal Notice
Right of withdrawal: Clients have the right to withdraw from the qualification contract within fourteen days after conclusion without giving reasons. The withdrawal period is fourteen days from the date of the conclusion of the qualification contract – the date of receipt of the withdrawal by CAC is decisive. In order to exercise the right of withdrawal, the client must inform us (CodeAcademy GmbH, Lehrterstr. 57, 10557 Berlin, telephone: +49 30 54 82 30 89, e-mail: info@codeacademycollege.com) of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail).
Consequences of withdrawal: If a client withdraws from the qualification contract in due time within the first 14 days after conclusion of the contract, CAC will refund all received payments immediately and no later than fourteen days from the date CAC received notice of withdrawal. CAC will use the same means of payment used in the original transaction for such a refund unless explicitly agreed otherwise. In no event will CAC charge for such a refund.
If a client has requested that the services, commence during the withdrawal period, the client shall pay CAC 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 notices always require a written form. Refraining from participation in training 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 will be incurred for services received up to this point.
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. In any case, CAC must be promptly notified in writing of the commencement of work.
All other clients:
A client can withdraw from the qualification contract up to 10 business days before the beginning of the qualification. The client will be charged a withdrawal fee in the amount of 500€. From 10 working days before the qualification, termination is excluded.
In case of termination by the participant/contracting party during the qualification, the remaining contractually owed balance, considering the payments already made and deducting the costs not incurred by CAC, becomes immediately due and is to be paid by the contracting party to CAC.
The statutory right of all clients to extraordinary termination remains unaffected in any case.
4.3 Withdrawal and Termination by CAC
CAC reserves the right to postpone the qualification until one business day before the start of the course.
In cases of force majeure (e.g. natural disasters, fires, accidents, terrorist events) or if the minimum number of participants is not reached, CAC is also entitled to cancel the qualification completely. Any claims of participants above the statutory claims from the statutory restitution obligation are excluded.
CAC may terminate the qualification contract for good cause without notice if facts exist which make it unreasonable for CAC to continue the contractual relationship until the 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:
– incorrect personal data
– repeated lack of willingness to perform or cooperate in training
– repeated absence from training without reason
– gross violations of the general terms and conditions or the applicable house rules
– significant overdue payments
– gross misconduct of the participant towards other participants, trainers and/or CAC employees
– repeated disregard of trainer instructions
Before a termination due to an important reason is pronounced, CAC 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 CAC.
After receipt of the extraordinary termination by the contracting party, the remaining contractually owed balance, taking into account the payments already made and deducting the costs not incurred by CAC, becomes immediately due and is to be paid by the contracting party to CAC.
5 Obligations to Cooperate
5.1 Attendance and Absence
All participants are obliged to participate actively and in a committed manner during the qualification. The attendance of the participants is recorded electronically. Absences must always be reported by the participant through the systems provided by Code Academy College without delay, starting from the first day.
For public education voucher holders, absence is only accepted for reasons approved by the public funding agency, which the participant must obtain independently from the public funding agency. Every day of absence must be documented with a doctor’s certificate of incapacity from the first day. The certificate must be received by the responsible CAC employee 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.
Active participation in project work and the submission of projects serve as a measure of success and are therefore mandatory. With an absenteeism rate of >10%, successful completion of the qualification is at risk. CAC reserves the right to terminate the contract if this rate is exceeded and to withhold the issuing of a certificate for quality assurance. In the event of effective termination, the remaining contractually owed balance, considering the payments already made and deducting the costs not incurred by CAC, becomes immediately due and is to be paid by the participant to CAC.
CAC 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 CAC that participants successfully take up employment after completion of the qualification. In order to track success rates, every graduate is asked to notify CAC immediately upon starting new employment. CAC handles this information confidentially and uses it only for statistical success control. Public education voucher holders are required by law to inform CAC upon starting new employment. CAC 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 and Protection
6.1 Liability
Liability of CAC for damages, irrespective of the legal basis, is limited to the foreseeable damage typically arising from this qualification contract. Besides those damages, CAC is only liable for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by its legal representatives or vicarious agents, as well as for other damages which are based on an intentional or grossly negligent breach of duty by its legal representatives or vicarious agents. Any other liability is excluded.
This applies in particular
– for loss or damage to personal property and data,
– for damage to the participant’s hardware or software caused by connection to CAC virtual training platform or CAC hardware,
– in the event of disruption of access to the virtual training platform,
– for missed training resulting from a malfunction of the hardware or internet line of the participant.
6.2 Theft
CAC reserves the right to prosecute any theft of third-party property as well as the infringement of copyrights.
6.3 Data Protection
CAC 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 fulfill any statutory obligations – in compliance with the statutory data protection provisions.
Information on digital learning tools:
CAC 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 the handling of personal data at CAC.
6.4 Copyright
The participant agrees to comply with existing copyrights and related property rights. The training materials provided by CAC may only be used for training purposes. Picture and sound recordings of any kind or screenshots of the lessons are not permitted. All video, sound and image rights are held by CAC. The participant indemnifies CAC from any claims of third parties in relation to violations of this agreement.
6.5 Granting of rights
The participant grants CAC free of charge the simple, transferable, temporally and locally unlimited rights of use for all products, which may be produced in cooperation with other participants and the trainer during the qualification, insofar as the participant is entitled to copyrights or rights to inventions or creations which are capable of being protected by industrial property rights. The granting of rights extends to all known types of use that are of significance for CAC or the partner company for which the product is manufactured according to the purpose of the qualification. CAC may transfer the rights of use to partner companies.
The participant agrees not to infringe any industrial property rights of third parties during the manufacture of the product. The participant further agrees to sign a separate licence agreement with CAC in individual cases regarding the respective product.
7 Technical Aspects
7.1 Hardware, Software, Internet
Should hardware, software and/or network accesses be made available by CAC, these may not be used for purposes contradict generally valid legal regulations. It is therefore forbidden to transmit, store, process and disseminate violence glorifying, pornographic and racist representations in image, sound and writing. Copying, editing or deletion of foreign data is not permitted. Criminal actions are notified to officials for prosecution.
The participant commits to handling the technical equipment provided by CAC with care. The removal and exchange of CAC hardware, unauthorized interventions in the hardware and software configuration as well as 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 CAC employee. Teaching-related data must be backed up daily on external storage devices and regularly checked for viruses. The storage of private data, games, films, music etc. on network drives, provided cloud storage or learning station devices is not permitted. Misuse of CAC licenses will be reported to the licensor. The damage is then settled by the licensor directly with the participant.
7.2 Virtual Training Platform of CAC
The participant is granted the right to use the virtual training platform of CAC for the duration of the qualification contract. The participant is entitled to use the virtual training platform exclusively for training purposes. Any other use, such as for private purposes, is not permitted. The provision of the virtual training platform outside training hours for training purposes is a voluntary additional service to which the participant is not entitled. CAC expressly reserves the right to restrict the provision at any time or, in particular, to withdraw it completely in 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 sublicensed.
The participant agrees to protect access data against access by unauthorised 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 CAC. In this case, the participant must immediately cease using the virtual training platform. In this case, CAC is entitled to block online access.
The participant has to read all messages sent by CAC to his e-mail address in a timely manner.
CodeAcademy GmbH, 10557 Berlin
Februar 2025
