General Terms and Conditions of AlphaNodes GmbH

CONTENTS:

D. eLearning TERMS OF USE

1. Preambel

a) The following supplementary terms of use apply in addition to the general terms and conditions of AlphaNodes GmbH for buyers or participants (hereinafter also referred to as customers or users) of eLearning products. AlphaNodes provides its customers with various electronic eLearning products in the online offers. These terms of use regulate the rights and obligations of the parties with regard to access to this content by the customer / user.

b) For the purposes of these supplementary terms of use, the customer is a person who concludes a contract with AlphaNodes in accordance with the terms of use. The customer (of an individual course) is himself entitled to use or (in the case of company licenses) is entitled to make his customer data available to other employees of the same company at the same location.

2. Scope of services

a) The contents accessible to the customer within the framework of a course are specified in the description of services on our website (Redmine online course), from which the agreed nature of the course also results.

b) The eLearning courses are generally available 24 hours a day seven days a week, whereby an availability of 98% calculated on the calendar year is possible. Availability is calculated according to the formula: Availability = (total time - total downtime) / total time.

c) AlphaNodes is entitled to change, restrict or exchange the contents of the courses as well as to modify modules appropriately with regard to their contents, in particular to reduce or extend them appropriately.

d) Statements and explanations regarding the courses in advertising material and on the AlphaNodes website and in the documentation are to be understood exclusively as a description of the quality and not as an indication of the warranty or assurance of a property.

e) The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers (if there are any).

f) Our offer is addressed to business customers. All price information are strictly net plus 19% german tax. There are no additional delivery expenses. The access data (Token) will be transferred by electronical means, only. The third party e-commerce plattform “Avangate” or “DPD” has the assignment for the handling of your payment. All deliveries under this Agreement will be electronic to the email addresses specified in your order when we have received payment of the applicable fees.

3. Content access and time period of use

a) Access to the contents. Access is made possible after successful payment of the service, not earlier. The customer shall receive personal access data for webinars and webinar series via email, only. The use of these access data and the associated use of the webinar or webinar series is limited to the respective participant and to a certain period of time. Passing on the access data to third parties is not permitted. The user is responsible for the secure storage of the access data during the period provided. You are responsible for compliance with these Terms by all end users.

b) Period of Use: The use of the eLearning access (access token) is limited to a period of 30 days from the date of purchase, unless a different period is specified in the service description. AlphaNodes is entitled to take technical measures to prevent use beyond the contractually permissible scope, in particular to install appropriate access barriers. The customer is not entitled to use devices, programs or other means, which serve to circumvent or overcome our technical measures. In the event of a breach by the contractual partner,we are entitled to block access to courses immediately and to terminate the contract without notice. Further rights and claims of us, in particularclaims for damages, remain unaffected by this.

4. Termination / Withdrawal / Cancellation costs

a) The agreed rate has a fixed time period of 30 days.

b) The contract ends automatically at the end of the term. Premature ordinary termination is not possible. In the event of premature termination of eLearning use or non-use by the customer, the full fee shall be payable.

c) The right of each party to extraordinary termination for good cause remains unaffected.

d) Upon termination of the contract, AlphaNodes is entitled to immediately block the contractual customer’s access to the respective course.

e) In the event of termination of eLearning, no payments will be refunded.

5. Terms of payment

a) The customer is engaged to select one of the offered payment options during the order process. Our preferred payment option is prepayment (sale against cash in advance), only (PayPal or bank transfer to german account)! Other payment options are our judgment. The customer does not have the right to insist on a special payment option.

b) The third party e-commerce plattform “Avangate” or “DPD” is instructed to handle the payment for us. After finishing the order and payment process you get further information from them on how to handle the eLearning product access you just bought. Please make sure you have already read and accepted the Avangate or DPD terms and conditions before buying our products.

6. Liability

a) Responsibility for Users. Our eLearning product works only if you as customer provide the necessary requirements like a non restricted internet access and up-to-date Internet browser without popup blogging. If payment is required for users to use or access an eLearning product, then we are only required to provide the products to those end users for whom you have paid the applicable fees, and only such end users are permitted to access and use the products. You are responsible for compliance with these Terms by all end users, including for any payment obligations. Please note that you are responsible for the activities of all your end users and how end users use the provided data, even if those end users are not from your organization or domain.

b) Customer email. The customer has to make sure that the email address he used during the buying process is valid and correct. This mail address may also be used during time of service to inform the customer about updates to the eLearning product as well as regarding information. In case the email did not arrive within the named time period make sure to check on your Spam file.

c) Warranty. The service is provided “as is”. we do not make any warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. We do not warrant that your use of the service will be uniterrupted or error-free. We shall not be liable for delays, interruptions, website failures or other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control. The eLarning products are provided for guidance only, and we make no warranties as to its accuracy or reliability. The service is accessed and used at your own discretion and risk and we shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, trojan horses or other destructive code resulting from access to or use of the service. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law.

7. Support

a) Support. If you have any support inquiries regarding the service access, please contact us via email using the contact information published on our website. For the avoidance of doubt, the service does not include support services.

8. Protection of the licensed material

a) We shall remain the owner or holder of any and all rights of use in the eLearning product and related user documentation granted through the present T&C.

b) The customer does not receive any ownership or exploitation rights to the contents and materials provided. The content is licensed and not sold.

c) The customer may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any provided content unless we give you explicit permission to do so.

9. Amendment of the terms

a) We reserve the right to amend these terms at any time, without giving reasons. The customer will be notified about the changes in due time and informed about his right of objection (i.g by email). The amended terms are deemed to be accepted as long as you do not disagree to them within 14 days. In case you do not agree to our changes we are obliged to withdraw from the contract with the customer. The withdrawal must be sent to us by letter. If parts of these terms are invalid and/or unenforceable for any reason, the remaining provisions shall remain intact and enforceable to the fullest extent permitted by law.

b) German law shall apply to the contractual relationships. The UN Convention on Contracts for the International Sale of Goods is excluded. With regard to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory legal provisions of the state in which he is domiciled or habitually resident.

c) The place of jurisdiction for transactions with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to sue at the customer’s domicile.

Privacy

Please visit our privacy terms to find out how we proceed with your personal data when using our services and website.

Effective starting: January 1, 2019