Terms & Conditions (T&Cs)

These Terms and Conditions (T&Cs) govern the use of services provided by EMA European Mainframe Academy GmbH (hereinafter referred to as EMA) in the version valid at the time of order placement. Please read these terms carefully before placing an order or assignment with EMA. By placing your order, you agree to the application of these T&Cs.

These T&Cs of EMA apply to the use of e-learning, blended learning, and onsite activities offered by EMA in the form of courses, specialisation modules, or seminars. All services provided within the scope of such learning programmes are subject to these T&Cs. Our T&Cs apply exclusively; we do not recognise any terms and conditions of the customer that contradict or deviate from our T&Cs unless we have expressly agreed to their validity in writing. Our T&Cs also apply if we provide services to the customer unconditionally, despite being aware of terms and conditions from the customer that contradict or deviate from our own.

E-learning refers to digitally provided materials (PDFs, videos, quizzes, practical exercises, learning tasks, etc.) for knowledge acquisition, which can be accessed and used on electronic devices. Blended learning refers to a combination of at least two different learning formats. This includes in-person sessions, which may be held at EMA facilities, public venues, or on customer premises.

The presentation and promotion of courses on our website do not constitute a binding offer to conclude a contract, but rather an invitation to book the described products.

The contract becomes binding when we confirm your order.

You are bound by your order for a period of two weeks from the date of submission, with the date of receipt by us or the time of acceptance by phone being decisive. Any existing right to withdraw your booking remains unaffected.

You can register in a legally binding manner via the Internet, by phone, or in writing (mail or e-mail).

Additionally, you may request and commission offers from our sales department. We will promptly send you a registration or offer acceptance confirmation by email (if not otherwise agreed), which will conclude the contract.

As the number of participants in our blended learning courses and specialisation modules is limited, we will consider registrations in the order in which they are received.

Please note that cancellations and withdrawals are excluded for pure e-learning courses (i.e. courses without trainer participation).

You may transfer your right to participate to a substitute participant designated by you in writing at any time. This will not incur any additional costs.

For virtual training (courses and modules), the following applies: If you cancel your registration within 5 working days before the first day of the course or do not attend the course, we are entitled to charge you the full course fee.

For in-person events and in-house training, the following applies: If you cancel your registration within 11 working days before the first day of the course or do not attend, we are entitled to charge you the full course fee.

This does not apply if:

• A substitute participant is appointed.

• Participation in a follow-up course is booked bindingly.

• For long-term training programmes lasting more than six months, only the first six months will be charged proportionately.

We reserve the right to cancel for organisational or technical reasons (such as failure to reach the minimum number of participants required by the course type, sudden illness of the instructor, or technological changes). If we need to cancel, we will attempt to rebook you for an alternative course. In the event of a cancellation by EMA, the full price plus VAT will be refunded if payment has already been received.

Further claims for liability and damages, except in cases of injury to life, body, or health, are excluded unless caused by intent or gross negligence on our part. This also applies to any wasted expenses (e.g., hotel rooms, flights, or train tickets booked by you). Otherwise, the provisions in the section “Liability” apply.

The price indicated at the time of booking is binding. The prices listed (including cancellation fees) are net amounts in EUR. Statutory VAT is added to the net price. Fees are invoiced at the start of training. The standard payment term is 14 days, though this may be extended to 30 days. Partial participation in our courses does not entitle the participant to a reduction in fees. If you plan to book a larger number of training activities within 12 months, we recommend entering into a framework agreement. For training programs lasting more than six months, fees are due in instalments. The final payment must be made no later than three months before the end of the training program. Deviations from these terms must be agreed upon in writing.

In case of on-site inhouse trainings travel cost will be charged on-top of the course fees. If not otherwise agreed it will be charged as a flat rate per day and trainer.

Our offerings are continuously updated. Current information can be found at www.mainframe-academy.de. We reserve the right to make necessary content and methodological adjustments or deviations in our training programs, provided that these do not significantly alter the topic and overall character of the booking in question.

We reserve all rights, including those of translation, reprint, and reproduction of the content and training materials or media, or any parts thereof. No part of the content or course materials or media may be reproduced in any form—whether for educational purposes or otherwise—without our written permission. This includes reproduction by electronic means, duplication, distribution, or public display.

You do not acquire any right to publish the accessed content. In particular, you are not permitted to reproduce, modify, distribute, reprint, store content beyond the contractual purpose, especially for creating a database, or share it with third parties.

In EMA’s training activities, software, including electronic learning media protected by copyright and trademark rights, is used. This software, including electronic learning media, may not be copied, processed in machine-readable form, or stored or used on IT systems outside of EMA, unless otherwise agreed in writing.

If and to the extent that design and/or content elements to be provided by the customer, such as texts, images, logos, e-learning materials, tables, or graphics (hereinafter collectively referred to as "Customer Material"), are to be included in courses, or if and to the extent that services are to be rendered or created based on Customer Material for other uses, the customer must provide the Customer Material in a timely manner, in digital form (unless otherwise agreed), and in the quality required for the proper provision of the contracted service.

Necessary preparations of Customer Material (e.g., if the material provided by the customer does not meet the requirements) will be billed separately based on effort. The procurement or creation of Customer Material is solely the responsibility of the customer. In particular, Customer Material must not violate applicable law (including criminal law, copyright, or other third-party rights). It will not be checked whether the Customer Material is suitable for the customer’s intended purposes, but we will inform the customer if there is a clear indication of incorrect assumptions.

The customer shall indemnify us from any liability and compensate for any damages and other costs arising from third-party claims due to legal infringements caused by the Customer Material provided by the customer.

If the Customer Material is legally protected (e.g., copyright or trademark rights), the customer grants a non-exclusive right, limited to the duration of the contractual relationship, to process the Customer Material within the framework of the contractual agreements and to perform all necessary or useful actions. All other rights remain with the customer.

If the customer fails to fulfil their cooperation and/or provision obligations, EMA may withhold the owed services until these obligations are met. Such delays on the customer's side will result in a corresponding extension of any bindingly agreed dates and/or execution deadlines.

The customer is obligated to compensate for any damages arising from inadequate cooperation or provision.

Upon receipt of the registration confirmation and payment of the fee, customers will receive access rights for the agreed usage period to view the digital media content on a screen (PC, tablet, smartphone) and to use it within the usage period.

The course offering is generally available 24 hours a day (hereinafter "operating hours"). Excluded from operating hours are periods in which data backup, system maintenance, software updates, or work on the system or database are performed. EMA reserves the right to carry out these tasks during operating hours if necessary in the interest of users. This may result in disruptions to data access, which EMA will endeavour to keep to a minimum.

Participants in virtual training sessions will have free access to course materials for 12 weeks after the end of the training. These T&Cs apply during this period.

We would be pleased to keep you informed about our future events: for this purpose, the necessary data will be stored. You may withdraw your consent at any time. Our privacy policy can be found on our Data Privacy page.

The customer may only use the training offer appropriately. In particular, they will keep their username and password for accessing the service confidential, will not disclose it, will not allow or enable access by others, and will take the necessary measures to ensure confidentiality. In case of misuse, loss, or suspected misuse of these credentials, the customer must notify EMA.

We reserve the right to investigate any suspected misuse or significant breaches of contract, take appropriate precautions, and, in the case of reasonable suspicion, suspend your access to the content—at least until the suspicion has been cleared by you—and, if particularly serious violations occur, terminate the contractual relationship without notice. If you clear the suspicion, access will be restored.

The technical requirements for using the courses include a compatible internet browser and the latest version of Adobe Acrobat Reader if the respective content is accessed in PDF format, as well as additional software that may vary depending on the offering. Providing access to the internet or customer systems is not part of this agreement.

If the provision of contractual services is disrupted due to circumstances within EMA’s responsibility, you must notify us of the issue. Such services will be corrected in a timely manner. If we do not provide the service in accordance with the contract after a reasonable period following a justified complaint, you may withdraw from the contract; in this case, any fees already paid (minus any costs and expenses incurred by EMA) will be refunded.

Any grant of usage rights is conditional upon full payment of the respective fee. The customer is not entitled to modify and/or remove references to EMA's authorship without EMA’s explicit written consent. EMA retains the right to use, distribute, and exploit all underlying knowledge, concepts, procedures, methods, know-how, and approaches of the work product without restriction.

EMA is liable for damages within the framework of statutory provisions only in accordance with the following provisions.

EMA is liable for damages resulting from injury to life, body, or health, as well as for damages caused by intentional misconduct or gross negligence on the part of the publisher or its legal representatives or agents, and for damages arising from failure to comply with a warranty provided by the publisher or from defects fraudulently concealed.

EMA is liable, limited to compensation for the typical, foreseeable damage, for such damages based on a slightly negligent breach of essential contractual obligations by EMA or its legal representatives or agents. Essential contractual obligations are duties whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies.

EMA’s liability for other cases of slight negligence is limited to €5,000 per damage event.

Other claims for damages by the customer are excluded. The provisions of the Product Liability Act remain unaffected.

The limitations of the above provisions also apply in favour of the publisher’s legal representatives and agents if claims are made directly against them.

EMA will not solicit any participants from a client. The client will not solicit any trainers or coaches of EMA or to conduct direct business with external trainers. This obligation applies for a period of two years after the conclusion of a training activity.

The contractual relationship is governed exclusively by the law of the Federal Republic of Germany.

If the participant is a merchant, a legal entity under public law, or a special fund under public law, or if the participant does not have a general place of jurisdiction in Germany, Berlin shall be the place of jurisdiction for all disputes arising in connection with participation. This also applies if a member has no general place of jurisdiction in Germany, moves their residence or habitual place of residence outside the jurisdiction of the Federal Republic of Germany after registration, or if the participant's residence or habitual place of residence is unknown at the time of filing a lawsuit.

Cancellation Policy

Right of Withdrawal for Consumers

Consumers have a fourteen-day right of withdrawal.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of the contract’s conclusion.

To exercise your right of withdrawal, you must inform us (EMA European Mainframe Academy GmbH, Alt-Moabit 90d, 10559 Berlin, Email: [info@mainframe-academy.de]) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of this reimbursement. If you requested that the services begin during the withdrawal period, you shall pay us an amount proportionate to the services provided up to the time you notified us of your withdrawal from this contract, relative to the full scope of services stipulated in the contract.

Withdrawal Form Template

If you wish to withdraw from the contract in accordance with the above cancellation policy, you may fill out and return this form to us. However, the use of the form is not required.

To

EMA European Mainframe Academy GmbH
Alt-Moabit 90d
10559 Berlin

Email: info@mainframe-academy.de

I/we () hereby withdraw from the contract concluded by me/us () for the provision of the following service:

Booked on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this notification is on paper)

Date

(*) Delete as appropriate.