Effective from 26 September 2023
1. ZGS Bildungs-GmbH, Ludwig-Erhard-Str. 2, 45891 Gelsenkirchen (hereinafter referred to as iQ Lingua), offers courses - both group and individual lessons (depending on the contractually agreed course type) - in the field of adult education (mostly language courses) at its locations (face-to-face teaching) as well as online coaching. In language courses, participants are taught by instructors who follow the Common European Framework of Reference for Languages (CEFR). Unless specifically differentiated between face-to-face teaching and online coaching below, the following regulations apply to both offers/services provided by iQ Lingua.
2. iQ Lingua is authorized to have the lessons conducted by freelance employees and qualified third parties. Only the registered participant is entitled to take the lessons. Any use of the lessons by third parties requires the consent of iQ Lingua.
3. Registration is indefinite but subject to the agreed minimum term (see the front side of the registration form).
4. Contracts with a minimum term can be terminated by either party at the end of the agreed minimum term with one month's notice. If the contract is not terminated at the end of the agreed minimum term, it will be extended indefinitely. The contracting party has the right to terminate the extended contract, which goes beyond the minimum term, at any time with one month's notice at the end of a calendar month.
5. In the case of contracts with a minimum term, iQ Lingua grants the contracting party a special termination right within the agreed minimum term with one month's notice at the end of the calendar month.
6. When exercising a special termination right according to clause 5, the contracting party is obligated to retroactively pay the difference to the higher participation fee that would have been applicable for the shorter, now actual term from the beginning to the end of the contract. If iQ Lingua does not specify a separate participation fee for the actual term, the participation fee for the next shorter term is applicable.
7. The above regulations in clauses 4-6 do not apply to contingent contracts, i.e., contracts for a fixed total number of hours.
8. Duo coaching (exclusively with 2 participants) can only be concluded if two participants (hereinafter referred to as "course partners") sign identical contracts on the same day. If one course partner terminates, they will exit the duo coaching at the contractually agreed termination date. The other course partner will continue the contract as individual coaching at the individual coaching rates unless they join the first termination within 14 days after being informed by iQ Lingua. If the termination of one course partner occurs due to the special termination right as per clause 5 and the other course partner joins the termination, both course partners are jointly obligated to retroactively pay the difference to the higher participation fee that would have been applicable for the shorter, now actual term from the beginning to the end of the contract. If iQ Lingua does not specify a separate participation fee for the actual term, the participation fee for the next shorter term is applicable.
9. Every termination must be in written form. In cases of temporary obstacles to performance, an extraordinary termination of the contract is excluded. If iQ Lingua is responsible for the temporary obstacle to performance, the statutory termination rights remain in effect.
10. The participation fee is due on the 3rd working day of each calendar month and must be paid in advance. If an enrollment fee is specified in the contract, it is due at the beginning of the lessons. If the contract starts in the middle of the month, the same applies to the participation fee for the first (partial) month. If direct debit is agreed upon, the debits will be made according to the contractually agreed due dates. For new contracts or other changes, the contract partner will be notified of the applicable debit amount at least five days before the debit (pre-notification period). The contract partner has the option to request an adjustment of the monthly participation fee prices by up to EUR 10.00 per year due to changing costs. This adjustment can be requested no earlier than 3 months after the contract is concluded, or 4 months for contingent contracts. Relevant cost factors include salary adjustments, material costs, rising energy costs, and other inflation-related cost increases. The payment of the participation fee is currently exempt from value-added tax (VAT). If the VAT exemption is revoked in the future due to a change in the legal regulations, iQ is entitled to invoice the applicable VAT from that point onward.
11. The lesson schedule is determined by iQ Lingua. Rescheduling for operational reasons is possible. There is no entitlement to a specific date. If iQ Lingua grants a contract interruption as a gesture of goodwill within the minimum contract term, the minimum contract term is extended by the corresponding period.
12. Regular attendance in class is required for sustainable learning success. To ensure continuous support, iQ Lingua endeavors to provide catch-up lessons exclusively for excused absences (medical certificates or other justified cases such as internships, etc.) within the following month. However, there is no entitlement to catch-up lessons. If the participant is absent from class without justification, these hours are considered completed in any case. The offsetting of catch-up lessons is not possible.
13. iQ Lingua reserves the right to withdraw from the contract if there are too few participants for an offering. Such withdrawal typically occurs five days before the start of the respective offering. Additionally, in cases of force majeure or in cases of non-temporary illness-related absence of an instructor/presenter, iQ Lingua may also withdraw. In these cases, iQ Lingua will promptly inform the participant of the cancellation of the offering. Any participation fees already paid by the contracting partner to iQ Lingua will be refunded in full. Further claims of the contracting partner/participant are excluded except in cases of intentional or grossly negligent behavior by employees or other agents of iQ Lingua.
14. iQ Lingua is entitled to provide a substitute for the announced instructor/presenter, provided that the substitute is equally qualified. There is no entitlement to instruction by a specific instructor/presenter.
15. To ensure high-quality instruction for all participants, iQ Lingua reserves the right to exempt a participant who behaves inappropriately in class from the class for that day after a warning, without reducing the payment obligation. This is the only way to ensure a calm course of instruction. After two unsuccessful warnings, iQ Lingua is entitled to terminate the contract without notice for good cause.
16. iQ Lingua is liable to customers and registered individuals in all cases of contractual and non-contractual liability in cases of intent and gross negligence in accordance with statutory provisions. In other cases - unless differently regulated below - iQ Lingua is only liable for breach of a so-called cardinal obligation (that is, an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer can regularly rely), limited to the compensation of foreseeable and typical damages. In all other cases, liability is excluded, subject to the following provisions. To the extent that iQ Lingua's liability is excluded or limited, this also applies to the personal liability of its employees, workers, representatives, and agents. iQ Lingua's liability for damages resulting from the violation of life, body, or health, or under the Product Liability Act, is not affected by the above exclusions and limitations.
17. The teaching materials provided by iQ Lingua are protected by copyright and may not be reproduced or used for commercial purposes - even in part - without the consent of iQ Lingua and the respective instructors/presenters. The user explicitly acknowledges this right.
18. Changes to these terms and conditions will be offered to the customer in writing at least two months before the proposed effective date. The customer's approval is deemed granted if they do not object to the changes before the proposed effective date. This approval effect will be specifically emphasized in the offer.
19. Alternative dispute resolution: iQ Lingua is neither willing nor obliged to participate in dispute resolution procedures before a consumer arbitration board.
20. The contracting partner assures iQ Lingua that all data required for registration will be provided truthfully and completely, and that iQ Lingua will be promptly informed of any changes in personal data (address, telephone, email, etc.). Any information about changes to data should be sent by fax to +49 (0)209 3606-275, by email to email@example.com, or by postal mail to ZGS Bildungs-GmbH, Ludwig-Erhard-Str. 2, 45891 Gelsenkirchen. If the contracting partner fails to provide information about changes to data, and iQ Lingua is thus prevented from properly providing services to the participant, especially because the participant cannot receive change notifications, iQ Lingua is not liable in any way. Without prejudice to other legal provisions, iQ Lingua is entitled to refuse to provide services to the participant in full or in part and to block the access of the respective contracting partner/participant to the offerings if false information was provided at registration, in cases of misuse (e.g., multiple registrations), or if there are credible indications of unlawful activities by the contracting partner/participant. The customer's record can be marked by iQ Lingua with a blocking notice to exclude the contracting partner/participant from future use of the offerings, including re-registration.
21. Only the laws of the Federal Republic of Germany apply, excluding private international law.
22. Should individual provisions of these registration conditions be or become wholly or partially ineffective or unenforceable, the remaining provisions and their effectiveness shall remain unaffected. In place of the ineffective or unenforceable provision, the effective and enforceable provision that comes closest to the purpose and intent of the ineffective provision shall apply. The same applies in the event of a gap.
Special Provisions for Face-to-Face Teaching
23. Insofar as face-to-face teaching at the respective location is not possible due to exceptional circumstances, such as legal and/or governmental orders or recommendations, natural disasters, damage/destruction of the course premises, or other circumstances not attributable to iQ Lingua, iQ Lingua is entitled to switch from face-to-face teaching to online coaching. The right to switch or adapt face-to-face teaching does not apply if it is unreasonable for the contracting partner.
24. In case of a change of residence, the contracting partner has the option to attend face-to-face teaching at the nearest location or to participate in iQ Lingua's online coaching.
25. Lessons are held during all holidays except for the Christmas week (24.12.-31.12.) and on statutory holidays in the respective federal state. The agreed participation fee is due for all specified periods.
26. If a participant residing abroad requires a language course to apply for a visa, the course fees for the first two contract months must be paid before the start of the contract. Only after receiving the payment will the original contract document be provided to the participant. If the participant does not start the booked language course within one month after the agreed contract start date, the contract ends without requiring a special termination. iQ Lingua will refund the course fees received from the participant, minus a processing fee of EUR 150.00.
Special Provisions for Online Coaching
27. Online coaching is available year-round, including weekends. However, online coaching is not available during the Christmas week from 24.12. to 31.12. and on statutory holidays (in the instructor's federal state as well as in the participant's federal state), as well as on Rosenmontag.
28. For sustainable learning success, regular attendance in class is required. The customer is responsible for logging in promptly at the agreed-upon time. In case of technical issues, a support staff member should be contacted immediately. Contact information can be found in your informational materials.
29. iQ Lingua grants the contracting partner the following rights when booking an online intensive coaching: Up to 14 days before the start of the booked course, rebooking to participate in a new, not yet started course is possible; if no alternative course is offered up to 14 days before the start of the booked course and this does not happen within a period of three months from the start of the originally booked course, the contracting partner will receive a refund of the participation fee. Within the 14 days before the start of the booked course, such rebooking is only possible with a medical certificate. After the start of the booked course, rebooking is no longer possible.
30. iQ Lingua emphasizes that certain technical requirements must be met by the customer to ensure optimal use of the service. To this end, the customer needs an internet-capable computer or equivalent device, a stable internet connection (at least DSL6000), a headset, and specific freely available (third-party) software. Additionally, the use of a webcam is recommended - nowadays integrated into most devices - to maximize interaction with the instructor.
31. The customer is responsible for creating the necessary technical conditions and using the necessary (third-party) software. The use of third-party software only establishes a contractual relationship between the customer and the respective provider of the third-party software. The third-party software provider does not act on behalf of iQ Lingua, nor does iQ Lingua utilize the third-party software provider to fulfill contractual obligations towards the customer. There are no claims against iQ Lingua if the customer has not fulfilled their obligation to create the necessary technical conditions.
32. iQ Lingua expressly reserves the right to further develop, change, and supplement the services offered as part of online coaching. If additional technical conditions need to be established and/or additional (third-party) software is required, the customer will be informed well in advance.
33. iQ Lingua expressly points out that using the internet and transmitting data over the internet may involve security vulnerabilities. Complete protection in this regard is not possible. It is the customer's responsibility to take the necessary precautions to protect their system from third-party access. This includes, in particular, using the common security settings of the customer's browser software, regularly backing up the customer's data, and using a firewall and up-to-date protection software to guard against computer viruses. Please note that this translation is provided for informational purposes only, and for legal purposes, it is essential to consult a professional translator or legal expert to ensure accuracy and compliance with applicable laws and regulations.