TRAINING AGREEMENT (“Agreement”) is executed by and between on the day it is viewed/received or within 7 days of the respective Data Analyst Course start date or once it is accepted by any digital confirmation means possible
CodingInvaders Private Limited incorporated in India and having its Registered Office at Office no. 202, Kamal Kirti, B Wing, Second Floor, Sr. No. 120 AB/3, Pune, Maharashtra, India 411030, of the ONE PART;
AND
Student refers to the individual signing the below Agreement (hereinafter referred to as “Student”, which expression shall, unless repugnant to the context or meaning thereof, include its successors, executors, administrators, legal representatives, permitted assigns and nominees) of the OTHER PART;
The Company and the Student shall hereinafter be referred to individually as a “Party” and collectively as “Parties”.
WHEREAS:
A. The Company is an edtech startup providing online education in the fields of Data Analytics,
Full Stack development etc.
B. The Company is desirous of providing training in the subject of Data Analysis
(“Training”) to the interested students.
C. The Company shall provide the Training to the interested students on such terms and
conditions as set out in this Agreement.
D. In reliance of the mutual covenants and agreements, the Company and the Student are desirous of regulating their relationship in accordance with and subject to the terms hereof and in the manner set forth herein in the agreement.
NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS SET FORTH HEREIN AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in this Agreement shall have the following meanings:
1.1.1 “Applicable Law” means any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction,
or any similar form of decision of, or determination
1 by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any governmental entity or authority having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter which will govern the “Parties” to this
agreement;
1.1.2 “Fee” shall have the meaning ascribed to it in Clause 5.1 of this Agreement;
1.1.3 “Money Back Guarantee” shall have the meaning ascribed to it in Clause 6.1 of this Agreement;
1.1.4 “Qualifying Job Offer” shall have the meaning ascribed to it in Clause 6.2 of this Agreement;
1.1.5 “Third Party” shall mean any person who is not a party to this Agreement; 1.1.6 “Training” shall have the meaning ascribed to it in Recital B of this
Agreement; 1.2 Interpretation: In this Agreement, unless the context otherwise requires:
1.2.1 A reference to any document is a reference to that document as varied, novated or replaced from time to time;
1.2.2 The singular includes the plural and conversely;
1.2.3 A reference to a gender includes all other genders;
1.2.4 A reference to a person or entity includes a natural person, a partnership, corporation, trust, association, an unincorporated body, authority the interpretation of this Agreement.
1.2.5 Where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
1.2.6 A reference to a Clause or annexure is to a Clause of or annexure to the Agreement;
1.2.7 A reference to any agreement or document is to that agreement or document as amended, novated, supplemented, varied or replaced from time to time, except to the extent prohibited by this or that other agreement or document;
1.2.8 A reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under;
1.2.9 A reference to conduct includes any omission and any statement or
undertaking, whether or not in writing;
2 1.2.10 Mentioning anything after include, includes or including does not limit what
else might be included;
1.2.11 The headings and titles in the Agreement are indicative and shall not be deemed part of the Agreement or taken into consideration in the construction of the Agreement; and
1.2.12 Terms defined elsewhere other than in Clause 1.2 shall have the same meanings ascribed to them when used in capital anywhere in the Agreement, unless otherwise specified.
2. SCOPE OF TRAINING
2.1 The Company shall provide online training to the Student in the subject of Data Analysis
3. TERM
3.1 This Training shall occur for a minimum period of six months and two weeks (6.5) months and not exceeding fifteen (15) months
3.2 If for some reason the Student fails any exam in the course of the Training, then he / she shall be asked to repeat the exam, subject to the discretion of the Company for a maximum of three (3) times.
4. ELIGIBILITY CRITERIA
4.1 The Student must satisfy the below mentioned criteria to be eligible to enroll for the Training:
4.1.1 Be of at least twenty one (21) years of age;
4.1.2 Must be proficient in both spoken and written English;
4.1.3 Must reside in, and be legally authorized to work in India; and
4.1.4 The Student must have paid the full Fee prior to the start of the Training. 4.2 The Student must satisfy the below mentioned criteria to be eligible for placement:
4.2.1 The Student has successfully finished the Company’s Training, which includes:
a) Passing all the modules and submitting all the projects on the platform within official deadlines which will be tracked by the company
b) Passing all the examinations, including midterm exams and a final exam as
5. FEE
demanded by the company with a minimum scoring of 75% in every exam
i) The Company may use various forms of assessment of technical skills as well as soft skills, including external platforms with a proctoring system.
If any attempt at cheating is detected, the Student automatically fails an
exam attempt and shall not be eligible for further attempts.
ii) For the final assessment the Student is eligible for 3 attempts for
technical skills assessment (including usage of external platforms) and 2 attempts for passing technical interview if such forms of assessments will be used by the Company
4.2.2 The Student has followed the Career Service process including but not limited to: a) Successful completion of all assignments assigned by the Career
Services Team, including CV making and interview preparation, within a given deadline within one (1) month after passing the final exam.
b) Attendance and participation in the live mock sessions and meetings assigned by the Career Services Team.
c) Appearing in an interview with a hiring partner. If the student fails to attend the interview, Coding Invaders will have all the rights to deny any other interview opportunity.
d) Submitting assignments for the hiring partners within a deadline specified by the Career Services Team.
e) Demonstrating “good faith efforts” (as determined at the sole discretion of the designated Career Coach and the Career Services Team) towards an active job search for a Qualifying Job Offer (defined below) within six (6) months of passing the final exam;
f) The Student should have been responsive to communications from the Career Services Team, including but not limited to responding to all Career Coaching communications and Employer Partnerships communications, in each instance, within one (1) business days;
g) Sharing any interview result, the status of applications, and job offer/s with Career Services Team via surveys, email, or any other forms of communication on a daily basis.
h) The Student should have provided all communication with prospective employers, showing the inability to secure a Qualifying Job Offer.
5.1 The fee for enrolling in this Training is Rs.137,000 (Rupees One Lac thirty seven thousand) (“Fee”) which may be subject to an additional discount at the absolute discretion of the Company.
5.2 The Fee for the Training can either be paid in full, or it can be paid in twelve (12) equated monthly installments.
5.3 The Student shall not be eligible for the Training / Qualifying Job Offer / Money Back Guarantee provided he / she has not made the complete payment of the Fee. In event of the Student opting for an Installment option, any delay or failure to pay even a
3 single installment, will result in the termination of the Student Training / Qualifying Job
Offer / Money Back Guarantee.
6. MONEY BACK GUARANTEE
6.1 The Company provides a complete money back guarantee on the Fee paid by the Student (“Money Back Guarantee”), if the student has satisfied all the criterias under Clause 4.2 above and that the Company has not been able to secure a Qualifying Job Offer for the Student, subject to Clause 5.3 above.
6.2 As provided in Clause 6.1 above, a Qualifying Job Offer is one which has any one of the following conditions met:
6.2.1 For a position in the field of Data Analysis;
6.2.2 For a position as an employee, apprentice, intern, or independent
contractor;
6.2.3 Paid for, including in cash;
6.2.4 Anticipated to be an average of 30 hours or more per week or multiple offers for part -time/internship work constituting the equivalent of an average of 30 hours or more per week; and
6.2.5 Anticipated to be at least 4 weeks in duration.
6.3 The Company reserves the right to change / revoke / alter / amend the Money Back Guarantee at its discretion without explicitly informing the other party.
7. REFUND OF FEE
7.1 The Company shall not be liable to return the Fee to the Student if any of the terms of this Agreement, in particular, Clauses 4.2.1 and 4.2.2 are not complied with.
7.2 Further, the Company shall not return the Fee to the Student in the following circumstances:
7.2.1 The Student intentionally sabotages the Qualifying Job Offer.
7.2.2 The Student who gets rejected by the Students prior conduct, misbehavior or discriminatory records.
7.2.3 The Student is seeking the money back guarantee due to fraudulent reasons.
7.3 If the Student believes that he / she is eligible for the Money Back Guarantee, then he / she must email info@codinginvaders.com. The email must set forth the following:
7.3.1 The Student’s full name and contact information (address, phone number, email address);
7.3.2 Certifying that the Student has successfully completed the Training; met all job
search requirements (and any other applicable requirements) and satisfied all of the terms and conditions set forth in this Agreement;
7.3.3 Certifying that as per Clause 4.2.2 (f) the Student was unable to obtain a Qualifying Job Offer within six (6) months from the date the Student has successfully completed the Company’s Career Service process as per Clause 4.2.2; and
7.3.4 Therefore the Student is entitled to a full refund of Fee, as applicable, pursuant to the terms and conditions in this Agreement.
7.4 The Company shall review the refund of Fee request and may seek further information or verification relating to the Student, which the Student must provide 5 days of the Company’s request. If the Company believes that the Student’s request is genuine and that the Student has complied with all the criteria mentioned in Clauses 4.2.1 and 4.2.2 of this Agreement, the Company shall within a period of one (1) month refund the complete Fee to the Student.
8. INDEMNITY
8.1 The Student shall indemnify and keep fully indemnified the Company and its associates / agents / sub-agents / employees / directors / representatives at all times against all liabilities, costs (including legal costs on an indemnity basis), expenses, damages and losses including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable costs and expenses suffered or incurred by the Company and/or its associate(s) / agent(s) / sub-agent(s) / employee(s) / director(s) / representative(s) arising from any breach of this Agreement by the Student or arising from a breach of any other contract(s) between the Parties and from the actions or omissions of the Student or of any associate(s) / agent(s) / sub-agent(s) / employee(s) / director(s) / representative(s) of the Student in violation of any Applicable Law or custom or trade practice.
8.2 This clause shall survive termination of this Agreement.
9. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the Parties hereto and revokes and supersedes all previous discussions / correspondence and deeds /agreements, memorandum of understanding between the Parties hereto, if any, concerning the matters covered herein whether written, oral or implied;
10. MODIFICATION
The terms contained in this Agreement shall not be altered, modified and / or any additions made to this Agreement except by written amendment duly agreed by the Parties hereto;
11. RECITALS PART OF AGREEMENT
The foregoing recitals are treated as forming an integral part of the operative portion of this Agreement, and this Agreement shall be read, understood and construed accordingly.
12. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
13. WAIVER
No failure or delay on the part of either Party in exercising any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or future exercise thereof or exercise of any other right. The remedies herein are cumulative and not exclusive of any remedies provided by law.
6
14. ASSIGNMENT
The Student shall not be entitled to assign any of its rights and obligations in this Agreement to any Third Party. However, the Company may assign all or part of its rights and obligations to one or more of its affiliates or any successor in interest.
15. GOVERNING LAW AND JURISDICTION
15.1 This Agreement shall be governed by, and construed and enforced in accordance with the laws of India and the Courts in Mumbai shall have exclusive jurisdiction. Parties may refer the dispute for resolution by arbitration in Mumbai in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated by reference in this Clause.
15.2 The Parties further agree as follows:
15.2.1 The Parties agree that any arbitration commenced pursuant to this Clause shall be conducted in accordance with the Expedited Procedure set out in Rule 12.3 of the MCIA Rules.
15.2.2 The seat of the arbitration shall be in Mumbai.
15.2.3 The Tribunal shall consist of one arbitrator, solely appointed by the Company. 15.2.4 The language of the arbitration shall be English.
15.2.5 The arbitration award made by the arbitrator shall be final and binding on the Parties and the Parties agree to be bound thereby and to act accordingly. The award shall be enforceable in any competent court of law.
15.2.6 The award shall be in writing.
15.2.7 The law governing this arbitration agreement shall be the Arbitration and Conciliation Act, 1996, as amended from time to time.
15.2.8 Either Party shall be entitled to apply to the appropriate competent court for interim or interlocutory relief in respect of such arbitration.
16. NOTICES
Any notice or communication to be given under this Agreement shall be in writing and may be given to the relevant Party at its postal address or electronic mail address set out below (or to such other postal address or electronic mail address as such Party may have notified to the other Parties for the purposes of this Agreement). Such notice shall be effective upon receipt.
17. FORCE MAJEURE
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy.
WHEREUPON as of the Effective Date, the Parties agree to be bound, and have caused this Agreement to be executed: