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CODESCHOOL AFRICA TRAINING AGREEMENT

BETWEEN

CreativePluck Limited, a company incorporated under the laws of Nigeria Herein after referred to as “CreativePluck” which expression shall where the context admits include its assigns and successors in title) of the first part,

And

CodeSchool Africa’s enrolee who herein unto agrees to this undertaking by clicking on the button at the end of this document.

Recital
1. CreativePluck is a leading information and technology company with a strong focus on providing innovative technological solutions, with footprints in Identity Management and Verification, process automation, digitization and data management services as well as other integrated technology solutions and services for corporate institutions & governments
2. CodeSchool Africa by CreativePluck Limited is a Program that entails human capital development and leadership-training programs for young people that are interested in building a career in the software development industry. The Program is designed to equip entry-level individuals and non-techies with the skills required for a successful career in technology.
3. The Trainee desires to participate in the training program provided by CreativePluck and Trainee recognizes that this Agreement or participation in the program is not intended to constitute any type of employment agreement or guarantee job placement by CreativePluck Limited or its training company CodeSchool Africa.
4. The purpose of this Agreement is to set forth the terms, conditions, obligations and expectations of both Parties with respect to the administration of, and participation in the program
NOW THEREFORE in consideration of the recitals, the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree that:
Definitions “Agreement” means this CodeSchool Africa Training Agreement “Involuntary Disengagement” refers to the withdrawal of a Trainee from CodeSchool Africa Training program by reason of misconduct or inappropriate behaviour of the Trainee during the Training “Payment Term” means the period during which the Trainee is to make payment for the Training “Termination by Trainee” This refers to the withdrawal or non-completion of the Training by Trainee “Termination by CreativePluck” refers to the discontinuance of the Training by CreativePluck because of cessation of business, merger, acquisition, or liquidation “Training Fee” refers to the funds/amount to be paid by the Trainee for the Training “Training” means Information Technology (Front End Web Development, Back End Web Development, and Product Design, Data Science, Data Analytics or any other training as introduced by CodeSchool Africa by CreativePluck), as well as other soft-skills training and human capital development and leadership training program provided by CreativePluck.
1. Training Services A. This Agreement applies to Training and certification offered by CodeSchool Africa by CreativePluck and provided to Trainee.
For Virtual Trainings, the training phases are:
i. Four Months of online and practical training using the latest software tools and teaching methods with a primary focus on technical projects and leadership training
ii. Two Months of Team live projects, workshops, soft skills training (CodeSchool Africa by CreativePluck Limited reserves the right to adjust her training modules as required)
For Physical Classes, the training phases are:
i. 10 weeks Months practical training using the latest software tools and teaching methods with a primary focus on technical projects and leadership training
ii. Two weeks of Team live projects, workshops, soft skills training (CodeSchool Africa by CreativePluck Limited reserves the right to adjust her training modules as required)
B. Technical Requirements. To properly utilize the Training, Trainee may need to meet software or hardware requirements (for example, appropriate computers or devices, stable Internet connection, up-to- date web browser, operating system, etc.). CodeSchool Africa by CreativePluck Limited CodeSchool Africa may post such requirements online or otherwise inform Trainee of such requirements. Trainee is responsible for meeting such requirements. If technical issues arise during the Training Services, CodeSchool Africa will use commercially reasonable efforts to resolve such problems, but will have no liability based on Trainee’s failure to meet technical requirements. CodeSchool Africa may also provide slides, documents, examples, test questions, and other materials (the “Materials”) to the Trainee.
C. Appropriate Behaviour. The Trainee must meet CodeSchool Africa’s standards for appropriate behaviour during the Training Services. CodeSchool Africa reserves the right to withdraw (without refund) a Trainee from any instance of the Training to maintain a productive classroom environment. In particular, CodeSchool Africa by CreativePluck Limited will not permit Trainee to harass other students or instructors, or to act inappropriately or disruptively. In such cases, CreativePluck will have no obligation to provide a refund or a certification if a Trainee is not granted access for inappropriate behaviour. For all Training taking place at a CodeSchool Africa’s designated site (physical or virtual), Trainee agrees that it will leave all facilities in the same condition as initially provided.
D. Assessment/Grading of Trainee shall be based on the completion of all technical projects, ongoing course assessments, and satisfactory demonstration of leadership skills as assessed by CodeSchool Africa.
2. Training Period
The duration of the Training shall be for a period specified time for the online and physical training as determined and communicated to the students (the “Training Period”) from the start date of the Training.
3. Fees
The Trainee shall bear the cost of the Training. The amount to be paid by the trainee for the Training is on our websites and marketing collaterals with the available payment options, these fees are made an integral part of this Agreement. FEES PAID ARE NOT REFUNDABLE except as provided under this agreement
4. Representation
The Trainee represent that all information provided in connection with Trainee’s application to participate in the Training is true and accurate and that Trainee has not provided any false, misleading or deceptive statements or omissions of fact. Except as disclosed to CreativePluck in writing, the Trainee represents that Trainee
i. is at least 18 years of age (if natural person) or duly incorporated (if artificial person). In the case of an underage trainee (parents, guardian shall take full responsibility of the actions and inactions of the underage trainee)
ii. has not been convicted by a court of any crime involving dishonesty or breach of trust under any law or regulation;
iii. has not enter bankruptcy or liquidation or is not contemplating bankruptcy in the six months preceding Trainee’s application (if artificial person)
5. Intellectual Property Rights
5.1 All the intellectual property rights, to and in the Training name ‘CodeSchool Africa’ or ‘CreativePluck’, software framework for the delivery of the training, Materials (whether in printed or in electronic, digital or any other format) and all data generated during the Training Period, are the exclusive intellectual property of CreativePluck Limited.
5.2 The Trainee shall have no right or authority to use the name, trademark or other brands of CreativePluck or imply any endorsement from CreativePluck Limited. Trainee agrees not to use the name of CreativePluck or its affiliates or to quote the opinion of any of its employees in any advertising without obtaining prior written consent of CreativePluck.
5.3 Trainee hereby grants to CreativePluck the right to use his/her name, likeness or voice for promotional, presentation and advertising purposes, without compensation, in any photos, videos or any other works based upon such images in any works in any media, now known or hereinafter devised to be used, edited or distributed by CreativePluck Limited at its sole discretion and but with notification to the Trainee, in all manner and acknowledge CreativePluck’s ownership of such assets.
6. Confidentiality
CreativePluck Limited will maintain the confidentiality of Trainee personal information produced by it or furnished to it and will not disclose personal information except as CreativePluck may request for its own use, or as provided under this Agreement, or as required by law.
7. Termination
7.1 This Agreement will terminate upon completion of the Training or upon termination or disengagement in accordance with this Agreement.
7.2 Termination by CreativePluck. If, through any cause, CreativePluck is unable to perform its obligations under this Agreement because of a merger, acquisition or liquidation, CreativePluck will inform Trainee and will specify the effective date of the termination of the Program. CreativePluck will only refund a pro rata share of the Training Fee as paid by the Trainee for work not yet completed as of the date of termination.
7.3 Termination/withdrawal by Trainee. In the event of termination or withdrawal by Trainee, NO REFUND SHALL BE MADE TO TRAINEE for any money paid.
7.4 Involuntary Disengagement. The Trainee may be withdrawn from the Training by CreativePluck for inappropriate behaviour. There shall be no refund for any monies paid by the Trainee if the Trainee was withdrawn from the Training because of inappropriate behaivour. Inappropriate behaviour include (i) Fraud/Forgery (ii) Sexual harassment (iii)Any form of examination malpractice in the course of the program (iv) Reselling or distribution of the training materials without CreativePluck’s written consent (v) Disruptive behaviour during the Training (vii) Gross misconducts, including conducts unbecoming of a student or trainee
7.5 Any termination (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision in this Agreement or subsequent Agreements which are expressly or by implication intended to come into or continue in force on or after such termination.
8. Limitation of Liability
Trainee bears all risk associated with participating in the Training. In the event that the Trainee should become entitled to claim damages from CreativePluck (including for negligence, strict liability, breach of contract, misrepresentation and other contract or tort claims) CreativePluck will be liable only for the amount of Trainee’s actual direct damages, which shall not exceed (in the aggregate for all claims) the fees paid to CreativePluck for the Training giving rise to such liability that are the subject of the claim.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL CREATIVEPLUCK OR ITS AFFILIATES BE LIABLE FOR ANY OF THE FOLLOWING: LOST PROFITS, LOST REVENUE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnity
Trainee will indemnify, defend and hold harmless CreativePluck Limited, its training company CodeSchool Africa and its officers, agents, contractors and employees against any loss, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims based on an act or omission by Trainee that constitutes a violation of this Agreement.
10. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria.
11. Dispute Resolution
The Parties to this Agreement irrevocably agree that if a dispute arises between the Parties in connection with the interpretation, implementation or operation of this Agreement, both parties shall promptly meet to resolve same amicably. If the Parties are not able to resolve the dispute amicably within 10 working days, the Parties shall refer the dispute to a court in Ibadan Nigeria.
12. Assignment.
CreativePluck Limited may assign this Agreement in its discretion. Trainee may not assign, subcontract or otherwise delegate its rights or obligations without the prior written consent of CreativePluck Limited, and any attempt to do so will be invalid.
13. Relationship between parties
This Agreement does not make either party the employee, shareholder, agent, partner of the other for any purpose whatsoever. In fulfilling its obligations pursuant to this Agreement, each party shall be acting as an independent contractor and neither party shall have the authority to bind the other without the prior written consent of such other party.
14. Amendment
This Agreement shall be changed or modified by CreativePluck Limited upon 10 business day’s written notice to the Trainee, of the changes to be made to the Agreement. Where Trainee does not accept the new changes, Trainee may voluntarily terminate the Agreement and no refund will be made to the Trainee. However, if the changes were made to comply with an applicable law, CreativePluck Limited may notify the Trainee after the modification of the Agreement.
15. Waiver
Any waiver or discharge of any rights or obligations under the Agreement will only be valid unless it is made in writing and signed by CreativePluck Limited.
16. Entire Agreement.
This Agreement and the schedules constitute the complete Agreement and sets forth the entire understanding and Agreement of the parties as to the subject matter of this Agreement and supersedes all prior discussions and understandings in respect of the subject matter of this Agreement, whether written or oral.
The Trainee shall only have access to the Training upon payment of the Training Fee. Where Trainee is in default of payment of the Trainee fees within the first 3 days of the month (for instalment payment option), the Trainee will have no access to the Training until the Trainee has paid the necessary fee.

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