1) Subject matter of the contract

IU International University of Applied Sciences GmbH (“IU” in the following) is committed to the free transfer of use of a mobile device (in the following “device”) to the user, as specified on the data sheet of the underlying contract, for the duration of the underlying contract. However, the model and equipment depend on the availability at the time of the transfer. The user is therefore explicitly not entitled to the transfer of any specific model variant.

IU grants the users the restricted, non-exclusive and non-transferable or transferable right to use the device and the included software for the duration of this contract, as far as IU was given the rights through the lease-purchase agreement and the university of applied sciences was entitled to the transfer of these rights.

The device is intended for the usage during the study programme. The user is being informed that the pre-installed apps or saved data may have to be accessed intermittently for the maintenance of the IT security of IU as well as for the processing of the return process, repair and transfer process or in the event of the loss of the device. For more information, see number 8. The user won’t be notified separately, neither before nor after the device was accessed. In this context, private data of the user may be accessed, in case any such data were saved on the device. The user has to make sure by themselves that their private data is saved separately and securely (e.g. in a Cloud, on an external hard drive) as they may have to be accessed intermittently for the maintenance of the IT security of IU as well as for the processing of the return process, repair and transfer process or in the event of the loss of the device. In such an event, all data of the device, including apps which have been downloaded for private purposes and private data of the user will be irretrievably deleted. IU is not liable for the costs which are incurred in the event of the irretrievable loss of user data, or due to the attempt of a possible restoration, due to an initiated deletion for the reasons mentioned above. The same applies if the requirements for the return or repair process weren’t complied with and any unsecured data were still saved on the device.

The transferred device does not have to be a new device and may show signs of wear and tear.

The device will be delivered to the user through the company Gesellschaft für digitale Bildung mbH (-IU Project - Obenhauptstraße 15, 22335 Hamburg) to an address within the DHL-zone 1 (see 2.1) which is to be specified by the user.

The user is being explicity informed that the direct dispatch outside of the European Union as well as to one of the listed countries under 2.1, is not possible and therefore agrees to cover any additional costs which may arise. If the residence of the user is outside the DHL zone 1 (see 2.1), the user is obligated to organise the potential redispatch of the device and especially the costs for the necessary dispatch to the final address themselves.

If the device is not being returned in time or as stipulated in the contract, the user is not entitled to any rights or claims against IU.

2) Lease period

2.1) Start and dispatch

The device is to be sent to the user two weeks at the latest after the start of their programme at IU, provided that the device is available from the delivering service provider at that time.

In general, the dispatch is only possible to residences within DHL zone 1, meaning within the EU, however excluding the following areas:

Faroe Islands, Greenland; Åland Islands, Finland; overseas territories and territories of France; Mount Athos, Greece; Livigno and Campione d'Italia, Italy; Canary Islands, Ceuta and Melilla, Spain; overseas territories of the Netherlands; the Northern part of Cyprus as well as Malta.

2.2) Termination of the contract

This contract ends with the expiry of the underlying contract at the latest. In that case, the device has to be returned reset and in a functional condition with the original packaging and accessories within one week after the termination of the contract. If the return is not made in a timely manner, the user will be subject to a penalty payment of €400,00. The right to exercise claims relating to any further damages is expressly reserved.

If a study contract has been concluded between IU and the user, the contract was fulfilled and the study programme has been finished successfully, the user may keep the device after the regular end of the study contract. This does not apply to other contractual relationships, such as continuing education contracts, for example. In these cases, the item must be returned at the end of the contract in accordance with the terms, even if the contract has been regularly concluded.

3) Premature termination of the study programme, cancellation; return obligations

IU is entitled to terminate the contract without notice if the user breaches relevant regulations of this contract. Especially, if the user alters, duplicates or distributes the software installed upon delivery without authorisation.

The termination of this contract has no consequences on any other contracts made between the user and IU.

In the event that the underlying contract is terminated before the expiry of the agreed duration of the contract through one of the parties as well as in the event of the expiry of the underlying contract, unless the contract in question is a study contract, the user has to return the device reset, in a functional condition with the original packaging, the case, the accessories as well as any documentation and manuals within one week after the cancellation. Again, in this case, if the return is not made in a timely manner, a penalty payment of €400 is incurred by the user. Section 2.2 applies at the regular conclusion of a study contract.

The delivery of the device to the shipping service provider is to be made through the user and has to be executed through the Service Portal https://iu.gfdb.de/service/device.

During the return within Germany through the shipping service provider UPS or DHL, the costs will only be covered by IU if the return process is being executed as described under this link https://iu.gfdb.de/service/device and they generate the pre-stamped return label, print it and place it accordingly for the return.

During the dispatch within DHL country zone 1 through the shipping service provider DHL, the costs will only be covered by IU if the return process is being executed as described under this link https://iu.gfdb.de/service/device and the user generates the pre-stamped return label, print it and place it accordingly for the return.

Otherwise, the return has to be executed at their own cost and in any case as an insured, trackable parcel. In this case, the return process is be followed as described under this link https://iu.gfdb.de/service/device.

In any case, the return of the device to the shipping service provider is to be executed through the user.

Further information on how to reset the device are to be found here https://support.apple.com/en-gb/HT201274.

Besides, the user has to ensure that all personal data or other data or information are removed from the device - if applicable to the device - the device was de-registered from the user/Apple-ID and reset to factory settings.

If the underlying contract ends for a different reason than a cancellation, the return obligation applies within one week after the end of the contract. This does not apply if the underlying contract is a study contract and the study programme was finished successfully.

If the user does not return the device upon termination of this contract or of the underlying contract, a penalty payment is incurred in accordance with sections 2.2 or 3. The right to exercise claims relating to any further damages is expressly reserved.

4) Obligations and liability of the user

4.1) Obligations

4.1.1) Obligations to examine, file complaints and provide information; Return obligations

The user is obligated to inspect the delivered device immediately for defects, completeness and compliance with what has been agreed between the parties to this contract and to notify IU of any complaints in written form within three days.

Defects occurring later, accidental destruction, loss, total write-off or the loss of usability must also be reported to IU International University of Applied Sciences in written form within three days. In this case, IU reserves the right to claim a compensation based on the current value of the device at the time of the event.

In case the loss of the device is being reported, IU will block the device as far as possible and disable the device for further use.

4.1.2) Gebrauchs- und Instandhaltungspflichten des:der Nutzer:in

Der:die Nutzer:in verpflichtet sich, das Gerät in sorgfältiger Weise zu benutzen, insbesondere die Pflege und Gebrauchsempfehlungen des Herstellers zu befolgen. Dies gilt auch für die regelmäßige Installation von empfohlenen Updates.

Der:die Nutzer:in hat das Gerät auf seine Kosten in einem ordnungsgemäßen und funktionsfähigen Zustand zu erhalten, insbesondere gegebenenfalls erforderliche Reparaturen ausschließlich über den Link https://iu.smartsupport.de/service/device anzustoßen und ausschließlich durch die Smart Support GmbH ausführen zu lassen. Eine eigenmächtige Reparatur ist nicht gestattet. Nach Einsendung und Begutachtung des Gerätes wird dem:der Nutzer:in ein Reparaturangebot unterbreitet, das er:sie annehmen oder ablehnen kann und das reparierte Gerät nach Ausgleich der Kosten zurückerhält. Im Falle der Ablehnung wird kein Ersatzgerät gestellt.

Bei eigenmächtiger Reparatur ohne Einbeziehung des o.g. Dienstleisters behält sich die IU vor, die Reparatur erneut vorzunehmen und dem:der Nutzer:in hierfür entstandene Kosten in Rechnung zu stellen. Die Geltendmachung von weiteren Schadensersatzansprüchen bleibt ausdrücklich vorbehalten.

4.1.2) Use and maintenance obligations of the user

The user is obligated to use the device carefully and particularly follow the manufacturer's care and usage recommendations. This applies to the regular installation of any recommended updates as well.

The user has to maintain the device in an orderly and functional condition at their own cost, especially to initiate any necessary repair works, exclusively through the link https://iu.smartsupport.de/service/device and have them carried out exclusively through Smart Support GmbH. Unauthorised repairs are not allowed. After the dispatch and inspection of the device, the user receives a repair offer which they can accept or reject and they receive the repaired device after the compensation of the costs was completed. In the event of a rejection, a replacement device won’t be offered.

If any unauthorised repairs without the involvement of the service provider mentioned above have taken place, IU reserves the right to conduct another repair and charge the user for the incurred costs. The right to claim further damages is expressly reserved.

4.2) Liability

The user is liable for all damages to the device and its accessories (especially cords) and bears the risk of the accidental loss, loss, total write-off and complete loss of the usability, damages, the premature deterioration in value and other deterioration of the device and accessories, including a mercantile depreciation.

This applies if the damage was caused by a third party as well. Legal representatives as well as vicarious agents of IU are not considered third parties for the purpose of this regulation.

The termination of this contract has no consequences on any other contracts made between the user and IU.

The user has to repair the device immediately at their own cost through the company Smart Support and initiate the repair exclusively through the service portal.

If the user chooses the repair, they have to bring the device into the condition agreed in the contract through the company Smart Support and prove this to IU.

If the user asserts a claim for the delivery of a new device against the supplier Smart Support by way of supplementary performance, IU agrees that the previous item can be exchanged for an equivalent and similar item.

In this case, the rule that stipulates that the user has to specify a delivery address in DHL Zone 1 (see 2.1) applies. IU remains the owner of the replaced device.

5) Technical defects

In the event of a technical defect of the device, the assertion of warranty or guarantee rights against the leasing company or the manufacturer is the responsibility of the user. They can be initiated here: https://iu.smartsupport.de/service/device.

In the event of a defective battery, the replacement has to take place within the guarantee period, exclusively through the company Smart Support.

Outside the guarantee period, the user is obligated to register the device at the company Smart Support via their service platform and have it repaired or exchanged through them at their own cost, in case the battery is broken. It is at the deliberation of the service provider to decide whether or not any repairs or a replacement are to be made.

For any damages outside the guarantee or warranty period, 4. applies accordingly.

6) Liability of IU

IU assumes no liability for damage, destruction or loss of the device and its accessories. This applies if the damage was caused by a third party as well.

All claims and rights from the user for material or deficiencies in title of the device or due to its lacking usability against IU are ruled out at any moment.

If the device is being sent to the company Smart Support for repairs, IU is not obligated to provide the user with a replacement device. If any data or the user are lost during the repairs, IU takes no liability for any data loss.

7) Offsetting, retention, subletting or re-assignment

A set-off or a right of retention of the user on the device due to their own claims against claims of IU is not permitted.

The user is not entitled to transfer the possession or ownership of the device or to pledge or assign rights of use or other rights and claims from this contract.

8) Data Protection

The device has a pre-installed management software which is conducive to show the essential standard apps, keep them updated as well as block the device in the event the device is lost.

For this purpose, some user data are being transferred to and processed by the provider of the Management Software. The relevant privacy notices are to be found here https://www.iu.de/en/personal-data-tenantmanagement/.

Further information on the processed data as well as additional privacy notices can be found in the attached information sheet. In addition to that, the information can be viewed here: https://www.iu-fernstudium.de/en/personal-data/and here https://www.iu.de/en/personal-data/.

In the event of the utilisation of a different offer from IU, further information on the processed data as well as privacy notices can be found in the attached information sheet. The information can be viewed here as well https://www.iu-akademie.de/processing-of-personal-data.

9) Place of jurisdiction and final provisions

German law applies to all claims from and in connection with this contract. In the event that the user moves their place of residence or habitual abode from the Federal Republic of Germany after the conclusion of the contract or their residence or habitual abode are not known at the time the filing of action, all disputes arising from or in connection with this contract, the jurisdiction of the German court responsible for the headquarters of IU has been agreed upon (Erfurt District Court, Erfurt Regional Court) in accordance with §38 (3) ZPO. For persons who do not have a place of jurisdiction in the Federal Republic of Germany at the time of the conclusion of the contract, or during the contract period, the jurisdiction of the court presiding of the headquarters of IU (Erfurt District Court, Erfurt Regional Court) is agreed on, in accordance with §38 (2) ZPO.