General terms and conditions
Section I Preliminary provisions
1.1. These General Terms and Conditions of Cooperation are an integral part of the agreement between the Customer and the Provider.
1.2. The agreement between the Customer and Provider is concluded based on a commercial offer accepted by the Customer. The agreement is made in written form. A fax or email (with a scan of the signed agreement) shall also be deemed to constitute written form.
1.3. The agreement between the Customer and Provider shall also be concluded when the Customer accepts the Provider’s proposition to change the conditions of the agreement. In such an event contractual relationships shall be subject to the modified conditions.
1.4. Any changes to the provisions of the agreement must be made in writing, otherwise being null and void.
Section II Subject of the agreement
2.1. The subject of the agreement is the delivery of a language course (hereinafter referred to as the “course” or “classes”) according to the conditions specified in the agreement.
2.2. The Provider shall perform the agreement in the specified language and time.
2.3. The Customer shall pay the final course price to the Provider according to clause 4.1.
Section III Class times
3.1. The parties shall jointly set the class timetable and use their best efforts to ensure that the classes take place regularly and according to the schedule.
3.2. If a student/students cannot attend a class the Provider shall use its best efforts to deliver the course at another time. The parties shall jointly set the new class time, but the course duration can only be extended for 2 weeks. In the event of inability to attend a class the Customer shall be expected to notify this to the Provider no later than 24 hours before the scheduled class. If the Customer fails to do so, the class shall be deemed as delivered and the Customer shall not be entitled to a supplementary class.
Section IV Price
4.1. The contractual price shall be calculated based on the offer presented by the Provider to the Customer and constitute one of the commercial terms and conditions of the agreement.
Section V Payment conditions
5.1. The Provider has the right to issue a VAT invoice upon delivering the classes, according to the conditions of the agreement.
5.2. Class fees shall be made against a VAT invoice issued by the Provider and payable until the deadline specified in the VAT invoice.
5.3. The Provider shall issue invoices in electronic form and submit them to the Customer’s e-mail address specified in the agreement.
Section VI Rights and obligations
6.1. The Customer acknowledges that in order to ensure learning progress in e-learning and blended-learning courses, the student shall use the online Program for a minimum of 1.5 clock hours a week.
6.2. The Customer declares to be aware that access to the Program and the training services is intended exclusively for the individuals specified in the agreement. The Customer further undertakes to pay a contractual penalty of PLN 10,000 in the event of disclosing the access password to any other persons. The parties agree that compensation in excess of the contractual penalty can be claimed.
6.3. If there is gross violation of the terms of the agreement by the Provider, the Customer shall have the right to terminate the agreement upon notice, effective as of the end of the month. In such an event, however, the Provider shall return the fee to the Customer proportionally to the amount of course time which has been used, within 7 days of delivering a termination notice to the Provider. The above provision shall not apply if the Provider immediately rectifies the cause of violation.
6.4. If there is gross violation of the terms of the agreement by the Customer, the Provider shall have the right to terminate the agreement upon notice, effective immediately. In such an event the fee paid to the Provider shall not be returned.
6.5. In the event of a default payment of a fee or instalment, the Provider may terminate or suspend the course 7 days from the payment deadline. The course shall resume after payment of the outstanding amount and the interest rates; however, the course duration shall not be extended. Course extension shall only be possible for an additional fee.
Section VII Complaints
7.1. In the event of a justified complaint the Provider shall immediately rectify the source of the complaint in a manner agreed with the Customer.
7.2. The Customer may lodge a complaint immediately after identifying shortcomings in class delivery but not later than within 10 business days from the class which is the subject of the complaint.
Section VIII Termination of the agreement and compensation
9.1. Any party to the agreement may terminate the agreement if, following its conclusion, irremediable obstacles to its performance arise on the part of that party. Termination is subject to the terms and conditions specified in the agreement.
9.2. Each party shall notify the intention to terminate the agreement to the other party in writing.
9.3. The Customer may terminate this agreement by notifying this to to the other party in writing. The parties agree that in such an event the Customer shall pay a compensation fee for the costs incurred by the Provider. The compensation fee shall be 30% of the price of a three-month language course if the termination takes place prior to one calendar week before the course commences, and 50% of the course price if the termination takes place 7 days or less before the course commences; the day of delivering the termination notice shall apply.
Section IX Final provisions
11.1. Unless otherwise specified, the legal relationships between the parties shall be governed by the relevant provisions of the Polish Civil Code.
11.2. These General Terms and Conditions are effective as of 1 January 2013.