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SpeakStarter

License agreement

The German online school “Speakstarter” (hereinafter referred to as the “Executor” or the “School”) hereby announces its intention to enter into a License Agreement with the Customer on conducting online German language lessons and using the Online Platform on the terms and conditions of this License Agreement with the Customer (Public Offer).

 

1. Terms and definitions

1.1 For the purposes of this Treaty, the terms listed below have the following meanings

1.1.1 Conclusion of the License Agreement (acceptance of the public offer) – full and unconditional acceptance of the terms and conditions of this License Agreement by the Client through one (or more) of the following actions:

1.1.1.1. registration and/or authorization on the Executor’s Website in the order established by him/her;

1.1.1.2. sending a request to the Executor’s Platform, or performance of other actions by the Client aimed at obtaining the right to use the Platform and the Site on the terms of the chosen tariff and/or tariff plan;

1.1.1.3. the beginning of the Client’s use of the Platform or the Website in any other form.

1.1.2 Group means a group of Clients attending group classes.

1.1.3. the Client – an individual who has concluded a License agreement (offer acceptance) with the Contractor.

1.1.4 License agreement (Agreement) – the text of this document with all annexes, changes and additions to it, posted on the website of the Contractor.

1.1.5 Personal account (Platform) – Web-page of the Client on the website of the Contractor, available after authorization and containing statistical information on the volume of use of the rights to the Platform and the Site received by the Client.

1.1.6 Manager – an employee of the School, who registers the Client and supports him/her during the use of the Platform, Website and Services.

1.1.7. Package of Activities (Package) – the number of activities prepaid by the Customer.

1.1.8. Rules for the use of the Platform and Website (hereinafter – the “Rules”) – the general terms and conditions of granting the right to use the Platform, Website and Executor’s Services, as well as the established prohibitions and limitations of liability.

1.1.9. Teacher – an employee of the School, rendering Services to the Client.

1.1.10. Regulations for performance of scheduled maintenance works (Regulations) – internal document of the Contractor regulating performance of scheduled maintenance works, which may lead to interruptions in operation of the Platform and the Website, related to replacement of equipment, software or performance of other works caused by the need to maintain the efficiency and development of the Contractor’s technical means.

1.1.11. Website – automated information system available on the Internet at the network address.

1.1.12. Services – individual or group trainings of the Client/Clients with the Teacher, aimed at learning the German language.

 

2.  By using the Platform, Website and Services, the Customer agrees that:

2.1 The Customer has read the provisions of these Regulations and the Agreement in full before using the Platform, Website and Services.

2.2 Start of the Client’s use of the Platform, Website and Services in any form means that the Client accepts all the provisions of these Regulations and the Agreement in full without any exceptions and restrictions on his part. Use of the Platform, Website and Services on other terms is not allowed.

2.3 If the Customer does not agree with the terms and conditions of these Regulations or the Agreement, or has no right to conclude the Agreement on the basis of them, he should immediately stop any use of the Platform, Website and Services.

2.4. the Contractor has the right to change any clause of this Agreement. The new version of the Agreement comes into force in 5 days from the date of its publication on the Website. The Customer shall be notified about the changes by means of an e-mail sent to the e-mail address left by him/her at the time of registration.

3.  Rights and duties of the parties

3.1 The Contractor undertakes:

3.1.1 Within the terms agreed upon by the Parties to render the Services to the Customer properly in accordance with the terms of this Agreement.

3.1.2 Not to disclose confidential information and data provided by the Client in connection with the performance of this Agreement, not to disclose and not to disclose such facts or information (except for information of public nature) to any third party without prior written consent of the Client.

3.2 The Contractor has the right to do so:

3.2.1 Use the services of any individuals and legal entities for the purpose of timely and quality performance of obligations under the Contract.

3.2.2 Require the Customer to pay the cost of Services in time in accordance with the terms of this Agreement.

3.2.3 The Contractor has the right to record audio-video lessons in order to control the quality of training by the appropriate department of the school.

3.2.4 Use the e-mail address, phone number and Skype login, which was used by the Client during the registration process, to send the Client information and advertising materials, sent to inform the Client about the activities of the Contractor and the progress of the Contract. In the absence of a written or oral refusal of the Client in receiving these materials sent to the Contractor, the consent to receive this kind of materials is considered confirmed.

3.2.5 Refuse to provide and prolong services to the Client without explanation of the reasons for refusal, provided that the Client’s balance is zero.

3.3 The Client undertakes:

3.3.1 To provide the Contractor with true information and data at registration, necessary for communication with the Client and performance by the Contractor of its obligations under this Agreement.

3.3.2 Not to disclose confidential information and other data provided by the Contractor in connection with the performance of this Agreement, not to disclose and not to disclose such facts or information (except information of public nature) to any third party without prior written consent of the Contractor.

3.4. the Client has the right:

3.4.1 Require the Contractor to fulfill his obligations under this Agreement and the Appendices to it in time and with proper quality.

3.4.2 Demand cancellation, postponement or suspension of classes, change of the Teacher, or refund of funds, according to paragraphs 5.3.- 5.8., paragraph 6.7.

3.4.3 Refuse to fulfill the terms and conditions of this Agreement if the Contractor has not started to fulfill its obligations under this Agreement.

 

4. General terms and conditions of use of the Platform, Website and Services:

4.1 To start using the Platform and Services, the Customer must complete the registration process for the first lesson using the appropriate form on the Website.

4.2 According to the contact details left in the form, the Manager will contact the Client to complete the registration process and set the date of the trial lesson.

4.3 Access to the Personal Area for authorization is provided to the Client by means of an e-mail sent to the e-mail address left by the Client during registration.

4.4 Use of the functionality of the Platform within the framework of granting the right to use the Platform is allowed only after registration by the Client’s Manager and subsequent authorization on the Executor’s Website.

4.5 Some technical, organizational and commercial conditions of the use of the Platform and the Website, including its functionality may be brought to the attention of the Clients by placing them separately on the Website or by notifying the Clients.

4.6 The use of the Platform and/or the Executor’s Website by copying (reproducing) the Content posted on the Executor’s Website, as well as the design elements, computer programs and databases, their decompilation and modification are strictly prohibited.

 

5.  Individual lessons

5.1. Timetable

5.1.1 The schedule of lessons is agreed between the Client and the Manager after the trial lessons, is saved in the Client’s Personal Area and is valid for 7 (seven) days from the date of the trial lesson. If the Customer fails to meet his payment obligations within this period, the schedule may be revised;

5.1.2 The duration of one lesson is 55 (fifty five), 85 (eighty-five) or 110 (one hundred and ten) minutes;

5.1.3 In order to notify the Client that he/she wishes to increase the number of lessons, change their duration, request a change of the Teacher, or suspend the provision of the Services, the Client must contact the Manager via Skype or make a phone call at the phone number indicated in the Contacts section of the website at http://speakstarter.com/contacts

5.2 Provision of Services

5.2.1 Rendering of Services is carried out by means of the Internet, with use of the software providing voice and video communication through the Internet between the Client and the Executor (Skype and other similar programs);

5.2.2 The Contractor shall provide assistance in installation and adjustment of the software required for Lessons Learned, if necessary.

5.3 Transfer of classes and absence from classes

5.3.1 The Customer has the right to postpone or cancel the class an unlimited number of times not later than 12 (Twelve) hours before the class starts. Non-compliance with this term is equal to the Customer’s failure to show up for the lesson and leads to the cancellation of the lesson. However, in the case of force majeure, the Client is entitled to cancel or postpone the lesson in a shorter period of time. The number of possible urgent transfers or cancellations depends on the intensity of the Client’s lesson schedule. The client has the right to:

5.3.1.1 Urgent postponement or cancellation of 1 (One) lesson per month with a lesson schedule of 2 (Two) and more lessons per week.

Cancellation or postponement of the Introductory Lesson is not taken into account and is always free of charge for the Client. However, the Service Provider reserves the right to refuse to provide the Client with a new Introductory Lesson.

5.4 Procedure for postponing classes

5.4.1 In order to report a postponement, it is necessary:

5.4.1.1 Select “Lesson transfer” in Personal Area and choose the desired time of the next lesson, or

5.4.1.2 Notify the Lecturer to transfer the Lesson directly via Skype, or

5.4.1.3 Notify the Manager of the change of class via Skype or by calling the number specified in the Contacts section of the website at http://speakstarter.com/contacts

5.4.2 The instructor has the right to postpone classes (in case of illness or other valid reasons) by giving at least 12 (Twelve) hours’ notice to the Client. If the Customer believes that the Teacher is postponing the lessons too often, he has the right to apply to the Contractor with a request to change the Teacher or return the funds.

5.5 Refusal to continue classes and refund

5.5.1 The Customer has the right to refuse to continue the lessons, stating the reasons for that, and to request a refund for the remaining lessons that have not been carried out. The amount of the refund is determined by the formula:  + withholding the amount of transfer fees;

5.5.2 Request for refund must be received by the Contractor in writing at refund@speakstarter.com

5.5.3 The refund is made according to the same details and in the same currency in which the payment for the Services was made and can take from 3 to 10 working days.

5.6 Writing off the service

5.6.1 The lesson is deducted from the Customer’s account upon its termination and is displayed in myAlpari;

5.6.2 If the Customer is not available for a call at the set time, the Teacher repeats the attempts to contact the Customer within 10 (Ten) minutes. If, as a result of the above procedures, it is not possible to contact the Client, the lesson is considered valid and payable at the rate of 100%;

5.6.3 If the Client does not receive a call from the Lecturer within the set time (plus 10 (Ten) minutes), the Client shall immediately contact the Manager by Skype, phone or any other communication channel indicated on the Executor’s website. Classes that are not held due to the Teacher’s fault are transferred to another convenient time for the Client. If the Client believes that the Teacher too often transfers classes, he has the right to apply to the Contractor with a request to change the Teacher or stop using the services with a refund;

5.6.4 The Contractor is not responsible for the failure to provide the service due to the lack of the necessary software or technical problems with the Internet.

5.7. Teachers

5.7.1 If the Customer is not impressed by the Teacher during the training, the Customer is entitled to a 15 minute free of charge introductory lesson with another Teacher. The introductory lesson is provided after the Customer’s request, analysis of the situation and selection of a suitable teacher;

5.7.2 The Contractor has the right to replace the Teacher to the Client if there are good reasons for this (temporary incapacity of the Teacher, other circumstances), notifying the Client in advance.

5.8. Suspension of classes

5.8.1 The Contractor may suspend the provision of Services to the Client while maintaining the reservation of the Client’s schedule, provided that the following conditions are met

5.8.1.1. The duration of the break in classes should not be longer than 21 (Twenty-one) calendar days;

5.8.1.2 At the time of the start of the break in the classroom (the day of the last lesson before the break) the Client must pay at least 3 (Three) lessons;

5.8.1.3 Suspension of classes is possible if at least 90 (Ninety) calendar days have elapsed since the end of the previous suspension;

5.8.1.4 In the event that it is necessary to suspend classes again, but from the date of termination of the previous suspension of classes has not yet passed 90 (Ninety) calendar days, the Client may suspend classes, notifying the Contractor 12 (Twelve) hours before the next class, and the schedule of classes is not retained by the Client. At the resumption of classes the Client and the Teacher shall redefine the schedule of classes.

5.9. Accrual of discounts and bonuses

5.9.1 Under the terms of “Bring a friend” promotion A client whose recommendation is for a new listener to join the Platform is granted 2 (Two) bonus sessions, provided that the new listener indicates the name of the client who invited him/her when contacting the Manager and pays for the package of 10 (Ten) sessions;

5.9.2 A “Family Discount” of 10% is provided for when more than one family member attends school. The discount is given on a choice to one member of a family and is automatically calculated at formation of the bill for payment on a site;

5.9.3 Within the framework of the Quick Start campaign, 1 (One) bonus lesson is provided to the Client when applying for training and paying for a package of 10 (ten) lessons within 12 (Twelve) hours after the introductory lesson;

5.9.4 Bonus lessons accrued to the Client in the course of training are not refundable.

6.  Group lessons

6.1 General provisions

6.1.1 Within the framework of group sessions, the Contractor introduces the concept of Courses, which means a set of topics to be taken by the Group for a certain number of sessions;

6.1.2 The number of sessions for each Course is determined by the Contractor and communicated by the Manager to the Client during the registration process;

6.1.3 Group sessions range from 2 (Two) to 4 (Four) times a week, depending on the Course;

6.1.4 The number of participants in the Group ranges from 3 (Three) to 6 (Six).

6.2 Timetable

6.2.1 The performer independently sets the schedule of group trainings for each group;

6.2.2 The duration of one session is 85 (eighty-five) minutes.

6.3 Provision of Services

6.3.1 The provision of Services is carried out through the Internet, using software that provides group voice and video communication via the Internet between Clients and the Contractor (Skype and other similar programs);

6.3.2 The Contractor shall provide assistance in installation and adjustment of software required for Lessons Learned;

6.3.3 Provision of group lessons services is possible only if the minimum number of participants in the Group is 3 (Three) people.

6.4 Transfer and suspension of classes, no attendance

6.4.1 The specifics of group lessons do not provide for postponement, suspension or cancellation of lessons within one Course and leads to writing off the lesson from the Client’s account regardless of his presence at the lesson;

6.4.2 The instructor shall have the right to postpone classes (in case of illness and for other valid reasons) by giving at least 12 (Twelve) hours’ notice to the Clients. If the members of the Group believe that the Teacher is postponing classes too often, they have the right to apply to the Contractor with a request to change the Teacher or return the funds.

6.5 Writing off the service

6.5.1 The lesson is deducted from the Customer’s account upon its termination and is displayed in myAlpari;

6.5.2 If the Customer is not available for a call at the set time, the Group starts the lesson without waiting for it to appear. The Client has the possibility to join his/her Group at any time after the start of the lesson, however, the missed time is not compensated and is subject to payment at the rate of 100%;

6.5.3 If the Group does not receive a call from the Lecturer within the set time (plus 10 (ten) minutes), the members shall immediately contact the Manager by Skype, phone or any other communication channel indicated on the Executor’s website. Classes that are not held due to the Teacher’s fault will be transferred to another convenient time for the Group. If the Client believes that the Lecturer is moving too often, he has the right to ask the Contractor to change the Lecturer or stop using the services with a refund;

6.5.4 The Contractor is not responsible for the failure to provide the service due to the lack of the necessary software or technical problems with the Internet.

6.6 Teachers

6.6.1 If more than two members of the Group do not like the teacher during the training, the Group is entitled to a 15 minute free lesson with another teacher. The introductory lesson is provided after the Clients’ request, analysis of the situation and selection of a suitable teacher;

6.6.2 The Contractor has the right to replace the Teacher’s group if there are valid reasons for this (temporary incapacity of the Teacher, other circumstances), notifying the members of the group in advance.

6.7 Refusal to continue classes and refund

6.7.1 The Customer may refuse to continue the lessons only if the measures described in clause 6.7.1. have not helped to solve the problem. The amount of the refund is determined by the formula:  + withholding the amount of transfer fees;

6.7.2 Complaints with a request for return must be received by the Contractor in writing at refund@speakstarter.com

6.7.3 The refund is made according to the same details and in the same currency in which the payment was made and can take from 3 to 10 working days.

6.8 Accrual of discounts and bonuses

6.8.1 A “Family discount” of 10% is provided for when more than one family member attends school. The discount is given on a choice to one member of a family and is automatically calculated at formation of the bill for payment on a site.

7.  Cost of services and settlement procedure

7.1 The cost of the Contractor’s Services and possible methods of payment are published by the Contractor on its website at http://speakstarter.com/price

7.2 Payment for the Services is made on the basis of 100% prepayment. If the Client has no paid lessons, the Client is obliged to pay for the next lessons before they begin. In case of non-fulfillment of this obligation by the Client, the Contractor has the right to cancel the schedule of the Client’s lessons and put on the previously reserved for the Client time of training with other persons.

7.3 The Contractor can unilaterally change the cost of services by placing information on the website of the Contractor at http://speakstarter.com/price Thus cost of already paid by the Client of occupations is not subject to change.

7.4 The moment of payment is the receipt of funds to the account of the Contractor.

7.5 The Client is responsible for the correctness of his payments.

7.6 The Client independently pays for all services of the communication organizations necessary for consumption of the Contractor’s Services.

 

8.  Consent to receive E-Mail mailing

8.1 The Client agrees to receive from the Contractor to the e-mail address specified by him during the registration of information e-mails (hereinafter – the “notifiers”) about important events occurring within the Website, on the following conditions:

8.1.1 The Contractor is obliged to use notifiers to inform the Client about the possibilities of the Platform and/or the Executor’s Website and / or about changes in his information resources;

8.1.2 The Contractor may send additional messages or notifications, which the Client agrees to receive on the profile page available after authorization.

 

9.  Terms of use of personal data:

9.1 The Client agrees to automated processing of provided personal data in order to conclude the Agreement between the Client and the Contractor, as well as its subsequent execution.

The Contractor is obliged not to transfer the Client’s personal data to third parties, which the Client did not make available to the public, and which are necessary for the purposes of the Agreement and the Rules.

9.3 The Client agrees that his Cookies are remembered on the website of the Contractor, including by third parties, for the purposes of statistics, analysis of user behavior on the website and optimization of advertising messages.

 

10.      Other conditions:

10.1 The Client is responsible for keeping the data (login and password) used for authorization on the Site of the Contractor secret from third parties. All actions taken on the Site of the Contractor using the login and/or password of the Client are considered actions of the Client.

10.2 In case of detection of violation of somebody’s rights and / or interests with the use of the Platform or the Site, it is necessary to inform the Contractor by a written notice with a detailed description of the circumstances of the violation and a hypertext link to the page of the Site, containing materials that violate somebody’s rights and / or interests at the postal address: info@speakstarter.com

10.3 Based on the results of the Performance of this Agreement, the Contractor issues a document on the achievement by the Client of a certain level of German language proficiency.

10.4 The Parties shall be responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the terms of this Agreement and the legislation of the United Kingdom of Great Britain and Northern Ireland.

10.5 The Parties shall not be liable for full or partial non-fulfillment of their obligations under this Agreement, if such non-fulfillment was a result of force majeure, namely: floods, other natural disasters, military actions, resolutions and decisions of public authorities or other events. The proper confirmation of the presence of force majeure circumstances and their duration for the Parties is a certificate issued by the authorized bodies.

10.6 All disputes or disagreements arising between the Parties hereunder or in connection with it shall be settled through negotiations between them. The Party whose right has been violated shall send a written claim (demand) to the other Party via electronic communication. If within 15 (Fifteen) calendar days the Party which has sent the claim has not received an answer to it, and if within 15 (Fifteen) calendar days from the date of receipt of the first answer to the claim the Parties have not come to any agreements, the Party whose right has been violated has the right to apply to the Court of Session and the Sheriff Court of Lothian and Borders of Edinburgh in accordance with the procedure established by the legislation of the United Kingdom of Great Britain and Northern Ireland.

SPEAKSTARTER LP
Registered office address: 85 Great Portland Street, First Floor, London, W1W 7LT, United Kingdom
Registration number: LP018927