General Commercial Terms and Conditions of Language Courses

General Commercial Terms and Conditions of Language Courses issued pursuant to Section 273, Subsection 1 of Act No. 513/1991 Coll.

Article I Introductory provisions 1.1. The General Commercial Terms and Conditions form an integral part of any contract between the Client and the Contractor. 1.2. A contract between the Client and the Contractor is established on the basis of a written order. Written form includes also fax (a fax message), electronic mail and the Contractor’s e­lectronic order form. 1.3. Unless the Contractor informs the Client within three working days after having received an order that it does not accept certain conditions of the order, the conditions mentioned in the order will be deemed valid for the relationship between the Contracting Parties. 1.4. If the Contractor indicates that it does not accept certain conditions within the period stipulated in paragraph 1.3 of this Article, no contractual relationship will be established until a mutual agreement on these conditions is reached. 1.5. A contract between the Client and the Contractor is also established if the Client accepts a proposal from the Contractor to change the conditions of an order. Then the contractual relations are governed by the latest agreed conditions. 1.6. The agreed conditions of the contractual relations may be amended or cancelled only on the basis of the express agreement of the two Contracting Parties.

Article II Subject matter of the performance 2.1. The subject matter of the performance is language teaching (hereinafter the “Teaching”) according to the requirements specified in the order. 2.2. The Contractor undertakes to meet the conditions pursuant to the order in the specified language and on the agreed date and time. 2.3. By placing a written order, the Client undertakes to accept the ensured Teaching and to pay its final price pursuant to the provisions of paragraph 4.1 of Article IV.

Article III Date and time of the Teaching 3.1. The Client is obliged to accept the arranged Teaching on the date and at time and in the manner as specified in the order. 3.2. If it is impossible for compelling reasons to provide the Teaching in the required manner, the Contractor shall be entitled to choose an alternative method of providing the Teaching at the Client’s expense. The Client shall be notified of this fact in advance. 3.3. If without giving a compelling reason acknowledged by both parties, the Client refuses to accept the arranged and ensured Teaching, such Teaching shall be regarded as completed and the Contractor will be entitled to the fee for the Teaching pursuant to paragraph 4.1 of Article IV and the Client will be obliged to pay for it.

Article IV Price 4.1. The contract price is based on the effective price list of the Contractor’s branch office, which forms an integral part of the General Commercial Terms and Conditions.

Article V Payment terms 5.1. The Contractor is entitled to issue a tax document as soon as the Teaching is provided pursuant to the conditions resulting from the contractual relations and/or pursuant to paragraph 4.1 of Article IV. 5.2. The price of the Teaching will be paid on the basis of a tax document issued by the Contractor the maturity of which will be specified in this tax document. 5.3. The Client shall pay the Contractor 0.1% of any due sum for each day of delay. In the event of a delayed payment, the Client’s payment will be first set off against the late charge and then the remaining part will be set off against the actual debt. 5.4. Upon receipt of an order for Teaching, the Contractor is entitled to issue an invoice for the provision of the Teaching the maturity of which will be specified on this invoice. Article VI Rights and obligations 6.1. The Client is obliged to inform the Contractor of any circumstances having a substantial effect on the meeting of its liability to pay for the Teaching. In particular, the Client is obliged to inform the Contractor of any decision to declare bankruptcy with respect to its property or of its having gone into liquidation. 6.2. The Contractor undertakes to maintain confidentiality regarding any dealings connected with the subject of the performance and it also undertakes to consider as strictly confidential any materials submitted or lent by the Client with respect to the subject matter of the Teaching.

Article VII Complaints 7.1. Any complaints will be made in writing. It is necessary in the written complaint to state the grounds for the complaint and to describe the nature of the defects. 7.2. If the Contractor recognizes the Client’s complaint as justified, it shall provide a remedy at its own expense. In these cases, the Client will be entitled to a replacement of the lecturer or, as the case may be, to a substitute lesson or a discount on the price of the Teaching.

Article VIII Deadline for the complaints 8.1. The Client is obliged to file any claims based on any defects in the Teaching without undue delay upon discovering such defects but no later than 10 working days after the date of acceptance of the completed Teaching. For this purpose, the completed Teaching will mean each respective Teaching (lesson). 8.2. Any claims arising out of the liability for defects cease to be valid if they are made belatedly.

Article IX Withdrawal from the contract and compensation for damage 9.1. Either Contracting Party has the right to withdraw from the contract if, after entering into the contract, insurmountable impediments arise on its part which prevent it from fulfilling its obligations. The withdrawal from the contract is subject to the terms specified in the contract. 9.2. The party withdrawing from the contract must inform the other party of this fact in writing. 9.3. The Customer is entitled to withdraw from this Contract by a written notice sent to the Contractor. The Parties agree that, in such an event, the Customer shall be bound to pay compensation, also called a cancellation fee, to the Contractor amounting to 30% of the price for the language course when withdrawing within a period of more than one calendar week before its start; and 50% of the price for the language course when withdrawing within a period of seven calendar days prior to its start; this is payable on the day of delivery of the notice concerning withdrawal from the Contract.

Article X Special provisions 10.1. The Client undertakes not to contact the lecturer without the express consent of the Contractor, particularly with respect to the provision of any services connected with the Contractor’s line of business. 10.2. The Client undertakes not to discuss with the lecturer any matters concerning the commercial conditions of the Teaching. 10.3. In the event of any breach of the obligations specified in paragraphs 1 and 2 of this Article, the Client is obliged to pay the Contractor a contractual penalty of CZK 100,000 for each individual breach even if the Teaching has not been properly completed.

Article XI Final provisions 11.1. Unless these commercial terms and conditions stipulate otherwise, the legal relations between the Contracting Parties are governed by the relevant provisions of Act no. 513/1991 Coll. 11.2. The wording of these commercial terms and conditions is binding on both Contracting Parties. 11.3. Pursuant to Section 273 of the Commercial Code, these commercial terms and conditions are considered to be the General Commercial Terms and Conditions of ActivLingua, Ostružinová 7, Brno 62100.

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