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SYCHer Sprachen Sprechen Sprachschule Sprachkurse

Terms

General terms and conditions for the company SYCHer Sprachen Sprechen (SSS)

General provisions

The following General Terms and Conditions apply to any delivery or service by the company SYCHer Sprachen Sprechen, hereinafter also being referred to as “SSS” or “we”, and for all offers and contract about services rendered by SSS (including hereinafter courses, seminars, training programs, services, etc.), unless different agreements are made expressly and in written form.

1. Orders

1.1. Orders of all types must show the object of the transaction without ambiguity. verbal side agreements and changes and are only legally binding for the if they are confirmed in writing. SSS is not liable for defects that are caused by wrong, ambiguous, incomplete or illegible information from the customer, including those in translation services.

1.2. The contractual relationship for language tuition begins with the registration of the participant in person, by phone or in written form and the acceptance of such order by SSS. If possible, the registration with SSS should be made within 7 days before the scheduled start of the course. The registration shall be deemed to be accepted unless it is rejected by SSS within 14 days of its reception. Regardless of this, any participant is supposed to receive a registration confirmation from SSS.

The tuition relationship follows from the individual agreement with the customer. SSS is entitled to determine the contents of the performed course within the range of the course's subject according to their own dutiful discretion. The course curriculum is selected and taught according to common average requirements and the participant's average personal abilities. Unless agreed otherwise, SSS is not responsible for  the participant to actually obtain in the language course a certain demonstrable qualification or certain knowledge or abilities; SSS only has to facilitate the participant to take part in the course with the agreed curriculum and contents.

 1.3. SSS reserves the right to withdraw from a concluded contract if:

- the determined minimum number of participants is not reached or

- the tutor engaged for the course fails to perform his/her duty for reasons that are beyond the responsibility of SSS. SSS declares the withdrawal immediately after getting to know these reasons. In case of a withdrawal any remuneration that has already been paid by the participant is refunded. The participant is not entitled to any further claims, unless the circumstances that have caused the right to withdrawal have been induced by SSS in gross negligence of willful misconduct.

1.4. By participation in the course event the participant is obliged to register in the list of participants and to pay the remuneration for the entire coures.

 1.5. SSS emphasizes that SSS is not obliged to verify the aptness of a participant for any determined course or to advise the participant in the choice of a course. The choice of a course is in fact the participant's personal individual decision according to his/her own assessment. SSS provides the opportunity to attend a test class of a course free of charge.

1.6. SSS may entrust third parties with the execution all business activities if, in their sole discretion, if it is considered useful and reasonable. SSS is therein only liable for the thorough selection of the third party.

1.7. SSS clarifies that any participant in individual tuition (private course) has the right to cancel previously scheduled lesson. The cancellation, however must be made at least 24 hours before the appointment (except official holidays), otherwise the couse units are considered lost. With a number of 30 or more booked course units, the participant may take a break which must not last longer than 4 weeks. This does not apply if a medical certificate is provided as proof for the participants disease. In other cases, the course units are also considered as lost.

 2. Prices

2.1. All quotes and prices are subject to change. They may be adapted to suit current conditions and altered expenditure with out requiring a separate agreement. Prices are quoted in EUR unless a different currency has been agreed to. Rebates, cash discounts or any other discounts cannot be applied unless such is agreed in writing.

2.2. Unless otherwise stated in writing, the quoted translation services are understood as prices per standard line translated. One standard line consists of 50 characters including spaces. Any lines commenced and with more than 30 characters are counted as full standard lines. Text conversion tasks, urgency fees, proofreading are charged additionally on time and/or expenditure basis.

2.3. Unless otherwise stated in writing, the quoted language tuition services are understood as prices per language course unit. One course unit consists of 45 minutes. Course material, examinations, certificates and other additional services are charged separately at cost. Unless otherwise stated, for in-house-tuition at the customer's facilities the time for the teachers traveling to the place of tuition and return is charged at cost. Further expenses (e.g. cost of travel, accommodation, cost of food, etc.) are charged to the customer.

2.4. Consulting services are charged according to the quoted hourly rate. Expenses such as cost of travel, accommodation, parking, food, etc. are charged to the customer. The time for traveling is charged at 50% of the agreed hourly rate. Subject to agreements to the contrary, extra hours are charged with a price supplement of 25%. Such supplements also apply for weekend assignments. Commenced hours are counted as full hours and commenced days are counted as full days.

 3. Payment terms

a) Language courses

3.1. Remuneration/course fee is due for payment upon the establishment of the contract. A proper invoice for the amount of remuneration is issued by SSS for the participant.

3.2. The remuneration/course fee has to be paid before the start of the language course, whereat  the reception of the remuneration/course fee at SSS is decisive. In case of delayed payment, SSS is entitled to reject the customer's participation in the course as long as the course fee is not paid. For courses that are continued over an extended period of time, payment in partial amounts can be agreed individually with SSS. Such payment agreements however require to be in written form. In such case, SSS informs the participant in writing about the determined dates of payment.

3.3. The payment of the remuneration/course fee is due in a valid contractual relationship, independent of whether or not the participant actually attends the course classes.

b) Translations, consulting and other language services

3.4. Unless otherwise stated, in business operations with their customers SSS requires payment within 30 days from the date of invoice, without application of any deductions, retentions and set offs. However, SSS is entitled to accept orders under the condition of a down prepayment of 50% of the estimated amount to be invoiced. Furthermore, SSS is entitled to hand over translation works and other language services pari passu against payment of the invoiced amount.

Where partial payments are agreed and unless there are other diverging individual agreements made, the entire remaining amount is automatically due for payment if the customer delays one partial payment or a fraction of it for more than 10 working days. In case of delayed payment or failure to pay, we are entitled to impose interest in line with banking practice, but at least 12% p.a. starting form the first day of delay of payment.

4. Options of withdrawal and contract termination

4.1. In courses that are limited to one to 10 course units (=45 minutes), the participant may withdraw from the contract without stating reasons until eight days before the beginning of the course by written declaration. In that case SSS merely charges a penalization fee of 10,00 EUR.

4.2. For courses that consist of more than 10 course units the customer's withdrawal more than 14 days before the beginning of the course is charged with 25% and withdrawal less then 14 days until the beginning of the course is charged with 50% of the course fee. After the beginning of the course withdrawal by the customer is ruled out and the full course fee has to be paid. For special precaution is stated that in any case of doubt the participant is obliged to pay that proportion of the course fee to SSS, which reflects the time from the beginning of the course until the customer's declaration of termination.

4.3. Courses that continue over a period of more than six months may at first be terminated six weeks before the end of the first six months period, after that 4 weeks before the end of each three months period without declaration of any reasons.

4.4. The right to termination of the contract for good cause without notice is reserved for both parties. Among others, reasons for termination without notice may be breaches of the codes of conduct of the participants that are stated in paragraph 5 of these General terms and conditions

5. Codes of conduct

5.1. Each participant is obliged to behave in a way that neither the course nor other participants are distracted or disturbed and that damages of any kind are avoided.

 5.2. The instructions of the lector/tutor have to be followed. The lector/tutor, in representation of the owner of SSS, exercises the right of the occupier of the premises against the participants of his/her course.

5.3. The orders of the lector/tutor regarding the treatment of the course materials have to be obeyed unconditionally.

5.4. Participants who persistently resist to the instructions of the lector/tutor or in any other way persistently impede or disturb the conduction of the course or respectively distract or disturb other participants, may be excluded from the further participation in the course. The right to the extraordinary termination of the contract by SSS is reserved.

 6. Liability

 6.1. An unlimited liability for damages and the compensation of futile expenses for breaches of contractual or extra-contractual obligations only exists in the case of willful misconduct or gross negligence of the legal representatives of SSS and their agents. Liabilities for minor negligence by part of SSS are limited to the contractual damage typical and foreseeable upon conclusion of the contract. Foreseeable contractual damage is defined as the damage which SSS has foreseen as a possible consequence of the occurred breach of contract or which, taking into account the individual circumstances known or supposedly known by SSS, would have had to foresee.

6.2. As far as claims for damages to life, body or health, on account of assuming a guarantee or a procurement risk, a breach of material contractual duties, so called cardinal duties, for compulsory statutory liability pursuant to the German Product Liability Act or on account of any other compulsory liability are filed, we assume liability – in deviation from paragraph 6.1. – according to the existing legal provisions.

6.3. As far as our liability is excluded or limited, this applies equally to the personal liabilities of all persons that are engaged with SSS for the development, establishment and/or the performance of the contractual relationship, thus especially the personal liability of all persons that are connected with us in a relationship of  employment or service or a free lance contractual relationship an our agents and vicarious agents.

6.4. We are not liable for the conduct of our course's participants. This provision does not limit SSS' liabilities for their own conduct.

6.5. We are also not liable for clothing or other items brought by the course's participants.

6.6. The course's participant is liable to us and any third party for damages for personal injury, property and materials according to the existing legal provisions.

6.7. If the customer intends to publish a text translated by SSS or to use it for advertising purposes, or requires the translations to be formulated in a certain text style, the customer upon placement of the order has to provide clear information, glossaries and style- as well as text templates. If the customer does not disclose the purpose of use upon placement of the order and the text is later published or used in advertising, he cannot claim any damages that are caused by translation errors or an inaccurate adaptation that required the publication or advertising to be repeated. For that case, SSS reserves the right to file claims for the infraction of copyright provisions. The customer must submit a copy of the publication for approval before printing. If the printing or advertising are executed without the release by SSS, any responsibility remains with the customer and the customer thus is entirely liable for all consequential damages.

7. Claims

a) Language courses

Any claim referring to the performance of tuition by the lector/tutor must be made directly in the process of the language course. Thee must be indicated to SSS in writing immediately and as early as possible, with a detailed description of the defects. Notices of defect after the termination of the language course cannot be taken into account. In the case of reasonable claims, SSS is entitled to replace the lector/tutor up to two times in consultation with the other participants. In that case the participant is obliged to accept the services and to pay accordingly.

b) Translations, consulting and other language services

In commercial transactions, claims can only be accepted if the apparent defects are reported to SSS in writing immediately after the transfer of the translation, the rendering of the services, respectively immediately after their detection, with an exact description of the defects. Also in non-commercial transactions, claims must be made in writing, with detailed description of the defects. In commercial and in non-commercial transactions claims for apparent defects must be reported to SSS in writing within two weeks from the moment of transfer of the translation, respectively the rendering of the service, for detectable defects within four weeks from the moment of  transfer of the translation, respectively the rendering of the service, otherwise within four weeks from the moment of detection of a hidden defect. In any case, notices of defects after more than four weeks after the detection of the defects shall not be accepted. In case of duly substantiated claims that have been properly reported, SSS is entitled to improve the translation or re-render the rendered services up to twice at our own discretion. The customer is then obliged to accept the services and to pay accordingly.

8. Protection of copyright

Training material provided by SSS may not be reproduced by the participant or forwarded to third parties without our permission. All working documents are protected by copyright.

9. Third party rights

The customer shall assure that processing, exploitation, reproduction and/or publication of information, documents and other items provided to SSS does not infract any third party's rights. The customer releases SSS and our subcontractors of any liabilities of any third party's claims, that are based on the use, processing, exploitation or reproduction of this information, these documents and items and their processing.

 10. Data protection

Data transferred to SSS is being saved for administration purposes. SSS is entitled to forward the names and address information to other participants and lectors/tutors via a list of participants.

11. Non-solicitation agreement

The employees and free lancers of SSS may not be employed or contracted directly within 24 months after finishing their last order for a customer without the permission of SSS. Furthermore may they not be offered such employment in oral or written or any other form. In that case, SSS is entitled to claim damages against that customer.

 12. Written form requirement

The lector/tutor is not entitled to change the contractual conditions and/or to undertake any commitments. Any chance of the contractual relationship with the participant requires written confirmation by SSS.

 13. Severability clause

Any initial or subsequently incurred voidness or ineffectiveness of one or more provisions of these general terms and conditions does not affect the validity of the remaining provisions. In such case, the parties are obliged to replace it by a provision the legal and economic aim of which is closest possible to the original one.