TERMS AND CONDITIONS FOR CONDUCTING CLASSES

(hereinafter referred to as: “Terms and Conditions”)

§1

[Glossary of Terms]

In these Terms and Conditions, the following terms shall have the following meanings:

§1

[General Provisions]

1. These Terms and Conditions define the rules for the provision of Educational Services by the Company to Clients. 
2. Educational Services are provided by the Company to the extent of and in accordance with the provisions of the Terms and Conditions applicable at the date of commencement of cooperation and the conditions specified in the placed order for Educational Services. The details of the order are determined as part of the contact between the Company and the Client (e.g. a telephone conversation), and then the agreed order is forwarded to the Client and confirmed by them in the form of an email.
3. Acceptance of the provisions of these Terms and Conditions and of the Privacy Policy available at: tuteer.com/en/privacy-policy/ is necessary to start the provision of Educational Services by the Company.
4. The Company reserves the right to change these Terms and Conditions at any time. In the event these Terms and Conditions are amended, the new wording will be made available to the Client 7 days before the date of their entry into force.

§2 

[Rules for Conducting Classes]

1. The provision of Educational Services takes place only through the means of distance communication, i.e. it is not possible to provide Educational Services in the form of on-site classes.
2. Classes are held using online teaching tools such as a virtual whiteboard and instant messengers, for which the Student is not charged additionally. The choice of the platform and the messenger will take place during the first class and it shall be an individual choice of the Tutor in consultation with the Student.
3. The use of the selected third-party platform and messenger takes place pursuant to the provisions set out in the terms and conditions of a given provider and may require the Student to register or accept such terms and conditions, in which minimum hardware requirements necessary for the proper functioning of the platform and the messenger along with the rules for their safe use may be specified. 
4. It is prohibited to record, share or use Classes or materials created during Classes or made available by the Tutor in a manner other than agreed.
5. The Student should have technical equipment enabling them to participate in the Classes undisturbed, including a webcam and a graphics tablet. Having a graphics tablet and/or a webcam is not necessary to conduct the Classes, however, it is recommended to ensure the best educational effect of the Classes.
6. The Company is not responsible for any technical problems arising on the part of the Student that prevent or significantly hinder their participation in the Classes. In the event of such problems, including fortuitous events, the Student has no right to seek any claims against the Company, and in particular the right to reduce the Fee for the Classes or to receive a refund of the Fee for the Class Hour.
7. Technical problems on the part of the Tutor entitle the Student to reschedule the Class to another convenient date, without the obligation to pay the Fee for the Class Hour in which the technical problems occurred, but in order for the above right to apply, technical problems on the part of the Tutor must prevent conducting the Class.
8. In order to obtain the best educational effects, the Student should make every effort to learn the material presented by the Tutor in class, which includes in particular: preparing for the Class, doing homework, and actively participating in the Class. 
9. During the Class, the Tutor will exercise the utmost care to prepare the Student to achieve the agreed goals within the Class and available time. The Company is not responsible for the grades obtained by the Student in tests, assignments, exams, competitions, etc.
10. 10.The behaviour of the Student during the Class must be in accordance with the generally accepted principles of ethics and culture, i.e. it must not be vulgar or affect the good of the Tutor.
11. In the event of persistent inappropriate behaviour of the Student, contrary to the accepted principles of ethics and culture, after prior warning, the Tutor is entitled to finish the Class ahead of time.
    In such a case, the Tutor shall immediately, but no later than within 2 hours after the end of the Class, draw up an appropriate note providing all details of the Student’s inappropriate behaviour and send the note to the Company. The Student is obligated to pay the full Fee for the Class interrupted through the Student’s fault, and in case the Student paid the Fee for the Class in advance, no refund shall be granted.
12. 12.The Company is not responsible for any inappropriate behaviour of the Tutor or for materials, teaching aids, or any other things made available by the Tutor to the Student in Class. In the event of inappropriate behaviour on the part of the Tutor, the Company should be notified immediately, i.e. no later than within 2 hours by email sent to: info@tuteer.com. 
13. 13.The Client has the right to lodge a complaint regarding the provided Educational Services (Classes conducted). The complaint should be submitted via email to the following address: info@tuteer.com. The Company shall respond to the complaint within 14 days. The submission of a complaint does not withhold or otherwise affect the Fees due to the Company.
14. 14.The Company may ask Students to evaluate their Classes on external websites.

§3

 [Class Dates]

1. The date of the first Class is agreed with the Company when concluding the agreement. In special cases, by arrangement with the Client, the date of the first Class may be agreed between the Client or Student and the Tutor. Dates of the following Classes shall be determined individually between the Student and the Tutor.
2. Cancellation of Class is possible by 6:00 p.m. on the day preceding the day of the Class at the latest. The Student is obligated to inform the Tutor directly by phone or email in accordance with the contact details received from the Company or the Tutor, and to inform the Company by email to the following address: info@tuteer.com.
3. Once per Semester, the Student has the right to cancel Class without observing the time frame indicated in section 2 above. Class cancellation without observing the time frame indicated in section 2 beyond the mentioned limit of cancellations will result in the obligation of the Student to pay the Class Fee.
4. Early termination or change of the time of Class is possible only with the consent of the Tutor, after informing the Tutor by phone or email (in accordance with the contact details that the Student received from the Company or the Tutor) and informing the Company by email to the following address: info@tuteer.com.
5. Being late for Class does not entitle the Student to extend its duration or reduce the Fee due for the Class, with the Tutor remaining ready to conduct the Class until the end of the Class and the Student having the right to use the remaining time.
6. The Tutor is available to the Student during the Class. After the Class time ends, the Tutor is not obligated to remain in Class. For any extension of the Class time by the Student exceeding 5 minutes, the Client will have to pay the Fee for the Class corresponding to the value of 15 minutes of the Class. This also applies to every subsequent 15 minutes of the Class.
7. In case the Tutor is late more than 15 minutes, the Student has the right to resign from participation in the Class on a given day and receive a refund of the Fee for the Class Hour. The Student may, however, decide to take the Class despite the Tutor’s lateness. With the Student’s consent, instead of the refund, it is possible to extend the duration of the Class on the day of the Tutor’s lateness or at another date.
8. In case the Tutor fails to conduct the Class without prior notification, the Student/Client has the right to take the Class at another date without paying the Fee for the Class that did not take place.

§4 

[Class Fee]

1. The Class Fee will be paid based on an invoice. The payment is generally made after the Class, however, the Company is also entitled to demand advance payment, about which the Client will be informed when concluding the agreement.
2. The invoice will include the following information: name and address of the Client, number of Hours of Classes held in a given period of time or to be held multiplied by the Fee due for a Class Hour.
3. Invoice is payable:
   1. In the case of advance payment:

– Not later than on the day preceding the day on which the Class is to be held, or 

– Before the beginning of the Class, provided that the Company is notified of the payment by email sent to the following address: info@tuteer.com along with the confirmation of payment, if the date of the Class was set for the same day on which the date was agreed;

3. 2. In other cases, within 7 days from the date of delivery of the invoice to the Client, to the bank account indicated on the invoice, in the full amount of the invoice. When making payments, the transfer title has to include the invoice number.
4. The invoice is delivered to the Client via electronic means of communication, i.e. via email sent to the email address indicated by the Client for contact purposes.
5. The Fee for a Class Hour is determined with each Client individually at the beginning of cooperation and depends on the length of cooperation, the type of Classes, and the Tutor. 
6. In the case of cooperation exceeding one Semester, the Company reserves the right to increase the Fee per Class Hour in accordance with the Consumer Price Index.
7. The Company, in individually assessed cases, may grant the Client a discount for Educational Services, however, the discount period is determined by the Company and depends on regular cooperation of the Client with the Company and timely payment of Fees. In the event of late payment of Fees and irregular cooperation, the Client shall be obligated to pay the regular – not covered by the discount – Class Fee, of which the Company shall notify the Client in advance via email sent to the address provided by the Client for contact purposes.

§5

 [Termination of Cooperation]

1. Cooperation may be terminated:
   1. By mutual agreement between the Client and the Company;
   2. In the case of excessive cancellation or modification of pre-determined dates of Classes;
   3. In the case of long-term indisposition of the Tutor.
   4. After completion of the agreed scope of Classes.
2. The Company reserves the right to terminate cooperation with immediate effect in the event of:
   1. Violation of the law by the Student / Client, including violation of the rights of third parties;
   2. Persistent inappropriate behaviour of the Student / Client, violating generally accepted principles of ethics and culture;
   3. The Client’s default in payment for at least two invoices;
   4. Gross violation of the provisions of these Terms and Conditions by the Student / Client.
3. Cooperation may be terminated by providing the Company with information in this respect by the Client at the telephone number 48 664 820 825 or by sending an email to the address info@tuteer.com. 
4. Termination of cooperation by the Company shall take place by contacting the Client using the contact details provided by the Client (sending an email).

§6

 [Rights of Clients Who Are Consumers or Entrepreneurs With Consumer Rights]

1. The Consumer or the Entrepreneur with Consumer Rights who has concluded a distance agreement may withdraw from it within 14 days from the date of conclusion of the agreement without giving a reason and without incurring any costs by sending the Company a statement of withdrawal from the agreement to the email address info@tuteer.com. The statement can also be submitted on the form the specimen of which is attached as Annexe 2 to the Act of 30 May 2014 on Consumer Rights.
2. Pursuant to the Act of 30 May 2014 on Consumer Rights: 

1. The Consumer or the Entrepreneur with Consumer Rights shall not have the right of withdrawal if the entrepreneur has commenced the provision of the service with the express and prior consent of the Consumer or the Entrepreneur with Consumer Rights, who has been informed before the provision of the service that after the performance of the service by the entrepreneur they will lose the right to withdraw from the agreement; 
2. If the Consumer or the Entrepreneur with Consumer Rights demanded the commencement of the provision of services before the expiry of the 14-day period to withdraw from the agreement, in the case of withdrawal from the agreement after its partial performance, the Consumer or the Entrepreneur with Consumer Rights is obligated to pay the Fees in proportion to the scope of the services provided until the receipt of the statement of withdrawal by the Company.

3. Consent to the commencement of the provision of services before the end of the withdrawal period is voluntary, however, in the absence of such consent, the first Class may take place only after 14 days from the conclusion of the agreement (after the expiry of the period for exercising the right to withdraw from the agreement).
4. A civil dispute resulting from the agreement concluded with the Consumer may be settled amicably by means of out-of-court resolution of consumer disputes. Information on the possibility of using out-of-court dispute resolution methods is available on the following websites: Office of Competition and Consumer Protection (https://polubowne.uokik.gov.pl/), the trade inspectorate, consumer ombudsmen, and social organisations. Participation in out-of-court dispute resolution proceedings for consumer disputes is voluntary. The Company shall each time decide whether to participate in or refuse to participate in such proceedings.

§7

 [Personal Data Protection]

1. The Client’s personal data is processed by the Company as the personal data controller.
2. Information on data processing can be found in the Privacy Policy available on https://tuteer.com/en/privacy-policy/ and provided to Clients when concluding an agreement.