The purpose of these terms and conditions is to govern the contractual relationship between Prolingua International Language Centre S.A., whose registered office is at 45A, Avenue Monterey, L-2163 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B44.788 (hereinafter the "Company") and all individuals who, for private or professional purposes, use the professional language training services through group courses that the Company offers, develops and delivers either face-to-face or remotely (hereinafter the "Customer").
The Company and the Customer are hereinafter jointly referred to as the "Parties".
They express the entirety of any contractual undertaking entered into between the Parties, the Customer therefore being deemed to have accepted them unconditionally. They cancel and replace any letter or offer or any previous verbal or written agreement having the same object. No derogation may be made without the express prior agreement of the Company.
The Company reserves the right to modify the present terms and conditions at any time, which will then apply to any offer and/or training contract concluded after the entry into force of such modification.
The nullity or invalidity of one or more clauses of these general terms and conditions shall not affect the validity of the other clauses of these general terms and conditions.
1. Training panel and contractual relationship between the Company and the Customer
All training courses offered by the Company to the Customer are provided on a non-binding and indicative basis until the Customer has registered for the course in question.
These offers concern the provision of professional language training by the Company to any private individual or professional, as the case may be, who wishes to benefit from group training for private or professional purposes. Language training courses are given on the Company's premises or remotely, either in phygital or via the Zoom platform or any other platform expressly indicated to the Customer, where applicable, leading to the issue of a training certificate.
Training subscriptions are made at the Company's premises, by telephone or online via the Internet.
Any participation in the training courses offered requires a paid support proposal. Ordering implies acceptance of these general terms and conditions of service, and waiver of any special terms and conditions of purchase or other conditions. The customer's commitment is firm when the order is placed.
2. Prices and terms of payment
The prices applicable to the various language training courses are established by the Company and are expressed in euros and include all taxes at the current legal rate. They include course materials and end-of-course tests, although the latter are not included for intensive courses.
The Customer has the opportunity to check the details of the offer or quotation, its price and to correct any errors before confirming acceptance. Confirmation implies acceptance of the full terms and conditions of sale and constitutes proof of the sales contract.
For online registrations, a secure platform enables immediate payment of the aforementioned training fees by credit card.
3. Right of withdrawal
When the conditions for recognizing the right of withdrawal have been met, the Customer has a period of fourteen (14) calendar days from payment of the training course(s) to which he/she has subscribed to withdraw by sending a registered letter to the Company. If the Customer has already paid the training fees at the time of withdrawal, he/she will be reimbursed in full, with the exception of the 50 EUR registration fee, which will be retained.
If the Customer wishes to start the training course before the withdrawal period, he/she must expressly request the Company to do so, and the Company will keep a record of the request on a durable medium, without this constituting a waiver of the right of withdrawal. Should the right of withdrawal be exercised, the Customer who has expressly requested to start the training before the right of withdrawal has expired shall remain liable for the cost of the services provided until the Company receives the withdrawal. The right of withdrawal may not be exercised for training agreements fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the Customer and express waiver of his right of withdrawal.
4. Training procedures
a) Placement test
A placement test must be carried out by each Customer prior to the start of the planned training course in order to determine his/her level, verify acquired skills, and carry out a personalized analysis of his/her linguistic needs in order to then establish the appropriate training program and the training module in which the Customer should enroll.
The placement test must be completed online, on the Company's website, before finalizing any registration.
The results of the placement test will be sent to each learner within one working day of receipt.
However, the Company reserves the right, during the course of the training, to transfer the Customer to any training module other than the one initially determined on the basis of the placement test results, notably at the request of the trainer.
b) End-of-course test and certificate
When training is organized in the form of group courses, an end-of-course test must be taken by each learner in quarterly classes, unless the learner expressly requests otherwise.
Learners will only be able to progress to the next level of training if they obtain a result of at least 65% of the final mark for levels A1 and A2, and 55% of the final mark for level B1.1 and above.
In the event of failure at the end-of-training test, the Company may advise the Customer concerned to re-enroll in the module in which he/she failed. In this case, the Company will grant a 30% discount to customers who re-register for a module in which they have previously failed.
A skills assessment certificate will be issued to each Customer, provided they have attended at least 50% of all training sessions.
The skills assessment certificate will be e-mailed to each Customer no later than three (3) weeks after the end of the training course.
In the event that the Customer is unable to obtain a certificate of attendance for any of the above reasons, a certificate of attendance may be issued on request.
c) Training schedule
The Company will provide the Customer with a training calendar prior to the start of the training course, including the dates and times of the courses organized.
The Customer undertakes to attend all courses whose dates appear on the training calendar.
d) Public holidays
The Company does not offer language courses on public and/or official holidays or between Christmas and New Year.
5. Customer absence and possible postponement of courses by the Company
Any absence by the Customer from a course/training session has no effect on the course and its invoicing. A session for which the Customer is absent for any reason whatsoever will not be replaced or reimbursed.
b) Postponement of courses by the Company
It is agreed between the Parties that in the event of the training provider being unable to attend, or if the Company has to cancel a course/training session for reasons beyond its control, the Company may postpone the date(s) scheduled for one or more training session(s). In this case, the Company undertakes to use its best efforts to offer the Customer one or more new training sessions.
In the event of the Customer's failure to comply with all or part of his/her obligations arising from the contractual relationship with the Company, and/or in the event of inappropriate, abusive, violent or other behaviour jeopardizing the smooth running of the training course in which he/she is enrolled, whether individual or collective, the Company shall be entitled, respectively, to dismiss the Customer from the training course without further notice, and to terminate the contract, by registered letter with acknowledgement of receipt sent to the Customer. In such a case, the Customer will not be entitled to any compensation and/or reimbursement.
a) Force Majeure
The Company shall not be liable for the total or partial non-performance of its obligations, if such non-performance results from a case of force majeure, a foreign cause or any other cause beyond its control making the performance of its obligations impossible.
Force majeure is any unforeseeable, irresistible event outside the Company's control.
Examples of force majeure events include, but are not limited to, civil or military war, hostilities, riots, embargoes, national strikes, general mobilization, earthquakes, bad weather and its consequences, epidemics, pandemics or other natural physical disasters.
In such a case, the Company will be entitled to postpone its services without the Customer being able to claim any compensation and/or reimbursement.
Whenever possible, however, the Company undertakes, in such a case, to set up alternative learning methods, such as the widespread use of videoconferencing, automatic access for all customers to an online learning platform such as Itslearning, or any other means enabling the continuation of the training courses subscribed to by the customer.
The Company will inform the Customer, in writing, of any event of force majeure, foreign cause or any other cause beyond its control making the performance of its obligations partially or totally impossible, within 8 days of the occurrence of such event, as well as of any postponement of courses envisaged and/or alternative means of learning put in place to allow the continuation of the training for which the Customer has registered, if applicable.
Should performance of the contract prove definitively impossible due to force majeure, a foreign cause or any other cause beyond the Company's control, the Company has the right to terminate the contract, ipso jure and with immediate effect, by informing the Customer by registered letter with acknowledgement of receipt.
In the latter case, the Company shall not be held liable in this respect and shall not be liable to the Customer for any damages and/or reimbursement.
Should the performance of the contract concluded with the Customer become excessively onerous for the Company, due to a change in circumstances unforeseeable at the time the contract was concluded, and when the Company had not agreed to assume the risk, the latter may request the Customer, by registered letter with acknowledgement of receipt, to renegotiate the terms of the contract, which may lead, in the event of disagreement, to its termination on the date agreed between the parties.
Unforeseeable circumstances at the time of conclusion of the contract may include, but are not limited to, the following: changes in legislation and/or government decisions applicable to the Company and having a negative impact on its activities, or changes in the Company's financial situation.
The Company will continue to perform its obligations for the duration of the negotiation.
In the event of termination of the contract, the Company shall not be held liable in this respect, and shall not be liable to the Customer for any damages and/or reimbursement.
As part of its training mission, the Company undertakes to provide complete and appropriate language courses and to make available to each Customer all the tools required to learn the language in question and reach the required level.
However, learning a language necessarily requires the Customer's personal involvement and attendance at the courses organized as part of the training program, as well as any work he or she may be required to do in order to make progress in learning the language in question.
The Company may not be held liable for any lack of progress and/or failure on the part of the Customer in the course for which he has registered, and the Company may not be held liable for any compensation and/or reimbursement in this respect.
The Company is also released from all liability in the event of loss or theft of any Customer's personal belongings on its premises.
All documents, course notes, books and other materials which may be made available, in particular online, or given directly to the Customer as part of the training course(s) for which the Customer has registered, remain the exclusive property of the Company and are protected by the laws applicable to intellectual property.
Any use, reproduction, adaptation, total or partial transmission of these documents by any process whatsoever, without the express authorization of the Company, is therefore prohibited and constitutes an infringement punishable by law.
The Customer expressly and unambiguously acknowledges and accepts that the Company may be required to process personal data concerning the Customer, collected at the time of registration for one or more training courses, in accordance with the legal provisions in force, and in particular the provisions of the General Data Protection Regulation (hereinafter "GDPR") (EU Regulation 2016/679 of the Parliament and Council of April 27, 2016) and the Act of August 1, 2018 on the organization of the National Commission for Data Protection and the General Data Protection Regime, for the following purposes: (i) to respond to requests for information; (i) to enable the management of registrations, the execution of the contract and of the training course(s) for which the Customer is registered; (ii) to ensure the management of the relationship with the Customer; (iii) to ensure the follow-up of said training courses (positioning test, issue of the training completion certificate... ); (iv) develop the commercial relationship with the customer (canvassing, advertising, marketing, etc.); (v) ensure accounting follow-up and payment of receivables, as well as invoicing where applicable; and (vi) manage any disputes and debt recovery.
The personal data collected and which may be processed include personal identification data (first name, surname, gender, age, service number), professional data (business address, position), electronic identification data (email address, username) and training data (diploma, level targeted, level obtained).
Under the provisions of the RGPD, processing includes any operation or set of operations which may or may not be performed using automated processes, and applied to data, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, communication by transmission, dissemination or otherwise making available, alignment or combination, as well as blocking, erasure or destruction.
The Customer hereby consents to the processing of personal data concerning him/her, including, without limitation, the collection, recording, storage and transfer of such data in any form and on any medium, in the context of the Company's lawful and legitimate interests, as described above.
The Company undertakes, for its part, to ensure that the processing of the Customer's personal data is limited to Company employees authorized to process such data by virtue of their position, and to take all necessary technical and organizational measures to guarantee the security and confidentiality of such data and to prevent any form of unlawful processing.
The Company also undertakes that the Customer's personal data will only be kept for as long as is necessary to fulfil the aforementioned purposes.
Customers have the right to consult their personal data free of charge and at reasonable intervals, and may request, if necessary, that it be modified, rectified or clarified. He may also, for legitimate reasons, object to the processing carried out or request its limitation.
Customers also have the right to object, at any time, for overriding and legitimate reasons relating to their particular situation, to data concerning them being processed, except in the case of legal provisions expressly providing for such processing. In the event of justified opposition, the Company may not process such data.
Finally, the customer may request by e-mail the deletion of personal data concerning him/her as soon as it is no longer required for the purposes for which it was collected and processed by the Company.
Lastly, in accordance with Articles 33 and 34 of the RGPD, the Company undertakes to inform the Customer, without delay, of any "breach" of personal data (unauthorized access, unauthorized copying, corruption of personal data files, etc.) of which it becomes aware, it being the Company's responsibility to inform (i) the supervisory authority on which it depends and (ii) when this breach is "likely to result in a high risk to rights and freedoms", the persons concerned.
These general terms and conditions and any other contractual document concluded between the Company and the Customer in the context of their contractual relationship are subject to Luxembourg law. The courts of Luxembourg-City shall have exclusive jurisdiction to hear any dispute or litigation arising from the contractual relationship between the Parties and/or the performance of any contractual document concluded between them, including these general terms and conditions.
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