Classes terms & conditions
Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for the provision of the educational services of the Provider shall be governed by these Terms and Conditions, and the Provider will ask for the express agreement of the Client to these Terms and Conditions before providing any such services to the Client.
- Order process
1.1 The advertising of the Services on the website of the Provider and through any Third Party Services only constitutes an “invitation to treat”.
1.2 No contract for the supply of the Services will come into force between the Provider and the Client unless and until the procedure set out in this Section 1.3 has been completed.
1.3 To enter into a contract of for the supply of the Services, the following steps must be taken: 1. Book a trial lesson if the provider and client have not been linked by any contract before 2. Click on to the specific page devoted for the desired service on the website menu 3. Buy the desired package of lessons through Paypal at the end of the aforementioned service page. 4. Obtain a receipt by email after completing the transaction process on Paypal.
1.4 The Client will have the opportunity to identify and correct input errors prior to ordering by email or contact form.
2.1 The Contract shall come into force upon the day the client purchases a package of lessons.
2.2 The Contract shall continue in force until the final lesson purchased within a package has taken place between the provider and the client, subject to termination in accordance with Section 13 or any other provision of these Terms and Conditions.
2.3 Unless the parties expressly agree otherwise in writing, each Order Form shall create a distinct contract under these Terms and Conditions.
3.1 The Provider shall provide online teaching services and materials to the Client in accordance with these Terms and Conditions.
3.2 The Provider shall provide the Services with reasonable skill and care and in accordance with the features and methods exposed on the service pages for conversation classes and general Spanish classes.
- Teaching Services
4.1 The Provider shall provide the Teaching Services to the Client remotely and by means of one or more Third Party Services platforms, such as Zoom.
4.2 The Provider shall provide the Teaching Services during Sessions commencing on the date(s) and at the time(s) specified in the Calendly timetable sent by email after completing the Order Form.
4.3 The Client acknowledges that the other commitments of the Provider may from time to time lead the Provider to be late for a Session, and agrees that the Provider will not be in breach of the Contract by virtue of the Provider being not more than 10 minutes late for a Session.
4.4 If a party wishes to reschedule a Session, then that party must give to the other party a written request for such rescheduling up to 24 hours before the Session is due to commence. In these circumstances, each party will use all reasonable endeavours to agree an alternative Session.
4.5 The Client may cancel a Session attendance by giving to the Provider up to 24 hours’ written notice of cancellation before the scheduled lession. If the Client cancels a Session attendance in accordance with this Section 4.5, then the Client shall be released from any liability to pay Charges in respect of that Session, and shall be entitled to a refund of any Charges previously paid in respect of that Session.
4.6 If the Provider is unable to attend a Session by reason of illness, then providing the Provider has used reasonable endeavours to reschedule the session, the Provider may by written notice to the Client cancel the Session, in which case:
(a) the Provider shall not be in breach of these Terms and Conditions or otherwise liable to the Client in respect of that cancellation; and
(b) the Client shall be released from any liability to pay Charges in respect of that Session, and shall be entitled to a refund of any Charges previously paid in respect of that Session.
- Third Party Services
5.1 The Client acknowledges that access to the Services may require the use of Third Party Services by the Client.
5.2 The supply of Third Party Services shall be under a separate contract or arrangement between the Client and the relevant third party. The Provider does not contract to supply the Third Party Services and is not a party to any contract for, or otherwise responsible in respect of, the provision of any Third Party Services. Fees may be payable by the Client to the relevant third party in respect of the use of Third Party Services (Paypal).
5.3 The Client must comply with the applicable terms and conditions of each provider of Third Party Services.
5.4 The Client acknowledges and that the Provider has no control over, or responsibility for, any disclosure, modification, deletion or other use of data by any provider of Third Party Services.
5.5 Subject to Section 12.1:
(a) the Provider gives no guarantees, warranties or representations in respect of any Third Party Services; and
(b) the Provider shall not be liable to the Client in respect of any loss or damage that may be caused by Third Party Services or any provider of Third Party Services.
5.6 If the Client is unable to access any of the Services as a result of any unavailability or failure of any Third Party Services, then the Client shall have no right to the re-arrangement or re-performance of those Services; nor shall the Client have any right to a refund of the corresponding Charges or compensation of any kind – subject to Section 12.1.
- Client obligations
6.1 The Client warrants to the Provider that it meets the prerequisites specified in the Order Form.
6.2 The Client warrants to the Provider that all the information supplied by the Client to the Provider in relation to the Contract and the Services, is true, accurate, current, complete and non-misleading.
6.3 Save to the extent that the parties have agreed otherwise in writing, the Client must provide to the Provider, or procure for the Provider, such:
(a) co-operation, support and advice;
(b) information and documentation; and
(c) governmental, legal and regulatory licences, consents and permits,
as are reasonably necessary to enable the Provider to perform its obligations under the Contract.
7.1 The Client shall pay the Charges to the Provider in accordance with these Terms and Conditions.
7.2 If the Charges are based in whole or part upon the time spent by the Provider performing the Services, the Provider must obtain the Client’s written consent before performing Services that result in any estimate of time-based Charges given to the Client being exceeded or any budget for time-based Charges agreed by the parties being exceeded; and unless the Client agrees otherwise in writing, the Client shall not be liable to pay to the Provider any Charges in respect of Services performed in breach of this Section 7.2.
7.3 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated exclusive of any applicable value added taxes.
7.4 The Provider may elect to vary any element of the Charges by giving to the Client not less than 15 days’ written notice of the variation.
8.1 The Provider shall issue invoices for the Charges to the Client.
8.2 The Client must pay the Charges to the Provider before the commencement of the corresponding Services or period of Services.
8.3 The Client must pay the Charges by debit card, credit card, direct debit through Paypal (using such payment details as are notified by the Provider to the Client from time to time).
8.4 The Provider may suspend the provision of any Services if any amount due to be paid by the Client to the Provider under the Contract is overdue.
- Distance contracts: cancellation right
9.1 This Section 9 applies only if the Client enters into the Contract with the Provider as a individual consumer outside his/her trade, where the Contract is a distance contract within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
9.2 The Client may withdraw an offer to enter into the Contract with the Provider at any time; and the Client may cancel the Contract entered into with the Provider at any time within the period of 14 days after the day on which the Contract was entered into, as long as sessions have not been provided yet. The Client does not have to give any reason for cancellation.
9.3 The Client agrees that the Provider may begin the provision of services before the expiry of the period referred to in Section 9.2, and the Client acknowledges that, if the Provider does begin the provision of services before the end of that period, then:
(a) if the services are fully performed, the Client will lose the right to cancelreferred to in Section 9.2; and
(b) if the services are partially performed at the time of cancellation, the Client must pay to the Provider an amount proportional to the services supplied or the Provider may deduct such amount from any refund due to the Client in accordance with this Section 9.
9.4 In order to withdraw an offer to enter into the Contract or cancel the Contract on the basis described in this Section 9, the Client must inform the Provider of the Client’s decision to withdraw or cancel (as the case may be). The Client may inform the Provider by means of any clear statement by email setting out the decision. To meet the cancellation deadline, it is sufficient for the Client to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.5 If the Client withdraws an offer to enter into the Contract, or cancels the Contract, on the basis described in this Section 9, the Client will receive a refund of pending sessions or a full refund if services were not provided yet.
9.6 The Provider will refund money using the same method used to make the payment, unless the Client has expressly agreed otherwise. In any case, the Client will not incur any fees as a result of the refund.
9.7 The Provider will process the refund due to the Client as a result of a cancellation on the basis described in this Section 9 without undue delay and, in any case, within the period of 14 days after the day on which the Provider is informed of the cancellation.
- No guarantee of exam success
10.1 For the avoidance of doubt, the Provider does not guarantee that the receipt of the Services will lead to any particular certification or any particular grading or result in any course, examination or assignment.
11.1 The Client warrants to the Provider that all the information supplied by the Client to the Provider in relation to the Contract and the Services, is true, accurate, current, complete and non-misleading.
11.2 The Provider warrants to the Client that:
(a) the Provider has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions; and
(b) the Provider will comply with all applicable legal and regulatory requirements applying to the exercise of her rights and the fulfilment of her obligations under these Terms and Conditions.
11.3 The Client warrants to the Provider that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
11.4 All of the parties’ warranties and representations in respect of the Contract are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Contract will be implied.
- Limitations and exclusions of liability
12.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these Terms and Conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
12.3 The Provider will not be liable to the Client in respect of any losses arising out of a Force Majeure Event.
12.4 The Provider will not be liable to the Client in respect of any loss of profits or anticipated savings, revenue or income, of business contracts or opportunities, loss or corruption of any data, database or software; or any special, indirect or consequential loss or damage.
13.1 Either party may terminate the Contract by giving to the other party at least 7 days’ written notice of termination.
13.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
13.3 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:
(a) the other party is dissolved, ceases to conduct (or substantially) of its business, is or becomes unable to pay its debts as they fall due, is or becomes insolvent or is declared insolvent, or convenes a meeting or makes or proposes to make any arrangement or composition with its creditors.
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up; or
(d) if that other party is an individual: that other party dies, becomes incapable of managing his/her own affairs as a result of illness or incapacity, or the other party is subject to bankruptcy petition or order.
13.4 The Provider may terminate the Contract immediately by giving written notice to the Client if:
(a) any amount due to be paid by the Client to the Provider under the Contract is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and
(b) the Provider has given to the Client at least 7 days’ written notice, following the failure to pay, of its intention to terminate the Contract in accordance with this Section 13.4.
- Effects of termination
14.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, except (in accordance with their express terms or otherwise indefinitely): Sections 5.5, 5.6, 12, 14, 16 and 17.
14.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.
15.1 Any notice from one party to the other party under these Terms and Conditions must be given by email to the relevant email address on the Order Form (in the case of notices to the Client) or on the website of the Provider (in the case of notices to the Provider).
15.2 In the case mentioned in 15.1, the notice shall be deemed to be received upon receipt of the email by the recipient’s email server, providing that if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin.
16.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.
16.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
16.3 The Provider may vary the Contract by giving to the Client at least 30 days’ written notice of the variation. Subject to this, the Contract may only be varied by a written document signed by or on behalf of each of the parties.
16.4 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under the Contract are not subject to a third party.
16.5 The main body of these Terms and Conditions and the Order Form shall constitute the entire agreement between the parties in relation to the subject matter of the Contract, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
16.6 The Contract shall be governed by and construed in accordance with Northern Irish law.
16.7 The courts of Northern Ireland shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.
- Definitions for terms in these Terms and Conditions
17.1 In these Terms and Conditions, except to the extent expressly provided otherwise:
- “Business Day” means any weekday other than a bank or public holiday in Northern Ireland;
- “Business Hours” means the hours of 09:00 to 20:00 GMT+1 on a Business Day;
- “Charges” means the amounts calculated by multiplying the standard time-based charging rates of the Provider plus Paypal fees (as notified by the Provider to the Client before the date of the Contract), taking into account the time the Provider has performed the Services.
- the amounts specified in the different services pages on the Provider’s website and elsewhere in these Terms and Conditions; and
- “Client” means the person who has purchased Provider’s packages.
- “Contract” means a particular contract made under these Terms and Conditions between the Provider and the Client;
- “Effective Date” means has the meaning given to it in Section 1.2;
- “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);
- “Order Form” means a written order form agreed by or on behalf of each of the parties;
- “Provider” refers to Ana Costa, the founder of accspanish.com;
- “Services” means any services that the Provider provides to the Client, or has an obligation to provide to the Client, under these Terms and Conditions;
- “Session” means a particular appointment, occasion or session at which Teaching Services are or are to be provided by the Provider to the Client;
- “Teaching Services” means one-to-one or one-to-many online teaching, as agreed by the parties in writing from time to time;
- “Term” means the term of the Contract, commencing in accordance with Section 2.1 and ending in accordance with Section 2.2;
- “Terms and Conditions” means these terms and conditions, including any amendments to these terms and conditions from time to time; and
- “Third Party Services” means any software or services provided by any third party that are to be used by the Provider and the Client in the course of the provision and receipt of the Services, as identified in the Order Form or notified by the Provider (acting reasonably) to the Client from time to time.