General Terms and Conditions
§ 1 Introduction
This General Terms and Conditions (hereinafter referred to as ‘GTC’) defines the conditions for the provision of services (defined below) and products by Bartosz Pietrucha trading as Premium Software Consulting Bartosz Pietrucha (hereinafter ‘Provider’), registered in Central Register and Information on Economic Activity (CEIDG), seated: Zielińskiego 36/36, 53-534 Wrocław. The company uses the tax number NIP: 751 170 1210. The rights and obligations of the Provider and Customer are defined below.
§ 2 Definitions
Contact details – information that can be used by the Customer to contact the Provider:
Zielińskiego 36/36, 53-534 Wrocław, Poland, +48 790 277 588, [email protected]
- GDPR – EU General Data Protection Regulation of 27 April 2016, no. 2016/679.
- Order Form – an interactive form through which a Provider orders Trainings or On-line Trainings.
- Consumer – a natural person undertaking a legal action with the Provider, not directly related to its economic or professional activity. Consumer is also a type of Customer.
- Newsletter – a free, electronic service provided by the Provider that allows a Customer to receive cyclical commercial information in particular about special offers, new events and materials featured on the Website, through the e-mail address provided by the Customer subject to express consent.
- Website – this website operated and provided by the Provider at the address: dev-academy.com.
- Training – a class-room / on-line training (at the designated time and place mentioned in the Training page related to a given Training) organized by the Provider, being a service rendered for the Customer(s).
- Customer – a natural person having full capacity to perform legal acts, participating or planning to participate in the Training. A Consumer is also a type of Customer.
- Service(s) – a service or services which are rendered for a Customer by the Provider, including Trainings.
- Electronic Service(s) – electronic service or services provided by the Provider to a Customer within the meaning of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), in accordance with the Contract. To the extent that services are provided by entities cooperating with the Provider (for e.g. Teachable.com), the relevant provisions regarding the rules of use of such services are contained in the terms and conditions of such entities .
- Contract - a contract concluded between the Customer and the Provider based on the Customer’s Order.
- Product(s) - brand new movable item(s) that is offered via the Website.
- Remuneration – remuneration payable to the Provider by the Customer for the Services rendered or Products delivered to or for the Customer, described in details in the Training page dedicated to the given Training.
- Order – the declaration of the Customer’s will submitted throughout the Order Form specifying the selected Service or Product for which the Customer makes an offer to conclude a Contract, and also containing the Customer's data necessary for the conclusion and execution of the Contract. Within one Order, the Customer may make several offers to purchase a Service or Product
§ 3 General terms
- The GTC has been drawn up in English but in compliance with Polish law.
- The GTC together with the model of notice of withdrawal from the Service Contract is available for free at the address: https://courses.dev-academy.com/p/terms in a way that one can access and save it by the computer system used by the Customer, as well as it will be sent to the Consumer in the .pdf format with the model of notice of withdrawal from the Service Contract with the Approval.
- The acceptance of the GTC is voluntary, but necessary to place Orders and conclude Contracts, and may also be necessary in order to use other Electronic Services provided by the Provider.
- To conclude a Contract a Customer needs to meet the minimum technical requirements (hereinafter: “MTR”) which are as follows:
- PC / Mac computer or similar one with the operating system (for e.g. Linux, Mac OS, Windows or similar one) or another device with the function of Internet connection and Internet browsing (mobile phone, palmtop, Smartphone, tablet etc.);
- active e-mail account,
- fast and uninterrupted Internet access;
- loudspeakers (to listen to voice materials and participate in live-sessions);
- microphone (to participate in live-sessions).
- The Customer is obliged in particular to:
- provide the Provider valid, actual and all required data necessary to conclude a Contract with the Provider and to keep such data up to date;
- use the Services and functionalities made available by the Provider in a manner that does not interfere with the functioning of the Provider, the Website or the tools through which the Provider provides the Services or Products (in particular, placing Orders in a manner that justifies suspicion of using tools that automate the Order placement process, in particular bots, or using the Services and functionalities in a manner indicating an intention to violate the provisions of the GTC or the law, may be considered an action that interferes with the functioning of the Provider, the Website or the tools referred to above);
- use the Services and functionalities provided by the Provider in a manner consistent with the provisions of law, the provisions of the GTC, as well as with the customs and rules of social coexistence accepted in the given scope;
- use the Services and functionalities made available by the Provider in a manner that is not onerous for other customers;
- timely pay the Remuneration and other costs agreed upon with the Provider in full;
- not to provide or transmit within the scope of the content that is forbidden by law, in particular Content that violates the property copyrights of third parties or their personal rights;
- not to take actions such as:
- sending or posting within the Site unsolicited commercial information or posting any content that violates the law (prohibition of posting illegal Content);
- undertaking computer or any other activity aimed at coming into possession of information not intended for the Customer, including other customers' data, or interfering with the rules or technical aspects of the functioning of the Website or the tools through which the Provider provides Services / Products and payment processing;
- modify in an unauthorized manner the content provided by the Provider, in particular the prices or descriptions of Services and Products provided within the Site;
- Notwithstanding the above, Customer acknowledges that the Website and/or the Services and Products provided through the Website may contain elements and content (e.g. graphic, video, text content) subject to copyright or other rights vested in the Provider or third parties and protected by law. Any copying, modification, and use of them in a manner inconsistent with their purpose and/or without consent of the Provider may constitute a breach of law. Customer agrees that it will not take any actions that may violate the rights of the Provider and the third party referred to above.
- The Provider will take action in order to remove the violation of rights without ado after receiving a notice related to the violation of law, the GTC, or other applicable provisions. The notice should be sent to an e-mail address.
- The Provider guarantees the protection of electronic transmission by using the appropriate technical and organizational measures, in particular, to prevent the third-party access to data, including SSL encryption, usage of passwords, and usage of anti-virus software or unwanted software.
- The Provider informs that using the Internet and electronic services may endanger the Customer’s systems and devices through malware or third-party data access. In order to minimize such danger, the Provider recommends using anti-virus or identity-protecting programs.
- The Provider will make every effort to provide continuous Website functioning; however disruptions in Website access and operation are possible (e.g. due to maintenance services). The Customers will be informed of such fact by receiving a notification through the Website.
- Information about Trainings and On-line Trainings published on the Website are not an offer in the Civil Code terms but an invitation to conclude the Contract.
- The Customer will be informed about the total cost of concluding a Contract (i.e. Provider’s remuneration, tax) and the main features of Services or Products at the moment of placing an Order or – at the latest - concluding the Contract.
§ 4 Concluding a Contract
- The Customer may place an Order at any time throughout the Order Form.
- In order to conclude the Contract it is important to:
- Choose a Product or Service (given Training), fill in the Order Form,
- Click the ‘Order and Pay’ or the similar button.
- The Contract is concluded when the Customer receives e-mail confirmation from the Provider.
- The e-mail referred to in above includes the information about the placed Order, its main features, remuneration, payment details, the confirmation of the conclusion of the Contract, bill and the pdf version of GTC.
- If the execution of the Order is not possible (for e.g. due to no place available) the Provider will inform the Customer about that fact via e-mail provided by the Customer in the Order Form.
- If the Customer pays the remuneration before receiving the information mentioned in point 5, The Provider will refund the Provider’s payment within 5 calendar days, subject to the point 8 below.
- If the Provider informs the Customer about not being able to execute the Order and the situation changes before the Provider refunds the payment, mentioned in the point 7, The Provider will inform the Customer about this fact via e-mail provided by the Customer in the Order Form.
§ 5 Electronic Services
- The Provider renders (free of charge) the following Electronic Services:
- service enabling to place Orders and conclude Contracts, under the terms and conditions specified in these GTC;
- presenting Customers with advertising content tailored to their interests;
- enabling browsing of Content placed on the Website;
- The services, mentioned in the aforementioned point 1 (a)-(c), are available 24 hours a day, 7 days a week, subject to periodic updates of the Website or other disruptions in its operation as described in these GTC.
- Other Electronic Services, such as Trainings or Services not directly mentioned in point 1 above, are provided according to the following, appropriate sections of the GTC.
- The Provider informs that and the manner in which these Electronic Services are provided may change from time to time. The Customers using them will be informed about this fact in a way appropriate to the change of GTC.
- The Contract (except for the Newsletter or browsing the Content of the Website) is concluded in the moment of Provider’s acceptance of the Order. The Contract ends if the Customer unsubscribes from the Newsletter or when the Provider has rendered the Services in full or the Contract expired due to other reasons.
- The Provider provides the Customers via electronic means, in particular – e-mail messages – an Electronic Service consisting of sending information of commercial and educational nature, i.a. regarding product offerings and services provided through the Website (hereinafter: "Newsletter"). The Newsletter is provided free of charge for an indefinite period of time.
- In order to activate the Newsletter Service, the Customer has to:
- satisfy the MTR,
- place an Order by providing its e-mail address in the electronic form available on the Website,
- have an active e-mail address.
- The Customer may deactivate the Newsletter at any time, which is equivalent to immediate termination of this Electronic Service. In order to deactivate the Newsletter, the Customer should click on the link with the content "Unsubscribe" included in the content (footer) of the Newsletter.
- Deactivation of the Newsletter may also occur at the initiative of the Provider, in the event of non-compliance by the Customer with the obligations required by the GTC.
- Upon deactivation of the Newsletter, the Provider shall cease sending the Newsletter to the Customer’s e-mail address.
- The Customer may re-order the Newsletter at any time.
- The Provider reserves that the content of the Newsletter is for informational purposes only and in no way constitutes any kind of advice. The Provider does not guarantee its accuracy or the effectiveness of its application in practice.
- Please note that when registering to the Training you enter into a legally binding Contract between you and the Provider, under which the Provider is obliged to give you access to the Training materials and you are obliged to make payment. The content of this Contract is regulated by this GTC and in the matters not regulated therein – by provisions of law applicable according to §13. The Contract is concluded at the moment of your payment for the participation.
- If you wish to participate in the Training outside of the Registration period, you can subscribe to a waiting list. If you subscribed to the waiting list, you receive at your email address a message from us about the date of the next edition of the Training.
- How does the Training look like? Each Training is based on an e-learning approach . Each Training may cover different subjects, but all of them have the following characteristics:
- The Trainings are performed in editions (“Training Edition”), which means there is defined start and end of each Training;
- The Training consists of the following materials (“the Training Materials”):
- Video lessons available on-demand on the platform teachable.com;
- Live video sessions organized on an online meeting platform (chosen by the Provider). The number of live video-sessions is determined by each Training edition. After registration to the Training you will be informed about the exact date and time of each live video-session. During the live video-sessions we will be discussing current topics related to matters presented in the video-lessons. The sessions are organized for the whole group of participants of Training Edition. Each Customer may join the live video-session during its time and leave anytime;
- Discord.com server for all participants from all the editions of the given Training. During the Training Edition you can discuss with other participants of the Program and ask the Provider any questions.
- How can I access the video lessons? Each Training’s video-lessons are available on-demand (via streaming) on teachable.com platform (“the Platform”). Please note, it is forbidden to download the video-lessons under this Agreement. The Training’s video-lessons are available for an unlimited period on the Platform. However, please note that we reserve the right to delete the video-lessons from the Platform in whole or in part after the Training finishes, so we strongly recommend to watch all Training’s video-lessons before the end of the Training.
- Refund policy. If you are not satisfied with the Training you can resign from participation during 30 days from the moment of your payment for the Training and get your money back. It is not possible to resign after 30 days from the moment of your payment. If you resign, your funds will be returned to you not later than in 14 days.
- If you wish to resign, please notify us by e-mail to the address mentioned in Contact details, i.e. [email protected] Please note, the moment of resignation, you will be deprived of access to the Platform and you neither have access to Training Materials nor can participate in live video-sessions.
- Other provisions. Training will be organised in the time and place specified by the Provider. The Customer will be informed about the time and place of the Training by e-mail.
- The Provider has the right to refuse to provide the service if the Provider does not receive the Remuneration in the time specified in § 6 item 4 of the GTC. In that case the Order will be cancelled.
- In the case when Customer informs the Provider about not being able to attend the Training, the Provider will consult another term unless the Customer claims the refund due to the justified reason of significant nature. The Customer accepts the new term via e-mail to the Provider.
§ 6 Remuneration
- Remuneration for the given Training or Product is each time specified while placing the Order at the latest. Remuneration includes taxes (gross price). The Remuneration is in EUR.
- The Provider has the right to provide – from time to time – Products and/or Trainings and/or other services free of charge or to give discounts, subject to its sole decision.
- The Provider accepts the payment via dedicated payment gateways.
- If the bank transfer payment was chosen, the Customer is obliged to pay the Remuneration within 3 calendar days since the time of receiving the confirmation. If the Customer does not pay on time, the Order will be automatically cancelled by the Provider. The time of payment is the date on which the bank of the Provider has credited the payment to Provider’s account.
- The parties have the right to consult individually the time and way of payment.
§ 7 Complaint(s)
- The complaints may be made by the Customer via an e-mail sent to the address mentioned in Contact details, i.e. [email protected]
- A complaint should (but it does not have to) contain the description of the situation and a request or suggestions of Customer as well as his/her data and the no. of the Order (and/or other data relevant to identify the Customer).
- The Provider will examine the complaint within 30 days since its receipt. The Provider will send the Customer an answer to the complain in writing or via e-mail in .pdf format. In the case when the claim is rejected, the Customer will receive the justification. Lack of the Provider’s answer in the time mentioned above means acceptance of the complaint in full.
§ 8 Withdrawal
- The Consumer who concluded the Contract may withdraw from it within 14 calendar days since the day of its conclusion, without an explanation and without any costs but costs owing to the Provider for the services completed until the withdrawal is made. This does not contradict the Contracts concerning Trainings where the Provider allowed for longer periods for withdrawal - see "refund policy" rules described above.
- Declaration of withdrawal may be made via e-mail or in writing sent to the Provider’s address within the term set above, however the Provider recommends sending the aforementioned declaration via e-mail. The recommendation mentioned in the first sentence does not influence the effectiveness of the Consumer’s declaration made in other way. The Provider will confirm receipt of the Consumer’s declaration via e-mail.
- The template of withdrawal is contained in the appendix no.1 to the GTC and the appendix no.2 to the Consumer Rights Act, however it does not have to be made on those templates.
- The Provider is obliged to refund all the costs within 14 days since receiving the withdrawal of the Consumer.
- The Provider refunds the costs in the same way the payment has been made unless the Consumer accepts other way of payment refund. In each of those situations Consumer does not pay for reimbursements.
- The Consumer has no right to withdraw from the Contract if the Provider has completed the Service and the Consumer has been informed that after its completion it will have no right to withdraw from the Contract.
- The provisions of this paragraph do not pertain to the Customers who are not Consumers.
§ 9 Responsibility and the warranty
- If you are not a Consumer, the Provider’s liability is limited only to the cases of its intentional fault. If you are a Consumer, the Provider’s liability is limited only to the case of its fault.
- Notwithstanding the above, the Provider bears no responsibility for the effectiveness of teaching and learning using the Trainings. The Provider is not responsible for the consequences of using the Program. In particular for:
- incompliance of the Training with Customer’s expectations;
- learning outcomes using the Training, in particular the Provider cannot guarantee that participating in the Training and applying techniques, skills and knowledge contained in the Training will result in safety and security of applications or software created or to be created by the Customer;
- possible parenting or behavioral problems of Customers related to the use of the Training;
- decisions based on the Training – e.g. financial decisions in the field of education, raising children and other forms of your activity;
- lack of learning progress;
- non-compliance of the views presented in the Training with Customer’s views, requirements of any teachers, schools or universities or other requirements.
- To the full extent permitted by binding law (including consumer protection provisions) we are not liable for any actions or damages resulting from:
- not adjusting to the MTR;
- impossibility of accessing the Training for reasons beyond Provider’s control;
- force majeure including: wars, terrorist attack, fire, flood in server room, hackers attack, failures, pandemic, reasons on the part of access providers, failures of hardware or software of the Customers, failure in server rooms, reasons on the part of other third parties (entities providing telecommunications, hosting, bank, postal, courier, e-mail, registration and keeping domains services and other similar services, entity operating payment process);
- illicit usage;
- violating the law or acts and/or omissions of the Customer;
- reasons on the part of Customer’s software and hardware;
- rejecting emails by email servers as a result of filters, blocks, or failures;
- deeming our e-mails or Customer’s e-mails spam by e-mail operator;
- any damage borne by the Customer as a result of using unprotected and deprived of antivirus computer software connected to the Internet.
§ 10 Personal data
§ 11 Changes to the GTC
- The Provider may change these GTC from time to time.
- The Customers with the Contract being in force will be informed about any changes via e-mail at least two weeks before the changes come into force.
- The Customer may refuse to accept the changes – in that case, the given Contract ends with immediate effect.
§ 12 Out-of-court ways to examine the complaints and redress and the rules to access to these procedures
- If the Provider refuses the complaint of Consumer and Consumer does not agree with the standpoint of the Provider, Consumer has the right to submit a dispute to arbitration or to ask the appointed court for mediation or arbitration.
- Information on access to the procedures indicated in point 1 of this paragraph can be found on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/spory_konsumenckie.php and on the websites of district (municipal) consumer ombudsmen, Voivodeship Inspectors of Trade Inspection and social organizations whose subject of activity is protection of Consumer’s rights. The consumer may also use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.
- In the case when the out-of-court complaint consideration fails to resolve the dispute between the Provider and the Consumer, the dispute will be resolved by the court competent for the place and substance.
- Disputes arising in connection with or performance of the Contract between the Provider and Customer who is not Consumer shall be resolved by a court competent for seat of the Provider.
§ 13 Final provisions
- In matters not regulated in the GTC, the provision of the Polish Civil Code will apply, however the Consumer does not lose the protection granted by the mandatory rules of the country of his/her habitual residence.
- An attachment to the GTC constitutes its integral part.
Notice of withdrawal model
[place and date] [Consumer’s name, surname, and address]
NOTICE OF WITHDRAWAL
I, the undersigned [Consumer’s name and surname] withdraw from [type of contract, Order no.] concluded between me and the Provider on [date] and concerning [other details, i.e. type of service/product provided].
name and surname