Contract


Terms & Conditions

contract

Terms & Conditions


TERMS, CONDITIONS AND WARRANTIES - ONE TO ONE SERVICES


1. Nature of the Business
Cognissima Corporate Training Limited, hereinafter Cognissima Corporate, provides training to individuals and companies, in a diversity of areas including languages. The services are advertised and represented under the name “Cognissima” or other brand names like Portuguese Global.
2. Fees
Fees are agreed between Cognissima Corporate and the client prior to the tuition starting. In most cases these fees are in line with the standard published rates which can be found in the website. But some tutors may charge different prices, to be negotiated on a case by case basis. The standard rates published in the website refer to typical contracts for blocks of five, ten or more lessons. The fees for one-off lessons will be negotiated on a case by case basis.
3. Service Quality – Guarantee
Cognissima Corporate provides a diversity of services of support to the tutors, including methodological advising whenever required by the tutors, student’s needs assessment, assistance in class planning, booking management and mediation in room allocation, whenever required by the tutors. Despite the tutors’ teaching autonomy these services are conceived as a determinant factor of the quality of the teaching.
4. Payment
Lessons are purchased in advance, and paid until 48 hours before the start of tuition or until 48 hours before the first agreed date of a new block of lessons, in case of contract renewal. Packages of lessons are valid for 6 months counting from the date of the first scheduled lesson, or from the date of the payment of the contract, whichever occurs first. After that period, if no satisfactory attendance has been fulfilled it will be deemed that the client is no longer interested in the course/tuition and therefore will have lost the remaining hours, the onus of the decision to be resting with the client.
For the puorpose of counting these six months, in case the first scheduled class is cancelled by the student the clock start counting on that day, despite the class not taking place. In the case of renewal, the "first scheduled lesson" is considered to be the usual day (or first day, if there are more classes per week than one) of the the week when the class occur.
5. Class or contract cancellation
5.1. Cancellation by the client
• Classes
The cancellation of a lesson due to illness, holiday or other reasons, must be communicated to Cognissima to the email info@cognissima.com or info@portuguese.global (for Portuguese courses), or directly to the tutor. This information must reach our services or the tutor until 1pm of the day it is sent, and concomitantly at least 26 hours before of the lesson’s scheduled time. Unless these two conditions are met, a class that is cancelled for whatever reason will be charged at the full lesson rate. Lessons can be rescheduled for alternative dates at no charge as long as the afore mentioned conditions are met. NB: For the calculation of the "until 1pm" and "26 hours period" for notice afore mentioned stipulations, weekends or bank holidays time is not to be counted.
• Contract
a) After the booking and confirmation of the first class, if the client wishes to cancel the contract, prior to the first class taking place, Cognissima will charge a £50.00 fee to cover the expenses involved in organising the course. In any case this cancellation must occur 26 or more hours before the scheduled start, and follow all the time calculation stipulations mentioned in B.b).
b) After the first scheduled lesson the client has a right to the cancellation of the contract with immediate refund of the remaining paid lessons (but not of the taught lesson) in case the client feels that the services provided are not up to the client’s reasonable expectations. To be entitled to this cancellation and refund the client must inform Cognissima Corporate to the email info@cognissima.com or info@portuguese.global (for Portuguese courses), immediately after the lesson (or within twelve hours of the end of the first lesson if the next lesson is more than 24 hours apart), detailing the reasons of her/his dissatisfaction. After this period the right to a refund or contract cancellation terminates.
b.1) In situations like impediment due to learner's illness, work new commitemnets or other unforeseeable impediments, the contract is supended and Cognissima will offer a voucher of the remaining amount of classes not used. This voucher can be used within 6 months to book Cognissima's one to one services. The voucher is normally in the exact amount of the non-taught classes. Cognissima reserves the right to deduct administrative fees if the process of suspending and re-starting the course and trainer re-allocation is exceptionally time consuming.
If these circumstances occur Cognisima or the tutor must be given 26 hours notice, subjected to the same conditions as for cancelling a class (see point 5.1)
5.2. Cancellation by Cognissima or the tutor
Our tutors must conduct themselves in a way that makes their services reliable in terms of frequency and punctuality. Nevertheless there are cases when, due to personal reasons a tutor must miss a class. On the other hand, to guarantee the quality of the service, for operational reasons, teacher's illness or supervening unavailability or other unforseeable reasons Cognissima may also need, in very rare cases, to cancel a class or classes. In case a class or classes must be cancelled by the tutor or by Cognissima, the tutor and/or Cognisima will endeavour to communicate that cancellation as soon as the need of a cancellation is know. In case a class is cancelled by the tutor or by Cognissima, the class must be replaced on a day and time that fits in the learner's schedule and time availability.
Replacement classes are normally taught by the same teacher, but the teacher can ask Cognissima to find a substitute teacher.
In extremely rare cases of improper conduct, ineffective teaching, or operational reasons Cognisima may decide to substitute teacher, after consulting with the learner.
The cancellation of a class or classes by the tutor or Cognissima will not in any case give the client the right to a refund, except if a replacement class isn't arranged by Cognissima or the tutor within the learner's time avalability, until one week after the last class taught within the contract.
5.3. Cancellation due to force majeure
If a class or classes must be cancelled due to force majeure - occurrences beyond the reasonable control of Cognissima Corporate, like floods, earthquakes or other natural disasters, epidemics or other public health constraints, acts of terrorism, or other force majeure occurrences not specified in this document - Cognissima Corporate will offer a replacement class or classes as soon as the force majeure constraint - and its consequences that determined the cancellation of the class or classes - cease. The replacement classes will take place on the location previously used, or in anothet location indicated by the learner within TFL zone 1, or via online training.
To guarantee minimal or no disruption to the course, the first option to consider in cases of cancellation of face to face classes (due to force majeure) is replacing those classes by online classes. By accepting these T&C's, the client accepts that Cognissima Corporate may adopt the online training alternative for the time necessary until the force majeure constraints cease. A refund (either partial or total) will not be due where a class or classes are cancelled due to force majeure constraints, as defined in this T&Cs. The client may choose, alternatively, to receive a credit voucher in the amount of the non-taught classes, to be used to pay partially or totally for similar group services, within one year of the voucher issuing.
6. Stopping Tuition
In order to stop tuition for a period of time, one week’s notice must be given to Cognissima Corporate. If a tutor has to stop tuition mid-course then Cognissima Corporate will endeavour to arrange for an alternative tutor to begin as soon as possible. If this is not possible, then a refund of the balance of the fees paid for the remaining unused tuition will be made.
7. Tuition
Tutors will provide handouts for lessons and will be able to recommend textbooks to clients.
8. Class registration and proof of delivery of service
Cognissima Corporate Training will send the learner, upon the receipt of payment, a Services Sheet / Record of Lessons Taught containing a list of lessons' codes (one per lesson). These codes are unique numbers which identify each lesson. They are tokens that the learner must pass to the teacher (one per lesson, after each lesson), in so doing acknowledging that the class was effectively taught. The teacher will register the code on the Record of Lessons Taught.
The teacher can not in any circunstances ask for codes of lessons not yet taught. The learner must not disclose the codes either to the teacher or to a member of the staff, in any circumstances except when a lesson has been effectively taught. The learner remains solely responsible for the codes to be safely kept. These are only to be informed to the tutor after each lesson (one code per lesson).
9. Non-Solicitation Provison
The client agrees that she/he will not solicit for private teaching or other work collaboration for themselves or any other entity, or employ in any capacity, any trainer or administrative staff of Cognissima for a period of two years after service to the client has been completed. If the client violates the provision Cognissima shall recover from the client an amount equal to the average amount paid for contracts with the client, based upon the three months preceding the trainer or other staff end of collaboration with Cognissima and/or the start of private collaboration with the client (whichever occurs first), times twelve, plus injunctive relief and counsel fees.
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