Contract


Terms & Conditions

contract

Terms & Conditions


TERMS, CONDITIONS, AND WARRANTIES - ONE-TO-ONE SERVICES


1. Nature of the Business
Cognissima Corporate Training Limited, hereinafter referred to as Cognissima Corporate, provides training to individuals and companies in a variety of areas, including languages.
2. Fees
Fees are agreed upon between Cognissima Corporate and the client before the tuition commences. In most cases, these fees align with the standard published rates, which can be found on the website. However, some tutors may charge different prices, to be negotiated on a case-by-case basis. The standard rates published on the website pertain 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 offers various support services to tutors, including methodological guidance when needed, assessment of students' needs, assistance in class planning, booking management, and mediation in room allocation when required by the tutors. Despite the tutors' teaching autonomy, these services are considered a crucial factor in the quality of teaching.
4. Payment
Lessons are to be purchased in advance and paid for up to 48 hours before the start of the tuition or up to 48 hours before the first agreed date of a new block of lessons in case of contract renewal. Packages of lessons are valid for six months from the date of the first scheduled lesson or the date of the contract payment, whichever comes first. After this period, if satisfactory attendance has not been met, it will be assumed that the client is no longer interested in the course/tuition, and the remaining hours will be forfeited, with the decision resting with the client.
For the purpose of counting these six months, if the first scheduled class is cancelled by the student, the clock starts counting on that day, even if the class does not take place. In the case of renewal, the "first scheduled lesson" is considered to be the usual day (or the first day if there are more classes per week than one) when the class occurs.
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 via email at info@cognissima.com or info@portuguese.global (for Portuguese courses) or directly to the tutor. This information must reach our services or the tutor by 1 pm on the day it is sent and at least 26 hours before the scheduled lesson. Unless these two conditions are met, a cancelled class, for any reason, will be charged at the full lesson rate. Lessons can be rescheduled for alternative dates at no charge, as long as the aforementioned conditions are met. Note: Weekends or holidays are not counted when calculating the "until 1 pm" and "26-hour period" for notice. • Contract
a) After booking and confirming the first class, if the client wishes to cancel the contract before the first class takes place, Cognissima will charge a £50.00 fee to cover the expenses involved in organizing the course. In any case, this cancellation must occur 26 or more hours before the scheduled start, following all the time calculation stipulations mentioned in B.b). b) After the first scheduled lesson, the client has the right to cancel the contract with an immediate refund of the remaining paid lessons (but not for the taught lesson) if the client feels that the services provided do not meet reasonable expectations. To be entitled to this cancellation and refund, the client must inform Cognissima Corporate via email at 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 for their dissatisfaction. After this period, the right to a refund or contract cancellation terminates. b.1) In situations such as impediments due to the learner's illness, new work commitments, or other unforeseen obstacles, or if the client's initial motivation for booking the course changes, the contract will be temporarily suspended, but no refunds will be issued. In such cases, Cognissima will provide a voucher for the remaining unused classes. This voucher can be utilised within a 6-month period for the booking of Cognissima's one-to-one services by the client or anyone indicated by them. Cognissima reserves the right to deduct a minimum administrative fee of £50.00 (which can increase depending on the amount of administrative work involved) to account for the work required to address the situation, including, but not restricted to, the process of suspending or reinstating the course, reassigning a trainer, or organise any refunds, if these are agreed in exceptional circumstances. If the client wishes to suspend the contract, Cognissima or the tutor should be promptly notified with a minimum of 26 hours' notice, following the same conditions as specified for class cancellations (refer to point 5.1)
5.2. Cancellation by Cognissima or the Tutor
Our tutors are expected to conduct themselves in a way that ensures the reliability of their services in terms of frequency and punctuality. However, there are cases when, due to personal reasons, a tutor may need to miss a class. Additionally, for operational reasons, teacher's illness, supervening unavailability, or other unforeseeable reasons, Cognissima may need to cancel a class or classes in very rare cases. In case a class or classes must be cancelled by the tutor or by Cognissima, the tutor and/or Cognissima will make every effort to communicate the cancellation as soon as the need for a cancellation is known. In the event a class is cancelled by the tutor or by Cognissima, the class must be rescheduled to a day and time that fits the learner's schedule and time availability. Replacement classes are typically 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, Cognissima may decide to substitute a 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 availability, 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, such as floods, earthquakes, other natural disasters, epidemics, public health constraints, acts of terrorism, or other force majeure occurrences not specified in this document – Cognissima Corporate will offer replacement classes as soon as the force majeure constraint and its consequences that led to the cancellation of the classes cease. The replacement classes will take place at the location previously used, or at another location indicated by the learner within TFL zone 1, or via online training.
To ensure minimal or no disruption to the course, the primary option to consider in cases of face-to-face class cancellation (due to force majeure) is to replace those classes with online classes. By accepting these T&Cs, the client acknowledges 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 granted for class cancellations due to force majeure constraints as defined in these T&Cs. Alternatively, the client may choose to receive a credit voucher for the amount of the non-taught classes, which can be used to partially or completely pay for similar group services within one year of voucher issuance.
6. Stopping Tuition
To pause tuition for a specific period, one week's notice must be provided to Cognissima Corporate. If a tutor must halt tuition mid-course, Cognissima Corporate will make every effort to arrange for an alternative tutor to begin as soon as possible. If this is not feasible, a refund of the balance of the fees paid for the remaining unused tuition will be issued.
7. Tuition
Tutors will supply handouts for lessons and can recommend textbooks to clients.
8. Class Registration and Proof of Delivery of Service
Upon receipt of payment, Cognissima Corporate Training will send the learner a Services Sheet/Record of Lessons Taught containing a list of lesson codes (one per lesson). These codes are unique numbers that identify each lesson. They are tokens that the learner must pass to the teacher, one per lesson, after each lesson, as confirmation that the class was effectively taught. The teacher will record the code on the Record of Lessons Taught. The teacher is not permitted to request codes for lessons that have not yet been taught. The learner must not disclose the codes to the teacher or any staff member under any circumstances, except when a lesson has been effectively taught. The learner is solely responsible for safely keeping the codes and should only provide them to the tutor after each lesson (one code per lesson).
9. Non-Solicitation Provision
The client agrees not to solicit 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 this provision, Cognissima shall recover from the client an amount equal to the average amount paid for contracts with the client, based on the three months preceding the end of collaboration with Cognissima by the trainer or other staff, or the start of private collaboration with the client (whichever occurs first), multiplied by twelve, in addition to injunctive relief and counsel fees.
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