Fluentbe terms and conditions

Service provision by Fluentbe Sp. z o.o.

§1 Definitions

The terms used in these Terms and Conditions have the following meanings:

1. Fluentbe - Fluentbe Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-895), at Biała 4, premises 81, entered into the Register of Entrepreneurs by the District Court for the Capital City of Warsaw, 12th Commercial Department of the National Court Register under the number KRS 0000562340, with a share capital of 90 050.00 PLN, holding tax identification number (NIP): 527-27-38-544, statistical identification number (REGON): 361742271.
2. Current - remuneration due to Fluentbe, payable on a one-off basis or in cyclical instalments in the amount, date and form set out in the Regulations and the Order.
3. Subscription fee - a one-off fee paid by the Listener.
4. Scheduled Course Completion Date - the date of completion of the Classes as specified in the Order.
5. Lesson Timetable - dates and times of particular Individual Lessons or Group Lessons.
6. Access Key - Internet address enabling the Listener to install the application enabling audio-video transmission and to log in to the group where the Lessons will be administered
7. Course - all Lessons in which the Listener is entitled to participate pursuant to the Order.
8. Group lesson - an audio-visual connection via the Internet with the teacher and other listeners, where the total number of listeners in a group cannot exceed the number specified in the Order, and the duration of a group lesson is specified in the Order.
9. Individual Lesson - an audio-visual connection via the Internet with a teacher, whereby the duration of an Individual Lesson is specified in the Order.
10. Sessions - a specified number of Lessons during a single session with a teacher.
11. An Order - a form specifying basic information on the Course, including the Tuition Fee and the number of Lessons in the first instalment of the Tuition Fee; the Order is available online on the Fluentbe website.
12. Listener - a person who concludes the Agreement by completing the Order and accepting the Regulations.
13. Regulations - these Regulations.
14. Contract - agreement for the provision of services by Fluentbe concluded in accordance with §2 section 2.

§2 Contract conclusion, right of withdrawal.

1. The Agreement is concluded remotely, without the simultaneous physical presence of the parties.
2. The Agreement is concluded by filling in the Purchase Order available on the website fluentbe.com and accepting the Terms and Conditions or remotely via the SignNow.com application (https://www.signnow.com/) or by email by sending back a declaration of acceptance of the terms and conditions of the Lessons and accepting the Terms and Conditions.
3. The contract is concluded for a definite period of time which is specified in the Order each time.
   A) in the case of group Lessons, covering one Course lasting until the date specified in the Order (the Scheduled Completion Date of the Course),
   B) In the case of individual Lessons, according to the number of Lessons purchased.
4. In the case of Individual Lessons, the Listener may extend the Contract by paying the Tuition Fee for the consecutive Lessons.
5. The date of the first Lesson and the Timetable of Lessons will be determined by Fluentbe in consultation with the Listener. The date of the first Lesson and the Timetable are indicative in the sense that, for technical reasons or due to the lack of sufficient number of Students for a given Course, the date of the first Lesson or the Timetable may be subject to change. The exact timetable and date of the first Lesson will be notified to the Student by Fluentbe.
6. The level of the Student's proficiency is determined on the basis of a level test conducted by Fluentbe.
7. In the event that the Listener is unable to accept the final Timetable or the date of the first Lesson, the Listener may terminate the Agreement with immediate effect. In such an event, if the Listener has paid the whole or part of the Tuition Fee, Fluentbe will return the amount of the Tuition Fee paid by the Listener within 14 days from the date of termination.
8. In the case of group Lessons, if the minimum number of 3 Students in a given group is not achieved or the number of Students decreases below 3 during the course of the Course, Fluentbe may offer the Student to take group Lessons in another group (including a different Timetable) of the same level or terminate the Agreement by returning to the Student the pro-rata amount of the unused Tuition Fee.
9. The Listener who is a consumer as defined by art. 22(1) of the Civil Code shall have the right to withdraw from the Agreement within fourteen days from the date of its conclusion without the need to state the reason. If, prior to the withdrawal from the Agreement, the Student has paid the tuition fee, it will be refunded by Fluentbe. The specimen declaration of withdrawal from the Agreement is in Appendix A to the Terms and Conditions. The declaration of withdrawal from the Agreement should be sent to the address of Fluentbe indicated in §1 point 1 by registered letter or by e-mail to: kontakt@fluentbe.com. For the effective exercise of the right of withdrawal it is sufficient to send the declaration of withdrawal from the Agreement before the above-mentioned deadline.
10. If the Listener who is a consumer withdraws from the Agreement after the commencement of the Course, the Listener shall be obliged to pay a part of the Tuition Fee in an amount proportional to the number of Lessons in which the Listener could participate.

§3 Declarations, organisation of the Course, time for taking individual Lessons.

1. Fluentbe declares that it has at its disposal all the means and resources necessary for the proper conduct of the Course.
2. The Listener confirms that he/she meets the Technical and Hardware Requirements referred to in § 10 of the Terms and Conditions and undertakes to install the application referred to in the definition of the Access Key, and in connection with this installation and the use of the said application within the Course, the Listener shall not be obliged to make any payments, including licence fees in connection with this installation and the use of the said application within the Course.
3. Before the first Lesson, Fluentbe agrees to provide the Listener with an Access Key.
4. The number of Lessons available in the Course is guaranteed which means that in the event that, for any reason attributable to Fluentbe, any of the Lessons does not take place at the time specified in the Timetable or if the date of a Lesson under the Timetable falls on a public holiday other than Sunday, the Course will continue in accordance with the Timetable so long as all Lessons covered by the Course are completed. If Fluentbe is unable, for any reason, to deliver a given number of Lessons by the Scheduled Completion Date, the difference between the payments made and the value of the Lessons completed will be returned to the Listener by bank transfer within 14 days from the date of the actual end of the Course or - upon the agreement of the Listener - may be credited towards the next Course purchased by the Listener.
5. In the event that the Listener is unable to participate in a Group Lesson for reasons beyond Fluentbe's control or for reasons attributable to the Listener, the Group Lessons in which the Listener was unable to participate are not rescheduled.
6. In the case of individual Lessons, it is permissible to cancel or reschedule a Lesson on the condition that the Listener must inform Fluentbe of the cancellation or rescheduling at least 24 hours before the scheduled Lesson. Failure to meet the 24 hour notice deadline will result in the Lesson being deemed cancelled.
7. The Listener who has concluded a contract for individual Lessons may take Individual Lessons at the time stipulated in the Order or, if no such time is stipulated, within 12 months from the date of conclusion of the Contract.
8. If the Listener fails to complete the Individual Lessons within the terms stipulated in section 7, Fluentbe has the right not to carry out the Individual Lessons after the expiry of the above terms, and the paid Tuition Fee will not be refunded.

§4 Tuition, Registration fee

1. The amount of the Tuition Fee is specified in the Purchase Order. The prices specified in the Purchase Order are gross prices (including applicable taxes).
2. The Tuition Fee may be payable as a one-off payment (in full in advance) or cyclically in advance in instalments on terms and conditions set out in the Order.
3. Fluentbe may provide the Listener with discounts or rebates on the Tuition Fee or Entry Fee. The Listener acknowledges and accepts that the discounts and reductions are granted only if the whole Course is completed in full, i.e. if the Listener does not terminate the Agreement during the Course or if Fluentbe does not terminate the Agreement for reasons attributable to the Listener.
4. In the case of the Tuition Fee payable periodically in instalments, the Listener undertakes to pay the instalments in advance in accordance with the information on the Course prepared by Fluentbe. The information will contain an indication of the package of Lessons or Activities paid for by the Listener in a given instalment.
   
   Fluentbe accepts the following forms of payment of the Tuition Fee:
   Electronic payments, credit card payments, deferred payments or instalment payments via PayU.pl, Polskie ePłatności or PayPal or in any other manner defined by Fluentbe - the possible current payment methods are defined in the Order and on the website http://www.payu.pl and https://paylane.pl/
   
   Settlement of electronic payment and payment card transactions is carried out at the Client's choice via PayU.pl or PayLane.pl. Handling of electronic payments and payment cards is conducted by:
   
   PayU SA with the seat in Poznań, 60-166 Poznań, ul. Grunwaldzka 182, a domestic payment institution, supervised by the Polish Financial Supervision Authority, entered in the Payment Services Register under no. IP1/2012, entered in the register of entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under no. KRS 0000274399, with the share capital amounting to 4. 944.000 PLN, fully paid up, holding tax identification number NIP: 779-23-08-495, REGON 300523444.
   
   or
   
   Polskie ePłatności spółka z ograniczoną odpowiedzialnością with registered office in Tajęcina (formerly "Paylane" sp. z o.o.), address: Tajęcina 113, 36-002 Jasionka, KRS: 0000227278, NIP 5862141089 and REGON 220010531.
5. In the event of non-payment of Tuition Fee, Fluentbe has the right to terminate the Agreement with immediate effect. The termination shall be effected in documentary form within the meaning of Article 77(3) of the Civil Code. Termination of the Agreement is tantamount to lack of access to the Course.
6. In the event that a refund is required for a transaction made by the Listener by debit or credit card, Fluentbe will make the refund to the bank account assigned to such card of the Listener. In the case of another form of payment, the refund will be made using the same payment method that was selected during the transaction. If this is not possible, Fluentbe will refund the funds to the bank account indicated by the Listener.
7. If the Listener pays another instalment after the date of the last Lesson in the package paid for in accordance with the information about the Course prepared by Fluentbe in accordance with paragraph 4, the extension of access to the Course takes effect from the date of the last paid Lesson in the previously paid for package of Lessons.
8. In the event of termination of the Agreement by the Listener or Fluentbe for reasons attributable to the Listener or in the event that the Listener does not participate in the Classes despite the lack of termination for reasons attributable to the Listener, the discounts granted for the Tuition Fee or the Registration Fee will be cancelled for the period from the date of conclusion of the Agreement to the date of its termination. The amount due to Fluentbe as a refund of the discount or rebate granted will be settled by deducting this amount from the amount due to the Listener in respect of the resignation from the remaining part of the Course. If it is not possible to deduct the above amount, the Listener will be obliged to pay it, including the full amount of the Registration Fee, to Fluentbe within 7 days of the termination of the Agreement.

§5 Rights and obligations of the Listener

1. The Listener is obliged to pay the Tuition Fee in accordance with the Order and the Regulations.
2. The Listener has the right to access learning materials prepared by Fluentbe. The Listener may use the learning materials only within the scope of permitted personal use.
3. Listener is prohibited to:
   - refer in a vulgar manner or violate the dignity of other Students and the teacher,
   listeners and the teacher,
   - enter into the computer system made available to the Listener the content violating the law or good manners, in particular, vulgar, pornographic content or content violating copyright or intellectual property rights.

§6 Rights and obligations of Fluentbe

1. Fluentbe undertakes to perform its obligations under this Agreement with reasonable care.
2. Fluentbe undertakes to provide the Listener with basic teaching materials adapted to the Advanced Level. Additional learning materials, including those of a specialised nature, may be provided for an additional fee.
3. Fluentbe undertakes to provide the Listener with technical assistance to the extent necessary for the proper conduct of the Course - before the first Lesson and during the Course.

§7 Termination of Agreement

1. The Student has the right to terminate the Agreement with immediate effect in the event that four consecutive Lessons, through Fluentbe's fault, do not take place in accordance with the Timetable. In the event of termination, Fluentbe will refund to the Listener the part of the paid Tuition Fee which relates to the Lessons to be held after the termination.
2. Fluentbe has the right to terminate the Agreement with immediate effect if the behaviour of the Listener during a Lesson makes it impossible to conduct the Lesson or violates the personal interests of the Lecturer or other participants of the Course, or if he/she violates the prohibitions defined in § 5 section 3.
3. The Listener shall have the right to terminate the Agreement at any time without giving any reason. The notice of termination will cover 4 consecutive group lessons or 2 individual lessons after the delivery to Fluentbe of the notice of termination. The notice of termination can be sent by e-mail to the following address: kontakt@fluentbe.com. The notice of termination should contain at least the name of the Listener, his/her email address and a statement of the termination of the Agreement. The aforementioned termination notice period shall also apply to the termination of the Agreement by the Listener for important reasons.
4. In the event of the termination of the Agreement by the Listener before the expiry of the term for which it has been concluded, the parties to the Agreement shall make mutual settlements taking into account the provisions of § 4 section 8.

§8 Responsibility

1. Fluentbe makes every effort to enable the Listener to make progress in learning but as the process of language acquisition is dependent on many factors beyond the scope of this service, it does not guarantee the result of the Listener's mastery of a foreign language at any level.
2. Fluentbe shall not be held responsible for the result of language examinations taken by the Listener after the Course.
3. Fluentbe is not responsible for the operation of the device used by the Listener as well as for the lack of access to or disruptions in access to the Internet on the part of the Listener. Fluentbe is not responsible for force majeure events or events beyond Fluentbe's control.
4. The Listener shall be liable for payment of the Tuition Fee and for any damage caused to Fluentbe in connection with the non-performance or improper performance of this Agreement.
5. For non-consumer Listeners, Fluentbe's total liability on any account is limited to the amount of the Tuition Fee actually paid.

§9 Claims

1. Fluentbe provides an email address kontakt@fluentbe.com for sending enquiries and complaints.
2. Claims should include, in particular, the subject of the complaint and the circumstances justifying it.
3. Complaints containing vulgar or offensive content towards the Service Provider shall not be considered.

§10 Technical and Equipment Requirements

In order to properly participate in the Lessons, the Listener should meet the Technical and Equipment Requirements available at: https://www.fluentbe.com/help/knowledge-base/wymagania-techniczne/

§11 Final Provisions

1. All matters not regulated herein shall be governed by the relevant provisions of the Civil Code and other provisions of Polish law.
2. Fluentbe informs you that you may submit a dispute arising from the application of these Terms and Conditions for resolution using the ODR platform.
3. A listener who is a consumer may also turn to the district (city) consumer ombudsman.
   Disputes under these Rules and Regulations or the Agreement may also be resolved in the case of:
   A) Listener who is a consumer A) the Listener being a consumer - by the competent court according to the provisions of the Code of Civil Procedure,
   B) a Listener who is not a consumer - by the competent court for the seat of Fluentbe or its assignee - if Fluentbe is the initiator of the proceedings, or the competent court for the seat of Fluentbe - if the Listener is the initiator.