These
terms and conditions for supply of training services online state the basis on
which we Steps4Growth will
supply training services to our customers.
These
terms and conditions are the contract between you and Dragomir Diana-Cristina PFA, a self-employed person registered in ROMANIA under unique identifier code CUI 4234862
1 and No. of order at the Trade Departament F23/154/2020 with our registered office at ROSU, PUFULETI #22, ILFOV - ROMANIA, owner of Steps4Growth.org (“us”, “we, etc.) so please read these terms and
conditions carefully before placing an order. By purchasing training services
on this site, you agree to be bound by these terms and conditions. If you are
not willing to be bound by these terms and conditions, please do not purchase
training services on this site.
Steps4Growth
mission is to support individuals and organizations through
learning.
You
can get hold of us by emailing us at contact@steps4growth.org.
For information about how we
collect and use your personal information, please see our Privacy Policy
AGREED
TERMS
It
is agreed that:
If
any word, phrase or explanation used within this agreement is not clear, it
will be defined and interpreted according to the definitions and
interpretations set out below:
DEFINITIONS
- Acts, Legislation: or other similar references shall
include any updates and or amendments to the same.
- Charges: the charges payable by you to us
according to the terms of this Contract.
- Customer: a business whether that be an individual,
firm, company or other organisation stated on the Order.
- Customer Materials: any materials or information which you
provide to us in relation to the supply of the Services.
- Order: the order placed by you on the Website.
- Services: the services set out in the Services
Specification which we are to supply according to the terms of this
Contract.
- Services Specification: the description of the Training
Services supplied by us on the Website at the time you place the Order.
- Standard Services
Charges: the standard services
charges for the Services set out on the Website at the time you place the Order.
- Written: and any similar expression, includes
e-mail.
It
is also agreed that:
You
wish to acquire training services described in the Order (Services) and
we wish to supply them to you, on the terms and conditions set out in this
agreement (Terms).
We
shall only supply Training Services to the Customer on these Terms.
We
reserve the right, at our discretion, to modify, add, or remove any or all of these
terms and conditions at any time and each such change shall be effective
immediately upon posting.
The
terms that apply to you are those posted here on our website on the day you
order training services.
Terms
can only be varied in writing signed by us.
Your
continued use of this site and purchase of services on this site following the
posting of changes to these terms and conditions will mean that you accept
these changes.
Please
check the terms before you
purchase.
You
should follow the instructions on the Website in order to place the Order. It is
your responsibility to make sure that the terms of the Order are complete and
accurate so please check these carefully and notify any errors as required before placing your Order.
Any
Orders you place are offers for the purchase of the Training Services on the
basis of these Terms.
ACCEPTANCE OF YOUR ORDER
When
you place your order with us, the legal contract between you and us will only
come into existence when we tell you that we can supply the services to you. Prior
to placing an order is to register for the coming course. You will receive a
confirmation email from us soon after and then you can move to payment.
On
receipt of an Order from you, we will issue an acknowledgement of the Order so
that you know that the Order has been received. This does not constitute
acceptance of the Order.
We
will confirm acceptance of an Order in writing, at which point our contract
with you for the supply of the Training Services in that Order shall come into
existence.
If
we cannot accept the Order, we will confirm this in writing to you and the
Order will not be processed any further. If we have already received payment
from you, we will promptly refund you.
Our
contract with you for the supply of the Training Services comprises the Order,
these Terms and anything else we expressly agree in writing (Contract).
The description
of the Training Services contained on the Website do not form part of the
Contract.
We
may amend the Training Services Specification as required by law, or to comply
with any relevant regulatory obligations.
Separate terms and conditions
apply to the use of the Website. Those terms and conditions can be found on Terms of Use.The
Contract is made in the English or Romanian language
only.
CHANGES
TO SERVICES
If
you would like to make a change to the services for which you have already
placed an order, please contact us as promptly as you can at contact@steps4growth.org.
We
will always be open to discuss with you whether the
change you would like to make is possible, and whether there are likely to be
any changes to price, times for delivery, any suspension period whilst any
changes are made, or any other consequences or changes arising from your
request.
If
your requested change is possible, we will ask you to confirm that you would
like to continue with the change, to ensure that we are both clear on how we
need to fulfil your request.
In
some circumstances, we may need to make minor changes to the services that you
ordered. As these are minor changes and will not affect your use of the
services, we will not usually contact you about these. These minor changes are
likely to be:
1. because we need update
the services to implement a change in the law or a regulatory requirement;
and/or
2. because we need to make
minor technical changes or enhancements that will not affect your use or
enjoyment of the services.
It
is possible that, exceptionally, we may need to make a more major change to the
services. If these exceptional circumstances arise in relation to an order that
you have placed with us, then we will contact you before we make the change to
let you know. If you do not want to proceed with the change, you’ll be entitled
to cancel the contract and the cancellation terms of these terms and conditions
will apply.
CHARGES
You
will pay the Charges for Training Services set out on the Website at the time
when you place the Order.
We
may charge amounts in addition to the Charges if you request any change to the
Training Services after the commencement of the Contract, if you fail promptly
to provide any instructions or Customer materials
required by us for the supply of the Training Services, or for any reason which
is due to any other act or omission of you.
We
reserve the right to change the Standard Services Charges by giving at least a one month’ written notice to you.
We
make all reasonable efforts to ensure that we do not make errors with the
prices that we charge you. For example, before we accept the Order, we usually
try to check the price against our price list in force at the time of the
Order. However, if an error has been made and the price in the price list is
lower than the price in the Order, then we will charge you the price on the
price list (being the lower amount) or we will provide a refund in respect of
such amount if you have already made payment. If an error has been made and the
price in the price list is higher than the price in the Order, we will contact
you to confirm how you would like to proceed and whether you would like to
proceed at the higher price or whether you wish to cancel the Order (in which
case we will promptly refund any payments already made by you).
INVOICING AND PAYMENT
You
will pay the Charges when you place your Order on the Website. We offer
two payment methods:
1. Your payment
will be automatically and securely processed by Netopia.
2. Bank
transfer: please let us know by email before you place an order on the Website.
You will
receive an invoice for the amount paid. Payment
shall be treated as made once we receive cleared funds.
All
registrations are secured on a first-come, first-served basis.
All
payments must be made by you without any deduction or set-off.
If
any amounts owed by you to us become overdue, then (without compromising any
other rights or remedies available to us), we:
1. may suspend the supply
of any further Services, and any services under any other contract between
us and you, until the overdue amounts are paid in full, and/or
2. may terminate the
Contract.
You
are responsible for all reasonable costs and expenses incurred by us in
relation to the recovery by us of any amounts owed to us by you.
CANCELLATION & REFUND
Cancellation
of a booking must be made a minimum of 21 business days prior to the service’s
start date (e.g. the first class of a coach training) to be eligible for a full
refund. Cancellations made less than 21 business days before the start date of
the service are not eligible for a full refund. In this case, a cancellation
fee of €170 will be applied.
Written
notice of cancellation shall be effective on the date the withdrawal is
received by the Steps4Growth. Refunds
will be made within 10 days following receipt of cancellation or withdrawal
requests.
SUPPLY
OF TRAINING SERVICES
We
shall use reasonable endeavours to meet any dates quoted for the supply and
completion of the Training Services, but any such dates are approximate only,
and time for the supply and completion of the Training Services shall not be of
the essence.
Either
party may request a change to the Services Specification. Any such change must
be agreed in writing by the parties, but neither party shall unreasonably
refuse its consent.
If
a change is requested, we will provide a written statement to you setting out:
1. its effect on the
Charges (up or down);
2. its effect on timing
under the Services Implementation Plan;
3. and any other impact of the
change.
WARRANTIES RELATING TO SERVICES
We
warrant to you that the Training Services will be supplied:
1. using reasonable care
and skill;
2. and in accordance with the
Services Specification in all material respects.
However,
due to the nature of coaching, mentoring and supervision, we do not guarantee
any particular results and all warranties and representations in that regard
are excluded to the fullest extent possible by law.
INTELLECTUAL PROPERTY RIGHTS
All
intellectual property rights arising out of the Services belong to us.
We
grant you a fully paid, worldwide, non-exclusive and irrevocable licence of the
intellectual property rights to the extent necessary for you to receive the
full benefit of the Services.
OBLIGATIONS OF CUSTOMER
You
will:
1. ensure that the Order
is complete and accurate,
2. comply with all
applicable laws and relevant regulatory obligations.
If
we are delayed or unable to fulfil any of our obligations under the Contract
due to any act or omission of you (Customer Failure), then we may rely
on such Customer Failure to relieve us from our obligations under the Contract.
To
the extent that the delay or inability to fulfil our obligations is due to the
Customer Failure, then without limiting or otherwise compromising any other
rights or remedies available to it, we:
1. may suspend the supply
of Services until you make good the Customer Failure;
2. shall not be liable for
any losses, costs or expenses which you suffer or incur because of any
delay or suspension which is attributable to the Customer’s Failure; and
3. may request immediate
payment by you of any losses, costs or expenses which we suffer or incur
because of the Customer Failure.
Any
right of suspension under this section is additional to any rights available to
us under the law of any relevant jurisdiction.
LIABILITY
We
are not liable to you for any indirect or consequential loss, any loss of
profits or any loss of business, whether arising from tort, breach of contract,
indemnity or otherwise under or in connection with the Contract.
Our
liability in respect of all claims, losses or damages of whatever nature,
whether arising from tort, breach of contract, indemnity or otherwise, under or
relating to, the Contract, shall not exceed the aggregate of the Charges paid
by you to us under the Contract.
Nothing
in the Contract shall exclude or limit either party’s liability for any death
or personal injury caused by negligence or for any other liability which cannot
be excluded or limited by law.
TERMINATION
Either
party may terminate the Contract, without liability to the other party, if that
other party’s business fails.
The
other party’s business will be treated for this purpose as having failed if:
1. the other party is or
appears to be unable to pay its debts as they fall due;
2. the other party makes
any voluntary arrangement with that other party’s creditors;
3. (being an individual or
firm) the other party becomes bankrupt;
4. (being a company) the
other party becomes subject to an administration order or goes into
liquidation;
5. any third party takes
possession of, or enforces rights over, any of other party’s property or
assets under any form of security;
6. the other party stops
or threatens to stop carrying on business;
7. the other party suffers
any process equivalent to any of these, in any jurisdiction; or
8. the terminating party
reasonably believes that any of the events mentioned above are about to
occur and the terminating party notifies the other party accordingly.
Without
compromising any other rights or remedies available to us, we may terminate the
Contract without any liability to you if:
1. you fail to pay any
amount under the Contract when due; or
2. you commit a material
breach of the Contract and fail to rectify the breach within 5 working
days.
Upon
termination of the Contract, however caused, and without compromising any other
rights or remedies available to us, you shall pay to us on demand:
1. all Charges and other
sums due but unpaid at the date of such demand; and
2. any Charges under any
invoice which we raise after termination, relating to any Services which
have been supplied prior to termination, but for which we had not yet
raised an invoice before termination.
Termination
or expiry of the Contract shall not affect any rights, remedies, obligations or
liabilities of the parties that have accrued up to the date of termination,
including the right to claim damages in respect of any breach of the Contract
which existed at or before the date of termination.
Any
term of the Contract, which is specifically stated to continue or which, by its
very nature, is intended to continue after termination of the Contract, shall
continue to bind the parties following termination or expiry of the Contract.
FORCE
MAJEURE
We
shall not be liable to you for any failure or delay in performing any of our
obligations to the extent that such failure or delay is caused by an event
beyond our reasonable control.
GENERAL
The
Contract represents the entire agreement between the parties in relation to the
subject matter and supersedes all previous agreements, representations or
understandings between the parties. The parties agree that they shall have no
rights or remedies in relation to any representation or warranty that is not
included in the Contract.
You
shall not assign, sub-contract, delegate, or otherwise transfer any of your
rights or obligations under the Contract without our prior written consent.
If
any provision of these Terms is held by a competent authority to be invalid or
unenforceable, in whole or in part, the validity of the other Terms and of the
remainder of the provision in question will not be affected. Every provision is
severable from every other.
No
single or partial exercise or failure or delay in exercising any right, power
or remedy by a party under the Contract, howsoever arising, shall operate as a
waiver by that party of, or impair or preclude any further exercise of that
right, power of remedy. To be valid and effective, any waiver must be in
writing.
Unless
otherwise expressly stated, nothing in the Contract will create or confer any
rights or other in favour of any person other than a party to the Contract.
Any
written notice under these Terms will be deemed to have been sufficiently
served if posted by pre-paid official post, couriered, faxed on receipt of
successful answer back, or if sent by e-mail (but in this case only on evidence
of successful transmission and only if the parties have regularly communicated
on contract matters by e-mail).
The Contract will be governed by the law of Romania,
and the parties submit to the exclusive jurisdiction of the Romanian
courts.