GENERAL TERMS AND CONDITIONS
for the subscription based services of NetAcademia
1. PARTICULARS OF THE SERVICE PROVIDER
Operator of the netacademia.hu website:
Company name: NetAcademia Oktatóközpont Korlátolt Felelősségű Társaság
Registered seat: 1075 Budapest, Kazinczy utca 24-26
Tax number: 13702355-2-42
Company registration number: 01-09-868776
Registered with: Court of Registration of the Budapest Court of Justice (Fővárosi Törvényszék Cégbírósága)
Electronic mail address: email@example.com
Telephone number: +36212525556
2. GENERAL PRESENTATION OF THE SERVICE
NetAcademia is an educational institution that provides training in classrooms and online and is engaged in the further development of IT-specialists. The traditional categories covered by NetAcademia include IT security, corporate and programmer studies. Our courses are based on syllabi elaborated by our tutors specifically in view of the methodology of online education.
By placing and confirming an order via the website an electronically concluded agreement is entered into subject to the provisions set forth in these General Terms and Conditions (“GTC”) by and between Netacadémia Oktatóközpont Kft. (hereinafter referred to as: “Service provider”) and the Buyer/Student (hereinafter referred to as: “Subscriber”), taking use of the subscription based service defined in this agreement. Service Provider and Subscriber are hereinafter referred to as: “Parties”.
These GTC are to lay down the rules relating to the subscription based service (hereinafter referred to as: Subscription) by and between the Parties as well as the rights and obligations of the Parties. By agreeing to these GTC the Subscriber accepts and agrees to be bound by the requirements for participation and other criteria and rules.
The Subscriber warrants that where he or she purchases subscriptions for multiple persons he or she will have the provisions of these GTC complied with by each and every person he or she provides with access.
The contracting language shall be Hungarian and the agreement shall be governed by the laws of Hungary.
The contract day shall be the day the order is confirmed by Service Provider to the Subscriber.
3. THE PURPORT AND TERMS OF THE SUBSCRIPTION
The purport of the Subscription
Depending on which subscription package it has purchased, the Subscriber shall have unlimited access to the courses presented on the website regardless of whether they are for participation in live online sessions, sessions in classrooms or watching videos. He or she will also have access to archived courses, available in video format via the website. The Subscriber shall become familiar with the precise purport of the subscription purchased (see www.netacademia.hu)
The subscription period for all fully priced packages shall last either 12 months between specific dates or for such a period as has been announced in a specific promotion. The Subscriber acknowledges and understands that after the expiry date of the subscription period (unless he or she prolongs the subscription) he or she will be charged the list prices of courses for its course registrations.
The subscription is always for a single person and it is forbidden to share the access with other persons. Sharing with other persons is understood to mean the propagation, forwarding and uploading to file sharing websites of course materials, videos, downloadable documents, e-books and other materials connected with the activity as well as the transfer of login information, that is, the facilitation for other persons to use the Subscriber’s register user account to participate in the courses whether in classrooms or online.
The subscription requires registration.
In the registration process the Subscriber shall provide a valid e-mail address and select a username and password.
It is compulsory to provide in the registration process such personal details as are required for the provision of the service and billing. Details to be provided on a compulsory basis will be marked by the system with the symbol * and the registration will not be accepted unless they have been provided.
After the registration, the Service Provider shall send its electronic confirmation of Subscriber’s successful registration to the e-mail address provided in the registration process. The confirmation of the registration shall include the e-mail address provided by the Subscriber, the name and password of the Subscriber and the fact that the registration has been accepted.
After the registration, the Subscriber can log in by entering the e-mail address or the name of and the password selected by the Subscriber.
The Subscriber may amend his or her personal information provided in the registration process. The Subscriber shall be responsible for failing to amend his or her obligatory information according to the changes therein and for the resulting inability to take use of the service.
If the Subscriber forgets his or her password, he or she will be able to ask the Service Provider to send a new password to his or her e-mail address provided in the registration process. The new password will be suitable for a single login whereupon the Subscriber may change it to a password of his or her selection.
The Service Provider reserves the right to decline the registration when it is justified or to withdraw it at any time temporarily or permanently, in particular when
- false or incomplete data have been provided
- the provisions of these GTC have been infringed upon or the personal data of the copyright holders and/or other Subscribers, the system of the Service or the products have been abused in any way.
The Subscriber shall be informed by the Service provider of the reason of declination or withdrawal in an e-mail message.
Venue and physical requisites of training session.
All our courses can be tracked and the recordings thereof can be viewed online. Classroom seats are also available in certain trainings – the possibility of which is determined by NetAcademia – and where the possibility exists, the option “Classroom seat” shall be indicated on the application form. NetAcademia shall provide the physical requisites for the realization of the training conducted here, namely: teaching aids, equipment, demonstration tools and genuine software products. The Subscriber can mark on the course registration interface whether he or she applies for an online or classroom course and it is also where we indicate if there are no more classroom seats available.
With participation online, the provision of physical requites for attending the course falls within the scope of the Subscriber’s responsibility. The Subscriber shall be informed by NetAcademia of the physical requisites required for the courses either on the page of the particular course or by a separate electronic mail.
The Subscriber acknowledges and understands that he or she will have the possibility to reserve a single classroom seat at a time, which means that only one seat is available to him or her for choosing among the courses at his or her discretion. Should he or she have reserved a classroom seat for a course, he or she shall not reserve any classroom seats but after the commencement of the particular course.
Course dates. When applying, the Subscriber may choose one of the training dates published by NetAcademia in the dropdown date selection menu on the online application interface. NetAcademia reserves the right to change the starting dates or the training times published on the website. When the date or time is changed, NetAcademia shall notify by electronic mail the students enrolled for the particular date or time.
NetAcademia shall do its best in trying to organise the courses announced. The status “In preparation” of a course will guarantee that the date and the syllabi for the course are as stable as possible and the least possible amendments need to be made subsequently.
Test verifying online attendance. A set of test questions will be available for certain courses to verify online attendance and it can be downloaded once by each user free of charge. The number of courses with test questions is growing continually and is shown on the website.
Online administration. NetAcademia administers the whole ordering process on its online interface. The Subscriber shall obtain preliminary information on the details of ordering via the website by reading the constantly updates FAQ. If the Subscriber cannot do without a paper based order, he or she shall communicate his or her relevant request to his or her contact person or by writing to the firstname.lastname@example.org address. Orders placed via the website of NetAcademia will be considered genuine, therefore in addition to the paper based order the online interface will have to be filled in, too.
The ordering interface allows for the purchase of multiple subscriptions as well.
We do not assume any liability for dame or losses arising out of the theft of online identity (name + password).
Activation of 12-month subscriptions. The Subscriber acknowledges and understands that his or her subscription right can be activated upon receipt of the consideration for the service and of the invoice (also in case of preliminary invoices). This shall be indicated by NetAcademia in an informative activation letter to the Subscriber with all other things to do. The Subscriber acknowledges and understands that he or she will also receive an activation letter simultaneously with the electronically sent bill and the subscription can be activated by clicking on the link in the activation letter. 6 months from the receipt of the letter will be available to activate via the link and when they expire, the subscription will be activated automatically. Activation of other subscriptions purchased via promotion will be carried out in accordance with the specific announcement.
Transfer of the subscription right. The Subscriber shall have the right to amend the beneficiary of the subscription and transfer the right to another person. This can be done once free of charge. For each additional instance of transfer, NetAcademia will charge HUF30,000.- + VAT processing fee. Request about the transfer shall be sent in writing to the email@example.com e-mail address.
Informing. NetAcademia undertakes to keep the Subscriber fully informed during the ordering process and during the use of the Service. The Subscriber shall receive the following informative electronic messages in connection with the order: confirmation letters on the purchase of subscription and on applications for courses, message containing debit note and the relevant notices, activation letter, letter on the start of the course and letter on the postponement of the course. The responsibilities of the Subscriber include the constant monitoring of his or her e-mail account used for correspondence as the above messages will arrive in the address provided. Should the relevant letters fail to be received by the Subscriber due to the restrictions of the mailing system or for other reasons, he or she may use the firstname.lastname@example.org e-mail address to ask for the resending thereof.
4. PAYMENT OF THE SERVICE FEES
Guaranteed price. NetAcademia guarantees that it shall not change the service prices defined in the course orders and the ordered and signed contracts for the contracting party during the contractual period.
Where the prices of subscriptions and courses purchased online (pertaining to orders placed via the website), purchaser shall be charged the price applicable at the time of the order whereof he or she will receive a debit note.
Billing terms. After the NetAcademia will send a debit note as e-mail attachment to the Subscriber. After payment in accordance with the terms stated therein and upon receipt of the consideration for the service NetAcademia shall make out an invoice and send same in an electronic mail to the Subscriber.
The Subscriber may indicate separately on the order interface his or her need for a preliminary invoice and show in the comments field his or her requirements relating to the invoice (due date, other requests).
Should the Subscriber be able to accept debit notes or invoices in a way other than stated above, he or she shall notify NetAcademia in an electronic mail (sent to his or her contact person’s address or to the address email@example.com) of his or her request for a different procedure.
To request amendment of the invoice made out after the order, the Subscriber shall have up to 20 days from the date of the invoice.
Late payment. Failure to pay by the due date shall constitute a defective performance by the Subscriber, therefore the costs of collecting the invoiced amount shall be borne by the Subscriber.
5. QUALITY, GUARANTY
NetAcademia shall proceed with the care of training organising and educational service providing professionals sand perform the educational at the professional level expected according to the contract. The professional level expected according to this contract is the highest professionally expected level in view of the fact that NetAcademia can be regarded as a enterprise with many years of experience and well versed in performing educational services aligned with the educational syllabi. In performing the service, NetAcademia shall represent the interests of the Subscriber as best as it can.
NetAcademia does not assume guaranty for unsuccessful training arising out of the professional unpreparedness of the students. Furthermore, it shall not be held responsible for the success of the training, that is, for that the participants will efficiently and effectively learn the lectures and thereby they will be able to perform work independently and without errors, using the results of the education or to obtain any desired qualification by taking official examinations; as this depends greatly not on the quality of the education but on the motivation, capabilities and attitude of the participant.
6. RIGHT OF USE
Course materials, videos and downloadable documents, e-books (“The works”) displayed on the website and published by or on behalf of the Service Provider are under copyright protection with NetAcademia Oktatóközpont Kft being the respective copyright holder.
The Subscriber will obtain a non-exclusive right to view the Works on demand and use them for private purposes.
The Works shall not be viewed by the Subscriber but via the website and they shall not be downloaded or uploaded to the Internet, neither shall they be disclosed to the public by way of the internet or other suitable technology, nor shall they be distributed or shared via file exchanging networks or on websites serving such purposes.
The Subscriber shall not propagate, rework, re-digitalize or distribute the Works and he or she shall not have the right to use them for any other purpose than he or she is entitled to use lawfully within the framework of private and free usage pursuant to the legal regulations in force.
The Subscriber acknowledges and understands that his or her unlawful conduct that infringes upon the provisions of this clause will give rise to legal actions taken or damages claimed against him or her by the Service Provider and the beneficiary copyright holders of the Works and in the event he or she causes pecuniary loss by the infringement of rights, he or she may be subject to accountability under the criminal law.
7. SECURITY RULES OF THE SERVICE PROVIDER, CONDITIONS OF THE OPERATION OF THE WEBSITE AND WARNINGS
The Service Provider represents and warrants that it shall perform the service paid for by the Subscriber irrespectively of the accessibility and functioning of the website.
The secure and safe accessibility of the service depends on the proper functioning and availability of a number of conditions, such as the proper functioning of the software and hardware products, the availability of the hosting service provider. The Service Provider cannot guarantee the non-stop (uninterrupted) functioning of the website, although it will do everything it can to avoid the eventual errors.
The Service Provider shall have the right to pause the accessibility of the service in order to carry out maintenance work on the website. In such cases it will do its best to make the service accessible again as soon as possible but it will not guarantee any time for the recovery. The Service Provider shall call in advance the attention of the Subscribers to any scheduled shutdown.
The Service Provider does not assume any responsibility for any losses arising out of the eventual shutdown of the website. It is in the mutual interest of the parties to eliminate such losses, so the Service Provider will endeavour to provide the service continuously.
Service Provider expressly rules out the responsibility for any damage and/or losses arising out of access to the website and the information, documentation or other written materials or out of the indirect or direct utilisation thereof and the unsuitability for use or inadequate functioning as well as deficiencies, eventual breakdown or misunderstanding of the website.
The Service Provider shall take all expected measures to ensure security of the website, the use of the Service and the secure handling of personal information provided by the Subscriber. However, the Subscriber shall acknowledge and understand that absolute security cannot yet be guaranteed in the field of information technologies and that no responsibility can be taken for the undisturbed and reliable functioning of all services and features. Commensurate with this all, the Service Provider shall not be responsible for any technical or security related disorder or errors occurring during the provision of the service the occurrence of which has not been predictable or in respect the prevention or remedy of which the Service Provider has taken all generally expected measures.
Compliance by the Subscribers with security requirements
The Subscriber shall not breach or attempt to breach the security of this website, including in particular:
(a) by accessing data that are not intended for the Subscriber or by logging in on a server or by an id that are not authorised for the Subscriber;
(b) by attempting to examine, spy into or test the vulnerability of the system or the network or to get round the security or authorisation checking measures of the system without proper authorisation.
The Subscriber acknowledges and understands that the above conduct may give rise to well-founded suspicion of criminal act and the detection by the Service Provider of such act having been committed will imply criminal charges.
The Subscriber acknowledges and understands that he or she shall be liable to compensate for any damage he or she has caused by violating the security rules stipulated in these GTC, in particular by making accessible to third persons his or her log in information required to access the Service and making it possible this way for non-registered persons to take use of the Service on behalf of the Subscriber.
The Service Provider acknowledges and understands that the trade secrets of the Subscriber are constituted by any and all data, facts, information, etc. (hereinafter referred to as: data) revealed during the provision of trainings in relation to the activities of the other party, the publication or the acquisition or use by unauthorised persons of which would infringe upon or jeopardise the lawful financial, economic or security interests of the beneficiary and which do not qualify as different types of confidential information under the law.
The Service Provider shall handle any secrets brought to its knowledge by observing the relevant legal regulations and the provisions of these GTC.
Within the scope of its confidentiality obligation the Service Provider shall neither make available nor transfer to unauthorised persons nor publish the data brought to its knowledge.
The Service Provider acknowledges and understands that the confidentiality obligation undertaken by it will be extended also to such persons as it involves in performing the contract (the trainers). The Service Provider shall call the attention of such persons to the confidentiality obligation set forth in the contract and to the observance thereof while being obligated to verify its execution for the Subscriber at any time.
The confidentiality obligation shall exist without limitation by time unless otherwise provided for in any cogent law. Exception from confidentiality is constituted where a Party discloses any of the abovementioned data in order to fulfil its obligation stipulated by law.
9. DATA PROTECTION
Personal information shared on the website shall be governed by the provisions in the Privacy Statement.
10. RIGHT TO ABANDON
Service Provider’s right to abandon
If the transfer is not carried out by the Subscriber by the due date shown on the invoice, the Service Provider shall have the right to abandon the contract.
The Subscriber’s right to abandon
The Subscriber shall have the right to abandon the contract without explanation within 14 days of the conclusion thereof. In the event the performance of the contract has begun for a contract on service provision, the Subscriber shall have the right to terminate the contract without explanation within 14 days.
The Subscriber may exercise his or her right to abandon or terminate the contract within fourteen days from the contract date in respect of a contract on the provision of services.
The right to abandon/terminate the contract shall be deemed to be exercised by the Subscriber within the deadline if, before the expiration of the above deadline, he or she sends by mail, telefax or electronic mail to the above address his or her unambiguous declaration on his or her intention to abandon/terminate the contract. For this purpose the Subscriber may use the sample declaration on abandonment/termination provided in Annex 2 to Government Decree “45/2014. Korm.”.
In case of abandonment, the Service Provider shall refund the full amount paid by the Subscriber as consideration within 14 days upon being informed of such abandonment.
If the Subscriber terminates the contract after the commencement of performance, the amount to be paid proportionally by the Subscriber shall be calculated in the accounting process on the basis of the full amount of consideration stipulated in the contract as increased by the respective tax. However, if the Subscriber proves that the full amount is too high, the proportionate amount shall be calculated on the basis of the market value of the services performed up to the termination date of the contract.
If the contract is aimed at the provision of services and the right to terminate is exercised by the Subscriber after the commencement of performance, in the accounting process it shall reimburse its reasonable costs to the Service Provider.
The Subscriber shall not exercise its right to abandon the contract after the whole service has been performed if the performance has been commenced by the Service Provider with the express prior consent by the Subscriber and if the Subscriber has acknowledged and understood that he or she will lose his or her right to terminate the contract after the whole service has been performed.
The Subscriber shall not be entitled to have the right to abandon the contract pursuant to section 29 paragraph (1) item m) of Government Decree “45/2014. (II.26.) Korm. in respect of digital data provided via non-physical data carrier where the company has commenced performance with the Subscriber’s express prior consent and the Subscriber has declared simultaneously with his or her consent that he or she acknowledges and understands that he or she will lose its right to abandon the contract within fourteen days after the performance has been commenced.
The Subscriber shall not have the right to abandon the contract in respect of the Service pursuant to a confirmed Subscription.
In view of such circumstances whereby
- the courses and the Works accessible by way of Subscription are considered to be digital data provided on a non-physical data carrier,
- the Service Provider shall confirm the purchase pursuant to the consent expressed by The Subscriber in the ordering process and it shall provide specific access to ensure the viewing of the Works, and
- the Subscriber declares simultaneously with the order that he or she acknowledges and understands that he or she loses his or right to abandon the contract.
The activation of the Service shall be regarded as performance by the Service Provider, therefore the Subscriber shall not have the right to abandon or terminate the contract upon such activation.
In case of defective performance by the Service Provider, the Subscriber may choose pursuant to its implied warranty claim
- to demand repair or replacement except where it is impossible to provide the chosen implied warranty or it would cause disproportionate extra costs to be incurred by the Service Provider as compared to the fulfilment of another implied warranty claim, taking into consideration the value represented by an immaculate service, the weight of the breach of contract and the damage caused by fulfilling the implied warranty right to the interests of the Subscriber; or
- to reduce proportionately the consideration or to repair or to have the defect repaired by someone else at the expense of the Service Provider or to abandon the contract if the Service Provider has not undertaken to make the repair or the replacement or it is not able to fulfil its obligation or if the Subscriber has ceased to have an interest in the repair or replacement.
The Subscriber shall notify about the defect immediately but not later than in two months upon the detection thereof. By this information to him or her, the Service Provider calls the Subscriber’s attention to the fact that he or she will no longer be able to assert his or her implied warranty rights beyond two years of limitation reckoned from the performance of the service. The Subscriber may assert his or her implied warranty claim directly with the Service Provider. Within six months reckoned from the performance the assertion of the implied warranty claim of the Subscriber shall not be subject to other condition than the notification about the defect if he or she certifies that the service has been provided by the Service Provider. After the expiration of six months reckoned from performance the Subscriber shall prove that the defect revealed by him or her already existed as of the date of performance.
Product warranties, guarantee
The Service Provider is not obligated to and, pursuant to the provisions of Act V of 2013 (Civil Code) does not assume product warranty or guarantee for the services provided by it.
The Service Provider does not assume any responsibility for information, contents and services provided by third parties on the website. By using the website, the Subscriber acknowledges to do so solely at its own responsibility. The Service Provider does not assume any responsibility for any damage occurring/suffered in the Subscriber’s computer or otherwise in connection with the use of the website. The Service Provider excludes any and all responsibility arising out of the use of or possible error in the service or out of the incompatibility with any program running on the Subscriber’s computer or due to the any Internet virus.
12. REPORTING AND HANDLING OF COMPLAINTS
Should the Subscriber have any comments or complaints in relation to the operation of the website or to the information provided thereon or to the Service, it may notify the Service Provider thereof using the following contact information.
Contact information of principal customer service:
Postal address: 1075 Budapest, Kazinczy u. 24-26. C/2 (Building C Floor 2.)
13. ASSERTING RIGHTS AND DISPUTE RESOLUTION
Where the objections made by the Subscriber in relation to the subject of the service cannot be remedied in the complaint processing procedure and, furthermore, the other disputed issues raised by the Subscriber fail to b sizzled in the negotiations between the Parties, the Subscriber shall have the right to avail himself or herself of the following forums and tools for the assertion of its rights.
The methods and basic rules of amicable dispute resolution between the Subscriber as consumer and the Service Provider as contractor are provided for in Directive 2013/11/EU of the European Parliament and of the Council. The Online Dispute Resolution Platform on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU, operated by the European Commission is designated by the directive as the primary dispute resolution forum for products and services purchased online.
Mediation board: aiming to resolve out of court in an amicable manner any consumer dispute relating to the quality, security of the products and services and to the application of the rules on product liability as well as to the conclusion and performance of contracts, the Subscriber may initiate an action with the mediation board having competence in its place of residence or stay or it may apply to the mediation board attached to the chamber of trade having competence for the registered seat of the Service provider. For the purposes of the application of the rules on the mediation board, Consumer shall be understood to mean natural persons as end users as well as any such civil organisation, church, condominium, building society, micro, small and medium enterprise under a separate law as purchases, orders, receives, uses, consumes goods and services or is the addressee of commercial communication or offer in connection with the goods or service.
Contact information of the Budapest Mediation Board (Budapesti Békéltető Testület):
Address: 1016 Budapest, Krisztina krt. 99. Floor III suite 310.
Mailing address: 1253 Budapest, Pf.: 10.
E-mail address: firstname.lastname@example.org
Principal telephone number: +36 1 488 2186
Fax: +36 1 488 2131
Complaint to the consumer protection authorities. Should Subscriber experience any infringement upon its consumer rights, it will have the right to submit its complaint to the consumer protection authority competent for its place of residence. Upon considering the complaint the authority shall decide whether to conduct the consumer protection procedure.
14. MISCELLANEOUS PROVISIONS
The Parties shall endeavour to solve any legal dispute arising out of the agreement by amicable reconciliation between them.
Should no result be reached in resolving the legal dispute out of court, the Parties agree to submit the case for judgment to the exclusive jurisdiction of the Central District Court of Pest (Pesti Központi Kerületi Bíróság) and the Budapest Court of Justice (Fővárosi Törvényszék) respectively.
15. GTC SCOPE
The scope of these GTC covers the Service Provider and the Subscribers. The GTC do not apply to the financial institution involved in the payment.
Legal relationship between the Service Provider and the Subscriber shall be established when the order has been finalised by the Subscriber and as a part thereof Subscriber agrees to these GTC for the service and the order has been confirmed electronically by the Service Provider to the Subscriber.
The effective date of the valid text of the GTC shall be the date presented as such on the website. The GTC shall be available to the Subscriber also in a format that can be saved and printed.
These GTC shall apply for an indefinite period of time.
The Service Provider reserves the right to amend these GTC. When the GTC are amended, pending orders shall be subject to the provisions of the General Terms and Conditions applicable as of the date of the order.
When the GTC are amended, the Service Provide shall notify the Subscriber by e-mail accordingly at least 8 (eight) days prior to the effective date of such amendment.