Commercial Company Speage s.r.o., Company Identification Number: 50998650, with its registered office at Pokroku 3, 040 11 Košice – West District, registered in the Commercial Register of the District Court Košice I, in the department: Sro, Vl. No .: 41922 / V, web: www.speage.com, e-mail: firstname.lastname@example.org, tel .: 0915 123 751 (hereinafter referred to as “Speage”) issues the following Payment Terms of Speage Services:
I. Introductory provisions
II. Implementation of payments
III. Other provisions
IV. Final provisions
1.1. These Terms of Payment (hereinafter referred to as the “Payment Terms”) form an integral part of the General Terms and Conditions governing the rights and obligations between Speage and Users who use or are interested in using the services defined in the General Terms and Conditions, based on establishment of mutual contact and communication between Users in a foreign language, respectively. in connection with the teaching of foreign languages and in making available User Content and User Profile information among Registered Users (hereinafter referred to as the “GTC”).
1.2. The user who is interested in using the Speage Services and the Services of the Lecturer expresses with his / her consent to the GTC at the time of signing also consent to these Payment Terms and undertakes to respect them in their entirety and without reservation.
1.3. These Payment Terms and conditions constitute legally binding contractual arrangements between Speage and the Users in legal relationships of which the subject is Speage Services. These Payment Terms also represent binding contractual arrangements between Users in legal relationships relating to the provision of the Lecturer Services or related services and the services provided through the online Speage platform.
1.4. In the event of the User´s disagreement with these Payment Terms, the User is not entitled to provide nor use the services of Lecturer and the Speage Services, otherwise the User will be subject to these Payment Terms and the resulting rights and obligations in full.
Implementation of Payments
2.1. Reward for the provisions of Lecturer Services
2.1.1 By virtue of the Lecturer’s Service Agreement, the Lecturer has the right to receive compensation for the provision of his / her services from the Student under the terms and conditions set out in the Agreement and these Payment Terms.
2.1.2 The student undertakes to pay to the Lector remuneration for the use of his services at the amount agreed upon by the Student upon the binding conclusion of the Contract for the Provision of Lector’s Services through the online Speage platform.
2.1.3 The current pricelist of the Lector’s Services, including the conditions under which the prices apply, is published in the Lector’s User Profile. Speage does not determine or control the amount of retribution for services provided by Lecturers.
2.1.4 The lender’s expense includes all costs associated with the provision of the Lector’s Services, including the costs of the Lecturer for the payment of the Repayment Fee (commission) within the meaning of point 2.2. of these Payment Terms.
2.1.5 Speage enables Lecturers to offer and provide services to Studemts through the online platform. Payment transactions to pay for the provision of the Lector’s Services are made between Student and Lector via Speage. The lecturer agrees to accept the payment of payments for the provision of his services through Speage.
2.1.6 The student is entitled to order the Lector’s Services via the Speage platform, in particular foreign language lessons or foreign speaking lessons. Order of lessons and subsequent purchase is done exclusively via the Speage platform, in published ways and sequence. Confirmation of making a binding order will be available to the Student from his User Account.
2.1.7 Reimbursements for the Lector’s Services will be made through Speage of the funds the Student has deposited into the Speage deposit (hereinafter referred to as “Deposit”). The student deposits a selected financial amount on the Speage account to receive the Deposit for the purpose of ordering the Lecturer’s lessons and arranging for financial relations with the Lecturer in accordance with these Payment Terms. The student acknowledges that Speage is not the Provider of the Teacher Services, but only the Intermediary of these services between the Student and the Lecturer. Speage is commissioned by the Teacher to take charge from Student for the Teacher Services. Tax documents relating to the Teacher Services provided are issued by the Lecturer as their provider.
2.1.8 The use of the Services is limited by the amount of the available balance of the Deposit deposited by the Student. The student will not be allowed to use the Services of the Lecturer if his account does not have enough credit to use the ordered services.
2.1.9 After the student has ordered the Lecturer’s lesson, he / she is required to take part in this lesson and pay the Lecturer’s agreed fee for the booked hour, unless otherwise specified in these Payment Terms.
2.1.10 The Order of the Teacher’s lesson becomes valid by confirmation of the order in the form of a click after signing in to the Student User Account on the Speage platform, provided that the Student Account’s Deposit has sufficient credit to pay the Lecturer’s fee for the ordered lesson or if the Student inserts funds for payment of the Lecturer’s remuneration for this hour immediately after placing the order.
2.1.11 Money from the Deposit will be paid to the Lecturers once a month via PayPal. The funds will be credited to the PayPal account of the lecturer based on the email address listed in the current User Profile of the Lecturer. If in point 2.1.12. of these Terms and Conditions is not stated otherwise, the funds of the Depositary will be credited to the bank account of the Lecturer after the ordered and finished Lecturer’s lessons at the amount of the reward agreed between the Student and the Lecturer. The reward will be lessen by the Speage remuneration within the meaning of point 2.2. of these Payment Terms.
2.1.12 After completing the ordered lecturer´s lesson, the Student will be prompted by the Speage platform to indicate one of the following options:
a) “Everything went well.” (marking the end of the lesson – so-called acceptance of the service);
b) “There was a problem.”
In the event that the Student does not mark any of the above mentioned options on the Speage platform within 7 days of the lesson, the lesson is considered to be accepted by the student without reservations.
By marking the lesson as ended (accepting the service), the Student confirms that the Lecturer Services were properly provided and at the same time agrees to pay the Lecturer’s remuneration and to release his / her resources from the Depositary.
If the Student marks option: “There was a problem.”, the Student will be entitled to ask the Lecturer to return the money for the lesson or to re-schedule the lesson. At the same time, the Student will describe the problem that occurred during the lesson and why he is requesting a refund or re-scheduling of the lesson to the Lecturer. (eg the Lecturer did not attend the lesson, the Lecturer disconnected after 10 minutes, etc.). The Lecturer is entitled to accept or reject the Student´s request.
In the event that the Lecturer refuses the Student´s request, Speage, based on the evaluation of available information, in particular mutual communication between Student and Lecturer, and their conversations in the Speage platform’s message system, will assess the dispute and propose a solution to the Users.. If Speage concludes that reimbursement of the lecturer´s fee is unjustified, the Student will not be charged for this lesson, otherwise the Lecturer will be entitled to receive remuneration for this lesson from the Student at the amount of Speage proprosed, at most 100% of the reward agreed between the Student and the Lecturer.
2.1.13 Speage will return the unused balance of the Deposit to the Student within 21 days of entering the Authorization Requirement by the Student through the Speage platform and settling all financial obligations between the Student and the Lecturer on Student´s bank account stated in current Student´s profile.
2.1.14 All fees charged to the Student by banking institutions or third parties in connection with the composition of the Deposit and the execution of related payment services are borne by the Student at his / her own expense and responsibility. The student is also solely responsible for any changes in the exchange rates that occur with regard to the composition and return of the Deposit or the execution of the payments.
2.1.15 Speage commits the funds deposited in the Deposit to be carefully cared for and handled in accordance with these Payment Terms. Speage is entitled to all interest, payments, and any other refunds on the bank account balance that arise due to a time discrepancy between the composition of the Deposit and the payment of the corresponding funds in accordance with these Payment Terms.
2.2 Remunaration of Speage
2.2.1 For mediating the conclusion of contractual relationship between the Lecturer and the Student, for the availability of the Speage platfomr and provision of other Speage Services spicified in GTC, Speage has a right to remuneration (hereinafter “commission”) from the Lecturer at the following amount:
– 10% of the remuneration agreed between the Student and the Lecturer, for each Lecturer’s hour.
If, following application of the procedure described in paragraph 2.1.12. of these Payment Terms will entitle the Lecturer to a lower refund from the Student as originally negotiated, Speage will be entitled to a commission at amount of 10% of the remunaration to which the Lector is entitled under 2.1.12. of these Payment Terms. If, as a result of the application of the procedure referred to in point 2.1.12. of these Payment Terms, the Lecturer is not entitled to a commission from the Lecturer for such services.
2.2.2 Commission within the meaning of point 2.2.1. of these Payment Terms, Speage will be paid out of the Deposit deposited by the Student, usually every quarter within 30 days after the expiration of the calendar quarter, by transfer to the Speage bank account or payment of the commission from the Deposit in cash. Based on a special agreement between Lecturer and Speage, the commission may also be paid to Speage for another period.
2.2.3 The lecturer undertakes to pay Speage a commission and agrees with the method of payment of the commission under these Payment Terms.
2.2.4 Upon payment of the commission, Speage issues to the Lector a tax document (invoice) in accordance with the generally binding legal regulations of the Slovak Republic. The lecturer expressly agrees that Speage will submit invoices made in accordance with these Payment Terms in electronic form. Speage will deliver the electronic invoice to the Lecturer at its contact email address in the User Profile.
3.1 The Lecturer undertakes to refrain from any action that might or could result in circumvention of these Payment Terms. In particular, the lecturer undertakes that:
– he will not propose, offer nor receive any payments from Students related to the Lector´s Services by any other means without Speage,
– in his User profile he will provide accurate, true and complete information about the prices charged for the providing the Lecturer´s Services,
– he will not state a different price for the provision of services in User Profile, User Content, in any other way through Speage platform or in any notifications addressed to Speage as was agreed with the Student.
In the event of any breach of any of the obligations under this point, the Lecturer is liable to pay Speage a contractual fine of 3 times the total amount of remuneration to which Speage was entitled to provide Speage Services in connection with the contractual relationship entered into between the Lecturer and the Students through the Speage platform during the last 12 months before the breach of this obligation; Speage´s claim for damages is not affected by this.
3.2 The lecturer understands that he is solely responsible for correctly determining his tax regime and fulfilling any of his tax obligations in relation to the provided Lector’s Services. The lecturer is also solely responsible for the correct payment of any taxes or fees to the competent authorities. Speage does not offer Lecturers or other Users any legal or tax advice.
3.3 Speage does not charge the User with any user registration fees, nor for the creation of a User Account and User Content.
3.4 Speage is entitled to have any claims against Users unilaterally offset against any User’s claims against Speage
4.1 Speage is entitled to supplement and change these Terms unilaterally with effect from the date of their publication on the Speage website www. speage.com. For the User, these Terms are binding in their current effective version.
4.2 The rights and obligations arising from these Terms and Conditions are governed by the laws of the Slovak Republic, in particular by the Commercial Code no. 513/1991 Coll. In the case where the User is a consumer within the meaning of Article 52 4 of the Civil Code no. 40/1964 Coll., The legal relationship is governed by the provisions of the Civil Code. Relevant mandatory provisions of the generally binding legal regulations of the Slovak Republic, which make it clear that their wording can not be departed, are not affected by these Terms. The courts of the Slovak Republic have jurisdiction to resolve disputes arising from this contractual relationship.
4.3 The User is solely responsible for any breach of these Terms, even if the breach occurs due to access to the User Account or the use of the Lecturer Services by another person.
4.4 This terms become effective on 1. 8. 2018.