Commercial Company Speage s.r.o., Company Identification Number: 50998650, with its registered office at Pokroku 3, 040 11 Košice – City West, registered in the Commercial Register of the District Court Košice I, in the District: Sro, Vl. No .: 41922 / V, web: www.speage.com, e-mail: firstname.lastname@example.org, tel .: 0915 123 751 (hereinafter referred to as “Speage”) publishes the following Terms of Service for the Teacher Services:
I. Introductory provisions
II. Providing Teacher Services
III. Other Rights and Obligations of Lecturers and Students
IV. Final provisions
1.1. These Terms of Service (hereinafter referred to as the “Terms and Conditions”) 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, contractual relationship and 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 providing the Speage Services expresses their consent to the Terms and Conditions at the time of signing at the same time and agrees to comply with these Terms and Conditions in their entirety and without reservation.
1.3 These Terms constitute binding contractual arrangements between Speage and the Users in legal relationships that are subject to the provision of Speage Services. These Terms also represent binding contractual arrangements between the Users in relation to each other in the legal relationships in which the provision of the Teacher Services or related services and performance is involved.
1.4. In the event of Disagreement of the User with these Terms, the User does not have the right to provide or use the Services of the Lecturer and the Speage Services, otherwise the User will be subject to the following Terms and Rights and the resulting rights and obligations in full.
Providing Teacher Services
2.1. The Services of a Lecturer are authorized to provide a registered User who has the status of a Lecturer, has a valid User Account (account) and is authorized to provide the Teacher Services under the GTC and these Terms. The lecturer is entitled to the payment of the Student’s remuneration for the provision of his / her Services under the conditions specified in the Payment Terms.
2.2 The Services of a Lecturer are authorized to use a registered User who has the status of Student, has a valid User Account (account) and is authorized to use the Speage Services in accordance with the GTC and these Terms. The student undertakes to pay to the Lector remuneration for the use of the Teacher Services under the conditions specified in the Payment Terms.
2.3 For the provision of Speage Services, in particular for accessing the Speage platform to conclude a Contract for the Provision of Teacher Services, for making contact and communication between the Lecturer and the Student accessible and for making the User Content available, the Lector undertakes to pay Speage a refund according to the Payment Terms.
2.4 Users agree to abide by all the terms and instructions of Speage relating to the provision of the Teacher Services.
2.5. By establishing a User Account and selecting a Lecturer’s status, the User confirms that he / she has the interest under his / her own name, on his / her own responsibility and for the purpose of making a profit, to offer and provide the Student for remuneration of a foreign language communication service or foreign language teaching, and also an interest in concluding a Contract for Providing Teacher Services through the online Speage platform.
2.6 Once the user account has been established, the lecturer will fill out the model profile of the Lecturer available in his / her User Profile, in which he / she will truthfully and completely provide all marked data regarding his / her knowledge and experience of foreign language teaching and foreign language communication. In his User Profile, the Lecturer will also provide a detailed description of the Lector’s Services and provide the terms and conditions under which the Services will be provided. The lecturer will be able to edit his User Profile by entering the Authorization request to modify the entered data. When creating a User Profile and Terms of Service, the Lector commits to the following requirements:
– The lecturer will provide a detailed description and characteristics of the Services with a clear definition of their scope, target group designation, topic and content of the individual lessons of communication and lessons (hereafter “lesson” or “lesson”),
– The lecturer will outline the main goals and expected results of the provided Services and individual lessons,
– The lecturer must not create a User Profile or a description of the Teacher Services for the purpose of committing, misleading, misusing the rights of other Users, Speaking or third parties to provide services other than those listed in the Teacher Services description or to violate or circumvent the GBC and these Terms . It is expressly forbidden to offer, promote or provide the Teacher Services free of charge or for a fee that is inappropriate or in exchange for a positive reference by the User or for any non-monetary consideration.
2.7. Once the user account has been established, the student is entitled to search for information on the Lector’s profile and its User Content, selecting the Lecturer who will provide the Teacher Services to make a binding order with the Lector to provide services and to use the additional User Account functionality in connection with the Teacher Services.
2.8 Following a binding acknowledgment of the selection of the Teacher Services, the extent and timing of their provision, and rewards for their provision by the Student and the Lector in the form of Online Online (the award of the Lector’s Services Agreement), the Student undertakes to use the Lector’s Services to pay for the Lector’s remuneration The lecturer undertakes to provide the Student with the selected Lecturer Services in accordance with the Lector’s Terms of Service.
2.9 Speage is not a party to the Contract for the Provision of Teacher Services between the Student and the Lecturer. The lecturer provides his services independently and independently from Speage. By binding acknowledgment of the selected Lector’s Services, the Student enters the legal relationship directly with the selected Lecturer. Speage does not guarantee and assumes no responsibility for the quality, safety or legality of the Teacher Services offered, nor for the truthfulness, completeness or accuracy of information about the Teacher’s qualification, language skills, education, skills or experience with the Services offered, nor for the ability of Students to pay for the Services provided trainer. Unless otherwise stated in the Terms of Service, Speage does not guarantee and is not responsible for the proper provision of the Teacher Services nor for the settlement of claims arising from the contractual relationship between the Student and the Lecturer.
2.10 The trainer undertakes to comply with the following conditions when providing the Services of the Lecturer:
– use the online Speage platform to manage and coordinate Student requirements,
– respond promptly, within one business day, to any communication with Students and Speage concerning the provision of the Teacher Services and foreign language teaching,
– maintain and maintain records of the Services provided and any communication between the Lecturer and the Student, including information on the extent of the Teacher’s Services provided, their results, timeframe, agreed pay, references, feedback, schedule changes, availability, acceptance and termination of the individual lessons; . hours of teaching,
– to inform the Students of the availability of the Teacher Services provided and the expected time of response to the student’s request,
– inform Students of the unavailability of Teacher Services for more than 24 hours.
2.11 In the event that the Lecturer can not provide his / her Services at the originally advertised time and scope, he / she is obliged to inform the Student without delay, offer an explanation and propose an alternative term of the lesson. At the same time, the lecturer informs Speage about this fact.
2.12 Upon termination of Teacher Services, the Lecturer undertakes to provide students with useful, objective and balanced feedback and references. All payments and financial commitments between the Student and the Lecturer will be settled in accordance with the Payment Terms.
2.13 Any Student who is not satisfied with providing the Teacher Services is entitled to claim the Services provided directly with the Lecturer. The lecturer undertakes to inform Speage without delay.
2.14. A student who is a natural person and a Lecturer’s Services does not serve him to pursue a job, occupation or business or entrepreneurial activity (consumer) has the right to withdraw from the contractual relationship with the Lecturer in writing without giving any reason and without penalty within 14 days from the date of conclusion of the Contract Providing Lector’s Services. Withdrawal from the contract is without prejudice to the student’s obligation to pay reimbursement for services and renditions provided to him by the time of withdrawal. The student expressly agrees to begin the provision of the Teacher Services before the expiration of the statutory withdrawal period under Law no. 102/2014 Z. z. and declares that he has been duly instructed that the right to terminate the contract will be forfeited upon the granting of such consent after the full provision of the Services of the Lector. In the event of withdrawal, the Student is required to pay the Lector a proportionate share of the reward for the Services provided.
2.15 Users agree to resolve any conflicts or disagreements inherent in the Services provided by the Lector, preferably by mutually negotiating. This does not affect the right of any User to address the matter in court.
2.16 Speage is entitled to publish additional binding guidelines on its website for the provision and use of the Teacher Services. Users are required to follow such instructions in their current effective wording.
Other Rights and Obligations of Lecturers and Students
3.1. The lecturer undertakes to provide the Teacher Services properly, with professional care, in accordance with the principles of honest business relations, good morals and a high degree of satisfaction for the Students.
2.3 The lecturer agrees that any Student who, for the remuneration of his Service, can access his User Content, including teaching materials, solely for personal and non-commercial educational purposes.
3.3 The lecturer agrees to use and make available his User Content and information about the Services provided by the Lecturer for marketing, promotion, and advertising of Speage Services and online platforms in any medium. Speage is also entitled to use the name of the Lecturer as part of marketing, advertising, or promotions.
3.4. Users are required to respect the privacy and protected personal rights of other Users and are not authorized to interfere with the rights of other Users by unauthorized or abusive conduct, including misuse of judgment and feedback. Students undertake that their views and ratings will not be used to artificially increase or decrease the rating of Lecturers.
3.5. The instructor commits a serious violation of these Terms if:
– does not deliver any Service to which it has committed or if such Service is delivered with delay, defects or unsatisfactory quality,
– Provides Services in contravention of the information made available in its User Profile and in the Service Description,
– in the provision of the Services violates its contractual obligations,
– provides the Services in a way that leads to dissatisfaction with Students,
– will not make reasonable efforts to resolve the dispute with the Student,
– violates the Terms of Service, Privacy, or Confidential Information.
3.6. Speage reserves the right at any time at its sole discretion and without prior notice:
– suspend or cancel User access to its User Account,
– restrict, suspend or terminate the provision of the Teacher Services,
– Withhold any payments related to the Services provided by the Lecturer.
3.7. Users undertake to have contact between the Student and the Lecturer for the purpose of communicating in foreign languages or learning foreign languages during the 36 months since the first Teacher’s Service was provided to Student via the online Speage platform. The student agrees that if he / she searches, orders, or purchases Services from the same Lecturer he / she has taken advantage of the Services, he / she will do so exclusively using the online Speage platform. The lecturer undertakes to offer or provide services to the same Student who has already used his Services during that period solely by using the online Speage platform. In the event of a breach of this obligation, Student and Lecturer are obliged to pay Speage a joint and several contractual penalty equal to 100 times the total amount of remuneration to which Speage was entitled to provide Speage Services in connection with a contractual relationship between Student and Lector via the Speage platform during the last 12 months before the breach of that obligation; claiming Speage for damages is not affected by this.
3.8 Users are committed to maintaining the confidentiality of the information made available to other Users and third parties. Confidential information provided, transmitted, communicated or made available to the User on or in connection with the Services provided may be used solely for the purpose of providing the Services and in accordance with GTC and the laws governing the handling of such data. Users undertake to provide confidential information provided, transmitted, disclosed or made available on or in connection with the provision of the Services, to maintain confidentiality and to protect them from misuse, damage, destruction, deterioration, loss and misconduct, even after termination of a contractual relationship with Speage . The User is not entitled to provide, transmit, communicate, disclose, publish, publish, disseminate, denounce, or otherwise use confidential information other than for the purpose of providing the Services.
4.1. Speage is entitled to, at any time, unilaterally supplement and change these Terms with effect from the date of their publication on the Speage website at www.speage.com. For the User, these Terms are binding in their current effective language.
4.2. The rights and obligations arising from these Terms and Conditions are governed by the laws of the Slovak Republic, in particular 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 Teacher Services by another person.
4.4. These Terms shall take effect on: 1.8.2018