IT Labs s.r.o. Business Terms and Conditions on Providing Long Distance Services.
Business company IT Labs s.r.o. with its seat at Kiarov 23, 991 06 Kiarov, Slovakia, identification number (IČO): 50 843 834, registered in the Business Register of the District Court Banská Bystrica, Section: Sro, Insertion No.: 31915/S, issues these business terms and conditions in order to regulate mutual rights and obligations between IT Labs s.r.o. as the Provider and a natural or legal person as the Client in relation to the Services provided through the website http://abapacademy.com/
All relations between the Provider and the Client which are not regulated by these business terms and conditions are governed by legal acts of the Slovak Republic as follows: respective provisions of the Act no. 513/1991 Coll. Commercial Code as amended, and Act no. 40/1964 Coll. Civil Code as amended.
Definition of Terms
- "Provider" means IT Labs s.r.o. with its seat at Kiarov 23, 991 06 Kiarov, Slovakia, identification number (IČO): 50 843 834, registered in the Business Register of the District Court Banská Bystrica, Section: Sro, Insertion No.: 31915/S.
- "Client" means a natural and/or legal person who will place an online Order through which a Service will be booked. In the order it is sufficient to specify email address, first name, last name, and postal address of the Client, or mobile phone number.
- "Website" means the Website operated by the Provider in order to provide Services - http://abapacademy.com/.
- "Service" means evaluation and assessment of tests provided on the Website, or execution of educational program through the Website, or sending files to the email address of the Client who is eligible to download them and handle them arbitrarily. Current offer of the Services is indicated on the Website in the valid Price List.
- "Price" means the Price for the Service indicated in the valid Price List available on the Website. The Client is bound to pay the Price in accordance with the Terms of Payment.
- "Price List" means the list of Prices for the Services available on the Website. Prices indicated next to particular products on the Website are also considered to be the Price List.
- "Order" means a sent online form, or sending a request in writing, via email or fax to the Provider using the Provider’s contact details stated on the Website which specifies the ordered Service. The Order is binding. Email address stated in the Order is considered to be the email address designated for communication with the Client and for delivery of the Service.
- "Terms of Payment" are payment instructions, maturity dates of the payment, and the final Price of the Service and under these terms the Provider shall provide the Service. On the Website there are stated possible methods of payment for the Service, especially via PayPal, using a credit card, or via text message to the mobile phone number stated on the Website.
- "Account" means the bank Account of the Provider, IBAN: SK39 8330 0000 0024 0122 1102, SWIFT/BIC: FIOZSKBAXXX as well as PayPal Account of the Provider.
- “Partner” means every legal or natural person who has reached the age of majority and has acquired full legal capacity, and who will fill in a questionnaire with request of registration via partnership platform.
- This website is not affiliated with, sponsored by, or approved by SAP AG
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Commencement of Contractual Relationship
- The Subject of the Contract is a Service specified in an Order or, in some cases, at the time of its acceptance.
- The Provider reserves right to reject an Order for any reason or even without stating a reason.
- The Provider has right to amend an Order and state it in confirmation of receiving and accepting the Order. The changes will result from the nature of the thing or from legal acts and provisions.
- The Provider is not liable for the delays in delivery of a Service, nor has the Provider liability for any damage incurred by insufficient details provided by the Client at registration or by filling in the registration form wrongly. The Provider is not responsible for any damage caused by the Client having forgotten his/her password or/and the password having been disclosed to unauthorized people if the Provider has not been involved in the case of disclosure.
- In regard to the nature of the provided Services, it is not possible to cancel or withdraw an Order, since results of the test are delivered to the Client immediately after the Payment has been paid according to the Price List and, also, the Client will receive an ordered Service via email provided by him/her immediately after the Payment has been paid according to the Price List.
Terms of Payment
- The Client is bound to pay 100% of the Price immediately without any delay on the Account when placing an Order, i.e. before actual providing of the Service. The Provider is bound to provide the Service only after the Payment has been done. If the Client does not pay the Price within 3 days of placing the Order, the Contract is considered to be withdrawn from the side of the Client and it is acknowledged that the Client does not require the provision of the ordered Service.
- The Price is considered to be paid when it is credit the Account of the Provider, or when a text message is sent to the phone number stated by the Provider.
- The Client is aware that till the day of paying 100% of the Price, the Provider is not bound to start processing of providing the ordered Service and the term for processing the Order and providing the Service do not start.
- The Provider is entitled to receive the Payment from the Client and this entitlement arises when the Client sends an Order.
- The Provider has right to cancel the Contract for the reason of fundamental breaching the Contract if the Client is more than seven days in delay with Payment of any part of the Price.
- The Client has right to choose any method of Payment allowed by the Provider. Methods of Payment allowed by the Provider are stated on the Website.
Personal Data Processing
- The Client and the Partner agree with their personal data processing by the Provider in accordance with the respective laws, mainly Act. no. 428/2002 Coll., starting from the day of the registration on the Website for an indefinite period of time. This relates to all the details provided by the Client or the Partner and details required by the Provider.
- Processing of personal data within an Order is necessary in order to perform the Contract.
- During the time of providing Service the Client or the Partner hold responsibility for keeping all their personal/identification data up to date.
Liability for Damages
- The Provider predicted or could predict damage on the side of the Client or on the side of the Partner in the amount of 0 EUR or other currency at the time of commencement of the contractual relationship and with regard to the circumstances and facts which were or should have been known during the time of signing the Contract. Responsibility of the Provider for damage related to Service providing as well as responsibility of the Provider for lost profit is eliminated.
- In case the ordered Service has not been provided due to a exclusive fault on the side of the Provider, the Provider will return payed Price to the Client.
- The Provider uses data provided by the Client and the Provider is not bound to verify them. The Client holds full responsibility for accuracy of the data and details provided. If the Client fails to provide accurate details, he/she is required to pay the costs and damages incurred to the Provider.
- The Provider is the owner of all copyrights associated with the Services of the company. Considering the tests and their use, the Provider is the owner of their license in the way they are used on the Website. Neither a Client nor a Partner is allowed to distribute the Services provided by the Provider further (e.g., video, email attachments including cards or other images) under any circumstances and in any way. Such an unauthorized use and duplication will be punished and penalized.
Special Rules for Partnership
- The Provider gives anyone an opportunity to participate in the Website promotion through placing ABAP Academy link or banners on other websites, or into personal emails, or posting these references to Facebook, or to other social networks.
- The Partner can claim commission if a Client orders a Service with the Provider and the Service is paid for within 30 days from viewing the advertisement by the Partner and if the Client was motivated to use the Service thanks to the advertisement by the Partner. In case of doubts the Partner must prove his/her claim for commission.
- The amount of commission is determined by percentage dependent on the Price of the Service ordered by the Client provably recommended by the Partner in case the Price was paid in full. The amount of commission will be calculated in following ways:
- a) If the full amount paid in one calendar month by all Clients provably recommended by the same Partner is 0-150 EUR, commission will be 10% from the full amount paid for the Services by all Clients recommended by the one Partner.
- b) If the full amount paid in one calendar month by all Clients provably recommended by the same Partner is 151-500 EUR, commission will be 15% from the full amount paid for the Services by all Clients recommended by one Partner.
- c) If the full amount paid in one calendar month by all Clients provably recommended by the same Partner is more than 500 EUR, commission will be 20% from the full amount paid for the Services by all Clients recommended by one Partner.
- The percentage amount (10%, 15%, 20%) of commission for the Partner will be calculated on monthly basis i.e., each month separately.
- Claim of the Partner for commission payment arises only after having collected minimum of 10 EUR on commission and it is done on the basis of the explicit written request by the Partner. Provision is paid always only during the first week of a month and only after the Partner has sent an email request to the Provider the latest on the last day of the previous month during which the Partner’s claim for commission arose. Payment of provision is transferred through PayPal in EUR or USD currency. In the Slovak Republic there is a possibility to have the Payment transferred through Slovak bank, if the Partner’s account is in a bank administered in the territory of the Slovak Republic. All the transaction charges for PayPal or bank transfers are to be borne by the Partner to full extent. The Partner states in the written request the desired way of commission payment.
- Advertising space, a web link, or a banner cannot be placed on websites of which contents are in conflict with law, or good manners. They cannot be placed on websites of pornographic nature, or on websites of which primary purpose is advertising. They also cannot be placed on websites which are dedicated to extreme left-wing or right-wing opinion propagation, or on websites which can, in any way, harm the reputation of the Provider.
- The Provider has right to liquidate an Account of any Partner at any time without providing any reason and thus terminate cooperation with this Partner.
- The Provider has right to change the amount of commission and conditions of granting commission as well as price levels of ordered Services unilaterally at any time.
- Number of commissions is unlimited.
- Commencement of contractual relationship between the Provider and a Partner is done online, remotely via the Website. The Provider accepts proposal of the Partner through sending an acceptance email or a text message.
Special Rules for Donations
- Natural and legal persons are eligible to donate financial gifts to the Provider, whereby the Provider will use these donations for development of projects in the sphere of emotional intelligence. The Provider will be posting information about the amount of donations and their utilization on the Website.
- Natural and legal persons are eligible to donate financial gifts to the Provider without any specific purpose stated.
Termination of the Contract
- The Contract is terminated by withdrawing in terms of business conditions, or by an agreement of both sides about settle out of mutual rights and entitlements.
- The Contract is terminated by withdrawing from reasons stated in legal acts or reasons stated in the Contract from the side of the Provider.
- Considering the nature of the Services provided, the Client is not allowed to withdraw the Contract. The Provider provides Services which are irreversible (i.e., cards sent to the email of the Client, which can be printed out by the Client himself/herself, or results of the tests done by the Clients on the Website). In order to remove all the doubts and avoid confusion, it is stated that the Provider does not sell goods.
- The Contract is considered signed on the day the Provider receives the Order.
- Business conditions as amended on the day of signing the Contract are part of the Contract as well.
- The Contract is administered by the law and legal provisions of the Slovak Republic and provisions of Slovak Commercial Code are applicable mutatis mutandis.
- In case of conflicts arising between the parties of the contractual relationship built on the basis of the Website the court of the Slovak Republic has jurisdiction to deal with them.
- The Client proclaims that he/she regularly acquaints himself/herself with information and details provided by the Provider on the Website, mainly with Service description, Price List, and these business terms and conditions, which can be updated by the Provider.
- Written documents sent to the Client by the Provider are delivered mainly via email, or via text message, or, if needed, via mail using the address of the Client as stated in the Order. In case of using mail, the consignment is considered to be delivered after 10 days from its sending have elapsed, in case of using fax, the delivery is considered to be accomplished by printing confirmation of fax transmission and in case of using email by sending the email regardless of the fact if the Client has know about it.
- These business terms and conditions become effective on 29.04.2017