Terms & Conditions

Conclusion of contract

1. The contract is concluded as soon as EVOLANGUAGE has received the customer’s registration for the language course or an exam. The registration can be made via the EVOLANGUAGE web portal or by personal signature of any kind of teaching contracts provided by EVOLANGUAGE in the teaching office or by sending the contract via e-mail or fax.

2. By registering, the conditions of participation and the General Terms and Conditions (GTCs) are recognized as an integral part of the contract.

3. Contract language is German.

Registration & payment terms

1. The registration is made by online booking via the internet portal of EVOLANGUAGE or by personal signing of the registration or contract form provided by EVOLANGUAGE in the teaching office or by sending them online via e-mail or fax.

2. The course or exam fee is to be discharged by bank transfer at least one week before the course or the exam takes place or at least at the day when the course or exam starts according to registration and booking confirmation in cash or credit card payment.

3. The registration fee for each course or exam is 50.00 EUR and is included in the course or exam fee.

4. The one-time administrative fee per course booking is 20% of the regular course cost and are included in the course fee.

5. Bank details EVOLANGUAGE:

Account holder: Account number: Bank code number: IBAN:

Swift-BIC:

EVOLANGUAGE
0368442984
55020486
DE52 5502 0486 0368 4429 84 hyvedemm486

6. All fees in payment transactions for payments and refunds (bank charges, credit card charges or charges of the online shop) are to be paid by the customer (course participant).

Formation of the contract

1. With the transmission of the online booking or by signing and handing over (in person, by email or fax) of the course contract provided by EVOLANGUAGE the participant acknowledges the terms and conditions of EVOLANGUAGE.

2. Integral part of the contract is the valid price list at the time of registration.

3. The course fees include: Classification test, training in language, the participation certificate and

   the registration fee of 50.00 EUR as well as the one-time administration fee (20% of the course

   cost). The exam fee includes a registration fee of 50.00 EUR.

4. For the rest, outside of the possibility to place an online-order by the EVOLANGUAGE web portal,

   the conclusion of contract between the customer and a contract offered by EVOLANGUAGE through signature which is exclusively excluded of this conditions and terms, in any EVOLANGUAGE language school via postal way, fax number +49 6131 617 3197 or e-mail. In our written teaching contract the course as well as the service we provide are separately designated and described.

Course organization

1. One lesson lasts 45 minutes.

2. All agreements regarding training time, training content, duration of the training and training fees

   will be exclusively made with EVOLANGUAGE and NOT with the respective trainers. The customer is

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not able to oblige trainers of EVOLANGUAGE, he rather has to engage them through EVOLANGUAGE directly. A claim for training by a certain teacher doesn’t exist. For missed lessons (unexcused) or programs, EVOLANGUAGE is offering replaced lessons respectively replacement programs.

3. The participant is committed to inform EVOLANGUAGE immediately after the identification of a deficiency and to demand remedy. In the event of failure to comply with this obligation, EVOLANGUAGE is excluding any claims.

4. A change of teaching force can be part of the method provided by EVOLANGUAGE and doesn’t entitle the customer to neither cancel nor withdraw from the contract.

5. EVOLANGUAGE does not adhere for non-achievements of a specific learning or teaching success. On the basis of predefined specifications made by EVOLANGUAGE regarding needed teaching units to achieve a teaching goal are based on years of experience and can be differ in individual cases from the actual requirements.

6. Side-agreements require written confirmations.

Cancellation of the contract and termination by the customer

1. In the case of registrations, which were made by registration/contract forms provided by EVOLANGUAGE, the contract declaration can be withdrawn up to 14 days before the start of a course according to registration and booking confirmation without stating reasons in text form (e.g. letter, e-mail, fax). For the preservation of the period of revocation it conforms the dispatch of the withdrawal in time. The withdrawal is to be sent in written text form at:

   EVOLANGUAGE Isabell Kuchtin Kaiserstr. 2 D-55116 Mainz

   The registration fee of 50.00 EUR and the administration fee per registration (20% of the course fee or examination fee) are implemented in the course fee or examination fee.
   At timely cancellation up to 14 days before the agreed start of the course according to registration and booking confirmation, the cancellation fee is 50.00 EUR. In the case a cancellation takes place within 13 days to 7 days before the agreed start of the course according to registration and booking confirmation, following fees are to be discharged:

   One-time registration fee: 50.00 EUR plus 20% of the agreed course fee (administration fee/compensation for damages). In the case of cancellations within less than 7 days before the start of a course up to 1 day before the start of a course according to registration and booking confirmation, the following fees are to be discharged: One-time application fee: 50.00 EUR plus 50% of the agreed course fee (administration fee (compensation for damages). In the case of cancellations on the day of the start of a course or after the start of a course according to registration and booking confirmation, the whole course fee (incl. application and administration fees) is to be discharged for the booked trainings period.

2. In the case of online registrations, the contract declaration can be cancelled within 14 days before the agreed start of the course without stating reasons in text form (e.g. letter, e-mail, fax). The deadline starts with the receipt of this instruction in text form. For the ensuring of the period of revocation, it is sufficient to send the withdrawal in time. The withdrawal is to be send in written text form at:

   EVOLANGUAGE Isabell Kuchtin Kaiserstr. 2 D-55116 Mainz

   The following applies in the case of a revocation of the withdrawal and cancellation outside the 14 days period of revocation: Unless otherwise agreed, following compensation for damages are to be discharged for a cancellation up to 13 days until the start of a course according to registration and booking confirmation: Application fee 50.00 EUR plus administration fees of 20% of the course fee, unless the course participant can prove that a minor or no damage incurred. The cancellation is to be sent in text form to EVOLANGUAGE. In the event of cancellations after the agreed course start, the whole course fees must be discharged for the booked period of training.

Visa: Cancellation of the contract and termination by the customer

1. In case the registration is combined with the application of a visa, all fees must be discharged in advance. A handling and an administrative fee at a charge of 200.00 EUR plus the actual delivery cost is charged in addition to the price for issuing of a visa capable confirmation of registration (confirmation letter) and their sending via e-mail or via postal way to the home address of the customer. This extra fee won’t be refunded in no way. If the application fee is sent within Germany, the visa fee comes out to 100.00 EUR.

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If the visa for entry into an EU country is not issued and entry into the Federal Republic of Germany is therefore permanently impossible, the course fee minus the registration fee of € 50 and minus the general administrative fee (20% of the course fee) can be refund, provided that the rejection notice of the visa issuing authority is plausibly justified and the participant fulfills his or her obligation to cooperate complied with the issuing of the visa by submitting all the necessary evidence and visa documents required to obtain the visa from the visa issuing authority. The original rejection notice must be submitted and the original confirmation letter must be returned.

2. A transfer of the booked course place by the participant to another person (substitute participant) for the same course date is possible.

3. The course participant is responsible that the entry in Germany is possible and that during the whole duration of the booked language courses the place of residence is legal.

Rebooking

1. In the case that a rebooking is induced by the customer (e.g. change of a teaching appointment, change of the type of a course, change of the level of a course), the rebooking must take place at least 14 days before the start of a course according to registration and booking confirmation. The rebooking fee is 50.00 EUR.

2. All fees for payment transactions shall also be paid by the customer in the case of rebookings.

Cancellation of teaching examination schedules

1. Cancellations of teaching or examination dates must be made in writing to be effective.

2. Agreed single teaching schedules can be cancelled until 12:00 of the previous day. If a teaching

   schedule falls on a Monday, the cancellation of this appointment should be made at 12:00 on the previous Friday. Agreed teaching schedules, which are cancelled after this time or which are claimed without any cancellation, will be fully charged. There is no refund for teaching schedules, which are not perceived and can’t be caught up to it. This also applies to obstacles, which the customers are not responsible for, like illness or obstacles, which are profession related.

3. In the case of irregular attendance, illness or vacation on part of the course participant, the course we won’t be refund. The participation at a language course at another time shall not be granted. In case of non-appearance at the course, participants are not entitled to a refund.

4. Absenteeism of the course participants once the course is underway (e.g. due to illness, travels) will not be refund.

5. Agreed examination dates can be cancelled or postponed free of charge up to 48 hours before the agreed examination date. In case of cancellation or postponement of the agreed examination date within less than 48 hours before the agreed examination date, an administrative fee of 25.00 EURO will be charged. In case of cancellation or postponement within 12 hours before the agreed examination date, the administrative fee to be paid is 50.00 EURO. If the agreed examination date is not cancelled or postponed in writing in good time within the aforementioned periods, the agreed examination fee is due for payment in full.

Liability

1. EVOLANGUAGE assumes no liability on a default on benefits on grounds of force majeure or on for other reasons EVOLANGUAGE is not responsible for.

2. EVOLANGUAGE reserves the right, to change the course program for group lessons and to offer the lessons as hybrid or online lessons also to reduce the number of hours, in case the participation number is lower than 4 persons. This does not represent a reason for withdrawal from the contract or a reduction of the price for the training.

3. EVOLANGUAGE cannot be held responsible for the loss of personal belongings inside the school building.

4. The course participant is liable for damages on the building and in the classrooms caused by himself.

Duty of cooperation/Deficiency claim

1. The course participant is obliged, immediately upon noticing a defect, to inform EVOLANGUAGE accordingly and claim remedy.

2. Course participants, who disturb the lessons with their behavior, can be dismissed form further course lessons. In that case, the course fees will be detained and shall not be refunded.

Excursions

1. Unless otherwise noted, costs of tours, excursions are not included in the course price and must be paid by the course participant.

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2. The participation on tours is at your own risk. EVOLANGUAGE does not assume liability on tours for possible damages or injuries. We recommend therefore the conclusion of a health and accident insurance.

Data protection

1. The course participant agrees on entry for EVOLANGUAGE to record and edit personal information electronically to ensure the proper accomplishment of the registration, accounting and proof of performance procedure.

2. When joining a Zoom video conference (online lessons or hybrid lessons or online exams) without your own user account, metadata about the conference is being processed: Topic, description (optional), IP number of the attendee and information about the terminal device used. In case of using the IM chat in Zoom, the chat content is subject of processing. In the case of online exams, EVOLANGUAGE reserves the right to record and store the video conference until the exam result has been announced. In case of cheating during the exam by the examinee, the recordings will be kept as evidence until the evidence could be provided. In the event of the existence of a user account (not required), the following data are also processed: First name, last name, phone number (optional), email, password, profile picture (optional). There is no storage of videoconferences and IM chats by the school. EVOLANGUAGE has no access to user accounts, if any are created by students. All attendees of a videoconference have viewing, listening, and reading access to videoconference content and IM chats. The provider may access the processed data as part of the order processing and at the direction of the school administration. Zoom Video Communications, Inc, https://zoom.us/, which runs the Zoom video conferencing platform, processes participants' personal data on our behalf for this purpose. In other words, it is only allowed to use them in accordance with our instructions and for our purposes and not for its own purposes, i.e. it may neither use them for advertising nor pass them on to third parties.

Final clause

1. German law applies with the exclusion of the UN law and purchase right (CISG). For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence is not deprived (favorability

2. In the event of a dispute between regarding the meaning or interpretation of a provision of this version of terms and conditions translated into English, the German version shall prevail.

3. The place of jurisdiction is the registered seat of EVOLANGUAGE, i.e. Mainz, as soon as the customer is not a consumer but merchant, legal entity of public law or special fund under public law or so far as the customer has transferred his domicile or habitual residence abroad or his domicile or habitual residence is unknown at the time the compliant is raised.

4. Any amendments or supplements of the contract shall require the written form. Should one of the above clauses be ineffective, the legal provisions apply. The principle of the priority of the individual agreement (§ 305b BGB) is a high priority for consumers.

Other

1. Modifications and amendments of this terms and conditions must be in written form. EVOLANGUAGE reserves the right to change the rules, the program, the prices and the terms and conditions without previous warning.

2. In case that one item of this terms and conditions should be or is going to be legally invalid, the other conditions shall retain their full force and content. Typesetting and translation errors being reserved.