These business conditions (hereinafter referred to as "business conditions") of the business company OM4CR s.r.o. doing business as NH Prague Knowledge Centers, with its registered office at Vaclavske namesti 832/19, 110 00 Prague 1, identification number: 28869362, entered in the Commercial Register kept at the Municipal Court in Prague, Section 150176, Insert C (hereinafter referred to as the “Provider”) governs the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a business agreement (hereinafter referred to as the “Agreement”) concluded between the Provider and an individual or legal entity (hereinafter referred to as the “Client”).
The subject of the agreement is a business relationship between the Provider and the Client, in which the Provider provides a service to the Client for a fee. This service is determined by the Provider's public offer via the internet portal or on the basis of a specific offer made by the Provider to the Client.
The Business Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Provider's website located at www.nhprague.cz, or on other websites of the Provider, which can be accessed through this site - e.g. language versions, affiliate partners and others (hereinafter only "websites").
Provisions deviating from the business conditions can be agreed in the agreement. Deviating provisions in the agreement take precedence over the provisions of these terms and conditions.
The provisions of the terms and conditions are an integral part of the agreement. The agreement and business conditions are drawn up in the Czech language and are valid in the Czech Republic, according to Czech law. The resolution of potential disputes is resolved by the locally competent courts.
The wording of the business conditions may be changed or supplemented by the Provider. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
If any provision of these terms and conditions or in the context of these terms and conditions of the concluded agreement becomes invalid, it does not automatically mean the invalidity of the contract as a whole. On the contrary, the parties are obliged to arrange a remedy by contractually (by an addendum to the agreement) agreeing on the newly formulated conditions so that the new provision respects the original intention of the contracting parties when concluding the agreement.
The Client is not entitled to use the Provider's images or logos without his prior written consent.
The Client's representative or a person authorized by them to accept the product/service (typically an employee), i.e. a person who actually consumes the Provider's services (hereinafter "Participant") is perceived by the Provider as a person authorized to receive such product/service.
The Provider is entitled to record the attendance of individual events and request confirmation of participation by a signature of the Participant.
The web interface of the store contains a list of products and services offered by the Provider. The Provider's binding offer always contains, in addition to the indication of the name of the product/service, the price which the Provider states without value added tax. If the price is not stated, it is not a binding offer.
The offer and prices remain valid for as long as they are displayed in the web interface. This provision does not limit the Provider's ability to conclude an agreement under individually agreed conditions.
If the Client orders the Provider's products/services through the booking system, which is part of the Provider's website, the Client is allowed to check and change the data provided by the Client in the booking order before sending such the order.
The data specified in the Client's order obtained through the booking form are considered correct and undistorted by the Provider. Immediately after receiving the order, the Provider will confirm the receipt of the order by a confirmation email, sent to the Client's email address, which the Client provided when booking.
Depending on the nature of the order, the Provider is always entitled to ask the Client for additional confirmation of the order (for example in writing or by telephone). The Provider sends the Client a confirmation of receipt of the order.
The Provider and the Client are entitled to terminate the order at any time before the start of the product/service delivery. However, this agreement does not affect the charging of the cancellation fee by the Provider.
The Client acknowledges that the Provider is not obliged to enter into a agreement with people who in the past have breached the business terms and conditions of the agreement concluded with the Provider.
The Client agrees to the use of means of communication at a distance when concluding or implementing the agreement. The costs incurred by the Client in the use of means of distance communication in connection with the conclusion or implementation of the agreement (costs of internet connection, costs of telephone calls) shall be borne by the Client himself.
The Provider reserves the right to make changes in terms of the event calendar. However, this change will always be discussed with already registered Participants.
2. PRICE AND PAYMENT TERMS
The price for the products / services provided by the Provider determined according to the concluded agreement (hereinafter referred to as the "Price") may be paid by the Client to the Provider in the following ways:
wire transfer, bank account no. 7359167001/5500, kept with Raiffeisenbank (hereinafter referred to as the "Provider's Account")
The Client is obliged to make the payment with the variable symbol. The Client's obligation to pay the price is fulfilled when the relevant amount is credited to the Provider's account.
Payment of the price by the Client is made on the basis of an tax invoice at due date.
The invoice is issued by the Provider to the Client after product/service booking is confirmed and is sent to the Client's address.
Client agree and accept electronic form of invoice delivery.
Any individual discounts provided by the Provider to a specific Client cannot be combined with the Provider's publicly offered discounts via marketing channels.
The Client is not entitled to demand financial compensation related to participation in seminars and exams (travel expenses, accommodation, profit loss, etc.).
3. ORGANIZATION, CHANGES OR CANCELLATION OF THE EVENT
The submitted applications are binding, but they are not a confirmation of the course location. By submitting the order, the Participant agrees to accept these terms and conditions. The order is accepted by the Provider by an e-mail or a phone call, together with organizational information.
The Provider reserves the right to cancel the event in the following cases:
a minimum of five (5) working days before the event, if the event is not filled with the minimum number of Participants
due to the trainer's illness or other serious obstacles preventing the trainer from training
the realization of the event will be hindered by another serious and difficult obstacle (e.g. accidents at the venue, force majeure, etc.)
In case that the Provider cancels the event, the Provider undertakes to notify the Client in writing, via e-mail or a phone call without unnecessary delay.
In case of cancellation of the event, the Provider is obliged to offer the Client an alternative date of the event. If the Client does not reject the alternative date within two (2) working days from the delivery of the Provider's offer, it is considered that the Client confirms participation on the alternative date.
However, the Client is entitled to request the provision of the product/service on an alternative date within twelve (12) calendar months from the day when the bindingly ordered product/service was to be provided by the Provider originally. The Provider will offer the Client an alternative date for the provision of the same product/service only at the request of the Client, but no later than on the working day preceding the day on which the product/service is to be provided by the Provider.
In the case that the Client refuses to accept new product/service delivery date, or the delivery of the product/service on an alternative date is not possible, the Provider undertakes to return the amount of money that the Client paid for the product/service.
In the case that the Client or Participants are unable to attend the event within the ordered term, the Client undertakes to notify the Provider without further delay.
Fees for changing the course date:
a change of date more than ten (10) working days before the start of the course is free of charge
a change of date from six (6) to none (9) working days before the start of the course is subject to a fee of 10% of the total course price
a change of date five (5) or less working days before the start of the course is subject to a fee in the amount of purposefully incurred costs (license fees, training material fees, certification exam fees, trainer fees, travel expenses, etc.)
A change in the person attending the course can be made free of charge.
The Client cancels the order in a period more than ten (10) working days before the start of the event – no fee
The Client cancels the order in a period less than ten (10) working days before the start of the event - 100% of the class price will be due
The Provider always confirms the Client's order. The Provider does so in writing by email to the electronic address provided by the Client in the order.
The Client acknowledges that they are obliged to state their personal information correctly and truthfully and that they are obliged to inform the Provider of a change in their personal data without unnecessary delay during the provision of the service. The Provider is not liable for any erroneous statements of the Client's personal data on the certificates, which were based on the personal data submitted by the Client.
The absence of a Participant in the provided service (even temporary) at already paid seminars or trainings does not lead to the right to a refund for the provided service, nor to later reliefs in the event of repeated examinations.
If the Provider withdraws from the binding order, the Provider will return the paid part of the price to the Client.
The Client is not entitled to request an electronic version of the contractual documents from the Provider. The Client is obliged to respect that all contractual documentation in electronic form as well as the content of the website is a subject of the Provider's intellectual property.
4. PERSONAL DATA PROTECTION AND BUSINESS MESSAGES
The protection of personal data of the Client and the Participant is performed by the Provider in the sense of the provisions of Act No. 110/2019 Coll., The Personal Data Processing Act, but also the new legal regulation for personal data protection according to Regulation 2016 / 679 of 27 April 2016 (hereinafter referred to as the "Personal Data Protection Act").
As part of the provision of services, personal data that will be necessary for the registration of an internationally accredited examination, i.e. data necessary for the issuance of the certificate, will be processed. These are mainly data that identify the Client, e.g.: name and surname, residential address, identification number, tax identification number, e-mail address, data provided by the Participant during course attendance, including signature, telephone number and information about inquiries, realized orders (hereinafter collectively referred to as "Personal data").
The Client's contact details will be further used to communicate information related to the validity of certificates or accreditation changes. All instructions follow the procedure for processing personal data.
The Client acknowledges that they are obliged to state their personal information correctly and truthfully and that they are obliged to inform the Provider of any change in their personal data without unnecessary delay during the provision of the service. The Provider is not liable for any erroneous statements of the Client's personal data on the certificates, which were based on the personal data submitted by the Client.
The Provider may authorize a third party to process the Client's personal data as a processor.
Personal data is stored by the Provider in electronic form in the Provider's information system and in paper form in the documents submitted by the Client, for a minimum period during which the Provider is obliged to keep accounting documents in accordance with Act No. 563/1991 Coll.
The Client confirms that the personal data they provide is accurate.
5. PEOPLECERT CERTIFICATION
The Client acknowledges and agrees with the following changes within the PeopleCert certification (more information can be found on the official PeopleCert website here), valid from 1.2.2022.
Online Proctoring is the only possible way to take PeopleCert / AXELOS exams.
The relevant official eBook (core guidance) is offered together with each Foundation-level and ITIL 4 certification exam voucher.
PeopleCert does not allow the Accredited Training Organisations (ATO) to resell the eBooks as part of Practitioner-level certification exams, nor as a separate item. Therefore, the Provider does not provide the relevant eBook within the Practitioner-level training order to the Client.
In case of an order of Take2 Resit Option as part of a training course, the Take2 Resit Option must be ordered by the Client from the Provider no later than the first day of the training. The Take2 Resit Option for the given exam cannot be ordered from the Provider after the first day of the training.
In case of an order of Take2 Resit Option as part of an exam voucher order (without training course), the Take2 Resit Option must be ordered by the Client from the Provider simultaneously with the exam voucher. The Take2 Resit Option for the given exam voucher cannot be ordered from the Provider after the order for the certification exam has been created.
In case of failure, if the Client had not have purchased the Take2 Resit Option prior to the exam, it is possible to order a new exam voucher from the Provider.
6. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The Client acknowledges that they are obliged to state their personal data correctly and truthfully and that they are obliged to inform the Provider of any changes in their personal data without unnecessary delay during the provision of the service. The Provider is not liable for any erroneous statements of the Client's personal data on the certificates, which were based on the personal data submitted by the Client.
The Client is not entitled to use mechanisms, software or other procedures which could have negative effect on the operation of the web interface, when using the web interface of the Provider. This website may only be used to the extent that is not to the detriment of the rights of other Client of the Provider, and that is in accordance with its purpose.
The Client and the Provider are bound by the provisions of § 1724 and subsequent Act No. 89/2012 Coll., Civil Code, when concluding and fulfilling the agreement.
In the case of concluding an agreement on the installment schedule, the Client acknowledges that the financial increase in the price is appropriate with regards to the fact that the Provider provided the opportunity to pay the price exclusively at the request of the Client.
In the event of a complaint, the Customer contacts the Provider in writing via email. Complaints are responded to within three (3) working days.