Rules for participation in training courses
organized by EMT-Systems Sp. z o.o.
Ladies and gentlemen,
Below, we present terms and conditions related to the participation in our courses:
I. The Organizer of Training
- The Organizer of Training is EMT-Systems based in Gliwice (44-100) at 18C Konarskiego Street, registered in the District Court in Gliwice, X Economic Department of the National Court Register number KRS: 0000351335, NIP: 6342741010, REGON: 241529768.
II. Participant application.
- In order to apply for a course one should fill in a form and fax it or scan it and send via e-mail using contact information provided on the EMT-Systems website.
- Submission of application for participation in the training is tantamount to Client’s acceptance of the conditions for participation in Training, under the contract and these General Terms and Conditions.
III. ENTERING THE LIST OF PARTICIPANTS
- Within 2 working days of receipt of the application form, the Organizer shall send the Client an e-mail with the confirmation of inclusion in the list of Participants – Confirmation of participation in the training.
- A binding agreement for the provision of training services is concluded at the time of sending the confirmation of participation in the training by the Organizer.
- After submitting the application, but not later than 5 days prior to the training, the Client will receive detailed information on participation in the training.
- Number of participants is limited. The order of applications is decisive.
IV. PRICES AND TERMS OF PAYMENT
- Terms of payment shall be fixed individually. Unless otherwise decided, prepayment shall be made no later than 7 days prior to the scheduled date of the course.
- Payments shall be made by wire to the EMT-Systems’ bank account held with ING Bank Śląski. Account No.: 86 1050 1298 1000 0090 3025 5591 (for PLN) or 12 1050 1298 1000 0090 8003 7808 (EUR)
- All prices given are net prices and require an addition of 23% VAT. All prices are calculated for one person participating in the course.
- The price of training courses organized in the facilities of The Engineering Training Center includes: training sessions with the use of dedicated software, equipment and teaching aids, course materials, lunches, drinks and snacks. Participants cover the costs of transport and accommodation. The scope of closed training sessions is determined individually.
V. CANCELLATION OF PARTICIPATION – WITHDRAWAL FROM THE CONTRACT
- Resignation from participation in the training must be reported to EMT-Systems within 7 calendar days before the training.
- In the event that the client cancels less than 7 days prior to the scheduled date of the training course, the client will be liable to pay 100% of the fee.
- At any time, Applicant may designate another participant for the training, for whom they take full responsibility. Change of the participant shall be notified by phone or e-mail to the employee of EMT-Systems.
- If a student disrupts the training, makes conducting classes impossible or is dangerous for themselves and other participants, EMT-Systems has the right to refuse the student further participation in the training.
VI. CHANGE OF TRAINING DATE.
- EMT-Systems reserves the right to cancel or reschedule the training course.
- In case of cancellation or rescheduled training and there is no consent from the applicant for a new date of training, the Applicant retains the right to demand reimbursement of the amount paid.
- The Client may file complaints regarding training in writing to EMT-Systems no later than 7 calendar days from the date of completion of the training.
- EMT-Systems should investigate the complaint within 7 calendar days of its receipt and respond to it by e-mail in this period.
VIII. CERTIFICATE OF TRAINING COURSE COMPLETION
- Participants receive certificates of participation in Polish and in English. In case of non-standard training courses translation of the certificate is arranged individually.
- In order to obtain a certificate of training course completion, one shall participate in all days of training and at least 80% of all classes.
IX. ADDITIONAL INFORMATION
- The organizer declares that the materials provided to Participants during the trainings are protected by copyright. Client and/or Participant has the right to use them only for the permitted personal use. Copying, reproduction, distribution and other forms of use of those materials beyond the boundaries permitted by law is prohibited.
- Training sessions take place in a venue designated by EMT-Systems, depending on the training type. Participants will be informed in advance about the location of the training.
X. PERSONAL DATA PROTECTION
- Pursuant to the Personal Data Protection Act (Journal of Laws of 2014 Item 1182, as ammended), the Client agrees to processing of their personal data by EMT-SYSTEMS Sp. z o.o. for the purposes of the training. The Client has the right to access their personal data and have any such data that is iaccurate or incomplete rectified or deleted.
- In accordance with the applicable laws and regulations, the Client agrees to receive any and all commercial and marketing information from EMT-SYSTEMS Sp. z o.o., with its seat in Gliwice, 18C Konarskiego street, by means of telecommunications networks and terminal equipment as well as via automatic calling systems.
Regulations for participation in on-line training courses
I. General provisions
- These regulations (further referred to as the Regulations) specify the conditions for concluding agreements, as well as the complaint procedure.
- The organizer of Training Services is the company EMT-Systems Sp. z o.o.. [Ltd.] with its registered office in Gliwice (44-100) at Bojkowska 35A, registered in the District Court in Gliwice, X Commercial Department of the National Court Register under the number KRS: 0000351335, NIP: 6342741010, REGON: 241529768 (further referred to as the Organizer).
II. Online training parameters
- Training hour = 60 clock minutes
- Training Website (Website) – website www.emt-systems.pl that contains detailed information about Training (Training Agendas). Training broadcasts take place via platforms / applications indicated by the Organizer.
- Ordering Party – an adult natural or legal person who has submitted a training application form.
- Participant – participating in the training: the Ordering Party being an adult natural person or natural person notified by the Ordering Party being a legal person.
- Agreement for the provision of online Training Services (Agreement) – a civil law agreement the subject of which is the provision of an Online Training Service.
III. Entry requirements for participants
- A participant in the course can be a person who wants to acquire or supplement their knowledge or skills and meets the entry requirements specified by the Organizer.
IV. Technical requirements necessary to carry out online training
- The condition of using the on-line training service by the Ordering Party and the Participant is to have a device (desktop computer, laptop) connected to the Internet together with one of the Internet browsers: Internet Explorer, Google Chrome or Mozilla FireFox. Detailed technical requirements are provided at www.emt-systems.pl and are sent to the Ordering Party in an email after registration for the training.
- In order to properly use the on-line transmission, the Training Participant has the right to use the trial log in each time before the on-line training in real time and in the form specified by the Organizer.
- The organizer does not bear responsibility for blocking by administrators of mail servers sending messages to the e-mail address provided by the Ordering Party / Training Participant in the application form (order) and for removing and / or blocking electronic messages by software installed on electronic equipment used by the Ordering Party / Training Participant.
V. Conditions for concluding the Agreement for the provision of Training Services and payments
- The Agreement for the provision of Training Services is concluded after the Ordering Party accepts these Regulations and after the Organizer accepts the training application (which depends, among others, on the availability of places), about which the Ordering Party shall be notified in an e-mail.
- After completing the registration and paying for the course, the training participant has the right to participate in the selected training by accessing the platform / application indicated by the Organizer.
- The participant has the right to ask questions during the course both in the “chat” mode and in a platform enabling audio / video transmission in real time.
- As far as it results from the information about the training service, the Participant of the training has the right to receive the training materials electronically or they will be delivered to him in the form of a printout by traditional mail or courier after registration for the training and after making the payment of the course fee.
- The training participant / Ordering Party may not, without the prior written consent of the Organizer, transfer the rights and obligations arising from the agreement to a third party.
- The Organizer declares that the Ordering Party who is a private person has the right to terminate the contract in the following situations: subject to item c.
- The Organizer is entitled to remuneration for conducting the Training in the amount according to the current Training price list that can be found on the website www.emt-systems.pl in the Training Agenda or agreed individually with the Ordering Party.
- The price for the Training is expressed in PLN in the net amount. The given prices are the prices for one participant of the training and one should add a statutory 23% VAT tax.
- Payment terms are determined individually. Unless otherwise agreed, the prepayment should be made within 7 days before the start of the training.
- Payments shall be made by bank transfer to the account of EMT-Systems Sp. z o. o. at ING Bank Śląski. Account number: 86 1050 1298 1000 0090
a) A participant who has concluded a contract away from business premises or at a distance may withdraw from it without giving reasons, by submitting a relevant statement in writing within 14 days (fourteen days) from the conclusion of the agreement (sending the application form for the course);
b) pursuant to art. 28 of the Act on consumer rights, the deadline of 14 days to withdraw from the agreement begins from the date of concluding the agreement;
c) to meet the deadline, it is sufficient to send a statement before its expiry;
d) The Organizer is obliged to immediately send the Participant a confirmation of receipt of the statement of withdrawal from the agreement;
e) the Participant is not entitled to withdraw from the agreement concluded off premises or at a distance, if the Organizer has performed the service in full with the express consent of the Participant who was informed before the start of the service that after the performance of the service by the Service Provider they would lose the right to withdraw from the agreement and if performance has begun with the express consent of the Participant before the deadline to withdraw from the agreement.
VI. Parties’ obligations
- The duties of the Organizer include:
- Responsibility of the Organizer: To the extent that it is admissible under applicable law, subject to art. 473 & 2 of the Civil Code, the Service Provider is excluded from liability for any consequences related to the Participants’ use of the service, including damages resulting from the use or inability to use it, and in particular damages resulting from defects / failures of the website provided or any errors contained on the website.
- The organizer reserves the right to make changes to the training program or changes to the basic parameters of online training, including in the date or time of the training for important reasons or reasons beyond the control of the Organizer. The abovementioned changes cannot be the basis for any claims against the Organizer.
- The Training Participant undertakes to:
- The Ordering Party being a legal person in case of resignation from the course within less than 5 (in words: five) working days before the beginning of the course is obliged to pay a handling fee in the amount of 50% of the training price. In the absence of a notice of resignation or a notification within a period shorter than 1 (in words: one) full day, the Ordering Party is obliged to cover all the costs of the training. The Organizer may release this obligation if the Ordering Party justifies their (or Participant’s) absence. An excused absence is a documented illness or other unpredictable random cases. Designation of other activities (e.g. work assignment, business trip) or the Participant’s leave during its duration does not fall into the category of excused absences.
- In the case of Participants and only in relation to them (a training participant signing for the Training himself, not via the company in which they work), in matters not covered by the regulations, consumer law provisions, including the provisions of the Act on consumer rights, shall apply.
- Sending by e-mail (to the address provided by the Ordering Party in the application form) confirmation of acceptance for training is equivalent to the conclusion of the agreement.
- The organizer will make available to the Ordering Party regulations and perform the information obligations specified in the UPK regulations of the Act on consumer rights.
- The Service Recipient / Participant has no right to record the sound and / or image of this course.
- The organizer reserves the right to change the date of the Training in the event of serious organizational and / or technical problems that prevent the Training from being carried out or the minimum number of participants required to carry out the training is not recorded. Information about the cancellation of the Training will be sent to the Ordering Party via e-mail to the address indicated by the Ordering Party in the Participant’s notification of participation immediately after such a situation occurs. In such a case, the Ordering Party may resign from participation in the Training without the obligation to pay the amount corresponding to the total cost of the Training, and if the payment has been paid – has the right to demand a refund of the amount paid
- The organizer is not responsible for the acquisition of knowledge by training participants. For this reason, the Ordering Party / Training Participant may not make any claims against the Organizer, refuse to pay all or part of the remuneration due for the provision of the training service or demand a reduction of this remuneration.
- In addition to the cases specified in applicable law, the Service Provider may terminate the agreement with immediate effect in the event of:
a) conducting training for the Ordering Party in the scope specified in the application form and Website (emt-systems.pl website);
b) providing qualified teaching staff to conduct the Training;
c) preparation of the Training program;
d) preparation of the Training schedule;
e) providing each training participant with complete training materials free of legal defects as at the date of training;
f) upon providing the Service Recipient / Participant with the training materials referred to in item f), the Service Provider grants the participant the right to use these materials, but only for the needs of the Participant of the training. The Service Recipient has no right to reproduce and / or place on the market the abovementioned materials, grant the right to use the training materials or make them available to other third parties. The right to use training materials follows receipt of payment for a training service;
g) conducting training evaluation in terms of: achievement of assumed goals, selection of material and training methods, organization of training facilities and process as well as the work of a trainer / lecturer. The evaluation is carried out in the form of a survey;
h) issuing to the Participant (subject to actual participation in the classes) a certificate confirming participation in the Training;
a) participate in the Training, respecting punctuality and following the instructions of the Organizer and Trainers;
b) pay the Organizer for the Training Service the amount due indicated in the training application form or agreed individually with the Organizer;
a) Delays of the Ordering Party / Course Participant in the payment of due remuneration.
b) Breach by the Ordering Party / Participant of the provisions of the regulations or agreement.
VII. Complaint procedure
- Each Customer ordering the on-line training service has the right to lodge complaints regarding Training Services within fourteen business days from the date of the end of the Training or during the Training.
- Complaints about Training Services should be submitted in writing, by e-mail to the following address: email@example.com
- The complaint should include:
- A complaint will be considered no later than within fourteen business days from the moment the Organizer receives the notification. In cases requiring additional explanatory actions, the time to process a complaint may be extended. Organizator zastrzega sobie prawo do pozostawienia reklamacji bez rozpatrzenia, jeżeli reklamacja zostanie złożona po przekroczeniu terminu,o którym mowa w §7 pkt 1 lub jeśli wynikać będzie ona z nieznajomości postanowień niniejszego Regulaminu.
- The organizer reserves the right to leave the complaint without consideration if the complaint is submitted after exceeding the deadline referred to in §7 item 1 or if it results from ignorance of the provisions of these Regulations.
name of the Ordering Party,
the address of the seat/residence of the Ordering Party,
subject of the complaint (service name, date and venue of its implementation etc.),
substantive and/or formal justification of the complaint,
expectations of the Ordering Party towards the Organizer of the Training Service.
VIII. Property Copyright
- The training materials provided to the Participants become their property upon their transfer.
- The transfer of ownership of a copy of the training materials does not transfer the property rights to the training materials.
- The content of training materials is protected by copyright (the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 2000, No. 80, item 904, as amended)), and their reproduction, distribution, modification, translation into foreign languages or any distribution is prohibited.
- The training materials are used in a manner that respects the copyrights of third parties and contains a reference to the source and author of the referenced content.
IX. Personal data protection
- The administrator of personal data of the Ordering Party and Participants is EMT-Systems Sp. z o.o. with its registered office at Bojkowska 35A, 44-100 Gliwice.
- Personal data is processed in order to implement the training agreement and marketing purposes on the basis of applicable law.
- The participant has the right to full access to their personal data, their transfer, rectification deletion or limitation of processing, as well as to lodge a complaint to the President of the Office for Personal Data Protection, if they consider that their rights have been violated.
- In the event when an Employer notifies an Employee for training, data processing is necessary to fulfill legally justified purposes, i.e. the implementation of employee training. In connection to this, the processing of personal data of the Applicant by the training Organizer is allowed on the basis of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation). In addition, the Applicant as the Administrator of data of persons taking part in training pursuant to art. 28 of Regulation (EU) 2016/2019 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/WE (General Data Protection Regulation), further referred to as RODO entrusts EMT-Systems Sp. z o.o. with its registered office in Gliwice, Bojkowska 35A, hereinafter referred to as “the Contractor”, personal data of persons participating in training organized by EMT-Systems Sp. z o.o., in the field of personal data necessary to conduct the training, i.e. name, date, place of birth and other personal data if the right or obligation to provide it results from legal provisions. The Applicant also assumes the information obligation arising from the current legal provisions to inform training participants whose personal data are processed and about their right to inspect their personal data, request their correction or removal.
- If a private person is notified, the data processing is necessary for the implementation of the contract for the provision of a training service, to which the Applicant will be a party, and is necessary to take action before concluding the contract at the request of the Applicant. Therefore, the processing of personal data of the Applicant by the training Organizer is permissible on the basis of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46 / EC (General Data Protection Regulation). The applicant has the right to access their personal data, correct it and demand that its processing be stopped, as well as their removal.
X. Liability and the right of withdrawal
- Pursuant to the content of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), the Ordering Party who is a natural person (Service User) may withdraw from the Agreement within 14 days of its conclusion. The right to withdraw from the Agreement is not entitled to the Service Recipient in case when the provision of Training Services has started, with the consent of the Consumer given before the expiry of the 14-day period.
- A declaration of withdrawal may be submitted in writing to the address of the Organizer’s headquarters or to the e-mail address: firstname.lastname@example.org
- If, after the conclusion of the Agreement and making the payment, it appears that the Participant cannot participate in the implementation of the Training Service and is not entitled to withdraw from the contract – they will be able to use the funds paid for the Training Service of the same value on another date agreed with the Organizer. This provision shall not apply to Consumers.
- The organizer does not bear responsibility for any errors, defects, inaccuracies or irregularities in the training materials provided, or for any damages resulting from the Training Services provided.
- The Organizer’s liability to the Ordering Party for all titles, in particular in connection with non-performance or improper performance of the Training, as well as legal provisions, is limited to the amount of remuneration for the Training to which the damage relates. The Organizer’s liability for damage to the Ordering Party in the form of lost profits is excluded.
XI. Final provision
- The regulations come into force on the day of its publication on the Organizer’s website and are introduced for an indefinite period of time.
- In matters not covered by the Regulations, the provisions of general Polish law, in particular the Civil Code shall apply.
- Settlement of any disputes arising between the Organizer and the User who is a Consumer, shall be submitted to appropriate common courts in accordance with the provisions of the Code of Civil Procedure.
- Settlement of any disputes arising between the Organizer and the User who is not a Consumer shall be subject to the court having jurisdiction over the seat of the Organizer.
- The organizer reserves the right to change the Regulations. All changes are effective from the date of its publication on the Organizer’s website. Contracts signed before any changes to these Regulations will be implemented based on the provisions in force on the date of signing the Agreement.
- These regulations apply from 04.2020r.
Please contact us if you need additional assistance or have any questions.
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The Engineering Training Center
ul. Bojkowska 35A, 44-100 Gliwice
Tel.: +0048 32 411 1000, +0048 516 276 782