The following terminology applies to these Terms and Conditions of Use, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Company”, “Ourselves”, “Our”, “We” and “Us”, “Fervent”, “Fervent Digital”, refers to our company, Fervent Digital OÜ, registered in the EU under company number 14282309. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing EU Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
By accessing, downloading, installing, or using the Fervent Digital Services, whether or not you become a registered user (“user”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You acknowledge that You have read and understood these Terms. The materials contained in this web site are protected by applicable copyright and intellectual property law.
2. Use License
- Permission is granted to temporarily download one copy of the materials on Company’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Company’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or ‘mirror’ the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Company’s web site are provided ‘as is’. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
5. Revisions and Errata
The materials appearing on Company’s web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.
Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user’s own risk.
8. Privacy Statement
We are committed to protecting your privacy. Authorised employees within the Company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to and experience for our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
All major Credit/Debit Cards, BACS / Bank / Wire Transfer, PayPal are all acceptable methods of payment. We do not accept “cash” payments (i.e. notes and coins). Payments for subscriptions are billed either monthly or annually, depending on the cycle you chose, and commence on the day you sign up. Payments for Private Tuition sessions must be made in advance. All goods (digital or real) remain the property of the Company. Monies relating to Private Tuition that remains outstanding by the due date will incur late payment interest at the rate of 2.5% above the prevailing European Central Bank’s (ECB) base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
In the event that a payment has not been made within the specified time frame for any reason, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
11. Cancellation Policy
Cancellation from our side (happens 1 in 200 sessions, on average):
We’ll reschedule your slot to the next available one asap, or refund your money in full. No questions asked.
Cancellation from your side (we hope it doesn’t happen):
- No penalty, if you let us know at least 7 days in advance.
- 50% penalty, if you let us know less than 7 days but more than 24 hours in advance.
- 100% penalty, if you let us know less than 24 hours in advance.
Penalty percentages are applied to the session value only, excluding digital add-ons (e.g. recording price).
12. Learning Guarantee
If you’re not happy with your learning experience with us, tell your tutor so within the first 30 minutes of your first lesson. We will end the session then and there, and refund your money in full.
13. Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
14. Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
16. Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
17. Intellectual Property
You agree that the Fervent, including but not limited to Fervent Products and services, graphics, user interface, audio clips, video clips, editorial content, templates and the scripts and software used to implement Fervent Digital Services, contains proprietary information and material that is owned by Fervent Digital and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Fervent Digital Services in compliance with this Agreement. No portion of the Fervent Digital Services may be reproduced in any form or by any means, without expressed written permission from Fervent Digital. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Fervent Digital Services in any manner, and you shall not exploit the Fervent Digital brand in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Fervent Digital and its licensors reserve the right to change, suspend, remove, or disable access to any Fervent Digital products, content, or other materials comprising a part of the Fervent Digital brand at any time without notice. In no event will Fervent be liable for making these changes. Fervent may also impose limits on the use of or access to certain features or portions of Fervent Digital services, in any case and without notice or liability.
All copyrights in and to Fervent Digital OÜ (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Fervent Digital and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF FERVENT DIGITAL OÜ, EXCEPT FOR USE OF FERVENT DIGITAL OÜ AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Fervent, the Fervent logo, other Fervent trademarks, service marks, graphics, and logos used in connection with Fervent are trademarks or registered trademarks of Fervent Digital OÜ in the E.U. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Fervent Digital Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
18. Governing Law
Any claim relating to Company’s web site shall be governed by the laws of the European Union (EU) without regard to its conflict of law provisions.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, hacking, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.