Thanks for having a look at our Terms of Service!
We hope you enjoy our services and that you have been improving your language skills with PRODIREKT and the Verbalists Education & Language Network.
The Verbalists Education & Language Network is brand of PRODIREKT LLC, a US limited liability company with company number 5069651 and with its registered address at 1013 Centre Road, Suite 403-A, Wilmington, DE 19805, United States (“PRODIREKT LLC”).
Definitions and Interpretations in these Terms and Conditions
“PRODIREKT LLC” shall mean PRODIREKT, PRODIREKT Services, or any other trading aliases of PRODIREKT LLC.
The “Client” shall mean the person in whose name the booking is made and shall include any persons on whose behalf the same is made.
The “Trainer” shall mean any person assigned by PRODIREKT to deliver the training, which may include substitute teachers.
“Force Majeure” shall mean any event outside PRODIREKT’s control which prevents the prompt performance of its obligations, including natural disasters, war and civil strife, etc.
1. Training Delivery
1.1 These Terms and Conditions relate to the purchase the number of language or communication training hours of tuition or any other PRODIREKT Services by the Client.
1.2 After enrollment and payment of the tuition, the Client will receive an Acceptance Letter to confirm the enrollment. Enrollments are not final until Acceptance Letter is issued by PRODIREKT. PRODIREKT reserves the right to deny or postpone acceptance.
1.3 Trainers are allocated to the Client according to a combination of the Client’s linguistic needs and geographical location. All Trainers are vetted by PRODIREKT and guaranteed to be qualified to the appropriate levels. The trainer is responsible for giving the class at the appointed time as agreed with you. PRODIREKT is not obliged to provide classes with a particular Trainer.
1.4 The Client must notify PRODIREKT immediately if there are any problems relating to either course content and/or the Trainer. PRODIREKT endeavors to resolve any issues as quickly and efficiently as possible.
1.5 The Client agrees to ensure that any premises used for classes (home or office) conform to basic Health & Safety standards.
1.6 [Taking an online class] Our Trainer will call the Client at the appointed time for his/her class. The Client shall ensure that he/she is available for an online class at the agreed time. If the Client is not contactable in the first 10 minutes, the Client will lose that class without refund.
2. Cancellations & Refunds
2.1 The Client must inform PRODIREKT of any changes to the pre-agreed calendar with a minimum of 24-hour notice. In the case of late notification, i.e. less than 24 hours before the scheduled lesson, the lesson will be forfeited by the Client and billed in full.
2.2 The Client must inform PRODIREKT of any changes to the training location at least 48 hours in advance of the scheduled lesson, as this must be agreed with the Trainer. A supplementary charge may be applied and billed to the Client to cover any increases in travel expenses incurred due to the change of location.
2.3 The Client must inform PRODIREKT of any changes to class size, training conditions or frequency of lessons by phone and in writing. PRODIREKT’s Operations Manager or the Client’s Account Manager should be the first point of contact.
2.4 The Trainer has the right to withdraw from training if confronted with unprofessional or discourteous behavior or if the Client is not fit to take the lesson due to, for example, intoxication or other similar factors.
2.5 Lesson time lost due to late arrival of Trainers (i.e., transport delays) may be made up at the end of the lesson or rescheduled, depending on the Client’s preference. Lesson time lost due to late arrival of the Client may be made up by direct arrangement with the Trainer, at the Trainer’s discretion.
2.6 Trainers are on assignment from PRODIREKT, and as such, the Client may not discuss or enter into any individual agreements with a PRODIREKT Trainer. The Client communicates with a Trainer during the class or by using the Trainer’s PRODIREKT email address. The Client shall not be allowed to communicate with our Trainer privately through his/her private communication tools such as mail, SMS, Facebook or phones. If that happens the Client’s classes will end immediately and not be refunded.
2.7 PRODIREKT reserves the right to take up to 28 days to source a suitable Trainer. If PRODIREKT fails to find a suitable Trainer within that time, the Client will be reimbursed in full. PRODIREKT cannot be held responsible for any loss, financial or otherwise, or any outcome whatsoever arising from the non-delivery of a language course or any other training program.
2.8 The Client is responsible for the equipment to access PRODIREKT Services, as well as all fees charged by third parties related to the Client’s access and use of PRODIREKT Services (i.e., charges by Internet service providers).
2.9 PRODIREKT reserves the right to modify or discontinue, temporarily or permanently, all or any portion of PRODIREKT Services without notice. We will not be liable to the Client or to any third party for any modification, suspension, or discontinuance of all or any portion of PRODIREKT Services.
3. Payment
3.1 Corporate Account Holders:
– Payment of the full invoice value must be received two weeks prior to the course start date. The invoice amount includes course materials and trainer travel costs unless otherwise stated.
– Late payment will result in a suspension of lessons & we will exercise our statutory right to claim interest and compensation for debt recovery costs.
3.2. Individuals:
– A deposit of 25% is required, with the balance of full fees on allocation of the tutor, a minimum of 48 hours before the first lesson.
– Trial lessons: a non-refundable deposit of 25% is required, with the balance of the full fees due a minimum of 48 hours before the second lesson.
3.3 Payment Methods
– Bank Transfer: Please contact us at booking@prodirekt.net and we will send you an invoice. Please note that a $55 bank transfer fee applies.
– Debit/Credit card
– PayPal
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard, the Client will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when the Client makes his/her online transaction using a Credit or Debit card.
Payments by debit/credit cards are subject to a fee of 3.5%.
Please ensure that all bank transfer payments are accompanied by a reference showing your invoice number. Failure to provide this may lead to a delay in your course start date.
The Client is solely responsible for all reasonable expenses and attorney fees PRODIREKT incurs collecting late amounts.
To the fullest extent permitted by law, the Client waives all claims relating to charges unless claimed within 60 days after the charge (this does not affect the Client’s credit card issuer rights). Charges are solely based on PRODIREKT’s measurements of the Client’s use of PRODIREKT Services, unless otherwise agreed to in writing.
3.4 Late Payments
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less).
3.5 Charges are exclusive of taxes
The Client is solely responsible for paying all taxes and government charges.
4. Alterations by the Client
4.1 Rescheduling a single class
The Client can reschedule a pre-arranged class up to 24 hours before the start of that class. A reschedule request must be submitted in writing to booking@prodirekt.net and at least one day before the Client’s class begins. No class rescheduling is accepted less than one business day before the start of a class. Any late cancellation/rescheduling notice will be considered a no-show and will be charged or deducted from the Client’s pack of classes. The Client is given the right to reschedule his/her classes two times within one month period.
4.2 Placing class on hold
If the Client has booked more than ten classes the Client can place his/her class on hold for longer than a week because of vacation, business trip or any other reason. The Client’s class will restart again on the date the Client submits without losing any class. The Client is required to propose a class reschedule at least 2 business days before the Client desires to continue with his/her classes.
All classes including cancelled and postponed classes must be taken within the 150% period of the class session the Client chooses. If the Client’s class session is 4 weeks long, the Client must take all his/her classes within 6 weeks. If the Client still has classes after their expiry date, the Client may lose those classes.
5. Alterations by PRODIREKT
5.1 PRODIREKT will do its utmost to provide the training arrangements as outlined in your proposal, but it must reserve the right to modify or cancel any course if unforeseen circumstances force it to do so. This may include, but is not limited to Force Majeure, acts of terrorism or political unrest. PRODIREKT will always try to make reasonable alternative arrangements in these cases.
5.2 Trainer Cancellation
Occasionally our Trainer may have an unavoidable emergency or illness that could result in them having no option other than to cancel your class for that day or week. When this happens you will be sent an Email as soon as the Trainer knows of the problem. If the problem is on our side, then the class will be rescheduled without any additional cost to you.
5.3 While PRODIREKT tries to ensure that all details, descriptions and prices which appear on its websites are accurate, errors may occur. If PRODIREKT discovers an error in the price of any service which the Client has ordered, PRODIREKT will inform the Client of this as soon as possible and give the Client the option of reconfirming his/her order at the correct price or to cancel it. If PRODIREKT is not able to contact the Client the order will be treated as cancelled.
6. Privacy and Electronic Communications
6.1 Personal Information
To facilitate certain tasks and communication between ourselves and our students, PRODIREKT stores some details about its students electronically. These include contact details, grades obtained and details of email correspondence. However, this is strictly for our class and services only and details will not be released to irrelevant third parties. PRODIREKT cannot be held responsible for the content, procedures or data policies of websites that we may have links with.
6.2 Please review our Legal Notice and Privacy and Personal Data Protection, which also governs the use of verbalistseducation.com website and informs users of our data collection practices.
6.3 Electronic Communications
Visiting http://www.verbalistseducation.com or sending emails to PRODIREKT constitutes electronic communications. The Client consents to receive electronic communications and the Client agrees that all agreements, notices, disclosures and other communications that PRODIREKT provides to the Client electronically, via email and on the verbalistseducation.com site, satisfy any legal requirement that such communications be in writing.
7. International Users
If you access the verbalistseducation.com site and other sites owned by PRODIREKT, as well as use PRODIREKT’s Services from a location outside the USA, the Client is responsible for compliance with all local laws. The Client agrees that he/she will not use the PRODIREKT services accessed in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
8. Children under Thirteen
PRODIREKT does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use our services only with permission of a parent or guardian.
9. Trademarks
“Verbalists”, “Verbalists Education,” “Verbalists Education and Language Network,” “Verbalists Education Podcast,” “Verbalisti,” “PRODIREKT”, the Verbalists Logo, the PRODIREKT Logo, and any other product or service name or slogan displayed on PRODIREKT’s sites and Services are trademarks of PRODIREKT and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PRODIREKT, or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Verbalists,” “PRODIREKT” or any other name, trademark or product or service name of PRODIREKT without our prior written permission. In addition, the look and feel of PRODIREKT Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PRODIREKT and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in PRODIREKT Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by PRODIREKT.
10. Indemnification
The Client agrees to indemnify, defend and hold harmless PRODIREKT, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the verbalistseducation.com site or PRODIREKT Services, any user postings made by the Client, the Client’s violation of any terms of this Agreement or the Client’s violation of any rights of a third party, or the Client’s violation of any applicable laws, rules or regulations. PRODIREKT reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client, in which event you will fully cooperate with PRODIREKT in asserting any available defenses.
11. Legal Notices
11.1 Assignment
Any rights and licenses granted hereunder, may not be transferred or assigned by the Client, but may be assigned by PRODIREKT without restriction. PRODIREKT shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
11.2 Governing Law
Enforcement of these Terms and Conditions will be governed by the laws of the State of Delaware, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms and Conditions or your use of PRODIREKT Services will lie in the state and federal courts located in the State of Delaware, and the Client irrevocably agrees to submit to the jurisdiction of such courts for any actions for which PRODIREKT retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
11.3 Arbitration
In the unlikely event that PRODIREKT has not been able to resolve a dispute it has with the Client after attempting to do so informally, PRODIREKT and the Client agree to resolve any claim, dispute, or controversy (excluding any PRODIREKT claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Wilmington, Delaware under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing PRODIREKT from seeking injunctive or other equitable relief from the courts as necessary to protect any of PRODIREKT’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE CLIENT AGREES THAT, BY ENTERING INTO THIS AGREEMENT, THE CLIENT AND PRODIREKT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12. Changes to Terms
PRODIREKT reserves the right, in its sole discretion, to change these Terms and Conditions under which PRODIREKT’s services are offered. The most current version of the Terms and Conditions will supersede all previous versions. PRODIREKT encourages the Client to periodically review the Terms and Conditions published here and to stay informed of any updates.
Contact Us
PRODIREKT welcomes your questions or comments regarding these Terms and Conditions:
PRODIREKT LLC
1013 Centre Road, Suite 403-A
Wilmington, DE 19805
United States
Email Address:
legals@prodirekt.net
Telephone number:
+1 (302) 319 9900
Effective as of January 3, 2022