1. Validity of the general terms and conditions
1.1
The following Terms and Conditions ("T&Cs") pertaining to executive english located in Salisbury, United Kingdom (hereinafter referred to as "executive english"), act as binding when it comes to all contractual relationships with individual consumers or companies (hereinafter jointly referred to as "consumers" or " clients") who make use of the services offered by executive english.
A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to his/her commercial nor his/her independent professional activity (§ 13 BGB).
A client is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts on behalf of his/her commercial or independent professional activity (§ 14 BGB).
Compliance with terms and conditions, which are expressly designated as valid for companies, do not apply to consumers.
1.2
Certain executive english services and/or products may be subject to separate terms and conditions of contract and/or registration, supplementing the provisions of these Terms and Conditions. These will be referred to separately in connection with the respective service/product.
Insofar as these separate and special conditions for individual service areas deviate from the provisions of these T&Cs, the provisions of the special conditions shall prevail over the respective provision of these T&Cs.
Our services are:
- Language training for individuals (consumer)
- Language training for corporations (client)
- Language training for students in corporations (learner)
- Language training subscription through a third-party application (consumers, clients and learners).
- Translation/copywriting services for individuals (consumers)
- Translation/copywriting services for corporations (clients)
The services associated with points 5 and 6 are covered in our T&Cs:Translations. The T&C’s outlined in this document only apply only to areas of our training offering.
1.3
1.3. The contractual partner is executive english, located at Highdean,Paccombe, Salisbury, SP52JJ, UK unless another contractual partneris expressly designated in the context of a special offer.
2. Prices and terms of payment
2.1
For the respective services and/or products offered by executive english, the prices stated at the time of the order shall apply.
2.2
The prices shown on www.eenglish.de or in printed materials of executive english are final prices. Where applicable, VAT treatment shall follow the relevant tax regulations. For business customers established in the European Union, the reverse charge mechanism may apply pursuant to applicable VAT regulations.
2.3
For consumers, the prices corresponding to the respective services or product descriptions on www.eenglish.de apply. Consumers undertake to pay these prices. In the case of online training booked through our website, payment is due when ordering the service or product. The same applies to any services subscribed to.
2.4
We accept payments via SEPA bank transfer, credit card, and PayPal. Credit card and PayPal payments are processed through third-party payment service providers.
By using these payment methods, consumers agree to their payment data being processed by the respective provider in accordance with their terms and privacy policies. executive english is not responsible for the operation, availability, or security of these third-party payment services.
Any issues related to the payment transaction (including delays, processing errors, or failed payments) should be addressed with the respective payment service provider.
2.5
For clients, the prices to be paid correspond to the respective services or product descriptions contained in the final offer issued by executive english. The client undertakes to pay this price. executive english will send an invoice at the beginning of the following month for the previous month. The payment period is 14 days from the invoice date.
2.6
Unless otherwise stipulated in special circumstances, the offers created automatically by executive english via www.eenglish.de and submitted electronically to clients and consumers are binding and indicative of the intention to conclude a contract with executive english.
Offers sent by executive english staff that include the Terms and Conditions shall be considered accepted when the course begins.
When ordering through www.eenglish.de, the contract is concluded when the client submits their order to executive english.
3. Cancellations
3.1 Workshops, Live-Sessions
Cancellation of a corporate workshop (client) is possible free of charge up to four (4) weeks before the start of the session. In the event of cancellation after this period but before the start of the session, 50% cancellation fees will be charged on the tuition fees. In the event of cancellation up to seven (7) days before the start of the lesson, the full price of the group course will be due.
A cancellation of an online workshop (consumer) up to seven (7) days before the start of the lesson is free of charge. After this time, cancellation fees amounting to 100% of the workshop costs will apply.
A cancellation of an online live-session (consumer) is permitted up to 24 (twenty-four) hours in advance.
3.2 Corporate Courses (courses running for over four weeks)
These contracts may be terminated with four weeks’ notice to the end of a calendar month, but no earlier than four weeks after the start of the course or the expected start date.
If the client continues to participate in teaching units after the agreed duration of instruction has expired, this shall be deemed to be an extension of the contract to the currently valid contractual terms and conditions.
3.2.1 Individual Courses
If the learner cannot attend a lesson (e.g. due to illness, vacation, professional hindrance, etc.), the lesson must be cancelled with 24 (twenty-four) hours' notice, otherwise the fee must still be paid in full.
Cancellations must be made in writing (e-mail) or via telephone/SMS. The cancellation must be acknowledged by the trainer in order to be effective.
3.2.2 Group Courses
If a learner cannot attend a lesson (e.g. due to illness, vacation, professional hindrance, etc.), the trainer must be notified as soon as possible.
The group course will normally still take place. If several students cancel, the trainer may contact remaining participants to confirm whether the session should still be held.
3.3. Consumer courses
Termination without notice of both contracting parties is only possible in exceptional cases. If the client does not meet their payment obligation and falls into arrears accordingly, executive english is entitled to terminate the contract without notice.
Any termination must be in writing in order to be effective.
4. Special conditions external providers
4.1 Loora AI
executive english has an affiliate programme (for consumers) and a partner programme (for clients) with Loora AI.
Loora AI, developed by Loora A.I Ltd., operates primarily as a subscription-based mobile application with in-app purchases managed through the Apple App Store.
4.1.2 For consumers
All subscriptions, renewals, refunds and billing matters related to Loora AI are governed exclusively by the terms and policies of the provider.
Please note, for example, that subscriptions automatically renew at the end of each term unless cancelled (monthly, 3-months, annual).
To avoid renewal charges, users must turn off auto-renewal in their iPhone Settings at least 24 hours before the current period ends.
Consumers and clients should familiarise themselves with the third-party provider’s own terms and conditions before subscribing to either the affiliate or partner programme.
4.1.3. For clients
Subscriptions and renewals are all managed via executive english and our customer portal. This lies within our area of responsibility. Clients should familiarise themselves with the third-party provider’s own terms and conditions before subscribing to either the affiliate or partner programme.
4.1.4
Technical issues or system requirements that learners may encounter using the Loora app are to be managed by the client’s internal IT resources and are not the responsibility of executive english.
4.1.5
For transparency purposes, executive english does make a 25% commission on its affiliate programme but is able to offer consumers a 10% discount.
There is no commission on the partner programme, but we are at liberty to make a mark up to cover the costs of administering large volumes of learners.
4.2 Zoom, Webex or Microsoft Teams
If you participate in one of our digital courses via Zoom, Webex or Microsoft Teams, participation requires the use of these third-party platforms.
By joining a session, participants accept the respective provider’s terms of use.
executive english does not actively transmit participant data to these providers beyond what is technically required to establish the connection.
Digital sessions may occasionally be recorded for learning purposes and shared exclusively with the participants of that session. Such recordings are password-protected and distributed only via the executive english email system.
5. General system requirements
The consumer or client is responsible for ensuring the proper functionality and maintenance of their computer, telephone, or internet connection.
executive english does not guarantee that all services will function on every device configuration.
All costs associated with internet access or technical equipment required to participate in online courses shall be borne solely by the participant or client.
6. General
6.1 For clients
executive english sessions are subject to the availability of qualified teachers. executive english does endeavour to provide the same trainer whenever possible.
But if a trainer is unavailable, executive english may appoint a substitute trainer. There is no contractual entitlement to a specific teacher.
If a substitute trainer cannot be found the client will be reimbursed at the end of the month.
6.2 For consumers
Booking live-sessions via our Trainerhub, a different policy applies. Here, executive english uses an automated calendar booking system.
In rare occasions diary conflicts may occur. In the event of this, consumers will usually have their session hosted by a replacement teacher. They will not be notified of this change.
If however, no replacement can be found, the consumer will be notified and the session cancelled and their money refunded.
6.3 For clients and consumers
executive english does not guarantee specific learning outcomes or CEFR level progression.
Estimated hours required to reach certain learning goals are based on professional experience and may vary depending on the individual learner.
We are able to offer CEFR level certificates but these are not recognized as formal qualifications, which require official testing.
7. Liability
executive english shall be liable for damages only in cases of intent or gross negligence.
In cases of negligent breach of essential contractual obligations (cardinal obligations), executive english shall only be liable for foreseeable damage typical of the contract.
These limitations of liability do not apply to injury to life, body or health.
Liability under applicable product liability legislation remains unaffected.
8. Non-disclosure
executive english undertakes not to disclose to third parties any confidential information or documents obtained in connection with the execution of this contract.
Confidential information may only be shared with employees or authorised agents where necessary for the performance of contractual obligations.
All employees and agents (including trainers) of executive english are bound by appropriate confidentiality obligations.
9. Governing law, jurisdiction and dispute resolution
This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
The parties agree that any dispute arising out of or relating to this Agreement shall first be resolved amicably through good-faith negotiations.
If the dispute cannot be resolved within a reasonable period, it shall be finally resolved by arbitration seated in London, United Kingdom, conducted in the English language in accordance with the Rules of the London Court of International Arbitration (LCIA).
The arbitral award shall be final and binding upon the parties.
For the purposes of recognition and enforcement of jurisdiction agreements where applicable, the parties acknowledge that this clause constitutes an exclusive choice of court agreement within the meaning of the 2005 Hague Convention on Choice of Court Agreements.
10. Severability
f any provision of these Terms and Conditions is or becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a legally permissible provision that most closely reflects the economic purpose of the original provision.
11. Data protection
executive english processes personal data exclusively in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and applicable national data protection regulations.
Personal data provided by consumers, clients, or learners will be processed solely for the purpose of fulfilling contractual obligations, providing training services, managing customer relationships, and complying with legal obligations.
Where external service providers (such as video conferencing platforms, payment providers, or learning platforms) are used, such providers shall process personal data only to the extent necessary for the provision of the respective service and in accordance with their own applicable privacy policies.
Further details regarding the processing of personal data can be found in the executive english Privacy Policy available on eenglish.de/datenschutzerklaerung
12. Force majeure
executive english shall not be liable for failure or delay in performing its contractual obligations where such failure or delay results from events beyond its reasonable control.
Such events include, but are not limited to:
- natural disasters
- pandemics or public health emergencies
- war, terrorism, or civil unrest
- government actions or restrictions
- power failures or telecommunications disruptions
- widespread internet outages
- strikes or labour disputes beyond the control of executive english.
If such an event occurs, executive english shall inform the client without undue delay.
Contractual obligations shall be suspended for the duration of the force majeure event.
If the force majeure event continues for more than 60 days, either party may terminate the affected contract without penalty.