SPRACH SYSTEM LLC, TERMS AND CONDITIONS

Purpose and Use

Sprach System, LLC and its affiliates, including, without limitation, Idiomas Real, SC (collectively, ”Sprach System,” “we,” “our,” or “us”) To ensure optimal service, we have established these Terms and Conditions, which explain the rules of use of our service. By continuing to use our service, clients agree to be legally bound and to abide by the terms set forth below.

Please read and agree to the terms and conditions below regarding any enrollment made with the Sprach System LLC. By providing your acceptance, you agree to all terms and conditions regarding this enrollment.

  1. PROFICIENCY LEVELS

A. Levels of Competence and Duration. We teach five (5) levels of language proficiency: 1. Elementary, 2. Pre-Intermediate, 3. Intermediate, 4. Basic Working Skills, and 5. Advanced Working Skills, each one with an average duration of approximately 200 hours of instructional sessions in a private English learning program and starting from basic knowledge. Group sessions require more hours of instruction, and it depends on the number of Clients per group. The duration of the proficiency levels has a wide and indefinite range of variability and it may be much faster or slower depending on the performance of the Client, on the language learned, the Client’s session attendance and punctuality, homework, study, motivation, interest, practice outside of the sessions, continuity of the program (e.g. canceling the program for one or more month) or any mental disability.

B. PAYMENT, ENROLLMENT, AND SESSIONS SCHEDULING POLICIES

  1. Sessions will be given at a pre-established time cycle agreed with the client. The term of this agreement is for 1 month and it will be renewed automatically unless the Client decides to withdraw; in case of an impediment to continue their sessions, the Client will notify our coordination at time@sprach.com no later than 5 business days before the start of their new month. Otherwise, their new agreed cycle will be scheduled and therefore the corresponding tuition will be charged.
  2. This enrollment includes a non-refundable enrollment fee.
  3. Fees are paid in full before the start of the training period agreed with Sprach System, unless otherwise agreed in writing with the Sprach representative.
  4. Sprach System sessions will be scheduled upon our approval and will be taken by our clients through an online teleconference medium chosen by us, or through in-person sessions at a specified location, when so it has been agreed.
  5. In case of a client’s delay in their scheduled session, the instructor will wait up to 50% of the duration of the session, from this moment the instructor will have the right to withdraw; the session will be considered as given and therefore will be charged for.
  6. Considering force majeure situations, the Client may reschedule up to 25% of the sessions scheduled per month of his Private sessions, to do this the Client must contact us no later than the business day before the scheduled session until 5:00 PM to the e-mail time@sprach.com. Working days are Monday thru Friday, excluding holidays. If notification is received after 5 p.m. of the working day or not at all, the Client will be charged for the sessions scheduled and not taken. Sessions canceled on time will not be deducted or reimbursed in money from the agreed monthly payment. Public Group sessions may not be rescheduled.
  7. The Client with active registration will reschedule any Private session canceled on time within the following month and outside of their regular schedule, or may add time to subsequent sessions. Any sessions not taken within the following month will expire and will be forfeited. Group sessions may not be rescheduled.
  8. The Client taking Private Sessions may change their schedule upon our availability, by scheduling 5 business days before the start of their new monthly cycle, for this, the Client should contact our coordination at time@sprach.com.
  9. As a security measure for the physical integrity of our clients; our coaches will refrain from continuing a session if they detect that the client is driving a vehicle or operating any machinery that may involve risk. If this is the case, the coach will ask the client to stop their activity, driving or operating a machine, to continue the session. If the client refuses to stop their activity, the coach will have the right to end the session- This session will be considered as given and charged for.
  10. To comply with the learning program, we will freely assign the sessions to different instructors every month or more regularly.
  11. Private or group sessions may be transferred to another person, in which case new enrollment fee will be charged. If you wish to transfer your paid period to another person, you must inform us 5 workdays in advance before the beginning of the new monthly cycle.
  12. Sprach System supervisors may monitor, observe or record the instruction sessions for training and quality assurance.
  13. The Client must pass the Sprach System language skills test to receive a Certificate of Achievement per level.

C. CANCELLATION

Thank you for your interest in learning with us. We work hard to satisfy your language learning needs and we will support you in a personalized manner, if you have a complaint please contact us at admin@sprach.com

  1. The term of this agreement is for 1 month and it will be renewed automatically unless the Client decides to withdraw; in case of an impediment to continue their sessions, the Client will notify our coordination at time@sprach.com no later than 5 business days before the start of their new month. Otherwise, their new agreed cycle will be scheduled and therefore the corresponding tuition will be charged.
  2. If you wish to cancel a course you must put your request in writing and send it to admin@sprach.com. The following cancellation conditions apply:
  3. Enrollment Fee. A non-refundable enrollment fee is required for all programs.
  4. GROUP PROGRAMS
    For Public Group programs, there are no refunds or schedule changes. Public Group/Semi-private Clients can receive a complete refund if Sprach System is unable to form a group and refunds will be refunded to the party who remitted the funds.
  5. PRIVATE SESSIONS PROGRAM.
    For Private programs, there are no refunds, yet sessions may be transferred to another person, in which case new enrollment fee will be charged. If you wish to transfer your paid period to another person, you must inform us 5 workdays in advance before the beginning of the new monthly cycle.
  6. Refunds for overpayment: Refund checks are issued in the client’s name. Sprach System will hold the refund for a minimum of two weeks from the original payment date to allow for check clearance. If a Client requests a refund on a payment made by bank card, Sprach System will apply the refund to the same bank card account used in payment.
  7. If a refund is granted it will be generated within 60 days.
  8. The Client with active registration will reschedule any Private session canceled on time within the following month and outside of their regular schedule, or may add time to subsequent sessions. Any sessions not taken within the following month will expire and will be forfeited. Group sessions may not be rescheduled. 

Responsibility

Sprach System does not monitor all activity on its websites but reserves the right to do so.
Security
Users are prohibited from violating or attempting to violate the security measures on the websites, including, without limitation:
• Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
• Disclosing a password or permitting a third-party to use a password or failing to notify Sprach System if a password is compromised;
• Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing”;
• Sending unsolicited email, including promotions and/or advertising of products or services;
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or
• Hijacking all or any part of the website content, deleting or changing any website content, or linking to the websites without our specific written permission.

General Rules
Users agree to use the websites only for lawful purposes. Users may not use the websites to post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates Sprach System, its subsidiaries and/or affiliates, or a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

Violations
Sprach System has absolute discretion to determine if any user violates these rules, and to act as it deems appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. Sprach System will investigate occurrences that may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Termination of Usage
Sprach System may terminate or suspend a user’s access to all or part of the websites, without notice, for any conduct that Sprach System, in its sole discretion believes violates these Terms of Use, any applicable law, or is harmful to the interests of another user.

Submissions
Sprach System’s policy is not to accept or consider any unsolicited ideas or materials of any kind. Do NOT submit any such materials. If you violate this prohibition, we reserve the right to consider all materials submitted as non-confidential and free of any claims of proprietary or personal rights. Such material and all rights will be our property, free and clear of any claims by you or others, and we will be able to use them for any purpose, including advertising and promotion, without compensation or any other obligations to anyone, including you.

Internet and Links
Sprach System assumes no responsibility for the security of our websites or your communications with our websites on the internet. It is strictly prohibited to link other sites with our websites without Sprach System’s prior written permission. We may permit some links for convenience, but Sprach System is not responsible for any unaffiliated sites to which it is linked or for material posted to our websites by anyone other than Sprach System. Links to unaffiliated sites or resources do not imply any endorsement by Sprach System of such sites or resources or the content, products, or services available from such sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites or resources. Sprach System makes no representations or warranties about the content, completeness, or accuracy of the links or the sites linked to our websites. Please note that the site rules and privacy policies of linked sites may differ from those of Sprach System and should be reviewed by you when you access any other site.

Prohibited Uses
It is strictly prohibited to disrupt or damage our websites, their contents, or their security measures or to harass or disparage Sprach System or our products or services or personnel. No unsolicited email (spam) may be directed to or through our websites.

Digital Millennium Copyright Act (“DMCA”) Notice
Sprach System, LLC owns, protects, and enforces copyright in its own creative materials and respects the intellectual property of others. Our websites contain materials of third parties and links to third-party sites, portals, and directories. As a result, materials of third parties, not owned or controlled by Sprach System, are included in or linked to our websites or are stored or transmitted by or over the Sprach System websites. To the best of Sprach System’s knowledge, these materials do not infringe the copyrights of others. Upon receipt of a proper notice of claimed infringement (the next paragraph explains how to give proper notice), Sprach System will respond expeditiously by removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of Sprach System to terminate its relationships with third parties who repeatedly infringe the copyrights of others where such parties are known to Sprach System to be repeat infringers in connection with their use of the Sprach System websites, links, or storage and communication systems and networks.

How to Provide Notice of Infringement Claims
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sprach System’ Agent for Notice listed below with the following information in a written notice:

  1. An identification of the copyrighted work (or a list of copyrighted works) that you claim has been infringed upon;
  2. A description of the material that is claimed to be infringing and provide enough detail that we may find it on our websites;
  3. Your address, telephone number, and email address;
  4. A statement that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law;
  5. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and,
  6. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
    Sprach System’ designated Agent for Notice of claims of copyright infringement can be reached as follows:
    • Service Provider: Sprach System, LLC.
    • By mail: Sprach System, LLC. Attention: Legal Department, Sprach System, LLC, 24330 Kee Cresta ct, Katy Texas 77493
    • By phone: (52) 55 4025-4668
    • Email: admin@sprach.com

Sprach System follows the procedures outlined in the DMCA about appropriate notifications of the user and the complaining party, acceptance of counter notifications, and where indicated, “putback” of the alleged infringing material. Refer to the United States Copyright Office for the provisions of the DMCA at www.loc.gov/copyright/legislation/dmca.pdf.

Disclaimers
OUR WEBSITES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED, ABOUT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, SPRACH SYSTEM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
SPRACH SYSTEM MAKES NO WARRANTY THAT THE WEBSITES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SPRACH SYSTEM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITES OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY SPRACH SYSTEM CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITES.
SPRACH SYSTEM DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE WEBSITES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SPRACH SYSTEM DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF OUR WEBSITES.
Indemnity
You agree to defend, indemnify, and hold Sprach System, its subsidiaries, affiliates, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the websites or content, or your violation of these Terms of Use.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITES AND CONTENT REMAINS WITH YOU. Neither Sprach System nor any other party involved in creating, producing, or delivering the websites or content will be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising out of or in connection with these Terms of Use or from the use of or inability to use the websites or content, whether based on warranty, contract, tort (including negligence), negligence, product liability or any other legal theory, and whether or not Sprach System has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. SPRACH SYSTEM WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITES. In no event will Sprach System’ aggregate liability arising out of or in connection with these Terms of Use or from the use of or inability to use the websites, or content exceed twenty-five U.S. dollars ($25).
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Sprach System’s liability will be limited to the fullest extent permitted by applicable law.
If you are dissatisfied with any portion of the websites, or with these Terms of Use or any other policy applicable to the websites, your sole and exclusive remedy is to discontinue using the websites. This sole and exclusive remedy is separate and independent of any other provision that limits Sprach System’s liability or your remedies.
Applicable Law
Our websites are controlled by Sprach System in Texas, USA. By using the websites, regardless of where you live or are located in the world, you agree that these Terms of Use and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action concerning the subject matter of these Terms of Use will be the state and federal courts located in Texas, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Acceptance
By using the websites, the user accepts and is subject to the terms and conditions outlined in this Terms of Use which govern all use and all results thereof.
Revision
Sprach System reserves the right to make changes to the websites and to the terms and conditions outlined in this Terms of Use at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the websites. Your continued use of the websites indicates your acceptance of any modifications to these Terms and Conditions.
Miscellaneous
If any part of the Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The Terms of Use constitute the entire agreement between Sprach System and you regarding the websites.
Warning: ANY USE OF THE WEBSITES IN VIOLATION OF THESE RULES CONSTITUTES TRESPASS AND/OR INFRINGEMENT OF THE RIGHTS OF SPRACH SYSTEM AND MAY RESULT IN LEGAL ACTION AGAINST YOU.