TERMS AND CONDITIONS FOR THE PROVISION OF EDUCATIONAL SERVICES
SHP TREINAMENTO LTDA. (hereinafter referred to as “SHP Financial Training”) is a legal entity registered under CNPJ / MF No. 20.337.870 / 0001.68, with its registered office at Av São Gabriel, 665, Jardim Paulista, São Paulo, São Paulo, CEP: 01435-001, which is dedicated to the organization and provision of preparatory courses to obtain international certification (“Courses”).
Considering that SHP Financial Training has an adequate structure to offer training courses and the Contractor (“Student”) is interested in contracting the educational services provided by SHP Financial Training, the parties, in good faith, resolve to enter into this EDUCATIONAL SERVICES CONTRACT (“Contract”), which shall be governed by the following clauses and conditions:
THE CONTRACTING REGIME
Clause 1. Under the conditions agreed between SHP Financial Training and the Student in the Registration Form, the Student contracts the services provided by SHP Financial Training, according to the option made by the Student in the Registration Form, upon payment of the agreed Price.
Clause 2. The modalities of the SHP Financial Training Courses are described as Face-to-Face (at the FECAP University Campus in Liberdade, São Paulo), Online Live (Courses available live over the Internet) and In-company (at the Contractor’s headquarters or at the Contractor’s headquarters).
Clause 3.The Student agrees to attend the entire Course in the modality agreed upon in the Registration Form, and any courtesy or flexibility offered by SHP Financial Training does not imply that the Contractor is obliged to change the modality of the Course contracted by the student, nor to permanently offer any other benefit not previously agreed in writing in the Registration Form.
Clause 4. The Student has the right to free online access to the recorded classes of the Course within one week from the date of the class. Any further access needs will be treated as optional services offered by SHP Financial Training and may incur an additional cost to the Student.
Clause 5. SHP Financial Training offers the Student (on request) the option to test the software to be use for class before signing the contract and is exempt from responsibility for any operational problems that may impair the monitoring of the Course and that are the result of incompatibilities between the operational platform outsourced by SHP Financial Training and the device (computer, mobile or tablet) used by the Student to access the online classes.
THE PLANNING AND ORGANISATION OF COURSES
Clause 6. The planning and organization of the Courses will be the exclusive responsibility of SHP Financial Training, which will be responsible for all the development of the content of the Courses and their teaching materials, the setting of dates, times and places of classes, the definition of holidays and recess of classes, and the selection of teachers. SHP Financial Training may, at its discretion, change subjects, replace teachers, replace the content of classes and take any other action that, at its sole discretion, contributes to the quality of the Courses.
THE PRICE AND PAYMENT CONDITIONS
Clause 7. For the provision of the services object of this Contract, the Student shall pay to SHP Financial Training the amount agreed upon by the parties, being informed preferably by e-mail of this amount.
Clause 8. In case of delay in the payment of the values due by the Student to SHP Financial Training, a penalty of 2% (two percent) and interest of 1% (one percent) per month or fraction, without prejudice to monetary correction, by the IGPM-FGV (or index that may replace it), of the total in delay. If the amount due is not paid within 15 (fifteen) calendar days of the due date, it will be protested in a notary public.
Clause 9. The above-mentioned amount covers, exclusively, the provision of services related to the Course described in the Registration Form and the materials expressly established by SHP Financial Training, and does not cover the cost of exceptional events, training and extra-course activities, which are also optional.
THE CANCELLATION OF COURSES BY SHP FINANCIAL TRAINING
Clause 10. The Courses depend on the confirmation of a minimum number of Students, which is defined by SHP Financial Training based on the investments necessary for the organization of each Course. The SHP Financial Training may, at its discretion, within 5 (five) days prior to the start of the classes, choose to cancel the Course in the event that this number is not reached, in which case it is obliged to inform the Students and refund the amounts already advanced within 10 (ten) days from the notification of cancellation, if the Student does not wish to participate in the next Course.
WITHDRAWAL OR CANCELLATION OF THE COURSE BY THE STUDENT
Clause 11 This contract may be terminated by the Student upon formal request addressed to SHP Financial Training.
- 1º: Request for cancellation before the start of the course: There will be no refund for the first instalment paid to confirm the Student’s place in the programme, due to the operating costs and expenses incurred by the SHP Financial Training for the initialization of the courses. No further instalments will need to be paid;
- 2º: Request for cancellation once the course has started: We ask that Students pay all of the fees for any courses that are in progress (each course is 3 months long and so 3 instalments are payable for each module). No further instalments will need to be paid;
- 3º: Until the formal request for cancellation is presented, the Student shall continue to be obliged to pay for the classes given, without exception, and shall not be reimbursed for any retroactive amounts prior to the date of communication of the cancellation related to the classes.
Clause 12. The replacement of a Student will be allowed, provided that both interested parties request in writing, at least 7 (seven) days in advance of the start date of the classes and provided that the new applicant, according to the evaluation of SHP Financial Training, has sufficient preliminary training to participate in the Course.
THE POSTPONEMENT OF THE COURSE PROGRAMME
Clause 13: The student is entitled to make changes to the course programme (ACCA Roadmap) subject to a fee of R$300.00, the objective of which is to cover administrative costs as well as to encourage student progression. The course instalments are payable monthly as originally agreed, with no break.
- 1: If the Student requests postponement while a course is in progress, this course is treated as cancelled according to Clause 11 above. The remaining courses can be rearranged according to the terms of this Clause (Clause 13).
- 2º: Under no circumstances will there be any replacement of the classes missed by the participants of the training.
THE ABSENCE OF LIABILITY
- 1º: SHP Financial Training will do its best to prepare the Student for the international certification exams to which the Course is directed; however SHP Financial Training does not guarantee the Student’s success in the respective exams, being the exclusive responsibility of the Student the efficiency of his or her preparation and his or her performance in the exams.
- 2º: The Student hereby declares that being aware that ACCA is equivalent to a UK masters degree and the programme of study is rigorous, and undertakes to follow the school’s methodology (preparation for classes, participation in classes and simulations, and completion of exercises after each class), involving a time commitment of approximately 20 hours per week (including both home study and classes).
ACCESS TO INFORMATION AND USE OF MATERIALS, SYSTEMS AND EQUIPMENT FROM SHP FINANCIAL TRAINING.
Clause 15. The Student, in this act, declares and guarantees to SHP Training that: (i) will not use the software and means of communication made available by SHP Financial Training for any purpose except to follow up classes and review didactic materials, being personally responsible for their misuse; (ii) is aware that the classes recorded on the platform will only be available for 1 (one) week after the class date; (iii) will not practice any act that directly or indirectly offends or denigrates the image and name of SHP Financial Training, its teachers, partners, employees and agents; (iv) not modify and/or copy files, passwords, information and/or data of third parties, including SHP Financial Training, without prior and express written authorization of the owner and/or holder of such data and/or information; (v) not infringe the copyright and/or intellectual property rights of SHP Financial Training and/or third parties, as described herein: use, copy in any way, distribute, publish or quote the material applied in said training, without prior express written authorization from SHP Financial Training.
STATEMENTS AND GUARANTEES FROM SHP FINANCIAL TRAINING
Clause 16.The SHP Training, in this act, declares and guarantees to the Student that: (i) will apply, in its relations with the Student, the principles of good faith and professional ethics, with strict observance of the legislation in force; and (ii) will spend its best efforts to provide the services that are the object of this Agreement.
Clause 17. It is the full responsibility of the Student to comply with any visa requirements.
Clause 19: The Student authorises SHP Financial Training, free of charge, to use their name and image for dissemination, by any means.
Clause 20. This Contract is concluded for the duration of the Course, as set out in the course timetable.
Clause 21. The student hereby declares that he/she has been informed of the duration of the course.
Clause 22. The non-attendance of the student in classes does not preclude the payment of monthly instalments to SHP Financial Training.
Clause 23. Either Party may consider this Contract terminated immediately in the following cases: (i) breach, by the opposing Party, of any obligation assumed in this Instrument, provided that such breach cannot be remedied or, if it is possible to remedy it, it is not remedied within 30 (thirty) days from receipt, by the infringing Party, of written notice from the injured Party, in which case the infringing Party shall be liable for the losses and damages it causes, without prejudice to the application of the fines provided for in this Agreement, as applicable; and (ii) insolvency, judicial or extrajudicial recovery or declaration of bankruptcy of the opposing Party. SHP Financial Training may also consider this Agreement terminated by operation of law when the Student, by his conduct, puts at risk the security, image or good progress of the Course, without prejudice, in this case, to the collection of the applicable fines under this Agreement.
JURISDICTION AND JURISDICTION
Clause 24. This Agreement shall be governed by and construed in accordance with Brazilian Law. To resolve any issues arising from this Agreement, the Parties elect the District Court of São Paulo, to the exclusion of any other however privileged.