Building careers, boosting business

Avenida Paulista, 1636 15º andar, Conjunto 4
Bela Vista, São Paulo - SP, Brasil, 01310-200

Accounting for a better world

Avenida Paulista, 1636 15º andar, Conjunto 4
Bela Vista, São Paulo - SP, Brasil, 01310-200

TERMS AND CONDITIONS FOR THE PROVISION OF EDUCATIONAL SERVICES​

 

By this particular instrument of CONTRACT FOR THE PROVISION OF PROFESSIONAL DEVELOPMENT SERVICES, ON THE ONE HAND, SHP Treinamento Ltda, headquartered at Avenida Paulista, 1636, 15º andar, Conjunto 4, Bela Vista, 01310-200, São Paulo, SP, registered with the CNPJ/MF under No. 20.337.870/0001-68, referred to simply as “SHP Treinamento” or CONTRACTOR, hereby represented in the form of its Bylaws and,  on the other hand  {{student’s full name}}, holder of the CPF {{CPF student}}, and RG {{RG student}} resident of {{street}}, number {{number}}, {{complement}}, neighborhood: {{neighborhood}}, {{city}} – {{state}}, zip code {{zip code}} and e-mail address {{student e-mail}}, now simply called CONTRACTOR, in fair and contracted terms:

CLAUSE ONE – THE OBJECT

The purpose of this Agreement is to provide preparatory courses aimed at professional development to the CLIENT, who will attend the course for which he/she has enrolled, in accordance with the specifications set forth in Annex I, an integral part of this Agreement.

Paragraph One: This course falls into the category of FREE COURSES, not being under the tutelage of the MEC (Ministry of Education) and, therefore, not being recognized by it. The educational services provided by the Company consist of providing course content with the objective of developing technical and practical training and specific skills for professional purposes.  

 

Paragraph Two: The services provided by the CONTRACTOR consist of a professional method, consisting of a learning path with various contents, which are developed according to the level of need of what is required for the purposes of technical, practical and specific skills training in their professional areas.

CLAUSE TWO – COURSES

The CLIENT must register for each course within the deadlines and conditions established by the CONTRACTOR, and the registration for each course will be formalized and perfected with the signature of the enrollment application and this Agreement, by electronic means, a procedure that will be considered valid and accepted for all legal and legal purposes linked to the fulfillment of this contract.

Paragraph One: The CLIENT is not allowed to attend the study platform without the due payment of fees and installments within the defined deadlines. If this happens, the CLIENT will not be entitled to take advantage of the course, and will not be able to carry out evaluations and other acts foreseen.

Paragraph Two: The Client declares to be aware that:

  1. The course will only be considered completed after approval by the Company, and the conclusion will depend on the effective participation and academic performance of the CLIENT, according to the criteria established by the Company.
  2. The fact of not accessing the course platform does not exempt the Client from paying the installments.

CLAUSE THREE – PAYMENT

The amount and terms of payment will be defined according to the chosen course, as per Annex 1.

 

Paragraph One: The Company is not responsible for amounts charged by banks and their correspondents and not transferred.

Paragraph Two: The Company may negotiate with financial institutions and the like, including so that they may receive directly from the Client the total or partial amount of the credit related to the contracted amount, respecting, until the due date, the nominal amounts of the installments and, after the due date, make use of the proper mechanisms for collection.

CLAUSE FOUR – OBLIGATIONS OF THE CONTRACTOR

  1. The CONTRACTOR undertakes to teach the course as specified in Annex 1 remotely.

  2. It is the sole responsibility of the SERVICE PROVIDER to plan and present the teaching services, teaching material, setting the workload, assigning teachers, didactic-pedagogical and educational guidance, guidance on access to the platform, in addition to other measures that the teaching activities require, obeying its sole discretion, without interference from the CLIENT.
  • The Company hereby declares that it will apply, in its relations with the CLIENT, the principles of good faith and professional ethics, in strict compliance with the legislation.

CLAUSE FIVE – OBLIGATIONS OF THE CONTRACTING PARTY

   

  1. Make the payment of the course installments within the stipulated deadlines and amounts.

  2. Keep your registration up to date and/or communicate, in writing, any change of address, e-mail and contact telephone numbers, under penalty of being considered valid the correspondence sent to the addresses and e-mails contained in this contract, including for the purposes of collection and judicial summons. The Client expressly agrees that the Company may send its correspondence, communications and notifications by electronic means to the address and e-mail address informed in the student’s registration.
  • Access classes and content from the study platform, according to the established schedule.
  1. Carry out the activities and work of the courses, defined in the platform’s learning path.

  2. Not to use the software and means of communication made available by the SERVICE PROVIDER for any purpose other than the monitoring of classes and review of teaching materials, being personally liable for their misuse.

  3. Not to modify, record and/or copy files, passwords, information and/or data of third parties, including those of the Company, without the prior and express written authorization of the owner and/or holder of said data and/or information;
  • Not to infringe the copyrights and/or intellectual property rights of the Company and/or third parties, which includes using, recording, copying in any way, distributing, publishing or quoting the material applied in said training, without prior express written authorization from the Company.

CLAUSE SIX – DEFAULT

Failure to pay the registration fee and/or installments within the stipulated period will constitute the CLIENT in arrears, and the CONTRACTOR must pay the CONTRACTED PARTY the amounts in arrears plus a fine of 2% (two percent), monetary correction based on the variation of the IGP-M (FGV) calculated in the period and default interest of 1% (one percent) per month calculated pro-rata-die,  without prejudice to the Company’s right to block the Client’s access to the lessons.

 

Sole Paragraph: If the default is not purged by the Client within sixty (60) days after the due date of the respective obligations, the Company may:

 

  1. protest this Contract, considering it to be an extrajudicial enforceable title under the terms of the Code of Civil Procedure, as well as protest the overdue payment slips issued in the name of the CLIENT.
  2. include your name in the credit protection services.
  • collect the amounts out of court and/or in court, including through duly contracted third parties, and the Contracting Party is subject to bear all costs, expenses and charges of extrajudicial collection, which is hereby stipulated in the amount of 10% (ten percent) and/or also bear attorney’s fees of 20% (twenty percent) of the total amount of the debt, in the event of judicial collection, plus costs and expenses incurred for any reason.
  1. terminate this Agreement for non-compliance, without the incidence of any penalty, burden and/or obligation to reimburse/reverse any amounts by the Company to the Client.

CLAUSE SEVEN - TERMINATION

This Agreement may be terminated in the following cases:

  1. a) Non-compliance with any of the clauses set forth herein by any of the Parties, in which case a compensatory contractual fine equivalent to 10% (ten percent) of the total value of the installments of the contract will be due.
  2. b) Insolvency, judicial or extrajudicial dissolution, request for judicial reorganization, bankruptcy decree of any of the Parties.
  3. c) In case of request to withdraw from the course, when there is a formal request by the CLIENT to the CONTRACTOR, in which case a contractual fine equivalent to 10% (ten percent) of the total amount of the remaining installments due (outstanding balance of the contract) will be due.
  4. d) In case of abandonment of the course, in which the CLIENT fails to follow the course activities and/or fails to pay any installments for more than 60 (sixty) days, in which case a compensatory contractual fine equivalent to 10% (ten percent) of the total value of the contract will be due.

Paragraph One: Considering that by purchasing the course, the Client has access to all educational content, the Client is responsible for the total value of the contracted course, that is, for the total installments due or to be due, in addition to other debts that may exist, duly updated, regardless of the reasons for termination, except for the ACCA course.

Paragraph Two: Under no circumstances will there be a refund of the installments after contracting, except in cases of repentance, observing the legal term.

Paragraph Three: Under no circumstances will there be a refund of registration fees, regardless of the time or reasons.

CLAUSE EIGHT – THE RIGHT TO IMAGE

  1. The SERVICE PROVIDER, free of any liability to the CLIENT, may use its image for the exclusive purpose of publicizing the courses offered by the SERVICE PROVIDER and its activities, and may, for this purpose, reproduce or disseminate it on the Internet, newspapers, and all other media, public or private.
  2. Under no circumstances may the image be used in a manner contrary to morality or good customs or public order.

CLAUSE NINE – GENERAL CONDITIONS

  1. The Client may access the virtual didactic material developed by the Company through the study platform, and acknowledges that his/her login and password are individual and non-transferable.
  2. All content and/or material related to the course, whether physical and/or digital, is the exclusive property of the SERVICE PROVIDER and is protected by copyright, and may not be marketed, distributed, disclosed and/or made available by the CLIENT to third parties, under penalty of incurring the penalties provided for by law, without prejudice to the recovery of the losses and damages suffered by the SERVICE PROVIDER and immediate termination of this Agreement.
  • Any tolerance in the fulfillment of any of the clauses of this Agreement does not imply a contractual change.
  1. All conditions for access to the study platform will be sent by the SERVICE PROVIDER to the e-mail address provided by the CLIENT.
  2. The Company assumes no responsibility for obtaining visas in the case of foreign students, and it is the Client’s sole responsibility to comply with any visa requirements. The CONTRACTOR gathers student data through the Application Form. This data is stored in a database in order for the Company to communicate the course information and process the Client’s payments. The Company’s privacy policy and financial training procedures are in compliance with the General Data Protection Law (LGPD), however, personal information may be shared with entities and/or universities to meet the course requirements.

CLAUSE TEN - TERM

This Contract is concluded for the duration of the contracted course.

CLAUSE ELEVENTH - JURISDICTION

To settle issues arising from this contract, the Central Court of the District of São Paulo – SP is elected. This Agreement shall be governed by and construed in accordance with Brazilian Law. To settle any issues arising from this Agreement, the Parties elect the Court of the District of São Paulo, to the exclusion of any other, however privileged it may be.

And, because they are fair and contracted, they sign this instrument electronically, and each of the parties receives the copies by e-mail duly signed, so that all legal effects are produced.