Distance contract

This is a distance contract between SIA "ALPFY", registration No. 48503025227, legal address: Kalna iela 16 - 6, Saldus, Saldus nov., LV-3801, (hereinafter - the Contractor) on the one hand and the person ordering the training course through the www.uxtribe.eu website and having confirmed that they agree to the provisions of this Agreement, (hereinafter - the Customer), on the other hand. Both parties, hereinafter referred to as the Customer and the Contractor or together - the Parties or each separately - the Party, enter into such an Agreement.

1. Agreement Subject

1.1. The Customer places an order with the Contractor and undertakes to make the appropriate payment. The Contractor undertakes to provide the Customer with the intensive training course chosen by the Customer in accordance with Article 1.2 of the Agreement. (hereinafter referred to as the Service).

1.2. The Contractor shall provide any of the intensive training courses selected and requested by the Customer, namely the Services with their own resources. The Contractor offers the following courses within the Service scope, but not only:

1.2.1. UX design course;

1.2.2. Web design course; ‍

1.3. The Contractor is entitled to supplement the range of training courses offered and to change the schedule of training courses at any time, by posting information about the latest training courses on the website www.uxtribe.eu.

1.4. The provision of the Services shall commence from the moment the Parties have signed this Agreement and shall be provided until the Parties agree to terminate the provision of the Services in accordance with the provision of the Agreement.

1.5. If during the term of the Agreement the Customer needs additional Services provided by the Contractor, which are not provided in the clause 1.2 of the Agreement, the Contractor, upon the receipt of the Customer's request undertakes the revision and, on the basis of a written agreement, which becomes an integral part of the Contract, provides other services not specified in Clause 1.2 of the Contract to the Customer.

2.Service fee and payment procedure

‍2.1. The Customer is entitled to order the Service using the website www.uxtribe.eu, selecting the desired Service, the date of commencement of the Service and indicating the information required for registration.‍

2.2. After filling in the registration form, the Contractor shall contact the Customer electronically, using the e-mail address indicated in the registration form, confirm a successful reservation and sending the invoice and all necessary information related to the selected Service.

2.3. In accordance with clause, 2.2. after the Customer has filled in the registration form, the Contractor shall send the Customer a prepaid invoice for the Service to the e-mail address specified by the Customer in the registration form. The Customer undertakes to pay for the Service either before or after attending the free introductory lecture, but in accordance with the payment term specified in the invoice.

2.4. The Contractor shall provide the Customer with one free introductory lecture in which the Contractor introduces the content of the relevant training course, namely the Service.

2.5. The Customer shall pay the Contractor a one-time fee for receiving the Services, in accordance with the invoice issued by the Contractor or, upon agreement with the Contractor, divide the payments into four payments and pay in full within the term specified by the Contractor.

2.6. The Service Fee includes all expenses related to the provision of the Service, assuming that the Customer successfully completes the course. In case the Customer does not pass the exam prepared by the Contractor, an additional fee is applied for the repeated exam.

2.7. The Parties agree that the Contractor shall prepare the invoices in electronic form and send them to the Customer to the electronic mail address specified by the Customer. The issued invoice is valid without the signature of the Contractor's responsible person.

2.8. The invoice shall be deemed received 1 day after sending the electronically prepared document to the Customer's e-mail address in accordance with Article 2.3 of the Agreement. The Payment shall be deemed having been made on the day on which the Contractor has received the invoiced amount in their bank account.

3.Rights and obligations of the parties

3.1. Rights and obligations of the Customer:

3.1.1. If the Customer has substantiated objections to the performance of the Services, the Customer shall notify the Contractor thereof in writing. The Contractor shall eliminate the deficiencies of the Services indicated by the Customer within a reasonable time, or the Parties shall agree in good faith of another type or scope of provision;

3.1.2. The Customer shall inform the Contractor of any changes related to the provision of the Services without undue delay.

3.1.3. The Customer is entitled to exercise the right of withdrawal from the Services without providing a reason, as referred to in Chapter 4 of this Agreement;

3.1.4. By filling in the Service registration form on the www.uxtribe.eu website, the Customer undertakes to get acquainted with the information provided by the Contractor about the Service, namely, the time schedule of training courses, the price of the Service and the indicated lecturer.

3.2. Rights and obligations of the Contractor:

3.2.1. The Contractor shall provide the Services specified in the Agreement in a qualitative and timely manner, in accordance with the provisions of the Agreement, in accordance with the information about the Service, applicable laws and regulations and generally accepted market practice indicated on the website www.uxtribe.eu;

3.2.2. At the Customer's request or at the Contractor's initiative (in cases where it is necessary or expedient to meet the Customer's interests), the Contractor shall provide the Customer with information on any changes in the Service schedule, lecturers or prices, as well as any other circumstances affecting or that may affect the provision of Services;

3.2.3. The Contractor shall inform the Customer about the need to submit additional information to ensure the performance of the Contract without undue delay;

3.2.4. If the Customer has justified objections to the performance of the Services, the Contractor shall, without undue delay, eliminate the deficiencies reasonably indicated by the Customer, or the Parties shall agree in good faith on another type or amount of provision of the Services;

3.2.5. The Contractor provides the Services using only the knowledge and skills of its staff. If necessary, the Contractor may transfer the performance of the Service or a part thereof to third parties at its own expense;

3.2.6. If the Contractor transfers the provision of the Services or a part thereof to third parties, the Contractor shall remain fully liable to the Customer for the provision of the Services in accordance with the provisions of the Agreement, as well as for any losses caused by third parties.

3.2.7. The Contractor has the right to receive the Service fee in a timely manner in accordance with the provisions of the Agreement.

3.3. The Parties shall be liable to each other for non-performance or improper performance of their obligations under this Agreement and shall indemnify the other Party for the losses incurred in such a case. Indemnification does not release the Parties from further obligations.

3.4. The Contractor is not obliged to continue to provide the Services if the Customer has not paid the Service fee on time, within the term specified in the Contractor's invoice.

4. Right of withdrawal

4.1. If the Customer is a consumer (an individual who purchases the Services for a purpose not related to their economic or professional activity), hereinafter referred to as the Consumer, then the following provisions shall apply, in which the Consumer has the right of withdrawal.

4.2. The consumer has the right to withdraw from this Agreement within 14 days without providing a reason. The term of exercising the right of withdrawal expires after 14 days from the date of concluding the Agreement.

4.3. In order to exercise the right of withdrawal, the Consumer must send a duly completed withdrawal form or a clear free-form statement containing the Consumer's name, address, telephone and e-mail address, service provider, date of commitment or the date on which the consumer has applied for the service to the Contractor to the email address edijs@ideapartners.co.

4.4. In cases when the Consumer exercises their right of withdrawal from receiving the Services reserved on the Contractor's website within a time frame stated in section 4.2. and the Consumer has not yet made a one-time full payment of the selected Service fee, the Consumer is entitled to refuse the Service without paying the Service fee. In this case, the Contractor is entitled to deny access to further receipt of the Service.

4.5. In cases when the Consumer exercises their right of withdrawal from receiving the Services reserved on the Contractor's website within a time frame stated in section 4.2. and the Consumer has made a one-time full payment for the selected Service, as a result of which they have already gained access to part of the Service, ie attended part of the training courses, the Contractor reserves the right not to refund the payment to the Consumer until the right of withdrawal, ie payment for the Services that the Consumer has already used, instead returning the payment in proportion to the unused amount of the Service.

4.6. In order for the time limit for the right of withdrawal to be observed, it is sufficient if the Consumer sends his notice of the exercise of the right of withdrawal before the expiry of the right of withdrawal.

5. Term and Termination of the Agreement

‍5.1. The Agreement enters into force when the Customer has submitted the Service registration form on the website www.uxtribe.eu and has agreed to the terms of the Agreement, and is valid until the Parties agree on its termination or one of the Parties terminates it in accordance with the provisions of the Agreement.

5.2. Either Party may terminate the Agreement by notifying the other Party in writing at least 30 (thirty) days in advance. Termination of the Agreement does not release the Parties from the obligation to fulfil their obligations arising from the Agreement until the termination of the Agreement.

5.3. The Customer may terminate the Agreement by notifying the Contractor 10 (ten) days in advance if the Contractor does not provide the Services or does not comply with the conditions for the provision of the Services.

5.4. The Contractor may terminate the Agreement by notifying the Customer thereof, if the Customer has not paid the Service Fee within the specified settlement term.

5.5. In case of termination of the Agreement, the Contractor reserves the right not to return the payment to the Customer for the services received under this Agreement, except in cases where the Customer exercises the rights referred to in Chapter 4 of this Agreement.

6. Confidentiality

6.1. This Agreement, its terms, as well as any information provided during the preparation and operation of the Agreement about the other Party, its business, the content of the Service, personnel and customer data, information systems and their security obtained by one Party from the other party orally, visually, in writing , electronically or otherwise for the conclusion and enforcement of the Agreement, shall be confidential and shall not be disclosed to third parties without the written consent of the other Party.

6.2. Confidential information that meets the conditions provisioned in Agreement clause 6.1 is not applied to facts, information, knowledge, documents or other things which:

6.2.1. were published or otherwise made available to the public at the time of receipt;

6.2.2. upon receipt by the Parties, have been published or have become generally available to the public in a manner other than by any act or transfer of the Party receiving them.

6.3. The Parties may disclose the confidential information as mentioned in Article 6.1 of the Agreement to third parties only if the third parties have a right to receive such information as specified in regulatory enactments, or the information is disclosed to protect or ensure the fulfilment of the rights and obligations of the Parties under this Agreement. The Party which has disclosed the information in the cases specified in this paragraph shall immediately inform the other Party.

6.4. Parties are bound by the obligation of confidentiality for an indefinite period of time even after the termination of this Agreement.

7. Personal data processing

7.1. The Contractor has the right to collect, receive and process information related to the Customer insofar as it contributes to the performance of the Contract.

7.2. If within the framework of the performance of the Agreement, the Customer transfers personal individual data to the Contractor (hereinafter - Data), then the Customer is responsible for the accuracy of the transferred Data and the fact that it is entitled to transfer the Data to the Contractor.

7.3. The Contractor undertakes to process the Data received within the framework of the Agreement only for the purposes of the Agreement, namely to provide Services, ensure the functionality of the Service Registration Form, provide Services in accordance with the Agreement, fulfiling the instructions provided by the Customer and complying with the requirements of binding legislation of the Republic of Latvia and guarantying the protection of the data subject's rights.

7.4. The Contractor undertakes not to store the Data for longer than is necessary for the purpose for which they were transferred.

7.5. The Contractor shall not process the Data for personal use, ie the Contractor shall not carry out any further research, analysis or profiling activities involving the use of any identifiable Data Subject Data, nor shall the Contractor use the Data Subject Data to provide its services to third parties or transfer them to third parties.

7.6. The Contractor is entitled to use the services provided by other personal data processors and to transfer the Data to the processors with whom a service agreement has been concluded, to the extent necessary to implement the Contractor's legitimate interests and the provided Services.

7.7. The Contractor shall inform the Customer about the existing and future processors with whom a service agreement has been concluded or will be concluded during the term of this Agreement.

7.8. The Customer is invited to get acquainted with the existing personal data processors, with whom an agreement on the processing of personal data has been made, in the Contractor's privacy policy. Upon concluding a new agreement on the processing of personal data with another processor, the Contractor's privacy policy shall be changed immediately, but not later than within 3 working days, and the Customer shall be invited to get acquainted with the updated information.

7.9. The Contractor shall ensure that its employees or other persons authorized to process the Data provided by the Customer in accordance with the Agreement have undertaken to observe confidentiality or that they are subject to the confidentiality requirements specified in the Agreement. The Contractor shall restrict the access of employees or other persons to the Data to the extent necessary to fulfil the Contractor's obligations to the Customer.

8. Force majeure

‍8.1. The Parties shall be released from full or partial liability for being unable to perform their obligations under the Agreement if it arises, after the entry into force of the Agreement as a result of force majeure or extraordinary circumstances beyond the Party's control (or the Parties together), the occurrence of which they are not responsible, including natural disasters, acts of war, disasters, epidemics, internal unrest, blockade, mass demonstrations, strikes (except strikes by employees of the Parties) and other circumstances.

8.2. Party to which the Agreement 8.1. the circumstances referred to in paragraph, shall notify the other Party in writing of the occurrence of such circumstances immediately, but not later than within 5 (five) days. The notice shall state the period within which the fulfillment of the obligations under the Agreement is possible and foreseeable.

8.3. The Parties undertake to take all possible measures to minimize the damage which may result from force majeure.‍

8.4. If the Party whose actions are affected by the circumstances referred to in Article 8.1. do not inform the other Party without objective reason in accordance with the procedure specified in Clause 8.2 of the Agreement, it shall not be released from the performance of obligations under the Agreement.

8.5. If the circumstances referred to in Article 8.1 of the Agreement and their consequences make it impossible to fulfil the obligations specified in the Agreement, then each Party is entitled to terminate the Agreement by notifying the other Party in writing. In case of termination of the Agreement based on Article 8.1 of the Agreement, neither Party shall be entitled to claim from the other Party damages related to the termination of the Agreement.

9. Other provisions

9.1. Authorised representatives shall have the right, without further authorisation, to provide the coordination provisioned for in the Agreement, to express the views of the Party concerned, and to submit and receive information from the other Party.

9.2. Amendments to the terms of the Agreement are made by posting the current Agreement to www.uxtribe.eu and apply only to persons who agree to the provisions of the Agreement after the amendment or to the Customer if mutually agreed by both Parties and become an integral part of the Agreement.

9.3. All issues and disagreements in connection with the provisions of this Agreement shall be resolved through negotiations. If the disputes cannot be resolved through mutual negotiations, then the relevant dispute shall be resolved in court in accordance with the laws and regulations in force in the Republic of Latvia.

‍9.4. The Agreement shall enter into force from the moment when the Customer has agreed to the terms of the Agreement, which is located at www.uxtribe.eu by ticking the box "I have read and agree to the terms of the Distance Agreement".