1) OBJECT OF THE CONTRACT
These terms and conditions of contract apply to the relationship between PROSUCCESS FZCO and the subjects who purchase the services offered by PROSUCCESS FZCO and/or connected to the “bepro” brand, also through the website www.be-pro.io the exclusive property of PROSUCCESS FZCO, which has all applicable intellectual and industrial property rights over them. PROSUCCESS FZCO Customers will be entitled to the services provided at the time of purchase and will not be able to claim to use any educational and training material (audio, video, book and e-book), relating to courses developed and created subsequently.
The purchase of services offered by PROSUCCESS FZCO and/or connected to the “bepro” brand, also through the website www.be-pro.io implies full acceptance, without reservations, of the current terms and conditions governing the sale.
The terms and conditions may be modified unilaterally and at any time, without notice, by PROSUCCESS FZCO. The applicable terms and conditions are those in force at the time of registration.
Each user is required to check these conditions to ascertain any changes that have occurred since the last consultation of the site. The purchase of the services offered and the use of the site and the mentioned services entails total acceptance of the following conditions and the changes that have occurred in the meantime. Therefore, by making a purchase on this site users automatically accept the following terms and conditions.
The service provided consists of an obligation of means and not of result, for which PROSUCCESS FZCO is not responsible for any losses or failure to realize hoped-for profits following the services provided.
Violation of any of the Terms, as determined in PROSUCCESS FZCO’s sole discretion, may result in immediate termination of your Services.
With reference to the purchase of any type of course and/or service, including the purchase of multiple courses, Customers will have one year, starting from the date of purchase, to take advantage of the offer reserved for them; if this period of time has expired unnecessarily, they will not be entitled to obtain any refund.
After the period of one year, Customers will no longer be able to participate in any courses not attended and benefit from any type of course and/or service and will not be entitled to obtain any refund.
With reference to the purchase of digital services, PROSUCCESS FZCO offers customers numerous in-depth courses, both free and for a fee. The content of the courses can vary from simple frontal lessons, recorded or live, to consultancy activities carried out through modern communication technologies.
Access to the courses occurs through accreditation provided by PROSUCCESS FZCO following the purchase phase, generally provided via email. Among the courses made available by PROSUCCESS FZCO there are also video and audio courses to support the training course.
With reference to the consultancy service, the service offered by PROSUCCESS FZCO has as its object the carrying out of training and/or consultancy activities through digital channels through remote sessions, held by PROSUCCESS FZCO collaborators, at a professional, managerial and personal level in favor of the Customer, with particular reference to matters relating to the development of the company business, the activation and management of human resources, the optimization and distribution of managerial training, cost efficiency, as well as any other marketing activity. Consulting extends to those activities aimed at increasing the economy of the company or professional, realizing its potential using tools such as marketing, sales, information management and customer service. The detailed list of the individual consultancy services provided by PROSUCCESS FZCO, with indication of the hours that can be used for each, is contained in the Annex called “Prosuccess FZCO consultancy services” which constitutes an integral part of these contractual conditions.
Some PROSUCCESS FZCO interactive services will be provided with group assistance provided remotely on an ongoing basis thanks to which, through live interaction with PROSUCCESS FZCO collaborators, the training and consultancy activity provided by PROSUCCESS FZCO itself.
2) DURATION AND LOCATION OF COURSES/SERVICES.
With reference to the consultancy service, the duration of the contract varies based on the type of package chosen by the Customer during the purchase phase or possibly with a specific contractual appendix.
The effective date is to be understood from the date of purchase of the service. The contract is tacitly renewed upon expiry for the same agreed duration without any obligation of communication on the part of PROSUCCESS FZCO, unless the Customer cancels to be communicated in writing, at least 60 days before the expiry date, to the address indicated in the application form. purchase and on the website.
The Parties may not unilaterally withdraw from the Contract for its entire duration.
In the event of purchasing a single course, purchasing a complete package of courses or purchasing multiple courses, the dates and locations of the courses will be periodically communicated and the Customer will be free to confirm their participation, in compliance with the limit time referred to in the art. 1. In any case, PROSUCCESS FZCO reserves the right to change the dates and places in which the courses will be held in relation to its organizational needs and concrete logistical possibilities. In such a case, the Client, within 5 days of the communication, may request to participate in another course within the next 12 months, supplementing any positive difference between the fee for the course chosen as a replacement and the fee for the course paid. Any negative differences will not be refunded.
Failure to do so will be deemed to confirm his participation in the course on the new dates and/or locations indicated.
For proven just cause that prevents participation in the course (illness, serious impediment of force majeure, etc.), the Customer may communicate in writing, provided the event has not already occurred, the desire to postpone participation in a course, for which you have previously completed the registration and made the payment, provided that the next chosen date falls within the twelve months following the originally scheduled participation date.
Customers must register in advance for each training meeting in which they intend to participate, communicating their request to PROSUCCESS FZCO, which will confirm the availability of places or, failing that, will indicate a subsequent useful date. In the event that the Customer cannot participate for personal reasons in the meeting for which he registered, he must notify PROSUCCESS FZCO in writing within 5 days of the start of the same.
3) METHOD OF CARRYING OUT CONSULTING SERVICES
With reference to the consultancy service, the training and/or consultancy activity will be carried out by professional trainers/consultants chosen by PROSUCCESS FZCO, through digital channels via remote sessions and/or at locations chosen from time to time by PROSUCCESS FZCO. The carrying out of the training and/or consultancy activity may also include assistance through telephone and electronic conferences and discussion meetings. For all consultancy and/or training services, PROSUCCESS FZCO reserves the right to decide at its sole discretion the methods, places and times, which will be indicated to the Customer from time to time. With reference to the performance of the services, a report will be prepared with specific indication of the activities carried out and the hours used. The hours of training and/or consultancy activities agreed for each year must be used within the reference year, in the places and according to the methods indicated by PROSUCCESS FZCO. Otherwise, the remaining hours will not be paid and these will not be cumulative with the hours foreseen for subsequent years. In any case in which the Customer has not taken advantage of the hours of training and/or consultancy activities agreed within the reference year, in the places and according to the methods indicated by PROSUCCESS FZCO, due to the Customer’s absence at the appointments indicated by PROSUCCESS FZCO or for any other reason, you will not be entitled to obtain any refund.
Once the reference period of the year has passed, the Customer will no longer be able to use any type of service and will not be entitled to obtain any refund.
4) FEE AND CONTRIBUTION – EXPENSES
With reference to the consultancy service, the Company, for the activity covered by this contract, will be entitled to a fee equal to the amount indicated at the time of purchase. During the purchase phase, the Customer will choose between the different types of service and will indicate the number of annual consultancy hours he intends to use. The agreed amounts must be paid for each year according to the payment methods and deadlines chosen (Monthly, Quarterly, Half-yearly, Annually). If the Customer does not use, for reasons not attributable to PROSUCCESSFZCO, all the hours agreed upon during the subscription for each year, he will not be able to recover the unused hours and the payment will still be due for the entire agreed annual amount. The Customer undertakes to pay the total amount for each annuity, every year and for the entire duration of the relationship, regardless of the actual use of the hours purchased. In the event of a multi-year duration, the Customer is required to pay the agreed sum in full in any case, even in the event that the Customer has not used the hours and, therefore, the contract has not begun to be executed for that period. ‘year.
The amount does not include any travel and accommodation expenses that may be incurred by the Customer to benefit from the consultancy and training activities covered by this contract. Likewise, travel and accommodation expenses that may be incurred by PROSUCCESS FZCO, on behalf and in the interest of the Customer, to provide the services covered by the contract are not included. In this case, the Customer undertakes to reimburse these expenses to PROSUCCESS FZCO, upon presentation of the invoice. Training and/or consultancy hours exceeding the agreed annual hours, or any activity not falling within the scope of this contract, printing and/or delivery of material relating to the training and/or consultancy of this contract, will require the payment of additional amounts with the inclusion of a debit note which must be paid within the terms indicated by the Company upon completion of the activities subject to additional compensation.
With reference to the purchase of a single course, the purchase of the complete package of courses or the purchase of multiple courses, the amount of the course is inclusive of: participation in the booked course, services organized by the company, teaching material and certificate of participation. Any travel costs, accommodation costs, meals and any further extra costs, including hotel costs, are the responsibility of the participant and are not included in the registration fee. The Customer undertakes to relieve PROSUCCESS FZCO of any liability for any damage caused by the same to third parties.
In case of participation in live training courses, the Customer is responsible for his own conduct and undertakes to behave appropriately, without hindering the correct carrying out of the activities and/or creating disturbance to the teacher or other participants and/or damaging property. or people. You are solely responsible for any injury, loss and/or damage you may cause or suffer while attending the event, even if caused by the action or negligence of other participants or third parties. PROSUCCESS FZCO does not provide health, accident or life insurance for participants.
5) PRICES.
The prices indicated include VAT, if and where due, and are expressed in euros. The prices and the reference currency may be changed at any time and without notice by PROSUCCESS FZCO and will be considered fixed at the time of purchase by the Customer. Where indicated, transport costs will apply to them.
In the event of a change in the VAT rate, if and where due, between the time of purchase by the Customer and the time of provision of the services, PROSUCCESS FZCO will communicate this change to the Customer, requesting the balance, in the event of an increase, or returning any excess in the event of a reduction in the rate. In the event of an increase in the rate, if the user does not pay this change within fourteen (14) days, PROSUCCESS FZCO will have to cancel the purchase and return to the Customer any sums already collected, remitting such sums to the same source from which it was received. the payment.
6) PAYMENT TERMS
the Customer undertakes to pay in full at the time of purchase the amount due relating to the chosen service. Any promotions that provide discounts or payment extensions are conditional on the Customer meeting the payment terms. If these terms have expired in vain, he will be required to pay the full price.
In the case of payment in installments, the participant must return the appropriate forms with the debit authorization via email to PROSUCCESS FZCO ( [email protected] ). In the event of non-delivery, these payment methods cannot be considered valid and the Participant will be required to pay the full price immediately.
For the Customer who has chosen to make the payment via financing, the approval of the relevant procedure is subject to the discretionary evaluation of the financial company, for whose actions, also with regard to the timing of the approval process, PROSUCCESS FZCO cannot be held responsible . Following final approval of the financing by the finance company, the purchase price will be charged to the Customer in accordance with the timing and manner specified in the financing agreement concluded between the Customer and the finance company. In the event of failure to approve the financing by the finance company, the services offered by PROSUCCESS FZCO will not be provided unless the same promptly proceeds to pay the price using other methods.
7) PAYMENT METHODS
Payment methods include Visa and MasterCard credit cards, PayPal, bank transfer, coupons and Stripe. The information provided by the Customer will be used by PROSUCCESS FZCO for the completion of all payments due and for tax, anti-terrorism and anti-money laundering obligations.
By paying by bank transfer, to the current account in the name of PROSUCCESS FZCO, the services will be provided only and exclusively once the payment has been accounted for. PROSUCCESS FZCO may at its discretion and without notice change the accepted payment methods.
8) VARIATIONS.
If PROSUCCESS FZCO deems for unquestionable reasons that the course cannot take place in the manner, dates and places envisaged, the Company undertakes to inform the participants, who will not be entitled to any compensation and/or compensation, communicating the new dates and /or places where the lessons will be held. Within five days of communication, the Customer may request in writing to participate in another course over the following 12 months, integrating any positive difference between the participation fee for the course chosen as a replacement and that of the paid course. Any negative differences will not be refunded.
Failure to do so will be deemed to confirm his participation in the course on the new dates and/or locations indicated.
9) WITHDRAWAL.
The right of withdrawal is not foreseen:
– for the consultancy service, for the ebook and e-learning courses pursuant to art. 59 of the legislative decree 6 September 2005, n. 206, which, in letter o) of paragraph 1, excludes the right of withdrawal for “the supply of digital content via a non-material support if the execution has begun and with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.”;
– for live events pursuant to the same article, letter. n), which excludes withdrawal for “the supply of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a date or a specific execution period”.
Beyond what is provided for by the legislation regarding the right of withdrawal, PROSUCCESS FZCO reserves at its sole discretion the right to grant the same within 14 days of subscription, guaranteeing in this case the full refund of the amount paid.
By purchasing, the Customer agrees not to receive any refund and to waive the so-called right of change of mind pursuant to the legislation referred to in art. 59, letter a, Legislative Decree no. 206/2005.
10) AFFILIATE AND/OR COLLABORATOR
Each affiliate and/or collaborator is responsible for their own actions, if any rules are broken, we reserve the right to ban a user from the department irreversibly.
The affiliates and/or collaborators are not direct collaborators of PROSUCCESS FZCO and have no power of representation. PROSUCCESS FZCO has no responsibility for the actions of affiliates and/or collaborators.
Each affiliate and/or collaborator must display the following wording at the bottom of each page directly promoted by him: “This page is not created and/or managed by PROSUCCESS FZCO, or any corporate entity of PROSUCCESS FZCO. This page is owned by an affiliate and/or collaborator who assumes responsibility related to the terms and conditions in the affiliate and/or collaborator section.”
It is absolutely forbidden to include messages and/or communications that include a promise of guaranteed monetary gain linked to the time to reach an X figure or to explicitly indicated figures.
It is absolutely forbidden to promote by indicating contents / services not actually included in PROSUCCESS FZCO.
It is absolutely forbidden to use testimonials and/or results that are false or not present on the official pages of PROSUCCESS FZCO.
11) IMPOSSIBILITY TO PARTICIPATE IN THE TRAINING COURSE
In case of impossibility to take part in the chosen and purchased course not proven by just cause and manifested at least 7 days before the start of the same, the Customer may ask to participate in another course within the following 12 months, integrating the any positive difference between the participation fee for the course chosen as a replacement and that of the paid course. Any negative differences will not be refunded.
Entrance to the live course is nominative. However, the possibility of transferring participation in the courses to another participant is given, provided that the transfer of the right to participation is made in writing, signed by both parties no later than 15 days before the event, by sending written communication to PROSUCCESS FZCO, the which reserves the right to refuse the assignment.
ATTENTION: the aforementioned method of transfer of the fee is valid exclusively for courses purchased at the basic price (not on promotion) and where no form of installment payment or financing is envisaged.
12) DISPUTES – JURISDICTION
Any type of dispute between the Customers and PROSUCCESS FZCO, deriving from the formation, execution, interpretation, cancellation, termination or invalidation of this contract or deriving from the same or in any way connected to it, will be resolved exclusively and finally through an arbitration procedure in accordance with the provisions of the rules (“Arbitration Rules”) of the Dubai International Arbitration Center (DIAC), by one or more arbitrators appointed in accordance with the Regulations, which the Parties declare to accept in their entirety and to which they refer also with regard to the methods of appointing arbitrators.
In the event that the Customer wishes to sue the Service Provider for any claim relating to this agreement after entering into it, the customer is informed that he will not be able to request a refund or compensation.
Any type of written or verbal abuse (including threats of abuse or retaliation) by any customer towards any employee, member or agent of PROSUCCESS FZCO will result in immediate termination of service for the customer without refund.
13) WARNINGS AND INDEMNITY
All the services offered by PROSUCCESS FZCO have training and educational purposes. PROSUCCESS FZCO, the teachers and professional collaborators that the Company uses will exclusively provide specific training and consultancy on certain areas of interest to the Customer, who will then be free to use it, under his own exclusive responsibility, according to diligence and to own discretion. Therefore, PROSUCCESS FZCO cannot be held responsible in any way for any failure to achieve the objectives that the Customer had set nor, much less, for the consequences, of any nature and type, deriving for the Customer from any decisions developed following of enrollment in training courses and consultancy provided. The Customer therefore assumes responsibility for any of his actions and decisions, relieving PROSUCCESS FZCO from claims regarding any losses, damages and/or prejudices that the Customer may suffer.
In the event of purchasing the consultancy service, in the event of failure to pay even a single installment and under the pre-established conditions, PROSUCCESS FZCO will interrupt the provision of the consultancy service and will take action against the Customer to recover the agreed amount.
To the extent permitted by applicable laws, neither PROSUCCESS FZCO nor its suppliers shall be liable in any way for any damages of any nature whatsoever, whether special, incidental or consequential, arising out of or in connection with our site, terms and conditions (however its origin, including negligence). Customer agrees to indemnify and hold harmless PROSUCCESS FZCO and (where applicable) its parent, subsidiary and affiliated companies, PROSUCCESS FZCO partners, officers, directors, agents, employees and suppliers in connection with any claim or demand, including expenses reasonable legal claims brought by any third party for breach of these terms and conditions or the documents incorporated herein by reference, or for your violation of any law or the rights of a third party.
PROSUCCESS FZCO is not connected in any way with Instagram, Facebook, other social networks and external programs that may be used, therefore it is not responsible for the actions performed by them and for the results brought by them. PROSUCCESS FZCO is in no way responsible for any damage, problem, inconvenience caused to the person or business for which the service is used. The service offered represents an obligation of means and not of result, therefore it does not guarantee any result. PROSUCCESS FZCO is in no way responsible for any suspension, deletion or penalty of the Customer’s account or deletion of images, stories and comments by Instagram, Facebook and other social networks. Following the application of the teachings that the course provides.
PROSUCCESS FZCO does not warrant that the quality of any services, information or other material purchased by Customer or obtained through the Services will meet your expectations or that any errors in the Services will be corrected.
Users, be they buyers or mere visitors, are solely responsible for the communication of information and data that are incorrect, incomplete, false, or belonging to third parties who have not given consent to the transmission of such data by users.
Users are solely responsible for the safekeeping and correct use of the information transmitted and PROSUCCESS FZCO is in no way responsible for any type of damage or injury resulting to users or third parties from incorrect use, loss or theft in any way occurrence of such information.
PROSUCCESS FZCO is not responsible for any inconvenience or damage resulting from viruses, corrupted files, errors, omissions, interruptions of service, deletion of contents, connection problems, unauthorized access, alteration of data, failure or incorrect functioning of the user’s devices .
The Client expressly approves that any compensation is to be limited to a refund of the price paid for the chosen route. No higher sums may be claimed for economic, property or physical damages.
14) EXPRESS TERMINATION CLAUSE
This contract is considered terminated by right, without prejudice to compensation for any damages, in the event that the Customer is caught promoting network marketing companies during PROSUCCESS FZCO training meetings, promoting and/or selling services not attributable to activities related to PROSUCCESS FZCO and to recruit members and investors for businesses not attributable to Prosuccess FZCO. The occurrence of such an eventuality will result in the legal termination of this contract and will not entitle the Customer to any refund of the price paid.
15) CONFIDENTIALITY AND NON-COMPETITION AGREEMENT
The “bepro” brand, the website www.be-pro.io and all the educational and training material relating to the chosen program, the consultancy provided and all the services offered are the intellectual property of PROSUCCESS FZCO. Therefore, it cannot be used by the Customer for purposes other than direct use for personal training purposes. The Customer undertakes not to disclose, even free of charge and/or non-commercial, educational materials and information that has come into possession of PROSUCCESS FZCO, not to make audio-video recordings, not to carry out or have third parties carry out, including through the establishment of companies, courses or seminars based on such materials and information, in direct or indirect competition with the activities carried out by PROSUCCESS FZCO. At the time of registration, the Customer is obliged to report to PROSUCCESS FZCO whether he has carried out or is carrying out, directly or on behalf of third parties, activities in competition with the same. In the event of violation of even just one of the provisions set out in this article, the Customer will be obliged to compensate all direct and indirect damages caused to PROSUCCESS FZCO.
PROSUCCESS FZCO undertakes to provide the services while maintaining maximum confidentiality of the Customer’s data and information, with the obligation to make limited use of them solely for the purpose of carrying out the activity carried out. The economic conditions of this contract are subject to the same confidentiality.
