Mga Dokumento
Mga tuntunin sa serbisyong pagsasanay
Ang dokumentong ito ay available lamang sa Polish — ang Polish na bersyon ang legal na may bisa.
Terms and conditions for the provision of training, examination and educational services
TERMS AND CONDITIONS FOR THE PROVISION OF TRAINING, EXAMINATION AND EDUCATIONAL SERVICES
Flexwelder Hub Sp. z o.o.
Effective from 1 April 2026
§1. General provisions
1. These Terms and Conditions set out the rules governing registration, conclusion of contracts, provision of services, payments, cancellations, complaints and the liability of the parties in respect of training, examination and educational services organised by Flexwelder Hub Sp. z o.o.
2. These Terms and Conditions apply to services provided on-site, online, in a hybrid format, individually and in groups, including open and closed training courses.
3. These Terms and Conditions apply to contracts concluded by e-mail, registration form or any other method permitted by the Organiser.
4. These Terms and Conditions form an integral part of the contract concluded between the Organiser and the Client.
5. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code and consumer protection legislation.
§2. Organiser
1. The Organiser of the services covered by these Terms and Conditions is Flexwelder Hub Sp. z o.o. with its registered office at ul. Bojkowskiej 35A, 44-100 Gliwice, Poland, NIP: 9662195817, e-mail address: aws@flexwelder.com, website: www.flexwelder.com.
2. The Organiser operates in the field of organising training courses, examinations, preparatory courses, educational programmes and related services for the welding industry and allied sectors.
§3. Definitions
- Organiser – Flexwelder Hub Sp. z o.o.
- Client – a natural person, legal person or organisational unit submitting a registration or concluding a contract with the Organiser.
- Consumer – a natural person performing a legal act not directly related to their business or professional activity.
- Privileged entrepreneur – a natural person concluding a contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature for that person.
- Participant – a natural person taking part in a Service.
- Registrant – a Client registering a Participant or Participants.
- Service – training, course, examination, consultation, workshop, educational programme, examination preparation, application support or a package of such services.
- Open training – training available to various Clients or Participants.
- Closed training – training provided on commission for a specific Client.
- Certification programme – a Service within which the Organiser provides training, examination organisation, formal support or process administration, and certification may be carried out by an external body.
- External partner – a third party involved in the provision of a Service, in particular an examination, training or certification body.
- Registration form – a form, registration card, e-mail message or other document containing the data required for registration.
- Business day – a day from Monday to Friday, excluding public holidays.
§4. Information about services
1. Information about the Services is made available in particular on the Organiser's website, in promotional materials, in e-mail correspondence or in programme documents.
2. Information about a Service may include in particular:
- topic and scope,
- format of delivery,
- outline programme,
- dates and times,
- venue,
- participation requirements,
- price,
- information about training materials,
- information about an examination, certificate or attestation,
- information about the minimum number of participants required to run a given Service.
3. Information published by the Organiser constitutes an invitation to treat and does not constitute an offer within the meaning of the Civil Code.
§5. Registration and conclusion of contract
1. Registration for a Service is effected by:
- submitting a Registration form,
- sending an e-mail containing the data required for registration,
- accepting the Organiser's offer in the manner indicated by the Organiser.
2. Submitting a registration signifies:
- the intention to conclude a contract,
- confirmation of having read and accepted these Terms and Conditions,
- an obligation to pay the price upon acceptance of the registration by the Organiser.
3. Where a registration is made by a person acting on behalf of a third party, it is assumed that such person holds appropriate authorisation to act on their behalf.
4. Upon receipt of a registration, the Organiser may:
- confirm receipt of the registration,
- request supplementary data or documents,
- send confirmation of acceptance of the registration,
- decline the registration.
5. Confirmation of receipt of a registration alone does not constitute conclusion of a contract.
6. A contract is concluded at the moment of:
- the Organiser sending confirmation of acceptance of the registration,
- the Organiser issuing a proforma invoice or invoice and accepting the registration for fulfilment,
- payment being made, where the Organiser has specified such a method of concluding the contract.
7. The Organiser may make the conclusion or performance of the contract conditional upon the provision of additional documents, compliance with the formal requirements of the programme or payment within the required time limit.
8. The number of places is limited. Admission to a given Service may be determined by the order of registrations or the order of payments.
§6. Conditions of participation
1. The Participant is obliged to observe the organisational, procedural and safety rules, as well as instructions given by the Organiser or the instructor.
2. The Participant may take part only in person, unless the Organiser permits substitute participation.
3. The Organiser may permit a change of the Participant indicated in the registration to another person, provided that the new person meets the requirements for participation in the given Service.
4. Where participation in a Service requires the fulfilment of specific formal, technical, health-related or qualification requirements, responsibility for meeting them rests with the Client and the Participant.
5. The Organiser has the right to refuse admission to a Service in the event of:
- failure to meet formal requirements,
- absence of required documents,
- non-payment,
- breach of these Terms and Conditions or safety rules,
- conduct disruptive to the course of the Service.
§7. Services provided with external partners
1. In the case of Services provided with the involvement of an external partner, the Organiser's liability is limited to the part remaining under its control.
2. Where a given Service is provided in cooperation with an external partner, the Organiser may be responsible in particular for:
- organisation of the training,
- organisation of the examination component,
- formal support,
- logistical and administrative support.
3. The external partner may be responsible in particular for:
- admission to the examination,
- conduct of the examination,
- assessment of results,
- issuance of the certificate,
- conditions for recertification or maintenance of qualifications.
4. Under the AWS International Agent model, the local partner is responsible for the organisation and administration of the process, whilst AWS is responsible for examination procedures and certification.
5. Participation in a training course, preparatory course or certification programme does not guarantee admission to an examination, passing an examination or obtaining a certificate.
§8. Prices and payments
1. Prices of Services are stated in the offer, on the website or in correspondence with the Client.
2. Unless expressly stated otherwise:
- prices for consumers are stated as gross prices,
- prices for business entities may be stated as net prices plus applicable VAT.
3. The price may include in particular:
- participation in the training,
- training materials,
- an examination, if included in the package,
- an attestation or certificate of participation,
- coffee breaks or lunch in the case of on-site training.
4. Unless the offer states otherwise, the price does not include:
- travel costs,
- accommodation,
- catering costs beyond the scope indicated by the Organiser,
- external fees charged directly by the examination or certification partner.
5. The Client is obliged to make payment by the date indicated on the invoice, proforma invoice, in the offer or in the Organiser's correspondence.
6. The date of payment shall be deemed to be the date on which the Organiser's bank account is credited.
7. The Organiser has the right to refuse admission of the Participant to a Service in the event of non-payment in full by the due date.
8. The issuance of an attestation, certificate of participation or delivery of final documents may be made conditional upon prior settlement of the full amount due.
§9. Cancellation, change of date, change of participant
1. The Client may cancel participation in a Service by sending an e-mail to aws@flexwelder.com.
2. Cancellation is effective upon receipt by the Organiser.
3. Cancellation of participation in a Service after conclusion of the contract entails the obligation to pay 100% of the Service price.
4. The Participant's absence from a Service does not constitute grounds for a refund and does not release the Client from the obligation to pay the full price of the Service.
5. The Organiser may permit a change of the Participant indicated in the registration to another person, provided that notification of the change is received no later than before commencement of the Service and the new Participant meets the programme requirements.
6. The Organiser may, at its sole discretion, permit the transfer of participation to another date, provided that the nature of the Service and the organisational conditions allow it. Such consent requires express confirmation by the Organiser by e-mail.
7. The Organiser's refusal to consent to a change of date or change of Participant does not constitute grounds for a refund.
§10. Cancellation of the Service or changes on the part of the Organiser
1. The Organiser reserves the right to:
- cancel the Service,
- change the date,
- change the venue,
- change the format of delivery,
- change the instructor,
- amend the programme to the extent that does not affect the purpose of the Service.
2. Changes may result in particular from:
- insufficient number of registrations,
- organisational reasons,
- unavailability of the instructor,
- requirements of an external partner,
- force majeure or events beyond the Organiser's control.
3. The Organiser shall inform the Client of any change or cancellation of the Service without undue delay, wherever possible by e-mail.
4. In the event of cancellation of the Service by the Organiser, the Client shall be entitled to participate on an alternative date or to receive a full refund of the fee paid.
5. In the event of a material change to the date or format of delivery, the Client may decline the change and request a refund of the fee paid.
6. The Organiser's liability in the event of cancellation or change of the Service is limited to a refund of the fee for the Service. The Organiser shall not be liable for indirect costs incurred by the Client, such as accommodation, tickets, reservations or lost profits.
§11. Right of withdrawal for consumers and privileged entrepreneurs
1. A Consumer and a privileged entrepreneur have the right to withdraw from a distance contract without giving any reason within 14 days of its conclusion, subject to the provisions below.
2. To meet the deadline, it is sufficient to send the declaration before it expires.
3. The declaration of withdrawal may be submitted:
- in writing to the Organiser's registered office,
- electronically to aws@flexwelder.com.
4. In the event of effective withdrawal, the contract shall be deemed not to have been concluded.
5. The Organiser shall refund all payments made by the Client without undue delay, and no later than within 14 days of receipt of the declaration of withdrawal.
6. If the Client requests the commencement of the Service before the expiry of the withdrawal period, the Client shall be obliged to pay for the services rendered up to the moment of withdrawal.
7. The right of withdrawal shall not apply after full performance of the Service, if its performance commenced with the Client's express prior consent and the Client was informed before the commencement of performance that they would lose the right of withdrawal upon full performance of the Service. The current AWS CWI programme regulations also provide for consent to the commencement of performance before the expiry of the 14-day period.
§12. Attestations, certificates and final documents
1. Upon completion of the Service, the Organiser may issue:
- an attestation of participation,
- a certificate of completion,
- another document provided for the given Service.
2. The issuance of a document may be conditional upon:
- the Participant's attendance,
- fulfilment of the substantive requirements of the programme,
- passing an examination, if one was envisaged,
- full payment having been made.
3. In the case of certification programmes conducted with the involvement of an external partner, the final document may be issued directly by that body.
4. The Organiser shall not be liable for a refusal by an external partner to issue a certificate, where the cause lies outside the Organiser's area of responsibility.
§13. Complaints
1. The Client has the right to submit a complaint concerning the organisation or conduct of the Service.
2. A complaint should be submitted within 14 business days of the completion of the Service or from the date on which the Service was due to take place.
3. A complaint may be submitted:
- in writing to the Organiser's registered office,
- electronically to aws@flexwelder.com.
4. A complaint should contain at least:
- the Client's details,
- identification of the Service,
- a description of the objections,
- a statement of the remedy sought.
5. The Organiser shall consider the complaint within 14 days of receipt, or in more complex cases no later than within 30 days, and shall inform the Client of the outcome.
6. If a complaint is upheld, the Organiser may propose rectification of the irregularity, participation on an alternative date, a discount, or a partial or full refund of the fee.
§14. Out-of-court dispute resolution
1. A Consumer may avail themselves of out-of-court complaint and redress mechanisms in accordance with applicable legislation.
2. Information in this regard is available in particular from the competent consumer ombudsmen, the Trade Inspection and on the websites of the Office of Competition and Consumer Protection.
§15. Personal data
1. The controller of the personal data of Clients and Participants is the Organiser.
2. Personal data are processed in particular for the purpose of:
- concluding and performing the contract,
- fulfilling the Organiser's legal obligations,
- processing payments, handling complaints and communicating with the Client,
- issuing documents confirming participation or results,
- transmitting data to an external partner where this is necessary for the delivery of an examination or certification programme.
3. Provision of data is voluntary but necessary for the conclusion and performance of the contract.
4. Detailed rules on data processing are set out in the Organiser's privacy policy.
§16. Copyright and training materials
1. All training materials, presentations, documents, recordings, programmes and content made available in connection with the Service are the property of the Organiser or entities cooperating with the Organiser and are protected by law.
2. The Participant is granted the right to use the materials solely for personal use in connection with participation in the given Service.
3. Without the prior written consent of the Organiser, the following is prohibited in particular:
- copying materials,
- recording, distributing or publishing them in whole or in part,
- using them for commercial or training purposes,
- making them available to third parties.
4. Unless the Organiser grants separate consent, recording of audio, video or the content of sessions during training is prohibited.
§17. Liability
1. The Organiser is liable for the proper organisation of the Service to the extent that such obligation arises from the contract concluded.
2. The Organiser shall not be liable for:
- the Participant's failure to meet formal or qualification requirements,
- the inaccuracy of data provided by the Client,
- decisions of external partners,
- examination results,
- the Participant's failure to obtain a certificate or qualifications,
- damage arising from cancellation or change of date within the limits set out in these Terms and Conditions.
3. The Organiser does not guarantee the achievement of any specific professional, business or certification outcome as a result of participation in the Service.
§18. Final provisions
1. These Terms and Conditions enter into force on the date indicated in the heading.
2. The Organiser has the right to amend these Terms and Conditions for important reasons, in particular on account of:
- changes in legislation,
- changes to the service delivery model,
- organisational or technological changes,
- changes in the requirements of external partners.
3. Contracts concluded before the entry into force of a new version of these Terms and Conditions shall be governed by the Terms and Conditions in force on the date of conclusion of the contract, unless mandatory provisions of law provide otherwise.
4. Disputes with Clients who are not consumers shall be resolved by the court having jurisdiction over the Organiser's registered office.
5. In relations with consumers, the jurisdiction of the court shall be determined by generally applicable provisions of law.