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General Terms and Conditions

The following are the general conditions applied by TRAMES Onlus, a nonprofit cultural organization, hereinafter referred to as “TRAMES,” to the free offer and/or distance selling of e-learning and/or video conferencing courses and the provision of European design, training and cooperation services.

For the purposes of these general conditions, the following are defined as:

  • “CONSUMER” means the natural person acting for purposes unrelated to or otherwise outside the scope of any entrepreneurial, commercial, craft or professional activity;
  • “PROFESSIONAL” means any natural person acting within the scope of his or her trade, industry, craft or profession;
  • “CUSTOMER – USER – STUDENT – SUBSCRIBER ” means the person (Consumer or Professional) who participates in and/or purchases the Online Training Course, after reading the information and these general terms and conditions and in each “data sheet” that can be consulted at https://www.oiejobs.eu;
  • “MANAGER” means the legal entity, TRAMES Onlus, that provides the training service online, identifying it with its own name, trademark or other distinctive sign or through an agreement with other public and/or private BODIES at the National and/or European level;
  • “GENERAL CONDITIONS OF CONTRACT” means these contractual conditions governing the delivery of the course;
  • “DISTANCE CONTRACT” means that contract concluded between the Manager and the User without the simultaneous physical presence of the parties, through the exclusive use of remote means of communication;
  • “PRODUCT” means the refresher and/or training course delivered by e- learning or videoconference (virtual classroom);
  • “COURSE TECHNICAL SHEET” means the descriptive reference accessible at www.oiejobs.eu and from which the main features of the Product, the identity of the Manager, free of charge and/or the price and payment method are evident;
  • “SITE” means the website www.oiejobs.eu, which is the exclusive property of TRAMES Onlus.
  • “DIGITAL CONTENT OR E-CONTENT” means the multimedia educational content or learning objects, the related delivery methods via telematic educational platform found at https://www.oiejobs.eu;
  • “HEADQUARTERS“: course venue which is “VIRTUAL” i.e. ON-LINE PLATFORM where courses are available in e-learning and blended learning mode.
  • “E-LEARNING PLATFORM“: the telematic environment in which TRAMES Onlus and/or European accredited and recognized entities’ e-learning courses are held.

Terms of Use

1.1 Scope of Application
These conditions are intended to apply to all TRAMES Onlus offers and order confirmations and to all Support and/or European Design and/or Consultancy and/or Training assignments entrusted to it. Any general terms and conditions of the Customer shall not apply, even partially, unless they are expressly accepted in writing by TRAMES. The same provision applies in relation to any attachments to orders or other documentation that are from the Client.

1.2 Additions and Changes
Any additions and/or changes to these general conditions, will only take effect upon written acceptance by TRAMES Onlus.

Acceptance of Assignments and Methods of Execution.

2.1 Duration of bids and quotations
All bids and quotations communicated in any form whatsoever are to be considered non-binding, unless explicitly stipulated to the contrary, and have a maximum duration of ninety days, unless expressly stated otherwise therein.

2.2 Method of Acceptance
The Customer, prior to the online purchase of the Product, declares that he/she has read all the information contained in the “Course Data Sheet” accessible on the site from which the main characteristics of the product, contact details, the identity of the Manager, the price and the method of payment are evident.
Verbal orders are not accepted. Acceptance of orders must be made by sending TRAMES Onlus the order confirmation form attached to the offers completed and signed, or by acceptance by e-mail, by completing and sending TRAMES Onlus course registration forms, or by sending TRAMES orders processed by the Customer to TRAMES, provided they include the contents of the offer.
Regarding courses provided in agreement with OTHER ENTITIES, the Consumer is invited to view the regulations of the respective certifying bodies. TRAMES Onlus, as a training center that provides the courses accredited by other entities, takes charge of requests for clarifications and issues that arise during the conduct of individual training courses in order to interpose with the respective certifying entities for timely educational and technical support to the Consumer.

2.3 Implied Acceptance of Terms
The placing of any order by the Customer constitutes full and unconditional acceptance of these terms and conditions. In issuing its own letters of assignment, in summoning TRAMES experts while not formally signing an order (any cases of urgency), in making advance payments, in making cash payments, the Client certifies that it has familiarized itself with the contents of TRAMES’ offer and these general conditions and has accepted them.

2.4 Order changes and revisions.

Any revisions, additions, or changes requested from TRAMES on an order already received are not to be considered included in the bid price and will therefore result in additional billing of the relevant amounts. In case the above changes are requested before the start of the work, upon agreement with the Customer TRAMES will formalize to the Customer new offer related to the new contents of the service. In the event that the aforementioned changes are requested during the course of work, that is, when work has already begun, TRAMES will formalize to the Customer itself the charges arising from the change in the contractual conditions originally agreed upon, and this formalization will have the value of attestation of the Customer’s knowledge and acceptance of the new supply conditions.

2.5Consideration
From the consideration stated in TRAMES’ offer and/or order confirmation, the provision of services not explicitly specified, as well as any services the need for which may arise in the course of service or services related to the occurrence of emergencies and unforeseen situations, remains excluded. In the event that the above circumstances occur and explicit requests are received by TRAMES in this regard from the Customer, TRAMES will forward specific cost estimates, safeguarding in any case the need for intervention related to urgency (for which it will subsequently proceed to invoicing on balance).

2.6 Purchase, use of e-learning products, and hardware and software requirements
The Client, by purchasing training courses in e-learning mode offered and delivered through the On-line platform of TRAMES Onlus, declares that he/she has read in advance the Information Sheet of the chosen course; expresses his/her consent to use his/her e-mail address for all activities inherent to the conclusion and execution of the relevant contract, as well as to the sending of information on the educational-training offer; declares that he/she has read and understood the privacy policy as per Reg. Ue 6798/2016, in the conditions of use of the Site; it declares that it is aware of the hardware and software prerequisites necessary to take full advantage of the purchased courses (PC, browser, etc.), the verification of which is to be considered the sole responsibility of the Client.

Regarding this last point, in order to access the courses, the Consumer must be in possession of the indispensable hardware and software prerequisites (personal computer, browser, software connectivity of reading .pdf, .ppt, audio and video file playback, etc.) and must provide for the adjustment of their hardware and/or software system, in case it is necessary, as a result of updates to the platform prepared for the delivery of the courses. Therefore, any technical problems that the client may encounter in the use of the courses on the platform of TRAMES Onlus and/or OTHER ENTITIES are not the fault of the platform owners, but the client must ensure that the browsers installed on his or her PC are up-to-date and must have up-to-date hardware and software. The Client also understands and acknowledges that not all courses can be enjoyed with smartphones or tablets. The latter types of tools will eventually be mentioned in the Course Outline.

The Courses are accessible by logging in through LOGIN (Username and Password) in the e-learning platform of TRAMES Onlus and/or its Partners. The credentials (Username and Password) are sent, upon registration on the platform of TRAMES Onlus. to the e-mail provided by the user at the time of registration unless otherwise communicated in itinere.

Consumers who do not receive them should check their registration or contact TRAMES. Afterwards, the trainee can:

  • Access teaching materials (.pdf, .ppt etc.);
  • Listen to video recordings of lectures (where provided);
  • Practice the content at the end of each module through the items (test papers) and mock exams (where provided);
  • Take the final test and/or final examination

2.7 Course change

TRAMES Onlus allows its members to transfer from one Course to another only upon prior notification by e-mail to protrames@gmail.com in which serious reasons are given. The request to change Course will be accepted only if it is sent before the Consumer receives the credentials and/or before the access in e-learning platform. For courses of other institutions, the change will be possible only with the consent of those institutions and provided that it does not entail a cost to TRAMES. If the cost of the newly chosen Course is less than the first one, the excess already paid may be used by the Consumer to purchase another Course.

2.8. Copyright

Pursuant to Law 22.04.1941 No. 633 et seq. and ii. (Copyright Law), the consumer assumes the obligation not to disclose the instructional materials received after the purchase of the Course, viz:

  • Do not record for personal use or dissemination purposes the lectures.

During the courses, in fact, it is strictly forbidden to make any kind of sound, photographic or film recordings, including digital recordings and recordings with cell phones, tablets and smartphones or other instrument.

TRAMES Onlus reserves the right to have unauthorized registrations deleted immediately and to expel from the Course, without notice and without refund, any Consumer caught making unauthorized registrations.

Final Certificate

In order to obtain the final certificate of the Course, it is the obligation of the Consumer:

  • Study the teaching materials available on the platform
  • Passing intermediate assessment tests
  • Fill out the course satisfaction and evaluation tests.
  • Pass the final evaluation test

RIGHT OF WITHDRAWAL/CONSIDERATION


3.1 For assignments/orders received from Consumers regarding e-learning courses (with digital content usable through a non-material medium or through platforms), pursuant to Art. 59 of the Consumer Code and DIRECTIVE 2011/83/EU of the European Parliament and the European Council of October 25, 2011 on consumer rights, if credentials have already been activated to access the platform for the purpose of the fruition of the course and/or if the execution has even begun, it is not possible to obtain a refund of the amount paid and, therefore, the right of withdrawal is excluded precisely by virtue of the agreement and acceptance of the fact that in this case would have lost the right of withdrawal expressed by the consumer when purchasing the course. If, on the other hand, the course has not yet started or the credentials to access the platform have not yet been activated, it will be possible to obtain a refund of the amount paid by withdrawing from the purchase within 14 days of payment by sending an e-mail to protrames@gmail.com

3.2 For assignments/orders received from Consumers, concerning videoconference courses (which replicate at a distance the training experience of classroom courses), if credentials have already been activated to access the platform for the purpose of enjoying the course in video link and the provision of educational material in digital format, the right of withdrawal is excluded precisely by virtue of the agreement and acceptance of the fact that in this case would have lost the right of withdrawal expressed by the consumer when purchasing the course. If, on the other hand, the credentials to access the platform have not yet been activated, it will be possible to obtain a refund of the amount paid by withdrawing from the purchase within 14 days of payment by sending an e-mail to protrames@gmail.com

3.3 For assignments/orders received from Consumers, concerning e-learning and/or blendend courses accredited by other Institutions, in addition to applying the conditions in Section 3.2, it is not possible to obtain a refund of the amount paid and, therefore, the right of withdrawal is excluded if the course starts within 30 days from the date of purchase.

3.4 Consulting and Service Agreements
The terms of service specified in the offers, refer only to the regulations applicable at the time of the issuance of the offers and any order signing. In the event of a subsequent change in the above-mentioned regulations, or in the event of a subsequent re-entry of additional existing or new regulations, any request to extend assistance to the above-mentioned new regulations or scopes as well will not be understood to be included in the bid price, but must be the subject of specific contractual review (see Section 2.4). If the aforementioned request to extend assistance to include any new applicable regulations also results, in the opinion of TRAMES Onlus, in an increase in the fee provided for the original contract, it will be proceeded in the manner provided for in Section 2.4 above.

RESPONSIBILITY FOR THE SERVICES AND PRODUCTS PROVIDED


4.1 Responsibilities to Client
TRAMES Onlus reserves the right to have third parties perform all or part of the assignment given. In the event that TRAMES Onlus outsources work, in whole or in part, to third parties, it will still maintain its responsibilities to the Client.
The technicians and personnel of TRAMES Onlus, may not under any circumstances intervene directly in support of the Client’s personnel in operational, technical and/or administrative activities pertaining to the Client’s specific activity, nor use Client’s equipment to carry out its activities, unless the latter eventuality is provided for in the contractual agreements and related supplements pertaining to work safety.

4.2 Limitation of Liability
4.2.1 The service provided is intended to refer only to an advisory role, i.e. assistance/advice/support to the Client, TRAMES having no possibility to directly influence structural/organizational aspects concerning the Client’s activities. In addition, the service provided is based exclusively on information regarding the Client’s activities (structural/organizational aspects, nature of risks, organization of work, planning and implementation of preventive and protective measures, description of production facilities and processes, illustration of operations, activities and tasks performed, data on accidents and occupational diseases, measures taken by supervisory bodies) provided to TRAMES by the Client. Therefore, no responsibility can be attributed to TRAMES, in case of any deficiencies/errors/omissions, which may be detected in the production/organizational/documentation system of the Client and sanctioned by the Supervisory Authorities, resulting from deficient/incorrect/omissive information provided to TRAMES. The Client warrants the truthfulness and completeness of the data and information provided to TRAMES for the performance of the assigned consulting and training assignments and assumes sole responsibility for them.

4.2.2 With regard to e-learning courses, TRAMES Onlus shall in no case be held liable for any direct or indirect damages to the Client in the event of:

  • malfunctions of the service resulting from failures, overloads, slowdowns in speed or interruptions of telephone lines, electricity or referring to the Internet network, failures in the infrastructure that manages telematic traffic between the Client and the e-learning Platform from which the service is provided, use by the Client of connectivity incompatible with the service, failure to possess or update the minimum system requirements referred to in Article 2.6, lett. d) any fraudulent and/or improper use of credit cards by the Client.
  • Unlawful third-party access to courses purchased by the Client, as a result of the Client’s failure to maintain access credentials or take adequate security measures;
  • use of the materials or information contained in the courses, that is, inherent in the quality of the materials or information, opinions, expressions or suggestions contained therein, the adequacy and accuracy of them, the absence of errors or defects, the absence of infringement of third-party rights, the availability of them at all times, compliance with technical standards, response to inquiries made by the Customer.

Privacy Policy

The Consumer is aware and accepts that his or her personal data for the purposes described in section 2.6, may be brought to the attention of employees and/or collaborators of TRAMES Onlus appointed as data processors, and communicated to the following parties:

  1. (a) Agreed entities and/or Partners;
    b) third-party companies engaged by TRAMES Onlus to provide for the performance of specific executive phases of the Services provided;
    (c) third-party companies or consultants in charge of installing, maintaining, updating, and generally managing TRAMES Onlus’ hardware and software;
    d) all public and / or private individuals and / or legal entities (administrative, tax and legal consulting firms), if the communication is necessary or functional for the proper fulfillment of contractual obligations assumed in connection with the services provided, as well as obligations arising from the law;
    (e) all entities (including Public Authorities) that have access to the data by virtue of regulatory or administrative measures. Personal data provided and subsequently processed in connection with the management of the service are not subject to dissemination.

Updated on July 28, 2023