TERMS AND CONDITIONS OF LANGUAGE AUDITS SERVICES ORDERED VIA ONLINE SHOP

Article 1 General Provisions

1. These terms and conditions of language audits services (hereinafter “T&C”) apply to all services related to language audits ordered via online shop and provided by the company Skrivanek sp. z o.o. (limited liability company) with its registered office in Warsaw (00-550), Plac Konstytucji 6/75, entered into the Register of Entrepreneurs of the National Court Register (KRS) under KRS No.: 0000024886, with NIP (Tax ID): 6342245400 and REGON (Business ID): 273716037 (hereinafter “SKRIVANEK”) and the entities to which the SKRIVANEK provides services, hereinafter jointly referred to as the “CUSTOMERS”, and separately as the “CUSTOMER”.
2. Pursuant to the provisions of these T&C, it is deemed that the effects of legal transactions performed via electronic mail, the SKRIVANEK’s IT system or the forms of the SKRIVANEK are on equal footing with the effects of legal transactions performed in a written form, unless the Act requires a written form under pain of nullity.

Article 2 Service Description

1. SKRIVANEK offers its CUSTOMERS an online language audit service (hereinafter the “AUDITS”, and separately as the “AUDIT”) available on the platform app.focusaudits.eu and its various extensions and variations, including any mobile application, hereinafter collectively referred to as the “PLATFORM”.
2. AUDIT offered by SKRIVANEK consist in the evaluation of the foreign language knowledge of one or more persons (hereinafter the “AUDITEES”, and separately as the “AUDITEE”) to communicate in a foreign language. Evaluation is built based on recommendations of the Common European Framework of References for Languages (hereinafter the “CEFRL”).
3. AUDIT is a subject to an evaluation and an analysis by SKRIVANEK and/or its affiliated language teachers (hereinafter the “AUDITORS”, and separately as the “AUDITOR”.
4. AUDIT results are communicated to the CUSTOMER within 2 working days in the form of a report, with the indication of the correspondence with the European CEFRL level and a summary report regarding the answered provided by the AUDITEE to the various questions proposed during the AUDIT. These results are communicated to the CUSTOMER via e-mail.
5. Unless agreed otherwise by SKRIVANEK and the CUSTOMER, the AUDITEE’s AUDIT results are not communicated by SKRIVANEK to the AUDITEE. The CUSTOMER remains free to communicate the result to the AUDITEE that requests it.
6. The CUSTOMER shall manage any objection by the AUDITEE to the AUDIT results, without involving SKRIVANEK in this respect. The CUSTOMER acknowledges that there will be no re-examination of a AUDITEE’s AUDIT, including in case of objection by the AUDITEE to his test results.

Article 3 Providing Access to the Service

1. In order to be able to access the service offered by SKRIVANEK, the CUSTOMER will be granted access to the AUDIT in form of a unique link.
2. The use of the PLATFORM is a subject to SKRIVANEK’s Terms of use of the PLATFORM (https://focusaudits.eu/terms-of-use-for-auditee/). Any AUDITEE accessing the platform is deemed as having accepted these Terms of use.
3. One AUDIT grants right to the following services:
3.1. One individual access to the AUDIT, with possibility to address predefined invitation to AUDITEE.
3.2. The evaluation of the AUDIT by one of the SKRIVANEK’s AUDITORS.
3.3. The results in form of a report, including: the general score in CEFRL scale, general point score, general percentage score, general descriptive evaluation, score in CEFRL scale and percentage score to each part of the AUDIT, descriptive evaluation to each part of the AUDIT.
4. Each individual access to the AUDIT results in automatic full use of an AUDIT, irrespective of whatever the AUDITEE has executed the AUDIT.
5. The CUSTOMER is exclusively responsible for the use of the AUDIT. Therefore, SKRIVANEK is not responsible for any reimbursement, in full or in part, for the AUDIT that was not used or was used incorrectly.

Article 4 Customer’s Obligations

1. In order for SKRIVANEK to send invitation to the AUDTEE directly from the PLATFORM to take an AUDIT, the CUSTOMER shall supply the following information to SKRIVANEK via the PLATFORM or via e-mail:
1.1. AUDITEE’s name and surname, that can be a subject to pseudonymization;
1.2. AUDITEE’s valid e-mail address;
1.3. language of communication with AUDITEE (Polish, English, German or French).
2. By supplying SKRIVANEK with information listed above, the CUSTOMER declares that has full rights to share personal data of the AUDITEE with SKRIVANEK.
3. Name and surname of the AUDITEE can be a subject to pseudonymization completed by the CUSTOMER. In such case SKRIVANEK shall receive name and surname of the AUDITEE only in in pseudonymous form.
4. If the AUDITEE’s e-mail address is not given or is a subject to pseudonymization, the CUSTOMER obliges to deliver unique link to the AUDIT directly to AUDITEE.
5. It is expressly agreed that SKRIVANEK does not guarantee the identity of the AUDITEE that actually took the AUDIT and shall notably not be held liable in case of fraudulent use or bad faith by the AUDITEE of the personal invitation to take the AUDIT.

Article 5 Confidentiality Clause

1. SKRIVANEK undertakes to keep confidential all information provided and made available to it by the CUSTOMER for the purpose of preparing the order and/or proper performance of the Service. Such information may be disclosed exclusively to the employees and sub-contractors who are directly involved in preparing the Terms of the Order and completing the Order. SKRIVANEK hereby declares that all subcontractors involved in completion of the CUSTOMER’s orders have concluded a confidentiality agreement with regard to any and all information of the CUSTOMERS.
2. In order to guarantee the impartiality of the assessment of the AUDIT by AUDITORS, AUDITEE’s answers to the questions given in the AUDIT are communicated to them in an anonymised form.

Article 5 Personal Data

1. The Parties undertake to process personal data obtained in connection with their mutual cooperation in accordance with the provisions of the applicable personal data protection legislation, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the GDPR), in particular to process such data in a reliable and transparent manner and ensure adequate protection of data integrity and confidentiality.
2. The CUSTOMER declares that they are authorised to provide SKRIVANEK with personal data in connection with the provision of services.
3. SKRIVANEK’s rules for personal data processing are available on the SKRIVANEK’s website at: https://focusaudits.eu/privacy-policy/ and constitute an integral part of these T&C.

Article 6 Final Provisions

1. If one or more clauses of the T&C are deemed invalid and/or void and/or inapplicable by application of a law, regulation or following a final decision of the competent court, the other clauses shall remain fully applicable.
2. The fact that SKRIVANEK does not assert any of the clauses of T&C at any time shall not be deemed as a waiver to assert the same clauses in the future.
3. The T&C are subject to Polish law and any disputes related to the obligations arising therefrom will be settled by the competent courts in Poland. The Parties shall try to find an amicable solution in case of disagreement regarding the execution or interpretation of these T&C.
4. These T&C have been drawn up in two language versions. In the event of any discrepancies between the T&C in Polish and English, the Polish version shall prevail.

T&C updated on 08.03.2023.