Terms and conditions

Training Center – Training and consulting company Valkir Academy Sp. z o.o. with headquarters in Warsaw, registered at aleja Waszyngtona 146, 04-076 Warsaw, signed into the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIV Economic Department of the National Court Register under number 0000469954, VAT ID PL5213651824, share capital in the amount of PLN 10 000, represented by the Chairman of the Board – Daniel Piotr Skowroński.

Contact details, including email address and phone number, are available on the Training Center’s website in the contact section.

Customer – Both individual and company/institution willing to use or already using both products and services such as training or consultancy, as well as training materials, publications or any other content delivered by the Training Center.

Participant – Service recipient, a person attending either training or consulting services, who has self-registered as an individual or was delegated on behalf of company/institution.

Consumer – Customer who is an individual concluding an agreement for a delivery of services with the Training Center, not related directly to the business or professional activity of that person.

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Force majeure – An extraordinary, external event, impossible to foresee and inevitable which may obstruct the service or make it completely undeliverable.

Service – Training service, consulting service or other service provided by the Training Center for the Customer/Participant.

Agreement – Agreement for training, consultancy or any other subject concluded between the Training Center and the Customer.

1. These Terms and Conditions define the general rules related to the purchase, organization and participation in training and the use of consulting services.
   
   
2. Both Customer and Participants accept and are obliged to follow Terms and Conditions specified by the Training Center in this document.
   
   
3. The condition for concluding the Agreement is to read and accept these Terms and Conditions.

1. Training fees, unless previously agreed otherwise, will be consistent with the current price list published in Training Catalog on Training Center’s website or in the description of the training.
   
   
2. Open training price includes: training materials, certificate, and in case of onsite training venue rental fee, coffee and lunch breaks each day of training.
   
   
3. Private in-house training prices are agreed individually with the Customer.
   
   
4. Consulting fees are agreed individually with the Customer.

1. In case of standard training listed in Training Catalog and performed by experts from Poland the following payment terms apply:
   
   
   • Individuals → in advance, prepayment should be processed at least 5 business days before the beginning of a training, based on a Pro-forma document delivered by the Training Center.
     
     
   • Companies and institutions registered in the EU (European Union) → on invoice, after training completion, on condition that registration for the training was made either using application form available on Training Center’s website or any other way previously agreed with the Training Center, as long as the Customer accepts hereby presented Terms and Conditions.
     
     In the case of payments described in point b above, it is made within 14 days from the date of the training completion. This payment mode requires contacting the Training Center. Any changes regarding payment term and mode require mutual agreement between Customer and Training Center.
     
     
   • Companies and institutions registered outside the EU (European Union) → in advance, prepayment should be processed 5 calendar days at latest after training registration, based on a Pro-forma document delivered by the Training Center. Lack of payment will be considered as Customer’s resignation from attendance.
     
     In case of training cancellation, the funds will be returned to the Customer’s account, from which the transfer was made within 5 business days of training cancellation date.
     
     
2. In case of training performed by foreign experts:
   
   
   • Individuals, companies and institutions → in advance, prepayment should be processed 5 calendar days at latest after training registration, based on a Pro-forma document delivered by the Training Center. Lack of payment will be considered as Customer’s resignation from attendance.
     
     In case of training cancellation, the funds will be returned to the Customer’s account, from which the transfer was made within 5 business days of training cancellation date.
     
     
3. The Customer agrees to receive invoices, corrective invoices and their duplicates by electronic means to an email address provided by the Customer in the form or in the order. In the event of a change of the email address referred to in the preceding sentence, the Customer is obliged to notify the Training Center of this fact by electronic means using an email address available on the Training Center’s website.
   
   
4. The Training Center has the right to refuse participation in the training or refuse to provide the consulting service to the Participant, in the event of lack of payment whenever it was required in advance.

1. All reservations should be made via application forms provided by the Training Center: either electronic on the Training Center’s website, via form sent to the email address provided by the Customer, traditional (in written form) or as an attachment to the framework Agreement.
   
   
2. Any other way of reservation, including Customer’s PO (Purchase Order) requires mutual agreement between the Customer and the Training Center.
   
   
3. Reservation should be done at least 7 calendar days before the beginning of a training. Any exemption should be previously agreed with the Training Center.
   
   
4. Making a reservation via the application form provided by the Training Center does not imply acceptance of the application. Acceptance confirmation of the application is sent by the Training Center employee via email and in case of open training depends on the availability of seats. In the absence of seats, the Training Center undertakes to immediately notify the Customer about this fact.
   
   
5. Acceptance confirmation of the application sent by the Training Center employee via email is legally binding for the Customer and means the conclusion of the Agreement between Customer and the Training Center which implies obligation for payment. After confirming the acceptance of the application, the Training Center does not require any additional consent or confirmation from the Customer to proceed payment collection and to provide the Service.
   
   
6. The final confirmation of the Service delivery by the Training Center (including organizational information) or Service delivery cancellation/date reschedule (e.g. as a result of insufficient number of participants) takes place electronically not later than 7 calendar days before the planned beginning of Service delivery.
   
   
7. The Customer has the right to cancel or change the participation to another date in accordance with the Service cancellation or change conditions described in the further part of this document.
   
   
8. The Customer declares that the persons signing and sending the forms have been authorized to conclude the Agreement on behalf of the Customer and accept these Terms and Conditions.

1. The Customer who is not a Consumer has the right to resign from the Service, i.e. cancel or change it in accordance with the conditions set out below.
   
   
2. In case of training cancellation by Customer when training is performed by Polish experts, if cancellation happens less than 12 business days before the beginning of a training, the Customer is obliged to pay a handling fee of 50% of the training price. In the event of failure to notify resignation or training cancellation within a period shorter than 5 business days, the Customer is obliged to cover the entire cost of the training (100%).
   
   
3. In case of training cancellation by Customer when training is performed by foreign experts, if cancellation happens less than 35 calendar days before the beginning of a training, the Customer is obliged to pay 100% of the training price (prepaid funds won’t be refunded).
   
   
4. The Training Center reserves the right to change the delivery date or cancel the Service. In case of open training cancellation by the Training Center due to insufficient number of people registered that resulted in being unable to cover the cost of the training, the Training Center reserves the right to change the training date or cancel the open training completely.
   
   
5. In case of training performed by Polish experts, the Customer or Participant can change the date or cancel participation free of charge up to 12 business days before the beginning of the Service delivery. In the event of exceeding the deadline, the same provisions as described in clause nr 2 of this paragraph shall apply.
   
   
6. In case of training performed by foreign experts, the Customer or Participant can change the date or cancel participation free of charge up to 35 calendar days before the beginning of a Service delivery. In the event of exceeding the deadline, the same provisions as described in clause nr 3 of this paragraph shall apply.
   
   
7. If the training is canceled or postponed and it resulted from Force Majeure or other reasons for which the Training Center is not responsible, the amount already paid by the Customer will be refunded, however the Customer cannot claim compensation for damages or profit loss.
   
   
8. The absence of the Customer/Participant at the training does not release the Customer from the obligation to pay the fee due to the Training Center, nor does it constitute any basis for the refund of the previously paid fee.

1. The Consumer who has concluded a distance or off-premises Agreement within the meaning of the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287) has the right to withdraw from the Agreement within 14 days from its conclusion without giving a reason and without incurring costs, subject to clause 2 and 3 of this paragraph.
   
   
2. The Consumer concluding the Agreement for the provision of the Service less than 14 days before the training/delivery of the Service agrees to start the provision of the Service before the expiry of the 14-day period referred to in clause 1. In such a case, the right to withdraw from the Agreement shall not apply from the moment the Service delivery begins.
   
   
3. After expressly requesting the Service to be performed before the deadline for withdrawing from this type of Agreement, whenever the Consumer exercises the right to withdraw from the Agreement concluded remotely or off-premises, the Consumer is then obliged to pay for the Service fulfilled until the withdrawal from such an Agreement. The amount of the payment is calculated in proportion to the scope of the Service delivered, taking into account the fees agreed in the Agreement resulting from the provisions of paragraph 6.
   
   
4. The 14-day period referred to in clause 1 above begins from the date of the Agreement conclusion.
   
   
5. To meet the above deadline, it is enough to send a declaration of withdrawal from the Agreement to the Training Center via email to the email address available on the website. The Training Center will immediately confirm to the Consumer when the declaration of withdrawal from the Agreement will be received.

1. The Customer in behalf of delegated Participants is obliged to verify minimum technical requirements that enable remote training participation prior to formal service purchase order.
   
   Minimum technical requirements:
   • Computer or a setup with a docking station that enables efficient operation on a screen with a min 15’ inches diagonal (we recommend Full HD 1920×1080 resolution and higher).
   • Updated and the latest version of Google Chrome, FireFox or Opera browser.
   • Readiness for active participation with the webcam turned on.
   • External headphones with a microphone, we care a lot to avoid reverberation and voice issues.
   • Realistic (not only declarative) 10 Mb/s (Megabits / second) internet connection bandwidth, preferably verified by the https://www.speedtest.net/ service.
   • For the Zoom and Google Meet communication tools, you do not need to have an account, however you need to test audio/video via links respectively Zoom test call and Google Meet settings (rack in the upper right corner of the screen).
   • For remote cooperation platforms:
     • Mural and Miro – During the remote session, participants will receive a link to join as a guest editor (anonymous link without registration). These platforms generate random identifiers, therefore after joining into the platform, it will be required to add your name and surname as part of the avatar in order to uniquely identify the participant. Read more about the Mural guest editor and more about the Miro guest editor.
     • Google Drawings – Having a Google Account to identify a person using tools and a platform for remote cooperation, regardless of whether it will be an account in the business (paid) plan or a free Google account. Having GMail (even free) equals by default having a Google account.
       
       

     Please remember that in addition to the additional requirements for online training described above, you must also meet all the requirements related to the specific training itself. In particular it is related to specialized software for engineering practices (e.g. training like APS-SD, DDD, BDD, etc.).
     
     

2. In case it would be impossible to resolve significant technical difficulties affecting specific Participant which occurred before or at the beginning of the training, the trainer on behalf of the Training Center has the right to remove the Participant from the training session and transfer to another available training date.
   
   
3. Participation transfer to another training date due to technical difficulties does not abolish obligation payment of the entire training cost.
   
   
4. A new training date will be agreed between the Customer and the Training Center via phone or email. Contact details are available at: https://valkir.pl/en/contact-details/.
   
   
5. The right of participation transfer to another training session does not apply to training performed by foreign experts, who usually perform training in the guest formula as part of partnership agreement with the Training Center.

1. The Training Center allows Customers with business units in Poland and under Polish law to purchase Services under available subsidizing programs. Information on how to acquire funds and order subsidized Services is available only in Polish language at: https://valkir.pl/uzyskaj-dofinansowanie/.
   
   
2. The provisions of these Terms and Conditions apply to the delivery of subsidized Services.

1. It is assumed that the training will take place in accordance with previous arrangements with the Customer and will be performed according to the defined outline. If the Customer/Participant notices any shortcomings or flaws in a trainer’s work during the training, the Customer is obliged to immediately report these observations to the employee of the Training Center (via the website, by phone or by sending an email). The trainer can change the training outline and the method of teaching at request, provided that all Participants agree to such a change.
   
   
2. If the result of the above actions does not meet Customer’s expectations regarding the scope and quality of the Service, a complaint may be submitted within 5 business days after the last day of the training or each time consulting service takes place as a part of the signed consulting agreement.
   
   
3. If the Service ends with signing the acceptance protocol (e.g. Customer requirement), then complaint submission is possible before signing the protocol.
   
   
4. Complaints may be submitted by the Customer via email contact@valkir.net. The complaint submission should contain the following information:
   
   
   • name and surname,
   • phone number and email address,
   • company name,
   • contact details of service purchaser,
   • service name,
   • date and place of service delivery,
   • detailed description of the complaint.
     
     
5. Complaints are considered within 10 business days from the date of submission. The person submitting the complaint is informed about the decision by an email. If the complaint analysis or complaint procedure confirms that the previously agreed terms of the Agreement or the order have not been met, the complaint will be accepted. The amount of claims may not exceed the order amount.

The Training Center has no liability for any errors, defects, inaccuracies or irregularities in the training materials provided, or for any consequential damages resulting in provided Services.

The Customer has liability for compliance with these regulations by delegates who are Service recipients (Participants).

1. All proprietary training materials and equipment are the property of the Training Center or cooperating partners (under the terms of separate partnership agreements). All accredited materials are the property of the given accreditation body and used under the license terms and accreditation agreements established directly or indirectly with the Training Center.
   
   
2. The Training Center owns all copyrights to the proprietary materials provided or developed during the training. Copying, lending, paid sharing in part or in full with other entities is prohibited.
   
   
3. The Customer will not obtain any copyrights or intellectual property rights owned by the Training Center. The Customer is not entitled to perform similar training for the benefit of other entities or its own employees, unless the Parties agree otherwise in a separate Agreement.

1. By registering persons for the training, the Customer agrees that the training Participants cannot carry out this or similar training for any company that is directly or indirectly competing with the Training Center.
   
   
2. The Customer and any person associated with it will not offer the employment contract to any of the Training Center employees up to 12 months after the training completion (unless otherwise agreed in the Agreement).
   
   The contractual penalty for violating this provision is the amount of the Training Center employee’s annual gross salary.
   
   
3. The Customer who is not a natural person (and any persons associated with it) will not directly negotiate current and future training or consulting projects with trainers and consultants cooperating with the Training Center without the prior written consent of the Training Center.
   
   In the case of loss of profits resulting from these negotiations, the Customer is obliged to pay the Training Center the amount of PLN 50,000 for each day of loss of profits or total loss of business, depending on which amount is higher.
   
   
4. It is assumed that the Customer has the original software licenses necessary for all courses hold at the place designated by the Customer (e.g. in the case of private in-house training at the Customer’s premises or remotely). Training participants have liability for causing any damage at the training location – including, but not limited to: damage to data, equipment or premises and their fittings.
   
   
5. The Training Center has no liability for any theft or loss of Customer’s property left in the Service delivery facility or any damage or loss resulting from participation in the training and Services anywhere in the world. Valuables, computer equipment, personal items etc. should not be left unattended. The Customer and/or Participant confirms that it is aware that even if trainers/consultants and employees offer supervision of these things during breaks, they are not able to guarantee supervision and insurance for items and losses that may occur.

1. The data controller determines the purposes for which and the means by which personal data is processed. The Training Center is the data controller.
   
   
2. Correspondence with the Training Center in matters related to privacy and personal data protection should be sent to gdpr@valkir.net or by post to the address indicated in the first paragraph of this document.
   
   
3. Personal data are used for six main purposes:
   
   
   • In order to organize, perform and process payment for the Service, on the principle that states the processing of personal data is authorized when it is necessary to follow the provisions of these Terms and Conditions between the controller (Training Center) and a data subject (Customer/Participant) to whom the data relates (GDPR art. 6 para. 1 letter b).
     
     
   • For promotional purposes carried out by publishing a photo or video from a training or consulting service as part of a post or article on the Training Center websites and on the Training Center social media. The principle for the promotional purposes execution using your data (primarily the image) is also the data processing necessity in order to comply with the provisions of these Terms and Conditions (GDPR art. 6 para. 1 letter b).
     
     
   • At the same time, acceptance of the provisions of these Terms and Conditions is understood as consent to the publication of the image within the meaning of art. 81 section 1 of the Act on Copyright and Related Rights (Polish law). The consent is not territorially limited and is valid from the date of its expression until its withdrawal. The Participant’s image may also be captured and published on the websites.
     
     
   • For the purposes of reporting to possible funders or accreditation bodies (applies to subsidized and/or accredited training).
     
     
   • In the case of consulting services, to document the progress of consulting activities delivered in the Customer’s organization. For the purpose of this process, the data will be archived and then combined with similar information collected during cooperation in order to demonstrate and document changes that are taking place in the Customer’s organization. The principle for data processing under this purpose is the necessity of these activities for the execution of the Agreement that binds the Training Center with the Customer. The controller states that obtaining the ability to fulfill his obligations is his legitimate interest (GDPR art. 6 para. 1 letter f).
     
     
   • For commemorative purposes. The controller collects and stores information about performed activities. This data is not subject to public disclosure or disclosure to persons outside the group of employees and associates of the controller. Gathering commemorative photos in order to build the atmosphere and identity of the controller’s company is considered by the controller as legitimate interest (GDPR art. 6 para. 1 letter f).
     
     
4. Your personal data will be transferred to the accrediting entity for the purposes of issuing the certificate (applies to accredited training).
   
   
5. Your personal data may be transferred to the founder in the process of logistics and training governance (applies to subsidized training).
   
   
6. To provide our Services, we use professional services of external companies. All companies that provide services to the Training Center operate solely on the basis of signed contracts and under our supervision. These entities may not themselves take any action on your data. They only follow written instructions. These companies are:
   • Accounting office.
   • Electronic mail and hosting service providers.
   • Software as a service providers (with particular emphasis on productivity and group cooperation tools providers, CRM provider, communication and online video conferencing tools providers).
   • Providers of tools for analyzing the users behaviors of our websites and measuring the reach and effectiveness of advertisements.
   • Social media websites that we use to maintain business relationship with you and for advertising purposes.
   • Experts, trainers, consultants, advisors who are our subcontractors.
     
     
7. Some of the service providers used by the Training Center are located overseas. Therefore the so-called cross-border data transfer occurs. For safety reasons, however, the Training Center uses only the services of reputable suppliers – entities certified in the Privacy Shield program (https://www.privacyshield.gov/Program-Overview) and related contracts constructed using the so-called “standard contractual clauses”. These are the regulations developed by the European Commission specifically to protect privacy in international cooperation.
   
   
8. Your data will also be:
   • Transferred to the payment operator to enable you electronic payment.
   • Published on the Training Center website and on the Training Center social media (applies only to photos with your participation).
     
     
9. Your registration and billing personal data will be stored for a period of 6 years.
   
   
10. Photos or recordings with your participation will be processed within no more than 3 months. After this period, materials that we choose not to publish will be removed.
    
    
11. Published materials will be available on the Internet for a period of 10 years.
    
    
12. Data collected for the purposes of documenting consulting services for your organization will be processed for a period of 10 years.
    
    
13. The data that the controller collects for commemorative purposes will be processed for a period of 25 years.
    
    
14. Due to the use of personal data, the data subjects (Customer/Participant) have the following rights:
    • The right to revoke consent to marketing contact at any time. Consent revocation does not have any negative consequences for you.
    • The right to revoke communication consent on Facebook by changing your profile settings or deleting your Facebook account.
    • The right to access content regarding your personal data, the right to data rectification and to obtain a copy of it.
    • The right to restrict processing of your personal data and the right to erasure (this right does not apply when the data are needed by the Training Center to comply with legal obligations, therefore will not apply to the data contained in the accounting documentation, furthermore deleting this data may occur only in the event of previous termination of the cooperation Agreement or before its conclusion).
    • The right to data portability, i.e. requesting the Training Center to send a copy of your data to the indicated entity.
    • The right to object to the further processing of your data.
    • The right to submit a complaint to the President of the Office for Personal Data Protection.
      
      
15. In order to exercise any of the above rights, please contact the Training Center via gdpr@valkir.net.
    
    
16. The Customer declares that it has obtained the data of Participants of the Service in a lawful manner, and these persons have consented to the transfer of their data for the purpose of registration for the Service. Furthermore, the Customer has evidence of the appropriate consents expressed by the indicated persons or has another principle for processing and transferring this data.

All conditions (agreements, requirements, etc.) set by the Customer should be agreed during inquiry analysis. In case they are not determined on time, the Training Center reserves the right to reject them and/or change the terms and price of the training.

1. Any disputes arising between the Customer/Participant who is not a Consumer and the Training Center resulting from the Agreement and these Terms and Conditions shall be resolved by amicable means and in the event of lack of resolution, the court having jurisdiction is the court relevant to the Training Center headquarters.
   
   
2. Any disputes arising between the Customer/Participant who is a Consumer and the Training Center resulting from the Agreement and these Terms and Conditions may be resolved in an out-of-court manner of complaints processing and pursuing claims through the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Warsaw. Information on how to access the procedures in force in this court can be found at: www.uokik.gov.pl.
   
   
3. These Terms and Conditions shall apply from June 1st, 2022.