1    Basic information

1.1    These Terms and Conditions – Courses and Workshops (the “Terms and Conditions”) of ASA Europe, z. s., having its registered office at Hvězdova 1734/2c, Nusle, 140 00 Praha 4, company reg. no.: 048 00 761, registered in the Register of Institutes maintained by the Municipal Court in Prague, section L, file 64863 (“ASA”), govern relations between ASA and the client who orders participation in the course (the „Client“, together with ASA “Parties”, each individually also “Party”) in connection with the provision of education services, courses, trainings, seminars, workshops (or a set of these) and other lecturing services (the „Course“). 

1.2    The sole entity that the Terms and Conditions are addressed and applicable to and that is exclusively entitled to claim any rights arising out of the below-mentioned Contract and/or these Terms and Conditions is the Client entering into a contract with ASA. 

2    Contract and its conclusion

2.1    The Course will be provided to the Client in person, via Internet-based platforms or combination of both. The contract in relation to a specific Course (the „Contract”) is executed either in writing (including e-mail) or by an online registration subsequently confirmed by ASA:
(a)    in case of written communication, the Contract is concluded when ASA has delivered to the Client a Course confirmation (the “Confirmation”);
(b)    in case of online registration, the Contract is concluded when ASA has delivered to the Client the Confirmation upon receiving the completed registration form. 

2.2    By filling in and sending the completed registration form or submitting the registration in writing the Client agrees with these Terms and Conditions, which are integral part of the Contract.

3    Subject of contract

3.1    The subject of Contract is ASA’s obligation to provide the Course to the Client, i.e. to allow the Client or another person specified by the Client (the “Participant”) to attend the Course under the terms of the Course.

3.2    The Client is obliged to pay the fee for the Course, which is specified in the Course terms or in the received invoice. Prior to participating in the Course, the Client is obligated to settle the advance invoice or prove the payment, otherwise ASA may not allow the Client or the Participant to attend the Course.

4    Payment terms

4.1    The payment might be performed: 
(a)    by credit or debit card online via the payment gateway; or  
(b)    by the bank transfer upon receiving the advance invoice, which will be issued upon the conclusion of the Contract according to clause 2.1 hereof. The Client is required to settle the advance invoice within two (2) weeks of the invoice date.


4.2    Upon the conclusion of the Contract according to clause 2.1 hereof, ASA will issue an advance invoice for the Course fee containing the invoicing information provided in the registration form or e-mail to the Client’s e-mail address (provided in registration form).

4.3    The Client is obliged to pay any taxes such as VAT or withholding tax, that are due in relation to provision of the Course.

4.4    ASA is entitled to the Course fee upon delivery of any part of the Course to the Client or the Participant attending the Course on behalf of the Client. The final invoice will be issued by ASA after the last session of the Course.

5    Cancellation and termination

5.1    If the Client or Participant does not attend the Course and the Client does not cancel the Course attendance in written notice to ASA’s e-mail address info@evalin.org at least 15 working days before the Course date, ASA shall be entitled to a cancellation fee at the full amount of the Course fee as was paid by the advance invoice.

5.2    The decisive date of cancellation of Course attendance is the date of delivery of the Client’s written notice.

5.3    ASA reserves the right to cancel the Course or to limit the number of enrolled students in the Course. ASA shall notify the Client of Course cancellation without undue delay. In case ASA decides to cancel the Course, the Client will be reimbursed the full fee paid for the cancelled Course.

6    Information about change

6.1    ASA reserves the right to change the venue, the format of the Course (in-person/online), the lecturer or the date of the Course.

6.2    ASA reserves the right to adjust other aspects of the Course such as the content of the Course provided it will not affect its general purpose.

6.3    ASA shall notify the Client of any change without undue delay.

6.4    If the Client indicated a Participant to attend the Course, the Client may change the Participant at any time before the commencement of the Course. 

7    Intellectual property

7.1    The Client may receive the Course materials, presentations or other hand-outs (the “Hand-outs”). The Hand-outs may be used for internal purposes of the Client and Participant. The Client must not provide the Hand-outs to any third persons. 

7.2    The Client undertakes to ensure that the Participant as well as any other persons, who might have access to the Hand-outs (esp. the Client’s employees or agents) comply with these terms. 

7.3    ASA or other third parties providing the Hand-outs remain the owners of any subject intellectual property rights provided to the Client.

8    Limitation of liability

8.1    The Client agrees that ASA is not liable for any indirect or subsequent damage, data loss, lost goodwill, lost business opportunity or lost profits. The total amount of the compensation for any damage caused in relation to the Course, except for damage caused intentionally, is limited to the amount of fees paid for the Course by the Client.

8.2    The information contained in the Hand-outs or provided during the Course cannot be construed as advice or exhaustive analysis of the relevant topic. ASA is not responsible for any actions performed by the Client and/or Participant based on the information provided.

9    Confidentiality and personal data protection

9.1    Each Party is obligated to maintain confidentiality of all facts that might harm the reputation of or cause material or other loss to the other Party. 

9.2    All non-public information concerning the other Party that either Party becomes aware of when negotiating, entering into, or performing the Contract, is deemed confidential information. Each Party undertakes to maintain confidentiality of all confidential information and trade secrets of the other Party as well as of security measures the disclosure of which would jeopardise the security of a trade secret, confidential information, or personal data of the other Party’s customers or business partners (“Protected Information”). 

9.3    The obligation of confidentiality is not breached if Protected Information is disclosed which: 
(a)    has been relieved of such restrictions by the other Party’s written consent; 
(a)    is provided to persons that have a statutory obligation of confidentiality to at least the same extent as set forth in the Contract and these Terms and Conditions; 
(b)    is used in compliance with the Contract and these Terms and Conditions in relation to the provision of consultancy; 
(c)    is publicly available or has been disclosed other than in breach of either Party’s obligation; 
(d)    is demonstrably known to the recipient before it is disclosed by either Party; 
(e)    is provided, to the extent necessary, to bodies or persons that have a right to receive such information under law. 

9.4    ASA’s personnel and agents are obligated to maintain confidentiality to the same extent as ASA. The obligation of confidentiality also applies to the Parties’ successors. 

9.5    The Parties undertake to limit the number of employees in contact with confidential information and take effective measures to prevent a leak of information. Furthermore, the Parties undertake to ensure that proper records are kept of all received documents.

9.6    The obligation of confidentiality concerning confidential information lasts for two (2) years from the date the confidential information is provided regardless of the termination of the legal relation arising from the Contract.

9.7    If either Party finds out that any of its employees or subcontractors has breached the confidentiality of information in any way, that Party must immediately notify the other Party and provide the other Party with any reasonable assistance in any proceedings that the other Party may bring against such persons.

9.8    The Parties acknowledge that they will proceed in compliance with applicable data protection legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council and related national legislation. 

9.9    The Client understands that personal data provided by the Client or the Client’s personnel or agents will be processed by ASA as the controller for the following purposes: (i) providing services; (ii) ensuring compliance with applicable legal, regulatory, or professional requirements; (iii) dealing with requests or communications from competent public authorities; (iv) administering contracts, books of accounts, and client relations; (v) using systems and applications for information technology and information system services. Personal data may be disclosed/transferred to personal data recipients (especially controllers and processors) for the aforementioned purposes. The full text of the ASA’s statement on the protection of personal data is available on the ASA’s website: https://www.evalin.org.  

10    Other stipulations

10.1    The Client understands and acknowledges that ASA may refer to the Client in its marketing activities and presentation materials. 

10.2    The Client understands and acknowledges that ASA may take photos or other audio-visual materials during the Course and may use them in its marketing activities and presentation materials.

11    Final provisions

11.1    The relationship between ASA and the Client established upon the Contract concluded by the Parties is governed by these Terms and Conditions and the laws of the Czech Republic.

11.2    Should the Contract made between the Parties contain a stipulation that contradicts any of the provisions in the Terms and Conditions, then the stipulation contained in the Contract prevails. 

11.3    These Terms and Conditions are drafted under the assumption that the Client concluding the Contract with ASA is either a legal entity or a self-employed natural person (entrepreneur). ASA, however, does not wish to exclude non-entrepreneurial natural persons from enrolling to the available Courses. Therefore, should a natural person, who is a consumer within the meaning of section 419 of the Civil Code, wish to conclude the Contract, these Terms and Conditions shall apply to the maximum extent allowed by the Civil Code.

11.4    The Parties agree that the following provisions of the Civil Code do not apply to relations under the Contract: section 557, section 1799, section 1800, and section 1805(2).

11.5    The Client assumes the risk of change in circumstances within the meaning of Civil Code section 1765.

11.6    The Parties exclude the application of Civil Code section 1740(3), which provides that the agreement is made even if there is not complete agreement of the Parties’ manifestations of will. 

11.7    Any right arising from the Contract or from a breach thereof is time-barred under the statute of limitations after 2 (two) years from the date on which the right could have been exercised for the first time.

11.8    ASA may unilaterally change the Terms and Conditions to a reasonable extent. ASA must provide the Client with prior notice of proposed changes to the Terms and Conditions sent to the Client’s e-mail or postal address at least fourteen (14) days before the effective date of those changes. If the Client disagrees with an intended change, the Client may terminate the Contract by written notice until the proposed change becomes effective. In that case, the notice will take effect and the contractual relation under the Contract will terminate as soon as the relevant change to the Terms and Conditions becomes effective.