HDA Rockcellence Inc. – Terms and Conditions
In these Terms and Conditions:
“Agreement” means the Agreement (of which these Terms and Conditions form part) made between the HDA and the Client in relation to the Participant’s place on the Program;
“Business Day” means a day on which banks are open for general business in Ontario and in Slovenia (other than a Saturday or Sunday);
“Client” means the entity responsible for the Program Fee for the Participant who should be named as “the invoicee” in an event that the Participant is not the invoicee˝
“Commencement Date” means the date on which the Program is due to commence;
“Default Rate” means the rate of 10% per annum;
“the HDA” means HDA Rockcellence Ltd., whose main office and address for service of legal documents is, Okroglarjeva ulica 8, 1231 Ljubljana-Črnuče, Slovenia, as well as HDA Rockcellence Inc., whose main office and address for service of legal documents is, 770 Brown’s Line, Toronto, ON M8W 3W2, Canada, depending on Hosting Country of the Program;
“the Hosting Country” means the country in which the Program is carried out;
“the Participant” means the individual who has applied to participate on the Program and the HDA has agreed to admit on the Program;
“the Program” means the program at the HDA which the Participant is to attend;
“Program Fee” means the fee payable by the Client to the HDA in relation to the Participant’s place on the Program;
“Registration Fee” means the fee payable by the Client to the HDA in relation to the Participant’s acceptance to the program;
“Session” means an iteration of the Program;
- The Agreement
2.1 These are the terms and conditions on which the HDA must deliver the Program onto which the HDA has admitted the Participant. The Agreement does relate to all the travel and social activities which are organised by the HDA and are considered as a part of the Program.
2.2 The Agreement must come into being when the HDA sends the Client confirmation that the Participant has been accepted onto the Program.
2.3 This Agreement constitutes the entire agreement between the Client and the HDA and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the Client and the HDA, whether written or oral, relating to its subject matter, including in particular but not limited to other similar information that may appear on the HDA’s webpages.
2.4 The participant acknowledges and agrees that all kinds of information in oral form does not oblige the HDA more than its statements in the program of offers in written form. In case of doubt, the following is always considered valid: written offer, written information and written explanation.
- Amendments to the Program
3.1 The HDA will make all reasonable efforts to deliver the Program as described in the brochure and on the HDA’s website. However, the HDA must manage its resources efficiently and must be entitled:
(a) to alter the timetable, location, number of classes and method of delivery of the Program; and
(b) to make reasonable variations to the content and syllabus of the Program.
3.2 The HDA will make available to the Participant such learning support, IT and other facilities it considers appropriate, but may vary what it provides from time to time provided such variations are reasonable.
4.1 The Client will pay the Registration Fee within eight (8) days of invoice date.
4.2 The Client agrees that the place in the program for the Participant will only be secured after the Registration Fee is paid.
4.3 The Client will pay the Program Fee within fifteen (15) days of invoice date or one (1) month before the Commencement Date, whichever is earliest.
4.4 The Client will pay the Registration Fee and the Program Fee in official currency of the Hosting Country. No other currency will be excepted.
4.5 If in accordance with any relevant foreign legislation, any income tax, value added tax, or any other tax, levy, duty, charge, assessment or fee of any nature is required to be or is deducted or withheld from any payment of the Registration Fee and the Program Fee hereunder made by the Client under this Agreement, the amount of the fee payable by the Client hereunder must be increased to an amount, which after making such deduction or withholding leaves an amount of the fee unchanged in comparison to the payment which would have been due if no such deduction or withholding been required.
4.6 If the HDA accepts a Participant on the Program, the HDA will send an email with the notification of acceptance and an invoice for the Registration Fee, payment for which should be received by the deadline specified in Article 4.1. Details of how to pay the Registration Fee will be included in the invoice. The Registration Fee is non-refundable and it will be deducted from your Program Fee. In case of non-payment or delayed payment of the Registration Fee, the HDA has the right to cancel the confirmation and withdraw the Participant from the program.
4.7 After the payment of the Registration Fee the Participant will receive The Letter of Acceptance with the invoice for the Program Fee, payment for which should be received by the deadline specified in Article 4.2. Details of how to pay the Program Fee will be included in the invoice.
4.8 In an event that the Participant decide to apply for offered Breakfast package as well as for any other package offered by HDA, costs of packages will be added to the Program Fee invoice. The Participant explicitly agrees and acknowledges that the packages is not refundable.
4.9 In an event of the preliminary agreement between the Client and the HDA, payment in instalments or via PayPal is possible. If that kind of an agreement is put into force the Registration Fee and the Participation Fee are increased by 3%
- The Participant’s Obligations
5.1 The Participant must:
- understand that is solely responsible for having sufficient English language skills to be able to understand and follow the courses. The Client understands and agrees that no refund can be claimed if the Participant is unable to understand, complete or pass the course examination because of the Participants limited English skills;
- provide the HDA with personal information that are exactly the same as personal information on the Participant’s legal document (passport), which is carried with the Participant during the program. If the Participant provides wrong information and that this causes delay, extra expenses or ending of the Program, the Participant is solely and personally responsible for incurred costs to other participants of the Program, if they are incurred to the other participants. The Participant will completely reimburse the HDA for all costs related to and incurred by that event;
- provide the Program Director with crucial medical information (chronical illness, allergies etc.) and other information that are vital for the Participants well-being;
- behave with honesty and integrity at all times and show courtesy, consideration and respect for others;
- acknowledge and agree that is personally obliged to respect the house rules of the accommodation and classrooms of lectures. The Participant also agrees to cooperate in good faith with the representative from the HDA. If the participant does not fulfil the obligations, the Participant is solely held responsible for any damages the participant sustains in such circumstances;
- if the Participant does not comply with the stipulation from paragraph d and e of this article, the Program Director has a right to remove the participant from the continuing program without compensation for any costs;
- acknowledge and agree that each Participant has to make arrangements with his home institution on his or her own in order to be granted for credit (ECTS credits) for the passing of the program. The HDA provides all the necessary documents that each participant needs in order to pass the program. The HDA provides all the necessary documents that each participant neds in order for the program to be recognized with ECTS credits;
- participate in all lectures and visitations planned by the HDA, attendance will be taken and students not attending 95% of all lectures/ seminars/ workshops/ corporate visits will not receive the Certificate of Completion;
- complete all assigned readings and case work as assigned by professors;
- participate in all other events related to the program;
- arrive on-time for all lectures and visitations as scheduled by the HDA;
- telephone the HDA Program Director if unable to attend any class, lecture, tutorial, examination or other activity forming part of the Program because of sickness or injury;
- newer be detached from the group during the course of a Program, if such an event occurs the Participant will accept responsibility to seek out a contact and reach the group at its next available destination;
- be aware that in an event of alienation from the group, the Participant will bear all the costs that may incur in an attempt of re-join the group. When help from HDA is required and costs arise, the Participant is solely responsible to reimburse the HDA of all the related costs;
- be adequately prepared for any activity that the Participant is required to undertake as part of the Program outside the HDA;
- respect the confidentiality of all confidential information that the Participant acquires during the course of his or her participation in the Program;
- comply with all other relevant rules and regulations of the HDA, that are stated in annexes to this terms and conditions and as amended from time to time;
- consent to the HDA taking photos or videos of the Participants while they participate in Program activities, and using such photos or video footage for promotional purpose;
- not make any unauthorized visual and/or audio recordings of lecture and other learning and teaching activities by students participating in the Program (and any such recordings may be destroyed).
5.2 The Client must procure that the Participant complies with paragraph 5.1 above.
6.1 The Participant acknowledges that the HDA strongly recommends against renting motor vehicles, such as motorcycles, mopeds, cars and all other motorized vehicles. The HDA recommends the use of public transport, such as metro, street car and taxi.
6.2 In an event that the Participant decide to operate a motorized vehicle, the HDA has no responsibility for the safety of the Participant and for costs that may incur in event of an accident. The Participant must be aware that is acting on his/her own risk and that additional insurance might be required.
7.1 The Client may transfer the Participant from the Program scheduled to start on the Commencement Date to a later Session of the Program or another HDA open program taking place during the twelve (12) months after the Commencement Date provided the Client notifies the HDA in writing of its wish to do so more than 42 days before the Commencement Date.
7.2 If written notice of transfer is received by the HDA 42 days or less before the Commencement Date the Client must pay the HDA (in addition to the Program Fee) a transfer fee which must be a sum equal to a specified percentage of the Program Fee, as follows:
Number of days between (a) the date on which the HDA receives written notification of the transfer; and (b) the Commencement Date Transfer Fee 14 days or less 50% of Program Fee 15 – 28 days 35% of Program Fee 29 – 42 days 20% of Program Fee
- 7.3 The Client may only do a transfer pursuant to this paragraph 7 if:(a) the Client has already paid the HDA the Program Fee;(b) there are unfilled places on the Session of the Program or the program to which the Participant wishes to transfer; and(c) the Client confirms the alternative Session of the Program or program the Participant is to transfer to within two (2) weeks of when they request a transfer. Failure to make such a confirmation will result in the Cancellation Policy in this Agreement applying.7.4 The transfer fees referred to in paragraph 7.2 above must be paid on the Client’s receipt of the HDA’s invoice.7.5 If the HDA increases the program fee before the start of the Session of the Program or the program to which the Participant transfers, the Client will pay the HDA the amount of the increase before the Session of the Program, or the program to which the Participant transfers, commences.7.6 If the Client transfers to a Session of Program or a program of a different price, the Client must pay the difference or the HDA will refund the difference as appropriate.7.7 The Client may not make a transfer pursuant to this paragraph 7 more than once.
8.1. Where the Client is not the Participant, the Client may request that the HDA accepts an alternative individual to attend the Program not less than 30 days before the Commencement Date. The proposed substitute must then be subject to the same selection process as the original candidate.
9.1. If the Client fails to pay any sum due under this Agreement on the due date for payment, the HDA may charge interest at the Default Rate on the amount from time to time outstanding from the due date up to the date of actual payment, after as well as before judgment. The interest payable in respect of any calendar month (or any part thereof) must be calculated by reference to the Default Rate on the last Business Day of that calendar month. Interest must be compounded quarterly. Any interest payable by the Client pursuant to this clause must be payable within five Business Days after the HDA’s written demand.
- Cancellation by the HDA
10.1 The HDA may cancel the Agreement by giving the Client notice in writing not less than 30 days before the Commencement Date. If the HDA cancels the Agreement, it must refund any fees already paid by the Client in connection with the Program. The HDA will not accept liability for any costs or losses incurred by the Client or the Participant which are claimed to have arisen through cancellation of the Program and the Client.
10.2 The HDA may cancel the Agreement at any time if:
- the Client fails to pay any sum owing to the HDA under this Agreement or in connection with the Program by the due date for payment;
- the Client commits a serious breach of this Agreement);
- (in the event the Client is not the Participant) the Participant commits a serious breach of the terms accepted in their application form for a place on the Program.
- Cancellation by the Client
11.1 The Client may cancel the Agreement by giving the HDA written notice of cancellation at any time.
11.2 Where the Client is the Participant, the Client may cancel the Agreement at no charge within fourteen (14) days of the day the HDA has accepted the Participant onto the Program provided that the HDA receives the Client’s cancellation before the commencement date of the Program.
11.3 The Client may cancel the Participant from the Program, Subject to clause 11.2, at no cost, provided the Client notifies the HDA in writing of its wish to do so more than 90 days before the Commencement Date. Any fees already paid by the Client to the HDA must be refunded by the HDA.
11.4 Subject to clause 11.2, if the HDA receives the Client’s notification of cancellation of Agreement 90 days or less before the Commencement Date, the Client must be liable to pay the HDA a cancellation fee equal to a percentage of the Program Fee as set out in the table below (“Cancellation Fee”):
Number of days between (a) the date on which the HDA receives written notification of the cancellation from the Client; and (b) the Commencement Date Cancellation Fee payable by the Client 30 days or less 100% of Program Fee 31 – 60 days 70% of Program Fee 61 – 90 days 40% of Program Fee
11.5 To cancel a place, the Client should notify the HDA in writing, by emailing the HDA’s Program Director as provided on the HDA’s Program webpage.
11.6 There must be no refund of the Program Fee if the Participant withdraws from the Program at any stage after the Commencement Date.
- Effect of Cancellation
12.1 When either party cancels the Agreement:
- the HDA must be entitled to require the Participant to stop studying on the Program and to leave the HDA’s premises immediately; and
- the Participant must immediately return to the HDA the identification issued to the Participant on enrolment and all other property in the Participant’s possession, custody or control that belongs to the HDA.
12.2. The Client must procure that the Participant complies with this paragraph 10.
- Force Majeure
13.1 The HDA may cancel the Program at any stage due to causes beyond its reasonable control. Such events must include, but not be limited to fire, flood, industrial disputes, civil disturbance, acts of terrorism acts of government (including any sanctions or restrictions of the UK, EU, US or any other government which may prevent or restrict the HDA from providing any services or make it unlawful for the HDA to provide any services or cause (in the HDA’s sole opinion) the provision of such services to be prejudicial to the business interests of the HDA) and acts of God. In such instances the HDA will promptly notify the Client and the Participant. The HDA will then work towards rescheduling the Participant’s attendance so that they may attend the next possible Session of the Program.
13.2 The Client must procure that the Participant complies with this paragraph 13.
14.1 The HDA cannot accept responsibility and expressly excludes liability for any loss or damage to the Client’s property or the Participant’s property that occurs whilst the Participant is on the Program. The Participant should take particular care not to leave mobile phones or laptops unattended at any time.
- Governing Law and Jurisdiction
15.1 The participant acknowledges that programs are carried out by HDA Rockcellence Ltd. and HDA Rockcellence Inc. depending on the Hosting Country
15.2 Programs commencing in European Union are carried out by HDA Rockcellence Ltd., therefore The Agreement will be governed by Slovenian law and the parties submit for all purposes connected with the Agreement to the exclusive jurisdiction of the Slovenian Courts.
15.3 Programs commencing in United States of America and Canada are carried out by HDA Rockcellence Inc., therefore The Agreement will be governed by Canadian Law and by the Law of the Province of Ontario depending on the matter involving, as defined in the Article 91 and Article 92 of the Constitution of Canada. The parties submit for all purposes connected with the Agreement to the exclusive jurisdiction of the Canadian Courts or the Courts of the Province of Ontario in accordance with above stated Articles of the Constitution of Canada.
16.1 Any demand or notice to be served upon the Client may be served upon the Client by hand or sent by pre-paid first class post to the address stated on the Application Form or in the event the Client is not the Participant the Sponsoring Participant Form. Any demand or notice to be served upon the HDA must be delivered by hand or sent by pre-paid first class post to the HDA Office. Any demand or notice delivered by hand must be deemed to have been received at the time the notice is left at the proper address. Any demand or notice sent by pre-paid first-class post or other next working day delivery service must be deemed to have been received at the opening of business on the second Business Day following the day on which it was posted, unless sent by international mail in which it events it must be deemed to have been received at the opening of business on the third Business Day following the day on which it was posted.
16.2 This article does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
- Data Protection
17.1 HDA is obliged to protect all data provided by the Client and the Participant in accordance with 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) and in accordance with PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT, Canada, last amended on June 23, 2015.
17.2 Information regarding data controller (HDA) and causes for which data will be used:
- Controller of the provided data is HDA Rockcellence Ltd., whose main office and address for service of legal documents is, Okroglarjeva ulica 8, 1231 Ljubljana-Črnuče, Slovenia, EU. Representative of the company for the purposes of the data protection is David Aleš, the Director of the HDA and can be contacted on the following email: firstname.lastname@example.org;
- Controller of the provided data appointed Jaka Rogelj as the Data Protection Officer and can be contacted on the following email: email@example.com;
- Provided data are used for student identification, optimization of programs and future marketing of HDA’s program;
- Legal basis for the collection of the data are this terms and conditions.
- Recipient of the personal data is HDBW, in an event, that the Participant wants to receive ECTS credits after the successful conclusion of the program;
- Recipients of some personal data are also corporations that are visited during the program, guest speakers and professors on the program and accommodation providers (Ryerson University, Toronto in San Jose State University, San Jose and H4 Hotel, Munich). Data that are shared with recipients from this paragraph are name and family name of the Participant;
- The HDA will store collected data for the duration of the program. After the conclusion of the Program data will be deleted or stored for additional teen (10) years in an event, that former Participant will be joining the Alumni Club from Article 19 of this terms and conditions;
- The HDA will store data collected from subjects that applied for newsletter (data such as name, family name and email address) for the duration of 2 years, this data are used for marketing purposes and are not shared;
- The Participant holds the right to request from the HDA access to and rectification or erasure of personal data or restriction of processing concerning the Participant as well as the right to data portability;
- The Participant holds the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
- Collection of the personal data is a requirement necessary to enter into an agreement between the Participant and the HDA. The Participant must provide the data in order to enter into an agreement, in an event of a failure to provide such data, the agreement will be unable to be entered into.
- 17.3 The Participant holds the right to obtain information from the HDA on the data that are obtained and processed by the HDA on the Participant. Data such as causes of the processing and categories of the personal data obtained.
17.4 The Participant holds the right to obtain from the HDA without undue delay the rectification of inaccurate personal data concerning the Participant. Taking into account the purposes of the processing, the Participant must have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
17.5 The Participant holds the right to obtain from the HDA the erasure of personal data concerning the Participant without undue delay.
- Social events
18.1 HDA’s program may contain alcohol-related cultural events, the Participant must be aware that those events are not compulsory.
18.2 The HDA instructs that the Participant only consumes alcohol within his or her personal limitations. The participant must not do any acts that will negatively affect the prestige and reputation of the Participants home university, the HDA’s programs or the hosting university and any other person or institution related to the Program.
18.3 In regard to the aforementioned article the Participant will be responsible for any injuries or property damage arising in relation to his or her participation in the event.
18.4 Alcohol is allowed only on the social events that are organised by the HDA and that are monitored by the HDA.
18.5 Drugs are strictly prohibited, this provision of the Terms and Conditions is strictly enforced. Violation of any kind may result in immediate cancelation of the Agreement and the Participant will be forced to leave the Program.
18.6 The Client must procure that the Participant complies with paragraph 18 above.
- Alumni Club
19.1 The HDA is forming an Alumni Club. The Participants that complete the Program are automatically submitted to the HDA’s Alumni Club.
19.2 The Alumni Club will be the subject to the HDA Alumni Club Terms and Conditions.
19.3 All the information, that are gained in the application process and during the program, about the Participant, the HDA is allowed to use and share with their partners.
- Travel, Health and Insurance
20.1 The Participant acknowledges and agrees that is responsible to purchase airline tickets by himself or herself in order to arrive and depart the Hosting Country, where the Program is being performed. The Participant also bear all the costs of obtaining new airline tickets in case that the Participant is unable to attend the flight, for any given reason.
20.2 The Participant understands and acknowledges that there are some health risks associated with travelling abroad, therefore the Participant is personally responsible for obtaining all health information, instructions, consultations, and medical procedures. The Participant also acknowledges that HDA is not responsible for any of his or her medical needs.
20.3 The Participant hereby authorizes the HDA to place him or her at their discretion in a hospital or in the care of a local doctor for medical services and treatment, as they think fits the current problem. If necessary or recommended by a doctor.
20.4 The Participant authorizes the HDA to transport him or her back to his or her home country by commercial airline or otherwise for medical treatment.
20.5 The participant acknowledges and agrees that will be fully and solely responsible for any and all expenses, including transportation costs, treatment costs, and medical staff costs, associated with any kind of necessary medical care. The Participant will indemnify the HDA for all costs incurred to the HDA that should arise from medical treatments.
20.6 The participant is required to obtain health and accident insurance in accordance with the laws of the Hosting Country to provide suitable coverage for any accidents, injuries or illness that the Participant may sustain or experience while participating in the program. The insurance must cover also potential transport of the Participant to Home Country.
20.7 The participant acknowledges and agrees that in an event that the provision of the article 17.6 is breached by the Participant, article 17.5 will come into force.
20.8 The Client must procure that the Participant complies with this paragraph 19.
21.1 Participants are responsible for ensuring sufficient time for visa applications to avoid being subject to the Transfer and Cancellation policy.
21.2 Participants must apply for a Visa that is required by the Hosting Country for the specific purpose of the visit. All queries relating to the visa application should be directed to the local Embassy of the Hosting Country.
21.3 Once a Participant has accepted these Terms and Conditions and the Registration Fee and Program Fee were paid, they may request a formal Invitation Letter from the HDA in support of their visa application. This letter will not be amended from the HDA’s standard template.
21.4 Participants must comply with all Hosting Country entry and visa requirements.
21.5 The Client must procure that the Participant complies with this article 20.
- Final provision
22.1 This terms and conditions were adopted by the Board of Directors of the HDA.
22.2 This terms and conditions apply to all Clients and Participants and to all Programs that are carried out by the HDA.