DISTANCE CONTRACT FOR SUBSCRIPTION SERVICES
- General rules
1.1. This distance contract (hereinafter – the Contract) is concluded between the service provider SIA “DATEKS GRUPA”, registration No.40103229720 (hereinafter – DATEKS), legal address: 9 Zemitāna Street, Riga, LV-1012, e-mail: info@dateks.lv, and a natural person (hereinafter referred to as “Subscriber”) who purchases Dateks Gaming School training services on the website https://dgschool.lv/using the online service ordering and payment form.
1.2. Services (hereinafter referred to as “Services”) within the scope of this Agreement means the opportunity provided by Dateks to the natural person specified by the Subscriber (hereinafter referred to as “Student”) to attend the subscribed Dateks Gaming School classes for virtual reality game design training, virtual reality project and interactive game development for students and youth in person at the time selected by the Subscriber.
1.3. DATEKS provides its services on-site in premises adapted and equipped for the provision of the Services, located at 9 Zemitāna Street, Riga.
1.4. The provisions of this Agreement apply only to the Services provided by DATEKS, which the Subscriber purchases through the website referred to in Clause 1 of the Agreement by ordering and paying for the Services online.
1.5. The Agreement shall be subject to the provisions of the Cabinet of Ministers’ Decision of 20.05.2014. Regulation No 255 “Distance Contracts”.
1.6. The Agreement shall enter into force on the date on which the Subscriber has paid the subscription fee for the Services and DATEKS has sent the Subscriber a confirmation to the e-mail address indicated in the Subscriber’s application.
1.7. Prior to entering into this Agreement and purchasing the Services, the Subscriber shall create a profile on the website specified in Clause 1.1 of the Agreement, which will be used during the provision of the Services to administer payments and browse the Subscriptions purchased by the Subscriber.
- Terms of purchase and payment for services
2.1. The Subscriber may purchase a subscription to the Services at any time of the day or night by paying for the Services in advance, by following the instructions for purchasing the Services on the website specified in Clause 1.1 of the Agreement, by entering the details required for subscription to the Services in the online form and by selecting the type of Services, the exact time, duration, language, etc. The Subscriber may choose to subscribe to the Services according to the Subscriber’s preferences.
2.2. Information on the processing of personal data provided by the Subscriber is available on the website referred to in Clause 1 of the Agreement in the section “Privacy Policy”.
2.3. Before subscribing to the Services, the Subscriber is obliged to read this Agreement, the description and price of the Services, to verify the suitability of the Services and the age group of the Student for whom the Services are intended, and to provide accurate and truthful information and personal data about the Subscriber and the Student for whom the Services will be provided.
2.4. The minimum period for which a Contract may be concluded and Services subscribed to shall be 1 (one) calendar month (“Subscription Period”). The Subscription Fee is fixed for subsequent Subscription Periods.
2.5. DATEKS provides subscriptions to the Services with regular automatic payment for subsequent Subscription Periods.
2.6. Payment for the Service shall be made by automatic renewal of the subscription to the Services for the next Subscription Period referred to in Clause 2.4 of the Agreement. Renewal of the subscription to the Services for the next Subscription Period shall be made by the 20th day of the calendar month, payment being automatically debited from the Subscriber’s bank current account to which the Subscriber’s bank current card is linked, which the Subscriber indicated when initially subscribing to the Services. In the event that for any reason the automatic payment is not fulfilled and the subscription payment for the Service is not received in the DATEKS bank current account, the subscription for the Service shall not be renewed. A student will lose the right to attend classes upon the commencement of the next Subscription Period for which payment has not been made in advance.
2.7. If the Subscriber has not cancelled the automatic payment by the date of renewal of the Subscription Period specified in Clause 2.6 of the Agreement, the provision of the Services shall be automatically renewed for the next Subscription Period in accordance with the procedure set out in Clause 2.6 of the Agreement.
2.8. The Subscriber shall pay for the Services for a specific (initial) Subscription Period online using the Subscriber’s bank payment card. Payment can be made if the Subscriber has created an online profile on the website referred to in Clause 1 of the Agreement, has entered all mandatory information, including. have chosen a specific time of the class, confirmed their agreement to the terms of the Agreement and read the DATEKS Privacy Policy. Such acknowledgement shall be made by the Subscriber by affixing a notation to the acknowledgement of receipt and/or acceptance of the said documents.
2.9. If the subscription payment process is interrupted for technical or any other reason, it must be restarted. However, if for any reason the subscription fee invoice is only partially paid, DATEKS shall be entitled to cancel the payment by returning the subscription fee received from the Subscriber. In such case, the Subscriber must start the subscription to the Service again.
2.10. After payment of the subscription fee for the Services, DATEKS shall send a confirmation of payment of the subscription fee for the Services to the e-mail address indicated in the Subscriber’s application – an electronic invoice, which is valid without a signature. Upon such confirmation, the Student specified by the Subscriber shall be reserved a place in a face-to-face class at the premises specified in Clause 1.3 of this Agreement during the Subscription Period, in the programme and at the times specified in the Subscriber’s Application Form.
2.11. The Subscriber shall also have access to information about the subscribed Services online at the website specified in Clause 1.1 of this Agreement by logging into the Subscriber’s account. Subscription to the Service is confirmed by the invoice (confirmation) received by the Subscriber by e-mail.
2.12. The Service provided by DATEKS shall be deemed to have been fulfilled when the person (Student) indicated by the Subscriber has been provided with a place to participate in the lessons selected and paid for by the Subscriber.
2.13. In the event of a student’s lateness, the subscription fee paid for the Service will not be refunded, regardless of the reason for the lateness.
- Rules for accessing the service and attending training
3.1. Subscriber rights and obligations:
3.1.1. The Student designated by the Subscriber shall only be entitled to attend classes at the times selected by the Subscriber when subscribing to the Services.
3.1.2. The Subscriber shall ensure that the Subscriber and the Student comply with the obligations set out in the Agreement and the DATEX Rules of Procedure.
3.1.3. By purchasing a subscription to the Service, the Subscriber is responsible for providing accurate and truthful information to enable DATEKS to invoice, administer payments and perform the Service in full and to the extent possible take into account the needs of the Student specified by the Subscriber.
3.1.4. The copyright in the educational materials provided to the Student during the provision of the Services is owned by DATEKS. The Subscriber is not entitled to distribute them and/or use them for commercial purposes
3.1.5. The Subscriber undertakes to provide the Student with teaching materials (writing materials, a writing pad (at least 48 pages) or a tablet, scissors) and a change of shoes during the lessons.
3.1.6. The Subscriber and the Student shall treat the premises and equipment of DATEKS with respect and shall use them in accordance with their purpose and function. The Subscriber shall indemnify DATEKS for any damage caused to DATEKS’ inventory and/or premises as a result of the Subscriber’s and/or Student’s wilful misconduct.
3.1.7. During the provision of the Services, the Subscriber shall not interfere with, instruct or otherwise influence the class leaders. The Subscriber shall have the right to lodge complaints in accordance with the procedure set out in Clause 6 of the Agreement.
3.1.8. The Subscriber shall ensure that the Student arrives on time at the times specified by the Subscriber when subscribing to the Services and specified in the confirmation of payment for the Services referred to in Clause 2.10 of this Agreement.
3.1.9. The Student is only entitled to attend classes during the Subscription Period paid by the Subscriber.
3.1.10. By entering into this Agreement, the Subscriber confirms that the Subscriber is entitled to enter into this Agreement for the Student’s participation in the Classes and that there are no restrictions preventing the Student from participating in the Classes. In the event that there are any special circumstances (Student’s health condition, limitations, character traits, etc.) that may affect the Student’s participation in the Classes, the Subscriber shall indicate them at the time of purchase of the subscription to the Services online under “Additional Information” or by contacting DATEKS using the contact information provided in Section 1.1 of this Agreement.
3.1.11. The Student and the Subscriber are not allowed to make video and/or audio recordings of the lessons without the consent of DATEKS.
3.2. DATEX rights and obligations:
3.2.1. DATEKS shall provide the Subscriber’s subscribed Services during the Subscription Period in person at the premises referred to in Clause 1.3 of the Agreement to the Student specified in the Subscriber’s completed Subscription Application in accordance with the Agreement, the DATEKS Rules and Regulations and the programme selected by the Subscriber.
3.2.2. DATEKS ensures that the Pupil’s education is carried out by appropriately qualified leaders who participate creatively and responsibly in the implementation of relevant curricula, continuously improving their professional skills, respecting professional ethical standards and children’s rights.
3.2.3. DATEKS undertakes to provide age-appropriate and quality lessons for the age group of the Student in accordance with the Subscriber’s subscription to the Services.
3.2.4. If the Student does not comply with the instructions of the Class Leader and/or disrupts the Class, DATEX shall be entitled to terminate the Student’s participation in the Class, in which case the Service Fee shall not be reduced.
3.2.5. DATEKS is not responsible for a Student’s personal belongings.
3.2.6. If due to technical or other unforeseen circumstances it is not possible to provide the subscribed Services at the time selected by the Subscriber, DATEX shall be entitled to change the time of the classes agreed by the Subscriber, if the Subscriber agrees, by sending a notification to the e-mail address indicated by the Subscriber. If the Subscriber does not agree to the change of the lesson time offered by DATEKS or does not provide a reply within the time limit specified in the notice from DATEKS, DATEKS shall refund the Subscription Fee to the Subscriber in proportion to the number of missed lessons during the Subscription Period. The said amount shall be calculated on the basis of the subscription price for the Services and the fees received from the Subscriber for the relevant Subscription Period.
3.2.7. DATEKS shall be liable for damages suffered by the Subscriber to the extent that DATEKS’ conduct can be proven to have a causal link to the damages suffered by the Subscriber.
3.2.8. DATEX does not guarantee the conformity of the Services to the Subscriber’s subjective preferences and shall not be liable if the Subscriber or the Student fails to exercise his/her rights or exercises them improperly.
- Termination of the Agreement
4.1. If due to technical or other unforeseen circumstances it is impossible to provide the subscribed Services, DATEKS shall be entitled to unilaterally withdraw from this Agreement by sending 1 (one) working day prior notice to the Subscriber to the e-mail address specified in the Subscriber’s application. In such case, DATEX shall return the Service Fee to the Subscriber to the extent to which it has not been used to pay for the lessons and in proportion to the number of further paid lessons during the remaining Subscription Period. The said amount shall be calculated on the basis of the subscription price for the Services and the fees received from the Subscriber for the relevant Subscription Period.
4.2. The Contract shall be automatically terminated in the event of cancellation of the automatic payment or failure to pay for any other reason, as set out in Clause 2.6 of the Contract.
4.3. The Subscriber shall be entitled to withdraw from the Agreement without notice of termination by cancelling the automatic payment for the Service by the date of the calendar month set out in Clause 2.6 of the Agreement. The Subscriber may, within the time limit specified, take these actions himself online at the website referred to in Clause 1.1 of the Agreement or 2 (two) working days before the date specified in Clause 2.6 of the Agreement by sending an e-mail to DATEKS using the contact details referred to in Clause 1.1 of the Agreement.
- Exercising the right of withdrawal
5.1. The Subscriber, as a consumer, shall be entitled to withdraw from the Contract within 14 (fourteen) days of receipt of the confirmation referred to in Clause 1.6 of the Contract, without giving any reasons, except in the following cases: the provision of the Service has already been completed (e.g. the subscribed and paid classes have taken place); the provision of the Service has been completed within the period for exercising the right of withdrawal or the right of withdrawal cannot be exercised for other reasons provided for in this Contract or in the laws and regulations.
5.2. The Subscriber may exercise the right of withdrawal by sending a notice to DATEKS within the time limit set out in Clause 5.1 of the Agreement. To exercise the right of withdrawal, the Subscriber sends to the DATEKS e-mail address: info@dateks.lv a completed form for the exercise of the right of withdrawal, which is attached as an Annex to the Agreement (and also available in Clause 1.1 of the Agreement on this website) or an unambiguous, free-form notice of withdrawal from the Services, indicating at least the Subscriber’s name, surname, personal identification number, e-mail address.
5.3. If the Subscriber exercises the right of withdrawal pursuant to Article 5.1. and the procedure set out in clause 5.2, DATEKS shall, within 14 (fourteen) days of receipt of the notice referred to in clause 5.2 of the Agreement , refund the Subscription Fee for the Services to the Subscriber.
5.4. 5.3. The Subscriber shall forfeit the right of withdrawal referred to in Clause 5.1 of the Agreement in respect of the Services to the extent that the Services have already been provided to the Student.
5.5. If the Subscriber has requested to commence the provision of the Subscribed Services within the withdrawal period referred to in Clause 5.1 of the Agreement, DATEKS shall withhold from the amount paid by the Subscriber a pro rata amount which, in relation to the full performance of the Agreement, is proportional to the part of the Agreement performed during the Subscription Period (number of classes attended) until the Subscriber has notified DATEKS of the withdrawal from this Agreement. The said amount shall be calculated in proportion to the subscription fee received from the Subscriber for the relevant Subscription Period and the number of classes scheduled during the Subscription Period.
5.6. DATEKS shall refund the subscription fee by non-cash transfer to the bank current account from which the Subscriber’s payment was received or to another bank current account of the Subscriber, if the Subscriber has expressly indicated this in the notice of exercise of the right of withdrawal. DATEX shall not be liable if the Subscriber has provided incorrect payment details.
5.6. For more information on the exercise of the right of withdrawal, the Subscriber may contact the Consumer Rights Protection Centre.
- Handling disputes and complaints
6.1. The Subscriber shall be entitled to make claims and complaints to DATEKS in relation to this Agreement and the provision of the Services using the contact details set out in Clause 1.1 of the Agreement. The Subscriber’s complaint will be investigated within 7 (seven) days of receipt of the complaint, with a reply to the Subscriber’s contact address provided in the complaint.
6.2. The dispute can also be settled through a consumer dispute resolution commission (see. for more information https://www.ptac.gov.lv/lv/pateretaju-stridu-risinasanas-komisija).
6.3. All disputes relating to the performance of the obligations under the Agreement and other matters related to the provision of the Services between DATEKS and the Subscriber shall be settled by negotiation. If no agreement is reached, the dispute shall be settled by a court of the Republic of Latvia.
- Other provisions
7.1. The Subscriber has read this Agreement, the Subscriber understands it and agrees to the terms of the Agreement, as confirmed by the subscription and payment for the Services. The Agreement shall remain in force until all obligations under the Agreement have been fulfilled.
7.2. DATEX shall be entitled to amend the terms of the Agreement by sending a notice to the Subscriber’s e-mail address and by publishing the new terms of the Agreement on the website referred to in Clause 1.1 of the Agreement. In such case, the amendments to the Contract shall take effect for the Subscriber during the next Subscription Period. This Agreement is available for downloading and opening on the website specified in Clause 1.1 of the Agreement.
7.3. All notices, warnings, reminders, requests, invoices and other documents relating to the Contract shall be delivered personally against signature, sent by post or sent to the e-mail addresses of the Parties. If a document is delivered to a Party or its representative by hand against signature, it shall be deemed to have been received and notified on the date of its delivery; if sent by post, it shall be deemed to have been received 7. (seventh) day after is posted; but if is sent to an e-mail address, it shall be deemed to have been received and communicated on the day on which it was sent. If the other Party does not receive the item or does not open the e-mail or does not acknowledge receipt of the document, this shall not in itself affect the fact that the document has been notified and the document shall be deemed to have been notified within the time limits specified in this Clause.
7.4. In the event that any provision of the Contract becomes invalid, the validity of the remaining provisions of the Contract shall not be affected.
Version of the Agreement drawn up 03.04.2024.
WITHDRAWAL FORM
Service Provider: SIA “DATEKS GRUPA”, registration No 40103229720 (hereinafter – DATEKS), legal address: 9 Zemitāna Street, Riga, LV-1012, e-mail: info@dateks.lv
You (the Subscriber) have the right to cancel the Subscription Agreement within 14 days without giving any reason. The right of withdrawal will expire after 14 days from the date of conclusion of the Service Subscription Agreement. If you cancel the Contract within the specified period, DATEKS will refund the payments received from you for the remainder of the Subscription Period during which the subscribed Services have not yet been provided to you.
If you have requested to start the subscription Services during the withdrawal period, you will pay to the service provider (DATEKS) a reasonable amount, pro rata in relation to the full performance of the Contract, for the portion of the Contract performed until you notify DATEKS of your withdrawal from this Contract.
Payment will be made without undue delay and in any event no later than 14 days from the date on which DATEX was informed of your decision to withdraw from the contract. Refunds will be made using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. In any case, you will not be charged any fee for such a refund.
Please complete this form if you wish to withdraw from a Service subscribed to on the website www.dgschool.lv
| Name of subscriber: | |
| Subscriber’s personal identification number: | |
| Subscriber’s email address: | |
| Date of the subscription agreement: | |
| Invoice number received: | |
| Subscriber’s bank current account, bank (if you want to receive payment in another account)*: |
* DATEKS is not responsible if you have provided incorrect details for payment.
Consumer’s notice of withdrawal:
I hereby give notice that I wish to exercise my right of withdrawal under Article 12 of the Consumer Rights Protection Law and withdraw from the Distance Contract for the provision of services.
I certify that I have read the laws, regulations and rules governing the right of refusal.
Date of completion: ____________ Place to fill in the form: ______________
Signature of the Consumer (Subscriber): ____________________
The completed form signed by the Consumer must be submitted to DATEKS in one of the following ways: 1) sent to the e-mail address of DATEKS: info@dateks.lv; 2) send to DATEKS registered office address: 9 Zemitāna Street, Riga, LV-1012.