PwC Academy: Terms and Conditions
1. Introduction
1.1 These Terms and Conditions („Terms and Conditions“) regulate the mutual rights and obligations of PricewaterhouseCoopers Česká republika, s.r.o., with its registered office at Hvězdova 1734/2c, 140 00 Prague 4, ID no.: 610 63 029, registered in the Commercial Register of the Municipal Court in Prague, section C, insert no. 43246 (“Provider”) and its clients (“Client”) in connection with the provision of educational services, organisation of (set of) courses, trainings or lecturing activities (“Services”).
2. Contract and its execution
2.1 The Services are provided to the Client in person or via Internet based on a contract ("Contract") executed in relation to a specific training or set of trainings ("Course"):
(i) in writing; email is considered a written form as well; or
(ii) in the case of Online Registration, i.e. sending a completed registration form available on the Provider's website after clicking the "Submit/Sign In" button, at the moment of receipt of the Course Confirmation informing the Client of the date, place and time of the Course, as well as other useful information for Course attendance (“Confirmation”). Confirmation will be sent to the Client at least 10 calendar days before the planned Course date. For the avoidance of doubt, confirmation of delivery of the Client's Online Registration for the Course shall not be deemed an execution of the Contract.
2.2 These Terms and Conditions form an integral part of the Contract.
3. Subject of the Contract
3.1 The subject of the Contract is the Provider's obligation to provide the Course to the Client and, if applicable, other registered persons, or more precisely to allow them to attend the Course under the terms of the Contract and the Client's obligation to pay the Provider the agreed fee (“Fee”).
3.2 The Provider shall provide Courses with professional care and to the extent agreed in the Contract.
4. Payment Terms
4.1 The Fee is payable based on the Provider’s invoice sent electronically (or by post) to the Client’s address specified by the Client at the time of the Contract execution, without undue delay after the execution of the Contract. An invoice for the cancellation fee, which the Provider will issue according to point 5.1 below, will be sent to the same Client’s address.
4.2 In accordance with Sec. 26 (3) of Act No. 235/2004 Coll., the VAT Act, Provider will issue the invoice in an electronic form as a .pdf file.
4.3 The Provider’s invoices are payable in 14 days after the date on the invoice.
4.4 The Client is obliged to pay any taxes, including VAT and withholding tax, that are due in relation to the Services provided. If any taxes (VAT, withholding tax, or similar foreign taxes) shall apply to the Fee agreed in accordance with the Contract under local legislation and international tax agreements, the agreed Fee shall be increased by this tax. The Fee specified in the Contract is therefore agreed in the net amount.
5. Contract amendments by the Client
5.1 Cancellation of Course attendance
5. 1.1 Any Course cancelation needs to be performed in writing.
5.1.2 If the Client cancels Course attendance before the Confirmation is delivered, the Client shall not be obliged to pay the Provider a Fee.
5.1.3 If the Client cancels Course attendance after receiving the Confirmation and at least 10 days before the Course date, the Client is obliged to pay the Provider 50% of the Fee as a cancellation fee. In the case that the Fee has been already paid in full, the Client is entitled to a 50 % refund.
5.1.4 The Client is obliged to pay the full amount of the Fee as a cancellation fee in the following cases; (i) the Client cancels the Course attendance less than 10 days before the Course date, (ii) event of Course non-attendance, (iii) the Client cancels the attendance of the Course to be provided under the Contract concluded in the form as described under 2.1 point (i) of these Terms and Conditions. In these cases if the Fee has already been paid, the Client is not entitled to any refund.
5.1.5 The decisive date for determining the day of cancellation of Course attendance by the Client is the date of delivery of the Client's written notification of cancellation to the Provider.
5.2 Change of person attending the Course
5.2.1 The Client may, at any time prior to Course opening, replace the originally registered person with another person for no additional charges. This does not apply in case of fees paid to professional organisations through the Provider, which are subject to special regulations available on the websites of the respective organisations.
6. Contract amendments by the Provider
6.1 Course Cancellation
6.1.1 The Provider reserves the right to cancel the Course. The Provider shall notify the Client of Course cancellation without undue delay after the cancellation has been decided. The Provider is also obliged to return to the Client the advance Fee paid for the cancelled Course.
6.2 Change of date/place of the Course
6.2.1 The Provider reserves the right to change the date/place of the Course and inform the Client without delay. If the substitute date does not suit the Client, the Client is entitled to
(i) register for another course from the Provider's offer, whereas the Fee already paid will be used without any deduction as a fee for the newly selected course;
(ii) cancel the attendance of the Course with the right of a full refund of the already-paid Fee.
6.3 Change in the Course content
6.3.1 The Provider is entitled to modify the content of the Course provided it will not affect its general purpose. The Client shall be informed in a timely manner about any such modification.
7. Confidentiality
7.1 The Provider and the Client agree to use each other’s confidential information only in relation to the Services, and not to disclose it without prior written consent of the respective other party, except (i) where legally required or (ii) to the respective legal advisors or insurers of the Provider. The above will not apply to information which (i) is publicly available, or (ii) has been received from someone else who owes no duty of confidence in relation to it, or (iii) was already known by the receiving party. The Provider may also disclose confidential information (i) where required by rules of professional conduct of a professional body of which the Provider or its staff are members or (ii) to other PwC firms or relevant contractors as long as they are bound by confidentiality obligations. The Provider and other PwC firms may also use confidential information for any lawful business purpose as long as the Client or others cannot be identified. PwC firms means any entity or partnership withing the worldwide network of PricewaterhouseCoopers firms and entities.
7.2 The Provider and other PwC firms may wish to refer to the Client and the Services performed for the Client when marketing their Services, the Provider and other PwC firms may also wish to use Client’s company logo when citing their experience in proposal documents. The Client agrees that the Provider and other PwC firms may do so, as long as they do not the Client’s confidential information.
8. Intellectual Property
8.1 The Client is obliged to respect the intellectual property rights of the Provider and third parties.
8.2 The Client may be granted access to the learning platform of PwC Academy or other platforms of third parties (“Platform”) through which the Client may be provided with Courses, recordings of Courses or various information, presentations, handouts and other study material (“Study materials”). Study materials can also be provided to the Client in printed form.
8.3 The Client is entitled to use the Platform and Study materials received in any form solely for his/her personal and/or internal purposes and cannot distribute or make them available to third parties.
8.4 The Client acknowledges that the use of the Platform and/or Study Materials may be subject to special terms of use of a third party and undertakes to ensure and is responsible for ensuring that persons participating in the Course comply with these terms.
8.5 PwC, or other third parties, shall remain the owner of any subjects of intellectual property rights provided to the Client.
8.6 The Client cannot make any audio or video recordings of the Course, except for those approved by PwC.
8.7 If the Provider shares with the Client some technology tools (and their contents and outputs), unless otherwise agreed in writing: (i) the Provider does not transfer to the Client any rights to the technology tools other than the right to use technology tools directly in relation to the purpose of the agreement and for its term, (ii) such technology tools are not deliverables and may only be used at the Client’s own risk, and (iii) may not be provided to anyone else. It remains the Client’s sole responsibility to provide the Provider with the access to and the ability to use the Client’s technology tools (if applicable), including: hardware, software, information, data, services and any other necessary for the Provider to perform Services. The Client shall ensure it has the appropriate contracts signed with other suppliers, which are necessary for the performance of the Services.
9. Limitation of liability
9.1 PwC accepts no liability to anyone, other than the Client, in connection with the Course and Services provided under the Contract. The Client agrees to bring any claim in connection with the Course and Services provided under the Contract only against Provider, and not against any individual, however described. The Client will ensure that no group member including its subsidiaries, associated companies and holding company (unless a party to the agreement), both while they are a group member and thereafter, brings any claim against any PwC firm or the Provider’s contractors, or any individual, in connection with the agreement.
9.2 It is agreed that the amount of Fee has been determined in consideration of, and reflect the limitation of Provider’s liability for damage, to the extent permitted by law, to maximum amount of twice the Fee (excluding VAT). In the case of recurring or subscription-based services, the above term Fee means fees payable in the twelve-month period preceding the date of the first incident giving rise to the liability, and in the case of framework agreements it means fees payable under the relevant work order for the services giving rise to the liability. Provider will not be liable for (i) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (ii) indirect or consequential loss.
9.3 The information contained in the Study materials or otherwise provided to the Client during or in connection with the Course does not constitute and cannot be construed as specific advice on the specific situation of the Client or as a summary or exhaustive analysis of the relevant topics. The Client acknowledges that the Provider is not responsible for any conclusions made by the Client based on the information provided in the Study materials or provided during or in connection with the Course, nor for the practical application of these conclusions by the Client. Based on this information, the Client should always consider the use of appropriate professional (advisory) services prior to a specific acting (refrain from acting).
9.4 The Provider is not liable for any loss that arises as a result of disruption or failure of the Client's access to the Internet or disruption of access to the Platform for reasons attributable to the Client or third parties.
9.5 Neither the Provider nor the Client is liable for breach of its obligations under the Contract due to force majeure circumstances.
10. Data protection
10.1 The Provider processes personal data of the Clients, persons attending the Courses and potential clients as a data controller in accordance with applicable data protection legislation, in particular 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 Act no. 110/2019 Coll. on the processing of personal data as amended. Further information on data processing, your rights, including the contact details of the Data Protection Officer, are available in the Privacy Statement for PwC Academy clients on our website.
10.2 Contact details of data controller:
PricewaterhouseCoopers Česká republika, s.r.o., Hvězdova 1734/2c, 140 00 Praha 4
email: cz_privacy@pwc.com
10.3 Contact details of Data Protection Officer:
PricewaterhouseCoopers Česká republika, s.r.o., Hvězdova 1734/2c, Nusle, 140 00
Praha 4,
Email: cz_dpo@pwc.com
11. Contract termination
11.1 The Contract may be terminated by agreement between the Client and the Provider. In such a case, termination will take effect as of the date specified in the termination agreement.
11.2 The Provider may withdraw from the Contract if the Client has materially breached the Contract. A breach of any of obligations under Articles 7 of these Terms and Conditions is also considered a material breach of the Contract by the Client. In such a case, the Client is not entitled to any refund of the Fee paid.
11.3 The Provider may also withdraw from the Contract if the performance of the Contract may breach applicable laws or requirements of regulatory authorities.
11.4 Withdrawal from the contract is effective from the date of delivery of the Provider’s written notice of withdrawal from Contract to the Client.
12. Miscellaneous
12.1 Clients attending any of the Courses are required to provide their identification data and/or to sign in at the reception desk. Failure to provide identification data and/or to sign in may result in refusal of access to the place holding the Course.
12.2 By entering the Provider’s premises, the Client undertakes to comply with all laws on security, health protection, and fire protection as well as with any other generally binding laws of the Czech Republic. The Client hereby declares that, in the event that the Client is granted an entry card to the Provider’s premises, the Client undertakes to return it. In case of loss or damage of an entry card, the Client is responsible for damage caused to the Provider.
12.3 When providing Services via the Internet, or Platforms, the Client is obliged to secure access to the Internet at its own expense, as well as computer equipment with the required software.
12.4 If the Client is provided with login data for the purpose of access to the Platform, the Client is responsible for the security thereof.
12.5 The Client agrees that the Provider may perform services for the Client’s competitors or other parties whose interests may conflict with the Client’s, as long as the Provider does not disclose confidential information of the Client and complies with its ethical obligations.
12.6 The Provider may use other PwC firms (each of which is a separate and independent legal entity) or contractors to provide the Services. The Provider remains solely responsible for the Services.
12.7 The Provider may retain copies of all materials relevant to the Services, including any materials given by the Client or on the Client’s behalf.The Client acknowledges that the Provider will not (i) audit or provide other assurance services in accordance with applicable professional standards, or (ii) provide any legal or tax advice.
12.8 No party may assign, transfer or deal with their rights or obligations under the agreement without the prior written consent of the other party. However, the Provider may assign the agreement to an assignee of all or part of the Provider’s business.
12.9 Relations between the Provider and the Client under this Contract and these Terms and Conditions will be governed by Czech law.
12.10 None of the above limitations will affect the rights set out in sec. 1810 and following of Act no 89/2012 Coll. Civil Code as amended, if applicable to the Client as a consumer.
