LAB ENGLISH TERMS AND CONDITIONS – Latest version 30 June, 2021

 

Transparency is a fundamental value for LAB English AB. Therefore, for the purpose of clearly defining how LAB English works, and what our clients can expect of our services, we have terms and conditions that are applicable to our services.

The terms and conditions apply to all services provided to Clients by LAB English By entering into an agreement with LAB English AB, you are deemed to have agreed to these terms and conditions.

1              Definitions

1.1 ‘Client’ refers to a natural person or legal person that engages LAB English AB (hereinafter referred to as LAB) for educational purposes with regard to the following ‘Core Subjects’. Each Core Subject would be a Course or series of Courses, or a renewable Cycle of Sessions.

1.1.1 legal English for associates, senior associates and partners at law firms

1.1.2 legal English for general counsel and in-house counsel at companies.

1.1.3 advanced business English.

1.1.4 English for HR.

1.1.5 English for the pharmaceutical sector.

1.1.6 English for engineering.

1.1.7 English for IT and the communications sector.

1.1.8 English for marketing.

1.1.9 professional email English.

1.1.10 English for legal assistants and paralegals.

1.1.11 English for the hospitality sector.

1.1.12 English for customer care.

1.1.13 negotiation English

1.1.14 presentation English

1.1.15 English for international meetings

1.2 A ‘Course’ or ‘Cycle’ of Sessions refers to a period of study of, for example, 10 sessions of 75 minutes each. A Course or Cycle may be for an Individual or a Group.

1.3 A ‘Session’ refers to one unit or lesson in a Course or Cycle held either in person or Remotely

1.4 ‘Trainer’ refers to the person conducting the Course or Cycle of the Core Subject.

1.5 ‘Services’ refers to translations, or proofreading, or language testing, or language evaluation

1.6 ‘Participant’ and ‘Participants‘ refers to a person or persons attending a Course or Cycle of Sessions.

1.7 ‘Additional Participants’ refers to a person or persons added to a course at the Client’s request after the initial booking has been made.

1.8 A ‘Cancellation’ refers to the postponement of a Session which is to be rescheduled (see 4.3)

1.9 A ‘Late Cancellation’ refers to a cancellation made within 24 hours prior to the commencement of a Session whereby the Client forfeits the right to that Session (see 4.4)

1.10 ‘Expiration Date’ of a course is 365 days after the date of the first Session. A Course or a Cycle of Sessions is deemed to have been completed on the Expiration Date notwithstanding that a Client may have a Session or a number of Sessions remaining to be scheduled. The Client or Participants must ensure that all Sessions are completed. In any event, LAB will send a reminder to a minimum of one Participant, by way of email, 90 days prior to the Expiration Date with regard to 1.1.13, 1.1.14, and 1.1.15 above, as these Courses have a longer Duration than other Core Subjects.

1.11 ‘Sufficient’ refers to a level of English that a Participant is deemed to have shown to LAB in the first two Sessions, or by way of language testing or language evaluation, with regard to a basic understanding of at least the broadest English language concepts of the Core Subject.

1.12 ‘Group’ refers to two or more Participants attending a Course.

1.13 ‘Individual’ refers to one Participant attending a Course.

1.14 ‘Remote Training’ and ‘Remotely’ refers to training by video link, for example, Microsoft Teams, Zoom, etc.

1.15 ‘Content’ refers to the Didactic (or learning) Material used in a Course including exercises sent to Participant(s), hard and soft copies of all learning material, follow-up emails of a didactic nature, for example, emails including answer keys to learning exercises, email exercises with a LAB trainer’s corrections. Additionally, Content refers to the manner and didactic techniques used by LAB in the performance of LAB’s work.

1.16 ‘Duration’ refers to the length of a course or an assignment, for example, a translation.

1.17 ‘Didactic Material’ refers to all learning material used, issued or sent to Participant(s) by LAB prior to the commencement of, or time to time during, the Course. In addition, Didactic Material refers to LAB’s feedback issued by way of, for example, emails, or any other form of correspondence, whose Content is directly or indirectly connected with LAB’s Training of the Core Subjects.

2              Booking and Payment

2.1 A booking is confirmed, by email or by other means, in which the offer price has been accepted by a Client, or when a booking has been accepted by payment of an invoice in the event of a new Course or Cycle of Sessions irrespective of any difference that may exist with any previous Duration or Core Subjects booked.

2.2 An invoice is issued for the whole Course or Cycle of Sessions either on booking or within 30 days of the first Session being held.

2.3 The due date is 15 days.

2.4 LAB does not apply additional booking fees, for example, a registration fee. However, a fee is charged for Additional Participants.

3             English level

3.1 Participants must ensure that their level of English is of the required level for the Core Subject.

3.2 In the event that the Trainer is of the professional opinion that a Participant’s level of English is not sufficient for the Core Subject, the Trainer shall notify the Participant prior to the commencement of the third Session. If a Participant receives no such notification, then it is deemed that the Participant’s level of English is sufficient for the Core Subject.

3.3 In the event that a Participant is of the view that their level of English is unsuitable for the Core Subject, the Participant can use the remaining monetary value of their part of the Course or Cycle of Group Sessions as a credit for Individual Sessions. These Individual Sessions are to be completed in conjunction with the Expiration Date of the Group Sessions.

4             Cancellation

4.1  Course cancellation of the entire Course or Cycle is to be made in writing and sent by email to the trainer or info@labenglish.se

4.2 A Course can be cancelled only prior to the due date stated on the invoice.

4.3 A Cancellation of a Session made more than 24 hours prior to the commencement of the Session implies that the Session in question can be rescheduled.

4.4 A Late Cancellation of a Session made less than 24 hours prior to the commencement of the Session implies that the Session in question cannot be rescheduled and is thereby forfeited.         

5              Location of training

5.1 Training is to take place either at the premises of the Client or by Remote Training

6             Recording of training

6.1 Audio recording, video recording, photography, or screenshots, in whole or in part, by a Participant(s) is strictly prohibited.

7             Intellectual property: courses/seminars, and translations

7.1 LAB has the sole and exclusive rights to the material used at all material times during the Duration as well as with regard to feedback and follow-up material produced by LAB.

7.2 At no time is LAB’s material to be used, or to be deemed as legal or financial advice. The opinion of an advocate or financial adviser is always strongly recommended by LAB.

7.3 Courses as a whole, as well as all materials, images, text (other than user information), illustrations, the Trainer’s voice, designs, icons, photographs, videos, audio signals, structure, layout, “look and feel” and other elements, for example, labelling of concepts including but not limited to our concept of butler words, the Swedish and English language snails (collectively defined as “Content” in 1.15 above), is protected by copyright, trademark, and other intellectual property laws and international conventions. Unless otherwise stated, all worldwide rights, titles and interests in and regarding Content are owned or licensed by LAB and/or its commercial partner Communicoach AB.

7.4 LAB grants a Participant or Participants, a limited, non-exclusive, non-transferable right to use the Didactic Material for personal benefit only and in conjunction with the Subject Matter of the Course attended either in person or Remotely. Under no circumstances is the Content to be considered transferred, in whole or in part, to a Client.

7.5 Permission is granted to a Participant to print hard copies of the Didactic Material for their own personal, non-commercial use.

7.6 Under no circumstances is Didactic Material, in whole or in part, to be circulated to, forwarded to, copied to a person(s) that is not a Participant unless prior written consent is granted by LAB.

7.7 Under no circumstances shall a Participant or Participants: (i) permit others to copy, adapt, display, distribute, publish, disseminate, transmit, store, sell or use the Content for others purposes or in any manner other than as intended, or expressly approved in writing by LAB; (ii) attempt to copy, reproduce, upload to any form of social media channel or intranet of the Client company, disassemble, modify, destroy, tamper with, or decompile any of the Content; (iii) assign, sell, sublicense, lease or otherwise transfer the right to use the Content; (iv) attempt to gain unauthorised access to Content of other Core Subjects.

7.8 LAB specialises in Courses in the Core Subjects and additionally in the provision of translating and proofreading services.

7.9 In the event that LAB translates or proofreads material for a Client which is not in the public domain, for example, a business strategy, a legal opinion, a letter of advice, a statement of case, an inter-group financial report, a patent application, recruitment policy, a contract, marketing campaign etc, the intellectual property rights of such material shall remain exclusively with a Client that has engaged LAB English for such sensitive work.

7.10 The translation of a document which is in the public domain is the intellectual property of both LAB and a Client as individual entities (‘Individual Title‘) and not as joint owners of such intellectual property, and each party may exercise those individual rights as they deem fit. Examples of such documents include annual reports, an Act of Parliament, a public court’s decision etc. As a result of this Individual Title to the material, the cost of this type of translation is lower than the standard rate.

8            Price and invoicing

8.1 LAB endeavours to provide Courses or Cycles at an attractive price, and LAB is always willing to discuss pricing with a Client. We will provide you with a price estimate after our preliminary needs’ analysis meeting or in response to a query sent by email, depending on the nature of the engagement. All prices quoted exclude value added tax which will be charged at the current statutory rate of 25% in Sweden, or as applicable in your jurisdiction.

8.2 If LAB agrees to invoice by way of your invoicing system or that of a third party, we cannot be held liable for loss of information or dissemination of information in invoices to unauthorised persons after we have transferred information to the system.

8.3 Unless otherwise agreed, invoices fall due 15 days after the invoice date.

8.4 LAB’s invoices will be addressed to the Client. Each invoice states the due date for payment. In the event of non-payment, interest on arrears will be charged from the due date until payment has been received in accordance with applicable law.

9             Data Protection

9.1 LAB is a controller of personal data provided and obtained in conjunction with the provision of Courses or Cycles, and other language-based services, including the preparation and administration in connection therewith. All processing of personal data takes place in accordance with current data protection legislation. Kindly refer to LAB’s ‘Privacy Statement, by clicking here, for more information on how LAB processes personal data.

10          Limitation of liability

10.1 Our liability for loss or damage caused to the Client due to negligence or breach of contract on our part is limited to a multiplier of two (2) regarding the last invoice issued (excluding value added tax) to a Client. For example, if the last issued invoice was for 80 000 SEK excluding value added tax then our maximum liability would be 160 000 SEK. We accept no liability to pay penalties or liquidated damages.

10.2 Limitation of our liability to the sum specified under 10.1 also applies to multiple instances of loss or damage if they have been caused by a single act or omission or the same type of act or omission. This applies regardless of when the loss or damage was caused or incurred.

10.3 Our liability to a Client is limited to the loss or damage the Client incurs. Among other things, this implies that our liability will be reduced by all sums that may be obtained under any insurance effected by or for the Client or under any contract or indemnity to which the Client a party or a beneficiary, unless it is contrary to the Client’s agreement with the insurance provider or third party, or the Client’s rights against the insurance provider or third party are thereby prejudiced.

10.4 Save insofar as provided herein, we accept no liability towards any third party due to use of LAB’s content or other advice obtained from LAB as stated in accordance with 7.2 above.

10.5 Unless specifically agreed, LAB will not accept any liability arising from failure to meet any target date(s) or failure to complete any part of the work within a proposed time scale that is unilaterally proposed by the Client. Notwithstanding the aforesaid, LAB is not liable for any loss, damage or delay arising due to circumstances beyond LAB’s control that LAB could not reasonably have been expected to foresee at the time LAB accepted the engagement, and whose consequences LAB could not reasonably have avoided or surmounted.

10.6 A deadline date established for a translation or proofreading work is always indicative even if agreed upon by LAB and A Client. This is due to the regarding, among other things, the time required to research. LAB will always make their best efforts to meet translation and proofreading deadlines.

11          Other advisers and specialists

11.1 LAB has an extensive network of legal advisers in Sweden and abroad, and will be pleased to refer you to advisers we have worked with regarding specific matters.

11.2 LAB may collaborate with other communication specialists with regard to Core Subjects 1.1.13, 11.14 and 1.1.15.

11.3 If LAB refers, engages or collaborates with other advisers or specialists, those advisers and specialists are to be deemed as independent of LAB, and LAB assumes no liability for referring them to a Client or for advice provided by them, save insofar as LAB expressly agrees otherwise in writing. This applies whether the adviser or specialist has provided advice directly to a Client or indirectly by way of LAB. Any authority to engage advisers or specialists includes authority to accept a limitation of liability on your behalf.

11.4 If LAB engages or works with other advisers or specialists with regard to Core Subjects 1.1.13, 1.1.14 and 1.1.15, LAB is entitled to provide them with material and other information that LAB deems relevant for the performance of their tasks.

12          Communications and IT services

12.1 LAB communicates with Clients and other parties in a variety of ways, including email and video call. In spite of the fact that these are effective means of communication, they may involve risks for which we cannot accept any liability. Kindly notify LAB if you would prefer an alternative form of communication.

12.2 Our spam and virus filters and security arrangements may sometimes reject or filter out legitimate emails. Accordingly, you should follow up important or unanswered emails by telephone.

12.3 LAB takes reasonable measures to ensure that a good level of information security is maintained, however, no system is 100% secure.  LAB therefore accepts no liability for loss or damage deriving from LAB’s use of security structures and services.

13          Grievances

13.1 LAB is strenuously committed to ensuring that a Client is satisfied with LAB’s services and that LAB meets a Client’s expectations. If, for any reason, you are dissatisfied or have a grievance, you should notify your Trainer directly.

14          Amendments

14.1 These terms may be amended by LAB from time to time. The latest version is always available on our website Amendments to the terms and conditions will become effective for all new Courses or Cycles, new translations, and new proofreading assignments after the amended version of the terms is published on the website. 

14.2 Material amendments to these terms will be dated at the top of this page. Aesthetic and web design alterations will not be dated and neither will errors of a non-material typographical nature.

15          Confidentiality

15.1 LAB is aware of its clients need for confidentiality, and is also aware of the various codes of conduct of professional bodies, for example, the Swedish Inspectorate of Auditors, the Swedish Bar Association etc.  Therefore, a Client’s confidentiality is to be deemed of paramount importance at all times with regard to the work of LAB’s Clients. 

16          Governing law and dispute resolution

16.1 These terms and all matters concerning them are governed by and are to be construed in accordance with Swedish substantive law, and the method of dispute resolution is by way of mediation.

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