TERMS & CONDITIONS
1. Basis of enrolment agreement
- The Application constitutes an offer by the Customer to purchase any of Bardo School of Makeup trainings in accordance with these Conditions.
- The Application shall only be deemed to be accepted when Bardo School of Makeup issues written acceptance of the Application at which point and on which date the Contract shall come into existence (the “Commencement Date”).
- The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Bardo School of Makeup, which is not set out in the Contract.
- Any descriptive matter or advertising issued by Bardo School of Makeup, and any descriptions contained on Bardo School of Makeup’s Website, are issued or published for the sole purpose of giving an approximate idea of the trainings described in them. They shall not form part of the Contract or have any contractual force.
- These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Bardo School of Makeup supplies trainings to Customers in accordance with these Conditions.
- Each training shall last for the time described in training description and shall include the features as set out on the Website which may include, but is not limited to:
- access to live teaching sessions;
- access from time to time to personal development coaching;
- invitations to events hosted by Bardo School of Makeup;
- access to opportunities which may include collaboration, consulting or exposure opportunities;
- membership benefits including discounts on goods and services offered by third parties; The Customer acknowledges and agrees that membership discounts are provided by third parties and are not contractual entitlements. Any discount may be withdrawn or amended at any time by the third party and Bardo School of Makeup makes no representations and has no liability in respect of any discount or membership benefit;
- Free aftercare services for professional programs only;
- Bardo School of Makeup shall have the right to make any changes to the training which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the training and Bardo School of Makeup shall notify the Customer in any such event;
- All tutors who lead the Trainings are not employed by Bardo School of Makeup and are appointed as independent contractors. Bardo School of Makeup excludes liability to the furthest extent permitted by law in relation to a training (including, but not limited to, the tutors who teach on a training).
- Bardo School of Makeup events
- Customers may be invited to attend events organised by Bardo School of Makeup;
- Attendance at these events is not guaranteed and may incur additional expenses;
- Bardo School of Makeup shall have no liability in respect of any loss or harm suffered by any Customer at an event organised by a third party. Bardo School of Makeup limits liability to the fullest extent in respect of any event organised by Bardo School of Makeup;
- You acknowledge and agree that Bardo School of Makeup may video and photograph its events and that Bardo School of Makeup may publish such content on any Forum. By attending any event you irrevocably agree to being so photographed and consent to the use of such images by Bardo School of Makeup on any Forum.
- School policies
1. School environment
- We ask our students to treat their school environment like a working environment, and maintain proper personal and professional hygiene at all times.
- Bardo School of Makeup students are also expected to maintain their workstations and classroom at a professional level of presentation.
- In order to maximize the learning process, we require all students to work and to model.
- It is a must to keep within safety considerations. Students must observe and abide by all of the rules set forth in our Safety Manual.
- Students are required to complete homework assignments in addition to daily class assignments. Homework turned in on time will receive full credit. Homework turned in late will receive half credit. If a student is absent on the day homework is due, he or she may turn in the assignment for full credit on the first day back from the absence.
- During a course, a Bardo School of Makeup instructor will provide each student with performance assessments. These assessments provide instructors and students with a forum in which to meet and discuss areas of concern.
- If the student is missing assignments or tests or has missed class time, the instructor will provide him or her with a plan to help get caught up and additional practice or testing periods can be scheduled. Students who are required to make up missed assignments, tests or time are encouraged to do so while they are still attending class.
- Final grades are posted on a designated board located in one of the student areas no more than five business days after the course completion.
2. Rules of Conduct
- Violations: Violations include, but are not limited to: being under the influence, consuming, selling, or possession of drugs or alcohol on school premises; exhibiting disobedient or disrespectful behavior to another student, administrator or faculty member; violating local, state or federal law, or failure to meet financial obligations. If the student is terminated, Bardo School of Makeup will calculate a refund. Please refer to the Cancellation and Refund Policy, for more information.
- Attendance Policy: Bardo School of Makeup students are expected to treat class responsibilities in a professional manner. This includes arriving in class on time and being prepared for the day’s assignment. As graduation requirements are partially based on attendance, students must avoid incurring absences and tardies. A tardy is defined as arriving late for the start of class. All tardiness will be rounded up to the nearest hour.
- good health policy: Bardo School of Makeup asks that students refrain from coming to school when in poor health as illness can spread quickly in tight quarters. Students are allowed to miss 10% of a course or program in order to successfully finish the program.
3. Satisfactory Academic Progress Policy
- All Bardo School of Makeup students are expected to maintain specific standards of Satisfactory Academic Progress which is evaluated at the 25 percent and 50 percent points of a student’s program, using the guidelines outlined below. A student’s Satisfactory Academic Progress report will be reviewed at each evaluation point. When calculating Satisfactory Academic Progress, Bardo School of Makeup takes into account all grades and attended hours, including completed classes, current classes, repeated courses, failed courses, grades of incomplete, withdrawals, and transferred hours.
- Graduation Requirements
In order for a student to graduate, he or she must:
Achieve a grade of 70 percent (C) or better in each course
Attend 90 percent of the scheduled hours
Satisfy all financial obligations to the school
Satisfy all documentation obligations
- Students that fail to meet the school’s graduation requirements for a course will receive a failing grade; students who fail to meet the school’s graduation requirements for a program receive a status of incomplete. Grades and status will not be changed until the student meets the minimum standards required for graduation.
- Each student is responsible for completing a graduation application. On this application the student may decide how his or her name will appear on the Diploma or Certificate.
- Certificates will be awarded to students who have completed the course requirements for which course they wish to receive a certificate. Diplomas will be awarded to students who complete the program requirements for which program they wish to receive a Diploma. Duplicate Certificates and Diplomas can be issued at an extra charge. Students should be sure to indicate whether they wish to receive their Diploma or Certificate by mail, or by picking it up at the school in person.
4. LEAVE OF ABSENCE (LOA) POLICY
- In the event that a student is not able to attend class for an extended period of time, he or she may apply for a LOA, which must be granted by the School Director prior to the start date of that absence. Please note that the School Director may approve or deny the student’s LOA request at his or her discretion. The maximum LOA or absences may not exceed 180 days.
- Students must return to the school and resume their courses at the point where they left off on or before the LOA expiration date. Should a student fail to return to the school within the time allotted for the LOA, the leave shall expire and the student’s incomplete grade will be converted to a failure.
- LAST DAY OF ATTENDANCe A student’s last day of attendance is defined as the last date of academic attendance listed on the school’s attendance records. This date will be used when calculating the percent of the course or program that a student has completed.
- DATE OF DETERMINATION The date of determination is defined as the date on which a student notifies the school of his or her decision to cancel or withdraw from a course or program. If the student does not notify the school of his or her intent to withdraw, the date of determination is 10 business days after the student’s last day of attendance.
- Official and Unofficial Withdrawals A student is considered to be “Officially Withdrawn” from the school when he or she notifies the administrative office in writing of his or her intent to terminate a program. Students who “Officially Withdraw” will receive a grade of “W” for all courses not completed. Students who do not notify the Administrative Office in writing of intent to withdraw from the school and are absent from classes with no contact for more than 10 business days are considered to be “Unofficially Withdrawn.” Students who “Unofficially Withdraw” will receive a grade of “F” for all courses not completed.
5 . Probation and Termination Policy
1. All Bardo School of Makeup students are expected to maintain specific standards of Satisfactory Academic Progress and meet the school’s attendance policies. Students who fail to meet these standards will be placed on probation, and may be terminated from the school. If the student is terminated, Bardo School of Makeup will calculate a refund. Please refer to the Cancellation and Refund Policy.
6. Cancellation and Refund Policy
- Students who request a refund within seven business days of signing the enrolment agreement will be refunded the registration fee and tuition paid, in full. If a student has not physically visited the campus, this seven-day period shall not begin until the student arrives at the school for the first time. After the seven days have elapsed, the registration fee becomes non-refundable and the school’s established refund policy is effective.
- In addition, students may withdraw from a course after instruction has started and receive a pro-rated refund for the unused portion of the tuition as well as other refundable charges if the student has completed 30 percent or less of the course. In this case, the student’s Last Day of Attendance (LDA) is the date from which the school will calculate the pro-rated refund. The student will be charged for all days up to, and including, the LDA. The LDA is defined as the last day that the student attends the course or program.
- All refunds will be paid within 30 days of the Date of Determination.* Bardo School of Makeup will also refund payments collected from a third party. Should Bardo School of Makeup cancel or discontinue a course or educational program, the school will issue an appropriate refund of all charges. All refunds will be paid within 30 days of the cancellation date.
7. definition of clock hours
1. Bardo School of Makeup defines a clock hour as 45 minutes.
8. Complaint Policy
1. Should our students have complaints of any nature about the school, we recommend that they bring those complaints to a staff member, instructor, or administrator.
9. PEER TO PEER FILE TRANSFER POLICY
- As future artists, students must be sensitive to the unlawful use of other individuals’ work. Use of written materials, pictures, music, etc. without giving credit to the original artist or use of the material for purposes other than its original intention is against Bardo School of Makeup policy.
- Any student who violates federal or state policies on file sharing will be held to the Bardo School of Makeup’s Rules of Conduct and is subject to the sanctions outlined in the Probation and Termination Policy.
10. CAREER SERVICES
- Bardo School of Makeup is pleased to offer continuous graduate assistance to active students and graduates through our Career advisement which is based upon each individual student’s needs, and is available to all Bardo School of Makeup students and graduates in good standing.
11. Charges and payment
- Bardo School of Makeup shall invoice the Customer immediately upon the Customer placing an Order.
- Where a Customer places an Order for a training, payment of the invoice must be received by Bardo School of Makeup either:
- (where the Customer elects to take advantage of a Bardo School of Makeup Payment Plan) in accordance with the terms of the Payment Plan;
- (where the Customer elects to take advantage of third party finance options) immediately on placing an Order for a training; or otherwise
- immediately on placing an Order for a training.
- Time for payment shall be of the essence of the Contract.
- All amounts payable by the Customer under the Contract are inclusive of amounts in respect of value added tax chargeable for the time being (“VAT”).
- If the Customer fails to make any payment due to Bardo School of Makeup under the Contract by the due date for payment, Bardo School of Makeup has the right (but not the obligation) to charge the Customer, and the Customer shall pay:
- an administration fee of 150,00 €.
- Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
- The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Bardo School of Makeup may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by Bardo School of Makeup to the Customer.
12. Bardo School of Makeup Payment Plan
- Bardo School of Makeup provides the Payment Plan which allows Customers to finance the cost of training by paying an initial up-front deposit and the balance in monthly instalments over a period agreed between the Customer and Bardo School of Makeup. Bardo School of Makeup will provide the Customer with a breakdown of the cost of the finance and the amounts payable by the Customer when the Customer enters into the Contract.
- A Customer may cancel a Payment Plan within 10 days after entering into the Payment Plan. Cancellation of a Payment Plan after this 10-day period does not terminate the Customer’s obligations to pay the fees due under a Contract which would become immediately payable on termination of the Payment Plan.
- If an instalment due in accordance with the Payment Plan has not been paid, Bardo School of Makeup shall be permitted to try to take the payment a further time and charge an administration fee in respect of its costs in respect of the failed payment.
- In the event that the instalment is not paid within 14 days of the due date, Bardo School of Makeup may terminate the Payment Plan at which point all sums due under the Payment Plan (including any interest) will become immediately repayable to Bardo School of Makeup.
- In the event that an instalment is outstanding, Bardo School of Makeup may in its sole and absolute discretion elect to suspend the availability of the training and the other services provided by Bardo School of Makeup to the Customer and/or in its sole and absolute discretion terminate the training as regards the Customer. In the event that Bardo School of Makeup elects to terminate the training, any sums already paid in respect of such training shall not be refundable.
- For avoidance of doubt, termination of a Payment Plan shall not entitle the Customer to terminate a Contract. In the event of termination of a Payment Plan, (and absent termination of the Training by Bardo School of Makeup in its sole and absolute discretion) the balance of fees due under the Contract shall be payable.
13. Bardo School of Makeup reserves the right not to process an order for a training if:
1. the training is fully booked;
2. you are not eligible to take part in the training;
3. the training has been or is going to be cancelled; or
4. in Bardo School of Makeup’s sole and absolute discretion.
If Bardo School of Makeup does not process your order for any of the above reasons, Bardo School of Makeup will notify you by e-mail and will refund to your account any sum deducted by us from your credit/debit card.
Bardo School of Makeup reserves the right to cancel any live event , and Bardo School of Makeup shall not be responsible for any loss resulting from the cancellation. For the avoidance of doubt, this includes but is not limited to, loss of earnings and loss of monies for any transport or accommodation costs.
14. Intellectual Property
- Bardo School of Makeup and/or its licensor(s) are the sole owners of any training and the materials associated with it, software, domains, design, text, graphics and all software and source code connected with the Website other than Content belonging to you.
- The training content is protected by Slovenian and International copyright, trademark, patent and other intellectual property laws.
- Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the training content (or any part of it) or any material provided through the training without Bardo School of Makeup’s prior express written consent.
- Bardo School of Makeup r grants you a limited licence to use the training materials solely as set out in these Terms. Any unauthorised use of the training materials will result in the automatic termination of the limited license granted by us. Bardo School of Makeup reserves the right to terminate the limited license without notice at any time following an unauthorised use by you.
- Bardo School of Makeup and its graphics, logos, icons and service names related to the Bardo School of Makeup are registered and unregistered trademarks or trade dress of Bardo School of Makeup. They may not be used without Bardo School of Makeup’s prior express written permission.
- All other trademarks not owned by Bardo School of Makeup that appear in connection with the Bardo School of Makeup are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Bardo School of Makeup.
16. Use of comments or ideas submitted
- You agree that Bardo School of Makeup is free to use any comments or ideas contained in any communication you may send to Bardo School of Makeup without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services. For the avoidance of doubt, all such information will be deemed by Bardo School of Makeup to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
- You agree that any information published by you on the Website may be public information and that other users of the Website will be able to view and comment on such information.
17. Limitation of Liability
- Bardo School of Makeup provides the Website “as is” and without any warranty or condition, whether express, implied or statutory.
- Bardo School of Makeup specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Bardo School of Makeup assumes no liability or responsibility for any errors or omissions in the Website; any failures, delays or interruptions in the Website; any losses or damages arising from the use of the Website including without limitation any advertisement or promotion contained on the Website; or any conduct by users of the Website. Bardo School of Makeup reserves the right to deliver the Website in its sole and absolute discretion.
- In no event shall Bardo School of Makeup, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website or these Terms, on any theory of liability, and whether or not advised of the possibility of damage.
- From time to time you may use or access services, promotions and Websites of third parties. In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
- You acknowledge and agree that Bardo School of Makeup is not responsible for the accuracy of any information published on the Website by users and does not warrant that any information appearing on the Website is accurate, true or complete. Bardo School of Makeup specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
- The Website and any Content displayed thereon may contain facts, views, opinions, recommendations and advice. These views, opinions, recommendations and advice are not those of Bardo School of Makeup and are not endorsed by Bardo School of Makeup. Bardo School of Makeup shall not be liable in the event that any content is defamatory, misleading, incomplete or incorrect. Similarly Bardo School of Makeup shall not be liable in the event that any fact is incorrect or misleading.
- You agree to indemnify and hold Bardo School of Makeup and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Website or your violation of any law or the rights of any third party.
1. Assignment and other dealings.
- Bardo School of Makeup may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
- The Customer shall not, without the prior written consent of Bardo School of Makeup, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.
- Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.
- A notice or other communication shall be deemed to have been received.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
- Waiver A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- No partnership or agency Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
- Third parties A person who is not a party to the Contract shall not have any rights to enforce its terms.
- Variation Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by Bardo School of Makeup.
- Governing law This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Slovenia.
- Jurisdiction Each party irrevocably agrees that the courts of Slovenia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).