Customer Service Agreement
This Customer Service and Distance Sales Agreement is deemed to be signed upon the mutual covenant as of the date when the Registration Form is filled out on the internet (website) and approved, between the person/agency/institute who fills out the Registration Form, approves the form, and resides at the address stated in the application form (referred to as “Member” and/or “Customer” in the agreement), and VIPTALKERS ONLINE TEACHING LLC (referred to as “VIPTALKERS ONLINE TEACHING LLC” and/or “Seller” in the agreement) that operates at the address of 607 DEEMER PLACE, NEW CASTLE, DE, 19720, registered to the Department of the Treasury Internal Revenue Service Cincinnati, OH 45999 tax office with the number 38-4126239.
607 DEEMER PLACE, NEW CASTLE, DE, 19720
2. Validation of the Agreement:
The registration process of VIPTALKERS ONLINE TEACHING LLC members will be deemed to have started from the moment they fill out the Registration Form, and they will be considered to have read/understood and accepted the customer service agreement.
3. VIPTalkers Online Teaching LLC Membership System:
VIPTalkers Online Teaching LLC will enable its members to enter the system using the student number and password they determined by the academy itself. The student number and password are private, and the educations and all rights of the members who share their student number and password with other people are canceled. Any obligations arising from sharing the student number and password with others are at the member’s own risk and VIPTalkers Online Teaching LLC shall not accept any responsibility.
4. Description of Services:
Members who approve the customer service agreement will be deemed to have agreed to perform distance education from the websites of VIPTalkers Online Teaching LLC on the internet. The fee paid by the member for the education includes the education service and communication fee.
Unless otherwise specified, documents, audio files, presentation files, video files, e-books, etc. offered within the education system are provided free of charge, and these are integrated into the system for educational purposes. All rights of the documents belong to the supplier, author, and license holders. VIPTalkers Online Teaching LLC does not claim additional rights on these documents and materials and undertakes to remove the relevant training materials from the system at the request of the rights-holder.
Any negative/ unauthorized/illegal case that may occur after the applications based on the educations provided by VIPTalkers Online Teaching LLC is entirely at the member’s own risk, and VIPTalkers Online Teaching LLC has no responsibility in this regard. The educations provided within the structure of VIPTalkers Online Teaching LLC are given to improve/increase the personal or career development of the members, the member is deemed to have knowledge in the relevant field of education and all positive/adverse responsibility is left to the member himself.
5. Obligations of the Member:
While using VIPTalkers Online Teaching LLC services, the member accepts that;
a. The information on the Registration Form is correct and that all damages arising from incorrect or deficient information shall be at his/her own risk when this information is required (such as forgetting the password).
b. All troubles likely to arise from the assumption that the information in his/her personal information is correct shall be at his/her own risk.
c. The copyright of the services and software provided by VIPTalkers Online Teaching LLC is owned by VIPTalkers Online Teaching LLC. Unless otherwise specified, documents, audio files, presentation files, video files, e-books, etc. offered within the education system are provided free of charge, and these are integrated into the system for educational purposes. All rights of the documents belong to the supplier, author, and license holders. VIPTalkers Online Teaching LLC does not claim additional rights on these documents and materials and undertakes to remove the relevant training materials from the system at the request of the rights-holder.
d. The age restriction is applied for the services provided by VIPTalkers Online Teaching LLC. For the users who are non-adult and aged under 18 years, parent/guardian permission is needed. Since it is not allowed to give service to non-adults without a parent/guardian permission, the age specified by the member will be taken into consideration and VIPTalkers Online Teaching LLC cannot be held responsible for incorrect information provided by the member.
e. VIPTalkers Online Teaching LLC cannot be held responsible for information, letters, messages, and files to be lost, to be taken incomplete, to be forwarded to the wrong address during the use of the services.
f. He/she will not reach the educations provided by VIPTalkers Online Teaching LLC unauthorized and without changing the contents in any way other than the form determined by VIPTalkers Online Teaching LLC and that he/she will not use the educations that are obviously changed; and he/she will pay all pecuniary and non-pecuniary damages likely to be suffered by VIPTalkers Online Teaching LLC in cases where he/she does not comply with the other articles mentioned by not using the educations prepared for others.
g. VIPTalkers Online Teaching LLC will not be responsible for any damage that may arise due to the unauthorized reading of the member data.
h. Any records or all the information obtained using VIPTalkers Online Teaching LLC services are deemed to have been used within the consent of the member. Malfunctions that may occur on the member’s personal computer, loss of information, and other losses shall be at the member’s own risk. No pecuniary and non-pecuniary damages will be claimed from VIPTalkers Online Teaching LLC due to possible damages.
i. In case of the violation of the rules by the members, VIPTalkers Online Teaching LLC has the right to take necessary action, take the member out of service, and end her membership.
j. The Member performs purchasing transactions on the system by mail order, credit card, bank EFT/transfer, or postal cheque method of his/her own consent will and as he/she accepts with the Registration Form. Transactions made with a stolen credit card and unauthorized credit cards are at member’s sole responsibility. Any legal liabilities and compensations that may arise from such transactions are at member’s own risk, VIPTalkers Online Teaching LLC has no legal responsibility. The information of the members using this information shall be given to the governmental authorities upon request.
k. In payments made by a Credit Card, a commission fee can be collected by the banking institution that the member’s credit card is attached to and the member accepts that this commission shall be charged from his/her credit card during the payment process.
6. Powers Granted to VIPTalkers Online Teaching LLC:
a. VIPTalkers Online Teaching LLC will ensure the continuity of the educations prepared by assuming that the information provided by the members is correct; VIPTalkers Online Teaching LLC accepts no responsibility for the erroneous data given by the members to the system and for errors arising from the system.
b. VIPTalkers Online Teaching LLC may temporarily suspend or completely terminate the operation of any system it contains. VIPTalkers Online Teaching LLC does not assume any responsibility against its members or third parties due to the temporary suspension of the system or its complete termination. Username and password shall be submitted to the member by VIPTalkers Online Teaching LLC and shall be valid after the “Registration Form” is filled up. VIPTalkers Online Teaching LLC may block indefinitely the connections of the members who have filled up all fields and whose application for education has been accepted.
c. In case of giving the certificate; regarding the entitlement, request, and delivery of certificates, disciplinary procedure of VIPTalkers Online Teaching LLC and the accrediting agency are applied and in the decision for entitling to the certificates, the approvals of the relevant faculty members, advisor and/or accreditation agency officials constitute the basis for scoring as well as the completion of all the courses. Based on this; as per the laws and regulations of the country where the procedures of VIPTalkers Online Teaching LLC, relevant institution, organization, faculty member or tutorial advisor and membership takes place and/or where the certificate was issued/was entitled to, the members who exhibit improper behaviors; who act offending behaviors against all relevant institutions and organizations including faculty members; who blackmailed, insulted, accused, and/or framed, personally or through any communication, by hurting these people and institutions instead of seeking or demanding a solution, rightly or unjustly; who were inspected to get a certificate unjustly; who do not pay attention to the discipline and hierarchy of the relevant institutions and individuals and who wrote this subject on an unfounded basis both via e-mail and on the Internet; who publishes falsified news; who have been proved to use unfair certification methods such as not following all of the courses that constitute the basis of the education or who are subject to any suspicion in this regard, cannot receive their certificates by no means and if they have a certificate obtained, these certificates are decertified without any notice. In case of contradictory issues between the legislation of the country where the member who entitles to and/or claims to entitle to the certificate resides and the country where the institution, organization, faculty member, or instructor advisor that issued the certificate take place, considering the pecuniary and non-pecuniary damages of the parties, VIPTalkers Online Teaching LLC decides within 1 (one) month, not to violate the relevant country legislation, the decision made is considered binding and VIPTalkers Online Teaching LLC accepts no responsibility for pecuniary and non-pecuniary damages arising from the final decision taken by VIPTalkers Online Teaching LLC.
d. In the event of issuing the certificate; all design rights of the certificates sent to the member belong to VIPTalkers Online Teaching LLC. There may be printing-induced or design-related errors or various differences in the color, writing, or designs of the certificates sent by courier or via e-mail. In such errors or defects, reprinting or sending of certificates is entirely at the discretion of VIPTalkers Online Teaching LLC. In the case of errors concerning name surname/education name/certificate date/certificate number, certificates are sent again with the same method free of charge; for any other errors or defects, a re-certificate request is accepted only if additional certificate fee is paid.
e. In the event of issuing the certificate; after the member notifies the certificate request in writing electronically, VIPTalkers Online Teaching LLC prepares the certificates in accordance with the notification and sends the certificate to the contact address given by the member via e-mail or by cargo (in terms of e-mail, on the same day during working hours; and in terms of cargo, between the dates announced on the website). After the certificate is delivered to the member in any way, in terms of requesting the delivery of the certificate by another means or language option, an additional certificate fee is requested, if the requested fee is not paid, this request is rejected. The conditions stated in this article also apply to certificate requests made and processed incorrectly.
f. In the event of issuing the certificate; if a certificate request has been made for any of the education received in wholesale education purchases, and if this request coincided with the certificate submission period; VIPTalkers Online Teaching LLC prepares all certificates in accordance with the first request by terminating the member’s other educations and sends them to the contact address as specified. However, the member has the right to request documents related to other educations that were terminated electronically in writing.
g. VIPTalkers Online Teaching LLC owns the property and copyrights of the works produced by itself and used during education such as all materials, information, documents, software, design, and graphics, etc. The license rights of all materials in the education system belongs to their respective owners as explained in clause c of this customer service agreement.
h. Promotional packages or discount coupons/gift tokens offered to the members are limited with stocks. VIPTalkers Online Teaching LLC can terminate such campaigns before their time or extend.
i. VIPTalkers Online Teaching LLC may engage in any kind of e-mail, SMS, advertising, and promotional activities for the member indefinitely after the education of the member is activated, may support the realization of such activities by using the member information within VIPTalkers Online Teaching LLC or may carry out these activities in person.
j. VIPTalkers Online Teaching LLC is responsible for changing the price and feature information of the educations offered for sale. In case of any errors in price and feature information, VIPTalkers Online Teaching LLC may make delivery to correct the error or may cancel the order and return the order amount to the member’s account in the same way as the collection method.
k. VIPTalkers Online Teaching LLC may ensure the member to switch to other websites. In this case, the member accepts that VIPTalkers Online Teaching LLC is not responsible for the content of the websites to switch to.
l. VIPTalkers Online Teaching LLC may make amendments to the implementation of this agreement without notice to the member, in order to comply with future technical requirements and regulations, besides, it can amend the current articles or add new articles.
m. VIPTalkers Online Teaching LLC may turn the services that do not require any membership into a membership-required situation over time. VIPTalkers Online Teaching LLC may activate additional services, may change some of its services partially or completely, or turn it into paid services.
n. The contact address, e-mail address, mobile number and all similar contact information received from the member through the registration form may be used by the Seller and the Seller’s companies/brands for all kinds of advertisement, announcements, campaigns, information and other communication purposes that are not listed here, by mail, letter, SMS message, MMS message, e-mail and similar systems, whereas failure of the member to accept this article requires unilateral termination of the agreement and waiver of all rights of the member.
7. Product Returns and Terms & Conditions of Right of Withdrawal:
There is the right of withdrawal within 14 days from the date of the agreement. However, the right of withdrawal cannot be exercised if the purchased education packages, services, or products were fully used. In the event that it is found out that the education packages, services, or products were not used or partially used, the USER/STUDENT MEMBERS WHO USE THE RIGHT OF WITHDRAWAL for the unused portion are refunded. In case of any WITHDRAWAL/cancellation, the fee for the courses that were taught until the day the subscription was canceled is calculated at the current undiscounted price.
Since all logins to the system are saved in the member’s account, along with a private time stamping and IP number, these records in the system shall constitute evidence for all legal appeals.
The rights of VIPTalkers Online Teaching LLC for the losses of rights suffered by VIPTalkers Online Teaching LLC arising from the cancellation of membership and exercise of the right of withdrawal and for pecuniary and non-pecuniary damages are reserved. VIPTalkers Online Teaching LLC cannot be held responsible for any losses suffered in accordance with the provisions of the legislation.
8. Personal and Non-Commercial Use Limitation:
The educations, services, or products purchased by the members are private, sharing educations, services, or products prepared for personal use with third parties is at the member’s own risk and it is against this agreement.
After completing the Registration Form, getting service using the system or giving an order, this customer service agreement, as stated on the education introduction/information pages, hereby enters into force for 30 days between the parties. In line with the written request of the member and the consent of VIPTalkers Online Teaching LLC, an extension of 7 days is granted to the duration of this customer service agreement and termination date is extended for once. In appeals regarding certificates or education, the formal appeal date shall be taken as a basis and the current customer service agreement in force shall prevail in any appeal. (The certificates which were not requested within the service and contract period will be sent to the member’s e-mail address in a high-resolution image format by preparing in Turkish or English upon the written request of the member.).
In case of determination of any violation of this customer service agreement by VIPTalkers Online Teaching LLC, it may terminate the agreement unilaterally, provided the parties are informed of the reason for termination.
11. Disputes and Governing Jurisdiction:
In case of any dispute regarding the content of this customer service policy, which consists of 11 main items, or the services/educations/products received; legislation provisions applicable to the establishment of VIPTalkers Online Teaching LLC shall be valid and commercial courts to which VIPTalkers Online Teaching LLC is affiliated shall be competent.
VIPTalkers Online Teaching LLC reserves the right to determine/change the competent settlement authority, applicable law, and provisions with the user agreement
Last Updated: May 09, 2020
Important Reminder: Please print and keep a copy of this Customer Service Conditions as a printout for you to read. Please note that in case of any appeal or dispute, the provisions of this agreement shall be applied.