TERMS AND CONDITIONS
DEFINITIONS
A Breath Of French Air, hereby mentioned as “ABOFA”, “the website“, “its owner”, “its representative “, “its manager”, “us”, “we”, “our” is a registered domain owned by Virginie BORDIER, founder and responsible for the LLC company bearing the same name, whose object is to offer language classes. The website complements and supports the activity of the aforementioned company, based in Phoenix, Arizona and subject to Arizonan law.
Staff : includes but is no limited individuals teaching or providing any other support services through the website.
Student or “you”, “your”, “the customer”: any individual or group enrolled in a class.
Student account: all sums paid for in advance to access one or more classes.
Class material: any documents shared in or outside class, including but not limited to print, audio, videos, electronic files and any other contents appearing, showed or shared in any way whatsoever as part of a class.
The service, use of services: any class attended by the student, or any subsequent email or text exchange with the teacher.
Private class: one on one session between one student and a teacher.
Semiprivate class: two students of the same level are taught simultaneously by one teacher.
Duo class: a class in which two members of the same family living under the same roof are jointly enrolled.
Group class: four or more students taught simultaneously by one teacher.
WEBSITE
The privacy policy of the website is described in the Privacy Policy page.
FEES
ABOFA reserves the right change fees at any time.
Any change will be communicated on the website.
Enrolled students will be notified by email.
Fee changes will only affect future purchases.
FREE CLASS
Only one 30-minute-free session per student, prior to the first paid class. Returning students are not eligible for the this offer.
DUO CLASS
Only members from the same household, same address, can qualify for the special” duo” fee.
DURATION
Unless otherwise mentioned or requested, classes are 55 minutes long and priced accordingly.
PAYMENTS
All payments are due at least 24 hours before the class starts.
For package offers, students will be notified by email when their account shows a balance of one credit hour.
It will be the student’s responsibility to renew his/her purchase.
Payments can be made :
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by Zelle (preferred) using the following phone number (602)-681-7687,
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by wire transfer (international payments only)
*Bounced checks will result in an additional fee of $25.
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REFUNDS
Tuitions are non-refundable and non-transferrable to any other person or towards any other package deal/products.
EXPIRATION DATE
• Group classes packages are only valid for the group session the student has signed up for.
It cannot for any reason be refunded or transferred to a later session or to private classes.
• Private classes packages expire 6 months after purchase date.
SCHEDULING CLASSES
Classes are scheduled by contacting your teacher directly.
All requests must be addressed at least 24 hours in advance and are subject to availability.
CANCELLATIONS & MISSED CLASSES
• Group classes
Fees for missed classes are not refundable and make-up classes are not offered.
Class notes and a detailed report of material covered will be sent upon request addressed by email to adeepbreathoffrenchair@gmail.com
• Private classes
Requests for cancellation should be sent by email at least 24 hours prior to the scheduled time of the class.
Classes cancelled with less than 24h notice will be charged full price.
Class attendance: the teacher will wait for 1O minutes from the scheduled start time of the class. If after 10 minutes, the student has not connected to the virtual classroom, class tuition will be forfeited and no refund will be due.
• Cancellation by teacher
ABOF reserves the right to cancel a class for technical reasons, or personal and unavoidable emergency. Student will be advised as soon as possible, and their student’s account will be credited for the sum corresponding to the missed class. There will be no refund.
RENEWAL
Services do not require any subscription and are sold without any guarantee of future engagement.
Students who have used all classes paid for in a package may elect to renew or discontinue service.
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MATERIAL
For the group classes, books will be required. It is the student’s responsibility to purchase them as soon as possible after class registration. Books are not included in the tuition costs.
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TECHNICAL FAILURE
Classes are taught remotely, and require the use of third-party software, applications or websites such as, but not exclusively and subject to change, Zoom, Skype, or other similar platforms that ABOFA deems appropriate.
Classes require the use of personal video cameras, microphone devices and an internet service with adequate speed and bandwidth to establish and maintain the required connection.
It is incumbent upon the student to ensure that he/she has the appropriate software, hardware and third-party support needed to connect with ABOFA.
The first 30-minute-free class is an opportunity to test connection efficiency between the student and the teacher.
As a result, no refund whatsoever will be granted for any interruption of service during the class resulting from technical difficulties at the student’s end.
Should the connection problem be proved to arise solely from the teacher’s end for more than 20 minutes, a makeup class will be rescheduled. Time and date will be determined by the teacher, depending on availability.
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PROPRIETY LIABILITY
Whilst every effort is made by A Breath of French Air to carefully choose the class material and verify the propriety of its contents, neither the website nor its owner and/staff shall be held liable in any manner for any statement made in the course of the class, including but not limited to opinions, interviews, ideas, comments or any other form of declaration appearing in the class material or in the subsequent interactions among students.
Comments made during class, or during student-teacher interaction or contained in course materials shall not in any way be construed as an opinion of the website, its owner, or its staff.
CONFIDENTIALITY
Personal information: email and personal details will be used for the sole purpose of providing the student with the services he has contracted for. This includes scheduling of classes and general correspondence, follow up questions in between classes, including, but not limited to, the transmission of class notes.
Whenever a student enrolls in a group class, he/she accepts to be part of a mailing list dedicated only to the class enrolled in, and therefore to share his/her email address with the other students, unless prior request for email privacy is notified in writing to ABOFA before the start of the group session.
ABOFA is hosted by a third-party provider who bears sole responsibility for professional obligations incumbent upon third party service providers, including but not limited to those related to protection of personal information submitted through the website.
For financial transactions, ABOFA uses a secure third-party payment system who will ensure and be solely responsible for the protection of each transaction.
CODE OF CONDUCT
Members of the staff and students are required to abide by the ABOFA code of conduct.
ABOFA reserves the right to exercise sole and absolute discretion in determining what constitutes improper or offensive behavior. Examples include but are not limited to:
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any comments that could be construed as racially or sexually offensive,
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promoting any discrimination based on (and not limited to) gender, sex, race, national origin,
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violent, abusive, indecent, vulgar harassing, threatening,
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promoting unlawful conduct,
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or violating any rights of other students or individuals.
A Breath of French Air and its staff reserves the right to deny access to the class, or terminate a contract, if a student’s opinions, views, statements or declarations during the class can be construed as improper or offensive, or do not comply with the code of conduct.
In this case, no refund will be issued.
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INTELLECTUAL PROPERTY
All class material shared during class is provided for the sole use of the student. Student undertakes to keep the material for his/her own private use and to not further distribute, partially or fully, to any third party.
It is the responsibility of each student to comply with any copyright, trademark or other applicable laws as promulgated by USA, France or any relevant sovereign states.
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OBLIGATION TOWARDS RESULTS
Taking into account the specific and idiosyncratic process of learning, ABOFA cannot commit to a specific progress rate for a student throughout the classes, nor to any results or grade the student might expect when taking a test.
ABOFA’s obligations are limited to ensuring the best efforts of a teacher.
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DISCLAIMER OF LIABILITY FOR ALL ONLINE CLASSES AND IN PERSON CLASSES
ABOFA or any of its members shall not be held responsible for any loss, damage (whether physical or emotional, direct, indirect or consequential), personal physical or moral injury, or expense of any nature whatsoever which may be suffered by student(s) or any third party, as a result of which may be attributable, directly or indirectly, to student’s use of class services.
The student will bear all responsibility issued from sharing information, of any kind, through the website and /or during or outside class.
Students agree that ABOFA does not endorse and shall not be held responsible or liable for the behavior, features, contents shared by students or through the class materials.
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ENTIRE AGREEMENT
These terms and conditions constitute the sole record of the agreement between you, the student, and ABOFA, its owner and its staff in relation to the use of the services provided.
Terms and condition are updated regularly, and it is the customers own responsibility to keep themselves informed of the latest conditions that affect them and their class purchase.
APPLICABLE LAW and JURISDICTION
All terms and conditions or other contractual elements shall be governed and construed in accordance with the laws of Arizona, from where the service is operated. Teachers will be subject to Arizona Labor law. Parties choose to elect Arizonan courts and Arizonan law to deal with any dispute arising from the use of the services or any ramification arising from the use of service, not limited to class.
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