Terms of Payment
These terms of payment (“Payment Terms”) represent a binding agreement between you and BackStudio Milan S.r.l., a company registered in Italy under company number 11467550965, with registered offices in Via Nicola Antonio Porpora No 167, zipcode 20131, Milan, Italy (the “Company” or “We” or “BackStudio”). The capitalized terms used in these Payment Terms, have been defined in the Terms and/or in the Privacy Policy available and published on https://backstudiomilan.com/ BackStudio provides payment services to those users that, either as Students or as Teachers, intend to provide or to book the Class Services offered by BackStudio through the Platform. These Terms of Payments regulate the: (a) payment executed by the Students, including the collection of such payments, charged through the Student’s credit card or debit card or bank account or PayPal account; (b) collection of Students’ payments; (c) transmission of such payments to the Teachers; (d) withholding of part of the payment executed by the Students in favor of BackStudio.
Table of Contents
General Terms 1) Payment Service 2) Third Party Payment Services 3) Limitation of Liability 4) Applicable law and jurisdiction Student Terms 5) Payment Method 6) Payment by credit card 7) Payment by bank account 8) Payment authorization 9) Payment status 10) Refunds 11) Your responsibilities Teacher Terms 12) Payment criteria 13) Crediting the commission 14) Currency 15) Third party payment service providers 16) Collection of payment 17) Your responsibilities
General Terms
1. Payment Service. By registering to the Platform in order to book or to provide the Class Services, you accept these Payment Terms. The Company reserves the right, at its sole discretion, to modify, alter or otherwise update and/or improve these Payment Terms. However, the Company will inform you with a thirty (30) days’ notice before the new Payment Terms enter into force. 2. Third Party Payment Services. These Payment Services might contain links to third party payment services in relation to which we inform you that different terms and conditions, including a different privacy policy, apply. 3. Limitation of Liability. It is understood that BackStudio, to the maximum extent permitted by law, is not liable for damages and/or losses of any kind resulting from any interruptions, suspensions, and lack of availability, maintenance and effective functionality, delays or anomalies in connection to the third party payment services. Such limitation of liability also apply to the content of the terms and conditions, including the privacy policy that such third party payment services adopt. However, in case you might experience any kind of technical issue, we kindly invite you to inform us about such circumstance. Furthermore, BackStudio is not liable for any additional cost/fee that your bank might apply to your payment in case it should be considered as an international one. 4. Applicable law and jurisdiction. Section 21 of the Terms fully apply to such Payment Terms.
Students Payment Terms
5. Payment Method. When you create an account you will have to provide the method of payment that you prefer by choosing among the methods of payment indicated in the Class Services purchase procedure. We inform you that the payment will be processed in Euro, in this respect please note that in case your currency is other than Euro, then your bank might apply a commission, also based on the exchange rate, in order to process the transaction. 6. Payment by credit card. Should you decide to pay via credit card, you will have two options, that is to say that you can use either your Paypal account or you can register your credit card on the Platform. In the first case, the related information and personal data regarding your payment will not be processed by BackStudio, therefore, Paypal privacy notice shall apply. 7. Payment by bank transfer. Should you decide to pay via bank transfer, your bank details shall have to be inserted where indicated. Once the payment has been processed, you will receive an e-mail confirming your purchase order. Please note that in this circumstance, your personal data will be processed by BackStudio in compliance with its Privacy Policy. If the payment is not successful, the order will be considered cancelled in accordance with article 1456 of the Italian Civil Code. 8. Payment authorization. When you place the order and choose a method of payment other than the Paypal account, before authorizing the payment, you have to accept the terms and conditions of the point-and-click service, including the Privacy Policy. In this way, you declare to have read and understood both the Terms and the Privacy Policy. Please note that every kind of cost that is due for the payment of the Class Services, including taxes, will be charged through the method of payment chosen by you. 9. Status of the payment. Once that the payment has been authorized, the Class Services will be available to you. Please note that in case of denial, any amount paid will be reimbursed to you. Should BackStudio not be able to collect your payment, BackStudio will inform you about the issue occurred by suggesting an alternative method of payment. In case you do not accept such method of payment, you will not be able to use the Class Services, therefore, such use will be denied. 10. Refunds. We remind you that in case of refunds the related amount of money to be refunded will be charged back to you through the chosen method of payment. In caseyou have not used the Class Services within fourteen (14) days from the payment execution, you can exercise your right of withdrawal, in compliance with article 59 of Italian consumer code, as per section 3 of the Terms. 11. Your responsibilities. It is understood that you are the sole responsible for the correctness of the information inserted when choosing and using the method of payment and, therefore, for any loss or damage of any kind you might suffer for having inserted such incorrect information.
Teacher Payment Terms
12. Payment criteria. You acknowledge and accept that BackStudio decides the price of your class and you will receive such price deducted a commission due to BackStudio that will be equal to 50% of the price paid by the Students plus VAT if applicable. This commission will increase in case Your Class Services are below certain satisfaction rate based on evaluations given by Students through a satisfaction questionnaire at the end of each class. More precisely: (i) If the satisfaction rate is below 80%, then, the commission of that month for BackStudio will increase of 5%; (ii) If the satisfaction rate is below 70%, then, the commission of that month for BackStudio will increase of the 10%; (iii) Should the satisfaction rate being below 60%, then, the commission of that month for BackStudio will increase of 20%. In such circumstance, BackStudio might decide, at its sole discretion, to terminate your account and any relationship with you. 13. Crediting the commission. The commission will be credited to you at the end of the class, following the completion of the satisfaction questionnaire by the Student. Your commission will be credited in compliance with the method of payment you choose when you created your account. You can decide to provide the details of your credit card; your bank account for bank transfers or your Paypall account. 14. Currency. The total amount of the commission that BackStudio will pay you, will be indicated in Euro and the related payment will be made by using such currency. 15. Third party payment service providers. Depending on the payment method chosen, such payment method may involve the use of third party payment service providers. Such service providers may charge you additional fees when processing your payment. In such respect, BackStudio is not responsible for any such additional fees. In addition, please note that when using third party service providers, the payment condition may also be subject to additional terms of use. Please check these before using and/or choosing the payment method. 16. Collection of payment. With these Payment Terms, you acknowledge, agree and accept that BackStudio directly collects and receives the overall amount paid by the Students for the Class Services provided by you and that you will receive such payment deducted the commission for BackStudio as determined under article 12 above. 17. Your responsibilities. It is understood that you are the sole responsible for the correctness of the information inserted when choosing the method of payment through which BaskStudio will pay you and, therefore, you are the only one responsible for any loss or damage of any kind you might suffer for having inserted such incorrect information.