Welcome to https://backstudiomilan.com/ (the “Site”), a website owned by 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”).
With this Site We provide you with certain services herein described.
You can contact us at the following e-mail address firstname.lastname@example.org.
These Terms are a binding legal agreement between you and BackStudio that govern your use of the websites, applications, and other IT tools provided by BackStudio (collectively, the “Platform”).
The Company reserves the right, at its sole discretion, to modify, alter or otherwise update these Terms. By using these Terms after the Company have modified, altered or updated them, you agree to be compliant with the revised Terms. However, the Company will inform you with a thirty (30) days’ notice before the above mentioned amendments apply to you. We will inform you about your right to terminate the agreement in the notification email. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Site and of the Platform will constitute acceptance of the revised Terms.
The Terms hereof regulate the use of the services offered by the Company.
In order to access our services you have to be at least 18 years old or older or otherwise have reached the age of majority in the jurisdiction where you reside or you are an emancipated minor under the laws of your jurisdiction of domicile or residence. If you are not 18 years old or, in anyway, you have not reached the majority age in your jurisdiction, then you can access our services only under the supervision of an adult.
The Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Teachers” and Members who search for, book, or use services are “Students.” Teachers offer online architectural and/or design courses (“Class Services”) as well as webinars and workshops. Therefore, if you are interested in the Class Services you must register an account to access and use the many features of the Platform and you undertake to keep your account information accurate. BackStudio, being the provider of the Platform, does not own, control, offer or manage any Class Services. As a matter of fact, BackStudio is not a party to the contracts concluded directly between Teachers and Students. BackStudio is not acting as an agent in any capacity for any Member, except as specified for payment services.
Class Services will be provided through a third party platform (the “Platform”) that you can access through a link. If you are a Student such link will be provided to you when clicking the order button; if you are a Teacher such link will be provided to you during the registration procedure.
If you are Teacher, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Teacher Services.
Table of Contents
- Searching and Booking on the Platform
- Cancellations, Refunds and Booking Modifications
- Right of withdrawal
- Your Responsibilities
- E-learning on the Platform.
- Managing Your offers
- Webinars and Workshops
- Copyright on Papers
- Cancellations and Booking Modifications
- Intellectual Property Rights
- Data Protection
- Platform Rules
- Termination, Suspension and other Measures
- BackStudio’s Role
- Member Accounts
- Applicable Law and Jurisdiction
1. Searching and Booking on the Platform.
1.1 Searching. You can search for Teacher Services by using criteria like the type of Class Service, the Teacher, language of the course, topics of the course, certain features of the course (e.g. one-to-one class or several students class), cost. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, cancellation history, popularity.
1.2 Booking. In order to benefit from the Class Services, you have to create an account. Once the account is created, you will be able to choose the Teacher whose information are published on the Site and to send a request in order to schedule the lessons.
Each request is then subject to availability of the requested Teacher at the requested time as well as the availability of a free seat in the desired session. Upon confirmation of the request, you will be asked to proceed with the payment of the lessons. When you book a Class Service, you are agreeing to pay all charges for your booking including the Class Service price and any applicable taxes and any other items identified during the checkout process (collectively, “Total Price”). When you receive the confirmation, a contract for Class Services is entered directly between you and the Teacher. The cancellation policy and any other rules identified during order confirmation process form part of your contract with the Teacher.
1.3 Class Service. A Class Service is an on-line class for e-learning. The Teacher, the topic of the course, the language, the initial/final time of the class are described on the Site. Class Services are reserved for the Student that has booked such class: no other person is allowed to take part to the class, therefore, the Student shall not share the credentials of your account with third parties. The Student might also benefit from 20 free minutes of Class Service aimed at learning more details about the Teacher and the related classes in order to be better addressed towards the most appropriate class to take.
1.4 Recordings. Class Services will be recorded, for their entire duration, for BackStudio administration tracking, monitoring, and remuneration purposes as well as for quality assurance purposes. However, such recordings will not be shared outside BackStudio and will be kept as Confidential Information, as defined throughout the Terms herein. Such recordings will be available to you, therefore, being Confidential Information, you shall not share them with any other service provider and or platform. Please note that personal recording of the class is strictly prohibited.
1.5 Ratings. At the end of each class, you will be provided with two quality questionnaires that mandatorily have to be fulfilled and that regard the functioning of the Platform and the quality of the lessons provided by the Teachers.
2. Cancellations, Refunds and Booking Modifications.
2.1 Cancellations and Refunds. In general, if you cancel a class, the amount refunded to you is not refunded unless it is expressly granted by the Teacher, provided however that Fees in favor of BackStudio shall not be refunded and, therefore, any amount you pay is refunded subject to fee deduction.
If the Teacher cancels the class, you are entitled to rebooking or to a refund, provided that cancellation is communicated through the Platform. In case the class is rescheduled, you will not be entitled to a refund.
Should you decide to cancel the course or the entire course, a reimburse will be made only if deemed appropriate by BackStudio.
2.2 Booking Modifications. Teachers and Students are responsible for any booking modifications they agree to make via the Platform (“Booking Modifications“).
3. Right of withdrawal. If you are a EU Student, you are considered a consumer within the meaning of Directive 2011/83/EU, therefore, you acknowledge and agree that you have fourteen (14) days from the day you accept these Terms in order to exercise the withdrawal right. Should you decide to withdraw, the Company will reimburse you without undue delay and in any event no later than fourteen (14) days from the day on which the Company has been informed about your decision to withdraw from these Terms.
However, you acknowledge, agree, accept and consent that the right to withdraw is excluded once the Class Services have been fully executed within fourteen (14) days from the acceptance of these Terms, in compliance with article 59, letter (a) of Italian Legislative Decree No 206/2005 (also known as “Consumer Code”).
4. Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite – with or without BackStudio and/or Teacher consent – to join the class. For example, you are responsible for any violation to copyright and any other intellectual property rights pertaining to the Company as well as to the Teacher, in this respect you shall not use the Company’s Intellectual Property Rights, as defined throughout these Terms, and the Teachers’ Material, as defined throughout these Terms, for purposes other than the provision of the Class Services being understood that such behavior breaches the applicable intellectual property laws as well as the Terms hereof. You must act with integrity, treat others with respect, in this respect, in dealing with Teachers you shall use good manners by avoiding inappropriate behavior and languages. Additionally, you shall not contact the Teachers for purposes other than those related to the provision of the Class Services and, therefore, you shall not ask for personal contacts in order to organize classes outside the context of the Platform. In submitting to the Class Services and in creating an account you acknowledge and accept to comply with applicable laws at all times. You acknowledge and agree to be the only one responsible for the truthfulness and correctness of the information provided when creating an account. If you are booking for an additional Student who is a minor, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
5. E-learning on the Platform.
5.1 Teacher. As a Teacher, BackStudio offers you the opportunity to give online lessons to Students for consideration. You, as Teacher, are in full control of how you offer Class Service: availability, topics and rules for each class.
5.2 Contracting with Students. When you accept a request for Class Services and receive a confirmation through the Platform, you are entering into a contract directly with the Student, and you are responsible for delivering the Class Service under these Terms. You are also agreeing to pay the fees to BackStudio (and applicable taxes) for each Class Service reservation. BackStudio will deduct amounts you owe from your payout as specified in the Payment Terms. Any terms or conditions related to your offer to the Students must: (i) be consistent with these Terms and with the information provided in your offer, and (ii) be published in, or disclosed through, the Platform.
5.3 Independence of Teachers. Your relationship with BackStudio is that of an independent individual or entity and not an employee, agent, joint venturer or partner of BackStudio, except only that BackStudio acts as a payment collection agent. BackStudio does not direct or control your offers and your Class Service and you understand that you have complete discretion whether and when to provide Class Services, provided that this Terms and Conditions are fully complied.
5.6 Performance of Class Services. You acknowledge and agree that in the performance of the Class Services you shall use your own material to be provided to Students and, therefore, necessary for preparing and holding the teaching courses, such as, by way of example, slides, tasks, images, sound recording carriers and, more in general, course material (the “Materials”).
You accept to bear the costs for providing the Materials; therefore, in this respect nothing is due or can be expected from the Company, both in terms of economic contribution and in terms of provision of teaching support.
You acknowledge and accept that the provision of the Class Services includes the preparation of the class and the provision of the necessary support to be given to Students during the course.
You acknowledge and agree that in case you should be five (5) minutes late, then the Student will be entitled to cancel the course and to ask for a refund and you will not be paid.
You acknowledge and accept that at the end of each class, Students will fulfill a quality questionnaire, by replying to some questions that you can find at the bottom of these Terms. In this respect, should you cancel a class on grounds considered acceptable by BackStudio (such as force majeure) as specified under section 8 of these Terms, such circumstance will not be considered in the satisfaction questionnaire in the event a Student should evaluate such circumstance.
You acknowledge and accept to communicate to BackStudio, each week, your availability for providing the Class Services being understood that it will not be possible to make more than two changes per week.
You acknowledge and accept that the classes are hold through a Platform and that will be recorded, therefore, it is strictly forbidden to use such recordings on any other platform or service provider other than the Company and the Platform.
You acknowledge and accept that each Student might benefit from 20 free minutes of Class Service aimed at providing more details about you and your Class Service. The aim of this free time is to address the Student towards the most appropriate class to take and to let the Student evaluate the purchase of the Class Service.
Your represent and warrant that you have purchased all the licenses required to use the software (such as, by of example BIM and/or Autodesk) necessary for the provision of the Class Services and, therefore, that such provision does not infringe any third party Intellectual Property Rights. It is understood that should you provide the Class Services without having purchased the necessary software licenses you will be held liable for breaching these Terms under clause 16.3 and you will also be held liable under clause 7.4.
You acknowledge and agree that your Personal Data, as defined throughout these Terms, will be published on the Site and that such publication is necessary for the execution of the Terms hereof since, by contrary, Students will not be able to choose the Teacher and the Teacher will not be able to provide the Class Services. However, in compliance with article 96, paragraph 1, of the Italian Copyright Law, you will have to provide your consent for the publication of your picture on the Site. Without such consent, the picture will not be published. The consent will be provided via e-mail to be sent to BackStudio at the following email address email@example.com
6. Webinars and Workshops.
6.1 Webinars. As a Teacher you might be involved, on a voluntarily basis or upon BackStudio invitation, in the participation/organization of webinars focused on specific agreed topics that fall within your area of specialization. For such purposes, before recording the webinar, you will meet BackStudio in order to plan and discuss together the details of the webinar itself.
The webinar will be conducted in interview mode held by BackStudio, therefore, you will discuss the chosen topic, also by showing, at your discretion, slides, and more in general any other useful Materials, also specifically created for the occasion, on the basis of previously agreed questions that will be asked by BackStudio in the course of the webinar.
Should you or BackStudio not be available – due to last minute urgencies – on the agreed date for the registration of the webinar, another one will be jointly agreed. You acknowledge and accept that the webinar will be published and made available, as a live session, on different online platforms, including but not limited to, the BackStudio’s YouTube channel. Therefore, you accept that, being the related content freely available to any user who can access it, your involvement and participation to the webinar is utterly free, as a consequence, you will not receive any fee or payment since the Payment Terms do not apply to the case hereof.
It is understood that during the registration of the webinar you will adopt a decorous behavior as well as an appropriate language, therefore, you accept (i) not to be under the influence of alcohol and/or drugs; (ii) not to use a harmful, objectionable, unethical and/or offensive language and/or attitude; (iii) to be available for Q&A sessions at the end of the webinar. Should you not adhere to the above, your conduct will be considered as breaching the Terms hereof and, consequently, BackStudio, might decide, at its sole discretion to terminate the agreement in force between you and BackStudio itself, if any, in compliance with clause 15 of the Terms hereof.
Should you be a user interested in holding a webinar on a specific topic who, however, does not intend to have a Member Account, do not hesitate to reach out to us in order to organise such webinar. However, it is understood, that the Terms hereof shall apply independently from such circumstance.
For the purposes of registering the webinar, being understood the importance of having high quality videos, also for the benefit of your image as well as for the BackStudio’s one, you acknowledge and accept to use your mobile phone by setting very high quality camera options.
6.2 Webinar’s copyright. Without prejudice to clause 21, you represent and warrant that, as per your knowledge, the Materials used for the webinars, do not infringe any third party intellectual property rights and, therefore, that you are fully authorized to use them.
You acknowledge and accept that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified infringing Materials from the webinar.
In such respect, you acknowledge and accept that BackStudio can edit at any time and at its sole discretion the recorded webinar or utterly remove it, without giving you any prior notice. It is understood that such editing will not affect your image or decorum.
6.3 Workshops. As a Teacher you might be involved, on a voluntarily basis or upon BackStudio invitation, in the participation of workshops that will be published on the Site and held on the Platform.
You acknowledge and accept that BackStudio decides the price of the workshop and you will receive such price deducted a commission due to BackStudio that will be equal to 50% of the price paid by those Students or users that enroll in the workshop. Therefore, where applicable, the Payment Terms shall apply.
It is understood that during the workshop you will adopt a decorous behavior as well as an appropriate language, therefore, you accept (i) not to be under the influence of alcohol and/or drugs; (ii) not to use a harmful, objectionable, unethical and/or offensive language and/or attitude; (iii) to be available for Q&A sessions at the end of the workshop. Should you not adhere to the above, your conduct will be considered as breaching the Terms hereof and, consequently, BackStudio, might decide, at its sole discretion to interrupt the workshop as well as to terminate the agreement in force between you and BackStudio itself, in compliance with clause 15 of the Terms hereof.
6.4 Workshop’s copyright. Without prejudice to clause 21, you represent and warrant that, as per your knowledge, the Materials used for the workshops, do not infringe any third party intellectual property rights and, therefore, that you are fully authorized to use them.
You acknowledge and accept that you will send to BackStudio, at least twenty-four (24) hours before the starting of the workshop, the Materials that you will use in order to allow BackStudio to make them available to the Students and/or to other third parties who enroll in the workshop.
7. Managing Your offers.
7.1 Creating and Managing Your offers. The Platform provides tools that make it easy for you to set up and manage an offer for Class Service. Your offer must include complete and accurate information about your Class Service, and any rules or requirements that apply to your Students or Class. You are responsible for your acts and omissions as well as for keeping your offer information (including calendar availability) and content (like cv, topics etc.) up-to-date and accurate at all times.
7.2 Video presentation. As a Teacher, in order to introduce yourself, you will be asked by BackStudio to make a short video presentation – recorded by BackStudio during which you will reply to five (5) questions previously jointly agreed.
You acknowledge and accept that BackStudio can edit, at its sole discretion, the recorded video presentation, being understood that such editing will not affect your image or decorum, and that the same will be published and made available on the Site as well as on the BackStudio’s YouTube channel.
7.5 Delivering Class Services as a Team or Organization. If you work with a co-teacher or Teacher as part of a team, business or other organization, the entity and each individual who participates in providing Class Services, is responsible and liable as a Teacher under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. You are responsible and liable for the payment due to co-teacher or any other of your assistant.
8.1 Copyright on Papers. You acknowledge and accept that should you write any article and/or post to be published on BackStudio’s Site (“Papers”) you grant to BackStudio the exclusive copyright ownership on the related Papers. Therefore, you acknowledge and accept that BackStudio might republish and reproduce it in any form and on any mean without your prior approval, however, it is understood that, pursuant to art. 20, par. 1, of the Italian Copyright Law, your moral rights cannot be assigned, for such reason, your integrity and paternity rights will always be recognized by BackStudio. Thus, you shall always be credited as the author of your Papers and you shall have the right to oppose against any modification and/or alteration of your Papers.
You represent and warrant that your Papers are your original work and that, as such, (i) to the best of your knowledge, they do not infringe any third party intellectual property rights; (ii) they have never been published before; (iii) you have granted all the necessary permissions and authorizations should they contain material belonging to third parties, material which is clearly identified as such in the Papers.
It is understood that you shall indemnify and hold BackStudio harmless from any prejudicial consequence as well as any damage, tangible or intangible, direct and/or indirect, suffered by Fiocchi and deriving, for any reason whatsoever, directly or indirectly from the infringement of intellectual property rights of third parties.
It is understood that (i) the ideas at the core of the Papers are not protected under copyright, therefore, you can write other and different papers containing the same ideas; (ii) you can use the Papers for educational purposes pursuant to art. 70 of the Italian Copyright Laws.
9. Cancellations and Booking Modifications.
9.1 Cancellations. As a Teacher, you should not cancel a Class Service without a valid exceptional reason beyond your control under applicable law. If you cancel a Class Service without such a valid reason, We may impose a cancellation fee equal to the ordinary Fee due to BackStudio and in addition to such ordinary Fee. If a Student receives a refund after you have already been paid, or the amount of the refund and other costs incurred by BackStudio exceeds your payout, BackStudio may recover that amount from you, including by offsetting the refund against your future payouts. If We reasonably expect to provide a refund to a Student under applicable law, We may delay release of any payout for that Class Services until a refund decision is made or the term to make such decision is expired.
9.2 Booking Modifications. Teachers and Students are responsible for any Booking Modifications they agree to make via the Platform.
As a Teacher, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes (“Taxes“).
12. Intellectual Property Rights
12. 1 Company’s Intellectual Property Rights. In addition to the Content, the Site and the Platform contain materials such as, by way of example, texts, logos, trademarks, images illustrations, software (the “Company’s Intellectual Property Rights”), accessible through the Site, owned by the Company and that is protected by the applicable intellectual property laws.
Therefore, such Company’s Intellectual Property Rights cannot be copied, reproduced, republished, uploaded, transmitted, distributed in any way, including by e-mails or other electronic means.
Without the express written consent of the Company, whether you are a Student, a Teacher, or a mere user, you are not allowed to use the Company’s Intellectual Property Rights for any purposes other than a personal and non-commercial use. An unlawful and unauthorized use of the Company’s Intellectual Property Rights would arise as an infringement of the applicable intellectual property laws, therefore it is strictly prohibited.
Nothing in these Terms should be interpreted as granting you a license or right to use the Company’s Intellectual Property Rights.
Therefore, you shall refrain from using, filing or having filed trademarks, names, and any other Company’s Intellectual Property Rights which may be confused with those owned by the Company and which, in any case, would give rise to an infringement of such rights.
13. Data Protection.
14.1 Confidential Information. During the course of these Terms, the parties might receive confidential information from the other party, for such meaning any information of a non-public nature and of exclusive ownership of each party (“Confidential Information”). Therefore, the parties hereby undertake not to disclose such Confidential Information to third parties without the other party’s express prior consent. Confidential Information shall not include information that at the time of disclosure is (i) in the public domain or (ii) already known to the other party.
The parties undertake to adopt all appropriate measures to keep secret the content of the Confidential Information and to protect them from unauthorized destruction or loss, using the maximum degree of care necessary to preserve and protect Confidential Information of which either party shall become aware.
Each party undertakes to promptly notify the other party in the event Confidential Information has been disclosed to unauthorized persons or is in their possession.
Such provision shall remain in force beyond the date of termination of the Terms for whatever reason occurred.
BackStudio may charge fees (and applicable Taxes) to Teachers for use of the Platform. More information about when service fees apply and how they are calculated can be found on our Payment Terms being an integral part of these Terms. Except as otherwise provided on the Platform, service fees are non-refundable. BackStudio reserves the right to change the service fees at any time, and will provide Teachers notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to these Terms.
16. Platform Rules.
16.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect, in this respect you shall adhere to the highest moral, ethical, legal, and professional standards of conduct.
- Do not scrape, hack, reverse engineer, compromise or impair the Platform.
- Only use the Platform as authorized by these Terms or another agreement with u:s
- you may only use another Member’s personal information as necessary to facilitate a transaction using the Platform as authorized by these Terms;
- do not use the Platform, our messaging tools, or Members’ personal information to send commercial messages;
- you may use Content made available through the Platform solely as necessary to enable your use of the Platform as a Student or Teacher;
- you shall use the Company’s Intellectual Property Rights in compliance with these Terms as well as with applicable laws.
- Do not use Content unless you have permission from the Content owner.
- Do not request, make or accept a booking or any payment outside of the Platform to avoid paying fees, taxes or for any other reason.
- Do not book Teacher Services unless you actually intend to use the Teacher Services.
- Do not use, copy, display, mirror or frame the Platform, any Content, any BackStudio branding, or any page layout or design without our consent.
You are required to promptly inform BackStudio of any violation of such Rules you may be aware of.
16.2 Access to Class Service by BackStudio. You acknowledge and accept that BackStudio may access the Class Service at its sole discretion without giving any notice in this sense.
16.3 Copyright Notifications. If you believe that Content on the Platform infringes copyrights, please notify us.
17. Termination, Suspension and other Measures.
17.1 Term. The agreement between you and BackStudio reflected by these Terms remains in effect until either you or We terminate the agreement in accordance with these Terms.
17.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. BackStudio may terminate this agreement for any reason by giving you thirty (30) days’ notice via email or using any other contact information you have provided for in your account. BackStudio may also terminate this agreement immediately and without prior notice and stop providing access to the Platform and to the Site if (i) you materially breach these Terms, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of BackStudio, its Members, or third parties or (iv) your account has been inactive for more than two years.
If you are a Teacher and your rating is below 60% as a result of the satisfaction questionnaires fulfilled by Students, We may consider to terminate the agreement between you and BlackStudio.
17.3 Member Violations. If (i) you breach these Terms, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or BackStudio otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) as a Teacher you offer Class Services to Students or accept payment from them outside of the Platform or to avoid paying fees, taxes or for any other reason (viii) as a Student you request for class services from Teachers or make any payment to them outside of the Platform to avoid paying fees, taxes or for any other reason (e.g. discount), BackStudio at its sole discretion may:
- suspend or limit your access to or use of the Platform and/or your account;
- suspend or remove offers, reviews, or other Content from the Platform; or
- cancel pending or confirmed classes.
In case of violations or where otherwise appropriate, you may be given notice of any intended measure by BackStudio.
17.4 Effect of Termination. If you are a Teacher and terminate your BackStudio account, any confirmed booking(s) will be automatically cancelled and your Students will receive a full refund; in this case, penalties for cancellation may be applied as provided by these Terms.
If you terminate your account as a Student, any confirmed booking(s) will be automatically cancelled and any refund will be made only if provided by mandatory law. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Platform has been limited, or your BackStudio account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Platform through an account of another Member.
18. BackStudio’s Role.
We do not and cannot control the conduct or performance of Students and Teachers and do not guarantee (i) the existence, quality, safety, suitability, or legality of any offers or Class Services or (ii) the truth or accuracy of any offers, reviews, or other Content provided by Members. You acknowledge that BackStudio has no general obligation to monitor the use of the Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content. Where We remove or disable Content, We will notify a Member and provide the reasons for such a measure.
19. Member Accounts.
You must register an account to access and use many features of the Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify BackStudio if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your BackStudio Account.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Student, Teacher, Class Service, offer and We do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being “verified” (or similar language) indicate only that the Member or BackStudio has completed a relevant verification or identification process and nothing else. BackStudio may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform.
BackStudio is liable for intent and gross negligence only end our liability is limited to the typically occurring foreseeable damages. Any additional liability of BackStudio is excluded. In such respect, 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, lack of availability, maintenance and effective functionality delays or anomalies in the connection to the Site, to the Platform and/or to the Platform due to the supply of electricity or telephone service or the malfunctioning of the Internet network or any other cause not depending on the BackStudio. In any case, the BackStudio shall not be held liable for any issues related to the functioning of the Platform, however, you should inform us of any technical issue by writing to us.
To the maximum extent permitted by applicable law, you agree to release, defend (at BackStudio’s option), indemnify, and hold BackStudio harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms, (ii) your improper use of the Platform and of the Site, (iii) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (iv) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
23. Applicable law and Jurisdiction.
These Terms are governed by and construed in accordance with the Italian Law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Italian law. In addition to the above, if you are an EU consumer within the meaning of Directive 2011/83/EU, in accordance with the European Regulation 524/2013, a European platform for the online dispute resolution regarding consumers (so-called ODR platform) has been established. The ODR platform is accessible at the following address https://webgate.ec.europa.eu/odr; through the ODR platform, you can consult the list of ADR entities, find the link to the site of each of them and start an online dispute resolution procedure in which you are involved.
If you are acting for professional purposes, you agree to submit to the exclusive jurisdiction of the Court of Milan, Italy.
24.1 No Waiver. BackStudio’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
24.2 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without BackStudio’s prior written consent. BackStudio may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
24.3 Force Majeure. Neither party shall be liable if the performance of any part or all of this Agreement is prevented, delayed, hindered, or otherwise made impracticable, or impossible by reason of any force majeure event such as, by way of example, global pandemic, flood, riot, fire, explosion, war, sabotage, accident, or any other casualty, or cause beyond either part’s control, and which cannot be overcome by reasonable diligence and without unusual expense.
24.4 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by BackStudio via email, Platform notification, messaging service (including SMS and WeChat), or any other contact method We enable you to provide.
24.5 Severability. If any provision of this agreement shall be unlawful, void or unenforceable, such provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions.
24.6 Third-Party Services. The Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. BackStudio is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
Quality survey questionnaire that Students will fulfill choise of answers with agree/disagree first 5 questions at the end of each course. The answer to the first 5 questions will affect the evaluation of the tutor.:
1. The Teacher helpme to improve overall my score and/or course grade.(agree/disagree)
2. The Teacher contributed to my academic success. (agree/disagree)
3. The Teacher had knowledge about the topic I needed help with. (agree/disagree)
4. The Teacher’s method of assistance was effective. (agree/disagree)
5. The quality of tutoring meets my needs. (agree/disagree)
6. BackStudio team was helpful in assisting my needs. (yes,no, I didnt have to contact anyone else)
7. Was BackStudio team available when I needed it? (rate 1-5)
8. I am also intrested in following courses and would consider to enroll. (list of courses and workshops)
9. I would recommend Backstudio to my friends. (yes, no)
10. How would you rate the overall quality of the course experience? (rate 1-5)
11.Do you have any additional comments or suggestions for the course? (paragraph)
Update: June 9 2021