General Terms and Conditions
These are the General Terms and Conditions set out by Set In China, and valid for the China Teaching Program with Set In China. (also referred here as “we”, “us”, “Set In China”) by you (“the client”, ”participant”). All arrangements are subject to these conditions, which become legally binding upon receiving the confirmation form via E-mail. By submitting a teaching application with Set In China, you are entering into a contractual agreement with Set In China and you agree to be bound by the following terms and conditions as described below. We reserve the right to reject the application of any person we deem unsuitable for our programs, at our own discretion. All clients of Set In China are obliged to act in full compliance with the rules and regulations of the People’s Republic of China.
The client shall understand that the information on the website is provided “as is” and without warranties of any kind either expressed or implied. To the full extent permissible by applicable law, Set In China disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Set In China does not warrant that the website or the server(s) that host the website available are free of viruses or other harmful components. Set In China does not warrant or make any representations regarding the use or the results of the use of the information on this website as to its correctness, accuracy, reliability, or otherwise. The client is to assume the entire cost of all necessary servicing, repair, or corrections. Applicable law may not allow the exclusion of implied warranties, thus certain of the above exclusions may not be applicable to the client.
The client agrees to waive and release all the claims against Set In China (this term shall include officers, directors, the company itself, employees and agents of the company, as well as host institutions and any person or entity employed or utilized by Set In China) arising from, or in connection with, any physical or property damage or loss, accidents, delays, irregularities, or other occurrences the client may suffer from and any cause including the circumstances of insuperable force, strikes or government restrictions, war, terrorists activities, sickness or quarantine or the acts or omission of any other agents over which such persons have no direct control, including, without limitation, airlines, transportation companies and railways, bus companies, taxi services, general road traffic, restaurants, student residences, apartments, youth hostels, hotels or host families. The client shall understand, that the client is responsible for taking all the measures and exercising caution and common sense at all times to avoid personal
injuries and/or death. Set In China is not responsible for any natural disasters or unforeseeable events. The client hereby waives and releases all claims against Set In China and its agents arising at any time during the program, (whether the client under or not the direct supervision of Set In China or its agents), and agrees to indemnify Set In China and its agents against any consequences thereof Contract .
Before the client’s arrival Set In China will send the client electronic copies of The teaching contract, which confirms acceptance to the specified entity, which needs to be signed and returned before arrival, Confirmation Email outlining basics of program selected These forms are for the client’s own reference and form the contract terms between the Client and the Set In China. The contract takes effect upon the client’s acceptance of the Terms and Conditions (continuing the application process without protest to the Terms and Conditions will be understood as acceptance of the contract). The client shall be asked to sign a hard copy set of these forms upon the client’s arrival at Set In China.
Any and all fees can be paid in cash, PayPal, credit card, Western Union or by bank transfer and are to be paid in deposit and balance. All transfer charges are the client’s responsibility. USD is the primary currency and payments in all other currencies will be measured against USD exchange rate (HSBC Bank Exchange Rate) on the date of payment.
No compensation, fee reductions, refunds, credits, additional lessons or extension of any courses can be given under normal circumstances, including: Services or facilities as defined on the application form and not used. Late arrival, absence or early departure from a course (see also Cancellation). Days when the company is closed because of the official Set In China holidays defined by the Set In China management. Refunds of processing fee shall only be made if and when Set In China fails to make a placement offer to the client. Refund of any paid programs fees shall be only if and when a client is unable to obtain a valid visa and provides Set In China a copy of the denial letter and visa application that is properly completed without misrepresentations. The fees for visas, flights, medical insurance and all study materials are not included in any program’s cost and have to be purchased separately. Clients are responsible for their own insurance costs and responsibilities upon landing in China. The fees for visas, flights, medical insurance and all study materials are not included in any program’s cost and have to be purchased separately.
Set In China is not liable for any costs not included in the booked program. Set In China will not grant any refunds to the client applying for a language course of certain level but unable to join the specific course. In this case the client shall be offered a suitable alternative. It is clients’ responsibility to be aware of any national holidays or other events that may change the nature of your program. While most companies operate a 9-6 working policy, some may have different requirements and we cannot be held responsible for this. International flights are not included in the cost of any of our programs. We cannot be held responsible for any action, negligence or event relating to the purchase or operation of flight tickets or flights. We will also not be responsible for any costs or refunds due to changes or delays in flights. We do not recommend or endorse any airline, insurance provider, or travel agent and it is the sole responsibility of the program participant to arrange these details and select providers based on their own decisions and experiences. Pickup from Beijing or Shanghai airport will be available from 9am to 9pm on a specified day according to the scheduled starting date of each program as determined by Set In China. Please make sure to check our starting dates of your given program and to consult with your designated contact prior to coming to China. Clients who arrive early or late will be responsible for their own transportation and related costs. If the client chooses to switch from one program to another or would like to make any changes to the signed Teaching Contract then it should be discussed with the appropriate authorities. If the client should experience any problems whilst partaking in our program, they must immediately inform us in writing by email or letter, with a clear explanation of the problem. In such an event, we will discuss the problem with the client and will discuss ways in which the problem can be solved. We are not responsible for any conversations or anything that is said unless it is recorded in the written form either by email or by letter. The client agrees to discuss any problems in their placement with our staff prior to discussion with their internship provider. If the assigned
If the hiring authority wishes to terminate our clients placement prior to the end of the stated time as a result of the participant’s inadequate or unhelpful participation or prolonged or repeated absence from work or early end of the project or any other related to work issue, the participant understands that no refund of fees will be given in this situation and We are under no obligation to provide another placement. If the participant wishes to terminate their placement prior to the end of the time stated in the contract for any reason they must provide us with written notice, clearly stating the reasons for such a decision. The participant understands that no refund of fees will be made in this situation and that no other placement will be offered. We take no responsibility and are not liable for any third party behavior or actions including but not limited to that of the hiring authority, employees or in designated accommodation. We
take no responsibility and are not liable for any accidents that take place at any third party locations including but limited to the premises of the hiring authority and or the designated accommodation. It is the participant’s responsibility to ensure they purchase personal liability insurance prior to the commencement of their placement. The participant is responsible for ensuring that they have purchased full, comprehensive insurance prior to departure to China, which will cover them for the duration of the Program and which includes but is not limited to travel, health, medical and accident insurance. The participant must bring all relevant insurance documents with them to China. In instances where the assigned hiring authority demands it, the participant agrees to sign a Non Disclosure Agreement with the assigned internship company. Regardless of whether or not the assigned internship company requires a written Non Disclosure Agreement, the participant agrees to respect and keep confidential the Intellectual Property of the assigned internship company. Penalty for violation of the non-disclosure clause by any party hereto shall be $25,000 per disclosure incident.
The same provisions shall apply to a mutual non-disclosure agreement executed with Set In China. Upon arrival in China. We are not responsible for the workload provided by the hiring authority whether it is of a high intensity or low intensity. In such situations, the Participant should advise us of the problem via email directed to our Program Coordinator and we will aim to resolve the issue accordingly directly with the company in a timely manner. Our clients grant us permission to utilize their images and/or feedback in our promotional materials. To comply with Visa regulations of the PRC, you must notify us if you have any of the following: Mental disease, Venereal Disease, Tuberculosis, HIV, Leprosy or other infectious diseases. You must also inform us if you have ever been deported, overstayed any visa, or have a criminal record in any country. Failure to do so negates any claim you may make for any refund. Our maximum liability is limited to the cost of the program.
In the event the client wants to stop the placement process due to any reason, there will not be any refunds for money spent with a third party. If the client does not accept any one of three suitable placement offers (as determined by a Set In China Career Development Officer) no further services shall be offered to the client and any claims for any refunds shall be null and void. At this point Set In China bears no further obligation to the participant.
Cancellation by the Set In China
If a client does not comply with these Terms and Conditions or exhibits undue behavior (e.g. racism, verbal abuse of staff or other course participants, substance abuse,
violations of the laws of the PRC, etc.), Set In China reserves the right to cancel the client’s program immediately. Possible surcharges, e.g. additional airport transfer charges, shall be the client’s responsibility. We reserve the right to expel a participant from the program at our own discretion for reasons including but not limited to breaking the law, bullying, threatening, or sexual harassment of other participants, anti-social or unreasonable behavior or unfit conduct towards other group members, our employees/agents, and/or the assigned internship company or excessive absence from work. In the above situations, no refunds are entitled, nor shall they be paid. In situations where the participant does not comply with the rules of the assigned internship company or rules of our Program or the laws of the People’s Republic of China, We may release the participant from the Program and no refund will be granted to the participant. Should the client become involved in any criminal matter, they are obligated to notify our office within 24 hours.
Should there be faulty or deficient services provided by Set In China the claim should be declared in a written form via email or letter to the Set In China’s administration during the program period. Any claims made after the program shall not be recognized. In the event of a justified claim, the Set In China administration may make a suitable consideration. Participants will take full responsibility for their conduct at all times during the Program. The participant will not act irresponsibly, break the law of the People’s Republic of China, or put themselves or others in dangerous situations, and if they do, will be responsible for their own consequences.
Passport, Visa and Health Restrictions
It is the client’s responsibility to comply with all the regulations concerning passport validity, visa validity and health regulations. Non-compliance with these regulations and any costs that might be incurred due to the above-mentioned are the client’s responsibility. Furthermore, it is the client’s responsibility to obtain the required documents, such as visa, passport etc. However, Set In China can assist the client to extend visa by providing necessary information and shall always be available for inquiries about issues concerning Chinese visa. Any cost for getting the visa and later extension/conversion of it is a client’s responsibility. Set In China can serve as a visa agency to assist with a visa extension or conversion. Additional service fee will be applied in that case. Participants must inform us of any travel abroad or any other unavailability of passport for visa processing during the three weeks prior to starting our program. We cannot be held responsible for additional costs for express processing, postage, and submission in person by our staff, or delay or cancellation of program due to failure to inform us of such details.
Safety, Health and Insurance
The client expressly acknowledges and agrees to acquire their own insurance at their own expense prior to departure for China. Set In China bears no responsibility for participant’s insurance directly or indirectly, under any theory at law or in equity to claim against Set In China. The client understands that insurance is the client’s responsibility and that Set In China shall not obtain any insurance for the client. The client hereby grants Set In China and its agents the full authority to take whatever actions they may consider to be warranted due to any international or political unrest, personal emergency or other circumstances regarding the client’s health and safety, and the client fully releases Set In China and its agents from any liability for such decisions or actions as may be taken in connection with the above-mentioned circumstances. The client authorizes Set In China and its agents at their discretion to place the client at the client’s own (or the client’s family members’) expense and without the client’s further consent under the supervision of a local Chinese or international medical service and treatment. If deemed necessary or desirable by Set In China or its agents, the client shall authorize them to transport the client back to the client’s home country by commercial airline or otherwise at the client’s own (or client’s family members’) expense for medical treatment.
It shall be a fundamental condition of the contract between Set In China and the client that the former shall not in any way be liable to the client in the event of any contracted service becoming impossible to supply due to war or threat of war, terrorism or threat of terrorism, fire, sickness, environmental or climate concerns, acts of government or local authority, or any other event or circumstance which amounts to a “force majeure” and in such cases no refund or compensation for any loss will be given to the Participant unless otherwise decided at our discretion.
Validity of Conditions
These Terms and Conditions are valid as of 20th November 2012 and are subject to the law of People’s Republic of China. Alterations to these Terms and Conditions are valid from the moment of publication on the website. If a provision of this agreement (or any part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable OR the parties shall negotiate in good faith to amend such provision such that, as amended, it
is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.