Introduction

– Names such as Damvibes, Damvibes.com, Music School Damvibes, Music Academy Damvibes and all its variants are legally represented by Marco Gonzalvo Lara (Rua Francisco Nappi, São José, Santa Catarina, CNPJ 47.130.643/0001-13), hereafter “Damvibes”.

– Damvibes reserves the right to modify these Terms and Conditions at any time, uploading new versions to this Website.

Objectives of Damvibes.com

– Damvibes is an online platform that connects music students/legal guardians with people who call or claim themselves as music teachers. 

Organization

– Music School, Damvibes Music Academy and all its variants are names used for marketing purposes, such as attracting potential customers with certain search intentions (for example, “music teachers”) and connecting / putting them in contact with registered users on our website as “Teachers”, who offer services very similar to those sought by potential clients (Students). Therefore, Damvibes does not offer music class services directly, Damvibes does not provide, rent, or have any agreement with entities, buildings, spaces or offices where said classes are held. In contrast to the above, Damvibes allows the creation of profiles for teachers (Teachers) and students or legal guardians (Students), 

– Teachers registered in Damvibes have the right to rent or maintain agreements with spaces or facilities under their own responsibility, thus assuming their costs.

Registration and Termination of Contract

– The information and data that you provide to Damvibes must be accurate and consistent with reality, and cannot, in any way, mislead.

– The User, Student/Legal Guardian or Teacher or Damvibes, may terminate this contract one month before the termination date, without the obligation to provide any justification.

– Any Cancellation or Termination of Contract must be made through our contact forms, via e-mail, whatsapp or any written, physical or digital document.

– Damvibes reserves the right not to accept a certain user, registered or not, Teacher or Student/Legal Guardian, without having to provide a justification.

– As a Damvibes teacher, you agree that the students provided by Damvibes remain connected to the platform from the registration date

– These Terms and Conditions apply to any user, visitor or registered through any of our registration forms 

About the Services provided by Damvibes

– The services provided by Damvibes are free for Students/Legal Guardians who register at Damvibes.com through our registration forms. These services, among which are included, but are not exhaustive, are: Consultancy on music classes, information about the services offered by teachers, payment system, access to information freely shared by teachers, among others. Neither Damvibes nor its legal representation exercises any control over the services provided by the Teachers, the methodology of the classes, the employment relationship of the Teachers with the Students, as well as the fiscal obligations of the Teachers, and does not guarantee the service of the Teacher, for which, any registered user, Student/Legal Guardian or Teacher in Damvibes, understands that the Teachers are independent contractors,

– Damvibes, however, does offer paid services to registered “Teachers”. Among the services provided by Damvibes are included, but not exhaustively, the recruitment of “leads” or clients (Students), payment system and class reservation, consultancy on class methodologies (not binding to the classes), marketing and promotion of the services offered by the Teachers. The services performed by the Teachers may vary and may also include artistic activities such as concerts, masterclasses, tuning services, etc.; Damvibes’ rates represent 25 percent (25%) of the Teachers’ rates, this percentage is calculated in a monthly basis.

– All Teachers agree and have freely decided to accept the above fee, payment and reservation structure.

– The information presented on this website, related to music classes, the general operation, as well as the content of the same is purely indicative and general, as such, Damvibes does not guarantee the accuracy and precision of that information or the provision of the services described therein. 

– Damvibes does not guarantee the accuracy or precision of the profiles / Resumes of the Teachers

– Damvibes does not guarantee payments that occur outside of the Damvibes platform.

Limitation of Liability and Disputes between users.

– Damvibes offers a Marketplace system whose main objective is to connect all those interested in the services of the Teachers. As independent contractors, the Teachers have full control over the methodology, materials or costs and any aspect related to the classes or services provided directly to the Students or clients.

– In the event of a dispute, and if the Teacher and Student/Legal Guardian agree, Damvibes will offer itself as a mediator for any matter related to classes, reservations, services, etc. In such a case, and if possible, Damvibes would propose a peaceful solution between the two parties. 

Warranty Limitation 

– The costs of telecommunications and access to the Damvibes Website are the sole responsibility of the user.

– Damvibes does not guarantee that the operation of these services will be continuous, fast and completely safe or without any type of technical failure.

– Damvibes is not responsible for the loss of information, interruption or malfunction of its services. Damvibes cannot be held responsible for false accusations or damages resulting from such incidents.

– Any other expressed or implied warranty is totally excluded.

Applicable Law

– These Terms and Conditions are subject to Estonian Legislation. In the event of a dispute, Damvibes will endeavor to obtain a peaceful resolution before taking any legal action. In the event that said resolution is not carried out, these Terms and Conditions will be taken as the legal basis in the judicial processes resulting from the aforementioned dispute. 

Unlimited customer support 

– Damvibes offers customer support to help you and answer any questions. We like to listen to you, so you can write to us whenever you want at [email protected]

Privacy Policy

– At Damvibes we care about your privacy, please take a few minutes to carefully read our Privacy Policy, described on this page (this URL).

Status of the Teacher and the Student – The relationship of Damvibes towards the Teacher is that of a Company (Damvibes) who provides Services to everyone who registers as a Teacher. In no case it is intended to create a business agreement, agency, employer-employee or similar relationship between Damvibes and the Teacher. Teachers are solely responsible for all tax returns and payments that must be filed or made with any state or local taxing authority with respect to the compensation of their Students. – No part of your compensation will be subject to withholding by us for the payment of Social Security, Medical Insurance or similar, or any other tax on an employee’s payroll.

– Teachers are not authorized to make any representation, contract or commitment on behalf of Damvibes unless specifically requested or authorized in writing to do so by us.

– Damvibes is not responsible for any action or behavior of the Teacher.

– The two parties, Student/Legal Guardian and the Teacher, determine the schedules, dates, and regularity of their classes. 

– Damvibes recommends but does not require that the first class be free

Acceptance of the Payment and Billing System

– As a registered user, you understand and agree to the Damvibes Payment and Reservation Policy, described in the “Payment and Reservation Policy” section.

– You accept and understand the Booking Method of a class. Payment methods are limited to a common Bank Transfer.

Payment and Reservation Policy

– As a platform that you know first-hand and aims to connect two types of users, the prices of each class are indicative and of a general nature and may be modified. 

– By registering as a Teacher in Damvibes, you, “Teacher”, accept and understand that the Terms and Conditions described in this document (this URL) will govern the Reservations and Payments of your students from the moment our services start.

– Damvibes believes in a fair Payment and Booking System for all parties; On the one hand, (1) Damvibes proposes that Payments (Transfers) be made in advance (before the start of the month or at any time after the Trial Lesson) and for those classes held in the month for which it is booked. These payments are made directly from the Student/Legal Guardian’s bank account to the Teacher’s bank account. For example, for classes to be held in February, it is proposed to Reserve and Make the Payment before those classes take place; and (2), after the reservation and transfer made, Damvibes will collect the agreed commissions through regular bank transfer, invoices for the services provided will be sent to each Teacher.

– The Teacher reserves the right not to give a class that has not been paid or transferred to his/her bank account.  

– It will be the Teacher and the Student who will decide how many classes to take in the month for which it is reserved

First contact between the Student and the Teacher

– After a Student registers, Damvibes will inform the teacher through an automated email, and it will be the Teacher who contacts the Student to make a trial class. 

Trial lesson

– Damvibes recommends giving the first trial class for free, but the Teacher has the right to require payment for it (30% discount). Trial lessons are 30 minutes long

Messaging
– For your own security and for a better quality deliverability, all messages sent within this platform (damvibes.com) might be monitorized

Individual classes

Schedule Changes and Cancellations Policy. Damvibes proposes on a non-binding basis:

– The Teacher has the right to change this Class Rescheduling Policy at any time. If this is the case, the Teacher must inform the student of said change. 

– The Student or the Teacher has the right to change a class in advance, 48 hours after the time of that class, under mutual agreement between the Teacher and the Student. 

– The Teacher has the right not to teach a class that has not been changed on time. 

– The Teacher or the Student can Cancel a class up to 7 days before it.

Class Refund Policy – Damvibes proposes on a non-binding basis:

– Classes canceled on time can be refunded or exchanged for the following month.

– The Teacher reserves the right not to give a class if it has not been canceled on time.

– The Teacher may modify this Class Refund Policy at any time, prior notification to Damvibes and Student.

Group classes

Payment in advance

– The number of classes will be determined by the teacher and payment must be made in advance. The Teacher will determine the number of classes to be held in a particular month, taking into consideration holidays or other personal and/or professional reasons. 

– Group Classes are subject to a fixed schedule and cannot be changed or cancelled.

– The Teacher reserves the right to cancel one or several Group Classes for any personal or professional reason. Cancelled classes may be refunded or exchanged for the following month.