Terms and Conditions
– Damvibes.com reserves the right to modify at any time these Terms and Conditions, by posting a new version on the site.
Purposes of the Site
– Damvibes is an online platform that connects music students or legal tutors (Students) with music teachers (Teachers).
– Music School Damvibes, Academy Damvibes and its variants are names used only for marketing purposes, such as attracting prospective clients with certain search intents (music lessons, music teachers) and connecting them to other users registered in our website as “Teachers”, who offer very similar services. Thus, Damvibes does not offer music lessons directly, Damvibes does not own, rent or have any partnership with any entity, building, venue, office or space in which lessons take place. Instead, Damvibes allows the creation of profiles for teachers and students/legal tutors and the posting and distribution of classes.
– Damvibes may share with Teachers public information of certain spaces or venues, such as address, rates and time schedule, but in any case, Damvibes provides or rents a venue or space in which lessons take place.
– Every Teacher in Damvibes agrees on having music lessons at the aforementioned places displayed in the website (for instance, QFactory – Atlantisplein 1) and bear the costs of its rental fees.
– Names such as Damvibes, Damvibes.com, Music School Damvibes, its variants, and every mention of those in the whole Website “Damvibes.com” refer and are legally represented by Marco Gonzalvo, Comissionist (Freelancer 73000800, Calle Mallen 9, 50007, Zaragoza, Spain) founder and director of the platform Damvibes.com
Registration and termination
– Data and information that you provide must be accurate, consistent with reality and can in no way induce the addressee in error.
– There is no minimum age to access courses published on the site. Damvibes reserves the right to refuse a registration if these terms and conditions are not met.
– The user, Student/Legal Tutor or Teacher and Damvibes may terminate their contract and / or terminate the user registration at any time, prior notice, one month in advance, without having to justify a reason
– Any cancellation will be via the contact form on the website, by e-mail, whatsapp or any written document, physical or digital.
– Damvibes reserves the right to terminate the registration of a user who has violated any of these terms and conditions.
– Damvibes reserves the right to not accept a determined user, Teacher or Student/Legal Tutor and has no obligation to justify a reason.
– A Teacher that stops being displayed in Damvibes Platform accepts that students provided by Damvibes are connected to our platform up until 12 months since student’s registration date.
– These Terms and Conditions apply to everyone signing up in www.damvibes.com through our registration forms
About the services provided by Damvibes
– The services provided by Damvibes are free of charge for Students/Legal Tutors who register in Damvibes.com through its registration forms. These services include but are not limited to: consulting about music lessons, payment system and access to our independent teachers’ contact information. As such, we do not control the manner or method of service to the Student/Legal Tutor, exercise no control over the working relationship, fiscal obligations of the Teachers and do not warrant the service of any Teacher, thus, every user registered in Damvibes acknowledge that Teachers are independent contractors who operate a separate and distinct business from Damvibes.
– Damvibes do offer paid services to users registered as “Teachers” through forms placed in URL’s that contain the terms “teacher-registration”. These services include but are not limited to: collection and administration of leads (Music Students), payment system, tutoring and methodology consulting and promotion of the teaching services offered by Teachers. These services have a variable amount and are calculated through a variable comission (20-25% of every lesson given by the Teacher)
– All teachers agree to the aforementioned commission structure
– Information about music lessons, how they work or the content of those is purely indicative and of general nature, as such, Damvibes does not guarantee the accuracy of this content and its deliverity.
– Damvibes cannot guarantee the accuracy of the profiles/CV’s of the Teachers
– Damvibes cannot guarantee the payments that happen outside the website of Damvibes for the lessons.
– Damvibes cannot guarantee a determined number of Students for each Teacher
Limitation of liability and Disputes between users
– Damvibes offers a marketplace to connect those seeking teaching services to connect with those seeking to provide teaching services. As independent contractors, Teachers control the methods, materials and all aspects of the lessons.
– If both Teacher and Student/Legal Tutor agree, Damvibes proposes itself as a mediator if any dispute arises concerning the classes or booking. In such case, Damvibes will intent and propose to make an amicable resolution (where possible).
– Telecommunication costs to Damvibes website are the sole responsibility of the user.
– Damvibes does not guarantee that the operation of its services is continuous, fast, fully secure or without minor bugs.
– Damvibes cannot be held responsible for the loss of information, interruption or malfunction of its services. Damvibes cannot be held liable for false statements and prejudices resulting from them.
– All other warranties, expressed or implied, are excluded.
These terms and conditions are subject to Spanish law. In case of dispute, an amicable solution will be sought before taking any legal action. Failing settlement, these terms will be used as the legal basis and the courts of the corresponding jurisdiction.
Unlimited email support
Damvibes has a dedicated customer support available to assist you and answer any questions that arise. We want to hear from you, so please don’t hesitate to contact us at [email protected]
Student and Teacher Status
– Teacher relationship with Damvibes is that of an independent contractor, and nothing in these Terms and Conditions, or any agreement is intended to create a partnership, agency, employment or similar relationship between Teachers and Damvibes. Teachers are solely responsible for all tax returns and payments required to be filed with, or made to, any state or local tax authority with respect to compensation from their Students.
– No part of your compensation will be subject to withholding by us for the payment of any social security or any other employee payroll taxes.
– Teachers are not authorized to make any representation, contract, or commitment on Damvibes behalf unless specifically requested or authorized by us in writing to do so.
– Damvibes is not responsible for any action or behaviour from the Teacher.
– Both parties, Student/Legal Tutor and Teacher, determine the date/time schedule of each lesson and the frequency in which the lessons will be set.
– Damvibes recommends the first trial lesson to be free of charge
Class fees, billing and payments
– As a registered user, you understand and agree to abide by Damvibes Payment Policies, described in the next section “Booking and Payment Policies”
– You agree to abide Damvibes’ Payment Method of a booked class. Payment Method is limited to a regular Bank Transfer.
Booking and Payment policies
– As a platform who seeks to connect two type of users, Damvibes sets a starting price of each lesson. This price is purely indicative, thus, the Teacher, as a completely independent business entity has the right to modify these prices at any moment.
– By registering as a Teacher with Damvibes “the website”, you “Teacher” agree that Terms and Conditions displayed in this URL will govern all booking and payments made to you by Students/Legal Tutors through the Damvibes Booking and Payment system, while Damvibes’ services are being delivered
– Damvibes proposes a payment system that believes it is fair for both parts; On one hand (a) Damvibes proposes payments in advance for lessons that occur in each month, (b) Damvibes proposes to collect the agreed comissions before Teacher gets paid.
– The Teacher has the final decision to give or not a lesson that has not been paid
First contact between Student and Teacher
After a student signs up, Damvibes will inform the Teacher, and it will be the Teacher who will get in contact with the Student in order to set up a trial lesson.
Booking and payment process of Individual lessons
– At the beginning of each month, or after the first trial lesson, Student/Legal Tutor and Teacher will set up the number of lessons expected in that specific month. The Teacher will fill in a reservation form that will be sent to the Student/Legal Tutor. This form will be sent by Email, and it will contain all the payment information.
– Lessons are paid in advance, by Bank Transfer. For instance, let us suppose that the Student has lessons on Thursdays and January 2030 has 5 Thursdays, the Student should pay 5 lessons in advance.
– The Student may decide how many lessons he/she wants to set at the beginning of the month (or earlier) and pay only for those.
Rescheduling Policy – Damvibes proposes:
– Changing the time/date of the lesson may be changed only 48 hours before the lesson or earlier under agreement of both parties.
– The Teacher has the final decision to not give a lesson that has not been rescheduled on time (48 hours before the lesson or earlier).
– The Teacher may cancel or reschedule at any moment before the lesson
– The Teacher has the right to change the reschedule policy at any time
Cancelling Policy – Damvibes proposes
– The Student may cancel a lesson 7 days in advance or earlier. As the payment has been done at the beginning of the month, the next month the Student will pay 1 lesson less (or reschedule). For instance, let us suppose January 2030 has 4 lessons. The Student will pay 4 lessons at the beginning of the month. In case that, unexpectedly, the Student has to cancel the 4th lesson 7 days in advance or earlier, on February 2030 the Student will not have to pay the whole amount of lessons, but one fewer (or reschedule the one that had been cancelled).
– The Teachers reserve the right to not give a lesson that has not been cancelled on time
– The Teacher has the right to change or modify “Cancelling Policy” at any time
– The teacher has the right to ask certain amount for the first trial lesson
– Although Damvibes recommends the first trial lesson to be free, the Teacher has the right and agreed to ask 15€ for a trial group lesson (first trial lesson)
Payment in advance
– The number of the lessons for a determined month will be set by the Teacher, taking into consideration aspects such as festivities or other professional/personal reasons.
– The teacher has the right to not reschedule group lessons, thus, if student does not attend a group lesson or does not attend on time
– The Teacher reserves the right to not refund the amount of a Group lesson if the Student does not attend the class or does not attend on time.
– At the beginning of each month, Teacher will set up the number of lessons expected in that specific month. The Teacher will fill in a reservation form that will be sent to the Student/Legal Tutor and it will include all the payment information. Lessons are set at the beginning of the month and must be paid in advance, by Bank Transfer. For instance, let us suppose that the Student has lessons on Thursdays and January 2030 has 5 Thursdays, the Student should pay 5 lessons in advance.
– The Teacher has the right to cancel a group lesson. Given this scenario, Students have the right to not deposit the amount of one group lesson in the next month. This scenario also applies for one or more lessons cancelled by the Teacher
- DamVibes or DamVibes.com is a commercial name used only for marketing purposes. The names DamVibes or DamVibes.com are referred to his founder and director Marco Gonzalvo
General Data Protection Regulation (GDPR)
We are a Data Controller of your information.
- DamVibes needs to perform a contract with you
- You have given DamVibes permission to do so
- Processing your personal information is in DamVibes legitimate interests
- DamVibes needs to comply with the law
In certain circumstances, you have the following data protection rights:
- The right to access, update or to delete the information we have on you.
- The right of rectification.
- The right to object.
- The right of restriction.
- The right to data portability
- The right to withdraw consent
damvibes.com follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
Cookies and Web Beacons
Like any other website, damvibes.com uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Note that damvibes.com has no access to or control over these cookies that are used by third-party advertisers.
Third Party Privacy Policies
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites. What Are Cookies?
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
damvibes.com does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.