MICROFUSA FORMACIÓ, S.L.

GENERAL TERMS AND CONDITIONS

OF CONTRACTING AND ENROLMENT

Provider details. MICROFUSA FORMACIÓ, S.L. (hereinafter, “Microfusa”), with CIF B-63197099 and registered office at Ronda del Guinardó, 65. Contact: escuela@microfusa.com · +34 934 353 688 (Barcelona) · +34 917 024 592 (Madrid) · . The person who contracts or receives the training is referred to as “the student”. When the contract is entered into by a legal representative, the financial obligations shall be borne by the party listed as the contracting party, without prejudice to the student's rights.

1. Object, scope and contractual documentation

1.1. These terms and conditions govern the contracting of the courses and training services offered by Microfusa through its website (escuela.microfusa.com), by telephone, in person, or through any other authorized channel.

1.2. The contractual relationship shall consist of: these general terms and conditions; the course information sheet or page and the summary displayed upon completion of the contracting process; the specific terms (calendar, format, requirements, price and payments for the course); the enrolment confirmation email or document; and the privacy policy and specific authorizations accepted by the student.

1.3. In the event of any contradiction, the specific terms of the course shall prevail when they are more specific or more favorable to the consumer. No modification published subsequently shall affect a contract already confirmed retroactively, except by express agreement or mandatory legal change.

1.4. Contracting implies acceptance of these terms and conditions and does not limit the non-waivable rights recognized by consumer and user regulations.

2. Specific information for each course

2.1. Before contracting, Microfusa shall provide clear and understandable information on at least: the name, essential content and objectives; format (in-person, hybrid or online), centre, dates, duration and schedule; access requirements; total price including taxes, reservation amount, payment schedule and accepted payment methods; conditions of any discount; included materials, licenses and campus; minimum number of students when running the course depends on it; expected qualification or certificate and, where applicable, the external entity; and the withdrawal and cancellation procedure with its financial consequences.

2.2. This information shall be included in the specific course information sheet, which forms part of the contract. The student must review it before confirming enrolment.

3.3. Microfusa courses are not officially recognized, mainly due to the nature of their teaching, and consequently, they do not offer a government-recognized qualification. 

3. Student requirements and representation

3.1. The student declares that they have the legal capacity to contract. If they are under eighteen, the contract shall be entered into through their legal representative, who shall assume the financial and contractual obligations.

3.2. Certain higher qualification courses require access requirements indicated in the information sheet; failure to comply with them may prevent enrolment or obtaining the qualification.

3.3. The student guarantees the truthfulness and accuracy of the data provided and undertakes to report any change of address, contact details or bank details during the course.

4. Contracting procedure

4.1. Contracting may be carried out: (a) via the website, by selecting the intake, schedule and payment method and following the guided steps until completion; (b) by telephone (+34 934 353 688 / +34 917 024 592); or (c) in person at the centre. In all cases, contracting shall be carried out through the centre's website, even if assisted in person or by telephone.

4.2. The student shall complete the forms, send the required documents within the stipulated period and expressly accept the terms and conditions applicable to the course. From that moment, they acquire the status of a Microfusa student.

4.3. Microfusa will send a confirmation in a durable format with the agreed terms and conditions. For in-person courses, confirmation is subject to seat availability.

4.4. The computer records kept by Microfusa shall constitute evidence of the communications, orders and payments made between the parties.

5. Price, reservation and payment schedule

5.1. Each course will have a single total price indicated in its specific information sheet, with applicable taxes included unless otherwise stated by law.

5.2. The seat reservation is part of the total price and is deducted from it. Its payment formalizes the application or enrolment under the terms of the specific information sheet.

5.3. The price may be paid according to the course's regular payment schedule, without any surcharge for its use, without prejudice to actual and substantiated bank charges caused by a return attributable to the student.

5.4. The specific information sheet will indicate the amount and date of each payment. In the case of direct debit, the student will provide a valid account and authorize the corresponding charges.

5.5. Microfusa may update prices for future contracts. The price of a course already contracted will not be unilaterally modified.

5.6. In the case of courses lasting more than one year, the displayed price corresponds to the cost of a single year.

5.7. Microfusa does not display the price of courses that extend to universities in the United Kingdom. Their prices can be found on the official pages of said centres. The universities are external centres, and Microfusa has no financial agreement with them. However, the Universities may offer discounts to our students, although this is not a lifetime gift. It is advised, as indicated in the course information sheets, that the student informs themselves beforehand. Microfusa undertakes to provide the maximum information we have at any given time when requested. 

6. Discount for full advance payment

6.1. Microfusa may offer, for certain courses or intakes, a commercial discount for full advance payment.

6.2. If it exists, the amount or percentage of the discount, the final price, the deadline, the payment method and the conditions of application will be disclosed before contracting.

6.3. The discount is voluntary. Those who do not request it or do not comply with its conditions will maintain the regular total price and payment schedule.

6.4. Advance payment does not imply a waiver of the right of withdrawal or other consumer rights. Refunds will be calculated based on the amounts actually paid.

7. Confirmation, invoicing and payment methods

7.1. After contracting, Microfusa will send a confirmation in a durable format that will include the applicable terms and conditions, the course identification, the price and the payment schedule.

7.2. The available payment methods will be indicated during contracting and may include card (Visa, Mastercard, Maestro, American Express), transfer, PayPal, bank direct debit or other enabled methods.

7.3. Card payments are processed through the corresponding credit entity's terminal; Microfusa does not store the full card details. The data required for direct debits is processed in accordance with the privacy policy.

7.4. The invoice or receipt will be issued with the data provided by the contracting person, who will report any error without delay.

8. Provision of the training service

8.1. Microfusa will provide the course according to the specific information sheet and make the teaching and technical means included in the offer available to the students.

8.2. Microfusa may make reasonable adjustments to the teaching staff, the order of contents, classrooms or resources for academic, organizational or technical reasons, without altering the essential contracted elements.

8.3. Substantial modifications will be considered those that significantly affect the qualification, format, venue, duration, number of hours, calendar or essential content. In such a case, Microfusa will inform with reasonable advance notice and offer an equivalent alternative or the termination of the contract with the refund of the part corresponding to the services not provided.

8.4. When external entities participate (Southampton Solent University, University of Winchester, Escola Superior de Música Jam Session or TileYard Education, among others), their specific conditions and possible changes will be communicated transparently, without excluding Microfusa's own obligations as the contracting entity.

8.5. Microfusa may cancel an intake if the number of enrolled students at the start is less than four in certificate courses or ten in diploma courses, refunding in such a case the full amount paid (see clause 12).

9. Right of withdrawal

9.1. In contracts entered into at a distance (web or telephone) or outside the establishment, the student acting as a consumer may withdraw from the contract during the fourteen (14) calendar days following its conclusion, without the need for justification or penalty.

9.2. This legal period of withdrawal does not apply to enrolments formalized in person at Microfusa's facilities, which shall be governed by the withdrawal conditions of clause 10.

9.3. To withdraw, it will be sufficient to send, before the deadline expires, an unequivocal statement to escuela@microfusa.com, indicating the necessary data to identify the enrolment. The model in Annex II may be used, although it is not mandatory.

9.4. Microfusa will refund the amounts received without undue delay and, in any case, within fourteen (14) calendar days following the communication of the withdrawal, by the same payment method unless expressly agreed otherwise, without generating costs for the consumer.

9.5. If the student expressly requests to start the course or a service during the withdrawal period and subsequently withdraws, they will only pay the amount proportional to the part actually provided until the communication of the withdrawal.

9.6. Access to digital content not supplied in a material format during the withdrawal period will require, when legally necessary, prior consent and confirmation of knowledge of its effects. The eventual loss of the right regarding digital content will not extend to training services not yet executed.

10. Voluntary withdrawal and early cancellation

10.1. Once the withdrawal period has ended —or from the contracting date, in the case of in-person enrolments—, the student may request to withdraw from the course in writing, through a means that allows proof of receipt.

Withdrawal before the start of the course

10.2. If the withdrawal is requested before the start of the course, Microfusa will retain only the seat reservation amount and administrative costs, deducting any amount recovered through the reallocation of the seat, unless more favorable specific conditions apply.

Withdrawal once the course has started

10.3. The withdrawal will take effect on the requested date when it is communicated with at least thirty (30) calendar days' notice; with less notice, it will be effective thirty (30) calendar days after receipt of the request. Until the effective withdrawal date, the overdue amounts and those corresponding to the services actually provided will be due, which will be paid in full as they correspond to a service already provided.

10.4. Regarding the amount corresponding to the part of the course not yet provided as of the effective withdrawal date (hereinafter, the “outstanding amount”), the student will pay an early cancellation fee intended to compensate for the teaching and organizational commitments already assumed, calculated as a percentage of the outstanding amount according to the following scale, depending on the period elapsed since the start of the course 

• Up to 30 days from the start of the course: 20% of the outstanding amount.

• From 31 to 60 days from the start of the course: 40% of the outstanding amount.

• From 61 to 90 days, or more, from the start of the course: 60% of the outstanding amount.

10.5. The costs that Microfusa may have avoided and any amount recovered through the occupation of the seat by another student will be deducted from the above compensation. The compensation may in no case be equivalent to the full outstanding amount.

10.6. In serious and substantiated situations —prolonged illness, accident, death, forced relocation, or other comparable circumstances— Microfusa will fairly consider the exemption or reduction of the compensation, postponement, change of intake, or credit for another edition.

10.7. Mere lack of attendance does not equate to a withdrawal request: unless communicated, the service and payments will continue according to the contract. 

10.8. Materials, licenses, or individualized services already delivered or activated may be charged separately, provided that their cost had been previously disclosed and was not already included in the amounts accrued.

11. Non-payment, bank returns and suspension

11.1. When a payment cannot be made, Microfusa will communicate the incident and grant a reasonable period, not less than ten (10) calendar days, to regularize it or propose a solution.

11.2. The student will pay the actual, substantiated bank charges directly caused by a return attributable to them. Charges caused by an error by Microfusa, an incorrect charge, or an unauthorized direct debit will not be passed on.

11.3. If the non-payment persists after the request, Microfusa may proportionally suspend access to the campus, practices, or other services, with prior warning.

11.4. Microfusa may terminate the contract for essential or repeated non-payment and claim the overdue amounts, the services provided until termination, and, where applicable, actual and proportional damages. Non-payment will not by itself cause the automatic maturity of all future installments for services not yet provided.

11.5. Before initiating an external claim, Microfusa will attempt to offer a way to regularize, exceptional installment payments, a change of intake, or the formalization of the withdrawal, when reasonable.

12. Cancellation or modification by Microfusa

12.1. Microfusa may cancel an intake if the minimum number informed is not reached, if teaching quality cannot be guaranteed, or for another sufficiently justified objective reason.

12.2. In the event of cancellation before the start, the student may choose between an equivalent alternative intake or the full refund of the amount paid. If the cancellation occurs once the course has started, an equivalent solution or the refund of the part of the service not provided will be offered.

12.3. In the event of a substantial change in the conditions, the student may terminate the contract with the refund of the part corresponding to the services not provided.

12.4. Microfusa undertakes to give at least 7 days' notice in the case of cancellation due to a lack of the minimum number of attendees.

12.5. Microfusa does not assume costs derived from the cancellation of a course, such as accommodation, travel, or others of a similar nature.

13. Obligations of Microfusa

13.1. Provide the contracted course according to the calendar, schedules, and conditions of the offer, guaranteeing its quality.

13.2. Make the necessary technical (in in-person courses) and teaching means available to the student, as well as their right to attend the contracted course.

13.3. Website availability depends on telecommunications networks; Microfusa is not responsible for interruptions, delays, or failures beyond its control, and will provide at least twenty-four (24) hours' notice of scheduled maintenance.

14. Student Obligations and Conduct

14.1. Make proper and lawful use of the services, without contravening current legislation or infringing the rights of third parties, and comply with the rules of coexistence and the use of the facilities and campus.

14.2. Ensure the accuracy of the data provided and report any changes.

14.3. Safeguard access keys and maintain their confidentiality. Microfusa shall not be held responsible for the incorrect or negligent use of such keys by the student.

14.4. The student's contractual position is personal and non-transferable to third parties, except by express agreement with Microfusa.

15. Virtual Campus, Digital Content, and Technical Requirements

15.1. Access to the virtual campus is personal and non-transferable; credentials are confidential.

15.2. The minimum technical requirements for taking the course will be indicated in the course information sheet.

15.3. Digital content is made available for the student's personal use during the course; unauthorized reproduction, distribution, or public communication is prohibited.

16. Intellectual and Industrial Property

16.1. Intellectual and industrial property rights to Microfusa's works, trademarks, logos, and content belong exclusively to Microfusa or the third parties that have authorized their inclusion.

16.2. Unauthorized reproduction, distribution, public communication, or modification of such content is prohibited and may result in appropriate legal action.

17. Personal Data Protection

17.1. The data controller is MICROFUSA FORMACIÓ, S.L. Data is processed to manage enrollment, provide training, and comply with legal obligations.

17.2. The legal basis, retention periods, recipients, and the exercise of the rights of access, rectification, erasure, objection, restriction, and portability are detailed in the privacy policy [link].

17.3. For any questions regarding personal data: escuela@microfusa.com

18. Customer Service, Complaints, and Dispute Resolution

18.1. The student may direct inquiries and complaints to escuela@microfusa.com, the school's registry office, or the indicated customer service phone numbers. All inquiries will be referred to the internal body competent for each case.

18.2. Microfusa provides official complaint forms in accordance with consumer regulations.

18.3. The consumer may use applicable alternative dispute resolution methods, including the European Online Dispute Resolution platform.

19. Liability and Force Majeure

19.1. Microfusa is responsible for fulfilling the contract in accordance with these terms and applicable regulations.

19.2. It shall not be held responsible for breaches due to force majeure or causes beyond its reasonable control, though it will endeavor to provide an equivalent solution whenever possible.

20. Duration, Amendments, Applicable Law, and Jurisdiction

20.1. The contract will last for the duration of the contracted course.

20.2. Future amendments to these terms will not apply retroactively to contracts already confirmed.

20.3. The applicable law will be Spanish law.

20.4. The courts of Barcelona shall have jurisdiction over any dispute, unless the student is acting as a consumer with a residence in another European Union Member State, in which case the jurisdiction corresponding to their residence shall apply.