APEX Foundation

Terms & Conditions

SUMMARY:

We assist you in transacting business with exchange program providers

What we do:
  • Let you submit an application for a program
  • Process applications for program providers
  • Process payments for program providers
  • Run an informal network of former participants
  • Help you understand the programs and complete the applications
  • Help you have the right expectations of the programs
What we do not do:
  • We do not operate the programs, which means:
  • We do not arrange jobs, accommodation, or insurance
  • We do not set the conditions of the programs
  • We do not decide who is accepted, rejected, cancelled
  • We do not provide support during participation
What you can blame us for:
  • If we mess up your application or your payment.
What you can not blame us for:
  • If you are rejected from the program, or do not like your school, your job, or your accommodation abroad.
English only
  • Read the original English version. Translations are not official information
TERMS & CONDITIONS:

Welcome to the APEX International, LLC. website. This website is provided solely to assist aspiring participants of international educational and exchange programs in gathering information, determining the availability of the programs and related services, their own eligibility to apply, and for submitting legitimate applications for programs or otherwise transacting business with program providers.

By accessing or using this website in any manner, you agree to be bound by this agreement. Please read the agreement carefully. If you do not accept all of these terms and conditions, please do not use this website. Be sure to return to this page periodically to review the most current version of the agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the agreement without prior notice, and your continued access or use of this website and of services of APEX International, LLC. signifies your acceptance of the updated or modified agreement.

Use of the website

As a condition of your use of this website, you warrant that:

  • you are at least 18 years of age
  • you possess the legal authority to create a binding legal obligation
  • you will use this website in accordance with this agreement
  • you will only use this website to submit legitimate program applications for you or for another person for whom you are legally authorized to act
  • you will inform such other persons about the terms and conditions that apply to the program applications you have submitted on their behalf, including all rules and restrictions applicable thereto
  • all information supplied by you on this website is true, accurate, current and complete
  • and if you have an APEX International, LLC. account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this agreement.

APEX International, LLC.
  • APEX International, LLC. is a limited liability corporation registered in the state of Oklahoma, USA.
  • Registered address: 1504 Neptune Dr., Clinton OK 73601, USA.
  •  No program applications, checks for program-related payments, documents or any programs related materials will be accepted at this address or returned to the sender unless APEX International, L.L.C. specifically requested that any such materials are shipped.
The “APEX Foundation” brand
  • On January 31st, 2011, APEX International, LLC. took over all activities and online presence of APEX, o.p.s., a non-profit organization registered in Czech Republic.
  • APEX, o.p.s. used the brand “APEX Foundation” since 1992.
  • APEX International, LLC. will continue using the “APEX Foundation” brand for all activities taken over from APEX, o.p.s.
  • APEX International, LLC. is not a non-profit organization!
Independent Company
  • The word ‘APEX’ is a common English word and is a part of name of thousands of companies worldwide.
  • The word ‘APEX’ is even a name of a town (pictured) and of churches.
  • APEX International, LLC. is not a part of any other entity that also happens to have the word ‘APEX‘ in it’s name.
Program
  • For the purpose of these Terms & Conditions, the word “Program” means a collection of activities, rules, government permissions, visa-related services, and support services, related to participant’s stay in a country, of which the he or she is not a citizen or resident.
  • Examples of a program may include a language course, gaining practical work experience or training, volunteering, research, or general cultural exchange.
Program Provider
  • Program provider is a company that offers and operates a program, makes promises concerning the program, sets its own terms and conditions for participation and renders services, including support, to participants of the program.
  • APEX International, LLC. is not a provider of any of the programs available on this website.
  • Program providers may also be referred to as “program sponsors”.
  • Program providers and other suppliers of related travel, insurance, visa and similar services are independent companies. They are not agents, employees, or affiliates of APEX International, LLC.
Program Agreement
  • You enter into an agreement concerning the terms and conditions of your chosen program directly with the provider of your chosen program, during the application process.
  • Terms and conditions, additional to these Terms & Conditions that you are currently reading, will apply to you as a result of entering into such agreement.
  • Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any program provider with whom you elect to deal, including, but not limited to, paying all associated fees when due and complying with the program provider’s rules and restrictions.
  • APEX International, LLC. is not a party to such agreement, and it is not the provider of any of the programs shown on this website.
  • APEX International, LLC. is not liable for any act, failure to act, error, omission, representation, warranty, breach of contract or negligence committed by the program providers and/or other suppliers of related travel, insurance, visa and similar services for any personal injuries, death, property damage, or expenses resulting therefrom.
Program Rules

APEX International, LLC. does not create the rules governing the programs, including, but not limited to, rules governing eligibility for the program, acceptance into the program, program fees, payment terms, cancellation and refund conditions, deadlines and general timeline of the program, rules for behavior while participating in the program and grounds for involuntary cancellation.

Cooperators:
  • Cooperators of APEX International, LLC. are individuals, usually former participants of various international exchange programs.
  • If they are still full-time students, the term Student Cooperator may be used.
  • Cooperators of APEX International, LLC. share their experience from participating in international exchange and study programs, help aspiring participants have correct expectations of the program, the destination country, the inherent benefits and difficulties of international activities in general, and of their chosen program in particular, help alleviate their concerns, as well as tame unrealistically high expectations, help promote the idea and the benefits of participating in international programs, help aspiring applicants get into contact with other former and future participants to further expand the scope of the shared experiences, and help aspiring applicants complete the often complicated program applications, which the cooperators have previous general experience with.
  • In order to achieve these goals, cooperators may engage in activities ranging from informal discussions with their friends and schoolmates, to arranging meetings of aspiring applicants, to conducting lectures about their experiences, etc.
  • Most common example of a cooperator is an individual, who tells his or her friends that he or she participated in a program, that he or she had a great experience and encourages them to apply into the program in question too.
  • Cooperators o f APEX International, LLC. are not employees, or agents of APEX International, LLC. and the relation is completely informal.
  • Cooperators do not receive any formal training and their experience may be different from yours. You agree not to make APEX International, LLC. responsible for any information that was shared with you by a Cooperator of APEX International, LLC.
  • Cooperators of APEX International, LLC. are not authorized to make any promises, representations, enter into agreements, or accept obligations on behalf of APEX International, LLC. or the program providers.
  • Cooperators of APEX International, LLC. cooperators are not authorized to accept any front payments, fees, deposits, or any other kind of payment regardless of its form or amount, from applicants on behalf of APEX International, LLC. or any program provider.
Cooperator’s Benefits
  • Depending on the extent of their activities, cooperators may be compensated for their efforts.
  • Most common form of compensation is a discount towards the cooperator’s own participation in a program for which it is possible to apply through APEX International, LLC.
  • The compensation schedule may be set as a points system or in units of currency, and is described in a document separate from this agreement.
  • This arrangement does not create an employer-employee relation between APEX International, LLC. and the cooperator, and is more akin to benefits extended by supermarkets for signing up one’s friends to the supermarket’s buyer’s club.
Agents
  • Agents are individuals or corporations who resell programs available through APEX International, LLC.
  • Agents charge applicants gross fees and pay net fees to APEX International, LLC.
  • Agents are strictly required to guarantee that all applicants meet the programs’ eligibility requirements.
  • Agents are strictly required to make completely certain that all their customers applying for programs made available by APEX International, LLC. have read in full the program descriptions available on this website.
  • Agents are required to assure that program applications are complete, error-free and contain all required accompanying documents.
  • Agents shall not act on behalf of APEX International, LLC, or the program sponsors, including but not limited to making promises or entering into agreements.
  • No individual or corporation can become an APEX International, LLC.’s agent without APEX International, LLC.’s express written consent.
Services rendered by APEX International, LLC.
  • Organizing an informal international network of experienced former participants of the programs.
  • Operating web sites and social network pages aimed at sharing experience and knowledge between participants of the programs.
  • Writing articles and organizing lectures and seminars for participants of the programs.
  • Operating a website where aspiring participants can complete their applications for programs.
  • Conducting language tests, interviews and fact-verification as a part of the application process.
  • Processing submitted applications and program fees for the program providers.
  • Forwarding program applications, accompanying documentation, and the program fee payments, all processed, checked for completeness and meeting the program provider’s requirements, to the program providers.
  • No applications, documents, forms, completed tests, data or other materials shall be transferred to the program provider before full payment of all fees billed has been received by APEX International, L.L.C. In the case of payment by check, this means until the check cleared.
  • APEX International, LLC. may in some cases and at its sole discretion elect to provide limited support with initiating international payments and visa applications. This support is not generally available, can not be demanded and usually does not extend beyond sharing experience what should be entered in select fields in a visa application form.
Services explicitly not rendered by APEX International, LLC.
  • No services apart from those listed above are rendered by APEX International, LLC.
  • Solely in the interest of increasing the clarity and for emphasis, this paragraph list some of the most important services not rendered by APEX International, LLC., such as:
  • Any kind of support during the participation in the programs.
  • Acting as an intermediary between the participant and the program provider in the case of any complaint, dispute, disagreement, claim, or arbitration, or court proceedings, regardless of the subject matter.
  • Translation service between the language of the program provider and that of the participant, regardless of circumstances.
International Transfer of your Personal Data
  • By accepting these Terms & Conditions, You declare that:
  • You are entering your personal data into program application forms available through APEX International, LLC. specifically with your own intention of transferring said data to your chosen program provider.
  • You agree, that APEX International, LLC. only facilitates this transfer of data for you.
  • You understand that APEX International, LLC. isn’t the provider of your program and as such doesn’t make the decision which data you are required to enter in the program application and what the data will be used for.
  • You are aware that the program provider resides in country different than your country, and that the laws of the country where the program provider resides may offer weaker protection of your personal data than those of your home country.
  • You hereby expressly request and authorize APEX International, LLC. to transfer your personal data to the provider of our chosen program, regardless of which country the program provider resides in.
  • You hereby declare that you understand that APEX International, LLC. makes no representation and has no control over the use and handling of your data by the program provider and you expressly agree to hold APEX International, LLC. harmless for any use, misuse, act, failure to act, representation, breach or negligence of the parties your data was transferred to.
  • In some cases, APEX International, LLC. we may be requested or required by the embassy of your chosen destination country to prepare your visa application. In such a case, you agree that all the preceding arrangements regarding the transfer of your personal data to the provider of your chosen program, apply without change or limitation, also to the transfer of your personal data to the embassy of our intended destination country.
  • See Privacy Policy at http://www.apex-foundation.org/privacy-policy/ for information about handling your personal data entered elsewhere on this web site than in an application for a program.
Application processing
  • APEX International, LLC. processes applications for programs submitted by applicants and forwards them to program providers.
  • Application processing means making certain, that the applicant meets the basic eligibility requirements of his/her chosen program, the application for the program is completed in full, is completed in accordance with the program provider’s requirements, that all additional documents, certificates, or their copies are enclosed and meet the program providers requirements and that the application was delivered on, or before any application deadline that may be set by the program provider.
  • APEX International, LLC. may also be required by the program provider to conduct an interview with the applicant, verify references and other facst, and enclose a report about its findings with the processed application.
  • The provider of your chosen program may require that the results of your interview, document verification, or fact-checking are kept confidential and not shared with you. In the event you do not agree with such a requirement, you are unable to apply for such a program. If you wish to contest such a policy, address the provider of your chosen program directly.
Acceptance into programs
  • The decision whether an applicant is accepted for a program or not rests solely with the provider of that particular program.
  • You agree that you will not make APEX International, LLC. responsible for the program provider’s decision, regardless if you are accepted or rejected.
  • Advising applicants, who are obviously ineligible to participate, have a misled motivation for applying, or are otherwise unlikely to be accepted, not to proceed with their application, is a bona-fide effort to help them save time, and shall not be construed as making the decision about their acceptance by APEX International, LLC.
Application Processing Fee
  • Depending on the program, APEX International, LLC. may decide to charge an Application Processing Fee.
  • The purpose of the fee is to cover the costs of processing the application, conducting the interview, etc.
  • The Application Processing Fee is non-refundable, irrespective to the outcome of the application procedure, or other circumstances, such as visa refusal.
Program Fee
  • Your entire payment to for your chosen program may consist of elements called tuition, program fee, insurance payment, housing payment, or housing deposit, and the like.
  • Each of these elements may be subject to a different terms and conditions set by the program provider, or its suppliers, including, but not limited to different cancellation and refund policies.
  • Unless otherwise specified, for the purpose of this agreement, the entire amount paid by you in order to participate in your chosen program, is called Program Fee, regardless of what elements it consists of.
Program Fee processing
  • APEX International, LLC. collects and processes the Program Fee paid by the applicant and forwards it to the program provider.
  • Processing means making certain, that the amount paid is correct in respect to the chosen program, including any housing and board options, any seasonal discounts or surcharges, country of origin and other criteria affecting the total amount that has to be received by the program provider.
  • In addition, processing means making certain that also the payment method and payment date meets the program provider’s requirements.
  • APEX International, LLC. is not the final recipient of the Program Fee.
  • After APEX International, LLC. forwards the payment to the program provider, it no longer has the funds or the payment medium, such as a check, in it’s possession.
Unacceptable payments
  • Incomplete payment means that less than the full amount billed was received.
  • Unidentifiable payment means a payment which arrived from an account whose name doesn’t fully match the name of any person recently billed.
  • Incomplete or unidentifiable payments are returned to the sender, less $50 administrative fee. All transaction fees, such as those charged by banks, PayPal or other payment processors involved, are born by the sender of the unacceptable payment.
Cancellations & Refunds
  • Conditions for canceling from programs are set by the providers of these programs.
  • Cancellation & refund conditions are therefore different for each program.
  • Separate and different cancellation & refund conditions may exist for certain payments, such as accommodation or airport transfer.
  • Detailed cancellation & refund conditions description is a part of every program description.
  • Applicants are required to read the cancellation & refund conditions carefully, and advised not to proceed with payments of the program fee, unless they have clear understanding of their chosen program’s cancellation & refund conditions.
  • Under no circumstances, shall APEX International, LLC. issue a refund on behalf of any third party, such as the program provider, who is the actual final recipient of the fee in question.
  • You agree, that you will not make APEX International, LLC. a party in any controversy, dispute, disagreement, arbitration, or a lawsuit involving any other fee, than the APEX International, LLC. Application Processing Fee, and will instead pursue any such action directly against the party, who was the final recipient of the fee in question.
Miscellaneous Program-related costs

Program participant is always responsible for all costs related to application for the program, acceptance, participating in the program and and conclusion of the program, including, but not limited to, postage, courier shipments, telecommunication, fund transfer fees, insurance premiums, insurance deductibles, accident/sickness treatment-related costs regardless if insured or not, medical evacuation, travel to the site of interview, orientation, travel to the destination country and the site of the course or other program placement, travel to the site of a changed program placement should it become necessary, including room and board during such trip, any accommodation and food, any consular and government fees, and the cost of returning to his or her home country.

Interest in your experience
  • Any questions participants may be asked by APEX International, LLC. during their program participation, for example how they like the program, what interesting experiences they had so far, or what difficulties they faced and what they did to resolve them, are asked out of a genuine interest in such an experience of the participants, or to offer it as a source of knowledge to other existing or aspiring participants in the future/
  • Asking these questions does not mean, and shall not be construed as, taking over by APEX International, LLC. the responsibility of  program providers to operate the program, offering support service to participants of their programs, or as accepting responsibility for the experience in question by APEX International, LLC.
Insurance
  • Applicants may be required by their program provider to supply a proof of suitable insurance, or purchase an insurance arranged by their program provider.
  • APEX International, LLC. does not arrange, or sell any kind of insurance, and does not provide any kind of support related to any insurance, even if the participant purchased the insurance from the program provider and APEX International, LLC. processed the payment for such insurance.
Visas
  • You are fully responsible for obtaining any and all visas necessary for participating in your chosen program.
  • You are also fully responsible for obtaining all information necessary for submitting your visa application and for assembling your visa application file according to the requirements of the embassy or consulate where you are submitting your visa application.
  • APEX International, LLC. and the program providers are not, under any circumstances, responsible for the outcome of your visa application.
  • APEX International, LLC. and the program providers also are not, under any circumstances, responsible for any fees associated with your visa application, as well as any expenses, effort and time spent in association with your visa application, regardless if the visa was granted or denied to you.
Destination country permissions and registrations
  • You are fully responsible for obtaining all permissions and registrations that you may be required to obtain by the government of your destination country, or your chosen program’s provider.
  • Examples may include registering your place of residence with local authorities, tax registration, social security registration, and the like. These requirements are vastly different from country to country and from program to program.
  • APEX International, LLC. offers no support whatsoever with obtaining these registrations and permissions.
Taxes
  • APEX International, LLC. hereby declares that it is neither authorized, nor does it posses any formal knowledge, necessary for offering tax advisory services which might be used in the case when a program involves working in exchange for monetary compensation representing potentially taxable income.
  • Firmly believing that sharing knowledge and experience is generally beneficial, APEX International, LLC. may disseminate experience of other participants that concerns tax issues, or help obtain commonly needed forms.
  • Sharing such information shall not be construed as offering tax advisory services rendered by APEX International, LLC. and any such material, regardless of its form, is distributed without any guarantee of its accuracy, or fitness to a particular situation.
Links to third-party websites
  • This website may contain hyperlinks to websites operated by parties other than APEX International, LLC.
  • Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.
  • Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or association with their operators.
Travel-related Risks
  • Although most travel to international destinations is completed without incident, travel to certain destinations may involve greater risk than others.
  • APEX International, LLC. urges aspiring participants to review travel prohibitions, warnings, announcements and advisories issued by governments of their home countries, governments of their destination countries, and appropriate international bodies before embarking on their trip.
  • By making programs to particular destination available on this website, APEX International, LLC. does not claim, or warrant, that travel to such destination is advisable, or without risk, and is not liable for damages or losses that may result from travel to such destination.
Events beyond direct control of APEX International, LLC.
  • APEX International, LLC. have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control.
  • APEX International, LLC. have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
Pictures, Comments and other Submissions

We appreciate hearing from you. Please be aware that by submitting content to APEX International, L.L.C. by electronic mail, postings on APEX International, L.L.C.’s website, Facebook page or otherwise, including any program, course and placement reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant APEX International, LLC. a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.

You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the APEX International, LLC. website.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this website). You are prohibited from posting or transmitting to or from this website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any goods or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that APEX International, LLC. may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

If you do not agree to these terms and conditions, please do not provide us with any Submissions.

APEX International, LLC. policies with respect to claims by third parties that the content of the website or any other material published by APEX International, LLC., including the content of any Submissions, infringes the copyrights owned by said third party can be found at http://www.apex-foundation.org/copyright-infringement-complaint-policy/

Choice of Language

Any communication with APEX International, LLC., as well as any submissions, is accepted only in English. You further agree to using English in the case of any dispute, arbitration, or lawsuit. Automatic translation of this website, if made available therein, is intended primarily for internet search engines to make this web site easier to find by users around the world.

Choice of Law and Court

This agreement is governed by the laws of the State of Oklahoma, and You and APEX, International, LLC. have agreed that any dispute or lawsuit between You and APEX, International, LLC. will be resolved by a court in Custer County, Oklahoma, USA.

General

These Terms & Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between you and APEX International, LLC. with respect to this website and making your chosen program available to you and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and APEX International, LLC. with respect to this website and making your chosen program available to you.

Last revision:  January 23, 2012

APEX Foundation