Contract-Offer of providing auxiliary educational services in the study of foreign languages.

Subject of the Contract

1.1 The Contractor undertakes to provide educational services, and the Client undertakes to accept and pay for these educational services.

1.2 Educational services for learning foreign languages are provided by the Contractor within the framework of the course chosen by the Client on the basis of the information placed on the Contractor’s website – www.ecole.kiev.ua.

1.3 The Contractor’s website contains information about each individual course, namely: the total duration of the course, the number of classes and their duration, the schedule of classes, the maximum number of people in the study group, the cost and the like.

1.4 Prior to the commencement of the provision of services under the Contract, the Parties undertake to jointly agree on the schedule of classes. The total duration of the course may be changed by agreement of the Parties by signing an Additional Agreement to the Contract.

1.5 Fulfillment of the Agreement in terms of conducting foreign language classes may be entrusted to the third parties attracted by the Contractor – qualified teachers, in this case the responsibility for violation of the Agreement in case of involvement of third parties in the provision of services remains with the Contractor.

1.6 Educational services are provided in a group or individually.

Rules of joining the Agreement

2.1 Adherence to the Agreement and agreement with all its terms and conditions takes place by paying for the educational services specified in the confirmation letter on enrollment in training, specifying the details of training, as well as details for payment.

2.2 The confirmation letter is received on the Customer’s e-mail and contains:

The Party’s intention to join this Agreement;
agreement to all its terms and conditions;
the title, level, total duration and cost of the selected training course;
the schedule of the training course;
amount and terms of payment.
Conditions of enrollment for training
3.1 Enrollment in the group of the chosen training direction is carried out on condition that the Customer pays for educational services according to the terms of Section 6 “Terms of Acceptance and Payment for Services” of this Agreement.

Rights of the Parties

4.1 The Contractor has the right:

4.1.1 Draw up a curriculum and adjust it in terms of changing the scope of the program, the order of its study within the limits provided by the methodological recommendations to the manuals of international publishers used in the training process.

4.1.2 Perform preliminary testing of the Customer, as well as periodic attestations of knowledge obtained during the training under the selected program.

4.1.3 Adjust the schedule of classes:

set the Customer’s attendance schedule for the selected course;
to change the schedule of the Customer’s attendance by prior agreement of both Parties in case of impossibility to conduct classes according to the schedule.

4.1.4 Replace the teacher during the term of this Agreement with a specialist of similar qualification in case it is impossible to continue providing educational services with the involvement of the person who previously conducted the classes.

4.1.5 Make a decision on disbanding the group if there are less than 4 people in it who continue to fulfill the conditions of the Contract. Under such condition, the Contractor shall

4.1.5 Decide to disband the group if there are less than 4 persons who continue to fulfill the conditions of the Contract. Under this condition, the Contractor is obliged to offer the Customer a transfer to another training group of similar level of knowledge and training. If the Customer cannot be transferred to another training group, the Executor is obliged to return the funds for the unperformed classes.

4.1.6 Exercise other rights provided by the current legislation of Ukraine.

4.2 The Customer has the right:

4.2.1 Receive educational services in time and in quality.

4.2.2 Receive from the Contractor full information about the organization and performance of educational services.

4.2.3 Receive a school certificate of course completion in case of successful passing of the final test.

4.2.4 Exercise other rights and obligations provided by the current legislation of Ukraine.
Obligations of the Parties

5.1 The Contractor is obliged to:

5.1.1 Create proper conditions for the provision of educational services, namely:

Provide the Customer with information on time regarding the organization and conduct of classes within the framework of educational services;
appoint an experienced teacher to conduct classes;
provide the Customer with necessary literature on a paid or free basis.
5.1.2 Familiarize the Customer with the Rules of Training.

5.2 The Customer shall:

5.2.1 Accept and timely pay for the service according to the terms of Section 6 “Terms of Acceptance and Payment for Services” of this Agreement.

5.2.2.2 Notify the Contractor in time about missing classes.

5.2.3 Observe the Rules of Training.

5.2.4 Not to copy, not to alienate and not to distribute the materials transferred to the Customer by the Executor for temporary gratuitous use.

5.2.5 In case of impossibility to attend the course for any reasons the Customer is obliged to warn the Executor by e-mail to the e-mail specified on the Executor’s website. The terms of termination of the Agreement are set out in par. 7.6. Agreement. The Contract is considered to be terminated from the moment of receipt by the Contractor of the corresponding e-mail.

Terms of acceptance and payment for services

6.1 Payment for the services shall be made at the prices specified on the Contractor’s website. All expenses on transfer of funds for the provided services under this Agreement shall be paid by the Customer.

6.2 The amount payable for the Services is determined in the confirmation letter sent by the Executor.

6.3 The Client undertakes to pay for the services within five working days from the moment of receipt of the confirmation letter, but not later than the terms specified in it for the corresponding payment.

6.4 If the Customer is unable to attend the training, it is possible to freeze the balance and use it within one calendar year from the date of termination of the training. The Customer is obliged to notify the Contractor by e-mail to the Contractor’s official e-mail contact@ecole.kiev.ua.

6.5 In case the Customer misses the training for any reason, the paid funds are not returned to the Customer.

6.6 Refund of the paid funds in full, minus the payment for the attended classes, is made at the Customer’s request, provided that not more than 10 (ten) calendar days have passed from the beginning of the Customer’s training.

The refund is made on the basis of an arbitrary application from the Customer. The application can be submitted to the Contractor directly or by sending it to the e-mail contact@ecole.kiev.ua.

Term of the Agreement, procedure and grounds for amendments or termination of the Agreement

7.1 This Agreement shall come into force after the Customer has fully complied with Section 3 of this Agreement and shall terminate at the moment of completion of the last session of the training course.

7.2 The terms and conditions of the Contract may be changed by agreement of the Parties by signing an Additional Agreement to the Contract.

7.3 The Contractor has the right to terminate the Agreement unilaterally if the Client fails to fulfill or violates cl. 6.3 and the requirements of Section 6 “Terms of Acceptance and Payment for Services” of this Agreement. Termination of the Contract on the said basis does not release the Customer from liability for non-fulfillment or breach of obligations under the Contract.

7.4 The Contractor has the right to terminate the Contract unilaterally in case of impossibility to continue its fulfillment on the basis defined in clause 4.1.5 of the Contract or in case of systematic violation of the Rules of Training by the Customer

7.5 The Customer has the right to terminate the Agreement unilaterally due to the inability to attend the course for any reason or in case the services, due to their characteristics or other circumstances, do not satisfy the interests of the Customer.

7.6 In case of early termination of the Agreement by the Customer, the paid money will not be returned to the Customer.

Confidentiality

8.1 By signing this Agreement, the Contractor and the teachers involved in the provision of services undertake not to disclose to third parties confidential information and information that may become known to the Contractor in the performance of the terms of this Agreement.

8.2 By signing this Agreement, the Client gives his/her consent/authorization to the processing of Personal Data (any information concerning the Client, including but not limited to information about his/her surname, first name, patronymic, passport data, identification code, date and place of birth, citizenship, address of residence and registration, marital, social, property status, education, profession, income, contact phone numbers, e-mail address, etc.). (hereinafter referred to as “Personal Data”) by the Contractor and the teachers involved in the provision of educational services.

8.3 The Contractor and the teachers involved in the provision of educational services undertake to ensure the appropriate level of their protection and prevention of disclosure in accordance with the requirements of the current legislation of Ukraine.

Disputes and responsibility of the Parties

9.1 Disputes arising between the Parties shall be resolved through negotiations, in case of failure to reach an agreement – in accordance with the procedure established by the current legislation of Ukraine.

9.2 When resolving issues not regulated by this Agreement, the norms of the current legislation of Ukraine shall be applied.

9.3 In case of non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties shall be liable under the current legislation of Ukraine.

Force Majeure

10.1 The Parties shall be released from liability for partial or full non-fulfillment of obligations under this Agreement, if such non-fulfillment was caused by force majeure circumstances. Force majeure circumstances shall mean circumstances of extraordinary events that occurred after signing of this Contract and which the Parties could neither foresee nor prevent by ordinary means. Such force majeure circumstances include floods, fires, earthquakes and other natural phenomena, as well as military actions, any decisions of governmental and administrative authorities, as well as any other circumstances that lie beyond the control of the Parties and directly prevent the fulfillment of this Agreement.

10.2 In case of non-fulfillment or partial fulfillment of obligations under this Agreement as a result of force majeure circumstances, the Party subjected to such circumstances shall immediately send a written notice to the other Party within 5 (five) calendar days from the date of occurrence of such circumstances.

10.3 When the said circumstances have come to an end, one Party shall be obliged to give written notice thereof to the other Party under any circumstances within 5 (five) calendar days from the date of termination of the circumstances. The notice shall specify the time from which the Party proposes to continue fulfillment of its obligations under the Contract.

10.4 A document issued by the Chamber of Commerce and Industry of Ukraine (respective regional chamber) shall be sufficient proof of force majeure.

10.5 If the said circumstances continue for more than 30 (thirty) calendar days, each Party shall have the right to terminate this Agreement unilaterally by sending a written notice to the other Party. Such notice shall be sent by the Party that intends to terminate the Contract to the other Party in writing at least 10 calendar days prior to the expected date of termination of the Contract. In such case, the Contractor shall return to the Customer the transferred prepayment, except for the cost of actually rendered services, in the order stipulated by the Parties.
Final provisions

11.1 The Contractor has the right to amend the Contract unilaterally by posting the new edition on the Contractor’s website. The changes shall come into force from the next day after posting on the Contractor’s website.

Contractor’s data
Individual entrepreneur “Viksman Mariia Evgenievna” (code 3526403729) or other involved third parties.
In case of involvement of third parties, the Individual entrepreneur “Viksman Mariia Evgenievna” acts as an intermediary on a gratuitous basis.

The edition is valid as of 27.04.2024