The contract
PUBLIC OFFER
of rendering distant learning services
1.Terms and definitions.
1.1. An agreement is a document as well as all the applications, alterations and additions executed and announced to the Client in accordance with the terms of the given document. The given document is a public offer. Any reference in the given public offer to the Agreement or a point of the Agreement means the corresponding reference to the given public offer or its point.
1.2. In the given document the Executive and the Client are individually called a Party, and Parties together.
1.3. Distant learning is rendering foreign languages teaching services to individual persons by means of the Internet, voice communication channels, stationary or mobile phones.
1.4. A lesson is a process of individual Distant learning of the Client during 30 (thirty) minutes.
1.5. A packet of lessons - 5 (five), 10 (ten) or 20 (twenty) lessons paid by the Client at a time which allows the Client to get a discount for one lesson.
1.6. Services – Distant learning services rendered by the Executive in accordance with the lessons schedule and the terms of the given document.
1.7. Web-site – the Internet site of the Executive that has the address http://polyglot-online.com, where the Client can agree with the given offer when he registers there, having marked the point «Agree with the terms of the Agreement», and where the Parties can exchange legal and technical significant information concerning the execution of the Agreement (including news, service tariffs, etc.).
2. General points. The acceptance of the offer.
2.1. In accordance with the point 437 of the Civil code of the Russian Federation the given document addressed to individual persons is official, public and irrevocable offer of the Executive to make an Agreement of rendering foreign languages Distant learning services with any Client on the terms indicated below.
2.2. The given public offer is constantly accessible on Web-site.
2.3. The entire and unconditional acceptance of the given public offer is the agreement with its terms by putting a tick in the unit «Agree with the terms of the Agreement».
2.4. The acceptance of the offer means that the Client agrees with all the points of the given offer, and it is equivalent to making an Agreement of rendering foreign languages Distant learning services.
2.5. The period of validity of the given offer is unlimited and may be ceased since the moment the offer is publicly revoked by the Executive.
3. The subject of the Agreement.
3.1. The Executive is obliged to render services to the Client.
3.2. The Client is obliged to pay for the Executive’s service rendering in compliance with the terms and the order of the Agreement.
3.3. The lessons schedule is adjusted by both Parties and it is an application to the given Agreement.
3.4. In the text of the given offer any time is indicated and must be understood by the Parties with regard to the time zone GMT + 03:00 Moscow, St. Petersburg.
4. Obligations and rights of the Executive.
4.1. In accordance with the given Agreement the Executive is obliged:
4.1.1. On receiving the payment for the services to adjust the lessons schedule made up in the form of an application to the given Agreement (by e-mail or by voice communication channels).
4.1.2. To render services to the Client properly according with the terms adjusted by both Parties and mentioned in the Applications to the given Agreement.
4.1.3. To show respect to the individuality of the Client.
4.1.4. To make up for missed lessons caused by the Executive.
4.2. In accordance with the Agreement the Executive has the right:
4.2.1. To render services to the Client personally or with the help of the third persons.
4.2.2. To demand entire and on-time payment from the Client.
4.2.3. Not to render services in case of lack of payment or in case the Client has broken any other terms of the Agreement.
4.2.4. To change the terms of the given offer, the cost of lessons and the lesson packets, the order and terms of payment unilaterally, with a preliminary notice of the Client not less than 10 (ten) days before the introduction of the alterations, by means of the announcement on Web-site.
4.2.5. To operate with Web-site technical optimization that may cause its temporary nonoperability.
4.2.6. To look through the data on Web-site received from the Client during the registration.
4.2.7. To offer new types of Distant learning services to the Client by placing news at Web-site.
5. Obligations and rights of the Client.
5.1. In accordance with the given Agreement the Client is obliged:
5.1.1. To pay for the services rendered by the Executive entirely and on time in the order mentioned in the Agreement.
5.1.2. To provide the serviceableness and operability of his/her equipment used for the connection with the Executive and for the service acceptance, to pay independently for all the services of the third persons or other organizations which directly or indirectly enable service receiving (the Internet, telephone communication, electricity, etc.).
5.1.3. To assist the Executive, present documents and data which are necessary for rendering the services properly.
5.2. In accordance with the Agreement the Client has the right:
5.2.1. To receive the services from the Executive in compliance with the terms of the given offer.
5.2.2. To dissolve the Agreement unilaterally in case the Executive has not begun rendering the services during 10 (ten) days after the lessons schedule has been adjusted.
5.2.3. To put off 1 (one) lesson during one calendar month in case the Client orders a packet of 10 (ten) lessons and he/she has no payment debts.
5.2.4. To put off 3 (three) lessons during one calendar month in case the Client orders a packet of 20 (twenty) lessons and he/she has no payment debts.
6. The order of giving and putting off lessons.
6.1. After the Client has registered on Web-site and has paid for the services of the Executive the Parties adjust the lessons schedule (by means of e-mail or voice communication channel), the quantity of lessons, date and time indicated.
6.2. The Executive connects with the Client at the appointed time.
6.3. In case the Client was not available at the appointed time (Skype or the telephone were off, unavailable, or the call was not accepted), the tutor will try to get through during 5 (five) minutes. In case they are not connected, the lesson is considered to be missed through the Client’s fault.
6.4. If the Client waited for the lesson appointed in accordance with the schedule (the telephone was on, available, Skype was also on), and the tutor did not ring him/her up at the appointed time, the Client is obliged to inform the Executive immediately. In this case the lesson is considered to be missed through the Executive’s fault.
6.5. The methods and the form of studying are determined by the Executive.
6.6. The lesson represents a dialogue (the discussion of a certain theme, setting questions, correction of the answers, etc., learning slang words, idioms, etc.).
7. The order of payment.
7.1. The cost of services is indicated in the tariffs confirmed by the Executive, the tariffs being available on Web-site.
7.2. The Client is obliged to make a full preliminary payment -100% (one hundred per cent) for the Executive’s services by bank transfer onto the Executive’s account during no more than 3 (three) working days since the Agreement has been signed.
7.3. The cost of services may be changed by the Executive if the Client wants to be taught by means of his/her mobile phone. In this case the cost of one lesson is increased under the agreement of the Parties depending on the country the Client lives in and on international communication tariffs.
7.4. The cost of services may be changed under the agreement of the Parties in case the Client wants to have lessons at the time that is different from the time zone mentioned in point 3.4 of the given Agreement.
7.5. The cost of services may be changed under the Parties’ agreement if the Client wants to buy an individual packet of more than 20 (twenty) lessons.
7.6. The money for the lessons which were not used is to be returned on demand of the Client. In this case he/she sends a written request to the Executive by e-mail. These may be lessons which were not held through the Executive’s fault (point 6.5. of the given Agreement), or lessons which were not held in case the Client has refused the Agreement.
7.7. The money for the lessons which were not used is to be returned to the Client and is to be calculated by the following formula: the cost of the lessons paid minus the quantity of the lessons held, multiplied by the cost of one lesson indicated in the tariff on Web-site.
7.7.1. If the Client uses a mobile phone, the money for the lessons which were not used that is to be returned to the Client, is calculated by the following formula: the cost of a packet of lessons paid by the Client minus the quantity of the lessons held, multiplied by the cost of one lesson taking into account the mobile communication.
7.8. The money for the lessons which were not held through the Client’s fault (point 6.4 of the given Agreement) is not to be returned by the Executive.
8. The responsibility of the Parties.
8.1. The Executive does not respond:
8.1.1. If the communication equipment of the Client does not work properly.
8.1.2. If the usage of the lessons is impossible as the result of any errors, misses, work break, file deletion, function changes, defects, work delays, etc. which took place not through the Executive’s fault.
8.1.3. In case of the Internet outage of the providers of any Party, the outage of Skype or communication operators of any Party.
9. Force Majeure.
9.1. The Parties are released from the responsibility for a partial or full non-compliance of their duties under the Agreement in case of emergency or any unavoidable circumstances (force majeure).
9.2. Force Majeure circumstances are events that cannot be influenced by the Parties and cannot be responded for (military actions, civil wars, epidemics, floods, earthquakes, fires, hurricanes, acts and regulations of the governmental authorities which make it impossible to satisfy the Agreement).
9.3. The Party that refers to force majeure is obliged to inform the other Party immediately since the moment these circumstances have taken place. The terms of the discharge of the obligations under the Agreement is to be put off adequately to the time during which these circumstances took place.
9.4. On the cessation of these circumstances the Party is obliged to inform the other Party immediately in written form. The Party must indicate the supposed terms of the fulfillment of the obligations under the Agreement. If the Party does not send a notification or sends it untimely, the Party is obliged to pay the damages caused by the lack of the notification or the delayed notification.
9.5. If the circumstances stipulated by the given point last more than 3 (three) months, the Parties must come to terms as far as the Agreement is concerned.
If the Parties have not come to terms, the Party that does not have the force majeure circumstances has the right to cancel the Agreement by sending a written notification to other Party.
10. Problem solution.
10.1. All the disputes and arguments between the Parties which have no solution in the text of the given Agreement are to be solved by means of negotiations.
10.2. It is stated by the Parties that all possible claims under the Agreement are to be considered by the Parties during 15 (fifteen) days since the moment the claim has been made.
10.3. If the the problem cannot be solved by means of negotiations, the problem is to be regarded in the court on the basis of the law of the Russian Federation at the place of the respondent’s location in the order regarded by the legislation of the Russian Federation.
10.4. The Parties agree that the regulations of the procedural law of the Russian Federation would be applied in the proceeding.
10.5. The Parties agree that there would be applied the law of substance of the Russian Federation to solve their problem.
10.6. The Parties are obliged to execute the judicial decision in time stipulated in the decision.
11. The validity of the Agreement.
11.1. The Agreement comes into effect since the day the acceptance of the given public offer has been made by the Client, and the Agreement is considered to be made till the Parties have met their engagements under the Agreement.
11.2. The Agreement may be dissolved before the appointed time unilaterally by any Party on condition that the Party has informed the other Party beforehand in written form not less than 10 (ten) calendar days before this by one of the ways stipulated by the given Agreement.
11.3. The validity of the Agreement may be ceased in the case stipulated in point 4.2.4 of the Agreement. The suspension or the cessation of the Agreement does not release the Client from the payment obligations as well as from the responsibility stipulated by the Agreement.
11.4. The validity of the Agreement is ceased if it is technically impossible to render services in case the Client has no Internet channel networked, Internet telephony Skype or any other means of communication mentioned in the Agreement.
12.The language of the Agreement.
12.1. The given public offer is drawn up in the English and Russian languages.
12.2. In case of discrepancy or lack of coincidence as far as the meaning content of terms is concerned, the text of the given offer drawn up in Russian have the advantage.
13. Final points.
13.1. Only the alterations and additions which are mutually agreed are considered to be real and obligatory.
13.2. The Parties are obliged not to divulge confidential information (that is technical, commercial or financial information that concerns mutual relationship between the Parties expressly or by implication, the information that is not published or that is not passed for free access and that the Parties came to know during the discharge of the Agreement or during the preliminary negotiations).
13.3. The Party that has changed the address, telephone number or essential elements is obliged to inform the other Party during 2 (two) working days. Otherwise all the documents sent to the old essential elements (addresses) are considered to be received.
13.4. The Parties will be governed by the legislation of the Russian Federation as far as the points that are not mentioned in this Agreement are concerned.
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