AGREEMENT on the provision of foreign language learning services (Agreement of accession)
 
NATURAL PERSON - ENTREPRENEUR ALEKSYEVA TETYANA OLEKSANDRIVNA in the person of the director of the Raccoon School of Foreign Languages, hereinafter referred to as the "Executive", on the one hand,
and
natural person (P.I.B.)_______________________________________________________________ who, by his actions, has expressed his intention to join this Agreement on the provision of foreign language learning services (Accession Agreement), hereinafter referred to as  "Customer", on the other side, and hereinafter collectively referred to as  ;"Parties", and each separately - "Party", guided by Art. 634 of the Civil Code of Ukraine, concluded this Agreement on the provision of foreign language learning services (Accession Agreement), hereinafter referred to as the "Agreement", on the following:
1. GENERAL DEFINITION OF CONCEPTS
1.1 The student is the Customer or the person specified by the Customer in the Joining Application directly at the Contractor's premises.
1.2 Educational course – the form of provision by the Contractor of educational Services for learning a foreign language to the Student.
1.3 Program - agreed upon by the Parties, the order and volume of training services provided by the Contractor to the Customer.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the provision by the Contractor of educational services to the Student, aimed at increasing his level of foreign language proficiency, using communicative methods (hereinafter referred to as the "Services"), which the Customer undertakes to accept and pay for under the conditions and in the order specified in this Agreement.
2.2. The contract is considered concluded from the moment the Customer performs the actions provided for in clause 2.3. Agreement.
2.3. The Customer of Services accepts the Agreement after familiarizing himself with its conditions and the Rules of Training of the Contractor, which are set out in a publicly accessible place, by performing all of the following actions:
2.3.1. Acquaintance and consent to study at the School. 
2.3.2. Payment by the Customer for the Contractor's Services.
2.4. Foreign language learning services are provided to the Student in group or individual classes.
2.5. The contractor guarantees a structured training course, which is divided into levels depending on the level of language proficiency and correlated with the existing Table of Levels.
2.6. The maximum number of students in a group is 11 (eleven) people.
2.6.1. Subject to the consent of the teacher and all students of the group, 1 (one) more student may join the study in the group.
2.6.2. Groups with less than 3 (three) students may be closed or merged with other groups.
2.7. The specification of the Program (duration of 1 (one) level of study and the number of study hours), according to which the Services are provided, are indicated at the beginning of the academic year.
2.8. Individual classes are held according to the approved schedule. In case of being late for classes, tuition fees are not reimbursed and additional time is not allocated.
2.9. Cancellation of an individual lesson is possible only 1 (one) day before the beginning of the lesson. If the class is canceled in a shorter period of time, it is considered to have taken place and is subject to payment.
2.10. Classes begin with the first class on the schedule, and end with the last class on the schedule.
 
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The executor is obliged to:
3.1.1. to provide Services to the Student in the quality and to the extent established for the relevant Program in accordance with the terms of this Agreement;
3.1.2. involve qualified teachers in the process of providing Services;
3.1.3. conduct a test lesson of the Student before starting the provision of Services. On the basis of the conducted lesson, inform the Customer about the approximate level of the Student's foreign language proficiency and provide him with all the necessary information for obtaining the Services. Enrollment in groups is based on the results of the test lesson.
3.1.3.1. if the level of language knowledge does not match, transfer to another group is possible only during the first week of training.
3.1.4. ensure timely, according to the schedule and program, conducting individual and group classes with the Student;
3.1.5. at the end of the training of each level, conduct progressive testing, based on the results of which a decision is made to transfer the Student to the next level;
3.1.6. at the prior request of the Customer, in case of successful completion of the full Service Program by the Student, provide the Customer with the appropriate Certificate.
3.2 The contractor has the right to:
3.2.1 receive payment for the Services in accordance with the terms of this Agreement;
3.2.2 change teachers during the educational process without warning the Customer in accordance with the Contractor's methodology;
3.2.3. terminate the provision of Services to the Customer in case of violation of the terms of the Agreement. Restoration of the provision of Services is carried out after complete elimination of violations;
3.2.4. at any time deny the Student the Services if his behavior during classes does not allow the teacher to properly perform his duties, and the students to effectively perceive information. In this case, the money paid by the Customer for the provision of Services shall not be returned;
3.2.5. to change the time, days, format of training, having previously notified the Customer using electronic or telephone means;
3.2.6. at its own discretion, engage third parties to fulfill its obligations under this Agreement;
3.2.7. to provide the Student with premises, necessary materials and equipment for learning a foreign language;
3.2.8. independently form groups taking into account the level of knowledge of students, their age, availability of free classrooms, teachers and other factors;
3.2.9. in case of circumstances that make it impossible to conduct classes due to no fault of the Performer (circumstances of force majeure, public holidays, etc.), the missed class (one) will not be held additionally, but will be worked out due to the intensification of the educational process or in a group of the same level of training (if it exists) or at the Conversation Club on Fridays. 
3.2.10. to prematurely terminate this Agreement by notifying the Customer 7 (seven) calendar days in advance, using means of courier, postal, electronic, facsimile or telephone communication.
 
3.3. The customer is obliged to:
3.3.1. perform homework or monitor such performance in accordance with the Program for the provision of Services agreed with the Executor, in order to improve and consolidate the Services provided to the Student;
3.3.2. to observe and fulfill the Rules and conditions of conduct and training approved by the Contractor;
3.3.3. treat the Contractor's premises and inventory with care, and in case of material damage, compensate the Contractor for all caused damages in accordance with the procedure determined by the current legislation of Ukraine;
 
3.4. The customer has the right to:
3.4.1. to receive Services from the Contractor in quality and in the amount established for the relevant Program;
3.4.2. to receive advice from the Contractor on improving the implementation of the Services provided by the Contractor;
3.4.3. to receive the Certificate, which is provided by the Contractor to the Customer at his request in case of successful completion of the full Service Program by the Student;
3.4.4. change the time or days of training by prior agreement with the Contractor. Such changes may be accepted if the Contractor has the opportunity to ensure the provision of Services taking into account such changes;
3.4.5. to receive the necessary and reliable information about the Contractor, his mode of operation and the list of Services provided;
3.4.6. receive discounts in accordance with the loyalty system developed by the Contractor;
3.4.7.  prematurely terminate this Agreement by notifying the Contractor 7 (seven) days in advance using courier, postal, electronic, facsimile or telephone means, or by personal submission.
 
4. COST OF SERVICES AND PROCEDURE OF CALCULATIONS
4.1. Foreign language learning services are provided to the Customer on a pre-paid basis in accordance with the prices approved by the Contractor. The cost of study aids is not included in the tuition fee.
4.2. The amount to be paid for the Services is specified in the invoice generated by the Contractor.
4.3. Payment for Services is made in the national currency of Ukraine - hryvnia, in cash or non-cash form, by transferring funds from the Customer to the Contractor's current account. 
4.4. Services paid for by the Customer are provided only within the current level of training and cannot be transferred to subsequent levels.
4.5. If the Student misses classes for any reason, the money paid to the Customer will not be returned;
4.6. If the Student is late for class, tuition fees are not reimbursed, and additional time is not allocated.
4.7. Full refund of paid funds is carried out at the Customer's request under the conditions if no more than 7 (seven) calendar days have passed since the start of the Student's studies and the Customer has given motivated reasons for canceling the course in writing.
4.8. In the event that the Customer cannot continue training due to unforeseen circumstances, the Contractor may return the funds after deducting the cost of the hours of Services received (at full cost, without received discounts).
4.9. Refund of funds provided for in clause 4.8. and 4.9. of the Agreement, takes place only if there is a written statement, documentary confirmation of the occurrence of unforeseen circumstances, provided for in clause 4.9. Agreement and the Customer's passport.
4.10. In all other cases, paid and unused funds of the Customer are not returned and are used by the Contractor to perform statutory tasks.
 
5. LIABILITY OF THE PARTIES
5.1. In case of violation of the obligations arising from this Agreement, the guilty Party bears the responsibility defined by this Agreement and the current legislation of Ukraine.
5.1.1. A violation of the Agreement is its non-fulfillment or improper fulfillment, that is, fulfillment in violation of the conditions defined by the content of this Agreement.
5.2. For violation of the terms of payment for the provided services, the Customer shall pay the cost of the monthly subscription and also a penalty in the amount of 300 (three hundred) hryvnias. 
5.3. Payment of fines does not release the Customer from the proper fulfillment of the obligations assumed under this Agreement.
 
6. RESOLUTION OF DISPUTES
6.1. All disputes arising from this Agreement or related to it shall be resolved through negotiations between the Parties.
6.2. If the relevant dispute cannot be resolved through negotiations, it is resolved in a court of law according to the established jurisdiction and jurisdiction of such a dispute in accordance with the current legislation of Ukraine.
 
7. CIRCUMSTANCES OF FORCE MAJEURE
7.1. In the event of the occurrence of force majeure circumstances, that is, circumstances that arose and operate independently of the will of the Parties and which the Party could not objectively foresee and prevent, if these circumstances prevent the Party from properly fulfilling its obligations under this Agreement, the term for the Party to fulfill its obligations obligations under this Agreement are extended for the period of force majeure, but not more than 6 (six) months.
7.2. Circumstances of force majeure include wars and other military operations, earthquakes, floods and other natural disasters, the adoption of regulatory legal acts by state authorities and local self-government bodies, and other similar circumstances that prevent the Parties from properly fulfilling their obligations under this Agreement.
7.3. The Party that is unable to properly fulfill its obligations under this Agreement as a result of force majeure is obliged to notify the other Party in writing of the occurrence of the specified circumstances and of the expected term of their validity within 10 (ten) calendar days from the moment of their occurrence. (with the addition of evidence of the existence of the following circumstances: a document issued by the Chamber of Commerce and Industry of Ukraine or another competent body).
7.4. If the circumstances of force majeure or their consequences continue for more than 6 (six) months, the Parties, on the basis of mutual negotiations, decide to terminate this Agreement.
 
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Taking into account the provisions of this Agreement, the Civil Code of Ukraine, the Laws of Ukraine "On Copyright and Related Rights", "On Information", the Parties have agreed that all educational materials that will be used for the purpose of implementing this Agreement are protected by copyright, as well as that , that all and any exclusive property rights, including those specified in Article 424 of the Civil Code of Ukraine, to intellectual property (copyright) objects, on all objects of intellectual property, provided during the implementation of this Agreement by the Contractor, from the moment creation of such objects in full belongs to the Executor.
8.2. The customer has the right to use the materials exclusively for the purposes of fulfilling this Agreement. At the same time, intellectual property rights to educational materials remain with the Performer. Nothing in this Agreement shall be construed as a transfer by the Contractor of any intellectual property rights to educational materials and/or permission to use such educational materials for purposes other than those specified in the Agreement.
8.3. During classes, students are prohibited from using mobile phones and other means of communication if they are not used for educational purposes.
 
9. DURATION OF THE AGREEMENT
9.1. The contract is considered concluded from the moment the Customer performs the actions provided for in clause 2.3. of the Agreement and is valid until the completion of the provision of Services under the relevant Program or in other cases stipulated by this Agreement.
9.2. In the event that after the termination of this Agreement between the Parties or its termination, a final settlement has not been made, then the termination or termination of this Agreement is not a reason for the Parties to refuse to conduct a final settlement.
 
10. FINAL PROVISIONS
10.1. This Agreement is an accession agreement within the meaning of Art. 634 of the Civil Code of Ukraine.
10.2. The Contractor has the right to make changes and additions to the Agreement by posting a new version of the Agreement.
10.3. The new version of the Agreement will enter into force for the Parties after 3 (three) days from the date of its approval by the Contractor.
10.4. By signing this Agreement, the Customer gives the Contractor consent to the processing of his personal data in accordance with the procedure established by Art. 7 of the Law of Ukraine "On the Protection of Personal Data", and also gives the right to include their personal data in the single electronic database of listeners (students) of the Performer.
10.5. By signing this Agreement, the Customer gives the Contractor consent in accordance with Art. Art. 307, 308 of the Civil Code of Ukraine on the fact that the Student may be photographed, filmed, televised or videotaped. Photographs, other works of art depicting the Student may be publicly displayed, reproduced, distributed by the Artist for advertising, educational and other purposes. At the same time, all copyright and related rights to the received photo and video materials in any form and on any media belong to the Performer and cannot be used without his consent. If the Customer objects to the use of the student's images on the specified materials, he must notify the Contractor's administrator in writing, filling out the relevant Application in 2 copies, one for the Parties.

11. DETAILS OF THE PERFORMER
Legal address: Ukraine, Kyiv, str. Shovkunenko, building 6, office 202-204
P/r UA72 322001 00000 26006310011562
in "Monobank"
FOP Alekseeva Tetyana Oleksandrivna
Identification code 3378214561
01024 Kyiv, str. Pushkinska, bldg. 45/2, sq. 10

Tel.+38 098 482 2324

www.raccoonenglishschool.com