Public offer for the provision of distance learning services in foreign languages
Yerevan, Armenia. July 8th 2023.
This Agreement (hereinafter referred to as the Agreement) refers to the site Individual entrepreneur O'Connor Olga Igorevna (Registry 271.110.1240319 dated May 27, 2022, TIN 01323572, registered at the address: 0038, Yerevan, Shinararneri str., 15/1, apt. 95), located at https://masterlingua.pro
The Contractor and the Client, collectively referred to as the "Parties", have entered into this agreement (hereinafter referred to as the "Agreement") as follows.
1. Offer acceptance
1.2. Acceptance (acceptance) of the offer - payment for the ordered services by making an advance payment in the manner determined by this Agreement and the use of the Contractor's Services.
1.3. The Customer's acceptance of this Agreement means that the user fully agrees with all the provisions of this Agreement.
1.4. From the moment of acceptance by the Client, this Agreement is considered concluded. In confirmation of the conclusion of this Agreement and in the course of its execution, the Client receives information letters to the e-mail specified by the Client to the Contractor during registration.
1.5. This Agreement comes into force from the moment of its conclusion and is valid until the Parties fulfil their obligations under it, unless otherwise provided by this Agreement and the legislation of Armenia.
2. Subject of the agreement
2.1. In accordance with this agreement, the Contractor undertakes to provide the Client with services for conducting distance learning in a foreign language, and the Client undertakes to accept these services and pay for them in accordance with the conditions provided for in this Agreement.
2.2. The number of classes held in accordance with this Agreement is determined by the number of classes paid by the Client.
3. Rights and obligations of the parties
3.1. The Contractor undertakes:
3.1.1. Provide the Services to the Client in the proper manner in accordance with the terms of this Agreement within the terms agreed by the Parties.
3.1.2. Not to disclose confidential information and data provided by the Client in connection with the execution of this Agreement, not to disclose or disclose such facts or such information (except for information of a public nature) to any third party without the prior written agreement of the Client.
3.2. The Contractor has the right:
3.2.1. Use the services of any individuals and legal entities for the purpose of timely and high-quality fulfilment of obligations under the Agreement.
3.2.2. Demand from the Client timely payment of the cost of the Services in accordance with the terms of this Agreement.
3.2.3. The Contractor has the right to record audio and video lessons in order to control the quality of training by the relevant department of the school.
3.2.4. Use the email address, phone number that was used by the Client during registration to send the Client information and advertising materials sent to inform the Client about the activities of the Contractor and the progress of the Agreement. In the absence of a written or verbal refusal of the Client to receive these materials sent to the Contractor, consent to receive this type of materials is considered confirmed.
3.2.5. Refuse the Client in the provision and renewal of services without explaining the reasons for the refusal.
3.3. The Client undertakes:
3.3.1. Provide the Contractor with all the information and data specified in clause 3.2.4 necessary to fulfil its obligations under this Agreement.
3.3.2. Not to disclose confidential information and other data provided by the Contractor in connection with the execution of this Agreement, not to disclose or disclose such facts or information (except for public information) to any third party without the prior written consent of the Contractor.
3.4. The client has the right to:
3.4.1. Require the Contractor to fulfil his obligations under this Agreement and its Appendices on time and with proper quality. The lesson is considered to be conducted properly if, within 1 (one) hour from the moment of its holding, the Customer does not inform the Contractor that it did not take place through the fault of the Teacher.
3.4.2. Refuse to fulfil the terms of this Agreement in the event that the Contractor has not begun to fulfil its obligations under this Agreement.
4. Transferring classes and not showing up for classes.
4.1. The transfer or cancellation of classes by the Client can be carried out no later than 10 (Ten) hours before the start of the class. Failure to comply with the specified term is equivalent to the Client's failure to appear at the lesson.
4.2. The teacher has the right to postpone classes (in case of illness and for other valid reasons), notifying the Client about this at least 24 hours in advance. If the Client believes that the Teacher reschedules classes too often, the Client has the right to contact the Contractor with a request to change the Teacher.
4.3. If at the set time the Client is not available to call the Teacher, the Teacher repeats attempts to contact the Client (at least three times). In this case, the start time of the lesson is the time of the lesson set in the lesson schedule. If, as a result of the above procedures, it is not possible to contact the Client, the lesson is considered completed and is paid in the amount of 100%.
4.4. If at the set start time of classes plus 5 (Five) minutes the Client does not receive a call from the Teacher, he is obliged to immediately contact the Contractor in the manner provided for in paragraph 6 of this Agreement. Classes that did not take place through the fault of the Teacher are postponed in full to another time convenient for the Client.
4.5. The Contractor is not responsible for the failure to provide the service due to the Client's lack of the necessary software or technical problems with the Internet.
4.5.1. Minimum system requirements:
- Operating system: Windows 7/8 / 8.1 / 10/11, Mac OS X 10.9, 10.10, 10.11;
- Installed Internet browser Google Chrome of the latest stable user version with enabled;
- RAM: from 2 GB and above, processor: 2 core processor from 1.8 GHz;
- The presence of a microphone;
- Internet connection from 1 Mbps.
4.5.2. Recommended system requirements:
- Operating system: Windows 8 / 8.1 / 10/11, Mac OS X 10.10, 10.11;
- Installed Internet browser Google Chrome of the latest stable user version with enabled;
- RAM: from 4 GB and above; · Processor: 2 core processor from 2.2 GHz;
- The presence of a microphone and video camera;
- Internet connection from 35 Mbit / sec.
5. Procedure for sending messages
5.1. In order to inform about the transfer of classes, you must:
5.1.1. send a message or an email to any messenger of the Teacher or Client, depending on who is postponing the lesson;
5.1.2. or inform the Contractor about the transfer of the lesson by phone.
5.2. Phone notifications about rescheduling classes are accepted only during business hours. Postponed messages sent at other times are considered not accepted.
5.3. In order to inform about an increase in the number of classes, a change in the duration of classes, a change of Teacher, a suspension of the provision of classes, the Client must write to the Contractor's representative an email to the following email address: firstname.lastname@example.org or make a phone call to +37494789347.
6. Cost of services and payment procedure
6.1. Payment for the Services is carried out on the basis of one hundred percent prepayment. If the Client has one paid lesson left, the Client is obliged to pay for the next lesson before the start of the next lesson. If the Client fails to fulfil this obligation, the Contractor has the right to cancel the schedule of the Client's classes and put on the time previously reserved for the Client for classes with other persons.
6.2. The moment of payment is the receipt of funds to the Contractor's account.
6.3. The client is solely responsible for the correctness of the payments made by the client.
6.4. The client independently pays for all services of telecommunications organizations necessary for the consumption of the Contractor's Services.
7. Responsibility of the Parties
7.1. In the event of non-fulfilment or improper fulfilment by the Contractor of obligations under this Agreement, the Client has the right to present to the Contractor a demand for the return of the money paid by him in the amount equal to the amount of the obligations not fulfilled by the Contractor.
7.2. In the event that this Agreement is terminated at the request of the Client, the client must provide the Contractor with a reasoned refusal from the Contractor's services, in this case, the Contractor shall return the funds to the Client in an amount equal to the amount of unfulfilled obligations by the Contractor, withholding the amount of funds transfer fees.
7.3. In case of termination of the Agreement on a joint initiative or the initiative of one of the parties, the period for refunding funds is up to 30 calendar days.
7.4. As requisites for a refund, the Client may indicate:
- Number of a card issued in the Russian Federation and / or CIS countries;
- BIC, bank account number and full name of the account holder;
- PayPal account.
7.5. In the event of a refund to the Client, if the Client later decides to return to training, the cost of his training will be calculated at the current school prices. If the balance is kept on the school's account, the cost of classes will not be recalculated when the price changes.
8. Other conditions
8.1. The services provided in accordance with this Agreement are educational. All classes are held using the Skype program or any other messengers convenient for the Client and the Teacher.
8.2. For non-fulfilment or improper fulfilment of obligations under this Agreement, the Parties shall be liable in accordance with the terms of this Agreement and the legislation of Armenia.
8.3. The Parties are not responsible for their full or partial failure to fulfil their obligations under this Agreement, if such failure was a consequence of force majeure circumstances (force majeure), namely: floods, other natural disasters, military actions, decisions and decisions of state authorities or others events. A proper confirmation of the presence of force majeure circumstances and their duration for the Parties is a certificate issued by the authorized bodies.
8.4. All disputes or disagreements arising between the Parties under this Agreement or in connection with it shall be resolved through negotiations between them. The Party, whose right has been violated, sends the other Party a written claim (demand) via electronic communication. If within 15 (Fifteen) calendar days the Party that sent the claim did not receive a response to it, as well as if within 15 (Fifteen) calendar days from the date of receipt of the first response to the claim, the Parties did not reach any agreements, then the Party, whose right has been violated, has the right to apply to the court at the location of the Contractor to protect their right.
8.5. After the Client has used half of the sessions from the purchased lesson package, if the Client wishes to change the teacher for any reason, they can do so by selecting a teacher whose lesson price matches the price of the previous teacher's lessons. If the Client chooses a teacher whose lesson price is higher, the Client agrees to pay the price difference between the packages.