On the provision of educational services at the Montessori Center (referred to as the “School”) to any individual (referred to as the “Student.”)
This Agreement is a public offer agreement under Art. 633 of the Civil Code of Ukraine that is the equivalent of a bilateral agreement and, following the current legislation of Ukraine, has proper legal force from the moment the user fully and unconditionally accepts the terms of this Agreement (Offer) and its Appendices.
This Agreement is public, and its terms are the same for all consumers.
This agreement governs the relationship between the School and the Students and does not regulate the rights, obligations, and responsibilities of third parties to the School.
The information below is an official offer (public offer) to any individual to conclude a training contract. Under Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of a public contract is the fact that the Student makes a payment towards payment for services. The public offer is also accepted when registering a Student on the School’s website (filling out the student’s questionnaire on the School’s website). The School’s website has a web address montessori.ua. A contract number is a unique number (Student ID) assigned to the Student upon registration on the School’s website (filling out the student’s questionnaire).
TERMS USED IN THIS AGREEMENT
- Student – an individual to whom the Services are provided, under the terms of the Agreement. All actions performed using the Student’s login and password are considered by the School as actions performed by the Student personally, of his own free will.
- School – Montessori Center, provided that all, one or several Services are provided to the Student.
- Services – teaching services that the School provides to the Student.
- Student Verification – confirmation of the Student’s personal data that was indicated by him during registration on the School’s website. This is accomplished by receiving from the Student a copy of his passport or other documents proving his identity.
І. GENERAL PROVISIONS. SUBJECT OF THE CONTRACT
1.1. As part of the Services ordered and paid for by the Student, the School provides the Student with:
1.1.1. Educational services.
1.1.2. An ability to create an account (mailbox for sending and receiving email and using the Meet app for online lessons).
1.1.3. Consultations required to use the Services.
1.2. The student is obliged to respond to incoming requests (notifications) about violations of the law, violations of rights, or other legitimate interests of third parties, and, if there are grounds, to independently eliminate the corresponding violations. For violation of legal requirements, intellectual property rights, or other rights and legitimate interests of third parties or the School, the Student is liable to these third parties and the School under the law.
1.3. For the Services provided under this Agreement, a refund is not made under any circumstances.
PERSONAL INFORMATION. GENERAL PROVISIONS
2.3. By concluding the Agreement, the Student confirms that he is familiar (without additional notice) with the provisions of the Law of Ukraine “On the Protection of Personal Data” and the process of utilizing personal data that he and third parties transfer to the School.
2.4. The Student’s permission to process his personal data is valid for the entire duration of the Agreement, as well as for the next 5 (five) years after its expiration.
2.6. Personal data provided by the Student will be available to employees and contractors of the School.
2.7. By concluding this Agreement, the Student agrees that the School has the right to provide access and transfer the Student’s personal data to third parties, without changing the purpose of processing personal data, and that he is duly notified of each case of providing personal data to third parties within the purpose, specified in clause 2.2 of the contract. In the event of a change in the purpose for which the Student’s personal data is transferred to third parties, the School notifies the Student about the new purpose of processing personal data by sending an email to the address provided by the Student.
2.8. The school guarantees that it will not use the student’s personal data for any other purpose other than the purposes specified in clause 2.2 of the Agreement, without proper notification of the Student about it.
2.9. The student initiates a change in the personal data provided to him in the cases provided for by law or this Agreement.
ІІІ. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Responsibilities of the School:
3.1.1. Process the data entered by the Student in the student’s questionnaire and create a unique account (Email) based on the entered data.
3.1.2. Provide Services to the Student corresponding to the amount paid under Section 4 of this Agreement.
3.1.3. Publish official messages related to student service and changes in payment rates on the School’s website.
3.2. Responsibilities of the Student:
3.2.1. Provide complete, truthful, reliable, correct, and accurate information about yourself, as well as your contact information in the amount necessary for the provision of the Services by the School.
3.2.2. Independently set and change all passwords and other data providing access to the Services, and be fully responsible for their secrecy.
3.2.3. Inform the School about changes in the student’s data within 72 (seventy-two) hours from the moment such data changed.
3.2.4. Respond to the School’s requests for confirmation of the relevance of the personal information provided by the Student within 24 hours from the moment such a request is sent to the Student.
3.2.5. At the request of the School, provide copies of your passport or other identity documents.
3.2.6. Timely and in full payment for the Services under the selected tariff plan of the School. The student undertakes to independently familiarize himself with the information on the terms of service and tariffs on the School’s website.
3.2.7. Respond to the administrative appeal or notification of the School within 24 (twenty-four) hours from the moment such appeal or notification is sent to the Student.
3.2.8. Comply with and ensure compliance with all requirements stipulated by the Terms of Service.
3.3. School rights:
3.3.1. Temporarily or completely stop providing the Services to the Student and demand written explanations from the Student in the following cases:
220.127.116.11. Failure to receive timely payment for the Services.
18.104.22.168. Providing by the Student inaccurate or inaccurate contact information or failure to provide such information at the request of the School.
22.214.171.124. Failure of the Student to respond to the School’s request for the verification of the Student within 24 (twenty-four) hours from the moment such a request is sent to the Student via Email notification to the Student’s current email address, or by sending a message via one of the services: SMS, Telegram, WhatsApp, Viber.
126.96.36.199. Failure to respond to the administrative appeal of the School within 24 (twenty-four) hours from the date of sending such an appeal to the Student by one of the means specified in clause 188.8.131.52. Of the contract.
184.108.40.206. Taking actions or omissions aimed at restricting or preventing other users from accessing the Services provided by the School, as well as attempting unauthorized access to the School’s resources and other systems available through the Internet.
220.127.116.11. Sending or sending messages via the Internet of any information that contradicts the requirements of the legislation of Ukraine or the norms of international law contained in international treaties and conventions to which Ukraine is a party. Mailing is understood as a mass mailing of several emails to multiple recipients, as well as multiple mailings to one recipient, as well as the use of details (Student’s Email) for similar mailings made through another provider. Messages are understood as email messages, messaging programs (SMS, Skype, Viber, Telegram, WhatsApp), and other similar means of information exchange.
18.104.22.168. Taking actions aimed at sending, publishing, transmitting, reproducing, providing, or in any way using for commercial purposes information, software, or other materials obtained in whole or in part through the Services (unless this is expressly permitted by the owner of such information, software security or other products), subject to the availability of a written request from the owner of such information on the limitation of the listed actions.
22.214.171.124. Taking actions aimed at sending, publishing, transmitting, reproducing or distributing in any way software or other materials obtained through the Services, in whole or in part, protected by copyright or other intellectual property rights, without the permission of the owner, as well as sending, publishing, transfer or distribute in any way any component of the Services provided or works created on its basis since the Services themselves are also subject to copyright and other intellectual property rights, subject to a written request from the owner of such rights to limit the listed actions.
126.96.36.199. Publication and transmission via the Internet of any information that contradicts the current Ukrainian legislation or international treaties and conventions to which Ukraine is a party. In particular, this applies to materials of a pornographic nature and other materials, the placement of which is contrary to the legislation of Ukraine.
188.8.131.52. Failure to comply with the requirements provided for by the Terms of Service, or posting materials prohibited by these Terms.
3.3.2. The temporary termination of the provision of the Services by the School means that the School has the right to temporarily block partially or completely the Services provided.
3.3.3. The School has the right to terminate the contractual relationship with the Student unilaterally with the simultaneous sending of written electronic notification if the Student violates his obligations under this Agreement. The moment of termination of the Agreement and termination of service is the date of sending the corresponding notification to the Student.
3.4. Student Rights:
3.4.1. Require the School to provide the Services under the terms of this Agreement.
3.4.2. Receive information from the School about the Services and additional paid services.
3.4.3. Contact the School with complaints and suggestions for improving the quality of the Services.
COST OF SERVICES AND PAYMENT PROCEDURE
4.1. Payment for the Services is carried out in the national currency of Ukraine under the tariffs established at the time of the provision of the Service on a 100% prepayment basis.
4.2. When making a payment through the branches of a banking institution, the payer is obliged to indicate the name and surname of the Student in the payment document.
4.3. The School has the right to unilaterally revise the prices for the Services. The School notifies the Student about the introduction of new prices by publishing a message about it on the School’s website. The new prices come into effect from the date of publication on the School’s website. In the event of a change in prices, the payment made for the Services is not recalculated.
4.4. Services are considered paid from the moment the funds are received by the School and the relevant information is updated in the Student Services control panel on the School’s website.
4.5. The School has the right to refuse to provide the Services to the Student or to restrict it in some instruments for paying for the Services in cases where the School receives requests (complaints, claims, claims) from a banking institution or payment system for refunding payments for the Services in favor of the Paying Student.
SPECIAL TERMS AND RESPONSIBILITIES OF THE PARTIES
5.1. The School does not guarantee that the Services are completely error-free and does not guarantee that the software or any other materials offered are free from system errors. The school makes every reasonable effort and measure to prevent this from happening.
5.2. The School is not responsible for direct or indirect damage caused to the Student as a result of the use or inability to use the Services or incurred as a result of errors, failures, unavailability of the Services, DDOS, and other attacks on the Server or in the network of the Student or the School, deletion of files, defects, delays in work or transfer of data, or changes in functions and other reasons. The School does not guarantee acceptance of the Student’s mail from remote networks, the functioning of which led to the inclusion of the address of such a network in the lists for which the School’s mail delivery program does not receive mail.
5.3. The amount of the School’s liability to the Student is limited and cannot exceed the cost of the services consumed by this Student for the last month.
5.3.1. The school is not responsible for actions, inactions, third-party services, or failures on the part of third parties, banking, and financial institutions, payment systems.
5.4. The student assumes full responsibility for the risks associated with the use of the Services provided. In particular, the Student undertakes to reimburse the School in full for all losses caused to the School as a result of violation by the Student of the terms of this Agreement and the Rules for the provision of services, as well as to reimburse other costs incurred by the School as a result of such violations (in particular, the costs of legal assistance if the court will establish the fact of violation by the Student of the current legislation or the rights or legitimate interests of third parties).
5.4.1. The student bears full responsibility for damage caused by his unlawful use of the Services to third parties in case of violation of the rights of these third parties.
5.5. The student is fully responsible for the safety of his password and for losses that may arise due to unauthorized use by third parties.
5.6. The School is not a proper respondent or respondent for any obligations, claims of third parties, and costs associated with violation by the Student (or other persons using his name and password) of the terms of this Agreement or legal requirements.
5.7. The School considers the Student’s legitimate requests regarding the Services provided to him, sent only from the Student’s contact Email.
5.8. The student is responsible for settling any disputes related to the provision of the Services to him and undertakes to protect the School from any reclamations, claims, and claims from third parties arising in connection with the provision of the Services to him. The Student undertakes to reimburse the School for all expenses incurred by him (including legal costs) related to the consideration of any disputes, claims, complaints, claims from third parties related to the provision of Services to the Student, as well as reimburse the damage caused to the School.
5.9. The student agrees to receive notifications regarding the provision of the Services by email (Email) and through short message services (SMS, Viber, Telegram, WhatsApp, and others).
5.10. The parties agreed to consider it appropriate to express their will when concluding this Agreement by putting a mark on the Student’s consent with him on the School’s website. The specified method of concluding this Agreement has the same legal force as the handwritten signature of the authorized representatives of the Parties on a written document.
5.11. The parties agreed that the signing of invoices, changes, and additions to this Agreement can be carried out by putting down the Student’s consent to this on the School’s website.
PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES
6.1. The Student’s claims regarding the Services are accepted by the School for consideration only in writing and no later than 3 (three) calendar days from the date of the beginning of the dispute. The term for consideration of the student’s claims is no more than 14 (fourteen) working days from the date of application. Claims from third parties regarding the Services provided to a particular Student are not considered by the School, except as expressly provided for by law. The School reserves the right to forward to the relevant Students the legitimate demands and appeals of copyright holders and other persons who consider their rights violated to eliminate such violations.
6.1.1. The school, according to the current legislation, is not a subject considering disputes about the law. In particular, the School is not authorized to confirm or deny the facts of the presence or absence of the rights of third parties to certain intellectual property objects, the facts of violations by the Students of the rights of third parties to trademarks, marks for service goods, as well as to any other objects of intellectual property rights.
VII. FORCE MAJEURE
7.1. Neither Party shall be liable for non-fulfillment or improper fulfillment of this Agreement if this is caused by force majeure circumstances that the Parties could not have known about in advance and/or other unforeseen circumstances that prevent the fulfillment of contractual obligations and occur regardless of the will and desire of the Parties.
Force majeure circumstances include (but are not limited to): fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, avalanches, volcanic eruptions, volcanoes and other natural disasters, wars, revolutions, coups d’état, strikes, acts of sabotage and terrorist acts, robberies, accidents in the power supply and communications system, changes in legislation, actions of state bodies and their officials, if these circumstances directly affect the implementation of this Agreement, and their occurrence is certified (confirmed) by a body authorized by the legislation to certify the circumstances of force majeure. Unforeseen circumstances that impede the fulfillment of contractual obligations include (but are not limited to): a failure of the School’s servers, illegal actions of third parties, an explosion, and the like.
7.2. The Party, which became aware of the occurrence of such circumstances, notifies the other Party about this no later than 15 (fifteen) calendar days from the date of occurrence of such circumstances.
7.3. In the event of force majeure circumstances, the deadline for fulfilling obligations under this Agreement is postponed for the period during which such circumstances and their consequences are valid.
VIIІ. THE MOMENT OF ENTRY INTO FORCE AND THE PRICE OF THE AGREEMENT, DURATION OF THE AGREEMENT, PROCEDURE FOR AMENDMENT AND TERMINATION
8.1. The student has the right to unilaterally refuse the School’s Services at any time. In this case, a refund, including prepayment for the Services, is not made.
8.2. The school has the right at any time to unilaterally refuse to serve the Student without explaining the reasons, while a refund is made for full months of the paid Services. The School has the right to suspend the servicing of all or several of the Student’s Services if the Student does not respond to the notification (administrative appeal) of the School within 48 (forty-eight) hours from the moment the notification (administrative appeal) of the School is sent to him. The school has the right to unilaterally terminate the Agreement with the Student if the Student violates this Agreement or the Terms of Service.
8.3. The student has the right, within 30 (thirty) days from the date of payment for the Services, if the quality of the Services does not meet the terms of this Agreement, to demand a refund from the School. Upon the expiration of the specified period, the ordered and paid Service is considered to be provided by the School to the Student properly, promptly and in full, and the Student loses the right to make claims to the School regarding the quality, completeness, and timing of the Service.
8.4. The agreement comes into force from the moment of its conclusion and is valid during the entire period of the Student’s study.
8.5. The price of the Agreement consists of the sum of all payments received by the School from the Student for the Services provided during the entire period of the Student’s study.
8.6. The school has the right to unilaterally periodically revise certain terms of the Agreement or the technical characteristics of the Services provided to Students. If the School makes changes to the Agreement, the School undertakes to publish these changes on its website.
8.7. In any case, regardless of the Student’s acquaintance with the amendments to the Agreement by the invitation link sent to him by Email or in any other way accepted by the Parties, such changes take effect immediately from the moment they are published on the School’s website.
8.8. If the Student agrees to the changes, this Agreement continues to be valid subject to the changes made.
8.9. If the Student does not agree with the published amendments to the Agreement, he undertakes to inform the School of his disagreement by an official letter with acknowledgment of receipt or by sending a letter in electronic form, certified by his electronic digital signature. The Agreement will terminate from the date of receipt of such notification by the School.
8.11. For all issues not regulated in this text of the Agreement, the Parties are guided by the current legislation of Ukraine.
ATTACHMENTS TO THE CONTRACT
9.1. Applications are an integral part of this Agreement.
9.2. Appendix # 1 – Terms of Service.
9.4. Appendix # 3 – Money Back Guarantee.
9.5. Appendix # 4 – Procedure for processing complaints.