PUBLIC OFFER AGREEMENT
Publication date: 03.08.2021
1. TERMS AND DEFINITIONS
1.1. Herein the below terms shall have the following meanings:
1.2. Agreement shall mean this Public Offer Agreement.
1.3.Tutor shall mean the Ukrainian citizen: Yuliya Volodymyrivna Dyshleva, carrying out her working practice as a tutor.
1.4. Student shall mean the customer of the educational service.
1.5. Parties shall mean the Ukrainian citizen: Yuliya Volodymyrivna Dyshleva, carrying out her working practice as a tutor, and the customer of the educational service.
1.6. Web-Site shall mean a tool for rendering and implementing the services, works or goods through entrance into an e-agreement.
1.7. Class shall mean a speech, lecture, lesson or webinar, which are held in real time or through a broadcast of the recording based on the use of web technologies by providing the Student with Personal Access under the terms and conditions of this Offer.
1.8. Course Program shall mean Classes (webinars, trainings), electronic versions of audio, video recordings of Classes, seminars, trainings, courses, phonograms, video grams, text-, audio-visual works, which are inter-related and structured on a specific topic and access to which is provided through the Web-Site or the Web-Page to be used by the Student.
1.9. Home Assignment shall mean a set of assignments developed by the Tutor, which assignments shall be performed by the Student on his/her own before or after Classes.
1.10. Check-up Test shall mean a test on the topic passed or a training examination test that simulates full immersion into the examination situation.
All other terms, which are not defined in this section, shall be used within the meanings that they are given by the current law.
2. SCOPE OF THE AGREEMENT
2.1. The Tutor undertakes to hold Classes with the Student at the time as designated by the Course Program selected by the Student on the Web-Site englishexamcracker.com, and the Student is obliged to pay for Classes pursuant to this Offer.
2.2. The current Course Programs are available on the Web-Site englishexamcracker.com; the Tutor will provide the Student with the information as necessary for entering into the Agreement and about the Course Programs, upon request of the latter.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Tutor undertakes:
3.1.1. to perform her obligations under the Agreement to the fullest extent, in the manner and within the dates as stipulated by the Agreement, current law of Ukraine and pursuant to the information on the Web-Site englishexamcracker.com.
3.1.2. to provide the Student with any information connected with performance of the Agreement.
3.1.3. independently to develop and prepare the materials for the Course Programs.
3.2. The Tutor is entitled:
3.2.1. unilaterally to terminate the Agreement, having notified the Student at least two weeks before the end of the current month of training, whether orally or in writing.
3.2.2. to suspend rendering the services (to refuse from rendering the services) in case of no payment under the Agreement. The payment shall be made on a monthly basis prior to the date when the first Class of each month is scheduled to be held.
3.2.3. independently to change the order of the services, without modifying the content and dates thereof as agreed between the Parties.
3.2.4. to request the Student for the documents and information as necessary for performance of the Agreement.
3.2.5. to upload the Students' photos and video shots with the Students on the Web-Site englishexamcracker.com.
3.3. The Student undertakes:
3.3.1. to perform his/her obligations under Agreement to the fullest extent, properly, in the manner and within the dates as prescribed by the Agreement.
3.3.2. to provide the Tutor, in good advance before provision of the services, with the necessary information as well as to ensure the necessary conditions for rendering the services.
3.3.3. in a timely fashion, to pay for the services to be rendered by the Tutor in the amount and within the dates as prescribed by the Agreement.
3.3.4. in case of termination of the Agreement, to notify the Tutor to that effect at least two weeks before the end of the current month of training, whether orally or in writing.
3.3.5. to complete the current month of training, if the Agreement is terminated by the Student.
3.4. The Student is entitled:
3.4.1. unilaterally to terminate the Agreement, having notified the Tutor at least two weeks before the end of the current month of training.
3.4.2. in a timely fashion, to be informed about the progress of the Tutor's performance of her obligations under the Agreement.
4. GENERAL CONDITIONS OF CLASSES
4.1. Classes shall be held remotely in the format consistent with the Course Program selected on the Web-Site englishexamcracker.com.
4.2. The timetable of Classes shall be agreed between the Tutor and the Student in writing in one of the messengers indicated on the Web-Site englishexamcracker.com.
5. PRICE, PAYMENT FOR AND NUMBER OF CLASSES
5.1. The price of Classes per month, number of Classes per month and standard duration of one Class shall be consistent with the Course Program selected by the Student on the Web-Site englishexamcracker.com.
5.2. The course shall be paid at least a month in advance as 100% prepayment.
5.3. The Student shall pay the bank charges arising out of money transfers to the Tutor's card/account.
5.4. That the Student has paid for the services shall mean his/her awareness and complete agreement with the terms and conditions of this Offer.
5.5. The Student shall pay for the Course Program by any method as indicated on the Web-Site englishexamcracker.com, whereupon he/she shall inform the Tutor about completion of the payment, having attached a screenshot of the respective document, having used one of the messengers indicated on the Web-site englishexamcracker.com.
6. CANCELLATION OF CLASSES BY THE STUDENT
6.1. The Parties agree that regularity of Classes shall be a key to success, and also realize that abrupt cancellations of Classes will give rise to organizational problems, therefore the Parties undertake to keep cancellation of Classes to a minimum.
6.2. If the Student, who attends individual Classes, is ill and the facts of his/her illness precludes such Student from attending the Class, the Student shall notify the Tutor as soon as possible, however at least 24 hours before the Class starts. The Tutor shall compensate for the missed Class/Classes upon agreement with the Student through making up the Classes within the current month, alongside the Student shall have the date and time of the rescheduled Class agreed with the Tutor.
6.3. In the event of a later cancellation or incompliance with the dates and conditions of making up the Class/Classes as stipulated in clause 6.2., the price of the paid Class/Classes shall not be refunded to the Student and rescheduling of the paid Class/Classes based on the above-mentioned reasons shall not be permissible either.
6.4. In case that the Student does not attend a Class, the price of the missed Class shall not be refunded.
7. CANCELLATION OF CLASSES BY THE TUTOR
7.1. The Tutor may cancel an individual Class or reschedule it for another date or time, having agreed it with the Student at least 24 hours before the appointed time of the relevant Class.
7.2. The Tutor may cancel the group Class or reschedule it for another date or time, having agreed it with all the Students of the group at least 24 hours before the appointed time of the relevant Class.
7.3. The Tutor is obliged to make up the Class cancelled by her within the current month.
7.4. In the event of technical obstacles against the Class, the Class shall be rescheduled regardless of the Party encountering the technical obstacles, alongside the Party that has encountered such technical obstacles undertakes to remove them as soon as possible.
7.5. If the technical obstacles are not removed for more than two Classes in succession, the Party that has failed to eliminate the technical obstacles, shall have the obligation to pay for the failed Classes.
8. ASSESSMENT OF THE STUDENT'S AND TUTOR'S PERFORMANCE
8.1. Number of the Classes attended by the Student, Home Assignments completed and Check-up Tests passed shall be taken as an indicator of the Student's performance during implementation of the selected Course Program.
8.2. When developing the Exam Course Programs, the Tutor shall adhere to the number of the minimum Check-up Tests as necessary and confirmed by her practical experience, which tests are required for the Student to successfully pass the examination provided in the Course Program.
8.3. When preparing for the examination, the Student shall adhere to the number of the Classes attended, Home Assignments completed and results of the Check-up Tests passed, as well as the Tutor's forecast whether the Student is ready for the examination.
8.4. If the Student obtains a negative result of the examination in case of insufficient number of the Classes attended, Home Assignments completed, Check-up Tests passed or negative forecast by the Tutor in respect of the Student's readiness to pass the examination, the Student shall be responsible for unsatisfactory results of the examination.
9. LIABILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
9.1. In the event of any discrepancies regarding the matters stipulated by this Agreement, the Parties shall make all the efforts to have them settled through negotiations.
9.2. Unless the above disputes can be settled through negotiations, they shall be resolved in court according to the current law of Ukraine.
10. PROTECTION OF PERSONAL DATA AND CONFIDENTIAL INFORMATION
10.1. By agreeing to the terms and conditions of the Offer, the Student gives an unambiguous consent for the Tutor to process and use any personal data, of which the Tutor becomes aware as a result of provision of the services under this Agreement in accordance with the law Ukraine on personal data protection.
10.2. All the information, of which the Student becomes aware in connection with provision of the Tutor's services (including passwords to access the Course Programs), shall be the Tutor's confidential information and trade secret.
10.3. The Student undertakes not to disclose or transfer the Tutor's confidential information and trade secrets for review and/or use to third parties, without the Tutor's prior written consent.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All the online classes (webinars, trainings) in the form of speeches, lectures; audio and video practices, audio and video lessons, recordings of online broadcasts, photographs, articles and any other materials received by the Student for performance of this Offer (hereinafter the Materials) shall be the items of intellectual property rights and shall be protected.
11.2. The copyright and related rights to the Materials, to which the Student has access, shall belong to the Tutor. The Student is vested only with the right to use the Materials exclusively for personal non-commercial purposes, unless otherwise is envisaged by a special agreement separately signed by and between the Student and the Tutor.
11.3. Copying, distribution, use, translation, adaptation and any similar modifications of the Materials are prohibited, unless there is a prior written consent from the Tutor.
12.1. The Agreement shall take the effect as soon as the Student pays for any Course Program as available on the Web-Site englishexamcracker.com and will be valid throughout the term of such Course Program until its completion under the aforesaid terms and conditions.
12.2. The Parties shall follow the current law of Ukraine in respect of all the matters as not covered by the Agreement.
12.3. The Parties acknowledge that they comprehensively and unambiguously understand the scope and content of this Offer, essence of the terms used herein as well as the fact that the Offer's wording is in line with the intentions and will of the Parties.
12.4. If any provision (clause) of the Offer is or becomes invalid due to the reasons of whatever nature, it will not affect the validity of other provisions of this Offer as a whole.
12.5. The Tutor is entitled to amend the Offer as she thinks fit.
12.6.1. The Student shall be notified of any changes in this Offer by e-mail at least 5 days prior to effectuation of the Agreement as amended.
12.6.2. Any changes in this Offer shall take the effect as soon as they are published on the Web-Site englishexamcracker.com.
Details of the Tutor: