Public Offer Agreement for the Provision of Services
Revision as of January 1, 2025.
Public offer means the Offer Agreement for the provision of services published on the Internet at www.starleyenglish.com. Services under this public offer are provided by Sole Proprietor (FOP) Kulykivska O.V. (hereinafter referred to as the Provider).
1. SUBJECT OF THE OFFER AGREEMENT
1.1. This agreement concerns the provision of access to paid individual or group online foreign language study using telecommunication tools and software.
1.2. The Provider undertakes to provide access to educational services to a person who has reached the age of 18, or to parents/legal representatives of students under the age of 18 (hereinafter referred to as the Customer). The Customer, in turn, undertakes to accept these services and pay for them under the terms of acceptance (full agreement to the terms) of this Offer Agreement by enrolling in classes.
2. PROCEDURES FOR JOINING THE OFFER AGREEMENT
2.1. Under this Offer Agreement, the Provider undertakes to provide services to an indefinite circle of Customers who apply for the specified services.
2.2. The confirmation of the conclusion of the Offer Agreement is enrollment in an individual lesson and/or booking a place in a group by making an advance payment or full payment of the cost of services.
2.3. Pursuant to Part 1 of Article 634 of the Civil Code of Ukraine, the Provider is the party that establishes the terms of this agreement. The conclusion of the Offer Agreement can only occur by the Customer's accession to the terms of the agreement.
2.4. The offer can be accepted by any individual who has reached the age of 18 and has full civil capacity, or who is a parent/legal representative of a student.
2.5. Acceptance of the Offer Agreement means that the Customer is fully familiar with the terms of this agreement and the rules for the provision of services.
2.6. The Customer accepts all terms of this Offer Agreement without reservations.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Provider undertakes to:
- 3.1.1. Organize access to classes;
- 3.1.2. Approve the schedule of classes;
- 3.1.3. Determine the cost of classes;
- 3.1.4. Notify the Customer of any changes in the schedule and the price list by any convenient method, including email or social networks.
3.2. The Provider has the following rights:
- 3.2.1. Freely choose, develop, and implement new teaching methods, including author's methods, in the educational process to improve the efficiency of teaching students;
- 3.2.2. Independently establish and change the cost, days, and duration of classes;
- 3.2.3. Involve other individuals - representatives of the Provider - to perform services;
- 3.2.4. If necessary, replace one teacher with another and reschedule the lesson time, notifying the Customer in advance;
- 3.2.5. Record all classes for the subsequent resolution of disputed issues, if they arise;
- 3.2.6. Use lesson recordings for promotional purposes in social networks;
- 3.2.7. Demand compliance with the rules of payment and attendance of classes;
- 3.2.8. Not remind about classes before or after their start, if the schedule of classes was previously discussed and agreed upon with the Customer.
3.3. The Customer undertakes to:
- 3.3.1. Timely pay for the services specified in paragraph 1.1. of this Agreement;
- 3.3.2. Receive the provided services, in particular, organize the attendance of paid classes by students in accordance with the schedule and the duration of the subscription;
- 3.3.3. Ensure the student's presence in classes;
- 3.3.4. Have access to the Internet, the speed and stability of which will be sufficient for conducting classes;
- 3.3.5. Avoid cases of the student's absence from classes without good reason;
- 3.3.6. Independently monitor compliance with the class schedule after it has been agreed with the Provider;
- 3.3.7. Inform in advance about the student's absence from classes;
- 3.3.8. Agree to changes in the schedule.
3.4. The Customer has the following rights:
- 3.4.1. Choose and receive services provided by the Provider in accordance with the schedule;
- 3.4.2. Terminate the receipt of services unilaterally, notifying the Provider about it.
These rights and obligations are mutual and determine the relationship of the parties within the framework of the concluded Offer Agreement.
4. PAYMENT TERMS AND SETTLEMENT PROCEDURES
4.1. The service is provided subject to 100% advance payment for the subscription (8 classes) upon enrollment in a group and when attending individual lessons;
4.2. If the number of lessons paid by the Customer is less than 8, their cost will be calculated 15% higher than their current price;
4.3. The Customer pays for services by transfer to the account according to bank details;
4.4. Payment for services is made before the start of a new subscription, i.e. at the last lesson of the previous subscription or in advance;
4.5. Payment is made in the amount of 100% advance payment;
4.6. Decisions on providing access to classes on an advance basis remain solely at the discretion of the Provider;
4.7. In case of cancellation of an individual lesson less than 8 hours before its start, it is subject to full payment;
4.8. In case of cancellation of a group lesson less than 24 hours before its start, it is subject to full payment;
4.9. The number of reschedules or cancellations of classes by the Customer is limited to 3 times within one paid package. In case of exceeding this number, for each subsequent reschedule or cancellation of a lesson, the full cost of the corresponding lesson is deducted from the Customer's balance.
4.10. Bank details of the Provider for payment in UAH:
- Recipient Name: FOP Kulykivska Oksana Volodymyrivna
- Recipient Code: 2711106307
- Recipient Account:UA573052990000026006006405145
- Bank: Zhytomyr Regional Directorate of JSC CB “Privatbank”
5. TERM OF THE OFFER AGREEMENT
5.1. The Offer Agreement for the provision of services enters into force from the moment of acceptance and is valid until the full performance by the parties of their obligations or until termination under the conditions specified in this Agreement.
6. CONDITIONS OF TERMINATION OF THE OFFER AGREEMENT
6.1. The Offer Agreement may be terminated at the initiative of the Customer unilaterally by ceasing to attend classes. In this case, funds for unused lessons are not refunded;
6.2. The Offer Agreement may be terminated at the initiative of the Provider unilaterally, by notifying the Customer by any means of communication. In this case, the Provider refunds to the Customer the funds actually paid by them for unused classes within one month from the moment the Customer receives the notification.
7. LIABILITY OF THE PARTIES
7.1. The parties are liable for non-performance or improper performance of their obligations under this Offer Agreement in accordance with the current legislation;
7.2. In case of violation by the Customer of the terms of this Offer Agreement, the Provider of services is not liable for those obligations specified in the Offer Agreement.
8. OTHER CONDITIONS
8.1. In case of absence of the student from classes established by the schedule, the student receives materials of the previous lesson and studies the missed material independently and, optionally, by conducting an additional lesson with the teacher individually for a separate fee at the current price;
8.2. In case of absence of the student from the lesson within 15 minutes from the start of the lesson, the teacher has the right to leave the virtual class;
8.3. In case of absence of the student from classes for more than 1 (one) month, the place for the student is not reserved and resumption of classes is possible only if there is a place in the group and/or in the schedule of individual classes at the price list rate that will be active at the time of resumption of classes;
8.4. In the event that the student suspends the use of paid lessons and does not attend classes for 3 (three) months from the date of the last conducted lesson, payment for unused lessons is canceled without the possibility of refund;
8.5. Classes are conducted according to the established schedule, including religious and public holidays. The presence of such holidays does not mean automatic rescheduling or cancellation of classes;
8.6. The Provider is not liable for malfunctioning technical equipment of the Customer;
8.7. The Provider of services is liable only for those obligations specified in the Offer Agreement;
8.8. Enrollment in classes in order to receive services and subsequent payment of the Provider's services means the Customer's consent to the processing of their personal data by the Provider for the purpose of executing the terms of this Offer Agreement and the possibility of conducting settlements. The Client provides unconditional consent to the storage and processing, including automated, of any information relating to the Client's personal data for purposes related to the execution of this agreement and the consequences of its performance or non-performance. The Client gives the Provider consent to the processing of all their personal data without limiting the storage period and the period of processing of personal data;
8.9. The Provider undertakes to ensure the confidentiality of all personal data of the Customer in accordance with the current legislation. Personal data can be used only for the provision of services provided for in this Agreement. The Provider does not transfer personal data to third parties without the written consent of the Customer;
8.10. The Provider has the right to inform and maintain contact with the Customer in any convenient way, including email, social networks, messengers, etc.
9. FORCE MAJEURE
9.1. The parties are released from liability for full or partial non-performance of their obligations under this Agreement if it is a consequence of force majeure circumstances that arose after the entry into force of this Agreement as a result of extraordinary events that could not be foreseen and could not be prevented by reasonable measures. In particular, these circumstances include military actions, blockade, embargo, fires, floods, epidemics, earthquakes and other natural disasters and events of a similar nature. The term of performance of obligations under this Agreement is postponed for the period during which such circumstances will act, and neither party is liable for non-performance of the terms of the Agreement. The proof of the action of force majeure circumstances is a certificate issued by the CCI of Ukraine.
10. PROVIDER DETAILS:
Location: Zhytomyr, lane 7-th Zakhidnyi, 6.
USREOU: 2711106307
