Public Offer Agreement for the Provision of Services

A public offer means the Offer Agreement for the provision of services published on the Internet at www.starleyenglish.com. The services under this public offer are provided by Sole Proprietor Kulykivska O.V. (hereinafter referred to as the Contractor).

1. SUBJECT OF THE OFFER AGREEMENT

1.1. This agreement concerns providing access to paid individual or group online foreign language learning using telecommunication tools and software.

1.2. The Contractor undertakes to provide a person who has reached the age of 18, or the parents/legal representatives of students under the age of 18 (hereinafter referred to as the Customer), access to educational services. The Customer, in turn, undertakes to accept these services and pay for them under the terms of acceptance (full acceptance of the terms) of this Offer Agreement by registering for classes.

2. PROCEDURE FOR ACCEPTING THE OFFER AGREEMENT

2.1. According to this Offer Agreement, the Contractor undertakes to provide services to an indefinite number of Customers who have requested the specified services.
2.2. Confirmation of the conclusion of the Offer Agreement is the registration for an individual lesson and/or reservation of a place in a group by making a prepayment or full payment for the services.

2.3. In accordance with Part 1 of Article 634 of the Civil Code of Ukraine, the Contractor is the party that establishes the terms of this agreement. The conclusion of the Offer Agreement can only take place by the Customer joining the terms of the agreement.

2.4. The offer may be accepted by any individual who has reached the age of 18 and has full civil capacity, or by a parent/legal representative of a student.

2.5. Acceptance of the Offer Agreement means that the Customer is fully acquainted 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 any reservations.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Contractor undertakes to:

3.1.1. Organize access to the lessons;
3.1.2. Approve the lesson schedule;
3.1.3. Determine the cost of the lessons;
3.1.4. Notify the Customer of any changes in the schedule and price list by any convenient method, including email or social networks.

3.2. The Customer undertakes to:

3.2.1. Pay for the services within the time and amount determined by the cost of the lessons;
3.2.2. Adhere to the lesson schedule;
3.2.3. Inform the Contractor of any changes in their availability for lessons;
3.2.4. Comply with the rules and conditions specified in this Offer Agreement.

These rights and obligations are mutual and define the relationship between the parties within the framework of the concluded Offer Agreement.

3.2. The Contractor has the following rights:

3.2.1. Freely choose, develop, and implement new teaching methods in the educational process, including proprietary methods, to enhance the effectiveness of students' learning;
3.2.2. Independently set and change the cost, days, and duration of lessons;
3.2.3. Engage other individuals – representatives of the Contractor – to provide services;
3.2.4. If necessary, substitute one teacher with another and reschedule lesson times, having previously notified the Customer;
3.2.5. Record all lessons to resolve any disputes should they arise;
3.2.6. Use lesson recordings for advertising purposes on social networks;
3.2.7. Require adherence to payment and attendance rules;
3.2.8. Not remind about lessons before or after they take place, if the lesson schedule has been previously discussed and agreed upon with the Customer.

3.3. The Customer undertakes to:

3.3.1. Timely pay for the services specified in clause 1.1. of this Agreement;
3.3.2. Receive the provided services, in particular, ensure that the student attends paid lessons according to the schedule and validity period of the subscription;
3.3.3. Ensure the student’s presence at lessons;
3.3.4. Have access to the Internet with a speed and stability sufficient for conducting the lessons;
3.3.5. Prevent cases of the student’s absence from lessons without valid reasons;
3.3.6. Independently monitor compliance with the lesson schedule after it is agreed with the Contractor;
3.3.7. Inform the Contractor in advance about the student’s absence from lessons;
3.3.8. Agree to changes in the schedule.

3.4. The Customer has the following rights:

3.4.1. To choose and receive the services provided by the Contractor according to the schedule;
3.4.2. To terminate the receipt of services unilaterally by notifying the Contractor.

4. PAYMENT TERMS AND SETTLEMENT PROCEDURE

4.1. The service is provided on the condition of 100% prepayment for a subscription when enrolling in a group or attending individual lessons.

4.2. If the number of lessons paid for by the Customer is less than 8, their cost will be calculated at a rate 15% higher than the current price.

4.3. The Customer pays for the services by transferring funds to the account according to the provided payment details.

4.4. Payment for services must be 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% prepayment.

4.6. The decision to provide access to lessons based on the advance payment remains solely at the discretion of the Contractor.

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 lessons by the Customer is limited to 3 times within one paid package. If this number is exceeded, for each subsequent reschedule or cancellation, the full cost of the corresponding lesson will be deducted from the Customer’s balance.

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 remains valid until the full performance of obligations by both parties or until termination under the terms specified in this Agreement.

6. CONDITIONS FOR TERMINATION OF THE OFFER AGREEMENT

6.1. The Offer Agreement may be terminated at the initiative of the Customer unilaterally by discontinuing attendance of lessons. In this case, funds for unused lessons are not refunded.

6.2. The Offer Agreement may be terminated at the initiative of the Contractor unilaterally by notifying the Customer by any means of communication. In this case, the Contractor shall refund the Customer the actual amount paid for unused lessons within one month from the date of notification received by the Customer.

7. LIABILITY OF THE PARTIES

7.1. The parties are liable for non-fulfillment or improper fulfillment of their obligations under this Offer Agreement in accordance with applicable law.

7.2. In case the Customer violates the terms of this Offer Agreement, the Contractor is not responsible for the obligations specified in the Offer Agreement.

8. OTHER TERMS

8.1. In case of the student’s absence from lessons according to the established schedule, the student receives materials from the previous lesson and studies the missed material independently and, if desired, can arrange an additional individual lesson with the teacher for a separate fee at the current price.

8.2. If the student is absent from the lesson for more than 15 minutes after the start time, the teacher has the right to leave the virtual classroom.

8.3. If the student is absent from lessons for more than one (1) month, their place in the group is not reserved, and resuming lessons is only possible if there is an available spot in the group and/or in the individual lesson schedule, at the price effective at the time of resumption.

8.4. If the student suspends the use of paid lessons and does not attend lessons for more than three (3) months from the date of the last lesson attended, payment for unused lessons is canceled with no possibility of refund.

8.5. Lessons are conducted according to the established schedule, including religious and national holidays. The presence of such holidays does not automatically mean lessons will be rescheduled or canceled.

8.6. The Contractor is not responsible for any malfunctioning of the Customer’s technical equipment.

8.7. The Contractor is only responsible for those obligations specified in the Offer Agreement.
8.8. Registration for lessons for the purpose of receiving services and subsequent payment for services to the Contractor constitutes the Customer’s consent to the processing by the Contractor of their personal data for the purpose of fulfilling the terms of this Offer Agreement, including the possibility of mutual settlements. The Customer gives unconditional consent to the storage and processing, including automated processing, of any information relating to the Customer’s personal data, for any purposes related to the execution of this agreement and the consequences of the use or non-use of the Customer’s personal data. The Customer gives the Contractor consent to the processing of all their personal data without limitation as to the term of storage and the term of processing of personal data.

8.9. The Contractor undertakes to ensure the confidentiality of all personal data of the Customer in accordance with applicable law. Personal data may be used only for the provision of services specified in this Agreement. The Contractor does not transfer personal data to third parties without the written consent of the Customer.

8.10. The Contractor reserves the right to inform and maintain communication with the Customer by any convenient means previously provided, including email, correspondence on social networks, messengers, etc.

9. FORCE MAJEURE (Events Beyond Control)

9.1. The parties are released from liability for complete or partial failure to fulfill their obligations under this Agreement if it occurred as a result of force majeure circumstances that arose after this Agreement entered into force as a result of extraordinary events that could not have been foreseen or prevented by reasonable measures. In particular, such circumstances include military actions, blockades, embargoes, fires, floods, epidemics, earthquakes, and other natural disasters and events of a similar nature. The term for fulfilling obligations under this Agreement is extended for the period during which such circumstances exist, and neither party is liable for failure to fulfill the terms of the Agreement during this period. Proof of force majeure circumstances shall be a certificate issued by the Chamber of Commerce and Industry of Ukraine.