CONTRACT FOR THE PROVISION OF ENGLISH LANGUAGE LEARNING SERVICES

Please carefully read the terms of this Agreement. If you disagree with or do not understand any of its points, we recommend that you contact us for clarification at +38(50)29-89-255.

By accepting the terms of this agreement, you agree to abide by all its conditions and rules for studying at the X-pand online English language school.

 

1. SUBJECT OF THE CONTRACT

1.1. The purpose of this Contract is the provision of educational services by the Performer to the Student, with the aim of enhancing their proficiency in the English language. The Customer agrees to accept and pay for these services under the conditions and in the manner specified in this Contract.

1.2. English language learning services are offered to the Student through group sessions or individual sessions.

1.3. The Performer ensures a structured training course, organized according to language proficiency levels and aligned with the existing Levels Table.

1.4. The maximum number of students in a group is 6 (six) individuals.

1.5. With the consent of the teacher and all students in the group, an additional 1 (one) student may join the group.

1.6. Groups with fewer than 4 (four) students may be closed or merged with other groups.

1.7. The duration of the program depends on the chosen package and will be specified in the invoice.

1.8. Individual and group sessions are conducted according to the approved schedule. In the event of lateness to a session, the payment for the class is not refunded, and additional time is not allocated.

1.9. Cancellation of a session is only possible 12 (twelve) hours before the start of the class. If a session is canceled within a shorter timeframe, it is considered as having occurred and is subject to payment.

1.10. Rules for rescheduling sessions are coordinated in accordance with the chosen learning package and are communicated to the Customer via email.

 

2.RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Performer is obligated:

2.1.1. to provide the Student with services of quality and scope established for the respective Program, following the terms of this Contract;

2.1.2. to engage qualified teachers in the process of delivering services;

2.1.3. to conduct testing of the Student before the commencement of service provision. Based on the conducted testing, inform the Customer about the approximate proficiency level of the Student in a foreign language and provide all necessary information for the receipt of services;

2.1.4. to ensure the timely conduct of individual and group sessions with the Student, following the schedule and program.

2.1.5. Upon completion of each level of instruction, conduct progressive testing. Based on the results, a decision is made regarding the Student’s progression to the next level.

2.1.6. Upon the Customer’s prior request, in the case of successful completion of the full Service provision Program by the Student, provide the Customer with the corresponding Certificate.

2.2. The Performer has the right:

2.2.1. To receive payment for the Services according to the terms of this Contract;

2.2.2. To change teachers during the educational process, notifying the Customer in advance;

2.2.3. To cease providing Services to the Customer in case of a violation of the Contract terms. The resumption of service provision occurs after the complete elimination of violations;

2.2.4. At any time, to refuse the Student in the provision of Services if their behavior during the classes impedes the proper performance of duties by the teacher and the effective perception of information by other students. In such a case, the funds paid by the Customer for the provision of Services are not refunded;

2.2.5. Change the time or days of instruction with prior notification to the Customer at least 7 (seven) calendar days in advance, using electronic or telephone communication means.

2.2.6. At their discretion, to involve third parties in performing their duties under this Contract;

2.2.7. To request funds from the Student for study materials, with prior agreement;

2.2.8. To independently form groups, taking into account the students’ knowledge level, age, the availability of free classrooms, teachers, and other factors.

2.2.9. If sessions are missed due to circumstances beyond the Performer’s control (such as force majeure or public holidays), they will be rescheduled separately, with the time agreed upon in advance.

2.2.10. Terminate this Contract prematurely by notifying the Customer at least 7 (seven) calendar days in advance, using electronic or telephone communication means.

2.3. Customer Responsibilities:

2.3.1. Complete homework in line with the agreed-upon Program with the Performer, aiming to enhance and reinforce the provided services to the Student. If, due to personal circumstances, the Customer cannot complete homework in full, the time to achieve the promised learning outcome may be subject to change.

2.3.2. Adhere to and abide by the Rules and conditions of behavior and learning approved by the Performer.

2.3.3. Timely remit payment for the services rendered.

2.4. Customer Rights:

2.4.1. Receive services from the Performer of the quality and scope established for the respective Program.

2.4.2. Seek consultations from the Performer regarding the improvement of assimilating the services provided.

2.4.3. Obtain a Certificate provided by the Performer upon the Customer’s request in case of the successful completion of the full Program of service provision by the Student.

2.4.4. Modify the time or days of instruction by prior agreement with the Performer. Such changes can be accepted if the Performer has the opportunity to provide services, taking into account such changes.

2.4.5. Receive necessary and accurate information about the Performer, including working hours and the list of provided services.

2.4.6. Enjoy discounts according to the loyalty system developed by the Performer.

2.4.7. Utilize electronic materials from the Performer upon prepayment for usage services (for the period of completing 1 (one) level of instruction).

2.4.9. Prematurely terminate this Contract by notifying the Performer at least 7 (seven) days in advance using electronic or telephone communication means.

 

3. COST OF SERVICES AND SETTLEMENT PROCEDURE

3.1. Services for learning a foreign language are provided to the Customer on a pre-paid basis in accordance with the prices approved by the Performer, as indicated on the Performer’s website at www.x-pand.school (hereinafter referred to as “Prices”). The cost of study materials is not included in the tuition fee.

3.2. The amount payable for the Services is specified in the invoice generated by the Performer.

3.3. Payment for the Services is made in the national currency of Ukraine – hryvnia, in non-cash form, with the Customer transferring funds to the Performer’s current account.

3.4. In the event of a violation of the payment procedure, the Customer forfeits the right to any discounts at the current level of study.

3.5. The provision of paid Services by the Customer is limited to the current level of study and cannot be transferred to subsequent levels.

3.6. In the case of a Student’s absence from classes for any reason, the funds paid by the Customer are non-refundable.

3.7. If a Student is late for a class, the tuition fee is not reimbursed, and additional time is not allocated.

3.8. A full refund is provided at the Customer’s request if no more than 7 (seven) calendar days have passed since the beginning of the Student’s studies, and the Customer has provided written justification for discontinuing the course.

3.9. If the Customer is unable to continue studying due to unforeseen circumstances, the Performer may refund the money, deducting the cost of hours of received Services (at full cost, without any discounts).

3.10. Refunds as per clauses 3.8. and 3.9. of the Contract are processed only upon the written request, submission of documentary evidence of unforeseen circumstances as per clause 3.9. of the Contract, the original receipt for payment of Services, and presentation of the Customer’s passport.

3.11. In all other cases, funds paid and not used by the Customer are non-refundable.

 

4. RESPONSIBILITY OF PARTIES

4.1. In case of a breach of obligations arising from this Agreement, the party at fault shall bear responsibility as defined by this Agreement and the current legislation of Ukraine.

4.2. A breach of the Agreement constitutes non-performance or improper performance, i.e., performance in violation of the conditions stipulated in this Agreement.

4.3. If the Customer fails to pay the cost of services for the next month in a timely manner, they will not be admitted to classes.

 

5.DISPUTE RESOLUTION

5.1. All disputes arising from or related to this Agreement will be resolved through negotiations between the parties.

5.2. If the respective dispute cannot be resolved through negotiations, it will be settled in a judicial procedure according to the jurisdiction and competence established for such disputes under the current legislation of Ukraine.

 

6.FORCE MAJEURE CIRCUMSTANCES

6.1. In the event of force majeure circumstances, defined as events that arise and operate independently of the Parties’ will, and that the Party could not objectively foresee or prevent, the term for the affected Party’s performance of obligations under this Agreement is extended for the duration of the force majeure circumstances, not exceeding 6 (six) months.

6.2. Force majeure circumstances include wars and other military actions, earthquakes, floods, and other natural disasters, the adoption by state authorities and local self-government of regulatory acts, and other similar circumstances that hinder the proper performance of the Parties’ obligations under this Agreement.

6.3. The Party unable to properly fulfill its obligations under this Agreement due to force majeure circumstances must inform the other Party in writing about the occurrence of such circumstances and the anticipated duration of their effect within 10 (ten) calendar days from the moment of their occurrence (with the addition of evidence of the existence of such circumstances: a document issued by the Chamber of Commerce and Industry of Ukraine or another competent authority).

6.4. If force majeure circumstances or their consequences persist for more than 6 (six) months, the Parties, based on mutual negotiations, make a decision on the termination of this Agreement.

 

INTELLECTUAL PROPERTY RIGHTS

7.1. In consideration of the provisions outlined in this Agreement, the Civil Code of Ukraine, and the Laws of Ukraine pertaining to “Copyright and Related Rights” and “Information,” the Parties mutually agree that all educational materials utilized for the fulfillment of this Agreement are protected by copyright. Furthermore, any exclusive property rights, including those specified in Article 424 of the Civil Code of Ukraine, to intellectual property objects (copyright) provided by the Performer during the execution of this Agreement, are deemed the full ownership of the Performer from the moment of the creation of such objects.

7.2. The Customer is granted the right to exclusively use the materials for the purposes outlined in this Agreement. In this context, intellectual property rights to educational materials remain vested in the Performer. Nothing in this Agreement should be construed as a transfer of any intellectual property rights to educational materials or permission to use such materials for purposes beyond those specified in the Agreement.

7.3. During classes, Students are prohibited from using mobile phones and other communication devices, conducting audio recordings, as well as engaging in photo, film, television, or video shooting.

 

TERM OF AGREEMENT

8.1. This Agreement is deemed effective from the moment of signing by the Customer and remains valid until the completion of the Services under the respective Program or as otherwise specified in this Agreement.

8.2. In the event that, after the termination of this Agreement between the Parties or its conclusion, a final settlement has not been reached, the termination or cessation of this Agreement does not provide grounds for the Parties to decline finalizing a settlement.

 

FINAL PROVISIONS

9.1. This Agreement serves as an accession agreement in accordance with the definition in Article 634 of the Civil Code of Ukraine.

9.2. The Performer reserves the right to make changes and additions to the Agreement by posting a new version on its website.

9.3. The new version of the Agreement becomes effective for the Parties within 3 (three) days from the date of approval by the Performer and posting on its website.

9.4. By signing this Agreement, the Customer consents to the processing of their personal data by the Performer in accordance with Article 7 of the Law of Ukraine “On Personal Data Protection” and grants the right to include their personal data in the Performer’s unified electronic database of listeners (students).

9.5. By signing this Agreement, the Customer provides consent, in accordance with Articles 307 and 308 of the Civil Code of Ukraine, for the Student to be filmed or photographed. Photographs and other artistic works depicting the Student may be publicly shown, reproduced, and distributed by the Performer for advertising, educational, and other purposes. All copyright and related rights to the obtained photo and video materials in any form and on any media belong to the Performer and cannot be used without its consent. If the Customer objects to the use of the student’s images in the specified materials, they must notify the Performer’s administrator in writing.