for conclusion of a service contract
Volgograd, October 25, 2021
Individual entrepreneur Zevakina Anastasia Yurievna (Skyford Online School of Foreign Languages) (hereinafter referred to as the Contractor) publishes this Service contract for online teaching of foreign languages, which is a public offer (commercial quotation) to individuals (hereinafter referred to as the Customer).
1. Offer Acceptance
1.1. The text of this Contract is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation).
1.2. The Offer Acceptance is the payment for ordered services by means of advance fee in the manner set forth in this Contract, and the use of the Contractor’s services.
1.3. The Contract acceptance by the Customer means that he/she fully agrees with all the provisions of this Contract.
1.4. From the moment of acceptance by the Customer, this Contract is considered to be concluded. In confirmation of the conclusion of this Contract and upon its execution, the Customer receives information letters by e-mail that was indicated by the Customer to the Contractor upon registration.
1.5. This Contract shall enter into force upon its conclusion and shall remain in force until the Parties fulfill their obligations thereon, unless otherwise provided by this Contract or the legislation of the Russian Federation.
2. Subject of the Contract
2.1. In accordance with this Contract, the Contractor undertakes to provide the Customer with online lessons of foreign languages, and the Customer undertakes to accept these services and pay for them in accordance with the conditions provided by this Contract.
2.2. The number of lessons that are given in accordance with this Contract is determined by the number of lessons that are paid by the Customer.
3. Rights and obligations of the parties
3.1. The Contractor undertakes:
3.1.1. To provide the Customer with the services in a proper manner in conformity with the conditions of this Contract in accordance with the terms agreed upon by the Parties.
3.1.2. Not to disclose confidential information and data provided by the Customer in relation to the execution of the Contract, not to divulge or disclose such facts or such information (except for public information) to any third party without the Customer's written prior consent.
3.2. The Contractor is entitled:
3.2.1. To use the services of any individuals and legal entities for the purpose of timely and quality performance of the obligations under the Contract.
3.2.2. To require timely payment for the Services from the Customer in accordance with the conditions of the Contract.
3.2.3. To maintain the recording of audio and video lessons in order to monitor the quality of education by the relevant department of the school.
3.2.4. To use the e-mail address, phone number and Skype login that were used by the Customer upon registration to send information and promotional materials to the Customer in order to inform the Customer about the Contractor’s activities and the execution of the Contract. In the absence of the Customer’s written refusal to receive the materials sent to the Contractor, the consent to receive such materials is considered to be confirmed.
3.2.5. To refuse to provide and extend the Services to the Customer and, by doing so, to refund deposited money at the time agreed upon by both parties with details for the refund of the paid amounts (provided by the Customer) minus the commission for the transfer of funds.
3.3. The Customer undertakes:
3.3.1. To provide the Contractor with all the information and data indicated in paragraph 3.2.4 that is necessary to fulfill the obligations under this Contract.
3.3.2. Not to disclose confidential information and data provided by the Contractor in relation to the execution of this Contract, not to divulge or disclose such facts or such kind of information (except for the public information) to any third party without the Contractor’s written prior consent.
3.4. The Customer is entitled:
3.4.1. To demand from the Contractor to properly fulfill the obligations under this Contract. The lesson is considered to be conducted in a proper manner if the Customer does not inform the Contractor that the lesson did not take place due to the Teacher's fault within 1 (one) hour from the moment of its starting time.
3.4.2. To refuse the fulfillment of the conditions of this Contract if the Contractor has not started to fulfill the obligations thereon.
3.4.3. To change the Teacher, by informing the Contractor about it 48 hours in advance.
4. Postponement of lessons and failure to attend lessons
4.1. Customer can postpone or cancel lessons not later than 8 (eight) hours before the beginning of a lesson. Non-observance of this term is considered equivalent to the failure of the Customer to attend. The number of possible postponements or cancellations of lessons should not exceed 2 (two) times per month. The cancellation or postponement of the Test Lesson is not considered and is always free for the Customer. However, the school reserves the right to refuse to provide the Customer with a repeated Test Lesson.
4.2. The Teacher is entitled to postpone lessons (in case of illness and for other viable reasons), by notifying the Customer about this at least in 24 hours’ time. If the Customer supposes that the Teacher postpones lessons too often, the Customer has the right to contact his supervisor at the contact center with a request to change the Teacher.
4.3. If the Customer is not available for the Teacher’s call at the stipulated time, the Teacher repeats attempts to get in contact with the Customer (at least three times). In this case, the time of the beginning of the lesson is the time fixed in the schedule. If, as a result of the above-mentioned procedures, it is impossible to contact the Customer, the lesson is considered to be successfully conducted and is paid in the amount of 100%.
4.4. If the Customer does not receive a call from the Teacher at the stipulated starting time plus 5 (five) minutes, he must immediately get in contact with the Contractor in the manner provided for in paragraph 6 of this Contract. Lessons that are not conducted due to the Teacher’s fault are postponed in full to another time convenient for the Customer.
4.5. The Contractor is not responsible for failure to render services due to the Customer’s lack of necessary software or technical problems with the Internet. If it is possible for the Contractor, the non-given lesson can be postponed to the day and time agreed in advance by the parties.
4.5.1. Minimum system requirements
- Operating system: Windows 7/8/8.1/10, Mac OS X 10.9, 10.10, 10.11, Linux;
- nstalled Internet browser of the last stable user version with auto-update enabled;
- RAM: from 2 GB and above, the processor: 2 core processor from 1.8 GHz;
- * Microphone and speakers or headset (headphones with a microphone);
- * Internet connection from 1 Mb/s.
4.5.2. Recommended System Requirements
- Operating system: Windows 8/8.1/10, Mac OS X 10.10, 10.11;
- Installed Internet browser of the last stable user version with auto-update enabled;
- Main storage: from 4 GB and above;
- Processor: 2 core processor from 2.2 GHz;
- Video camera, as well as a microphone and speakers or a headset (headphones with a microphone);
- Internet connection from 3-5 Mb/s.
4.5.3. Workplace setup
- Close all programs that can occupy most of the Internet link (such as file sharing services, online games);
- Upon Teacher’s calling on Skype, the student must allow access to the microphone and camera.
5. Suspension of lessons. Refusal to continue lessons
5.1. The Contractor may suspend the provision of the Services to the Customer while keeping the reservation of the schedule of the Customer's lessons, under the following conditions:
5.1.1. the duration of the break in lessons should be no longer than 14 (fourteen) calendar days;
5.1.2. the suspension of lessons is possible if at least 90 (Ninety) calendar days have elapsed since the end of the previous suspension;
5.1.3. at the time of the break beginning (the day of the last lesson before the break), the Customer must have at least 1 (one) lesson paid.
5.1.4. The Customer must inform the Contractor in advance of the exact date of the last lesson before the break and coordinate with the Contractor the exact date and time of the next lesson after the break.
5.2. The Customer is entitled to suspend lessons for a long period (from 2 weeks) for a viable reason, if the Customer notifies the Contractor of this intention in advance. In this case, the schedule of the Customer's lessons is not reserved, but the performed prepayment is reserved for the Customer for the whole period of suspension of the lessons.
5.3. The Contractor is entitled to suspend the provision of services on his own initiative during the New Year, Christmas and May holidays, having notified the Customer about this in advance by e-mail or by phone call.
5.4. The Customer's Teacher can be replaced for viable reasons (temporary vocational disablement of the Teacher, other circumstances), the Contractor informs the Customer about this by e-mail or by phone call. If the Customer does not want to be tutored by another Teacher, the Customer is entitled to suspend lessons in the manner provided for by this Contract.
5.5. The Customer is entitled to refuse to continue the lessons if the payment terms specified in clause 7. of this Contract is followed.
6. Notification procedure
6.1. In order to inform the Contractor about postponement or cancellation of the lesson, the Customer must:
6.1.1. inform the Contractor's manager in the written form (by SMS messages, WhatsApp, Viber), by the phone number indicated in "Contacts" section of the site: https://skyford.ru/en/contacts;
6.1.2. or send an e-mail to the Contractor at email@example.com;
6.1.3. optionally, notify the Teacher by e-mail and always cc the Contractor.
6.2. Phone and e-mail messages about the cancellation and postponement of lessons are accepted only during working hours (from Monday to Friday from 8.00 to 20.00, on Saturday from 9.00 to 16.00). Messages regarding the cancellation and postponement sent at other time are considered to be unaccepted.
6.3. In order to inform about the increase in the number of lessons, the change in the duration of the lessons, the change of the Teacher, the suspension or refusal of the lessons, the Customer must write an e-mail to the representative of the Contractor to the following e-mail address firstname.lastname@example.org or a message in Skype, WhatsApp or Viber.
6.4. The Customer's e-mail address indicated upon registration is the official address, and all correspondence, carried out by the Customer from this address, is accepted by the Contractor, including messages about the postponement of lessons, suspension of lessons, change of the Teacher, refusal of lessons, and requests for a refund.
6.5. Messages about the cancellation, postponement or suspension of lessons made in the chat room on the website https://skyford.ru are not accepted.
7. Cost of services and payment procedure
7.1. The cost of the Contractor’s Services and possible ways of payment are published by the Contractor on the website at https://skyford.ru/en/prices, https://skyford.ru/tseny and https://skyford.ru/en/payment-methods
7.2. Payment for the Contractor's services is carried out on the basis of 100% (one hundred percent) prepayment. By the end of the last paid lesson, the Customer is obliged to pay for the next lesson or lessons in the amount at his/her own discretion. The Contractor has the right to appoint a lesson only after full prepayment from the Customer. If the Customer wishes to reserve a certain time for a lesson, provided that the teacher keeps it available and not occupied by other clients, the Customer must pay for the class in 24 hours’ time before its beginning. In case of non-payment at the time specified above, the Contractor is entitled to cancel the schedule of the Customer's classes and set up classes with other students for the time previously reserved for the Customer.
7.3. The Contractor can change the cost of services unilaterally by posting information on the website at https://skyford.ru/tseny and https://skyford.ru/en/prices. In this case, the cost of lessons already paid by the Customer is not subject to change.
7.4. The receipt of monetary funds to the account of the Contractor is considered to be the moment of payment.
7.5. The Customer is responsible for the correctness of payments made by him/her, as well as for the costs related to the transfer of funds in favor the Contractor.
7.6. The Customer independently pays for all services of the communication providers necessary for the use of the Contractor's Services.
7.7. The first Test Lesson is free for the Customer. The Customer has the right for 1 free test lesson with the Russian-speaking teacher for each language.
7.8. The Customer must pay in full for services which were not provided to him due to the impossibility of their execution through the Customer’s fault.
8. Gift Certificate
8.1 Terms and Definitions
8.1.1 The Customer has the right to purchase a gift certificate from the Contractor for distance learning of foreign languages via Skype or Zoom. The gift certificate confirms the right to receive services by the Bearer of the certificate for the Contractor’s part.
8.1.2. The Customer who paid for the gift certificate has the right to use it independently or transfer it to third parties at his discretion. One gift certificate can only be transferred to one person (the Bearer).
8.1.3. The gift certificate for teaching a specific foreign language contains the individual certificate number, language, course name, number of lessons, teacher (Russian-speaking or expat/bilingual or native speaker), certificate validity period and contact details of the Skyford online school of foreign languages (email, website, phone). The Bearer of the certificate for teaching any foreign language can choose any language and course of study according to the information on the certificate.
8.1.4. Gift certificates are not personalized, they can be used by any Bearer, unless otherwise indicated on the certificate.
8.1.5. In addition to the lessons indicated in the certificate, the Bearer of the gift certificate is entitled to 1 free trial lesson with a Russian-speaking teacher, lasting 30 minutes. Trial lessons with bilinguals, expats and native speakers are paid and can be paid for with a gift certificate.
8.1.6. The gift certificate purchased on the website skyford.ru is provided to the Customer in png or jpeg/jpg format by e-mail within 48 hours after the Customer pays the full cost of the certificate.
8.2. Gift certificate activation
8.2.1. To activate the gift certificate, the Bearer must follow the instructions on the certificate, namely: write to the online school mail email@example.com, call the phone number indicated on the certificate (or on the website) or sign up for a trial lesson on the school website https://skyford.ru Also, the Bearer must provide the individual certificate number to the school manager.
8.2.2. The validity period of an unactivated gift certificate is indicated on the certificate and is 6 (six) months from the date of payment of the certificate by the Customer.
8.2.3. The activation of the gift certificate occurs at the time of creating a student's personal account on the Skyford online school website. The validity of an activated gift certificate is 6 months from the date of its activation: during this time, the Bearer must complete all the lessons specified in the certificate. Lessons not used during this period are wasted.
8.2.4. The Bearer of the certificate has the right to contact the Contractor with a request to change the language and course of study for the gift certificate. When changing the language and course of study, the total number of hours is calculated based on the nominal value of the presented gift certificate and the current prices indicated on the Contractor's website https://skyford.ru/tseny at the time of presentation of the certificate. When ordering/issuing services for a cost exceeding the nominal value of the certificate, the Bearer of the certificate may pay the Contractor the difference in monetary equivalent. When ordering/issuing services for a value less than the nominal value of the certificate, the difference in monetary equivalent is not compensated, and the funds are not returned to the Bearer.
8.2.5. The Contractor reserves the right to refuse the Bearer of the Gift Certificate to change the language, course and other data specified in the certificate.
8.2.6. Gift certificates cannot be returned or exchanged for cash or other gift certificates and cards. The funds paid by the Customer for the certificate are not returned after the expiration of its validity period and cannot be credited to the purchase of new certificates or payment of lessons.
8.2.7. Gift certificates cannot be combined with other promotions and bonuses from the Contractor.
8.2.8. The Customer and the Bearer independently bear personal responsibility for the safety and confidentiality of the individual number of the gift certificate. The Contractor is not responsible for hacking the mail server, email address of the Customer and/or the Bearer and stealing the certificate number. The Contractor does not accept any claims in the above cases.
9. Gift card
9.1. Terms and Definitions
9.1.1. The client has the right to purchase from the Contractor a gift card with a certain nominal in rubles. The gift card confirms the right to receive services by the Bearer of the card for the Contractor’s part for the amount of the card's nominal value.
9.1.2. The Customer who purchased the gift card has the right to use it independently or transfer it to third parties at its discretion. One gift card can only be transferred to one person (the Bearer).
9.1.3. The gift card purchased from the Skyford online school of foreign languages contains the card number, nominal and expiration date. The card number allows the Contractor to identify the card upon presentation.
If you buy a gift card not from the Skyford online school of foreign languages, but on other Internet sites, then the information about the number, card value and validity period may not be directly on the gift card. But in this case, the Card Merchant is obliged to provide you with this information by e-mail. Skyford online school of foreign languages is not responsible for non-provision of this information by third parties and does not accept gift cards without a number.
9.1.4. Gift cards are not personalized, they can be used by any Bearer, unless otherwise indicated on the card.
9.1.5. The Bearer of the gift card is entitled to 1 free trial lesson lasting 30 minutes with a Russian-speaking teacher. Trial lessons with bilinguals, expats and native speakers are paid and can be paid for with a gift card.
9.1.6. The gift card purchased on the website skyford.ru is provided to the Customer in png or jpeg/jpg format by e-mail within 48 hours after the Customer pays the full cost of the card.
9.2. Gift card activation
9.2.1. To activate the gift card, the Bearer must leave an application at the Skyford online school in any convenient way: write to firstname.lastname@example.org, fill out the form on the website https://skyford.ru, or call the phone number indicated on the website.
9.2.2. When communicating with the school manager, the Bearer must give the individual card number, the course of study and the number of lessons that he wants to pay with the card. The manager will create a personal account for the Bearer and add the required number of lessons to it.
9.2.3. The number of lessons that the Bearer can purchase is calculated based on the nominal value of the gift card and the current prices indicated on the Contractor's website https://skyford.ru/tseny at the time the card is presented. When ordering/issuing services for a cost exceeding the nominal value of the card, the Bearer of the card may pay the Contractor the difference in monetary equivalent. When ordering/issuing services for a value less than the nominal value of the card, the difference in monetary equivalent is not compensated, and the funds are not returned to the Bearer or the Customer.
9.2.4. The gift card is valid for 12 (twelve) months from the date of payment by the Customer. Upon expiration, the card is considered invalid and will not be accepted as payment.
9.2.5. The gift card can be used once within the size of its nominal value. The summation of several gift cards for one service is allowed.
9.2.6. Gift cards and/or lessons purchased using the card cannot be returned and exchanged for cash or other gift certificates and cards.
9.2.7. A lost gift card cannot be restored and a duplicate will not be issued. The Customer and the Bearer independently bear personal responsibility for the safety and confidentiality of the individual number of the gift card. The Contractor is not responsible for hacking the mail server, e-mail of the Customer and/or the Bearer and theft of the card number. The Contractor does not accept any claims in the above cases.
10. Responsibility of the parties
10.1. In case of failure to give or improper giving of lessons due to the Contractor’s fault, the Customer is entitled to make a claim to the Contractor for the return of the money paid by him/her in the amount equal to the amount of obligations not fulfilled by the Contractor.
10.1.1. Bonus lessons accrued to the Customer during studying are not subject to return.
10.2. In case of termination of this Contract at the request of the Customer, he/she must provide the Contractor with a written notification of refusal of the Contractor’s services. In this case the Contractor returns money to the Customer in an amount equal to the amount of obligations not fulfilled by the Contractor, while retaining the commission for the transfer of funds.
The refund amount is calculated with the deduction of the actual costs incurred by the Contractor, in the amount of 4% of the total cost of the paid package of lessons, from which the refund is made. The calculation is carried out according to the following formula:
Refund amount = Cost of a package of lessons – Price for 1 lesson without discount ∗ Number of lessons conducted – Cost of a package of lessons ∗ 0.04.
10.3. In case of termination of the Contract on a joint initiative or initiative of one of the parties, the pay-back period is up to 30 calendar days.
10.4. As the requisites for the return of funds, the Customer must indicate:
- Full name and number of the card released on the territory of the Russian Federation, as well as mandatorily full bank account details;
- or a PayPal account and e-mail connected to this account.
10.5. In case of a refund, if the Customer decides to continue studying later, the cost of classes will be calculated at the current prices of the school. In case the balance remains on the school account, the cost of the lessons for the balance amount will not be recalculated if the price changes.
11. Other terms and conditions
11.1. According to this Contract the Contractor provides tutoring services to the Customer. All lessons are given via Skype or Zoom application. Based on the results of this Contract execution for at least 6 months and with the intensity of the lessons given at least 2 times a week, the Contractor provides the Customer with a certificate - a document on the Customer’s achievement of a certain level of foreign language proficiency. At the end of the courses which last less than 6 months, the Customer is provided with a certificate of passing the course without indicating the level of knowledge. Such a document is sent to the Customer’s address on the territory of the Russian Federation by Russian Post at the expense of the Contractor. Outside the Russian Federation, the certificate is sent at the request and at the Customer’s own expense.
11.2. The Parties take responsibility for non-fulfillment or improper fulfillment of obligations under this Contract in accordance with the conditions of this Contract and the legislation of the Russian Federation.
11.3. The Parties are not responsible for full or partial non-fulfillment of their obligations under this Contract, if such non-fulfillment was a consequence of force majeure circumstances, in particular: floods, other natural disasters, military actions, resolutions and decisions of public authorities or other occasions. A certificate released by the public authorities shall be deemed proper confirmation of the force majeure circumstances and their duration for Parties.
11.4. All disputes or disagreements arising between the Parties under this Contract or in connection with it are settled by means of negotiations between the Parties. The wronged Party should send a written claim (request) to the other Party by e-mail. If within 15 (fifteen) calendar days the Party that had sent the claim did not receive a response to it, as well as if within 15 (fifteen) calendar days from the receipt of the first response to the claim the Parties did not reach any agreements, the wronged Party is entitled to apply to the court of Volzhsky city of Volgograd region in the manner established by the legislation of the Russian Federation.
12. Contractor Details
Full name: Individual Entrepreneur Zevakina Anastasia Yurievna
Legal address: Russia, 404130, Volgograd region, Volzhsky, Tchaikovskogo Street, 17, app. 31
Actual address: Russia, 404130, Volgograd region., Volzhsky, Lenina Avenue, 3
INN (Taxpayer Identification Number): 343501406032
OGRNIP (Primary State Registration Number of Individual Entrepreneur): 304343518900028
Tel.: 8 (960) 883 69 34