Service Agreement on Professional Development Services

Agreement of Adherence for Educational Services in Professional Development for English Language Teachers

1.

Subject of the Contract
1.1

The Contractor is obliged to provide educational services, and the Customer is obliged to accept and pay for these educational services.
1.2

Educational Services in Professional Development for English language teachers are provided by the Contractor within the framework of the course chosen by the Customer based on the information posted on the Contractor's website — www.grade.ua
1.3

he Contractor's website contains information about each specific course, including the overall duration of the course, the number of sessions, their duration, schedule of sessions, cost, and more.
1.4

Before the commencement of services under this Contract, the Parties shall jointly agree on the schedule of sessions. The schedule of sessions may be modified with the consent of the Parties, and the Customer will be notified in writing.
1.5

he educational services are provided by the Contractor with the use of educational materials for the study of English as a foreign language from Cambridge University Press and other publishers chosen by the Contractor, both on a paid and free basis.
1.6

The performance of the Contract regarding the conduct of Professional Development sessions may involve the engagement of third parties by the Contractor, such as tutors with the relevant qualifications. In this case, the responsibility for any breaches of the Contract arising from the involvement of third parties in the provision of services remains with the Contractor.
1.7

Educational services are provided in groups or individually, depending on the chosen course.
2.

Conditions of accessing the Contract
2.1

Adherence to the Contract and acceptance of all its terms occur through the payment for educational services as specified in the enrollment confirmation letter, which includes details of the educational program and payment instructions.
2.2

The confirmation letter is sent to the Customer's email address and contains:
- The intention of the Party to adhere to this Contract.
- Acceptance of all its terms.
- The name, overall duration, and cost of the chosen educational course.
- The amount and deadlines for payment.
3.

Conditions for Enrollment in the Training Program
3.1

Enrollment in the selected educational program is subject to the following conditions:
- Completion of a Pre-Interview Task by the Customer and successful completion of an interview to assess knowledge and qualifications (except for TKT and Grade Teacher YL + Teens courses).
- Payment of the educational service fees by the Customer in accordance with the terms outlined in Section 6, «Conditions of Acceptance, Transfer, and Payment for Services,» of this Contract.
4.

Rights of the Parties
4.1

The Contractor has the right to:
4.1.1

Develop the curriculum and make adjustments to it regarding changes in the program's scope and the order of study, within the framework provided by the methodological recommendations from Cambridge English (if such recommendations are available).
4.1.2

Conduct preliminary testing of the Customer, as well as periodic assessments of the knowledge acquired during the course under the selected program.
4.1.3

Manage the schedule of sessions, including:
- Establishing the schedule for the Customer's attendance of sessions for the chosen course.
- Modifying the schedule of the Customer's session attendance with prior agreement from both Parties in the event that the sessions cannot be conducted according to the initial schedule.
4.1.4

Substitute a tutor during the term of this Contract with a specialist of similar qualification in the event that further provision of educational services by the individual who previously conducted the sessions becomes impossible.
4.1.5

Prior to the commencement of the course, decide on the dissolution of a group if it consists of fewer than 12 participants. In this case, the Contractor must offer the Customer the option to transfer to another educational group with a similar level of knowledge and preparation. If it is not possible to transfer the Customer to another educational group, the Contractor undertakes to refund the fees.
4.1.6

The Contractor has the right to change the course format from face-to-face to online in the event that Ukrainian Government authorities introduce special measures, regulations, prohibitions, or restrictions that make face-to-face courses impossible.

In the event of a change in the course format, the tuition fee remains unchanged.
4.1.7

Exercise any other rights provided for by the current legislation of Ukraine.
4.2

The Customer has the right to:
4.2.1

Receive educational services in a timely and high-quality manner.
4.2.2

Receive comprehensive information from the Contractor regarding the organization and delivery of educational services.
4.2.3

Undergo preliminary testing and/or an interview to determine the level of their knowledge and choose the appropriate preparation program (free of charge).
4.2.4

For the DELTA Module 1 online preparation course: receive a center certificate upon successful completion of a practice test.

For the DELTA Module 3 online preparation course: receive a center certificate upon submission of a completed work.

For CELTA and DELTA Module 2 courses: obtain a certificate from Cambridge English upon payment of the Cambridge Assessment fee, successful completion of all program-related tasks and meeting all course-related requirements as outlined in the Course Disclaimer.
4.2.5

Exercise any other rights provided for by the current legislation of Ukraine.
5.

Obligations of the Parties
5.1

The Contractor shall:
5.1.1

Create appropriate conditions for the provision of educational services, specifically:
- Provide facilities for conducting Professional Development sessions.
- Timely provide the Customer with information regarding the organization and conduct of sessions as part of the provision of educational services.
- Appoint an experienced tutor for conducting sessions.
- Supply the Customer with the necessary literature, whether on a paid or complimentary basis.
5.1.2

If necessary, conduct preliminary testing and/or an interview for free to determine the Customer's level of knowledge, experience, and qualification.
5.1.3

Familiarize the Customer with the Rules of Learning for the respective course (TKT, Grade Teacher YL + Teens, CELTA, DELTA).
5.2

The Customer shall:
5.2.1

Accept and timely pay for the service in accordance with the terms outlined in Section 6, «Conditions of Acceptance, Transfer, and Payment for Services,» of this Contract.
5.2.2

Attend 100% of sessions and complete 100% of the assignments for the course.

Coordinate with the Contractor the possibility of missing sessions when necessary.
5.2.3

Adhere to the Rules of Learning, as well as fire safety rules while on the Contractor's premises.
5.2.4

Not copy, alienate, or distribute materials provided by the Contractor for temporary free use.
5.2.5

In case of inability to attend the course for any reason, the Customer must notify the Contractor via email at celta@grade.ua. The conditions for terminating the Contract are outlined in Section 7 of the Contract. The Contract is considered terminated upon receipt of the corresponding email by the Contractor.
6.

Conditions of Acceptance, Transfer, and Payment for Services
6.1

Payment for services is made at the prices listed on the Contractor's website. All expenses related to the transfer of funds for the services provided under this Contract are the responsibility of the Customer.
6.2

The amount payable for the Services is specified in the confirmation letter sent by the Contractor.
6.3

The Customer is obliged to make payment for the services within five working days from the date of receiving the confirmation letter, but no later than the deadlines specified therein for the corresponding payment.
6.4

In the event of the Customer missing sessions for any reason, the paid fees are not refunded or compensated. If it is stipulated by the program and course rules, the Contractor may provide the Customer with educational materials for independent study.
7.

Term of the Contract, Procedure, and Grounds for Amendment or Termination of the Contract
7.1

This Contract comes into force after the Customer has fully complied with Section 3 of this Contract and expires upon the completion of the last session of the training course.
7.2

The terms of the Contract may be amended with the agreement of the Parties through the conclusion of an Additional Agreement to the Contract.
7.3

In the event that the provision of educational services is impossible due to the fault of the Contractor, the Customer shall receive a refund of 100% of the fees if educational services were not provided, or the remaining fees for the part of the services that were not provided.
7.4

The Contractor has the right to unilaterally terminate the Contract if the Customer fails to comply with or violates clause 6.3 and the requirements of Section 6, «Conditions of Acceptance, Transfer, and Payment for Services,» of this Contract. The termination of the Contract on this basis does not exempt the Customer from liability for non-performance or violation of obligations under the Contract.
7.5

The Contractor has the right to unilaterally terminate the Contract in the event that it becomes impossible to continue its execution based on the grounds specified in Section 4.1.5 of the Contract or in the case of the Customer's systematic violation of the Rules of Learning provided to the Customer in the confirmation letter.
7.6

The Customer has the right to unilaterally terminate the Contract due to the inability to attend the course. In this case, the Contractor reserves the right to decide on the refund (or partial refund) depending on the circumstances that make it impossible for the Customer to attend the course.
8.

Confidentiality
8.1

By signing this Contract, the Contractor and the instructors engaged in providing the services undertake not to disclose confidential information and information that may become known to the Contractor during the execution of the terms of this Contract to third parties.
8.2

By signing this Contract, the Customer provides consent/authorization for the processing of Personal Data (any information related to the Customer, including but not limited to information regarding the surname, first name, patronymic, passport details, identification code, date and place of birth, citizenship, residence and registration address, marital, social, financial status, education, profession, income, contact phone numbers, email address, etc. - hereinafter referred to as «Personal Data») by the Contractor and the tutors engaged in providing educational services.
8.3

The Contractor and thetutors engaged in providing educational services undertake to ensure the proper level of protection and prevention of disclosure of Personal Data in accordance with the requirements of the current legislation of Ukraine.
9.

Disputes and Liability of the Parties
9.1

Disputes arising between the Parties shall be resolved through negotiations, and in case of failure to reach an agreement, in accordance with the current legislation of Ukraine.
9.2

In resolving issues not covered by this Contract, the regulations of the current legislation of Ukraine shall apply.
9.3

In the event of non-performance or improper performance of their obligations under this Contract, the Parties shall be liable in accordance with the current legislation of Ukraine.
10.

Force Majeure
10.1

The Parties shall be released from liability for partial or complete non-performance of their obligations under this Contract if such non-performance was caused by force majeure circumstances. Force majeure circumstances are understood to mean extraordinary events that occurred after the signing of this Contract and which the Parties could neither foresee nor prevent by ordinary means. Such force majeure circumstances include floods, fires, earthquakes, and other natural disasters, as well as military actions, decisions of government and administrative bodies, and any other circumstances beyond the control of the Parties that directly hinder the performance of this Contract.
10.2

In the event of non-performance or partial performance of obligations under this Contract as a result of force majeure circumstances, the Party that has suffered the consequences of such circumstances shall promptly send written notice to the other Party within 5 (five) calendar days from the date of the occurrence of such circumstances.
10.3

When the force majeure circumstances cease to exist, one Party shall be obligated to send written notice to the other Party in any case within 5 (five) calendar days from the date of the cessation of such circumstances. The notice must specify the time from which the Party proposes to resume the performance of its obligations under the Contract, if such an opportunity is provided for by the rules of Cambridge English.
10.4

In the event that force majeure circumstances occur during the performance of the Parties' obligations under the Contract, the term of the Contract shall be extended for the duration of the aforementioned circumstances, unless it contradicts the rules provided by Cambridge Assessment English.
10.5

Sufficient evidence of force majeure shall be a document issued by the Chamber of Commerce and Industry of Ukraine (the respective regional chamber).
11.

Final Clauses
11.1

The Service Provider has the right to make changes to the Contract unilaterally by posting a new version on the Service Provider's website. The changes come into effect the day after being posted on the Service Provider's website.
12.

Service Provider's Information
12.1

LLC «Educational Center Grade» (EDRPOU code 38321352) or other third parties engaged. In the case of involving third parties, LLC «Educational Center Grade» acts as an intermediary on a non-paid basis.