This Public Offer Agreement for Educational Services is made to regulate the provision of English language learning services and sets out the terms and conditions for providing these educational services on the Platform, located on the internet resource via the hyperlink: ` (hereinafter referred to as the "Platform"). It constitutes a public offer (proposal) by the responsible Service Provider (a legal entity or individual entrepreneur) who possesses the necessary informational and labor resources, knowledge, teaching materials, and capabilities to carry out the educational process within the framework of the educational services for English language learning for an unlimited number of individuals who intend to receive these services under Articles 633, 634, 641, 644 of the Civil Code of Ukraine. By making this offer, the responsible Service Provider is entering into this Public Offer Agreement for Educational Services (hereinafter referred to as the "Agreement") under the following terms:
1. General Provisions
1.1 The relationship between the responsible Service Provider and the Customer is governed by this Agreement.
1.2 The Public Offer Agreement is a public accession contract, regulated by Articles 633, 634, 641, 644 of the Civil Code of Ukraine.
1.3 The terms of this Agreement apply equally to all customers who intend to receive English language learning services (hereinafter referred to as "Services").
1.4 By submitting an order on the Platform for the intention to receive Services from the responsible Service Provider, the Customer accepts the terms of this Agreement and confirms that they have reviewed and agreed to its terms.
1.5 The following terms are used in this Agreement with the meanings defined below:
- Platform – the official webpage located at the internet address: https://www.live-english.com.ua/, where information about the Services of all responsible Service Providers, their cost, and the procedure for obtaining them is published. By accepting the offer of the responsible Service Provider, the Customer agrees to the terms of this Agreement.
- Operator – a legal entity that lawfully uses the Platform to organize the provision of educational services and is authorized to manage the Platform for providing Services to the Customer.
- Customer – any individual, individual entrepreneur, or legal entity that orders Services on the Platform from the responsible Service Provider by submitting an order on the Platform indicating their intention to receive Services and pays for the Services according to the conditions and methods provided in this Agreement, thereby confirming their intention to accept this Agreement.
- Service Provider (Responsible Service Provider) – a business entity possessing the necessary informational and labor resources, knowledge, teaching materials, and capabilities to carry out the educational process within the scope of English language learning services and offering these Services by posting relevant proposals on the Platform.
- Services – educational services for learning English, listed on the Platform. The list, description, and cost of Services are posted on the Platform in the form of offers, publications, or posts by responsible Service Providers.
- Acceptance of the Agreement – the acceptance of this Agreement is understood as the submission of an order by the Customer for Services from the responsible Service Provider, confirmed by an acknowledgment letter on the Platform, and payment for Services as per the announcements, offers, or publications posted on the Platform.
1.6 The right to use the Platform may be transferred to the responsible Service Providers for the provision of educational services to Customers.
2. Subject of the Agreement
2.1 The Service Provider agrees to provide the Services listed on the Platform and indicated in the Customer’s order, and the Customer agrees to accept and pay for the chosen Services.
2.2 English language learning services are provided by the Service Provider within the framework of the course chosen by the Customer and specified in the Customer's order, based on information posted on the Platform regarding the list of Services.
2.3 The Platform contains information about each individual course, such as the total duration of the course, the number of lessons and their duration, the schedule, the number of students in the group, the cost, etc.
2.4 Before providing Services under this Agreement, the Parties agree on the schedule and lesson timetable. The total duration of each individual course may be modified by mutual consent of the Parties through the conclusion of an Additional Agreement to this Agreement.
2.5 Services are provided by the Service Provider with the involvement of teaching and methodological literature for learning English from publishers chosen by the Service Provider, on both a paid and free basis, as part of the Services chosen by the Customer.
2.6 The performance of this Agreement in terms of conducting English language lessons may be assigned to third parties—qualified teachers hired by the Service Provider. However, the responsibility for any violations of the terms of this Agreement when involving third parties in service provision remains with the Service Provider.
2.7 Services are provided in a group or individually based on the Customer's order.
3. Rules for Joining the Agreement (Acceptance of the Offer)
3.1 Joining this Agreement and agreeing to all its terms occurs by placing an order and making payment for the educational services specified in the confirmation letter from the Contractor regarding enrollment, which includes detailed information about the training and payment details.
3.2 The Contractor's confirmation letter is sent to the Customer's email and contains information:
- about the Customer’s intent to join this Agreement;
- about the Customer's agreement with all terms of this Agreement;
- about the course name, level, total duration, number of classes and their duration, number of participants, and the cost of the selected course;
- about the schedule and timetable for classes;
- about the amount and terms of payment.
4. Conditions for Providing Services
4.1 Enrollment of the Customer in the selected educational program is carried out by the Contractor under the condition of:
- the Customer passing a free preliminary test to determine their level of knowledge;
- the Customer making payment for the educational services according to the terms of Section 7 "Conditions for Acceptance and Payment for Services" of this Agreement.
5. Rights of the Parties
5.1 The Contractor has the right to:
5.1.1 Conduct group tests for multiple Customers or individually through the Contractor's center if there are few candidates.
5.1.2 Develop and adjust the training plan, including modifying the program's scope and the order of study within the limits provided by the methodological recommendations of the international publishers' textbooks used in the training and service provision process.
5.1.3 Conduct preliminary testing of the Customer, as well as periodic knowledge assessments during the training period according to the chosen program.
5.1.4 Regulate the class schedule:
- set the Customer's attendance schedule and class timetable for the selected course;
- modify the attendance schedule and class timetable by mutual agreement of both Parties in case classes cannot be held as planned.
5.1.5 Replace the instructor during the term of this Agreement with a specialist of equivalent qualifications if the previous instructor can no longer provide services.
5.1.6 Make decisions about disbanding a group if fewer than four people remain, continuing to fulfill the terms of this Agreement. In this case, the Contractor must offer the Customer a transfer to another group with a similar level of knowledge and preparation. If a transfer is not possible, the Contractor is obligated to refund the payment for the classes not conducted.
5.1.7 The Contractor has the right to change the training format from in-person to online (remote) in case of special measures, regimes, bans, or restrictions imposed by government authorities that make in-person training impossible. If the training format changes, the Contractor will recalculate the paid cost.
5.1.8 Exercise other rights provided by the current legislation of Ukraine.
5.2 The Customer has the right to:
5.2.1 Receive services on time and of good quality.
5.2.2 Receive full and timely information from the Contractor about the organization and delivery of services.
5.2.3 Take a preliminary test to determine their knowledge level and select the correct training program (free of charge).
5.2.4 Receive a certificate from the school for completing the course upon successful completion of the final test.
5.2.5 Exercise other rights provided by the current legislation of Ukraine.
6. Obligations of the Parties
6.1 The Contractor is obligated to:
6.1.1 Create appropriate conditions for providing educational services, specifically:
- provide premises or a platform for conducting English language lessons;
- promptly provide the Customer with complete information regarding the organization and conduct of classes as part of the educational services;
- appoint an experienced and qualified instructor to conduct the classes;
- provide the Customer with necessary methodological materials and literature either on a paid or free basis.
6.1.2 Conduct preliminary testing free of charge to determine the Customer’s knowledge level.
6.1.3 Familiarize the Customer with the Rules and conditions of the training.
6.2 The Customer is obligated to:
6.2.1 Accept and pay for the Services on time according to the conditions of Section 7 "Conditions for Acceptance and Payment for Services" of this Agreement.
6.2.2 Notify the Contractor in advance about any class absences.
6.2.3 Comply with the Rules and conditions of the training, as well as fire safety rules while on the Contractor’s premises.
6.2.4 Not copy, transfer, or distribute the methodological materials and literature provided to the Customer by the Contractor for temporary free use during the training.
6.2.5 If the Customer is unable to attend the course for any reason, they must notify the Contractor via email to the address specified on the Platform. The conditions for terminating the Agreement are outlined in paragraphs 8.6 and 8.7 of the Agreement. The Agreement is considered terminated from the moment the Contractor receives the relevant email at the email address specified in this Agreement.
7. Conditions for Acceptance and Payment of Services
7.1 Payment for the Contractor's Services is made according to the prices listed on the Platform. All expenses related to transferring funds for the services provided under this Agreement are paid by the Customer.
7.2 The amount to be paid by the Customer for the Services is determined in the Contractor's confirmation letter.
7.3 Payment for Services is made according to the payment details provided in the confirmation letter.
7.4 The Customer is obligated to pay for the Services within five working days from receiving the Contractor’s confirmation letter, but no later than the payment deadlines specified in the letter.
7.5 If the Customer is unable to attend classes, they may freeze the remaining funds and use them within one calendar year from the moment the training is temporarily suspended. The Customer must notify the Contractor by email at the official email address info@live-english.com.ua.
7.6 In the event of the Customer's absence from scheduled classes during which the Contractor has provided services, regardless of the reason for the absence, the paid funds are non-refundable.
7.7 A full refund of the paid amount, minus the cost of attended classes, will be made upon the Customer’s request if no more than 10 (ten) calendar days have passed since the beginning of the Customer’s training.
7.8 A refund will be made based on a request from the Customer, written in any form. The request may be submitted to the Contractor in person at the service location or sent by email to info@live-english.com.ua.
8. Term of the Agreement, Procedure and Grounds for Amendments or Termination of the Agreement
8.1 This Agreement comes into effect after the Customer fully performs Section 4 of this Agreement and terminates upon the completion of the last class of the course.
8.2 The terms of the Agreement may be amended by the Contractor by posting changes on the Platform or providing a new version of the Agreement, which will take effect for subsequent Services. The Contractor sends a confirmation letter regarding enrollment in the new course and provides a link to the new version of the Agreement.
8.3 If the Contractor is unable to provide the Services due to their fault, the Customer will receive a 100% refund if the Services have not been provided, or a refund of the remaining amount for the services not provided according to the Customer's order.
8.4 The Contractor has the right to terminate the Agreement unilaterally if the Customer fails to comply with or violates clause 7.3 and the requirements of Section 7 "Conditions for Acceptance and Payment of Services" of this Agreement. Termination of this Agreement on this basis does not release the Customer from liability for non-fulfillment or violation of obligations under this Agreement.
8.5 The Contractor has the right to terminate this Agreement unilaterally if it is impossible to continue its execution based on the grounds outlined in paragraph 5.1.6 of the Agreement or in the case of systematic violations by the Customer of the Rules of Training.
8.6 The Contractor has the right to terminate this Agreement unilaterally if the Customer behaves unethically toward other members of the group or the staff of the center; any paid funds will not be refunded to the Customer.
8.7 The Customer has the right to terminate this Agreement unilaterally due to the inability to attend the course for any reason or if the Services, considering their characteristics or other circumstances, do not meet the Customer’s interests.
8.8 In the case of early termination of the Agreement by the Customer, the paid funds will not be refunded.
9. Confidentiality
9.1 Upon publishing this Agreement, the Contractor and the instructors involved in providing the Services agree not to disclose confidential information about the provision of educational services or any information that may become known to them during the execution of this Agreement to third parties.
9.2 By signing this Agreement, the Customer provides consent/permission for the processing of Personal Data (any information relating to the Customer, including but not limited to surname, first name, patronymic, passport data, identification code, date and place of birth, citizenship, residential and registration address, family, social, property status, education, profession, income, contact phone numbers, email address, etc. (hereinafter referred to as "Personal Data")) by the Contractor and the instructors involved in providing educational services.
9.3 The Contractor/Operator and the instructors involved in providing educational services agree to ensure proper protection of the Customer's personal data and to prevent its disclosure in accordance with the requirements of current Ukrainian legislation.
10. Disputes and Liability of the Parties
10.1 Disputes arising between the Parties shall be resolved through negotiations, and if no agreement is reached, they shall be settled in court in accordance with the current legislation of Ukraine.
10.2 In resolving issues not covered by this Agreement, the provisions of the current legislation of Ukraine shall apply.
10.3 In the event of non-performance or improper performance of their obligations under this Agreement, the Parties shall be liable as prescribed by the current legislation of Ukraine.
11. Force Majeure (Circumstances of Force Majeure)
11.1 The Parties shall be released from liability for partial or full non-performance of their obligations under this Agreement if such non-performance is caused by force majeure circumstances (circumstances of irresistible force). Force majeure circumstances are extraordinary events that occur after the signing of this Agreement and that the Parties could neither foresee nor prevent by ordinary means. Such force majeure circumstances include floods, fires, earthquakes, and other natural phenomena, as well as military actions, any decisions of governmental and administrative bodies, and any other circumstances beyond the control of the Parties that directly hinder the performance of this Agreement.
11.2 In the event of non-performance or partial performance of obligations under this Agreement due to the occurrence of force majeure circumstances, the Party affected by such circumstances must immediately send written notice to the other Party via email within 5 (five) calendar days from the occurrence of such circumstances.
11.3 Once the force majeure circumstances have ended, the affected Party must send written notice to the other Party via email within 5 (five) calendar days from the cessation of such circumstances. The notice should specify the date/period after which it is possible to resume the performance of the obligations under the Agreement.
11.4 A document issued by the Chamber of Commerce and Industry of Ukraine (or the relevant regional chamber) shall serve as sufficient evidence of the occurrence of force majeure circumstances.
11.5 If the mentioned circumstances last for more than 30 (thirty) calendar days, each Party has the right to unilaterally terminate this Agreement by sending written notice via email to the other Party. Such notice shall be sent by the Party intending to terminate the Agreement at least 10 calendar days before the anticipated termination date. In such a case, the Contractor shall refund the prepayment made by the Customer, excluding the cost of the services actually rendered, in a manner agreed upon by the Parties via email correspondence.