Contract offer
Adela Global LTD, further “The Contractor", offers to conclude this agreement with any interested person, hereinafter referred to as the "Customer", then collectively referred to as the "Parties", separately as the "Party", for the services provided on the Internet resource https://bebestschool.vn /
This agreement is public (offer). The terms of the offer are the same for all clients/Customers, regardless of their status, without giving preference to one client / Customer over another.
1. BASIC CONCEPTS AND DEFINITIONS
Public contract (offer) – a public offer of the Contractor for the provision of services under the terms of this agreement, published on the official Internet resource https://bebestschool.vn / sent and addressed to any person by e-mail (e-mail) or via messenger (Viber, WhatsApp, Telegram, Zoom, etc.), if the Customer does not have the opportunity to get acquainted through electronic resource of the Performer.
The Customer is any person who receives the Contractor's service under the terms of this agreement.
Acceptance – full and unconditional acceptance by the Customer of the offer to conclude this agreement and other conditions provided for on the Website https://bebestschool.vn / The contract is concluded by full and unconditional acceptance of the offer.
Application – the details of the Customer for concluding an agreement on the provision of services on the terms of a public contract (offer). The details are placed by the Customer in the sections of the Internet resource https://bebestschool.vn, including in feedback forms and registration for classes on the site pages.
Services – classes in the study (teaching) of foreign languages provided by the Contractor to the Customer. The services are provided once and/or repeatedly (by subscription/subscription), orally and/or in writing, in person and/or remotely, in the format of individual and/or group classes.
Full–time (day, evening) is a form of learning (teaching) foreign languages by the Customer at the Contractor's location, which provides for conducting training sessions and practical exercises in the presence of a teacher with the Customer.
Distance learning is the interaction of the Customer and at a distance, which reflects all the components inherent in the educational process, and is implemented using Internet technologies or other means involving interactivity.
The Performer's Internet resource is an Internet site https://bebestschool.vn or other resource of the Contractor, on which there is a public contract (offer), information about services, including: website, mobile application, web client to which the Customer has access.
Subscription – the validity period (time period) during which the Contractor is obliged to provide the Customer with the services paid for by the Customer.
Content – the results of the Performer's intellectual activity, including: texts, articles, presentations, templates, lectures, speeches; electronic educational materials; audiovisual works, video courses, phonograms, images; signs for goods and services, commercial designations and brand names, logos; hypertext links, their fragments, information, other objects posted on the Artist's website and Internet resources, to which are granted access to the Customer as a result of acceptance of the offer.
2. SUBJECT OF THE CONTRACT
2.1. The Contractor provides the Customer with the services provided on the Contractor's Internet resource https://bebestschool.vn, and the Customer undertakes to pay them in a timely manner in accordance with the terms of this agreement.
2.2. The Services are provided in accordance with the requirements of the contract and the service chosen by the Customer. The Contractor provides services to the Customer, guided by his professional experience.
2.3. Prices, content, terms, form and other essential conditions for the provision of services are published on the Contractor's Internet resource or sent to the Customer electronically.
2.4. In case of payment by the Customer for services that are not relevant on the date of Acceptance, the Contractor is obliged to offer current services or refund funds if the services cannot be provided. In any case, the Customer himself is responsible for the additional costs and risks associated with the payment of services of irrelevant Acceptance.
2.5. Form of service provision: once and/or repeatedly (by subscription / subscription), orally and/or in writing, in person and/or remotely, in the format of individual and/ or group classes. The services are provided through information and telecommunication systems via video or audio communication, including through special platforms or messengers (Viber, Skype, PruffMe, Zoom, etc.). The services are also provided through the direct work of the teacher in the premises of the Performer.
2.6. Access to resources is provided by the Contractor in advance.
2.7. In the absence of the Customer for consultation / classes through no fault of the Contractor, the funds are not returned and the service is considered rendered.
2.8. The Customer is obliged to provide high-quality Internet connection in a timely manner and check access to the Contractor's Internet resource.
3. THE PROCEDURE FOR CONCLUDING THE CONTRACT
3.1. All terms of the agreement and other conditions provided for on the Internet resource https://bebestschool.vn are binding on the Parties from the moment of acceptance by the Customer.
3.2. If the Customer does not agree with the terms of this agreement, he must not accept and use the service.
3.3. If the Customer does not know or does not understand any essential terms of the service or the contract, he is obliged to contact the Contractor in writing for clarification. Otherwise, he has no right to refer to the fact that he is not aware of or does not understand the essential terms of the service or contract and on this basis to withdraw from the contract after acceptance.
3.4. The Customer who has accepted the contract is considered to be familiar with it and with all other conditions stipulated on the Contractor's Internet resource with the volume, quantity, list of services, terms, cost of services and additional services, if any.
3.5. The acceptance of the offer to conclude a contract and the conclusion of the contract by the Customer is 100% (one hundred percent) payment for the service, which indicates the Customer's accession to the contract and is equivalent to an agreement signed by both parties.
3.6. If the Customer accepts (accepts) the offer to conclude a contract, he is obliged to inform the Contractor of the necessary details: surname, first name, patronymic (if any), place of residence, contact phone number, contact e-mail, other data at the request of the Contractor.
3.7. If the Customer has become aware of the terms of the agreement from third parties and he intends to purchase the Contractor's service, he must first familiarize himself and accept the terms of this agreement by acceptance.
3.8. The Customer is obliged to inform the Contractor about the electronic means of communication convenient for him.
4. THE PROCEDURE FOR PROVIDING AND RECEIVING SERVICES
The terms of service are:
4.1.1.The Customer is fully familiar with and unconditionally agrees with the terms of the Privacy Policy for the protection of personal data;
4.1.2. The Customer is fully familiar with and unconditionally agrees with the terms of this agreement, which is confirmed by Acceptance;
4.1.3.The Customer has accepted the offer (Acceptance) to conclude the contract;
4.1.4. The Customer has paid for the Contractor's services.
4.2. The Services are provided once and/or repeatedly (by subscription / subscription), orally and/or in writing, in person and/or remotely, in the format of individual and/or group classes. The services are provided through information and telecommunication systems via video or audio communication, including through special platforms or messengers (Viber, Skype, PruffMe, Zoom, etc.). The services are also provided through the direct work of the teacher in the premises of the Performer.
4.3. If the services are provided through connection to special platforms or services, the Contractor informs the Customer about it in a timely manner and provides access to them, and the Customer undertakes to download such services and/or connect to them in a timely manner.
4.4. The Customer may change the date and time of classes (cancellation / postponement) subject to the individual form of the service. In this case, the Customer must notify the Contractor of such a change no later than 8 (eight) hours before the time of receipt of the service. Otherwise, the lesson is considered completed, and the service is considered rendered.
4.5. Changing the date and time of classes is possible within the validity of the subscription and is possible only for the individual form of the service.
4.6. If the Customer, due to circumstances beyond the Contractor's control and through no fault of the Contractor, does not receive services within the validity period of the subscription and provided for by the training format, such services are considered to have been provided properly.
4.7. The Contractor has the right to postpone the terms of the provision of the service in case of circumstances beyond its control (illness, technical work of the provider, making it impossible to communicate with the Customer, emergencies, etc.), provided that the Customer is warned at least 3 hours before the start of the service. The time and date of the provision of the service is agreed with the Customer via electronic channels.
4.8. The Customer can get a consultation on the service (no more than 30 (thirty) minutes), subject to the group form of the service and in case of missing classes due to illness (confirmed by a medical certificate). The duration of the consultation is no more than 30 (thirty) minutes, the consultation time is not summed up.
4.9. Webinars/lessons/sessions can be recorded. The customer can get access to them for the period of rendering services. At the same time, in the absence of an entry for technical or independent reasons from the Contractor and the absence of the Customer for consultation through no fault of the Contractor, the services are considered to have been properly rendered.
4.10.Individual oral and/or written consultation can be provided to the Customer.
4.11.If the Customer has any complaints regarding the quantity or quality of services, he is obliged to inform about it immediately, but no later than 3 (three) calendar days from the moment of their occurrence. Claims are sent in writing to the Contractor's email address specified in this agreement.
4.12.Claims are accepted in writing form and considered by the Contractor within 10 calendar days from the date of receipt of the claim.
4.13.In the absence of comments from the Customer within the time specified in clause 4.6, the services are considered to have been rendered in a timely manner and do not require signing the Act of Acceptance and Transfer of the services rendered.
4.14.The privacy policy for the protection of personal data is contained on the Internet resource https://bebestschool .vn or other Internet resource of the Contractor and is an integral part of this agreement. The acceptance confirms the fact that the Customer has familiarized himself with the provisions of the Privacy Policy for the protection of personal data and his consent to their processing.
4.15.The period of acceptance of the offer (acceptance) is determined on the Contractor's Internet resource.
4.16. The Contractor has the right to terminate the provision of services if the Customer has a debt to the Contractor for the payment of services. At the same time, the Contractor is not responsible to the Customer for such termination.
4.17.Information and all materials, including electronic media, audio and video recordings provided to the Customer by the Contractor under this Agreement, may be used exclusively for personal use by the Customer without the right to transfer (for a fee or free of charge) to third parties. If the Customer permits the dissemination of this information, he is liable to the Contractor in the form of a fine in the amount of 1000% of the cost of services paid by the Customer under this agreement.
4.18. The Contractor reserves the right to refuse to provide services and terminate the contract unilaterally without refund of the Customer's funds, with the right to disconnect the Customer from its Internet resources or terminate training, in case the Customer violates the terms of this agreement. If such a fact is discovered, the Customer pays the Contractor a fine in the amount of 1000% of the cost of services paid by the Customer under this agreement. Such violations include:
4.18.1.publication by the Customer of the Contractor's content on external resources (websites, chats, social networks);
4.18.2. publication by the Customer of unreliable, untruthful information about the Contractor prohibited by this Agreement;
4.18.3. publication by the Customer of information inciting ethnic conflicts, containing obscene statements or otherwise insulting other Customers or the Contractor;
4.18.4. publication by the Customer of information on the Contractor's Internet resources that does not relate to the subject of services or publication of advertising information.
4.19.The Contractor reserves the right to refuse to provide services and terminate the contract unilaterally without refund of the money paid by the Customer in the event that it is established that the Customer has transferred the details for receiving services to third parties, including by transferring access or an individual link (URL) to participate in remote classes, online sessions, trainings, etc.
5. TERM AND SCOPE OF SERVICE PROVISION
5.1. The term and number of services provided are indicated on the Contractor's Internet resource https://bebestschool.vn: duration, types, frequency of classes, conditions for the format of training, name of subscriptions, programs and courses, content and structure of programs and courses, terms of subscriptions, other characteristics of services.
5.2. The terms and quantity of services can be specified additionally with each individual Customer, depending on the terms of service provision.
6. PRICE AND PAYMENT FOR SERVICES
6.1. The Customer is obliged to pay for the subscription before the start date of classes, as well as to complete the course during the period of validity of the subscription.
6.2. The Customer pays for the services on the basis of an invoice or without it (with sufficient information about the terms of service provision) in cash or non-cash form to the Contractor's bank account.
6.3. The transfer of funds to the Contractor's account is considered payment.
6.4. The Contractor is not responsible for the services of third parties for the Customer's use of payment services and third-party operators. Any risks associated with the transfer of funds are carried by the Customer before the funds are credited to the Contractor's account.
6.5. The Customer has the right at any time to change the paid subscription in a larger direction and switch from the purchased subscription to a more expensive or more voluminous subscription, subject to additional payment of the difference in cost. In this case, the transfer to another subscription is made the next day after receiving the surcharge.
6.6. If the Customer has made a partial payment for the services previously agreed with the Contractor, the remaining cost of the services must be paid no later than one day before the start date of the service. The approval of partial payments is made through the exchange of electronic messages.
6.7. If the Customer has made a partial payment for services without consent to a partial payment by the Contractor, the Contractor has the right to refuse to provide services and return the partial payment within 5 (five) banking days.
6.8. The funds are returned in the same form and to the same account from which the payment is made, unless otherwise agreed by the Parties.
7. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
The contractor has the right to:
7.1.1.to make changes and additions to the terms of the agreement, notifications of such changes and additions are published on the official Internet resource of the Contractor at least 5 (five) calendar days before their entry into force;
7.1.2.independently determine the cost of services;
7.1.3. independently determine the methods of training;
7.1.4.terminate the provision of services to the Customer who violates the terms of this agreement;
7.1.5.store and process the information that he receives in the process of providing services;
7.1.6. involve third parties in the provision of services, while the Contractor is responsible for the quality and quantity of services to the Customer;
7.1.7. receive from the Customer any information necessary for the provision of services.
2. The contractor is obliged to:
7.2.1.to provide services within the terms and volumes stipulated by this agreement;
7.2.2.take measures in accordance with the current legislation to ensure the confidentiality of the information transmitted by the Customer, as well as information about the Customer and the services received by him;
7.2.3. promptly respond to Customer requests;
7.2.4.to ensure the Customer's timely access to the services;
7.2.5. perform other duties stipulated by this agreement.
8. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
8.1. The Customer has the right to:
8.1.1.to receive the service under the terms of this agreement from the moment of payment for the service;
8.1.2.to receive information from the Contractor about the services provided in accordance with the procedure established by law;
8.1.3.refuse to receive messages/letters from the Contractor. In this case, the Contractor is not responsible for the Customer's failure to receive up-to-date information about the services;
8.1.4.refuse to receive services. The Customer must notify the Contractor in writing of such refusal 14 (fourteen) calendar days before the date of graduation.
8.2. The Customer undertakes:
8.2.1.pay for services;
8.2.2.provide the Contractor with their details: surname, first name, patronymic (if any), place of residence, contact phone number, contact e-mail;
8.2.3.inform the Contractor about the change of their details;
8.2.4.to use the content, information and materials only for personal purposes and for personal use and not to distribute the content obtained during the provision of services;
8.2.5.use the provided service individually;
8.2.6.get acquainted with the current version of the agreement at each entry into the Contractor's Internet;
8.2.7.to compensate losses and pay a fine in case of violation of property and non-property rights, intellectual property and copyrights to the Contractor's Content. In case of detection of the fact of such violation, at the first request of the Contractor to stop the violation;
8.2.8.not to allow the publication of the Contractor's content on external resources, in comments or in chat rooms; not to allow the publication of unreliable, untruthful information about the Contractor or the services received, including those that incite ethnic conflicts, contain obscene statements or otherwise offend other consumers or the Contractor, as well as not to publish on the Internet resources of the Contractor of advertising information and information not related to the subject of services;
8.2.9.not to record Content on video and/or audio media, including for the purpose of transmission to third parties or commercial distribution;
8.2.10.Observe the “School Rules" of the Performer, including during classes in the personal presence of the Performer and the Customer, which are posted on the Performer's Internet resources.
9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE
9.1. The Contractor and the Customer are responsible for violating the terms in accordance with this agreement and the current legislation of the Contractor's country.
9.2. All disputes under the contract between the Contractor and the Customer are resolved through negotiations, and in case of failure to reach an agreement – in accordance with the current legislation of the Contractor's country.
9.3. Neither Party is liable for non-fulfillment or improper fulfillment of the terms of this Agreement, if this is caused by force majeure, which the Parties could not have known in advance or could not have foreseen. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, avalanches, volcanic eruptions and other natural disasters; wars, revolutions, coups, strikes, sabotage and terrorist acts, robberies, accidents in the power supply and communications system, changes in legislation, actions of state bodies and their officials, if these circumstances directly affect the implementation of this agreement, and their occurrence is legally confirmed. During the period of force majeure, the parties have no mutual claims and each party assumes its own risk of the consequences of force majeure.
9.4. The Contractor does not guarantee the absolute error-free nature of the services provided and guarantees that it will make all reasonable efforts and measures to prevent this. If the Customer discovers errors or inaccuracies caused by the Contractor, the Contractor, if available, corrects the mistakes made free of charge as soon as possible.
9.5. The Contractor is not responsible for direct or indirect damage caused to the Customer in accordance with the current legislation of the Contractor's country.
9.6. In case of claims and proposals from the Customer, he can contact the Contractor with a written statement indicating the essence of the problem, his first and last name, as well as the return e-mail address, by sending information to the e-mail address specified in this agreement. The Contractor, having received a written application from the Customer, is obliged to consider it and provide a written response within 30 days. If the received request or request contains a request or a requirement to perform certain actions, the Contractor, if he agrees to perform these actions, performs them without additional written notice, except in cases when, on the merits of the request or request, there is no need to notify the Customer about the satisfaction of the request or requirement.
9.7. Disputes between the parties are considered by the court in accordance with the procedure established by the current legislation of the Contractor's country.
9.8. In case of change of details (surname, first name, patronymic (if any), place of residence, contact phone number, contact e-mail) The Customer is obliged to inform the Contractor about this within 20 days to the email address specified in this agreement.
9.9. The Contractor is not responsible to the Customer for the benefit not received by the latter, regardless of its source of origin.
9.10.For violation of the terms of clauses 4.17, 4.18, 4.18, 8.2.4, 8.2.5, the Customer pays the Contractor a fine in the amount of 1000% of the cost of paid services and reimburses the losses incurred and the benefits not received.
9.11.The parties may voluntarily keep the contract in paper form at their will.
9.12.The Customer is aware that the Contractor is not responsible for the functioning of the software through which the services are provided, as well as for the provision of communication services.
10. POLICY OF REFUSAL OF SERVICES
10.1.The Customer has the right to refuse to provide services on the following conditions:
10.1.1.Refund of funds in case of refusal to provide services is carried out in the amount of 100% of the cost of services paid by the Customer, if access to the content of the services was not opened, training sessions were not conducted, the Contractor did not provide materials to the Customer and the Customer did not log in to the personal account for access or did not receive the content of the services via electronic communication;
10.1.2. The refund of funds, subject to the conditions of clause 10.1.1., received through payment for services, is carried out at the written request of the Customer, which is sent to the Contractor's email address specified in this agreement, no later than 5 (five) calendar days before the start date of training;
10.1.3.The application for refund, subject to the conditions of clause 10.1.1 and clause 10.1.2, must contain: reasons for refusal of services and refund of funds, details for the transfer of funds from which the payment was made, a copy of the Customer's identity document and a copy of the document on payment for services;
10.2. Terms of refund. In the absence of one or more conditions specified in this paragraph, the Contractor has the right to refuse to satisfy the Customer's claim.
10.2.1.The Customer has sent an application for a refund;
10.2.2. To the Contractor on time, no later than 5 (five) calendar days before the start date of training (clause 10.1.2);
10.2.3.The Customer has provided the information in full in accordance with the procedure provided for in clause 10.1.3.
10.3. The decision to return or refuse to return is made by the Contractor within 10 (ten) working days from the date of receipt by the Contractor of the Customer's written application.
10.4.The Parties are not entitled to terminate the contract unilaterally, except in cases provided for by the current legislation of the Contractor's country and this Agreement.
11. FORCE MAJEURE CIRCUMSTANCES
11.1.The Parties are released from liability for partial or complete non-fulfillment of obligations under this Agreement if it was the result of force majeure, such as: natural disasters, fires, floods, strikes, decisions of public authorities and management making it impossible to provide services, other circumstances if they affected the implementation of this agreement.
11.2. In these cases, the deadline for the Parties to fulfill their obligations under the agreement is postponed in accordance with the time during which such circumstances and their consequences apply.
11.3. The party for which the conditions under which it is impossible to fulfill obligations under the agreement due to force majeure circumstances, is obliged to notify the other party in writing of the occurrence of these circumstances without any delay, no later than 10 (ten) days from the date of their occurrence.
11.4. The occurrence of these circumstances is not a reason for the Customer's refusal to pay for training services provided before their occurrence, and the Contractor's refusal to provide training services in accordance with the payment provided by the Customer.
11.5. If force majeure lasts for more than 60 days, each party has the right to raise the issue of termination of this agreement.
12. TERM OF THE AGREEMENT
12.1. The Agreement comes into force from the moment the Customer accepts - 100% (one hundred percent) payment for services and is valid until the Parties fully fulfill their obligations.
12.2. Invalidation of individual clauses of the agreement does not entail the invalidity of the entire agreement.
12.3. During the term of the agreement, the Contractor has the right to make changes to the agreement, which come into force within 5 days from the date of publication on the Internet resource. It is considered that the Customer has agreed to the changes if no written objection from the Customer has been received by the Contractor's e-mail within 3 working days.
14. LOCATION AND DETAILS OF THE CONTRACTOR:
Adela Global LTD
Adress: 190 Kenh Tan Hoa, Phuong Phu Trung. Quan Tan Phu, Thanh pho Ho Chi Minh
Tel: +84 85 700 33 57
This agreement is public (offer). The terms of the offer are the same for all clients/Customers, regardless of their status, without giving preference to one client / Customer over another.
1. BASIC CONCEPTS AND DEFINITIONS
Public contract (offer) – a public offer of the Contractor for the provision of services under the terms of this agreement, published on the official Internet resource https://bebestschool.vn / sent and addressed to any person by e-mail (e-mail) or via messenger (Viber, WhatsApp, Telegram, Zoom, etc.), if the Customer does not have the opportunity to get acquainted through electronic resource of the Performer.
The Customer is any person who receives the Contractor's service under the terms of this agreement.
Acceptance – full and unconditional acceptance by the Customer of the offer to conclude this agreement and other conditions provided for on the Website https://bebestschool.vn / The contract is concluded by full and unconditional acceptance of the offer.
Application – the details of the Customer for concluding an agreement on the provision of services on the terms of a public contract (offer). The details are placed by the Customer in the sections of the Internet resource https://bebestschool.vn, including in feedback forms and registration for classes on the site pages.
Services – classes in the study (teaching) of foreign languages provided by the Contractor to the Customer. The services are provided once and/or repeatedly (by subscription/subscription), orally and/or in writing, in person and/or remotely, in the format of individual and/or group classes.
Full–time (day, evening) is a form of learning (teaching) foreign languages by the Customer at the Contractor's location, which provides for conducting training sessions and practical exercises in the presence of a teacher with the Customer.
Distance learning is the interaction of the Customer and at a distance, which reflects all the components inherent in the educational process, and is implemented using Internet technologies or other means involving interactivity.
The Performer's Internet resource is an Internet site https://bebestschool.vn or other resource of the Contractor, on which there is a public contract (offer), information about services, including: website, mobile application, web client to which the Customer has access.
Subscription – the validity period (time period) during which the Contractor is obliged to provide the Customer with the services paid for by the Customer.
Content – the results of the Performer's intellectual activity, including: texts, articles, presentations, templates, lectures, speeches; electronic educational materials; audiovisual works, video courses, phonograms, images; signs for goods and services, commercial designations and brand names, logos; hypertext links, their fragments, information, other objects posted on the Artist's website and Internet resources, to which are granted access to the Customer as a result of acceptance of the offer.
2. SUBJECT OF THE CONTRACT
2.1. The Contractor provides the Customer with the services provided on the Contractor's Internet resource https://bebestschool.vn, and the Customer undertakes to pay them in a timely manner in accordance with the terms of this agreement.
2.2. The Services are provided in accordance with the requirements of the contract and the service chosen by the Customer. The Contractor provides services to the Customer, guided by his professional experience.
2.3. Prices, content, terms, form and other essential conditions for the provision of services are published on the Contractor's Internet resource or sent to the Customer electronically.
2.4. In case of payment by the Customer for services that are not relevant on the date of Acceptance, the Contractor is obliged to offer current services or refund funds if the services cannot be provided. In any case, the Customer himself is responsible for the additional costs and risks associated with the payment of services of irrelevant Acceptance.
2.5. Form of service provision: once and/or repeatedly (by subscription / subscription), orally and/or in writing, in person and/or remotely, in the format of individual and/ or group classes. The services are provided through information and telecommunication systems via video or audio communication, including through special platforms or messengers (Viber, Skype, PruffMe, Zoom, etc.). The services are also provided through the direct work of the teacher in the premises of the Performer.
2.6. Access to resources is provided by the Contractor in advance.
2.7. In the absence of the Customer for consultation / classes through no fault of the Contractor, the funds are not returned and the service is considered rendered.
2.8. The Customer is obliged to provide high-quality Internet connection in a timely manner and check access to the Contractor's Internet resource.
3. THE PROCEDURE FOR CONCLUDING THE CONTRACT
3.1. All terms of the agreement and other conditions provided for on the Internet resource https://bebestschool.vn are binding on the Parties from the moment of acceptance by the Customer.
3.2. If the Customer does not agree with the terms of this agreement, he must not accept and use the service.
3.3. If the Customer does not know or does not understand any essential terms of the service or the contract, he is obliged to contact the Contractor in writing for clarification. Otherwise, he has no right to refer to the fact that he is not aware of or does not understand the essential terms of the service or contract and on this basis to withdraw from the contract after acceptance.
3.4. The Customer who has accepted the contract is considered to be familiar with it and with all other conditions stipulated on the Contractor's Internet resource with the volume, quantity, list of services, terms, cost of services and additional services, if any.
3.5. The acceptance of the offer to conclude a contract and the conclusion of the contract by the Customer is 100% (one hundred percent) payment for the service, which indicates the Customer's accession to the contract and is equivalent to an agreement signed by both parties.
3.6. If the Customer accepts (accepts) the offer to conclude a contract, he is obliged to inform the Contractor of the necessary details: surname, first name, patronymic (if any), place of residence, contact phone number, contact e-mail, other data at the request of the Contractor.
3.7. If the Customer has become aware of the terms of the agreement from third parties and he intends to purchase the Contractor's service, he must first familiarize himself and accept the terms of this agreement by acceptance.
3.8. The Customer is obliged to inform the Contractor about the electronic means of communication convenient for him.
4. THE PROCEDURE FOR PROVIDING AND RECEIVING SERVICES
The terms of service are:
4.1.1.The Customer is fully familiar with and unconditionally agrees with the terms of the Privacy Policy for the protection of personal data;
4.1.2. The Customer is fully familiar with and unconditionally agrees with the terms of this agreement, which is confirmed by Acceptance;
4.1.3.The Customer has accepted the offer (Acceptance) to conclude the contract;
4.1.4. The Customer has paid for the Contractor's services.
4.2. The Services are provided once and/or repeatedly (by subscription / subscription), orally and/or in writing, in person and/or remotely, in the format of individual and/or group classes. The services are provided through information and telecommunication systems via video or audio communication, including through special platforms or messengers (Viber, Skype, PruffMe, Zoom, etc.). The services are also provided through the direct work of the teacher in the premises of the Performer.
4.3. If the services are provided through connection to special platforms or services, the Contractor informs the Customer about it in a timely manner and provides access to them, and the Customer undertakes to download such services and/or connect to them in a timely manner.
4.4. The Customer may change the date and time of classes (cancellation / postponement) subject to the individual form of the service. In this case, the Customer must notify the Contractor of such a change no later than 8 (eight) hours before the time of receipt of the service. Otherwise, the lesson is considered completed, and the service is considered rendered.
4.5. Changing the date and time of classes is possible within the validity of the subscription and is possible only for the individual form of the service.
4.6. If the Customer, due to circumstances beyond the Contractor's control and through no fault of the Contractor, does not receive services within the validity period of the subscription and provided for by the training format, such services are considered to have been provided properly.
4.7. The Contractor has the right to postpone the terms of the provision of the service in case of circumstances beyond its control (illness, technical work of the provider, making it impossible to communicate with the Customer, emergencies, etc.), provided that the Customer is warned at least 3 hours before the start of the service. The time and date of the provision of the service is agreed with the Customer via electronic channels.
4.8. The Customer can get a consultation on the service (no more than 30 (thirty) minutes), subject to the group form of the service and in case of missing classes due to illness (confirmed by a medical certificate). The duration of the consultation is no more than 30 (thirty) minutes, the consultation time is not summed up.
4.9. Webinars/lessons/sessions can be recorded. The customer can get access to them for the period of rendering services. At the same time, in the absence of an entry for technical or independent reasons from the Contractor and the absence of the Customer for consultation through no fault of the Contractor, the services are considered to have been properly rendered.
4.10.Individual oral and/or written consultation can be provided to the Customer.
4.11.If the Customer has any complaints regarding the quantity or quality of services, he is obliged to inform about it immediately, but no later than 3 (three) calendar days from the moment of their occurrence. Claims are sent in writing to the Contractor's email address specified in this agreement.
4.12.Claims are accepted in writing form and considered by the Contractor within 10 calendar days from the date of receipt of the claim.
4.13.In the absence of comments from the Customer within the time specified in clause 4.6, the services are considered to have been rendered in a timely manner and do not require signing the Act of Acceptance and Transfer of the services rendered.
4.14.The privacy policy for the protection of personal data is contained on the Internet resource https://bebestschool .vn or other Internet resource of the Contractor and is an integral part of this agreement. The acceptance confirms the fact that the Customer has familiarized himself with the provisions of the Privacy Policy for the protection of personal data and his consent to their processing.
4.15.The period of acceptance of the offer (acceptance) is determined on the Contractor's Internet resource.
4.16. The Contractor has the right to terminate the provision of services if the Customer has a debt to the Contractor for the payment of services. At the same time, the Contractor is not responsible to the Customer for such termination.
4.17.Information and all materials, including electronic media, audio and video recordings provided to the Customer by the Contractor under this Agreement, may be used exclusively for personal use by the Customer without the right to transfer (for a fee or free of charge) to third parties. If the Customer permits the dissemination of this information, he is liable to the Contractor in the form of a fine in the amount of 1000% of the cost of services paid by the Customer under this agreement.
4.18. The Contractor reserves the right to refuse to provide services and terminate the contract unilaterally without refund of the Customer's funds, with the right to disconnect the Customer from its Internet resources or terminate training, in case the Customer violates the terms of this agreement. If such a fact is discovered, the Customer pays the Contractor a fine in the amount of 1000% of the cost of services paid by the Customer under this agreement. Such violations include:
4.18.1.publication by the Customer of the Contractor's content on external resources (websites, chats, social networks);
4.18.2. publication by the Customer of unreliable, untruthful information about the Contractor prohibited by this Agreement;
4.18.3. publication by the Customer of information inciting ethnic conflicts, containing obscene statements or otherwise insulting other Customers or the Contractor;
4.18.4. publication by the Customer of information on the Contractor's Internet resources that does not relate to the subject of services or publication of advertising information.
4.19.The Contractor reserves the right to refuse to provide services and terminate the contract unilaterally without refund of the money paid by the Customer in the event that it is established that the Customer has transferred the details for receiving services to third parties, including by transferring access or an individual link (URL) to participate in remote classes, online sessions, trainings, etc.
5. TERM AND SCOPE OF SERVICE PROVISION
5.1. The term and number of services provided are indicated on the Contractor's Internet resource https://bebestschool.vn: duration, types, frequency of classes, conditions for the format of training, name of subscriptions, programs and courses, content and structure of programs and courses, terms of subscriptions, other characteristics of services.
5.2. The terms and quantity of services can be specified additionally with each individual Customer, depending on the terms of service provision.
6. PRICE AND PAYMENT FOR SERVICES
6.1. The Customer is obliged to pay for the subscription before the start date of classes, as well as to complete the course during the period of validity of the subscription.
6.2. The Customer pays for the services on the basis of an invoice or without it (with sufficient information about the terms of service provision) in cash or non-cash form to the Contractor's bank account.
6.3. The transfer of funds to the Contractor's account is considered payment.
6.4. The Contractor is not responsible for the services of third parties for the Customer's use of payment services and third-party operators. Any risks associated with the transfer of funds are carried by the Customer before the funds are credited to the Contractor's account.
6.5. The Customer has the right at any time to change the paid subscription in a larger direction and switch from the purchased subscription to a more expensive or more voluminous subscription, subject to additional payment of the difference in cost. In this case, the transfer to another subscription is made the next day after receiving the surcharge.
6.6. If the Customer has made a partial payment for the services previously agreed with the Contractor, the remaining cost of the services must be paid no later than one day before the start date of the service. The approval of partial payments is made through the exchange of electronic messages.
6.7. If the Customer has made a partial payment for services without consent to a partial payment by the Contractor, the Contractor has the right to refuse to provide services and return the partial payment within 5 (five) banking days.
6.8. The funds are returned in the same form and to the same account from which the payment is made, unless otherwise agreed by the Parties.
7. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
The contractor has the right to:
7.1.1.to make changes and additions to the terms of the agreement, notifications of such changes and additions are published on the official Internet resource of the Contractor at least 5 (five) calendar days before their entry into force;
7.1.2.independently determine the cost of services;
7.1.3. independently determine the methods of training;
7.1.4.terminate the provision of services to the Customer who violates the terms of this agreement;
7.1.5.store and process the information that he receives in the process of providing services;
7.1.6. involve third parties in the provision of services, while the Contractor is responsible for the quality and quantity of services to the Customer;
7.1.7. receive from the Customer any information necessary for the provision of services.
2. The contractor is obliged to:
7.2.1.to provide services within the terms and volumes stipulated by this agreement;
7.2.2.take measures in accordance with the current legislation to ensure the confidentiality of the information transmitted by the Customer, as well as information about the Customer and the services received by him;
7.2.3. promptly respond to Customer requests;
7.2.4.to ensure the Customer's timely access to the services;
7.2.5. perform other duties stipulated by this agreement.
8. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
8.1. The Customer has the right to:
8.1.1.to receive the service under the terms of this agreement from the moment of payment for the service;
8.1.2.to receive information from the Contractor about the services provided in accordance with the procedure established by law;
8.1.3.refuse to receive messages/letters from the Contractor. In this case, the Contractor is not responsible for the Customer's failure to receive up-to-date information about the services;
8.1.4.refuse to receive services. The Customer must notify the Contractor in writing of such refusal 14 (fourteen) calendar days before the date of graduation.
8.2. The Customer undertakes:
8.2.1.pay for services;
8.2.2.provide the Contractor with their details: surname, first name, patronymic (if any), place of residence, contact phone number, contact e-mail;
8.2.3.inform the Contractor about the change of their details;
8.2.4.to use the content, information and materials only for personal purposes and for personal use and not to distribute the content obtained during the provision of services;
8.2.5.use the provided service individually;
8.2.6.get acquainted with the current version of the agreement at each entry into the Contractor's Internet;
8.2.7.to compensate losses and pay a fine in case of violation of property and non-property rights, intellectual property and copyrights to the Contractor's Content. In case of detection of the fact of such violation, at the first request of the Contractor to stop the violation;
8.2.8.not to allow the publication of the Contractor's content on external resources, in comments or in chat rooms; not to allow the publication of unreliable, untruthful information about the Contractor or the services received, including those that incite ethnic conflicts, contain obscene statements or otherwise offend other consumers or the Contractor, as well as not to publish on the Internet resources of the Contractor of advertising information and information not related to the subject of services;
8.2.9.not to record Content on video and/or audio media, including for the purpose of transmission to third parties or commercial distribution;
8.2.10.Observe the “School Rules" of the Performer, including during classes in the personal presence of the Performer and the Customer, which are posted on the Performer's Internet resources.
9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE
9.1. The Contractor and the Customer are responsible for violating the terms in accordance with this agreement and the current legislation of the Contractor's country.
9.2. All disputes under the contract between the Contractor and the Customer are resolved through negotiations, and in case of failure to reach an agreement – in accordance with the current legislation of the Contractor's country.
9.3. Neither Party is liable for non-fulfillment or improper fulfillment of the terms of this Agreement, if this is caused by force majeure, which the Parties could not have known in advance or could not have foreseen. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, avalanches, volcanic eruptions and other natural disasters; wars, revolutions, coups, strikes, sabotage and terrorist acts, robberies, accidents in the power supply and communications system, changes in legislation, actions of state bodies and their officials, if these circumstances directly affect the implementation of this agreement, and their occurrence is legally confirmed. During the period of force majeure, the parties have no mutual claims and each party assumes its own risk of the consequences of force majeure.
9.4. The Contractor does not guarantee the absolute error-free nature of the services provided and guarantees that it will make all reasonable efforts and measures to prevent this. If the Customer discovers errors or inaccuracies caused by the Contractor, the Contractor, if available, corrects the mistakes made free of charge as soon as possible.
9.5. The Contractor is not responsible for direct or indirect damage caused to the Customer in accordance with the current legislation of the Contractor's country.
9.6. In case of claims and proposals from the Customer, he can contact the Contractor with a written statement indicating the essence of the problem, his first and last name, as well as the return e-mail address, by sending information to the e-mail address specified in this agreement. The Contractor, having received a written application from the Customer, is obliged to consider it and provide a written response within 30 days. If the received request or request contains a request or a requirement to perform certain actions, the Contractor, if he agrees to perform these actions, performs them without additional written notice, except in cases when, on the merits of the request or request, there is no need to notify the Customer about the satisfaction of the request or requirement.
9.7. Disputes between the parties are considered by the court in accordance with the procedure established by the current legislation of the Contractor's country.
9.8. In case of change of details (surname, first name, patronymic (if any), place of residence, contact phone number, contact e-mail) The Customer is obliged to inform the Contractor about this within 20 days to the email address specified in this agreement.
9.9. The Contractor is not responsible to the Customer for the benefit not received by the latter, regardless of its source of origin.
9.10.For violation of the terms of clauses 4.17, 4.18, 4.18, 8.2.4, 8.2.5, the Customer pays the Contractor a fine in the amount of 1000% of the cost of paid services and reimburses the losses incurred and the benefits not received.
9.11.The parties may voluntarily keep the contract in paper form at their will.
9.12.The Customer is aware that the Contractor is not responsible for the functioning of the software through which the services are provided, as well as for the provision of communication services.
10. POLICY OF REFUSAL OF SERVICES
10.1.The Customer has the right to refuse to provide services on the following conditions:
10.1.1.Refund of funds in case of refusal to provide services is carried out in the amount of 100% of the cost of services paid by the Customer, if access to the content of the services was not opened, training sessions were not conducted, the Contractor did not provide materials to the Customer and the Customer did not log in to the personal account for access or did not receive the content of the services via electronic communication;
10.1.2. The refund of funds, subject to the conditions of clause 10.1.1., received through payment for services, is carried out at the written request of the Customer, which is sent to the Contractor's email address specified in this agreement, no later than 5 (five) calendar days before the start date of training;
10.1.3.The application for refund, subject to the conditions of clause 10.1.1 and clause 10.1.2, must contain: reasons for refusal of services and refund of funds, details for the transfer of funds from which the payment was made, a copy of the Customer's identity document and a copy of the document on payment for services;
10.2. Terms of refund. In the absence of one or more conditions specified in this paragraph, the Contractor has the right to refuse to satisfy the Customer's claim.
10.2.1.The Customer has sent an application for a refund;
10.2.2. To the Contractor on time, no later than 5 (five) calendar days before the start date of training (clause 10.1.2);
10.2.3.The Customer has provided the information in full in accordance with the procedure provided for in clause 10.1.3.
10.3. The decision to return or refuse to return is made by the Contractor within 10 (ten) working days from the date of receipt by the Contractor of the Customer's written application.
10.4.The Parties are not entitled to terminate the contract unilaterally, except in cases provided for by the current legislation of the Contractor's country and this Agreement.
11. FORCE MAJEURE CIRCUMSTANCES
11.1.The Parties are released from liability for partial or complete non-fulfillment of obligations under this Agreement if it was the result of force majeure, such as: natural disasters, fires, floods, strikes, decisions of public authorities and management making it impossible to provide services, other circumstances if they affected the implementation of this agreement.
11.2. In these cases, the deadline for the Parties to fulfill their obligations under the agreement is postponed in accordance with the time during which such circumstances and their consequences apply.
11.3. The party for which the conditions under which it is impossible to fulfill obligations under the agreement due to force majeure circumstances, is obliged to notify the other party in writing of the occurrence of these circumstances without any delay, no later than 10 (ten) days from the date of their occurrence.
11.4. The occurrence of these circumstances is not a reason for the Customer's refusal to pay for training services provided before their occurrence, and the Contractor's refusal to provide training services in accordance with the payment provided by the Customer.
11.5. If force majeure lasts for more than 60 days, each party has the right to raise the issue of termination of this agreement.
12. TERM OF THE AGREEMENT
12.1. The Agreement comes into force from the moment the Customer accepts - 100% (one hundred percent) payment for services and is valid until the Parties fully fulfill their obligations.
12.2. Invalidation of individual clauses of the agreement does not entail the invalidity of the entire agreement.
12.3. During the term of the agreement, the Contractor has the right to make changes to the agreement, which come into force within 5 days from the date of publication on the Internet resource. It is considered that the Customer has agreed to the changes if no written objection from the Customer has been received by the Contractor's e-mail within 3 working days.
14. LOCATION AND DETAILS OF THE CONTRACTOR:
Adela Global LTD
Adress: 190 Kenh Tan Hoa, Phuong Phu Trung. Quan Tan Phu, Thanh pho Ho Chi Minh
Tel: +84 85 700 33 57
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