The Parties

IE Ina Besarab
345648203
Georgia, Batumi, Tamar Mepe Avenue, N 22a, Apartment N143

hereinafter referred to as the Contractor on the one hand, and a comepletely legally individual (including one
who has reached the legal age of legal capacity) who purchases remote training services in his own interests (hereinafter – the “Customer”) or in the interests of a minor whose legal representative is the Customer.

The Subject

1.1. The Contractor renders paid training services to the Customer, and the Customer undertakes to pay for these services.

1.2. For a full list of services, visit https://2nite.online/.

Acceptance

Acceptance of the offer is considered to be the following actions performed by Customer: receiving IE Ina Besarab funds to pay for English language training services (hereinafter – “services”).

2. The offer is considered accepted and entered into effect on the date of receipt of payment for the services. Acceptance is complete, unconditional and unconditional.

3. The Customer is informed and agrees that the fact, time and date of acceptance of the offer by the Customer are determined on the basis of the Contractor’s data.

Application.

1. This version of the Agreement shall come into effect for new Customer on the publication date. Should the Customer does not agree with the terms and conditions of this version of the Agreement, he/she is guided by the terms and conditions of clause 2.1. of the Agreement. . All subsequent versions of the Agreement shall become effective on the publication date indicated at the top of the relevant version of the Agreement, unless otherwise provided for in such version of the Agreement.

2. The terms of the Agreement apply to classes sold on the site, including all of its subdomains, unless otherwise provided for in the Agreement.

Customer’s representations and warranties

1. Any Customer who enters into the Agreement represents and warrants to the Contractor the following circumstances are actually present and observed:

1.1. The customer is an individual who has full legal capacity and active legal capacity, including having reached the age of full active legal capacity, in accordance with the applicable legislation; or

1.2. The Customer is an individual legal representative (parent, legal guardian or trustee) of the minor and enters into an Agreement on his/her behalf, having previously granted the minor permission to use the services, the legal representative accepts the terms of the Agreement on behalf of the minor and is responsible for the proper use of the services and compliance with the terms of the Agreement by the minor; and

1.3. the conclusion and execution of the Agreement by the Customer does not require the consent or approval of any third parties.

2. The Contractor may at any time to request that the Customer provide information and documents confirming the above guarantees about circumstances, and the Customer shall provide such information and documents within ten (10) calendar days from the date of sending the request.

Amendments

1. The Agreement regarding the cost of services can be changed by publishing the new cost of services on the site by the Contractor, and the cost of prepaid services is not subject to change.

1.1. Each time before making payment for services, the Customer shall read the terms of payment for services. Each time before making a payment for the services, the Customer agrees to the terms of payment for the services in effect on the date of payment. If the Customer does not agree with the new terms of payment, he/she shall be guided by the terms of clause 2.1. the Amendments to the Agreement section of this version of the Agreement.

2. The Agreement regarding other terms and conditions may be changed by the Contractor by publishing a new version of the Agreement on the website.

2.1. The Customer agrees to review the terms and conditions of the new version of the Agreement after the date of its publication. By making payment, the Customer agrees to the terms of the new version of the Agreement. If the Customer does not agree with the terms of the new version of the Agreement, the Customer shall not to pay for the services after the date of publication of the new version of the Agreement, as well as to stop receiving services on the date of full use of paid services by the Customer, whichever of these dates comes earlier. In this case, the Customer may send the Contractor an application for a refund in the manner prescribed by Section 14 of the Agreement. The Agreement terminates on the date of full use of the paid services by the Customer, or on the date when the Contractor receives an application for refund, depending on which of the specified dates occurs earlier.

3. The Customer is informed and agrees that the fact, time and date (where applicable): payment by the Customer, the publication of a new version of the offer, passing of each, including the last (date of full use by the User of the paid services) package session, the termination of the Agreement are determined on the basis of the Contractor data.

2. Payment

2.1. The Customer makes the payment in the order of 100% (one hundred) percent advance payment, in non-cash form, using one of the electronic payment services available on the site. Or by the details, which are listed on the site. When other payment terms, in particular the payment procedure, are provided for on the website, the Customer may pay for the services on the basis of such conditions.

2.2. Services can be paid for partially, with a discount received by the Customer as a result of participation in marketing events (promotions).

2.3. The User’s payment obligations are deemed completed from the moment the funds are credited to the Contractor bank account in full. Date and time of crediting the money to the Contractor’s account.

2.4. Customer is solely responsible for the accuracy of payments made and payment of applicable taxes.

2.5 Statement of the rendered services is considered to be signed by the Customer if there are no claims from the side of the Customer, sent to the Contractor in written form within 5 calendar days after the end of the reporting month. The Customer can receive the Statement of Services by contacting his administrator (at the Customer’s written request – by sending it to the Customer’s e-mail address or by mailing it to the postal address).

3. Order of the class. Classes

3.1. Classes are held in accordance with the Schedule established for the Customer corresponding schedule.

3.2 The volume of the course is from 4 to 12 sessions per month.

3.3 If the instructor is unable to contact the Customer at the scheduled start time of the class, the instructor must notify/communicate with the Customer. A class is considered to have started on schedule, regardless of when the connection is established. If, despite compliance with the provisions of this paragraph, the instructor fails to contact the customer, the class is considered successfully conducted and is subject to payment in full.

3.4. If the Customer does not receive a call or message within five minutes of the scheduled start of the class, the Customer must contact the Contractor.

3.5. The user has the right to change the duration or frequency of classes (if such options are available), by sending the Contractor a notification via messengers available by phone +375445476232 or +995591064285

3.6. At the end of the course, if the Customer uses the paid services in full, the contractor can provide an electronic certificate. The certificate is provided by sending it to the e-mail address specified by the Customer when signing up for the course. The Contractor does not guarantee that the User will master the subject perfectly at any level: it depends on the time spent on learning the subject, the Customer’s abilities and the efforts made (including listening to training materials, as well as other circumstances). The said certificate is issued for reference purposes and the Customer’s level assessment made by the Contractor may differ from that to be made by third parties.

3.7. The User is informed and agrees that: (1) his homework may be fully or partially checked and/or evaluated by means of automatic testing; (2) during the class, the User may be offered tasks related to different levels of the subject in order to work on specific knowledge and skills on the recommendation of the teacher; (3) the fact, date and time of the beginning and end of the lesson, are determined on the basis of data from the Contractor.

4. Rescheduling, canceling, and missing classes

4.1. The User may reschedule or cancel a class by notifying the Provider at least eight (8) hours in advance of the class being rescheduled/cancelled. Failure to comply with the specified period by the Customer means that the Customer agrees to the proposed time of the class, and if the Customer miss the class, such missed class is subject to payment in full. The customer can cancel no more than two (2) classes per month; the number of class reschedules is not limited. The class can only be rescheduled for free time, according to the instructor’s schedule.

4.2. To postpone or cancel a class, the Customer shall, within the period specified in clause 5.1. Contract, sends the Contractor an appropriate notice in messengers or by phone, specified in paragraph 14.1.

4.3. The Executive has the right to reschedule or cancel the lesson, notifying the Customer in messengers or by phone, specified when signing up for the course, at least twenty-four (24) hours before the start of the transferred or canceled lesson.

4.4. The Customer is informed and agrees that the number, time and date of rescheduled, cancelled or missed classes, as well as the grounds (reasons) for such postponements, cancellations or absences are determined based on the Contractor’s data.

5. Suspension of classes

5.1. The customer has the right to suspend services if the following conditions are met:

5.1.1. If classes are suspended for less than ten (10) calendar days, the class schedule is maintained;

5.1.2. If classes are suspended for more than ten (10) calendar days, the class schedule is not maintained;

5.1.3. At the time of the suspension (or immediately after the last class before the suspension), the Customer must pay for at least one (1) subsequent class (future class);

5.1.4. The Customer informs the Executor about the suspension of classes by sending a corresponding notification to the Executor via messenger or by communicating by phone specified in clause 14.1 at least 24 (twenty-four) hours before the beginning of the nearest class. The notice must contain the date and time: 1) the last class before the suspension; 2) the first class after the suspension.

5.2. If the class falls on a public holiday at the place of residence of the Customer or at the location of the Contractor. In this case, classes are not rescheduled and missed lessons are not made up and the lessons are considered taught.

6. Certain types of classes

6.1. A trial session, if provided, is held remotely under the terms and conditions listed on the website. The trial session is subject to a fee. The cost of a trial lesson is part of the cost of the course. If the Customer misses or cancels a trial lesson, the money will not be returned to the Customer and the Contractor has the right to refuse to hold a trial lesson without explanation. If the trial is successful and the Customer buys the course, then the cost of the trial is included in the cost of services.

6.2.1. Classes of conversation clubs can be purchased by the Customer by purchasing an appropriate package of classes on the website. The customer purchasing services can be provided with classes of conversation clubs at no additional cost. In this case, the cost of a package of conversation club classes is part of the cost of services. Specific conditions for the purchase of conversation club classes, including the number of classes in a package, the cost of conversation club packages, as well as other conditions are listed on the website.

6.2.2. The User, who received classes of Talk Clubs without additional payment, the opportunity to attend classes of Talk Clubs is provided subject to the following conditions: (1) availability of classes on the balance, (2) no suspension of classes within the current period of services, (3) attending classes at least one (1) time within three (3) months. If at least one condition is not met, the Contractor has the right to refuse to hold classes of conversation clubs. Subsequent classes of conversation clubs is possible after the purchase of the appropriate package of conversation club classes by the User.

6.3. SmallTalk conversational classes in English (hereinafter – SmallTalk classes) are held in accordance with the terms of the Agreement, taking into account the features provided for in paragraph 7 of the Agreement, with the terms of sections 3.-6. Agreement do not apply. In the case of a site other than the terms of the Agreement, the terms provided on the site shall take precedence.

6.3.1. The duration of one (1) class is twenty (20) minutes. SmallTalk classes are held from 9:00 to 21:00 (Minsk/GMT+3).

6.3.2. SmallTalk classes cannot be cancelled and/or rescheduled. It is at the customer’s discretion to take more than one SmallTalk class in a row.

6.3.3. The subscription period for each paid SmallTalk lesson package: (1) up to and including eight (8) SmallTalk lessons is one calendar month from the date of payment

6.4. Other types of services shall be performed in accordance with the terms of the Agreement, taking into account the specifics specified on the website, with the terms of Sections 3.-6. Agreement do not apply.

7. Technical requirements

7.1. The customer is responsible for ensuring that the minimum technical requirements are met throughout the class and for organizing the workplace before the class. The Contractor shall not be liable for failure to provide services or their improper quality, if the cause is a technical problem with the Internet connection.

7.2. Recommended requirements

– Internet connection: from 8 Mbit/sec;

– The presence of a microphone and web-camera.

– The customer must provide access to a microphone and camera on their technical device in order to conduct the lesson.

8. Responsibility

8.1. The Parties are responsible for non-performance or improper performance of obligations under the Agreement in accordance with applicable law and the terms of the Agreement.

8.2. The Contractor is not responsible for failure to provide and/or improper provision of services in case of violation of the terms hereof by the Customer. If the Customer violates the terms of the Agreement, the services shall be payable in full.

8.3. The liability of the Conductor for canceling classes is limited to refunding the amount paid for them or rescheduling the class for another time. In respect of classes not actually paid by the Customer, received by the latter, in particular as a result of participation in marketing events (promotions) refunds are not made, the transfer of such classes is not carried out.

9. User’s data

9.1. The Customer shall provide the Contractor with all data requested by the site, which is necessary for the provision of services.

9.2. The Customer agrees that the Contractor has the right to record audio and video during classes in order to control the quality and improve the quality of service.

9.3. The Contractor shall have the right to use e-mail, phone number, Skype login, as well as other data provided by the Customer to send the Customer information and promotional materials, including to inform the Customer about any important changes in the work or the Contract.

10. Termination

10.1. The Contract can be terminated on the initiative of the Customer unilaterally by sending a corresponding written motivated notice to the Contractor at [email protected]. The Contract is considered to be terminated on the date of receipt by the Contractor of the relevant notice.

10.2. Refunds are made in accordance with the procedure stipulated in Section 11 of the Agreement.

10.3. If the Customer decides to resume classes after the termination of the Agreement, the cost of classes is determined in accordance with the prices in effect at the time of the resumption.

10.4. The Customer is informed and agrees that the date and time of receipt of the Contractor’s notice of termination shall be determined by the Contractor.

11. Refund

11.1. Refunds are made on the basis of the Customer’s application, drawn up in the form of the Contractor. The application form can be requested from the Contractor. The User sends the completed application (scanned copy) for a refund according to the Contractor’s form to the e-mail address: [email protected]. The application (scanned copies) for a refund must be accompanied by copies of (1) identification documents, and (2) those specified in the application form.

11.2. The Contractor shall consider the application within ten (10) working days from the date of its receipt and, if there are no comments, shall refund the funds in the amount calculated in accordance with the terms of the Contract. The Contractor has the right to request additional documents and/or information necessary to make a refund, in which case the refund is made within ten (10) calendar days after receipt by the Contractor of such documents and/or information.

11.3. An application for a refund shall be equated with the Customer’s unilateral refusal to render the services in respect of which a refund is requested by the Customer. In this case, the Contract shall be considered terminated in whole or in part on the date of receipt by the Contractor of the relevant application for refund.

11.4. The amount of money to be returned to the Customer is calculated for each package of classes in proportion to the cost of services not rendered by the Executor.

11.5. The Executor has received the Customer’s application for a refund, in the manner prescribed in section 14 of the Agreement, provided that the Customer actually took not more than two (2) classes according to the Executor.

11.6. The Contractor shall have the right to deduct payment processing costs from the amount of money to be returned to the Customer.

11.7. Classes not actually paid for by the Customer or paid for, in particular as a result of participation in marketing events (promotions), do not participate in the calculation of the amount of money to be returned to the Customer.

11.8. The Customer is informed and agrees that the date and time of receipt by the Contractor of the application for refund is determined on the basis of the Contractor’s data.

12. Governing law. Dispute resolution.

12.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Belarus.

12.2. All disputes or disagreements arising between the Parties under or in connection with the Contract shall be resolved through negotiations.

12.3. The aggrieved Party has the right to send a claim to the Party. If, within fifteen (15) business days of receipt of the claim by a Party, the aggrieved Party receives no response to the claim or the Parties fail to reach an agreement, the aggrieved Party shall be entitled to refer the dispute to the court.

12.4. The claim and response to the claim can be sent by email.

13. Other provisions

13.1. If any provision of the Agreement is held invalid, void or unenforceable, all other provisions of the Agreement shall remain valid and enforceable in full.

13.2. The Contractor has the right to refuse to provide services, to suspend and/or terminate the provision of services to the Customer in the case of

– termination of the Contract;

– full use by the User of the paid services

– if the Contractor has reasonable grounds to believe that the Customer behaved inappropriately during the class (e.g., was rude to the instructor);

– the User’s violation of the terms of the Agreement;

– if provided for in the Contract.

13.3. Classes not taken by the Customer during the training period, within the classes paid by the Customer are considered not taken due to circumstances related to the User, are not transferred, not compensated, payable in full, funds in respect of such classes are not refundable, services in respect of such classes are considered properly provided (in full and in time), accepted by the Customer without objection and payable on the date of completion of the training period.

13.4. The name and a list of quantitative indicators of service provision, in particular the volume, the period of provision, the cost of services are determined and calculated by the Contractor independently on the basis of the Contractor’s own data and may be available to the Customer in whole or in part on the website. The parties accept the Contractor’s own data as the only reliable source of data defining the quantitative indicators, volume, period, cost, as well as other characteristics of the services rendered. If the Customer has not objected to the services rendered in accordance with clauses 3-4 of the Agreement, the services shall be considered duly rendered (in full and in time), accepted by the User without objection and payable.

14. Contacts

14.1. т.: +995591064285
email – [email protected].