Effective Date 14.12.2023
Last Revision
These Terms and Conditions apply to all educational services offered by Kseniia Drobinska (hereinafter referred to as the "Trainer"), including individual and group English language lessons, as well as language teacher training (hereinafter referred to as the "Services").
These Terms and Conditions are obligatory for application when purchasing/ordering any Services and constitute a contract between the Parties (hereinafter referred to as the "Contract"). Payment for lessons signifies the unconditional acceptance of the terms of this offer by the Customer/Student.
These Terms and Conditions are not an unconditional invitation to enter into a contract; the Trainer or the Student may refuse to enter into a contract after the Student's testing has been conducted.
TERMINOLOGY
Trainer - Kseniia Drobinska, address: Friedrich-Ebert Strasse, 59, Schwetzingen, Germany 68723, Tax ID: 43114/04414, Email: kd@englishtrainer.online, Phone: +49 151 23144003. All services for individual and group lessons, as well as training, are exclusively provided by Kseniia Drobinska.
Individual Session - an educational session in the "Trainer – Student" format.
Group Session - an educational session in the "Trainer – Group (two or more Students)" format. The group is formed by the Trainer; it can also be formed by the Customer or Students independently. An individual Student may be given the opportunity to join a group.
Language Teacher Training - an educational session in the format of a webinar, seminar, or a series of webinars/seminars for foreign language teachers with the aim of teaching and practicing teaching methods on a pre-agreed topic.
Testing - the initial consultation by the Trainer to determine the Student's language level and learning goals, lasting up to 30 minutes. Testing is free for individual Students and is not an obligation for the Student or the Trainer to enter into a Contract. Testing for groups of Students, in cases where the Customer is a legal entity, is paid according to the rates published on the Trainer's website. Preliminary testing is a mandatory condition for the first purchase of the Service for individual or group lessons with the Trainer.
Customer - a legal or natural person who places an order and pays for the Trainer's Services. The Customer may also be a Student (a natural person participating in the educational process) or may purchase Services on behalf of third parties.
Terms and Conditions
1.1. Educational services are provided in the form of online learning. The conduct of teacher training, by agreement with the Customer, may also take place in offline form.
1.2. Specialized software - an online platform - is used for completing homework assignments and hosting educational materials.
1.3. The educational program is coordinated by the Parties depending on the needs and upon the request of an individual Student or Group or is independently determined by the Trainer for the Group.
1.3. Typically, ordering the service for individual sessions is possible when purchasing a monthly lesson package.
1.4. Group sessions are paid in advance for each module. The duration of each module is determined separately for each course.
1. SERVICE PROVISION SCOPE
2.1. The Customer must make payment for the Services upfront no later than three days before the first session of the paid initial order of the Service.
2.2. For subsequent payments, the payment must be made no later than three days before the first session of the paid period for individual lessons and no later than 14 calendar days for group lessons.
2.3. The amount of payment for the Services is determined by the current rates published on the Trainer's website.
2.4. Payment is made by non-cash settlement through the Trainer's website or based on an invoice to the Trainer's bank account.
2.5. In the event of untimely payment, the Trainer has the right to refuse to provide the Services.
2. TERMS OF PAYMENT
3. SESSION PROCEDURE
3.1. The schedule of sessions or the time of a workshop is coordinated by the Trainer and the Customer before the payment.
3.2. The typical duration of a session is 60 minutes. The session duration may be extended by mutual agreement of the Parties. In such a case, the cost of the sesson increases proportionally.
3.3. The duration of the training is separately agreed upon by the Parties.
4. CANCELLATIONS AND RESCHEDULING
4.1. For group sessions, cancellations and rescheduling are not possible. Upon the preliminary request of the Student, a missed session can be recorded.
4.2. For individual sessions, cancellation and/or rescheduling of a session is possible no later than 24 hours in advance. Otherwise, the session is considered conducted and is not compensated, and the prepayment is non-refundable. It is necessary to use all sessions within the pre-paid period.
4.3. If the Student decides to decline the purchase of the next module of group sessions from the Trainer, they must inform the Trainer no later than 14 calendar days before the end of the respective module.
5. RESPONSIBILITIES OF THE PARTIES:
5.1. The Trainer undertakes:
5.1.1. Organize sessions in accordance with the agreed-upon educational program;
5.1.2. Ensure the quality conduct of sessions;
5.1.3. Provide necessary educational materials;
5.1.4. Not disclose information about the private data and personal lives of Students;
5.1.5. Provide consultations and recommendations to Students as needed on English language learning;
5.1.6. Timely and clearly inform Students about possible rescheduling of lessons or changes to the learning program.
5.2. The Student agrees to:
5.2.1. Adhere to the established schedule of sessions and not be late;
5.2.2. Not miss lessons without a valid reason;
5.2.3. Not violate discipline during sessions, refrain from using offensive language towards the Trainer and/or other students;
5.2.4. Notify the Trainer of any technical problems hindering participation in sessions;
5.2.5. Inform the Trainer of possible changes in the session schedule no less than 24 hours before the start of the session for individual sessions;
5.2.6. Utilize all sessions within the prepaid period;
5.2.7. Not distribute session materials or training materials to third parties;
5.2.8. Not disclose information about the private data and personal lives of other Students.
5.3. The Customer agrees to:
5.3.1. Timely pay for the Services.
6. RIGHTS OF THE PARTIES:
6.1. The Trainer has the right:
6.1.1. To cancel a session in case of illness or other valid reasons by agreement with the Student, specifying an alternative day and time for the session;
6.1.2. In the event of the Student's breach of obligations, the Trainer has the right to refuse to provide Services without refunding the prepayment.
6.2. The Student has the right:
6.2.1. To receive a recording of the session upon prior request;
6.2.2. To cancel or reschedule an individual session to another time no later than 24 hours before the previously agreed-upon meeting.
7. RESPONSIBILITY OF THE PARTIES:
7.1. The Trainer is responsible for the quality of the provided Services.
7.2. The Trainer is not responsible for:
7.2.1. Non-performance or improper performance of contract terms if it resulted from the actions or inaction of the Student.
7.2.2. Unsatisfactory learning outcomes if the Student did not complete assignments, did not attend sessions, did not properly complete homework, or was not sufficiently motivated and engaged in the learning process.
7.3. The Customer/Student is responsible for:
7.3.1. The accuracy of the provided information and fulfilling all obligations imposed on them by this contract.
7.3.2. Using all sessions within the prepaid period.
7.3.3. Timely payment for the Services.
7.3.4. Providing a venue for training in case it is conducted in an offline format.
7.4. In case a Student violates the cancellation or rescheduling conditions specified in clause 4.2, prepayment for the missed sessions is not refunded.
7.5. In any case, damages under this contract do not include and cannot be claimed for indirect or non-material losses.
8. FORCE MAJEURE
8.1. The Parties are released from liability for partial or complete non-performance of obligations under the Contract if such non-performance is a result of force majeure circumstances that occurred after the conclusion of the Contract, such as floods, earthquakes, fires, wars, terrorist acts, strikes, epidemics, and other natural disasters that may affect the fulfillment of the conditions of this contract.
8.2. In the event of force majeure circumstances, the affected Party must immediately notify the other Party of such circumstances and demonstrate all efforts to avoid or minimize their impact on the performance of obligations under this contract. If the duration of force majeure circumstances exceeds 30 days, each Party has the right to terminate this contract without mandatory compensation for damages by the other Party.
9. INTELLECTUAL PROPERTY RIGHTS AND DATA PROTECTION
9.1. All educational materials are objects of intellectual property, including third parties, and their copying and distribution are prohibited.
9.2. The Trainer has the right to use information about the Student only for the purpose of providing Services and does not disclose or transfer the Student's personal data to third parties without the written consent of the Student, except as provided by law.
9.3. The Student agrees that group lessons may be recorded upon the request of the Student of the corresponding group for the use of the Students of that group.
10. CONFLICTS AND DISPUTES
In the event of conflicts or disputes, the parties undertake to resolve them through negotiations and cooperation. If an agreement cannot be reached, the parties have the right to apply to the judicial authorities at the location of the Trainer (jurisdiction of Mannheim, Germany), under the current legislation of Germany.
11. MISCELLANEOUS
11.1. The Trainer has the right to unilaterally amend these Terms and Conditions and the cost of Services by publishing a new version on the website.
11.2. In case of disagreement with the new cost of Services, the Student/Customer has the right to refuse the Contract without observing the deadlines specified in this Contract.