Public Offer Agreement
The present Public Offer Agreement acts as an official offer of the 2english trademark (hereinafter referred to as the Seller) for concluding purchase and sale transactions (hereinafter referred to as the Agreement) with the Buyer remotely, i.e. through the online store in accordance with the terms of the public offer placed in the online store of the Seller (hereinafter referred to as the “Website”).
The fact of payment by the Buyer for the Seller’s services, based on the terms of the current Agreement in accordance with the terms and prices indicated on the Website and valid at the time of the purchase, is considered a confirmation of the unconditional and full acceptance of the terms of the Seller’s offer by the Customer.
Terms and Definitions
This Agreement operates with the following definitions and terminology:
1.1. Offer / Public Offer / Agreement is a text document posted in the public domain on the Internet on the Seller’s Website at: https://2english.com/offer/ (including all annexes and amendments).
1.2. Customer / Buyer is a user of the Website who is able and willing to accept the Agreement (regarding the procedure for concluding the Offer) or who has already accepted the Agreement (regarding the execution of the concluded Offer).
1.3. Purchase / Order is the conditions under which the Seller provides the Buyer with the Service, previously agreed by both Parties of the Agreement, listed on specific pages of the Website or in the Personal Account and which are necessary for the conclusion of the Agreement.
1.4. Agreement is a document regarding the compensated provision of Services, which is concluded between the Seller and the Buyer based on the terms of the current Offer.
1.5. Services are consulting and informational services regarding online Trainings and remote Courses for learning English.
1.6. Training is a class conducted by the Consultant remotely by using their own or third-party software (SW) in accordance with the objectives and topics of the selected course.
1.7. Fee is the actual cost of Courses and Trainings, decided by the Seller and indicated on the Website page at: https://2english.com/prices/
1.8. Interactive course is a set of informational and educational materials, presented in electronic form and intended for learning English independently.
1.9. Conversation Club is a group class taking place between students and the Consultant for 60 minutes remotely (online).
1.10. Consultant is a person who conducts Trainings and supervises the Conversation Club.
1.11. Schedule is the schedule according to which the Trainings are held and which the Buyer either chooses independently by completing a special form on the Website or coordinates with the Seller via electronic communication channels.
1.12. Acceptance of the Offer is an unconditional and full acceptance of the Public Offer by the Buyer through performing the actions specified in the current Offer, which determine the conclusion of the Agreement between the Seller and the Buyer.
1.13. Website is an electronic information resource available on the Internet at: https://2english.com (including all its subdomains).
1.14. Personal account is one of the sections of the Website, which each Customer has access to once the registration/authorization process is completed. The Personal Account contains and stores personal information of the Buyer, history of placing Orders, statistical information about purchases, the current state of the Personal Account, and the form for receiving notifications.
1.15. Balance is comprehensive data on the funds credited by the Buyer and debited as part of the provision of services, in accordance with the Agreement. Access to the Balance is granted to the Buyer upon registration/authorization on the Website.
1.16. The present Public Offer might include terms and concepts that are not defined by the first clause of the Agreement. In this case, the interpretation of the definition is carried out based on the text of the Public Offer. In the absence of a clear interpretation of the term, it should be interpreted according to:
1.16.1. The documents forming the Agreement between the Seller and the Buyer.
1.16.2. The Ukrainian legislation.
Acceptance of the Offer and conclusion of the Agreement
2.1. Acceptance of the Offer by the Buyer forms an Agreement based on the terms of the Offer between the Seller and the Buyer in accordance with Art. 641 and 642 of the Civil Code of Ukraine.
2.2. Acceptance of the Offer is implemented by the Buyer upon the completion of the following actions:
2.2.1. Selection and execution of the Purchase using the software tools presented on the Seller’s website.
2.2.2. Transfer of funds to the Seller for the purchased Services.
2.3. The Agreement shall enter into force upon the Seller’s receipt of the Acceptance of the Public Offer.
2.4. Based on the submitted Public Offer, the Seller and the Buyer have the right to conclude an unlimited number of Agreements.
Subject of the Agreement
3.1. According to the Agreement, the Seller is obliged to provide the Customer with the Services independently or through the involved consultants in accordance with the Orders placed on the Website. The Buyer is obliged to receive and pay for the Services received from the Seller/Consultants based on the terms of the present Offer.
3.2. The volume, terms and price of the Services, as well as any other necessary conditions for the provision of the Services, are determined based on the information provided by the Buyer to the Seller when placing an Order.
3.3. Fees for the Services provided by the Seller (conducting online Courses, Trainings) are available on the Seller’s Website at https://2english.com/lessons/ and https://2english.com/prices/. The current Fees are used to accurately calculate the cost of a particular Service at the time of the Purchase.
Procedure for the provision of Services
4.1. The provision of the Services by the Seller is carried out exclusively on the terms of the full prepayment of the Order by the Buyer in accordance with the pre-established procedures.
4.2. In order to provide Services in accordance with the clauses of the Agreement, the Seller has the right to engage third parties (hereinafter referred to as Consultants).
4.3. In order to provide visual demonstration of the features and methods of the Consultant’s teaching, the Buyer is granted access to video examples of the Trainings as well as an introductory free Training with a total duration of up to half an hour.
4.4. The duration of one Training is up to 1 hour (sixty minutes) or might exceed the specified time, depending on the Course and the duration of the training, determined directly by the Customer.
4.5. The focus, format and content of the Trainings are set by the Consultants in accordance with the personal preferences and requirements of the Buyer.
4.6. The content, curriculum, delivery format and duration of remote courses can be found on the relevant pages of the Website.
4.7. Once a Training has been purchased or booked according to the Schedule, it cannot be canceled or rescheduled. In this case, the Buyer agrees that the Training will take place according to the Schedule, regardless of the presence of the Buyer.
Rights and obligations of the parties
5.1. The Seller is obliged to provide the Services to the Buyer in full compliance with the terms of the Agreement and the norms of Ukrainian legislation.
5.2. The Seller has the right:
5.2.1. To suspend the provision of the Services in a case where the Buyer violates the clauses specified in the Agreement, as well as in any other cases stipulated by the current legislation of Ukraine.
5.2.2. To unilaterally refuse to provide the Services to the Buyer in cases stipulated by the legislation of Ukraine and/or the conditions of the present Public Offer.
5.2.3. The Seller has the right to limit or completely prohibit the possibility of buying or booking Trainings 3 hours before the start of the Training, according to the Schedule.
5.3. The Customer is obliged:
5.3.1. To pay for the purchased Services on time and in full.
5.3.2. To check for new notifications from the Seller in the Personal Account and by e-mail specified by the Buyer when concluding the Agreement.
5.4. The customer has the right:
5.4.1. To conclude an Agreement on the provision of Services by the Seller in order to participate in remote courses/trainings of third parties. In this context, all obligations and rights of the Buyer are transferred to the specified third party.
5.4.2. To unilaterally refuse to fulfill the terms of the Agreement in cases stipulated by the current Ukrainian legislation and/or the present Public Offer.
5.4.3. To cancel or reschedule a Private Lesson no later than 4 hours before it starts. Otherwise, the Lesson is considered completed and the Services are provided in full.
Cost of Services and payment procedure
6.1. According to the Agreement, the cost of the Services is determined in accordance with the current Fees for remote Trainings and Courses, which are constantly updated and specified on the relevant pages of the Website at https://2english.com/prices/ and https://2english.com/lessons/. The total price of the Services is calculated depending on the Course chosen by the Buyer, its duration and the number of Trainings.
6.2. The payment for the Courses is made by the by making an advance payment to the Seller, which is 100% of the cost of the Services provided.
6.3. The Buyer is obliged to credit payment no later than 4 (four) hours before the scheduled Training and no later than 12 (twelve) hours before the start of the online course.
6.4. The customer has the opportunity to pay for the Training package, which may consist of 5 (five) or 20 (twenty) Trainings, depending on the selected online course.
6.5. The Buyer has the right to take advantage of package offers and pay for the Training at a discounted price specified on the Website. The Customer may also take advantage of discounts on online courses provided by the Seller for relevant Courses.
6.6. The Fees for Trainings, which are valid at the time of placing the Order, remain unchanged for all purchased Trainings for 6 months. In the event that the Customer changes the terms of the Agreement regarding the duration of the Training/Course, the fees for the Services change in accordance with the current prices.
6.7. All payments stipulated by the Agreement are made by non-cash transfer of funds to the specified settlement account of the Seller or by using the payment services available on the Website.
6.8. The Buyer fully fulfills their financial obligations to the Seller as soon as the funds are credited to the Seller’s account in the established amounts (for non-cash payments) or from the moment the Buyer provides information on payment for the Services using the selected payment service.
6.9. The Buyer is obliged to familiarize themselves with the information about the purchased and conducted Trainings as well as the amount of funds, deposited and withdrawn to pay for the Trainings in accordance with the clauses of the Agreement. This information can be found in the Customer’s Personal Account.
6.10. If the Buyer violates the terms of using the Trainings within 12 months from the date of purchase, the Seller reserves the right to withhold payment recalculation, refuse further Services to the Buyer, and cancel the Buyer’s Balance without a refund.
6.11. Funds deposited to the Buyer’s account and intended to pay for Trainings (agreed, but not transferred due to the Customer’s fault) are not returned and cannot be transferred to pay for other Services.
6.12. The cost of the Services provided by the Seller may be adjusted in accordance with market conditions. Information about all changes is displayed on the pages of the Website. The Seller does not have the right to change the cost of the Services for specific Buyers in the event that the Buyer has concluded the Agreement and paid for the Services in the prescribed manner.
6.13. The Services paid for by the Buyer can be credited in the form of a conditional (virtual) Balance within the Buyer’s Personal Account. After purchasing any Service on the Site, the funds are not subject to return, recalculation, or transfer to other Services on the Site. However, they can be transferred to a third party by transferring the conditional funds from the Buyer’s Personal Account.
Responsibility of the Parties
7.1. The Parties are liable for unfulfilled/improperly fulfilled obligations specified in the Agreement, in accordance with the current legislation of Ukraine.
7.2. In cases of regular or gross violation of the clauses of this Offer, the Seller reserves the right to block the user’s access to the Website, delete their Personal Account, stop providing the Services to the Buyer and refuse to sign new agreements on the terms of the Public Offer.
7.3. The Offer assumes that the Buyer is aware of the fact that the Seller cannot be held responsible for the performance of computer facilities, which the Customer uses to receive the Services, as well as for the provision of communication services.
7.4. The Seller is not responsible for the fulfillment of obligations by the Buyer or their partial failure, regardless of the reasons and circumstances for their failure to fulfill.
7.5. In the event that the Seller cannot fulfill their obligations for any reason, the Seller’s liability is limited to reimbursement to the Buyer of financial damage in an amount that cannot exceed the cost of paid, but not used, Services in accordance with the Agreement.
Unforeseeable circumstances (force majeure)
8.1. Both parties of the Agreement are completely released from liability for full or partial failure to fulfill their obligations in the event of reasons caused by force majeure circumstances that arose after the conclusion of the Agreement. Among such circumstances are:
- natural disasters;
- technogenic or industrial disasters;
- terrorist campaigns;
- adoption by the state or local authorities of regulatory legal acts, including a complete ban or partial restrictions on the activities of the Parties;
- other circumstances that cannot be foreseen in advance or prevented, but such that make it impossible for the Parties to fulfill the clauses of the Agreement.
8.2. In the event of the occurrence of the above circumstances caused by force majeure and becoming an obstacle to the fulfillment of the clauses of the Agreement, the terms for the provision by both Parties of the obligations assumed earlier are postponed in accordance with the duration of such circumstances, including the time required to eliminate the consequences, but no more than 60 (sixty) days. When the specified circumstances last longer than the specified period, the Agreement becomes invalid.
Validity and Offer amendments
9.1. The present Public Offer comes into force from the moment its text is published on the Seller’s Website and is valid until the moment it is withdrawn by the Seller.
9.2. The Seller has the right to make any changes to the terms of the Offer or withdraw it at its own discretion. Information about changes/withdrawal of the document is provided to the Buyers by posting it on the Website, sending a notification to the Personal Account or to the email/postal address specified by the Buyer during registration.
9.3. If the document is revoked or amendments are made to its text, the adjustments shall take effect at the time the information is communicated to the Buyer, unless other terms for the Offer to take effect are specified by the Seller.
9.4. The Seller has the right to approve, amend and supplement the clauses of the Offer binding on the parties at their own discretion.
Validity, modification and termination of the Agreement
10.1. The Agreement gains legal force at the moment of Acceptance of the Public Offer by the Buyer and is valid until:
- full fulfillment of their obligations by the Parties under the terms of the Agreement;
- early termination of the agreement.
10.2. In the event that the Seller changes/revokes the Offer during the term of the Agreement, the Agreement and all documentation is valid on the terms of the Public Offer in the latest edition.
10.3. The contract is terminated:
10.3.1. At the initiative of the Buyer in case of refusal to fulfill the terms of the Agreement in part or in full by sending a corresponding notification to the Seller’s e-mail. The Agreement terminates in whole or in part after 1 (one) day from the date of its receipt by the Seller.
10.3.2. At the initiative of the Seller in case of refusal to fulfill the terms of the Agreement in part or in full by sending a corresponding notification to the Buyer’s e-mail. The Agreement terminates in whole or in part upon the expiration of 3 (three) days from the date of its dispatch.
11.1. The transfer of the obligations and rights of the Buyer under the Agreement is not possible without the prior consent of the Seller. Additionally, the Seller has the right to transfer their rights prescribed in the Agreement without the consent of the Buyer. Any assignment/transfer of rights that violates the terms of clause 11.1 of this Public Offer is considered invalid.
11.2. Disputes relating to individual clauses of the Offer or the Agreement are resolved in a preliminary claim procedure. If the Parties do not reach full agreement, the dispute is subject to its transfer and consideration in court (at the place of legal location of the Seller).
11.3. Both parties of the Agreement are both obliged not to disclose the received confidential data, as well as information provided by the Parties regarding the implementation of the clauses of the Agreement and not to disclose such information to any third Party without obtaining the prior written consent of the Party who provided the confidential data.