LEGAL INFORMATION
Public Offer Agreement
for the Provision of Services in the Field of Supplementary Education: Language Courses in Groups and Individually, Onsite and Online at Bealingua Language Academy.
This Public Offer Agreement for Paid Services in Supplementary Education (hereinafter referred to as the "Agreement") outlines the terms and conditions for the provision of paid services in the field of supplementary education, as well as the mutual rights, obligations, and relationships between "Company" represented by Director "Director", acting on the basis of the Charter (registration certificate No. 000000000 dated January 00, 0000), hereinafter referred to as the "Language Academy," and the consumer of the services, hereinafter referred to as the "Client," who has accepted the public offer to enter into this Agreement.
1. Definitions Used in This Agreement
1.1. For the purposes of this Offer, the following terms and definitions are used with the following meanings:
Agreement – the contract between the Client and the Language Academy "Bealingua" for the provision of educational and related services, which is concluded by accepting the Offer.
Offer – this document, a public contract. The publication of the text of this public contract on the official website constitutes a public offer addressed to an unlimited number of people for the provision of certain types of services (p.2 Art. 407 of the Civil Code of the Republic of Belarus).
Acceptance of the Offer – the complete and unconditional acceptance of the Offer by performing the actions specified in clause 6.4 of the Offer. The Acceptance of the Offer creates a binding Agreement.
Client – a person who has accepted the Offer and is the consumer of educational and related services under the concluded Agreement.
2. Subject of the Agreement
2.1. The subject of the Agreement is the provision of paid services in supplementary education according to the programs developed by the Language Academy, in the form of foreign language courses, information on which is available on the internet at: https://bealingua.by (hereinafter referred to as the "Website").
2.2. The duration of the courses (start and end dates) under this Agreement is determined by the Client’s individual requests or the schedule of group formation.
2.3. The Agreement may be concluded for the benefit of minors by their parents (legal representatives).
2.4. The Language Academy agrees to provide the Services according to the selected educational programs (hereinafter referred to as the "Services"), and the Client agrees to accept the Services provided by the Language Academy and pay for them in accordance with the terms and conditions of this Agreement.
2.5. If this Agreement is concluded for the benefit of third parties, the Client thereby expresses their consent to the terms of service provision stipulated by this Agreement.
2.6. The Language Academy reserves the right to make changes to this Public Offer Agreement, its Annexes, and other information on the Website. Therefore, the Client agrees to familiarize themselves with the updated version of the Agreement and other relevant information before receiving the Services. The current version of the Agreement is available on the Website.
2.7. The Language Academy and the Client guarantee that they have the corresponding legal capacity and authority necessary to conclude and execute this Agreement.
2.8. The Parties agree that the Language Academy’s use of a facsimile reproduction of their signature via mechanical or other copying means, digital signature, or another equivalent of the original signature on payment demands, notifications, letters, and other documents related to this Agreement shall have the same legal effect as the original signature.
3. Acceptance of the Offer and Conclusion of the Agreement
3.1. This Agreement is a public contract (Art. 396 of the Civil Code of the Republic of Belarus), whereby the Language Academy undertakes to provide Services to an unlimited number of individuals (Clients) who request such Services.
3.2. The Agreement is concluded by the Client’s acceptance of the terms of this Agreement in full, without any conditions, exceptions, or reservations (Art. 398 of the Civil Code of the Republic of Belarus).
3.3. The Client’s payment for the ordered Services under the terms of this Agreement constitutes the Client’s acceptance of the Agreement (p.3 Art. 408 of the Civil Code of the Republic of Belarus).
3.4. This Offer is valid in the version and under the conditions existing at the time of its acceptance.
3.5. The acceptance period is 3 (three) banking days from the date of issuance of the payment demand for the Services.
4. Rights and Obligations of the Parties
4.1. The Language Academy undertakes to:
4.1.1. Provide the Client with Services in the scope and within the timeframes agreed upon by the Parties (hereinafter referred to as the "Parties").
4.1.2. Publish on the Language Academy’s website accurate information about the types of Services provided, methods of provision, payment conditions, and other information necessary for fulfilling the terms of this Agreement.
4.1.3. Ensure the confidentiality of the Client’s information, except when providing access to such information is necessary for the provision of Services or is required by law.
4.1.4. Inform the Client upon request about the procedure for providing the Services.
4.1.5. Notify the Client promptly in the event of force majeure circumstances that may affect the scope and quality of the Services provided.
4.2. The Language Academy has the right to:
4.2.1. Unilaterally make changes, additions, or deletions to this Agreement and its Annexes, and the Client shall be considered properly notified once the amended version is published on the Language Academy’s website.
4.2.2. Suspend or completely terminate the provision of Services to the Client, or terminate this Agreement unilaterally in the event of the Client’s failure to fulfill their obligations under this Agreement.
4.2.3. Refuse to consider claims from the Client made after the expiration of the deadlines within which such claims may be filed.
4.2.4. Engage third parties to fulfill its obligations under this Agreement, and use the services/works of third parties to provide the Services stipulated in this Agreement.
4.2.5. Require the Client (and/or the actual consumer of the Services and their invited guests) to comply with the rules of conduct at educational institutions, observe safety regulations, adhere to the law of the Republic of Belarus regarding the legal status of foreign citizens, and handle the property of the Language Academy and third parties with care.
4.2.6. Demand full compensation from the Client for any damage caused by the Client (and/or the actual consumer of the Services and their invited guests) to the property of the Language Academy and/or third parties.
4.3. The Client undertakes to:
4.3.1. Familiarize themselves with the current prices for the Language Academy’s Services prior to placing an order.
4.3.2. Comply with and ensure that the actual consumer of the Services and any invited persons comply with safety regulations, rules of conduct in public places, proper handling of the Language Academy’s and third-party property, and behave respectfully towards the teacher and support staff, avoiding actions that pose a danger to others. Failure to adhere to these rules and requirements, which results in the impossibility of further Service provision, will be considered a fault of the Client. In this case, the Services will be payable by the Client in full.
4.3.3. Pay for the ordered Services in the manner, amount, and within the deadlines specified in this Agreement.
4.3.4. Reimburse the Language Academy for any additional expenses incurred as agreed upon by the Parties.
4.3.5. In case of damage caused by the Client (and/or the actual consumer of the Services and/or invited persons) to the Language Academy’s or third-party property, fully compensate for the damage caused.
4.3.6. Comply with the terms of this Agreement.
4.4. The Client has the right to:
4.4.1. Demand proper provision of Services by the Language Academy in accordance with the order.
4.4.2. Terminate this Agreement in case of non-performance or improper performance by the Language Academy of their obligations under this Agreement, subject to reimbursement of the Language Academy’s actual expenses.
4.4.3. Submit feedback, suggestions, and recommendations regarding each type of Service provided under this Agreement.
5. Cost, Payment Procedure, and Terms
5.1. The cost of services provided under this public offer is determined based on the service package chosen by the Client as specified in the order and the current prices listed on the Language Academy’s Website.
5.2. The cost of additional services under this Agreement may be negotiated between the Client and the Language Academy.
5.3. The cost of Services under this Agreement shall be paid by the Client on a 100% prepayment basis either in cash at the cash desk of Smart Business Center LLC or by bank transfer to the Language Academy’s account no later than 3 banking days from the date of the invoice and before the Client commences their first session.
5.4. In case of payment by bank transfer, the Client must send a copy of the payment document confirming the transaction to the Language Academy via email at info.bealingua@gmail.com.
5.5. Any expenses incurred by the Client in transferring funds to the Language Academy are borne by the Client.
5.6. The Language Academy assumes the obligation to provide the Services only after receiving confirmation of payment from the Client.
5.7. The procedure for providing services:
5.8. After the Client makes the payment and the funds are credited to the Language Academy’s account, this Agreement enters into force.
5.9. The Language Academy has the right to engage third parties to fulfill its obligations under this Agreement and to use the services/work of third parties to ensure the provision of Services stipulated in this Agreement.
5.10. Residents of Belarus, foreign citizens with residency in Belarus, and those located within the territory of Belarus shall pay for the services in Belarusian rubles at the exchange rate of the National Bank of the Republic of Belarus on the day of payment.
6. Service Acceptance Procedure
6.1. The provision of Services to the Client does not require the creation of an acceptance certificate for the completed work.
6.2. The provision of Services under this Agreement is confirmed by the fact that the Client has used the Services and has not submitted any written claims regarding the Services provided by the Language Academy within 3 (three) calendar days from the date of Service provision.
6.3. If claims regarding the volume and/or quality of services provided by the Language Academy are not submitted by the Client within the deadlines specified in Clause 5.7 of this Agreement, the Language Academy’s obligations under the Agreement shall be considered fulfilled, and the Services shall be deemed provided on time, in good quality, and in full. Otherwise, the Parties shall prepare a protocol of disagreements, detailing the deficiencies.
6.4. A claim regarding non-provision (and/or improper provision) of a service shall be considered unfounded if the Client (and/or the actual consumer of the Service) has used an alternative service offered in place of the one that could not be provided for any reason. In this case, the service shall be considered properly rendered.
7. Special Conditions
7.1. In the event of a breach by the Client of the Service provision regulations (lateness, partial attendance, failure to complete exercises prescribed by the course program), the Service shall be considered fully rendered and accepted by the Client, and payment shall not be refunded.
7.2. If the Client informs the Language Academy of their refusal to participate in the pre-paid sessions on the day of its start or fails to inform the Language Academy, the Service shall be considered fully rendered and accepted by the Client, and payment shall not be refunded.
7.3. If the Client informs the Language Academy of their inability to attend the pre-paid sessions less than three banking days in advance (including the third day), the Client will be given the opportunity to attend a session at another time, according to the schedule, without additional payment.
7.4. If the Client informs the Language Academy of their inability to attend the pre-paid sessions more than three calendar days before the start of the sessions, the Client will be given the opportunity to attend a session at another time without additional payment, or the Language Academy will refund 100% of the pre-paid amount.
7.5. If the Client is dissatisfied with the conditions or quality of the services provided, they have the right to withdraw from the services of the Language Academy by notifying the Language Academy after the first session. In this case, the Language Academy, based on an act drawn up by the Parties, will refund 50% of the pre-paid amount, withholding 50% of the amount for services related to organizing the educational process.
7.6. If the Service was not provided due to the fault of the Language Academy (excluding force majeure circumstances), 100% of the payment will be refunded to the Client.
8. Force Majeure
8.1. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement if such failure is the result of force majeure (acts of God) that occurred after the conclusion of this Agreement, due to extraordinary events that the Parties could neither foresee nor prevent by reasonable means.
8.2. Force majeure events include circumstances beyond the control of the Party and for which the Party is not responsible, such as war, rebellion, strikes, earthquakes, floods, fires, severe weather conditions, or other natural disasters, government regulations, orders (decrees) of state bodies and officials, laws, and other regulatory acts adopted by competent authorities after the acceptance of this Agreement that make the fulfillment of obligations under this Agreement impossible. This also includes actions by governmental or local authorities or their representatives that impede the fulfillment of the conditions of this Agreement, as well as other unforeseen circumstances beyond the Parties’ control, but not limited to the above.
8.3. In the event of force majeure circumstances that prevent the fulfillment of obligations under this Agreement, the deadline for the Parties to fulfill such obligations shall be extended in proportion to the duration of such circumstances and the time required to eliminate their consequences, but no longer than one hundred and eighty calendar days.
8.4. If force majeure circumstances persist for more than the period specified in clause 5.7 of this Agreement, or if it becomes clear to both Parties that such circumstances will persist beyond this period, the Parties undertake to discuss the possibility of alternative methods of fulfilling this Agreement or its termination.
9. Liability of the Parties
9.1. In the event of non-fulfillment or improper fulfillment of their obligations under this Agreement, the Party at fault shall bear responsibility in accordance with the current legislation of the Republic of Belarus, taking into account the specifics established by this Agreement.
9.2. The Parties to this Agreement unconditionally agree that the maximum amount of damages that may be recovered from the Language Academy is limited to the amount paid by the Client for the Services whose non-fulfillment or improper fulfillment caused the damages.
9.3. The Client shall bear full responsibility for the accuracy of the information provided when accepting this Agreement.
9.4. The Language Academy shall not be held liable for harm caused to the life and health of the Client (and/or the actual recipient of the Service and/or any invited persons) due to their own fault or the fault of third parties (actual providers of additional services) or in the event of non-compliance with personal safety rules.
9.5. The Language Academy shall not be held responsible for the discrepancy between the actual Services provided and the subjective expectations and perceptions of the Client (and/or the actual recipient of the Service and/or any invited persons) regarding such Services.
9.6. The Language Academy shall not bear any liability under this Offer for:
9.7. Without contradicting the above, the Parties shall be released from liability for breaching the terms of the Agreement if such breach is caused by force majeure circumstances that are beyond the reasonable control of the Parties and if such circumstances directly affect the performance of the Agreement. The occurrence of force majeure circumstances must be confirmed in writing.
10. Notices and Notifications
10.1. The Parties unconditionally recognize the legal force of documents received via communication channels (email) as equal to documents executed in simple written form on paper, except in cases where the execution of documents on paper is mandatory.
10.2. The Parties unconditionally agree that all correspondence, notices, and notifications, as well as payment demands for services ordered by the Client, received at the email addresses, shall be deemed duly delivered to the addressee.
10.3. The Parties are obliged to check in a timely manner the correspondence received at their email addresses and messaging services.
10.4. The Language Academy reserves the right to inform the Client promptly, if necessary, via phone, accessible messaging services, or email.
10.5. Any risks associated with the occurrence of adverse consequences due to non-compliance with these requirements shall be borne by the Party that committed such a violation.
11. Term of the Agreement and Termination Procedure
11.1. This Agreement shall be deemed concluded from the moment the Client's funds are credited to the Language Academy’s account.
11.2. This Agreement may be terminated:
11.2.1. By mutual agreement of the Parties.
11.2.2. Unilaterally at the Language Academy’s initiative.
11.2.3. Unilaterally at the Client’s initiative.
11.2.4. By a decision of the Economic Court of Minsk.
12. Other Conditions
12.1. The Parties unconditionally agree that this Agreement is concluded at the legal address of the Language Academy.
12.2. Any disputes or disagreements arising between the Parties under this Agreement shall be resolved through negotiations (with mandatory written documentation), and in the event of an inability to reach an amicable settlement, in accordance with the procedure provided by the legislation of the Republic of Belarus.
12.3. If any provision of this Agreement loses its legal force, is recognized as illegal, or is excluded from this Agreement, it shall not invalidate the remaining provisions of this Agreement, which shall remain legally binding and enforceable for all Parties.
12.4. All issues not regulated by this Agreement shall be resolved in accordance with the current legislation of the Republic of Belarus, as well as the Language Academy's internal regulatory documents, provided that they comply with the applicable legislation of the Republic of Belarus.
13. Parties’ Details
13.1. The Parties unconditionally agree that the Client’s details shall be the information provided by the Client when placing the order for Services and paying for the Services, including the place of residence, surname, and first name.
13.2. Language Academy’s details:
Company
1. Definitions Used in This Agreement
1.1. For the purposes of this Offer, the following terms and definitions are used with the following meanings:
Agreement – the contract between the Client and the Language Academy "Bealingua" for the provision of educational and related services, which is concluded by accepting the Offer.
Offer – this document, a public contract. The publication of the text of this public contract on the official website constitutes a public offer addressed to an unlimited number of people for the provision of certain types of services (p.2 Art. 407 of the Civil Code of the Republic of Belarus).
Acceptance of the Offer – the complete and unconditional acceptance of the Offer by performing the actions specified in clause 6.4 of the Offer. The Acceptance of the Offer creates a binding Agreement.
Client – a person who has accepted the Offer and is the consumer of educational and related services under the concluded Agreement.
2. Subject of the Agreement
2.1. The subject of the Agreement is the provision of paid services in supplementary education according to the programs developed by the Language Academy, in the form of foreign language courses, information on which is available on the internet at: https://bealingua.by (hereinafter referred to as the "Website").
2.2. The duration of the courses (start and end dates) under this Agreement is determined by the Client’s individual requests or the schedule of group formation.
2.3. The Agreement may be concluded for the benefit of minors by their parents (legal representatives).
2.4. The Language Academy agrees to provide the Services according to the selected educational programs (hereinafter referred to as the "Services"), and the Client agrees to accept the Services provided by the Language Academy and pay for them in accordance with the terms and conditions of this Agreement.
2.5. If this Agreement is concluded for the benefit of third parties, the Client thereby expresses their consent to the terms of service provision stipulated by this Agreement.
2.6. The Language Academy reserves the right to make changes to this Public Offer Agreement, its Annexes, and other information on the Website. Therefore, the Client agrees to familiarize themselves with the updated version of the Agreement and other relevant information before receiving the Services. The current version of the Agreement is available on the Website.
2.7. The Language Academy and the Client guarantee that they have the corresponding legal capacity and authority necessary to conclude and execute this Agreement.
2.8. The Parties agree that the Language Academy’s use of a facsimile reproduction of their signature via mechanical or other copying means, digital signature, or another equivalent of the original signature on payment demands, notifications, letters, and other documents related to this Agreement shall have the same legal effect as the original signature.
3. Acceptance of the Offer and Conclusion of the Agreement
3.1. This Agreement is a public contract (Art. 396 of the Civil Code of the Republic of Belarus), whereby the Language Academy undertakes to provide Services to an unlimited number of individuals (Clients) who request such Services.
3.2. The Agreement is concluded by the Client’s acceptance of the terms of this Agreement in full, without any conditions, exceptions, or reservations (Art. 398 of the Civil Code of the Republic of Belarus).
3.3. The Client’s payment for the ordered Services under the terms of this Agreement constitutes the Client’s acceptance of the Agreement (p.3 Art. 408 of the Civil Code of the Republic of Belarus).
3.4. This Offer is valid in the version and under the conditions existing at the time of its acceptance.
3.5. The acceptance period is 3 (three) banking days from the date of issuance of the payment demand for the Services.
4. Rights and Obligations of the Parties
4.1. The Language Academy undertakes to:
4.1.1. Provide the Client with Services in the scope and within the timeframes agreed upon by the Parties (hereinafter referred to as the "Parties").
4.1.2. Publish on the Language Academy’s website accurate information about the types of Services provided, methods of provision, payment conditions, and other information necessary for fulfilling the terms of this Agreement.
4.1.3. Ensure the confidentiality of the Client’s information, except when providing access to such information is necessary for the provision of Services or is required by law.
4.1.4. Inform the Client upon request about the procedure for providing the Services.
4.1.5. Notify the Client promptly in the event of force majeure circumstances that may affect the scope and quality of the Services provided.
4.2. The Language Academy has the right to:
4.2.1. Unilaterally make changes, additions, or deletions to this Agreement and its Annexes, and the Client shall be considered properly notified once the amended version is published on the Language Academy’s website.
4.2.2. Suspend or completely terminate the provision of Services to the Client, or terminate this Agreement unilaterally in the event of the Client’s failure to fulfill their obligations under this Agreement.
4.2.3. Refuse to consider claims from the Client made after the expiration of the deadlines within which such claims may be filed.
4.2.4. Engage third parties to fulfill its obligations under this Agreement, and use the services/works of third parties to provide the Services stipulated in this Agreement.
4.2.5. Require the Client (and/or the actual consumer of the Services and their invited guests) to comply with the rules of conduct at educational institutions, observe safety regulations, adhere to the law of the Republic of Belarus regarding the legal status of foreign citizens, and handle the property of the Language Academy and third parties with care.
4.2.6. Demand full compensation from the Client for any damage caused by the Client (and/or the actual consumer of the Services and their invited guests) to the property of the Language Academy and/or third parties.
4.3. The Client undertakes to:
4.3.1. Familiarize themselves with the current prices for the Language Academy’s Services prior to placing an order.
4.3.2. Comply with and ensure that the actual consumer of the Services and any invited persons comply with safety regulations, rules of conduct in public places, proper handling of the Language Academy’s and third-party property, and behave respectfully towards the teacher and support staff, avoiding actions that pose a danger to others. Failure to adhere to these rules and requirements, which results in the impossibility of further Service provision, will be considered a fault of the Client. In this case, the Services will be payable by the Client in full.
4.3.3. Pay for the ordered Services in the manner, amount, and within the deadlines specified in this Agreement.
4.3.4. Reimburse the Language Academy for any additional expenses incurred as agreed upon by the Parties.
4.3.5. In case of damage caused by the Client (and/or the actual consumer of the Services and/or invited persons) to the Language Academy’s or third-party property, fully compensate for the damage caused.
4.3.6. Comply with the terms of this Agreement.
4.4. The Client has the right to:
4.4.1. Demand proper provision of Services by the Language Academy in accordance with the order.
4.4.2. Terminate this Agreement in case of non-performance or improper performance by the Language Academy of their obligations under this Agreement, subject to reimbursement of the Language Academy’s actual expenses.
4.4.3. Submit feedback, suggestions, and recommendations regarding each type of Service provided under this Agreement.
5. Cost, Payment Procedure, and Terms
5.1. The cost of services provided under this public offer is determined based on the service package chosen by the Client as specified in the order and the current prices listed on the Language Academy’s Website.
5.2. The cost of additional services under this Agreement may be negotiated between the Client and the Language Academy.
5.3. The cost of Services under this Agreement shall be paid by the Client on a 100% prepayment basis either in cash at the cash desk of Smart Business Center LLC or by bank transfer to the Language Academy’s account no later than 3 banking days from the date of the invoice and before the Client commences their first session.
5.4. In case of payment by bank transfer, the Client must send a copy of the payment document confirming the transaction to the Language Academy via email at info.bealingua@gmail.com.
5.5. Any expenses incurred by the Client in transferring funds to the Language Academy are borne by the Client.
5.6. The Language Academy assumes the obligation to provide the Services only after receiving confirmation of payment from the Client.
5.7. The procedure for providing services:
- The Client reviews the list of classes offered by the Language Academy, posted on the Language Academy’s Website.
- The Client fills out the order form, specifying their contact details.
- The Client receives a qualified consultation where the schedule, program, and training period are clarified.
- The Client makes a 100% prepayment by transferring funds to the Language Academy’s account.
5.8. After the Client makes the payment and the funds are credited to the Language Academy’s account, this Agreement enters into force.
5.9. The Language Academy has the right to engage third parties to fulfill its obligations under this Agreement and to use the services/work of third parties to ensure the provision of Services stipulated in this Agreement.
5.10. Residents of Belarus, foreign citizens with residency in Belarus, and those located within the territory of Belarus shall pay for the services in Belarusian rubles at the exchange rate of the National Bank of the Republic of Belarus on the day of payment.
6. Service Acceptance Procedure
6.1. The provision of Services to the Client does not require the creation of an acceptance certificate for the completed work.
6.2. The provision of Services under this Agreement is confirmed by the fact that the Client has used the Services and has not submitted any written claims regarding the Services provided by the Language Academy within 3 (three) calendar days from the date of Service provision.
6.3. If claims regarding the volume and/or quality of services provided by the Language Academy are not submitted by the Client within the deadlines specified in Clause 5.7 of this Agreement, the Language Academy’s obligations under the Agreement shall be considered fulfilled, and the Services shall be deemed provided on time, in good quality, and in full. Otherwise, the Parties shall prepare a protocol of disagreements, detailing the deficiencies.
6.4. A claim regarding non-provision (and/or improper provision) of a service shall be considered unfounded if the Client (and/or the actual consumer of the Service) has used an alternative service offered in place of the one that could not be provided for any reason. In this case, the service shall be considered properly rendered.
7. Special Conditions
7.1. In the event of a breach by the Client of the Service provision regulations (lateness, partial attendance, failure to complete exercises prescribed by the course program), the Service shall be considered fully rendered and accepted by the Client, and payment shall not be refunded.
7.2. If the Client informs the Language Academy of their refusal to participate in the pre-paid sessions on the day of its start or fails to inform the Language Academy, the Service shall be considered fully rendered and accepted by the Client, and payment shall not be refunded.
7.3. If the Client informs the Language Academy of their inability to attend the pre-paid sessions less than three banking days in advance (including the third day), the Client will be given the opportunity to attend a session at another time, according to the schedule, without additional payment.
7.4. If the Client informs the Language Academy of their inability to attend the pre-paid sessions more than three calendar days before the start of the sessions, the Client will be given the opportunity to attend a session at another time without additional payment, or the Language Academy will refund 100% of the pre-paid amount.
7.5. If the Client is dissatisfied with the conditions or quality of the services provided, they have the right to withdraw from the services of the Language Academy by notifying the Language Academy after the first session. In this case, the Language Academy, based on an act drawn up by the Parties, will refund 50% of the pre-paid amount, withholding 50% of the amount for services related to organizing the educational process.
7.6. If the Service was not provided due to the fault of the Language Academy (excluding force majeure circumstances), 100% of the payment will be refunded to the Client.
8. Force Majeure
8.1. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement if such failure is the result of force majeure (acts of God) that occurred after the conclusion of this Agreement, due to extraordinary events that the Parties could neither foresee nor prevent by reasonable means.
8.2. Force majeure events include circumstances beyond the control of the Party and for which the Party is not responsible, such as war, rebellion, strikes, earthquakes, floods, fires, severe weather conditions, or other natural disasters, government regulations, orders (decrees) of state bodies and officials, laws, and other regulatory acts adopted by competent authorities after the acceptance of this Agreement that make the fulfillment of obligations under this Agreement impossible. This also includes actions by governmental or local authorities or their representatives that impede the fulfillment of the conditions of this Agreement, as well as other unforeseen circumstances beyond the Parties’ control, but not limited to the above.
8.3. In the event of force majeure circumstances that prevent the fulfillment of obligations under this Agreement, the deadline for the Parties to fulfill such obligations shall be extended in proportion to the duration of such circumstances and the time required to eliminate their consequences, but no longer than one hundred and eighty calendar days.
8.4. If force majeure circumstances persist for more than the period specified in clause 5.7 of this Agreement, or if it becomes clear to both Parties that such circumstances will persist beyond this period, the Parties undertake to discuss the possibility of alternative methods of fulfilling this Agreement or its termination.
9. Liability of the Parties
9.1. In the event of non-fulfillment or improper fulfillment of their obligations under this Agreement, the Party at fault shall bear responsibility in accordance with the current legislation of the Republic of Belarus, taking into account the specifics established by this Agreement.
9.2. The Parties to this Agreement unconditionally agree that the maximum amount of damages that may be recovered from the Language Academy is limited to the amount paid by the Client for the Services whose non-fulfillment or improper fulfillment caused the damages.
9.3. The Client shall bear full responsibility for the accuracy of the information provided when accepting this Agreement.
9.4. The Language Academy shall not be held liable for harm caused to the life and health of the Client (and/or the actual recipient of the Service and/or any invited persons) due to their own fault or the fault of third parties (actual providers of additional services) or in the event of non-compliance with personal safety rules.
9.5. The Language Academy shall not be held responsible for the discrepancy between the actual Services provided and the subjective expectations and perceptions of the Client (and/or the actual recipient of the Service and/or any invited persons) regarding such Services.
9.6. The Language Academy shall not bear any liability under this Offer for:
- Any actions that are a direct or indirect result of the actions of the Client (and/or the actual recipient of the Service and/or any invited persons).
- Any losses of the Client (and/or the actual recipient of the Service and/or any invited persons), regardless of whether the Language Academy could foresee the possibility of such losses or not.
- Harm caused to the life and health of the Client (and/or the actual recipient of the Service and/or any invited persons) in case of their non-compliance with safety regulations during the provision of the Service.
9.7. Without contradicting the above, the Parties shall be released from liability for breaching the terms of the Agreement if such breach is caused by force majeure circumstances that are beyond the reasonable control of the Parties and if such circumstances directly affect the performance of the Agreement. The occurrence of force majeure circumstances must be confirmed in writing.
10. Notices and Notifications
10.1. The Parties unconditionally recognize the legal force of documents received via communication channels (email) as equal to documents executed in simple written form on paper, except in cases where the execution of documents on paper is mandatory.
10.2. The Parties unconditionally agree that all correspondence, notices, and notifications, as well as payment demands for services ordered by the Client, received at the email addresses, shall be deemed duly delivered to the addressee.
10.3. The Parties are obliged to check in a timely manner the correspondence received at their email addresses and messaging services.
10.4. The Language Academy reserves the right to inform the Client promptly, if necessary, via phone, accessible messaging services, or email.
10.5. Any risks associated with the occurrence of adverse consequences due to non-compliance with these requirements shall be borne by the Party that committed such a violation.
11. Term of the Agreement and Termination Procedure
11.1. This Agreement shall be deemed concluded from the moment the Client's funds are credited to the Language Academy’s account.
11.2. This Agreement may be terminated:
11.2.1. By mutual agreement of the Parties.
11.2.2. Unilaterally at the Language Academy’s initiative.
11.2.3. Unilaterally at the Client’s initiative.
11.2.4. By a decision of the Economic Court of Minsk.
12. Other Conditions
12.1. The Parties unconditionally agree that this Agreement is concluded at the legal address of the Language Academy.
12.2. Any disputes or disagreements arising between the Parties under this Agreement shall be resolved through negotiations (with mandatory written documentation), and in the event of an inability to reach an amicable settlement, in accordance with the procedure provided by the legislation of the Republic of Belarus.
12.3. If any provision of this Agreement loses its legal force, is recognized as illegal, or is excluded from this Agreement, it shall not invalidate the remaining provisions of this Agreement, which shall remain legally binding and enforceable for all Parties.
12.4. All issues not regulated by this Agreement shall be resolved in accordance with the current legislation of the Republic of Belarus, as well as the Language Academy's internal regulatory documents, provided that they comply with the applicable legislation of the Republic of Belarus.
13. Parties’ Details
13.1. The Parties unconditionally agree that the Client’s details shall be the information provided by the Client when placing the order for Services and paying for the Services, including the place of residence, surname, and first name.
13.2. Language Academy’s details:
Company
