This Public Agreement on paid services in the field of  foreign language  (hereinafter referred to as the Agreement) determines the procedure for the provision of educational and consulting services in the field of teaching foreign languages and improving communication skills, as well as mutual rights, obligations and the procedure for the relationship between sole proprietor Alla Bykova and the consumer of services, hereinafter referred to as the "Client", who accepted the public offer to conclude this Agreement.

1. GENERAL PROVISIONS. DEFINITIONS.
In this Agreement, the following terms are used:
Offer – this document, published on the website: https://enru.me
Acceptance of the Offer – full and unconditional acceptance of the Offer by making an advance payment in the manner determined by this Agreement.
Client - a person who has accepted the Offer and is a consumer of services under this Agreement.
Course participant – the Client or a third party in whose favor the Client concludes the Agreement.
Website – an Internet resource containing complete information about the content and cost of services, located at: https://enru.me
Services – distance learning, testing and / or consulting the Client through electronic channels of voice and / or video communication about services selected by the Client. The list of educational and consulting services, as well as video tutorials, webinars, trainings, seminars, marathons, consultations, performed by the Provider under this Agreement is posted on the Provider's Website at: https://enru.me. The Provider has the right to provide services to the Client on issues not posted on the Provider's Website. In such cases, the list of such services must be agreed by the Parties in writing or through digital voice and/or video communication channels.

Digital voice and/or video communication channels – software that allows the parties to interact and exchange audio and video information between them both in real time and offline includes Email, Viber, WhatsApp, Telegram, Skype, Zoom, Slack and others.


2. SUBJECT OF THE AGREEMENT
2.1. The Client orders, and the Provider undertakes to provide services of distance learning, testing and / or consulting the Client through digital channels of voice and / or video communication on issues (programs, courses) selected by the Client, on the Provider's Website at: https://enru.me - or agreed with the Provider on an individual basis, according to the requirements of this Agreement.
2.2. Under this Agreement, the Provider offers educational and consulting services, as well as organizes and conducts video tutorials, webinars, trainings, seminars, marathons, provides consultations in the field of learning foreign languages in the "as is" format and in the form in which the service is available at the time of provision.
2.3. The Client pays the Provider the cost of services in the amount and in the manner established by this Agreement.
2.4. In the event that this Agreement is concluded in favor of third parties, the Client thereby expresses their consent to the conditions for the provision of services provided for in this Agreement, whereas all risks, associated with non-performance (improper performance) by the Course participants of the conditions for the provision of services under this Agreement, shall be borne by the Client.

3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. Publication of this Agreement on the Internet at: https://enru.me is a public offer (offer) of the Provider, addressed to an indefinite number of persons to conclude this Agreement.
3.2. This Agreement is concluded when the Client joins the Agreement by accepting the terms of the Agreement as a whole without any conditions, exceptions and reservations.
3.3. To accept the offer, the Client needs to fill out an application form for the purchase of services through the form posted on the official website of the Provider: https://enru.me, or by sending a request to the Provider's email: info@enru.me. The Client can also apply by a phone call via the phone numbers in the contact information on the Client's Website, providing the following information:

• Name of the service of interest, in accordance with the Provider's Price List (its description, if necessary);
• Client Identification Information - last name, first name, contact phone number, as well as other information related to the service: the age of the Client or Course Participant (if it is not the same as the Client), postal address, e-mail address, other information (for example, the desired time for the classes).

3.4. Based on the application received from the Client, the Provider discusses the scope of services that the Client intends to purchase and forms an order, which is assigned an individual number. The Provider sends the order number and a payment link for the Services to the Client, according to the Provider's Price List, to the Client's email address from the application.
3.5. The fact of acceptance by the Client of the terms of this Agreement is the payment by the Client for the services ordered by them in the manner and on the terms determined by this Agreement or the performance by the Client of any actions indicating their agreement with the terms of the Agreement, including, but not limited to, sending an application for purchasing services, passing tests, etc.


4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Provider undertakes:
4.1.1. Providing the Client with full information about the services and the procedure for their provision (a list of issues on which consultation (or provision of information) is carried out), topics, programs of video tutorials, webinars, trainings, seminars, courses, marathons, classes, their venue (if necessary) and other information that the Provider sees necessary).
4.1.2. Providing Services to the Client in accordance with the terms of this Agreement.
4.1.3. Do not disclose confidential information and data provided by the Client related to the execution of this Agreement.
 
4.2. The Provider has the rights:
4.2.1. To determine independently the forms, methods and ways of providing the Services.
4.2.2. To reschedule no more than 15% of the course lessons, having notified the Client no later than 12 hours before the start of the lesson, by phone or email.
4.2.3. Engage third parties with the appropriate qualifications for the performance of services, for which the Provider bears full responsibility under the Agreement.
4.2.4. Unilaterally suspend the provision of the Services (or refuse further execution of the Agreement) in case of late or no payment by the Client for the Provider's Services (in this case, any delay in the performance of the Provider’s obligations is considered to be due to the fault of the Client, and the Provider is not responsible for it).

4.3. The Client undertakes:
4.3.1. Fully familiarizing with the Offer before making an advance payment.
4.3.2. Providing reliable information about the Client and the Course Participant (if not the same as the Client) when submitting an application for the provision of services and keep this information up to date until the provision of services.
4.3.3. Paying timely and in full for the cost of the Services provided by the Provider in accordance with the terms of the Agreement.
4.3.4. Sharing all the information and data necessary for the Provider to fulfill its obligations under this Agreement.
4.3.5. Not disclosing confidential information and other data provided by the Provider in connection with the execution of this Agreement.
4.3.6. Not transferring and preventing the possibility of transferring to third parties and using for commercial purposes the information and methodological material that is provided to the Course participant both in printed and electronic form.

4.4. The Client has the right:
4.4.1. To receive from the Provider information about the results, content, scope and cost of services provided under this Agreement, the procedure and terms of payment for these services.
4.4.2. To submit written suggestions and feedback on the learning process via email and receive a response within two business days.
4.4.3. To reschedule no more than 15% of the course lessons, having notified the Provider no later than 12 hours before the start of the lesson, by phone or email, or messenger.
4.4.4. To use the information and materials received from the Provider during services, at their own discretion and under their own property liability, with the restrictions established by law and this Agreement.
4.4.5. Unless otherwise provided by this Agreement, the Client has the right to leave the seminar, webinar, course, marathon conducted by the Provider at any time for any reason. In this case, the amount of money for participation in a seminar, webinar, course, marathon is non-refundable.
4.4.6. If the Client, after paying for the Provider’s services, refuses to accept them, provided that the services are not delivered by the Provider by the time of such refusal, the Provider, having a written request from the Client, has the right to provide the Client with another service of interest to them in accordance with the Price List of the Provider. At the same time, the payment made by the Client for the previously selected service may be offset by the Provider against payment for the newly selected service. After the start of the provision of services by the Provider, the payment made by the Client is non-refundable.

5. FORMAT OF SERVICES 
5.1. Classes are held according to the schedule of the selected Program. Information about the schedule (days and time of the classes) is agreed with the Client prior to the start of the program via a telephone conversation at the phone number given by the Client, and / or through correspondence by e-mail or in a Viber, Telegram or similar messengers group specially created for the Client.
5.2 It is allowed to reschedule no more than 15% of classes of the selected Program. In this case, the new time or day must be agreed with the Provider or their representative no later than 12 hours before the scheduled class by a phone call, a notification to the Provider’s email or in a Viber, Telegram or similar messenger group specially created for the Client.
5.3. In case of a teacher’s illness or unforeseen circumstances, the Provider has the right to reschedule no more than 15% of course classes. The Client must be notified before the start of the scheduled class by a phone call, a notification to the Client’s email or in a Viber, Telegram or similar messenger group specially created for the Client.
5.4. If the Client did not attend the class and did not notify about the need to reschedule the lesson to another time under clause 5.2 of this Agreement, the Service is considered to be provided in full and the payment for the missed lesson is non-refundable.
5.5. If the Client was late for the class, the time of the class is not extended according to the time of delay.
5.6. In case the Client does not systematically fulfill the requirements of the course regarding the completion of assignments, attending classes, following recommendations thus making it impossible to complete the course effectively, of the Provider, the Provider has the right to refuse services under this Agreement unilaterally without refunding the payment to the Client.
5.7. For the stable conduct of online classes, the Client must do the following things by themselves:

• organize a workplace with a personal computer or other device (tablet, phone). These devices must be able to connect to the Internet and establish audio and video communications;
• install and check the functioning of the application through which the class will be conducted (Zoom, Skype, Viber, etc.);
• install and check the functioning of their web-camera, headphones, microphone;
• provide access to the Internet at a speed of at least 5 Mbps.

5.8. The term for the provision of Services to the Client in the field of studying foreign languages is equal to the duration of the Program selected by the Client, as described on the Provider's Website, and is calculated from the date of the first class conducted for the Client.

6. PRICE OF SERVICES, PAYMENT PROCEDURE
6.1. The price of Services under this Agreement and the payments are determined by the amount of the Services ordered by the Client in accordance with the Provider’s Price Lists, posted on the Provider's website https://enru.me/pay valid immediately at the time of sending to the Client an order number and a payment link to pay for the Services in accordance with the Price List of the Provider.
6.2. The Client pays for the Provider's services in full on a prepaid basis within 3 business days from the date of sending them the order number and a link to pay for the Services, or in installments, if this possibility is provided for by the Provider's Price List at https://enru.me/pay. 
6.3. After receiving the order number and a link to pay for the Services, the Clients pay for the ordered services using the online payment service on the Provider's Website or by means of a non-cash bank transfer of funds indicating the purpose of payment to the Provider's account specified in the Provider's details:
"Payment for services according to order No. _____."
6.4. If the Provider's Price List allows payments by installments, the first installment is to be made no later than 3 (three) business days before the start of the services. Payment for the 2nd and each subsequent installments is made before the expiration of the previous stage no later than 3 (three) business days before the start of the provision of services for the next stage. If the Client violates the procedure for paying for services, the Provider has the right to refuse the Services under this Agreement unilaterally.
6.5. Payment currency under the Agreement: US dollars.
6.6. The payment day is the day of receipt of funds to the Provider’s account.
6.7. All expenses of the Client related to the transfer of funds to the Provider shall be borne by the Client. When paying using third-party services, services or contractors may charge a fee for making non-cash payments.
6.8. In order to attract new Clients and increase demand for the Provider's services, the Provider has the right to provide Clients with discounts on the price of the services at the discretion of the Provider.
6.9. The Provider reserves the right to unilaterally change the price of services in the Price List in the manner prescribed in clause 12.6 of this Agreement.


7. USE OF PERSONAL INFORMATION
7.1. By entering into this Agreement, the Client thereby declares that the information that they provide in the application for the provision of services is complete, reliable and accurate.
7.2. The Client agrees to receive advertising information from the Provider in the future through postal messages, SMS messages, email and other means of communication. The Client may refuse to receive promotional messages by using the "Unsubscribe" function in email, as well as by sending an SMS message to the Provider's contact number.
7.3. The Provider may publish on the Provider's Website, as well as in social media accounts, photo and video materials of classes with the participation of the Client with the written consent of the Client.
7.4 Pursuant to the provisions of the General Personal Data Protection Regulation (“GDPR”), the Provider is responsible for safe and lawful use of the Client’s personal data. The Client has the right to request access to their personal data, the right to have it updated, corrected, or deleted, the right to limit processing of personal data, the right to object against data processing, as well as the right to data portability. If the Client is not satisfied with the way the Provider processes personal data they have the right to submit a complaint to the President of the Personal Data Protection Office. 
8. INTELLECTUAL PROPERTY
8.1. The Client is obliged to respect the copyrights of the Provider and third parties for all materials received from the Provider in accordance with the Polish legislation on copyright.
8.2. The Client is prohibited from copying any video, audio and text materials. The exception is files marked as "Materials for download".
8.3. The Client is prohibited from using the information and materials received as part of the provision of services under this Agreement at courses, seminars, webinars, consultations for commercial purposes on their own behalf, posting it in the public domain, transferring it to third parties. Detection of the fact of access to materials and information of third parties is the basis for unilateral termination by the Provider of this Agreement without a refund.

9. LIABILITY OF THE PARTIES
9.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the Party at fault shall be liable in accordance with the legislation of the Republiс of Poland, taking into account the specifics established by this Agreement.
9.2. The Provider is not responsible for the Client’s losses incurred as a result of inability of the Client to consume the Services, where the losses are caused due to non-compliance by the Client or Students with the Program schedule carried out by the Provider, as well as violation by the Client of the terms of this Agreement, ethical standards of conduct during courses, seminars, webinars or other events.
9.3. The Provider is not responsible for the ways and methods the Client uses the information received from the Provider as part of the provision of services under this Agreement.
9.4. The Provider is not responsible for the inconsistency of information and data with the expectations of the Client or Course Students. The Client independently, at their own discretion and under their own financial responsibility, makes decisions on the use (or non-use) of the data received from the Provider as a result of the provision of services by the latter under this Agreement.
9.5. The parties to this Agreement unconditionally agree that the maximum amount of damages or incurred losses that can be recovered from the Provider is limited to the amount of Services paid for by the Client.  
11. FORCE MAJOR
10.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of force majeure and other circumstances that arose after the conclusion of this Agreement, which the Party could neither foresee nor prevent by reasonable measures.
10.2. The above circumstances in the context of this Agreement include:
10.2.1. natural disasters, epidemics, war or hostilities, strikes in the industry or region, and other such circumstances;
10.2.2. other unforeseen circumstances and / or actions of third parties, including, but not limited to, failures in the city's power grid, technical problems at Internet transit nodes and other disruptions in the functioning of data transmission networks that are outside the sphere of influence of the Parties.
10.3. In the event of force majeure circumstances, the deadline for fulfilling obligations under this Agreement shall be extended in proportion to the time during which such circumstances and their consequences are in force.
10.4. If the circumstances described in clause 10.2. will last more than 10 (ten) days, then each of the parties will have the right to terminate the Agreement in whole or in part. In this case, the Parties shall make settlements among themselves for the actually rendered services.

11. DISPUTES RESOLUTION
11.1. All disputes and disagreements related to this Agreement, the parties undertake to resolve through negotiations and sending written claims.
11.2. If the parties fail to resolve all disputes in the manner prescribed by clause 11.1 of this Agreement, all disputes arising from this Agreement, including those related to its conclusion, modification, termination, performance, invalidity, shall be resolved in court in accordance with the legislation of the Republic of Poland. 
12. TERM OF THE CONTRACT. PROCEDURE FOR ITS AMENDMENT AND TERMINATION
12.1. This Agreement is considered concluded at the location of the Provider from the moment the funds paid by the Client are credited to the account of the Provider as payment for the services ordered by them in accordance with the terms of this Agreement, or from the moment the Client performs other actions indicating acceptance of the Agreement.
12.2. By paying the cost of the Services, the Client unconditionally agrees to the terms of the Agreement.
12.3. This Agreement is valid until the Parties fully fulfill their obligations under the Agreement.
12.4. This Agreement may be terminated by agreement of the Parties or unilaterally by the Provider (in the cases established by this Agreement) and the Client in connection with their disagreement with the changes or additions made by the Provider to this Agreement.
12.5. The Client agrees that in the event of termination of this Agreement or unilateral refusal of one of the parties to execute this Agreement, they are not entitled to demand from the Provider the return of any amounts paid by the Client in payment for services, even if the validity period of these Services has not yet been completed, except in cases where the Agreement is terminated due to a breach by the Provider of their obligations or in connection with the Client's disagreement with the changes or additions made by the Provider to this Agreement.
12.6. The procedure for making changes and additions to the Agreement:
12.6.1. Changes and / or additions to this Agreement, including those relating to the Price List, are made unilaterally by decision of the Provider.
12.6.2. Changes and / or additions made by the Provider to this Agreement on their own initiative come into force 7 (seven) calendar days after they are published on the Website. 
12.6.3. The text of amendments and / or additions to this Agreement or its new version is brought to the public by the Provider by posting the relevant information on the Website at: https://enru.me.
12.6.4. In case of disagreement with the changes and / or additions made, the Client has the right to terminate this Agreement within 2 business days from the date the changes and / or additions come into force by notifying the Provider in writing.
12.6.5. The Parties unconditionally agree that absence of response (lack of written notices of termination of this Agreement or disagreement with certain provisions of this Agreement, including changes in the Price List for the Provider's services) is recognized as the consent and accession of the Client to the new version of this Agreement. 
13. OTHER TERMS AND CONDITIONS
13.1. The Parties agree that they recognize the legal force of the texts of documents received via communication channels (email) on an equal footing with documents executed in simple written form on paper, except in cases where the execution of documents on paper is mandatory due to the requirements of the law or this Agreement.
13.2. The Parties agree that all correspondence, notifications and notices received at the email addresses specified in this Agreement or in documents sent to fulfill the Agreement (applications, notifications, statements, orders, acts), as details of the Parties, are considered delivered to the addressee in proper form.
13.3. The Parties are obliged to timely check the correspondence received at their email addresses or in instant messengers used by the Parties for communication, in accordance with the terms of this Agreement.
13.4. All risks associated with the onset of adverse consequences due to non-compliance with the requirements of clause 13.3 of this Agreement shall be borne by the Party that committed such a violation.
13.5. In case any of the terms of this Agreement loses legal force, is declared illegal or is excluded from this Agreement, this does not entail the invalidity of the remaining terms of this Agreement, which will remain legally valid and are binding on all Parties.
13.6. All issues not regulated by this Agreement shall be resolved in accordance with the current legislation of ____________, as well as local regulatory documents of the Provider.

14. DETAILS OF THE PARTIES:
14.1. The Parties agree to consider the details of the Client to be the information specified by them in the application for the purchase of services.
14.2. Details of the Provider:


Alla Bykova
Address: ul Lecha Kaczyńskiego, nr 22a, lok. 3, 80-365 Gdańsk, Polska

NIP: 5842814970

REGON: 521429731
PL51 1020 1811 0000 0102 0394 5565
Powszechna Kasa Oszczędności Bank Polski Spółka Akcyjna 

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