Terms and Conditions for the Provision of Information and Consulting Services.
The website "Speaktiger.com," located at
https://speaktiger.com (hereinafter referred to as "Site"), designated as "Executor," publishes these Terms and Conditions for the provision of consulting and information services.
DEFINITION OF TERMS
1.1 In the text of these Terms and Conditions, unless the context requires otherwise, the following terms have the meanings set forth below:
– "Offer" - a public offer from the Executor addressed to any individual aged 18 or older to enter into an agreement for the provision of information and consulting services (hereinafter referred to as "Contract") under the terms set forth in the Contract, including all its annexes;
– "Client" - an individual aged 18 or older who expresses their willingness to use the Executor's services under the terms established in the Contract;
– "Acceptance" - the full and unconditional acceptance of the terms of the Contract by the Client;
– "Service" - a list of items available as presented in the sections of the Site;
– "Order" - individual items from the list of services selected by the Client when placing an order on the Site;
– "Parties" - a collective term used to refer to the Client and the Executor for the purposes of the Contract.
2. GENERAL PROVISIONS
2.1 This document is a public offer, and by accepting the conditions below, the Client, who accepts this offer, makes payment for the selected Services on the Site in accordance with the terms of the public offer. The payment for the Order on the Site by the Client constitutes an Acceptance of the offer, which is considered equivalent to the conclusion of the Contract under the terms established in the offer. By making the payment, the Client guarantees that they have read, agree with, and fully and unconditionally accept all the terms of the Contract as outlined in the text of the public offer.
2.2 The Executor reserves the right to make changes to the Offer at any time without prior notice to the Client. Changes to the conditions take effect from the moment they are published on the Site.
2.3 The Contract may be terminated at any time.
2.4 The Contract does not require the Parties' signatures to retain its full legal validity.
2.5 The Site and Services are exclusively for individuals aged 18 or older. Access to or use of the Site and Services by anyone under the age of 18 is strictly prohibited. By using the Site and placing an Order on the Site, the Client represents and warrants that they are at least 18 years of age.
2.6 Based on the above, the Client agrees to read the text of the public offer carefully and, if they do not agree with any provision of the offer or do not meet the terms of use of the Site, the Client must immediately leave the Site.
3. SUBJECT OF THE CONTRACT
3.1 Under the terms of the Contract, the Executor undertakes to provide consulting and information services of a linguistic nature (hereinafter referred to as "Services"), and the Client agrees to accept and pay for these Services in full within the timeframes established in the Contract. The service delivery timelines are agreed upon individually starting from the moment the Client makes the payment for the Order on the Site.
3.2 The Services are provided by the Executor in the form of individual online consultations with the Client (hereinafter referred to as "Consultation"), using the Zoom or Skype platforms (based on the Client's preference), which allow audio and video communication between the Client and the Executor (
https://zoom.us and
https://skype.com). The format, duration, schedule, and date of each Consultation are agreed upon according to an individual schedule agreed upon by the Parties.
3.3 Each Consultation may allow the presence of third parties (other participants of the Consultation) on the part of the Executor.
3.4 The provision of Services can be confirmed by:
3.4.1 Conducting the Consultation for the Client, with an additional written notification sent to the Client's email address or through mobile communication methods.
3.5 The objective of the Services is to provide general information and consultancy to the Client on the most effective methods of learning and translating of foreign languages.
4. PROCEDURE FOR SERVICE PROVISION
4.1 The Parties agree that, during the term of this Contract, the number of Consultations to be conducted will be the number specified in the Order and fully paid for by the Client on the Executor's site. As per item 3.2, a Consultation is conducted on each agreed day within an agreed time interval. In the event of the Client being late for the Consultation, the delay time is deducted from the Consultation time.
4.2 The Executor reserves the right to involve third parties in the provision of Services under this Contract. In the event of third-party involvement, the Executor is responsible to the Client as per the terms stipulated in this Contract, including for their actions in providing the Services, as if they were their own.
4.3 The content of each Consultation is determined by the Executor. The content of the Consultations may be adjusted by the Parties through correspondence at the email addresses provided when completing the Order on the site. These adjustments are additionally agreed upon by the Parties and considered accepted upon each Party's consent.
4.4 The acceptance of the provided Services occurs in stages, after the conclusion of each Consultation. Each Consultation is considered completed (Service provided) if the Executor does not receive a substantiated complaint from the Client regarding the scope and quality of the Services provided within 2 (two) hours after the conclusion of the Consultation. Complaints regarding the quality and scope of the Services provided are sent by the Client as per the method established in paragraphs 11.7 and 11.8 of this Contract.
5. OBLIGATIONS OF THE EXECUTOR
5.1 To provide the services in accordance with the scope and timelines established in this Contract.
5.2 Adhere to the schedule set for each Consultation.
5.3 Coordinate promptly with the Client regarding any changes in timelines or other conditions of this Contract.
6. RIGHTS OF THE EXECUTOR
6.1 Utilise the necessary materials and methods for providing the Services.
6.2 Suspend the Consultations in the event of non-payment by the Client.
6.3 Cancel Consultations at the Executor's initiative. A Consultation is considered canceled by the Executor if the Executor notifies the Client of the cancellation before it begins, either by calling or sending a message to the contact details provided by the Client. In case of cancellation of a Consultation by the Executor, the Parties agree to conduct an additional Consultation as a replacement. The possibility of conducting an additional Consultation is agreed upon by the Parties via phone or email. The Consultation canceled by the Executor will not be charged to the Client if it cannot be rescheduled.
7. OBLIGATIONS OF THE CLIENT
7.1 Pay for the Consultations conducted according to the established cost, in the amount and within the timeframe indicated on the Site.
7.2 The Parties agree that the total cost of the Services in this Contract is divided into equivalent payments, made by the Executor as an advance payment.
7.3 The settlement period for each payment is 7 (seven) calendar days. During the settlement period, but before the date of the next unpaid Consultation, the Client must transfer to the Executor’s account the amount corresponding to 100% of the prepayment for the number of Consultations they are willing to take.
7.4 Attend the Consultations in accordance with the conditions established in paragraph 3.2 of this Contract, without absences or delays.
7.5 The Client does not have the right to cancel Consultations on their own initiative but agrees to inform the Executor of their inability to attend the next Consultation at least 24 hours in advance. If the Client fails to attend a paid Consultation, that Consultation is considered completed and must be paid for by the Client.
7.6 Handle the Executor's property, equipment, and software provided during the Consultation with care.
7.7 Maintain confidentiality regarding the procedure and content of the Consultations with respect to third parties.
8. RIGHTS OF THE CLIENT
8.1 Receive information from the Executor about the progress of the Consultations.
8.2 Familiarize themselves with the Executor's informational materials and methods.
8.3 If unable to attend a Consultation previously agreed upon with the Executor, that Consultation is considered completed and must be paid in full, according to the total value of a Consultation as indicated in clause 9.1 of this Contract.
8.4 In the event of repeated violations of obligations by the Executor, the Client has the right to unilaterally terminate this Contract, provided that they notify the Executor at least 7 (seven) business days in advance by sending a notice to the Executor’s email address indicated in clause 12 of this Contract.
9. COST AND PAYMENT PROCEDURE FOR SERVICES
9.1 The cost of the Services is determined by the Executor and published on the Site. The cost of the services does not include VAT.
9.2 The Executor's receipt of payment for the Services implies the Client's agreement (acceptance) with all the terms of the Contract, as set forth in the text of this Contract.
9.3 Payment under this Contract is made by transferring funds in euros, in accordance with the bank details provided in the Contract, or through an online transaction using a payment system available on the Site, within 1 business day after the invoice is sent by the Executor to the Client. In this case, the Client's payment obligations under this Contract will be considered fulfilled from the date the funds are debited from the Client's account by the bank.
9.4 The Client's failure to attend the Consultations is not a reason for a reduction in the cost of the services in this Contract.
10. SPECIAL CONDITIONS
10.1 The Client acknowledges that the fulfillment of obligations by the Parties under this Contract does not guarantee the Client's success in any test or exam, nor the achievement of any specific results in terms of proficiency or use of a foreign language.
10.2 This Contract does not imply any obligation on the part of the Executor to provide consulting to the Client during the performance of any test or exam.
11. DISPUTE RESOLUTION PROCEDURE AND CONTRACT TERMINATION
11.1 The parties commit to resolving any disputes or disagreements that may arise during the performance of this Contract through negotiations.
11.2 If the disputes cannot be resolved through negotiations between the parties, they shall be submitted for judicial resolution in accordance with the applicable law. In case a dispute is not resolved extrajudicially or if no response to a claim is received within 7 (seven) business days, the dispute will be referred to the competent court at the location of the Executor.
11.3 This Contract may be terminated by mutual agreement of the parties. The termination of the Contract by mutual agreement is formalised by sending a written notice to each party's email address and is considered an integral part of this Contract.
11.4 Either party has the right to unilaterally terminate this Contract, provided they notify the other party at least 7 business days in advance by sending a notification to each party's email addresses. On the date of the Contract termination, the Client must make payment for the Services received.
11.5 Upon the expiration of the period established in clause 3.1, this Contract is considered terminated due to the expiration of its term.
11.6 In the event of termination of this Contract based on clauses 6.4, 8.4, and 11.3, the Executor will refund the payment received for the Services within 10 business days, deducting the amount for the Consultations actually conducted. The cost of the Consultation is indicated in clause 9.1 of this Contract.
11.7 The parties acknowledge themselves as participants in electronic interaction in accordance with the applicable law and agree that all documents in electronic format, signed with a simple electronic signature, are considered electronic documents equivalent to paper documents signed manually. The exchange of electronic documents occurs between the parties via the Client's email address provided as well as via the Executor's email address indicated in section 12 of this Contract. By signing a document with a simple electronic signature (hereinafter referred to as "SES"), the identification of the parties, Client and Executor, is carried out using their respective email addresses and passwords. In this case, the email address is the open part of the SES key, while the password is the closed part of the SES key. The parties guarantee that the passwords for the email accounts are not known to third parties. Each party excludes the possibility of documents (including SES) being signed by unauthorized persons.
11.8 All confirmations, notifications, agreements, messages, requests, claims, and objections sent to the email addresses or through other means of communication, issued to fulfil the conditions of this Contract, may be sent, received, and completed by the parties using electronic and mobile communication means. The aforementioned documents are considered legally equivalent by the parties, without any restriction, to documents drafted in written form, provided they are sent from the Client's email address or mobile communication number, or from the Executor's email address or phone number, and can be used as formal evidence.
CONTACT DETAILS
Executor:
Evgeny Dmitrievskiy
Phone: +351 (933) 478 767
Email:
speak.tgr@gmail.com