Terms of Service

Distance Learning English Classes

Updated May 1st, 2022

Everyday English Online LLC (hereinafter referred to as the "Company"), represented by the sole managing member, acting on the basis of the articles of formation, on the one hand, and an individual purchasing services for remote English classes (hereinafter referred to as the "User"), on the other hand, hereinafter collectively referred to as the "Parties", enter into this Agreement for the provision of services for remote English classes (hereinafter referred to as the "Agreement" ) about the following:

1. Acceptance of this Agreement

1.1 This Agreement is the Company's offer for individuals (Users) to conclude an agreement for the provision of paid services for remote English classes on the conditions below.

1.2. The fact confirming the acceptance by the User of the conditions set forth below, and the acceptance of this offer is the payment for the services of the Company for remote English classes. Acceptance by the User of this Agreement means that he fully agrees with all the provisions and is aware of the essence of this Agreement.

1.3. The User accepting the terms of this Agreement assures the Company that he has reached the age of full capacity to enter into and execute this Agreement, and the consent or approval of third parties is not required for the conclusion and execution of the Agreement.

1.4. If the User is a parent or legal guardian or guardian of a citizen who does not have the necessary legal capacity and in whose interests this Agreement is concluded, the parents and guardians (trustees) agree to the terms of the Agreement and are responsible for the use of services by such a citizen.

1.5. At the end of the course of classes, the User has the right to request a services rendered certificate confirming that the User has been provided with a certain number of classes. In the event that within 10 (Ten) days after the end of the course (lesson package) the User has not sent a request to receive the Statement-report, the services rendered are considered to have been performed in full.
At the same time, the User agrees that the development of the English language depends on time spent on learning the language, the User's abilities and the efforts made by him.

1.6. The absence of claims of the User within 10 (ten) days from the date of provision of the service, but no later than the validity period of the lesson package, is considered to be confirmation of the services rendered in full and of proper quality. Claims are submitted in
writing by email. The user has the right to request the details of the classes held at any time from the Company.

2. Subject of the agreement

2.1. The subject of this Agreement is the obligation of the Company to provide services for remote English classes.

2.2. The methodology and format of distance learning is determined by the Company in accordance with this Agreement.

3. Appointment of the teacher and class schedule

3.1. The appointment of a teacher for the User is carried out by the Company based on the goals of the User learning English, the level of English proficiency and the availability of the teacher. The User is hereby informed that the Company determines the level of English language proficiency for the purposes of drawing up a lesson plan and appointing a teacher. The English language proficiency score is for reference only and may differ from the score that the User may receive from third parties.

3.2. The level of English proficiency is determined by testing (trial lesson) in 2 (two) different ways at the User's choice:
- free testing (the User requests a link to the English language test developed by the Company and performs it online);
- paid testing (trial lesson) (the teacher conducts testing with the User in an individual lesson, the lesson is paid as one individual lesson).
The user has the right to go through the above 2 (two) testing methods before purchasing a lesson package.
The user has the right to continue taking trial lessons with different teachers until he finds a suitable specialist for him in terms of his level of English proficiency, language learning goals and time.
The user is obliged to purchase a lesson package after successfully completing a trial lesson / testing.

3.3. The user has the right to submit a request to the Company to replace the teacher, indicating the reasons for such a replacement. Replacement of the teacher is carried out at the discretion of the Company within three working days from reception of the User's request.

3.4. The Company has the right to substitute a teacher for good reasons (illness, planned absence, other circumstances) and agrees to notify the User about this by phone, e-mail, SMS message or via the WhatsApp messenger (or other similar messenger). If the User refuses to change the teacher, the User has the right to suspend the reception of services under this Agreement.

3.5. The schedule of classes is compiled based on what time intervals are free for classes both for the User and for the assigned teacher.

4. Organization of the classes

4.1. Classes are held remotely using the Internet using the Zoom program (platform) or other similar program.

4.2. The user is responsible for compliance with the minimum PC system requirements and Internet connection bandwidth, posted on the official Zoom website at: https://support.zoom.us/hc/en-us/articles/201362023. If the Parties use other similar programs for classes, the User is guided by the requirements posted on the official websites of such programs.

4.3. To conduct classes, the User provides access to the microphone and camera to his device, and also properly organizes his workplace.

4.4. The Company is not responsible for the failure to provide services or their inadequate quality if the reason for that failure is non-compliance with system requirements, lack of necessary software and equipment, or technical problems with the User's connection to the Internet.

4.5. If the teacher is unable to begin the lesson with the User at the start time of the lesson set by the schedule, the teacher is obliged to contact the User by phone, e-mail, SMS or via WhatsApp messenger (or other similar messenger). The lesson is considered to have started according to the schedule, regardless of when the connection is established, insofar as the teacher attempts to contact the User. If the teacher fails to contact the User, the lesson is considered to have been conducted and is paid in the amount of 100% of its cost.

4.6. If within 5 (five) minutes after the scheduled start of the lesson, the User does not receive a call or message from the teacher, the User is obliged to contact the the Company by phone to find out the reasons for the delay. A lesson that was not conducted through the fault of the teacher is postponed to another time acceptable to the User.

4.7. Several types of classes (lesson packages) are available to the User:
4.7.1. group classes of several (from 2 or more) users (without limitations as to the number of classes);
4.7.2. individual lessons - private lessons with only the User and the teacher in a 1 on 1 format. The number of lessons is determined by the selected lesson package

4.8. The validity period of the lesson package starts from the date of the first session of the User. The User has the right to inquire with the Company before the expiration of the lesson package period with a request by letter, SMS message, through the WhatsApp messenger (or other similar messenger) with a request for a good reason (illness, planned absence, other circumstances) to extend the lesson package period. The Company shall consider the received request for renewal of the lesson package for good reasons within 3 (Three) business days and has the right to extend the validity of the lesson package for up to 1 calendar week.

4.9. The lesson package period cannot be extended if the lesson package is transferred to third parties or other users (including relatives and others).

4.10. In the event of force majeure circumstances (force majeure circumstances independent of the will of the parties), the lesson package period may be extended upon agreement by the Parties.

4.11. Each lesson package is valid for one User.

4.12. It is not allowed to combine the User's lesson packages in order to abuse the rights (obtain an additional discount).

4.13. In case of suspension of classes for the reasons specified in paragraph 3.4. of this Agreement, the lesson package period remains in force and shall not update, being valid until its expiration. After the lesson package period expires, the Company is not obliged to provide services further

4.14. In the event of suspension of services for any reason, the User is not entitled to demand a refund for the purchased lesson package, unless not one single lesson has been provided within the framework of this lesson packageb(such a lesson package is “new” and is subject to return).

5. Transfer and cancellation of classes, absences from classes

5.1. The Company has the right to change the schedule of classes with prior notice to the User 24 (twenty-four) hours before the start of the next class.

5.2. The Company also has the right to suspend classes at its own discretion in the event of public holidays at the place of residence of the User or at the location of the Company, of which the Company agrees to notify the User in advance.

5.3. The User has the right to reschedule or cancel the lesson up to 4 (Four) hours before the start. In case of non-compliance with the specified period, the service for conducting the lesson is considered completed. There is no limit to the number of cancellations or reschedules. If the lesson package period expires, no refund is made, services are not provided.

5.4. The User has the right to suspend the provision of services by notifying the Company 24 (twenty four) hours before the start of the next lesson, while the Parties draw up a new class schedule.

5.5. Transfers in group classes are not allowed. When canceling or skipping a group lesson, the Company will provide the User with a recording of the lesson upon request.

5.6. The information correspondence of the Parties for the purposes of this section is carried out by the Parties through telephone calls, SMS, WhatsApp messages (or similar messenger services) or via email.

6. Rights and obligations of the parties

6.1. Rights and obligations of the Company:
6.1.2. the Company agrees to provide the services specified in paragraph 1.1 of this Agreement in an appropriate manner, in accordance with the terms of this Agreement;
6.1.3. the Company agrees not to disclose confidential information and data provided by the User in connection with the execution of this Agreement;
6.1.4. the Company has the right to use the services of any individuals and legal entities for the purpose of timely and high-quality fulfillment of obligations under this Agreement;
6.1.5. the Company has the right to demand timely and full payment of the cost of services from the User in accordance with the terms of this Agreement;
6.1.6. other rights and obligations defined in this Agreement.

6.2. Rights and obligations of the User:
6.2.1. provide the Company with all the information and data necessary to fulfill its obligations under this Agreement;
6.2.2. Pay the Company for the cost of services rendered in full in the manner, within the time frame and in the amount established by this Agreement.
6.2.3. not to disclose confidential information and other data provided by the Company in connection with the execution of this Agreement;
6.2.4. require the Company to fulfill its obligations under this Agreement on time and with proper quality;
6.2.2. the user has the right to transfer the partially used lesson package to third parties; 6.2.3. other rights and obligations defined in this Agreement.

7. Cost of classes and payment procedure

7.1. The cost of classes and methods of payment are published by the Company on the Website. Each lesson package gives the right to distance learning English lessons according to the limit specified in the description of the lesson package, within 12 (Twelve) months after reception of 100% prepayment for the lesson package.

7.2. The user pays for services on the terms of 100% prepayment. The user is obliged to pay for the lesson before it starts. If the User does not pay for the lesson less than 4 (four) hours before the start of the lesson, the Company has the right to cancel the lesson and reserve the teacher's time for other students.

7.3. Trial lessons are subject to payment. If the User skips or cancels a trial lesson less than 4 (four) hours before the start of the lesson, the Company has the right to refuse to conduct a replacement trial lesson without giving reasons.

7.4. The Company has the right to change the terms of payment and the cost of classes by publishing new conditions on the Site, while the cost of purchased lesson packages does not change. Before making an advance payment for additional classes, the User must familiarize himself with the new pricing structure and, by making an advance payment, accept the new price conditions. If the User does not agree with the changed conditions, the Agreement between the Parties shall terminate immediately after the end of the classes for which an advance payment has already been made.

7.5. The obligation to pay is considered fulfilled from the moment funds are transferred to the bank account of the Company or successfully processed by the Company’s appointed third-party payment system provider.

7.6. The User has the right to demand a refund of the money paid for a lesson package if the User has not used, started or begun lessons within the purchased lesson package (and it is considered new) by sending a request to the email address posted on the Company's website. The Company shall return funds previously paid by the User in an amount equal to the cost of all unused Lesson packages services paid for, but not used by the User. Refunds are made to the User's bank account from which the payment for services was made. Lesson packages which have been started (and are considered not new) are not subject to refund. The User has the right to use the equivalent monetary amount for other services of the Company, transfer the partially used lesson package to third parties or designate a new student to use the remaining lessons in the lesson package.

7.7. Payment to the Contractor is made according to the following details: Everyday English Online LLC"
Legal address: 35729 Farmbrook Ct., Sterling Heights MI, 48312
Incorporated in the State of Delaware under filing number 6654849
The following payment systems can be used for payment: EFT Bank Transfer, ACH Bank Transfer, PayPal inc. and Stripe inc., including all major credit cards.

7.8. In case of problems with payment, the User must:
- check the availability of funds on the card belonging to him or the card with which the payment will be made;
- the following reasons for credit or debit card denial are also possible: The user made a mistake when entering the card number, expiration date, CVV/CVC code; the User's bank has set limits on the amount of payments made during the day; the User's bank has prohibited making payments via the Internet; the User's bank sees two identical debits and considers this operation to be erroneous. There are bank robot settings aimed at detecting fraudulent transactions.
In case of problems in paying by credit or debit card, the User should contact the bank by calling the technical support number (usually round-the-clock) indicated on the back of the card.
If an error occurred while processing the payment the User should try again after a short while.

7.9. For payment (entering your card details), the User will be redirected to the payment gateway of Stripe inc. or upon request, PayPal inc.. The connection with the payment gateway and the transfer of information is carried out in a secure mode using the SSL encryption protocol. If the User's bank supports the technology of secure online payments Verified By Visa, MasterCard SecureCode, a special password may also be required to make a payment.
The confidentiality of personal information entered is provided by the respective payment processing company (Stripe inc., Paypal inc.). The entered information will not be provided to third parties. Payments by bank cards are carried out in strict accordance with the requirements of the payment system providers and debit and credit card providers.

7.10. When paying, the Operator may process the following personal data of the User: Full Name; email address; phone numbers; the site also collects and processes anonymous data about visitors (including cookies) using Internet statistics services (Google Analytics and others).
The above data are united by the general concept of Personal data.
The security of personal data processed by the Operator is ensured through the implementation of legal, organizational and technical measures necessary to fully comply with the requirements of the current legislation in the field of personal data protection. The Operator ensures the safety of personal data and takes all possible measures to exclude access to personal data of unauthorized persons.
The User's personal data will never, under any circumstances, be transferred to third parties, except in cases related to the implementation of applicable law.
In case of detection of inaccuracies in personal data, the User can update them independently by sending a notification to the Operator to the Operator’s e-mail address help@everydayenglish365.com with the headline “Updating personal data”. The term for processing personal data is indefinite. The User may at any time withdraw his consent to the processing of personal data by sending a notification to the Company by email to the Company’s email address help@everydayenglish365.com with the headline "Withdrawal of consent to the processing of personal data".

8. User's personal data and privacy policy

8.1. The Company has the right at any time to require the User to provide documents confirming the assurances about the circumstances specified in clauses 1.4-1.5 of this Agreement, and the User, before the start of the provision of services, is obliged to provide such documents.

8.2. The Company processes the User's data in accordance with the Agreement on the processing of personal data posted on the Site. By agreeing to the conclusion of this Agreement, the User confirms that he has read the Agreement on the processing of personal data and gives the Company consent to the processing of personal data.

8.3. The Company has the right to use email, phone number, Zoom login and other data provided by the User when using the services to send information and promotional materials to the User, including to inform the User about the activities of the Company and the progress of this Agreement.

8.4. The User agrees that the Company has the right to record audio and video during classes in order to control quality and improve the quality of service.

8.5. The Parties agree not to disclose confidential information received from the other Party in the course of the execution of this Agreement (with the exception of publicly available information) to third parties without the prior written consent of the other Party.

8.6. The User hereby agrees to allow the company to use photo and video materials with the participation and representation of the User and/or the person in respect to whom the Agreement has been concluded (a minor child, or child represented by the User, or guardian) for the purpose of posting in official public information sources (Websites) owned or used by the Company in its activities, in case of their participation in relevant events and events captured in photo and video materials, as well as their use in advertising, information and other materials posted on the Company's website in the information and telecommunication network Internet without payment of remuneration.

8.7. The User grants the Company the right to publish photos and videos depicting the User and/or the person in respect of whom the Agreement has been concluded, which were obtained during the conclusion of the Agreement and the provision of services by the Company.

8.8. The User hereby confirms that he will not dispute the copyright and property rights to the posted photos and videos depicting the User and / or the person in respect of whom the Agreement has been concluded.

8.9. The User's consent specified in paragraphs 8.6 and 8.7 of this Agreement is granted from the date of signing this Agreement and is valid indefinitely. Consent may be withdrawn in writing by sending a written notice to the Company.

8.10. The Company guarantees that the materials of photo and video filming with the participation of the User and/or the person in respect of whom the Agreement is concluded cannot be used in ways that discredit the honor, dignity and business reputation of the User.

9. Procedure for amending and terminating the Agreement

9.1. The Company has the right to change the terms of the Agreement by notifying the User by email. The new version of the Agreement enters into force on the seventh calendar day after the notification is sent to the User. If the User does not agree with the new terms, the Agreement between the User and the Company is considered terminated from the date on which the new version of the Agreement would have entered into force if the User had agreed.

9.2. The Company has the right to refuse to provide services if there are reasonable grounds to believe that the User behaved incorrectly during the lesson (for example, he was rude to the teacher or repeatedly refused to complete the tasks of the teacher).

9.3 The User has the right to terminate this Agreement unilaterally by notifying the Company in writing of his intention to terminate the Agreement and the reasons for termination at least 7 (seven) calendar days before the date of termination of the Agreement.

10. Miscellaneous Provisions and Dispute Resolution

10.1. This Agreement is governed by and construed in accordance with the laws of the State of Delaware.

10.2. The liability of the Company for canceled classes for reasons related to the Company is limited to the cost of the canceled classes.

10.3. The Parties shall not be liable for a breach of their obligations under this Agreement if such breach was the result of circumstances or events that the breaching Party could not reasonably have expected (force majeure circumstances), including floods, other natural disasters, hostilities, decisions and actions of public authorities or other events. The Parties undertake to immediately notify each other of the occurrence of such circumstances by sending a written notice by email. In this regard, the Agreement may be suspended, and the services may not be provided until the termination of force majeure circumstances.

10.4. All disputes and disagreements arising from this Agreement or in connection with it shall be resolved through negotiations. To do this, the affected Party shall send a written claim to the other Party by email. If within 15 (fifteen) calendar days the affected Party does not receive a response or the Parties do not reach an agreement, the affected Party has the right to submit the dispute to the appropriate court of law.