TERMS OF SERVICE
(Become the teacher of Abakus – Mental Arithmetic program)
Limited Liability Company " Akademia IECC Sp. zo.o " (NIP: 5252674812), hereinafter referred to as "Abakus Europe", on the one hand, and candidate to become a teacher of Mental Arithmetic (detailed in online application form) hereinafter referred to as "Contractor" together referred to as the "Parties", individually a "Party", have concluded the present Agreement (hereinafter - the "Agreement") as follows:
1. SUBJECT OF THE CONTRACT
1.1. Under the Agreement the Abakus Europe provides the online seminar and teacher-training program «E-seminar» for the Contractor and engages the Contractor to provide educational services "Services", and the Contractor shall provide the Services following the terms of the Agreement and deliver the results to the Abakus Europe.
The "Services" in the Agreement mean conducting by the Contractor group classes with clients or individual clients (hereinafter - the "Participants") as per the program "Mental Arithmetic" developed by the Abakus Europe.
1.2. E-Seminar includes all necessary training for the Contractor to become a certified teacher of Abakus – Mental Arithmetic program including topics: Introduction to Mental Arithmetic, Preparatory level of Mental Arithmetic, Level 1 addition and subtraction, Level 2 addition and subtraction.
2. THE RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Contractor obligated:
2.1.1. Attend the online E-seminar on the method and program of “Mental Arithmetic”, developed and organized by the Abakus Europe in approved time and duration needed to become the teacher of the Mental Arithmetic program. Fully learn the Mental Arithmetic program.
2.1.2. Fully fulfill all the tasks and workshops according to the E-seminar.
2.1.3. To pass all exams needed to become the certified teacher of the Mental Arithmetic program. All necessary exams included in a final price written in 2.1.12.
2.1.4. Provide quality Services following the terms of the Agreement, in the amount and manner prescribed by the undertaken Tasks;
2.1.5. Provide Services according to the level that Contractor-teacher has in the certificate.
2.1.6. Providing the Services by using only official educational materials of the Abakus brand, which were purchased from Abakus Europe according to the official price list. All additional materials must be approved by Abakus Europe.
2.1.7. Refrain – in the course of the provision of services under the Agreement - from offending the person, the human dignity of participants, from all forms of physical and mental violence against them, from causing harm to life, health and property of the participants;
2.1.8. To register each group and each Participant in the Abakus Online platform and keep a register of attendance and achievement for each group and each Participant;
2.1.9. To use the Abakus online platform for teachers to provide all types of Services – in groups or individually, including online Services. The contractor-teacher subscription for a month is 20 Euro (Twenty Euro) per each month prepaid for the month to be used for providing all Services for each group and Participant.
2.1.10 To involve each Participant (from Level 1) to use an online platform for students. The subscription for each student is 6 EURO (Six Euro) for a month postpaid till the 5th of the next month.
2.1.11 Provide the Abakus Europe with the possibility to check the progress and quality of the Services;
2.1.12 To pay the full payments for the Seminar: amount 349 EURO = (Three hundred forty-nine EURO) before the start of the E-Seminar. Once a client has begun the course, all payments made for it are non-refundable.
2.2. The Contractor shall have the right to:
2.2.1. To get all necessary educational online material to provide quality Services. All online materials to be sent by Abakus Europe in 3 (three) days after the Contractor passes the exam (clause 2.1.3).
2.2.1. Remove the Participants from classes they violate discipline and disrupt classes. The fact of performing such actions shall be recorded by the Contractor in the register of attendance and student performance;
2.2.2. Not proceed with the provision of the Services or suspend their provision until the Participants fulfill the relevant obligations or in the case of improper fulfillment of obligations by the Participants to pay for the Services.
2.2.3. Upgrade to any preferred partnership or franchise package of Abakus Europe with payment the difference between agreed package minus the amount paid in clause 2.1.12.
2.3. Abakus Europe has the right to:
2.3.1. Monitor the fulfillment by the Contractor of its obligations under the Agreement, without interfering with the activities of the Contractor at that.
To exercise control, the Abakus Europe shall have the right to get acquainted with the Participant attendance and achievement register, as well as to observe the Contractor’s classes not more than 2 (two) times within the duration of the same Task.
3. VALIDITY PERIOD OF THE AGREEMENT
3.1. The Agreement shall enter into force upon its signing and is valid for 3 (Three) years.
3.2. Expiration of the Agreement validity period specified under subsection 3.1 of the Agreement does not relieve the Parties from liability for breach of its obligations under the Agreement.
3.3. The Agreement may be modified or terminated early by mutual agreement of the Parties, as well as in the cases stipulated in the Agreement.
3.4. Abakus Europe may terminate the Agreement with the Contractor unilaterally:
3.4.1. in the case of theft or deliberate wrongdoing on the part of the Contractor for the property of the Abakus Europe, as well as to the property, life, and health of the Abakus Europe’ employees and other persons engaged by it;
3.4.2. in the event of a breach by the Contractor of confidentiality conditions established in section 5 of the Agreement;
3.4.3. if one of the clauses in paragraph 2.1 of the Agreement is violated by the Contractor of its obligations under the Agreement during the term of the Agreement and also demand compensation for this violation.
4. LIABILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
4.1. For non-performance or improper performance of its obligations under this Agreement, the Parties shall be liable following the Agreement and applicable legislation.
4.2. In the event of a breach by the Contractor of confidentiality conditions established in 2.1 of the Agreement or section 5 of the Agreement, the Contractor shall pay the Abakus Europe a penalty in the amount of 2,000 (Two thousand) EURO for each revealed violation.
4.3. The Contractor shall not be liable to the Abakus Europe for any damage of any kind, as well as for the other negative effects caused by the fault of the Abakus Europe itself, its employees or participants.
4.4. The Contractor shall be responsible for the damage and losses caused through its fault to the Abakus Europe, its employees or other persons engaged.
4.5. The Parties shall be relieved from liability for failure or improper performance of its obligations hereunder if such failure or improper fulfillment was a result of force majeure arising after the conclusion of the Agreement due to extraordinary events, including natural disasters, epidemics, fires, floods, explosions, acts of war and acts of state authorities or local governments.
4.6. The Parties to the Agreement recognize that all disputes and differences arising from the Agreement or related to it, require that we comply with the pre-trial or claim procedure for their settlement.
Complaints shall be sent by the Parties in writing and any of the ways specified in clause 6.1 of the Agreement.
In case of failure of pre-trial settlement of disputes, i.e. the refusal to satisfy the claim or failure to receive a written response on it within ten days, the Party submitting a claim, shall be entitled to submit the dispute to the Court following the applicable legislation of Poland.
5. CONFIDENTIALITY
5.1. Terms of the Agreement, as well as any information, documentation and other materials, including information about methods of providing the Services, which may be obtained or become known to the Contractor in the course of execution of the Agreement, with the exception of the information published in the media at the time of its receipt and the information which is not commercial secret in accordance with the current legislation, shall be recognized as confidential.
5.2. The Contractor shall not transfer and nor disclose otherwise information that is confidential following clause 5.1 of the Agreement to the third parties without the consent of the Customer nor use it except for execution of the Agreement, except for the cases stipulated by the current legislation of Poland.
5.3. The techniques used by the Contractor in providing the Services are trade secrets (know-how) of Abakus Europe. The Contractor shall refrain from any action aimed at the misappropriation of information constituting trade secrets of the Abakus Europe, as well as from challenging or violation of the rights of the Abakus Europe in respect of them.
5.4. The contractor may not take photos, audio, and video of the Abakus classes, or in any way use and disseminate the materials without the prior consent of the Abakus Europe.
6. FINAL PROVISIONS.
6.1. All notices, notifications, demands and other exchanges relating to the Agreement shall be deemed adequate if they are sent to the destination Party indicated in section 7 of the Agreement by registered mail or handed against signature to the person authorized by this Party to receive correspondence.
The Parties shall recognize the validity of the texts of notices, notifications, demands, and messages sent by them to each other via e-mail. Such notices, notifications, demands, and messages shall be regarded as equivalent to the notices, notifications, demands, and messages in writing sent in a manner specified in par. 1 of this item.
6.3. The Parties recognize that any notices, notifications, demands and other exchanges relating to the Agreement from the person responsible for the interaction with the other Party within the framework of the Agreement, as well as those sent by the other party to the address of such person shall be considered as originating from the Party by which such person was appointed and sent to the address of that Party, respectively.
6.4. The Parties shall immediately notify each other of any changes to their details (name, location, postal addresses, phone numbers, email addresses, and bank details), as well as of the relevant details of the persons responsible for the interaction between the Parties. The Party failing to notify of such changes shall bear the risk of consequences caused; in particular, complying by the Parties with their obligations using the previous details before the notice of their changes shall be considered due and proper.
6.5. Any changes in or additions to the Agreement shall be valid provided that they are made in writing and signed by the Parties.
6.6. In all cases not provided for by the Agreement, the Parties shall be governed by applicable legislation of Poland.
6.7. The Agreement is executed in 2 (two) copies of equal legal force, one for each party.
7. ADDRESSES, DETAILS, AND SIGNATURES OF THE PARTIES
ABAKUS EUROPE
AKADEMIA IECC Sp. z o.o.
Wiertnicza 118, 02-952 Warszawa
NIP: 5252674812
REGON:365340279
Phone: +48 574 068 750
E-mail: [email protected]
CONTRACTOR
As in the online application form.