Terms & Conditions

The document, the provisions of which are set forth below, constitutes a public offer and a public agreement. In accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are identical for all Customers, and the unconditional acceptance of such terms is considered the acceptance of this offer by the Customer. In accordance with Part 2 of Article 642 of the Civil Code of Ukraine, authorization on the website via the link: esllaboratory.com, is considered acceptance of this offer, equivalent to the conclusion of a public contract for the provision of informational and paid educational services (hereinafter referred to as the "Agreement") on the terms set forth below.

This public agreement is addressed to all individuals and legal entities who wish to use the services of the Performer and have the technical capability to receive such services. Please carefully read the text of this Offer, and if you do not agree with any of its provisions, the Performer suggests that you refrain from using the Services. Instead, you can familiarize yourself with the content of this website free of charge.

The individual entrepreneur Kyrylenko Mykhailo Ivanovych, acting on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Formations (registration number: 2001490000000012058, registration date: 10.10.2023), taxpayer identification number: 2331809496 (hereinafter referred to as the "Performer"), on one side, offers individuals or legal entities, on behalf of which an authorized representative acts (hereinafter referred to as the "Customer"), to receive services specified in this Agreement.

DEFINITION OF KEY TERMS

Subscription Renewal - a service for the automatic renewal of a subscription through the chosen payment system.

Acceptance - the Customer's provision of full, unconditional, and unequivocal consent to conclude this Agreement in its entirety without signing a written copy of the Agreement by the Parties.

Website - a site located on the Internet at esllaboratory.com, including all its web pages.

Customer - any individual or legal entity wishing to use the services of the Performer and having the technical capability to receive such services.

Materials - lesson plans for English language teachers designed for teenagers and adults with English language proficiency levels A1, B1, B2, C1, and additional materials, including but not limited to educational photo, audio, and video materials, as well as links to programs and applications such as Quizlet, Jamboard, Miro, Genially Student, the content of which is informational and/or educational, and information about which the Customer can find on the Website.

Personal Account - a section of the Website that the Customer, who is authorized using personal access credentials to the personal account (login and password), has access to and where informational and educational materials are placed.

Offer - the Performer's proposal posted on the Website, addressed to an unlimited number of individuals or legal entities, to join the Public Agreement on the provision of informational and paid educational services.

Personal Data - information or a set of information about an identified or identifiable individual.

Subscription - access to materials posted on the Website provided to the Customer for a certain fee and for a certain period in accordance with the terms of the selected Customer pricing option.

Services - the use of an educational online platform located on the Internet at esllaboratory.com for obtaining informational and educational materials, the information about which is posted on the Website.

Public Agreement - an agreement in which one party, an entrepreneur, undertakes to sell goods, perform work, or provide services to anyone who applies to it.

Pricing option (service prices) - payment, the amount of which is determined by the Performer for providing a certain volume of services to the Customer with access to informational and educational materials.

GENERAL PROVISIONS

2.1 Based on and subject to the terms of this Agreement, the Performer provides the Customer with access to informational and educational materials posted on the Website, and the Customer accepts the Services after making payment to the Performer's current account and authorization on the Website.

2.2 Services are provided on a paid basis by the Customer subscribing. The scope of Materials included in the Subscription depends on the Tariff chosen and paid by the Customer.

2.3 The term of this Agreement is unlimited. Either Party may terminate it in accordance with the terms of this Agreement.

2.4 All changes and additions to this Agreement are published on the Performer's Website.

2.5 All conditions of this Agreement are binding on both the Customer and the Performer. Before using the Services, the Customer must familiarize themselves with the terms of this Agreement. If the Customer disagrees with the terms of the Agreement, they have no right to use the Performer's Services.

2.6 Access to Materials under this Agreement is provided on the conditions specified on the Performer's Website.

2.7 In case of the Customer's disagreement with the changes made by the Performer to this Agreement or with new Tariffs for the Services, the Customer undertakes to cease using the Services.

2.8. Any of the following actions shall be deemed acceptance of this Agreement:

the Customer's authorization on the Website and/or ordering of Services on the Website;
payment for the Performer's Services under the terms and procedures specified in this Agreement on the respective pages of the Website;
written (including in electronic form via email) notification from the Customer of acceptance of the terms of this Agreement to the email address. The provisions of this subparagraph are considered valid only in case of technical malfunctions on the Website and the impossibility of making payment and/or ordering the Performer's Services.

2.9. The Performer does not provide services to citizens of the Russian Federation and the Republic of Belarus. In case of receiving payment for services from citizens of the Russian Federation and the Republic of Belarus to the Performer's current bank account, such funds are not subject to refund, cannot be the basis for providing services, and will be used by the Performer as charitable donations to support the Armed Forces of Ukraine.

SUBJECT OF THE AGREEMENT

3.1. In accordance with the terms of this Agreement, the Performer undertakes, during its term, to provide informational and educational services aimed at the Customer acquiring additional (new) knowledge, skills, and abilities in a specific field, by providing access to the Materials, the information about which is posted on the Website. The Customer accepts these Services and pays for them according to the terms of this Agreement.

3.2. The list of Services provided by the Performer, as well as other necessary information, is specified on the Performer's Website.

3.3. The Agreement and any appendices to it are official documents published on the Website.

CONTRACT CONCLUSION PROCEDURE

4.1. The Agreement is considered concluded without its subsequent signing from the moment of making the payment to the current account of the Performer, which indicates the consent to adhere to the terms of the Agreement, without signing a written copy by the Parties.

4.2. Actions specified in clause 4.1 of the Agreement and taken by the Customer confirm their full and unconditional acceptance of the public offer and this Agreement.

4.3. The Agreement concluded by the Customer through the acceptance of the public offer has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equated to a written agreement.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Performer undertakes to:

5.1.1. Timely, in full, and at a high level, provide the Customer with quality Services defined by this Agreement.

5.1.2. In case of inability to fulfill its obligations under the terms of this Agreement, promptly notify the Customer and take appropriate actions to eliminate obstacles to the performance of obligations under this Agreement.

5.1.3. Publish on the Website information about changes in the location, time, duration, structure of the Services, and other conditions of their provision, including changes in banking details.

5.1.4. Provide the Customer with access to Materials in accordance with the paid pricing option.

5.1.5. Provide the Customer with methodological and other informational materials when such materials are provided and are an integral part of the Services.

5.1.6. Make efforts to present original, informative, and unique materials.

5.2. The Performer has the right to:

5.2.1. To provide the Services independently and/or with the involvement of third parties, to enter into contracts with third parties for the proper performance of the conditions of this Agreement, while remaining responsible to the Customer for the results of the activities of such persons as for their own, and to receive payment for the Services in accordance with the terms of the Agreement.

5.2.2. Not to provide the Services or terminate their provision to the Customer without refunding the subscription fee, in case of the Customer's violation of the requirements stipulated by this Agreement, as well as in other cases provided by the legislation of Ukraine.

5.2.3. Unilaterally make changes to this Agreement, including the current Tariffs for Services, with prior publication of such changes on the Website.

5.2.4. Exercise other rights in accordance with the current legislation of Ukraine and the terms of this Agreement.

5.3. The Customer is obliged to:

5.3.1. Timely and in full settle payments with the Performer for the Services in accordance with the terms of the Agreement.

5.3.2. Use the Services in accordance with the rules of the Performer and the terms of this Agreement.

5.3.3. Monitor changes and/or updates to the information displayed on the Performer's Website.

5.3.4. Provide all necessary information for the Performer to fulfill its obligations under the Agreement, including access to Personal Data necessary for creating the Personal Account.

5.3.5. Provide the necessary details (phone number, email address) when paying for the Services, for further communication between the Performer and the Customer.

5.3.6. Not disclose to third parties (anyone other than Customer's students) any confidential information obtained during the provision of the Services, information about the methods of teaching the Materials by the Performer, as well as information that provides access to the Personal Account.

5.4. The Customer has the right to:

5.4.1. Demand from the Performer the provision of high-quality Services in a timely manner and in accordance with the terms of this Agreement.

5.4.2. Familiarize themselves with the procedure and conditions of the provision of Services by the Performer.

5.4.3. Place an order for Services by paying for them through the payment system.

5.4.4. In case of disagreement with the terms of this Offer, refuse to receive the Services.

5.4.5. Exercise other rights in accordance with the current legislation of Ukraine and the terms of this Agreement.

6. PERFORMER'S GUARANTEES

6.1. The Performer guarantees that it:

is not a tax resident of either the Russian Federation or the Republic of Belarus - States that carry out armed aggression against Ukraine (hereinafter referred to as "Aggressor States");
is not a citizen of Aggressor States;
does not reside within the territory of Aggressor States;
does not have business relations with legal entities or individuals without creating the status of a legal entity, which are established and registered in accordance with the laws of Aggressor States;
is not a founder, participant, ultimate beneficial owner of legal entities and/or individuals without creating the status of a legal entity, which are established and registered in accordance with the laws of Aggressor States;
is not part of the management structure and/or does not hold executive positions in legal entities, which are established and registered in accordance with the laws of Aggressor States;
does not own securities of legal entities established and registered in accordance with the laws of Aggressor States, and/or of Aggressor States themselves.

7. COST OF SERVICES, PAYMENT PROCEDURE, AND TERMS

7.1. The Customer makes payment for the Services based on the Tariffs set by the Performer and posted in the corresponding payment section on the website. The Performer reserves the right to change the established tariffs in case of changes in market conditions or other significant circumstances. The Customer chooses a Tariff at their discretion from the available options, according to which they will make payment for the Services.

7.2. Payment for the Services is made by the Customer through a 100% (one hundred percent) advance payment to the Performer's current account in a manner chosen by the Performer at their discretion.

The Customer pays for the Performer's Services in any currency. The payment of the total cost of the Performer's services under the Agreement is made by non-cash transfer of funds to the Performer's current account using the Way for Pay payment system or any other system chosen by the Performer at their discretion.

7.3. In case the Customer fails to make the payment, the Performer ceases to provide the Services or does not provide them at all, resulting in the invalidation of this Agreement.

7.4. The date of the proper performance by the Customer of obligations regarding the payment of Services (payment date) is considered the date of crediting funds to the Performer's current account.

7.5. The Performer's Services can be purchased by buying a monthly or annual subscription.

7.6. A Customer who has subscribed understands and agrees to automatic regular renewal of such Subscription for a new term (Subscription auto-renewal). After subscribing, payment for a new term of the Subscription is made through the automatic non-acceptance withdrawal of funds from the Customer's account. The Subscription Auto-Renewal service is provided until the Customer cancels it in the Personal Account on the website.

7.7.1. The Subscription is considered canceled from the next paid period, provided the Customer notifies about the cancellation in the Personal Account on the website no later than 1 (one) calendar day before the end of the paid Subscription term.

7.7.2. The Subscription is activated upon the first or subsequent payment of the Subscription, which means the Customer's consent that after the expiration of the paid Subscription period, the Offer is automatically extended on the same terms and for the same term with the automatic deduction of the Subscription cost from the Customer's account.

7.7.3. If there are insufficient funds in the Customer's account, or automatic withdrawal of the Subscription fee is not possible due to technical reasons, the Subscription for a new term is not provided, and the Subscription Auto-Renewal is disabled until the Customer's account has sufficient funds, and/or the Customer changes the account in the Personal Account, and/or technical issues are resolved.

7.8. In case of non-use (or inability to use) the Services paid by the Customer to the Performer, such Services are not provided again, not refunded in monetary terms, and not resold to third parties.

8. PROCEDURE AND TERMS OF SERVICE PROVISION

8.1. The provision of services begins upon the Customer's payment for the Performer's services by accepting the terms of this Agreement without its written signing by the Parties. This Agreement is legally binding in accordance with Article 633 of the Civil Code of Ukraine and is equivalent to an Agreement signed by the Parties. Accordingly, the Customer who has paid for the services is considered familiar with this Agreement and agrees to all its terms.

8.2. The commencement of the Performer's service provision is marked by granting (sending) the Customer access to the Materials in the Personal Account on the website, according to the chosen Customer pricing option.

8.3. In case the Customer purchases the Performer's services in the form of individual Materials without subscribing, the Performer sends the respective Materials to the Customer's email specified during the order placement after the Customer makes the payment in the manner stipulated in clause 7.7 of the Agreement.

8.4. For Customers who have used the Performer's services before the publication of this Agreement, the confirmation of full and unconditional acceptance of the terms of this Agreement is the continued use of the Performer's services. If the Customer has previously used paid services of the Performer, making a payment for the next service period confirms acceptance of the terms of this Agreement.

8.5. To receive the service, the Customer independently ensures compliance with the necessary technical conditions for a personal computer or another mobile device.

8.6. If there is an inability to provide the service, the Performer is obliged to notify the Customer promptly.

8.7. Upon the written request of the Customer, the Performer is obliged to send the Customer a signed Act in two copies (an electronic copy of the Act is allowed, which can be sent by email). In this case, the Customer is obliged to sign the Act within 3 (three) working days from the date of receiving the Act and send the second copy of the Act to the Performer by mail. In case of disagreement with the Act signing, the Customer must provide written objections.

8.8. If within 1 (one) month from the moment of sending the Act to the Customer, the signed second copy of the Act or written objections against signing the Act are not received at the Performer's postal address, the Performer signs the Act of acceptance and transfer of the provided services unilaterally.

8.9. Any questions arising during the payment and receipt of services can be clarified by the Customer from the Performer using the contact details specified in Section 13 of this Agreement.

9. TERM OF EFFECT, PROCEDURE FOR MAKING CHANGES AND ADDITIONS TO THE AGREEMENT

9.1. This Agreement takes effect from the moment the Customer sends a request for the provision of Materials, information about which is posted on the website, and/or provides the Customer with access to such Materials, and/or the Customer's payment for the services of the Performer. It is considered concluded for an indefinite period and remains in effect until terminated by the Performer and/or until the Parties fully perform their obligations under this Agreement.

9.2. The Performer reserves the right to make changes to the terms of the Agreement and/or withdraw it at any time at its discretion. In case the Performer makes changes to the Agreement, such changes come into force from the moment of publishing the new version of the Agreement on the Performer's website, unless another period for the changes to take effect is additionally specified upon their publication. The Agreement is considered withdrawn from the moment its publication is removed from the Performer's website.

9.3. From the moment the Agreement takes effect with the introduced changes and additions, the Agreement becomes effective for the Parties in the new edition.

9.4. The Performer has the right to unilaterally refuse to execute this Agreement, notifying the Customer in writing no less than 1 (one) day before the anticipated date of refusal to execute the Agreement.

9.5. The termination of this Agreement does not exempt the Parties from liability for violations of the terms of this Agreement that occurred during its term.

9.6. To refuse to receive services, it is sufficient for the Customer not to make payment for such services.

9.7. If the Customer wishes to fully refuse the Performer's services, the Customer needs to send a corresponding request to the email address esl.laboratory9@gmail.com, after which all data and information about the Customer are deleted by the Performer.

9.7.1. After providing access to the Materials, information about which is posted on the website, the funds for the services credited to the current account of the Performer are not refundable and not compensated to the Customer.

9.8. The Agreement is considered automatically terminated (terminated) in cases when:

The Customer has fully used the Performer's services for which payment has been made;
The Customer has not used the Performer's services on their own initiative.

10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. For non-performance or improper performance of the terms of this Agreement, the Parties shall be liable as provided by this Agreement and the current legislation of Ukraine.

10.2. If non-performance or improper performance of the terms of this Agreement by one of its Parties has led to damages to the other Party, the guilty Party is obliged to compensate such damages in full.

10.3. Compensation for damages incurred does not release the guilty Party from the obligation to properly perform the terms of this Agreement.

10.4. In case of disputes, the Customer may send complaints, claims, and/or demands to the official email of the Performer at esl.laboratory9@gmail.com.

10.5. The Performer responds to complaints, claims, and/or demands sent to the official email specified in clause 9.4 of this Agreement within a period of 10 (ten) business days.

10.6. If it is impossible to reach a consensus within 30 (thirty) calendar days, the Customer has the right to file a complaint with any state authority competent to consider such complaints.

10.7. In case of inability to resolve the dispute according to clauses 8.4 - 8.6 of this Agreement, the Customer has the right to apply to the court at the location of the Performer.

10.8. The Customer is responsible, in accordance with the current legislation of Ukraine, for copying Materials provided by the Performer and/or their unauthorized use and distribution.

10.9. The Performer is not responsible for the non-provision or improper provision of services to the Customer in the event of any circumstances that arose not due to the fault of the Performer, namely, circumstances arising due to the fault or negligence of the Customer and/or circumstances arising due to the fault or negligence of any third party (any third parties) on the part of the Customer, and/or force majeure circumstances.

10.10. Considering the specificity of the services provided under this Agreement, the Performer does not guarantee specific results after the provision of services and is not responsible for the results of the Customer after the provision of services specified in this Agreement.

10.11. The Performer is not responsible for the actions of banks, electronic payment systems that provide payment and refund of funds under this Agreement.

10.12. The Performer is in no way affiliated with such programs and applications as Quizlet, Jamboard, Miro, Genially Student, has no control over them, and is not responsible for the operation of such programs and applications.

11. FORCE MAJEURE CIRCUMSTANCES

11. 1. The Parties are released from liability for non-performance or improper performance of their obligations in the event that such non-performance or improper performance is caused by force majeure circumstances. Force majeure circumstances are understood to be those that arise beyond the will or against the will or desire of the Parties and cannot be foreseen or avoided, including: military actions, civil unrest, epidemics, blockades, fires, earthquakes, other natural phenomena, disasters, failures in power supply and in the operation of communications used to provide services, the adoption of acts by state authorities, and other circumstances independent of the Parties that prevent timely, complete, and proper performance of obligations by the Party under this Agreement.

11.2. In case of the occurrence of force majeure circumstances, the Party affected by them informs the other Party within 5 (five) days from the moment of the occurrence of such circumstances or from the moment when the affected Party has the opportunity to notify the other Party of the occurrence of such circumstances. After the cessation of the force majeure circumstances, the Party that was affected by them informs the other Party about such cessation within 5 (five) days from the moment of the termination of the force majeure circumstances or from the moment when the affected Party has the opportunity to notify the other Party of the cessation of the force majeure circumstances.

11.3. If force majeure circumstances persist for more than 3 (three) consecutive months, then each of the Parties has the right to refuse further performance of obligations under this Agreement, and in this case, neither of the Parties shall have the right to claim compensation for possible damages from the other Party.

12. OTHER TERMS OF THE AGREEMENT

12.1. The Parties confirm that this Agreement is concluded with a full understanding of its terms and terminology used therein, corresponding to the true intentions of the Parties regarding the legal obligations imposed on them.

12.2. The Agreement and the rules for obtaining services by the Customer, posted on the Executor's website, constitute a single agreement between the Executor and the Customer.

12.3. Each Party guarantees to the other that it possesses the necessary legal capacity, meaning all the powers necessary and sufficient for the conclusion and performance of this Agreement.

12.4. The Executor is not responsible for the content and accuracy of the information provided by the Customer when placing an order for services. The Customer is exclusively responsible for the accuracy of the information provided when placing such an order.

12.5. All information related to the performance of this Agreement is confidential.

12.6. The Customer is granted the right to use the services of the Executor under this Agreement exclusively for its internal activities without the right to alienate or transfer them in any way to third parties.

12.7. The Parties undertake to keep confidential information obtained as a result of the performance of this Agreement, except in cases where it is expressly sanctioned in writing by the other Party or required by state authorities in accordance with applicable law. The Party responsible for the disclosure of confidential information shall be liable in accordance with the current legislation of Ukraine.

12.8. The Executor has the right to independently change and/or supplement the terms of this public Agreement and its appendices, including the rules for providing and receiving services under this Agreement. In doing so, the Executor guarantees and confirms that the current version of the text of this Agreement and its appendices, including the rules for providing and receiving services under this Agreement, posted on the Executor's website, is valid.

12.9. For matters not covered by the terms of this Agreement, the Parties shall be guided by the provisions of the current legislation of Ukraine.

13. PERSONAL DATA AND THEIR PROCESSING PROCEDURE

13.1. By accepting the Agreement, the Customer voluntarily consents to the collection and processing of their personal data, i.e., the following actions regarding the Customer's personal data: collection, systematization, entry into the databases of the Executor, including electronic databases, accumulation, storage, clarification, as well as further use and dissemination of the Customer's personal data by the Executor in accordance with the provisions of the Law of Ukraine "On Personal Data Protection."

13.2. The collection of personal data is an integral part of the data processing process, which involves actions related to the selection, organization of information about the Customer, and entering it into the personal data database.

13.3. The dissemination of personal data involves actions related to the transfer of information about the Executor from personal data databases with the consent of the data subject.

13.4. The dissemination of personal data without the consent of the data subject (the Customer) or their authorized representative is allowed in cases provided by law and only in the interests of national security, economic well-being, and human rights.

13.5. Personal data in personal data databases are destroyed in the manner prescribed in accordance with the requirements of the Law of Ukraine "On Personal Data Protection."

13.6 By accepting these Terms and Conditions, the Customer consents to receive emails from the Executor, including updates, promotions, and our newsletter. The Customer can unsubscribe from these communications at any time through the unsubscribe link provided in each email.

14. EXECUTOR'S DETAILS

EXECUTOR:

Individual Entrepreneur Kyrylenko Mykhailo Ivanovych22600, Vinnytska oblast, Vinnytskyi district, smt. Orativ, Heroiv Maidanu Street, building 73

EDRPOU (Unified State Register of Enterprises and Organizations of Ukraine): 2331809496

Account: 5408 8100 4079 2987

Bank: monobank

e-mail: esl.laboratory9@gmail.com