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TERMS OF COOPERATION FOR A TUTOR
1. Administrator is the company UpSkills OU with registered office at Tuukri tn 19 Tallinn Harjumaa Tallinn, 10152 Estonia, tax number EE102223332, which is the owner of the Website.
2. Website - Internet platform located on the Internet at the address https://bukischool.com.ua https://bukischool.com.ua рtogether with all the subpages that make up its parts, provided by the Administrator so that the Tutor can provide Educational Services to the Student.
3. Personal data - any information relating to the Tutor as a natural person who is identified or can be identified.
4. Business day - any day of the week, except Sunday, Saturday and days recognized by law as non-working days.
5. Messenger - ZOOM messenger provided by an external provider, integrated with the Website for conducting Lessons or a messenger provided by the Administrator, which is an integral part of the Website and is intended for constant text communication, as well as organizing Lessons.
6. Tutor - a user of the Website who created a Tutor Account on the Website, accepted these Rules for the Tutor and provides Educational Services to Students.
7. Lesson - is a calculation unit in which an Educational service is measured, with a duration of 30, 60, 90 minutes.
8. Package of lessons - a fixed number of Lessons, which are paid for by the Student by prepayment. The current types of lesson packages and their prices are available on the Website.
9. Introductory lesson - a trial and organizational meeting with the Tutor, which is not subject to payment by the Student, preceding the Student's purchase of a paid Educational service from this Tutor through the Website, during which, among other things, the teaching method is agreed upon, the needs of the Student are determined in order to adapt the subject of classes and teaching methods.
10. Marketing lesson - a lesson conducted by the Tutor in accordance with loyalty programs, promotional offers, or referral programs, etc., available to Students on the Website, which is not subject to payment by the Student.
11. Marketing services - services provided by the Tutor to the Administrator by conducting Marketing lessons in accordance with loyalty programs, promotional offers, referral programs, etc., available to Students on the Website, as well as the category of Introductory lessons defined by the Administrator.
12. Student - a natural person who accepted the terms of the Student Rules and created a Student Account on the Website.
13. Consumer - a user of the Website who is a natural person who performs legal actions not directly related to his economic or professional activities.
14. Consumer entrepreneur is an individual entrepreneur who uses the Website, if the use of the Website is not of a professional nature for such a person.
15. Account is a personal account in the infrastructure of the Website, protected by the Tutor's password, in which the totality of the Tutor's data is stored.
17. Rules - this document "Terms of Cooperation for the Tutor", which defines the rules for the Tutor's use of the Website, the scope and conditions of the Tutor's provision of Educational services through the Website through the Administrator.
18. Rules for the Student - the "Offer for the Student" document, which defines the rules for the Student's use of the Website, as well as the scope and conditions of obtaining Educational Services by the Student using the functionality of the Website.
19. Complaint regarding the educational service - the Student's appeal to the Tutor, submitted to the Tutor through the Website, containing a claim regarding the provision of the Educational Service.
20. Agency agreement - an agreement concluded between the Tutor and the Administrator, under the terms of these Rules, according to which the Administrator independently undertakes on a permanent basis to mediate for the Tutor and in his interests in the conclusion of Contracts for the provision of educational services (conclude them on behalf and at the expense of the Tutor ). In the sense of the applicable law, Tutor services are electronic services provided by the Administrator as part of the Website in electronic form.
21. Agency fee – the fee that the Administrator collects from the Tutor for each Lesson conducted for the provision of intermediary services to the Tutor regarding the conclusion and maintenance of Contracts for the provision of educational services.
22. Educational Services – services provided by the Tutor to the Student in the chosen subject, available on the Website, in accordance with the Agreement on the provision of educational services.
23. Agreement on the provision of educational services is an agreement concluded through the Website between by the Tutor and the Student for the provision of Educational services in the subject chosen by the Student among the available subjects on the Website, on the conditions through the Student's acceptance of the Tutor's offer through the functionality of the Website.
24. Balance of charges for Educational Services - information on the number of Lessons conducted by the Tutor and the amount of funds due to be paid to the Tutor for the Lessons conducted are available for review by the Tutor in the Account.
25. Balance of charges for Marketing Services - information on the number of Marketing lessons and the categories of Introductory lessons specified by the Administrator, conducted by the Tutor, and the amount of funds due to be paid to the Tutor for such lessons, available to the Tutor in the Account.
1. Rules determine the conditions of use of the Website, in particular regulate the Tutor's rights and obligations when visiting the Website and using the functions and services offered on it. With the help of the Website, Tutor can offer Educational Services to Students after creating an Account.
2. Administrator provides the Tutor only with intermediary (agency) services specified in these Rules. Administrator is not a party to the Agreements on the provision of educational services concluded between the Tutor and the Student, and does not participate in the provision of Educational Services to the Student.
3. These Rules, as a standard contract in electronic form, are available for perusal by the Tutor on the Website. Acceptance of Rules by the Tutor is carried out during his registration on the Website. After registering on the Website and accepting the terms of these Rules, they become legally binding for the Tutor.
4. Administrator constantly takes measures to improve the quality of the Website's functioning, but warns that errors and technical problems may occur when using it. In the event of such a situation, Tutor must notify the Administrator at the email address: [email protected] .
5. The content and appearance of the Website are the intellectual property of the Administrator or its licensors, are protected by law and may not be copied.
7. All correspondence should be sent to the Administrator by regular mail to the following address: Tuukri tn 19 Tallinn Harjumaa Tallinn, 10152 Estonia, or electronically to the following email address: [email protected] .
1. The Tutor is obliged to use the Website in accordance with the Rules, current legislation and good practices adopted for using the Internet and carrying out actions through it.
2. The Tutor undertakes not to take any actions that may affect the proper functioning of the Website. In particular, any interference with the content posted on the Website pages is prohibited, and the Administrator may deprive the Tutor of the right to use the Website (deactivate the Account), as well as limit his access to part or all of the Website resources, effective immediately in case of:
a) use of the Website by the Tutor in a manner that does not comply with the Rules or ethical principles of social coexistence;
b) provision of false or outdated data by the Tutor, especially if it is the data of another person;
c) violation of the personal rights of third parties with the help of the Website, in particular the personal rights of other Tutors;
d) in case of placing illegal records on the Website in the form of:
3. Any illegal entries will be removed from the Website, and the Administrator reserves the right to take specific factual and legal measures against the Tutor who posts the illegal content mentioned above, including blocking the Account, as well as filing claims for damages, in particular, in case of violation of copyrights of third parties.
4. Persons over the age of 18 can register on the Website as a Tutor and provide Educational Services.
IV. TUTOR'S ACCOUNT
1. Administrator provides Tutors with the opportunity to register an Account so that they can provide Educational Services in the manner and under the conditions specified by the Rules. To do this, the Tutor must fill out the electronic form provided by the Administrator within the Website and must specify the name, surname, and e-mail address. The Tutor is also required to submit a statement to the Administrator on whether he will provide Educational Services as an entrepreneur or as an individual who is not an entrepreneur. If the Tutor provides Educational Services as an entrepreneur, he is obliged to indicate the full name of his FOP, address of FOP registration and taxpayer identification number or other information required by law.
3. After the Tutor's form is successfully submitted and accepted by the Administrator, the Account is automatically created on the Website.
4. Access to the Account is provided by an individual login (that is, the email address provided during registration) and an access password chosen by the Tutor.
5. Each time you log into the Account, you must enter the individual login and valid access password selected during registration on the Website or during the password change procedure.
6. The functioning of the Account is carried out under the conditions set out in the Rules, from the moment of its registration until the moment of grounds for its closure.
7. One Tutor can have one Account on the Website and in the https://buki.com.ua/ service. The Administrator reserves the right to check and/or delete the Account, as well as each subsequent Account in case of violation of the prohibition to have more than one Account. If the Tutor has an account on the service https://buki.com.ua/ at the time of registration of the Account on the service https://bukischool.com.ua/, then such an account on the service https://buki.com.ua/ is transferred in administration to the Administrator.
8. During Registration, the Tutor is obliged to provide only his real data. By providing the data, the Tutor declares that the data is true. If the Tutor provides false or incorrect data, the Administrator reserves the right to recommend changing the data and provide further instructions. If the Tutor refuses to comply with the recommendations, the Administrator has the right to refuse Registration or if it is established that the data does not correspond to reality after Registration - the right to block the Account. The Tutor will be informed by the Administrator by e-mail to the e-mail address specified during registration about the fact and the reasons for refusal of Registration or blocking of the Account.
9. The Tutor is also obliged to post a photo in his Account, this is a mandatory condition for using the Account.
10. The Tutor is obliged to update his personal data (in particular, e-mail address) and to inform the Administrator about the loss or acquisition of the status of an entrepreneur, if they have changed after registration. Data changes are reported by editing data after logging in to the Account.
11. The Tutor is obliged to fill in the "payment information" section of the Personal Account with the data that will be used by the Administrator to transfer to the Tutor fees from Students for the provision of Educational services. The Tutor is not allowed to provide Educational services without filling in his own payment details in the "payment information" section of the Personal Account.
12. After Registration, the Tutor has the opportunity to edit his Account by specifying subject and Educational levels, education, diplomas, place of classes, brief information about yourself, additional information (for example, age), TIN (tax number). During Registration, the Tutor also provides the data for calculation and the bank account number to which the Website transfers the amounts due for the provision of Educational Services.
13. Account maintenance is free. Having an Account does not oblige the Tutor to make any payments for the opportunity to use the Website to post information and receive applications from Students.
14. The Administrator takes measures to prevent access to the Account by unauthorized persons (except the Tutor). However, these actions may not be enough if the Tutor himself does not follow the appropriate safety rules. The Tutor must keep his access password for entering the Website confidential and not disclose it to third parties. The Administrator informs that he does not require the Tutor to enter an access password, except for the situation when logging into the Account within the Website. In addition, in order to prevent the use of the Account on the Website by unauthorized persons, the Tutor is obliged to log out of the Account immediately after using the Website. In particular, the Tutor should be especially careful when using the functionality of automatic saving of logins and passwords available in some computer programs, in particular, if the Website is used using different devices or under different IP numbers.
15. A Tutor with an active Account on the Website can change the access password at any time, as well as restore a lost or forgotten access password for entering the Account. To do this, the Tutor needs to go to the subpage of the Website, which contains a window for entering the Account, and click on the "Change password" icon. The new access password will be active automatically, immediately after it is set by the Tutor.
16. The Tutor undertakes to immediately notify the Administrator in case of suspicion of unauthorized use of his Account. In case of suspicion of unauthorized use of the Tutor's Account, the Website will block the Account. In order to unlock the Account, the Tutor must contact the Administrator at the e-mail address [email protected] .
17. The Tutor does not have the right to delete or deactivate his Account during the term of the contract for the provision of Educational Services concluded with the Student.
V. AGENCY SERVICES OF THE ADMINISTRATOR
1. The Tutor instructs the Administrator to present on the Website the Educational Services he offers to Students.
2. The Administrator mediates when concluding Contracts for the provision of educational services on behalf of Tutors with Students on the basis of the Agency Contract, the terms of which are set forth in these Rules.
3. The Administrator cannot guarantee that the Tutor will receive Students or that any number of Contracts for the provision of educational services will be concluded.
4. The Tutor authorizes the Administrator to accept payment from Students for the Educational Services provided by the Tutor. The administrator transfers the payment for the lessons to the Tutor after the lessons are completed twice a month, less the Agency's fee.
5. Reporting periods are the period from the 1st to the 15th of the calendar month and the period from the 16th to the last day of the calendar month. The transfer of payment for the lessons to the Tutor is carried out by the Administrator within 5 working days from the end of the reporting period.
6. The cost of the Educational services provided by the Tutor through the Website, less the Agency Fee, is displayed in the Tutor's Account at the address https://bukischool.com.ua/rates-for-students/.
7. Fees for Educational Services provided by the Tutor shall be converted by the Administrator into Euros or other local currency as agreed between the Administrator and the Tutor at the conversion rate applicable to transfers made through the Wise / Payoneer website on the day of the transfer.
8. The minimum amount of money transfer to the Tutor is EUR 50 or the equivalent in the agreed local currency. If the Tutor decides to close their Account, the remaining amount will be paid to the Tutor's bank account without applying a minimum threshold of 50 euros (or the equivalent in another agreed currency).
9. The Tutor pays the Administrator an Agency Fee for each Lesson conducted through the Administrator. The agency fee will be withheld by the Administrator at the time of remittance of payment for the Educational Services provided, to which the Tutor agrees.
10. The Agency fee is determined in the amount that constitutes the difference between the cost of the Educational Services paid by the Student and the fee for the Lessons, which is to be transferred to the Tutor in accordance with these Rules. The Agency fee is dynamic depending on the conditions of the Student's purchase of the Package of lessons available to him on the Website at the time of purchase, in particular, in connection with the Student's participation in loyalty programs, the Student's receipt of promotional offers, etc., as well as depending on the number of sessions conducted by the Tutor Lessons, both on the Website as a whole and for an individual Student.
11. The amount of the fee for the Educational services provided by the Tutor and the amount of the Agency fee to be withheld by the Administrator for each reporting period will be published in the Tutor's Account in the Report (invoice) for the reporting period in the "Payment Information" section at https: https://bukischool.com.ua/tutor_billing/
12. Depending on the national legislation governing the legal relationship between the Tutor and the Administrator, the Agent Fee may include value added tax (VAT). In this case, the amount of accrued VAT shall be reflected in the Report (invoice) for the reporting period.
13. In case of disagreement with the amount of payment for the Educational services provided by the Tutor and/or the amount of the Agency fee specified in the Report (invoice) for the reporting period, the Tutor is obliged to notify the Administrator at the address: [email protected] within 5 ( five ) working days from the date of publication of the Report (invoice) in the Personal Account. If no objections to the Report (invoice) are received from the Tutor within the specified period, he is considered an agreed Tutor.
14. There is no employment relationship or any other contract between the Tutor and the Administrator, including a contract for the provision of services, except for the Agency contract. The Tutor does not work under supervision, as well as at the place and time determined by the Administrator. The administrator can make recommendations regarding the Tutor's provision of Educational services. The Tutor is not authorized to represent the Administrator in legal relations with third parties.
15. At the Administrator's request, the Tutor will provide the Administrator with Marketing Services aimed at popularizing the service presented on the Website among Students.
16. The cost of Marketing services is determined according to the Report (invoice) for the reporting period, and is paid by the Administrator in a similar manner and within the terms provided for the transfer of fees for the provision of Educational services.
VI. PROVISION OF EDUCATIONAL SERVICES
1. The provision of educational services to the Student by the Tutor is carried out in accordance with the Agreement on the provision of educational services concluded by the Student's acceptance of the Tutor's offer.
2. The Tutor receives a message from the Administrator that he can be appointed as a Tutor for the Student based on the application submitted by the Student. If the Tutor confirms interest in providing Educational services, the Student receives information about the Tutor's offer. In turn, the Student can accept the Tutor's offer or consider the offers of other Tutors in order of priority.
3. The contract for the provision of educational services between the Tutor and the Student is concluded from the moment the Student accepts the Tutor's offer by registering the Student for the first Lesson through the functionality of the Website available to him. The administrator is not a party to the Agreement on the provision of educational services concluded by the Tutor with the Students.
4. Given the potential number of Tutor slots available for Students on the Website, the Administrator recommends that the Tutor be available for at least 12 hours per week to provide Educational Services.
5. Using the Website, the Tutor cannot simultaneously present his training offer on the Website https://buki.com.ua.
6. The Administrator cannot guarantee that the Tutor will receive Students or that any number of Contracts for the provision of educational services will be concluded.
7. The Tutor can conduct Lessons only through the Website using the tools available there and the integrated ZOOM Messenger. Only in case of technical problems, it is possible to use another audio-visual tool to conduct the Lesson, having previously notified the Administrator. If the Tutor has the status of an entrepreneur, he is obliged to fulfill the obligations to the Student provided by the legislation on the protection of consumer rights.
8. The Tutor declares that he is aware of the fact that the Student has the right to refuse to continue receiving Educational Services, which implies the obligation of the Administrator to return the fee for unused Lessons to the Student, to which the Tutor agrees.
9. If the Administrator revokes the Student's right to use the Website in case of violation of the Rules for the Student, the fee for the unused part of the Lesson Package will be returned by the Administrator to the Student, to which the Tutor agrees.
10. Payment for Lessons is made by Students using the package system. Each package of Lessons purchased by the Student is personal and distributed to one person.
11. The current cost of Lesson Packages is published on the Website. The administrator reserves the right to change the price of Lesson Packages and Agency Fee at any time. Such changes will only apply to the Lesson Packages that become available after such change and the Agency Fee payable to the Administrator after the change. If the Tutor does not agree with the new prices for the Lesson Packages or the Agency Fee to the Administrator, he has the right to refuse to provide Educational Services in accordance with the changed prices and to stop using the Website.
12. If the Tutor has entered into an Agreement for the provision of educational services with the Student, he is obliged to fulfill it properly, paying special attention to the timely delivery of Lessons. Termination of the Agreement on the provision of educational services by the Tutor is possible only with the consent of the Student. In such a case, the Administrator will return to the Student the unused part of the fee for the Lesson Package, which the Tutor agrees to.
13. The Tutor is obliged to notify the Administrator at the e-mail address: [email protected] or an authorized person of the Administrator about the Student's refusal of Educational services.
14. After the conclusion of the Agreement on the provision of educational services, the Student and the Tutor agree on the further schedule of Lessons, the first Lesson must take place no later than the twentieth day after the conclusion of the Agreement on the provision of educational services. The Student may cancel or reschedule the Lesson to a date other than that specified in the lesson schedule, provided that the Student has notified the Tutor of the cancellation or rescheduling of the lesson at least 4 hours before the scheduled Lesson, to which the Tutor agrees.
15. The Tutor is obliged to inform the Administrator and the Student about his planned absence a week in advance.
16. The Tutor has the right to cancel the Lesson at least 8 hours before it starts.
17. The Tutor undertakes in each specific case to comply with the legislation applicable to the performance of the Agreement on the provision of educational services, and in particular to ensure that when posting content on the Website, he has the appropriate rights of use, and that the provision of content does not violate the law, moral standards and/or rights of third parties (such as copyright, moral rights and trademark rights).
18. Tutor expressly acknowledges and agrees that any form of use of educational content, materials of other teachers is prohibited, etc., unless such materials are available under copyright (eg use of licensed copies of textbooks).
19. The Tutor's Account will display information about the balance of payment for successfully completed Lessons with Students and information about the Administrator's Agency fee for the intermediary services provided.
20. The Tutor is independently responsible for creating organizational and legal conditions that allow the Tutor to provide Educational Services in accordance with the requirements of applicable legislation (registration as a private entrepreneur, filing tax returns, etc.).
21. By providing Educational Services, the Tutor undertakes to comply with the requirements of the legislation in force in his region, including tax legislation . The Tutor independently pays all public legal and tax obligations in connection with the provision of Educational services and fulfills other obligations arising from generally accepted laws, including tax legislation (payment of taxes and fees to the budget, implementation of social deductions, etc.).
22. In order to comply with applicable legislation, the Administrator may be required to submit to the state authorities at the Administrator's place of registration information related to the provision of Educational services through the Website.
23. The Tutor authorizes the Administrator to accept Complaints from Students regarding Educational Services and to transfer them to the Tutor for resolution under the conditions set forth in Section VII of the Rules.
24. The Tutor is obliged to consider complaints in a timely manner. The deadline for the Tutor's response to a complaint is 3 calendar days. In the absence of a response to the Complaints within the above-mentioned period, it is considered that the Tutor recognized the complaint as well-founded.
25. The Tutor authorizes the Administrator to act as a mediator in the event of a possible dispute between the Student and the Tutor and agrees that it is the Administrator who makes the final decision regarding the complaint submitted by the Student, in particular regarding the legitimacy of the claim for a refund for the Lesson Package.
26. In case of serious violations by the Tutor of the Rules or in case of non-fulfillment of the Agreement on the provision of educational services, at the request of the Student, the Administrator will try to find a replacement Tutor. If a replacement Tutor is found, the Student's current contract with the Tutor can be transferred to another Tutor. The Tutor agrees to such transfer of rights and obligations under the Agreement on provision of educational services to the Tutor who replaces him. The new Tutor is entitled to receive payment for completed Lessons from the amount paid by the Student for the Lesson Package, after the Lesson has been delivered in accordance with the terms agreed with the original Tutor. If a replacement Tutor cannot be found or if the Student does not wish to replace the Tutor, the Student has the right to terminate the Educational Services Agreement without notice, to which the Tutor agrees.
27. The Administrator is not responsible for any damages incurred by the Tutor in connection with the performance of the Agreement on the provision of educational services. The Tutor may not conduct Lessons with Students off the Website and accept payments from them off the Website. If the Administrator becomes aware that the Tutor is conducting monetary settlements with the Student outside the Website, the Administrator may send a warning to the Tutor by e-mail to the e-mail address specified in the Account. A reminder to the Tutor may lead to the temporary suspension of the Account until the situation is clarified, and in case of further violation and making monetary payments outside the Website, the Administrator may block or delete the Account on the Website and at https://buki.com .ua/ Regardless of the above-mentioned rights, the Administrator has the right to demand from the Tutor the lost Reward, which the Administrator would have received if the Tutor had entered into an agreement on the provision of educational services and provided Educational Services to the Student on the Website.
28. The Tutor is obliged to faithfully cooperate with the Administrator by answering requests, providing relevant information, etc. within 1 working day.
29. If the Tutor has no active Students or Lessons with active Students are coming to an end, then the Tutor has the right to delete his Account (opt out of this Public Agreement) at any time in advance (not less than 14 business days) by notifying the Administrator by sending an email letter to [email protected] with a request to delete the Account.
30. If the Tutor wishes to unilaterally terminate the Agency Agreement, the Tutor must notify the Administrator by sending an e-mail to [email protected] with a request to delete the Account at least 14 working days before the desired date of termination of the Agreement. In such a case, all funds for lessons will be paid to the Tutor within the terms stipulated in these Rules, and any active Students will be redistributed to other Tutors.
1. The Administrator's duty is to provide the Tutor with mediation services in accordance with the Agency Agreement (the provisions of these Rules). The Administrator is responsible to the Tutor for the proper provision of intermediary services in accordance with these Rules. If the Tutor discovers that the intermediary services provided by the Administrator are incorrect, for example, there are violations related to the operation of the Website, settlements with the Tutor, he has the right to file a complaint or by mail to the address: Tuukri tn 19 Tallinn Harjumaa Tallinn, 10152, Estonia or by e-mail to the following e-mail address: [email protected] .
2. The complaint must contain information about the natural person submitting the complaint ( name and surname or full name (the name under which the Tutor appears on the Website), contact details), an indication of a reservation, for example, a service, to which the complaint relates, the reason for the complaint.
3. If the data or information provided in the complaint does not allow the complaint to be recognized, the Administrator will ask the Tutor to clarify any doubts or to provide additional information, if necessary for the complaint to be recognized, specifying such doubts or the necessary information.
4. The Administrator is obliged to respond to the complaint submitted by the Tutor within 14 (fourteen) days from the moment the Administrator receives it, or get more information.
5. The Administrator provides a response to the complaint in electronic form to the email address from which the Tutor sent the complaint to the Administrator or to another email address specified above by the person in the complaint or sends it by regular mail to the address indicated by the Tutor, if the persons specified in the content of the complaint request to send reply by mail to the mailing address specified in the content of the complaint.
VIII. INTELLECTUAL PROPERTY RIGHTS IN THE WEBSITE AND THE CONTENT AND MARKS CONTAINED ON THE WEBSITE
1. The administrator or its licensors are the owners of all intellectual property rights, including moral or property copyrights, rights arising from trademark registration, and other intellectual property rights (" Intellectual Property Rights ") regarding the Website as a whole, as well as its individual elements. Content, texts, concepts, photographs, graphics, logos and trademarks, sounds, animations and videos contained on the Website and their placement on the Website and on the Website itself as a whole, Educational Materials, posted on the Website, newsletter messages are protected by copyright and other intellectual property laws (" Content ").
2. The use of the Website (including its content) by any person or entity does not imply the acquisition of any rights to intangible assets, including, but not limited to, economic copyrights or other intellectual property rights in the content. Tutor may read and use this content only within the scope of permitted personal use as defined by the provisions of copyright and related rights laws.
3. Unless otherwise expressly provided in the provisions of the Rules or in the information contained on the Website, all trademarks, trademarks, logos and other marks posted on the Website (" Marks ") are protected by law . Consent to use the Website by the Tutor does not equate to permission to use the Marks posted on the Website. Any use of the Marks or similar marks or names is prohibited, unless the Administrator agrees to such use in writing to avoid their invalidity.
4. Except to the extent permitted by the permission granted in accordance with the Rules, the Tutor is not allowed to copy, download, distribute, publish, modify or use the Content or parts thereof, as well as all Intellectual Property Rights on any Website or computer network ( in particular using any means of electronic distribution) or using the Content in any other way without obtaining the prior written consent of the Administrator.
5. The administrator declares that in the event of any violation of the intellectual property rights of the Content or Marks, or of the Website as a whole or its individual parts, it will strictly enforce the intellectual property rights of itself or its licensors related to the Website in full.
6. With respect to any information, photographs or materials that a Tutor provides to the Administrator through the Website, including, for example, their own photo used in their profile, at the time such information, photographs or materials are provided, such Tutor grants to the Administrator a free, non-exclusive license for the use of this content (in whole and in any part) on the territory of Ukraine and throughout the world for the purpose of posting, displaying, storing on the website, as well as anywhere via the Internet, including search engines and social network sites, in marketing activities related to the Website by placing a link to the photo on the Internet - also through external websites and social networks, during the initial period of 5 (five) years, however, after 5 (five) years the Contract becomes for the contract concluded for an indefinite period, and the Tutor will be granted the right to familiarize himself with the license granted for an indefinite period with a 2-year (two-year) notice period, with the right to grant a sublicense to the Administrator in all currently known areas of use, in particular:
a) recording, reproduction, input into computer memory and publication of content in such a way that anyone can access it at a place and during a time of their choice (including the Internet, mobile networks and other electronic communication networks, regardless of the number of broadcasts, requests and copies produced);
b) multiplication by any printing technique.
7. The Tutor agrees to change the content and use by the Administrator of derivative copyrights on the works and authorizes the Administrator to grant consent to third parties to exercise derivative copyrights on the modified works. The administrator may use the provided content at his discretion, including with or without attribution.
1. The Tutor declares that during the period of provision of Educational services through the Website and within 12 months after their completion, he will not directly or indirectly provide identical or similar educational services outside the Website for the benefit of Students who became known to the Tutor on the Websites. The Tutor will not provide educational services to Students personally, as well as in the course of business activities, or as a member of companies, as well as through legal entities in which he performs the functions of a shareholder, member of the management body, as well as through individuals or legal entities related to the Tutor .
2. In case of doubts about the possibility of providing educational services, without violating the provisions on refraining from competition, the Tutor is obliged to obtain the prior written consent of the Administrator.
3. The Tutor also undertakes, during the period of provision of Educational services through the Website and within 12 months after their completion, to refrain from negotiations with Students, who became known to the Tutor on the Website, regarding the provision of educational services outside the Website, and also not will recommend to Students educational services not presented on the Website, without the consent of the Administrator.
4. The Tutor declares that he will not disclose personal data of Students to third parties.
5. If the Tutor violates the obligations specified in this Section, the Administrator may require the Tutor to pay a contractual penalty in the amount equivalent to EUR 2,500.00 (two thousand five hundred euros) for each violation.
X. PERSONAL DATA PROCESSED BY THE ADMINISTRATOR
1. The Administrator is the controller (within the meaning of Article 4, Clause 7 of Regulation 2016/679) of Personal Data provided to the Communication Tutor from the use of the Website.
2. The Administrator attaches great importance to the protection of the Tutors' privacy and the confidentiality of Personal Data, and also declares that it takes appropriate organizational and technical measures to ensure the processing of Personal Data in accordance with the current legislation on the protection of personal data, including the provisions of Regulation 2016/679.
XI. FINAL PROVISIONS
1. Any comments or questions regarding the functioning of the Website should be sent by e-mail to the following e-mail address: [email protected]. The Administrator reserves the right not to answer the selected questions, in particular, in the situation where the Administrator has previously provided clarification on a similar or similar problem and placed them in the "FAQ" or a similar tab on the Website / other documents containing recommendations.
2. The Administrator has the right to make changes to the Rules unilaterally on grounds independently determined by the Administrator. Application of the new version of the Rules is possible after informing the Tutor about the changes and providing him with the amended Rules, in particular by publishing them on the Website and/or sending them to the e-mail address assigned to the Tutor's Account. In such a situation, the Tutor has the right to terminate the Agency Agreement with the Administrator from the moment of entry into force of the new version of the Rules. Until the date of termination of the Agency Agreement with the Administrator, the Rules are valid until the Tutor's notification shall apply.
3. The Tutor has the right to use extrajudicial means of considering claims and satisfying claims.
4. According to EU Regulation № 524/2013 we inform, that The Tutor has the option to use an out-of-court method of resolving consumer disputes in accordance with the procedure for the resolution of disputes on the Internet developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN.
5. In the absence of amicable settlement of any disputes between the Tutor and the Administrator, they may be referred to the general court.
6. Unless otherwise provided by mandatory provisions of the law, the applicable law is the law of the Republic of Estonia. The choice of the law of the Republic of Estonia does not deprive the Tutor of the protection granted to him on the basis of the provisions that cannot be excluded by these Rules, according to the law that would have been applied in the absence of the choice of law.
7. The current version of these Rules is available on the website https://bukischool.com.ua/