TERMS AND CONDITIONS
thewhiteapple.com is a white label platform that allows English as a Second Language ESL providers to offer live online English language courses to their learners. The ESL provider hereinafter referred to as the Company, will be engaged in Contract to conduct online English classes to their individual and corporate clients (hereinafter – the Customer) as described on providername.thewhiteapple.com
TERMS AND DEFINITIONS
Definitions are treated according to their nature and content of this Contract. Below is a list of these definitions:
1.1. Services – Online language lessons via Virtual Classroom platform
1.2. Lessons – Duration of a typical single lesson is 25 minutes, a double lesson is 50 minutes, a triple lesson is 75 minutes. Duration of the lessons in the Virtual Classroom is subject to the Customer’s requirements.
ACCEPTANCE OF CONTRACT
2.1. The text of the Contract is an open public offer
2.2. Acceptance by the Customer of this Contract means that they fully agreed with all the terms of this Contract
3.1. The Contract does not necessarily require a signature and stamp of the Parties while maintaining full force and effect
4.1. In accordance with the terms of this Contract, the Company agrees to provide services to the Customer in the form of online language lessons with the Customer through the Internet and using various Virtual Classroom platforms
4.2. Methodology and format of the online lessons are determined by the Company, taking into account information provided by the Customer before the payment is made and also during the course of lessons
RIGHTS AND OBLIGATIONS OF THE PARTIES
The Company is obliged:
5.1. In terms agreed by the Parties to provide services specified in paragraph 4.1. of this contract, to the Customer properly, in accordance with the terms of this Contract
5.2. Not to disclose confidential information and data provided by the Customer in connection with the execution of this Contract.
The Company has the right to:
5.3. Bring, for the execution of this Contract, fully qualified professionals in the areas of knowledge required for the successful implementation of the services
5.4. Require a full pre-payment from the Customer for the Services in accordance with the terms of this Contract
5.4.1. Company reserves the right to monitor and video/audio record the lessons for training and marketing purposes. If Customers don’t wish for such recording to take place, they should inform The Company immediately by emailing to firstname.lastname@example.org
The Customer is obliged:
5.5. To pay the Company the cost of Services in the manner and within the time limits set by terms and Conditions of this Contract
5.6. To provide the Company with all the information and data necessary to carry out its obligations under this Contract
5.7. Not to disclose confidential information and other data provided by the Company in connection with the execution of this Contract
The Customer has the right to:
5.8. Require the Company to meet its obligations under this Contract in time and with the right quality
5.9. Refuse to comply with the terms of this Contract in the event that the Company has not commenced the performance of obligations under this Contract
SERVICE TERMS AND POSTPONEMENT OF LESSONS
6.1. The Company conducts online lessons in accordance with a timetable that is pre-arranged with the Customer
6.2. The Customer has the right to postpone their lesson for another time but is required to notify the Company by email a minimum of two working days before the planned lesson. In this case, the lesson is considered postponed and is moved to different time
6.3. If the Customer is not signing in to their scheduled lesson as per their timetable, the teacher will remain online and for the following 10 minutes attempt to contact the Customer again. If the Customer misses the call or is unavailable the lesson is then considered missed at the Customer’s expense. If the Customer fails to provide the Company with one working day notice, the Lesson is considered as missed at the Customer’s expense.
6.4. If at the time of the lesson and up to 10 minutes later the Customer does not receive a call from their teacher, they must immediately contact the Company e-mailing to email@example.com
7.1. HTML5 Virtual English Classroom is powered by WebRTC technology required for audio and video conferencing. WebRTC is a standard for transmitting audio and video between browsers in real time.
7.2. Virtual English Classroom is supported by the following browsers: Web (Windows, Mac, Linux) – Chrome, Firefox and Safari 11; Android – Opera and Chrome; iOS (iPhone/iPad) – Safari 11
COSTS AND PAYMENTS
8.1. The cost of services and methods of payment are published online at www.providername.thewhiteapple.com
8.2. Payment Services under this Contract shall be made on the basis of a full pre-payment and in accordance with this Contract, at least 2 working days before a scheduled lesson
8.3. Lesson fees may vary depending on the market situation and are published on the Company’s website. The company cannot change the cost of purchased Services for a particular Customer if they have already accepted the terms of this Contract and have made a payment instruction in accordance with this Contract
8.4. The moment of payment is when funds are received by the Company
8.5. The Customer is solely responsible for the accuracy of payments made
8.6. Bank charges for the transfer of funds are met by the Customer
8.7. Fees for lessons already taken by the Customer, according to the lesson log on the Virtual Classroom platform, will not be reimbursed. The Customer has the right to stop the course at any point and request the remaining pre-payment to be refunded or raise any issues they may have, with the Company’s Customer Service (see p 9.1.)
CANCELLATIONS AND REFUNDS
9.1. The Customer can cancel their course at any time. Money for any unused lessons in the course may be returned upon written request of the Customer, made by emailing firstname.lastname@example.org within one month from the time of their last lesson taken, less an administration fee GBP 20.00 if less than 20 single lessons left, and GBP 80.00 for 20 and more.
10.1. In the event of force majeure (in the interpretation adopted by the Court of Arbitration practice of the Chamber of Commerce) excluding or hindering the implementation of this objective of the Treaty, the Parties shall have no mutual claims, and each Party assumes its own risk and the consequences of these circumstances
CUSTOMER SERVICE AND COMPLAINTS PROCEDURE
11.1. Disputes and disagreements that may arise in connection with this Contract shall be settled by negotiations between the Parties to this Contract. The Company aims to provide an efficient service to all Customers and partners in the UK and overseas. If you are unhappy about the standard of service that you have received from us, we would like to hear about it so that we can improve our service in the future.
11.2. How to make a complaint: if it’s connected with your lessons/progress in the course: first, speak to your teacher, explain your concerns and discuss possible solutions. If you’re not happy with the resolution or if your complaint is related to payments/any other issues then please contact email@example.com. All complaints will receive a reply within 3 working days or less.
12.1. Once a Customer has identified the nature of his/her disability, the Company has the responsibility to provide them with reasonable accommodations, to enable them to successfully access their course of choice.
Following an initial consultation with the Company’s Manager, in which the Customer has the opportunity to discuss their specific needs and requirements, a personalised learning plan is created to include any adjustments necessary to allow the Customer to feel supported and confident in accessing the Company’s services and completing their online language course.
Special provisions for Customers with learning disabilities can include extending deadlines, working with the Customer to support them in having access to assistive software and/or matching the Customer with a teacher that has the required knowledge and awareness of that particularly learning difficulty, as well as of the resources available to facilitate the Customer’s progress and development in the course. Course materials may also be designed to accommodate Customers with learning disabilities, e.g software products that read text aloud, for Customers with visual impairments, changes in the graphics and design of the materials to suit the needs of dyslexic students, etc
All efforts will be made and all resources will be exhausted by the Company in order to ensure that all Customers have fair and equal opportunities of access to the Company’s Services, a clear understanding of the terms and conditions and are treated in a non-discriminatory manner.
TERM OF THE CONTRACT
13.1. This Treaty – an offer becomes effective upon acceptance by the Customer and shall continue until the Parties fulfil their obligations. The date of acceptance is the date of payment by the Customer for the Company’s Services
13.2. This Contract shall remain in force in case of change of details of the Parties, changes in their constituent documents, including but not limited to a change of the owner.