ProgKids Inc., a legal entity established and organized under the laws of the USA, located at 541 Jefferson Ave, Ste 100, Redwood City, CA 94063, (hereinafter - 'ProgKids'
) provides its services through the Internet website for remote training named www.progkids.com
(hereinafter — 'Platform'
and a completely legally capable individual (including one who has reached age of legal capacity) who purchases remote training services in his/her own interests (hereinafter — 'User'
) or in the interests of a minor whose legal representative is the User (hereinafter — 'Pupil'
) are the Parties of this Agreement. 1. The Offer
1.1. The use of the service by the User is governed by this legally binding Agreement between the User and ProgKids. The Agreement defines the right of the User to use the Platform and the provision of services to the User for the acquisition of primary programming skills for children from 6 to 16 years. Under this Agreement, ProgKids provides access to the Platform and conducts remote classes for Pupils to acquire programming skills for children aged 6 to 16 years, subject to payment by the User.
1.2. The provisions of this Agreement, as well as other rules, conditions and requirements posted on the Platform, determine the procedure of using the Website and services, as well as determine the rights and obligations of the User and ProgKids. All such terms, conditions and requirements are considered to be incorporated into this Agreement by reference and are an integral part of it.
1.3. When the User pays for the service offered on the Website and /or uses the service or its individual functions, the User is considered to have accepted this Agreement in full, without any reservations and exceptions. If the User does not agree with any of the provisions of this Agreement, the User is not entitled to use the Service.
1.4. This Agreement comes into force from the moment the User expresses consent to its terms in the manner provided for in clause 1.3 of the Agreement. After its entry into force, the Agreement may be amended by ProgKids without any special notice. The new version of the Agreement comes into force from the moment it is posted on the Website, and is valid from the moment of such posting, unless otherwise provided by such a new version of the Agreement. 2. Rights and obligations of the Parties
2.1. ProgKids undertakes:
2.1.1 To provide services to the User properly in accordance with the terms of this Agreement within the time agreed by the Parties.
2.1.2. Not to disclose confidential information and data provided by the User in connection with the performance of this Agreement, not to disclose such facts or such information (other than publicly available information or information provided by the User when registering on the Website) to any third party without the User's prior written consent.
2.2. ProgKids has the right to:
2.2.1. To use the services of any individuals and legal entities for the purpose of timely and high-quality fulfillment of obligations under the Agreement.
2.2.2. Require the User to pay the cost of Services in a timely manner in accordance with the terms of this Agreement.
2.2.3. ProgKids has the right to record audio-video classes in order to control the quality of training.
2.2.4. Use email address, phone number and other data that the User provided when registering on the Website or via messages to send the User informational and promotional materials, including for the purpose of informing the User about the activities of ProgKids and the progress of the Contract. By registering on the Website and/or using the ProgKids services, the User consents to the processing of his/her personal data by ProgKids or third parties mentioned in clause 2.2.1 of this Agreement.
2.3. The User undertakes:
2.3.1. Provide ProgKids with all information and data requested on the Website or directly by ProgKids, necessary for the provision of services.
2.3.2. Not to disclose confidential information and other data provided by ProgKids in connection with the performance of this Agreement, not to disclose or disclose such facts or information (other than publicly available information) to any third party without the prior written consent of ProgKids.
2.4. The User has the right to:
2.4.1. Require ProgKids to fulfill its obligations under this Agreement on time and with proper quality, unless otherwise provided by the terms of this Agreement. The lesson is considered to have been conducted properly if, within 1 (one) hour from the moment of its holding, the User does not inform ProgKids about the existence of a claim regarding the timing and quality of the lesson.
2.4.2. Send a request to replace the teacher with an indication of the reason for such a request. In this case, ProgKids has the right to make a decision to replace the teacher within 48 hours from the date of receipt of the request. 3. Postponement of classes and non-attendance of classes
3.1. The transfer or cancellation of classes by the User can be carried out no later than 8 (eight) hours before the start of the class. Failure to comply with the specified deadline by the User means that the User agrees to the proposed time of the lesson, and in case of missing such a lesson, the payment for the lesson will not be refunded due to the User's failure to attend the lesson. The number of possible postponements or cancellations of classes depends on the intensity of the User's class schedule. The User has the right to:
● postpone or cancel 1 (one) lesson per month with a schedule of 1 (one) lesson per week;
● postpone or cancel 2 (two) classes per month with a schedule of 2 (two) classes per week.
The trial lesson does not subject to payment by the User, however, if it is cancelled by the User, ProgKids has the right to refuse to provide the User with a repeated trial lesson.
3.2. The Teacher has the right to postpone classes (in case of illness and for other valid reasons) by notifying the User at least 24 hours in advance. ProgKids has the right to consider the User's request to change the teacher if, in the User's opinion, the teacher reschedules classes too often.
3.3. If the Pupil is not available for a call of the teacher at the time set for the lesson, the teacher repeats attempts to contact the Pupil at least for 10 minutes. In this case, the start time of the lesson is considered to be the start time of the lesson set in the schedule. If it is not possible to contact the Pupil, the lesson is considered completed and is paid in the amount of 100%.
3.4. If at the set start time of classes (plus 5 (five) minutes) the Pupil does not receive a call from the teacher, he/she is entitled to contact ProgKids immediately in accordance with the procedure provided in clause 5 of this Agreement. Classes that did not take place due to the fault of the teacher are transferred in full to another time convenient for the User.
3.5. ProgKids is not responsible for the impossibility or poor-quality provision of the service due to the User's lack of the necessary software or technical problems with the Internet.
3.5.1. Minimum technical requirements:
● Operating system: Windows 7/8/8.1/10, Mac OS X 10.9, 10.10, 10.11;
● Installed Google Chrome/Opera/Safari Internet browser of the latest stable user version with auto-update enabled;
● CPU: Intel Core i3-3210 3.2 GHz / AMD A8-7600 APU 3.1 GHz or similar/newer;
● RAM: from 2 GB and above, processor: 2 core processor from 1.8 GHz;
● GPU (Integrated): Intel HD Graphics 4000 (Ivy Bridge) or AMD Radeon R5 series (Kaveri line) with OpenGL 4.4 support;
● GPU (Discrete): Nvidia GeForce 400 Series or AMD Radeon HD 7000 series with OpenGL 4.4 support;
● HDD: at least 1GB
● The presence of a microphone;
● Internet connection from 1 Mbit/sec.
3.5.2. Recommended technical requirements
● Operating system: Windows 8/8.1/10, Mac OS X 10.10, 10.11;
● Installed Google Chrome/Opera/Safari Internet browser of the latest stable user version with auto-update enabled;
● CPU: Intel Core i5-4690 3.5GHz / AMD A10-7800 APU 3.5 GHz or similar/newer;
● RAM: from 4 GB and above;
● GPU: GeForce 700 Series or AMD Radeon Rx 200 Series with OpenGL 4.5 support;
● The presence of a microphone and a video camera;
● Internet connection from 35 Mbit/sec.
3.5.3. Workplace setup
- Close all programs that may occupy a large part of the Internet channel (such as file sharing);
- To conduct the lesson, the User must provide access to the microphone and camera on his/her technical device. 4. Suspension of classes. Refusal to continue classes
4.1. The User may suspend the provision of services on following conditions:
4.1.1. the duration of break in classes should be no more than 21 (twenty-one) calendar days;
4.1.2. at least 90 (ninety) calendar days have passed since the end of the previous suspension;
4.1.3. at the beginning of the suspension (the day of the last lesson before the suspension), the User must have paid for at least 2 (two) classes for the future period.
4.1.4. The User undertakes to inform ProgKids about the exact date and time:
● of the last class before suspension;
● of the first lesson after the suspension ends.
4.3. If it is necessary to suspend classes again, but 90 (ninety) calendar days have not passed since the end of the previous suspension of classes, the User may suspend classes by notifying ProgKids 24 hours before the next lesson, while the schedule of classes is not saved for the User. When classes resume, the User and ProgKids redefine the class schedule.
4.4. ProgKids has the right to suspend the provision of services on its own initiative during official holidays operating in the User's country or the location of ProgKids, having previously warned the User about this by sending messages by e-mail or notifying the User by phone.
4.5. ProgKids has the right to replace the teacher if there are valid reasons (temporary disability, vacation, other circumstances). ProgKids informs the User about the replacement of the teacher by e-mail or by phone. If the User refuses to study with another teacher, the User has the right to suspend the provision of classes in accordance with the procedure provided for in this Agreement. 5. Notification procedure
5.1. Methods of notifications about the postponement or cancellation of classes:
5.1.1. sending an e-mail to the teacher or the User, depending on who reschedules or cancels the lesson;
5.1.2. notification of the postponement/cancellation of the lesson of a ProgKids manager via means of communication specified on the Website at https://progkids.com/
5.2. Phone messages about the postponement / cancellation of classes are accepted during only working hours. Messages sent later than stated above are considered to be not accepted.
6.1. ProgKids may issue and the User may buy an electronic gift certificate (hereinafter – 'Certificate'
). The Certificate becomes valid immediately after it is received by the User in accordance with the procedure provided for in this Agreement, and remains valid for the Duration of the Certificates, as defined below.
6.2. The Certificate has its validity period (hereinafter – 'Certificate Validity Period'), it is the period of time during which the User may exchange the Certificate for classes. The Certificate Validity Period is indicated on the Website and (or) on the Certificate itself.
6.3. The User is responsible for the completeness and accuracy of the information provided (e-mail address) when purchasing the Certificate. In case of providing false/incomplete information, ProgKids is not responsible for delivering the Certificate to the User.
6.4. By placing an Order on the Website, the User assumes obligations to pay for Services, and ProgKids, in turn, assumes obligations to provide Services to the User.
6.5. The Certificate is not a security and cannot be replaced with money.
6.6. The User can use the gift Certificate only once.
6.7. The Certificate can be transferred at the discretion of the User. When transferring the Certificate to third parties, the certificate holder is obliged to inform the persons receiving the Certificate about the conditions for receiving services for them. In case of violation of this obligation by the Certificate holders, ProgKids is not responsible for claims related to the absence of the above information.
6.8. The Certificate cannot be restored in case of its loss.
6.10. A refund is only possible to the card or account that was used to pay for the Certificate. 7. Cost of services and payment procedure
7.1. The cost of ProgKids services and certificates and possible payment methods are published by ProgKids on the Website at https://app.progkids.com/i/plan
7.2. The User pays for the services of ProgKids on the terms of 100% prepayment. If the User has one paid lesson left, the User is obliged to pay for subsequent classes until the start of the lesson following the paid lesson. If the User fails to comply with the payment procedure for classes, ProgKids has the right to cancel the User's class schedule by reserving classes on this schedule with other Users.
7.3. ProgKids may unilaterally change the cost of services by posting information on the Website at https://app.progkids.com/i/plan
. At the same time, the cost of classes previously paid by the User is not subject to change.
7.4. The date of payment is the date of receipt of funds to the ProgKids account or the accounts of third parties entitled to collect funds received in favor of ProgKids.
7.5. The User is solely responsible for the correctness of the payments made by him/her and the payment of taxes applicable to him/her.
7.6. The User independently pays for the related services of third parties (including communication services, Internet, etc.) necessary to receive ProgKids services.
7.7. Payment transactions for ProgKids services are serviced by a processing center, operating under the concluded agreement with ProgKids. All rights and obligations arising within the framework of settlements arise directly between the Processing Center and the payer.
7.8. The User is given the opportunity to activate the "Automatic Payment" function by means of a bank card in the account in relation to one bank card in the manner specified on the Website.
7.9. Disabling the "Automatic Payment" function can be performed by the User in the Account settings in the order specified in the Service.
7.10. ProgKids does not process the personal data of payers provided for settlements through the Processing Center. ProgKids does not store payers' bank card data on its resources, including servers, cloud technologies, etc. 8. Liability of the parties
8.1. Liability for non-fulfillment or improper fulfillment of obligations under this Agreement is determined in accordance with the legislation of the country where ProgKids is located. ProgKids' liability for the cancellation of a class is limited to the refund of funds previously paid by the User for the canceled class, or the postponement of the canceled class to another time.
8.2. ProgKids is not responsible for the loss of Certificates by the User, unauthorized copying or theft of Certificates received by the User.
8.3. If the User is provided with additional classes as a bonus or encouragement to the User, the User does not have the right to demand monetary compensation for such classes if they are not held for any reason or if the User refuses to receive such additional classes.
8.4. The User has the right to terminate this Agreement by refusing to receive classes. In this case, ProgKids is obliged to consider the issue of returning the User the funds previously paid by the User in an amount equal to the amount of obligations not fulfilled by ProgKids, with deduction of bank transfer costs.
8.5. The deadline for the refund of funds to the User in connection with the termination of this Agreement by agreement of the parties, or the initiative of one of the parties, is 30 calendar days.
8.6. In order to refund funds, the User provides ProgKids with current bank details.
8.7. If, after the termination of this Agreement, the User decides to resume classes, the cost of classes will be determined according to the tariffs in force on the date of renewal. ProgKids has the right to consider the issue of maintaining tariffs for the User that are valid until the date of resumption of classes, provided that the balance of the User's funds for the lesson that was not held due to the termination of the Contract is listed on the ProgKids account. 9. Other conditions
9.1. All classes are held on a specially developed ProgKids software Platform. ProgKids does not guarantee that the Pupil will master the appropriate level of programming skills perfectly, due to the fact that mastering the following skills directly depends on the time spent by the Pupil on learning, the Pupil's abilities and the efforts made by the Pupil in acquiring primary programming skills.
9.2. The Parties are not liable for their complete or partial non-fulfillment of their obligations under this Agreement, if such non-fulfillment was the result of force majeure circumstances (force majeure), namely: floods, other natural disasters, military actions, resolutions and decisions of state authorities or other events. The proper confirmation of the presence of force majeure circumstances and their duration for the Parties is a certificate issued by the authorized bodies.
9.3. All disputes or disagreements arising between the Parties under this Agreement or in connection with it are resolved through negotiations between them. The Party whose right has been violated sends a written claim (demand) to the other Party via electronic communication. If within 15 (fifteen) calendar days the Party who sent the claim has not received a response to it, and also if within 15 (fifteen) calendar days from the date of receipt of the first response to the claim the Parties have not come to any agreements, then the Party whose right has been violated has the right to apply to the court to protect its right.
9.4. The court's recognition of any provision of this Agreement as invalid or not enforceable does not entail the invalidity or unenforceability of other provisions of the Agreement.
9.5. ProgKids has the right to assign rights and obligations under this Agreement to third parties, and the User hereby gives his/her consent to such assignment of rights and obligations. ProgKids also has the right to entrust third parties with the full or partial provision of services to the User.