INTERNATIONAL BUSINESS ACADEMY СONSORTIUM

EDUCATIONAL SERVICE AGREEMENT

TERMS AND CONDITIONS

(Public offer)

United Kingdom 

The INTERNATIONAL BUSINESS Academy CONSORTIUM LTD (United Kingdom) (Company number SC682720), represented by its authorised representative acting on the basis of the Charter and in accordance with the legislation of the United Kingdom (hereinafter referred to as ‘the Academy’), on the one hand, and, on the other hand, an individual undergoing training (hereinafter referred to as ‘the Student’), acting independently on their own behalf, if of legal age, or through their official representative/relative/guardian (hereinafter referred to as ‘the Client’), who has acceded to this Agreement (hereinafter referred to as ‘the Agreement’) by submitting an application in any form (paper or electronic) to study in the Educational Programme (hereinafter referred to as ‘the Programme’).

This Agreement sets out the terms and conditions of the Academy (as defined below), which, together with the terms contained in the Application for Accession, the annex Appendix Academic Programme & Tuition Fees, and the Conditional Offer Letter, the information on the website, and any documents or policies referred to in these Terms and Conditions (as defined below), will form a contractual relationship between the Academy and the Client, under which the Academy agrees to enroll the Client in one of its programmes.

The Academy and the Client (hereinafter collectively referred to as 'the Parties') enter into this Agreement in the form of a public offer. The Client signs the Agreement by completing and signing the Application for Accession (hereinafter referred to as the ‘Application for Accession’), which is accepted by the Academy or the Education Service Provider by completing and signing the Acceptance Form (hereinafter referred to as the ‘Acceptance Form’).

The Parties, having reviewed and understood the terms and requirements of the Agreement, acting voluntarily with full awareness of the significance of their actions, their legal rights and obligations, as well as the value of the contract's subject matter, and confirming the absence of any pressure or deception, hereby conclude this Agreement and agree to be bound by its terms and annexes as outlined below.

1. DEFINITIONS AND INTERPRETATION

1.1. The definitions set out below apply in these Terms and Conditions:

Agreement means the Terms and Conditions, the Application for Accession, the annex Appendix Academic Programme & Tuition Fees, and the Conditional Offer Letter.

Application for Accession (Application): the formal request made by a Client, on the Application Form, to study on one of the programmes offered by the Academy, containing the Acceptance Form.

Acceptance Form: a form provided on the last page of the Application for Accession and completed by the authorized representative of the Academy or the Education Service Provider (hereinafter referred to as the acceptance of the Application for Accession). The acceptance of the Application for Accession confirms the agreement of the Academy or the Education Service Provider to provide services to the Client/Student under this Agreement, based on the terms of this Agreement, the Application for Accession, its annexes, and the Conditional Offer Letter.

Acceptance Date means the date when the Academy signs the Application for Accession to make the Agreement between the Academy and Client effective.

Additional Fee means a fee charged to the Client by the Academy for additional private classes availed for the Student in addition to the Service Fee, as set out in the Application for Accession.

The Client: a person representing a Student, or a Student of legal age acting on their own, who applies to enroll in a programme offered by the Academy.

Conditional Offer Letter: a letter sent to the Client offering a place in the Programme, outlining the conditions that the Client must fulfill before the Student is admitted to the course of study.

Confidential Information means information that is by its nature confidential or is designated by party as confidential or that a party knows or ought to know is confidential but does not include information which prior to the date of this Agreement was lawfully in the public domain or has been published, circulated or announced publicly or otherwise was developed by a party independently of the other party.

Content means any materials, information, data, text, images, audio, video, software, or other forms of media provided, used, created, or made available in connection with a Programme, including educational resources, instructional materials, and any related digital or physical assets.

Course means an annual set of academic, practical, and project-based classes, as well as mandatory and recommended activities, in which the Student participates to obtain an International Certificate. The duration of the Course varies based on the intensity of study, ranging from 1 to 11 months.

Deposit: means an annual advance payment collected by the Academy to secure the Student’s enrollment and eligibility to attend classes within the Programme.

Education Service Provider (Franchisee): refers to a legal entity providing educational services under the Academy’s Programmes, based on licenses granting the right to teach each Course within the stated Programmes. The Education Service Provider obtains these licenses through franchising agreements for each Programme and through certificates awarded to the teachers and branch directors of the Academy, which are owned and/or managed by the Education Service Provider.

Intellectual Property (Rights)
include any:
a) Copyright;
b) Designs, patents, trademarks, semiconductor or circuit layout rights (whether registered, unregistered or applied for);
c) Concept, idea, information, data, process, formula, discovery, video;
d) Moral rights;
e) Trade, business, company or domain names;
f) Trade or process secrets, know-how;
g) Other proprietary, licence or personal rights arising from intellectual activity in the business, industrial, scientific or artistic fields.

Intensive Coverage means the Course shall be taken within one-half (1/2) of an academic year or within two-three (1-3) monthes instead of taking the Course for one (1) academic year.

International Certificate means a certificate awarded to the Student upon the completion of each course.
International Diploma means a diploma awarded to a Student who has successfully completed all the required courses within the chosen Programme.

International Education Network means a network of branches established by Educational Partners (Franchisees) based on contractual agreements with the Academy, which acts as the Franchisor.

Interview means the face-to-face interview conducted by the Academy with Student.

Materials means any document, code, programmes or other material forms of expression or any other object, process or thing comprising Intellectual Property Rights which is provided or brought into existence through the provisions of the obligations and duties described in this Agreement.

Media mean all media including digital, electronic, print, television, film, radio, audio, audio-visual works and other media now known or to be invented.

Notice means a written notice, consent, approval, direction, order or other communication.

Notice Address means in respect of a party:
a) The address, email address specified in the Application Form; or
b) Where the party gives Notice to all other parties of another address or number, the last address, email address so notified.

Option means the relevant option as set out in the Academy Application Form.

Offer Letter: the letter sent to the Client offering a place on a Programme, being either a Conditional Offer Letter or an Unconditional Offer Letter.

Other Fees Paid: any fees or charges paid to the Academy under the Contract (including, without limitation, accommodation fees where such fees have not been collected on behalf of and transferred to a third party accommodation provider in accordance with the Student’s instructions or where the Academy has provided the student with Terms and Conditions specifically covering an accommodation contract), but not including Tuition Fees.

Programme: one of the developmental academic programmes consisting of 5 or 8 courses, which are implemented in the form of consecutive annual courses covering a variety of subjects - from personal development, creative, scientific, business to social and practical studies, developing students' skills to create startups in accordance with the Academy methodology.

Student: the person that, following receipt of a Conditional Offer Letter, accepts a place to study on a Programme.

Services means the services set out by the Academy as a whole rage of services.

Student Kit means the kit identified in the Academy Application Form.

Terms and Conditions: these terms and conditions available online at the website.

Tuition Fees / Service Fee: the fees payable by the Client or Student (as applicable) to the Academy for the Programme as detailed in the Conditional Offer Letter.

1.2. Unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular.

1.3. Term headings do not affect the interpretation of these Terms and Conditions.

1.4. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. GENERAL PROVISIONS: OBJECT OF THE AGREEMENT

2.1. The Client, in the manner and under the conditions set out in this Agreement, receives a training service, and the Academy undertakes, in the scope and under the conditions set out in this Agreement, to provide the Client with services in the form of educating their child (hereinafter referred to as the Student) through the programmes of the selected schools (hereinafter referred to as the Educational Service), as specified in the Application for Accession.

2.2. The Client agrees to the volume of selected courses listed in the Application for Accession, as well as other services to be received by the Student in accordance with the annual Calendar Plan available on the Official Website of the respective Study Programmes, and undertakes to pay for the Academy's services in the manner and amount specified in the Application for Accession and Invoices.

2.3. The training packages and fees chosen by the Client are described in Appendix # 1 to the Application for Accession.

2.4. The Client confirms and agrees that the Student receives training services based on the Application for Accession, which is an Appendix to this Agreement and has been signed by the Client personally.

2.5. By signing the Application for Accession, the Client confirms that they are acquainted with and agree to the List of mandatory and recommended elements of the academic programme of the Academy, as specified by the Parties in the Application for Accession to this Agreement, and undertakes to fulfill these requirements in a timely manner.

2.6. The Academy provides services to the Client in the form of training the Student using a system developed for the Academy based on copyrighted materials, proprietary methods, and information classified as a trade secret.

2.7. The provision of the Training Services under this Agreement is carried out in accordance with the training schedule determined solely by the Academy.

2.8. The provision of the Training Services under this Agreement shall be carried out from the date of signing the Agreement until the conclusion of the Student's attendance at classes, or until the occurrence of an event that makes the provision of services impossible, namely:
• breach by the Client of the payment terms;
• systematic violation of the internal rules of the educational institution by the Client, specifically the failure to attend classes for one month without a valid reason.

2.9. Acceptance of Services and Exclusion of Claims

• Acceptance of Services Rendered
  All services provided under this Agreement shall be deemed duly rendered by the Executor and fully accepted by the Customer in proper quality   and volume, if no justified written claims are received from the Customer within 14 (fourteen) calendar days from the date the specific service or part thereof was provided. Upon the expiration of this period, the service or part thereof is considered fully accepted and no longer subject to dispute.

• End of Claim Period
  The Customer acknowledges and agrees that the absence of claims within the 14-day period from the moment a particular service or part thereof is rendered constitutes final confirmation of the proper fulfilment of the Executor’s obligations. After the expiration of this period, any claims regarding the quality, scope, or cost of the services rendered are excluded.

• Interim Claims During the Academic Year
  In the event of dissatisfaction with the quality of any specific service or part thereof, the Customer has the right to submit a written claim to the Executor within 14 calendar days from the date the service was rendered, detailing the deficiencies. In this case, the Executor undertakes to review the claim within a reasonable time and, if it is justified, correct the deficiencies or offer remedial actions. The absence of a claim within the specified period shall constitute full acceptance of the service and a waiver by the Customer of any further demands regarding its quality or scope.

• Prohibition of Speculation and Refunds at the End of the Academic Year
  The Customer agrees that any claims not raised within the 14-day period following the provision of a particular service or part thereof cannot be made after the end of the academic year. Refunds for services rendered and accepted during the year are not possible, except in cases expressly provided for by this Agreement or applicable law.

• Participation in Startup Forums, Startup National Cup Championship, and Startup World Cup Championship
  The Customer acknowledges that participation in the annual Startup Forums, National Startup Cup Championship, and Startup World Cup Championship for those programmes, trainings, courses, and schools where they are included, is an important and integral part of the educational process. Prize places awarded based on participants' performances at these events shall under no circumstances be considered grounds for disputing the quality of the educational services provided.

• Full Acceptance of Services at the End of the Academic Year
  At the end of the academic year, culminating in the Startup World Cup Championship, all services rendered by the Executor under this Agreement shall be deemed fully accepted by the Customer in proper quality and volume. The Parties agree that no additional acts, certificates of service provision, or their equivalents are required unless otherwise stipulated by the accounting requirements of the tax residency country of either Party.
For those service price Packages, Programmes (schools), and individual trainings, courses, events, or lessons whose educational programmes do not include participation in the Startup World Cup Championship, the academic year is deemed to end on the date of the final lesson or event as scheduled in their respective calendars and educational plans.

2.10. This Agreement is a contract of adhesion, entered into by the Client’s full and unconditional acceptance of all its terms. The Client is not entitled to propose any amendments or modifications to the terms of the Agreement. By joining this Agreement, the Client has unequivocally assessed and acknowledged both the necessity and capability to enter into this Agreement. This Agreement constitutes a public offer.

2.11. By entering into this Agreement, the Client automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, and all annexes, which are integral parts of the Agreement.

2.12. The Parties acknowledge that this Agreement is not a sham or fraudulent transaction or an agreement concluded under the influence of pressure or deception.

2.13. The Client confirms the fact of acquaintance and agreement with all the terms of this Agreement in full, and also confirms the fact of accession to this Agreement by signing the Application for Accession in the manner stipulated by this Agreement.

2.14. Publication and Structure of the Agreement

The current version of the Agreement is published in the "AGREEMENT" section on the Academy's website: www.iba-consortium.com (hereinafter referred to as the "Academy’s Website"). Each Branch of the Academy operates as an independent legal entity under franchise agreements (hereinafter, depending on the context, referred to as the Franchisee or the Education Service Provider).
The Education Service Provider has its own website corresponding to the specific school or programme it represents (hereinafter referred to as the "Branch Website").

All Branch Websites are part of the Academy's global web system. In the event of any discrepancies between the versions of the Agreement published on the Branch Website and the Academy’s Website, the version of the Agreement on the Academy’s Website shall be deemed final and authoritative.

2.15. Acceptance of the Application for Accession
The Education Service Provider independently accepts the Application for Accession based on the applicable License and Franchise Agreement. A copy of the accepted Application for Accession, signed by the Client or the adult Student, and the Conditional Offer Letter sent to the Student by the Education Service Provider are stored by the Academy. These documents are used to enrol the Student in the Unified Student Registry of the Academy, facilitate the creation of Student Personal Accounts, and enable the certification of Students and issuance of diplomas.

2.16. Franchisee’s Students as Academy Students

All Students who have signed the Application for Accession at Branches operated by Franchisees and who receive services from them are considered Students of the Academy.

The Academy is responsible for the training and certification of teachers employed by the Franchisee. Once certified teachers are available for each course, the Branch is granted the corresponding License by the Academy. The presence of a License is a mandatory requirement for the Education Service Provider to conduct activities within the Academy’s Programmes.
Only the Academy has the right to issue Students with Certificates of completion for each academic course and Diplomas upon completion of the full Programme (or graduation from the respective school).

2.17. Provision of Services by the Franchisee
The Franchisee provides services to Clients, independently accepting payments from them in cash or into its own bank accounts, unless otherwise stipulated by separate agreements between the Academy and the Franchisee regarding specific Clients.
The Franchisee conducts its business activities in accordance with the laws of the respective country and its organisational and legal form of business activity.

2.18. In order to inform the Client of any changes to this Agreement, the Academy may choose to publish such changes by:
• Posting the updated Agreement and its annexes on the Academy’s website;
• Sending emails from the Academy's email address specified in the Agreement Application Form.

2.19. The Client is deemed to have been informed of the disclosed information from the moment it is published on the Academy's website.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

The Academy is required to:

3.1. Organise the student’s educational activities in accordance with the educational programmes specified in the Application for Accession.

3.2. Provide training services with an individual approach to the Student, in accordance with the selected Learning Packages and the Calendar Plan.

3.3. Reserve a place for the Student, provided that payments are made according to the applicable tariffs, in cases of illness, spa treatment, quarantine, or temporary absence of the Student for valid reasons, duly supported by documentation.

3.4. Provide training for the Student in accordance with the Client's request, involving highly qualified teaching staff.

3.5. Utilise modern pedagogical technologies and additional specialised programmes.

3.6. Provide care for the Student throughout their participation in the educational process.

3.7. Ensure optimal group sizes to maintain high-quality teaching.

3.8. Provide methodological and pedagogical support to the Client regarding the education and training of the Student.

3.9. Regularly inform the Client, or upon their request, about the Student's progress during the educational process.

3.10. Issue a Certificate upon completion of each course and a Diploma upon completion of the full Programme for each school, full course, or event where such documents are provided, subject to the fulfilment of all obligations by the Client and the Student.
The list of required and recommended elements of the Academy's academic programme is documented and signed by the Parties in the Application for Accession to this Agreement.

3.11. In the event that the Academy refuses to provide services to the Client, based on the results of interviews with the Client and the Student, which the Academy conducts before the first lesson or during the Student's learning, the Academy will refund the amount for any remaining lessons that have already been paid for by the Client.

The Academy has the right to:

3.12. Refuse to provide services to the Client and the Student based on the results of interviews with them, which the Academy will conduct either before the first lesson or during the Student's learning process.

3.13. Receive timely and full payment in accordance with the terms of this Agreement.

3.14. Reserves the right to substitute teachers, adjust the learning process, and independently select topics for seminars.

3.15. Terminate the contract unilaterally upon the occurrence of circumstances stipulated by this Agreement.

3.16. Decline to allow a sick Student to attend classes.

3.17. The Academy reserves the right to provide additional classes for the Student if the Student misses a relevant lesson for valid reasons, as agreed upon by the Academy's management.

The Client of the services is required to:

3.18. Comply with the terms of this Agreement throughout the Student's learning period.

3.19. Participate in all compulsory elements of the academic programme, as described in the Application for Accession and outlined in the Calendar Plan, which is available on the official website of the Academy on the relevant page of the Branch where the Student is enrolled. The Academy reserves the right to update the Calendar Plan without the Client's consent.

3.20. Ensure that the Student complies with the internal rules of the institution, including regular attendance at classes.

3.21. Inform the Academy in advance of the reasons for the Student's absence, providing appropriate documentary evidence.

3.22. Collaborate with the Academy in all aspects of the Student's learning.

3.23. Compensate the Academy for any losses incurred due to the fault of the Student and/or the Client or their representatives.

The Client has the right to:

3.24. Require the Academy to properly fulfil its obligations as outlined in this Agreement and in accordance with the applicable law of the country where the services are provided to the Client.

3.25. Receive training services in accordance with the terms of this Agreement.

3.26. Familiarise themselves with the terms and conditions of the educational process.

3.27. Obtain a Certificate for each course of study and a Diploma confirming the Student’s completion of a specific curriculum, provided that full payment for the standard set of academic hours has been made and all obligatory elements of the academic programme have been completed.

3.28. The Client has the right to receive additional classes for the Student if the Student misses a relevant lesson for valid reasons, as agreed by the Academy's management. Additional classes and individual work with the Student may incur extra charges.

4. FEE FOR SERVICES

4.1. Payment for the Educational Services and any additional services that the Student may receive during the course of study is made in accordance with the selected Educational Package and course of study.

4.2. The Client must make full payment to the Academy for services in the amount specified in the Invoice within 10 days, in the form of 100% prepayment for the upcoming semester or academic year, unless otherwise agreed in separate arrangements between the Client or Student and the Academy or the Education Service Provider.

4.3. The parties have agreed that payment for Educational Services is made on a subscription basis. This means that lessons missed by the Student for any reason do not reduce the cost of the programme, and payment for missed lessons is non-refundable. The Student is required to attend additional classes to cover the missed material.

Administrative work for organising these additional individual lessons, as well as the involvement of teachers and other specialists, may incur extra charges, as indicated in the Application for Accession or defined in a separate price list for additional services provided by the Academy or the Education Service Provider.

4.4. Fees for Educational Services and other services are determined separately for each Branch, country, and city, based on an economic analysis and calculations that take into account official statistics on the levels of socio-economic development and regional pricing.

4.5. In addition to the services indicated in the Educational Package Fees, the Student may receive additional services from the Academy that are not provided for in the Application for Accession.

4.6. The Educational Packages, described in the Application for Accession and the Appendix "PROGRAMME & TUITION FEES," establish the cost of services, the selected schools, and the educational packages that constitute the Agreement. These packages do not include the expenses of the Student, their relatives, or accompanying persons for transportation, meals, or accommodation during travel to the place of the planned events.
In addition to the selected Educational Package, the Student and their relatives participating in events shall pay registration fees and make other payments for participation in global events organised by the Academy, or for participation in local events organised by the Education Service Provider.

The cost of participation in events is determined based on the participation format selected by each participant from the options offered by the organisers.

The cost of registration fees is determined by the organisers based on the location, organisational expenses, number of participants, and other factors influencing the price.

4.7. The Academy reserves the right to change the Fees for Programme Courses and Educational Services for the following year by notifying the Client in advance and providing justification for these changes.

5. DISPUTE RESOLUTION

5.1. All disputes arising out of or related to this Agreement shall be settled through negotiations between the Parties.

5.2. If the dispute cannot be resolved through negotiation, it shall be settled by a court with the appropriate jurisdiction in accordance with UK law.

6. LIABILITY AND OPERATION OF THE AGREEMENT

6.1. The Client is responsible for the timely and complete payment of educational services.

6.2. The Academy reserves the right to unilaterally terminate the Contract in the following cases:

• Failure by the Client to comply with the payment terms specified in this Agreement;

• Systematic violation by the Client of the internal rules of the educational institution, specifically failure to attend classes for one month without a valid reason;

• Based on the results of interviews with the Client and/or the Student, which the Academy will conduct either before the first lesson or during the Student's learning process.

7. FORCE MAJEURE

7.1. The Parties shall be released from liability for failure to perform or improper performance of obligations under this Agreement in the event of force majeure, emergencies, or unforeseen circumstances. 

These include, but are not limited to:

• natural disasters (earthquakes, floods, fires, snowstorms, etc.);

• legislative acts of the countries of the Parties to this Agreement;

• prohibitive measures; actions of state authorities of the countries of the Parties to this Agreement, as well as other circumstances duly recognised as force majeure.

7.2. In such circumstances, the affected Party is obliged to notify the other Party within 3 days.

7.3. The Party affected by force majeure must, within 14 calendar days, provide the other Party with written confirmation of the existence and duration of the force majeure circumstances.

7.4. If the confirmed force majeure circumstances continue for more than 30 days, either Party to the Agreement may unilaterally terminate its execution, with performance being postponed during the continuation of such circumstances.

8. MODIFICATION AND TERMINATION OF THE CONTRACT

8.1. The Parties agree that the Academy has the right to amend the terms of the Agreement and its annexes. Any changes made by the Academy to the Agreement, as well as the new version of the Agreement, become binding on the Parties from the date the Academy publishes the new version on the Agreement Site, or when the changes are communicated via the Academy's website, email, or other means of electronic communication, unless otherwise specified by the Academy.

8.2. The Academy reserves the right to notify the Client of changes to the Agreement by email from the official Academy address specified on its official website or in this Agreement. The Parties confirm their agreement that such notification is acceptable to them and undertake to consider such notices from the Academy as binding.

8.3. If the Client does not submit a notice of termination of the Agreement within 10 calendar days from the date such changes take effect, the Parties shall consider that the Client supports and agrees with the changes to the Agreement (and its annexes). The Client is responsible for independently monitoring the Academy's website and electronic communications for any changes to the terms of the Agreement. The risk of non-compliance with this requirement rests entirely with the Client.

8.4. If the Client does not agree with the changes, they have the right to propose the termination of the Agreement by providing written notice to the Academy no less than 6 months before the planned termination date, in compliance with the payment obligations outlined in Sections 4 and 6 of this Agreement, which arose during the term of the Agreement or in connection with its performance, non-performance, or improper performance.
Upon receipt of such notification, the Parties shall continue to comply with the latest version of the Agreement, including the changes the Client did not agree to, until the specified termination date. The notice of termination does not release the Client from fulfilling their obligations under the Agreement.

9. CONDITIONS FOR ENTRY INTO FORCE

9.1. This Agreement and its annexes are distributed in electronic form by posting the text of the Agreement on the websites of the Academy or the Education Service Provider, or in hard copy with the original signature of the Academy's authorized representative.

9.2. The signing of the Agreement is carried out through the Client's accession to the Agreement. The Client's accession to the Agreement is completed through the following steps:

• Signing of the Application for Accession by the Client/Student;

• Acceptance of the Application for Accession by the authorized representative of the Academy or the Education Service Provider;

• Sending of the Conditional Offer Letter by the Academy or the Education Service Provider to the Client/Student;

• Payment by the Client/Student for the selected programme or course;

• Provision of the Certificate of Enrollment (upon request).

9.3. The Client’s consent to the terms of the Agreement and its annexes is full and unconditional. The Client is not entitled to claim that they are unfamiliar with the Agreement and/or its annexes (in whole or in part), or that they do not recognize their binding nature in the contractual relationship.

9.4. The Agreement terminates upon the full fulfillment by the Parties of all obligations stipulated within it.

9.5. This Agreement, along with all its annexes and amendments, may be signed by the Parties and sealed by mutual agreement, or signed with the Parties' digital signatures and transmitted to each other electronically.

10. FINAL POSITIONS

10.1. All legal relations arising out of or related to this Agreement, including those concerning its validity, conclusion, execution, amendment, and termination, as well as the interpretation of its terms and the determination of the consequences of invalidity or breach of the Agreement, shall be governed by this Agreement and the relevant provisions of UK law, as well as business customs applicable to such legal relations, based on the principles of honesty, reasonableness, and fairness.


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Educational Service Agreement. Terms and Conditions. Public offer