Agreement
- Subject of the Agreement
1.1. The Contractor provides the Customer with services for extracurricular activities in the field of education, namely, online courses in mental arithmetic for children aged 5-14 years old.
1.2. Classes are held online, meeting once a week with a coach in the Zoom program, as well as online training on the https://indigomental.com platform
1.3. Classes can be conducted only if the child has a computer and tablet, high-quality Internet and educational materials provided by the program. The purchase of training materials is a prerequisite for conducting courses.
- Agreement price
2.1. Under the present Agreement, the Customer pays in favor of the Contractor a fee for every 12/24/36/48 weeks of training and access to the https://indigomental.com platform.
The subscription includes:
3 month membership includes 12 classes and 12 weeks of subscription to the platform.
6 month membership includes 24 classes and 24 weeks of subscription to the platform.
9 month membership includes 36 classes and 36 weeks of subscription to the platform.
12 month membership includes 48 classes and 48 weeks of subscription to the platform.
2.2. The Contractor’s remuneration is paid to the Contractor’s current account every 12/24/36/48 weeks.
2.3. In case of signing up two or more children from one family, the cost of a subscription is calculated taking into account 10% family discount. When providing supporting documents.
2.4. Confirmation of payment is the invoice issued by the administrator. The administration recommends to save link for your invoice /copy of your invoice & transaction throughout the entire period of training.
2.5. All subscriptions are non refundable. Your classes and groups will be available for all period of your membership even if you decided to not participate.
2.6. At the club “Indigo Mental Training Club” a trial lesson is complementary and is included in the price of your first membership subscription.
2.7. By paying Indigo Mental Club membership you agree to terms and conditions of this agreement-offer.
- Obligations of the Parties
3.1. Obligations of the Contractor:
3.1.1. The coach and the administration of “Indigo Mental Training Club” are responsible for providing high-quality knowledge, namely abacus counting and oral counting, subject to the student’s academic discipline, which includes full attendance of online classes, behavior in the classroom, completing homework by students.
3.1.2. The Contractor undertakes to register the student in the “Indigo Mental Training Club” (https://indigomental.com/#/) computer platform, after providing personal data and paying for the courses.
3.1.3. Provide the Customer with information about the login and password to the personal account on the https://indigomental.com platform.
3.1.4. Instruct the parents (official representatives) of the child on the use of the “Indigo Mental Training Club” computer platform once.
3.1.5. Conduct online classes in the Zoom program once a week. The duration of a lesson is 60 minutes for group classes and 30 minutes private classes.
3.1.6. Provide links to an online lesson (online conference) in a timely manner.
3.1.7. Create a home training assignment program for the student for 5 days a week.
3.1.8. Make up for missed classes with children, parent is responsible to inform teacher minimum 5 minutes before the class starts that their child won’t be attendant the class, this way the teacher will have a permission to record class and provide recording for independent viewing of the lesson to the parent after the class is complete. It is client’s responsibility to watch class and complete homework at the platform during the week before next class.
3.1.9. Make up for missed classes with children. Parents can also request from teacher to join another group with the same level/age if it is available at the same week and if timing works for the client.
3.1.10. For an additional fee, client has an option to request a private class with the teacher to review material that was at missed class
3.1.11. Store the personal data of the Customer in accordance with the Law.
3.2. Obligations of the Customer:
3.2.1. Pay on time (every 12/24/36/48 weeks) for subscriptions for the “Indigo Mental Training Club” mental arithmetic class.
3.2.2. Additionally purchase educational material for teaching a child (Abacus, Workbook for each Level) from the Contractor.
3.2.3. Pay for the delivery of educational materials.
3.2.4. Use only “Indigo Mental Training Club” training material in teaching.
3.2.5. Ensure the presence of the child in all classes online. Join the Zoom meeting on time.
3.2.6. Provide the child with a laptop or tablet, as well as high-speed Internet.
3.2.7. Warn the administration about the absence from the class minimum 5 minutes in advance.
3.2.8. The parents (official representatives) of the child are not to enter the online Zoom meeting under their own access, and also are not to transfer links to the online Zoom meeting of class to others.
- Responsibility of the Parties and Dispute Resolution
4.1. In case of violation of their obligations under the present Agreement, the Parties shall be liable as defined by the present Agreement and the current legislation. A violation of an obligation is its non-fulfillment or improper fulfillment, that is, fulfillment in violation of the conditions determined by the content of the obligation.
4.2. The Parties shall not be under any liability for any failure to perform any of their obligation herein due to any cause whatsoever beyond their reasonable control. The Party is considered innocent if it proves that it has taken all measures in its power to properly fulfill the obligation.
4.3. In case of non-payment of the monthly fee to the Contractor, the contract will be terminated unilaterally.
4.4. If the Customer due to their circumstances (no Internet access, moved to an area with no network coverage for a long time, broke the gadget, decided not to continue studying, etc.) cannot or does not want to attend the paid courses, the Contractor does not return the funds. Access to the platform is blocked automatically after the end of the 28(84)-day period and no payment is received for the next period. Missed classes can be made up for later in due course, but without the platform.
4.5. In case of termination of the present Agreement, the Contractor blocks access to the “Indigo Mental Training Club” computer platform and does not send access links to Zoom online broadcasts.
4.6. All disputes related to the present Agreement, its conclusion, or such that arise in the process of fulfilling the terms of the present Agreement, shall be resolved through negotiations between representatives of the Parties. If the dispute cannot be resolved through negotiations, it is resolved in a judicial proceeding according to the established jurisdiction and competence of such a dispute in the manner determined by the relevant current legislation.
4.7. If the Contractor terminates the present Agreement unilaterally, then the remuneration provided for in the present Agreement will not be returned to the Customer.
- Force Majeure
5.1. In the event of the occurrence of certain circumstances that prevent any of the Parties from fulfilling their obligation under the present Agreement, the Party that cannot fulfill its obligation under the terms of the present Agreement is fully released from liability for non-performance, provided that:
a) a circumstance has arisen that could not be known and taken into account when concluding the present Agreement;
b) this issue could not be addressed and it was impossible to avoid or overcome it in the performance of the obligation;
c) the aforementioned issue or its consequences were the result of reasons beyond the control of the Party that did not fulfill its obligations. Circumstances corresponding to the above conditions, notably: fire; flood; wars officially declared by the leadership of the country in which the hostilities are taking place; quarantine;
The Party for which it will be impossible to fulfill its obligations under the present Agreement due to the circumstances specified above is obliged to immediately notify the other Party in writing of the occurrence and termination of the aforementioned circumstances, their possible consequences, and prove the occurrence of such events with an official document issued by the relevant authority (chamber of commerce) of the country of origin and instance of force majeure.
5.2. If the aforementioned circumstances shall arise, the deadline for the fulfillment of agreement obligations is postponed in proportion to the period of time during which these circumstances or their consequences will transpire, but not more than 90 calendar days. If the aforementioned circumstances and their consequences continue for more than 90 calendar days, the Parties, on the basis of mutual negotiations, decide on the future of the present Agreement. In case of termination of the present Agreement in full or in part, neither of the Parties has the right to claim damages from the other Party.
- Duration of the Agreement and other conditions
6.1. Changes to the present Agreement can be made by mutual agreement of the Parties, drawn up by an additional agreement to the present Agreement.
6.2. Amendments and additions, additional agreements and annexes to the present Agreement are its integral part and are legally binding if they are made in writing and signed by authorized representatives of the Parties.
6.3. This agreement comes into force and the parties agree to its terms after the fact of completed registration, that is, payment for a training membership and is valid until the expiration of the membership (12/24/36/48 weeks)
6.3. In order to comply with the requirements of the Laws of state of New Jersey “On the Protection of Personal Data”, “On Information”, the Parties to the present Agreement voluntarily consent to the processing of any personal data that became known as a result of agreement relations. Processing includes: collection, registration, accumulation, storage, use, destruction of personal data in order to maintain a database of counterparties. When changing their personal data, the Parties undertake to provide updated information as soon as possible and submit the originals of the relevant documents for entering new personal data into the personal data database of counterparties.
