Terms and Conditions

Public offer

to conclude a user agreement

This Public Offer is a public offer by SunnyAcademy Inc (hereinafter referred to as the «Contractor») to an unlimited number of persons to conclude an agreement for the use of the www.sunnyacademy.com website on the terms and conditions set forth below.

Acceptance (acceptance) of this offer is made by making an advance payment for the Trainings. The acceptance is complete and unconditional. By accepting this Offer and registering on the specified site, the user simultaneously concludes an agreement for the use of the site on the following terms:

1. Basic concepts

1. 1. Balance – the number of unused Trainings on the Client’s account in the Personal Account. The balance is calculated as the difference between the number of Trainings paid by the Client and the number of Trainings used (received) by the Client.
   2. Order – the Client’s application for the provision of services by the Tutor chosen by the Client on the terms listed on the relevant page of the Site with a description of the services provided by the Tutor / Tutors, posted on the Site.
   3. Client – an individual who, through the use of the functionality of the Portal, applies to the Tutor for the provision of services for conducting Trainings and other services, the description of which is presented on the Portal.
   4. Personal account – a personal section of the Site containing data about the User and the User’s materials, access to which the User receives after completing the registration / authorization procedure on the Site;
   5. User —an individual registered on the Site. Users are Clients and Tutors;
   6. User Agreement — an agreement between the Clients and the Contractor, concluded by accepting the Offer;
   7. Portal — «Sunnyacademy Online School of English» — a set of information and technical resources on the Site aimed at providing the technical ability for Tutors to search for Clients to provide Clients with paid services, and for Clients to place orders for the provision of paid services by Tutors and receive the services of such Tutors using functionality of the Site.
   8. Website Visitor — any person who has accessed the Website on the Internet;
   9. Registration — creation of a Personal Account on the Website after filling out the registration form, assigning a login and password;
   10. Tutor — an individual registered on the Site to provide paid consulting services to Clients;
   11. Site — an Internet site hosted in the domain www.sunnyacademy.com;
   12. Service (Services) — a set of technical and technological capabilities of the Site available to the User after the latter accepts the Offer and registers on the Site;
   13. Messages and Materials (Content) — photos posted on the Site by the Contractor and Tutors, audiovisual objects, texts, hypertext links, audio files and other objects available to Users or an unlimited number of visitors to the Site, as well as statements, informational messages of Users on forums and other sections Site;
   14. Training — a remote consultation in English, conducted by the Tutor for the Client through the use of the Skype computer program. The duration of the Training is determined by the terms of the Order and the description of services for the service package chosen by the Client.
   15. Training in a group — a remote consultation in English, conducted by a Tutor for a group of Clients through the use of the Zoom computer program. The duration of the training in the group is determined by the terms of the Order and the description of services for the package of services chosen by the Clients. The number of Clients in one Training in a group is from 2 to 8 people.

2. Subject of the Agreement

1. 1. The main purpose of the Site is to provide Users with the opportunity to find each other for the provision of paid services by the Tutor to the Client within the framework of Trainings, testing and other paid services, the description of which is presented on the Portal. The Portal provides Clients with the opportunity to get acquainted with information about Tutors, select a Tutor and order the services of a selected specialist, as well as Clients have the opportunity to pay for Tutor services through the functionality of the Portal and control the balance of paid Trainings using the Balance
   2. The Contractor provides Users with the technical ability to use the functionality of the Site, including access to the Training schedule, coordination of the Training between the Client and the Tutor, placing Applications for the provision of services, booking (recording) Clients to participate in Trainings and Trainings in a group, for testing; provides technical support to the Portal, and also provides all possible assistance in resolving disputes arising from Users. The Contractor is not a payment system and performs exclusively intermediary functions between the Client and the Tutor when accepting and transferring to the Tutor the Client’s payment for the services provided.
   3. The portal is a complex, complex, composite result of intellectual activity and operates on an «as is» basis. The exclusive right to the elements of the Site and the Site as a whole belongs to the Contractor. The use of elements of the Site and its content, including the logo and design, without the permission of the Contractor is prohibited.
   4. The interaction between the Contractor and the Tutor is carried out within the framework of a separate contract for the provision of services, concluded after the registration of the Tutor in the Personal Account. Until the conclusion of such an agreement, the Tutor uses the Portal on the general terms and conditions set forth in this User Agreement.
   5. The Contractor is not related to recommendations, advice, instructions and other content submitted by some Users for other Content, as well as Trainings. The opinion of the Contractor may not coincide with the opinions of the Users set forth in such Content on the Site and within the framework of the Trainings.
   6. By starting to use the Services, the User/Visitor thereby confirms the familiarization and acceptance of the terms of this Agreement and the conclusion of an agreement in accordance with them. In the event that the Site Visitor does not agree with the terms of this Agreement in whole or in part, he must refrain from using the Site or immediately stop using the Services that has begun.

3. Cost of services and payment procedure

1. 1. For the use of the technical capabilities of the Portal by the Contractor, no payment is charged from the Clients.
   2. The description of the paid services of Tutors and their cost for Clients are presented in the relevant sections of the Site (https://www.sunnyacademy.com/stoimost), they are available to all Site Visitors and represent information open to an unlimited number of people. Descriptions of paid services published on the Site are regarded as an offer by Tutors to Clients to conclude an agreement for the provision of paid services by Tutors on the terms described and at the rates reflected in such descriptions of paid services.
   3. After registering on the Site, the Client is provided with a free introductory Training lasting 20 minutes in order to familiarize the Client with the capabilities of the Portal and make a decision to continue cooperation.
   4. The prices published on the Site may be changed due to a change in the pricing policy of the Portal or the Contractor reaching agreements with the Tutors on the provision of paid services on other terms. The cost of services paid by the Client before the information on the price change appears on the Site is not subject to change up or down until the Client receives the paid service.
   5. The cost of paid services is paid by non-cash transfers to the account of the Contractor or using the payment services indicated on the page https://www.sunnyacademy.com/payment.
   6. Payment by the Client of the Training or other paid services during the period of using the Site confirms his unconditional consent to conclude an agreement with the Tutor for the provision of paid services at the declared cost in accordance with the Application for which the payment was made.

4. Rights and Obligations of Clients

1. 1. By accepting this Agreement, the Client agrees to use the Portal in any legal way in accordance with the purpose and functionality of the Site. The Client must refrain from any actions that violate the rights and legitimate interests of other Users, the Contractor or third parties, as well as those that can cause direct or indirect damage to these persons.
   2. Clients are obliged to comply with the following rules for participation in Trainings:
      1. Turn on the computer program used for the Training, no later than 10 minutes before the start of the Training, make sure that the equipment and the Internet channel used for the Training are working;
      2. Use a microphone that allows all participants of the Training to hear the speaker well;
      3. Do not have constant conversations throughout the entire Training in a group, provide an opportunity for other participants to speak;
      4. Turn off your mobile phone for the period of participation in the Training;
      5. Exclude extraneous activity and noise for the duration of participation in the Training;
      6. Do not post video and audio recordings of the Trainings on the Internet and do not distribute them to third parties, including by placing them in a place open to the public.

If any of the above rules is not observed, the Client may be excluded from participation in the Training or Training in a group without recalculation of the paid participation fee.

4.3. In order to avoid cases of fraud and other illegal actions, Clients are recommended to:

— avoid during the Trainings the disclosure of personal data that is not related to the topic of the lesson and the conduct of the Training, which can be used by fraudsters (passwords, bank card details, specific address of residence, salary information, etc.);

— not to show bank cards, documents proving identity or confirming the rights to property / other rights;

— under no circumstances transfer money directly to another party. All calculations are recommended to be carried out within the framework of the Portal functionality;

— exercise the due level of discretion in communication with another participant of the Training;

— do not agree to offers to meet for the Training in person, as well as receive the services of a Tutor outside the Portal;

— immediately notify the Contractor of all facts of suspicious or illegal actions of Users within the framework of the Training, as well as cases of receipt by the Client of requests from other Users outside the Training and the Portal.

4.4. The Contractor expresses a request to the Clients to immediately inform the Contractor upon detection of a violation of the terms of this Agreement in the actions of another User, identification of cases of copying and use of the information content of the Site, including logos, designs, separate Content, on other sites on the Internet, detection of violations of copyright and other intellectual rights.

4.5. In the event that the Contractor is held liable and (or) fined in connection with violations of the rights and/or interests of third parties committed by the Clients, as well as prohibitions or restrictions established by law, the Client undertakes to fully compensate the losses of the Contractor.

4.6. It is not allowed to transfer your login and password or provide access to your Personal Account to third parties. In case of violation of this prohibition, the Contractor shall not be liable for the disclosure of the Client’s personal data and its possible losses.

4.7. The Client once during the term of the Agreement has the right to postpone the scheduled Training or other paid service to another time available in the schedule or cancel his participation in the Training / other paid service, no later than 8 hours before the start of the Training / other paid service.

In the event of the Client’s repeated refusal to participate in the Training / other paid service, as well as in the event the Contractor receives the Client’s application for postponement / refusal to participate later than 8 hours before the start of the Training / other paid service, the services of the Tutor are considered to be provided properly, and the cost of the paid service is non-refundable to the Client.

5. Content Requirements

5.1. When conducting Trainings, Clients must comply with applicable law

5.2. On the Site, as well as within the framework of the Trainings, it is prohibited to post or otherwise use the Content, as well as to allow statements that: contribute to inciting religious, racial, ethnic or ethnic hatred; contain elements of violence, call for violence, genocide, ecocide, other offenses; are offensive or obscene; contain threats to life, health, other intangible benefits and property, slander, knowingly false information about a citizen or organization, knowingly false information about a crime; are pornographic in nature; violate the rights of minors; are of an advertising nature, including hidden and veiled advertising, advertising of goods under the guise of advertising of a manufacturer or seller (except for the placement of advertising materials after agreement with the Contractor); are Spam or Flood; contain commercial, official, medical, banking or other secrets protected by law; contain malicious software, virus programs, spyware, etc., capable of or posing a threat of harm to the property of Users, Visitors or the Contractor, the performance of the Site and its Services, data theft and other adverse consequences; violate the rights of authors and copyright holders.

5.3. By uploading and providing access to the Content, the Client confirms and guarantees that these objects are used with the consent of the author or other copyright holder or are subject to free use without such consent or conclusion of an agreement, do not contain illegal borrowing, alterations, processing of other people’s copyright objects, are not cases illegal use of trademarks, service marks and other means of individualization of legal entities and individual entrepreneurs, other objects of intellectual rights.

Quoting other people’s works is allowed only in strictly limited cases and volume, with the obligatory indication of the author and source of citation. The Client is obliged to immediately bring to the attention of the Contractor any cases of violation of rights, including copyrights, by the Content on the Site that become known to him, and also notify him of the receipt of claims from the copyright holder.

5.4. The Contractor reserves the unconditional right to monitor information on the Site that violates the requirements of law and morality, and delete such information, interrupt and suspend Trainings with a warning to the Client about the inadmissibility of such violations, restriction of the use of the Services, or with unilateral extrajudicial termination of the Agreement with such a Client with blocking on the Site at the choice of the Executor.

5.5. The Contractor reserves the unconditional right to use special effective programs that allow you to prevent, track or delete posted counterfeit works, as well as other information that violates the requirements of the law.

5.6. Upon receipt by the Contractor of a notice from the copyright holder about the fact of violation of exclusive rights on the Site, as well as in other cases of detection of the use of the Site in violation of the exclusive or other rights of other persons, the Contractor takes immediate action to remove, block the content in question and access the violator to the Site. The Contractor transfers all information known to him about the violator at the request of the court, law enforcement agencies, lawyer’s request, and also provides information about the source of the appearance of content that violates the rights of other persons at the request of such persons. The Client fully agrees with these conditions and takes into account such consequences when working with the Site.

6. Rights and obligations of the Contractor

6.1. The Contractor makes changes to the Services, modifies and changes the Site in any way, adds new Services, removes the Services, suspends the Services and the Site as a whole, while observing the terms of the provision of services in accordance with the agreements.

6.2. The Contractor has the right to carry out technical work on the Site without prior notice to Users. In cases where it is obvious that the technical work will take more than a day, the Contractor takes measures to notify the Users in advance about the work being prepared by posting a corresponding notice on the Site.

6.3. The Client agrees that the Contractor has the right to send notifications to the Client about new features or changes in the operation of the Site to the e-mail addresses specified by them during registration, including using notifiers, automatic mailing systems.

6.4. The Contractor has the right, in order to promote the Site, to place advertising materials on it, including banners, animated videos, contextual advertising.

6.5. The Contractor reserves the right to unilaterally and extrajudicially withdraw this offer, terminate the agreement and (or) terminate the registration of the Client on the Site, block the Client, limit the functionality for the Client in the event that the Client violates the terms of the Agreement, including spam, flood, and also:

— in case of repeated (more than 2 times) complaints about the behavior or actions of the Client that interfere with the Training from other Users of the Site,

as well as in other cases specified in this Agreement.

6.6. The Contractor is obliged to comply with the rules for processing personal data of Users. The Contractor has the right to process Users’ personal data even after blocking or deleting the User from the Site, if the User has not withdrawn consent to processing. When registering on the Site, the User agrees to the processing of his personal data by the Contractor in order to fulfill this Agreement, contract. The user has the right to withdraw consent at any time.

7. Disclaimer

7.1. The Parties have agreed that the Contractor shall not be liable for the losses of the Clients due to the inoperability of the Site or technical problems on the Site, including their lost profits, shall not be liable for the consequences of malfunctions in the operation of the Site for the software of the Clients and their property, for the loss, distortion of the Content, failure to perform or improper performance of its obligations due to violations in the operation of the Site, technical malfunctions, hacker and other attacks on the Site, unauthorized access of third parties to content, services, the site, other illegal actions of third parties, the action of malicious programs, failures in the operation of telecommunications, energy networks.

7.2. Since the Contractor is not associated with the content of the Trainings, and the Trainings are held in real time as part of the interpersonal interaction between the Tutor and the Client, the Contractor cannot control the content of the Trainings, but assumes the obligation to promptly respond to claims from copyright holders and other persons affected by the actions of those participating in the Training and take immediate action to stop or prevent further violations of their rights.

7.3. The Parties are not liable for non-performance, improper performance of obligations under this Agreement, its annexes, the concluded Agreement, its annexes due to force majeure, which, among other things, the parties include the introduction of a state of emergency, the introduction of martial law, hostilities, emergencies , natural and man-made disasters, the adoption or cancellation by the authority of an act affecting the fulfillment of obligations, strikes, riots, floods, floods, fires, earthquakes, avalanches, landslides, terrorist attacks.

7.4. The Contractor is not responsible for the cases of video and audio recordings made by the participants of the Trainings and the placement of such recordings on the Internet, as well as for the distribution of recordings in other ways, as well as for cases of copying of the methodological developments of Tutors by Clients or other persons who have gained access to the Training, in the absence of guilty actions Contractor.

8. Handling complaints and resolving disputes

8.1. The Contractor accepts any appeals from persons who consider their rights or the rights of third parties, public interests, the law violated by the Content, the actions of persons on the Site, pre-trial claims, which are sent in writing with a detailed statement of the essence of the violation, a hypertext link to the Content. Pre-trial handling of a claim is recognized as mandatory according to the procedure indicated below.

8.2. The Contractor accepts questions, claims, pre-trial claims, wishes, reports of problems through the feedback form at https://www.sunnyacademy.com/

8.3. The Contractor strives to study each received message, proposal, question, request, claim as objectively and comprehensively as possible. The term for consideration of the appeal, claim by the Contractor or the User is up to 30 calendar days. The response is sent to the postal or e-mail address indicated by the applicant. The Contractor is not responsible for the non-receipt by this person of legally significant messages due to his fault, including due to temporary absence at the specified address.

8.4. The Contractor does not consider anonymous appeals, appeals that do not allow identifying the person who sent the appeal, appeals containing obscene language, written in illegible handwriting, containing insults, appeals for which an answer has already been given on the merits, appeals from which it is not possible to establish the essence of the appeal .

8.5. If it is impossible to resolve claims or disputes through negotiations, they are subject to resolution in the manner prescribed by the civil procedural legislation of The United States of America.

9. Validity of the Agreement

9.1. This Agreement is valid and is considered concluded from the moment the User accepts the terms of the Offer and registers on the Site without limitation of validity period.

9.2. New editions of the Agreement, the Agreement, their annexes are strictly binding, in case of disagreement with the new editions, the User must terminate the Agreement and stop using the Portal.

9.3. This Agreement may be prematurely terminated out of court in the event of:

9.3.1. Agreements of the parties — on the day established by such an agreement;

9.3.2. Receipts from the User of a written notice (by mail or to the e-mail address of the Contractor) about the refusal to execute the Agreement — on the next business day after receipt of such notice, unless a longer period is specified in the notice;

9.3.3. Receipt to the User from the Contractor of a written notice (by mail or to the User’s e-mail address) about the refusal to execute the Agreement — on the next business day after receipt of such notice, unless a longer period is specified in the notice;

9.3.4. In the cases established by the Agreement — on the next day after the occurrence of the circumstance provided for by the Agreement, with which the termination of the Agreement is associated, unless another period is established by the Agreement.

The obligations of the parties on mutual settlements are valid until the end of such settlements.

10. Refund policy

10.1. Upon termination of the Agreement, the Contractor transfers to the Client funds for individual Trainings that the Client will not use in connection with the termination of the Agreement, within seven banking days from the date of termination of the Agreement, solely on the condition that the last payment by the Client was made within 120 days from the date of receipt from Customer written notice. If more than 120 days have passed since the last payment of the Client until the date of receipt of a written notice of termination of the Agreement, the funds will not be returned.

10.2. Funds for Trainings in a group are not returned to the Client upon termination of the Agreement.

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SunnyAcademy Inc
USA, State of Delaware, Coastal Highway, Lewes, Delaware 19958, County of Sussex
Taxpayer Identification Number: 98-1740029