The present Terms of Services on the provision of helping to children’s speech development services (hereinafter referred to as the “Terms” or “Regulations”) determine the procedure, terms and conditions for provision of services by Govorika LP (hereinafter referred to as the “Company”) to individuals or legal entities (hereinafter referred to as the“Client”).
The Company and the Client, separately, shall be referred to as the “Party” and jointly as the “Parties”. Individuals and legal entities, to whom the Company provides services under the Terms, shall be jointly referred to as the “Clients”.
These Terms are addressed to legally capable persons that being the Clients of the website: https://www.govorika.com/
These Terms regulate and constitute the Agreement between the Client and the Company. The Client enters into the Agreement bound by these Terms, Tariff Policy and Statement of Work by signing the Statement of Work.
The current version of the Terms shall be available on the Company`s Website at: https://www.govorika.com/ so that the Client can read it carefully and with due diligence before accepting the terms and conditions of the Terms. The Tariff Policy is available on the Company’s Website and shall constitute integral documents of this Agreement.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Either Party represents and warrants that it has required legal capacity and all rights and powers necessary and sufficient to enter into and perform the Agreement in accordance with the terms and conditions hereof.
In this Agreement, the terms below have the following meanings:
Tariff Policy— shall mean a policy that regulates the payment method, prices and refund policy and any other data related to the matter of payment by the Client for the Company ’s Services. The Tariff Policy shall also contain the catalogue of services and products offered by the company. The Tariff Policy for each type of Services and any other payment information shall be determined, specified and regularly updated by the Company at the Company’s Website at the following link:
Company shall mean Govorika LP, which provides the Service to the Clients and performs other actions related to the use of the Service.
Client (Client’s child (ren)) shall mean individuals who applied to the Website for services.
Company ’s website (Website) shall mean the Company ’s information resource in the information and telecommunication global network (hereinafter – the Internet) located at: https://www.govorika.com/ through which the Client can examine the list of Company ’s Services.
Service (Services) shall mean the Company ’s following actions:
— Primary diagnostics shall mean actions specified in clause 3.3 of the Terms of Services;
— Purpose of the training program with Speech Therapist;
— Organization of meetings between the Speech Therapist and the Client.
— Tariffs (Tariff and Refund Policy)shall mean the types and methods of payment as well as prices for each type of Services payable to the Company by the Client;
— Invoice shall mean request for payment under the agreed conditions between the Parties for services performed.
Speech Therapist shall mean a person who represents the Сompany and works with Client’s children in accordance with the purposes set out in each Client’s individual program.
- 2.Scope of the Agreement
- 2.1.These Terms shall establish the conditions and procedure for the provision of Company Services to the Client. The scope of Company Services shall be determined by the Client and the Company separately in the Statement. The scope of services provided under this Agreement shall not be limited by helping to children’s speech development services only. These Terms shall cover all Services, as well as any subsequent modifications and additional services appearing in the future. In order to get accustomed with the Services the Client shall examine the Tariff Policy and the relevant pages of the Company’s Website.
- 2.2.The Client accepts these Terms of Services by using the Website. Acceptance of these Terms of Services shall mean the Client’s full and unconditional consent to the terms and conditions hereof.
- 2.3.This Agreement shall be deemed concluded and effective from the date when the Client performs the actions set forth in Clause 2.2. of the Agreement, which means complete and unconditional acceptance by the Client of all terms and conditions hereof without any exceptions and / or restrictions.
- 2.4.The Client shall pay for the Company’s Services in accordance with Clause 7 of this Agreement and Tariff available at the Company’s Website.
- 3.Service Provision Procedure
- 3.1.In order for the Company to start the provision of services the following procedures shall be completed in the following order:
- 3.2.The Client shall examine the relevant services of the Company stipulated on the official website of the Company and in the Tariff Policy.
- 3.3.The Client shall contact the official representative of the Company via chat bot in messenger (Whatsapp, Telegram, FB, Viber) and gets a link to free diagnostics by ZOOM meeting.
- 3.4.When the Client clicks to the button “start” and goes to Zoom meeting shall means that Client agrees that all Zoom meetings are recorded automatically.
- 3.5.The meeting shall be attended by a Speech Therapist, the Client’s child and the Client.
- 3.6.At the meeting, the speech therapist diagnoses violations.
- 3.7.After the diagnosis, the Сlient receives a conclusion with the identified violations and a suggestion for exercises and classes with a Speech Therapist.
- 3.8.When making a payment, the Client agrees to the terms of the proposed training program After payment, the Client receives a package of classes and gets a new link to ZOOM for each class.
- 4.Rights and obligations
- 4.1.Rights and obligations of the Company :
- 4.1.1.The Company shall provide Services to the Client and the round-the-clock access to the Website.
- 4.1.2.The Company shall have the right to check and pre-moderate the Information disclosed by the Client.
- 4.1.3.If the class is not held at the Company’s initiative due to the absence of a Speech Therapist or for any other reason, the class paid for by the Client is saved and postponed to another time or day.
- 4.1.4.The Company shall consider all the requests of the Client and submit relevant information, provided that the Client has read and understood the terms and conditions of these Terms.
- 4.1.5.The Company shall notify the Clients of any changes in the terms and conditions of this Agreement by publishing the latest version hereof on the Website.
- 4.1.6. The Company has the right not to provide Services the Client will not make full payment for services in accordance with the provisions of this Terms of Services.
- 4.1.7.The Company may suspend the operation of the Website and / or the Service, as well as hardware and software that ensure interaction between the Parties under this Terms of Services, in the event of any significant malfunctions, errors or failures, and for the purpose of preventive maintenance and prevention of unauthorized access.
- 4.1.8.We monitor the quality of Services and are required to record all video lessons. The company has the right to view lesson recordings in order to evaluate the work of the Speech Therapist and improve the quality of Services provided.
- 4.2.Rights and obligations of the Client:
- 4.2.1.The Client agrees to comply with the rules of these Terms of Services.
- 4.2.2.The Client shall further provide reliable information when entering into Terms of Services or negotiating with the Company.
- 4.2.3.If the Client cannot attend the class according to the schedule approved by the Parties, the Client must notify the Company 6 hours before the start of the class. Otherwise, the Service is considered rendered and the cost paid is not refunded.
- 4.2.4.The Client shall not reproduce, duplicate, copy, sell or resell, or use any Services or parts of the Service for any commercial purposes without the Company ’s written consent.
- 4.2.5.The Client shall obtain access to the Website using his/her Authorization Data only from one device at a time.
- 4.2.6.The Client shall independently and in a timely manner familiarize himself(herself) with the Information regarding change in Tariffs and the terms and conditions of this Terms of Services posted on the Website.
- 4.2.7.The Client shall pay for the Services in accordance with the Tariffs and Invoice, within the time limit and under the terms established by the Company. The Tariffs for each type of Services shall be determined, specified and regularly updated by the Company at the Company ’s website at the following link:https://www.govorika.com/#prices.
- 4.2.8.The Client shall have the right to submit claims to the Company and shall send requests in the manner and in cases as stipulated by these Terms and the Statement.
- 4.2.9.The Client shall have the right to terminate this Agreement at the times and terms stipulated by these Terms and the Statement.
- 4.2.10.The Client does not have the right to work with a Speech Therapist outside of the Website and the communication methods of video conferencing service agreed by the Parties.
- 4.1.Rights and obligations of the Company :
- 6.Accessing the Website
We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- 7.Value and cost of Services
- 7.1.The Company shall set the value of the Company`s Services in Tariffs published on the Website and the Statements signed by both Parties. The Tariff Policy may not constitute the final price (cost) of the Company’s Services. The company agrees with the client on the price (cost) of Services before the start of Services.
- 7.2.The Company shall have the right to unilaterally change fully or partially (that is, increase or decrease), establish new Tariffs and / or cancel existing ones.
- 7.3.The Company shall provide all Services on the basis of 100% prepayment. The Client shall make 100% payment in advance. The Company reserves the right to refrain from the provision of Services until full payment is received by the Company.
- 7.4.The Сompany issues an invoice in the Stripe program and sends a payment link to one of the Сlient’s messengers. The Client may pay for the Company`s Services using a bank card through the Website (or through any other means previously agreed with the Company, including the use of online technologies that are not contrary to the law).
- 7.5.When the paid lessons are over, the Company will issue the new invoice to the Client if the Parties agree to continue the lessons.
- 7.6.The Company reserves the right to modify or discontinue, either temporarily or permanently, any part of our Services at any time by posting updates to our website or the Tariff Policy. The Company may redesign certain Services.
- 7.7.At sometimes the Company may change the pricing of it’s Services. This shall not affect the commenced provision of Services and shall apply only to future relations with the Client.
- 8.1.All content produced by the Company and Speech Therapist within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by the Company for Client as part of the Services is copyrighted by the Company and remains the exclusive property of the Company, unless otherwise provided by the Statement. Upon termination of the Terms of Service copyrights shall remain with the Company, unless otherwise provided by the Company.
- 8.2.The Client does not have any rights to resell, license or otherwise allow third parties use of the content or other Services without pre-eminent consent of the Company.
- 8.3.The Client hereby acknowledges and agrees that Company shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of the Company’s Services for referral and marketing purposes.
- 9.1.The Parties shall be liable hereunder for failure to fulfil or improper fulfilment of the provisions hereof.
- 9.2.The Client agrees that the Services provided by the Company may be protected intellectual property.
- 9.3.Text content (articles, publications available on the Website) may be distributed if there is an active link to the Website.
- 9.4.The Company shall not be liable for any direct or indirect losses of the Client caused by failure to use the Website or some Services of the Website as a result of the Client’s bad internet connection, technical difficulties or any other reason whatsoever unrelated to the ability of the Company to perform duties under such Terms of Services. The Company shall not be liable for any loss suffered by the Client in connection with the use of Company ’s Services provided under the present Terms of Services unless such loss arises from bad faith, willful default or fraud on the part of the Company .
- 9.5.The Company shall not be liable for inconsistency of the Service with the Client’s expectations and / or his/her perception; such inconsistency with expectations and / or negative perceptions shall not constitute grounds for considering the Services to be of poor or insufficient quality.
- 9.6.The provisions of this Terms of Services shall not exclude or limit the Company ’s liability for damage to various extents.
- 10.Limitation of liability for the inaccessability of the website
- 10.1.IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OWNERS, DIRECTORS AND OFFICERS, AS WELL AS LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE OUR SERVICES; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICES, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 11.1.The Company may, at its option, subcontract it’s Services but The Company’s use of subcontractors shall not affect its responsibilities under the applicable Terms of Services. Moreover, The Company shall be fully responsible for work done by its subcontractors within the scope of the Terms of Services as it is for work done by its own employees. The Company shall have written Terms of Services with its subcontractors that contain clauses that are the same as or comparable to the sections of these Terms of Services regarding ownership rights and confidentiality of Client’s Service provision results.
- 12.Account Suspension or Termination.
If company determines that Client has violated Company’s terms or policies, Company may take actions against Client’s account to protect it’s community and Services, including by suspending access to Client’s account or disabling it. Company may also suspend or disable Client’s account if Client creates risk or legal exposure for the Company or when the Company is permitted or required to do so by law. Where appropriate, Company will notify the Client about the account the next time the Client tries to access it. If the Client deletes or disables the account, these Terms of Services shall terminate as Terms of Services between Company and Client.
For non-payment or non-performance by client, Client’s right to the Services afforded to the Company’s Clients shall automatically terminate.
- 13.Force majeure circumstances
- 13.1.The Parties shall not be held liable for any delays in the performance or for nonperformance of their obligations under the present Terms if the delay or non-performance was due to circumstances or reasons beyond the control of the Parties, such as a war (including civil war), riots, sabotage, embargo, fires, floods or other acts of God, explosions, actions or omissions of government authorities, strikes. All and any of these circumstances shall be regarded as force majeure circumstances. Within 24 (twenty-four) hours upon receipt of information about commencement of any force majeure circumstances which delay or interfere otherwise with the performance of the Terms, the Parties shall notify each other in writing.
- 13.2.The Parties shall not be held liable for any damages, losses, claims or other expenses that may be incurred as a result of force majeure circumstances.
- 13.3.If force majeure circumstances interrupt or make impossible the performance of obligations of the Parties for a period longer than a month, either Party may terminate this Terms of Services serving a prior weekly written notice of termination on the other Party.
- 13.4.In the event that the Company determines in its reasonable opinion that a Force Majeure Event exists, the Company shall be entitled without notice and at any time take one or more of the following steps:
suspend or modify application of any or all of these Provisions of the present Terms of Services to the extent that the Force Majeure Event makes it impossible or impractical for the Company to comply with these clauses; or
take any other actions as the Company may consider to be reasonable under the circumstances in relation to the position of the Company, the Client and the Company’s other Clients.
- 14.Dispute settlement procedure
- 14.1.All disputes and disagreements that arise or may arise out of this Terms of Services at the Client’s initiative shall be settled on an out-of-court basis.
- 14.2.In case of a dispute and/or disagreement that may arise out of this Terms of Services the Parties within 10 (ten) working days shall send each other written complaints at the following addresses:
- 14.3.If the written complaint is addresed to the Company — the legal address of the Company
- 14.4.If the written complaint is addressed to the Client — the email stipulated by the Client in the Statement.
- 14.5.If the parties have not been able to resolve the dispute within ten working days of receipt of the written complaint, the parties shall refer the dispute to the relevant United Kingdom judicial authority.
- 15.Governing Law
- 15.1.This Terms of Services will be construed in accordance with and governed by the laws of United Kingdom.
- 15.2.For all matters not covered in this Terms of Services, Parties shall be governed by the laws of United Kingdom.
- 16.1.These Terms shall be deemed to have been made, executed and delivered in the State of Singapore and shall be construed in accordance with the laws of the State of Singapore.
- 16.2.Electronic Communications. The Company shall send information relating to the Client’s account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form via emails/messengers.
- 16.3.Survival. If any provision or provisions of this Terms of Services shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
- 16.4.Counterparts. The Parties hereto agree that facsimile signatures shall be as effective as if originals. This Terms of Services may be executed via facsimile in any number of counterparts, all of which taken together shall constitute one and the same Terms of Services.
- 16.5.The English version shall prevail of all legal statements, statutory Statements made by the Company, including the present Terms. The Company does not accept any kind of legal claims, or other complaints for the misunderstandings as a result of any mistranslation.
If the Company changes the terms of these Terms, the Company shall post an updated set of terms and conditions on the website and/or shall post a change notice and/or send subscribers an email notice of the changes in advance of implementing the changes.
- 17.Company’s contacts:
Customer Service Department can be contacted from:.
- A.of an email to: firstname.lastname@example.org;
- Phone: +442038077593