According to recent changes in the current legislation that regulates the education process, it can be free or carried out at the expense of the applicant. Therefore, a significant number of citizens study on a paid basis. The basis of such legal relations is an agreement on the provision of paid educational services, which will be discussed below.
Before considering the concept of the contract for the provision of paid services itself, you need to have an idea of the regulations that govern it.
First of all, this is the Constitution of the Russian Federation, which guarantees every individual the right to receive education in the prescribed manner. At the same time, it also spells out rules prohibiting the refusal to grant such a right.
Next is the Education Law, which sets out the rules defining the concept of education, forms of training, as well as mandatory certification of educational institutions. In addition, it contains the basic rights and obligations of legal entities and individual entrepreneurs who provide education, tutoring services, as well as students.
To implement this regulatory act, several Decrees of the Government and the Ministry of Education have been issued, which regulate in detail the procedure for obtaining such services, and also establish standard agreements, which include an agreement for the provision of paid services.
You can read how to correctly draw up a contract for the provision of paid services with an individual
This also includes the Consumer Rights Protection Act. It regulates the fundamental rights of persons who use the services of educational institutions, as well as the responsibilities of those who provide education.
Based on the above regulations, the concept of an agreement on the provision of paid educational services is formed.
It means an agreement between several persons (performer and customer), according to which one party (for example, a legal entity or individual entrepreneur) undertakes the obligation to train a citizen in a specific educational program, with the issuance of a corresponding document (confirming receipt of a specialty).
The second party (an individual) acts as a customer and undertakes to pay for educational services and study in good faith.
That is, in fact, such an agreement is the provision of educational services, with documents confirming this fact.
Form of agreement on training for additional programs. Following these points, the agreement for the provision of paid services will comply with all standards, and the parties to it will be legally protected.
Samples and form of agreement
Based on the above, we can come to the conclusion that the form of such agreements is written. When compiling them, you must be guided by the rules for the provision of paid services.
Based on legal practice, we can say with confidence that each educational institution has a sample of its contract, which is approved by the Ministry of Education, and only personal data and training programs are changed in it.
You can find such agreements on the websites of educational institutions, or obtain a sample at the written request of a future applicant.
It is important to remember that if the contract does not comply with the standard form, then according to the current legislation it is invalid, that is, the parties do not bear any obligations to each other.
An agreement on the provision of paid educational services provides for a written agreement between the customer (applicant) and the contractor (educational institution). It indicates the subject, that is, the training program, the price (cost of training), the rights and obligations of the parties, as well as the period for which it is concluded.
You can find out what pitfalls an educational services agreement has in this video:
Approved by Order No. OO-17/21 dated November 3, 2017.
STANDARD AGREEMENT
on the provision of paid educational services
"___"___________ 20___ St. Petersburg No. _____________
Autonomous non-profit private organization of higher professional education "St. Petersburg Institute of Jewish Studies", operating on the basis of the Charter and license for the right to conduct educational activities, issued by the Federal Service for Supervision of Education and Science of the Russian Federation, series 90L01 No. 0008165, registration No. 1185 dated December 5, 2014 g., validity period - indefinitely, certificate of entry into the Unified State Register of Legal Entities dated January 29, 2003 under the main state registration No. 1037811018882, hereinafter referred to as the Institute, represented by the rector Dmitry Arkadyevich Elyashevich, acting on the basis of the Charter, with one sides, and __________________________________ (Full name Customer), hereinafter referred to as"Customer", on the other hand, and_____________________________________________ (Full name student), _________ (year of birth), ___________________ (citizenship), hereinafter referred to as"Student", have entered into this Agreement as follows:
1. SUBJECT OF THE AGREEMENT.
The Institute provides educational services, and the Customer pays for the Student’s education basic professional educational program of higher education (bachelor's program), direction of training _ (code, name) ______________________, profile __ (Name) _________________________________ on _ (Name) _____ faculty with assignment of qualification "bachelor". Form of study_ (full-time, part-time) ______. The standard period of study for this basic professional educational program of higher education (bachelor's program) in accordance with the Federal State Educational Standard of Higher Education at the time of drawing up this Agreement is _______ years. The duration of training under this Agreement is also ______ years. After the Student has completed the educational program and successfully passed the final certification, the Student is issued document on education and qualifications established by the Institute - bachelor's degree(Part 3, subparagraph 2 of Part 7 of Article 60 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”). A student who has not passed the final certification or received unsatisfactory results at the final certification, as well as a Student who has mastered part of the educational program and (or) was expelled from the Institute, is issued certificate of study or period of study according to a model independently established by the Institute (Part 12 of Article 60 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”).
2. RIGHTS AND OBLIGATIONS OF THE PARTIES.
2.1. The Institute has the right to independently carry out the educational process, establish grading systems, forms, procedures and frequency of intermediate certification of the Student, apply incentive measures to him and impose penalties within the limits provided for by the Charter and local regulations of the Institute.
2.2. The Customer has the right to receive information from the Institute on issues of organizing and ensuring proper execution of the services provided for in Section 1 of this Agreement.
2.3. The student is granted academic rights in accordance with Part 1 of Article 34 No. 273-FZ “On Education in the Russian Federation”.
2.4. The student also has the right:
- receive information about the assessment of your knowledge, skills and abilities, as well as the criteria for this assessment;
- use, in the manner prescribed by local regulations of the Institute, the property of the Institute necessary for mastering the educational program;
- accept, in the manner prescribed by local regulations of the Institute, participation in socio-cultural, recreational and other events organized by the Institute
- use additional educational services provided by the Institute and not included in the curriculum, on the basis of separately concluded agreements;
2.5. The Institute is obliged:
- enroll a citizen as a Student in a place with payment of tuition fees, subject to the passing score established for this category in accordance with the Admission Rules;
- organize and ensure proper provision of educational services provided for in Section 1 of this Agreement;
- bring to the attention of the Customer, Student by posting on the official website of the Institute on the Internet information about the procedure for paying fees for educational services, information containing information about the procedure for providing educational services in the manner and volume that are provided for by the Federal Law “On Education in the Russian Federation”, Federal Law “On the protection of consumer rights”;
- accept payment for educational services from the Student and (or) the Customer;
- provide the Student with respect for human dignity, protection from all forms of physical and mental violence, personal insult, protection of life and health.
2.6. The Customer is obliged to promptly pay fees for the educational services provided, specified in Section 1 of this Agreement, in the amount and manner specified in this Agreement, as well as timely provide payment documents confirming such payment.
3. COST, TIME AND PAYMENT PROCEDURE.
3.1. The full cost of educational services for the entire period of study of the Student is ________________________(___________________________________________) rub. Educational services are not subject to VAT in accordance with paragraphs. 14 paragraph 2 art. 149 of the Tax Code of the Russian Federation.
3.2. An increase in the cost of educational services after the conclusion of this Agreement is not allowed, with the exception of an increase in the cost of these services taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period. Indexation is carried out by decision of the Academic Council of the Institute.
3.3. The Institute informs the Student about the cost of education for the next academic year no later than May 15 of the current academic year, posting information on the official website of the Institute on the Internet, as well as on the notice board of the Educational Department.
3.4. At the expense of sponsorship funds received by the Institute, the student is given a discount that covers part of the cost of his education. Taking into account the discount provided, the total cost of training for the educational program ______ in the year of admission is ___________ (_________________________________) rubles. and is not subject to increase during the term of this Agreement, with the exception of an increase in the cost of these services taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period. Changes in tuition fees due to inflation are carried out in accordance with clause 3.2 of this Agreement.
3.5. Payment procedure and terms: The Customer pays the cost of services provided for in this Agreement in a lump sum per semester. Payment deadlines: autumn semester - until September 05, spring semester - until February 05. In exceptional cases, the Customer may, in agreement with the administration of the Institute, make payment at other times, but no later than within one month.
3.6. Funds are contributed by the Customer by transfer to the Institute's bank account; payment obligations are considered fulfilled upon actual receipt of funds to the Institute's bank account. Payment of the cost is confirmed by providing a copy of the payment document to the Academic Department. In case of delay in payment exceeding 10 days from the date specified in clause 3.7. The Institute has the right to suspend the provision of services under this Agreement and unilaterally refuse to fulfill this Agreement, which entails the Student’s expulsion and termination of the Agreement.
4. GROUNDS FOR CHANGE AND TERMINATION OF THE AGREEMENT.
4.1. The conditions under which this Agreement is concluded may be changed by agreement of the parties or in accordance with the legislation of the Russian Federation.
4.2. This Agreement may be terminated by agreement of the parties.
4.3. This Agreement is terminated early at the initiative of the Student or the Customer, including in the event of the Student being transferred to continue studying the educational program at another university.
4.4. This Agreement is terminated early at the initiative of the Institute:
- in case of delay in payment of tuition fees in accordance with clause 3.6 of this Agreement;
- in the event of expulsion being applied to the Student as a disciplinary measure, in the event of the Student’s failure to fulfill his obligations to conscientiously master the educational program and implement the curriculum
- in the event of a violation of the procedure for admission to the Institute, which, through the fault of the Student, resulted in his illegal enrollment in the Institute.
4.5. In the event of expulsion of the Student or termination of the Agreement at the initiative of the Customer, the Institute returns the deposited funds in the following amount: before the start of classes in a given semester - 100%, during the first two weeks - 50%. Refunds are made within 1 month from the date of termination of the Agreement upon written application by the Customer. If a Student misses classes, payment will not be recalculated.
4.6. Payment of tuition fees after the Student is granted academic leave is made in accordance with the amount of payment established for the course in which the Student will study.
4.7. If the Student receives unsatisfactory grades during the final certification, or fails to submit the final qualifying work for defense within the prescribed period, an additional agreement is concluded between the Institute and the Customer for a period of one semester with payment of the cost of the semester in order to enable the Student to complete the requirements of the educational program.
5. RESPONSIBILITY OF THE PARTIES.
5.1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the Parties bear responsibility under the legislation of the Russian Federation and this Agreement.
5.2. If a deficiency in the educational service is detected, including its provision not in full, provided for by the educational programs (part of the educational program), the Customer has the right, at his choice, to demand:
- free provision of educational services;
- proportionate reduction in the cost of the educational service provided;
- reimbursement of expenses incurred by him to eliminate the shortcomings of the educational service provided on his own or by third parties.
5.3. The Customer has the right to refuse to fulfill the Agreement and demand full compensation for losses if, within the period established by the parties in the additional agreement, the shortcomings of the educational service are not eliminated by the Institute. The Customer also has the right to refuse to fulfill the Agreement if he discovers a significant deficiency in the educational service provided or other significant deviations from the terms of this Agreement.
5.4. If the Institute violated the deadlines for the provision of educational services (the start and (or) completion dates for the provision of educational services and (or) intermediate deadlines for the provision of educational services) or if during the provision of the educational service it became obvious that it would not be provided on time, the Customer has the right to use the funds legal protection provided for by relevant regulations.
5.5. The parties undertake to resolve all controversial issues through negotiations. If the negotiations do not lead to an agreement, these issues must be resolved in court in compliance with the requirements of jurisdiction and jurisdiction established in the Code of Civil Procedure of the Russian Federation.
6. OTHER CONDITIONS.
6.1. This Agreement comes into force from the moment it is signed by the parties and is valid until “____” ________ 20___. In case of expulsion of the Student on the grounds provided for by the current legislation of the Russian Federation, the Charter of the Institute and this Agreement, the Agreement is terminated from the date of issuance of the order of expulsion.
6.2. If the Customer fails to pay the tuition fee for 1 semester of the ______________ academic year as established in clause 3.5. term of this Agreement The Agreement is considered not concluded.
6.3. This Agreement is drawn up in three copies, having equal legal force, for each of the parties. Changes and additions to this Agreement can only be made in writing in the form of an additional agreement and signed by both parties.
6.4. The Student and the Customer give their consent to the collection, systematization, and destruction of their personal data related to the conclusion and execution of this Agreement for the purpose of carrying out the educational activities of the Institute without limitation of validity.
7. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES.
|
"INSTITUTE" |
"CUSTOMER" |
"STUDENT" |
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ANO VPO "Petersburg Institute of Jewish Studies" |
_____________________________ |
______________________________ |
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191036, St. Petersburg, 1st Sovetskaya st., 10, letter K. |
Address: ______________________ |
Form of an agreement on the provision of paid educational services concluded with a legal entity AGREEMENT No. on the provision of paid educational services Moscow "___"_________20__ Autonomous non-profit organization of additional professional education "REDNOR", hereinafter referred to as the "Executor", represented by director V.I. Korolkov. acting on the basis of the Charter and license dated August 12, 2014. No. 035355 for the right to conduct educational activities, on the one hand, and ________, (name of the Customer) hereinafter referred to as the “Customer”, represented by _____________________ acting on the basis of the Charter, on the other hand, and together referred to as the “Parties”, have concluded this agreement on the provision of paid educational services (hereinafter referred to as the Agreement) on the following: 1. SUBJECT OF THE AGREEMENT 1.1. The Contractor provides paid educational services to the Customer’s representative (hereinafter referred to as the Student): __________ under the educational program for advanced training (professional retraining) ________ (Program name) 1.2. The Customer pays for educational services provided by the Contractor in accordance with the price, procedure and terms specified in Section 3 of this Agreement. 1.3. The training period is from “____”_________ to “_____”____________20____. 2. LEGAL BASIS OF THE AGREEMENT. 2.1. The legal basis for regulating relations between the Parties that arose by virtue of the conclusion of the Agreement is: the Civil Code of the Russian Federation, the Federal Law of the Russian Federation “On Education”, Order of the Ministry of Education and Science of the Russian Federation dated July 1, 2013 No. 499n “On approval of the Procedure for organizing and implementation of educational activities in additional professional programs", Order of the Ministry of Health of the Russian Federation dated August 3, 2012 No. 66n "On approval of the Procedure and terms for improving professional knowledge and skills by medical workers and pharmaceutical workers through training in additional professional educational programs in educational and scientific organizations " 3. PRICE, TERMS AND PAYMENT PROCEDURE. 3.1. The total cost of training is ________. The cost of educational services is not subject to VAT. The Contractor applies a simplified taxation system. 3.2. The Customer transfers the cost of training specified in clause 3.1 to the Contractor’s bank account. within 5 days from the date of signing the Agreement. 3.3. Completion of training is formalized by an act of provision of services, indicating full fulfillment of obligations by the parties. 4. RIGHTS AND OBLIGATIONS OF THE PARTIES. 4.1. The Contractor assumes the following obligations: 4.1.1. Enroll the Student as a student for training on a paid basis. 4.1.2. Provide the Student with paid educational services in accordance with clause 1.1 of the Agreement. The scope of educational services provided by the Contractor and the duration of training are determined by the curriculum and educational program. 4.1.3. Conduct classes with the Student individually (as part of a study group) in accordance with the class schedule. The form of training is full-time. 4.1.4. Issue to the Student who has successfully completed the training the current control tests and passed the final tests specified in clause 1.1 of the educational program, documents of the established form. 4.1.5. Upon completion of training, issue the Customer with a Service Provision Certificate. 4.2. The Customer assumes the following obligations: 4.2.1. When drawing up an agreement, provide the Contractor with documents confirming that the Student has the appropriate special education (copies of documents are attached to the agreement). 4.2.2. Pay for the services provided by the Contractor in accordance with the price, terms and procedure specified in Section 3 of the Agreement. 4.2.3. Inform the Student about the need to comply with the Charter and Internal Regulations of the Contractor during the training. 4.2.4. Upon completion of training, sign a certificate of service provision. 4.2.5. If the Student’s unlawful action causes losses to the Contractor, the Contractor shall be compensated for them in full. 4.3. The performer has the right: 4.3.1. Require the Student to complete tasks provided for in the training program. 4.3.2. Require the Student to comply with internal regulations. 4.3.3. For early termination of the contract for violation of its terms. 4.4. The customer has the right: 4.4.1. For early termination of the Agreement by notifying the Contractor, indicating the reasons for termination. The Agreement is considered terminated from the date the Contractor receives notice of termination of the Agreement. 4.4.2. To return part of the tuition fee corresponding to the volume of paid educational services paid by the Customer, but not provided by the Contractor, taking into account the actual costs incurred by the Contractor in fulfilling its obligations under the Agreement. 5. DURATION OF THE AGREEMENT. 5.1. The Agreement comes into force from the moment it is signed by the Parties. 5.2. The Agreement is considered fully fulfilled and its validity is terminated from the moment the Parties fully fulfill their obligations. 6. PROCEDURE FOR RESOLUTION OF DISPUTES. 6.1. The parties will strive to resolve all disputes and disagreements arising during the execution of this Agreement through negotiations. 6.2. Disputes and disagreements that are not resolved through negotiations are subject to resolution in court. 7. RESPONSIBILITY OF THE PARTIES. 7.1. In case of non-fulfillment or improper fulfillment by the Parties of their obligations under the Agreement, they bear responsibility under the legislation of the Russian Federation. 8. FORCE MAJEURE. 8.1. If force majeure circumstances occur, the execution of the Agreement may be suspended without any sanctions against the affected party for the duration of the force majeure and the elimination of its consequences. 9. ADDITIONAL CONDITIONS. 9.1. The Contractor may provide the Customer with additional paid educational services in addition to the scope of the curriculum, which include the study of individual disciplines not included in the training program specified in clause 1.1. Contracts, repeated studies of disciplines and practical classes and other educational services. Additional conditions are specified in an additional agreement to the Agreement, or an independent agreement can be concluded. 9.2. The Agreement is drawn up in two copies - one for each of the Parties. All copies of the Agreement have equal legal force. The Customer is familiar with the Contractor's Charter, the Contractor's internal regulations, and the license to conduct educational activities. The Customer has no outstanding questions regarding the content of the Agreement. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES Autonomous non-profit organization of additional professional education "REDNOR" Short name: ANO DPO "REDNOR" INN - 7720491524/ 772001001 OGRN - 1147799011018 Legal address: VAO 111401 Moscow, Zeleny Prospekt, 23/43 __________ "___"________ ___ _________________________________________________________ on the basis of (name of organization) license No. _______, issued by _____________________________________________ for the period from "___"________ ___ to "___"________ ___, represented by ____________ ____________________, valid___ on the basis of __________________________, hereinafter referred to as the “Contractor”, on the one hand, and _________________________________, (full name) passport series _____________ number _________ issued by ________________________, residing___ at the address: ___________________________________________________, (hereinafter referred to as the “Customer”), on the other hand, concluded this Agreement as follows:1. SUBJECT OF THE AGREEMENT1.1. The Contractor provides, and the Customer pays for, training ________________ (indicate the level, stage of education, focus of the main ___________________________________________________________________________ and/or additional educational programs, types of educational services, ___________________________________________ form of implementation of the educational program)1.2. The duration of study in accordance with the curriculum (individual schedule) is ________________________________. 1.3. Educational services are provided by the Contractor at the address: ________________________________________________________________. 2. OBLIGATIONS OF THE PARTIES2.1. The Contractor is obliged to: 2.1.1. Enroll the Customer, who has fulfilled the acceptance conditions established by the Contractor’s Charter, in ____________________________________________. (name of organization) 2.1.2. Organize and ensure proper performance of the services provided for in clause 1.1 of this Agreement. Educational services are provided in accordance with _________________________________________________ (state educational standard _______________________________________________________________________________ (specify document details) and/or curriculum, annual calendar ________________________________________________________________________________. educational schedule and class schedule developed by the Contractor) 2.1.3. Create the necessary conditions for the Customer to master the chosen educational program. 2.1.4. After the Customer completes the full training course and successfully completes the final certification, ensure the issuance of _____________________________________ __________________________________________________________________________. (specify a government or other document)2.1.5. Issue to the Customer a document confirming the mastery of certain components of the educational program in the event of his expulsion from the educational organization before he completes his studies. 2.1.7. Notify the Customer about the inappropriateness of providing him with educational services in the amount provided for in clause 1.2 of this Agreement, due to his individual characteristics, which make it impossible or pedagogically inappropriate to provide these services. 2.2. The customer is obliged: 2.2.1. Timely pay the fees for the services provided specified in clause 1.1 of this Agreement. 2.2.2. Attend classes according to the academic schedule. 2.2.3. Notify the Contractor of valid reasons for absence from classes. 2.2.4. Complete assignments to prepare for classes issued by the Contractor’s teaching staff. 2.2.5. Comply with internal regulations, academic discipline and generally accepted standards of behavior. 2.2.6. Compensate for damage caused to the Contractor's property in accordance with the legislation of the Russian Federation. 3. RIGHTS OF THE PARTIES3.1. The Contractor has the right to independently carry out the educational process, choose assessment systems, forms, procedures and frequency of intermediate certification of students, apply incentive measures and impose penalties within the limits provided for by the Contractor's Charter, as well as select and place personnel. 3.2. The Customer has the right to demand from the Contractor: Providing information on issues related to the organization and ensuring proper execution of the services provided for in clause 1.1 of this Agreement, the educational activities of the Contractor and the prospects for its development; Obtaining complete and reliable information about the assessment of your knowledge, skills and abilities, as well as the criteria for this assessment; Use the Contractor’s property necessary for the implementation of the educational process during classes provided for in the schedule; The right to use additional educational services not included in the curriculum, for a fee. 4. CONTRACT PRICE AND PAYMENT PROCEDURE4.1. The price of the Contractor's services provided for in clause 1.1 of this Agreement is _____ (____________) rubles for ______________________. (specify period)4.2. The procedure for settlements under this Agreement: ____________________. 4.3. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full. 4.4. In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred. 5. DURATION OF THE AGREEMENT AND PROCEDURE FOR ITS TERMINATION5.1. This Agreement comes into force from the moment of its signing and is valid until "___"________ ___. 5.2. The Customer has the right to refuse to fulfill this Agreement, subject to payment to the Contractor for the expenses actually incurred by him. 5.3. The Contractor has the right to refuse to fulfill this Agreement, subject to full compensation for losses to the Customer. 6. RESPONSIBILITY AND DISPUTE RESOLUTION PROCEDURE6.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the parties bear responsibility under the current legislation of the Russian Federation. 6.2. All disputes and disagreements that may arise between the parties will be resolved through negotiations. 6.3. If it is impossible to resolve controversial issues during negotiations, the parties submit disputes for resolution in court in accordance with the legislation of the Russian Federation. 7. FINAL PROVISIONS7.1. In all other respects that are not provided for in this Agreement, the parties are guided by the legislation of the Russian Federation. 7.2. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by duly authorized representatives of the parties. 7.3. This Agreement is drawn up in two copies having equal legal force, one copy for each party. 8. DETAILS AND SIGNATURES OF THE PARTIESPerformer: ______________________________________________ ___________________________________________________________ ___________________________________________________________ Customer: _________________________________________________ ___________________________________________________________ ___________________________________________________________ Contractor: Customer: _____________________/________ ____________________/________ M.P. Did you like it?Click the button if you liked the article, this will help us develop the project. Thank you! |