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Contract for the provision of educational services
What is an educational services contract?
Formalizing legal relations in the field of education is an important prerequisite for avoiding abuse of the legal rights and interests of their participants. Especially considering the emergence of an increasing number of educational services in the format of courses on various topics.
An educational services contract (hereinafter referred to as the ESC) is a type of service agreement regulated by the Civil Code of Ukraine. Thus, such an agreement is an agreement between its counterparties, under which one party undertakes to provide the relevant service for a fee determined in advance on the instructions of the other. We can highlight its main features:
- firstly, the objective side of the agreement must be performed personally by the Contractor, and in the case of involving third parties, the Customer must remain responsible for the process of obtaining the service;
- secondly, the payment is paid by the Customer in full even if the service was not provided through his fault, due to force majeure circumstances of the Contractor;
- thirdly, a free ESC is concluded under certain conditions, however, it does not exclude the obligation to reimburse the Contractor's actual expenses (use of materials, objects for training, payment for access to platforms, etc.);
- Finally, the ESC may provide for the Contractor's obligation to compensate the Customer for losses due to non-fulfillment or improper fulfillment of the agreements. Their size is determined depending on the agreement of the parties and must comply with the established limits in accordance with current national legislation.
Such an agreement must be concluded in writing and certified by the parties' personal signatures. Or, as required by the legislation on electronic trust services, by signing a digital copy with an electronic digital signature (equal to a physical one).
Who are the parties to the contract for the provision of educational services?
The first party to the agreements on educational services is the Customer. It must be exclusively an individual (student, pupil, listener, participant, etc.).
The second party is necessarily the Contractor, who will directly provide educational services. This can be both an individual (self-employed) and a legal entity (bulk institution, institution, organization). In some cases, the Contractor's ability to provide professional educational services will be confirmed by obtaining a license.
Types of contracts for the provision of educational services
Currently, there are resolutions of the Cabinet of Ministers of Ukraine approving the form of Standard contracts for the provision of educational services. Depending on this, such agreements can be divided into (officially):
- contracts with universities;
- contracts with a professional pre-higher education institution;
- contracts for the provision of paid educational services for the training of specialists.
However, it is usually possible to classify contracts differently, taking into account the number of forms in which training can take place and the corresponding educational service can be provided. Therefore, the agreement can be on a paid/free basis. An example of the first is an agreement on studying at a university by a contract student, the second is the same form of agreement, only for a student on a budget form of study. In addition, it is still necessary to separately distinguish contracts concluded with an individual entrepreneur (a specialist in a certain field who teaches a course of study) or an enterprise, since they differ significantly in content and consequences for the parties in the event of a breach of obligations.
Development of an agreement for the provision of educational services: legal support
Proper creation of a correct draft of an ESC requires an understanding of the legislative requirements for the content of such agreements; the legal subtleties of drafting the content of individual agreements; the importance of including in the content of the document certain clauses and obligations (in particular, those relating to the liability of the parties, the possibility of terminating the agreement, force majeure circumstances, etc.).
The lawyer of “Prikhodko & Partners” has the necessary experience in this area and will help interested clients:
- obtain a legal analysis of an already drawn up agreement to identify clauses that may create restrictions on the rights and interests of the Customer in comparison with the rights and interests of the Contractor, and eliminate them in a new version of the agreement (for example, for an agreement with an individual entrepreneur);
- receive high-quality legal advice on an agreement with a university and an institution of professional pre-higher education to understand what legal consequences it generates;
- to receive high-quality development of a draft agreement for favorable terms of cooperation between the Customer and the Contractor, respectively.
Conclusions. An agreement on the provision of educational services is a type of agreement that provides for an agreement between the Contractor (educational institution, tutor, etc.) and the Customer (student, trainee, pupil). There are different types of this agreement - with a higher education institution, a professional pre-higher education institution, for paid educational services for training specialists, with individual entrepreneurs for completing training courses. The lawyers of “Prikhodko and Partners” can provide a range of high-quality legal services for working with this type of agreement, which will include analysis of the content of the agreement, consultations on its consequences, development of an individual draft agreement at the client’s request.
Using high-quality legal support from the “Prikhodko & Partners” team when drafting an agreement on the provision of educational services will help avoid problems and protect the interests of the parties. To receive a consultation, fill out the form below.
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