5. RIGHTS AND OBLIGATIONS OF THE PARTIES (UPDATED FOR GEORGIA AND INTERNATIONAL LAW)5.1. Client Obligations
The Client undertakes to:
5.1.1. Pay for the Services in a timely manner according to the selected Plan.
5.1.2. Participate in the Program personally, follow the schedule, and follow Provider’s recommendations.
5.1.3. Review information sent by the Provider via Website or messaging services.
5.1.4. Study all materials and complete assignments within deadlines specified by the Service Provider.
5.1.5. Attend lessons punctually. If a lesson cannot be attended, the Client must notify the Service Provider at least 24 hours in advance. Unnotified absences will be treated as attended for scheduling purposes, but the Client retains the right to request a rescheduling or a proportionate refund in accordance with Section 5.4.6.
5.1.6. If the Client notifies at least 24 hours in advance that they cannot attend a lesson, the lesson may be rescheduled at a mutually agreed time. Lessons cannot be cancelled entirely, but the Client may receive a rescheduled lesson or a proportionate refund if rescheduling is not possible.
5.1.7. Provide accurate personal and contact information.
5.1.8. Ensure access to a suitable device, Internet, headphones, microphone, and required software.
5.1.9. Contact Support for questions; lack of contact does not waive the right to request corrections or refunds.
5.2. Client Prohibitions
The Client shall not:
5.2.1. Reverse engineer or attempt unauthorized access to Website or Materials.
5.2.2. Copy, distribute, or resell Educational Materials for commercial or non-commercial purposes.
5.2.3. Share Materials or Intellectual Property with third parties without written consent.
5.2.4. Use Materials or Program content for profit without written consent.
5.2.5. Disclose confidential information without written consent.
5.3. Client Warranties
5.3.1. Provide true and complete data during registration.
5.3.2. Ensure devices and software meet technical requirements.
5.4. Client Rights
5.4.1. Receive Services according to the selected and paid Plan.
5.4.2. Access information about Service delivery.
5.4.3. Switch from Group to Individual Lessons.
5.4.4. Address scheduling or teacher concerns with Provider.
5.4.5. Unsubscribe from marketing emails.
5.4.6. Terminate the Agreement with prior notice, receiving a refund for unused Services proportionally.
5.5. Service Provider Obligations
5.5.1. Deliver Services in accordance with the selected Plan.
5.5.2. Ensure educational objectives are met, including checking assignments and providing Feedback.
5.5.3. Respond to inquiries regarding organizational or technical issues.
5.5.4. Notify Clients about changes in Programs or schedules.
5.5.5. Consider refund requests within 20 business days.
5.5.6. Notify of lesson cancellations at least 12 hours in advance and reschedule.
5.6. Service Provider Rights
5.6.1. Suspend or refuse Services in case of:
- Late or incomplete payment;
- Submission of inaccurate information;
- Violation of Section 5.2.
- 5.6.2. Modify Program content, Materials, or Platform design.
- 5.6.3. Remove Clients for violations of conduct or IP rules. Refunds will be processed according to 5.4.6.
- 5.6.4. Determine Program methodology, content, and teaching technologies.
- 5.6.5. Schedule additional activities within the Program with prior notice.
- 5.6.6. Request information from Clients necessary for proper delivery of Services.
- 5.6.7. Use anonymized Client results for marketing purposes.
- 5.6.8. Engage third parties to deliver Services with proper oversight.
6. PRICE AND PAYMENT TERMS
6.1. The full price of the Service is published on the Service Provider’s sales platform. The Service Provider may change the price unilaterally at any time. New prices apply only to services not yet paid for at the time of publication. Prices are exempt from VAT under the Service Provider’s patent taxation system.
6.2. Payment Options
The Client may pay for the Service in one of the following ways:
6.2.1. Full payment of the Service price before the start of the Program.
6.2.2. Payment in two installments for 4-month or 12-month Packages, according to the schedule specified by the Service Provider.
6.3. Payment Methods
Payments are made in cashless form:
6.3.1. By bank transfer to the Service Provider or its authorized agent;
6.3.2. By online payment through the Service Provider’s payment platform or authorized agent.
6.4. The payment date is the date when funds are credited to the Service Provider’s account.
6.5. Payments made via bank card should preferably be from a card issued in the Client’s name. Refunds are made to the same account within 14 calendar days upon approval of a written request from the cardholder.
7. REFUND POLICY AND CONDITIONS
7.1. The Client has the right to request a refund for the Service.
7.2. Upon accepting the Offer, the Client acknowledges that the Service fee consists of:
- 50% for access to Educational Materials and platform (Zoom, Voov, etc.);
- 50% for lessons (individual or group).
7.3. If the Client requests contract termination and refund, the refund amount will be calculated **proportionally**:
- Fees for access to platform and materials are refundable for the period not yet provided;
- Fees for lessons are refundable for lessons not yet attended, minus actual costs incurred by the Service Provider (e.g., payment processing fees, bonus materials).
7.4. Upon payment for reserving a service, the Client may start the Program within 3 months. After this period, the reservation expires, and a new agreement must be made at current prices.
7.5. Freezing / Pausing Lessons
- 4-month Packages: up to 2 weeks freeze;
- 12-month Packages: up to 2 months freeze.
Pauses require written notification and mutual agreement.
7. REFUND POLICY AND CONDITIONS
7.1. The Client may request a refund for the Service in accordance with this section.
7.2. Upon accepting the Offer, the Client acknowledges that the Service fee consists of:
- 50% for access to Educational Materials and platform (Zoom, Voov, etc.);
- 50% for lessons (individual or group).
7.3. In case of contract termination and refund request:
- The portion of the fee covering access to Educational Materials and platform (50% of the tariff) is considered non-refundable, as it reflects costs already incurred by the Service Provider.
- Fees paid for lessons not yet attended may be refunded proportionally, minus actual costs incurred by the Service Provider (e.g., payment processing fees, bonus materials, or any services already delivered).
- Any retention of fees exceeding the actual costs is considered reasonable compensation for administrative and operational expenses and is enforceable under Georgian law.
7.4. Refund requests must be submitted in writing to the Service Provider’s email (mingzhuchinese@gmail.com), including bank account details for refund processing. Refunds will be processed within 20 business days after approval.
7.5. If a third party paid for the Service, refunds will be issued to the original payer. The Client and the payer are responsible for coordinating any claims.
7.6. Refunds are not available after all services have been fully delivered or after the Package period ends, even if the Client did not use all lessons or access provided.
7.7. Pausing or freezing lessons:
- 4-month Packages: up to 2 weeks freeze
- 12-month Packages: up to 2 months freeze
- Pauses require written notification and mutual agreement.
7.8. Refund for lack of results: the Client may request a full refund only if:
- All lessons have been attended, all assignments completed, and
- The Client does not achieve the minimum level in the relevant assessment (e.g., HSK <50%).
- This request must be submitted within 31 calendar days from the first lesson.
7.9. Refund requests may be submitted in writing (email or any standard format). The Service Provider may request supporting documentation if necessary.
7.10. Discounts are deducted from refundable amounts in accordance with the discount applied at the time of purchase.
7.11. Refund decisions are made within 14 calendar days. Upon approval, access to Educational Materials is terminated within 1 business day.
7.12. If a third party paid for the Service, refunds are made to the payer’s account, with coordination between the Client and the payer.
7.13. Proportional refunds are available for unused services, even if the Package period ends, except for services fully delivered to the Client.
8. AMENDMENT AND TERMINATION OF THE AGREEMENT
8.1. The Service Provider may propose modifications or supplements to the Agreement by publishing them on its website. If the Client does not accept the changes, the Client may terminate the Agreement without penalty by notifying the Service Provider in writing within 7 calendar days. If no notice is received, the Client is considered to have accepted the new terms.
8.2. The Parties may terminate the Agreement by mutual consent at any time before full performance of obligations.
8.3. If the Client wishes to unilaterally terminate the Agreement, the Client must:
8.3.1. Send a written notice of termination from the Client’s email to the Service Provider at mingzhu.chinese.eng@gmail.com.
8.3.2. Reimburse the Service Provider for actual costs already incurred in providing the Service, in accordance with Section 7.
8.3.3. Pay for the portion of the Service already provided, calculated proportionally based on Section 7.
8.4. The Service Provider may terminate the Agreement if:
8.4.1. The Client materially violates obligations under Sections 5.1, 5.2, or 10;
8.4.2. The Client fails to make timely payments for the Service.
8.5. Termination under clause 8.4 occurs via email notification to the Client. Only the proportion of services already rendered may be retained; any unused portion must be refunded in accordance with Section 7. Termination is effective upon sending the notification.
8.6. Upon early termination, the Client’s access to Services and Educational Materials is immediately revoked, except where otherwise agreed in writing.
8.7. If a refund is due, the Client must provide bank account details used for the original payment. Until proper details are provided, the Service Provider is not obligated to process the refund; no penalties or interest accrue during this period.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. The Client acknowledges that all content, materials, and structure of the Program are protected by copyright and other intellectual property rights, valid worldwide, on all media and technologies, present or future. Participation in the Program does not transfer any intellectual property rights to the Client.
9.2. The Program, in whole or in part, may not be copied, modified, distributed, framed, published, downloaded, transmitted, sold, or used in any form without the Service Provider’s prior written consent.
9.3. Access to intellectual property results is granted solely for personal, non-commercial study and reproduction (e.g., downloading for personal use), unless explicitly permitted otherwise.
9.4. All information provided by the Service Provider, including graphics, multimedia, audiovisual, and textual materials, constitutes the Service Provider’s intellectual property, and all exclusive rights remain with the Service Provider.
9.5. In case of violation of intellectual property rights, the Client may be liable for actual damages, including lost profits, in accordance with applicable law. Fixed fines are not enforceable.
10. PERSONAL DATA AND USE
10.1. By entering into this Agreement, the Client consents to the processing of personal data provided during purchase, in accordance with the Service Provider’s Privacy Policy and Georgian law.
10.2. Data processing includes collection, storage, updating, usage, transfer, anonymization, and deletion, in compliance with Georgian legislation and applicable international standards.
10.3. Personal data are processed to provide the Service, ensure communication and support, provide access to materials and platform, and send informational or marketing messages.
10.4. The Client may withdraw consent at any time by notifying the Service Provider. Withdrawal does not affect processing necessary for services already provided.
10.5. Consent to receive marketing communications may also be withdrawn at any time by notifying the Service Provider.
10.6. Any reviews, feedback, or materials provided by the Client are granted to the Service Provider free of charge, without time or territorial limitation.
10.7. The Client consents to the use of their personal data, social media nickname, and case studies for Service Provider marketing purposes, free of charge.
11. LIABILITY OF THE PARTIES
11.1. Parties are liable in accordance with applicable Georgian law and international standards.
11.2. The Service Provider is not liable for failure to deliver Services due to the Client’s internet, equipment, or software issues, or other reasons attributable to the Client.
11.3. The Service Provider is not liable if the Service does not meet the Client’s subjective expectations.
11.4. The Service Provider is not liable for the Client achieving desired results, as this depends on the Client’s personal qualities and compliance.
11.5. The Service Provider is not liable for actions of banks or payment systems related to payments and refunds.
11.6. If the Client fails to pay for installment-based Services, access is suspended, and paid amounts are retained as actual costs for delivered Services.
12. DISPUTE RESOLUTION
12.1. All disputes are first attempted to be resolved through negotiation. Pre-claim procedures are mandatory.
12.2. The recipient of a claim must respond within 10 calendar days.
12.3. If no agreement is reached, disputes are submitted either to:
- A competent Georgian court (for local Clients), or
- International arbitration (UNCITRAL/ICC) if the Client is outside Georgia.
13. FORCE MAJEURE
13.1. Neither Party shall be liable for failure, delay, or improper performance of any obligation under this Agreement if such failure is caused by circumstances beyond the Party’s reasonable control (“Force Majeure”), including but not limited to fire, flood, earthquake, war, civil unrest, government actions, or public health emergencies that make performance impossible.
13.2. The Party affected by Force Majeure shall notify the other Party as soon as reasonably possible, either via email or by posting on the Service Provider’s website. Notification should include a description of the event and its expected impact on performance.
13.3. The time for performance of obligations under this Agreement shall be extended for the duration of the Force Majeure event and any reasonable recovery period. No penalties or fees shall accrue for delays caused by Force Majeure.
13.4. If a Force Majeure event continues for more than thirty (30) calendar days, the Parties shall discuss measures to continue the Agreement. If no agreement is reached within fourteen (14) calendar days, either Party may terminate the Agreement without liability for non-performance.
14. TERRITORY, TERM, AND APPLICABLE LAW
14.1. This Agreement becomes effective upon the Client’s acceptance of the Offer and remains in effect until the end of the Program purchased and paid for by the Client.
14.2. The Agreement applies worldwide, including online platforms and the Internet.
14.3. This Agreement shall be governed by and construed in accordance with the laws of Georgia, unless otherwise agreed in a separate written agreement.
15. FINAL PROVISIONS
15.1. All materials, content, and information provided to the Client in connection with the Services may not be copied, distributed, reproduced, or shared with third parties in any form without prior written consent from the Service Provider.
15.2. The Parties recognize electronic communications and agree that documents signed using a simple electronic signature are legally valid and equivalent to handwritten signatures under Georgian law.
15.3. Electronic identity verification is performed via email addresses and passwords. Each Party is responsible for keeping account credentials confidential.
15.4. All notices, communications, and documents shall be sent to the contact information provided by each Party.
15.5. Documents considered legally significant may be requested or submitted in paper form to the addresses provided by the Parties.
15.6. Each Party is responsible for maintaining access to communication channels and bears the risk of non-receipt or delay due to technical issues, Internet problems, or filtering of messages.
15.7. The Service Provider may use the website, materials, and Services for advertising, statistical analysis, or other activities deemed necessary to improve the Services.
15.8. Any matters not covered by this Agreement shall be governed by the laws of Georgia.
15.9. Annexes, including Annex 1 (Rules of Conduct), are an integral part of this Agreement.
ANNEX 1 – RULES OF CONDUCT DURING LESSONS AND FEEDBACK
Our lessons are inclusive, safe, and non-judgmental. Clients must not:
- Post advertising links or solicitations, except in the context of non-commercial sharing or experience exchange.
- Share negative, offensive, or inappropriate content.
- Use disrespectful or abusive language.
- Discriminate against participants or third parties on any grounds (race, religion, gender, etc.).
- Post irrelevant, spam, or disruptive messages.
- Violate the rules of the Program or interfere with lessons.
Consequences of Violations
- The Service Provider may terminate access to the Services if a Client breaches these rules.
- Payments already made may be retained as compensation for losses caused by the breach, provided this is communicated clearly before acceptance of the Agreement.
- The Service Provider may establish additional rules of conduct, which the Client is obliged to follow.
SERVICE PROVIDER DETAILS
Firm Name: Individual Entrepreneur Margarita Demkina
Legal Form: Individual Entrepreneur
Identification Number (TIN): 345801322
Registration Number and Date: 12/09/2025
Registering Authority: LEPL National Agency of Public Registry, Georgia
Legal Address: Egnate Ninoshvili Street N2, Floor 26, Apartment N2604, Batumi, Georgia
Email: mingzhu.chinese.eng@gmail.com
Official contact: +995591902612
Customer support: +34662413292