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ONLINE COURSE SALE AGREEMENT 

 

CONTRACTED PARTIES: CEPU – Centro de Estudos Pre-Universitário Ltda. , a legal entity governed by private law, registered with the Employer Identification Number under nº 82.530.239/0001-38, headquartered in Florianópolis, SC, at Praça XV de Novembro, 321 Ed. Otília Eliza – 2nd floor, Center, hereinafter referred to as CEPU .

 

CONTRACTING PARTY – STUDENT: qualified in the CONTRACTOR’s registration form and database by its login and password, which in this act declares itself in full civil capacity to contract CEPU – Centro de Estudos Pré-Universitário Ltda . The parties identified above establish the following Clauses and Conditions:

 

  1. PURPOSE

 

1.1 The CONTRACTOR will provide the CONTRACTING PARTY – STUDENT, according to the duration of the online course and values established in the contract, the content of the course in which the CONTRACTING PARTY has enrolled, in the distance modality, through video classes and teaching materials made available via the Internet , according to the notices and calendars defined by the CONTRACTOR.

 

1.2 Documentation assistance for student migration will only be carried out after the STUDENT has passed the contracted Portuguese course and the CELPE-BRAS exam and after having made the additional payment of U$500.00 (five hundred dollars) to the CONTRACTOR, through a payment link that will be provided by the CONTRACTOR.

 

  1. CONTRACTING PARTY’S ACCESS TO THE COURSE

2.1 Access to the online course is done through the internet, using the CEPU virtual environment on a specific platform hosted on the CONTRACTOR’s servers;

2.2 The CONTRACTING PARTY submits to the rules of this contract and also to the curriculum matrix and to the availability calendar of the contracted course, as well as to all obligations arising from the legislation applicable to the teaching area in preparation for competitions;

2.3 The CONTRACTING PARTY is acquiring courses formatted in video lessons, texts and mini-tests that may have a maximum duration of between 10 and 40 minutes, depending on the content.

2.4 The CONTRACTING PARTY may access each of the classes of the modules of the course purchased unlimited times and unlimited access to the material in PDF, during the term of the course.

2.5 The course will be available to the CONTRACTING PARTY for a period of 1 (one) year, counting from the date of confirmation of payment.

2.6 In the case of lifetime courses, the course will be available until the deadline for the contest related to the respective course.

2.7 The term of validity of the complete course or isolated modules is counted from the date of release. This period is available in the course description.

2.8 The CONTRACTOR reserves the right to make the video classes and didactic material available progressively during the period of validity of the course.

2.9 The CONTRACTOR does not, under any circumstances, allow the temporary suspension of the period of validity of the acquired course.

 

  1. REGISTRATION ON THE CEPU PORTAL

3.1 Once the CONTRACTOR has registered, he will be responsible for the unique password, being possible to change it as many times as he wishes, through his personal page on the CONTRACTED PARTY’s portal.

3.2 Correctly use your login (e-mail) and password, which are personal and non-transferable. 3.3 Keep your registration data updated with the CONTRACTOR.

3.4 The CONTRACTING PARTY grants the CONTRACTED PARTY authorization to use the information provided by the CONTRACTING PARTY in the online registration, exclusively for the achievement of the object of this instrument or for the dissemination of the CONTRACTED PARTY’s products and promotions.

 

  1. CONTRACTOR’S RESPONSIBILITIES

4.1 The CONTRACTOR disclaims any liability for legal damages that may eventually cause the CONTRACTING PARTY for technical connection problems or system failure of the CONTRACTING PARTY itself.

4.2 The CONTRACTOR is not responsible for hardware or software problems in the CONTRACTING PARTY’s equipment, and is not obliged to provide any consultation or technical support in this regard.

4.3 The CONTRACTOR is not responsible for the occurrence of any damages and/or losses caused by the interruption of the services, object of this instrument, due to acts of God or force majeure.

4.4 The CONTRACTOR reserves the right to make scheduled interruptions or suspensions of a technical and/or operational nature or even stops for maintenance in online services, whether emergency or not, or even preventive or scheduled interruptions and eventual replacement of equipment, cases in which there will be, whenever possible, prior information to the CONTRACTING PARTY in the student’s space.

4.5 The CONTRACTOR will make available the didactic material and the video classes, object of this contract, in a timely manner for the CONTRACTING PARTY’s study, except in the case of unforeseeable circumstances or force majeure.

4.6 The CONTRACTOR will provide all support via telephone or email during business hours from Monday to Friday to the CONTRACTING PARTY, for the maximum period stipulated in the description of the course purchased, from the date of confirmation of payment.

4.7 The CONTRACTOR has the duty to strictly ensure the secrecy inherent to the telecommunications services and the confidentiality of the CONTRACTING PARTY’s information bank, using all the necessary means and technology to ensure this right to the CONTRACTING PARTY, observing the ethical and moral standards in force on the Internet. and all legislation applicable to the species.

 

  1. CONTRACTOR’S RESPONSIBILITIES

5.1 The CONTRACTING PARTY will be civilly and criminally liable for the inappropriate use of the system, for any interference in its operation that may impair the functionality of the CONTRACTED PARTY’s website and/or for any infringement of the CONTRACTED PARTY’s copyright and property in relation to the material provided, object of this contract.

5.2 The identification of the CONTRACTING PARTY involved in acts that impair the proper functioning of the CONTRACTED PARTY’s portal or the material provided will result in the exclusion of the CONTRACTOR’s registration, automatic termination of this Instrument and non-reimbursement of the amounts paid for the course, in addition to the communication of the fact to the authorities authorities, if any.

5.3 The CONTRACTING PARTY is responsible for providing, at its own expense, access to the world wide web (Internet) within the minimum specifications required by the CONTRACTED PARTY.

5.4 The CONTRACTING PARTY is aware that before purchasing the online course, it has carried out all the tests with its connection, using the CONTRACTED PARTY’s own website.

5.5 The CONTRACTING PARTY is strictly prohibited from copying, assigning, transferring or making available the material provided by the CONTRACTOR to third parties, under penalty of immediate contractual termination, with the blocking of access, regardless of notification or communication to the CONTRACTING PARTY, without prejudice to the eventual determination of civil liability and criminal penalty for what happened, also subject to a non-compensatory, irreducible criminal fine in the amount equivalent to ten (10) times the value of the course purchased, in addition to the loss of what has already been paid and the losses and damages to be determined.

5.6 The CONTRACTING PARTY is already aware of all the contents covered in the online course acquired at the time of acquisition. All information is contained on the course description page.

5.7 The CONTRACTING PARTY, under no circumstances, may exchange an online course purchased for another.

 

  1. PAYMENT

6.1 By contracting the object of this contract, the CONTRACTING PARTY undertakes to pay the stipulated amount through the PayPal or Stripe system, or by any other form of payment that the CONTRACTED PARTY offers. Payment methods will be presented at the time of purchase of the online course, object of this contract.

6.2 The information presented by the CONTRACTING PARTY in the billing forms is entirely its responsibility.

6.3 Payments will be debited to the company OpenClub Administradora e Corretagem de Seguros LTDA, registered with  Employer Identification Number: 00.668.078/0001-89, which, in turn, will make the transfers already defined in the contract with the CONTRACTOR.

 

  1. CANCELLATION AND WITHDRAWAL

7.1. After acquiring the object of this contract, in case of withdrawal by the CONTRACTING PARTY, the amount proportional to the content accessed will be discounted, whether referring to didactic material or video classes, as well as a termination fine of 20% of the total paid.

7.2 In the case of courses or events without a certain number of meetings, a partial refund will be made for the time that remains of access and the amount of 20% will also be deducted from the total paid.

7.3 If the CONTRACTING PARTY wishes, the balance to be refunded may be converted into credit for future purchases of online courses. Once the procedure is done, there will be no possibility of canceling the course acquired through this balance.

7.4 In case of withdrawal from the course or event purchased, it will be necessary to formalize an exclusive message to cancel the order through the CONTRACTOR’s Contact Us. 7.5 In the event of withdrawal, provided that more than 40% of the duration of the course has elapsed, the CONTRACTING PARTY may cancel the course, but will not be entitled to a refund proportional to the amount paid.

7.6 If the course lasts for 180 (one hundred and eighty) days or less, the CONTRACTING PARTY may request a withdrawal, but there will be no refund of the amounts paid.

7.7 If the CONTRACTING PARTY has already downloaded the course material available for the purchased course, he/she may request a withdrawal, but there will be no refund of the amounts paid.

 

  1. OTHER PROVISIONS

8.1 Neither Party may be held liable for failures or delays in the provision of video classes or teaching material that arise from circumstances beyond its control and that directly interfere with the full achievement of this Contract (“Force Majeure or Act of God”). In the event of problems with the supply object of this contract for the reasons set out above, either party must clarify the detailed circumstances of the occurrence.

8.2 This Instrument is entered into on an irrevocable and irreversible basis, binding the Parties, by themselves and by their heirs and successors, applying, where applicable, the consumer protection legislation.

8.3 This Instrument obliges its signatories, producing effects in relation to them and their heirs and successors in any capacity, being certain, however, that none of the Parties may dispose of any of their rights or transfer any of their obligations arising from this Instrument without the prior written consent of the other Party.

8.4 The ineffectiveness or nullity of any provision of this Instrument shall not imply nullity or ineffectiveness of what is valid in this contract. Anything that generates any divergence between the parties will be negotiated in good faith with a solution that allows achieving the objectives of the forecast annulled or considered ineffective.

8.5 The CONTRACTOR reserves the right to make any changes to this contract without prior notice from the CONTRACTING PARTY.

8.6 The CONTRACTOR reserves the right to make any changes to the content covered in the video classes or teaching material, to preserve the good quality of the material provided.

8.7 Any changes to the material object of this contract will not imply free updates by the CONTRACTOR.

8.8 Eventually, teachers may be replaced, always due to a fortuitous event or force majeure, with the aim of always providing the best service to the CONTRACTING PARTY.

8.9 Any updates to the video classes or teaching material may lead to changes in values, with no reimbursement for either party.

8.10 The complete package mode course may be updated due to the opening of the public notice through exclusive pedagogical analysis by the CONTRACTOR.

8.11 If the CONTRACTING PARTY purchases an isolated module, it will not be updated.

8.12 The clauses presented in this contract will be accepted from the moment the CONTRACTING PARTY completes his registration.

 

  1. JURISDICTION The Parties elect the jurisdiction of the Judicial District of Florianópolis, State of Santa Catarina, Brazil, renouncing any other type of jurisdiction, to settle disputes that may arise.