Contract for the Provision of Educational Services in the Distance Education Modality

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IDENTIFICATION OF THE PARTIES

CONTRACTOR: Carrier of the data reported at the time of registration and filed in our database, identified by login, email, cpf, cnpj or password, hereinafter STUDENT or CLIENT.

CONTRACTOR: The company whose objective is "Online Music Courses", simply called "UWMUSIC", owner of the UWMUSIC website (https://www.uwmusic.net), the landing pages, websites or hotsites attached, integrated or related to the website, registered with the CNPJ under number 24.833.383 / 0001-47, with administrative headquarters at Avenida Paulista n° 1471,conj 511, Bela vista, São Paulo - SP - CEP 01.311-927

By this instrument, and in the best form of law, the Contractor and the Contractor (collectively simply "Parties" or when separately simply "Party") identified above have just and contracted the execution of this AGREEMENT FOR THE PROVISION OF EDUCATIONAL SERVICES IN THE MODALITY OF DISTANCE EDUCATION, which will be governed by the applicable legal provisions, in particular based on articles 206, paragraphs II and III, and 209 of the Federal Constitution and the provisions of Laws No. 8,078, of 11 of September 1990, No. 9870, of November 23, 1999 and No. 10,046, of January 10, 2002, as well as the following terms and conditions:

 

1. Object

Clause 1 - The object of this Contract is the provision of educational services, in the form of distance education, in accordance with the applicable legislation, with this Contract and with the Internal Regulations of the CONTRACTOR, the Parties committing to comply with it, at all times based on in good faith and contractual balance.

Sole paragraph - With the signing of this contract, the CONTRACTOR and his legal / financial representative agree to submit to the dictates of the legal sources related to the matter, declaring, therefore, that they know the scope of the relationships set forth herein.

 

2 - Information about courses 

Clause 2- Live online, private or group lessons.

-The readjustment of the amounts will always take place in March, the date on which the agreement between teachers and employees takes place, with respect to the inflation rates of the previous academic year. For new students enrolled as of January of each year, they will already use the table for the current academic year. .

Second paragraph: Payments can be made through Boleto Bancário, credit card (payable online in Paypal) or by deposit or bank transfer identified in the accredited banking network. 

 

The duration of the classes is 45 minutes, totaling 04 (four) monthly sessions.

Fourth Paragraph: In case of cancellation of private lessons, the student is entitled to a replacement on the last Saturday of each month, participating in group Music Education lessons or making an additional payment of half the value of the lesson to replace with the teacher of choice. (Also valid if the student wants to take a vacation period)

Fifth paragraph: Canceled classes must be scheduled in advance and can only be done if the student is up to date with the payment and cannot be canceled or transferred, regardless of the reason. Likewise, all classes to be replaced during the school year may only be replaced during the current year.

Sixth Paragraph: The holiday period is established for students: the last two weeks of July, the last two weeks of December and the two first weeks of January,  due to the end of the year holidays, school recess and teaching holidays. 

Seventh paragraph: The UWMUSIC Center can replace the teacher as needed.

Eighth Paragraph: The Theoretical Online courses are available in the user's account on our Online Platform for the duration of each contracted plan. During this time, the student will be able to watch videos of their acquired courses as often as they want.

Ninth Paragraph: - Once the current term of each contracted plan has elapsed, access to the classes and files that accompany the course is blocked, as well as the support provided by the teachers will be suspended, requiring the signing of the contracted plan or renewal in order to obtain a new access to the classes of the course, as well as the support and the files of the course.

Item 1 - During this period of validity of the contracted plan, the student will be able to view and review the classes as many times as they wish, as well as make consultations with the course teachers through the support option available within the teaching platform and issue their digital certificates.

 

Course Format

Clause 3 - UWMUSIC does not sell courses on DVD, only courses in the format of Online Courses and Live Video Conferences. Full access to online courses is available on the student's account within the www.uwmusic.net website  after application approval.

 

4 - Essential course information

Clause 4 - It is the responsibility of the student, before acquiring the courses, to check their available content, as well as the items available in each training, and to check the prerequisites of the courses, being necessary to comply with them, either in the acquisition of other courses or knowledge of systems, tools or software.

 

5 - The software or systems version for each course

Clause 5 - The student must use the software or systems in the same versions taught in the courses, being the student's responsibility to verify the versions of each software / system taught in each course.

First paragraph: teachers, administrators or moderators feel they have the right not to provide support if the student is using a different version of software or system than the one used in the courses.

Second paragraph - The software of each program that is taught in the courses is not made available to the students, and these must be acquired by the students on the websites of the companies that own the software.

 

6 Certification

Clause 6 - UWMUSIC allows issuing a digital certificate of completion in PDF at no additional cost to students. The digital certificate can be issued immediately after the student completes 100% viewing in each course, or after passing tests, assessments, exercises, or final projects, if the course has one. This monitoring can be done through the study progress bar available within the teaching platform.

Sole paragraph - The name inserted in the digital certificate is the same as that of the registration, the student being directly responsible for the correct registration of their name in our system.

Clause 7 - It is the responsibility of the student to constantly update their registration data.

Clause 8 - The workload inserted in the digital certificate can be consulted by the student within each course. The workload is the sum of the video time of each class and study papers.

Sole paragraph - Our courses are classified as free and updating or professional qualification, so they do not require regularization ordinance. However, the courses are valid throughout the Brazilian national territory and may be included in your study plan.

Clause 9: each certificate has a unique and exclusive code. Any institution will be able to verify the authenticity of the certificate through the form field available on our website. The certificate is unique per course, exclusive for each student, individual and non-transferable.

Sole paragraph: in case of unsubscription, reversals or unilateral cancellations with the card operator (chargebacks), the certificate code is automatically invalidated by the system.

 

7. Methods of payment

Clause 10 - When signing, the student must choose the most appropriate payment method. Among them, UWMUSIC provides via credit card where purchases can be paid in installments according to the conditions described on the website, bank slip or bank transfer.

Sole paragraph - The student is responsible for correctly filling in the necessary data at the time of purchase.

 

8 - The type of charge

Clause 11 - If the student chooses to pay in installments on the credit card, the payment of the debt in installments is the responsibility of the student with the card operator.

 

9 . Security

Clause 12 - UWMUSIC has a secure, encrypted site with a secure SSL connection.

First paragraph - UWMUSIC does not store, in any case, sensitive payment data in its databases, these being only stored in payment intermediaries for the processing of automatic renewals.

Second paragraph - It is the responsibility of the CONTRACTOR to keep their computer, devices and networks safe, as well as to have a computer with adequate protection to avoid any security problem during online payments.

 

10 - Installment payment rules

Clause 13 - It is only possible to pay in installments for purchases made with a credit card, and it is not possible to pay in installments by bank slip.

 

11 - Deadlines and approval

Clause 14 - For subscriptions made by credit card, the term will vary according to the terms of the payment intermediaries and the current terms of the credit card operators.

 

12 - Launch of online courses

Clause 15: Online courses are released for access immediately upon approval of payment by the credit card operator or receipt of payment from the bank.

Clause 16 - For credit card payments, the course release is automatic and depends on the approval of the transaction by the operator. Once the subscription is approved by the operator, the order returns the approved status to our system that automatically gives the student access to courses within the study area, regardless of the day (Monday to Friday, weekends or holidays).

Sole paragraph - For payments by bank vouchers, the release of access will depend on the bank clearing.

 

13 - The terms of the operators

Clause 17 - By choosing to pay by credit card, the student is responsible for complying with the contractual clauses in force by the card operator, and UWMUSIC is not responsible for the approval, cancellation or inquiries related to transactions between the student and the credit card operator. Credit or banking institutions.

 

14 - Cancellation of subscriptions

Clause 18 - Subscription or subscription renewal may only be canceled within 7 (SEVEN) calendar days from the date of its approval or renewal, in accordance with article 49 of the CDC (consumer DEFENSE code). Cancellation can be made during this period, through the email: info@uwcenter.com.br

Sole paragraph - The cancellation of the Subscription, either by prior request with UWMUSIC or by unilateral request with the card operator (chargeback), will result in the total interruption of access to the courses and the immediate inactivation of the codes of the Certificates already issued, requiring Download of the canceled value so that the student can regain access to content such as courses, support, certificate and other materials.

Clause 19 - The refund or reversal of amounts must comply with the legal regulations mentioned in Clause 18 of this instrument and must be requested only by the student and / or person responsible for the Subscription. The refund of credit card payments is made by the UWMUSIC team and the refund of the total amount occurs as a refund or refund on the card itself, respecting the rules of each operator and the closing date of each student's invoice. It is important to remember that each operator has different rules for the refund date, and the student is responsible for previously consulting their credit card company. For payments made by deposit, transfer or bank transfer, the refund is made by deposit or transfer in the student's checking account within 5 business days after the request.

Sole paragraph - In accordance with the civil code, the exchange, request for cancellation or return will not be made in bad faith or illicit intention or use for personal benefit, harming the company.

 

15 - Use of online CHAT and service through WhatsApp

Clause 20 - Online chat, whether through a third-party service or chat through WhatsApp, are channels used for administrative questions about the teaching platform. UWMUSIC offers technical support for live online courses via video conferencing platform chat. 

 

16 - From support to doubts

Clause 21 - All technical questions related to the courses that the student is taking on our platform should be sent to WhatsApp +55 11 3280-7023 or through the support area located within each course. The support will be available to the student as long as their subscription related to the chosen plan is Active.

First Paragraph - Questions will be answered by UWMUSIC teachers, administrators or monitors within a period of up to 3 business days, however this period may vary depending on the complexity of the question posted by the student.

Second paragraph - The doubts must be related to the content of the courses. Your post should contain as much detail as possible, such as a full description of the errors, links to websites, shops or blogs so that doubts are effectively clarified.

Item 1 - Answers to questions not related to the course are optional for teachers.

Item 2 - It should be noted that UWMUSIC may not support local system installations through software such as EASY PHP, XAMPP, MAMP, LAMP or any similar software that emulates web servers on a local machine.

Subsection 3 - Support for these conditions mentioned in Subsection 2 of this paragraph will occur if explicitly stated in the course description or if the course addresses it.

Item 4 - UWMUSIC teachers are not authorized to provide advice on the subject related to the course.

Item 5 - It is important that the systems, websites, stores and / or blogs are installed in a virtual environment, that is, in a website hosting. In this way, the support becomes easier, more accessible and more effective.

Third paragraph - The access of one or more students to support any course may be blocked by UWMUSIC for their convenience and at any time without prior notice, regardless of the plan contracted by the student, leaving the student only with access to the courses by study.

 

17 - Privacy policy and online course authoring. 

Clause 22 - Course classes can only be viewed within the teaching platform.

Clause 23 - UWMUSIC does not release and does not allow the Download of classes for each course. The student must study within our Online platform during the period of access to the courses.

Sole paragraph - It is the sole responsibility of the student who bought the course or of any user, not to download the video lessons or disseminate their content, either by charging fees for it or for free, under penalty of infringement of the criminal code, law No. 2,848 of 1940 (penal code) Art. 184.

 

18 - Promotion conditions

Clause 24 - By accepting these terms, students are aware that UWMUSIC can carry out promotions at any time without prior notice, determining discount amounts and percentages for any course, training or subscription plans.

Sole paragraph - The coupons available in promotional actions are not cumulative.

 

19 - Launch of campaigns with promotional combos

Clause 25: Launch campaigns that offer promotional combinations and that are generally advertised on special landing pages cannot be purchased with promotional coupons, as these campaigns already have promotional values.

Sole paragraph - The student must read the rules of each campaign as well as the rules described in the footer of the Newsletters or available on the landing pages.

 

20 - Technical prerequisites

Clause 26 - For the student to have a good performance when watching online courses in videos, it is recommended that they have Internet with a minimum speed of 1 MB, however, it is the student's responsibility to make use of the sample classes available in each course to certify that the videos and audio are uploaded correctly.

 

Subscription Renewal

Clause 28 - Subscription renewal occurs automatically and recurrently at the end of each period of each plan when the student subscribes to a plan with a credit card; for subscriptions made through a ticket, the renewal will occur after the paid ticket has been settled; the ticket will be sent to the subscriber's email before the expiration of their plan.

First Paragraph - If the renewal has occurred automatically, it will be governed by this same agreement in these terms.

Second paragraph - If the student chooses to terminate the contract after automatic renewal, they will be subject to its termination clauses.

Third paragraph - If the student has signed with the promotional value, the renewal will continue to respect the condition of the promotion.

Fourth paragraph: the renewal sheets of your expired plans are sent in advance to the registered email of the subscriber at the time of subscription. It is the responsibility of the subscriber to keep their email up to date and verify the receipt of emails with renewal slips in advance.

Fifth Paragraph - The subscriber may interrupt the automatic renewal of any plan at any time within the educational platform, in the subscription history area, however, if this request is made after 7 calendar days from the renewal date , only subsequent renewal will be stopped. 

Fifth Paragraph - UWMUSIC will send emails to students in advance informing the proximity of the automatic renewal, thus allowing the student to disable this renewal so that there is no charge.

Item 1: It is the student's responsibility to keep our domain configured on their email provider's whitelist so that subscription renewal alert emails are not sent to the spam mailbox.

 

22 - About saved data

Clause 29 - By canceling their subscription, the student will lose all stored data such as study progress, course questions, teachers' answers, as well as lose access to other benefits granted in the chosen plan after the cancellation is made.

First paragraph - In the event of subscription cancellation or non-renewal, the student will lose access to courses that have been disabled from the website during the validity of the canceled or non-renewed plan. When making a new subscription, the student will only have access to the courses enabled on the website at the time of the new subscription.

 

23 - About double payment

Clause 30 - The student must request the refund of the amounts related to the subscriptions or the refund for withdrawal (which must occur within 7 calendar days after the approval of the subscription payment) within the student's platform. The UWMUSIC Courses team reimburses credit card payments and the total amount is returned as credit to the following credit card invoices used at the time of purchase or according to the standard chargeback terms of the card operator.

First paragraph: Each credit card company has its own rule regarding the return date of the refund. It is important that the student previously consult these rules with his operator to know them properly.

For payments made by deposit, transfer or bank transfer, the refund is made by deposit or transfer in the student's checking account within 5 business days after the request.

Third paragraph - The student must send the proof of payment in duplicate through our service channels or by email Iinfo@uwcenter.com.br for the refund to be made.

Item 1 - If the student prefers, the credit for double payment can be used to settle the next charge according to the chosen plan.

 

24 - About the cancellation of the subscription

Clause 31 - The Subscriber can cancel his subscription in its entirety by repentance within 7 calendar days from its approval (According to article 49 of the Consumer Protection Code).

First paragraph - The automatic renewal of the subscription can be canceled / suspended at any time during the term of the subscription, however, it is recommended that the request for this cancellation / suspension of the renewal be made 3 days in advance of the date auto-renew so there is no charge; If cancellation occurs before the end of each plan, the student will continue to have access to the courses for the remaining days related to their plan.

Second paragraph - The request to cancel the automatic renewal must be made by email to info@uwcenter.com.br within 7 calendar days after the renewal date, in accordance with the Consumer Defense Code.

Third paragraph - The cancellation of the subscription, either by prior request with the UWMUSC or by direct request of the card operator (chargeback), will lead to the total interruption of access to the courses and the immediate inactivation of the codes of the certificates already issued and total blocking of the platform.

Fourth paragraph - UWMUSIC may cancel the Student Subscription without refund of payment at any time without prior notice or notification, if it identifies misuse or illegalities that violate the terms of this agreement.

Item 1 - If the student has their subscription canceled, their access to the platform may be blocked and the student will not be able to make new subscriptions.

 

25 - About refund for cancellation

Clause 32 - The request for cancellation / suspension of automatic renewal should preferably be requested before the expiration of the renewal date. To the extent permitted by applicable law, payments may be non-refundable if your request for cancellation / suspension of renewal is made after 7 days from the automatic renewal date. In this case, UWMUSIC will not refund the student or grant credits for partially used subscription periods or for unseen content.

 

26 - Price changes and service plans

Clause 33 - Occasionally, we may change our plans and their values, temporarily or permanently.

Single paragraph - Altering the values will only be used for new subscriptions. Subscribers who already have an active subscription will continue to pay the same amounts without any increase or decrease.

 

27 - Guarantees and exemption from liability

Clause 34 - The subscription service is provided "as is", without guarantees or conditions. Specifically, our service may not be free from interruptions or errors. You waive all claims for special, indirect and consequential damages caused by UWMUSIC.

First paragraph: UWMUSIC is not responsible for the quality of your Internet connection.

Second paragraph: These terms will not limit any non-waivable warranties or consumer protection rights granted to you by the laws of your country of residence.

Fourth paragraph - This agreement can be revoked in full right regardless of any notice, notification or interpellation if UWMUSIC has its bankruptcy or liquidation decreed.

Fifth Paragraph - In case of bankruptcy or liquidation of UWMUSIC, registered students will have their access to the courses and their complete history revoked without prior notice, regardless of the signed plan and without receiving any payment.

Sixth Paragraph –– The student will have access to a certain course revoked if UWMUSIC loses the rights to the training or if any course needs to be eliminated by court order.

Item 1 - Despite the previous paragraph, it is established that UWMUSIC will not reimburse amounts already paid by students if any course is withdrawn from the platform and in this case, the student will not have access to the course, file and support thereof.

 

CONCLUDING PROVISIONS

Clause 35 - This contract is valid for 01 (one) year, being automatically renewable for the same period if the student renews the payment after its termination.

The completion of the registration form will mean, for all purposes, full compliance with the terms and conditions of this Agreement.