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Home / Library / Legal matters / Federal legislation / Orders and instructions of the RF Ministry for Education and Science / Order of the Ministry of Education of the Russian Federation No. 3177 Of July 28, 2003 /

Order of the Ministry of Education of the Russian Federation No. 3177 Of July 28, 2003



Endorsed
by Order of the Ministry of Education
of the Russian Federation
No. 3177 of July 28, 2003

Model Form
of a Contract for Provision of Educational Services for a Fee in the Area of Vocational Education

__________ 200__       _________________________       No. __________
(date)             (place where concluded)  


_________________________________________________________________________________

(full name of the educational institution offering vocational education in keeping with its Charter)

under licence No. ______________ issued by __________________________
(licensor's name)

for the term from __________ to _____________ and the certificate of state accreditation*(1) issued by
_________________________________________________________________________________
(name of the body that issued the certificate)

for the term from __________ to _____________
as represented by __________________________________________________________________
(position, full name)

who acts under ____________________________________________________________________
(title of document)

registered by ______________________________________________________________________
(name of the registration body, date of registration,
registration number)*(2)

(hereinafter referred to as "Contractor"), on the one hand,

and ___________________________________________________________________________
(full name of the adult concluding the Contract in his/her own name or the ful
name of the parent (legal representative) of the minor person or the name of the organisation, enterprise, including the full name of the person acting on behalf of a juridical person, the documents governing its activity)

(hereinafter referred to as "Contractor")

and ___________________________________________________________________________
(the full name of the minor person)

(hereinafter referred to as "Consumer")*(3), on the other hand, have concluded the present Contract for the following:

1. The Subject Matter of the Contract

The Contractor shall provide, and the Customer shall make payment for the Consumer's undergoing education as follows: _______________________________________________________________
(to be specified: level, degree of education, basic and/or

_________________________________________________________________________________
supplementary curricula, the kinds of educational services, the form of implementation of curriculum)

The scheduled term for completing education under this curriculum in compliance with the state educational standard is ______________________________________________________________

The duration of studies under a working studies timetable (individual timetable) is _________________________________________________________________________________

After the completion by the Consumer of the full course and the passing of the final attestation the following shall be issued thereto:
_________________________________________________________________________________
(document to be specified)

of _______________________________ from, or a document certifying that
        (state or other)
certain components of the curriculum have been mastered, in the event of expulsion of the Consumer from the educational institution before the completion of the studies in full.

2. The Rights of Contractor, Customer, Consumer

 *(4)

2.1. The Contractor shall be entitled to carry out the educational process on its own, to chose the systems of marks, the forms of, procedure for and intervals between interim attestation of the Consumer, to provide incentives and impose sanctions within the limits envisaged by the charter of the Contractor, and also in keeping with the local regulatory acts of the Contractor.

2.2. The customer shall be entitled to demand that the Contractor provide information on organisational and back-up matters relating to proper performance of the services envisaged by Section 1 of the present Contract.

2.3. The Customer shall be entitled to receive information on the Consumer's progress, behaviour, attitude to studies as a whole and to specific curriculum subjects*(5).

2.4. The Consumer shall be entitled to:

    put questions to Contractor's employees concerning studies in the educational institution;

    receive full and reliable information on the evaluation of his/her knowledge, ability and skills, as well as the criteria for such an evaluation;

    use the Contractor's property as may be required for the pursuance of educational process during the studies listed in the timetable;

    use additional educational services provided by the Contractor but not incorporated in the curriculum, under a separate contract concluded;

    take part in social and cultural, sporting and other events organised by the Contractor.

3. Contractor's Duties

*(5)

3.1. To have a Consumer who complies with the admittance terms and conditions established by the charter and other local regulatory acts of the Contractor enrolled in the following institution
_______________________________________________________________________________

(name of the Contractor)

3.2. To organise and ensure appropriate provision of the services specified in Section 1 of the present Contract. The educational services shall be provided in compliance with
________________________________________________________________________________
(state educational standard (to be specified: the details of the document) and/or studies timetable, annual calendar studies timetable and classes timetable as well as other local regulatory acts elaborated by the Contractor)

3.3. To create for the Consumer the necessary conditions conducive to the mastering of the curriculum chosen.

3.4. To display respect to the Consumer as a person, avoiding physical and psychological violence, ensure favourable conditions for enhancing moral, physical and psychological health, emotional wellbeing of the Consumer with due regard to the personal individual features thereof.

3.5. To reserve a place for the Consumer if he/she misses classes for valid reasons (with due regard to payment for services as envisaged in Section 1 of the present Contract).

3.6. To replenish the educational materials studied during the term of the Consumer's absence for valid reasons, within the scope of the services provided under Section 1 of the present Contract.

4. Customer's Duties

*(5)

4.1. To make payment when due for the provided services specified in Section 1 of the present Contract.

4.2. To provide all the necessary documents while the Consumer is enrolling in the educational institution and during his/her studies.

4.3. To notify the Contractor of valid reasons for the Consumer's absence in classes.

4.4. To display respect to the scientific-teaching, engineering-technical, administrative-management, auxiliary educational staff as well as the other staff of the Contractor.

4.5. To compensate, in accordance with Russian law, for damage inflicted by the Consumer to the Contractor's property.

4.6. To ensure the Consumer's attendance of classes in compliance with the education timetable.

5. Consumer's Duties

*(5)

5.1. To attend the classes specified in the education timetable.

5.2. To fulfil the assignments provided by the Contractor's teaching staff in respect of preparation for classes.

5.3. To observe the provisions of the charter of the Contractor, student's handbook and other local regulatory acts, to observe study discipline and the general rules of behaviour, in particular, to show respect to the scientific-teaching, engineering-technical, administrative-management, auxiliary educational staff as well as the other staff of the Contractor, and to other students, to abstain from infringing their honour and dignity.

5.4. To avoid damaging the Contractor's property.

6. Payment for Services

6.1. The Customer shall pay for the services envisaged by the present Contract _____________________________ in the amount of __________________ roubles.
                  (period of payment)

6.2. Payment shall be made at the latest on __________________ in cash, in a non-cash procedure, into the Contractor's bank account (the appropriate words to be underlined)

Payment for the services shall be acknowledged by the Contractor by issuing a ___________________________ to confirm that payment has been made by the Customer *(6).
              (title of document)

6.3. The payment for services specified in the present section may be altered by agreement of the sides, with an addendum to the present Contract being drawn up.

7. Grounds for Amending and Rescinding the Contract

7.1. The terms on which the present Contract is concluded may be modified either by agreement of the sides or in accordance with the applicable legislation of the Russian Federation.

7.2. The present Contract may be rescinded by agreement of the sides.

7.3. The Customer is entitled to refuse to perform under the Contract on the condition that the expenses actually incurred by the Contractor are paid for.

The Consumer is entitled to rescind the present Contract at any time only with a written consent of the Customer on the condition that the expenses actually incurred by the Contractor are paid for by the Customer.

7.4. The Contractor is entitled to refuse to perform his obligations under the Contract only on the condition that the Customer's damages are fully compensated.

8. Liability for Default on or Improper Performance of Obligations under the Present Contract

In the event of the sides' default on or improper performance of obligations under the present Contract they shall be liable under the Civil Code of the Russian Federation, federal laws, the Law of the Russian Federation on Protecting Consumers' Rights and other regulatory legal acts.

9. The Effective Term of the Contract and Other Terms and Conditions

The present Contract enters into force as of the day when it is concluded by the sides and it shall remain effective until _____ 200___.

The Contract is made in triplicate *(7), with each of the copies having the same legal effect.

Contractor      Customer *(8)      Consumer
________________________
(full name)
     ________________________
(full name)
     ________________________
(full name)
________________________
(legal address)
     ________________________
(residential address/
legal address)
     ________________________
(residential address)
________________________
(bank details)
     ________________________
(passport details/
bank details)
     ________________________
(passport details)
________________________
(signature)
     ________________________
(signature)
     ________________________
(signature)

Seal
_____________________________
*(1) Certificate of State Accreditation shall be indicated if the educational institution has passed attestation in compliance with the legislation of the Russian Federation.

*(2) If the Contract is signed by the head of a branch, deputy head of a juridical person or another official of a juridical person an additional indication shall be made of the document governing his/her scope of powers as concerning the conclusion of contracts for the provision of educational services for a fee (an order, executive order, power of attorney), and also the date and registration number of the document.

*(3) If the Customer in respect of educational services is an adult citizen who pays for his/her studies on his/her own, a bilateral contract shall be concluded. Accordingly, Section 1, Items 2.2 and 2.3 of Section 2 of the said contract shall be combined together, Sections 4, 5 shall also be put together. Paragraph 2 shall be deleted from Item 7.3.

*(4) The sides are entitled to add other terms to the present section at their own discretion.

*(5) These details, as a Customer's right, may be included in the text of the Contract if a trilateral contract is concluded.

*(6) A cost-estimate becoming an integral part of the Contract may be drawn up in respect of provision of the educational services specified in the present Contract.

*(7) The Contract is to be drawn up in duplicate if the Customer and Contractor is one and the same person, and also if the Customer is a legal representative of the Contractor.

*(8) If the Customer is the Consumer's parent (legal representative) his/her (the parent's/legal representative's) full name, residential address, passport details shall be specified. If the Customer is an organisation, institution, enterprise, i.e. if a trilateral contract is made, then this organisation's/institution's/enterprise's full name, legal address and bank details shall be specified.


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