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Open University
Avatud Kõrgkool - Estonian Entrepreneurship University of Applied Sciences Suur-Sõjamäe 10a, Tallinn, Estonia eek@eek.ee +372 610 1900

OPEN UNIVERSITY CONTRACT

AS Eesti Ettevõtluskõrgkool Mainor/Estonian Entrepreneurship University of Applied Sciences (hereinafter referred to as EEK Mainor)

and

the person who adds the course(s) to the shopping cart in the e-shop of EEK Mainor Open University (hereinafter referred to as the e-shop), enters his/her details and ticks the box “I have read and agree to the terms and conditions” (hereinafter referred to as the Learner),

hereinafter jointly referred to as the Parties and separately as the Party, have entered into this contract (hereinafter referred to as the Contract) agree as follows:

1. OBJECT OF CONTRACT

1.1. EEK Mainor provides the prerequisites and opportunities (lecturers, curricula, material and technical base, etc.) for the Learner to acquire the knowledge, skills and practical experience within the framework of the Open University and in the volume chosen by the Learner (one or more courses chosen by the Learner online), which, when the conditions of the programme have been met, make it possible to issue the respective certificate.

2. OBLIGATIONS OF PARTIES

2.1. EEK Mainor is required to:
2.1.1. enable the Learner to study the course(s) added to the e-shop shopping cart and paid for by the Learner;
2.1.2. provide access to the Study Information System (hereinafter referred to as the SIS) and other EEK Mainor learning environments for the Learner in the same way as for degree students;
2.1.3. prepare a tuition invoice for the Learner in accordance with the courses selected by the Learner upon the Learner’s request;
2.1.4. issue a certificate of completion and/or attendance to the Learner.

2.2. The Learner is required to:
2.2.1. pay the fee for participation in the course(s) indicated in the e-shop under the relevant course(s);
2.2.2. comply with the requirements of the EEK Mainor Study Regulations and other documents regulating the organisation of studies, which can be found on the EEK Mainor website (www.eek.ee) and/or in the SIS.

3. AMOUNT OF TUITION FEE AND METHOD OF PAYMENT
3.1. The amount of the tuition fee is the sum of the prices of the courses added by the Learner to the shopping cart in the e-shop.
3.2. Non-attendance does not release the Student from the obligation to pay the tuition fee nor constitute grounds to claim a refund of the tuition fee already paid.
3.3. For retakes due to the Learner’s failure or absence without a valid reason, the Learner must pay the tuition fees in accordance with the document “Tuition Fees and Fees for Study Services” approved by the decision of the Council of EEK Mainor.
3.4. In the case of overdue invoices, the Learner will not be permitted to sit examinations and tests until the debt has been paid.
3.5. A payment by the Learner is deemed to have been made only if it has been received in the bank account of EEK Mainor specified in the Contract and the Learner’s name and reference number are stated in the payment details.
3.6. If the Learner fails to pay the tuition fees on time, the Learner undertakes to pay default interest of 7% (seven per cent) per year on the overdue amount until the arrears are paid in full.
3.7. Any and all amounts payable under the Contract shall first cover the invoice for default interest (according to their chronological order starting from the oldest debts), then the overdue payments in accordance with their chronological order starting from the oldest debts. The foregoing order of settlement of debts applies irrespective of the unilateral intention of the Learner and of what has been specified by the Learner on the payment order, unless otherwise agreed by the Parties.

4. AMENDMENT AND TERMINATION OF CONTRACT
4.1. The Learner may withdraw from the Contract within five calendar days of entry into the Contract. If the Learner exercises the right to withdraw from the Contract, the signed withdrawal form must be submitted to EEK Mainor before the expiry of the withdrawal period.
4.2. The other Party must be informed in writing of any change in the details of the Parties within ten days of the change.
4.3. The Contract will expire at the end of the last course added to the shopping cart and paid for by the Learner in the e-shop.

5. OTHER TERMS AND CONDITIONS
5.1. The notices of the Parties to each other in relation to the Contract must be given in a format that can be reproduced in writing, unless such notices are of an informative nature and have no legal consequences to the other Party. Notices of an informative nature may be communicated by EEK Mainor via e-mail, telephone and other official channels.
5.2. A notice is deemed delivered if the notice has been handed over against signature or the notice has been sent by letter to the address specified by the other Party in the Contract and five calendar days have passed from posting the notice.
5.3. Any disputes and disagreements that arise from the performance of this Contract are resolved by way of negotiations. Failing agreement, the disputes are resolved pursuant to the procedure prescribed by the legislation of the Republic of Estonia.
5.4. The content of this Contract is confidential and not subject to disclosure to any third parties without the prior written consent of the Party. This clause does not apply to the recovery of the Learner’s tuition fee debt.
5.5. If any clause of the Contract proves to be fully or partially invalid or unenforceable, the other clauses of the Contract remain valid.
5.6. A Party cannot be held liable for breaching the Contract in the event of force majeure.

6. CONSENT TO PERSONAL DATA PROCESSING
The Learner hereby consents to the processing of his or her personal data under the following conditions:
6.1. The controller of personal data is EEK Mainor.
6.2. EEK Mainor may process (among other things, collect, store and transfer) the following personal data of data the Learner:
6.2.1. name;
6.2.2. contact details.
6.2.3. The data obtained in the course of the performance of the Contract between the Learner and EEK Mainor, including payment default data in connection with the contract between the Learner and EEK Mainor.
6.3. If the Learner’s delay in payment of the payment obligation under the Contract entered into between the Parties exceeds forty-five (45) days, EEK Mainor may transfer the Learner’s personal data to AS Krediidiinfo. AS EEK Mainor has the right to assign to third parties any claim arising from the Contract which has become collectible.
6.4. The Learner has all the rights arising from the Personal Data Protection Act in connection with their personal data.
6.5. In order to ensure a high level of security in the processing of personal data, the Learner must submit all requests concerning the Learner’s personal data to EEK Mainor in writing, signed at the location of EEK Mainor or in the presence of a representative of EEK Mainor.

7. FINAL PROVISIONS
7.1. By signing the Contract, the Parties certify that they have understood the contents of the Contract and that they understand their obligations under the Contract and undertake to perform them in a timely and proper manner.

8. CONTACT DETAILS OF PARTIES

LEARNERAS EESTI ETTEVÕTLUSKÕRGKOOL MAINOR / ESTONIAN ENTREPRENEURSHIP UNIVERSITY OF APPLIED SCIENCES
Data entered in the e-shop when placing an order. Registry code: 10588537
Address: Suur-Sõjamäe 10A, 11415 Tallinn
Bank account(s):
SEB Pank EE271010052028014003, SWIFT EEUHEE2X
Swedbank EE122200221018476201, SWIFT HABAEE2X
LHV EE257700771002340712, BIC/SWIFT: LHVBEE22
Website https://www.eek.ee
E-mail: eek@eek.ee
Telephone: 610 1900 (Tallinn Study Centre)

Call us +372 610 1900
or send us e-mail avatud@eek.ee