Contractual practice in the educational and consulting industries

Drafting contracts for the provision of educational services

Currently, many organizations provide educational services to citizens. Some of them do it solely for commercial purposes, but most of them aim to provide quality educational services.

The peculiarity of such contracts is

• lack of a clear standard of service in many cases, which leads to misunderstandings between the customer and the provider.
• Significant legal requirements for the organization that provides services in the field of education;
• inability to respond in a timely manner to changes in the market situation due to the ban on changing tuition fees by educational institutions.

The most problematic issue is the price - according to paragraph 5. of Article 60 of the Law of Ukraine "On Education", the amount of payment for the entire period of study, training, retraining, advanced training or for the provision of additional educational services is set by the educational institution in the monetary unit of Ukraine - hryvnia, taking into account the officially determined inflation rate for the previous calendar year.

The amount of the fee for the entire period of education, training, retraining, advanced training or for the provision of additional educational services is set in the agreement concluded between the educational institution and the person to be trained or the legal entity that will pay for education, training, retraining, advanced training or provision of additional educational services, and may not be changed during the entire period of study."

Thus, the provision of educational services is risky due to the impossibility of legally increasing their cost even in circumstances that are economically justified (rising inflation, changes in the national currency exchange rate).

With the adoption of the new Law of Ukraine "On Higher Education", the rules for the provision of educational services have changed only for higher education institutions, which are allowed to increase their fees by the inflation rate for the previous year in accordance with clause 7 of Article 73 of the new Law of Ukraine "On Higher Education".

There are ways to withdraw educational services from the scope of licensing by providing them under the guise of consulting and in other ways.

We recommend that you contact our lawyers in a timely manner before starting to provide educational services. We provide a full range of support for the development of agreements in educational activities.

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