British Council (Kazakhstan) LLP publishes this public offer (hereinafter referred to as the "Agreement") for provision IELTS test and rendering additional services, which shall be regarded as a public offer to the persons as provided in the Agreement.
1.1. Terminology related to this Agreement:
Acceptance of the public offer – the Customer's full and unconditional acceptance of this public offer, expressed in the actions of the Customer specified in the Article 3 of this Agreement. Acceptance of the public offer confirms that an Agreement has been concluded between the Test Centre and Customer and that the Customer fully agrees with the all terms and conditions of the Agreement;
Additional services – services rendered by the Test Centre other than IELTS test. The list of Additional services, as well as their cost and terms and conditions of their provision (if applicable) are indicated in the Annex 1 to this Agreement, which is an integral part of this Agreement;
Cost of testing or Additional services – the cost of IELTS test or Additional Services established by this Agreement and indicated in the Annex 1;
Customer – a Test Taker, to whom this offer is addressed, or its parent or legal representative, or a legal entity, or any other person or organization that deals with the Test Centre in accordance with this Agreement;
International English Language Testing System (IELTS test) - the test for assessing and confirming Test Taker's ability to listen, read, write and speak in English in accordance with the terms and conditions established in this Agreement;
IELTS Cancellation policy – rules regulating the IELTS test cancellation and refund procedure published on: https://kazakhstan.britishcouncil.org/exam/ielts/cancellation-refund-policy;
IELTS terms and conditions – rules defining the procedure for registration, conducting IELTS testing and obtaining its results published on: https://ieltsregistration.britishcouncil.org/terms-and-conditions/Global_IELTS;
Reference Number – unique individual IELTS registration number which is generated automatically by the Registration system after registration and is sent to a Test Taker by email;
Registration Email – an email that Customer uses to register for IELTS test;
Registration System – global online system created by Cambridge for registration for IELTS test;
Test Centre – British Council (Kazakhstan) LLP, which is a centre authorized to organize and conduct IELTS test and render Additional Services;
Test Taker – a person who wants to pass the IELTS test;
Test Taker Portal – protected online system that works as a Test Taker personal account for IELTS test that contains all personal information and information about IELTS and Additional services.
2. Subject of the Agreement
2.1. The Test Centre conducts IELTS test for the Test Taker, and also renders the Additional services in accordance with the terms and conditions of this Agreement.
2.3. IELTS test is conducted in accordance with the procedure established in the IELTS test terms and conditions.
2.4. Additional services listed in the Annex 1 are rendered in accordance with the procedures established in this Agreement. The detailed procedures of rendering additional services can be found in the Annex 1 and corresponding links.
3. Acceptance of the public offer and time of conclusion of the Agreement
3.1. Acceptance of the public offer shall be the payment by the Customer of the Cost of testing or Additional services.
3.2. The moment of conclusion of the Agreement between the Test Centre and the Customer (the moment of Acceptance of the public offer) is the moment of receipt of funds that make up the Cost of testing or Additional services to the current account of the Test Centre.
3.3. In the case of online registration for IELTS test, the Test Centre provides the Customer with a confirmation of registration for IELTS test. The specified confirmation, as well as other messages related to online registration, are provided to the Customer by Registration Email and are considered to originate from the Test Centre, if the sender's address ends with @kz.britishcouncil.org or @britishcouncil.org.
3.4. If no seats available for the IELTS test date applied for by the Customer, Test Centre can offer for the Customer a full refund of the Cost of testing or offer another testing date.
3.5. The Test Centre registers the Test Taker for the IELTS test after the Customer makes Acceptance of the public offer and IELTS terms and conditions in the order prescribed by this Agreement.
4. Application for testing and Additional services
4.1. In case of IELTS test the Customer shall provide all necessary details to Registration System and get the Reference Number.
4.2. The documents required for registration for the IELTS test shall be submitted to the Test Centre in electronic form, by uploading them to Registration System during the registration process, or to Test Taker Portal after the registration or to general mailbox email@example.com. List of documents required for the IELTS test taking are indicated in the Test Centre’s website.
4.3. In case of application for Additional services the Customer shall indicate the name of the specific Additional service, as well as other details and specifications of the requested services in the application, which the Customer submits to the Test Centre together with other required documents.
4.4. The application for Additional services shall be submitted to the Test Centre in electronic form, by sending it to the following email address: firstname.lastname@example.org
4.5. The application for Additional services can be submitted through Test Taker Portal.
5. Rights and obligations of the parties
5.1. The Test Centre undertakes to:
5.1.1. Notify the Customer of the date, time and place of the IELTS test no later than 24 (twenty-four) hours prior to the test date (by email).
5.1.2. Conduct IELTS test for the registered Taste Taker within the time limits set forth in this Agreement.
5.1.3. Render Additional services of appropriate quality and in the manner established in this Agreement.
5.1.4. Provide at the preliminary written request of the Customer accounting closing documents stipulated by the Kazakh legislation for the services rendered under the Agreement if the request is submitted not later than 5 (five) working days after the IELTS test date or the date Additional services were duly rendered to the Customer.
5.2. The Test Centre has the right to:
5.2.1. Remove the Taste Taker from the classroom where IELTS testing is conducted in the cases, provided for in the IELTS test terms and conditions, do not allow late Test Takers for testing.
5.2.2. Change the date of IELTS test, as well as the time and place of IELTS test, provided that the Customer is notified of this not later than 1 (one) day before the test date.
5.2.3. Demand payment from the Customer for IELTS test conducted and Additional services rendered under the Agreement.
5.2.3. Unilaterally amend the provisions of the Agreement when required.
5.2.4. Refuse to issue and provide to the Customer the accounting closing documents stipulated by the Kazakh legislation for the services rendered under the Agreement if the written request is submitted later than 5 (five) working days after the IELTS test date or the date Additional services were duly rendered to the Customer.
5.3. The Customer undertakes to:
5.3.1. Carefully read and understand the IELTS terms and conditions, IELTS Cancellation policy, this Agreement and introduce them to the Test Taker.
5.3.2. During the IELTS test, ensure that the Test Taker complies with the rules established by this Agreement, IELTS terms and conditions and the Test Centre.
5.3.3. Pay the cost of the services received under this Agreement in a timely manner and in full in accordance with the procedure and terms stipulated by the Agreement.
5.4. The Customer has the right to:
5.4.1. Request from the Test Centre the accounting closing documents stipulated by the Kazakh legislation for the services received under the Agreement not later than 5 (five) working days after the IELTS test date or the date Additional services were duly rendered to the Customer.
6. Cost of services
6.1. The cost of IELTS test is set in the request for payment, which is sent to email address or personal account of the Customer and shall be regarded as an integral part of this Agreement.
6.2. The cost of Additional services is set in the Annex 1 to this Agreement.
6.3. The date of payment to the Test Centre is the date of receipt of funds to the current account of the Test Centre.
7. Term of validity and procedure for termination of the Agreement
7.1. This Agreement enters into force from the moment specified in Article 3 of the Agreement and shall be valid until the parties fully fulfil their obligations under the Agreement.
7.2. This Agreement shall terminate in cases stipulated by the current legislation, as well as in cases of refusal of the Customer from IELTS test, the Test Taker is late or not allowed to the IELTS test, the Test Taker is removed from the IELTS test, if the Test Taker skips the IELTS test.
8. Liability of the parties
8.1. Refund of the Cost of testing or Additional services to the Customer shall be carried out in accordance with the IELTS Cancellation policy and Additional services process flows indicated in the Annex 1.
8.2. The responsibility of the Test Centre to the Customer is limited to the responsibility to return the funds received from the Customer.
8.3. The Test Centre is not responsible before the Customer if the Test Taker did not take part in the scheduled IELTS test for any reason, except for the cases stipulated in the IELTS Cancellation policy.
9. Force majeure circumstances
9.1. The Parties are released from liability for partial or complete non-performance of their obligations under the Agreement, if such non-performance is caused by an event of force majeure, including fire, flood and similar natural phenomena, wars, military operations, terrorist acts, actions of state authorities, epidemics, strikes, as well as other extraordinary circumstances that interfere with the performance of this Agreement, provided that such an event directly prevents the parties from properly fulfilling their obligations set out in this Agreement, and is beyond control and cannot be avoided by due care and prudence.
10. Dispute resolution
10.1. All disputes and disagreements arising out of this Agreement shall be resolved by the parties through negotiations. If the parties are unable to resolve the disputes and disagreements that have arisen through negotiations, they shall be referred to the judicial authorities at the location of the Test Centre.
11. Special conditions
11.1. The services of the Test Centre are considered to be performed properly if there are no written justified complaints from the Customer during the validity period of this Agreement and/or within 3 (three) business days after the end date of the provision of services.
11.2. All notifications and communications in connection with this Agreement can be made by the Test Centre by e-mail. In case of change of postal or electronic address or in case of other impossibility to receive messages on them, the Customer is obliged to notify the Test Centre immediately, otherwise the notifications and messages sent by the Test Centre to the last known addresses are considered duly submitted.
11.3. IELTS test terms and conditions, IELTS Cancellation policy and all appendices to this Agreement shall be an integral part of it.
11.4. This Agreement is executed in Russian and English. If there are any discrepancies between Russian and English versions of the Agreement, the English version shall prevail.
11.5. This Agreement is regulated and interpreted in accordance with the legislation of the Republic of Kazakhstan. Any provisions of the IELTS test terms and conditions and IELTS Cancellation policy contradicting legislation of the Republic of Kazakhstan shall not apply to this Agreement.
11.6. In the event that any part of the Agreement is held to be void or unenforceable, the Parties agree to negotiate in good faith to reach an equitable provision which shall affect the intent of the parties as set forth in the Agreement.
List of annexes to this Agreement:
Annex 1 "List of Additional services, as well as the cost and conditions of their provision"
11. Address and details of the Test Centre
British Council (Kazakhstan) LLP
Address: Zholdasbekov Street, 97
Samal Towers, Block A-2, 11th Floor
050051, Almaty, Kazakhstan
Bank: JSC Citibank Kazakhstan
Tel.+7 727 244 4144