I. Matters needing attention in selecting educational institutions
1. It depends on qualifications. Confirm whether the institution has relevant qualifications for running a school, including: school license, registration certificate of private non-enterprise units and other certificates. Training institutions shall post the school license in a prominent position in the training place, and carry out training business in accordance with the training projects approved by the school license. The premise is that these training institutions have completed the re-registration process.
It depends on the contract. The Ministry of Education and the General Administration of Market Supervision jointly issued a document, requiring off-campus training institutions to use a unified "off-campus training service contract for primary and secondary school students (model text)". Parents should pay attention to the standardization of the contract text provided by off-campus training institutions when paying fees and signing contracts.
It depends on the reward. In the process of parents' payment, the training fee must be credited to the special account of the institution, and a formal bill is required. The time span of one-time payment shall not exceed 3 months. Don't trust the "promotional offers" provided by off-campus training institutions.
4. It depends on filing and publicity. The contents, shifts, enrollment targets, training progress and class hours of knowledge training in Chinese, mathematics, English, physics, chemistry, biology and other disciplines carried out by off-campus training institutions shall be reviewed and publicized by the local county-level education administrative department, and parents shall confirm whether they have been reviewed and publicized.
5. It depends on whether there are other violations. If it is found that there are security risks (such as fire prevention and epidemic prevention) in off-campus training institutions, in-service teachers are paid to substitute in training institutions, subject-based training teachers do not have the corresponding teacher qualifications, the training content exceeds the corresponding national curriculum standards, and the training progress exceeds the progress of primary and secondary schools in the county (district), they can report to the local education administrative department.
2. Matters needing attention in signing the contract
1. Identify the institutions that provide training. The actual payee and training institution are clearly stated on the invoice. In order to avoid disputes, the training courses stipulated in the contract are very important.
2. At present, the training for the purpose of entering a higher school has the forms of "guaranteeing the goal" and "package". Training institutions attract students by ensuring that they pass the college entrance examination or art examination. In the contract, both parties should clearly confirm what kind of carrier is regarded as the standard of "guaranteed bottom" and "outsourcing". For example, if the training institution thinks that "coverage" only means that the professional courses it has trained have been covered, then the standard is to obtain the professional certificate of art. And the promise of "all subjects have been covered" or even "package admission" mentioned by students. Therefore, a clear agreement on the purpose of the contract can reduce unnecessary ambiguity.
3. Regarding the performance of the contract, both parties should clearly stipulate the training courses, training places and training teachers in the contract. As a training service contract, whether the training institution has finally fulfilled the obligations stipulated in the training contract should be investigated from the aspects of training courses and places. For training institutions, confirming the course arrangement before class and signing the course content after class are the first-hand evidence for training institutions to fulfill their training obligations.
4. Although training such as "guaranteed bottom" and "guaranteed bottom target" has high risks for both parties to the contract, once the students reach the target in the exam, they will be paid in full. Once the trainees fail to meet the target, the training institution will return them in full. This agreement is legal and valid. The training agreement in the form of "guarantee target" should be avoided from falling into illegal purposes because of the high training cost. Usually, in the high training fees, students and their parents advocate that the fees are illegal, so it is necessary to clearly stipulate the fees in the written contract.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.