Educational Services Contract Colombia (Contrato de Servicios Educativos)

The Educational Services Contract in Colombia is the agreement by which an educational service provider (academy, institute, tutor, coach, e-learning platform, or independent teacher) undertakes to provide teaching, training, coaching, or educational formation services to a student, company, or group of people, in exchange for payment of tuition or a monthly fee. This contract is governed by Ley 115 de 1994 (Ley General de Educación), Decreto 1075 de 2015 (Decreto Único Reglamentario del Sector Educación), Ley 1480 de 2011 (Estatuto del Consumidor) when the student acts as a consumer, and Ley 1341 de 2009 (ICT Law) when services are provided through digital platforms or e-learning.

In Colombia, formal educational institutions (preschool, basic, secondary, and higher education) are subject to special regulation by the Ministerio de Educación Nacional (MEN) and must meet quality standards, curriculum requirements, and accreditation registrations. Non-formal educational services (language academies, corporate training centers, e-learning platforms, private tutoring, coaching) are regulated more flexibly, but are equally subject to Ley 1480 de 2011 consumer protection rules, which establish the student-consumer's right to receive accurate information about courses, refund policies, and cancellation conditions.

The Superintendencia de Industria y Comercio (SIC) is the competent entity to resolve consumer complaints against non-formal educational service providers (academies, digital platforms, training institutes) and can sanction providers who breach contractual obligations, mislead about offered certifications, or fail to honor declared refund policies. Article 47 of Ley 1480 de 2011 establishes the consumer's right to withdraw from an educational services contract within 5 business days of signing, if the services have not yet begun.

The forms-legal.com template covers the most common educational services in Colombia: language courses (English, French, Mandarin), corporate and business training, preparation for ICFES, IELTS, TOEFL, or professional certification exams, individual academic tutoring, executive and life coaching, and virtual courses through digital platforms. The contract includes a description of the training program, number of hours, methodology, offered certification, attendance policy, refund policy, and digital platform usage conditions.

In the context of Colombia's growing virtual education sector, driven by the pandemic and Ley 1341 de 2009 (ICT Law), digital educational services contracts must also address digital platform usage conditions (access, passwords, recordings), intellectual property rights over course content, and the handling of student personal data under Ley 1581 de 2012 (Personal Data Protection Law) and Decreto 1377 de 2013.

The Educational Services Contract in Colombia is necessary in the following scenarios: when an academy, institute, or digital platform charges tuition or monthly fees for language courses, exam preparation, technical training, or corporate training; when an independent tutor or teacher provides private instruction to school, university, or adult students; when a company contracts corporate training services for its employees (in which case the contract may be between companies, B2B); when an e-learning platform offers monthly subscriptions or per-course access to digital educational content; and when a coach or facilitator provides training services for personal or professional skills development.

The contract is also indispensable to document certification conditions, the refund policy for cancellations or student withdrawal, and the provider's commitments about service quality, especially when the student pays in advance for extended service periods. The SIC can sanction providers that do not disclose their refund and cancellation policies clearly and upfront, making a written contract essential for regulatory compliance under Ley 1480 de 2011.

The Educational Services Contract in Colombia must include the following elements to be valid and to comply with the obligations of Ley 1480 de 2011:

**Identification of parties.** Provider data (company name or teacher name, NIT or ID, domicile, phone, email) and student or contracting party data (full name, ID, phone, email). If the student is a minor, the contracting party must be the parent, mother, or legal guardian who assumes contractual obligations. If it is a B2B contract, data of the contracting company and its legal representative.

**Description of the educational program.** Course or program name, thematic content or syllabus, level (basic, intermediate, advanced), total number of hours or credits, teaching methodology (in-person, synchronous virtual, asynchronous, hybrid), platform or tool used (Zoom, Teams, Google Classroom, own LMS), language of instruction, and study materials included or not included in the price.

**Duration and schedule.** Start date and end date of the program, class schedule (days and hours), weekly frequency, and policy for sessions not held due to the provider (mandatory makeup) versus sessions missed by the student (no makeup or conditional makeup based on availability).

**Price and payment method.** Total course value or value of each module, monthly fee, or period; payment method (cash, transfer, credit card, PSE); payment date; and late payment penalties. If there is a discount for advance payment of the full period, the discount and conditions must be specified. Price information must be complete and truthful under Article 23 of Ley 1480 de 2011.

**Offered certification.** Exact description of the certification the student will receive upon completing the program: attendance certificate, approval certificate (with minimum grade), course diploma, or preparation for third-party certifications (IELTS, TOEFL, PMI, etc., which the student must manage separately). Advertising about internationally recognized certifications issued by external entities must be careful to avoid deceptive advertising sanctioned by the SIC.

**Refund and cancellation policy.** Conditions under which the student can cancel the contract and receive a refund: withdrawal within 5 business days of signing (without having used the service), cancellation with more than X days advance notice (refund of % of unexecuted balance), cancellation with less than X days (no refund or deduction for administrative expenses). The policy must be clear, equitable, and compliant with Article 47 of Ley 1480 de 2011, which prohibits abusive payment retention conditions.

**Digital platform use and personal data.** If the service is provided through a digital platform: access conditions (personal and non-transferable username and password), prohibition of sharing access with third parties, policy on session recordings (if recorded, who has access, for how long), and treatment of student personal data under Ley 1581 de 2012 and the provider's Privacy Policy, with student authorization for data processing for educational and communication purposes.

**Intellectual property rights.** Course materials (videos, presentations, guides, exercises) are the property of the provider and are protected by Ley 23 de 1982 (Copyright Law). The student only has a personal use license for study purposes and cannot reproduce, distribute, sell, or publish materials without the provider's written authorization.

**Student obligations.** Attend or connect punctually to sessions, complete assignments and assessments within set deadlines, maintain respectful behavior with the teacher and classmates, and not record sessions without the provider's authorization. Repeated non-compliance may result in exclusion from the program without refund of remaining periods, provided this is clearly established in the contract. forms-legal.com provides this Educational Services Contract template to help Colombian providers of non-formal education services comply with Ley 115 de 1994, Ley 1480 de 2011, and Ley 1581 de 2012.