Public Offer for Contract for Provision of Information and Consulting Services
Moscow, Russia
Individual Entrepreneur Savich Ekaterina Yurievna (TIN 772450776961), hereinafter referred to as the "Executor," publishes this Public Offer (hereinafter - Offer) as an official proposal to any individual who wishes to enter into a contract with the Executor for the provision of information and consulting services on the terms specified below.
The contract concluded through acceptance of this Offer is regulated by the norms of civil legislation on adhesion contracts (Art. 428 of the Civil Code of the Russian Federation), therefore the terms defined in this Offer may be accepted by the individual only by adhering to the proposed contract in its entirety without any exceptions, limitations, or reservations.
Terms and Definitions
Customer - an individual who accepts this offer by paying for the selected Course at the corresponding Tariff. By making the payment, the Customer confirms that they have read and agreed to the terms of this Contract-Offer.
Information Course - website, social media page, cloud storage, and other systems containing the Executor's content.
Curator - an individual who provides consultation services on behalf of the Executor, particularly by providing feedback on the practical work carried out by the Customer.
Course - a collection of audio, video, visual materials, and consultation services in the form of mentoring provided to the Customer according to the paid tariff.
Tariffs - the list of Executor's Courses with prices provided to the Customer for familiarization with the respective set of services.
Other terms and definitions encountered in the text of this Contract are interpreted by the Parties in accordance with the legislation of the Russian Federation.
Subject of the Contract
1.1. In accordance with the terms of this Contract, the Executor undertakes to provide educational services to the Customer within the selected Course, and the Customer undertakes to accept and pay for such services in full.
1.2. The Executor's services are not considered educational activities in the traditional sense, are not subject to licensing, do not result in the assignment of any qualification, and do not lead to the issuance of an educational document.
Rights of the Parties section:
2.1. The Contractor has the right to:
2.1.1. Independently determine the content and volume of materials provided to the Customer in accordance with the theme of the Course, teaching methods, and consultation procedures, as well as the schedule for providing services.
2.1.2. Engage third parties to provide services stipulated by this Contract without the Customer's consent. In the event that the Contractor engages third parties, the Contractor is responsible for the quality and timeliness of the services provided by the third parties within the framework of this Contract as for their own.
2.1.3. Request from the Customer all necessary information, documents, and others for the proper fulfillment of obligations under this Contract.
2.1.4. Unilaterally change the cost of services. Changes in the cost of services are not made until the end of the period paid for by the Customer.
2.1.5. Make additions and changes to this Contract and tariffs by publishing these changes and additions.
2.1.6. Provide additional services to the Customer.
2.1.7. Terminate the Contract in cases provided by this Contract and the legislation of the Russian Federation.
2.2. The Customer has the right to:
2.2.1. Receive services and materials provided for by this Contract in a volume corresponding to the paid Course.
2.2.2. By mutual agreement, the Parties may change and supplement the list of services. All changes and additions are formalized in the manner agreed upon by the Parties.
Obligations of the Parties section:
3.1. The Contractor is obliged to:
3.1.1. Provide services to the Customer in accordance with the paid tariff.
3.1.2. Provide the Customer with access to the materials necessary for mastering the Course.
3.1.3. Provide informational support to the Customer on issues that arise during the course of the Course, for the entire duration of this Contract, by conducting consultations using communication methods agreed upon by the Parties.
3.1.4. Publish information containing the Customer's personal data after prior notification of the Customer.
3.1.5. Provide reliable information about themselves and the paid services they offer in the manner and volume provided by the Russian Federation Law "On Consumer Rights Protection".
3.1.6. Check the progress of the Customer's completion of tasks, provide comments regarding the results of training reflected in the report.
3.2. The Customer is obliged to:
3.2.1. Timely and fully pay for access to the Course in accordance with the selected tariff.
3.2.2. Timely, in accordance with the program or requirements of the Curator, perform the tasks provided by the Course, form and send reports on their completion to the Curator, and follow the instructions given by the Curator during the training period.
3.2.3. Provide full and reliable information regarding the subject of this Contract upon the Contractor's request.
3.2.4. Not distribute any materials and information that defame the Contractor and third parties, as well as otherwise violate legal rights.
3.2.5. Use the information received from the Contractor, constituting the content of the Course, only for personal purposes. Not to disclose to the general public or reveal to other persons information that constitutes the content (filling) of the Course, as well as other results of the intellectual activity of the Contractor or other right holders without the explicitly expressed written consent (including expressed in correspondence between the Customer and the right holder) of the Contractor (right holder). With the consent of the right holder to the distribution of such information by the Customer, the Customer undertakes to indicate the data of the right holder, in particular, the contact details of the Contractor.
3.2.6. Independently bear all responsibility in case of causing harm and (or) damage to the Contractor and (or) third parties, resulting from the use of materials and consulting services received from the Contractor.
Procedure for Providing Services
4.1. The Contractor shall start providing services stipulated by this Contract from the moment of full payment for the Course according to the corresponding Tariff, as well as upon receiving the necessary information for the implementation of the Course from the Customer. Until the Customer fulfills the conditions of the Contract provided by clauses 3.2.1. and 3.2.2., the Contractor is not obliged to start fulfilling their obligations.
4.2. The Contractor provides the Customer with access to audio, video, or textual information, as well as provides consultations and informational support to the Customer in the form of conducting webinars/video lectures, master classes, mentoring both personally and via the Internet.
4.3. The Contractor may involve invited speakers, trainers, experts, curators in fulfilling their obligations.
4.4. The result of the Customer's practical work during the Course or upon its completion may be used by the Contractor for advertising their services and as a public demonstration for existing or potential Customers without any compensation to the Customer. In this case, the Customer's personal data may be indicated by the Contractor only with the Customer's consent.
4.5. Access to the materials provided by the Contractor, as well as informational support, ceases upon the expiration of the service period provided by the terms of the specific Course.
4.6.The terms, duration (date), duration, place, and cost of services are indicated on the Contractor's information resources or sent by message to the Customer's email.
Cost of Services and Payment Procedure
5.1. The cost of services and their content are determined in the Tariffs provided by the Contractor to the Customer by indicating on the website, informational mailing, or by any other method chosen by the Contractor.
5.2. Services to the Customer are provided on the condition of their advance payment.
5.3. Payment for the Course is made in the amount of 100% (one hundred percent) of the cost of the selected Tariff (advance payment) in rubles.
5.4. The date of the Customer's fulfillment of obligations to pay for the Contractor's services is considered to be the date of receipt of funds to the Contractor's settlement account.
5.5. The Customer is sent a link to the payment system page to make payment for services according to the selected Tariff.
5.6. The Tariffs provided to the Customer may change at the Contractor's discretion, either upwards or downwards. After the invoice is issued to the Customer, the cost of the Course selected by them cannot be changed.
5.7. The Contractor reserves the right to provide a temporary discount on certain Courses and services, as well as to conduct special promotions to offer more favorable terms for obtaining the Course.
5.8. After payment for the Course, the Customer has the right to refuse to execute the Contract under the terms provided by the Money Refund Rules (Appendix No. 1 to this Offer), which are an integral part of this Contract.
5.9. In addition to the main Tariffs, there may be an option for the Customer to reserve a place to participate in the Information Course. If the Customer decides to pay the full cost of the Information Course in accordance with the selected Tariff, the deposit paid at the time of reservation is returned, or the cost of the Course is reduced by the amount of the deposit. If the Customer has reserved a place but refuses to purchase the Information Course, the deposit is not refunded.
Intellectual Property Results
6.1. All rights to the results of intellectual activity (Information resources, their content, and other computer programs, information resources developed by the Contractor, as well as informational materials provided to the Customer) belong to the Contractor and/or persons and partners invited by them on a legal basis and in full. The use by the Customer of the aforementioned information resources, their content, and materials does not imply the transfer of exclusive rights and/or property rights to the specified results of intellectual activity in any volume (fully or partially) to the Customer and (or third parties). No rights to any content, including, but not limited to, audiovisual works, textual and graphic materials, computer programs, trademarks, are transferred to the Customer as a result of using the information resources and concluding this Agreement.
6.2. For the purpose of fulfilling the obligations undertaken under the Agreement, the Contractor, after payment according to the selected Tariff, grants the Customer the right to use the information resources, their content, and materials developed by the Contractor, on the terms of a simple (non-exclusive) license for the purpose of self-learning for the duration of the service provision (subscription period), according to the Tariff chosen by the Customer.
6.3. The Customer is not entitled to:
- Adapt and (or) modify (make any changes) the information resources and their content and (or other software of the Contractor;
- Reproduce the software and its content of the Contractor in any form and by any means, including by recording in the memory of a computer;
- Reproduce and (or) distribute (including by selling copies or rental) the information resources and their content and (or) other software of the Contractor (including for a fee), including as part of collections of software products;
- Provide third parties with the right to access and/or use the functional capabilities of the information resources and their content and (or) other software of the Contractor;
- Translate, reprocess (make changes, and perform other actions with elements of the software and its content, aimed at obtaining information about the implementation of algorithms used in the software); carry out any use of the information resources and their content and (or) other software of the Contractor that violates international norms or the legislation of the Russian Federation. Any such actions will be the exclusive responsibility of the person committing them;
- Use any automated devices, programs, algorithms, methods that perform functions similar to the functions of accessing, copying, or monitoring any part of the software and (or) information resources and their content;
- Carry out actions aimed at destabilizing the functioning of the information resources and their content, attempt unauthorized access to the management of the said software components and means or their closed sections (including sections that are only accessible to the Contractor), as well as carry out any other similar actions;
- Copy and/or distribute any information (including parts and components of classes, articles, webinars, video lectures, master classes, textual materials, and other content without limitation), obtained from the information resources of the Contractor, except in cases where such a function is expressly provided on this resource;
- Use the information obtained on the information resource for commercial activities, profit-making, or for use in a manner contrary to the law, except for knowledge acquired based on the information received in accordance with the Agreement;
- Place personal data of third parties on the information resources without their consent, including home addresses, telephone passport data, email addresses.
6.4. Except for the use in volumes and by methods directly provided by clause 6.2 of this Agreement, the Customer is not entitled to use the information resources and their content and/or its parts.
6.5. This Agreement is not a sale agreement. The software of the information resources and their content, including all processing, corrections, modifications, additions, updates, and/or improvements, and the associated technical/operational documentation, is not intended for sale and remains exclusively the property of the Contractor.
6.6. In the event of the Customer's violation of the terms of the simple (non-exclusive) license to use the information resources and content, the Customer loses the rights to use the specified results of the Contractor's intellectual activity granted by the Contractor from the moment of the violation. The Contractor has the right to demand compensation for damages.
Liability and Guarantees of the Parties
7.1. The Contractor is not responsible for the content, subjective assessment of quality, and relevance of information and materials provided by the Customer.
7.2. The Contractor does not participate in disputes between the Customer and third parties regarding the results of the services provided. The Customer is independently responsible to third parties in case of any claims from them.
7.3. The Contractor is not responsible for the Customer's claims related to the quality of the Internet connection, associated with the functioning of Internet providers' networks, the operation of the Customer's equipment and software, and other circumstances beyond the Contractor's competence.
7.5. In case of the Customer's breach of the terms of this Agreement, the Contractor reserves the right to block the Customer's access to the information resources and materials, as well as to the services of the Curators.
7.6. The Customer guarantees the provision of accurate information under this Agreement.
7.7. The Customer guarantees that at the time of concluding this Agreement, they are not bound by any contract or agreement with third parties that could prevent the full or partial implementation of the provisions of this Agreement by the Parties.
7.8. The Customer guarantees that in case of claims or disputes regarding the infringement of third parties' rights, in connection with the use of the Information resources by the Customer, they will independently settle the claims or lawsuits at their own expense and take all necessary actions to prevent losses and expenses for the Contractor.
7.9. The Customer is responsible for any of their actions and/or inaction, whether intentional or unintentional, as well as for any actions and/or inaction of persons using their account credentials, related to the placement and/or dissemination of information on the Internet, obtaining access to third-party resources through the use of the Contractor's resources, which have led and/or may lead to a violation of the legislation of the Russian Federation, as well as for any damage caused by the aforementioned actions and/or inaction to the Contractor and third parties. The Contractor is not responsible for such actions and/or inaction of the Customer or persons using their account credentials, as well as for the consequences of such actions and/or inaction.
7.10. The Contractor is liable to the Customer only within the scope of paid but not provided services. The Contractor is not responsible for losses incurred by the Customer as a result of the practical application of information obtained from the Contractor's Course. The Contractor does not bear financial responsibility to the Customer and does not refund the money paid under this offer if the services were not provided due to the fault of the Customer, in particular, due to a breach of the terms of this Agreement.
7.11. The Contractor is not responsible for the non-fulfillment or improper fulfillment of obligations under this Agreement, as well as for possible damage resulting from:
- Unlawful actions of Internet users aimed at violating information security or the normal functioning of information resources and/or other software;
- Failures in the operation of information resources and/or other software caused by errors in the code, computer viruses, and other extraneous code fragments in the software;
- The absence (impossibility of establishing, termination, etc.) of Internet connections;
- Conducting operational search activities;
- The establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by these entities of one-time restrictions that hinder or make it impossible to fulfill this Agreement;
- Other cases related to the actions (inaction) of Internet users and/or other entities aimed at worsening the overall situation with the use of the Internet and/or computer equipment.
7.12. In the event of a breach of the Contract terms by the Customer, the Contractor is entitled to suspend the provision of services until the Customer remedies the breaches committed and compensates (indemnifies) the Contractor for the damages caused by such breach in full, and/or to terminate the Contract by sending the corresponding notification to the Customer's email address specified at the time of course payment. Furthermore, the Customer's breach of the Contract terms, resulting in adverse consequences for the Contractor (including: damage, administrative and other liability, warnings from law enforcement and other executive authorities, claims from third parties), constitutes grounds for the Contractor to terminate the Customer's and/or End User's access to the content of information resources, with the funds paid for the subscription (access) to the content of information resources being non-refundable and considered as a penalty for the Customer's actions, in addition to other damages.
7.13. The Contractor is not liable in the event of the Customer's voluntary refusal to continue further training and mentoring services. In such a case, a refund to the Customer is not made, and the Contractor's services are considered rendered.
7.14. If the services under the present Contract were not provided due to the fault of the Contractor (materials were not provided to the customer who paid for the Course), the Contractor shall return the full cost of the Course to the Customer.
Term and Procedure for Termination of the Contract:
8.1. This Contract comes into force from the moment of acceptance of the Offer by the Customer and remains in effect until the obligations undertaken by the Parties under this Contract are fulfilled (the Contractor's warranty provided for in clause 7.4. of this Contract is valid for 3 (three) months from the date of the contract conclusion) or until it is terminated by the Parties.
8.2. This Contract may be terminated by agreement of the parties at any time, unless otherwise provided by the legislation of the Russian Federation.
8.3. At the initiative of the Customer, the Contract may be terminated unilaterally with prior notification to the Contractor:
- If the Customer has paid for the Information Course in accordance with the selected Tariff but has not received access to the services provided for by this Contract, the funds paid are returned in full.
- If the Customer notifies the Contractor of the unilateral termination of the Contract when the latter has already begun fulfilling its obligations (including, purchasing necessary materials in anticipation of the Customer, conducting one or more consultations, providing access to informational materials, etc.), the funds are not returned to the Customer.
8.4. The refund of funds to the Customer is carried out in accordance with the Refund Rules (Appendix No. 1 to the present Offer).
8.5. At the initiative of the Contractor, the Contract may be terminated unilaterally with prior notification to the Customer in case of a significant breach by the Customer of the terms of the present Offer, including causing any harm or damage to the Contractor.
8.6. The withdrawal of the offer (Contract) may be carried out by the Contractor at any time, but this does not constitute a reason for the Contractor to refuse to fulfill obligations under contracts already concluded.
Dispute Resolution Procedure:
9.1. All disputes and disagreements that may arise in connection with the execution, termination, or invalidation of the Contract shall be resolved by the parties through negotiations.
9.2. The parties establish the observance of a mandatory pre-litigation procedure for resolving the dispute that has arisen. The party wishing to initiate a dispute must send a motivated claim to the other Party (by sending a message to the email address). The term for responding to the claim is 30 days from the date of receipt (the receipt of the claim must be confirmed in the reply message or by other means).
9.3. In the event that an agreement is not reached during negotiations, or if a response to the message is not received by the party that sent the message within the specified period, the dispute shall be referred to the court of general jurisdiction at the place of conclusion of the present Contract.
Force Majeure (Act of God)
10.1. The parties are released from liability for partial or complete non-fulfillment of obligations under the present Contract if such non-fulfillment was the result of force majeure circumstances that arose after the conclusion of the Contract, or if the non-fulfillment of obligations by the parties under the Contract was the result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures. Force majeure circumstances include events that the Party cannot influence and for the occurrence of which it is not responsible, including: war, uprising, strike, earthquake, flood, other natural disasters, fire, power supply failures not due to the fault of the Parties, actions and acts of authorities adopted after the conclusion of the Contract and making it impossible to fulfill the obligations established by the Contract, and other unforeseen circumstances and events beyond the control of the parties.
10.2. Upon the occurrence of the circumstances referred to in clause 10.1. of the present Contract, the Party for whom such circumstances have occurred must notify the other Party by email or other means within 10 (ten) calendar days from the onset of the said circumstances. The occurrence and effect of the said force majeure circumstances must be confirmed by competent state authorities.
Other Conditions
11.1. Issues not settled by this Agreement and its appendices shall be resolved in accordance with the legislation of the Russian Federation.
11.2. Unless otherwise expressly established in this Agreement or by agreement of the Parties, any statements, notifications, notices, demands, or other legally significant messages, which the law or the Agreement associates with the occurrence of civil-law consequences for the other Party, must be sent by email (to the address and/or from the address of the Executor specified in this Agreement, to the address and/or from the address of the Customer specified when paying for the course). The date of receipt of the message is considered to be the moment of receiving electronic confirmation of delivery when sent by email. The message is considered delivered also in those cases where there is a claim from third parties), it is a basis for the Executor to terminate the Customer's and/or End User's access to the content of information resources, and the funds for the subscription (access) to the content of information resources are not subject to return and constitute a penalty for the actions of the Customer beyond other losses.
11.3. In case of changes in personal data, the Party that has undergone such changes must notify the other Party within five (5) working days from the date of such change by email. Until such notification is received, all operations performed under the previous details are considered duly executed.
11.4. If one or more provisions of this Offer are for any reason invalid or unenforceable, such invalidity does not affect the validity of any other provision of the Offer (Agreement), which remain in force.
11.5. The Customer and the Executor may enter into additional agreements to this Agreement, stipulating new obligations for the Parties or changing the terms regarding the price or content of the Course.
11.6. During the term of this Agreement, as well as after its expiration, the Parties undertake not to disclose and not to use in their own interests, as well as in the interests of any third parties, any confidential information, including business, commercial, technical, and other information, which cannot be known to the Parties from publicly available sources, transmitted by one Party to the other Party and which became known to the Parties in connection with the conclusion and execution of this Agreement.
11.7. The Customer consents to the Executor processing the Customer's personal data provided when placing an order, as well as provided by the Customer during the execution of the Agreement, in accordance with the "Privacy Policy regarding personal data," posted together with this offer.
11.8. The Customer agrees to receive advertising and allows the Executor to carry out SMS mailings to him, as well as other types of mailings and notifications, including those of an advertising nature, using any means of communication.
Executor Details
Executor:
Individual Entrepreneur Ekaterina Yuryevna Savich
INN: 772450776961
Account No: 40802810238000229660
Bank: Sberbank PJSC
BIC: 044525225
Correspondent Account: 30101810400000000225
Appendix No. 1 to the offer-agreement
Refund Policy
Guided by the norms of the Civil Code of the Russian Federation, the Executor grants the Customer the right to refuse to execute the Agreement on the terms provided by these Refund Rules (hereinafter referred to as the "Rules").
Refusal in case of non-fulfillment of obligations by the Executor under the Agreement
1. The Customer has the right to refuse to execute the Agreement if the Executor has not fulfilled its obligations, by sending a demand with the reasons for the return to the Executor's email. The Executor shall refund the full amount of money to the payer's details of such funds, withholding the commission of banks, credit organizations, and corresponding payment systems for carrying out the refund.
The refund is made within 30 (thirty) calendar days from the date the Executor receives the Customer's demand for a refund.