PUBLIC OFFER
1. General provisions
1.1. The present Agreement is an official offer (public offer) of the Individual Entrepreneur Yatkina Elena Evgenyevna (hereinafter referred to as the "Contractor", the first party) to conclude the Agreement on the following conditions to any physical person (hereinafter referred to as the "Customer", the second party). This document is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
1.2. The person, who has implemented the acceptance of this public offer, acquires all rights and obligations of the Customer, stipulated by this Agreement.
1.3. The acceptance of this public offer is the Customer's full payment for information and consulting services in accordance with the terms of this Agreement. From the date of receipt of funds to pay for services rendered to the current account of the Contractor, this agreement shall be considered to be concluded between the Customer and the Contractor.
1.4. Acceptance of this Offer and, accordingly, conclusion of this Agreement means that the Customer has got acquainted with the terms and conditions of this Agreement, the description of services on the site of sale and the rules of the payment system, the specifics of the payment system and the site, where the training materials are placed, recognizes the unconditional suitability of the services rendered and the site for the actions and goals, which are the subject of this Agreement.
1.5. By accepting this offer, the Customer confirms that provision of services under this Agreement by the Contractor remotely using the software (hereinafter - software) fully corresponds to the Customer's ability to use the services provided in such a way.
1.6. The actual agreement-offer is always available at the address: https://fraules.pro.
1.7. In this contract, unless expressly stated otherwise in its text, the following words and expressions shall have the following meanings:
1.7.1. Online Course - a course, consisting of a set of video lectures and methodical materials, and tasks, organized by the Executor by means of remote access via the Internet, which takes place in real time or in record time, with the use of Internet browser and (or) specially designed for this purpose downloadable application, installed on the Client's computer or via web-applications.
1.7.2 Online class - information, consisting of a set of video lectures and methodical materials, and tasks, organized by the Executor by means of remote access through the Internet, passing in real time or in record time, with the use of Internet browser and (or) specially designed for this purpose downloadable application, installed on the computer of the Client or through web-applications.
1.7.3 Contract - this document published on the Internet, as well as sent for review by e-mail or provided for review by any other means.
1.7.4. Calculation period - a period of time, established by this contract, during which the services of providing access to the Website materials are provided and the subscription fee is written off in the order of 100% prepayment.
1.7.5. Personal Cabinet - a set of protected pages, located on the training platform in the closed section of the Website http://fraules.online/, created because of the Customer's registration in the closed section of the Website, using which the Customer has an opportunity to access the Services Package, including, without limitation, materials and activities within the Services Package. Access to the Personal Cabinet is based on the account data (login and password) specified by the Customer when registering (registering in the closed section of the Website);
1.7.6. Package or Service Package - a set of a certain set of training materials and events in the form of instructions, video lessons, homework, checklists, templates, tasks and any other documents and information, united by a common theme and a common name, the total cost of services.
1.7.7. Software (software) - browser (Internet Explorer, FireFox, Google Chrome and similar) for access to information resources located on the Internet, other programs for processing the provided information. The Customer undertakes to independently ensure the availability of the software on its personal computer.
1.7.8. Website - a set of information, texts, graphic elements, design, images, photo and video materials and other results of intellectual activity, as well as programs for the computer, contained in the information system, providing the availability of such information in the Internet at the network addresses: https://fraules.pro, http://fraules.online/.
1.8. All other terms and definitions found in the text of this Agreement shall be interpreted by the Parties in accordance with the current legislation of the Russian Federation and the usual rules of interpretation of the respective terms established in the Internet.
1.1. The present Agreement is an official offer (public offer) of the Individual Entrepreneur Yatkina Elena Evgenyevna (hereinafter referred to as the "Contractor", the first party) to conclude the Agreement on the following conditions to any physical person (hereinafter referred to as the "Customer", the second party). This document is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
1.2. The person, who has implemented the acceptance of this public offer, acquires all rights and obligations of the Customer, stipulated by this Agreement.
1.3. The acceptance of this public offer is the Customer's full payment for information and consulting services in accordance with the terms of this Agreement. From the date of receipt of funds to pay for services rendered to the current account of the Contractor, this agreement shall be considered to be concluded between the Customer and the Contractor.
1.4. Acceptance of this Offer and, accordingly, conclusion of this Agreement means that the Customer has got acquainted with the terms and conditions of this Agreement, the description of services on the site of sale and the rules of the payment system, the specifics of the payment system and the site, where the training materials are placed, recognizes the unconditional suitability of the services rendered and the site for the actions and goals, which are the subject of this Agreement.
1.5. By accepting this offer, the Customer confirms that provision of services under this Agreement by the Contractor remotely using the software (hereinafter - software) fully corresponds to the Customer's ability to use the services provided in such a way.
1.6. The actual agreement-offer is always available at the address: https://fraules.pro.
1.7. In this contract, unless expressly stated otherwise in its text, the following words and expressions shall have the following meanings:
1.7.1. Online Course - a course, consisting of a set of video lectures and methodical materials, and tasks, organized by the Executor by means of remote access via the Internet, which takes place in real time or in record time, with the use of Internet browser and (or) specially designed for this purpose downloadable application, installed on the Client's computer or via web-applications.
1.7.2 Online class - information, consisting of a set of video lectures and methodical materials, and tasks, organized by the Executor by means of remote access through the Internet, passing in real time or in record time, with the use of Internet browser and (or) specially designed for this purpose downloadable application, installed on the computer of the Client or through web-applications.
1.7.3 Contract - this document published on the Internet, as well as sent for review by e-mail or provided for review by any other means.
1.7.4. Calculation period - a period of time, established by this contract, during which the services of providing access to the Website materials are provided and the subscription fee is written off in the order of 100% prepayment.
1.7.5. Personal Cabinet - a set of protected pages, located on the training platform in the closed section of the Website http://fraules.online/, created because of the Customer's registration in the closed section of the Website, using which the Customer has an opportunity to access the Services Package, including, without limitation, materials and activities within the Services Package. Access to the Personal Cabinet is based on the account data (login and password) specified by the Customer when registering (registering in the closed section of the Website);
1.7.6. Package or Service Package - a set of a certain set of training materials and events in the form of instructions, video lessons, homework, checklists, templates, tasks and any other documents and information, united by a common theme and a common name, the total cost of services.
1.7.7. Software (software) - browser (Internet Explorer, FireFox, Google Chrome and similar) for access to information resources located on the Internet, other programs for processing the provided information. The Customer undertakes to independently ensure the availability of the software on its personal computer.
1.7.8. Website - a set of information, texts, graphic elements, design, images, photo and video materials and other results of intellectual activity, as well as programs for the computer, contained in the information system, providing the availability of such information in the Internet at the network addresses: https://fraules.pro, http://fraules.online/.
1.8. All other terms and definitions found in the text of this Agreement shall be interpreted by the Parties in accordance with the current legislation of the Russian Federation and the usual rules of interpretation of the respective terms established in the Internet.
2. Subject of the Agreement
2.1. The subject of this Agreement is the provision of information and consulting services to the Customer in the form of individual and/or group online classes, online training courses, provision of information products in video format, including links for viewing and (or) listening to them (hereinafter - the "Service", "Service");
2.2 The Client pays for the Online Course and (or) Online Class, and the Executor undertakes to conduct the Online Course and (or) Online Class, according to the chosen by the Client Package.
2.3. The programs, cost, description of the Service and the registration form are placed on the corresponding page (site) of the sale of such Service.
2.4. The Service is provided by the Executor remotely through the Internet, by means of software (software), including the use of special equipment, software and online services (online platforms), used in the training program of the Executor. The access to the corresponding on-line services (on-line platforms) and the Contractor with the use of the Client's contacts specified when purchasing the Service shall provide software. Other way of interaction of the Parties shall be indicated on the site of sale of the corresponding Service.
2.5 The Service is limited to providing information to the Customer and forming skills of its independent use (in the format of video lessons).
2.6. The Service is not an educational activity, not subject to licensing, not accompanied by final certification.
At the same time, if it is provided by the course's program, as well as on the condition of successful completion of homework, the Executor has the right to make a decision to issue a Certificate on passing the corresponding course. Such certificate does not give the right to teach according to this method.
2.7. The Client independently learns the online courses to which he has gained access, without checking the quality of homework done or the degree of information absorption, unless otherwise stated in the description of the corresponding course.
2.8. No information, materials and/or consultations provided by the Executor within the framework of rendering the services under this Agreement can be considered as a guarantee. Decision making based on all information, provided by the Contractor, is in the exclusive competence of the Client. The Customer shall assume full responsibility and risks, connected with the use of information and materials, provided by the Contractor within the framework of his obligations under this contract.
2.1. The subject of this Agreement is the provision of information and consulting services to the Customer in the form of individual and/or group online classes, online training courses, provision of information products in video format, including links for viewing and (or) listening to them (hereinafter - the "Service", "Service");
2.2 The Client pays for the Online Course and (or) Online Class, and the Executor undertakes to conduct the Online Course and (or) Online Class, according to the chosen by the Client Package.
2.3. The programs, cost, description of the Service and the registration form are placed on the corresponding page (site) of the sale of such Service.
2.4. The Service is provided by the Executor remotely through the Internet, by means of software (software), including the use of special equipment, software and online services (online platforms), used in the training program of the Executor. The access to the corresponding on-line services (on-line platforms) and the Contractor with the use of the Client's contacts specified when purchasing the Service shall provide software. Other way of interaction of the Parties shall be indicated on the site of sale of the corresponding Service.
2.5 The Service is limited to providing information to the Customer and forming skills of its independent use (in the format of video lessons).
2.6. The Service is not an educational activity, not subject to licensing, not accompanied by final certification.
At the same time, if it is provided by the course's program, as well as on the condition of successful completion of homework, the Executor has the right to make a decision to issue a Certificate on passing the corresponding course. Such certificate does not give the right to teach according to this method.
2.7. The Client independently learns the online courses to which he has gained access, without checking the quality of homework done or the degree of information absorption, unless otherwise stated in the description of the corresponding course.
2.8. No information, materials and/or consultations provided by the Executor within the framework of rendering the services under this Agreement can be considered as a guarantee. Decision making based on all information, provided by the Contractor, is in the exclusive competence of the Client. The Customer shall assume full responsibility and risks, connected with the use of information and materials, provided by the Contractor within the framework of his obligations under this contract.
3. Terms of service provision
3.1. The Services hereunder are rendered within the terms specified on the sale website of the corresponding Service.
3.2. According to the decision of the Executor and for additional payment the terms of rendering certain types of Services can be increased for the time, necessary for the effective passing of the corresponding training program by the Customer (mastering the information provided by the Executor).
3.3. Services under this Agreement are considered to be rendered with due quality and in time, as well as accepted by the Customer, if within 3 (three) calendar days after the expiry of the term specified in clause 3.1 of this Agreement for the corresponding service, the Customer has not stated a motivated objection to the quality and scope of such services by sending an application to the following address: elenayatkina@gmail.com.
3.4 Access to training materials of the basic course and additional materials may be retained by the Customer during the time specified at the site of sale of services, depending on the purchased Service Package.
3.1. The Services hereunder are rendered within the terms specified on the sale website of the corresponding Service.
3.2. According to the decision of the Executor and for additional payment the terms of rendering certain types of Services can be increased for the time, necessary for the effective passing of the corresponding training program by the Customer (mastering the information provided by the Executor).
3.3. Services under this Agreement are considered to be rendered with due quality and in time, as well as accepted by the Customer, if within 3 (three) calendar days after the expiry of the term specified in clause 3.1 of this Agreement for the corresponding service, the Customer has not stated a motivated objection to the quality and scope of such services by sending an application to the following address: elenayatkina@gmail.com.
3.4 Access to training materials of the basic course and additional materials may be retained by the Customer during the time specified at the site of sale of services, depending on the purchased Service Package.
4. Procedure of Service Delivery
4.1. The Contractor renders Services under this Agreement in accordance with the Service Package chosen by the Client.
Types of Services the order of rendering is determined when the Parties conclude a personal agreement.
4.2 The access to the Services under this Agreement is provided by the Contractor remotely as follows:
4.2.1. For the provision of Services the access to the Personal Cabinet is provided by the Executor within 24 hours from the moment of payment for the course. The access to the materials of the course is provided during the beginning of the course specified on the site.
The fulfillment of the obligation to provide access to the materials specified in this paragraph is considered to be the fact of sending the corresponding links and passwords of access to the corresponding training materials and modules of the corresponding training programs to the Client's email, indicated when purchasing the service, or providing access to such materials in the closed section of the site, where they are placed.
4.2.2 To provide services for individual (group) consultation, information about the time and place of such consultation(s) shall be provided to the Customer's e-mail specified when paying for the Service or in the closed section of the site where the training materials are placed.
Fulfillment of the obligation to provide individual (group) consultation shall be deemed the fact of holding such consultation(s) in the terms, number and in the manner specified on the website for the sale of such Service.
If the Customer did not participate (fail to appear) for an individual (group) consultation without a valid reason, the obligations of the Contractor to provide such service shall be deemed fulfilled in full and in the time when such service was to be provided.
4.2.3. The verification of the homework for those service packages, which include this option, is performed by the Contractor within a reasonable time necessary for the verification, but not less than 7 (seven) working days from the moment of receiving the Client's report, taking into account the working hours of the Contractor: from 10.00 till 18.00 local time (GMT+7).
The result of the inspection is expressed by the Executor in comments to the corresponding lesson, in response to the Customer's message, by sending a video response. The fact of checking (crediting) the homework for the corresponding lesson by the Executor can also be expressed in other ways, at the discretion of the Executor.
4.3. In order to provide services of full-time lessons and seminars, information about the time, place, order and conditions of such an event shall be placed on the site of sale of such event. The Provider may additionally send such information to the Client's e-mail address, specified by him when purchasing the Service.
Fulfillment of the obligation to conduct face-to-face trainings, trainings and seminars is considered the fact of conducting the corresponding event in the program, in terms, quantity, established on the site of selling such Service.
4.4. The Client independently follows all updates and changes of the information, coming from the Contractor under this Agreement.
4.5. Upon termination of rendering of the Services hereunder the act on rendered Services is not drawn up.
By signing this Agreement, Parties accept that providing access to training materials in the closed section of the website and actual provision of other types of services purchased under the Agreement using the Customer's contacts specified in this Agreement and when paying for the services is a sufficient proof of performance of obligations under the Agreement.
By a separate request of the Customer the Executor has the right to draw up a report on the provided services within 5 (five) working days from the moment of receiving the mentioned request.
4.1. The Contractor renders Services under this Agreement in accordance with the Service Package chosen by the Client.
Types of Services the order of rendering is determined when the Parties conclude a personal agreement.
4.2 The access to the Services under this Agreement is provided by the Contractor remotely as follows:
4.2.1. For the provision of Services the access to the Personal Cabinet is provided by the Executor within 24 hours from the moment of payment for the course. The access to the materials of the course is provided during the beginning of the course specified on the site.
The fulfillment of the obligation to provide access to the materials specified in this paragraph is considered to be the fact of sending the corresponding links and passwords of access to the corresponding training materials and modules of the corresponding training programs to the Client's email, indicated when purchasing the service, or providing access to such materials in the closed section of the site, where they are placed.
4.2.2 To provide services for individual (group) consultation, information about the time and place of such consultation(s) shall be provided to the Customer's e-mail specified when paying for the Service or in the closed section of the site where the training materials are placed.
Fulfillment of the obligation to provide individual (group) consultation shall be deemed the fact of holding such consultation(s) in the terms, number and in the manner specified on the website for the sale of such Service.
If the Customer did not participate (fail to appear) for an individual (group) consultation without a valid reason, the obligations of the Contractor to provide such service shall be deemed fulfilled in full and in the time when such service was to be provided.
4.2.3. The verification of the homework for those service packages, which include this option, is performed by the Contractor within a reasonable time necessary for the verification, but not less than 7 (seven) working days from the moment of receiving the Client's report, taking into account the working hours of the Contractor: from 10.00 till 18.00 local time (GMT+7).
The result of the inspection is expressed by the Executor in comments to the corresponding lesson, in response to the Customer's message, by sending a video response. The fact of checking (crediting) the homework for the corresponding lesson by the Executor can also be expressed in other ways, at the discretion of the Executor.
4.3. In order to provide services of full-time lessons and seminars, information about the time, place, order and conditions of such an event shall be placed on the site of sale of such event. The Provider may additionally send such information to the Client's e-mail address, specified by him when purchasing the Service.
Fulfillment of the obligation to conduct face-to-face trainings, trainings and seminars is considered the fact of conducting the corresponding event in the program, in terms, quantity, established on the site of selling such Service.
4.4. The Client independently follows all updates and changes of the information, coming from the Contractor under this Agreement.
4.5. Upon termination of rendering of the Services hereunder the act on rendered Services is not drawn up.
By signing this Agreement, Parties accept that providing access to training materials in the closed section of the website and actual provision of other types of services purchased under the Agreement using the Customer's contacts specified in this Agreement and when paying for the services is a sufficient proof of performance of obligations under the Agreement.
By a separate request of the Customer the Executor has the right to draw up a report on the provided services within 5 (five) working days from the moment of receiving the mentioned request.
5. Rights and obligations of the parties
5.1. THE PERFORMER SHALL UNDERTAKE:
5.1.1 To render the Services properly and in due time.
5.1.2 After confirming the payment, provide the Customer with instructions on how to use the remote program, training materials and access to the Service selected by the Customer.
5.1.3. Not to disclose information about the Customer's personal data without his consent and to process them solely for the purpose of execution of this Agreement in accordance with the Privacy Policy approved by the Executor.
5.2. THE EXECUTOR HAS THE RIGHT:
5.2.1. Refuse to provide services to the Customer in case of non-payment for the chosen Service within the established terms.
5.2.2. Attract the third parties to fulfill the obligations under this Agreement.
5.2.3. Require the Customer to fulfill his obligations in good faith, respect other course participants and the Contractor personally.
5.2.4. To change the terms and conditions of this Agreement unilaterally, without prior consent of the Client, at the same time ensuring the publication of the changed terms and conditions on the web-site at the address specified in clause 1.6 of this Agreement, not less than one day before their coming into force.
5.2.5. Unilaterally change the schedule of placement of training material, feedback on homework and other consultations, without changing the established frequency of their implementation, as well as change and supplement the content of lessons and tasks for the Customer.
5.2.6. Unilaterally terminate this Agreement in case of material breach by the Customer of this Agreement. In this case, the funds paid by the Customer under this Agreement shall not be refunded and shall be a penalty for the actions of the Customer.
Any material breach of the terms and conditions of this Agreement shall be deemed any infringement of the copyrights regulated by the current copyright legislation of the Russian Federation, including a single violation by the Customer of Clause 3.1 of this Agreement. 5.3.7. Hereof, violation of the rules of training, including the procedure and discipline of the course and individual training activities on the course, damage to business reputation.
At the discretion of the Contractor, depending on the nature of the violation, any violation by the Customer of the rules set forth in Clause 5.3.7 can be considered essential. 5.3.4. - 5.3.13. Of this Agreement, committed once and/or more than twice.
5.2.7. To use information about the fact of acceptance of this offer by the Customer, without disclosing confidential information, including information constituting a commercial secret, as well as to indicate the Customer as his customer, including in marketing materials of the Contractor, on his website, commercial offers to specific third parties, advertising of his services to an unlimited circle of persons, including by means of using the Customer's trademark (service marks), as well as the Customer's photos, for distribution (publication) of such information. The Executor has the right to mention the Customer as his client during the whole period of his activity (indefinitely).
5.1. THE PERFORMER SHALL UNDERTAKE:
5.1.1 To render the Services properly and in due time.
5.1.2 After confirming the payment, provide the Customer with instructions on how to use the remote program, training materials and access to the Service selected by the Customer.
5.1.3. Not to disclose information about the Customer's personal data without his consent and to process them solely for the purpose of execution of this Agreement in accordance with the Privacy Policy approved by the Executor.
5.2. THE EXECUTOR HAS THE RIGHT:
5.2.1. Refuse to provide services to the Customer in case of non-payment for the chosen Service within the established terms.
5.2.2. Attract the third parties to fulfill the obligations under this Agreement.
5.2.3. Require the Customer to fulfill his obligations in good faith, respect other course participants and the Contractor personally.
5.2.4. To change the terms and conditions of this Agreement unilaterally, without prior consent of the Client, at the same time ensuring the publication of the changed terms and conditions on the web-site at the address specified in clause 1.6 of this Agreement, not less than one day before their coming into force.
5.2.5. Unilaterally change the schedule of placement of training material, feedback on homework and other consultations, without changing the established frequency of their implementation, as well as change and supplement the content of lessons and tasks for the Customer.
5.2.6. Unilaterally terminate this Agreement in case of material breach by the Customer of this Agreement. In this case, the funds paid by the Customer under this Agreement shall not be refunded and shall be a penalty for the actions of the Customer.
Any material breach of the terms and conditions of this Agreement shall be deemed any infringement of the copyrights regulated by the current copyright legislation of the Russian Federation, including a single violation by the Customer of Clause 3.1 of this Agreement. 5.3.7. Hereof, violation of the rules of training, including the procedure and discipline of the course and individual training activities on the course, damage to business reputation.
At the discretion of the Contractor, depending on the nature of the violation, any violation by the Customer of the rules set forth in Clause 5.3.7 can be considered essential. 5.3.4. - 5.3.13. Of this Agreement, committed once and/or more than twice.
5.2.7. To use information about the fact of acceptance of this offer by the Customer, without disclosing confidential information, including information constituting a commercial secret, as well as to indicate the Customer as his customer, including in marketing materials of the Contractor, on his website, commercial offers to specific third parties, advertising of his services to an unlimited circle of persons, including by means of using the Customer's trademark (service marks), as well as the Customer's photos, for distribution (publication) of such information. The Executor has the right to mention the Customer as his client during the whole period of his activity (indefinitely).
5.3. THE CLIENT UNDERTAKES TO:
5.3.1. Independently get acquainted with information about terms, program and conditions of its provision on the site of sale of the corresponding Service.
5.3.2. Have a personal computer or other portable (mobile) device with Internet access, equipped with headphones and a microphone, as well as with the installed software, necessary and sufficient for receiving the acquired Service.
5.3.3 Adhere to the established schedule of the training program, goals and essence of the Executor tasks, observe the terms of homework, fulfill the recommendations and requirements of the Executor within the framework of rendering the services under this Agreement, and fulfill other obligations according to the acquired Service.
5.3.4. Pay for the Services under this Agreement in due time.
5.3.5. Provide the Contractor with actual and reliable information, necessary for receiving the information and training materials as well as for operative communication within the framework of rendering the Services hereunder, namely: name and surname, valid mailbox, contact phone number.
5.3.6. Not to make a record, not to distribute (publish, place on the Internet sites, copy, transfer or resell to the third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer under this Agreement, create on its basis information products for commercial profit, as well as to use this information in any other way, except for personal use.
5.3.8. Do not transfer to the third parties and ensure confidentiality of access passwords to the personal cabinet in the closed section of the site and to the special software used for the organization of the services under the present contract by the Contractor, as well as ensure confidentiality of the links to viewing the records received from the Contractor under the present contract.
5.3.9. Not to change in any way the software part of the site, from which the Services are rendered, not to perform any actions, aimed at the change of the site functioning and operability.
5.3.10. Not to place personal data of the third parties on the website without their consent, including home addresses, telephone numbers, passport data, e-mail addresses.
5.3.11. Not to place on the website commercial advertising, commercial offers, agitation information and any other intrusive information, except for the cases when the placement of such information is agreed with the Contractor.
5.3.12. Not to distribute in the open access to the Internet the information about the order and results of the interaction between the Client and the Contractor, including the questions of rendering the services, refunds under this Agreement or consideration of the claims arising from this Agreement. The breach of the mentioned obligation is considered as an unauthorized disclosure of a commercial secret and/or causing damage to the honor and business reputation of the Contractor and his commercial project.
5.3.13. Not to distribute defamatory information about the Contractor or his training program, involved third parties that can harm the honor, dignity and business reputation of the Contractor and his commercial project.
5.4. THE CLIENT HAS THE RIGHT:
5.4.1. Require the proper execution of his obligations under this Agreement by the Contractor.
5.4.2. Receive information on any questions concerning the organization of the Services execution under this Agreement through the Contractor's support service.
5.3.1. Independently get acquainted with information about terms, program and conditions of its provision on the site of sale of the corresponding Service.
5.3.2. Have a personal computer or other portable (mobile) device with Internet access, equipped with headphones and a microphone, as well as with the installed software, necessary and sufficient for receiving the acquired Service.
5.3.3 Adhere to the established schedule of the training program, goals and essence of the Executor tasks, observe the terms of homework, fulfill the recommendations and requirements of the Executor within the framework of rendering the services under this Agreement, and fulfill other obligations according to the acquired Service.
5.3.4. Pay for the Services under this Agreement in due time.
5.3.5. Provide the Contractor with actual and reliable information, necessary for receiving the information and training materials as well as for operative communication within the framework of rendering the Services hereunder, namely: name and surname, valid mailbox, contact phone number.
5.3.6. Not to make a record, not to distribute (publish, place on the Internet sites, copy, transfer or resell to the third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer under this Agreement, create on its basis information products for commercial profit, as well as to use this information in any other way, except for personal use.
5.3.8. Do not transfer to the third parties and ensure confidentiality of access passwords to the personal cabinet in the closed section of the site and to the special software used for the organization of the services under the present contract by the Contractor, as well as ensure confidentiality of the links to viewing the records received from the Contractor under the present contract.
5.3.9. Not to change in any way the software part of the site, from which the Services are rendered, not to perform any actions, aimed at the change of the site functioning and operability.
5.3.10. Not to place personal data of the third parties on the website without their consent, including home addresses, telephone numbers, passport data, e-mail addresses.
5.3.11. Not to place on the website commercial advertising, commercial offers, agitation information and any other intrusive information, except for the cases when the placement of such information is agreed with the Contractor.
5.3.12. Not to distribute in the open access to the Internet the information about the order and results of the interaction between the Client and the Contractor, including the questions of rendering the services, refunds under this Agreement or consideration of the claims arising from this Agreement. The breach of the mentioned obligation is considered as an unauthorized disclosure of a commercial secret and/or causing damage to the honor and business reputation of the Contractor and his commercial project.
5.3.13. Not to distribute defamatory information about the Contractor or his training program, involved third parties that can harm the honor, dignity and business reputation of the Contractor and his commercial project.
5.4. THE CLIENT HAS THE RIGHT:
5.4.1. Require the proper execution of his obligations under this Agreement by the Contractor.
5.4.2. Receive information on any questions concerning the organization of the Services execution under this Agreement through the Contractor's support service.
6. The cost of the Services and the order and payment
6.1. The cost of information and consulting services under this Agreement shall be indicated at the site of sale of the corresponding Service and may be unilaterally changed by the Contractor at any time. The new cost shall come into force from the moment of publication and shall not apply to the services paid by the moment of publication of such changes.
6.2 Calculations under this Agreement shall be made in rubles of the Russian Federation by means of money transfer to the settlement account specified by the Contractor based on invoices for payment, issued by the Contractor to the Client on the request for payment (order) of the latter.
6.3. Payment for the selected service shall be made by the Customer by crediting funds for 100% of the cost of the service as a prepayment.
6.4 Payment for the service by the Customer is made by cashless payment; cash in any bank branch, through payment systems, electronic money and by other means, which are specified by the Executor on the website of the Service sale.
6.5 The moment of payment shall be considered the receipt of funds on the Executor's current account.
6.6 All bank expenses related to the transfer of money to the Contractor, including commissions of intermediary banks, shall be paid by the Client, except for the commission of the bank, where the Contractor has a current account.
6.1. The cost of information and consulting services under this Agreement shall be indicated at the site of sale of the corresponding Service and may be unilaterally changed by the Contractor at any time. The new cost shall come into force from the moment of publication and shall not apply to the services paid by the moment of publication of such changes.
6.2 Calculations under this Agreement shall be made in rubles of the Russian Federation by means of money transfer to the settlement account specified by the Contractor based on invoices for payment, issued by the Contractor to the Client on the request for payment (order) of the latter.
6.3. Payment for the selected service shall be made by the Customer by crediting funds for 100% of the cost of the service as a prepayment.
6.4 Payment for the service by the Customer is made by cashless payment; cash in any bank branch, through payment systems, electronic money and by other means, which are specified by the Executor on the website of the Service sale.
6.5 The moment of payment shall be considered the receipt of funds on the Executor's current account.
6.6 All bank expenses related to the transfer of money to the Contractor, including commissions of intermediary banks, shall be paid by the Client, except for the commission of the bank, where the Contractor has a current account.
7. Terms and conditions of refund
7.1. The Customer shall have the right to apply for refund of the acquired Service until the Service has been rendered in full, except for the cases specified in clause 7.2 of this Agreement.
7.2. When the Customer renders the Service (passing the online course for a certain period), the refund is made in proportion to the actually rendered service (part of the Service).
At the same time, making the decision about the refund the Executor has the right to deduct a part of the cost of the Services to reimburse the actual costs, which he has incurred now of receiving the request for refund.
The actual expenses of the Executor include the expenses made now of receiving the application for refund, in particular:
- The cost of the training materials provided to the Customer (training course modules without taking into account the number of passed lessons inside a separate module),
- The cost of individual lessons and online sessions with the participation of the Contractor or third parties held now of receiving the application for return,
- The cost of additional bonus educational materials for self-education,
- Expenses for the software used by the Executor in the training process or payment for services of the third parties,
- Taxes, commissions of banking, credit organizations and corresponding payment systems for accepting funds.
7.3. The cost of certain services included in the training program is determined by the price specified on the site of sale of the service at the time of purchase of the service / provision of access to materials without discounts and shares in effect at the time of purchase, as well as on the basis of the services actually provided (the number of training activities carried out at the time of decision on the application for return).
7.4. The specific amount of actual expenses on the corresponding application of the Client is determined by the Executor independently.
7.5 In case if the Client didn't use the provided materials, didn't participate without good reasons, confirmed by documents, in individual lessons, (other on-line sessions), organized by the Executor, the cost of such materials and services is also subject to inclusion into the Executor's expenses due to the circumstances, which don't depend on the Executor's will.
7.6. An application for the refund of the paid sums, presented by the Client later than the term established by the item 3.1. of the present agreement, i.e. when the service was provided in full, is considered by the Executor, but is not subject to satisfaction, because:
- Unilateral cancellation of the contract, which was actually fulfilled, is not allowed by the current legislation of the Russian Federation;
- Such refusal of satisfaction is caused by the necessity of payment of certain money amounts to the third parties participating in the organization and conduction of the training program.
7.7. The refund of money is not made for services which are expressed only in granting access to training materials during certain time (including if access to materials is provided forever) as by virtue of clauses 4.2.1 and 7.7 of the present Agreement the service is considered rendered at the moment of granting access to materials.
7.8. All applications for refund are accepted only in writing and only at the Executor's mail elenayatkina@gmail.com.
In order to send such an application the Customer shall fill in the application, print it out, put his personal signature, scan and send the document to the e-mail in PDF or JPEG format elenayatkina@gmail.com of the Executor.
7.9. Mandatory points of application for refund:
- Name of addressee and data of applicant;
- Name of the training program (Service) under which the cancellation of the contract is declared and refund of payment,
- The amount of payment for the Services, the reasons that prompted the return of money;
- Details for money transfer;
- Applications, date, signature and decryption.
7.10. A photocopy of the applicant's identity document, a screen of the payment document certifying the payment in PDF or JPEG format must be attached to the application for refund.
7.11. The decision to refund or not to refund the money is taken by the Executor within 10 (ten) working days from the moment of receiving the corresponding application of the Customer.
7.12. In case of satisfaction of the request for refund the access to the training materials for the Customer is stopped within 1 (one) working day from the date of sending the decision on the corresponding refund by the Executor to the Customer. The mentioned request of the Customer about the refund is also considered as a withdrawal of the given acceptance specified in clause 1.3. Of this Agreement in advance.
7.1. The Customer shall have the right to apply for refund of the acquired Service until the Service has been rendered in full, except for the cases specified in clause 7.2 of this Agreement.
7.2. When the Customer renders the Service (passing the online course for a certain period), the refund is made in proportion to the actually rendered service (part of the Service).
At the same time, making the decision about the refund the Executor has the right to deduct a part of the cost of the Services to reimburse the actual costs, which he has incurred now of receiving the request for refund.
The actual expenses of the Executor include the expenses made now of receiving the application for refund, in particular:
- The cost of the training materials provided to the Customer (training course modules without taking into account the number of passed lessons inside a separate module),
- The cost of individual lessons and online sessions with the participation of the Contractor or third parties held now of receiving the application for return,
- The cost of additional bonus educational materials for self-education,
- Expenses for the software used by the Executor in the training process or payment for services of the third parties,
- Taxes, commissions of banking, credit organizations and corresponding payment systems for accepting funds.
7.3. The cost of certain services included in the training program is determined by the price specified on the site of sale of the service at the time of purchase of the service / provision of access to materials without discounts and shares in effect at the time of purchase, as well as on the basis of the services actually provided (the number of training activities carried out at the time of decision on the application for return).
7.4. The specific amount of actual expenses on the corresponding application of the Client is determined by the Executor independently.
7.5 In case if the Client didn't use the provided materials, didn't participate without good reasons, confirmed by documents, in individual lessons, (other on-line sessions), organized by the Executor, the cost of such materials and services is also subject to inclusion into the Executor's expenses due to the circumstances, which don't depend on the Executor's will.
7.6. An application for the refund of the paid sums, presented by the Client later than the term established by the item 3.1. of the present agreement, i.e. when the service was provided in full, is considered by the Executor, but is not subject to satisfaction, because:
- Unilateral cancellation of the contract, which was actually fulfilled, is not allowed by the current legislation of the Russian Federation;
- Such refusal of satisfaction is caused by the necessity of payment of certain money amounts to the third parties participating in the organization and conduction of the training program.
7.7. The refund of money is not made for services which are expressed only in granting access to training materials during certain time (including if access to materials is provided forever) as by virtue of clauses 4.2.1 and 7.7 of the present Agreement the service is considered rendered at the moment of granting access to materials.
7.8. All applications for refund are accepted only in writing and only at the Executor's mail elenayatkina@gmail.com.
In order to send such an application the Customer shall fill in the application, print it out, put his personal signature, scan and send the document to the e-mail in PDF or JPEG format elenayatkina@gmail.com of the Executor.
7.9. Mandatory points of application for refund:
- Name of addressee and data of applicant;
- Name of the training program (Service) under which the cancellation of the contract is declared and refund of payment,
- The amount of payment for the Services, the reasons that prompted the return of money;
- Details for money transfer;
- Applications, date, signature and decryption.
7.10. A photocopy of the applicant's identity document, a screen of the payment document certifying the payment in PDF or JPEG format must be attached to the application for refund.
7.11. The decision to refund or not to refund the money is taken by the Executor within 10 (ten) working days from the moment of receiving the corresponding application of the Customer.
7.12. In case of satisfaction of the request for refund the access to the training materials for the Customer is stopped within 1 (one) working day from the date of sending the decision on the corresponding refund by the Executor to the Customer. The mentioned request of the Customer about the refund is also considered as a withdrawal of the given acceptance specified in clause 1.3. Of this Agreement in advance.
8. The procedure of sending the claims
8.1. 8.1. All disputes and disagreements between the parties shall be settled through negotiations. At the same time, the claim procedure for settling disputes arising from the relations concerning the conclusion of this contract is mandatory. The Party, which has arisen claims and / or disagreements, sends the other Party a message indicating the claims and / or disagreements.
8.2. When claiming by the Customer the mentioned notification shall be transferred to the Contractor in the form of an electronic document to the e-mail address: elenayatkina@gmail.com. In addition, shall also be sent in writing by sending by registered mail with a notification of delivery and a description of the attachment.
The Notification shall contain the essence of the claim, evidence confirming the claim, as well as the following information:
8.2.1. The Customer's name, surname and patronymic;
8.2.2. Date of payment for the Service;
8.2.3. The name of the training program (service) for which the Customer has a claim.
8.3. Within 15 (fifteen) working days from the date of receipt of the original, specified in Clause 8.1 of the Agreement, provided that this communication complies with the provisions of Clause 8.2 of the Agreement, the Party, which received it, shall send a response to this communication.
8.4 If a reply to a communication is not received by the Party that sent it within 30 (thirty) working days from the date of sending the relevant communication, or if the Parties fail to reach an agreement on claims and/or disagreements within the period specified in clause 8.3 of this Agreement, the dispute shall be submitted to the court for consideration.
8.1. 8.1. All disputes and disagreements between the parties shall be settled through negotiations. At the same time, the claim procedure for settling disputes arising from the relations concerning the conclusion of this contract is mandatory. The Party, which has arisen claims and / or disagreements, sends the other Party a message indicating the claims and / or disagreements.
8.2. When claiming by the Customer the mentioned notification shall be transferred to the Contractor in the form of an electronic document to the e-mail address: elenayatkina@gmail.com. In addition, shall also be sent in writing by sending by registered mail with a notification of delivery and a description of the attachment.
The Notification shall contain the essence of the claim, evidence confirming the claim, as well as the following information:
8.2.1. The Customer's name, surname and patronymic;
8.2.2. Date of payment for the Service;
8.2.3. The name of the training program (service) for which the Customer has a claim.
8.3. Within 15 (fifteen) working days from the date of receipt of the original, specified in Clause 8.1 of the Agreement, provided that this communication complies with the provisions of Clause 8.2 of the Agreement, the Party, which received it, shall send a response to this communication.
8.4 If a reply to a communication is not received by the Party that sent it within 30 (thirty) working days from the date of sending the relevant communication, or if the Parties fail to reach an agreement on claims and/or disagreements within the period specified in clause 8.3 of this Agreement, the dispute shall be submitted to the court for consideration.
9. Responsibility
9.1 In case of breach of this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
9.2. The Executor doesn't bear responsibility in case of inappropriate provision of the service, if inappropriate execution was a consequence of inaccuracy, insufficiency or untimeliness of information, provided by the Client, as well as due to other violations of conditions of this Agreement by the Client.
9.3. The Services hereunder are limited to providing information to the Customer and forming skills of its independent use. This circumstance means the following limitation of Provider's responsibility:
- None of the information, materials and/or consultations, provided by the Contractor within the framework of rendering the services under the present Agreement, can be considered as a guarantee of achieving the result, as it fully depends on the actions of the Customer himself, his personal qualities, quality and speed of mastering/implementation of knowledge and materials, received from the Contractor.
- Decision making based on all information provided by the Contractor is in the exclusive competence of the Customer. The Customer assumes full responsibility and risks, connected with the use of the information and materials, provided by the Contractor within the framework of his obligations under this Agreement.
- The Executor is not responsible for the non-conformity of the provided service to the Customer's expectations and/or for his subjective assessment, such non-conformity to expectations and/or negative subjective assessment are not the reasons to consider the services provided poor quality or not in the agreed volume.
9.4. The Executor is not responsible for the impossibility to provide the services to the Client due to the reasons beyond the Executor's control, namely: the Internet, hardware or software malfunction on the Client's part, malfunction of the e-mail-mailing services, including in case the Executor's letters get into the "Spam" folder. In this case, the services are considered to have been provided properly and to be paid in full.
9.5. The total liability of the Contractor under this Agreement for any claim or claim in relation to the Agreement or its execution shall be limited to the amount of payment paid to the Contractor by the Client. In this case, the Contractor may be charged only with the real damage, but not the lost profit.
9.6 In case of the Client's breach of the provisions of this agreement concerning the protection of the copyrights of the Contractor, the latter has the right to demand the compensation of all the incurred losses, including the lost profit.
9.7. The parties shall be released from liability for failure to perform or improper performance of obligations under this contract for the period of force majeure. During this time, the Parties shall have no mutual claims, and each of the Parties shall assume its own risk of consequences of force majeure. On occurrence of such circumstances the Executor is obliged to notify the Customer by placing the information on the Site and/or on the electronic mail box specified by the Customer at payment execution, and the Customer is obliged to send the letter to the Executor on the e-mail elenayatkina@gmail.com with indication in the line the subject of the message "Force majeure".
9.8. Force majeure circumstances (force majeure) shall be understood by the Parties to mean: fire, flood, earthquake, strikes and other natural disasters, war and military operations, entry into force of normative legal acts and acts of application of law preventing the fulfillment of obligations, forced urgent (unscheduled) hospitalization, confirmed by documents, if the above circumstances are beyond the control of the Parties, prevent the fulfillment of this Agreement and arise after the conclusion of this Agreement. Lack of time for the Customer on any grounds for passing the training program, being on vacation, business trip, non-payment of access to the Internet, failure of the Internet access means are not force majeure circumstances.
9.1 In case of breach of this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
9.2. The Executor doesn't bear responsibility in case of inappropriate provision of the service, if inappropriate execution was a consequence of inaccuracy, insufficiency or untimeliness of information, provided by the Client, as well as due to other violations of conditions of this Agreement by the Client.
9.3. The Services hereunder are limited to providing information to the Customer and forming skills of its independent use. This circumstance means the following limitation of Provider's responsibility:
- None of the information, materials and/or consultations, provided by the Contractor within the framework of rendering the services under the present Agreement, can be considered as a guarantee of achieving the result, as it fully depends on the actions of the Customer himself, his personal qualities, quality and speed of mastering/implementation of knowledge and materials, received from the Contractor.
- Decision making based on all information provided by the Contractor is in the exclusive competence of the Customer. The Customer assumes full responsibility and risks, connected with the use of the information and materials, provided by the Contractor within the framework of his obligations under this Agreement.
- The Executor is not responsible for the non-conformity of the provided service to the Customer's expectations and/or for his subjective assessment, such non-conformity to expectations and/or negative subjective assessment are not the reasons to consider the services provided poor quality or not in the agreed volume.
9.4. The Executor is not responsible for the impossibility to provide the services to the Client due to the reasons beyond the Executor's control, namely: the Internet, hardware or software malfunction on the Client's part, malfunction of the e-mail-mailing services, including in case the Executor's letters get into the "Spam" folder. In this case, the services are considered to have been provided properly and to be paid in full.
9.5. The total liability of the Contractor under this Agreement for any claim or claim in relation to the Agreement or its execution shall be limited to the amount of payment paid to the Contractor by the Client. In this case, the Contractor may be charged only with the real damage, but not the lost profit.
9.6 In case of the Client's breach of the provisions of this agreement concerning the protection of the copyrights of the Contractor, the latter has the right to demand the compensation of all the incurred losses, including the lost profit.
9.7. The parties shall be released from liability for failure to perform or improper performance of obligations under this contract for the period of force majeure. During this time, the Parties shall have no mutual claims, and each of the Parties shall assume its own risk of consequences of force majeure. On occurrence of such circumstances the Executor is obliged to notify the Customer by placing the information on the Site and/or on the electronic mail box specified by the Customer at payment execution, and the Customer is obliged to send the letter to the Executor on the e-mail elenayatkina@gmail.com with indication in the line the subject of the message "Force majeure".
9.8. Force majeure circumstances (force majeure) shall be understood by the Parties to mean: fire, flood, earthquake, strikes and other natural disasters, war and military operations, entry into force of normative legal acts and acts of application of law preventing the fulfillment of obligations, forced urgent (unscheduled) hospitalization, confirmed by documents, if the above circumstances are beyond the control of the Parties, prevent the fulfillment of this Agreement and arise after the conclusion of this Agreement. Lack of time for the Customer on any grounds for passing the training program, being on vacation, business trip, non-payment of access to the Internet, failure of the Internet access means are not force majeure circumstances.
10. Use of personal data
10.1. The Client gives his consent to the Contractor to process his personal data, provided when purchasing the Services under this Agreement and when registering in the closed section of the Website in accordance with the Privacy Policy of the Contractor, placed on the Website.
The consent to the processing of the personal data is given for an indefinite period.
10.2. Personal data processing means recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data not falling under special categories, for processing of which, according to the current legislation of the Russian Federation, the written consent of the Customer is required.
10.3. The Client may at any time withdraw the consent to the processing of personal data by sending a corresponding notification to the Contractor at: elenayatkina@gmail.com. In this case, the Customer understands and acknowledges that revocation of personal data processing may require the removal of any information related to the Customer's participation in the training program, including the removal of the Customer's account in a closed section of the site and termination of access to the materials of the purchased course.
10.4. The Client gives his consent to receive information mailings and advertising materials from the Executor to the e-mail address and contact phone number, indicated by the Client when registering on the Website.
The consent to receive information mailings and advertising materials can be withdrawn by the Customer at any time by sending the corresponding notification to the Provider to the address: elenayatkina@gmail.com.
10.1. The Client gives his consent to the Contractor to process his personal data, provided when purchasing the Services under this Agreement and when registering in the closed section of the Website in accordance with the Privacy Policy of the Contractor, placed on the Website.
The consent to the processing of the personal data is given for an indefinite period.
10.2. Personal data processing means recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data not falling under special categories, for processing of which, according to the current legislation of the Russian Federation, the written consent of the Customer is required.
10.3. The Client may at any time withdraw the consent to the processing of personal data by sending a corresponding notification to the Contractor at: elenayatkina@gmail.com. In this case, the Customer understands and acknowledges that revocation of personal data processing may require the removal of any information related to the Customer's participation in the training program, including the removal of the Customer's account in a closed section of the site and termination of access to the materials of the purchased course.
10.4. The Client gives his consent to receive information mailings and advertising materials from the Executor to the e-mail address and contact phone number, indicated by the Client when registering on the Website.
The consent to receive information mailings and advertising materials can be withdrawn by the Customer at any time by sending the corresponding notification to the Provider to the address: elenayatkina@gmail.com.
11. Concluding Provisions
11.1 This Agreement comes into force from the moment of acceptance by the Customer in accordance with clause 1.3. Of this Agreement. The Agreement is valid until the parties fulfill their obligations in full.
11.2 The parties shall be governed by the current legislation of the Russian Federation on all issues not regulated by this Agreement.
11.3. Parties acknowledge that all notices, messages, agreements, documents and letters, sent using the authorized e-mail addresses and personal cabinet on the Executor's website (training site), are considered as sent and signed by the Parties, except for the cases when such letters do not explicitly state the opposite.
11.4. Authorized e-mail addresses of the Parties are recognized:
- For the Executor elenayatkina@gmail.com.
- For the Customer: the e-mail address provided when purchasing the Service.
11.5. Before receiving information from the Customer about the breach of confidentiality, all actions and documents, performed and sent by the Customer's authorized e-mail address and personal cabinet, even if such actions and documents were performed and sent by other persons, are considered performed and sent by the Customer. In this case, the Customer's rights and obligations, as well as liability, shall come to the Customer.
11.6. Until the moment of receiving from the Contractor information about the breach of confidentiality, all the actions and documents, performed and sent by his authorized e-mail address, even if such actions and documents were performed and sent by other persons, are considered to be performed and sent by the Contractor.
11.1 This Agreement comes into force from the moment of acceptance by the Customer in accordance with clause 1.3. Of this Agreement. The Agreement is valid until the parties fulfill their obligations in full.
11.2 The parties shall be governed by the current legislation of the Russian Federation on all issues not regulated by this Agreement.
11.3. Parties acknowledge that all notices, messages, agreements, documents and letters, sent using the authorized e-mail addresses and personal cabinet on the Executor's website (training site), are considered as sent and signed by the Parties, except for the cases when such letters do not explicitly state the opposite.
11.4. Authorized e-mail addresses of the Parties are recognized:
- For the Executor elenayatkina@gmail.com.
- For the Customer: the e-mail address provided when purchasing the Service.
11.5. Before receiving information from the Customer about the breach of confidentiality, all actions and documents, performed and sent by the Customer's authorized e-mail address and personal cabinet, even if such actions and documents were performed and sent by other persons, are considered performed and sent by the Customer. In this case, the Customer's rights and obligations, as well as liability, shall come to the Customer.
11.6. Until the moment of receiving from the Contractor information about the breach of confidentiality, all the actions and documents, performed and sent by his authorized e-mail address, even if such actions and documents were performed and sent by other persons, are considered to be performed and sent by the Contractor.
