August 01, 2019
This document, permanently posted on the Internet at the network address: https://givinschool.org (hereinafter referred to as the Offer), is an offer of Individual Entrepreneur Sevostyanov Sergey Vyacheslavovich OGRNIP 318774600136482 (hereinafter referred to as the Contractor) to conclude an agreement with any interested individual or legal entity (hereinafter referred to as the Customer).
This document is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The acceptance of this Offer should be considered as the completion of the following actions:
By taking actions to accept this public Offer, the Customer (individual) confirms its legitimacy, authority, legal capacity, the age above 18 years, as well as the legal right to enter into a contractual relationship with the Contractor.
Performing actions on acceptance of this Offer, the Customer confirms the agreement to receive advertising mailing to the email address specified by him when registering on the Contractor's Website. The validity period of this consent is from the moment of acceptance of this Offer to the moment of withdrawal of the consent, sent to the Contractor's mailing address specified in Section 11 of the Service Agreement.
By taking actions to accept this public Offer, the Customer confirms that:
In this Agreement, unless otherwise expressly stated from its text, the following terms shall have the following meaning:
1.1. A webinar is a thematic performance of the Contractor, which takes place in the webinar room online for the Customer.
1.2. A webinar room is a web page to which a customer is invited to attend or listen to a webinar.
1.3. Methodical materials - a set of lecture notes, seminars, Webinars, presentations, graphs, tests, graphic images, assignments in text or any other form, as well as other information created and / or used by the Contractor in the framework of the provision of services.
1.4. Assignment - an assignment performed by the Customer independently to consolidate and develop the skills and knowledge acquired during training and verified by the Contractor to evaluate and adjust these skills and knowledge.
1.6. Platform - an automated system of conducting training process in an interactive mode, used by the Contractor to provide services under this Agreement.
1.7. All other terms that appear 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 relevant terms established on the Internet.
SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to provide the Customer with training services on the course in accordance with the terms of this Agreement.
2.2. A complete list of training courses, information on their composition, conditions, cost and procedure for conducting training are available on the Website.
THE PROCEDURE OF SERVICES
3.1. Training is carried out both in real time using the Internet and interactive systems (online training), and in live meetings (offline training).
3.2. Services are provided simultaneously to several customers. The maximum possible number of Customers in a particular training course is defined on the Website. The customer understands and accepts these terms of service.
3.3. The Contractor has the right to provide services both personally and with the help of third parties. The Contractor determines the need to attract third parties at its discretion.
3.4. The day of the beginning of the provision of services is considered the first day of training determined by the Contractor. The first day of training is the day of the first training event.
3.5. Training services on the course are considered to be provided on the last day of training. The last day of training is the day of the last training event.
3.6. The schedule of training events is determined by the Contractor at its discretion. Information about the schedule of training events, including the first and subsequent days of training, is posted by the Contractor in the appropriate section of the Website.
3.7. The parties came to an agreement that there is no need to sign the Acceptance and Transfer Certificate of the rendered services. Services are considered to be accepted by the Customer in full if, within three calendar days from the date of the training event or the last day of training, the Contractor does not receive the Customer’s claims regarding the quality or quantity of the services rendered. The claim procedure for dispute settlement is defined in Section 7 of this Agreement.
3.8. At the request of the Customer, the Contractor provides an Acceptance and Transfer Certificate for the services provided. The Customer’s request shall be sent to the Contractor within three calendar days from the date of the training event or the last day of training from the Customer’s email address indicated by him during registration on the Contractor’s website to the Contractor’s email address specified in Section 11 of this Agreement. The Contractor, having received the Customer’s request for the issuance of the Acceptance and Transfer Certificate of the services rendered, is obliged to send a scanned copy of the said Certificate signed on its Part, to the Customer’s email address specified by the latter when registering on the Contractor’s website within three business days. The Customer undertakes to print the received scanned copy of the Acceptance and Transfer Certificate of the services provided, sign on its part and send it to the Contractor with a response message within one business day from the receipt of the Certificate from the Сontractor. The Parties have agreed that a scan copy of the Acceptance and Transfer Certificate of the services provided has legal force and is equivalent by the Parties to a document drawn up on paper.
RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Customer has the right:
4.1.1. Receive selected and paid services in accordance with the terms of this Agreement.
4.1.2. Make decisions regarding the need to perform certain actions recommended by the Contractor as part of the provision of services under this Agreement.
4.1.3. Exercise other rights granted by applicable law and this Agreement..
4.2. The Customer is not entitled to:
4.2.1. Bypass technical restrictions established on the Platform or the Website.
4.2.2. To study the technology, decompile or disassemble the Site, intellectual property, any materials accessed by the Customer in connection with the execution of this Agreement.
4.2.3. Create copies of the Site, intellectual property, any materials accessed by the Customer in connection with the execution of this Agreement, as well as copy their external appearance (design).
4.2.4. Modify the Site, to perform actions aimed at changing the functioning and performance of the Site.
4.2.5. Provide third parties with access to the Contractor’s intellectual property, personal account and any materials accessed by the Customer in connection with the execution of this Agreement in the absence of direct written consent to such access from the Contractor.
4.2.6. Create derivative and similar training courses, distribute, transfer to third parties or otherwise partially or fully use the materials and content of the Website, Training materials.
4.2.7. Sell, assign the right of claim to the Contractor.
4.3. The Customer is obliged to:
4.3.1. Timely and independently study the Training materials, complete tasks, get acquainted with the information about the activities carried out by the Contractor and take part in them personally.
4.3.2. Follow the training schedule and follow the recommendations of the Contractor regarding training, taking into account clause 4.1.2. of this Agreement.
4.3.3. Timely provide a report on the completion of tasks in full and in the form established by the Contractor.
4.3.4. Communicate with the Contractor and other persons in the course of the execution of this Agreement correctly and respectfully.
4.3.5. Contact the Support Service via e-mail at: firstname.lastname@example.org if there are questions related to information about the services provided under this Agreement. The absence of Customer requests indicates that the Customer is familiar with the necessary and sufficient information for him about the services provided under this Agreement.
4.3.6. To receive the services, you should independently configure the software, hardware and Internet channel of your personal computer in such a way as to be able to freely use all the services of the telegram.org, google.com/drive/, zoom.us portals that are used during the provision of services.
4.3.7. To ensure uninterrupted operation of the Internet channel, hardware and software on its part in such a way as to be able to freely use all the services of the telegram.org, google.com/drive/, zoom.us portals that are used in the course of the provision of services.
4.3.8. Not to disclose to third parties, and also not to use in any other way (except for the purpose of fulfilling this Agreement) any information that became known to the Customer in connection with the conclusion and execution of this Agreement.
4.3.9. Fulfill other obligations stipulated by applicable law and the provisions of this Agreement.
4.4. The customer guarantees:
4.4.1. Providing the Contractor with complete and reliable data when filling out the registration form on the Website. In the case that the Customer indicates inaccurate or incomplete data, the Contractor shall not be liable to the Customer for providing any information per the wrong data not to the Customer, but to third parties, even if they contain part of the Customer’s personal data.
4.4.2. Provide the Contractor, as well as its representatives: the instructor and the curator, with complete and reliable information about the state of health (that participant does not suffer from alcohol addiction, does not take psychotropic drugs or narcotics, does not suffer from mental illness, does not undergo psychotherapy, is not registered in a narcological or neuropsychiatric dispensary, about the presence of chronic, infectious, skin and other past diseases) before leaving the place of residence to the place of the Event, as well as on the date start of the event.
4.4.3. The software and equipment used by him for training (personal computer) meet the following technical requirements: A processor with a frequency of 1.5 GHz or more, RAM memory of at least 4 GB, a hard disk of at least 128 GB, a monitor of 10 inches or more with a resolution of 1440 * 900 dots (pixels), Windows 7+ or Mac OS X from 10.7+, Google Chrome browser latest version.
4.5. The Contractor has the right:
4.5.1. Not to start the provision of services or to suspend the provision of services until the relevant violation has been remedied if any of the following grounds exist:
- violation by the Customer of the terms and other terms of payment for services under this Agreement;
- the provision by the Customer of false information when registering on the Website;
- violation by the Customer of clause 4.2. , clause 4.3. of actual Agreement.
4.5.2. Exercise other rights provided by applicable law and the provisions of this Agreement.
4.6. The Contractor is obliged:
4.6.1. Provide the services paid by the Customer in an appropriate and full manner in accordance with the terms of this Agreement.
4.6.2. Fulfill other obligations stipulated by applicable law and the provisions of this Agreement.
4.7.The Contractor does not guarantee compliance of the content of the services provided under this Agreement with the expectations of the Customer.
5.1. The Contractor is not responsible for the inability to provide services involving online training to the Customer for reasons related to the disruption of the Internet channel, equipment or software of the Customer, as well as for any other reasons that prevent the Customer from receiving services that arose due to the fault of the Customer.
5.2. The customer is responsible for the disclosure of information that has become known to him in connection with the conclusion and execution of this Agreement (clause 4.3.8. Of this Agreement). The Customer is obliged to reimburse the Contractor for all expenses and losses that the latter incurred or will be forced to incur in connection with the violation by the Contractor of the obligations assumed under this Agreement.
5.3. All responsibility for the illegal use of information accessed by the Customer in connection with the execution of this Agreement shall be lies with the Customer.
5.4. The Contractor is not responsible for the actions of banks, electronic payment systems that provide payment and refunds at the conclusion, execution and termination of this Agreement.
COST AND PAYMENT PROCEDURE FOR THE SERVICES PROVIDED
6.1. The cost of training services is determined by the Contractor unilaterally in Russian rubles and is indicated on the Contractor's website.
6.2. The Contractor's remuneration under this Agreement is paid by the Customer in the form of 100% one-time payment of the cost of the chosen training course before the start of training.
6.3. The Contractor has the right to place in the corresponding section of the Site the day after which payment for a certain course of a certain flow is not accepted by the Contractor.
6.4. Payment is made using electronic payment systems according to the rules of the respective electronic payment systems and processing companies. The moment of payment is considered the moment of a positive result of payment authorization in the selected payment system.
6.5. The Contractor has the right to set various discounts on the cost of services provided.
6.6. The Contractor has the right to unilaterally change the prices of the services provided, information about which is posted on the Contractor's Website. The date of entry into force of new prices and payment terms is the date of their posting on the Site.
6.7. The Customer understands and agrees that if from the moment of registration of the Customer on the Contractor’s website until the actual payment by the Customer of services of the training course, the cost of services has been increased by the Contractor and published on the Contractor’s website, then the Customer agrees to pay the new cost of services or refuse from the conclusion of this Agreement.
DISPUTE SETTLEMENT PROCEDURE
7.1. Claims of the Customer for the services provided are accepted by the Contractor for consideration in electronic form. The Customer shall sends a scanned copy of the personally signed claim from the email address which he indicated during registering on the Website to the Contractor's email address: email@example.com.
7.2. The Contractor, in case of non-performance or improper performance by the Customer of the obligations assumed by him under this Agreement, is entitled to send the claim by e-mail from the address indicated in Section 11 of this Agreement.
7.3. The party that received the claim is obliged to give an answer to it within ten calendar days from the date of receipt.
7.4. Claims sent to the Contractor shall be considered within the framework of the current legislation of the Russian Federation.
7.5. The pre-trial claim procedure for dispute settlement is mandatory for the Parties.
7.6. If an agreement is not reached, the dispute is referred to the court in accordance with the current legislation of the Russian Federation.
AMENDMENT, TERMINATION OF THIS AGREEMENT
8.1. The Contractor reserves the right to change or supplement any of the terms of this Agreement at any time, posting all changes on its website. If the published changes are unacceptable to the Customer, then he must notify the Contractor in writing within 7 days from the date of publication of the changes. If no notice has been received, then it is considered that the Customer continues to participate in the contractual relationship on the new conditions.
8.2. The parties have the right to terminate this Agreement by mutual consent at any time until its actual execution.
8.3. Guided by part 4 Article. 421, para. 782, Art. 783, Art. 717 of the Civil Code of the Russian Federation, the Parties established the following conditions and procedure for the early termination of this Agreement in the event of unilateral refusal by the Customer to execute it:
8.3.1. If the Customer wishes to terminate this Agreement, he is obliged:
126.96.36.199. notify the Contractor in writing (in a way that allows you to confirm the delivery of the message to the addressee) at the address indicated in Section 11 of this Agreement. This Agreement shall be deemed terminated upon receipt by the Contractor of the Customer's Notice of unilateral refusal to execute this Agreement;
188.8.131.52. reimburse the Contractor actually incurred expenses related to the provision of services under this Agreement, including:
- eрexpenses on the software used by the Contractor in the course of training or payment for third party services;
- Contractor expenses for the organization of training events in the offline mode;
- commissions of banking, credit organizations and relevant payment systems for the implementation of a refund;
- other expenses incurred by the Contractor in the process of providing services under this Agreement.
The specific amount of actual expenses is determined by the Contractor independently.
8.4. This Agreement may be terminated at the initiative of the Contractor in case of violation by the Customer of clause 4.2., 4.3. actual Agreement.
8.5. Termination of this Agreement unilaterally due to the refusal of its execution by the Contractor on the basis provided for in clause 8.4. of this Agreement, occurs by notifying the Customer by sending a message to the email address indicated by him when registering on the Contractor's website. Funds paid to the Contractor are non-refundable and are withheld by the Contractor as a fine for improper performance of the terms of this Agreement. This Agreement is considered terminated from the moment of sending the relevant notification by the Contractor.
8.6. This Contract may be terminated by the Contractor unilaterally in the event that the Customer distributes the Contractor’s inaccurate, defamatory or harmful to business reputation and the services provided by it information, in any way, including the distribution of this information (including in the form of publishing correspondence with the Contractor, its employees or representatives) to Internet: in social networks, in instant messengers through any kind of newsletters, etc. In the event that the Contractor detects a fact of such behavior of the Customer, this Agreement is terminated, about which the Customer is notified by the Contractor by e-mail address provided by the Customer during registering on the Site or paying for the Service Package. The funds paid to the Contractor are non-refundable. This Agreement is considered terminated from the day the Contractor sends the corresponding message.
TERRITORY AND DURATION OF THIS AGREEMENT
9.1. This Agreement is valid from the date of its conclusion, which is considered the date of acceptance of the Offer by the Customer, until the date on which the Parties fulfill the obligations assumed under this Agreement.
9.2. This Agreement is valid on the territory of all countries of the world and in the interactive information network Internet.
10.1. Exclusive and personal non-property rights to the Website and any results of intellectual activity posted on the Site, as well as all materials accessed by the Customer at the conclusion and execution of this Agreement, belong to the Contractor (or to third parties that have granted the Contractor the right to use them) and are protected by the current Legislation of the Russian Federation.
10.2. Any information accessed by the Customer in connection with the receipt of services under this Agreement may not be copied, transferred to third parties, replicated, distributed, transmitted, published in electronic, "paper" or other form without additional agreements or the official written consent of the Contractor.
10.3. The Contractor has the right to assign the right to transfer debts for all obligations arising from this Agreement. The Customer hereby agrees to the assignment of rights and transfer of debt to any third parties. The Contractor shall inform the Customer about the assignment of rights and/or transfer of debt by sending an appropriate message to the customer's e-mail address specified by him / her during registration on the Website.
10.4. Electronic document management at the email addresses indicated by the Contractor in this Agreement, indicated by the Customer in the Application for registration, is equated by the Parties to document management on paper, unless otherwise expressly provided in the text of this Agreement.
10.5. For all matters not regulated by this Agreement, the Parties shall be governed by the current legislation of the Russian Federation.
IE Sevostyanov Sergey Vyacheslavovich
Address: 119034, Russian Federation, Moscow, ul. Dmitrievskogo, house 23, building 1, apt. 124
Working hours: Mon-Fri 10:00 — 17:00