- General Provisions
1.1. This document is an official public Offer of the Sole Proprietor Alexander Andreevich Zakharov (hereinafter referred to as the "Executor"), operating based on the certificate of state registration, and contains all the essential terms of services provided on the Executor's website https://andreevanata.com/
, its subdomains, and other resources owned by the Executor.
1.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter – RF CC), in case of acceptance of the terms below and payment for the services of the Offer Agreement, the legal or physical person accepting this Offer becomes the Customer (in accordance with paragraph 3 of Article 438 of the RF CC, acceptance of the Offer is equivalent to the conclusion of a contract on the terms set out in the offer), and the Executor and the Customer together – Parties (or separately – Party) of the Offer Agreement.
1.4. By accepting this Offer Agreement, the Customer expresses their agreement that these terms do not infringe on their legal rights.
2.Terms and Definitions
2.1. For the purposes of this Offer, the following terms and definitions are used in the following meanings:
Site — the aggregate of all pages of the website https://mkandreeva.ru
(including its subdomains).
Internet Resource — the aggregate of pages hosted on the Executor's server and forming a unified network of the site https://andreevanata.com/
Content — dynamically updated graphic, video, audio, or text modules embedded in the code of the Internet resource page, accessible for viewing and user interaction.
Offer Agreement — a contract between the Executor and the Customer for the provision of services, concluded by accepting the Offer.
Acceptance of the Offer — full and unconditional acceptance of this Offer Agreement by performing actions noted in part 4 of this Offer Agreement without any exceptions and/or limitations. Acceptance of the Offer is equivalent to concluding a bilateral written agreement.
Customer (Client) — a person who has accepted the Offer and thus becomes the Customer of the Executor's services under the concluded agreement.
Online Product — access to graphic, textual, audio, or video content located on the Site.
Cost of Goods/Services (price) — the current cost of the Executor's services, published on the Sites.
Service — the Executor's technical solution on the Internet resource, provided to the Customer for the purpose of fulfilling obligations under the concluded agreement.
Post — a user's informational message, including textual, graphic, audio, video, and other materials.
2.2. In this Offer, terms not defined in clause 2.1 may be used. In such a case, the interpretation of such a term is carried out in accordance with the text of this Offer Agreement. In the absence of an unambiguous interpretation of the term in the text of the Offer, the interpretation of the term should be guided by: first, on the Site and the Executor's Internet resource, and second, by the established usage on the Internet.
3.Subject of the Agreement
3.1. In accordance with the terms of this Public Offer Agreement, the Executor undertakes to provide information and consulting services as specified in clause 3.2 of this Offer Agreement, and the Customer agrees to accept and pay for the Executor's services in accordance with this Agreement and the Cost (price) set by the Executor.
3.2. The Executor's services are provided according to the online products chosen by the Customer, after the Customer has made the payment.
3.4. The Executor has the right to change the cost of services, the terms of this public offer without prior agreement with the Customer, and without any special notification. The new version of this Offer Agreement comes into force from the moment of its publication on the Site at the address indicated in this clause, unless otherwise provided by the new version of the Offer Agreement. The current version of the Offer Agreement is always available on the page at https://andreevanata.com/public-offer
4.Acceptance of the Offer and Conclusion of the Offer Agreement
4.1. The Customer accepts the Offer by selecting and paying the Executor for the cost of one or several online products, taking into account the price valid at the time of payment. The price of the online product is an integral part of this Public Offer Agreement, throughout the Acceptance Period, considering the terms of section 6 of this Agreement.
The Acceptance Period is the time frame from the moment the Executor issues an invoice for the payment of services, in accordance with the cost of the service, until the moment the Customer pays for the service either through online payment (by credit card, electronic money, mobile payment), or by bank transfer to the Executor’s account.
5.Rights and Obligations of the Parties
5.1. Obligations of the Executor:
5.1.1. Provide the Customer with the paid online products during the term of this Agreement.
5.1.2. Render services properly in accordance with this Agreement and the legislation of the Russian Federation.
5.1.3. Timely inform the Customer of changes in the terms of services provided under this Agreement, as well as about all situations requiring additional agreement.
5.1.4. Inform the Customer about the terms of service provision, involve third parties in fulfilling this obligation, while remaining fully responsible for their actions towards the Customer.
5.2. Rights of the Executor:
5.2.1. The Executor has the right to change the terms of this Public Offer Agreement without prior agreement with the Customer, ensuring the provision of services and publishing the modified terms on the Website at: https://andreevanata.com/public-offer
5.2.2. Demand payment for services in accordance with the terms of this Public Offer Agreement.
5.2.3. Unilaterally terminate this Agreement in case of the Customer's failure to fulfill obligations for timely payment of Services as stipulated in this Agreement, and/or in cases of violation by the Customer of the legislation of the Russian Federation when using the Services of the Internet resource, and in other cases, as well as in case of violation of clauses 5.3.3 and 5.5 of this Agreement, to terminate the Agreement and block access to the purchased online products.
5.2.4. Provide services with the involvement of third-party specialists, remaining responsible for their actions.
5.2.5. Conduct promotional campaigns in the manner prescribed by the Executor, in accordance with the legislation of the Russian Federation. The terms, duration, and procedure for conducting promotional campaigns are posted by the Executor at: https://andreevanata.com
and other websites owned by the Executor.
5.3. Obligations of the Customer:
5.3.1. The Customer undertakes to timely pay for and accept the services of the Executor in accordance with the terms of this Public Offer Agreement.
5.3.2. Comply with all conditions and requirements set forth in this Agreement and other documents posted on the Executor's websites.
5.3.3. Not to transfer their rights to use the Services of the Internet resource, services under the Offer Agreement to any third party without the written consent of the Executor.
5.3.4. The Customer agrees that the Executor may process and use the Customer's personal data in accordance with the Federal Law “On Personal Data” dated 27.07.2006 (hereinafter referred to as the “Law”) in various ways, including by conducting automated analysis of personal data, and agrees to their transfer to third parties for the purpose of fulfilling their obligations under this Agreement without limitation of the term of validity. This consent can be revoked by the Customer only under the condition of written notification to the Executor at least 30 (thirty) days before the anticipated date of cessation of data use by the Executor. By agreeing to the terms and accepting the conditions of this Offer by accepting the Offer, the Customer assures and guarantees to the Executor that:
184.108.40.206. Provide accurate personal data when paying for the Executor's services;
220.127.116.11. The Customer enters into the Offer Agreement voluntarily, while the Customer has fully acquainted themselves with the terms of the Offer, fully understands the subject of the Offer and the Offer Agreement, fully understands the significance and consequences of their actions concerning the conclusion and execution of the Offer Agreement;
18.104.22.168. The Customer possesses all rights and powers necessary to enter into and execute the Offer Agreement and to authorize the Executor's use of information and materials provided by the Customer for the provision of services for the purposes of executing the Offer Agreement;
22.214.171.124. The Customer possesses all necessary rights to enter into this Offer Agreement with the Customer.
126.96.36.199. The Customer agrees that any information voluntarily provided by them, including personal data, may be processed by the Executor for the purpose of fulfilling obligations in accordance with this Offer Agreement, without obtaining additional consent from the Customer and without paying any compensation for it. The Customer understands and agrees that the personal data provided by them during registration on the Site and/or otherwise communicated to the Executor will be processed by the Executor by all necessary means for the purposes of fulfilling obligations under this Offer Agreement and gives consent to such processing when Accepting the terms of this Offer.
5.3.5. The Customer undertakes not to provide knowingly false and illegal information in the materials and information transmitted to the Executor for the provision of services/posted via the Services of the Internet resource, as well as information prohibited by the Rules of using the Internet resource and the legislation of the Russian Federation, to monitor the relevance and accuracy of the information contained in them, to comply with the requirements of the current legislation for publicly posted information, to respect the rights of third parties (including intellectual).
5.3.6. Keep the password and login of their personal account on the Executor's Site, where Online Products will be stored and confidential information will be posted by the Executor, in a place inaccessible to third parties.
5.3.7. Independently and in a timely manner, in accordance with the Executor's technical requirements for the operating system, software, hardware, and internet connection of the Customer, check the technical feasibility of participating in online training and ensure the uninterrupted operation of the internet connection, equipment, and software on their side throughout the entire duration of viewing online products.
5.4. Rights of the Customer:
5.4.1. To receive services in accordance with the terms of this Offer.
5.4.2. To obtain necessary and accurate information about the Executor and the services provided by them.
5.4.3. To post publications on the Site in the form of a Review. For posting a Review, the Customer is obliged to provide the Executor with all necessary materials and information, including but not limited to text, photographs, means of individualization, etc. (hereinafter referred to as the Materials). When transferring the Materials, as stated in this clause, for posting a Review, the Customer, by granting (simple) non-exclusive license to the Executor (without compensation), consents to the use of the Review and its constituent Materials in the following ways on the Customer's Site: public display, reproduction, cable communication, making available to the public, making changes, reductions and additions, provision with illustrations, foreword, afterword, comments or any explanations (where applicable).
5.5. The Customer undertakes not to perform the following actions:
5.5.1. Distribute video or audio recordings of the training/course in any possible ways.
5.5.2. Distribute materials of online products in the form of a transcript, i.e., converting audio or video materials into textual format, and translating them into other languages.
5.5.3. Use information obtained from the Executor for commercial purposes, by retelling or disseminating knowledge and fundamentals acquired from the Executor.
5.5.4. Organize or conduct their own trainings or sessions based on the online products (trainings, webinars, etc.) of the Executor.
5.5.5. Transfer and/or provide access to the Executor's Online Products (including access to their personal account) to third parties or make the broadcasting program of Online Products available to any third parties.
5.5.6. Perform other actions not provided for in the Agreement, but constituting a criminal or administrative offense, or infringing the rights and legitimate interests of the Executor or third parties.
6.Terms and Procedure for Providing Services
6.1. Having registered on the Executor's Site, after accessing the Personal Account and familiarizing themselves with the list and cost of the Executor's online products posted on the Executor's websites, the Customer makes a request for services in electronic form on the Executor's Site by forming an order through the form on the Site.
6.2. After forming the order, the Customer pays for it using one of the provided methods: online card payment or bank transfer of funds to the Executor's bank account.
6.3. The Executor, in the shortest possible time, after receiving the order from the Customer and confirmation of payment for the selected service (online product) from the acquiring bank, provides the Customer with access to the selected and paid services (online products). By paying for the selected services (online products) of the Executor, the Customer thereby confirms the acceptance of the terms of this Public Offer Agreement.
6.4. After the Customer's payment (Acceptance of the Offer) and the crediting of funds to the Executor's account, this Public Offer Agreement comes into effect.
6.5. The Customer is obliged (if required) to make an advance payment for the services of the Executor in an amount not less than 50 (fifty) percent of the service cost.
6.6. In the event that the Customer notifies the Executor of their desire to terminate the Agreement, after making an advance payment, the Agreement is terminated at the request of the Customer, and the advance payment is not refunded.
6.7. Period of service provision: from the moment of receipt of funds to the Executor's account until the moment the Customer receives the selected online product. To receive the online product, the Customer must ensure the technical possibilities and conditions for receiving information from the Executor (Internet access, acceptable data transmission speed, etc.)
6.8. Services are considered to be properly provided in full if within 3 (three) days from the end of the service provision period, the Customer has not submitted any claim. In the absence of a claim, the services are considered to have been provided properly.
6.9. After the provision of services under the Agreement, the Parties have no claims against each other, except in cases of violation of the legislation of the Russian Federation.
7.Cost of Services and Payment Procedure under the Agreement
7.1. Payment for the Executor's services provided to the Customer is made in full (or based on an advance payment, in some cases, at least 50 (fifty) percent of the cost of the selected Services - to be discussed separately).
7.2. The calculation of the cost of services provided by the Executor is based on the prices set by the Executor on the websites.
7.3. Payment is made by the Customer by transferring funds to the Executor's account, by any convenient method listed.
7.4. For the purposes of this Public Offer Agreement, payment from the Customer is accepted:
7.4.1. in non-cash form from the Customer's settlement account to the Executor's settlement account;
7.4.2. through branches of Sberbank of the Russian Federation or other operating banks of the Russian Federation by receipt.
7.4.3. by means of online payment (by bank card).
7.5. Payment for services is made by the Customer at their discretion and without any responsibility of the Executor. Security, confidentiality, and other conditions of using the method/form of payment chosen by the Customer are beyond the scope of the Public Offer Agreement and are governed by agreements between the Customer and the relevant organizations (operators).
7.6. The Customer independently monitors changes in the Executor's details specified in this Agreement and bears responsibility for the correctness of their payments.
8.1. In the event of the termination of the Educational Agreement no later than the day of the first lesson of the Training Program, the Organization undertakes to refund the full cost to the Payer. The refund of the cost of education is made on the date of the application for the refund.
8.2. In the event of the termination of the Educational Agreement after the day of the first lesson of the Training Program, but before the end of the training, the Executor is obliged to refund the Customer the Refund Amount minus the cost of the conducted lessons. The start and end dates of the training are indicated on the Site.
8.2.1. The Refund Amount is determined as follows:
188.8.131.52. The formula for calculating the cost of one lesson in the Training Program: Y = X / N1, where Y – Cost of one lesson, X – Cost of the Training Program, N1 – the number of lessons in the Training Program,
184.108.40.206. The Refund Amount for the Training Program is calculated using the formula: Z = X - Y * N2, where Z – Refund Amount for the Training Program, Y – Cost of one lesson, X – Cost of the Training Program, N2 – the number of lessons conducted in the Training Program as of the date of the refund application;
9.Liability of the Parties
9.1. In case of non-fulfillment or improper fulfillment of obligations under this agreement, the Parties bear responsibility in accordance with the provisions of this Public Offer Agreement and the current legislation of the Russian Federation.
9.2. The Executor is not responsible for the impossibility of serving the Customer due to reasons beyond their control, including disruptions in communication lines, equipment malfunctions, failure of suppliers to fulfill their obligations for certain services, etc.
9.3. By paying for the Executor's services under the Offer Agreement, the Customer agrees to the terms of this Agreement and acknowledges that they are not entitled to demand any compensation from the Executor for moral, material damage, or harm caused to the Customer either during the term of this Agreement or after its expiration, except in cases expressly provided by the legislation of the Russian Federation.
9.4. Under no circumstances shall the Executor be liable under this Agreement for:
9.4.1. Any actions and/or inactions that are a direct or indirect result of the actions/inactions of any third parties;
9.4.2. Any indirect damages and/or lost profits of the Customer and/or third parties, regardless of whether the Executor could foresee the possibility of such damages or not;
9.4.3. The use (inability to use) and any consequences of the use (inability to use) by the Customer of the information received from the Executor;
9.4.4. Materials and information transferred by the Customer to the Executor for the provision of services and/or posted by the Customer through the Services of the Internet resource.
9.5. The total liability of the Executor under the Offer Agreement, for any claim or claim in relation to the Offer Agreement or its execution, is limited to the amount of the payment made by the Customer to the Executor under this Public Offer Agreement.
9.6. Without contradicting the above, the Executor is released from liability for breach of the terms of the Offer Agreement if such breach is caused by force majeure circumstances, including: actions of public authorities, fire, flood, earthquake, other natural disasters, absence of electricity, strikes, civil unrest, riots, any other circumstances, not limited to the listed ones, that may affect the Executor's performance of this Agreement.
9.7. Acceptance for posting and/or approval by the Executor of any Content and/or any changes to the Content under no circumstances implies confirmation by the Executor of the Customer's right and/or provision by the Executor to the Customer of the right to use in such Content the exclusive rights of third parties. The Customer bears all responsibility for such use and any consequences of such use independently.
9.8. The Parties have agreed that in contentious situations, they will communicate through the web interface on the Executor's Internet resource or by email, as specified on the Executor's website.
9.9. All disputes and disagreements are resolved through written negotiations between the Parties. If disputes and disagreements cannot be resolved through negotiations, they shall be addressed in accordance with the legislation of the Russian Federation.
9.10. In the event of claims being made against the Executor by third parties regarding materials and information transferred by the Customer to the Executor for the provision of services and/or posted by the Customer through the Services of the Internet resource, the Customer undertakes to resolve all such claims and disputes on their own and at their own expense, and to fully compensate the Executor for any damages incurred as a result of the Customer's transfer to the Executor and/or independent posting by the Customer through the Services of the Internet resource of materials and information that infringe the rights of third parties, current legislation of the Russian Federation.
10.Duration, Modification, and Termination of the Agreement
10.1. The Agreement comes into effect from the moment specified in clause 1.2 of this Public Offer Agreement and remains valid until the Executor fulfills the obligations to provide services to the extent corresponding to the payment made by the Customer under the Public Offer Agreement.
10.2. The Executor reserves the right to make changes to the Offer Agreement or revoke the Offer Agreement at any time at their discretion.
10.3. The Customer agrees and acknowledges that the introduction of changes to the Offer entails the incorporation of these changes into the concluded and effective Agreement between the Customer and the Executor, and these changes come into effect simultaneously with the entry into force of such changes in the Offer from the moment of their publication on the Site.
10.4. In the event of the Offer being revoked by the Executor during the term of the Offer Agreement, the Offer Agreement is considered terminated from the moment of the Offer’s revocation and until the fulfillment of the obligations of the Parties under the Offer Agreement.
10.5. The Executor may at any time unilaterally refuse to execute the Agreement in accordance with the legislation of the Russian Federation. The Executor may terminate the provision of services under this Agreement without paying any compensations in the event of detecting violations by the Customer of the legislation of the Russian Federation when using the Services of the Internet resource.
10.6. In case of violations of the terms of this Offer by the Customer, the funds are not refunded.
11.1. Information constituting a trade secret, obtained by the Parties from each other in the process of executing this Agreement, is confidential and shall not be disclosed to a third party by the Party that received it.
11.2. Information is considered confidential if: (1) it has commercial value due to its unknown status to third parties, there is no free access to it on a legal basis, and its holder takes measures to protect its confidentiality (trade secret); (2) other information that does not constitute a trade secret in accordance with the current legislation of the Russian Federation, but which the Parties have declared in writing to be confidential by marking the document of one of the Parties with the label "Confidential".
11.3. The Party, which is the holder of confidential information, grants the other Party access to information constituting a trade secret for the purpose of fulfilling obligations under this Agreement, provided that the confidentiality of this information is maintained. The other Party undertakes not to disclose it to third parties and not to use it for purposes other than fulfilling its obligations under this Agreement, without the prior written consent of the rights holder. This obligation to maintain confidentiality does not apply to information that is publicly available. The fact of cooperation between the Parties is information that can be freely disseminated by each Party.
12.1. Any notifications under the Offer Agreement may be sent by one Party to the other Party: by email to the Customer's email address specified during the order payment and notification of the Executor (or any other email address provided by the Customer), to the Executor's email address specified at the end of this Offer Agreement.
12.2. The non-exercise of any right under the Offer Agreement, authority or intention, provided for by the Offer Agreement, does not imply the Executor's waiver of the terms and conditions of the Offer Agreement in the event of a subsequent violation, nor a waiver of their rights to demand compliance with the terms of the Offer Agreement at any time thereafter.
12.3. The Offer Agreement represents the complete agreement between the Executor and the Customer. The Executor assumes no conditions and obligations regarding the subject of the Offer Agreement, except for those specified in the Offer Agreement, which govern the execution of the Offer Agreement, except in cases where such conditions or obligations are recorded in writing and signed by authorized representatives of the Executor and the Customer. If any terms of the Annexes or Additional Agreements to the Offer Agreement contradict the terms of the Offer, the provisions of the Offer shall prevail.
email : email@example.com