- General Provisions
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.
1.3. The use of the Services of the Internet resource, as well as the provision of services by the Executor, are regulated by this Offer Agreement and the Privacy Policy (clause 10 of the Agreement), which are integral parts of this Offer.
1.4. By accepting this Offer Agreement, the Customer expresses their agreement that these terms do not infringe on their legal rights.
1.5. In light of the above, please carefully read the text of this public Offer and the Privacy Policy. If you do not agree with their terms or any part of them, the Executor suggests that you refrain from concluding this public Offer Agreement and using the Executor's services.
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.
3.3. The Public Offer Agreement and the Privacy Policy are official documents and are published on the Executor's Internet resource.
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:
5.3.4.1. Provide accurate personal data when paying for the Executor's services;
5.3.4.2. 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;
5.3.4.3. 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;
5.3.4.4. The Customer possesses all necessary rights to enter into this Offer Agreement with the Customer.
5.3.4.5. 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.Refund
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:
8.2.1.1. 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,
8.2.1.2. 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.Confidentiality
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.Other Terms
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 : andreevaonlinemk@gmail.com
General provisions.
1.1. This document is an official public offer of Alexander Andreyevich Zakharov IE (hereinafter referred to as the "Contractor") acting on the basis of the certificate of state registration and containing all the significant terms of services on the Contractor's website https://andreevanata.com/ , its sub-domains as well as other resources belonging to the Contractor.
1.2 In accordance with p. 2 art. 437 of the Russian Federation Civil Code (hereinafter - the Civil Code) in case of acceptance of the conditions of the Offer and payment for services in the Offer Agreement a legal or a natural person who accepts this Offer shall become a Customer (in accordance with p. 3 art. 438 of the Civil Code, acceptance of the Offer is tantamount to making an agreement in terms stated in the Offer), and the Contractor and the Customer together - the Parties (and separately - the Parties) to the Offer Agreement.
1.3. The use of the Internet resource services, as well as providing services by the Contractor is regulated by this Agreement of the Offer and by the Privacy Policy (p.10 of the Agreement), which are the integral parts of this Offer.
1.4. By accepting this Agreement the Customer agrees that these conditions are not prejudicial to his legal rights.
1.5 In connection with the above, please carefully read the text of this public offer and the Privacy Policy. If you do not agree with their conditions or any paragraph of their conditions, the Contractor invites you to refuse to enter into this Public Offer Agreement and use the services of the Contractor.
2 Terms and Definitions
2.1 For the purposes of this Offer, the following terms and definitions are used with the following meaning:
Website - the aggregate of all pages of the https://mkandreeva.ru website (including their subdomains).
Internet resource - an aggregate of pages located on the Executor's server and forming a single network of the website https://andreevanata.com .
Content - dynamically updated graphic or video, audio or text modules, embedded in the code of the Web resource pages, available for viewing and performing actions by Users.
Offer - an agreement between the Contractor and the Customer on services provision, which is concluded by the Offer acceptance.
Offer acceptance - full and unconditional acceptance of this Offer Agreement by taking actions, mentioned in part 4 of this Offer Agreement, without any exceptions and/or limitations. The acceptance of the Offer is tantamount to the conclusion of a bilateral written agreement.
Customer (Customer) - a person who accepts the Offer and thus becomes a Customer of the Contractor's services under this Agreement.
Online Product - access to graphic, text, audio or video content on the Site.
Cost of goods/service (price) - the current cost of Executor's services published on the Sites.
Service - the Executor's technical solution on the Internet resource, provided to the Customer to fulfill obligations under this Agreement.
Post - user's information message, which includes text, graphic, audio, video and other materials.
2.2 In this Offer may be used terms that are not defined in clause 2.1. In this case, the interpretation of such a term is made in accordance with the text of this Offer Agreement. In case there is no unambiguous interpretation of a term in the text of the Offer, one should follow the interpretation of the term: firstly - on the Website and the Contractor's Internet resource, secondly - prevailing in the Internet.
3. Subject of the Agreement
3.1. Under the terms of this Agreement the Contractor shall provide information and consulting services in accordance with paragraph 3.2. of this Agreement the Offer, and the Customer agrees to accept and pay for services of the Contractor in accordance with this Agreement and the Contractor's cost (price).
3.2 Provider's services are rendered according to the online products of the Provider chosen by the Customer after payment is made by the Customer.
3.3 Public offer agreement and Privacy policy - are official documents and are published on the official website of the Provider.
3.4 Contractor has the right to change the cost of services, terms of this public offer without prior approval by the Customer, and without any special notice. New edition of the Agreement of the Offer will enter into force from the moment of its posting on the site specified in this paragraph, if otherwise is not provided by the new edition of the Agreement of the Offer. The current version of the Offer Agreement is always available at https://andreevanata.com/public-offer
4 Acceptance of the Offer and conclusion of the Offer Agreement
4.1 The Customer makes the acceptance of the Offer by choosing and paying to the Contractor the cost of one or more online products, taking into account the price in force at the time of payment. Price of online products is an integral part of this Agreement public offer, during the Acceptance period, subject to the conditions of section 6 of this Agreement.
Period of Acceptance is a period of time from the date of the Contractor's invoice for payment for services, in accordance with the cost of the service, to the date of payment by the Customer service through online payment (bank card, electronic money, mobile payment) or through a bank transfer to the account of the Contractor.
5. Rights and obligations of the Parties
5.1 Duties of the Executor:
5.1.1 During the term of this Agreement to provide the Customer with online products paid for by the Customer.
5.1.2 Provide services properly in accordance with this Agreement and the legislation of the Russian Federation.
5.1.3 Timely inform the Customer about changes in the terms and conditions of the services provided under this Agreement, as well as all situations requiring additional approval.
5.1.4 To inform the Customer about conditions of rendering services, to attract third parties for fulfillment of this obligation remaining fully responsible before the Customer for their actions.
5.2 Rights of the Executor:
5.2.1 Contractor has the right to change the terms and conditions of this Agreement of the public offer without prior approval by the Customer, while ensuring the performance of services and publication of amended conditions on the website at: https://andreevanata.com/public-offer.
5.2.2. Require payment for services in accordance with the terms of this Agreement of the public offer.
5.2.3. Unilaterally terminate this Agreement in case of Customer's default on timely payment for Services in the order provided by this Agreement and/or in case of Customer's violation of Russian Federation legislation when using Services of Internet resource and other cases, as well as in case of violation of paragraphs 5.3.3 and 5.5 of this Agreement to terminate the Agreement and to block access to the purchased online-products.
5.2.4 Provide services using external specialists, remaining responsible for their actions.
5.2.5 Conduct promotions in the manner prescribed by the Contractor, in accordance with the laws of the Russian Federation. Conditions, terms and procedure of carrying out promotions are posted by the Executor at: https://andreevanata.com and other websites owned by the Executor.
5.3 Duties of the Customer:
5.3.1. Customer undertakes in a timely manner in accordance with the terms of this Agreement of the public offer to pay and accept services of the Contractor.
5.3.2. Fulfill all conditions and requirements stated in this Agreement and other documents posted on the Executor's website.
5.3.3. not to pass his rights to use the services of the Internet resource, services to the Offer Agreement to any third party in the absence of written consent of the Contractor.
The Customer agrees that the Contractor may process and use the Customer's personal data according to the Federal law "About personal data" from July 27th, 2006 (hereinafter - "law") by different ways, including the automated analysis of the personal data, and also agrees to its transfer to the third parties with the aim to fulfill its obligations to the present Agreement without limitation of its duration. This consent may be withdrawn by the Customer only upon written notice to the Contractor at least thirty (30) days prior to the intended date of termination of the Contractor's use of the data. By agreeing to and accepting the terms and conditions of this Offer by accepting the Offer, Customer represents and warrants to Contractor that:
5.3.4.1. Specify accurate personal information when paying for the Contractor's services;
5.3.4.2. the Customer concludes the Offer Agreement voluntarily, and the Customer fully reads the terms and conditions of the Offer, fully understands the subject of the Offer and the Offer Agreement, fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Offer Agreement;
5.3.4.3. the Customer has all rights and powers necessary for conclusion and execution of the Offer Agreement and for permitting the Contractor to use the information and materials provided by the Customer for services in order to perform the Offer Agreement;
5.3.4.4. the Customer has all necessary rights to conclude this Offer Agreement with the Customer.
5.3.4.5. The Customer agrees that any information voluntarily provided by him, including personal data, can be processed by the Contractor in order to fulfill obligations under this Offer Agreement, without obtaining additional consent of the Customer and without paying him any remuneration for this. The Customer understands and agrees that the personal data indicated by him when registering on the Website and/or otherwise communicated to the Contractor, will be processed by the Contractor by all means necessary to perform obligations under this Agreement of Offer and gives consent to such processing when accepting the terms of this Offer.
5.3.5 The Customer undertakes not to indicate knowingly false and illegal information in materials and information transferred to the Contractor to provide services / posted through the Services of the Internet resource, as well as information prohibited by the Rules of the Internet resource and the legislation of the Russian Federation, to monitor the relevance and reliability of the information contained in them, to comply with the requirements of applicable law to the publicly posted information, to observe the rights of third parties (including the intellectual).
5.3.6. To keep inaccessible to third parties password and login to his personal account from the Executor's site, where Online-products will be stored and Executor will place the confidential information.
5.3.7 Independently and in advance, according to the Executor's technical requirements to the operating system, software, hardware and Internet connection of the Customer, to check the technical possibility of participation in the online training and to ensure uninterrupted operation of the Internet connection, equipment and software on their part during the whole time of viewing the 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 Receive necessary and reliable information about the Executor and its services.
5.4.3. Publish the Review publications on the Web-site. In order to post the Review, the Customer undertakes to provide the Contractor with all necessary materials and information, including but not limited to the text, photographs, means of individualization, etc. (hereinafter referred to as the Materials). When sending the Materials as described in this paragraph to post a Review, the Customer, by granting a (simple) non-exclusive license to the Contractor (without compensation), consents to the use of the Review and the Materials therein by the following means of use on the Customer's Site: public display, reproduction, broadcasting, making available to the public, changes, cuts and additions, providing illustrations, a foreword, an afterword, commentary or explanations of any kind (when applicable), and by providing a copy of the materials.
5.5 The Customer undertakes not to do the following:
5.5.1. distribute the video, audio recording of the training / course in any of the possible ways;
5.5.2. distribute materials of online products in the form of transcription, i.e. translation of audio or video materials into text format, and translation into other languages;
5.5.3. to use the information received from the Contractor for commercial purposes, by retelling or distributing the knowledge and basics received from the Contractor;
5.5.4. to organize or conduct own trainings or classes based on the online products (trainings, webinars, etc.) of the Contractor.
5.5.5. to transfer and/or provide access to the Executor's Online-products (including access to the personal cabinet) to the third parties or make the broadcasting program of Online-products available to any third parties;
5.5.6. perform other actions not stipulated by the Agreement, but containing elements of a criminal or administrative offense, or violating the rights and legitimate interests of the Contractor or third parties.
6. Terms and procedure of rendering services
6.1. After registration on the Executor's site, after transition to the Personal profile and after familiarization with the list and cost of the Executor's online products on the Executor's sites, the Customer shall make an application for services in electronic form on the Executor's site by creating an order through the form on the site.
6.2 After creating an order, the Customer pays for it by one of the provided ways: online payment by card or bank transfer to the Executor's account.
6.3 The Executor, as soon as possible after receiving the order from the Client and confirmation of payment for the chosen service (online product) from the bank-acquirer, gives the Client access to the chosen and paid services (online products). By paying for the selected services (online-products) of the Contractor, the Customer thus confirms the acceptance of the terms and conditions of this Agreement of the public offer.
6.4 After the Customer makes a payment (the Acceptance of the Offer) and transfers money to the account of the Contractor, this Agreement of the public offer will come into force.
6.5 Customer is obligated (if provided) to make an advance payment for services rendered by the Contractor in the amount of not less than 50 (fifty) percent of the cost of services.
6.6 If the Client notifies the Contractor about his wish to terminate the Agreement after the advance payment has been made, the Agreement will be terminated upon Client's request, in which case the advance payment is not refunded.
6.7 Term of service rendering: from the moment of money receipt on the Contractor's account till the moment of receipt of the chosen online-product by the Customer. To get the online-product the Customer must provide technical capabilities and conditions to receive information from the Executor (Internet access, an acceptable data transmission speed, etc.).
6.8 Services are considered to be rendered properly and in full if within 3 (three) days after the end of the period of rendering services the Customer has not made a claim. If there is no claim, the services are considered as duly rendered.
6.9. The Parties have no claims to each other after the provision of services under the Agreement, except for cases of violation of the laws of the Russian Federation.
7. Cost of services and procedure of payments under the Agreement
7.1 Payment for services rendered by Executor to Customer is made in full (or on the basis of prepayment, in some cases not less than 50 (fifty) per cent of the cost of selected Services - to be discussed separately).
7.2 Calculation of the cost of the services rendered by the Executor is made on the basis of the prices, put by the Executor on the sites.
Payment is made by the Customer by transfer of money funds to Executor's account in any convenient for the Customer way from listed in paragraph 7.3. of this Agreement. 7.4.
7.4. For the purposes of this Agreement public offer payment from the Customer is accepted:
7.4.1. in non-cash form from the Customer's account to the operating account of the Contractor;
7.4.2. through branches of the Sberbank of the Russian Federation or other existing banks of the Russian Federation by a receipt.
7.4.3. by means of online payment (by a bank card).
7.5 Payment for the services is done by the Customer at his own discretion and without any liability of the Executor. Security, confidentiality, and other conditions of use of method / form of payment selected by Customer are beyond the scope of the Agreement of the public offer and regulated by contracts between the Customer and relevant organizations (operators).
7.6 The Customer independently monitors the change of details of the Contractor specified in this Agreement and is responsible for the correctness of payments made by him.
8. Returns
8.1. In the case of termination of the Educational Agreement no later than the day of the first lesson of the training program, the Organization is obliged to return the full cost to the Payer. Refund of the cost of education is made on the date of the application for refund.
8.2 In case of termination of the Educational Agreement later than the date of the first class on the training program, but before the end of training, the Contractor shall return to the Customer the refund amount less the cost of the classes. Dates of the beginning and end of the training are indicated on the Website.
8.2.1 The refund amount is determined in the following order:
8.2.1.1 The formula for calculating the cost of one lesson of the training program: Y = X / N1, where Y - Cost of training for one lesson, X - Cost of training for the training program, N1 - number of lessons on the training program,
8.2.1.2 The amount of refund for the training program is calculated by the formula: Z = X - Y * N2, where Z - Refund Amount for the Training Program, Y - Training Cost per session, X - Training Cost for the Training Program, N2 - number of sessions conducted in the Training Program on the date of application for refund;
9. Responsibility of the Parties
9.1 In case of non-performance or improper performance of obligations under this Agreement the Parties shall be liable in accordance with the provisions of this Public Offer Agreement and the current legislation of the Russian Federation.
9.2 Contractor shall not be liable for impossibility to serve the Customer for any reasons beyond its control, including failure of communication lines, equipment malfunction, failure of suppliers of certain services, etc.
9.3 By paying the Contractor's services under the Offer Agreement, the Customer agrees with the terms of this Agreement and that he has no right to demand from the Contractor any compensation for moral, material damage or harm caused to the Customer both during the term of this Agreement and after its expiration, except in cases directly provided by the legislation of Russian Federation.
9.4 The Contractor shall under no circumstances be liable under this Agreement for:
9.4.1. any acts and/or omissions resulting directly or indirectly from acts/inactions of any third parties;
9.4.2. any indirect damages and/or loss of profit of the Customer and/or third parties irrespective of whether the Executor could have foreseen the possibility of such damages or not;
9.4.3. use (impossibility to use) and any consequences of use (impossibility to use) of the information received from the Contractor by the Customer;
9.4.4. Materials and information transferred by the Customer to the Contractor to provide services and / or posted by the Customer through the Services of the Internet resource.
9.5 Aggregate liability of the Contractor under the Agreement of the Offer, on any claim or complaint about the Agreement of the Offer or its execution is limited by the sum of the payment paid to the Contractor by the Customer under this Agreement of the public offer.
9.6 Without entering into contradiction to the above mentioned, the Contractor is exempted from liability for breach of conditions of the Agreement of the Offer if such breach is caused by force majeure circumstances (force majeure), including: actions of public authorities, fire, flood, earthquake, other natural disasters, lack of electricity, strikes, civil unrest, riots, any other circumstances, not limited to those that may affect the Contractor to fulfill this Agreement.
9.7 Acceptance for placement and/or approval by the Contractor of any Content and/or any changes in the Content under any circumstances does not mean confirmation by the Contractor of the right of the Customer and/or provision by the Contractor to the Customer of the right for any use of objects of exclusive rights of third parties in such Content. All responsibility for such use and any consequences of such use shall be borne by the Customer.
The parties have agreed that in case of disputable situations they will communicate through the web-interface on the Executor's website or by e-mail indicated on the Executor's website.
9.9. All disputes and disagreements shall be resolved by written negotiations of the Parties. In case the disputes and differences cannot be settled by negotiations - in accordance with the legislation of the Russian Federation.
9.10. In case of claims to the Executor from third parties in respect of materials and information transferred by the Client to the Executor to provide services and / or posted by the Client through Services of the Internet resource, the Client agrees to settle all such claims and disputable issues by its own efforts and at its own expense, and also to compensate the Executor in full damage caused by the transfer by the Client to the Executor and / or posting by the Client through the Services of the Internet resource materials
10. Term of validity, change, termination of the Agreement
Agreement comes into force from the moment specified in paragraph 1.2. of this Agreement of the public offer, and shall remain in force until the Contractor fulfillment of obligations to provide services in the amount corresponding to the amount of payment made by the Customer to the Agreement of the public offer.
10.2 Contractor reserves the right to make changes to the Agreement of the Offer or withdraw from the Agreement of the Offer at any time at its discretion.
10.3 The Customer agrees and admits that making changes in the Offer entails making these changes in the public Offer Agreement concluded and in force between the Customer and the Contractor, and these changes shall take effect simultaneously with the entry into force of such changes in the Offer from their publication on the Website.
10.4 In case of withdrawal of the Offer by the Contractor during the term of the Offer Agreement the Offer Agreement is considered to be terminated from the moment of withdrawal of the Offer and until fulfillment of obligations of the Parties under the Offer Agreement.
10.5 The Contractor shall have the right to unilaterally withdraw from the Agreement at any time in accordance with the legislation of the Russian Federation. The Contractor has the right to terminate the provision of services under this Agreement without paying any compensation in case of detection of violations of the legislation of the Russian Federation by the Customer when using the services of the Internet resource.
10.6 If the Customer violates the terms of this Offer, the funds will not be refunded.
11. Confidentiality
11.1 Commercially sensitive information, received by the Parties from each other in the course of the present Agreement execution, is confidential and not subject to disclosure by the Party, which received it, to the third party.
(1) information which constitutes commercial value by virtue of its being unknown to the third parties, to which there is no free access on lawful grounds and which owner takes measures to protect its confidentiality (commercial secret); (2) other information which does not constitute commercial secret in accordance with the current legislation of the Russian Federation, but in respect of which the Parties have declared in writing that it is confidential by putting a mark "Confidential" on the document
11.3. the Party which is the owner of the confidential information, gives to the other Party access to the information being the trade secret, for the purpose of fulfillment of obligations under this Agreement on condition of confidentiality of this information. The other Party undertakes not to disclose it to third parties, as well as not to use it for any purposes other than to perform its obligations under this Contract, without the prior written consent of the right holder. This obligation of confidentiality does not apply to information which is publicly available. The fact of cooperation of the Parties is information which can be freely distributed by each Party.
12. Other conditions
12.1. Any notices under the Agreement of the Offer can be sent by one Party to the other: by e-mail to the Customer's e-mail indicated when he paid the order and notified the Executor (or any other e-mail address provided by the Customer), to the Executor's e-mail indicated at the end of this Agreement of the Offer;
12.2 Failure to exercise one or another right within the Offer Agreement, the power or the intention provided by the Offer Agreement does not mean a refusal of the Contractor from the terms and conditions of the Offer Agreement in case of the following violation, nor a refusal of his rights to demand compliance with the Offer Agreement at any time thereafter.
12.3 The Offer Agreement is a complete agreement between the Contractor and the Customer. The Contractor does not assume any conditions and obligations in relation to the subject of the Offer Agreement, except for those specified in the Offer Agreement, which regulates the execution of the Offer Agreement, except when such conditions or obligations are recorded in writing and signed by the authorized representatives of the Contractor and the Customer. In case any terms and conditions of the Appendices or Additional Agreements to the Offer Agreement contradict the terms and conditions of the Offer, the provisions of the Offer will prevail.
13. Details of the Contractor
Individual entrepreneur Alexander Andreevich Zakharov
OGRNIP 319332800035287
IRN 3332898789406
email : andreevaonlinemk@gmail.com
1.1. This document is an official public offer of Alexander Andreyevich Zakharov IE (hereinafter referred to as the "Contractor") acting on the basis of the certificate of state registration and containing all the significant terms of services on the Contractor's website https://andreevanata.com/ , its sub-domains as well as other resources belonging to the Contractor.
1.2 In accordance with p. 2 art. 437 of the Russian Federation Civil Code (hereinafter - the Civil Code) in case of acceptance of the conditions of the Offer and payment for services in the Offer Agreement a legal or a natural person who accepts this Offer shall become a Customer (in accordance with p. 3 art. 438 of the Civil Code, acceptance of the Offer is tantamount to making an agreement in terms stated in the Offer), and the Contractor and the Customer together - the Parties (and separately - the Parties) to the Offer Agreement.
1.3. The use of the Internet resource services, as well as providing services by the Contractor is regulated by this Agreement of the Offer and by the Privacy Policy (p.10 of the Agreement), which are the integral parts of this Offer.
1.4. By accepting this Agreement the Customer agrees that these conditions are not prejudicial to his legal rights.
1.5 In connection with the above, please carefully read the text of this public offer and the Privacy Policy. If you do not agree with their conditions or any paragraph of their conditions, the Contractor invites you to refuse to enter into this Public Offer Agreement and use the services of the Contractor.
2 Terms and Definitions
2.1 For the purposes of this Offer, the following terms and definitions are used with the following meaning:
Website - the aggregate of all pages of the https://mkandreeva.ru website (including their subdomains).
Internet resource - an aggregate of pages located on the Executor's server and forming a single network of the website https://andreevanata.com .
Content - dynamically updated graphic or video, audio or text modules, embedded in the code of the Web resource pages, available for viewing and performing actions by Users.
Offer - an agreement between the Contractor and the Customer on services provision, which is concluded by the Offer acceptance.
Offer acceptance - full and unconditional acceptance of this Offer Agreement by taking actions, mentioned in part 4 of this Offer Agreement, without any exceptions and/or limitations. The acceptance of the Offer is tantamount to the conclusion of a bilateral written agreement.
Customer (Customer) - a person who accepts the Offer and thus becomes a Customer of the Contractor's services under this Agreement.
Online Product - access to graphic, text, audio or video content on the Site.
Cost of goods/service (price) - the current cost of Executor's services published on the Sites.
Service - the Executor's technical solution on the Internet resource, provided to the Customer to fulfill obligations under this Agreement.
Post - user's information message, which includes text, graphic, audio, video and other materials.
2.2 In this Offer may be used terms that are not defined in clause 2.1. In this case, the interpretation of such a term is made in accordance with the text of this Offer Agreement. In case there is no unambiguous interpretation of a term in the text of the Offer, one should follow the interpretation of the term: firstly - on the Website and the Contractor's Internet resource, secondly - prevailing in the Internet.
3. Subject of the Agreement
3.1. Under the terms of this Agreement the Contractor shall provide information and consulting services in accordance with paragraph 3.2. of this Agreement the Offer, and the Customer agrees to accept and pay for services of the Contractor in accordance with this Agreement and the Contractor's cost (price).
3.2 Provider's services are rendered according to the online products of the Provider chosen by the Customer after payment is made by the Customer.
3.3 Public offer agreement and Privacy policy - are official documents and are published on the official website of the Provider.
3.4 Contractor has the right to change the cost of services, terms of this public offer without prior approval by the Customer, and without any special notice. New edition of the Agreement of the Offer will enter into force from the moment of its posting on the site specified in this paragraph, if otherwise is not provided by the new edition of the Agreement of the Offer. The current version of the Offer Agreement is always available at https://andreevanata.com/public-offer
4 Acceptance of the Offer and conclusion of the Offer Agreement
4.1 The Customer makes the acceptance of the Offer by choosing and paying to the Contractor the cost of one or more online products, taking into account the price in force at the time of payment. Price of online products is an integral part of this Agreement public offer, during the Acceptance period, subject to the conditions of section 6 of this Agreement.
Period of Acceptance is a period of time from the date of the Contractor's invoice for payment for services, in accordance with the cost of the service, to the date of payment by the Customer service through online payment (bank card, electronic money, mobile payment) or through a bank transfer to the account of the Contractor.
5. Rights and obligations of the Parties
5.1 Duties of the Executor:
5.1.1 During the term of this Agreement to provide the Customer with online products paid for by the Customer.
5.1.2 Provide services properly in accordance with this Agreement and the legislation of the Russian Federation.
5.1.3 Timely inform the Customer about changes in the terms and conditions of the services provided under this Agreement, as well as all situations requiring additional approval.
5.1.4 To inform the Customer about conditions of rendering services, to attract third parties for fulfillment of this obligation remaining fully responsible before the Customer for their actions.
5.2 Rights of the Executor:
5.2.1 Contractor has the right to change the terms and conditions of this Agreement of the public offer without prior approval by the Customer, while ensuring the performance of services and publication of amended conditions on the website at: https://andreevanata.com/public-offer.
5.2.2. Require payment for services in accordance with the terms of this Agreement of the public offer.
5.2.3. Unilaterally terminate this Agreement in case of Customer's default on timely payment for Services in the order provided by this Agreement and/or in case of Customer's violation of Russian Federation legislation when using Services of Internet resource and other cases, as well as in case of violation of paragraphs 5.3.3 and 5.5 of this Agreement to terminate the Agreement and to block access to the purchased online-products.
5.2.4 Provide services using external specialists, remaining responsible for their actions.
5.2.5 Conduct promotions in the manner prescribed by the Contractor, in accordance with the laws of the Russian Federation. Conditions, terms and procedure of carrying out promotions are posted by the Executor at: https://andreevanata.com and other websites owned by the Executor.
5.3 Duties of the Customer:
5.3.1. Customer undertakes in a timely manner in accordance with the terms of this Agreement of the public offer to pay and accept services of the Contractor.
5.3.2. Fulfill all conditions and requirements stated in this Agreement and other documents posted on the Executor's website.
5.3.3. not to pass his rights to use the services of the Internet resource, services to the Offer Agreement to any third party in the absence of written consent of the Contractor.
The Customer agrees that the Contractor may process and use the Customer's personal data according to the Federal law "About personal data" from July 27th, 2006 (hereinafter - "law") by different ways, including the automated analysis of the personal data, and also agrees to its transfer to the third parties with the aim to fulfill its obligations to the present Agreement without limitation of its duration. This consent may be withdrawn by the Customer only upon written notice to the Contractor at least thirty (30) days prior to the intended date of termination of the Contractor's use of the data. By agreeing to and accepting the terms and conditions of this Offer by accepting the Offer, Customer represents and warrants to Contractor that:
5.3.4.1. Specify accurate personal information when paying for the Contractor's services;
5.3.4.2. the Customer concludes the Offer Agreement voluntarily, and the Customer fully reads the terms and conditions of the Offer, fully understands the subject of the Offer and the Offer Agreement, fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Offer Agreement;
5.3.4.3. the Customer has all rights and powers necessary for conclusion and execution of the Offer Agreement and for permitting the Contractor to use the information and materials provided by the Customer for services in order to perform the Offer Agreement;
5.3.4.4. the Customer has all necessary rights to conclude this Offer Agreement with the Customer.
5.3.4.5. The Customer agrees that any information voluntarily provided by him, including personal data, can be processed by the Contractor in order to fulfill obligations under this Offer Agreement, without obtaining additional consent of the Customer and without paying him any remuneration for this. The Customer understands and agrees that the personal data indicated by him when registering on the Website and/or otherwise communicated to the Contractor, will be processed by the Contractor by all means necessary to perform obligations under this Agreement of Offer and gives consent to such processing when accepting the terms of this Offer.
5.3.5 The Customer undertakes not to indicate knowingly false and illegal information in materials and information transferred to the Contractor to provide services / posted through the Services of the Internet resource, as well as information prohibited by the Rules of the Internet resource and the legislation of the Russian Federation, to monitor the relevance and reliability of the information contained in them, to comply with the requirements of applicable law to the publicly posted information, to observe the rights of third parties (including the intellectual).
5.3.6. To keep inaccessible to third parties password and login to his personal account from the Executor's site, where Online-products will be stored and Executor will place the confidential information.
5.3.7 Independently and in advance, according to the Executor's technical requirements to the operating system, software, hardware and Internet connection of the Customer, to check the technical possibility of participation in the online training and to ensure uninterrupted operation of the Internet connection, equipment and software on their part during the whole time of viewing the 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 Receive necessary and reliable information about the Executor and its services.
5.4.3. Publish the Review publications on the Web-site. In order to post the Review, the Customer undertakes to provide the Contractor with all necessary materials and information, including but not limited to the text, photographs, means of individualization, etc. (hereinafter referred to as the Materials). When sending the Materials as described in this paragraph to post a Review, the Customer, by granting a (simple) non-exclusive license to the Contractor (without compensation), consents to the use of the Review and the Materials therein by the following means of use on the Customer's Site: public display, reproduction, broadcasting, making available to the public, changes, cuts and additions, providing illustrations, a foreword, an afterword, commentary or explanations of any kind (when applicable), and by providing a copy of the materials.
5.5 The Customer undertakes not to do the following:
5.5.1. distribute the video, audio recording of the training / course in any of the possible ways;
5.5.2. distribute materials of online products in the form of transcription, i.e. translation of audio or video materials into text format, and translation into other languages;
5.5.3. to use the information received from the Contractor for commercial purposes, by retelling or distributing the knowledge and basics received from the Contractor;
5.5.4. to organize or conduct own trainings or classes based on the online products (trainings, webinars, etc.) of the Contractor.
5.5.5. to transfer and/or provide access to the Executor's Online-products (including access to the personal cabinet) to the third parties or make the broadcasting program of Online-products available to any third parties;
5.5.6. perform other actions not stipulated by the Agreement, but containing elements of a criminal or administrative offense, or violating the rights and legitimate interests of the Contractor or third parties.
6. Terms and procedure of rendering services
6.1. After registration on the Executor's site, after transition to the Personal profile and after familiarization with the list and cost of the Executor's online products on the Executor's sites, the Customer shall make an application for services in electronic form on the Executor's site by creating an order through the form on the site.
6.2 After creating an order, the Customer pays for it by one of the provided ways: online payment by card or bank transfer to the Executor's account.
6.3 The Executor, as soon as possible after receiving the order from the Client and confirmation of payment for the chosen service (online product) from the bank-acquirer, gives the Client access to the chosen and paid services (online products). By paying for the selected services (online-products) of the Contractor, the Customer thus confirms the acceptance of the terms and conditions of this Agreement of the public offer.
6.4 After the Customer makes a payment (the Acceptance of the Offer) and transfers money to the account of the Contractor, this Agreement of the public offer will come into force.
6.5 Customer is obligated (if provided) to make an advance payment for services rendered by the Contractor in the amount of not less than 50 (fifty) percent of the cost of services.
6.6 If the Client notifies the Contractor about his wish to terminate the Agreement after the advance payment has been made, the Agreement will be terminated upon Client's request, in which case the advance payment is not refunded.
6.7 Term of service rendering: from the moment of money receipt on the Contractor's account till the moment of receipt of the chosen online-product by the Customer. To get the online-product the Customer must provide technical capabilities and conditions to receive information from the Executor (Internet access, an acceptable data transmission speed, etc.).
6.8 Services are considered to be rendered properly and in full if within 3 (three) days after the end of the period of rendering services the Customer has not made a claim. If there is no claim, the services are considered as duly rendered.
6.9. The Parties have no claims to each other after the provision of services under the Agreement, except for cases of violation of the laws of the Russian Federation.
7. Cost of services and procedure of payments under the Agreement
7.1 Payment for services rendered by Executor to Customer is made in full (or on the basis of prepayment, in some cases not less than 50 (fifty) per cent of the cost of selected Services - to be discussed separately).
7.2 Calculation of the cost of the services rendered by the Executor is made on the basis of the prices, put by the Executor on the sites.
Payment is made by the Customer by transfer of money funds to Executor's account in any convenient for the Customer way from listed in paragraph 7.3. of this Agreement. 7.4.
7.4. For the purposes of this Agreement public offer payment from the Customer is accepted:
7.4.1. in non-cash form from the Customer's account to the operating account of the Contractor;
7.4.2. through branches of the Sberbank of the Russian Federation or other existing banks of the Russian Federation by a receipt.
7.4.3. by means of online payment (by a bank card).
7.5 Payment for the services is done by the Customer at his own discretion and without any liability of the Executor. Security, confidentiality, and other conditions of use of method / form of payment selected by Customer are beyond the scope of the Agreement of the public offer and regulated by contracts between the Customer and relevant organizations (operators).
7.6 The Customer independently monitors the change of details of the Contractor specified in this Agreement and is responsible for the correctness of payments made by him.
8. Returns
8.1. In the case of termination of the Educational Agreement no later than the day of the first lesson of the training program, the Organization is obliged to return the full cost to the Payer. Refund of the cost of education is made on the date of the application for refund.
8.2 In case of termination of the Educational Agreement later than the date of the first class on the training program, but before the end of training, the Contractor shall return to the Customer the refund amount less the cost of the classes. Dates of the beginning and end of the training are indicated on the Website.
8.2.1 The refund amount is determined in the following order:
8.2.1.1 The formula for calculating the cost of one lesson of the training program: Y = X / N1, where Y - Cost of training for one lesson, X - Cost of training for the training program, N1 - number of lessons on the training program,
8.2.1.2 The amount of refund for the training program is calculated by the formula: Z = X - Y * N2, where Z - Refund Amount for the Training Program, Y - Training Cost per session, X - Training Cost for the Training Program, N2 - number of sessions conducted in the Training Program on the date of application for refund;
9. Responsibility of the Parties
9.1 In case of non-performance or improper performance of obligations under this Agreement the Parties shall be liable in accordance with the provisions of this Public Offer Agreement and the current legislation of the Russian Federation.
9.2 Contractor shall not be liable for impossibility to serve the Customer for any reasons beyond its control, including failure of communication lines, equipment malfunction, failure of suppliers of certain services, etc.
9.3 By paying the Contractor's services under the Offer Agreement, the Customer agrees with the terms of this Agreement and that he has no right to demand from the Contractor any compensation for moral, material damage or harm caused to the Customer both during the term of this Agreement and after its expiration, except in cases directly provided by the legislation of Russian Federation.
9.4 The Contractor shall under no circumstances be liable under this Agreement for:
9.4.1. any acts and/or omissions resulting directly or indirectly from acts/inactions of any third parties;
9.4.2. any indirect damages and/or loss of profit of the Customer and/or third parties irrespective of whether the Executor could have foreseen the possibility of such damages or not;
9.4.3. use (impossibility to use) and any consequences of use (impossibility to use) of the information received from the Contractor by the Customer;
9.4.4. Materials and information transferred by the Customer to the Contractor to provide services and / or posted by the Customer through the Services of the Internet resource.
9.5 Aggregate liability of the Contractor under the Agreement of the Offer, on any claim or complaint about the Agreement of the Offer or its execution is limited by the sum of the payment paid to the Contractor by the Customer under this Agreement of the public offer.
9.6 Without entering into contradiction to the above mentioned, the Contractor is exempted from liability for breach of conditions of the Agreement of the Offer if such breach is caused by force majeure circumstances (force majeure), including: actions of public authorities, fire, flood, earthquake, other natural disasters, lack of electricity, strikes, civil unrest, riots, any other circumstances, not limited to those that may affect the Contractor to fulfill this Agreement.
9.7 Acceptance for placement and/or approval by the Contractor of any Content and/or any changes in the Content under any circumstances does not mean confirmation by the Contractor of the right of the Customer and/or provision by the Contractor to the Customer of the right for any use of objects of exclusive rights of third parties in such Content. All responsibility for such use and any consequences of such use shall be borne by the Customer.
The parties have agreed that in case of disputable situations they will communicate through the web-interface on the Executor's website or by e-mail indicated on the Executor's website.
9.9. All disputes and disagreements shall be resolved by written negotiations of the Parties. In case the disputes and differences cannot be settled by negotiations - in accordance with the legislation of the Russian Federation.
9.10. In case of claims to the Executor from third parties in respect of materials and information transferred by the Client to the Executor to provide services and / or posted by the Client through Services of the Internet resource, the Client agrees to settle all such claims and disputable issues by its own efforts and at its own expense, and also to compensate the Executor in full damage caused by the transfer by the Client to the Executor and / or posting by the Client through the Services of the Internet resource materials
10. Term of validity, change, termination of the Agreement
Agreement comes into force from the moment specified in paragraph 1.2. of this Agreement of the public offer, and shall remain in force until the Contractor fulfillment of obligations to provide services in the amount corresponding to the amount of payment made by the Customer to the Agreement of the public offer.
10.2 Contractor reserves the right to make changes to the Agreement of the Offer or withdraw from the Agreement of the Offer at any time at its discretion.
10.3 The Customer agrees and admits that making changes in the Offer entails making these changes in the public Offer Agreement concluded and in force between the Customer and the Contractor, and these changes shall take effect simultaneously with the entry into force of such changes in the Offer from their publication on the Website.
10.4 In case of withdrawal of the Offer by the Contractor during the term of the Offer Agreement the Offer Agreement is considered to be terminated from the moment of withdrawal of the Offer and until fulfillment of obligations of the Parties under the Offer Agreement.
10.5 The Contractor shall have the right to unilaterally withdraw from the Agreement at any time in accordance with the legislation of the Russian Federation. The Contractor has the right to terminate the provision of services under this Agreement without paying any compensation in case of detection of violations of the legislation of the Russian Federation by the Customer when using the services of the Internet resource.
10.6 If the Customer violates the terms of this Offer, the funds will not be refunded.
11. Confidentiality
11.1 Commercially sensitive information, received by the Parties from each other in the course of the present Agreement execution, is confidential and not subject to disclosure by the Party, which received it, to the third party.
(1) information which constitutes commercial value by virtue of its being unknown to the third parties, to which there is no free access on lawful grounds and which owner takes measures to protect its confidentiality (commercial secret); (2) other information which does not constitute commercial secret in accordance with the current legislation of the Russian Federation, but in respect of which the Parties have declared in writing that it is confidential by putting a mark "Confidential" on the document
11.3. the Party which is the owner of the confidential information, gives to the other Party access to the information being the trade secret, for the purpose of fulfillment of obligations under this Agreement on condition of confidentiality of this information. The other Party undertakes not to disclose it to third parties, as well as not to use it for any purposes other than to perform its obligations under this Contract, without the prior written consent of the right holder. This obligation of confidentiality does not apply to information which is publicly available. The fact of cooperation of the Parties is information which can be freely distributed by each Party.
12. Other conditions
12.1. Any notices under the Agreement of the Offer can be sent by one Party to the other: by e-mail to the Customer's e-mail indicated when he paid the order and notified the Executor (or any other e-mail address provided by the Customer), to the Executor's e-mail indicated at the end of this Agreement of the Offer;
12.2 Failure to exercise one or another right within the Offer Agreement, the power or the intention provided by the Offer Agreement does not mean a refusal of the Contractor from the terms and conditions of the Offer Agreement in case of the following violation, nor a refusal of his rights to demand compliance with the Offer Agreement at any time thereafter.
12.3 The Offer Agreement is a complete agreement between the Contractor and the Customer. The Contractor does not assume any conditions and obligations in relation to the subject of the Offer Agreement, except for those specified in the Offer Agreement, which regulates the execution of the Offer Agreement, except when such conditions or obligations are recorded in writing and signed by the authorized representatives of the Contractor and the Customer. In case any terms and conditions of the Appendices or Additional Agreements to the Offer Agreement contradict the terms and conditions of the Offer, the provisions of the Offer will prevail.
13. Details of the Contractor
Individual entrepreneur Alexander Andreevich Zakharov
OGRNIP 319332800035287
IRN 3332898789406
email : andreevaonlinemk@gmail.com