CONTRACT – OFFER
for the provision of paid online services
(for selling online products)
Art Academy of Svetlana Yanetskaya
Russian Federation, city of Yekaterinburg October 7, 2020
IP CHUKALOVA SVETLANA VLADIMIROVNA, hereinafter also referred to as the “Contractor”, by this public offer offers any individual or legal entity, as well as an individual entrepreneur, to conclude an Offer Agreement (hereinafter referred to as the “Agreement”, “Offer”, “Offer Agreement”) for receiving paid online training services (to sell online products).
In accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation (CC RF), if the conditions set forth below are accepted and the Fee is paid, the person accepting this Offer Agreement becomes the Client (in accordance with clause 3 of Article 438 of the CC RF, acceptance of an offer is tantamount to concluding contract under the conditions set forth in the offer). In connection with the foregoing, carefully read the text of this Agreement, and if you do not agree with any clause of the Agreement, the Contractor invites you to refuse any actions necessary for acceptance.
TERMS AND DEFINITIONS:
Agreement, this Agreement– a public offer (Agreement, Offer, Offer Agreement) to any individual or legal entity, as well as an individual entrepreneur, to conclude an Agreement for receiving paid online training services (for selling online products) on the terms and conditions set forth below. The Agreement includes this text, including its integral part – Appendix No. 1: The Contractor’s Privacy Statement.
Services (Sales)– provision of paid services for viewing training records (selling online products) – the Contractor’s actions aimed at meeting the Client’s needs in receiving paid online services for viewing training records of the Contractor (in obtaining online products). Information about services is posted on the Internet within the resource: https://goodfuture.am
Acceptance– full and unconditional acceptance of the terms of this Agreement, carried out in accordance with the conditions established by the Agreement.
Fee (amount)– the cost of paid online services for viewing training records (the cost of online products), are indicated within the resource: https://goodfuture.am
Client (User, Student)– an individual, including those registered as an individual entrepreneur, as well as a legal entity that has purchased the Services (online products), in the manner prescribed by this Agreement, confirmed by receipt of an electronic notification.
For the purposes of fulfilling obligations under the Agreement, the Client is considered to be the person who has passed verification and accepted the Agreement. The person who accepted the Agreement and passed the verification bears all the risks associated with the receipt of the Service (acquisition of online products) by any third party not authorized to do so.
Client Verification— a set of actions aimed at identifying the Client as the person who accepted the Agreement and received the Services (online products).
Identification data– a set of information about the Client provided by the Client during Verification and acceptance of this Agreement, which serves to determine the identity between the person possessing it and the Client (Client verification).
Personal information of the Client – any information relating directly or indirectly to a specific or identifiable natural person (subject of personal data), namely; personal information that the Client provides about himself independently when verifying and accepting the Agreement or in the process of using the Services (online products), including the Client’s personal data;
other information about the Client, the collection and / or provision of which is determined and negotiated with the Client individually and subject to protection in accordance with the Federal Law “On Personal Data”.
as well as data that is automatically transmitted in the process of using the Services (online products), including, but not limited to: IP, MAC, ICCID addresses, data or other unique data about the Client’s equipment, phone numbers, regional codes, etc. ;
Document– an electronic file with legally significant information recorded in it in text and / or media formats, their combination, including the mandatory details of the document, set out in Russian, available for study without the use of special non-legal (for example, technical, medical, financial) knowledge.
Content Lesson– a lesson with a training video on the topic stated in the title of the lesson, with the possible application of additional materials and homework.
Email– electronic messages, documents, copies of documents or other material media containing information, as well as any other information transmitted by electronic means of communication.
Personal Area– website sectionhttps://getcourse.ru/, which is part of the Site, allowing the Client to access the services of the Contractor, in accordance with this agreement.
Executor Time— Moscow time (UTC+3).
- GENERAL PROVISIONS
- In accordance with this Agreement, the Contractor provides the Client who has paid the Fee with the Services (on-line products) specified within the resource: https://goodfuture.am
- 1.2. The conclusion of this Agreement by the Client is carried out by the Client performing the following sequential actions (acceptance of the public offer):
A) Making an application for receiving services for viewing training records (purchasing online products) within the resource: https://goodfuture.am , containing the data of the person who filled it out. The application uniquely identifies the person who submitted it as the Client.
B) Payment of the Fee for the provision of Services (purchase of online products). Payment of the Fee can be carried out by any means provided for in clause 2.5. actual agreement. At the same time, by paying the Fee, including by pressing a button of this type as “pay”, the Client agrees to the terms of this Agreement and its Annexes.
- This Agreement is considered to be concluded and comes into force from the moment the Client pays the Fee. The fee is paid in the amount of 100% prepayment. The date of payment of the Fee is the date of crediting funds to the Contractor’s account. In doing so, the Parties shall take into account the following. Within the framework of relations for the protection of consumer rights when paying for goods (works, services) by transferring funds within the framework of the applicable forms of non-cash payments, the consumer’s obligations to the seller (executor) to pay for goods (works, services) are considered fulfilled in the amount specified in the transfer order funds, from the moment of confirmation of its execution by a credit institution serving the consumer.
- The services provided under this Agreement may be paid by the Client according to the issued invoice in installments according to the schedule discussed by the Contractor and the Client individually. At the same time, the installment plan is provided for a period within the duration of the provision of the Services, and the first part must be paid before the start of the provision of the Services. If the Client violates the installment terms, the Contractor has the right to suspend the provision of services until the Client eliminates such violations. The relevant notification of the Contractor is sent to the Client’s email address specified during payment.
In the event that the Client has not eliminated these violations within 3 (three) calendar days from the date of sending the notification to the Contractor, then this agreement is considered fulfilled in the scope of those services for which access was paid for, and terminated at the initiative of the Client. In this case, previously paid money will not be returned.
- The services rendered under this Agreement may be paid for by the Client using funds from credit institutions independently chosen by the Client. In this case, the Client pays for the Services of the Contractor in a single payment on the invoice.
- By agreement with the Contractor, the Client has the right to book participation in the training program by transferring a deposit to the Contractor’s account (make a reservation), the amount and terms of payment of which are set below.
The amount of the deposit (booking) is 1,000 (one thousand) rubles. The specified payment is taken into account in the subsequent payment by the Client of the cost of services.
In the event that the Client has not made timely payment of the remaining cost of services under the terms of the deposit within the prescribed period, then this agreement is considered terminated at the initiative of the Client. At the same time, previously paid funds on account of the deposit are recognized as a deposit and are not refundable in accordance with Art. 381 of the Civil Code of the Russian Federation.
- The issues of personal data processing are regulated by the following document of the Contractor:
- Regulation on the protection of personal data (users of the site / other resource within the Internet) – Order of the Contractor. Based on this Regulation, the Client gives:
one). Consent to the processing of personal data;
2). Consent to receive information and advertising mailings.
- Confidentiality issues are regulated by Appendix No. 1 to this Agreement.
- All Annexes to this Agreement are its integral part.
- TERMS OF SERVICE (TERMS OF SALE OF ONLINE PRODUCTS)
- To provide the Services, the Client must leave a request within the resource: https://goodfuture.am
- When making an application, all background information can be obtained by calling +37491041079
- To complete the application, the Client is obliged to provide the data specified in clause 3.2. Agreement.
- The Contractor confirms receipt of the application by sending a payment link to the Client’s e-mail address specified by him when submitting the e-mail application.
- The Client pays the Fee under this Agreement in the amount established within the resource: https://goodfuture.am
- Payment is made:
• by payment by electronic money (electronic means of payment).
In case of making a payment using a bank card, the Client is recommended to use a bank card issued in the name of the Client. The payment is not accepted if the Client violates the terms of payment established by this Agreement and the legislation of the Russian Federation.
- BY ACCEPTING THIS AGREEMENT, THE CLIENT GIVESfreely, by his own will and in his own interest, written consent to the Contractor for the processing of personal data provided by the Client. In particular, consent to any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with the provided personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction. Consent is issued for the purpose of concluding and fulfilling the obligations assumed by the Contractor to the Client and arising by virtue of the acceptance of this Agreement and in relation to the following personal data: Surname, name, patronymic; E-mail address; mobile (home, contact number. By issuing consent, the Client agrees and allows the Contractor to transfer the above personal data to the Partners of the Contractor using public networks and international information exchange, using cross-border data transfer on the territory of foreign states, including if these countries do not provide adequate protection rights of personal data subjects. The client is notified that, in accordance with paragraphs. 2 p. 2. Art. 22 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” the Contractor has the right to carry out, without notifying the authorized body for the protection of the rights of subjects of personal data, the processing of personal data received by the Contractor in connection with the conclusion of an agreement to which the subject of personal data is a party, if personal data is not distributed or provided to third parties without the consent of the subject of personal data and is used by the Contractor solely for the performance of the specified contract and the conclusion of contracts with the subject of personal data. The Client’s personal data may be processed indefinitely. Consent is considered revoked in the event of early termination of this Agreement for any reason or in the event that the Client refuses to consent to the processing of personal data.
- PROCEDURE FOR CLIENT VERIFICATION
- Verification of the Client is carried out in several successive stages, each of which, following the previous one, is designed to reliably identify the person as the Client who accepted the Agreement and expressed a desire to purchase the Services (online products).
- An individual wishing to purchase Learning Recording Services must complete an application form located on the Internet within the resource:https://yanetskayaschool.getcourse.ru/
When filling out the application, the following data must be filled in:
contact email address,
Contact phone number.
Filling out this form is used, among other things, by a citizen-individual entrepreneur, as well as a representative of a legal entity.
After filling in all the fields for submitting an application specified in this paragraph, the person who wishes to receive the Services (purchase online products) confirms the correctness and reliability of the data specified by him, agrees to the contract offer, agrees to the processing of personal data, agrees to receive informational and advertising mailing and expresses a desire to submit an application by activating a field of this type as “Buy” or another, similar to it in terms of functionality.
- After activating a field of this type as “Buy”, or another similar to it in terms of functionality, the application is automatically generated in the information and reference system of the Contractor and transfers the person who wants to purchase Services for viewing training records transfers to the page with the choice of payment method.
- Simultaneously with the algorithm provided for in Sec. 3.1. – 3.3. of the Agreement, an e-mail with a link to pay for the agreement is sent from the e-mail address of the Contractor yanetskayaschool to the e-mail address specified as the contact when submitting the application.
- The person who received the e-mail provided for in clause 3.4. of the Agreement, in order to confirm the validity of his will and desire to accept the Agreement, makes a payment (makes a Fee). After the payment is made, an electronic receipt is sent to the specified email address of the Client, then a confirmation letter with a link to access to the online product (s), as well as information for the Client to access his personal account
- From the moment of payment (payment of the Fee), the person is considered verified by the Contractor as a Client, while the Contractor proceeds from the understanding that until a judicial act that has entered into force establishes otherwise, the sequence of passing by such a person of all stages of verification, including the implementation of such by the person paying the fee (paying the Fee) provided for in clause 3.4. of the Agreement, is a sufficient confirmation of the validity of the will of such a person to accept the Agreement, his authority, capacity and legal capacity, the validity of the Identification data specified during the verification and acceptance of the Agreement.
- By providing an email address, the Client confirms his consent to the exchange of electronic correspondence through open communication channels (Internet, fax, etc.), as well as through the Client’s personal account
- Anonymous Requests to the Contractor with an offer to provide Services (online products) or other requirements are not processed.
- In accordance with the document of IP Chukalova Svetlana – Regulations on the protection of personal data, the User’s consent to this Regulation also means the User’s acceptance of this Agreement – an offer for the provision of paid online services (sale of online products), and also means verification of the User (Client). The person expresses his consent to this Regulation, expresses his consent to the processing of his personal data, expresses his consent to receive information and advertising mailings in the following way. Services (purchase online products), confirms the correctness and reliability of the data indicated by him, agrees with the offer contract, consents to the processing of personal data, consents to receive information and advertising mailings and expresses a desire to submit an application by activating a field of this type as ” Buy” or otherwise,
- PROCEDURE FOR PROVISION OF SERVICES (PROCEDURE FOR SELLING ONLINE PRODUCTS)
- Specific Services (online products) provided (sold) to the Client are determined by the information within the resource: https://goodfuture.am
After payment is received, the Contractor sends the Client a link to access the Client’s e-mail address specified by the Client during verification (submitting an application) to the materials of the Services (online product). The access is temporary, the period for the provision of the Service is indicated on the Contractor’s website, and the Client independently chooses the dates and times when he can use the materials of the Services for viewing training records (online products) within the access period specified by the Contractor.
- The Contractor may install additional Services (online products), information about which is communicated to the Client by posting on the official websites, information booklets, reference books and other materials of the Contractor, as well as in the Client’s personal account.
- Services for viewing training records (online products) are provided in accordance with and on the basis of the law of the Russian Federation, including the principles and norms of international law, which are an integral part of the Russian legal system, as well as established law enforcement practice.
- Services for viewing training records (online products) are provided directly to the Client and only to him.
- The format of the provision of the Services (online products) in all cases is determined by the Contractor.
- The provision of Services for viewing training records (online products) by the Contractor may be suspended in connection with the performance of the necessary repair and maintenance work, as well as in cases established by the legislation of the Russian Federation, of which the Client is notified in the manner approved by the Contractor through a personal account.
- The Parties have established that the Services are considered to be provided (performed) by the Contractor in a proper manner and accepted by the Client from the moment the Client is granted access to the materials of the Services in accordance with the provisions of clause 4.1. actual agreement. The Parties have established that for the purposes of this Agreement, providing the Client with access to the materials of the Services means sending by the Contractor to the Client’s e-mail address a link to access the materials of the Services. Using the received link, the Client is obliged to log in to his personal account to access the materials of the Services within 1 business day from the date of receipt of the specified link from the Contractor. Refunds after providing the Client with access to the materials of the Services are not carried out, except for the case provided for in clause 4.8. Agreement.
- The Client has the right to demand from the Contractor to return the paid funds within 14 calendar days from the moment the Client was granted access to the materials of the Services, in the manner prescribed in clause 4.1. of this Agreement, subject to the Client viewing no more than two Content Lessons by sending a free-form application to the Contractor’s e-mail address. If the Client complies with the conditions for the return specified in this clause of the Agreement, the Contractor within 10 calendar days shall return the funds minus the costs of the company,paid by the Client by the time of return.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- The Contractor undertakes:
- Provide the necessary information to complete an application for the provision of Services. Information is placed within the resource: https://goodfuture.am
- Provide consulting support regarding the services provided (online products), the procedure and rules for filling out an application by phone +37491041079, or e-mail address (e-mail address for contacting the Contractor: email@example.com ) or through personal account of the Client.
- The performer has the right:
- In case of non-payment (not payment in full) of the Fee, suspend the Client’s ability to use the Services (online products) until the full payment of the Fee.
- If the Client refuses the Services (online products) before the date of granting access to training records, recover from the Client the expenses of the Contractor incurred by the Contractor in the preparation and execution of the terms of this Agreement, estimated by the Parties in the amount of the cost of this Service (online product).
- At any time, make changes and additions to this Offer Agreement, as well as to other documents posted on the Internet in connection with the provision of the Services (sale of online products), without notifying and informing the Client about it.
- Inform the Client about the activities carried out by the Contractor by sending messages to the Client’s e-mail address and SMS to the Client’s contact phone number.
- The client undertakes:
- Independently and in a timely manner to get acquainted with all the conditions before the submission of the Application, as well as with changes in these conditions, with the current version of the Agreement each time you visit the Contractor’s website (page), personal account, after accepting the Offer. The Client is solely responsible for the occurrence (risk of occurrence) for him of adverse consequences in connection with the failure to fulfill the obligations specified in this clause 5.3.1.
- Independently and in a timely manner, get acquainted with the changes, in case of making these changes to the procedure for providing the Service, with the current version of the contract each time you visit the website (page) of the Contractor, after accepting the Offer. The Client is solely responsible for the occurrence (risk of occurrence) of adverse consequences for him due to failure to fulfill the obligations specified in this paragraph 5.3.2.
- When filling out the Application, fill in the required mandatory fields (in accordance with clause 2.2 of this Agreement) on the Application page indicating reliable information.
- Make a Payment. Immediately notify the Contractor of any change in their contact details in writing via the contact e-mail or through the Client’s personal account.
- The client has the right:
- Require the Contractor to comply with the terms of this Agreement.
- The Contractor undertakes:
- RESPONSIBILITIES OF THE PARTIES
- In cases of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation, taking into account the terms of this Agreement.
- The Contractor shall not be liable in case of improper performance of this Agreement, if improper performance was the result of unreliability, insufficiency or untimely information provided by the Client, as well as due to other violations of the terms of this Agreement by the Client.
- The Contractor provides services (online products) “as is”. The Contractor is not responsible for the non-compliance of the provided service (online products) with the Client’s expectations and / or for his subjective assessment. Such non-compliance with expectations and / or negative subjective assessment are not grounds for considering services (online products) to be of poor quality, or not in the agreed volume. Also, the opinions of third parties (including employees of state bodies) that differ from the opinions of the Contractor (its employees and / or partners) are not such grounds.
- The Contractor shall be released from liability for full or partial failure to fulfill the obligations stipulated by this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure ).
- The client undertakes to indicate his reliable data when making an application.
- In the event that the Client, before the Contractor sends a link to access to training records to the Client, for reasons beyond the control of the Contractor, did not notify the Contractor in writing of his desire to refuse to provide the Contractor’s Service, such a Service (access to training records) is considered provided in the prescribed amount and within the prescribed time frame.
- For any refunds (as well as other payments), the Contractor does not bear any costs for the fulfillment of these obligations to return and make other payments (based on Article 309.2. of the Civil Code of the Russian Federation). All specified expenses are made at the expense of the Client. At the same time, the Contractor, when making such payments to the Client, offsets counter homogeneous claims in relation to the Client for the amount of the indicated expenses (in accordance with Article 410 of the Civil Code of the Russian Federation) and reduces the amount of payments by the amount of these expenses.
- DISPUTES RESOLUTION
- All disputes and disagreements arising in connection with the execution of this Agreement shall be resolved by the Parties through negotiations. Mandatory pre-trial dispute resolution procedure – 10 days.
- In case of failure to reach an agreement between the Parties, all disputes are considered in court in accordance with the legislation of the Russian Federation. In the event that, by law, a specific dispute must be considered in a court of general jurisdiction, it will be considered at the location (at the place of residence) of the Contractor.
- OTHER CONDITIONS
- This Agreement is valid until the Parties fulfill all obligations. All Annexes are an integral part of this Agreement.
- The application filed by the Client, which is filled out on the Contractor’s website, is an integral part of this Agreement.
- In all other respects that are not provided for by this Agreement, the Parties will be guided by the current legislation of the Russian Federation.
- The Client confirms that all the terms of this Agreement are clear to him, and he accepts these terms unconditionally and in full.
- INTELLECTUAL PROPERTY RIGHTS
- This Agreement falls, among other things, under the signs of a license agreement in accordance with Part 4 of the Civil Code of the Russian Federation.
- The Contractor has all the rights to online products (works) in accordance with this Agreement.
- The client is granted a non-exclusive right to use online products (learning records) in the following ways: reproduction, viewing. At the same time, the parties specifically provided for and agreed that the recording of online products on the Client’s electronic media, including recording in the computer’s memory, is not considered reproduction and the non-exclusive right to use this method does not apply. The Contractor does not provide the Client with the said right. In case of violation of the Contractor’s right to record online products, the Contractor has the right to demand from the Client any elimination of the specified violation and has the right to protect its violated right by all available means.
- The customer uses the online product records personally and not for commercial use.
- The fee for online products includes the remuneration of the Contractor for granting the right to use and related to copyright: which is 1% of the Fee for online products and related to copyright, which is also 1%.
- During the entire period of validity of this Agreement for the Client, the Client has the right to use online products in the ways indicated above.
- The Contractor, from the moment of granting the Client the right to access the records of online products, on a reimbursable basis, grants a non-exclusive right to the online product to the Client, in the amount and for the period stipulated by this Offer Agreement.
- The rights to use the records of online products are transferred by granting the right to access such records.
- The Contractor owns the rights to the Page (Site, Landing), including the rights to any results of intellectual activity included in it, including the program code, design works posted on the Site, texts, as well as means of individualization (company name, trademarks, signs services, commercial designations).
- Use of the Site does not provide for the transfer of rights to the Site or its components. The Client is granted a limited right to use the Site in accordance with the terms of the Agreement. Such right may be terminated at any time in accordance with the terms of the Agreement and other agreements between the Parties.
- The Client is not entitled to use the results of intellectual activity posted on the Site (including, but not limited to: text, design elements, graphics, as well as the program code of the Site, any content of the Site) without the prior written consent of the Contractor (including, but not limited to limited to, reproduce, copy, process, distribute in any form).
- All services of the Site are provided “as is”. The Contractor does not guarantee the availability of the Site at any time.
- The Client is not entitled to demand any changes to the services or data of the Site.
- The Contractor is not responsible for the commercial suitability of the Site, does not guarantee the compliance of the Site with certain special requirements of the Client or the ability to customize sections of the Site in accordance with the preferences of the Client. The Contractor also does not guarantee that the Site software is completely free from defects and errors, and must function uninterruptedly and without fail.
- The use of the Site is carried out by the Client solely at his own responsibility and at his own risk. The Contractor does not guarantee the proper functioning of the Site and is not responsible for the harm caused to the Client as a result of using the Site. The Administration is not responsible for the risk of adverse consequences that will or may occur as a result of non-compliance of the equipment used by the Client, other software or communication channels with the established requirements for the protection of personal data from unauthorized (illegal) encroachment of third parties.
- The Contractor makes all reasonable efforts to prevent failures and malfunctions in the operation of the Site, but does not guarantee its uninterrupted operation, is not responsible for it and is not obliged to notify the Client about interruptions.
- The Client is not entitled to use the Site to send advertising messages and other actions not directly related to the use of the Site.
LIST OF APPENDICES: 1. Contractor’s Privacy Statement
GOOD FUTURE LLC
Azatutyan 24/15, Yerevan, Armenia