PUBLIC OFFER AGREEMENT
St. Petersburg "22" July 2021
Limited Liability Company "C.ACADEMY" (LLC "C.Academy"), TIN 7811749107 OGRN 1207800084865 checkpoint 78110100, registered at the address: 192148, St. Petersburg, Sedova str., d. 37, letter A, office 906-3, object 222-N, represented by Director Korshunova Anna Andreevna, acting on the basis of the Charter, hereinafter referred to as the "Contractor" expresses its intention to conclude a Contract for the Provision of consulting and information services on the terms defined by this Public Offer with any persons (individuals, legal entities, individual entrepreneurs) who purchase the services of the Contractor, hereinafter referred to as the "Customer", collectively hereinafter referred to as the "Parties", and separately as the "Party".
1. BASIC CONCEPTS
1.1. Offer – an offer addressed to one or several specific persons, which is quite definite, and expresses the intention of the person who made the offer to consider himself to have concluded the contract as the recipient who will accept the offer.
1.2. Public offer – a proposal containing all the essential terms of the contract, from which the will of the person making the offer is seen to conclude a contract on the terms specified in the offer with anyone who responds.
1.3. Contractor - Limited Liability Company "C.ACADEMY" (LLC "C.Academy"), TIN 7811749107 OGRN 1207800084865 checkpoint 78110100, registered at the address: 192148, St. Petersburg, Sedova str., 37, letter A, office 906-3, object 222-N, represented by Director Korshunova Anna Andreevna, acting on the basis of the Charter.
1.4. The Customer - any natural or legal person or individual entrepreneur who purchases consulting and information services of the Contractor in the manner and on the terms defined by this Agreement.
1.5. Acceptance is the response of the person to whom the offer is addressed about its acceptance, expressed in the commission of legally significant actions by the Customer aimed at accepting the offer. Acceptance is considered to be completed at the time the Customer makes full or partial payment for consulting and information services provided by the Contractor.
1.6. Consulting and information services of the Contractor – any services, offers of which are posted on the official website of the Contractor http://czeshkacademy.com (hereinafter - the Official website of the Contractor) or any other information resources of the Contractor.
1.7. Consulting services – services in the course of which the Contractor, based on personal experience, provides the Customer with objective and independent information expressed in the form of advice, recommendations and expertise aimed at satisfying the Customer's requests.
1.8. Information services – services in the course of which the Contractor provides the Customer with its own information products in order to satisfy the Customer's requests.
1.9. Information product – documented information prepared by the Contractor in accordance with the needs of the Customer and intended or used to meet the needs of the Customer.
1.10. Order – sending by the Customer, provided on the Official website of the Contractor, a form showing correct information about the Customer and about the consulting and information services of the Contractor selected by him.
2. GENERAL CONDITIONS
2.1. This Agreement is an official offer (public offer) of the Contractor and contains all essential conditions for the provision of consulting and information services by the Contractor.
2.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, in case of acceptance of the conditions set out below and payment for services, the person making the acceptance of this offer becomes a "Customer". According to paragraph 3 of Article 438 of the Civil Code of the Russian Federation, the acceptance of an offer is equivalent to the conclusion of a contract on the terms set out in the offer.
In connection with the above, carefully read the text of this public offer and, if you do not agree with any clause of the offer, the Contractor offers you to refuse to use the services.2.3. Under this Agreement, the Contractor provides consulting and information services on a reimbursable basis on the terms provided for in this public offer. Information containing a description of the consulting and information services of the Contractor, as well as their cost, is presented on the Official website of the Contractor.
2.4. By making full or partial payment for consulting and information services provided by the Contractor, the Customer agrees to the terms of this public offer (makes acceptance).
2.5. The Customer independently gets acquainted with the information containing a description of the Contractor's consulting and information services, their cost and terms of provision specified in this public offer.
2.6. Acceptance assumes that the Customer is familiar with the terms of this public offer and fully accepts them. In case of disagreement with any of the terms of this public offer, the Customer undertakes to purchase consulting and information services of the Contractor and stop using the Official website of the Contractor.
2.7. This Public Offer Agreement between the Contractor and the Customer is considered concluded at the time of acceptance.
2.8. The public offer Agreement, additions, appendices to the public offer are the official documents of the Contractor and are published on the Official website of the Contractor in the section "About us", in the subsection "Public Offer Agreement".
3. SUBJECT OF THE CONTRACT
3.1. The subject of this Agreement is the implementation of consulting and information services by the Contractor on a paid basis, in accordance with the terms of this public offer and at the current rates of the Contractor.
3.2. Information containing the types (composition), scope, terms, cost, and procedure for the provision of consulting and information services by the Contractor is presented on the Official website of the Contractor in the form of a description of a particular consulting and information service of the Contractor.
3.3. The purpose of this Agreement is to meet the information needs of the Customer by providing consulting and information services by the Contractor.
3.4. The Contractor provides consulting and information services based on personal experience and proper examination of the information provided by the Customer.
3.5. The Contractor provides consulting and information services in accordance with the tariff chosen by the Customer when forming an application for the provision of consulting and information services. A description of the rates of consulting and information services is provided in the description of such services on the Official website of the Contractor.
3.6. The Contractor independently selects specialists to provide consulting and information services.
3.7. All suggestions and recommendations given by the Contractor in the provision of consulting and information services are advisory in nature and are not mandatory.
3.8. The Contractor provides the Customer with online access to the consulting and information service from the moment the full payment is credited to the Contractor's current account in accordance with the cost indicated on the Contractor's Official Website, but not earlier than the deadline for the provision of such consulting and information services indicated on the Contractor's Official Website.
3.9. The Contractor implements the obligation to provide the Customer with online access to the consulting and information service through the online service "GetCourse", on the site of which the Contractor creates a personal account for the Customer. By agreeing to the terms of this public offer, the Customer confirms that he is familiar with the rules for the provision of consulting and information services by the Contractor, the tariffs offered by the Contractor, the specifics of the functioning of the Official Website of the Contractor and the online service "GetCourse" and recognizes the unconditional suitability of the online service "GetCourse" for performing actions and achieving the goals that are the subject of this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor is obliged to:
4.1.1. to provide consulting and information services to the Customer in accordance with the Customer's request generated on the Contractor's Official Website and the tariff chosen by the Customer in the time, order and volume specified in the description of such services on the Contractor's Official Website;
4.1.2. explain to the Customer the procedure and meaning of the actions performed by the Contractor within the framework of the provision of consulting and information services;
4.1.3. to maintain confidentiality with respect to all information received from the Customer, non-responsibility for the safety of all received documentation;
4.1.4. comply with the requirements of the legislation of the Russian Federation when providing services.
4.2. The Contractor has the right to:
4.2.1. to receive from the Customer the documents, information and information necessary for the provision of consulting and information services;
4.2.2. suspend the provision of consulting and information services in case the Customer fails to provide the documents, information, information necessary for the Contractor until the Customer provides all documents, information and information, but not more than one month;
4.2.3. to refuse to provide consulting and information services in case the Customer fails to provide the necessary documents, information, information to the Contractor within a period of more than one month, the amount actually paid by the Customer in this case is not refundable;
4.2.4. involve third-party third parties in the provision of consulting and information services, assuming responsibility for their actions to the Customer;
4.2.5. in cases where the provision of consulting and information services under this Agreement has become impossible due to the actions or omissions of the Customer, the Contractor retains the right to pay him the cost of such consulting and information services indicated on the Customer's Official Website;
4.2.6. at any time change the cost of consulting and information services and the terms of this public offer unilaterally without prior agreement with the Customer, while ensuring the publication of the amended terms on the Official website of the Contractor;
4.2.7. send advertising and informational messages to the Customer.
4.3. The Customer is obliged to:
4.3.1. carefully study the terms of this public offer, information about the consulting and information service to be purchased, its description, cost and procedure for provision, presented on the Official Website of the Contractor, enter correct, reliable personal data into the Order form;
4.3.2. pay for the consulting and information services provided by the Contractor in the manner and on the terms defined in the description of such service on the Official website of the Contractor;
4.3.3. provide the Contractor with all objective information, documents and information necessary for the provision of consulting and information services. Otherwise, the Customer bears the risk of adverse consequences of non-fulfillment or improper fulfillment of his task;
4.3.4. provide the Contractor with all possible assistance in the provision of consulting and information services, namely, timely and responsibly perform tasks sent by the Contractor, provide answers and explanations orally and/or in writing to questions arising from the Contractor regarding the information, documents and information provided by the Customer;
4.3.5. maintain confidentiality with respect to all information received from the Contractor;
4.3.6. not to record, not to distribute (not to publish, not to post on information resources on the Internet, not to copy, not to transfer and not to resell to third parties) for commercial or non-commercial purposes the information, materials and information provided by the Contractor to the Customer as part of the provision of consulting and information services, not to create information products based on such information, materials and information for the purpose of extracting commercial profit, as well as not to use such information, materials and information in any other way, except for personal use;
4.3.7. not to transfer to third parties the data for access to the personal account of the online service "GetCourse" and other information resources, access to which is provided by the Contractor to the Customer in order to provide consulting and information services.
4.4. The Customer has the right to:
4.4.1. to monitor the process of rendering services by the Contractor, without interfering with the activities of the Contractor;
4.4.2. refuse to receive consulting and information services in the presence of a written notification of refusal sent to the Contractor by e-mail and payment to the Contractor for the full cost of consulting and information services in accordance with the selected tariff when placing an order for the presentation of such services on the Official website of the Contractor. By agreeing to the terms of this public offer, the Customer confirms that he is aware that the consulting and information services of the Contractor, information about which is posted on the Official website of the Contractor, are integral services and are not subject to breakdown or recalculation into separate services or payment in parts for their individual parts, that does not cancel the possibility of paying for such services on the terms of installment payment according to the terms of the individual Contract.
5. SIZE, TERMS AND PROCEDURE OF PAYMENT FOR SERVICES
5.1. Having read the information about the cost of consulting and information services posted on the Contractor's Official website, the Customer forms an application on the Contractor's Official website for receiving such consulting and information services in accordance with the selected tariff.After agreeing on the details of the application formed by the Customer, the Contractor sends the Customer a link to pay for the selected service. After the Customer makes full or partial payment for the selected service, the Contract of the public offer for the provision of consulting and information services is automatically counted as concluded.
5.2. The fee for consulting and information services under this Public Offer Agreement is set in rubles.
5.3. Payment under this Public Offer Agreement is made in cashless form by transferring funds by the Customer to the Contractor's settlement account using the details specified in Appendix No. 1 to this Public Offer Agreement. The purpose of the payment must specify "Payment for the provision of consulting and information services. VAT is not levied." Payment is considered to be made at the time of receipt of funds to the Contractor's settlement account in the amount and in the manner specified in the description of the consulting and information service posted on the Contractor's Official website.
5.4. Consulting and information services, the provision of which has been terminated at the initiative of the Customer, are subject to payment in full in accordance with clause 4.4.2. of this Public Offer Agreement within 10 (ten) days from the date of written notification of the Contractor's withdrawal from the Agreement.
5.5. The Parties have agreed that the payment made by the Customer for the purpose of booking a place to receive consulting and information services is non-refundable.
5.6. Security, as well as other conditions for the use of payment methods chosen by the Customer, go beyond the scope of this Public Offer Agreement and are regulated by agreements with the relevant payment systems, banks, financial organizations.
5.7. The Customer is solely responsible for the errors that he made when paying for consulting and information services. The Contractor is not responsible for losses and other unpleasant consequences that may arise from the Customer and / or third parties in case of incorrect indication of the purpose of payment.
5.8. In the absence and/or incorrect indication of the required information, the Contractor may, at its discretion, consider that the payment obligations have not been properly fulfilled by the Customer, or independently identify the payment according to its own accounting data.
6. PERSONAL DATA
6.1. By agreeing to the terms of this public offer, the Customer gives his consent to the Contractor for automated, as well as without the use of automation tools, processing by collecting, recording, accumulating, storing, clarifying (updating, changing), extracting, using, transferring to third parties (distributing, providing, accessing), depersonalizing, blocking, deleting, destroying his personal data (surname, first name, patronymic, passport data, residence registration address, phone number, email address) in order to provide consulting and information services, and also use the phone number, e-mail address for the purpose of sending mailing letters to the e-mail address, as well as SMS mailings, newsletters via messengers on behalf of the Contractor with information about the news of the official website of the Contractor about promotions, new consulting and information services, advertising materials for a period up to the date of sending a withdrawal of consent to the Contractor.
6.2. As part of the consideration of the Customer's application, the following personal data are subject to processing:
- last name, first name, patronymic;
- postal address;
- email address;
- the contact phone number specified in the request;
- other personal data specified by the applicant in the application, as well as those that became known during the correspondence, telephone conversation or during the consideration of the received application.
6.3. If, as part of the provision of consulting and information services, the Customer provides personal data of third parties necessary for the provision of consulting and information services, the Customer guarantees that he has provided access to the Contractor's Privacy Policy and has received the written consent of this third party to transfer his personal data to the Contractor and their processing by the Contractor.
6.4. The Customer is fully responsible for informing the Contractor of the correct information about himself and other information necessary for the fulfillment of obligations under this Public Offer Agreement. If the Contractor is unable to fulfill its obligations due to the communication of the Customer with false information about itself, the Contractor is not responsible for non-fulfillment of obligations for this reason.
6.5. The Contractor has the right to cancel the Customer's application, which does not specify the data listed in clause 6.2. of this public offer.
7. TERM OF VALIDITY AND MODIFICATION OF THE TERMS OF THE AGREEMENT
7.1. The Offer is valid from the moment of publication on the Internet on the Official website of the Contractor in the section "About us", in the subsection "Public Offer Agreement", comes into force from the moment of acceptance of the offer by the Customer and is valid:
7.1.1. until the Contractor fulfills its obligations to provide consulting and information services in the amount corresponding to the amount of payment made by the Customer;
7.1.2. until the termination of the Public Offer Agreement.
7.2. The Contractor reserves the right to amend the terms of this Public Offer Agreement and/or revoke this Public Offer Agreement at any time at its discretion.If the Contractor makes changes to this Public Offer Agreement, such changes will take effect from the moment of publication, unless another period for the entry into force of the changes is additionally determined when they are published.
8. TERMINATION OF THE CONTRACT
8.1. This Public Offer Agreement may be terminated at any time at the initiative of each of the Parties ahead of schedule with a warning to the other Party at least 10 (ten) calendar days in advance by sending a rejection message to the email address. This Public Offer Agreement is considered terminated after the full settlement is made and the Parties sign an Agreement on the termination of the Contract.
9. GUARANTEES
9.1. By agreeing to the terms of this public offer by accepting it, the Customer assures the Contractor and guarantees the Contractor that he has indicated his reliable personal data when submitting an application on the official website of the Contractor.
9.2. The Customer enters into the Contract voluntarily, while the Customer:
9.2.1. fully acquainted with the terms of the Public Offer Agreement;
9.2.2. fully understands the subject matter of the Public Offer Agreement;
9.2.3. fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Public Offer Agreement.
10. LIABILITY OF THE PARTIES
10.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties will be liable in accordance with the current legislation of the Russian Federation.
10.2. Responsibility for the consequences associated with the provision of unreliable documents, information or information to the Contractor, as well as for the failure to provide documents or information necessary for the execution of the order, is fully borne by the Customer.
10.3. The collection of any penalties, fines, penalties, interest provided for by the legislation of the Russian Federation for the violation of any obligation arising from this Public Offer Agreement does not release the Parties from fulfilling such an obligation in kind. At the same time, if, as a result of a violation by one of the Parties of any of the obligations arising from this Agreement, losses were caused to the other Party, the latter has the right to recover the specified losses in full from the Party that violated the obligation. The parties agreed that the lost profits and interest in accordance with Article 395 of the Civil Code of the Russian Federation are subject to compensation.
10.4. The Party is exempt from paying the penalty if it proves that the non-fulfillment or improper fulfillment of the obligation provided for in this Agreement occurred due to force majeure circumstances or through the fault of the other Party.
11. CONFIDENTIALITY
11.1. The Parties agree that, with the exception of information that, in accordance with the legislation of the Russian Federation, cannot constitute a commercial secret of a legal entity, the content of this Public Offer Agreement, as well as all documents transferred by the Parties to each other in the process of providing consulting and information services, are considered confidential and relate to the commercial secret of the Parties, which is not subject to disclosure without the written consent of the other Party, except for the exceptions listed in clause 11.2. of this Public Offer Agreement.
11.2. This restriction does not apply to information:
11.2.1. subject to disclosure in accordance with the provisions of applicable law and with the essence of the assignments performed by the Contractor;
11.2.2. publicly known at the time of transfer, including published or made known to an unlimited number of persons without violating this Agreement of the public offer and the fault of the Parties, their employees or contractors;
11.2.3. already known to the other Party or became known during the negotiations, or the implementation of any project without violating this Public offer Agreement.
11.3. Each of the Parties undertakes to use confidential information exclusively within the framework of providing consulting and information services and to provide access to it only to persons directly involved in the process their rendering. The Parties undertake to take all necessary measures to ensure that their employees, consultants, contractors maintain the confidentiality of the above information, as well as protect it from loss and destruction.
12. OTHER TERMS OF THE AGREEMENT
12.1. In order to provide consulting and information services in a timely manner, the Parties may use electronic communication, mail, as well as messengers Telegram, WhatsApp, Skype, Zoom.
12.2. The Parties recognize the legal force of the documents received by e-mail and sent respectively from the e-mail address indicated on the Official website of the Contractor and provided by the Customer when making an application for consulting and information services. When sending documents by e-mail, the identity of the person signing the documents using an electronic digital signature is not required.
12.3. Documents sent and received by the Parties via electronic communication are recognized by the Parties as legally equivalent, without any restrictions, to documents drawn up in writing as formal evidence. The parties agreed that the correspondence through the use of social networks, messengers, e-mail will have legal force and can be used as evidence in court.
12.4. All disputes and disagreements that may arise between the Parties based on the provisions of this Public Offer Agreement or in connection with it, or arising from it, including those relating to its execution, violation, termination or invalidity, the Parties will try to resolve by negotiation.
12.5. Disputes not settled during negotiations are subject to settlement in court. Compliance with the Dispute resolution Procedure is mandatory for the Parties under this Agreement of the Public Offer. The Party receiving the claim undertakes to review the claim within 10 (ten) calendar days from the date of its receipt and notify the other Party in writing of the results of its consideration.
13. FINAL PROVISIONS
13.1. This Public Offer Agreement is a complete agreement between the Contractor and the Customer.
13.2. The Contractor does not assume any conditions and obligations with respect to the subject matter of the Public Offer Agreement, except as specified in the offer and confirmed by the Customer's request, and also except in the case when such conditions or obligations are fixed in writing and signed by the Contractor and the Customer.
13.3. If any of the terms of the Public Offer Agreement is declared invalid or illegal, or cannot enter into force in accordance with the current legislation of the Russian Federation, such provision must be separated from the Public Offer Agreement and replaced with a new provision that best meets the original intentions contained in the Public Offer Agreement, while the remaining provisions of the Public Offer Agreement do not change and remain in force.
APPLICATION No. 1
TO THE PUBLIC OFFER AGREEMENT dated 22.07.2021
REQUISITES
LIMITED LIABILITY COMPANIES "S.ACADEMY"
Limited Liability Company "S.Academy" (LLC "S.Academy")
OGRN 1207800084865
INN 7811749107
CHECKPOINT 781101001
Location: 192148,
St. Petersburg, Sedova str., 37, lit. A, of. 906-3, object 222-N
/s40702810910060000301
Bank Branch "CENTRAL" of VTB Bank PJSC Moscow
BIC 044525411
c/c 30101810145250000411