OFFER AGREEMENT FOR THE RENDERING OF SERVICES FOR INDIVIDUALS FROM JANUARY 5, 2021
This document is an official offer to any individuals not registered as individual entrepreneurs (public offer) Ivanchenko Ivan Yuryevich, hereinafter referred to as the Contractor and contains all the essential terms of the service agreement.
In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), if the conditions set forth below are accepted, the person making the acceptance of this offer becomes the Customer (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of the offer is tantamount to concluding an agreement on the conditions set forth in offer).
1. TERMS AND DEFINITIONS
1.1. "Offer" - this offer, containing all the essential terms of the agreement, from which the will of the Contractor is seen to conclude an agreement on the conditions specified in this offer with any person who responds.
1.2. "Contractor's site" - a site located at: https://ivanivanchenko.com/
1.3. "Offer Acceptance" is the performance by the Customer of the actions specified in this Offer, indicating the acceptance by this person of the terms of the Offer in full, including the performance of actions to fulfill the conditions specified in this Offer.
1.4. "Customer" - an adult capable individual, individual entrepreneur or legal entity who entered into an Agreement with the Contractor in written electronic form as a result of the Offer Acceptance and, thereby, received the right to receive the Contractor's Services, and fully fulfills its obligations under the Agreement.
1.5. "Agreement" - means this Offer Agreement for the provision of Services selected by the Customer on the Contractor's Website, concluded between the Contractor and the Customer as a result of the Customer's Acceptance of the Offer, giving the Contractor and the Customer the rights and obligations specified in this Offer. Any reference in this Offer to the Agreement (article of the Agreement) and / or its terms means the corresponding link to this Offer and / or its terms. The contract is concluded in writing by generating electronic documents signed by a simple electronic signature of the Customer (including by attaching these parties to this offer as a result of the Offer Acceptance, attaching a description of the services provided, etc.).
1.6. "Parties" - jointly referred to as the parties to the Agreement - the Contractor and the Customer.
1.7. "Service" / "Services" - the activities of the Contractor related to the provision of services for training the population on courses, by providing customers with access to individual sections of the Contractor's Site, or by providing access to the Contractor's content, including the provision of Services for conducting courses, webinars remotely in the format of online broadcasts and presentations via the Internet in real time or in recording. The customer can take part in the marketing research of the Contractor for an additional fee. Description of the Services, their conditions and cost are available on the Contractor's Website: https://ivanivanchenko.com/
1.8. The terms of the Services selected by the Customer become part of the Agreement.
2. GENERAL PROVISIONS
2.1. This offer defines all the essential terms of the contract between the Contractor and the Customer, including the procedure for the provision of the Contractor's Services.
2.2. The Offer, as well as all information about the Contractor's Services: the cost, types and terms of the Services are published on the Contractor's Website.
3. SUBJECT OF THE CONTRACT
3.1. The Contractor undertakes to provide the Customer with the Services selected by him.
3.2. The Customer undertakes to pay for the Services on the terms and in the manner determined by this Agreement.
4. PROCEDURE FOR CONCLUDING AGREEMENT. METHODS OF PAYMENT FOR SERVICES
4.1. The proper unconditional acceptance of this Offer in accordance with Article 438 of the Civil Code of the Russian Federation is the payment by the Client for the Contractor's Services on the terms of 100% prepayment.
4.2. The cost of the Services and methods of payment for the Services by the Customer, a description of the additional options provided by the Contractor for payment and receipt of the Services are published on the Contractor's Website. By paying for and / or ordering the Services, the Customer expresses full and unconditional agreement with the terms of the Offer in force at the time of payment, part of which are the conditions for the provision of the Services.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The customer undertakes:
5.1.1. pay in full for the Services in the order of 100% prepayment before the start of their provision;
5.1.2. inform the Contractor of information (including personal data) necessary for the Contractor to provide the Customer with the Services and fulfill his other obligations established by the Agreement and the current legislation of the Russian Federation;
5.1.3. independently monitor any updates to the information posted on the Contractor's Website, including, monitor changes in the conditions for the provision of the Services, changes in this Agreement and any other materials that are directly or indirectly related to the provision of the Service or affect them. The customer is deprived of the right to refer to the lack of awareness of these changes, if such changes are posted on the Contractor's Website;
5.1.4. not to reproduce (copy), distribute, not to bring to the general knowledge, and also not to use in any other way any results of intellectual activity that become available to the Customer in the process or as a result of the provision of the Services.
5.2. The Customer has the right to receive the ordered Service subject to its advance payment.
5.3. The Contractor undertakes to organize and provide the Service selected by the Customer with high quality and taking into account the description of the Service that is selected by the Customer.
5.4. The contractor has the right:
5.4.1. not to admit to the receipt of the Services of persons whose data provided at the conclusion of the Agreement do not coincide with the data of persons applying for the provision of the Services immediately before the commencement of the provision of the Services;
5.4.2. independently choose the form of provision of the Services, taking into account the conditions for the provision of the Services selected by the Customer;
5.4.3. at any time, in whole or in part, change the description of the Services, taking into account the prior notification of the Customer; such changes and additions take effect immediately after the appropriate notification, which can be sent to the Customer in any form, including, but not limited to, posting the relevant notification on the Contractor's Website and / or otherwise.
6. SPECIAL TERMS AND LIABILITIES OF THE PARTIES
6.1. The Customer shall fully compensate for losses caused to the Contractor by violation of the terms of the Agreement by the Customer or a third party in whose interests the Customer entered into the Agreement.
6.2. The Customer is responsible for the completeness and accuracy of the information (including personal data) provided to the Contractor when ordering the Services. In case of changes in the information (including personal data) provided to the Contractor, the Customer is obliged to notify the Contractor of the changes made within 10 (ten) calendar days from the date of entry into force of the relevant changes, but no later than 2 (two) days before the start of the Services ... The Customer independently and fully bears all the risks associated with the lack of the Contractor's current information (including personal data).
6.3. The parties are released from liability for non-fulfillment or improper fulfillment of their obligations under the Agreement if they prove that proper fulfillment was impossible due to force majeure circumstances that the parties could not foresee and avoid - force majeure. In this case, the presence of force majeure circumstances extends the period for the Parties to fulfill their obligations under the Agreement until the termination of the corresponding force majeure circumstances. If these circumstances are valid for more than 30 (thirty) days, the Parties have the right to unilaterally terminate this Agreement.
6.4. The Customer has the right, after payment for the Services, no later than 7 (Seven) days before the start of the provision of the Services, to refuse to execute this Agreement and demand a refund of the paid cost of the Services.
6.5. In case of refusal of the Customer from the Services and from the execution of this Agreement in other terms, the Contractor has the right to withhold the costs incurred by him, incurred to provide the Services to the Customer.
7. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES
7.1. The Customer's claim for non-fulfillment and / or improper fulfillment by the Contractor of its obligations under the Agreement shall be presented in paper writing and must be registered on the day it is received by the Contractor. The claim shall be accompanied by the documents necessary for consideration of the claim, which must contain information on non-fulfillment or improper fulfillment of the Contractor's obligations under the Agreement.
7.2. If the claim was recognized by the Contractor as justified, the identified deficiencies must be eliminated. Refusal to satisfy the claim must be reasoned. The customer may be offered options:
7.2.1. receive the Service at another time;
7.2.2. receive another Service of equal price;
7.2.3. get a discount on the Services;
7.2.4. refund of money paid in the form of prepayment for the Services.
7.3. All disputes directly or indirectly related to the Offer and the Agreement concluded as a result of the Offer Acceptance shall be resolved by the parties through negotiations. If a settlement of the dispute through negotiations cannot be achieved, all disputes are subject to consideration in court at the location of the Contractor. Compliance with the claim procedure for resolving a dispute by the Customer before going to court is mandatory.
8. STORAGE AND PROCESSING OF PERSONAL DATA
8.1. The Customer, in accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data", as a result of the Offer Acceptance, gives the Contractor consent to the collection, storage and processing, including automated processing, of information related to personal data (hereinafter "Personal data ") The Customer or a third party, in whose interests the Customer concludes an agreement (last name, first name, patronymic, registration address, place of residence, contact numbers, email addresses, payment amounts) including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer), depersonalization, blocking, destruction of personal data. The processing of Personal Data is carried out in order to conclude an Agreement with the Contractor on the basis of this Offer, any other agreements and their further execution, settle settlements with the Customer, make decisions or perform other actions that give rise to legal consequences in relation to the Customer or third parties, provide the Customer with information about the By the Contractor, the fulfillment of contractual obligations to third parties, as well as in order to inform the Customer about changes in the conditions for the provision of Services, the terms of the Offer, about new products and services developed and / or offered by the Contractor and / or its counterparties and partners. The Customer, upon Acceptance of the Offer, agrees to receive advertising information.
8.2. The consent given by the Customer in relation to the processing of personal data specified in clause 7.1. The Offer is given to the Contractor before the expiration of the storage time of the relevant information or documents containing the above information, determined in accordance with the legislation of the Russian Federation, after which it can be revoked by sending the Customer a written notice to the Contractor at least 3 (three) months before the withdrawal of consent ... Withdrawal of consent to the processing of personal data automatically means a unilateral refusal of the Customer's Services.
9. DURATION OF THE CONTRACT. AMENDMENT AND TERMINATION PROCEDURE
9.1. The Agreement enters into force from the moment of Acceptance of this Offer in the manner prescribed by clause 4.1 of the Agreement, and is valid during the period for the provision of the Services in terms of the obligations to provide the Services and for other periods, if such periods are specified in the Offer (for example, in relation to consent to processing of personal data), or until its termination on the grounds provided for by this Agreement, including in the absence of the technical ability to provide the Services.
9.2. The Customer has the right to terminate the Agreement unilaterally by sending a written application for termination to the Contractor no later than 7 (Seven) days before the start of the Services.
10. OTHER CONDITIONS
10.1. All claims to the Contractor must be sent by the Customer in writing using courier mail with mandatory certification of the content, or by a valuable letter with a list of attachments with acknowledgment of receipt, unless another procedure for sending them is specifically provided for by the terms of the Agreement.
10.2. All other messages and proposals, as well as any other documents related to this Agreement, with the exception of those specified in clause 8.1. of this Offer, may be sent to the postal and e-mail addresses of the Parties, and are appropriate if they allow the sender to be identified (for example, contain the name, e-mail address, contact details of such a person).
10.3. The parties agreed to apply the rules on a simple electronic signature to the signing of documents constituting the content of electronic correspondence, considering as such a simple electronic signature the mailbox addresses specified in the details of the Contractor and contained in the data about the Customer specified in the order of the Service, equating such simple electronic signatures to an analogue of the handwritten signature of the Parties, and documents in electronic form - to analogs of documents on paper. The parties undertake to keep the keys of their electronic signatures confidential.
11. DETAILS OF THE CONTRACTOR
Ivanchenko Ivan Yurievich
R / S: 40817810355171178319
Bank: Severo-Zapadny Bank PAO of Sberbank
Correspondent account: 30101810500000000653