PUBLIC OFFER to enter into a paid education service subscription agreement Novosibirsk
01 January, 2022
1. Terms of Offer 1.1.This document permanently available online at: https://paulinepastryschool.co... is an offer of Autonomous non-commercial organization of additional education “Academy of Confectionary Art”, represented by Director Pavel V. Khvostenko acting under the Charter (hereinafter referred to as the "Contractor") to enter into a Paid Education Service Subscription Agreement (hereinafter, "Agreement", "Offer") for continuous education services provided under the Education License No. 12172 of 24 September, 2021 issued by the Ministry of Education of Novosibirsk Oblast with any interested natural person qualified under clause 1.5 hereof or a legal entity, or a self-employed person (hereinafter, the "Customer"). 1.2. This document is a public offer as determined in paragraph 2 of article 437 of the Civil Code of Russia. 1.3. This Offer shall be deemed to have been accepted after the full payment by the Customer for the chosen service or the first payment in case of payment by installments, or the payment through banking, crediting or some other institution acting as a surety. 1.4. Identification of the Customer/Acceptor shall be made in accordance with the last data entered into the form available on the Contractor's Website before payment for services under this Agreement, further identification (during the performance of this Agreement) of the Customer/Acceptor shall be made in accordance with the data entered on the Platform most recently. The Customer undertakes to provide correct and authentic data and bears liability for all adverse consequences caused by entering unauthentic data. 1.5. Any natural person beyond the age 14 that has received a written consent from their legal representative to the execution of a Paid Education Service Subscription Agreement by way of acceptance of this Offer under article 26 of the Civil Code of Russia may be an Acceptor of this Offer. 1.6. Acceptance of this Offer means that the Customer shall: 1.6.1. if they are below the age of 18, guarantee the availability of a legal representative's written consent to acceptance of this Offer; 1.6.2. acknowledge that they have carefully read and agree to all terms of this Agreement, Offer and local provisions of the Contractor in respect of the fashion in which the education services available online at: https://paulinepastryschool.co... are provided; 1.6.3. acknowledge that they familiarized themselves with the respective learning program of the education service chosen by them; 1.6.4. give their consent to advertisement messages (including telephone calls) from the Contractor to their email address and telephone number (including online messengers), or direct messages on https://www.whatsapp.com, they provided for registration on the Contractor's Website. Such consent shall be valid for a period from the acceptance of this Offer to the revocation of consent sent to the Contractor's mail address designated in the Agreement; 1.6.5. give their consent to the use by the Contractor free of charge of their (Customer's) image/s obtained by way of photography during the performance of this Agreement in any form and fashion not inconsistent with applicable Russian laws (in particular, by way of processing and modification) including the demonstration of such image/s to third parties and transfer free of charge to the Contractor the exclusive right to photographs, comments and other intellectual property items (hereinafter, the intellectual Property Items) created by the Customer before, during and after the study on the Course/Courses, that the Customer have posted in any section of the Website or sent by any communication channel of the Contractor during the performance of this Agreement. The exclusive right to each Intellectual Property Item will be fully transferred at no charge from the Customer to the Contractor as soon as the Customer post such Intellectual Property Item on the Website for the first time or send it via any communication channel of the Contractor in the performance of this Agreement and the Customer will not remain the owner of such right. The transfer of the exclusive right shall be understood as transfer free of charge of the Customer's exclusive right in full to the Contractor without any limitation, encumbrance or other obstacles for use. The Customer may use the above images and Intellectual Property Items exclusively and only for personal purposes not related to making profit. The Customer will retain their personal non-property rights that cannot be transferred under applicable Russian laws; 1.6.6. authorise the Contractor and agree to editing and styling their (Customer's) image/s and Intellectual Property Items in any manner as the Contractor may deem fit including modifications, preface, postscript, comments or whatever explanation; changing their captions at the Contractor's discretion; divulging and publishing them from time to time and in any manner (it they have not been in the public domain before); designating the Customer's name on each copy of the Intellectual Property Item made by the Contractor and/or third parties upon consent of the Contractor and using the Intellectual Property Item in any applicable manner that allows to implement such designation; 1.6.7. give their consent or guarantee consent of their legal representative to the processing (collection, storage, transfer, including cross-border, to third parties) of their personal data provided by them during the execution and performance of this Agreement in compliance with the Personal Data Processing Policy of 01 December, 2021 permanently available online at https://paulinepastryschool.com/policyconfeng; 1.6.8. acknowledge that they have been informed that the Contractor shall not be held responsible for visiting and using by the Customer external resources referred to on the Website; 1.6.9. acknowledge that they have read and agree to the terms and conditions of payment through https://yookassa.ru/, https://www.paypal.com/ or another online payment service used by the Contractor; 1.6.10. acknowledge that they have read and agree to the terms and conditions of getcourse.ru, https://www.whatsapp.com or another online service used by the Contractor to provide services under Agreement; and 1.6.11. acknowledge that they have no contraindications, namely: epilepsy; acute phase of neurosis; immature personality and empathic disability; high level of anxiety and panic attacks; nervous and mental disorders.
PAID EDUCATION SERVICE SUBSCRIPTION AGREEMENT
2. Terms and definitions Except as otherwise expressly provided in the Agreement, the following terms shall have the meaning shown below: 2.1. Education Course or Course means an education service in which the Contractor provides the Customer with a set of Education Materials on a common subject and services enabling the Feedback. 2.2. Education Materials mean Video Tutorials and Methodic Materials used by the Contractor for the provision of services hereunder. 2.3. Video Tutorial means a topical lesson recorded on video for the purpose of remote study by the Customer through the Internet and multimedia systems. 2.4. Methodic Materials mean a set of templates, checklists, forms, graphic, text or other tasks and other materials created and used by the Contractor for the provision of services hereunder. 2.5. Feedback means a reply to the Customer by the Contractor given after the review of the task done by the Customer and/or in response to the Customer's questions within the subject of the Education Course. Inquiries of technical and other nature not related to the subject of the education program shall not be deemed feedback and, therefore, not included into the services provided hereunder. 2.6. Website means the Contractor's official website, including all its subdomains, available on the Web at: https://paulinepastryschool.com/. 2.7. Platform means an automated interactive education system (electronic information and education environment) exclusively owned by a third party that is used by the Contractor to provide services hereunder. 2.8. Email address of the Customer means the email address specified by the Customer during the registration on the Website (Platform). All other terms that may occur in this Agreement shall be construed by the Parties in accordance with applicable laws of the Russian Federation and conventional construction rules for respective terms adopted in the Internet.
3. Subject of the Offer 3.1. The Customer shall be entitled to demand from the Contractor to provide them with an opportunity to study on the Course for consideration (subscription fee) within the required amount and scope as per terms and conditions of this Agreement and content of the complimentary general development program (hereinafter, the Program) and the Contractor undertakes to provide the Customer with education services that have been paid. 3.2. This Agreement is a subscription agreement (as per article 429.4 of the civil Code of the Russian Federation). The Customer as the subscriber under Agreement shall pay to the Contractor a consideration in accordance with the provisions of this Agreement whether the respective performance is requested from the Contractor or not. 3.3. Pursuant to the terms and conditions of this Agreement and the content of the Program posted on the Website, the Customer shall be entitled to demand from the Contractor the following scope of services: access to the Education Materials, arrangement and holding of Webinars; provision of the Customer with tasks for individual work and review of such tasks, and response to the Customer's questions within the subject of the Education Course. 3.4. The Contractor shall provide services in conformity with the terms and conditions of this Agreement: 3.4.1. in respect of access to the Education Materials – upon a request from the Customer sent by way of authorization on the Platform. 3.4.2. in respect of provision of knowledge, advise, recommendations and explanations – by way of exchanging messages via Platform and/or online messenger determined by the Contractor. 3.5. The Contractor shall provide education services under Education License No. 12172 of 24 September, 2021 issued by the Ministry of Education of Novosibirsk Oblast. 3.6. The Contractor shall locate all programs available for choice on the Website. 3.7. The relationship between the Parties in the provision of paid education services shall be governed by this Agreement, Federal Law No. 273-FZ "On education in the Russian Federation", Paid Education Service Regulations (approved by the Order of the RF Government of 15 September, 2020, No. 1441 (hereinafter, Paid Education Service Regulations), and civil law of the Russian Federation. 3.8. Information on the delivery of paid education services is provided in the Agreement and local bylaws of the Contractor available from the Website. 3.9. After the expiration of the service period, the Contractor shall provide the Customer at no charge with the License (nonexclusive) to the Education Materials to an extent and for a period specified on the Website or Annex No. 1 to the Agreement.
4. Service delivery procedure 4.1. The education is only conducted in the form of a remote education program via Platform and dedicated Software. 4.2. In order to gain access to the services, the Customer must pass the authorisation routine using their personal login and password in their personal account on the Platform. 4.3. The education is conducted without direct interaction between the Contractor and the Customer in the class. 4.4. The Customer understands and acknowledges that the education services are delivered concurrently to more than one Customer. 4.5. The education process shall pass in conformity with the timetable available on the Platform in the Customer's personal account. 4.6. Services of the education on the Course provided by the Contractor hereunder may include: 4.6.1. services of education on the Course in the form of access to the Education Materials of the Course; and 4.6.2. services of education on the Course in the form of Feedback. 4.7. Information on the content of the service shall be posted by the Contractor on the Website and may include one or more forms of service (see clause 4.6 hereof). 4.8. Service of education on the Course delivered in the form of access to the Education Materials of the Course shall be subject to the following provisions: 4.8.1. The Service of education on the Course in the form of access to the Education Materials shall be implemented as provision of the Customer on a paid basis with access to Video Tutorials and Methodic Materials available on the Platform; 4.8.2. The Education Materials shall be located by the Contractor in the respective section of the Platform available to the Customer in the manner determined in clause 4.2 of this Agreement; and 4.8.3. The Customer may have stepwise access to the Education Materials in accordance with the timetable approved by the Contractor. The Customer shall be provided with the timetable by way of posting it in the Customer's personal account on the Platform or sending it to the Customer's email address. 4.9. Service of education on the Course delivered in the form of Feedback shall be subject to the following provisions: 4.9.1. The Feedback shall be provided on the Platform and via https://www.whatsapp.com; 4.9.2. The Customer shall have access to the Platform section, where the Contractor responds to the Customer enquiries and reviews the tasks done by the Customer, in the manner determined in clause 4.2 of this Agreement; 4.9.3. The Contractor shall provide the Feedback on a daily basis from 8:00 to 20:00 Moscow time within 48 hours since the Customer has posted a completed task or a request in the Platform section intended for Feedback. 4.9.4. The manner of and requirements to the completion of a task by the Customer shall be determined by the Contractor on the Platform. 4.9.5. If the Customer fails to post completed tasks or requests in the respective section of the Platform intended for Feedback, the Contractor shall not be responsible for non-provision of the Feedback. Upon the expiration of the service period, the service shall be deemed to have been rendered and the respective amount of payment shall not be subject to refund. 4.10. The Parties have agreed on the stepwise method of accepting services delivered by the Contractor. Except as otherwise stated in the Agreement, the acceptance of services shall be made by the Customer on a daily basis without execution of the Service Completion and Acceptance Statement. Failing a reasoned claim sent within one calendar day by the Customer to the Contractor, the services delivered on the day preceding the current date shall be deemed to have been accepted by the Customer without any objection to their quality and amount. 4.11. The cost of services (for the purpose of determining the amount paid as a fee to the Contractor and subject to refund because of early termination of this Agreement) shall be calculated as proportional to the number of open lessons relative to the total number of lessons included in the Program. A lesson shall be deemed opened if the compliance with the timetable is maintained. Such lesson will be available for viewing if the Customer has fulfilled their obligations under Agreement (including payment for services thereunder and completion of home tasks). If the Customer fails to fulfill the said obligations, but access to the lesson is to be provided in accordance with the timetable, such lesson shall for the purpose of this clause be deemed open. The cost of open lessons shall be determined as follows: 4.11.1. cost of the first open lesson is calculated according to the formula: 0.5*Х; 4.11.2. cost of the second open lesson is calculated according to the formula: 0.3*Х; 4.11.3. cost of the third open lesson is calculated according to the formula: 0.1*Х; 4.11.4. cost of the fourth and next open lessons is calculated according to the formula: 0.1*Х/(Z-3), where "Х" is the total cost of services, "Z" is the total number of lessons in the Education Course Program. 4.12. If the Customer fails within 8 (eight) months from the execution date of this Agreement to choose a Program and commence the study, the money paid by the Customer shall not be refunded and shall be retained by the Contractor as a deposit. The Customer shall be entitled to use the amount of deposit to pay for the Contractor's services. 4.13. The date of opening the first lesson in the Program chosen by the Customer shall be deemed the date of service commencement. The date of opening the first lesson shall be determined in accordance with the timetable of the respective Program. 4.14. The period of education service provision shall be determined relative to the Program chosen by the Customer and shall be specified in Annex No. 1 to this Agreement. 4.15. Grounds for, procedure and consequences of discharging the Customer: 4.15.1. The Contractor shall discharge the Customer after successful completion of the Program (including timely completion of the tasks) with the issue of a Program Completion Certificate. 4.15.2. The Contractor shall discharge the Customer with a certificate of study or study period but without the Program Completion Certificate: 18.104.22.168. in the cases envisaged in the Russian laws, 22.214.171.124. upon request of the Customer, 126.96.36.199. upon the expiration of the study period, 188.8.131.52. if the Customer violates the provisions of paragraph 5.3.1 of this Agreement, and 184.108.40.206. if the Customer fails to comply with the Internal Regulations of the Contractor (available on the Website); 4.15.3. The Contractor shall discharge the Customer without a certificate of study or study period: 220.127.116.11. if the Customer fails to commence their study within the validity period of this Agreement without a good reason; 18.104.22.168. if the Customer fails to complete the Program within the set term; 22.214.171.124. if the Customer fails to pay for the Services; and 126.96.36.199. in the cases envisaged in the Russian laws.
5. Rights and liabilities of the Parties 5.1. The Customer shall be entitled to: 5.1.1. Receive selected and paid services in accordance with the terms and conditions of this Agreement. 5.1.2. Make decisions regarding the necessity of certain actions recommended by the Contractor in relation with the provision of services hereunder. 5.1.3. Postpone the service upon a request sent in the manner described in paragraph 5.5.4 hereof. The maximum period of such postponement shall be one year from the time scheduled for completion of the study period in the Program chosen by the Customer. 5.1.4. Extend the study period for extra payment. The scope of services and the cost of such extension shall be determined by the Contractor at their sole discretion and the respective information shall be posted on the Website. 5.1.5. Exercise other rights available under this Agreement. 5.2. The Customer shall not be entitled to: 5.2.1. Bypass technical limitations set on the Platform or Website. 5.2.2. Study the technology of, decompile or disassemble the Website, Intellectual Property Items or any materials available to the Customer in connection with the performance of this Agreement. 5.2.3. Copy the Website, Intellectual Property Items (including the copying of names of Education Courses designated on the Website) and any materials available to the Customer in connection with the performance of this Agreement, or copy design features of the above listed items. 5.2.4. Modify the Website, act so as to alter the functioning and operability of the Website. 5.2.5. Allow third parties to have access to the Intellectual Property of the Contractor, personal account on the Platform or any materials available to the Customer in relation with the performance of this Agreement, unless the Contractor gives their express written consent to such access. 5.2.6. Distribute, transfer to third parties or otherwise use wholly or in part the materials and content of the Website and Education Materials. 5.2.7. Sell or transfer the right of making claims against the Contractor. 5.3. The Customer shall be required to: 5.3.1. Present to the Contractor for the purpose of enrollment for education and in the Program, formation of the Customer's personal record and due execution of this Agreement in compliance with the requirements of the Russian law the following documents: 188.8.131.52. application for enrollment in the program (completed by the Customer for online registration on the Course); and 184.108.40.206. address of the Customer's location and residence. 5.3.2. Follow the education timetable and recommendations of the Contractor regarding the education subject to paragraph 5.1.2 of this Agreement. 5.3.3. Receive the service on an individual basis. 5.3.4. Communicate with the Contractor or another person during the performance of this Agreement in compliance with the Communication Guidelines set out in Annex No. 2 to this Agreement. 5.3.5. Apply to the Support Service by sending an email to firstname.lastname@example.org with requests for information on the services provided hereunder. Absence of such requests shall be deemed evidence that the Customer has been furnished with necessary and sufficient information on the services provided hereunder. 5.3.6. Set up and ensure continuous operation of the software, hardware and web channel of their personal computer or another digital device for reception of the services in such a way that allows for unhampered use of all services of getcourse.ru and other services used for the provision of services hereunder. 5.3.7. Check on a daily basis since the date of payment of the service fee the mailbox designated for the registration on the Platform including the Spam folder for messages sent by the Contractor. If a message from the Contractor falls into the Spam folder, it shall be deemed to have been received by the Customer, whether read by the Customer or not. 5.3.8. Take all reasonable measures necessary to pass and successfully complete the education of the Course. 5.3.9. Provide the Contractor within 48 hours upon their request with the written consent of the Customer's legal representative to the execution of this Agreement, if the Customer is below 18. 5.3.10. Pay up the education services rendered by the Contractor. 5.3.11. Fulfill other duties taken hereunder. 5.4. The Customer shall guarantee that: 5.4.1. The Contractor is provided with complete and authentic data when the registration form on the Website and Platform is completed. If the Customer provides unauthentic or incomplete data, the Contractor shall not be responsible to the Customer if such invalid data cause any information to be provided to third parties instead of the Customer even if such information contains some personal data of the Customer. 5.4.2. The software and hardware used for educational purposes meet the following technical requirements: 220.127.116.11. for the personal computer: CPU clock frequency at least 1.5 GHz, RAM at least 4.0 Gb, HD at least 128.0 Gb, monitor at least 10" with resolution at least 1440*900 pixels and higher, OS Windows 7+ or Mac OS X 10.7+ and above, browser Google Chrome most recent version; and 18.104.22.168. for the smartphone: OS Android version 5.0 and or iOS version 8 and above, RAM at least 1.0 Gb and above, screen at least 720×1280 and higher, browser Google Chrome most recent version. 5.5. The Contractor shall be entitled to: 5.5.1. Abstain from or suspend the provision of services and access to the personal account on the Customer's Platform, until the respective violation is remedied if: 22.214.171.124. the Customer fails to comply with the terms and other conditions of payment under this Agreement; 126.96.36.199. the Customer provides invalid information for registration on the Platform; and 188.8.131.52. the Customer fails to comply with the requirements of the Internal Regulations and paragraph 5.3.1 of this Agreement. 5.5.2. Remove the Customer without prior notice from the group chat or the section on the Platform that contains the Materials if the Customer violates the requirements of paragraph 5.3.4 of this Agreement. In this event, the Contractor shall be deemed to have fulfilled their obligations in full and the customer shall not be entitled to refund of money paid as a fee to the Contractor under this Agreement. 5.5.3. Modify the Program with necessarily required amendments (caused, in particular, by appearance of new approaches and technologies in education or other reasons). 5.5.4. Suspend the provision of services if the Customer fails to comply with the manner of payment for the Services hereunder or a request to postpone the Services is served upon the Contactor. Such postponement shall have effect to the date on which the Customer resumes making payments for services or to the date designated in the Customer's request. The Customer shall send such a request in the manner described in clause 12.4 of this Agreement. In the event of postponement of service, the Customer will be blocked from access to the Education Materials until the expiration of the postponement period. 5.5.5. Adjourn the beginning of services (education) until another date with three days' notification of the Customer before the date scheduled for services by way of notice to the Customer's email address or messages on https://www.whatsapp.com. 5.5.6. Exercise other rights available under this Agreement. 5.6. The Contractor shall be required to: 5.6.1. Provide the Customer with adequate conditions for access to respective knowledge, techniques and skills, including, in particular, necessary amount of multimedia and online education aids, appropriate information and education environment, and learning process support (review of the Customer's home tasks, consulting, etc.). 5.6.2. Confer the Program Completion Certificate on the Customer, provided that the Customer has accomplished studying the Education Materials and doing the tasks included in the Program. The Program Completion Certificate shall be sent to the Customer's email address within 30 (thirty) days from the date of delivery by the Customer of the final qualification work. 5.6.3. Provide the Customer with information on their progress by way of posting such information in the personal account of the Customer on the Platform. 5.6.4. Deliver services paid for by the Customer in due manner and to the full extent as determined by the terms and conditions of this Agreement. 5.6.5. Fulfill other duties envisaged in this Agreement. 5.7. The Contractor will not guarantee that the Education Materials and services meet the expectations of the Customer.
6. Liability 6.1. The Contactor shall not be liable for unavailability of services because of failure of the online channel, hardware or software on the Customer's side or any other obstacles for delivery of services to the Customer that have occurred through the Customer's fault. 6.2. Any liability for illegal use of the information available for the Customer during the performance of this Agreement shall be borne by the Customer. 6.3. The Customer undertakes not to divulge their authentication data used for access to the personal account on the Platform to third parties allowing them to have access to the Education Materials or otherwise provide access to the Education Materials for third parties (including publication or distribution of the Education Materials). If it is found that third parties have access to the Education Materials through the Customer's fault, the Customer shall, upon request of the Contractor sent to the email address of the Customer, pay a penalty of 500,000 (five hundred thousand) rubles. The amount of penalty is determined considering the extent of potential or actual damage to the rights and legitimate interests of the Contractor that may significantly exceed the cost of services paid by the Customer under this Agreement. The Contractor's demand to pay the penalty shall be immediately satisfied voluntarily in the pretrial process. If the Customer refuses or fails to meet such demand, the contractor shall be entitled to immediately appeal to court for defense of their violated rights without resorting to the extrajudicial dispute resolution procedure. 6.4. The Contractor shall not be responsible for actions of banks or e-payment systems authorised to carry out payment and refund transactions during the execution, performance and termination of this Agreement. 6.5. The Contractor's liability shall always be limited to the amount of the Contractor's fee received under this Agreement.
7. Contractor's Fee 7.1. The amount of the Contractor's fee under this Agreement shall be determined subject to the Education Program chosen by the Customer and stated in Annex No. 1 thereto. The Contractor may propose an individually determined cost of services with a discount by way of a personal offer sent to the Customer's email address. The Customer shall acknowledge their consent to such cost at the time of acceptance of the Offer. 7.2. The Contractor's fee shall be exempt from VAT in accordance with subparagraph 14, paragraph 2 of the article 149 of the Tax Code of the Russian Federation. 7.3. Save that otherwise envisaged in Annex No. 1 to this Agreement, for payment of the Contractor's fee for education services provided on the Course under this Agreement, the Customer may choose any of the following methods: 7.3.1. full (100%) lump sum payment for the education services before the beginning of education; 7.3.2. stepwise payment of the education fee in a manner agreed upon between the Parties in accordance with the method determined in clause 12.4 hereof or designated by the Contractor on the Website; and 7.3.3. payment for a service chosen by the Customer by way of credit-based installments if an opportunity to pay by installments is provided on the Website. The Customer shall be allowed to pay by credit-based installments subject to the terms applied by the crediting bank. 7.4. The date of crediting the Contractor's bank account with the respective funds shall be deemed the date of payment.
8. Nonexclusive License 8.1. After the expiration of the service period, the Customer shall retain access to the Education Materials that have been available to them during the service period. Such access to the Education Materials shall be provided on the terms of nonexclusive license. 8.2. The Customer shall have a nonexclusive right to use the Education Materials available to them in the service period under this Agreement within the following scope: review and display of the Education Materials on the PC exclusively by the Customer themselves without the right to copy, distribute, publish, translate or otherwise use such materials fully or in part. 8.3. The License shall be given to the Customer on a gratuitous basis. 8.4. The term of License shall be designated by the Contractor on the Website. After the termination of the validity period of the Agreement (expiration, dissolution), the Customer's access to the Education Materials shall be blocked and the License shall be no longer effective. 8.5. The License to the Education Materials shall be valid in all countries of the world and within the Internet. 8.6. The Contractor shall be entitled to issue at their own discretion licenses to the Education Materials to any third party (on both chargeable and no-charge basis). 8.7. The Contractor may in the effective period of the License carry out updates, modifications and/or enhancements of the Education Materials. The Contractor may at their own discretion suspend operation of the hardware used to provide access to the education Materials for remedial action if serious faults, errors or malfunctions are found, or for the purpose of maintenance and prevention of unauthorised access at any time and/or in case of necessity. The above examples of lack of access to the Education Materials shall not be deemed nonperformance of obligations under this Agreement.
9. Settlement of disputes 9.1. In case of disputes arising out of this Agreement or in connection with the same, such dispute shall always be settled by way of extrajudicial complaint procedure except as provided in clause 6.3 of this Agreement. 9.2. The Customer shall send their claims from the Customer's email address to the email address of the Contractor at email@example.com, the Contractor shall send their claims from the email address firstname.lastname@example.org to the email address of the Customer. 9.3. Upon receipt of a claim, the receiving Party shall reply thereto within ten calendar days from the date of receipt. 9.4. Claims sent to the Contractor shall be reviewed in accordance with applicable Russian laws. 9.5. The extrajudicial complaint procedure of dispute settlement shall be binding upon the Parties. 9.6. In the event of failure to come to agreement, the dispute shall be referred to the court having jurisdiction over the Contractor's location.
10. Amendment or termination of the Agreement 10.1. The Contractor shall be entitled to modify or amend from time to time the terms and conditions of the Agreement by posting such modifications on the Website. If the Customer considers such modifications as not acceptable, the Customer shall within 7 days after the date of said posting notify the Contractor thereof in writing. If such notification has not been received by the Contractor, the Customer shall be deemed to continue their participation in the relationship under the Agreement subject to the new terms. 10.2. The Parties shall be entitled to terminate this Agreement upon mutual consent at any time before the date of actual fulfillment. 10.3. Governed by part 4 of art. 421, part 1 of art. 782, art. 783, an art. 717 of the Civil Code of the Russian Federation, the Parties have agreed upon and determined the following terms for early termination of this Agreement in the event that the Customer wishes to terminate the performance thereof: if the Customer wished to terminate this Agreement, the Customer shall: 10.3.1. Send to the Contractor a notice of unilateral termination of this Agreement (as per Annex No. 3 hereto) from the Customer's email address to the Contractor's email address at email@example.com. This Agreement shall be deemed terminated from the date, on which the Contractor receives the Customer's notification of unilateral termination of this Agreement. 10.3.2. Indemnify the Contractor for actual expenses incurred in connection with the provision of services under this Agreement including: 10.3.2.1. expenses of the Contractor on the use of the software and payments for third party services in the process of education; 10.3.2.2. commission fees of banking and crediting institutions and respective payment systems for refund of money paid by the Customer and interest collected by banking and crediting institutions for providing the Customer with funds to pay for the Contractor's services; and 10.3.2.3. other expenses sustained by the Contractor in the process of providing services under this Agreement. The particular amount of actual expenses shall be determined by the Contractor individually. 10.3.3. Pay for the services delivered as on the date of termination of this Agreement. 10.4. The Customer shall be refunded to the extent of money paid as fee to the Contractor, net of the cost of services delivered and accepted under this Agreement. The amount of refund to the Customer shall be determined in accordance with clause 4.11 of this Agreement. The amount withheld by the Contractor shall not be deemed penalty or fine. The moneys to be refunded to the Customer shall be remitted within 30 (thirty) days from the date of receipt by the Contractor of a duly executed including the banking particulars notice of termination of this Agreement. 10.5. The Contractor may terminate this Agreement, if: 10.5.1. the Customer commits violation of clauses 5.2, 5.3, and 6.3 thereof; and 10.5.2. the Customer fails to meet the terms of payment of the Contractor's fee. 10.6. If the Agreement is terminated for any reason set out in clause 10.5, the Contractor will notify the Customer thereof by way of sending an email message to the email address of the Customer. The money paid by the Customer to the Contractor will not be refunded and will be withheld by the Contractor as a penalty for improper performance of the Agreement. The Agreement shall be deemed terminated from the date of sending by the Contractor a respective notice to the Customer. 10.7. Access of the Customer to the Education Materials or other materials provided by the Contractor during the performance of the Agreement will be blocked on the date of early termination of the Agreement. 10.8. If the Contractor is obliged to refund money to the Customer after termination of the Agreement, the Customer shall provide the Contractor with banking particulars of the account that has been used to pay for the services. Otherwise, the Contractor may withhold funds, until pertinent banking details are provided. The amount to be refunded shall not be charged with penalty for the period of unavailability of pertinent banking details.
11. Territory and validity period of the Agreement 11.1. This Agreement shall take effect from the date of execution, i.e. the date on which the Customer has accepted the Offer, to the date of fulfillment by the Parties of their respective obligations hereunder. 11.2. This Agreement shall be valid in any country of the world and within the Internet.
12. Miscellaneous 12.1. The exclusive and personal non-property rights to the Website and any intellectual deliverables available on the Website, and all materials available to the Customer during the execution and performance of this Agreement shall be owned by the Contractor (or third parties that authorised the contractor to use the foregoing) and protected by applicable Russian laws. 12.2. Any information available to the Customer in connection with the delivery of services under this Agreement shall not be copied, transferred to third parties, replicated, distributed, sent or published as soft or hard copy or in another form without entering into additional agreements or having official written consent of the Contractor. 12.3. The Contractor shall be entitled to transfer their rights and debts that may arise from liabilities under this Agreement. The Customer hereby gives their consent to such transfer of rights and debts to any third party. The Contractor shall notify the Customer of any accomplished transfer of rights and/or debts by way of sending a relevant message to the email address of the Customer. 12.4. The Parties consider themselves as participants of electronic interaction in compliance with applicable laws and agree that all e-documents signed with simple electronic signature are to be recognised as electronic documents equal to hardcopy documents with handwritten signature. The Parties shall send e-documents to the email addresses designated by the Contractor in this Agreement and by the Customer when signing up on the Website and/or Platform. If a document is signed with simple electronic signature (hereinafter, SES), the Customer or Contractor shall be identified through their mailboxes and respective passwords. Here, the mailbox address shall be the public part, and the password for it, the private part of SES key. The Parties shall guarantee that no third party is aware of the passwords for their mailboxes. Each Party shall exclude an opportunity for unauthorised persons to sign electronic documents (including SES). 12.5. For all matters not regulated in this Agreement, the Parties shall be governed by applicable laws of the Russian Federation. 12.6. Annexes deemed to be an integral part of this Agreement: Annex No. 1 Terms and Conditions of Services under an extra General Education Program; Annex No. 2 Communication Guidelines; Annex No. 3 Notification of unilateral termination of the Agreement (applicable form).
13. Banking particulars of the Contractor:
Autonomous non-commercial organization of additional education “Academy of Confectionary Art” Registered office: 118, Saltykova-Shchedrina St., apt. 71, Novosibirsk, Novosibirsk Oblast, Russia, 630132 PSRN 1215400030010 TIN 5407982134 A/c 40703810900000719836 with АО Tinkoff Bank Correspondent account 30101810145250000974 RCBIC 044525974 TIN 7710140679
Director of the Academy of Confectionary Art Pavel V. Khvostenko __________________________
Annex No. 1 Education Service Subscription Agreement of ____________
Terms and Conditions of Services under an extra General Education Program _________________
1._____________ 1.1.Education (service) period _________ days. 1.2.Ordinary (Nonexclusive) License period _______________. 1.3.Cost of services ___________ (_________________) rubles.
Director of the Academy of Confectionary Art Pavel V. Khvostenko /__________________________
Annex No. 2 Education Service Subscription Agreement of ____________
The Customer, in chats run by the Contractor for provision of services under the Agreement and in the section of the Platform intended for the Feedback, shall not: 1.1. Publish derogatory information; 1.2. Make complaints in respect of quality and scope of services delivered by the Contractor; 1.3. Use obscene and taboo language; 1.4. Offend or discriminate members or third parties in any form (on grounds of race, religion, etc.); 1.5. Post in chats run by the Contractor for provision of services under the Agreement (hereinafter, the Chat) files, images, links and other materials bearing obscene or abusive content; 1.6. Publish messages/articles/posts/links of advertising (to any extent) nature; 1.7. Publish messages/articles/posts/images not related to the subject of the Chat; 1.8. Post links to any chats or subscription pages.
The Contractor shall be authorised to determine and post on the Website and/or Platform any additional communication and conduct regulations binding upon the Customer. Annex No. 3 Education Service Subscription Agreement of ____________
Date ________________________________ Passport series ___________ No. _________ Issued _______________________________ _____________________________________ Division Code _______________________ Address:______________________________ e-mail: _______________________________ Tel.:_________________________________
Director of the Academy of Confectionary Art Pavel V. Khvostenko Registered Office: 118, Saltykova-Shchedrina St., apt. 71 Novosibirsk, Novosibirsk Oblast, 630132, Russia PSRN 1215400030010 TIN 5407982134 e-mail:firstname.lastname@example.org
Notification of unilateral termination of the Agreement
On _______, 20__, I accepted the Offer to enter into an Education Service Subscription Agreement of _________, 2021 (hereinafter, the Agreement) and paid for education on the Program __________________________________, Course _____________________ in the amount of ________________________ (_________________________________) rubles.
For the reason of _____________________________________________________________ , I hereby notify that I in the unilateral manner terminate the further performance of the Agreement and ask for refund of money that I have paid, net the cost of services and expenses incurred by the Contractor during the provision of education services under the Agreement as on the date of receipt by the Contractor of this Notification.
Please, remit the amount of refund to the bank account that has been used to pay for the services in accordance with the following details: