Public offer
For the conclusion of a subscription fee agreement for the provision of training services on the course
1. Provisions of the Offer
1.1. This document, permanently posted on the Internet at the network address: https://dariaboikova.ru/, is an offer of the Individual Entrepreneur Daria Boykova (hereinafter referred to as the "Contractor") to conclude a Subscription Fee Agreement for the provision of training services on the course (hereinafter referred to as the "Agreement", "Offer") with any interested individual who complies with paragraph 1.4. of this Offer (hereinafter referred to as the "Customer").
1.2. This document is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
1.3. Acceptance of this Offer is the payment of the Contractor's remuneration by the Customer (making the first subscription payment).
1.4. By accepting this public Offer, the Customer confirms their legality, authority, legal capacity, having reached the age of 18, as well as the legal right to enter into contractual relations with the Contractor.
1.5. By accepting this Offer, the Customer agrees to the processing (collection, storage, transfer to third parties) of personal data provided by them in the process of concluding and executing the Agreement in accordance with the Personal Data Processing Policy of 2021, the text of which is permanently posted on the Internet at https://dariaboikova.ru/
1.6. By accepting this public Offer, the Customer agrees to receive advertising mailings from the Contractor to the email address specified by them when registering on the Contractor's Website. The consent is valid from the moment of acceptance of this Offer until the moment of withdrawal of consent sent to the postal address of the Contractor specified in Section 12 of the Agreement.
1.7. By taking actions to accept this public Offer, the Customer confirms that:
1.7.1. has read and agrees with all the terms of the Agreement and the Appendices thereto;
1.7.2. has read and agrees with all the terms and conditions and rules for accepting payments of the payment system (Tinkoff Online Payments)
1.7.3. has read and agrees with all the rules of the online services (Platforms) used by the Contractor to provide services under the Agreement https://telegram-rus.ru/.
Agreement for the provision of paid training services on the course
2. Terms
In the Agreement, unless otherwise expressly follows from its text, the following terms will have the meaning specified below:
2.1. Training course, Course — a training service, in the process of which the Contractor provides the Customer with a set of Training Materials, Webinars united by a single topic and services for the provision of Feedback.
2.2. Training materials — Video lessons, Webinar recordings, Methodological materials used by the Contractor in the process of rendering services under the Agreement.
2.3. Video lesson — a thematic lesson conducted by the Contractor and recorded on video for the purpose of studying by the Customer remotely via the Internet and multimedia systems.
2.4. Methodological materials — a set of templates, checklists, document forms, tasks in text, graphic or any other form and other materials created or used by the Contractor in the provision of services under the Agreement.
2.5. Webinar — a thematic presentation by the Contractor, conducted in a webinar room online for several Customers simultaneously. The Customer can listen to and (or) watch such a presentation both in real time and by viewing a video recording of the webinar, if the Contractor makes a video recording.
2.6. Website — the Contractor's official website, including all its subdomains, located on the Internet at: https://dariaboikova.ru/
2.7. Platform — an automated system for conducting interactive training, used by the Contractor to provide services under the Agreement, the exclusive rights to which belong to a third party (https://telegram-rus.ru/).
2.8. All other terms found in the text of the Agreement shall be interpreted by the Parties in accordance with the current legislation of the Russian Federation and the usual rules for interpreting the relevant terms that have developed on the Internet.
3. Subject of the Agreement
3.1. The Customer receives the right to demand that the Contractor provide him with the opportunity to study on the Course for a fee (subscription fee) in the requested quantity and volume in accordance with the terms of the Agreement, and the Contractor undertakes to provide the Customer with the paid services.
3.2. The Agreement is a subscription agreement (Article 429.4. of the Civil Code of the Russian Federation). The Customer, as a subscriber under the Agreement, is obliged to pay the Contractor a fee in accordance with the provisions of the Agreement, regardless of whether the relevant performance was requested by him from the Contractor.
3.3. Under the Agreement, the Customer has the right to demand the following performance from the Contractor: provision of access to the Training Materials, as well as the provision of services for the organization and conduct of Webinars and Lessons on topics determined by the Contractor.
3.4. Performance in accordance with the terms of the Agreement, the Contractor provides:
3.4.1. in terms of providing access to the Training Materials - at the request of the Customer, sent by authorization on the Platform.
3.4.2. in terms of organizing and holding Webinars and Lessons by the Contractor - by providing the Customer with a link to access the material in the personal account of the Platform or a recording of Webinars and Lessons posted on the Platform, if one was held.
3.5. The cost and name of the services are determined by the Contractor at its sole discretion unilaterally. Information about the cost, name and terms of provision of services is reflected by the Contractor on the Website.
4. Procedure for the provision of services
4.1. Services can be provided by the Contractor remotely - using the Internet information and telecommunications network.
4.2. Services are provided by the Contractor with the involvement of third parties. The procedure for involving third parties and their candidacies are determined by the Contractor at its sole discretion.
4.3. The Services are provided to several Customers simultaneously, the Customer understands this and agrees to this condition.
4.4. To receive the Services, the Customer must register on the Platform. The Services are provided by the Contractor via the Platform and specialized software, the link and access keys to which are sent to the Customer's email address specified when accepting the Offer within 24 hours from the moment of concluding the Agreement.
4.5. The term for rendering the training services on the Course is 2 months from the moment of concluding the Agreement.
4.6. The procedure for rendering the training service on the Course in the form of providing access to the Training Materials of the Course:
4.6.1. The training service on the Course in the form of providing access to the Training Materials consists of providing the Customer with access to Video Lessons, Methodological Materials posted on the Platform for a fee.
4.6.2. The Training Materials are posted by the Contractor in the relevant section of the Platform.
4.6.3. Access to the Training Materials may be provided to the Customer either at one time or in stages, as specified by the Contractor on the Platform. The order and content of the stages are determined by the Contractor independently and may be reflected in the schedule posted on the Platform.
4.7. Procedure for providing the training service on the Course in the form of Webinars and Lessons:
4.7.1. The date, time and place of the Webinar are determined by the Contractor at its sole discretion.
4.7.2. The schedule of Webinars and Lessons is determined by the Contractor and posted on the Platform.
4.7.3. The Contractor is not obliged to additionally notify the Customer of the date, time and place of the Webinars and Lessons.
4.7.4. The Contractor, at its sole discretion, may record the Webinar and has the right, at its sole discretion, to provide access to it to the Customer.
4.7.5. The service of holding a Webinar is considered rendered by the Contractor at the time of completion of the Webinar and accepted by the Customer without objections to the quality and quantity of the service rendered, provided that the Customer has not expressed reasoned objections during the Webinar.
4.7.6. The Customer's absence from the Webinar, regardless of the reasons for such absence, does not affect the acceptance of the rendered services of holding a Webinar.
4.7.7. Webinars conducted by the Contractor are part of the services rendered and their cost is not subject to independent assessment in the event of early termination of the Agreement, except for cases when the Webinar is a separately rendered single service.
4.8. The Parties have agreed on the stage-by-stage acceptance of the services rendered by the Contractor. Unless otherwise specified in the Agreement, the acceptance of the services rendered is carried out by the Customer on a daily basis without signing the Certificate of Acceptance and Transfer of the Services Rendered. If the Contractor does not receive a reasoned claim from the Customer within one calendar day, the services rendered on the day preceding this day are considered accepted by the Customer without comments on their quality and quantity.
5. Rights and obligations of the Parties
5.1. The Customer has the right to:
5.1.1. Receive the selected and paid services in accordance with the terms of the Agreement.
5.1.2. Make decisions regarding the need to perform certain actions recommended by the Contractor within the framework of the provision of services under the Agreement.
5.1.3. Exercise other rights provided for by this Agreement and the legislation of the Russian Federation.
5.2. The Customer does not have the right to:
5.2.1. Circumvent technical restrictions established on the Platform or the Site.
5.2.2. Study the technology, decompile or disassemble the Site, Intellectual Property, any materials accessed by the Customer in connection with the execution of the Agreement.
5.2.3. Create copies of the Site, Intellectual Property (including copying the names of the Training Courses indicated on the Site), any materials accessed by the Customer in connection with the execution of the Agreement, as well as copy their external design.
5.2.4. Modify the Site, perform actions aimed at changing the functioning and operability of the Site.
5.2.5. Provide to third parties access to the Contractor's Intellectual Property, the personal account of the Platforms and any materials that the Customer receives access to in connection with the performance of the Agreement in the absence of direct written consent for such access from the Contractor.
5.2.6. Create derivative and similar training courses, distribute, transfer to third parties or otherwise use, in part or in full, the materials and content of the Site, Training Materials.
5.2.7. Sell, assign the right of claim to the Contractor.
5.3. The Customer is obliged to:
5.3.1. Timely and independently study the Training Materials, complete assignments, familiarize themselves with information about the Webinars and Lessons held, participate in the Webinars organized by the Contractor.
5.3.2. Follow the training schedule and comply with the Contractor's recommendations regarding training, taking into account clause 5.1.2. of the Agreement.
5.3.3. Attend all Webinars held within the paid Training Course in person and on time.
5.3.4. Provide a report on the completion of Tasks in a timely manner in full and in the form established by the Contractor.
5.3.5. Communicate with the Contractor and other persons during the execution of the Agreement, observing the Communication Rules provided for in Appendix No. 1 to the Agreement.
5.3.6. Contact the Support Service by sending an email to: info@insidemary.ru, if you have questions related to information about the services provided under the Agreement. The absence of requests from the Customer indicates that the Customer is familiar with the necessary and sufficient information for him about the services provided under the Agreement.
5.3.7. To receive the services, independently configure the software, hardware and Internet channel of your personal computer in such a way as to be able to freely use all services https://telegram-rus.ru/, and other services that are used in the course of providing the services.
5.3.8. Ensure the uninterrupted operation of the Internet channel, equipment and software on your part in such a way as to be able to freely use all services https://telegram-rus.ru/, and other services that are used in the course of providing the services.
5.3.9. From the moment of payment for the service, check the e-mail specified during registration on the Platform daily, including the "Spam" folder, for messages from the Contractor. If a message sent by the Contractor ends up in the "Spam" folder, it is considered received by the Customer regardless of whether the Customer has read it.
5.3.10. Take all actions depending on him/her, necessary for the passage and successful completion of training on the Course.
5.3.11. Provide, at the request of the Contractor, a written consent of the legal representative to conclude the Agreement in accordance with Art. 26 of the Civil Code of the Russian Federation within two calendar days from the date of receipt of such a request from the Contractor.
5.4. The Customer guarantees:
5.4.1. Provision of complete and accurate data to the Contractor when filling out the registration form on the Website and Platform. In the event that the Customer provides inaccurate or incomplete data, the Contractor shall not be liable to the Customer for providing any information on erroneously specified data not to the Customer, but to third parties, even if they contain part of the Customer's personal data.
5.4.2. The software and equipment used by him for training meet the following technical requirements:
5.4.2.1. Personal computer Processor with a frequency of 1.5 GHz, RAM memory of at least 4 GB, Hard drive of at least 128 GB, Monitor of at least 10 inches with a resolution of 1440*900 dots (pixels), Windows 7+ or Mac OS X from 10.7+, Google Chrome browser of the latest version or Safari browser, ZOOM.US web application;
5.4.2.2. Smartphone Android version 5.0 and higher or iOS version 8 and higher, RAM of at least 1 GB, screen of at least 720×1280, Google Chrome browser of the latest version, ZOOM.US mobile application.
5.5. The Contractor has the right to:
5.5.1. Not to start rendering services or to suspend rendering services and access to the personal account on the Customer's Platform until the relevant violation is eliminated if any of the following grounds exist:
5.5.1.1. The deadline for payment of the cost of services under this Agreement;
5.5.1.2. The Customer's violation of the terms and other conditions for payment for services under the Agreement;
5.5.1.3. The Customer provides false information upon registration on the Platform.
5.5.2. In the event of a violation by the Customer of paragraph 5.3.5. of the Agreement, the Contractor has the right to remove the Customer from the Webinar, from the group chat, from the section of the Platform where the Training Materials are posted.
5.6. The Contractor is obliged to:
5.6.1. Provide the services paid for by the Customer properly and in full in accordance with the terms of the Agreement.
5.7. The Contractor does not guarantee that the content of the services provided under the Agreement meets the expectations of the Customer.
6. Liability
6.1. The Contractor shall not be liable for the impossibility of providing services to the Customer.for reasons related to the disruption of the Internet channel, equipment or software on the part of the Customer, as well as for any other reasons that prevent the Customer from receiving services, arising through the fault of the Customer.
6.2. The Customer shall bear all responsibility for the illegal use of information accessed by the Customer in connection with the execution of the Agreement.
6.3. The Customer undertakes not to provide their authentication data for access to the personal account of the Platform to third parties for their access to the Training Materials, and not to provide access to the Training Materials to third parties in any other way (including not to publish or distribute the Training Materials). If it is revealed that third parties have access to the Training Materials due to the fault of the Customer, at the request of the Contractor sent to the e-mail address specified by the Customer upon registration on the Platform, the Customer is obliged to pay a fine in the amount of 50,000 (fifty thousand) rubles. The amount of the fine is determined by the degree of possible or actual damage to the rights and legitimate interests of the Contractor, which is many times greater than the cost of services paid by the Customer under the Agreement. The Contractor's demand for payment of the fine is subject to immediate satisfaction in a voluntary, pre-trial manner. In the event of refusal or failure to satisfy the demand for payment of the fine by the Customer, the Contractor has the right to immediately apply to the court to protect the violated right, without observing the pre-trial claim procedure for dispute resolution.
6.4. The Contractor shall not be liable for the actions of banks, electronic payment systems that ensure payment and refunds of funds upon conclusion, performance and termination of the Agreement.
6.5. The liability of the Contractor is in any case limited to the amount of the Contractor's remuneration received under the Agreement.
7. Remuneration of the Contractor
7.1. The amount of remuneration under the Agreement shall be determined by the Contractor unilaterally and indicated by him on the Website in the amount of the cost of one month (thirty days) of rendering training services on the Course.
7.2. The remuneration is not subject to VAT due to the use of a simplified taxation system by the Contractor.
7.3. When paying for training services on the Course, the Contractor's remuneration under the Agreement shall be paid by the Customer in the amount of 100% of the one-time payment for the cost of one month (thirty days) of rendering the service before the start of training.
7.4. The moment of payment for services is the moment of receipt of funds to the Contractor's bank account.
7.5. The Contractor has the right to establish various discounts on the cost of services rendered.
7.6. The Contractor has the right to unilaterally change the prices of services rendered, information about which is posted on the Website. The date of entry into force of new prices and payment terms is the date of their posting on the Website.
7.7. The Customer understands and agrees that if, from the moment of the Customer's registration on the Site until the moment of the Customer's actual payment for the service selected by him, the cost of the relevant service was increased by the Contractor and information about this was published on the Site, the Customer undertakes to pay the new cost of the service or refuse to enter into the Agreement.
8. Dispute resolution procedure
8.1. The Customer's claims regarding the services provided are accepted by the Contractor for consideration by e-mail. All claims are sent by the Customer from the e-mail address specified by him during registration on the Site to the e-mail address of the Contractor: info@insidemary.ru.
8.2. The party that received the claim is obliged to respond to it within ten calendar days from the date of receipt.
8.3. Claims sent to the Contractor are considered within the framework of the current legislation of the Russian Federation.
8.4. The pre-trial claim procedure for dispute resolution is mandatory for the Parties.
8.5. If no agreement is reached, the dispute shall be referred to the court at the location of the Contractor.
9. Amendment, termination of the Agreement
9.1. The Contractor reserves the right to change or supplement any of the terms of the Agreement at any time, publishing all changes on the Website. If the published changes are unacceptable to the Customer, then he must notify the Contractor in writing within 7 days from the date of publication of the changes. If no notification is received, it is considered that the Customer continues to participate in the contractual relationship on the new terms.
9.2. The Parties have the right to terminate the Agreement by mutual consent at any time before the moment of its actual performance.
9.3. Guided by Part 4 of Art. 421, Part 1 of Art. 782, Art. 783, Art. 717 of the Civil Code of the Russian Federation The Parties have come to an agreement and established the following conditions and procedure for early termination of the Agreement in the event of the Customer’s unilateral refusal to perform it: if the Customer wishes to terminate the Agreement, he/she is obliged to:
9.3.1. send the Contractor a notice of unilateral refusal to perform the Agreement from the e-mail address specified by him/her when registering on the Site. The Agreement is considered terminated with effect from the Contractor receives the Customer's Notice of Unilateral Refusal to Perform the Agreement.
9.3.2. reimburse the Contractor for the actual expenses incurred in connection with the provision of services under the Agreement, including:
9.3.2.1. expenses for the software used by the Contractor during the training process and payment for third-party services;
9.3.2.2. fees of banking, credit institutions and relevant payment systems for the return of funds;
9.3.2.3. other expenses incurred by the Contractor in the process of providing services under the Agreement. The specific amount of actual expenses shall be determined by the Contractor independently.
9.3.3. pay for the cost of services rendered at the time of termination of the Agreement.
9.4. The Customer shall be refunded the funds paid by him as remuneration to the Contractor, minus the cost of services rendered and accepted in the relevant calendar month in accordance with the terms of the Agreement.
9.5. In the event of termination of this Agreement (its termination before the expiration of the term for which it is concluded), the amount of remuneration to be returned to the Customer shall be calculated according to the formula: СВ= СО-(Sо*k), where СВ is the amount of remuneration to be returned, СО is the total amount of remuneration paid by the Customer under this Agreement for the relevant month, k is the performance coefficient equal to: 0.71 - upon expiration of the first day of the relevant paid month of service provision, 0.01 - upon expiration of each day of the relevant paid month of service provision, starting from the second.
9.6. The Agreement may be terminated at the initiative of the Contractor in the following cases:
9.6.1. violation by the Customer of paragraphs 5.2., 5.3., 6.3. of the Agreement;
9.6.2. violation of the terms of payment of the Contractor's remuneration.
9.7. Termination of the Agreement for one of the reasons specified in paragraph 9.6. of the Agreement shall be made by notifying the Customer by electronic message to the e-mail address specified by him/her during registration on the Website. The funds paid to the Contractor are non-refundable and shall be retained by the Contractor as a penalty for improper fulfillment of the terms of the Agreement. The Agreement shall be deemed terminated from the moment the Contractor sends the corresponding notice to the Customer.
9.8. The Agreement may be terminated by the Contractor unilaterally in the event of insult to the Contractor, dissemination by the Customer of false information, information that discredits or damages the business reputation of the Contractor and the services provided by him/her, in any way, including dissemination of the said information (including, in the form of publication of correspondence with the Contractor, its employees or representatives) on the Internet: in social networks, in messengers by means of any kind of mailings, etc. If the Contractor discovers such behavior by the Customer, the Agreement is terminated, of which the Customer is notified by the Contractor to the e-mail address provided by the Customer upon registration on the Platform or upon payment for services. Funds paid to the Contractor are non-refundable. The Agreement is considered terminated from the date the Contractor sends the corresponding message to the Customer.
9.9. At the time of early termination of the Agreement, access to the Training Materials and any other materials provided by the Contractor to the Customer during the execution of the Agreement is terminated.
9.10. If, upon termination of the Agreement, the Contractor is obliged to refund the funds to the Customer, the Customer is obliged to provide the bank details from which the payment for services was made. Otherwise, the Contractor has the right not to transfer funds until the proper bank details are provided. For the period of failure to provide the proper bank details, no penalty on the refund amount is charged.
10. Territory and Term of the Agreement
10.1. The Agreement is valid from the date of its conclusion, which is considered to be the date of acceptance of the Offer by the Customer, until the date of fulfillment of the obligations assumed under the Agreement by the Parties.
10.2. The Agreement is valid in the territory of all countries of the world and in the interactive information network Internet.
11. Final Provisions
11.1. Exclusive and personal non-property rights to the Site and any results of intellectual activity posted on the Site, as well as all materials accessed by the Customer upon conclusion and execution of the Agreement, belong to the Contractor (or third parties who have granted the Contractor the right to use them) and are protected by the current Legislation of the Russian Federation.
11.2. Any information accessed by the Customer in connection with the receipt of services under the Agreement may not be copied, transferred to third parties, replicated, distributed, forwarded, published in electronic, "paper" or other form without additional agreements or the official written consent of the Contractor.
11.3. The Contractor has the right to assign rights, transfer debts for all obligations arising from the Agreement. The Customer hereby gives its consent to the assignment of rights and transfer of debt to any third parties. Othe assignment of rights and/or transfer of debt that has taken place, the Contractor shall inform the Customer by sending a corresponding message to the Customer's e-mail address specified by them during registration on the Site, or by posting a corresponding notice in the Customer's Personal Account on the Platform. The Customer's notice shall be deemed to have been received at the time it is sent by the Contractor by e-mail or posted in the Customer's Personal Account on the Platform.
11.4. Electronic document flow at the e-mail addresses specified by the Contractor in the Agreement specified by the Customer during registration on the Site and (or) the Platform shall be considered by the Parties to be equivalent to document flow on paper media, unless otherwise expressly provided in the text of the Agreement.
11.5. For all issues not regulated by the Agreement, the Parties shall be guided by the current legislation of the Russian Federation.
11.6. Appendices that are an integral part of the Agreement:
Appendix No. 1 Rules of Communication
(form).
12. Contractor's details:
Individual entrepreneur Darya Boykova
OGRNIP:
INN:
Legal address:
Postal address:
Bank details:
Bank:
BIC Corr. Account:
Current Account:
e-mail:
tel.
__________________________________/__________________________
Appendix No. 1
to the Public offer for the conclusion of a subscription agreement for the provision of paid
services dated "__" _____ 20__
Communication rules:
In chats and on the Platform, the Customer is prohibited from:
1.1. Posting negative information;
1.2. Making claims regarding the quality and volume of services provided by the Contractor;
1.3. Using obscene language;
1.4. Insult and discriminate against both participants and third parties on any grounds (race, religion, etc.);
1.5. Post files, images, links, etc. containing obscene, offensive content in chats created by the Contractor for the purpose of providing services under the Agreement (hereinafter referred to as Chat);
1.6. Publish messages/articles/posts/links of an advertising (to any extent) nature;
1.7. Publish messages/articles/posts/images that are not related to the topic of the Chat;
1.8. Post links to any chats or subscription pages.
The Contractor has the right to establish and post additional rules of communication and behavior on the Site and (or) the Platform, and (or) in the Chat, which the Customer is obliged to follow.
For the conclusion of a subscription fee agreement for the provision of training services on the course
1. Provisions of the Offer
1.1. This document, permanently posted on the Internet at the network address: https://dariaboikova.ru/, is an offer of the Individual Entrepreneur Daria Boykova (hereinafter referred to as the "Contractor") to conclude a Subscription Fee Agreement for the provision of training services on the course (hereinafter referred to as the "Agreement", "Offer") with any interested individual who complies with paragraph 1.4. of this Offer (hereinafter referred to as the "Customer").
1.2. This document is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
1.3. Acceptance of this Offer is the payment of the Contractor's remuneration by the Customer (making the first subscription payment).
1.4. By accepting this public Offer, the Customer confirms their legality, authority, legal capacity, having reached the age of 18, as well as the legal right to enter into contractual relations with the Contractor.
1.5. By accepting this Offer, the Customer agrees to the processing (collection, storage, transfer to third parties) of personal data provided by them in the process of concluding and executing the Agreement in accordance with the Personal Data Processing Policy of 2021, the text of which is permanently posted on the Internet at https://dariaboikova.ru/
1.6. By accepting this public Offer, the Customer agrees to receive advertising mailings from the Contractor to the email address specified by them when registering on the Contractor's Website. The consent is valid from the moment of acceptance of this Offer until the moment of withdrawal of consent sent to the postal address of the Contractor specified in Section 12 of the Agreement.
1.7. By taking actions to accept this public Offer, the Customer confirms that:
1.7.1. has read and agrees with all the terms of the Agreement and the Appendices thereto;
1.7.2. has read and agrees with all the terms and conditions and rules for accepting payments of the payment system (Tinkoff Online Payments)
1.7.3. has read and agrees with all the rules of the online services (Platforms) used by the Contractor to provide services under the Agreement https://telegram-rus.ru/.
Agreement for the provision of paid training services on the course
2. Terms
In the Agreement, unless otherwise expressly follows from its text, the following terms will have the meaning specified below:
2.1. Training course, Course — a training service, in the process of which the Contractor provides the Customer with a set of Training Materials, Webinars united by a single topic and services for the provision of Feedback.
2.2. Training materials — Video lessons, Webinar recordings, Methodological materials used by the Contractor in the process of rendering services under the Agreement.
2.3. Video lesson — a thematic lesson conducted by the Contractor and recorded on video for the purpose of studying by the Customer remotely via the Internet and multimedia systems.
2.4. Methodological materials — a set of templates, checklists, document forms, tasks in text, graphic or any other form and other materials created or used by the Contractor in the provision of services under the Agreement.
2.5. Webinar — a thematic presentation by the Contractor, conducted in a webinar room online for several Customers simultaneously. The Customer can listen to and (or) watch such a presentation both in real time and by viewing a video recording of the webinar, if the Contractor makes a video recording.
2.6. Website — the Contractor's official website, including all its subdomains, located on the Internet at: https://dariaboikova.ru/
2.7. Platform — an automated system for conducting interactive training, used by the Contractor to provide services under the Agreement, the exclusive rights to which belong to a third party (https://telegram-rus.ru/).
2.8. All other terms found in the text of the Agreement shall be interpreted by the Parties in accordance with the current legislation of the Russian Federation and the usual rules for interpreting the relevant terms that have developed on the Internet.
3. Subject of the Agreement
3.1. The Customer receives the right to demand that the Contractor provide him with the opportunity to study on the Course for a fee (subscription fee) in the requested quantity and volume in accordance with the terms of the Agreement, and the Contractor undertakes to provide the Customer with the paid services.
3.2. The Agreement is a subscription agreement (Article 429.4. of the Civil Code of the Russian Federation). The Customer, as a subscriber under the Agreement, is obliged to pay the Contractor a fee in accordance with the provisions of the Agreement, regardless of whether the relevant performance was requested by him from the Contractor.
3.3. Under the Agreement, the Customer has the right to demand the following performance from the Contractor: provision of access to the Training Materials, as well as the provision of services for the organization and conduct of Webinars and Lessons on topics determined by the Contractor.
3.4. Performance in accordance with the terms of the Agreement, the Contractor provides:
3.4.1. in terms of providing access to the Training Materials - at the request of the Customer, sent by authorization on the Platform.
3.4.2. in terms of organizing and holding Webinars and Lessons by the Contractor - by providing the Customer with a link to access the material in the personal account of the Platform or a recording of Webinars and Lessons posted on the Platform, if one was held.
3.5. The cost and name of the services are determined by the Contractor at its sole discretion unilaterally. Information about the cost, name and terms of provision of services is reflected by the Contractor on the Website.
4. Procedure for the provision of services
4.1. Services can be provided by the Contractor remotely - using the Internet information and telecommunications network.
4.2. Services are provided by the Contractor with the involvement of third parties. The procedure for involving third parties and their candidacies are determined by the Contractor at its sole discretion.
4.3. The Services are provided to several Customers simultaneously, the Customer understands this and agrees to this condition.
4.4. To receive the Services, the Customer must register on the Platform. The Services are provided by the Contractor via the Platform and specialized software, the link and access keys to which are sent to the Customer's email address specified when accepting the Offer within 24 hours from the moment of concluding the Agreement.
4.5. The term for rendering the training services on the Course is 2 months from the moment of concluding the Agreement.
4.6. The procedure for rendering the training service on the Course in the form of providing access to the Training Materials of the Course:
4.6.1. The training service on the Course in the form of providing access to the Training Materials consists of providing the Customer with access to Video Lessons, Methodological Materials posted on the Platform for a fee.
4.6.2. The Training Materials are posted by the Contractor in the relevant section of the Platform.
4.6.3. Access to the Training Materials may be provided to the Customer either at one time or in stages, as specified by the Contractor on the Platform. The order and content of the stages are determined by the Contractor independently and may be reflected in the schedule posted on the Platform.
4.7. Procedure for providing the training service on the Course in the form of Webinars and Lessons:
4.7.1. The date, time and place of the Webinar are determined by the Contractor at its sole discretion.
4.7.2. The schedule of Webinars and Lessons is determined by the Contractor and posted on the Platform.
4.7.3. The Contractor is not obliged to additionally notify the Customer of the date, time and place of the Webinars and Lessons.
4.7.4. The Contractor, at its sole discretion, may record the Webinar and has the right, at its sole discretion, to provide access to it to the Customer.
4.7.5. The service of holding a Webinar is considered rendered by the Contractor at the time of completion of the Webinar and accepted by the Customer without objections to the quality and quantity of the service rendered, provided that the Customer has not expressed reasoned objections during the Webinar.
4.7.6. The Customer's absence from the Webinar, regardless of the reasons for such absence, does not affect the acceptance of the rendered services of holding a Webinar.
4.7.7. Webinars conducted by the Contractor are part of the services rendered and their cost is not subject to independent assessment in the event of early termination of the Agreement, except for cases when the Webinar is a separately rendered single service.
4.8. The Parties have agreed on the stage-by-stage acceptance of the services rendered by the Contractor. Unless otherwise specified in the Agreement, the acceptance of the services rendered is carried out by the Customer on a daily basis without signing the Certificate of Acceptance and Transfer of the Services Rendered. If the Contractor does not receive a reasoned claim from the Customer within one calendar day, the services rendered on the day preceding this day are considered accepted by the Customer without comments on their quality and quantity.
5. Rights and obligations of the Parties
5.1. The Customer has the right to:
5.1.1. Receive the selected and paid services in accordance with the terms of the Agreement.
5.1.2. Make decisions regarding the need to perform certain actions recommended by the Contractor within the framework of the provision of services under the Agreement.
5.1.3. Exercise other rights provided for by this Agreement and the legislation of the Russian Federation.
5.2. The Customer does not have the right to:
5.2.1. Circumvent technical restrictions established on the Platform or the Site.
5.2.2. Study the technology, decompile or disassemble the Site, Intellectual Property, any materials accessed by the Customer in connection with the execution of the Agreement.
5.2.3. Create copies of the Site, Intellectual Property (including copying the names of the Training Courses indicated on the Site), any materials accessed by the Customer in connection with the execution of the Agreement, as well as copy their external design.
5.2.4. Modify the Site, perform actions aimed at changing the functioning and operability of the Site.
5.2.5. Provide to third parties access to the Contractor's Intellectual Property, the personal account of the Platforms and any materials that the Customer receives access to in connection with the performance of the Agreement in the absence of direct written consent for such access from the Contractor.
5.2.6. Create derivative and similar training courses, distribute, transfer to third parties or otherwise use, in part or in full, the materials and content of the Site, Training Materials.
5.2.7. Sell, assign the right of claim to the Contractor.
5.3. The Customer is obliged to:
5.3.1. Timely and independently study the Training Materials, complete assignments, familiarize themselves with information about the Webinars and Lessons held, participate in the Webinars organized by the Contractor.
5.3.2. Follow the training schedule and comply with the Contractor's recommendations regarding training, taking into account clause 5.1.2. of the Agreement.
5.3.3. Attend all Webinars held within the paid Training Course in person and on time.
5.3.4. Provide a report on the completion of Tasks in a timely manner in full and in the form established by the Contractor.
5.3.5. Communicate with the Contractor and other persons during the execution of the Agreement, observing the Communication Rules provided for in Appendix No. 1 to the Agreement.
5.3.6. Contact the Support Service by sending an email to: info@insidemary.ru, if you have questions related to information about the services provided under the Agreement. The absence of requests from the Customer indicates that the Customer is familiar with the necessary and sufficient information for him about the services provided under the Agreement.
5.3.7. To receive the services, independently configure the software, hardware and Internet channel of your personal computer in such a way as to be able to freely use all services https://telegram-rus.ru/, and other services that are used in the course of providing the services.
5.3.8. Ensure the uninterrupted operation of the Internet channel, equipment and software on your part in such a way as to be able to freely use all services https://telegram-rus.ru/, and other services that are used in the course of providing the services.
5.3.9. From the moment of payment for the service, check the e-mail specified during registration on the Platform daily, including the "Spam" folder, for messages from the Contractor. If a message sent by the Contractor ends up in the "Spam" folder, it is considered received by the Customer regardless of whether the Customer has read it.
5.3.10. Take all actions depending on him/her, necessary for the passage and successful completion of training on the Course.
5.3.11. Provide, at the request of the Contractor, a written consent of the legal representative to conclude the Agreement in accordance with Art. 26 of the Civil Code of the Russian Federation within two calendar days from the date of receipt of such a request from the Contractor.
5.4. The Customer guarantees:
5.4.1. Provision of complete and accurate data to the Contractor when filling out the registration form on the Website and Platform. In the event that the Customer provides inaccurate or incomplete data, the Contractor shall not be liable to the Customer for providing any information on erroneously specified data not to the Customer, but to third parties, even if they contain part of the Customer's personal data.
5.4.2. The software and equipment used by him for training meet the following technical requirements:
5.4.2.1. Personal computer Processor with a frequency of 1.5 GHz, RAM memory of at least 4 GB, Hard drive of at least 128 GB, Monitor of at least 10 inches with a resolution of 1440*900 dots (pixels), Windows 7+ or Mac OS X from 10.7+, Google Chrome browser of the latest version or Safari browser, ZOOM.US web application;
5.4.2.2. Smartphone Android version 5.0 and higher or iOS version 8 and higher, RAM of at least 1 GB, screen of at least 720×1280, Google Chrome browser of the latest version, ZOOM.US mobile application.
5.5. The Contractor has the right to:
5.5.1. Not to start rendering services or to suspend rendering services and access to the personal account on the Customer's Platform until the relevant violation is eliminated if any of the following grounds exist:
5.5.1.1. The deadline for payment of the cost of services under this Agreement;
5.5.1.2. The Customer's violation of the terms and other conditions for payment for services under the Agreement;
5.5.1.3. The Customer provides false information upon registration on the Platform.
5.5.2. In the event of a violation by the Customer of paragraph 5.3.5. of the Agreement, the Contractor has the right to remove the Customer from the Webinar, from the group chat, from the section of the Platform where the Training Materials are posted.
5.6. The Contractor is obliged to:
5.6.1. Provide the services paid for by the Customer properly and in full in accordance with the terms of the Agreement.
5.7. The Contractor does not guarantee that the content of the services provided under the Agreement meets the expectations of the Customer.
6. Liability
6.1. The Contractor shall not be liable for the impossibility of providing services to the Customer.for reasons related to the disruption of the Internet channel, equipment or software on the part of the Customer, as well as for any other reasons that prevent the Customer from receiving services, arising through the fault of the Customer.
6.2. The Customer shall bear all responsibility for the illegal use of information accessed by the Customer in connection with the execution of the Agreement.
6.3. The Customer undertakes not to provide their authentication data for access to the personal account of the Platform to third parties for their access to the Training Materials, and not to provide access to the Training Materials to third parties in any other way (including not to publish or distribute the Training Materials). If it is revealed that third parties have access to the Training Materials due to the fault of the Customer, at the request of the Contractor sent to the e-mail address specified by the Customer upon registration on the Platform, the Customer is obliged to pay a fine in the amount of 50,000 (fifty thousand) rubles. The amount of the fine is determined by the degree of possible or actual damage to the rights and legitimate interests of the Contractor, which is many times greater than the cost of services paid by the Customer under the Agreement. The Contractor's demand for payment of the fine is subject to immediate satisfaction in a voluntary, pre-trial manner. In the event of refusal or failure to satisfy the demand for payment of the fine by the Customer, the Contractor has the right to immediately apply to the court to protect the violated right, without observing the pre-trial claim procedure for dispute resolution.
6.4. The Contractor shall not be liable for the actions of banks, electronic payment systems that ensure payment and refunds of funds upon conclusion, performance and termination of the Agreement.
6.5. The liability of the Contractor is in any case limited to the amount of the Contractor's remuneration received under the Agreement.
7. Remuneration of the Contractor
7.1. The amount of remuneration under the Agreement shall be determined by the Contractor unilaterally and indicated by him on the Website in the amount of the cost of one month (thirty days) of rendering training services on the Course.
7.2. The remuneration is not subject to VAT due to the use of a simplified taxation system by the Contractor.
7.3. When paying for training services on the Course, the Contractor's remuneration under the Agreement shall be paid by the Customer in the amount of 100% of the one-time payment for the cost of one month (thirty days) of rendering the service before the start of training.
7.4. The moment of payment for services is the moment of receipt of funds to the Contractor's bank account.
7.5. The Contractor has the right to establish various discounts on the cost of services rendered.
7.6. The Contractor has the right to unilaterally change the prices of services rendered, information about which is posted on the Website. The date of entry into force of new prices and payment terms is the date of their posting on the Website.
7.7. The Customer understands and agrees that if, from the moment of the Customer's registration on the Site until the moment of the Customer's actual payment for the service selected by him, the cost of the relevant service was increased by the Contractor and information about this was published on the Site, the Customer undertakes to pay the new cost of the service or refuse to enter into the Agreement.
8. Dispute resolution procedure
8.1. The Customer's claims regarding the services provided are accepted by the Contractor for consideration by e-mail. All claims are sent by the Customer from the e-mail address specified by him during registration on the Site to the e-mail address of the Contractor: info@insidemary.ru.
8.2. The party that received the claim is obliged to respond to it within ten calendar days from the date of receipt.
8.3. Claims sent to the Contractor are considered within the framework of the current legislation of the Russian Federation.
8.4. The pre-trial claim procedure for dispute resolution is mandatory for the Parties.
8.5. If no agreement is reached, the dispute shall be referred to the court at the location of the Contractor.
9. Amendment, termination of the Agreement
9.1. The Contractor reserves the right to change or supplement any of the terms of the Agreement at any time, publishing all changes on the Website. If the published changes are unacceptable to the Customer, then he must notify the Contractor in writing within 7 days from the date of publication of the changes. If no notification is received, it is considered that the Customer continues to participate in the contractual relationship on the new terms.
9.2. The Parties have the right to terminate the Agreement by mutual consent at any time before the moment of its actual performance.
9.3. Guided by Part 4 of Art. 421, Part 1 of Art. 782, Art. 783, Art. 717 of the Civil Code of the Russian Federation The Parties have come to an agreement and established the following conditions and procedure for early termination of the Agreement in the event of the Customer’s unilateral refusal to perform it: if the Customer wishes to terminate the Agreement, he/she is obliged to:
9.3.1. send the Contractor a notice of unilateral refusal to perform the Agreement from the e-mail address specified by him/her when registering on the Site. The Agreement is considered terminated with effect from the Contractor receives the Customer's Notice of Unilateral Refusal to Perform the Agreement.
9.3.2. reimburse the Contractor for the actual expenses incurred in connection with the provision of services under the Agreement, including:
9.3.2.1. expenses for the software used by the Contractor during the training process and payment for third-party services;
9.3.2.2. fees of banking, credit institutions and relevant payment systems for the return of funds;
9.3.2.3. other expenses incurred by the Contractor in the process of providing services under the Agreement. The specific amount of actual expenses shall be determined by the Contractor independently.
9.3.3. pay for the cost of services rendered at the time of termination of the Agreement.
9.4. The Customer shall be refunded the funds paid by him as remuneration to the Contractor, minus the cost of services rendered and accepted in the relevant calendar month in accordance with the terms of the Agreement.
9.5. In the event of termination of this Agreement (its termination before the expiration of the term for which it is concluded), the amount of remuneration to be returned to the Customer shall be calculated according to the formula: СВ= СО-(Sо*k), where СВ is the amount of remuneration to be returned, СО is the total amount of remuneration paid by the Customer under this Agreement for the relevant month, k is the performance coefficient equal to: 0.71 - upon expiration of the first day of the relevant paid month of service provision, 0.01 - upon expiration of each day of the relevant paid month of service provision, starting from the second.
9.6. The Agreement may be terminated at the initiative of the Contractor in the following cases:
9.6.1. violation by the Customer of paragraphs 5.2., 5.3., 6.3. of the Agreement;
9.6.2. violation of the terms of payment of the Contractor's remuneration.
9.7. Termination of the Agreement for one of the reasons specified in paragraph 9.6. of the Agreement shall be made by notifying the Customer by electronic message to the e-mail address specified by him/her during registration on the Website. The funds paid to the Contractor are non-refundable and shall be retained by the Contractor as a penalty for improper fulfillment of the terms of the Agreement. The Agreement shall be deemed terminated from the moment the Contractor sends the corresponding notice to the Customer.
9.8. The Agreement may be terminated by the Contractor unilaterally in the event of insult to the Contractor, dissemination by the Customer of false information, information that discredits or damages the business reputation of the Contractor and the services provided by him/her, in any way, including dissemination of the said information (including, in the form of publication of correspondence with the Contractor, its employees or representatives) on the Internet: in social networks, in messengers by means of any kind of mailings, etc. If the Contractor discovers such behavior by the Customer, the Agreement is terminated, of which the Customer is notified by the Contractor to the e-mail address provided by the Customer upon registration on the Platform or upon payment for services. Funds paid to the Contractor are non-refundable. The Agreement is considered terminated from the date the Contractor sends the corresponding message to the Customer.
9.9. At the time of early termination of the Agreement, access to the Training Materials and any other materials provided by the Contractor to the Customer during the execution of the Agreement is terminated.
9.10. If, upon termination of the Agreement, the Contractor is obliged to refund the funds to the Customer, the Customer is obliged to provide the bank details from which the payment for services was made. Otherwise, the Contractor has the right not to transfer funds until the proper bank details are provided. For the period of failure to provide the proper bank details, no penalty on the refund amount is charged.
10. Territory and Term of the Agreement
10.1. The Agreement is valid from the date of its conclusion, which is considered to be the date of acceptance of the Offer by the Customer, until the date of fulfillment of the obligations assumed under the Agreement by the Parties.
10.2. The Agreement is valid in the territory of all countries of the world and in the interactive information network Internet.
11. Final Provisions
11.1. Exclusive and personal non-property rights to the Site and any results of intellectual activity posted on the Site, as well as all materials accessed by the Customer upon conclusion and execution of the Agreement, belong to the Contractor (or third parties who have granted the Contractor the right to use them) and are protected by the current Legislation of the Russian Federation.
11.2. Any information accessed by the Customer in connection with the receipt of services under the Agreement may not be copied, transferred to third parties, replicated, distributed, forwarded, published in electronic, "paper" or other form without additional agreements or the official written consent of the Contractor.
11.3. The Contractor has the right to assign rights, transfer debts for all obligations arising from the Agreement. The Customer hereby gives its consent to the assignment of rights and transfer of debt to any third parties. Othe assignment of rights and/or transfer of debt that has taken place, the Contractor shall inform the Customer by sending a corresponding message to the Customer's e-mail address specified by them during registration on the Site, or by posting a corresponding notice in the Customer's Personal Account on the Platform. The Customer's notice shall be deemed to have been received at the time it is sent by the Contractor by e-mail or posted in the Customer's Personal Account on the Platform.
11.4. Electronic document flow at the e-mail addresses specified by the Contractor in the Agreement specified by the Customer during registration on the Site and (or) the Platform shall be considered by the Parties to be equivalent to document flow on paper media, unless otherwise expressly provided in the text of the Agreement.
11.5. For all issues not regulated by the Agreement, the Parties shall be guided by the current legislation of the Russian Federation.
11.6. Appendices that are an integral part of the Agreement:
Appendix No. 1 Rules of Communication
(form).
12. Contractor's details:
Individual entrepreneur Darya Boykova
OGRNIP:
INN:
Legal address:
Postal address:
Bank details:
Bank:
BIC Corr. Account:
Current Account:
e-mail:
tel.
__________________________________/__________________________
Appendix No. 1
to the Public offer for the conclusion of a subscription agreement for the provision of paid
services dated "__" _____ 20__
Communication rules:
In chats and on the Platform, the Customer is prohibited from:
1.1. Posting negative information;
1.2. Making claims regarding the quality and volume of services provided by the Contractor;
1.3. Using obscene language;
1.4. Insult and discriminate against both participants and third parties on any grounds (race, religion, etc.);
1.5. Post files, images, links, etc. containing obscene, offensive content in chats created by the Contractor for the purpose of providing services under the Agreement (hereinafter referred to as Chat);
1.6. Publish messages/articles/posts/links of an advertising (to any extent) nature;
1.7. Publish messages/articles/posts/images that are not related to the topic of the Chat;
1.8. Post links to any chats or subscription pages.
The Contractor has the right to establish and post additional rules of communication and behavior on the Site and (or) the Platform, and (or) in the Chat, which the Customer is obliged to follow.