Offer agreement (training)
Offer agreement
for provision of information and consulting services
1. General provisions
1.1. This public agreement (hereinafter referred to as the Offer) is an official offer of the Individual entrepreneur Mgeladze Olga Vyacheslavovna (hereinafter referred to as the “Contractor”) and contains all the essential conditions for the provision of information and consulting services, the list of which is published on the Internet on websites www.mag-project.ru, www.mylablife.ru, http://board.center-arcanum.ru, www.arcanum.pro.
1.2. In accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the RF CC), this document is a public offer and, in case of accepting the conditions set forth below and payment for the Contractor's services, the person who has accepted this Offer becomes the Customer in accordance with clause 3 of Article 438 of the RF CC, acceptance of the Offer is tantamount to concluding an agreement on the conditions set forth in the Offer.
1.3. By making payment for the services, the Customer guarantees that he or she has already read, understood and accepts all the conditions of the given Offer in the form in which they are stated in the text of this Offer, and knows the cost of the Service indicated on the Contractor's Website.
2. Terms and definitions
2.1. Acceptance of the offer is a full and unconditional acceptance of the offer by the Customer by means of carrying out actions to make advance payment for the provision of information and consulting services. The acceptance of an offer forms the Offer Agreement.
2.2. Offer agreement is the agreement between the Contractor and the Customer for the provision of information and consulting services, which is concluded by virtue of acceptance of the Offer.
2.3. The Customer is a person who has accepted the offer, and thus is a Customer.
2.4. Offer is this document Offer agreement for the provision of information and consulting services by the Contractor published on the Internet at: www.magproject.ru, www.mylablife.ru, www.arcanum.pro (Hereinafter referred to as the "Websites") for services of the Contractor under the concluded Offer agreement.
3. Subject of the Agreement
3.1. The subject of this Offer is the paid provision of information and consulting services by the Contractor through thematic seminars, courses and master classes, either on-site or online (hereinafter referred to as the "Services"), in the manner and terms provided for in this Offer.
Long courses consist of modules. Rendering of services for each module is carried out by concluding a new Offer agreement (the Customer accepts the Offer for each specific module).
3.2. The Customer confirms that prior to the conclusion of the Agreement (Acceptance of this Offer) he or she received from the Contractor all full information about the terms, the procedure of rendering the services.
3.3. The Customer confirms that the result of services under this Offer will be the actions of the Contractor on holding thematic seminars, courses and master classes in the face-to-face form or in the form of an online webcast on the Internet.
3.4. A list of thematic seminars, courses and master classes on the Internet is located on the websites www.mag-project.ru, www.mylablife.ru, www.arcanum.pro, http://board.center-arcanum.ru/
3.5. The Contractor has the right at any time to change the terms of this public offer unilaterally without prior agreement with the Customer, while ensuring the publication of the modified terms on the Internet at the Websites specified in clause 2.1 of this Offer at least one day before their entry into force.
4. Representations and guarantees of the Parties
4.1. The Contractor certifies and warrants that it is an individual entrepreneur registered in accordance with the current legislation of the Russian Federation and acts on the basis of the state registration certificate No. 313777602201137 dated January 22, 2013 issued by the Interdistrict Inspectorate of the Federal Tax Service No. 46 in Moscow.
4.2. The Customer certifies and warrants that, by performing actions for the acceptance of the Offer, he or she:
4.2.1 has the legal rights to enter into a contractual relationship with the Contractor;
4.2.2. attained the age of 18;
4.2.3. is not pregnant;
4.2.4. is not registered with a psychiatrist, psychologist, psychotherapist, does not undergo a course of psychotherapy; does not suffer from psychological / mental disorders, protracted depression;
4.2.5. does not take psychotropic, narcotic and other substances and preparations, including those restricted or prohibited to turnover in the territory of the Russian Federation.
5. Terms and conditions of the service provision
5.1. In accordance with the terms of the Offer, the Contractor undertakes to provide services, and the Customer undertakes to pay for them.
5.2. Kind and name, term of rendering, cost and other characteristics of the provided services are published on the Contractor’s Websites in the relevant sections.
5.3. After conclusion of the Agreement and 100% prepayment of the cost of the Services provided, the Contractor renders the Services to the Customer in the following forms:
- face-to-face at the Contractor's address;
- in the form of an online broadcasting through the Internet resource located at: https://www.arcanum.pro. In this case, the Contractor after obtaining the payment for the Services receives a link and access to the Internet resource on which the online broadcasting will be conducted.
5.4. The services are to be rendered by the Contractor only on the terms of advance payment made by the Customer in accordance with the terms of this Offer.
5.5. In case of impossibility to provide the Service at the appointed time, the Contractor is obliged to notify the Customer one working day before the stated date and postpone the provision of the Services for another time. The notice is carried out by publication of relevant information on the Websites, or verbally by phone, the number of which the Customer informs when paying for the Services
5.6. If at the established time the Customer does not come to the service delivery address / does not connect to the online broadcasting and has not noticed about it at least three days prior to the commencement of the Services, the Service is deemed rendered and is not postponed for another time.
6. Payment procedure
6.1. Payment for services is made by making a 100% advance payment.
6.2. The Customer has the right to pay the cost of the Services in any of the following ways: depositing money into the cashier's office or transferring it to the current account.
6.3. If the Customer has paid for the Services and cannot accept them, the Customer is obliged to notify the Contractor in writing about this by sending the letter to the e-mail specified in this Offer at least three days prior to the commencement of the Services rendering. Otherwise, the funds are not returned and are not transferred as payment for other services.
6.4. Payment for the courses consisting of modules is carried out for each module separately.
7. Obligations of the parties
7.1. The customer undertakes:
7.1.1. To pay for the Services in the manner prescribed by the Offer within the terms indicated therein.
7.1.2. To deal carefully with the property of the Contractor and in case of causing damage to the Contractor’s property, reimburse it in accordance with the legislation of the Russian Federation.
7.1.3. To transfer timely all necessary documents and information to the Contractor.
To provide the Contractor with his personal data: name, surname, date of birth, telephone number, e-mail address. The Customer agrees to the processing of this data by the Contractor and their use for sending the Contractor’s newsletters via e-mail and SMS. The Contractor assumes the obligation to maintain the confidentiality of the Customer’s personal data. Simultaneously with the above consent to the processing of the Customer's personal data, he or she also give his or her full consent to receive messages from the Contractor via e-mail and SMS messages including messages of advertising content.
7.1.4. To provide independently technical possibility for using the Contractor’s Services in return, namely:
- proper Internet access;
- availability of software compatible with the transfer of information from the Contractor and other necessary means.
7.1.5. To observe strictly and unconditionally the following Rules of Conduct when receiving Services (face-to-face, online)
- to observe discipline and generally accepted standards of conduct, in particular, show respect to the Contractor's personnel and other Customers, not to encroach on their honor and dignity;
- not to allow aggressive behavior during the provision of services, not to interfere with the representative of the Contractor or other Customers while providing / receiving the Services, not to allow statements (verbally, in writing) that do not relate to the topic of the seminar, course, master class;
- not to use the information received from the Contractor in ways that may lead or will lead to damage to the Contractor’s interests;
- not to use materials provided by the Contractor for the purpose of making profit by replicating and reproducing them repeatedly (publishing in the press and other publications, public appearances, etc.) and in other ways;
- not to distribute to third parties and not to publish in public sources for any set of people the information provided by the Contractor, materials, manuals or records of seminars, courses, master classes;
- not to appear in classes with signs / in the state of alcohol, narcotic or other intoxication, and not to consume alcohol and drugs on the Contractor’s territory and / or during the provision of the Services;
- not to use uncontrolled vocabulary, not to use expressions that may offend the Contractor’s representative or other customers;
- not to distribute third-party advertising, own services or third-party services
7.2. The Contractor undertakes:
7.2.1. To arrange and ensure the proper provision of the Services indicated on the Website.
7.2.2. To provide services on time indicated on the Website.
7.2.3. Provide facilities for conducting classes that meet relative sanitary and hygienic requirements
7.2.4. To use all personal data and other confidential information about the Customer only for the provision of the Services, not to transfer or display his documentation and information about the Customer to third parties.
7.2.5. To show respect to the Customer, not to violate the Customer's rights to freedom of conscience, information, free expression of his or her own opinions and beliefs.
8. Rights of the Parties
8.1. The Customer has the right:
8.1.1. To require proper and timely provision of the Services by the Contractor.
8.1.2. To apply to the Contractor on all issues related to the provision of the Services, as well as to ask questions related to the provision of the Services.
8.1.3. To refuse e-mailing, clicking on the link “Unsubscribe from the mailing” located in each e-mail sent to the Customer, or if the Customer wants to refuse any kind of mailing, he or she must send a request to the e-mail indicated on the Contractor's Website or in this Offer.
8.2. The Contractor has the right:
8.2.1. To involve co-executors or third parties for the provision of services at its own discretion.
8.2.2. To determine independently the forms and methods of providing the Services, taking into account the current legislation of the Russian Federation, as well as the specific conditions of the Offer.
8.2.3. To determine independently the staff of specialists who provide services.
8.2.3. To determine and establish the cost of the Services at its own discretion.
8.2.4. To provide the Services only after the Customer has made prepayment and acceptance of this Offer.
8.2.5. To receive from the Customer any information necessary to fulfill its obligations under the Offer. In the event that the Customer fails to provide information or provides incomplete or incorrect information, the Contractor has the right to suspend the fulfillment of its obligations until the required information is provided in full.
8.2.6. To suspend, restrict or terminate the provision of the Services to the Customer at any time without explanation with prior notice, or without such notification.
8.2.7. To issue a notification to the Customer about the termination of actions that violate the terms of this Offer, and to terminate the Offer in the event that the Customer continues to perform such actions.
9. Obligations of the Parties and resolution of disputes
9.1. The Parties are responsible for non-fulfillment or improper performance of their obligations under this Offer in accordance with the current legislation of the Russian Federation.
9.2. The Contractor shall not be liable for the impossibility of rendering the Services by the Contractor / acceptance of the Services by the Customer if such impossibility arose as a result of a violation of work in the Internet, software or equipment of the Customer.
9.3. Any requirements of the Customer are considered only on the basis of an informed written request sent to the Contractor at the addresses specified in this Offer.
9.4. In the event of a dispute, the Parties will take all possible measures to resolve it. If it is not possible to resolve the dispute, the Parties shall forward it to the court for settlement in accordance with the current legislation of the Russian Federation.
10. The Offer effective period. Grounds and procedure for termination of the Offer
10.1. The Offer comes into force from the moment of payment of the Contractor's Services by the Customer in the ways indicated in this Offer and on the Contractor's website and is valid until the Parties fulfill their obligations.
10.2. The offer does not require seal affixing and / or signing by the Customer and the Contractor while retaining full legal force.
10.3. The Contractor reserves the right to amend the Offer Conditions and / or withdraw the Offer at any time at its discretion. In case of making amendments to the Offer, such amendments come into force from the moment of publication on the Website unless another effective date is established or determined upon publication of the amendments in the Offer.
10.4. The offer can be terminated ahead of schedule as agreed by the Parties at any time by signing an agreement on termination of the Offer. In this case, the date of signing the said agreement is considered to be the date of termination of the Offer. The agreement can be executed in the form of an exchange of letters, according to which the will of each of the Parties for the termination of the Offer should follow, as well as the procedure for disposition of funds.
10.5. The Customer has the right to terminate the Offer unilaterally not later than 3 calendar days before the date of the beginning of the provision of the Services. The notice of termination shall be sent in writing to the e-mail address of the Contractor specified in this Offer. If the Contractor receives from the Customer a notice of termination of the Offer no later than 3 calendar days before the start of the provision of the Services, the Contractor shall return the funds to the Customer in full in the manner agreed by the Parties within 3 calendar days from the receipt of the notification.
If the notification is received less than 3 calendar days before the date of the commencement of the Services, the Customer shall not return the funds to the Customer.
10.6. The Customer does not have the right to terminate the Offer and demand the return of the cost of the Services after the beginning of their provision (regardless of the attendance or non-attendance of courses, seminars, master classes).
10.7 The Contractor is entitled to terminate the Agreement unilaterally and terminate the provision of the Services in the event of a violation by the Customer of the terms of this Offer including the rules listed in clause 7.1.5 of this Offer.
Non-observance of the Rules is determined among others by the teacher who directly conducts a seminar, a course or a master class.
11. Force majeure
11.1. The parties are exempted from liability for full or partial default of obligations under the Offer in the event that the failure to fulfill obligations was a consequence of acts of force majeure, namely a fire, flood, earthquake, strike, war, actions of public authorities or other circumstances beyond the control of the Parties.
11.2. The party that cannot fulfill obligations under the Offer shall timely, but not later than five calendar days after the occurrence of force majeure circumstances, notify the other Party in writing with the provision of supporting documents issued by the competent authorities.
11.3. The Contractor shall not be liable for temporary failures and interruptions in the work of the Contractor's Internet resources and the loss of information caused by them.
12. Miscellaneous
12.1. The Parties acknowledge that if any of the provisions of the Offer becomes invalid during the term of its effect due to changes in the legislation, the remaining provisions of the Offer are binding on the Parties during the period of the Offer's validity.
12.2. The Contractor shall not be liable for the result of the use or usefulness of the Services provided. In case of inconsistency of the Services provided within the framework of the current Offer Agreement to the needs of the Customer, the Contractor shall not be liable.
13. The Contractor’s details and contact information
Individual entrepreneur Mgeladze Olga Vyacheslavovna
TIN 781138058703; PSRN of the individual entrepreneur 313774602201137;
Registered office: Moscow, Krivokolenny lane, house 11/13 bldg. 4.
Bank details:
1. Alfa-Bank JSC
Current account 40802810002660000107
Correspondent account 30101810200000000593
BIC 044525593
2. “Sberbank of Russia” PJSC in Operations Department, Moscow
Current account 40802810138000007623
Correspondent account 30101810400000000225
BIC 044525225
Websites: www.mag-project.ru, www.mylablife.ru, http://board.center-arcanum.ru
