PUBLIC OFFER AGREEMENT
FOR THE PROVISION OF INFORMATION AND CONSULTING SERVICES
Artem Vladimirovich Pchelnikov (hereinafter referred to as the “Contractor”), by means of this public offer, proposes to any individual or legal entity, as well as a sole proprietor (hereinafter referred to as the “Customer”), to conclude a Public Offer Agreement for the provision of information and consulting services (hereinafter referred to as the “Agreement”).
In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (the “RF Civil Code”), in the event of acceptance of the terms set forth below and payment for services, the person accepting this offer becomes the Customer (pursuant to paragraph 3 of Article 438 of the RF Civil Code, acceptance of the offer is tantamount to entering into a contract under the conditions stated in the offer).
In view of the above, please read the text of this Agreement carefully, and if you do not agree with any of its provisions, the Contractor suggests you refrain from taking any actions required for acceptance or enter into a personal agreement with the Contractor under separately negotiated conditions.
Full and unconditional acceptance of this offer is deemed to occur when the Customer pays for the Services offered by the Contractor. With respect to Services offered by the Contractor under special deals (promotions, if any) with installment payment terms, full and unconditional acceptance of this offer occurs upon the Customer making the first installment agreed upon by the Parties.
1. TERMS OF THE PUBLIC OFFER
In this Offer, unless the context requires otherwise, the following terms shall have the following meanings:
2.1. The subject of this Agreement is the fee-based provision by the Contractor of information and consulting services by conducting a Course in the form of an online broadcast of video recordings over the Internet, granting special access (hereinafter – the “Course”), or in the form of an online broadcast in real time over the Internet (hereinafter – the “Webinar”), (hereinafter jointly – the “Services”), in the manner and within the time limits set out in this Agreement.
2.2. The Course is the Contractor’s proprietary training program or a third party’s training program (which has transferred exclusive rights to the Contractor), consisting of a series of educational lectures, personal consultations, master classes, and methodological materials.
2.3. The cost, scope, content, timing, location, and procedure for the provision of Services are indicated on the Contractor’s website https://yboom.ru and its subdomains (hereinafter – the “Site”). The provision of services for each subsequent Course is carried out on the basis of this Offer Agreement. Upon the Customer’s first acceptance of this Offer Agreement, the Customer accepts the Agreement for a specific period in accordance with the selected access format.
2.4. The conditions for the provision of the Services may also be communicated by the Contractor’s representatives to the Customer by sending the corresponding notice to the Customer’s contact email, posting it in the Customer’s personal account on the Site, and/or sending an SMS message to the Customer’s contact telephone number. The Customer must independently and promptly check for notifications coming from the Contractor.
3. CONDITIONS AND PROCEDURE FOR PROVIDING SERVICES
3.1. The Customer enters into this Agreement by performing the following actions (acceptance of the public offer):
3.1.1. Customer Registration on the Platform at https://yboom.ru.
To register, the Customer must provide the following information:
3.1.3. The Contractor, through the Customer’s personal account on the Platform, provides information about the types, content, cost, and payment procedures for access to the Platform’s Courses.
3.1.4. By paying for any of the accesses to the Courses in the personal account on the Platform, the Customer confirms the full and unconditional acceptance of the terms of this Offer.
3.2. Payment for access shall be made as follows:
3.2.1. The Customer pays for the services under this Agreement in the amount established by the Contractor and recorded in the Customer’s personal account on the Platform.
3.2.2. Payment is made in the amount of 100% prepayment for access to the Courses of the Educational Platform. A different payment procedure is possible in accordance with the conditions of promotions (special offers) or in cases separately agreed upon with the Contractor.
3.2.3. If payment for the course involves a prepayment, the Customer shall pay the amount specified and recorded in the personal account on the Platform, after which the Contractor provides the Customer with access to the preparatory materials of the Course. Once the Customer pays the full price for the relevant Course, the Contractor grants the Customer full access to the Course materials.
3.2.3.1. If the Customer refuses to pay in full for the relevant Course, the Contractor has the right not to refund the prepayment amount for the chosen Course, since the paid funds cover the Contractor’s losses and are also treated as a penalty (fine) charged to the Customer for breaching the terms of the Agreement.
3.2.3. Payment for the Contractor’s services can be made by one of the following methods:
3.2.4. The payment date is deemed to be the date on which the funds are credited to the Contractor’s current account.
3.2.5. The Customer company (if applicable) is released from the obligation to pay taxes and fees in accordance with paragraph 8 of Article 2 of Federal Law 422-FZ of November 27, 2018.
3.3. The Service is considered rendered by the Contractor once access to the paid Online Courses or Webinars is provided to the Customer through the personal account on the Platform.
3.4. In the event the Customer fails to provide a reasoned refusal to accept the Services within three (3) days of the Services being rendered under this Agreement, the Services shall be considered automatically accepted by the Customer without comments.
3.5. If the cost of Services is not paid (or not fully paid) within the established deadlines, or if the data required for filing the application is not provided on time, or if incorrect data is provided during the application process, this Agreement is deemed not to have been concluded. The provisions of this clause do not apply when the Customer pays for the Services offered by the Contractor on a promotional (special offer) basis.
3.6. The Agreement shall be deemed concluded and shall become binding for both Parties from the moment the Customer pays for the Services.
3.7. By accepting the terms of the Agreement, the Customer consents, in accordance with applicable law, to the processing of (hereinafter, “Personal Data Processing”) the information provided by them and/or their personal data by the Contractor. Personal Data Processing is carried out using automated or non-automated means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, and destruction of personal data for the purpose of the Contractor fulfilling its obligations under this Agreement, as well as other obligations provided for by the Agreement and for compliance with requirements of regulations aimed at counteracting the legalization of criminal proceeds and other regulations. The term for using the Customer’s personal data is indefinite. The Customer also consents to the Contractor’s processing and use of the information and/or their personal data for the purpose of sending informational messages about the Contractor’s events and/or advertising messages about other services of the Contractor and/or the Contractor’s partners to the contact phone and/or email specified by the Customer. This consent to receive messages is considered valid for an indefinite period, until the Contractor receives written notice via the Contractor’s email requesting refusal to receive such messages. The Customer also consents to the transfer of the information and/or their personal data to third parties for the purpose of enabling the Contractor to take the actions provided for in this clause, provided that there is a duly executed agreement between the Contractor and such third parties.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes to:
4.1.1. Before the Customer pays for any access to the Courses in the personal account on the Platform, provide the Customer with all necessary information about the Course on the Contractor’s Site.
4.1.2. Provide consulting support regarding the rendered services, as well as the procedure and rules of registration and payment via the Contractor’s email from 10:00 to 18:00 Moscow time on business days or in the personal account on the Platform.
4.1.3. Provide access to the Platform’s Online Course within 24 hours after the start of the Course.
Provide access to the training videos on the days of the Course.
If there are changes to the conditions for holding the Webinar (time, dates, or other changes), notify the Customer no later than 23:59 Moscow time on the day preceding the Webinar.
4.1.4. Refund to the Customer any erroneously duplicated payments for the Course upon a written request from the Customer.
Refund to the Customer any paid amount for the Webinar upon a written request from the Customer submitted to the Contractor no later than 24 hours before the start of the relevant Webinar.
If these deadlines for submitting a refund request for the Course are missed, the Contractor does not refund the paid funds; they are used to cover the Contractor’s losses and are also treated as a penalty (fine) for the Customer’s breach of this Agreement.
4.2. The Contractor has the right to:
4.2.1. Engage third parties to provide the Services without obtaining prior consent from the Customer.
4.2.2. The Parties agree that the Contractor may change the dates and time of the Webinar, as well as other conditions for holding the specified Courses. The Contractor shall notify the Customer of such changes by posting information on the Contractor’s Site on the relevant Course page. The Customer must check these changes independently. Notification of changes to the time, date, or other conditions of the Webinar may also be sent to the Customer no later than 23:59 Moscow time on the day preceding the Webinar, via an email to the Customer’s contact address, a message in the Customer’s personal account, or an SMS/phone call to the Customer’s contact phone number.
4.2.3. The Customer agrees that, if the Customer violates Clause 4.3.10 of this Agreement, the Contractor has the right to deny the Customer access to the Webinar and to withhold any previously paid fees for that Course, since the Customer’s actions will be deemed a unilateral refusal of the obligations assumed.
4.3. The Customer undertakes to:
4.3.1. Independently and in a timely manner become familiar with the information about the Courses before submitting an application, as well as with changes to such conditions and the current version of the Agreement each time they visit the Site, including after acceptance of the Offer.
4.3.2. When registering, fill out the necessary required fields and provide accurate information as specified in Clause 3.1.1. of this Agreement.
4.3.3. Pay for the Services under the terms and at the prices in effect at the time of payment. The current terms and prices, as well as information about promotions (special offers), are posted on the Contractor’s Site.
4.3.4. Obtain the Contractor’s written consent if transferring the right of access to the online Course to a third party and submit the new Customer’s details set out in Clause 3.1.1. of this Agreement no later than 24 hours after payment.
Obtain the Contractor’s written consent if transferring the right of access to the Webinar to a third party and submit the new Customer’s details set out in Clause 3.1.1. of this Agreement no later than 24 hours before the start of the relevant Course.
If the right to access the Courses is transferred to a third party, the terms of this Agreement and the Privacy Policy shall also apply to that person.
4.3.5. If the Customer decides not to use the Contractor’s Services and refuses access to the Online Course, notify the Contractor in writing no later than 2 (two) days after payment.
If the Customer decides not to use the Contractor’s Services and refuses access to the Webinar, notify the Contractor in writing no later than 24 hours before the start of the relevant Course.
In the absence of such a statement within the specified time, the paid funds will not be refunded by the Contractor.
In any case of refusal of the Services, the Customer must reimburse the Contractor’s actual expenses, including all payment system fees charged when transferring funds to the Contractor’s account and from the Contractor’s account back to the Customer.
4.3.6. Not allow third parties to use the Online Courses and Webinars to which the Customer has access. If the Contractor discovers that third parties are using the Customer’s Online Courses and Webinars, the Contractor is entitled to prohibit the Customer from accessing those Courses and Webinars already paid for, without refunding any previously paid funds.
4.3.7. Respect the Contractor’s exclusive and copyright interests and those of third parties.
4.3.8. Immediately notify the Contractor in writing via the Contractor’s contact email of any changes to the Customer’s personal or contact information.
4.3.9. Comply with all rules for participating in the Course as set forth in this Agreement and those announced by the speakers during the Course, or otherwise made known to the Customer.
4.3.10. Maintain order and discipline on the Course Platform, both during registration and the Course itself, and avoid creating any inconvenience to other Customers or disrupting the training process on the Course Platform. If these rules are violated, the Contractor reserves the right to deny the Customer’s participation in the Course or to remove the Customer from the platform where the Course is held. In such a case, any fees paid by the Customer for the Course will not be refunded and shall be considered a penalty (fine) to be paid to the Contractor for the Customer’s breach of the obligations assumed.
4.3.11. Comply with the rules and usage procedures for the Platform as provided in the personal account on the Platform.
4.4. The Customer has the right to:
4.4.1. Take written notes during the Course, request clarification on the Course topics, and receive complete information about the content and procedure for the provision of Services by the Contractor.
5. LIABILITY OF THE PARTIES
5.1. In the event of non-performance or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the laws of the Russian Federation, taking into account the provisions of this Agreement.
5.2. The Contractor shall not be liable for inadequate performance of the Services if such inadequate performance resulted from the Customer providing inaccurate, incomplete, or untimely information, or from the Customer otherwise breaching the terms of this Agreement.
5.3. The Contractor shall not be liable for the Customer’s failure to meet the Customer’s subjective expectations regarding the provided Services. Such a failure to meet expectations or a negative subjective assessment by the Customer shall not constitute grounds to consider the Services provided as substandard or not in the agreed scope.
5.4. If the Customer, for reasons not attributable to the Contractor, does not use the Services and does not notify the Contractor of their decision to withdraw from the Services within the timeframe specified in Clause 4.3.5. of this Agreement, the Service shall be deemed to have been properly rendered, and the funds paid to the Contractor shall not be refunded.
5.5. If the Customer breaches the exclusive and copyright interests of the Contractor outlined in Section 8 of this Agreement, the Contractor has the right to:
In such circumstances, the Parties shall endeavor to take all possible measures to fulfill their obligations under this Agreement and, where feasible, postpone fulfillment of such obligations for a mutually agreed period.
6. DISPUTE RESOLUTION
6.1. All disputes and disagreements arising from the performance of this Agreement shall be settled by negotiation between the Parties. The period for review of a written claim by the Parties is fifteen (15) calendar days.
6.2. If no mutual agreement is reached, all disputes shall be settled in court in accordance with the legislation of the Russian Federation, at the location of the provision of Services. The Parties agree that the place of Service provision is the city of Saint Petersburg.
7. TERM OF THE AGREEMENT AND PROCEDURE FOR ITS AMENDMENT OR TERMINATION
7.1. This Agreement comes into force upon the Customer’s acceptance and remains valid until all obligations are fulfilled by the Parties.
7.2. The Contractor has the right, at any time and without prior notice to the Customer, to unilaterally amend the terms of this Agreement, provided that the revised terms are published on the Contractor’s Site at least one day prior to their effective date.
7.3. The Customer has the right to unilaterally terminate this Agreement if the Contractor fails to provide the Services within the agreed timeframe.
8. RESULTS OF INTELLECTUAL ACTIVITY
8.1. All informational materials provided by the Contractor to the Customer during the Courses, as well as any photo and video materials obtained by the Contractor during the Courses, constitute the results of intellectual activity. The exclusive and copyright interests, including related rights, belong to the Contractor.
8.2. Photography, audio, and/or video recording of the Courses is permitted only with the Contractor’s approval. Any use of the results of such intellectual property without the Contractor’s written consent shall constitute a violation of the Contractor’s exclusive rights and may entail civil, administrative, or other liability under the laws of the Russian Federation.
8.3. The Customer is not permitted to copy audio or video materials of the Contractor’s Courses, in whole or in part, record Course broadcasts, or otherwise document the content of such Courses, in whole or in part, by any means or on any tangible medium, nor is the Customer permitted to use the contents of the Courses without the Contractor’s written consent. Any such act will be considered an infringement of the Contractor’s exclusive rights and may entail civil, administrative, or criminal liability under the laws of the Russian Federation.
9. CONFIDENTIAL INFORMATION AND THE CUSTOMER’S PERSONAL DATA
9.1. The Parties shall not disclose to third parties, without mutual consent, any organizational, technological, or commercial information that constitutes a trade secret for either Party (“confidential information”), provided that:
9.3. The Customer agrees to the Contractor’s use of the Customer’s personal data provided during registration on the Contractor’s Site. The Contractor shall ensure the confidentiality of the Customer’s personal data.
9.4. By entering into this Agreement, the Customer grants the Contractor the right to use the Customer’s image, which is included in the results of the Contractor’s intellectual activity referenced in Clause 4.2.1. of the Agreement. If the Customer does not consent to granting the Contractor the rights to use their image, the Customer must notify the Contractor in writing at the Contractor’s email address.
10. OTHER CONDITIONS
10.1. The application completed by the Customer on the Contractor’s Site constitutes an integral part of this Agreement.
10.2. In all matters not addressed in this Agreement, the Parties shall be guided by the laws of the Russian Federation.
FOR THE PROVISION OF INFORMATION AND CONSULTING SERVICES
Artem Vladimirovich Pchelnikov (hereinafter referred to as the “Contractor”), by means of this public offer, proposes to any individual or legal entity, as well as a sole proprietor (hereinafter referred to as the “Customer”), to conclude a Public Offer Agreement for the provision of information and consulting services (hereinafter referred to as the “Agreement”).
In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (the “RF Civil Code”), in the event of acceptance of the terms set forth below and payment for services, the person accepting this offer becomes the Customer (pursuant to paragraph 3 of Article 438 of the RF Civil Code, acceptance of the offer is tantamount to entering into a contract under the conditions stated in the offer).
In view of the above, please read the text of this Agreement carefully, and if you do not agree with any of its provisions, the Contractor suggests you refrain from taking any actions required for acceptance or enter into a personal agreement with the Contractor under separately negotiated conditions.
Full and unconditional acceptance of this offer is deemed to occur when the Customer pays for the Services offered by the Contractor. With respect to Services offered by the Contractor under special deals (promotions, if any) with installment payment terms, full and unconditional acceptance of this offer occurs upon the Customer making the first installment agreed upon by the Parties.
1. TERMS OF THE PUBLIC OFFER
In this Offer, unless the context requires otherwise, the following terms shall have the following meanings:
- “Offer” – a public proposal by the Contractor, addressed to any individual, legal entity, or sole proprietor (the Customer), to conclude a contract under the conditions of this Offer, as well as on the basis of other rules governing the operation of the platform posted on the website https://yboom.ru.
- “Acceptance (Accept)” – the full and unconditional acceptance by the Customer of the conditions of the Offer. The Customer’s payment for a chosen access format to the Courses of the platform, arranged on the website https://yboom.ru, signifies the Customer’s agreement with the terms of this Offer.
- “Site” – the set of data accessible for viewing on the Internet at the domain https://yboom.ru.
- “Contractor” – Sole Proprietor (ИП) Artem Vladimirovich Pchelnikov (Tax ID 470705982873), who provides information services via the Internet.
- “Customer” – the person who has concluded this Agreement with the Contractor under the conditions of the Offer, whereby the Contractor provides information and consulting services through conducting a course in the form of online video broadcast over the Internet by granting special access, or in the form of a real-time online broadcast over the Internet.
2.1. The subject of this Agreement is the fee-based provision by the Contractor of information and consulting services by conducting a Course in the form of an online broadcast of video recordings over the Internet, granting special access (hereinafter – the “Course”), or in the form of an online broadcast in real time over the Internet (hereinafter – the “Webinar”), (hereinafter jointly – the “Services”), in the manner and within the time limits set out in this Agreement.
2.2. The Course is the Contractor’s proprietary training program or a third party’s training program (which has transferred exclusive rights to the Contractor), consisting of a series of educational lectures, personal consultations, master classes, and methodological materials.
2.3. The cost, scope, content, timing, location, and procedure for the provision of Services are indicated on the Contractor’s website https://yboom.ru and its subdomains (hereinafter – the “Site”). The provision of services for each subsequent Course is carried out on the basis of this Offer Agreement. Upon the Customer’s first acceptance of this Offer Agreement, the Customer accepts the Agreement for a specific period in accordance with the selected access format.
2.4. The conditions for the provision of the Services may also be communicated by the Contractor’s representatives to the Customer by sending the corresponding notice to the Customer’s contact email, posting it in the Customer’s personal account on the Site, and/or sending an SMS message to the Customer’s contact telephone number. The Customer must independently and promptly check for notifications coming from the Contractor.
3. CONDITIONS AND PROCEDURE FOR PROVIDING SERVICES
3.1. The Customer enters into this Agreement by performing the following actions (acceptance of the public offer):
3.1.1. Customer Registration on the Platform at https://yboom.ru.
To register, the Customer must provide the following information:
- First and last name;
- Contact telephone number;
- Contact email.
3.1.3. The Contractor, through the Customer’s personal account on the Platform, provides information about the types, content, cost, and payment procedures for access to the Platform’s Courses.
3.1.4. By paying for any of the accesses to the Courses in the personal account on the Platform, the Customer confirms the full and unconditional acceptance of the terms of this Offer.
3.2. Payment for access shall be made as follows:
3.2.1. The Customer pays for the services under this Agreement in the amount established by the Contractor and recorded in the Customer’s personal account on the Platform.
3.2.2. Payment is made in the amount of 100% prepayment for access to the Courses of the Educational Platform. A different payment procedure is possible in accordance with the conditions of promotions (special offers) or in cases separately agreed upon with the Contractor.
3.2.3. If payment for the course involves a prepayment, the Customer shall pay the amount specified and recorded in the personal account on the Platform, after which the Contractor provides the Customer with access to the preparatory materials of the Course. Once the Customer pays the full price for the relevant Course, the Contractor grants the Customer full access to the Course materials.
3.2.3.1. If the Customer refuses to pay in full for the relevant Course, the Contractor has the right not to refund the prepayment amount for the chosen Course, since the paid funds cover the Contractor’s losses and are also treated as a penalty (fine) charged to the Customer for breaching the terms of the Agreement.
3.2.3. Payment for the Contractor’s services can be made by one of the following methods:
- by electronic payment;
- by payment through payment terminals or online banking;
- by bank transfer to the Contractor’s current account;
- by other methods as pre-agreed with the Contractor.
3.2.4. The payment date is deemed to be the date on which the funds are credited to the Contractor’s current account.
3.2.5. The Customer company (if applicable) is released from the obligation to pay taxes and fees in accordance with paragraph 8 of Article 2 of Federal Law 422-FZ of November 27, 2018.
3.3. The Service is considered rendered by the Contractor once access to the paid Online Courses or Webinars is provided to the Customer through the personal account on the Platform.
3.4. In the event the Customer fails to provide a reasoned refusal to accept the Services within three (3) days of the Services being rendered under this Agreement, the Services shall be considered automatically accepted by the Customer without comments.
3.5. If the cost of Services is not paid (or not fully paid) within the established deadlines, or if the data required for filing the application is not provided on time, or if incorrect data is provided during the application process, this Agreement is deemed not to have been concluded. The provisions of this clause do not apply when the Customer pays for the Services offered by the Contractor on a promotional (special offer) basis.
3.6. The Agreement shall be deemed concluded and shall become binding for both Parties from the moment the Customer pays for the Services.
3.7. By accepting the terms of the Agreement, the Customer consents, in accordance with applicable law, to the processing of (hereinafter, “Personal Data Processing”) the information provided by them and/or their personal data by the Contractor. Personal Data Processing is carried out using automated or non-automated means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, and destruction of personal data for the purpose of the Contractor fulfilling its obligations under this Agreement, as well as other obligations provided for by the Agreement and for compliance with requirements of regulations aimed at counteracting the legalization of criminal proceeds and other regulations. The term for using the Customer’s personal data is indefinite. The Customer also consents to the Contractor’s processing and use of the information and/or their personal data for the purpose of sending informational messages about the Contractor’s events and/or advertising messages about other services of the Contractor and/or the Contractor’s partners to the contact phone and/or email specified by the Customer. This consent to receive messages is considered valid for an indefinite period, until the Contractor receives written notice via the Contractor’s email requesting refusal to receive such messages. The Customer also consents to the transfer of the information and/or their personal data to third parties for the purpose of enabling the Contractor to take the actions provided for in this clause, provided that there is a duly executed agreement between the Contractor and such third parties.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes to:
4.1.1. Before the Customer pays for any access to the Courses in the personal account on the Platform, provide the Customer with all necessary information about the Course on the Contractor’s Site.
4.1.2. Provide consulting support regarding the rendered services, as well as the procedure and rules of registration and payment via the Contractor’s email from 10:00 to 18:00 Moscow time on business days or in the personal account on the Platform.
4.1.3. Provide access to the Platform’s Online Course within 24 hours after the start of the Course.
Provide access to the training videos on the days of the Course.
If there are changes to the conditions for holding the Webinar (time, dates, or other changes), notify the Customer no later than 23:59 Moscow time on the day preceding the Webinar.
4.1.4. Refund to the Customer any erroneously duplicated payments for the Course upon a written request from the Customer.
Refund to the Customer any paid amount for the Webinar upon a written request from the Customer submitted to the Contractor no later than 24 hours before the start of the relevant Webinar.
If these deadlines for submitting a refund request for the Course are missed, the Contractor does not refund the paid funds; they are used to cover the Contractor’s losses and are also treated as a penalty (fine) for the Customer’s breach of this Agreement.
4.2. The Contractor has the right to:
4.2.1. Engage third parties to provide the Services without obtaining prior consent from the Customer.
4.2.2. The Parties agree that the Contractor may change the dates and time of the Webinar, as well as other conditions for holding the specified Courses. The Contractor shall notify the Customer of such changes by posting information on the Contractor’s Site on the relevant Course page. The Customer must check these changes independently. Notification of changes to the time, date, or other conditions of the Webinar may also be sent to the Customer no later than 23:59 Moscow time on the day preceding the Webinar, via an email to the Customer’s contact address, a message in the Customer’s personal account, or an SMS/phone call to the Customer’s contact phone number.
4.2.3. The Customer agrees that, if the Customer violates Clause 4.3.10 of this Agreement, the Contractor has the right to deny the Customer access to the Webinar and to withhold any previously paid fees for that Course, since the Customer’s actions will be deemed a unilateral refusal of the obligations assumed.
4.3. The Customer undertakes to:
4.3.1. Independently and in a timely manner become familiar with the information about the Courses before submitting an application, as well as with changes to such conditions and the current version of the Agreement each time they visit the Site, including after acceptance of the Offer.
4.3.2. When registering, fill out the necessary required fields and provide accurate information as specified in Clause 3.1.1. of this Agreement.
4.3.3. Pay for the Services under the terms and at the prices in effect at the time of payment. The current terms and prices, as well as information about promotions (special offers), are posted on the Contractor’s Site.
4.3.4. Obtain the Contractor’s written consent if transferring the right of access to the online Course to a third party and submit the new Customer’s details set out in Clause 3.1.1. of this Agreement no later than 24 hours after payment.
Obtain the Contractor’s written consent if transferring the right of access to the Webinar to a third party and submit the new Customer’s details set out in Clause 3.1.1. of this Agreement no later than 24 hours before the start of the relevant Course.
If the right to access the Courses is transferred to a third party, the terms of this Agreement and the Privacy Policy shall also apply to that person.
4.3.5. If the Customer decides not to use the Contractor’s Services and refuses access to the Online Course, notify the Contractor in writing no later than 2 (two) days after payment.
If the Customer decides not to use the Contractor’s Services and refuses access to the Webinar, notify the Contractor in writing no later than 24 hours before the start of the relevant Course.
In the absence of such a statement within the specified time, the paid funds will not be refunded by the Contractor.
In any case of refusal of the Services, the Customer must reimburse the Contractor’s actual expenses, including all payment system fees charged when transferring funds to the Contractor’s account and from the Contractor’s account back to the Customer.
4.3.6. Not allow third parties to use the Online Courses and Webinars to which the Customer has access. If the Contractor discovers that third parties are using the Customer’s Online Courses and Webinars, the Contractor is entitled to prohibit the Customer from accessing those Courses and Webinars already paid for, without refunding any previously paid funds.
4.3.7. Respect the Contractor’s exclusive and copyright interests and those of third parties.
4.3.8. Immediately notify the Contractor in writing via the Contractor’s contact email of any changes to the Customer’s personal or contact information.
4.3.9. Comply with all rules for participating in the Course as set forth in this Agreement and those announced by the speakers during the Course, or otherwise made known to the Customer.
4.3.10. Maintain order and discipline on the Course Platform, both during registration and the Course itself, and avoid creating any inconvenience to other Customers or disrupting the training process on the Course Platform. If these rules are violated, the Contractor reserves the right to deny the Customer’s participation in the Course or to remove the Customer from the platform where the Course is held. In such a case, any fees paid by the Customer for the Course will not be refunded and shall be considered a penalty (fine) to be paid to the Contractor for the Customer’s breach of the obligations assumed.
4.3.11. Comply with the rules and usage procedures for the Platform as provided in the personal account on the Platform.
4.4. The Customer has the right to:
4.4.1. Take written notes during the Course, request clarification on the Course topics, and receive complete information about the content and procedure for the provision of Services by the Contractor.
5. LIABILITY OF THE PARTIES
5.1. In the event of non-performance or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the laws of the Russian Federation, taking into account the provisions of this Agreement.
5.2. The Contractor shall not be liable for inadequate performance of the Services if such inadequate performance resulted from the Customer providing inaccurate, incomplete, or untimely information, or from the Customer otherwise breaching the terms of this Agreement.
5.3. The Contractor shall not be liable for the Customer’s failure to meet the Customer’s subjective expectations regarding the provided Services. Such a failure to meet expectations or a negative subjective assessment by the Customer shall not constitute grounds to consider the Services provided as substandard or not in the agreed scope.
5.4. If the Customer, for reasons not attributable to the Contractor, does not use the Services and does not notify the Contractor of their decision to withdraw from the Services within the timeframe specified in Clause 4.3.5. of this Agreement, the Service shall be deemed to have been properly rendered, and the funds paid to the Contractor shall not be refunded.
5.5. If the Customer breaches the exclusive and copyright interests of the Contractor outlined in Section 8 of this Agreement, the Contractor has the right to:
- Refuse to perform and unilaterally terminate the Agreement;
- Collect a penalty from the Customer in the amount of 500,000 (five hundred thousand) rubles.
In such circumstances, the Parties shall endeavor to take all possible measures to fulfill their obligations under this Agreement and, where feasible, postpone fulfillment of such obligations for a mutually agreed period.
6. DISPUTE RESOLUTION
6.1. All disputes and disagreements arising from the performance of this Agreement shall be settled by negotiation between the Parties. The period for review of a written claim by the Parties is fifteen (15) calendar days.
6.2. If no mutual agreement is reached, all disputes shall be settled in court in accordance with the legislation of the Russian Federation, at the location of the provision of Services. The Parties agree that the place of Service provision is the city of Saint Petersburg.
7. TERM OF THE AGREEMENT AND PROCEDURE FOR ITS AMENDMENT OR TERMINATION
7.1. This Agreement comes into force upon the Customer’s acceptance and remains valid until all obligations are fulfilled by the Parties.
7.2. The Contractor has the right, at any time and without prior notice to the Customer, to unilaterally amend the terms of this Agreement, provided that the revised terms are published on the Contractor’s Site at least one day prior to their effective date.
7.3. The Customer has the right to unilaterally terminate this Agreement if the Contractor fails to provide the Services within the agreed timeframe.
8. RESULTS OF INTELLECTUAL ACTIVITY
8.1. All informational materials provided by the Contractor to the Customer during the Courses, as well as any photo and video materials obtained by the Contractor during the Courses, constitute the results of intellectual activity. The exclusive and copyright interests, including related rights, belong to the Contractor.
8.2. Photography, audio, and/or video recording of the Courses is permitted only with the Contractor’s approval. Any use of the results of such intellectual property without the Contractor’s written consent shall constitute a violation of the Contractor’s exclusive rights and may entail civil, administrative, or other liability under the laws of the Russian Federation.
8.3. The Customer is not permitted to copy audio or video materials of the Contractor’s Courses, in whole or in part, record Course broadcasts, or otherwise document the content of such Courses, in whole or in part, by any means or on any tangible medium, nor is the Customer permitted to use the contents of the Courses without the Contractor’s written consent. Any such act will be considered an infringement of the Contractor’s exclusive rights and may entail civil, administrative, or criminal liability under the laws of the Russian Federation.
9. CONFIDENTIAL INFORMATION AND THE CUSTOMER’S PERSONAL DATA
9.1. The Parties shall not disclose to third parties, without mutual consent, any organizational, technological, or commercial information that constitutes a trade secret for either Party (“confidential information”), provided that:
- such information has actual or potential commercial value because it is unknown to third parties;
- there is no free access to such information on a lawful basis;
- the owner of such information takes adequate measures to protect its confidentiality.
9.3. The Customer agrees to the Contractor’s use of the Customer’s personal data provided during registration on the Contractor’s Site. The Contractor shall ensure the confidentiality of the Customer’s personal data.
9.4. By entering into this Agreement, the Customer grants the Contractor the right to use the Customer’s image, which is included in the results of the Contractor’s intellectual activity referenced in Clause 4.2.1. of the Agreement. If the Customer does not consent to granting the Contractor the rights to use their image, the Customer must notify the Contractor in writing at the Contractor’s email address.
10. OTHER CONDITIONS
10.1. The application completed by the Customer on the Contractor’s Site constitutes an integral part of this Agreement.
10.2. In all matters not addressed in this Agreement, the Parties shall be guided by the laws of the Russian Federation.
10.3. The Customer confirms that, before entering into this Agreement (accepting this Offer), they received from the Contractor all necessary information regarding the deadlines, procedure, and other conditions for the provision of Services; that they fully understand the terms of this Agreement; and that they accept these terms unconditionally and in full.