Contract-Offer for the provision of services
Confectionery Masterpieces LLC, represented by General Director Natalia Ivanovna Mokhosova, acting on the basis of the charter, hereinafter referred to as the "Contractor", acting on the basis of the state registration record dated June 4, 2021 (TIN: 3827066123, OGRN: 1213800014911), publishes to an indefinite circle of persons, hereinafter referred to as the "User", this offer, which is in accordance with paragraph 2 of Art. 437 of the Civil Code of the Russian Federation as a public contract-offer (proposal) and contains all the essential terms of the Agreement.
These terms shall have the following meaning in relation to this agreement only and may not be interpreted differently in relation to the services provided under this agreement. The interpretation of the terms of this agreement is made in accordance with Art. 431 of the Civil Code of the Russian Federation.
1.1. Site - a set of software and hardware for computers on the Internet, united by the domain name http://nataly-school.ru (including any of its subdomains) that provides the Parties with the ability to execute this agreement, including, but not limited to, providing the User with access to the services specified in this agreement.
1.2. Course - a set of master classes (video lessons) united by one topic selected by the User, offered through the Site to the User on the terms determined by this offer. Curator's consultations are not included in the paid Course and are a bonus addition. Consultations include an unlimited number of questions during the course.
1.3. Consultant - the User's curator, provided to the User by the Contractor. and conducting the course.
1.4. Login (login) - the User ID for use on the Site, allowing access to the Course. Login is unique.
1.5. Password (password) - a sequence of characters to be entered on the Site to confirm the compliance of the Login with the User.
1.6. Acceptance is the unconditional consent of the User to the terms of this agreement. The acceptance of this agreement is the fact of payment and / or partial payment of the course.
1.7. Administration - the Contractor or his authorized representative, acting in the interests of the Contractor and carrying out the execution of this agreement.
2. SUBJECT OF THE CONTRACT
2.1. In accordance with the terms of this Agreement, the Contractor undertakes to provide the User with services for organizing the process of implementing distance learning via the Internet, on a specific topic selected by the User.
2.2. Types and name of the course, terms and other necessary characteristics of the course are indicated on the Site.
2.3. The user receives the right to access and the right to use the course from the moment of acceptance of this offer. If the acceptance occurred before the start of the course, indicated by the calendar date on the course page, the Contractor undertakes to grant the right to access and use the course materials from the moment the calendar date indicating the beginning of the course arrives. At the same time, the parties acknowledge that the acceptance of this offer in full occurs from the moment specified in clause 1.6. of this offer.
2.4. This agreement does not require sealing and signing by the User and the Contractor, while maintaining full legal force.
3. TERMS OF SERVICE. ACCESS TO SERVICES
3.1 The user must provide accurate and complete information about himself on the issues set out in the registration form on the page http://nataly-school.ru. If the User provides information that does not meet the reliability requirements, the administration has the right, at its discretion, to refuse the User to restore access to the services.
3.2 Access to the services is provided to the User by sending a password key to the e-mail. The deadline for sending the password key is at least 1 calendar day before the course start date, subject to the User's compliance with clause 1.6. of this offer.
3.2.1. The Contractor is not responsible if the user specifies an invalid e-mail address. In case of specifying an unreliable address, the period specified in clause 3.2. of this offer may be extended for the time necessary for the Contractor to resolve the situation.
3.3 The risk of accidental destruction, loss or damage of the password key, as well as the risk of disclosure of confidential information lies with the User. All actions performed using the User's password key are considered to be performed by the User. The Contractor is not responsible for the unauthorized use of the User's registration data by third parties.
3.4. In case of loss of the key-password, the User has the right to apply to the Administration for restoration. Restoration is carried out by sending a password key to the User's e-mail within 1 (one) business day from the moment the User requests restoration.
3.5. The period for granting access to the paid Course is carried out from the moment the Course starts and ends at the time specified in the "Purchased Products" section. Pupon agreement with the Administration, the period for granting access may be extended.
3.6. If the Course is paid in full, the Administration provides access to the Course materials for one year from the end date of the Course.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes, upon receipt of funds from the User in the amount of the full price of the Course (or the corresponding prepayment), to provide the User with the following services:
4.1.1. open access to communication with the Consultant in a specialized interface no later than the start date of the Course *;
4.1.2. open access to the course materials prepared by the Contractor no later than the start date of the course
4.1.3. Guarantee the work of the Consultant with the User throughout the course *;
4.2. If the User purchases the Course after the start date of the Course, determined by the schedule of the Contractor, then the deadline for completing clauses 4.1.1 and clause 4.1.2 is no later than 1 business day from the date of receipt of funds from the User in the amount of the full price of the Course (or corresponding prepayment).
4.3. The user undertakes:
4.3.1. Pay the course in full;
4.3.2. Before starting the Course, familiarize yourself with all the materials, including the course rules, the procedure for communicating with the curator and the procedure for submitting homework.
4.3.3. Follow the Consultant's instructions for the successful completion of the Course *
4.3.4. Complete the Course within 8 months from the date of prepayment. If the specified period has expired, the service is considered to be provided properly and no refund is made. At the same time, the User independently monitors the specified time limits for completing the course. In any case, the prepayment made for the course has no time limit, and the client has the right to start classes at any time, including after 8 months.
4.3.5. Assign an assessment to the Course and work of the Consultant if the Contractor sends a corresponding request to the User;
4.3.6. Do not transfer your Login and Password to third parties. Otherwise, the Administration reserves the right to block the User's account without the right to restore access again. There is no refund for the Course/Courses purchased by such User.
4.3.7. In case of refusal to fulfill the Agreement, reimburse the Contractor for the costs incurred in the amount of the cost of the course. The parties have agreed that the cost of the Contractor's services for providing access to courses is 990 rubles.
If the User of the Course refuses 2 (two) working days before the start of the Course, the Contractor shall return the full cost paid by the User.
If the User refuses to continue the Course 1 (one) business day before the start of the Course and later, the Contractor has the right to withhold the paid funds based on the calculation:
- 990 rubles - non-refundable amount;
- according to the formula: (X - 990 rubles) / Z * Y = refund amount. Where “X” is the money paid by the User for the Course. Where “Z” is the total number of course videos. Where "Y" is the number of videos available for viewing by the user.
4.3.8. Not to use in any way outside the Course the materials included in the Course, frames, texts, any works of literary, scientific or artistic creativity, other results of intellectual activity or means of individualization that the User has read or received a copy of in the course of preparation for the Course, during the Course or otherwise in connection with the Course without the written permission of the Contractor. If the Administration detects the facts of such behavior of the User, the latter is issued a warning about violation of the rules of conduct in chats, violation of the offer agreement by means of a notification via personal account / chat in VK / e-mail. In case of repeated detection, the Administration reserves the right to block the User's account without the right to restore access again. There is no refund for the Course/Courses purchased by such User.
4.3.9. Comply with the Course Rules posted on the Site.
4.3.10. The User agrees not to take actions that may be considered as violating Russian law or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to a violation of the normal operation of the Site and services Site.
4.3.11. Comments and other entries of the User on the Site should not conflict with the requirements of the legislation of the Russian Federation and generally accepted norms of morality and ethics.
4.4. If, after the start date of the Course, the User intends to refuse to continue taking the Course due to a change in life circumstances or for any other reason not related to the Contractor’s violation of its obligations under the Agreement, the User is obliged to notify the Contractor of his intention no later than 1 (one) day after the adoption of this decision. In this case, the refund of the money paidis issued according to the rules of clause 4.3.7. of this offer. The date of refusal to complete the Course and, accordingly, the date of termination of this agreement for the reasons set forth in this paragraph, will be the date of receipt of the notice by the Contractor.
4.5. The User hereby expresses his consent to the free use by the Contractor of his own image (s) obtained by the photographic method under this Agreement in any form and in any way that does not contradict the current legislation of the Russian Federation (including processing and modification), including its (their) demonstration to third parties and alienates the Contractor free of charge exclusive rights to photographs, reviews and other intellectual property objects (hereinafter referred to as Intellectual Property Objects) created by him before, during, after completing the Course (Courses), posted by him in any part of the Site or sent by the User via any communication channel of the Contractor for the execution of the Agreement. The exclusive right to each Intellectual Property Object transfers free of charge in full from the User to the Contractor at the time the User first places such an Intellectual Property Object on the Site or at the time the User sends the Intellectual Property Object via any communication channel of the Contractor for the execution of the Agreement and is not retained by the User. The transfer of the exclusive right is understood as the gratuitous alienation of the exclusive right from the User to the Contractor in full, without any restrictions, encumbrances and other obstacles to use. The User has the right to use the above image(s), Intellectual Property Objects exclusively and only for personal purposes, not related to making a profit. The User retains personal non-property rights, the alienation of which is impossible under the current legislation of the Russian Federation.
4.6. The User hereby grants the Contractor the right and gives his consent to edit, design his own image (images), Intellectual Property Objects in any way at the discretion of the Contractor, including making changes to them, supplying with a preface, afterword, comments or any explanations, as well as in any other way; the right to change their names at their own discretion; the right to make public and publish at any time and in any way (if not made public); the right to indicate the User's name on each copy of the Intellectual Property Object made by the Contractor and (or) third parties with the permission of the Contractor, as well as when using the Intellectual Property Object in other ways that allow such an indication.
4.7. The user grants the Contractor the right and gives his consent to check the tasks he has completed and receive comments about the result.
4.8. The user is warned that the Site Administration is not responsible for visiting and using external resources, links to which may be contained on the site.
4.9. The User accepts the provision that all materials and services of the Site or any part of them may be accompanied by advertising. The User agrees that the Site Administration does not bear any responsibility and does not have any obligations in connection with such advertising.
4.10. The Contractor has the right to change the start schedule of the Courses, notifying the User no later than 3 days before the expected start of the Course.
5. PROVISION OF SERVICES, TRANSFER OF PROVISION OF SERVICES
5.1. The Services are considered to be properly rendered if during the course of the Course by the User, as well as within 5 (five) calendar days from the end of the Course by the User, the latter has not made any claims to the Contractor.
5.2. If, after the start date of the Course, the User expresses a desire to transfer to a group with a later start date, such a transfer is considered a separate service and is paid according to the Contractor's price list. The transfer time to another group is 3 working days.
5.3. In the event that the period allotted for completing the Course is completed, but the User did not complete it on time (did not pass 1 or more tasks and did not receive a certificate) and expresses a desire to submit incomplete tasks and receive a certificate, the Contractor provides an opportunity to purchase a separate service "Feedback ”, which is paid according to the price list of the Contractor.
5.4. The user is granted the right to transfer from one course to another under the following conditions:
5.4.1. The User paid according to the pre-agreed payment schedule, the User currently has no debt;
5.4.2. The selected new course is not subject to discounts for early booking and others;
5.4.3. When transferring, the Contractor has the right to withhold an amount proportional to the costs of the Contractor and the course materials completed.
5.5. Upon completion of training, the User is provided withthe opportunity to receive a certificate of attendance of the course in electronic form. The conditions for obtaining a certificate are indicated in the Course Rules on the Site.
6. PAYMENT FOR SERVICES
6.1. For the services provided, the User pays a fee, the amount and payment procedure of which is indicated on the Contractor's Website. The Site Administration additionally explains to the User the provisions on payment for the Course when booking the Course.
6.2. The amount of payment for services is set without VAT (subparagraph 14 of paragraph 149 of the Tax Code of the Russian Federation).
6.3. The price of the Course is indicated on the Website in the relevant section. Payment is made in accordance with the prices indicated on the website page. In case of partial payment for the Course, the terms of further payment depend on the Course schedule and do not correlate in any way with the Course materials already viewed by the User.
6.4. Possible payment methods are published on the Site in the section of the Course selected by the User.
6.5. The cost of services may vary depending on market conditions, which is reflected on the site. The Contractor cannot change the cost of services for a specific user if he has already accepted the Contractor's terms and paid for the course in the manner prescribed by this agreement.
6.6. The return of funds to the User, when such a return is provided for by these rules or the legislation of the Russian Federation, is carried out at the written request of the User. The refund is made in the same way that the payment was made (bank card, electronic money, etc.)
6.7. Settlements between the parties to the Agreement shall be made in the currency of the Russian Federation - Russian rubles.
6.8. Ensuring security and confidentiality in settlements between the User and the Contractor under this agreement, regardless of the method of payment for services, is provided by third parties, namely electronic money operators and banks on the basis of agreements concluded by the Contractor with such third parties.
6.9. After the payment is made, a check is sent to the email address specified by the User.
7. PERSONAL DATA
7.1. The user provides the Contractor, as the operator of personal data, with his personal data, including last name, first name, year, month, date of birth, e-mail address and full and unconditional consent to the processing by the Contractor (including collection, systematization, accumulation, clarification ( update, change), use, distribution, destruction, indefinite storage) of the above data in electronic form and / or on paper for sending out invitations to events and other information, including by e-mail.
7.2. The date of issuance of written consent to the processing of the User's personal data is the date of payment and (or) partial payment for the services of the Site. The consent specified in this clause is valid for 5 (five) years. The Contractor assumes the obligation to maintain the confidentiality of the User's personal data.
7.3. Simultaneously with the above consent to the processing of personal data, the User gives his full consent to receive messages from the Contractor via e-mail, SMS, social networks, including advertising messages.
8. FORCE MAJOR
8.1. The Parties are released from liability for full or partial failure to fulfill obligations under this Agreement, if such failure is the result of force majeure (“force majeure”), that is, extraordinary and unavoidable circumstances by the Parties under these conditions, including mass riots, prohibitive actions of the authorities , natural disasters, fires, catastrophes and other force majeure circumstances, as well as:
8.1.1. Power outages;
8.1.2. Global interruptions in the work of Russian and international segments of the Internet;
8.1.3. Failures of routing systems;
8.1.4. Failures caused by hacker and DOS attacks (or DDOS attacks);
8.2. The parties are obliged to notify each other in writing or by e-mail (e-mail) of the existence of force majeure circumstances within 7 (seven) days after their occurrence.
8.3. If the occurrence of the relevant force majeure circumstances directly affected the fulfillment by the Parties of their obligations within the time period established in this Agreement, this period is proportionally extended for the duration of the relevant circumstances.
8.4. If it is impossible for the Parties to fulfill their obligations under this agreement for more than 2 (two) months, the Parties have the right to terminate this agreement without compensation for possible losses.
9. DISPUTES AND DISPUTES
9.1. If the User has any complaints about the work of the Consultant, the User informs the Contractor about this by sending a message to the email address firstname.lastname@example.org. The Contractor contacts the User no later than the next day and finds out the specific circumstances of the claim. Based on the results of the clarification, the Contractor takes the following actions:
9.1.1. Freely replaces the Course with another Course selected by the User;
9.1.2. reducet the price of the Course, but not more than 20% (twenty percent);
9.1.3. leaves the claim without satisfaction (in the event that the User's data was not confirmed by the results of studying the materials of the Site and passing the Course, as well as by the results of clarifying the occurrence of a conflict situation with the Consultant).
9.1.4. Returns to the User 100% (one hundred percent) of the cost of the paid course if the User detects a violation by the Contractor of obligations from clause 4.1 of this Offer, within 7 (seven) calendar days from the date when the Contractor became aware of such circumstances.
9.2. In case of violation of the obligation specified in clause 4.3.6, or the obligation to pay for the services of the Site, in addition to claims sent in the same manner, the Contractor has the right to block the User's access to the Site, terminate the contract unilaterally without any payments to the User.
9.3. In case of violation by the User of the obligations listed in paragraphs. 4.3.1.-4.3.5., the Contractor sends claims to the User's e-mail in the manner specified in clause 9.1. actual agreement. Until the claim is resolved, the Contractor has the right to suspend the User's access to the Site.
9.4. In the event that the User has grossly violated the Rules of the Course, does not comply with the rules of communication, speaks aggressively against other users or the curator, the Contractor has the right to unilaterally terminate this agreement with the Course User without refunding the funds previously paid by him for the course. The notice of termination of the contract is sent to the User's e-mail. The date of termination of the contract is the date specified in the notice of termination.
9.5. In the event of disputes, claims and (or) claims on issues stipulated by this Agreement or in connection with it, the Parties undertake to take all possible and reasonable measures to resolve them through negotiations. Compliance with the claim (pre-trial) procedure for resolving the dispute is mandatory for the Parties. The general term for responding to a claim is 15 calendar days from the date of receipt, unless other terms for a specific situation are provided for in this agreement.
9.6. In case of refusal to satisfy the claim, or partial refusal to satisfy the claim, or leaving the claim without consideration, as well as the impossibility of resolving disputes through negotiations, the party whose claim was not satisfied has the right to go to court. The court to which the disputes arising from this Agreement are submitted is the court at the location of the Contractor.
10. LIABILITY AND LIMITATION OF LIABILITY
10.1 For violation of the terms of this agreement, the Parties shall be liable under the agreement and / or the current legislation of the Russian Federation.
10.2 The Contractor under no circumstances bears any responsibility under this agreement for: a) any actions / inactions that are a direct or indirect result of the actions / inactions of the User and / or third parties; b) any direct or indirect losses and/or lost profits incurred by the User and/or third parties; c) the use (impossibility of use) and any consequences of the use (impossibility of use) by the User of the form of payment for the Services chosen by him under this agreement, as well as the use / inability to use by the User and / or third parties of any means and / or methods of transfer / receipt information.
10.3 The total amount of the Contractor's liability under this agreement, including the amount of penalties (fines, penalties) and / or recoverable losses, for any claim or claim regarding the conclusion, execution and (or) termination of this agreement, is limited to 10% of the total cost of the services provided to the User .
10.4 The user is fully responsible for the accuracy of the information provided by him when registering on the site.
10.5. The Contractor is not responsible for the preparation, compliance with the recipe, selection of ingredients, quality and shelf life of the ingredients and other negative consequences associated with the quality of the desserts prepared by the User.
10.6. The User's claims regarding the taste of desserts are not grounds for a refund by the Contractor.
10.7. After purchasing the course, the User has access to a list of inventory and ingredients. The Parties have agreed that the reason for the refusal of the Course cannot be the absence of ingredients and (or) inventory from the User.
11. OTHER TERMS
11.1. This agreement is valid for the period of granting access to the User to the materials of the Site.
11.2. In case of sending an application to the Contractor at the email address email@example.com, the User has the right to receive a copy of this Offer on paper with the signature of an authorized person. The User receives a copy of the Offer in person (at the Contractor's office) or by mail (in this case, the User informs the Contractor of the postal address).
11.3. In cases specifically defined by the Offer, the Parties recognize e-mail and communicationthrough the site vk.com in the proper way of notification, transmission of data and other informational messages. In other cases, the documents shall be sent by mail to the addresses of the Parties.
11.4. No correspondence between the Parties and / or their representatives can be the basis for changing the Agreement or terminating it, unless otherwise provided by the Offer.
11.5. The use of the materials of the Site without the consent of the copyright holders is not allowed (Article 1270 of the Civil Code of the Russian Federation). For the legitimate use of the materials of the Site, it is necessary to conclude license agreements (obtain licenses) from the Copyright Holders.
11.6. When citing materials from the Site, including copyrighted works, a link to the Site is obligatory (subparagraph 1 of paragraph 1 of Article 1274 of the Civil Code of the Russian Federation).
11.7. The User agrees that the Site Administration is not responsible and has no direct or indirect obligations to the User in connection with any possible or arising losses or damages associated with any content of the Site, copyright registration and information about such registration, goods or services, available on or received through external sites or resources or other contacts of the User that he entered using the information posted on the Site or links to external resources.
11.8. This Agreement consists of the text of the Agreement and other materials that the Parties will include in this Agreement. Internet pages, the links of which are specified in the Agreement, should be considered as annexes to the Agreement.
11.9. In the event that any of the provisions of this agreement is invalid by law, it will be considered excluded from this agreement, and the remaining provisions of this agreement will remain in force.
11.10. This agreement and its annexes are official documents of the Contractor. The current version of each of these documents is posted on the website http://nataly-school (including all its subdomains) on the Internet.
11.11. The Contractor may periodically change the terms of this agreement and its Annexes, introduce new Annexes to this agreement by publishing notices of such changes on the website at least 7 days before the changes come into force.
11.12. The user bears the burden of checking for changes to this agreement and its annexes on the site.
11.13. Continued use of the services 10 calendar days after the change in the current terms of the contract will be considered as acceptance of the changes and additions made.
11.14. The Contractor is not responsible for notifying or not notifying any third parties of the termination of the contract and for the possible consequences that arose as a result of such a warning or its absence.
11.15. When concluding, executing, terminating, interpreting this agreement, the law of the Russian Federation shall apply.
The user confirms that he is familiar with all the clauses of this agreement and unconditionally accepts them.
12. CONTRACTOR'S DETAILS
Name: LLC "Confectionery Masterpieces"
Legal address: 664038, Irkutsk district, Molodezhny settlement, st. Country 10V
Settlement account: 40702810802500103882
Correspondent account: 30101810845250000999
Name of the bank: POINT OF PJSC BANK "FC OTKRITIE"
* - If the User purchased the Course, which includes a bonus - feedback from the Consultant