Offer

Offer
(proposal to conclude a contract for a limited number of persons)

Edition from October 1, 2022

1. General provisions

This document is an official offer (hereinafter - Offer) of Gutsaluk Ilya Vladimirovich, INN 662333568415, hereinafter called «Contractor», by placing the present offer for physical, legal entities, as well as individual entrepreneurs, who want to receive or increase their income as a result of the provision of paid consulting services in the field of psychology (hereinafter - the Client) to conclude a Contract for the provision of training services on the course (hereinafter - the Agreement).
You may conclude a contract only with full acceptance of the terms of the Offer. Partial acceptance of the terms of the Offer is not permitted. The Contractor therefore recommends that all the terms of the Offer be read.
Payment in full or in part, if it is stipulated by the conditions specified on the Site, of the cost of services of the Contractor, which it renders in accordance with the terms of the Offer, is possible by pressing a button on the website of the Contractor https:///gutsaliuk.online/main (further - Site of the Contractor, Site), transferring the visitor to the page of payment, or by clicking a direct link to the page of payment. The fact of payment will be considered as proof that the payer has fully and unconditionally accepted the terms of the Offer. After the Contractor receives the payment, both in full and in part, the contract will be considered concluded, the Payer will become the Customer under the contract, and together with the Contractor - will be considered the Parties to the contract.

Paying the cost of services of the Contractor, Customer:

- guarantees the reliability and relevance of the information provided about itself;
- Agrees that it shall be responsible for any consequences arising from the disclosure of inaccurate, irrelevant or incomplete information about itself;
- understands that the information obtained in the provision of services is intended to increase income, profit and business activities of the Customer;
- Agrees that it shall bear its own business risks, including losses arising from its actions to implement tools, use information and methods obtained in the provision of services;
- agrees that in order to receive the services of the Contractor, the Customer will incur additional expenses in the framework of his business activity, including the Customer understands, that, as part of the practical development of information at the Course, he will have to invest his own funds in the amount determined by himself, taking into account the information received at the training;
- guarantees availability of all necessary conditions for obtaining educational services by means of remote technologies.

After payment, the contract is concluded in a simple written form, does not require paperwork and has full legal force.

2. Terms and definitions
Parties agreed to use the following terms and definitions:
2.1. Course Training Services/Services - a range of services, including the following separate, independent services:
providing the Customer with access to a personal account on the Learning Platform;

providing the Customer with access to the teaching materials of the Course located on the Learning Platform or in other ways stipulated by the Agreement;

providing the Customer with access to additional accompanying printed and graphic materials located on the Learning Platform or in other ways stipulated by the Agreement;

2.2. The Customer is the person who has accepted the Offer, who wants to make profit, increase income, carry out business activities.
2.3. Course - a set of successively constructed educational and methodical materials, additional accompanying printed and graphic materials related to the same topic and aimed at the transfer of information to the Customer from the Contractor, including the terms and subject (subject of study) determined by the Tariff, as well as the achievement of the result: the development of information within the framework of the educational program allowing the Customer to take action, aimed at carrying out entrepreneurial activity in the sphere of providing paid counselling services in the sphere of psychology.
2.4. The tariff is an integral part of this agreement, establishing: a set of educational and methodical materials and training services (the content of the Course), the period of rendering services and their cost, determined by the Contractor on the Site.
2.5. Site of the Contractor - a web page in the Internet with all subdomains, which is owned and administered by the Contractor.
2.6. Learning Platform - a web page on the Internet on which the Customer has a personal account and access to teaching materials according to the schedule indicated on the Site.

3. Subject of the contract
3.1. The Contractor undertakes to provide the Customer with reimbursable Training Services on the Course as provided in No. 2.1. The contract, in accordance with the chosen Course and Tariff after the Customer has paid the Contractor’s remuneration, guided by the information in the contract and on the Site/Training Platform https://gutsaliuk.online/main .
3.2. All necessary information about the Services, incl. volume of services, Tariffs, content of the Courses, procedure of rendering services, are placed on the Site and in the text of this agreement. The required information about the Services may be changed by the Contractor’s decision. Changes made by the Contractor in the part of the information about the Services shall not apply to the Services, which were paid by the Customer until the moment of occurrence of changes.
3.3. If the Contractor changes the information about the Services, the Contractor shall notify the Customer of this at the e-mail address specified by him at the registration. By continuing to use the Educational Platform after receiving the appropriate notification, the Customer accepts the new changes.

3.4. Content of the Services
3.4.1. The Contractor shall, after payment, provide the Customer with access to the personal account of the Training Platform, access to the teaching materials of the Course, access to additional accompanying printed and graphic materials of the Course in the amount, form and in accordance with the schedule specified on the Site. Access schedule may be changed by decision of Contractor. The provision and reception of each individual service is separate and does not depend on the provision and acceptance of other services by the Customer.
The obligations of the Contractor regarding the provision of Access Services to the personal cabinet of the Learning Platform are considered fulfilled from the moment of providing access to the personal cabinet of the Learning Platform.
Obligations of the Contractor in providing Services access to additional accompanying printed and graphic materials of the Course, located in the personal account on the Learning Platform, are considered to be completed from the moment of providing access to the first module of the educational program on the Learning Platform, according to the schedule of rendering of the Services.
Obligations of the Contractor in terms of providing Services access to educational and methodical material (lesson) of the Course are considered fulfilled from the moment of providing access to the relevant educational and methodical material (lesson) of the Course. The customer independently determines in what time and in what extent access to each of the Course’s teaching materials will be used.
The transition (opening) to the study of the following educational and methodical material as part of the Course additionally confirms the provision of services in terms of access to the previous educational and methodical material by the Contractor in full and their acceptance by the Customer.

3.4.2. The Contractor shall provide feedback to the Customer free of charge in the form and to the extent provided by the Rate of Course. Feedback is a bonus and is aimed at increasing loyalty from Course participants. Feedback may be provided in the form of verification of the Customer’s homework either in a special chat in the "question-answer" format or in another form provided by the Contractor.
The obligations of the Contractor in providing feedback to the Customer in the form of access to a special chat are considered fulfilled from the moment of providing access to such chat.
Obligations of the Contractor in terms of providing feedback to the Customer in the format of homework verification are considered fulfilled in the appropriate part from the moment of providing feedback on the specific homework.
3.4.3. This contract shall have the force of the act on the provision of services. The acceptance of each Service shall be made without the signing of the corresponding act. The Services shall be considered rendered and accepted by the Customer in full if within 24 hours from the moment of performance of obligations of the Contractor for each of Services the Contractor has not received from the Customer written objections on quality on E-mail. The absence of comments within the time limit is considered to be an acknowledgement of the quality of services.
3.4.4. The customer is fully aware that the result of the training course is entirely dependent on how diligently and conscientiously they will conduct the training, perform the tasks. The Customer is fully aware that under no circumstances can and does not bear responsibility for the results of the Customer’s training on the Course.

3.4.5. Services on conducting webinars, online calls with the participation of the Contractor, on providing access to the special chat of students of the Course, on providing feedback in any format are free of charge and are provided as a bonus at the decision of the Contractor. Also at the end of the term of rendering the Training Services at the Course, the Contractor has the right to provide the Customer with the opportunity to study the Course’s teaching materials during the period specified on the Educational Platform. Such period may be changed by decision of the Contractor. This bonus part is not part of the Service of the Contractor, does not affect the amount of remuneration of the Contractor, is provided voluntarily, at the Contractor’s request.
3.4.6. Distribution of educational and methodical materials, printed, graphic and other materials received from the Contractor, or created in the process of rendering the Service (video fragments, recording of voice, etc.) to third parties without agreement with the Contractor is prohibited. In case of revealing the fact of copying, transfer of access, reproduction, distribution of materials received as a result of rendering of the Services, both in full and in part, without the prior consent of the Contractor, the Customer shall be liable in the form of a fine provided in No. 6.6. Contracts exceeding the amount of damages determined in accordance with the legislation of the Russian Federation.
3.4.7. Upon completion of the training, subject to successful study by the Customer of all teaching materials, completion of homework included in the Course, passing the final certification at the Course, the Contractor shall issue a document to the Customer, confirming the completion of the educational program.
3.5. The lack of conformity of the content of the Course with the expectations of the Customer is not the basis for assessing the quality of the Services.

4. Rights and obligations of the Executive
4.1. The perpetrator must
4.1.1. To provide the Services as appropriate under the terms of the contract.
4.1.2. Provide access data to the personal account of the Customer.
4.1.3. Place the educational materials of the Course on the Educational platform, which provides familiarization with them.
4.1.4. In order to protect the interests of other participants of the Course, aimed at ensuring conditions for the development of the educational program, to close the Customer’s access to the personal account on the Learning Platform, access to the information environment of the Course (Telegram-channel, special chat of Courses students, groups in social networks, access to which can be given to the Customer in connection with the provision of services under the contract) without return of the previously paid remuneration of the Contractor in case of violation of the Customer’s rules, paragraph. 4.3.8. Treaty.
4.1.5. The Contractor is responsible for the storage and processing of personal data of the Customer, ensuring the confidentiality of these data. The procedure for collecting, storing and processing personal data is described in the privacy policy posted on the Site.

4.2. The perpetrator shall have the right:
4.2.1. Request from the Customer additional information required for the performance of obligations.
4.2.2. Suspend the Customer’s access to the materials of the Course, if this is due to technical, technological or other reasons that impede their normal functioning, while eliminating such reasons.
4.2.3. Notify the Customer by any available means of upcoming events and new products.
4.2.4. To use the information about the Customer’s study of the Course materials for marketing purposes, incl. by publishing in any sources of information:

on the Customer’s development of the Course materials
on the fact of using the Course materials by the Customer
photos and videos of the Customer
personal data of the Customer
links to Customer’s social networks

The customer has the right to limit the list of information by sending the appropriate notification to the E-mail.
4.2.5. Involve third parties and use third party services to fulfill the obligations assumed.
4.2.6. In order to protect their intellectual results from illegal dissemination, To close the Client’s access to the Course materials and to the Course participants' chat without refund of the Contractor’s previously paid remuneration in case of establishment of the Customer’s transfer of the Course materials access to third parties, distribution of materials and information by the Customer, The results of the study of the Course materials are payable.
4.2.7. To change the volume of the Services rendered, the cost and the terms of this Offer without prior agreement with the Customer, while ensuring the publication of the amended terms on the Contractor’s website, as well as in the public place available for examination of these documents, not less than 1 (one) Working day prior to implementation.
By continuing to use the Learning Platform after the changes to this Offer take effect, the Customer agrees to the new terms and conditions.
4.3. The customer shall:
4.3.1. Pay for Services of the Contractor in accordance with the terms stipulated by the contract. The cost of the Services of the Contractor in accordance with the Tariff chosen by the Customer is indicated on the Site.
4.3.2. To provide the Contractor with information necessary for the fulfilment of obligations under the Treaty, which includes:

NAME OF THE CUSTOMER
Course name, Tariff name
Pay date
Order number
E-mail address provided when registering on the Site

By entering into this Agreement, providing the specified information, the Customer gives his consent to processing of his personal data under the conditions specified in the Privacy Policy posted on the Site, for the purposes of performing the Object of the Agreement.

4.3.3. Inform the Contractor of all circumstances affecting the fulfilment of Parties' obligations.
4.3.4. In case of change of contact data (name, e-mail address, phone number, etc.) notify the Contractor about the relevant changes by sending a letter to E-mail with the mark "Updating of contact data".
4.3.5. Independently and in a timely manner get acquainted with the conditions of providing access to the Course materials, as well as with changes to the specified conditions at each visit to the Educational Platform after making payment.
4.3.6. Do not distribute (publish, post on the Internet, copy, transfer and resell to third parties) educational materials, nor create on the basis of these materials information products and do not use the materials in other ways, except for their personal use by the Customer. In the event of revealing the fact of improper use of educational materials without the prior consent of the Contractor, the Customer is liable in the form of a fine provided for in paragraph 6.6. of the Agreement, in addition to the amount of damages determined in accordance with the legislation of the Russian Federation.
4.3.7. Do not transfer your right of access (account data) to the training materials of the Course to third parties.
4.3.8. Comply with the rules of conduct established by the Contractor. In the information environment (Telegram-channel, special chat of the Course students, groups in social networks, access to which can be given to the Customer in connection with the provision of services under the contract) in cooperation with the Contractor and other students is prohibited:

use rude and (or) abnormal language;
insult other participants, the Contractor;
to be intolerant of other participants, their opinions and statements;
damage the reputation of the Contractor;
to carry out spam, advertising of third-party projects;
discuss with other participants topics that are not relevant to the Course materials being taught;
to disseminate false information about the Contractor, products of the Contractor, information, defaming honor and business reputation of the Contractor;
discuss with other participants the disputed and conflicting situations that have arisen between the Customer and the Contractor;
to carry out actions that may make it difficult or impossible to conduct quality individual or group activities within the framework of the Course materials;
to obtain unauthorized access to the Course materials;
copy, transfer, sell and distribute the Course materials;
transfer access to the personal account to third parties;
ignore providing feedback to other participants;
create chat rooms, groups, conversations and other types of group communication in messaging/social networks and/or encourage other Customers to join/participate in them.

4.4 The Customer has the right:
To require the Contractor to comply with the terms of the contract.
4.4.2. Send a letter to E-mail about refusal to agree on new terms of the Offer. Such letter shall be sent within 3 days from the date of receipt of the notice of amendment of the terms of the Offer. If the Customer does not agree to the changes of the Offer, then, subject to the availability of technical possibilities, the contract shall be deemed to have been concluded on the previous terms, without any changes. If the Contractor does not have the technical possibility to fulfill its obligations on the previous terms, then the contract is considered terminated, and the remuneration of the Contractor shall be returned according to the rules provided for in section 5 of the Agreement.
4.4.3. To disseminate information about its training on the Course of the Contractor in any available way without detailed indication of methods and approaches proposed by the Contractor.

5. Payment and refund terms
5.1. The cost of the Services of the Contractor to train the Customer on the Course in accordance with the chosen Tariff, as well as the procedure and methods of payment for services are indicated in the relevant section on the Site.
5.2. Services of the Contractor are not subject to VAT in connection with the application of the Contractor’s patent system of taxation.
5.3. Payment of Services of the Contractor is carried out by non-cash way on bank details of the Contractor, specified in the Agreement, if on the Site is not specified other procedure of payment.
5.4. In case of refusal by the Customer of the Services of the Contractor, the refund of the value of the Services shall be made minus the cost of services already rendered by the Contractor at the time of termination of the Agreement, commissions of banking, credit organizations and associated payment systems for the implementation of the return of funds, as well as other actual expenditures of the Contractor.
5.5. Except for cases expressly established by the agreement of the Parties in the event of the Customer’s refusal of the Services after the Contractor has provided access to a personal account on the Training Platform, any of the Course teaching materials, to additional graphic and printed materials of the Course, the money paid for the Service is not returned, as the Service is considered to be provided by the Contractor.
5.6. Calculation of funds to be returned in case of refusal of Services by the Customer is carried out on the basis of the following parameters:
The cost of providing access to a personal account on the Educational Platform, as well as additional graphic and printed materials of the Course, located in a personal account on the Educational Platform, is 30% of the total cost of the Training Services on the Course.

The cost of providing access to the teaching materials of the Course is 70% of the total cost of the Course Training Services. The cost of individual teaching materials (lessons of the Course) included in the Course is calculated by the following formula:

70% of the cost of the Course in accordance with the Customer’s chosen Tariff/ (divided) by the number of teaching materials (Course lessons), provided by the Tariff included in the Course

Services for conducting webinars, online calls with the participation of the Contractor, for providing access to a special chat of students of the Course, for providing feedback in any format are not taken into account in calculating the cost of services to be returned to the Customer, at its refusal of the Services, because they are free and turn out to be a bonus.

The amount of money to be returned is calculated from the value of services not rendered to the Customer, minus agent fees, banking and payment systems.
5.7. The Site may provide a different procedure for refunding money to the Customer in case of his early refusal of the Service (from execution of the contract) based on the features of the Course. In this case, the provisions indicated on the Website of the Contractor shall be applied in priority.
5.8. Refund of the paid funds shall be made by the Contractor on the basis of the Customer’s statement within 10 days from the date of termination of the Contract in accordance with the procedure provided for in paragraph 5.11. of the contract to the settlement account of the Customer from which payment was made.
5.9. Access to the personal account on the Learning Platform, to all teaching and methodological materials of the Course, additional graphic and printed materials of the Course after termination of the Agreement shall be closed no later than 1 (one) business day. The Agreement shall be considered terminated as of the expiry of 30 (30) calendar days from the date of receipt of the notice of termination.

5.10. In order to return the payment or part of the payment, if it is stipulated by the contract, the Customer shall send to the e-mail address of the Contractor: gutsaliuk.i@mail.ru, a signed application in the form of a scan for the return of funds.
An application for the return of funds must contain:

Name

INN;

Registration address;

Document confirming the identity of the Customer;

Bank details (from which the Services were paid):

Name of the payee;

Settlement account;

Bank name;

Correspondent account;

INN Bank;

BIC Bank;

Name of the tariff Services from which the refusal was made;

Date of payment for Services;

E-mail address specified at registration;

Reason for refusal of access (in free form);

Signature of the Employer.

6. Responsibility of the parties
6.1. The parties bear responsibility in accordance with the agreement and the current legislation of the Russian Federation. Liability of the Contractor is limited to the amount of remuneration for the corresponding Rate paid by him.
6.2 If the Contractor fails to perform its obligations due to the Customer’s failure to comply with the terms of the contract, then the Contractor shall be released from liability.
6.3. The Contractor shall not be liable if the Customer fails to use the Services due to incorrect data when registering on the Educational Platform.
6.4. The Contractor shall not be liable for the failure of the Services to meet the Customer’s expectations. The subjective assessment of the Customer may not be the basis for the return of money.
6.5. The Customer is aware that the information obtained during the provision of the Services is only introductory and recommendatory. The Contractor is not responsible for the results of the Customer’s use of the information received.
6.6. In the event of a breach by the Employer of the exclusive rights of the Contractor and a breach of the obligations set out in 4.3.8. Upon request of the Contractor, the Customer shall pay a fine of 500,000 (five hundred thousand) rubles for each case of violation. In addition, the Contractor in such case has the right to unilaterally terminate the contract without compensation to the Customer of the money paid and without sending the appropriate notification. The Contractor has the right to recover damages or compensation, stipulated by the legislation of the Russian Federation, for illegal use of its intellectual property in excess of the amount of the fine.

6.7. The Contractor is not responsible for the quality of communication channels and uninterrupted operation of third-party services, networks, services and information resources, through which the Customer makes acquaintance with the Course materials.
6.8. The Contractor is not responsible for the Customer’s ability to use the distance learning environment. The customer guarantees that he has all necessary conditions for the training in a distance format, which requires a personal computer with software (or a mobile phone with similar functions of the PC), connection to the network "Internet"PC ownership at the user level.
6.9. The customer guarantees that he has the necessary resources to start or scale his business. The Customer also confirms that he has no restrictions to engage in business activities, established by the legislation of the Russian Federation.
6.10. The Customer shall independently monitor the change of the details of the Contractor specified in this Offer and shall be responsible for the correctness of the payments made by him.

7. Force Majeure
7.1. The Parties shall be exempted from liability for full or partial non-performance of the obligations provided for in this Offer if this failure resulted from circumstances of force majeure following the conclusion of the contract, as a result of events of an extraordinary nature which:
have a direct impact on the performance of obligations;
The parties could neither foresee nor prevent reasonable measures.
7.2. Business risks, financial and economic crisis, currency fluctuations, currency devaluation, bankruptcy of the counterparty, seizure or suspension of account transactions cannot be recognized as circumstances of force majeure. The introduction by international and (or) state (municipal) authorities of prohibitive (restrictive) measures, including for mass diseases (epidemics, epizootics, pandemics) can be perceived as a force majeure only if If the failure to fulfill a specific obligation in due time is due to the reason of the measures in question.
7.3. In circumstances of force majeure, the Party invoking these circumstances as grounds for exemption shall notify the other Party in writing within 5 (five) calendar days of the occurrence of the circumstances. Such a notification should include information on the nature of such circumstances and an assessment of their impact on the possibility of fulfilling contractual obligations. Failure to provide such notice or delay in providing it deprives the Party of the right to invoke these circumstances as grounds for exoneration, except in cases where, when force majeure circumstances themselves prevented timely notification.

8. Rights to intellectual property
8.1. Exclusive rights to the Course materials provided to the Customer by the Contractor within the framework of the Services shall be vested in the Contractor.
8.2. The Customer shall have the right to familiarize himself with the Course materials provided within the Services for personal, non-commercial purposes only.
8.3. It is not allowed to copy, transfer to third parties the Course materials, as well as to create information products based on these materials, as well as other violations of the exclusive rights of the Contractor.

9. Settlement of disputes
9.1. The parties shall endeavour to settle disputes through negotiations.
9.2. The parties agreed that the claim (pre-trial) procedure is mandatory in the event of a dispute. In order to identify the sender, the Customer sends a signed scanned copy of the claim and an identity document (for individuals) to the Contractor’s e-mail. The Contractor shall have the right to use the Customer’s e-mail address to submit claims. The review and response period is 15 (fifteen) working days.
9.3. If the Parties have not been able to settle the dispute in a pre-trial procedure, then such dispute shall be considered by the Arbitration Court of the Moscow Region or the Presnensky District Court of Moscow.

10. Final provisions
10.1. The contract is valid until the Parties have fulfilled all obligations.
10.2. If any of the terms of the contract are found to be invalid or unlawful, this shall not override the remaining provisions of the treaty.
10.3. The Contractor shall not accept any conditions and obligations in respect of the subject matter of the contract other than those specified therein.
10.4. The Customer agrees and acknowledges that the amendment of the Offer entails the amendment of the Offer Agreement concluded and in force between the Customer and the Contractor, and these amendments shall enter into force simultaneously with such changes in the Offer.
10.5. Matters not regulated by the contract shall be regulated by the current legislation of the Russian Federation. The Parties recognize that the Law of the Russian Federation of 07.02.1992 2300-1 "On Consumer Rights Protection" does not apply to the legal relations of the Parties, as the Customer’s goal is to train for further business activities and profit.
10.6. The Agreement shall enter into force from the moment of payment by the Customer of the Services and shall be valid until the Parties have fulfilled the obligations assumed.

11. Details of the Contractor
IP Gutsaliuk Ilya Vladimirovich
TIN: 662333568415
OGRNIP: 309662334200094
Bank: JSC "ALFA-BANK"
BIC: 046577964
Kor. Score: 301018101000000964
E-mail: gutsaliuk.i@mail.ru