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:
- Document confirming the identity of the Customer;
- Bank details (from which the Services were paid):
- 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 parties6.1. 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 Majeure7.1. 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 property8.1. 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 disputes9.1. 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 provisions10.1. 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