Public Offer Agreement for Information and Consulting Services |
1. General Provisions 1.1. Individual Entrepreneur Malyshok Maria Yuryevna1, hereinafter referred to as the "Contractor", addresses this public offer agreement (hereinafter the "Agreement") to any individual (an indefinite circle of persons), hereinafter the "Customer," whose will is expressed personally or through an authorized representative (Articles 182, 185 of the Civil Code of the Russian Federation), who has expressed readiness to use the Contractor's services. The agreement is addressed to individuals and does not apply to legal entities or individual entrepreneurs. 1.2. The Agreement is the Contractor's official offer to conclude a contract for information and consulting services (hereinafter the "Services") and contains all essential terms of the consulting services contract. 1.3. Acceptance of the Agreement is the payment for the Services in the manner, amount, and terms specified in the Agreement. 1.4. By accepting the Agreement, the Customer guarantees familiarity with, agreement to, and full unconditional acceptance of all terms of the Agreement as stated, including appendices that are integral parts hereof. 1.5. The Customer understands that acceptance per clause 1.3 equals conclusion of the Agreement on the terms set forth herein. 1.6. By accepting the Agreement, the Customer guarantees authority and legal rights to enter contractual relations with the Contractor. 1.7. The Agreement is posted on the Contractor's website: https://businessinworld.ru (hereinafter the "Website"). 1.8. The Contractor may amend terms at any time; changes take effect upon publication on the Website. 1.9. The Agreement requires no seals or signatures by the Customer and the Contractor (hereinafter the "Parties") but retains full legal force. |
2. Subject of the Agreement 2.1. Per the Agreement terms, the Contractor undertakes to provide Services, and the Customer undertakes to pay for the Services. 2.2. Types, names of the Services, topics, the form of Service delivery, terms for providing the Services, and other Service characteristics are specified in the List of Information and Consulting Services (Appendix No. 1), with costs of the Services in the Tariffs for Services (Appendix No. 2). Appendices No. 1 and No. 2 are integral parts of the Agreement. The Customer undertakes to select the necessary Services in accordance with the List of Information and Consulting Services and the Tariffs for Services. 2.3. The Contractor establishes the following admission rules and requirements for the Customer: completing an online questionnaire, and reserves the right to refuse the provision of the Services. 2.4. For the provision of the Services the Contractor has the right to engage sub-contractors (practicing experts, program curators) at its discretion. 2.5. Online Services are provided via the Internet using the Zoom platform for online meetings, other available platforms at the Contractor's discretion, as well as a private group chat in the Telegram messenger. |
3. Acceptance Term, Agreement Term, Service Term 3.1. Acceptance term for the Customer is unlimited. 3.2. The Agreement comes into force upon acceptance and lasts until the Parties have fully fulfilled their obligations. 3.3. The terms for the provision of Services are agreed upon by the Parties in accordance with the List of Information and Consulting Services (Appendix No. 1 to the Agreement). |
4. Rights and Obligations of the Parties 4.1. The Customer undertakes to: 4.1.1. Pay for the Services in the manner, amount, and within the timeframe stipulated by the Agreement. 4.1.2. Properly perform all preparation tasks for the consultations. 4.1.3. Treat the Contractor's intellectual property with care. 4.1.4. Timely provide all necessary documents and information to the Contractor. 4.1.5. Compensate for damage caused to the Contractor's property in accordance with the legislation of the Russian Federation. 4.1.6. Use the information received from the Contractor solely for their own learning; not to make video and/or audio recordings of webinars; and not to distribute any part of the received materials on the Internet or through other channels of information dissemination, regardless of motive. The educational materials used in the process of providing information and consulting services are protected by copyright in accordance with the legislation of the Russian Federation on copyright and related rights. The Customer has no right to modify, publish, transfer to third parties, participate in the sale or assignment, create derivative products, or otherwise use, partially or fully, the content of the educational materials. |
4.2. The Contractor undertakes to: 4.2.1. Organize and ensure the proper provision of the Services in accordance with the List of Information and Consulting Services. 4.2.2. Provide the Customer with the necessary materials. 4.2.3. Use all personal data and other confidential information about the Customer solely for the provision of the Services; not to transfer or disclose to third parties the documentation and information held about the Customer. |
4.3. The Customer has the right to: 4.3.1. Demand from the Contractor the provision of information regarding the organization and assurance of proper Service delivery. 4.3.2. Demand proper and timely provision of the Services by the Contractor. 4.3.3. Refuse to perform the Agreement, provided that the Contractor is paid for the expenses actually incurred by the latter in providing the Services up to the moment of termination of the Agreement. 4.3.4. Contact the Contractor on all issues related to the provision of the Services. |
4.4. The Contractor has the right to: 4.4.1. Determine the forms and methods of providing the Services based on the requirements of the legislation, as well as the specific terms of the Agreement, taking into account the Customer's wishes. 4.4.2. Select experts to provide the Services and distribute the work among them at their own discretion. 4.4.3. Demand payment for services rendered or being rendered. 4.4.4. Refuse to perform the Agreement, provided that the Customer is fully compensated for losses in accordance with the legislation of the Russian Federation, subject to withholding expenses actually incurred up to the moment of termination of the Agreement. 4.4.5. Receive from the Customer any information necessary to fulfill its obligations under the Agreement. In the event of non-provision or incomplete or incorrect provision of information by the Customer, the Contractor has the right to suspend the fulfillment of its obligations under the Agreement until the necessary information is provided. 4.4.6. Provide oral and written consultations to the Customer on additional questions of the Customer. The complexity of the issue, scope, terms, and conditions of the consultation are determined by the Contractor in each specific case and are agreed upon with the Customer. |
5. Service Acceptance Procedure 5.1. Services are deemed properly rendered by the Contractor: 5.1.1. For training programs: after the date of the last session of the program as per Appendix No. 1. 5.1.2. For B2B meeting services: after the completion of the specified number of meetings as per Appendix No. 1. 5.1.3. For business consultations services: after the completion of the consultation meeting stipulated in Appendix No. 1 |
6. Cost of Services 6.1. The total cost of the Services is calculated based on the cost of the Services selected by the Customer from the List of Information and Consulting Services in accordance with the Contractor's Tariffs for Services (Appendix No. 2). |
7. Payment Procedure 7.1. Payment for the Services under the Agreement is made as a 100 (one hundred) percent prepayment before the start of the sessions. 7.2. The Customer has the right to pay for the Services by any of the following methods: - Transfer of funds by the Customer in the currency of the Russian Federation (Ruble) to the Contractor's bank account. The Customer's obligations regarding payment under the Agreement are deemed fulfilled from the date the funds are debited from the Customer's account by the Customer's bank; - Transfer of funds by the Customer using a payment acceptance system chosen by the Contractor. 7.3. Payment for the Services may be made in several installments: through a prepayment and an additional payment. 7.4. The Customer has the right to make payment through an intermediary bank by arranging an installment plan, if this is provided for by the platform ensuring the acceptance and processing of payments. |
8. Liability of the Parties 8.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the legislation of the Russian Federation. |
9. Grounds and Procedure for Termination of the Agreement 9.1. The Agreement may be terminated by agreement of the Parties, as well as unilaterally upon written request of one of the Parties on the grounds provided for by the Agreement and the legislation of the Russian Federation. 9.2. The Customer has the right to terminate the Agreement unilaterally in the following cases: 9.2.1. At any time, provided that the Contractor is paid for the expenses actually incurred by the latter in providing the Services. 9.3. The Contractor has the right to terminate the Agreement unilaterally in the following cases: 9.3.1. Violation by the Customer of the deadlines for payment for the Services or untimely payment by the Customer for the Services under the Agreement for a period exceeding 3 business days. 9.3.2. Repeated (2 or more times) violation by the Customer, through their behavior, of the rights and legitimate interests of other students and the Contractor's employees, or disruption of the Service provision process. |
10. Dispute Resolution 10.1. A mandatory pre-trial claim procedure for dispute resolution arising from the Agreement is required for the Parties. 10.2. Claim letters are sent by the Parties in person or by registered mail with return receipt requested to the location of the Parties, with simultaneous sending of an electronic copy of the document to the email address. 10.3. The period for consideration of a claim letter is 10 business days from the date of its receipt by the addressee. 10.4. Disputes under the Agreement are resolved in court in accordance with the legislation of the Russian Federation. |
11. Force Majeure 11.1. The Parties shall be released from liability for full or partial non-fulfillment of obligations under the Agreement if such non-fulfillment is a consequence of force majeure events, namely: fire, flood, earthquake, strike, war, actions of state authorities, or other circumstances beyond the control of the Parties. 11.2. The Party that cannot fulfill its obligations under the Agreement must promptly, but no later than 3 calendar days after the occurrence of force majeure circumstances, notify the other Party in writing, providing supporting documents issued by competent authorities. 11.3. The Parties acknowledge that the insolvency of a Party is not a force majeure circumstance. |
12. Other Conditions 12.1. The Parties acknowledge that if any provision of the Agreement becomes invalid during its term due to changes in legislation, the remaining provisions of the Agreement shall be binding on the Parties for the term of the Agreement. 12.2. The Agreement is governed by the current legislation of the Russian Federation. 12.3. All possible disputes regarding the Agreement shall be resolved according to the norms of the current legislation of the Russian Federation. 12.4. The Agreement is drawn up in Russian and English. In case of discrepancies, the version of the Agreement drawn up in Russian shall prevail. 12.5. The Parties agree to use the electronic form of written documents in connection with the execution of the Agreement, including invoices, receipts, notices, including the exchange of messages via the Website, messengers, and email. The Parties agree that such exchange of documents is sufficient, the written form is deemed complied with, and documents transmitted in this way shall have the force of originals for the Parties. Legally significant messages which, by law, must be executed in writing not in electronic form, are transmitted in scanned copies by email, with subsequent delivery of the originals on paper. All other legally significant messages are deemed sent in the proper manner if they are sent to the Contractor via the email details and/or via messengers to the support chats indicated on the Website, exclusively from the email address or messenger account "linked" by the Customer to their Account or their phone number. Proper sending of legally significant messages to the Customer is sending the message via the email details and to messenger accounts "linked" to the Customer's Account or their phone number. 12.6. The Customer consents to receive from the Contractor advertising SMS mailings, as well as other types of advertising and marketing mailings and notifications using any means of communication, including but not limited to: email, telephone, postal mailings, messengers, social sites. This consent may be revoked at any time by the Customer by sending a notice in the manner prescribed in clause 12.4 of the Agreement. 12.7. The Customer consents to the Contractor's use of the Customer's feedback on the Services purchased, left by the Customer on social networks, messengers, and the Website, for the purpose of placing such feedback on the Contractor's platform, in informational and advertising materials. This consent is valid from the date of conclusion of the Agreement. This consent may be revoked by the Customer at any time by sending a written request to the Contractor's legal address. 12.8. The Customer consents to the Contractor's publication and further use of the Customer's image in photo and video materials, as well as images captured in individual frames of such video materials, and images captured in any other objects, for the purpose of placing such image on the Contractor's platform, in the Contractor's informational and advertising materials, and for any other purposes related to the Contractor's activities and not contradicting current legislation. This consent is valid from the date of conclusion of the Agreement. This consent may be revoked by the Customer at any time by sending a written request to the Contractor's legal address or a letter to the Contractor's email address. 12.9. The Customer consents to the Contractor transferring their personal data to third parties for the purpose of fulfilling this Agreement, as well as for the purpose of concluding, fulfilling, and terminating service agreements with third parties (including experts engaged for the provision of Services). |
13. Appendices 13.1. No. 1: List of Information and Consulting Services. 13.2. No. 2: Tariffs for Services |
14. Contractor Details Individual Entrepreneur Malyshok Maria Yuryevna INN 773316204680, OGRN 324774600108098, Legal Address: 125481, Moscow, Planernaya St. 14 bldg. 2 apt. 104, Bank Account: 40802810338000415879 PJSC Sberbank BIС 044525225 Correspondent Account: 30101810400000000225 Email: info@businessinworld.ru |