Public Offer for Paid Educational Services for Children and Adults in Pre-School and Additional Education
City of Moscow As of July 1, 2024
Individual Entrepreneur Mikhailova Irina Yuryevna, TIN: 682966385852, OGRNIP: 323774600606180, hereinafter referred to as “the Contractor”, hereby addresses this Offer (hereinafter referred to as the Agreement, Offer) to an unspecified circle of persons, hereinafter referred to as “the Customer”, whose intent will be expressed personally by them or through an authorized representative (Article 182, 185 of the Civil Code of the Russian Federation), who has expressed their willingness to utilize the services of the Contractor.
1. General Provisions
1.1. This Public Offer constitutes an official proposal by the Contractor for entering into an Agreement for the provision of paid educational services for children and adults in the sphere of pre-school and additional education for children and adults (hereinafter referred to as the Services) and contains all essential terms of the Agreement for the provision of Educational Services.
1.2. The person who accepts this Public Offer acquires all the rights and obligations of the Customer, stipulated by this Agreement, within the framework of the selected package of Services.
1.3. Acceptance of this Public Offer is deemed to occur when the Customer makes full payment for the Services of the Contractor in accordance with the terms of this Agreement. Upon receipt of funds into the Contractor's bank account for the payment of the provided Services, this Agreement shall be deemed concluded between the Customer and the Contractor (hereinafter referred to as the Parties).
1.4. By accepting this Offer, the Customer confirms that they possess the necessary legal capacity and that the provision of Services by the Contractor under this Agreement predominantly remotely using software in the form of electronic Services fully corresponds to the Customer's ability to use the Services provided in this manner.
1.5. The Agreement does not require sealing or signing by the Customer and the Contractor, while retaining its full legal force.
2. Terms and Definitions
In the Agreement, the following terms shall have the following definitions:
2.1. Course: A remote online training course entitled "OSA ART: ONE STEP AHEAD", including providing access to educational materials (lectures, rules, motivation, training, practice), as well as providing feedback in the form of checking homework, organized by the Contractor through remote access via the Internet.
2.2. Customer: Any legally capable individual who has reached the age of 18, who has expressed a desire to receive the Services of the Contractor, accepted the Offer, and paid for the Services under the terms described below.
2.3. Educational Platform (also Platform):
2.3.1. GETCOURSE: A program through which access to the online course materials is provided. The Platform's address is https://getcourse.ru/. The Platform is created using the "GETCOURSE 2.0" program (GETCOURSE) https://getcourse.ru, used by the Contractor on the Licensor's server, LLC "Sistema Getkurs", under the terms of a simple non-exclusive license.
2.4. Training Services (Educational Services, Services):Providing the Customer with access to the educational materials specified in this Agreement, as well as providing the Customer with feedback on the application of these materials.
2.5. Educational Materials: The collection of text, audio and video materials, diagrams, presentations and other documents developed by the Contractor and containing information in accordance with the Course program.
2.6. Website: A collection of information, text, graphic elements, design, images, photos and video materials and other intellectual property results, as well as software, contained in the information system that provides access to such information on the Internet at the following network address: https://osa-art.com/course (hereinafter referred to as the Website).
3. Subject Matter of the Agreement
3.1. Pursuant to the terms of this Agreement, the Contractorundertakes to provide paid services in the field of preschool and supplementary education for children and adults, and the Customer agrees to pay for the Services.
3.2. The types and names of the Services, the list of topics, the format of delivery, the cost, the duration of the Services, and other necessary characteristics of the classes are specified on the Website.
3.3. The Customer shall pay for the Services, and the Contractorshall undertake to perform such Services in accordance with the procedure for providing and the scope of the Services as defined in this Agreement.
3.4. The Services are provided to the Customer personally or to a third party on whose behalf the Customer has entered into this Agreement.
3.5. Access to educational materials (lessons) is provided on a phased basis. The Contractor opens access to a new lesson on the Educational Platform according to the schedule on the Educational Platform.
3.6. The Contractor reserves the right to make changes to the content of the Course program, provided such changes do not substantially alter its content and structure.
3.7. The Course Services include:
3.7.1. Provision of access to 55 (fifty-five) video lessons in various formats (lectures, rules, motivation, training, practice). Access period: 1 (one) year. Renewal of access to educational materials is possible for an additional fee: 100 (one hundred) euros for every 3 (three) months.
3.7.2. Checking homework assignments.
3.8. During the Course, the Contractor analyzes the results of the Customer's independent work, completed upon the Contractor's recommendation, for the purpose of assimilating information received during the provision of Services (homework checking).
3.9. Homework assignments are checked within 1 (one) year from the date of acceptance of the Offer. After the expiration of the term specified in this clause, homework reports are not checked by the Contractor.
3.10. Services are deemed rendered:
3.10.1. With respect to the provision of access to the educational materials of the Course - upon the Contractor's sending a message containing a link to these materials. The materials are considered received if the Customer is granted access to them, regardless of whether the Customer actually opens the materials.
3.10.2. With respect to checking homework assignments - upon the provision of comments on the assignments completed by the Customer. The Service of checking homework assignments is considered fully rendered even if the homework assignments were not submitted for review by the Customer.
3.11. The Parties have agreed that there is no need to sign an act of acceptance of rendered services. The absence of claims from the Customer, submitted in writing to the Contractor within 3 (three) calendar days from the date of completion of the provision of a particular Service, shall be considered confirmation of the complete and unconditional acceptance of the Services in terms of quality and scope.
3.12. Services are provided by the Contractor remotely via the Internet, through software.
3.13. Information about the Services, program, cost, and list of Services, information about the terms of access to the Services, and other information or requirements that must or may be communicated to the Customer in accordance with the Agreement or the requirements of the current legislation of the Russian Federation are considered duly provided to the Customer if such information is published on the Contractor's Website, including being included in the text of this Agreement.
4. Term of Acceptance, Term of Agreement
4.1. The term for the Customer's acceptance is unlimited.
4.2. The Agreement enters into force upon acceptance and remains in effect until the Parties have fulfilled their obligations.
5. Term of Service Delivery
5.1. The terms of delivery of educational Services are specified in Section 3 of this Agreement.
6. Procedure for Providing Services
6.1. Services are provided remotely. The Customer receives access to the Services if they have the technical capability to use that access. Generally, to receive the Services, the Customer must have a PC/Mac computer or a mobile phone with access to the Internet at a speed of at least 256 kbps, with a web browser and Adobe Flash Player installed, as well as the Telegram messenger.
6.2. The provision of Services to the Customer in terms of access to educational materials is possible only upon the creation of an appropriate account on the GetCourse platform (completion of the registration process).
6.3. The Customer is obligated to fully familiarize themselves with the terms of the Offer prior to registering on the GetCourseplatform.
6.4. After payment for the Services, the Contractor sends an email to the Customer's specified email address containing a link, by clicking on which the Customer registers on the GetCourse platform. Account registration is carried out by filling out the registration form on the GetCourse platform. The registration form requires a login (usually a valid email address) and password.
6.5. If access to the GetCourse platform is not granted within the specified timeframe, the Customer is obligated to contact the Contractor at the email address: [specified in the Agreement details], providing a copy of the payment receipt.
6.6. After successful payment and registration of the Customer on the GetCourse platform in accordance with the terms of this Offer, the Contractor assumes the rights and obligations towards the Customer specified in the Offer. The login and password provided by the Customer are the necessary and sufficient information for the Customer to access their personal account.
6.7. The Customer is not entitled to transfer their login and password to third parties and is fully responsible for their security, independently choosing the storage method. Unless proven otherwise by the Customer, any actions performed using their login and password are considered to be performed by the corresponding Customer with all the ensuing consequences.
6.8. In the absence of necessary technical equipment and programs, the Customer is not entitled to refer to ignorance of these requirements, and the Contractor's Services will be considered rendered on time and of proper quality.
7. Rights and Obligations of the Parties
7.1. The Customer undertakes to:
7.1.1. Independently familiarize themselves on the sales Website with information about the terms, program, and conditions for providing the corresponding Service.
7.1.2. Provide accurate information about themselves during the payment for Services and the creation of an account (registration) on the Educational Platform.
7.1.3. Not to reproduce, repeat, copy, sell, or use in any way the information and materials made available to them on the Educational Platform in connection with the provision of Services by the Contractor, except for their personal use based on the provision of a simple non-exclusive license to them.
7.1.4. Maintain their own equipment and communication channels in proper working order, providing them with access to the Educational Platform, and access the Educational Platform under their account simultaneously from only one personal computer. The Contractor is not responsible for the non-provision of Services for reasons beyond the Contractor's control.
7.1.5. Prior to payment, familiarize themselves with all terms of service delivery, including registration requirements, the topic and program of the specified Course, the format and methods of its conduct, methods and terms of payment for participation in the Course, and requirements applicable to the Customer. If the Customer is not fully clear about any conditions of the Course, including the payment procedure, they are obligated to clarify these conditions and, if clarification is impossible, to refuse to participate in the Course.
7.1.6. When using the Educational Platform, not violate the rules of using the Educational Platform.
7.1.7. Independently and timely familiarize themselves with the current version of the Offer on the Contractor's Website.
7.1.8. Independently monitor changes to the Contractor's details specified in this Agreement.
7.1.9. Not allow third parties to use the educational materials of the Course. If the Contractor discovers the use of Course materials by third parties, the Contractor is entitled to restrict the Customer's access to the already paid Course.
7.1.10. The Customer undertakes to strictly and unconditionally comply with the following Rules of Conduct when receiving Services:
• Maintain discipline and generally accepted norms of behavior, in particular, show respect for the Contractor's representatives, the Contractor, and other Customers, and not infringe on their honor and dignity;
• Refrain from aggressive behavior during the provision of Services, not interfere with the Contractor, the Contractor's representative, or other Customers during the provision/receipt of Services;
• Not use information received from the Contractor in ways that may lead or lead to harm to the Contractor's interests;
• Refrain from using profanity, and not use expressions in communication that may offend the Contractor's representative or other Customers;
• Not distribute advertisements and not offer services of third-party resources, their own services, or the services of third parties among other Customers and the Contractor's personnel.
7.2. The Customer has the right to:
7.2.1. Access educational materials, formulate questions that arise during the study of these materials, and receive answers to them.
7.3. The Contractor undertakes to:
5.3.1. Organize and ensure the proper provision of educational services.
5.3.2. Provide the Customer with information on the organization and ensuring the proper performance of obligations under the Agreement.
5.3.3. The Contractor is responsible for the storage and processing of the Customer's personal data, ensuring the confidentiality of this data during processing in accordance with the terms of the Agreement.
7.4. The Contractor has the right to:
7.4.1. Unilaterally, prior to the Customer's payment for the Services, change the cost, list of Services, and terms of this Agreement. The Contractor has the right to modify any software upon discovering substantial malfunctions, errors, and failures, as well as for the purpose of carrying out preventive maintenance and preventing cases of unauthorized access to the Course.
7.4.2. In the event of the Customer's breach of the Agreement, block the Customer's account on the Educational Platform with prior notification by email or without notification.
7.4.3. Establish discounts on their Services.
7.4.4. Not begin the provision of educational Services, as well as suspend the provision of Services that they have actually begun, in cases of the Customer's breach of their obligations under this Agreement, namely: incomplete (improper, untimely) payment, provision of incomplete (inaccurate) information, failure to provide (untimely provision) of registration or other data necessary for the provision of Services.
8. Intellectual Property Rights
8.1. The information accessed pursuant to this Agreement is the intellectual property of the Contractor and is subject to protection in accordance with the legislation of the Russian Federation.
8.2. Copyright, as well as rights related to copyright, belong to the Contractor. Providing the Customer with access to materials during the course of training and the provision of Services does not imply permission to copy, reproduce, modify, create derivative works, or otherwise distribute these materials, both the entire Course and any part thereof. Use of the results of intellectual activity without written consent is a violation of the Contractor's exclusive right, which entails civil, administrative, and criminal liability in accordance with the current legislation of the Russian Federation.
8.3. Violation of the procedure for using the provided materials implies a unilateral refusal by the Contractor to provide the Service and a refusal to participate in other Contractor's training programs, and other liability provided for by the laws of the Russian Federation and this Agreement.
8.4. In the event of the Customer's violation of the provisions of this Agreement relating to the protection of the Contractor's intellectual property, the latter has the right to demand compensation in the amount of 500,000 (five hundred thousand) rubles for each case of violation, as well as compensation for all damages caused.
9. Cost of Services
9.1. The cost of Services is determined by the Contractorunilaterally and is specified on the Contractor's Website.
9.2. The Services provided under this Agreement are paid in the amount of 100% prepayment.
9.3. Payment is possible both in cash and by bank transfer using any of the payment services available on the Website when placing an order or by transferring funds to the Contractor's account.
9.4. The Customer bears the costs, including commissions of payment services, for the transfer of funds by the Customer under this Agreement.
9.5. The moment of payment under this Agreement is considered to be the receipt of funds to the Contractor's bank account.
9.6. All settlements under the Agreement are made in the currency of the Russian Federation - rubles.
9.7. If payment for the Services is made by a third party, particularly a legal entity, the Customer must contact the Contractor directly to conclude a corresponding invoice agreement in hard copy form.
10. Termination of Agreement; Refund of Service Fees
10.1. The Parties may terminate this Agreement by mutual consent at any time prior to its actual performance.
10.2. If the Customer wishes to terminate the Agreement, they must send the Contractor a notice of unilateral termination from the email address provided during payment for the Services to the Contractor's email address: support@osa-art.com. The Agreement is considered terminated upon the Contractor's receipt of the Customer's Notice of Unilateral Termination.
10.3. Upon receipt of a refund request, the Customer's access to the materials will be terminated within one (1) business day of the Contractor's receipt of the request.
10.4. Upon termination of this Agreement, the Customer may receive a refund of the fees paid for the Course, minus the Contractor's actual expenses incurred and the value of the Services actually rendered.
10.5. The Contractor's actual expenses include expenses incurred at the time of receiving the refund request, specifically commissions charged by banks, credit institutions, and relevant payment systems for processing the refund.
The specific amount of actual expenses incurred and Services rendered will be determined by the Contractor on a case-by-case basis based on the specific circumstances of the refund request.
10.6. Refund Process. Upon receiving a refund request for the Course, the Contractor will refund the Customer's funds as follows:
Service
Refund Amount
Provision of access to the Training Platform with lessons
100% of the Course Fee
The cost of one (1) lesson is calculated using the following formula:
S = O - R - D*n1, where:
• S = Amount of refund
• O = Total amount of fees paid for Services
• R = Amount of bank charges incurred by the Contractor
• D = Cost of one (1) lesson
• n1 = Actual number of lessons provided (unlocked)
The cost of one lesson is calculated as follows:
D = O / n2, where:
n2 = Total number of lessons
10.7 The Customer must attach a copy of their passport and bank account or card details used for payment to the refund request in order to facilitate the transfer of funds.
10.8 If the Contractor has granted full access to the Course, a refund will not be issued due to the provision of the service.
10.9 Funds will be returned to the Customer's original payment account or by another mutually agreed upon method within ten (10) calendar days of receiving the refund request. The obligation to return the funds is considered fulfilled upon transfer of the funds to the Customer's account.
11. Liability of the Parties
11.1. If the Customer, for reasons beyond the Contractor's control, does not utilize their right to participate in or access the Services, the Contractor's obligations are considered to have been duly fulfilled in scope and timeframe, and the funds paid to the Contractor are non-refundable.
11.2 The Contractor is not liable for the inability to provide Services to the Customer due to reasons beyond the Contractor's control, namely: internet disruptions, malfunctioning equipment or software on the Customer's side, email delivery service malfunctions, including emails from the Contractor being classified as "Spam," and the cessation of operation of the Platform where access to training materials is provided. In such cases, the Services are considered to have been properly rendered and are subject to full payment.
11.3 The Customer is solely responsible for making decisions based on all information provided by the Contractor. The Contractor is not liable for the Customer's failure to achieve a desired outcome or achieving an outcome below their expectations, as the success of the Customer's use of acquired knowledge, skills, and abilities depends on many factors known and unknown to the Contractor, including the Customer's individual qualities and personal characteristics. Both parties acknowledge this. By accepting the terms of this Agreement, the Customer assumes all risks associated with using the skills and knowledge acquired, as well as with the information obtained during the provision of Services.
12. Force Majeure
12.1. The Parties are relieved of liability for partial or complete non-performance of their obligations under this Agreement if performance is hindered by an extraordinary and unavoidable circumstance (force majeure), as defined by the current legislation of the Russian Federation. In such a case, the Service provision timeframe will be extended proportionally to the period during which such circumstances prevailed.
12.2. Continued Force Majeure. If the circumstances mentioned in Clause 12.1 of this Agreement continue for more than thirty (30) calendar days, each Party has the right to terminate their obligations under the Agreement by written notification to the other Party ten (10) calendar days in advance.
13. Dispute Resolution
13.1. In case of non-performance or improper performance of obligations under this Agreement, the Party whose rights are violated shall send a written claim (demand) to the other Party.
13.2. The Party receiving the claim from the other Party is obligated to fulfill the requirements stated in the claim within ten (10) calendar days of receiving the claim or to send a reasoned refusal.
13.3. Notifications, claims, requests, statements, messages, and other official materials shall be exchanged between the Parties as follows:
13.3.1. From the Contractor to the Customer: By sending to the email address provided by the Customer during payment for the Services.
13.3.2. From the Customer to the Contractor: In written form by sending the claim to the Contractor's email address: support@osa-art.com.
13.4 Written communications sent by the Customer must be signed by the Customer and, if the Customer has a seal, must be sealed. Written communications not signed by the Customer will not be accepted by the Contractor for consideration.
13.5 In the event of no response within the specified timeframe or disagreement with the response, the interested Party may file a lawsuit with the court at the location of the Contractor's registration.
14. Other Terms
14.1. The Customer may not assign their rights and obligations under this Agreement without the Contractor’s prior consent.
14.2. The Parties agree to exchange messages (including legally significant ones) by electronic mail. Correspondence between the Parties or their representatives may be used as evidence.
14.3. The Parties agree that electronic photocopies of signed documents sent within the framework of this Agreement are equivalent to documents executed on paper and signed with a personal signature.
14.4. In all matters not covered by this Agreement, the Parties shall be guided by the applicable legislation of the Russian Federation.
15. Contractor's Bank Details
Individual Entrepreneur Mikhailova Irina Yuryevna
TIN: 682966385852
OGRNIP: 323774600606180
Current Account: 40802810520000112445
Correspondent Account: 30101810745374525104
Bank Name: LLC "Bank Tochka"
BIC: 044525104
Email Address: support@osa-art.com
Публичная оферта
City of Moscow As of July 1, 2024
Individual Entrepreneur Mikhailova Irina Yuryevna, TIN: 682966385852, OGRNIP: 323774600606180, hereinafter referred to as “the Contractor”, hereby addresses this Offer (hereinafter referred to as the Agreement, Offer) to an unspecified circle of persons, hereinafter referred to as “the Customer”, whose intent will be expressed personally by them or through an authorized representative (Article 182, 185 of the Civil Code of the Russian Federation), who has expressed their willingness to utilize the services of the Contractor.
1. General Provisions
1.1. This Public Offer constitutes an official proposal by the Contractor for entering into an Agreement for the provision of paid educational services for children and adults in the sphere of pre-school and additional education for children and adults (hereinafter referred to as the Services) and contains all essential terms of the Agreement for the provision of Educational Services.
1.2. The person who accepts this Public Offer acquires all the rights and obligations of the Customer, stipulated by this Agreement, within the framework of the selected package of Services.
1.3. Acceptance of this Public Offer is deemed to occur when the Customer makes full payment for the Services of the Contractor in accordance with the terms of this Agreement. Upon receipt of funds into the Contractor's bank account for the payment of the provided Services, this Agreement shall be deemed concluded between the Customer and the Contractor (hereinafter referred to as the Parties).
1.4. By accepting this Offer, the Customer confirms that they possess the necessary legal capacity and that the provision of Services by the Contractor under this Agreement predominantly remotely using software in the form of electronic Services fully corresponds to the Customer's ability to use the Services provided in this manner.
1.5. The Agreement does not require sealing or signing by the Customer and the Contractor, while retaining its full legal force.
2. Terms and Definitions
In the Agreement, the following terms shall have the following definitions:
2.1. Course: A remote online training course entitled "OSA ART: ONE STEP AHEAD", including providing access to educational materials (lectures, rules, motivation, training, practice), as well as providing feedback in the form of checking homework, organized by the Contractor through remote access via the Internet.
2.2. Customer: Any legally capable individual who has reached the age of 18, who has expressed a desire to receive the Services of the Contractor, accepted the Offer, and paid for the Services under the terms described below.
2.3. Educational Platform (also Platform):
2.3.1. GETCOURSE: A program through which access to the online course materials is provided. The Platform's address is https://getcourse.ru/. The Platform is created using the "GETCOURSE 2.0" program (GETCOURSE) https://getcourse.ru, used by the Contractor on the Licensor's server, LLC "Sistema Getkurs", under the terms of a simple non-exclusive license.
2.4. Training Services (Educational Services, Services):Providing the Customer with access to the educational materials specified in this Agreement, as well as providing the Customer with feedback on the application of these materials.
2.5. Educational Materials: The collection of text, audio and video materials, diagrams, presentations and other documents developed by the Contractor and containing information in accordance with the Course program.
2.6. Website: A collection of information, text, graphic elements, design, images, photos and video materials and other intellectual property results, as well as software, contained in the information system that provides access to such information on the Internet at the following network address: https://osa-art.com/course (hereinafter referred to as the Website).
3. Subject Matter of the Agreement
3.1. Pursuant to the terms of this Agreement, the Contractorundertakes to provide paid services in the field of preschool and supplementary education for children and adults, and the Customer agrees to pay for the Services.
3.2. The types and names of the Services, the list of topics, the format of delivery, the cost, the duration of the Services, and other necessary characteristics of the classes are specified on the Website.
3.3. The Customer shall pay for the Services, and the Contractorshall undertake to perform such Services in accordance with the procedure for providing and the scope of the Services as defined in this Agreement.
3.4. The Services are provided to the Customer personally or to a third party on whose behalf the Customer has entered into this Agreement.
3.5. Access to educational materials (lessons) is provided on a phased basis. The Contractor opens access to a new lesson on the Educational Platform according to the schedule on the Educational Platform.
3.6. The Contractor reserves the right to make changes to the content of the Course program, provided such changes do not substantially alter its content and structure.
3.7. The Course Services include:
3.7.1. Provision of access to 55 (fifty-five) video lessons in various formats (lectures, rules, motivation, training, practice). Access period: 1 (one) year. Renewal of access to educational materials is possible for an additional fee: 100 (one hundred) euros for every 3 (three) months.
3.7.2. Checking homework assignments.
3.8. During the Course, the Contractor analyzes the results of the Customer's independent work, completed upon the Contractor's recommendation, for the purpose of assimilating information received during the provision of Services (homework checking).
3.9. Homework assignments are checked within 1 (one) year from the date of acceptance of the Offer. After the expiration of the term specified in this clause, homework reports are not checked by the Contractor.
3.10. Services are deemed rendered:
3.10.1. With respect to the provision of access to the educational materials of the Course - upon the Contractor's sending a message containing a link to these materials. The materials are considered received if the Customer is granted access to them, regardless of whether the Customer actually opens the materials.
3.10.2. With respect to checking homework assignments - upon the provision of comments on the assignments completed by the Customer. The Service of checking homework assignments is considered fully rendered even if the homework assignments were not submitted for review by the Customer.
3.11. The Parties have agreed that there is no need to sign an act of acceptance of rendered services. The absence of claims from the Customer, submitted in writing to the Contractor within 3 (three) calendar days from the date of completion of the provision of a particular Service, shall be considered confirmation of the complete and unconditional acceptance of the Services in terms of quality and scope.
3.12. Services are provided by the Contractor remotely via the Internet, through software.
3.13. Information about the Services, program, cost, and list of Services, information about the terms of access to the Services, and other information or requirements that must or may be communicated to the Customer in accordance with the Agreement or the requirements of the current legislation of the Russian Federation are considered duly provided to the Customer if such information is published on the Contractor's Website, including being included in the text of this Agreement.
4. Term of Acceptance, Term of Agreement
4.1. The term for the Customer's acceptance is unlimited.
4.2. The Agreement enters into force upon acceptance and remains in effect until the Parties have fulfilled their obligations.
5. Term of Service Delivery
5.1. The terms of delivery of educational Services are specified in Section 3 of this Agreement.
6. Procedure for Providing Services
6.1. Services are provided remotely. The Customer receives access to the Services if they have the technical capability to use that access. Generally, to receive the Services, the Customer must have a PC/Mac computer or a mobile phone with access to the Internet at a speed of at least 256 kbps, with a web browser and Adobe Flash Player installed, as well as the Telegram messenger.
6.2. The provision of Services to the Customer in terms of access to educational materials is possible only upon the creation of an appropriate account on the GetCourse platform (completion of the registration process).
6.3. The Customer is obligated to fully familiarize themselves with the terms of the Offer prior to registering on the GetCourseplatform.
6.4. After payment for the Services, the Contractor sends an email to the Customer's specified email address containing a link, by clicking on which the Customer registers on the GetCourse platform. Account registration is carried out by filling out the registration form on the GetCourse platform. The registration form requires a login (usually a valid email address) and password.
6.5. If access to the GetCourse platform is not granted within the specified timeframe, the Customer is obligated to contact the Contractor at the email address: [specified in the Agreement details], providing a copy of the payment receipt.
6.6. After successful payment and registration of the Customer on the GetCourse platform in accordance with the terms of this Offer, the Contractor assumes the rights and obligations towards the Customer specified in the Offer. The login and password provided by the Customer are the necessary and sufficient information for the Customer to access their personal account.
6.7. The Customer is not entitled to transfer their login and password to third parties and is fully responsible for their security, independently choosing the storage method. Unless proven otherwise by the Customer, any actions performed using their login and password are considered to be performed by the corresponding Customer with all the ensuing consequences.
6.8. In the absence of necessary technical equipment and programs, the Customer is not entitled to refer to ignorance of these requirements, and the Contractor's Services will be considered rendered on time and of proper quality.
7. Rights and Obligations of the Parties
7.1. The Customer undertakes to:
7.1.1. Independently familiarize themselves on the sales Website with information about the terms, program, and conditions for providing the corresponding Service.
7.1.2. Provide accurate information about themselves during the payment for Services and the creation of an account (registration) on the Educational Platform.
7.1.3. Not to reproduce, repeat, copy, sell, or use in any way the information and materials made available to them on the Educational Platform in connection with the provision of Services by the Contractor, except for their personal use based on the provision of a simple non-exclusive license to them.
7.1.4. Maintain their own equipment and communication channels in proper working order, providing them with access to the Educational Platform, and access the Educational Platform under their account simultaneously from only one personal computer. The Contractor is not responsible for the non-provision of Services for reasons beyond the Contractor's control.
7.1.5. Prior to payment, familiarize themselves with all terms of service delivery, including registration requirements, the topic and program of the specified Course, the format and methods of its conduct, methods and terms of payment for participation in the Course, and requirements applicable to the Customer. If the Customer is not fully clear about any conditions of the Course, including the payment procedure, they are obligated to clarify these conditions and, if clarification is impossible, to refuse to participate in the Course.
7.1.6. When using the Educational Platform, not violate the rules of using the Educational Platform.
7.1.7. Independently and timely familiarize themselves with the current version of the Offer on the Contractor's Website.
7.1.8. Independently monitor changes to the Contractor's details specified in this Agreement.
7.1.9. Not allow third parties to use the educational materials of the Course. If the Contractor discovers the use of Course materials by third parties, the Contractor is entitled to restrict the Customer's access to the already paid Course.
7.1.10. The Customer undertakes to strictly and unconditionally comply with the following Rules of Conduct when receiving Services:
• Maintain discipline and generally accepted norms of behavior, in particular, show respect for the Contractor's representatives, the Contractor, and other Customers, and not infringe on their honor and dignity;
• Refrain from aggressive behavior during the provision of Services, not interfere with the Contractor, the Contractor's representative, or other Customers during the provision/receipt of Services;
• Not use information received from the Contractor in ways that may lead or lead to harm to the Contractor's interests;
• Refrain from using profanity, and not use expressions in communication that may offend the Contractor's representative or other Customers;
• Not distribute advertisements and not offer services of third-party resources, their own services, or the services of third parties among other Customers and the Contractor's personnel.
7.2. The Customer has the right to:
7.2.1. Access educational materials, formulate questions that arise during the study of these materials, and receive answers to them.
7.3. The Contractor undertakes to:
5.3.1. Organize and ensure the proper provision of educational services.
5.3.2. Provide the Customer with information on the organization and ensuring the proper performance of obligations under the Agreement.
5.3.3. The Contractor is responsible for the storage and processing of the Customer's personal data, ensuring the confidentiality of this data during processing in accordance with the terms of the Agreement.
7.4. The Contractor has the right to:
7.4.1. Unilaterally, prior to the Customer's payment for the Services, change the cost, list of Services, and terms of this Agreement. The Contractor has the right to modify any software upon discovering substantial malfunctions, errors, and failures, as well as for the purpose of carrying out preventive maintenance and preventing cases of unauthorized access to the Course.
7.4.2. In the event of the Customer's breach of the Agreement, block the Customer's account on the Educational Platform with prior notification by email or without notification.
7.4.3. Establish discounts on their Services.
7.4.4. Not begin the provision of educational Services, as well as suspend the provision of Services that they have actually begun, in cases of the Customer's breach of their obligations under this Agreement, namely: incomplete (improper, untimely) payment, provision of incomplete (inaccurate) information, failure to provide (untimely provision) of registration or other data necessary for the provision of Services.
8. Intellectual Property Rights
8.1. The information accessed pursuant to this Agreement is the intellectual property of the Contractor and is subject to protection in accordance with the legislation of the Russian Federation.
8.2. Copyright, as well as rights related to copyright, belong to the Contractor. Providing the Customer with access to materials during the course of training and the provision of Services does not imply permission to copy, reproduce, modify, create derivative works, or otherwise distribute these materials, both the entire Course and any part thereof. Use of the results of intellectual activity without written consent is a violation of the Contractor's exclusive right, which entails civil, administrative, and criminal liability in accordance with the current legislation of the Russian Federation.
8.3. Violation of the procedure for using the provided materials implies a unilateral refusal by the Contractor to provide the Service and a refusal to participate in other Contractor's training programs, and other liability provided for by the laws of the Russian Federation and this Agreement.
8.4. In the event of the Customer's violation of the provisions of this Agreement relating to the protection of the Contractor's intellectual property, the latter has the right to demand compensation in the amount of 500,000 (five hundred thousand) rubles for each case of violation, as well as compensation for all damages caused.
9. Cost of Services
9.1. The cost of Services is determined by the Contractorunilaterally and is specified on the Contractor's Website.
9.2. The Services provided under this Agreement are paid in the amount of 100% prepayment.
9.3. Payment is possible both in cash and by bank transfer using any of the payment services available on the Website when placing an order or by transferring funds to the Contractor's account.
9.4. The Customer bears the costs, including commissions of payment services, for the transfer of funds by the Customer under this Agreement.
9.5. The moment of payment under this Agreement is considered to be the receipt of funds to the Contractor's bank account.
9.6. All settlements under the Agreement are made in the currency of the Russian Federation - rubles.
9.7. If payment for the Services is made by a third party, particularly a legal entity, the Customer must contact the Contractor directly to conclude a corresponding invoice agreement in hard copy form.
10. Termination of Agreement; Refund of Service Fees
10.1. The Parties may terminate this Agreement by mutual consent at any time prior to its actual performance.
10.2. If the Customer wishes to terminate the Agreement, they must send the Contractor a notice of unilateral termination from the email address provided during payment for the Services to the Contractor's email address: support@osa-art.com. The Agreement is considered terminated upon the Contractor's receipt of the Customer's Notice of Unilateral Termination.
10.3. Upon receipt of a refund request, the Customer's access to the materials will be terminated within one (1) business day of the Contractor's receipt of the request.
10.4. Upon termination of this Agreement, the Customer may receive a refund of the fees paid for the Course, minus the Contractor's actual expenses incurred and the value of the Services actually rendered.
10.5. The Contractor's actual expenses include expenses incurred at the time of receiving the refund request, specifically commissions charged by banks, credit institutions, and relevant payment systems for processing the refund.
The specific amount of actual expenses incurred and Services rendered will be determined by the Contractor on a case-by-case basis based on the specific circumstances of the refund request.
10.6. Refund Process. Upon receiving a refund request for the Course, the Contractor will refund the Customer's funds as follows:
Service
Refund Amount
Provision of access to the Training Platform with lessons
100% of the Course Fee
The cost of one (1) lesson is calculated using the following formula:
S = O - R - D*n1, where:
• S = Amount of refund
• O = Total amount of fees paid for Services
• R = Amount of bank charges incurred by the Contractor
• D = Cost of one (1) lesson
• n1 = Actual number of lessons provided (unlocked)
The cost of one lesson is calculated as follows:
D = O / n2, where:
n2 = Total number of lessons
10.7 The Customer must attach a copy of their passport and bank account or card details used for payment to the refund request in order to facilitate the transfer of funds.
10.8 If the Contractor has granted full access to the Course, a refund will not be issued due to the provision of the service.
10.9 Funds will be returned to the Customer's original payment account or by another mutually agreed upon method within ten (10) calendar days of receiving the refund request. The obligation to return the funds is considered fulfilled upon transfer of the funds to the Customer's account.
11. Liability of the Parties
11.1. If the Customer, for reasons beyond the Contractor's control, does not utilize their right to participate in or access the Services, the Contractor's obligations are considered to have been duly fulfilled in scope and timeframe, and the funds paid to the Contractor are non-refundable.
11.2 The Contractor is not liable for the inability to provide Services to the Customer due to reasons beyond the Contractor's control, namely: internet disruptions, malfunctioning equipment or software on the Customer's side, email delivery service malfunctions, including emails from the Contractor being classified as "Spam," and the cessation of operation of the Platform where access to training materials is provided. In such cases, the Services are considered to have been properly rendered and are subject to full payment.
11.3 The Customer is solely responsible for making decisions based on all information provided by the Contractor. The Contractor is not liable for the Customer's failure to achieve a desired outcome or achieving an outcome below their expectations, as the success of the Customer's use of acquired knowledge, skills, and abilities depends on many factors known and unknown to the Contractor, including the Customer's individual qualities and personal characteristics. Both parties acknowledge this. By accepting the terms of this Agreement, the Customer assumes all risks associated with using the skills and knowledge acquired, as well as with the information obtained during the provision of Services.
12. Force Majeure
12.1. The Parties are relieved of liability for partial or complete non-performance of their obligations under this Agreement if performance is hindered by an extraordinary and unavoidable circumstance (force majeure), as defined by the current legislation of the Russian Federation. In such a case, the Service provision timeframe will be extended proportionally to the period during which such circumstances prevailed.
12.2. Continued Force Majeure. If the circumstances mentioned in Clause 12.1 of this Agreement continue for more than thirty (30) calendar days, each Party has the right to terminate their obligations under the Agreement by written notification to the other Party ten (10) calendar days in advance.
13. Dispute Resolution
13.1. In case of non-performance or improper performance of obligations under this Agreement, the Party whose rights are violated shall send a written claim (demand) to the other Party.
13.2. The Party receiving the claim from the other Party is obligated to fulfill the requirements stated in the claim within ten (10) calendar days of receiving the claim or to send a reasoned refusal.
13.3. Notifications, claims, requests, statements, messages, and other official materials shall be exchanged between the Parties as follows:
13.3.1. From the Contractor to the Customer: By sending to the email address provided by the Customer during payment for the Services.
13.3.2. From the Customer to the Contractor: In written form by sending the claim to the Contractor's email address: support@osa-art.com.
13.4 Written communications sent by the Customer must be signed by the Customer and, if the Customer has a seal, must be sealed. Written communications not signed by the Customer will not be accepted by the Contractor for consideration.
13.5 In the event of no response within the specified timeframe or disagreement with the response, the interested Party may file a lawsuit with the court at the location of the Contractor's registration.
14. Other Terms
14.1. The Customer may not assign their rights and obligations under this Agreement without the Contractor’s prior consent.
14.2. The Parties agree to exchange messages (including legally significant ones) by electronic mail. Correspondence between the Parties or their representatives may be used as evidence.
14.3. The Parties agree that electronic photocopies of signed documents sent within the framework of this Agreement are equivalent to documents executed on paper and signed with a personal signature.
14.4. In all matters not covered by this Agreement, the Parties shall be guided by the applicable legislation of the Russian Federation.
15. Contractor's Bank Details
Individual Entrepreneur Mikhailova Irina Yuryevna
TIN: 682966385852
OGRNIP: 323774600606180
Current Account: 40802810520000112445
Correspondent Account: 30101810745374525104
Bank Name: LLC "Bank Tochka"
BIC: 044525104
Email Address: support@osa-art.com