Public offer
This agreement is an official offer (public offer) of the self-employed Dmitry Arkadyevich Raikin represented by an online resource dmitryraikin.ru / (the “Contractor”), to conclude with any individual, hereinafter referred to as the “Customer”, a contract for the provision of paid services on the terms defined in the text of the offer. Acceptance of this Offer is carried out by paying the Customer for the services of the service. We ask you to carefully read the text of this offer and the terms of the Agreement, and if you do not agree with their terms or with any one condition, we suggest that you refuse to accept the offer and use the Site.
1. BASIC CONCEPTS For the purposes of the Offer and the Contract, the following terms are used in the following meanings:
1.1. Contract — a service provision agreement concluded between the Contractor and the Customer as a result of the Customer’s Acceptance of the Offer on the terms specified below, and endowing the Contractor and the Customer with the rights and obligations specified in the Contract.
1.2. Offer is an offer by the Contractor, which is considered to be the Contractor’s will to conclude a Contract on the terms specified below with any person who responds. The offer is available at: https://dmitryraikin.ru/legal-terms
1.3. Acceptance of the Offer is the full and unconditional acceptance of the Offer in full by performing the actions specified in clause 2.5 of the Agreement. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of an offer is equivalent to concluding a Contract in writing on the terms set out below.
1.4. The Customer is an individual who has reached the age of 18 and has accepted the Contractor’s offer, thereby concluding a Contract with the Contractor on the terms contained in the Offer.
1.5. Contractor — an online resource https://dmitryraikin.ru/
1.6. The Parties are collectively referred to as the Customer and the Contractor. Contractor’s Website, Website — the Contractor’s website located at: dmitryraikin.ru / representing a set of information, texts, graphic elements, design, images, photo and video materials, other results of intellectual activity, as well as computer programs contained in an information system, access to which is provided via the Internet. The rights to the specified Website, as well as to information, graphics, audio and video materials and other intellectual property results located on it, belong to the Contractor and are protected by the legislation of the Russian Federation.
1.7. Services — the Contractor’s activities related to the provision of training services by providing Customers with access to certain sections of the Contractor’s Website, or with access to the content of the Contractor’s Website, including the provision of Services for conducting courses, webinars remotely in the format of online broadcasts and presentations via the Internet in real time or in records. A description of the Services, their terms and cost are available on the Contractor’s Website: dmitryraikin.ru /
1.8. An order is an assignment for the provision of services that contains all the essential conditions for the provision of Services.
2. GENERAL PROVISIONS
2.1. This offer defines all the essential terms of the contract between the Contractor and the Customer, including the procedure for the provision of the Contractor’s Services.
2.2. The Offer, as well as all information about the Contractor’s Services: the cost, types and terms of Services are published on the Contractor’s Website.
3. SUBJECT OF THE AGREEMENT
3.1. The Contractor undertakes to provide the Customer with the Services selected by him.
3.2. The Customer undertakes to pay for the Services on the terms and in the manner specified in this Agreement.
4. THE PROCEDURE FOR CONCLUDING THE CONTRACT. PAYMENT METHODS FOR SERVICES
4.1. The proper unconditional Acceptance of this Offer in accordance with Article 438 of the Civil Code of the Russian Federation is payment by the Client for the Contractor’s Services on the terms of 100% prepayment.
4.2. The cost of Services and payment methods for Services by the Customer, as well as a description of additional opportunities provided by the Contractor for payment and receipt of Services, are published on the Contractor’s Website. By paying for and/or ordering Services, the Customer expresses full and unconditional agreement with the terms of the Offer in force at the time of payment, part of which are the terms of Service.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES 5.1. The Customer undertakes to:
5.1.1. fully pay for the Services in the order of 100% advance payment before the start of their provision;
5.1.2. to inform the Contractor of the information (including personal data) necessary for the Contractor to provide the Customer with Services and fulfill its other obligations established by the Contract and the current legislation of the Russian Federation.;
5.1.3. independently monitor any updates to the information posted on the Contractor’s Website, including changes to the terms of Service, changes to this Agreement and any other materials that are directly or indirectly related to or affect the provision of the Service. The Customer is deprived of the right to refer to the lack of awareness of these changes if such changes are posted on the Contractor’s Website.;
5.1.4. not to reproduce (copy), distribute, make publicly available, or otherwise use any results of intellectual activity that become available to the Customer during or as a result of the provision of Services.
5.2. The Customer has the right to receive the ordered Service provided it is paid in advance.
5.3. The Contractor undertakes to organize and provide the Service chosen by the Customer with high quality and taking into account the description of the Service chosen by the Customer.
5.4. The Contractor has the right to:
5.4.1. to prevent persons from receiving Services whose data provided at the conclusion of the Contract does not match the data of persons applying for the provision of Services immediately before the start of the provision of Services.;
5.4.2. independently choose the form of Service provision, taking into account the terms of Service provision chosen by the Customer;
5.4.3. to change the description of the Services in whole or in part at any time, subject to the Customer’s prior notification; such changes and additions shall take effect immediately after the relevant notification, which may be sent to the Customer in any form, including, but not limited to, posting the relevant notification on the Contractor’s Website and/or otherwise.
6. SPECIAL CONDITIONS AND RESPONSIBILITIES OF THE PARTIES
6.1. The Customer shall fully compensate the losses caused to the Contractor by the violation of the terms of the Agreement by the Customer or by a third party in whose interests the Contract was concluded by the Customer.
6.2. The Customer is responsible for the completeness and accuracy of the information (including personal data) provided to the Contractor when ordering the Services. In case of changes in the information (including personal data) provided to the Contractor, the Customer is obliged to notify the Contractor of the changes within 10 (ten) calendar days from the date of entry into force of the relevant changes, but no later than 2 (two) days before the start of the provision of Services. The Customer independently and fully bears all risks associated with the Contractor’s lack of up-to-date information (including personal data).
6.3. The Parties are released from liability for non—fulfillment or improper fulfillment of their obligations under the Agreement if they prove that proper fulfillment was impossible due to force majeure circumstances that the parties could not have foreseen and avoided — force majeure circumstances. At the same time, the presence of force majeure circumstances prolongs the period for the Parties to fulfill their obligations under the Agreement until the termination of the relevant force majeure circumstances. If these circumstances are valid for more than 30 (thirty) days, the Parties have the right to unilaterally terminate this Agreement.
6.4. The Customer has the right, after paying for the Services no later than 7 (Seven) days before the start of the provision of Services, to cancel this Agreement and demand a refund of the paid cost of the Services.
6.5. In case of the Customer’s refusal from the Services and from the execution of this Agreement in other terms, the Contractor has the right to deduct the expenses incurred by him for the provision of Services to the Customer.
7. PROCEDURE FOR REVIEWING CLAIMS AND DISPUTES
7.1. The Customer’s claim for non-fulfillment and/or improper fulfillment by the Contractor of its obligations under the Agreement is submitted in paper written form and is subject to registration on the day of its receipt by the Contractor. The claim must be accompanied by the documents necessary for the consideration of the claim, which must contain information about the non-fulfillment or improper fulfillment of the Contractor’s obligations under the Contract.
7.2. If the claim has been found to be justified by the Contractor, the identified deficiencies must be eliminated. The refusal to satisfy the claim must be reasoned. The Customer may be offered the following options:
7.2.1. receive the Service at another time;
7.2.2. get another Service that is equivalent in price;
7.2.3. get a discount on Services;
7.2.4. refund of money paid in the form of advance payment for Services.
7.3. All disputes related directly or indirectly to the Offer and the Contract concluded as a result of the Acceptance of the Offer, the parties resolve through negotiations. If a negotiated settlement of the dispute cannot be reached, all disputes are subject to review in court at the Contractor’s location. Compliance with the claim procedure for dispute resolution by the Customer before applying to the court is mandatory.
8. STORAGE AND PROCESSING OF PERSONAL DATA
8.1. In accordance with Federal Law No. 152-FZ of 27.07.2006 “On Personal Data”, the Customer, as a result of Accepting the Offer, gives the Contractor consent to the collection, storage and processing, including automated, of information related to personal data (hereinafter referred to as “Personal Data”). The Customer or a third party in whose interests the Customer enters into a contract (last name, first name, patronymic, registration address, place of residence, contact phone numbers, email addresses, payment amounts) including collection, systematization, accumulation, storage, clarification (updating, modification), use, dissemination (including transmission), depersonalization, blocking, and destruction of personal data. Personal Data is processed for the purpose of concluding a Contract with the Contractor on the basis of this Offer, any other contracts and their further execution, making settlements with the Customer, as well as for informing the Customer about changes in the terms of Service, the terms of the Offer, about new products and services developed and/or offered by the Contractor and/or its contractors and partners. Upon acceptance of the Offer, the Customer agrees to receive the advertising information.
8.2. The consent given by the Customer regarding the processing of personal data specified in clause 7.1. of the Offer is given to the Contractor before the expiration of the retention period for the relevant information or documents containing the above information, determined in accordance with the legislation of the Russian Federation, after which it may be revoked by sending the Customer a corresponding written notification to the Contractor at least 3 (three) months before the withdrawal of consent. Revocation of consent to the processing of personal data automatically means a unilateral refusal of the Customer’s Services.
9. THE TERM OF THE AGREEMENT. PROCEDURE FOR MODIFICATION AND TERMINATION
9.1. The Agreement comes into force from the moment of Acceptance of this Offer in accordance with the procedure established in clause 4.1 of the Agreement, and is valid for the duration of the provision of Services in terms of obligations to provide Services and for other periods, if such periods are specified in the Offer (for example, with respect to consent to the processing of personal data), or until its termination on the grounds provided for in this Agreement, including in the absence of a technical possibility to provide Services.
9.2. The Customer has the right to terminate the Agreement unilaterally by sending a written notice of termination to the Contractor no later than 7 (Seven) days before the start of the provision of Services.
10. OTHER TERMS
10.1. All claims, communications and offers, as well as any other documents related to this Agreement, with the exception of those specified in clause 8.1. of this Offer, may be sent to the postal and electronic addresses of the Parties, and are appropriate if they allow identification of the sender (for example, contain the name, email address email address, contact details of such person).
10.2. The Parties agreed to apply the rules on a simple electronic signature to the signing of documents constituting the content of electronic correspondence, considering as such a simple electronic signature the mailbox addresses specified in the Contractor’s details and contained in the Customer data specified in the Service order, equating such simple electronic signatures to an analogue of the handwritten signature of the Parties, and documents in electronic form are equivalent to paper documents. The Parties undertake to keep the keys of their electronic signatures confidential.
11. DETAILS OF THE CONTRACTOR
Self-employed Dmitry Arkadyevich Raikin
INN of a physical person. Persons: 780603626609
Account number: 40817810655191450623
Recipient’s Bank: NORTH-WESTERN BANK OF SBERBANK PJSC
BIC: 044030653
Correspondent account: 30101810500000000653
INN: 7707083893
CHECKPOINT: 784243001
Emails are acc