OFFER AGREEMENT
OF INFORMATION AND CONSULTING SERVICES
Individual entrepreneur Petrov Ilya Igorevich, ITN 590775615294: 1 (hereinafter - the Contractor), this public offer offers to any natural or legal person, as well as individual entrepreneur (hereinafter - the Customer) to conclude the Agreement-offer for information and consulting services (hereinafter - the Agreement).
In accordance with paragraph 2 of Article 437 of the Russian Federation Civil Code (RF Civil Code) in case of acceptance of the conditions stated below and payment for the services, the person accepting this offer shall become a Customer (in accordance with paragraph 3 of Article 438 of the RF Civil Code acceptance of the offer is tantamount to concluding an agreement in terms stated in the offer).
In connection with the abovementioned, read carefully the text of this Agreement and if you do not agree with any point of the Agreement, the Contractor offers you to refuse any actions necessary for the acceptance or to conclude a personal contract on terms discussed separately with the Contractor.
Full and unconditional acceptance of this offer shall be the Customer's payment for the Services offered by the Executor. Concerning the Services offered by the Executor under the actions (special offers if any) with the conditions of payment in installments, full and unconditional acceptance of the present offer shall be the payment by the Customer of the first installment of the agreed by parties amount.
1. TERMS OF THE PUBLIC OFFER
In this offer, unless the context requires otherwise, the following terms have the following meanings:
● "Offer" - a public offer by the Contractor, addressed to any individual or legal entity or individual entrepreneur (the Customer) to enter into an agreement with him on the terms and conditions set forth in this Offer, as well as on the basis of familiarity with the other rules of the platform presented on the website https://iluhamaxx.com
● "Acceptance" - full and unconditional acceptance by the Customer of the terms and conditions of the Offer. Payment by the Customer of the selected format of access to the platform courses, drawn up on the website https://iluhamaxx.com means the Customer's consent to the terms and conditions of this Offer.
● "Site" - a set of data available for viewing on the Internet at the domain https://iluhamaxx.com.
● "Contractor" - individual entrepreneur Petrov Ilya Igorevich, duly registered in the Russian Federation, who sells information services via the Internet.
● "Customer" - a person who entered into an agreement with the Contractor under the terms of the Offer, for the Contractor's paid information and advisory services by holding a course in the form of online video broadcasting on the Internet through the provision of special access, or in the form of online broadcasting on the Internet in real time.
2. GENERAL PROVISIONS
2.1 The subject of this Agreement is paid provision by the Contractor of information and consulting services by holding the Course in the form of online broadcasting of video recordings on the Internet through the provision of special access (hereinafter - the Course) or in the form of online broadcasting on the Internet in real time (hereinafter - Webinar), (hereinafter together - Services), in the manner and within the time specified in this Agreement.
2.2 Course - author training program of the Contractor, or third parties who have transferred the exclusive rights to the program to the Contractor, which consists of a series of training lectures, personal consultations, master classes, tutorials.
2.3 The cost, list, content, terms, place and order of rendering the Services are indicated on the Executor's site https://iluhamaxx.com its sub-domains (hereinafter - Site). Provision of services for each subsequent Course is carried out on the basis of this Agreement-offer at the first acceptance of the Agreement-offer, the Customer accepts the Agreement for a certain period in accordance with the chosen access format.
2.4 The conditions of Services can also be reported to the Customer by the Executor representatives by sending an appropriate notification to the contact e-mail, personal account on the Website and / or by sending an SMS message to the Customer contact phone number, and the Customer is obliged to check the receipt of notification coming from the Executor independently and in advance.
3. CONDITIONS AND PROCEDURE OF SERVICES RENDERING
3.1 Conclusion of the Customer to this Agreement is carried out by the following actions (acceptance of the public offer):
3.1.1. Registration of the Customer in the Platform on the Internet at https://iluhamaxx.com. To register, the Customer must provide the following data:
- name, surname;
- contact phone number;
- contact e-mail.
3.1.2 Providing by the Executor access to the Customer's personal account in the Platform on the Internet at https://iluhamaxx.com.
3.1.3 The Executor provides the Customer with information about the types, content, cost, and payment procedure for access to the Platform Courses through the personal office in the Platform.
3.1.4 When the Customer makes a payment for any of the accesses to the Courses in the personal area of the Platform, the Customer confirms the full and unconditional acceptance of the terms and conditions of this Offer.
3.2 Payment for access is made in the following order:
3.2.1 The Customer shall pay for services under this Agreement in the amount established by the Contractor and recorded in the personal cabinet of the Platform.
3.2.2 The payment is made in the amount of 100% prepayment for access to the courses of the Educational Platform. A different payment procedure is possible in accordance with the terms of the shares (special offer), as well as in cases additionally agreed with the Contractor.
3.2.3 If the payment for the course includes an advance payment, the Customer shall pay the amount of the advance payment specified and fixed in the personal account of the Platform, after which the Executor provides the Customer with access to the preparatory materials of the Course. After the payment of the relevant Course in full, the Contractor provides the Customer with full access to the materials of the Course.
3.2.3.1. If the Customer refuses to pay for the relevant Course in full, the Executor has the right not to return the prepayment for the Course chosen by the Customer, as the paid funds are used to cover the losses of the Executor, and are also regarded as a penalty of the Customer for breach of the Contract.
3.2.3 Payment for the services of the Contractor is made in one of the following ways:
- by means of electronic payment;
- By payment through payment terminals or Internet banking;
- by paying to the operating account of the Contractor;
- in other ways as previously agreed with the Contractor.
In case of making payment by a bank card, the Customer is recommended to use a bank card issued in the name of the Customer. In case of refund of paid funds, the refund shall be made under the same details by which the payment was received, and on the basis of a personal application of the person in whose name the bank card was issued.
3.2.4 The date of payment shall be the date of crediting funds to the Executor's current account.
3.2.5 Contractor applies a simplified and patent system of taxation and is not a VAT payer in accordance with Clause 3 of Article 346.11 and Clause 11 of Article 346.43 of the Tax Code of the Russian Federation.
3.3 The Service is considered to be rendered by the Executor from the moment of providing access to the paid online courses or webinars to the Customer through the personal account in the Platform.
3.4 If within 3 (three) days after rendering services under this Agreement the Customer does not give a reasoned refusal to accept the services, services are considered to be automatically accepted by the Customer without any remarks.
3.5. In case of non-payment (incomplete payment) of Services cost in due time, in case of untimely submission of data for registration or in case of indication of false data during registration of application this Agreement shall not be considered as concluded. Conditions of this paragraph do not apply to payment for Services offered by Executor and paid by Customer under the conditions of action (special offer) conducted by Executor. 3.6.
3.6. Agreement is considered to be concluded and comes into force for Parties from the moment of payment for services by Customer.
3.7. Accepting the terms and conditions of the Agreement, the Customer gives consent in accordance with applicable law to the processing (hereinafter PD processing) of the information provided by him and (or) his personal data by the Executor. Processing of personal data shall be carried out with or without use of automation means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), anonymization, blocking, deletion, destruction of personal data in order to perform the Contractor obligations assumed under this Agreement, other obligations under the Agreement, as well as for the purpose of fulfilment of the Contractor obligations. Term of use of the personal data provided by the Customer - indefinitely. The Customer also gives his consent to the processing and use of the information provided by him and (or) his personal data in order to carry out the specified by the Customer contact telephone number and (or) contact e-mail newsletter about the activities of the Contractor and (or) advertising mailing about other services of the Contractor and (or) its partner. Consent to receive newsletters shall be deemed granted in perpetuity until Contractor receives written notification via Contractor's email of its refusal to receive the newsletters. The Customer also gives its consent to the transfer, for the purpose of the Contractor's actions under this paragraph, the information provided by him and (or) his personal data to third parties in the presence of a properly concluded contract between the Contractor and such third parties.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 The Executor undertakes:
4.1.1 Before the Customer makes the payment for any of the access to the Course in the personal cabinet of the Platform, provide the Customer with all the necessary information about the Course on the Executor's Site.
4.1.2 Provide the Customer with consultative support regarding the services, registration and payment procedure and rules by e-mail from 10:00 till 18:00 Moscow time on workdays or in the personal profile of the Platform.
4.1.3 Provide access to the online course of the Platform within 24 hours after the start of the course.
Provide access to training videos on the days of the Course.
In the case of changes to the conditions of the Webinar (time, date and other changes) to notify the Customer no later than 23 hours 59 minutes Moscow time on the day preceding the day of the Webinar.
4.1.4 To return to the Customer the funds paid for the Course by mistake repeatedly upon the Customer's written request.
Return to the Customer the paid monetary funds Webinar on the written request of the Customer, presented to the Contractor not later than 24 hours before the start of the relevant Webinar.
In case of violation of the abovementioned deadlines for the return of the paid funds for the Course, the funds shall not be returned by the Contractor, shall go to the payment of the Contractor's losses, and also shall be considered as a penalty of the Customer for violation of the Agreement.
4.2 The Contractor shall have the right:
4.2.1 Engage third parties to provide the Services without the Customer's prior consent.
4.2.2 The Parties agree that the Contractor has the right to change the dates and time of the Webinar, as well as other conditions of the specified Courses.
The Executor notifies the Customer of these changes by posting information on the Executor's website at the address of the Course page, and the Customer is obliged to familiarize themselves with these changes. Notification of changes in the time, date and other conditions of the webinar can also be sent to the Customer no later than 23:59 Moscow time on the day preceding the day of the webinar by sending an appropriate letter to the contact e-mail, personal account of the Contractor on the website or by sms / phone call to the Customer's specified contact phone number.
4.2.3. The Customer agrees that if the Customer breaches clause. 4.3.10. of this Agreement, the Contractor has the right not to admit the Customer to the Webinar and not to return the money paid for participation in this course, as the actions of the Customer will be considered as a unilateral withdrawal from the assumed obligations.
4.3 The Customer undertakes:
4.3.1 Independently and timely get acquainted with the information about the Courses before the application, as well as with the changes in these conditions, with the current edition of the Agreement at each visit of the Site, including after acceptance of the Offer.
4.3.2. When registering fill in the required mandatory fields and specify in them accurate information, according to clause 3.1.1. of the Agreement.
4.3.3 Pay for the Services on the terms and at the cost effective at the time of payment. Current conditions and cost, as well as information about promotions (special offers) are placed on the Provider's site.
To agree in writing with the Contractor to transfer the rights to obtain access to an online course to a third person, and to inform the new Customer's data specified in clause 3.1.1. of this Agreement not later than 24 hours after the payment.
To agree in writing with the Contractor to transfer the rights to access the Webinar to a third person, and to inform the new Customer's data specified in Clause 3.1.1. of this Agreement not later than 24 hours before the start of the relevant Course.
If the right to access the Course is transferred to a third party, such person shall also be subject to the terms and conditions of this Agreement and the Privacy Policy.
4.3.5 In case of unwillingness to use the Executor's Services and refusal to receive access to the online course, to notify the Executor in writing no later than 2 (two) days after the payment.
In case of unwillingness to use the Services of the Executor and refusal to obtain access to the Webinar, to notify the Executor in writing no later than 24 hours before the start of the relevant Course.
In the absence of this application within the specified period, the money will not be returned by the Executor.
In any case of refusal of the Services the Customer shall compensate the actual expenses of the Executor, including all the commissions of payment systems, charged when transferring the funds to the Executor's account and from the Executor's account to the Customer.
4.3.6 Not to allow third parties to use the Online Courses and Webinars available to the Customer. In case the Executor reveals the fact of use of the Customer's Online Courses and Webinars by the third parties, the Executor has the right to prohibit the Customer's access to the already paid online courses and webinars without refund of the previously paid money.
4.3.7 To observe the exclusive and copyright of the Executor and other third parties.
4.3.8. To immediately notify the Executor of the changes in his personal and contact information in writing through a contact e-mail.
4.3.9. To comply with all the rules of participation in the Course, as reflected in this Agreement, announced by the speakers during the course and otherwise become known to the Customer.
4.3.10. Observe the order and discipline on the Course Platform during the registration and the Course, not to cause inconvenience to other Customers and not to interfere with the learning process on the Course Platform. In case of violation of the conditions of this clause, the Contractor reserves the right not to allow the Customer to participate in the Platform Course or remove the Customer from the platform where the Course is held, and the money paid by the Customer for the Course shall not be returned and shall be considered as a penalty payable to the Contractor in connection with the breach of obligations undertaken by the Customer.
4.3.11. The Customer is obliged to comply with the rules and mechanics of the use of the Platform provided in the personal area of the Platform.
4.4 The Customer has the right to:
4.4.1 To make written notes during the Course, to receive explanations on the subject of the Course, to receive full information about the content and procedure of the Services by the Executor.
5. LIABILITY OF THE PARTIES
5.1 In case of non-performance or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation, taking into account the terms of this Agreement.
5.2 Contractor shall not be liable in case of improper rendering of the Services if improper fulfillment was a result of inaccuracy, insufficiency or untimeliness of the information provided by Customer or because of other violations of the conditions of this Agreement by the Customer.
5.3 Contractor is not responsible for non-compliance of provided service with expectations of Customer and/or his subjective assessment, such non-compliance with expectations and/or negative subjective assessment are not the grounds to consider the services provided substandard or not in the agreed amount.
5.4 In case when a Customer for the reasons beyond the control of the Executor has not used the Services and has not not notified the Executor about his wish to cancel the Services within the period specified in clause 4.3.5. of this Agreement then the Service shall be considered as duly rendered and money paid to the Executor shall not be subject to refund.
5.5 In case of breach of Executor's exclusive and copyright specified in Clause 8 of this Agreement by Customer, Executor has a right to
- to refuse to perform and terminate the Agreement unilaterally;
- to recover from the Customer a fine of 500,000 (five hundred thousand) rubles.
5.6 The Parties shall be exempt from liability for failure to perform or improper performance of their obligations under this Contract if they were caused by unforeseen, force majeure circumstances, namely earthquake, fire, flood, other natural disasters, epidemics, accidents, explosions, military actions, changes in legislation, orders of authorized persons, resulting in the inability of the Parties to perform their obligations under this Contract.
The Parties shall use their best efforts to perform all obligations under this Agreement and shall take advantage of the opportunity to postpone the performance of obligations for an agreed period of time.
6. SETTLEMENT OF DISPUTES
6.1 All disputes and disagreements arising in connection with the performance of this Agreement shall be resolved by the Parties through negotiations. The term of consideration of a written complaint by the Parties is 15 (fifteen) calendar days.
If the Parties fail to reach an agreement, all disputes shall be considered by a court in accordance with the legislation of the Russian Federation at the place of rendering the Service. The parties acknowledge Moscow to be the place of rendering of the Services. 7.
7. VALIDITY OF THE AGREEMENT AND PROCEDURE FOR ITS MODIFICATION AND TERMINATION
7.1 This Agreement shall enter into force upon acceptance by the Customer and shall remain in force until the Parties have performed their obligations in full.
7.2 Performer has a right to change conditions of this Agreement unilaterally at any moment without prior coordination with a Customer providing the publication of changed conditions in the Internet on the web-site of the Contractor at least one day prior to their introduction into effect.
7.3 The Customer has the right to terminate this Agreement unilaterally in case of failure to provide the Services by the Executor in the declared terms.
8. RESULT OF INTELLECTUAL ACTIVITY
8.1. All information materials provided by the Contractor to the Customer during the Course, as well as the results of photo and video recordings received by the Contractor during the Course are the result of intellectual activity, the exclusive and copyright, including related rights belong to the Contractor.
8.2 Photography, audio and/or video recording of the Course is possible only with the permission of the Contractor. The use of the results of intellectual activity without the Contractor's written consent is a violation of the Contractor's exclusive rights, which entails civil, administrative and other liability in accordance with the current legislation of the Russian Federation.
8.3 The Customer is not entitled to copy audio and video materials of the Contractor's Courses in whole or in part, to record broadcasts of the Courses, as well as record the content of such Courses in whole or in part in any way and/or on any material carrier, as well as use the content of these Courses without written consent of the Contractor, which will be considered an infringement of the Contractor's exclusive right and will entail civil, administrative and criminal responsibility in accordance with the current legislation of the Russian Federation.
9. CONFIDENTIAL INFORMATION. PERSONAL DATA OF THE CUSTOMER
9.1. the Parties undertake without mutual consent not to transfer to third parties organizational, technological and commercial information constituting a secret for any of the Parties (hereinafter - "confidential information"), provided that
- such information has actual or potential commercial value due to its unknown to third parties;
- such information is not freely accessible on a legitimate basis;
- the owner of such information is taking appropriate measures to ensure its confidentiality.
9.2 Confidential information shall be protected indefinitely.
9.3 The Customer expresses his consent to the use of the Customer's personal data provided by the Contractor during registration on the Executor's website. The Contractor is obliged to ensure the safety of the Customer's personal data.
By concluding this Agreement the Customer gives his consent to the use of the Customer's image, which is included in the results of the Contractor's intellectual activity specified in clause 4.2.1. of the Agreement. In case the Customer does not agree to grant the rights to use his image, he shall notify the Contractor in writing at the email address of the Contractor.
10. OTHER CONDITIONS
10.1 The application, filled in by the Customer on the Executor's website, shall be an integral part of this Agreement.
10.2 The Parties shall be guided by the current legislation of the Russian Federation in everything else that is not stipulated by this Agreement.
10.3. The Customer confirms that before conclusion of the Agreement (acceptance of this Agreement) he received from the Executor all information about terms, order and other conditions of rendering the Services and that all conditions of this Agreement are clear to him and he accepts them unconditionally and in full.