Public Offer Agreement
1. General provisions
1.1. This Agreement is an official offer (public offer) by the individual entrepreneur Imran Karimovich Musakhanov, OGRNIP 314265121900417 to enter into an agreement under the terms set out below, to any individual (hereinafter referred to as the Customer) (paragraph 2 of Article 437 of the Civil Code of the Russian Federation).
1.2 The person who has accepted this public offer acquires all the rights and obligations of the Customer provided for in this agreement.
1.3 The acceptance of this public offer shall be confirmed by transferring the full payment for the Contractor’s information and consulting services by the Customer in accordance with the terms of this agreement. From the moment of receipt of funds in payment for rendered services to the Contractor’s current account, this agreement shall be considered concluded between the Customer and the Contractor.
1.4 Acceptance of this Offer and, accordingly, the conclusion of this Agreement shall mean that the Customer has familiarized himself/herself to the extent necessary with the terms of this agreement and the rules of the payment system (hereinafter referred to as the System), the features of the System, services and the site on which the training materials are posted, recognizes the unconditional suitability of the System, the services used and the site for performing actions and achieving the goals that are the subject of this agreement.
1.5 By accepting this offer, the Customer confirms that the Contractor’s provision of services under this agreement remotely using the software (hereinafter referred to as the Software) or in any other manner established by the Contractor fully complies with the Customer’s ability to use the services provided in this way.
1.6 The Customer confirms his/her consent to the terms and conditions set forth in this agreement by checking the box “I accept the terms and conditions of the Offer Agreement and consent to personal data processing in accordance with the Privacy Policy” when placing an order.
Ignorance of the terms of this agreement is not the basis for presentation of any claims by the Customer against the Contractor.
The current offer agreement is permanently available at
https://imram-kriya.com/public-offer-agreement/
In this agreement, unless otherwise expressly provided in its text, the following words and expressions shall have the meanings set forth below:
1.8.1. Webinar – information and training conference (seminar, lesson) online, involving the Customer and other recipients of the information services of the Contractor and Trainer(s), conducted and broadcast over the Internet in real time, using special software.
The Customer asks questions about the topic of the Webinar using the webinar room chat or using other means of communication on the Internet.
1.8.2. Trainer — a specialist appointed by the Contractor who conducts a Webinar or Course.
1.8.3. Course, practical training — information and training program carried out using remote communication on the Internet, in the form of webinars and/or presented as soft copies of materials, according to the package of services purchased by the Customer (video tutorials, documents, presentations, assignments, workshops and other items of intellectual property of the Contractor). The course is posted on a special section of the Site, access to which is provided to the Customer by the Contractor after payment is received in accordance with the terms of this Agreement.
1.8.4. Software – a browser (Internet Explorer, FireFox, Google Chrome, and similar) for accessing information resources posted on the Internet, other programs for processing information provided by the Contractor. The Customer shall independently ensure the availability of workable software on his/her personal computer or other devices via which he/she receive the Services.
1.8.5. Website — Internet site owned by the Contractor and available on the Internet at: https://imram-kriya.com/oferta, including all subdomains, sections, pages, file structure, and any other structural elements, content, training blocks, source and object code, design works, graphics, audiovisual works or photos.
1.8.6. Agreement – this document posted on the Internet, as well as sent for review by e-mail or provided by the Contractor to the Customer for review by any other means.
2. Subject of the Agreement
2.1. The subject of this Agreement is the provision of information and consulting services to the Customer on a reimbursable basis, according to the plan purchased by the Customer for the Course (practical training) and/or individual verbal consultations, as well as the provision of video recordings of such events in mp4 format or links to view them, training materials and documents in pdf format, audio recordings in mp3 format or links to listen to them (hereinafter referred to as Services or Service).
2.2. The Customer shall pay for the Services, and the Contractor shall provide such Services, in accordance with the package of services chosen by the Customer.
2.3. The topics, program, cost and types of service packages are posted on the corresponding page of the Site, where the Contractor posts offers for the sale of the corresponding Service.
2.4. Services under this agreement shall be limited to providing the Customer with information, developing skills for its independent use, consulting verbally or in writing (by e-mail or using special means of communication on the Internet) regarding the Customer’s questions, according to the purchased package of services.
2.5. The Contractor is not a state-accredited educational institution and does not issue any state-recognized certificates, licenses, etc. based on the results of the provision of Services.
3. Terms of service provision
3.1 Services under this agreement shall be provided within the timeframe specified on the Website page where the Contractor posts offers for the sale of the corresponding Services.
3.2. Access to the training materials of the main course and additional materials posted in the restricted section of the site is provided to the Customer for 12 (twelve) months from the date of payment for the corresponding package of Services by the Customer.
3.3. The timeframe for rendering the Services (conducting the Webinar and individual consultations on the Service) under this agreement is based on Moscow time.
3.4. The Customer shall be given 4 (four) calendar days to complete homework for the corresponding service packages from the moment of obtaining access to the corresponding video lesson (video recordings of the Webinar) in a restricted section of the Site, unless other terms are set out for a specific lesson.
Homework is checked by the Contractor on working days within 24 (twenty-four) hours from the moment of receipt of the Customer’s report. If the Customer submits a homework report on a non-working day, the Contractor shall check it on the first working day following the non-working day.
The result of the check is set out by the Contractor in writing in the restricted section of the Site for the corresponding lesson.
4. Procedure for Service Provision
4.1. In case of complete agreement to all terms of this agreement, the Customer fills in all the required fields of the order form posted on the Site when purchasing the relevant Service, ensuring the accuracy of the information provided.
The Contractor shall not change or edit the registration information of the Customer without the consent of the latter and shall not be responsible for the content and accuracy of the information provided by the Customer when placing the order.
4.2. To confirm acceptance of the order, the Contractor sends the Customer an invoice for payment of the service package selected by the Customer, containing the unique identification number of the service order.
4.3. The Contractor shall provide Services under this agreement in accordance with the service package selected by the Customer, after receiving full payment for the corresponding Service as per the invoice.
4.4. To conduct the online Webinar (a Course consisting of a series of webinars), information about the time and hosting platform shall be sent to the Customer’s email address, specified when making the payment (Webinar registration). This email is sent by the Contractor immediately after receipt of payment from the Customer for the relevant Service, as well as on the day of the relevant online event, no later than 1 hour before the scheduled time.
The obligation to conduct the Service specified in the first paragraph of this item is considered to be fulfilled when the corresponding Webinar (series of webinars) is conducted, at the time, for the duration, and in the manner stipulated on the website selling this Service, regardless of whether the Customer directly participated in it/them or not.
4.5. To conduct a Course consisting of a series of webinars, with access to the restricted section of the Contractor’s website, the necessary instructions (access details) shall be provided by the Contractor within 24 hours of receipt of payment from the Customer. Such information shall be sent to the Customer’s email address specified by him/her when purchasing the Service.
Information about the time and the platform for individual webinars in the Course program shall be provided to the Customer for direct participation by the Contractor, in accordance with item 4.4. of this Agreement, and can also be posted in the restricted section of the site where the training materials are stored.
4.5.1. The schedule of webinars in the Course, as specified in item 4.5. of this Agreement, shall be set by the Contractor according to the Course program. At the same time, the Contractor shall ensure that recordings of these webinars are posted in a restricted section of the Site no later than 2 (two) working days after completion of the corresponding webinar.
4.5.2. The schedule of webinars may be changed unilaterally by the Contractor. The Customer shall be informed of such changes by the relevant information being posted in a restricted section of the Site and/or via the e-mail specified by the Customer when placing the order (registering for the Course).
4.5.3. The obligation to conduct the Course specified in item 4.5. of this Agreement is considered to be fulfilled when the relevant webinars of the Course program are conducted, at the time and in the quantity established on the website selling the corresponding Service.
4.6. For the corresponding service packages that provide access to training materials (posted in a restricted section of the Site or in the form of links for viewing or downloading), the Contractor, within 24 hours of receipt of payment from the Customer, shall send the latter passwords to access the restricted section of the site with the training materials (links for viewing or downloading) and other instructions for receiving the purchased Service to the email address specified during payment.
The obligation to provide the Service specified in this paragraph is considered to be fulfilled by the provision of access passwords to a restricted section of the site (links for viewing or downloading) to the Customer’s email address specified during payment.
4.7. To provide services by conducting individual verbal consultations, the time and venue (method of implementation) of such a consultation is agreed upon by the Parties in each specific case, unless otherwise specified on the sales page of the relevant Service.
Information about the time of individual verbal consultations is also sent by the Contractor to the Customer’s email address specified when making the payment (Service registration), unless a different notification procedure is established by the Parties.
The obligation to provide the Service specified in this item is fulfilled when such a consultation is conducted, at the time, for the duration, and in the manner established on the sales page (site) of such a Service, or agreed by the Parties.
If the Customer did not participate (did not show up for the consultation) without good reason or did not agree to a different time for rendering the Service in a timely manner, the Contractor’s obligations to provide such a Service are considered to be fulfilled in full.
4.8. The Customer shall independently monitor all updates and changes to the information received from the Contractor under this agreement.
4.9. For Services involving access to the restricted section of the Site, the Customer shall independently register on the Site, ensuring the confidentiality of access passwords received from the Contractor
.
4.10. For Services that involve intermediate stages (modules) within each module, the Contractor shall be entitled to set mandatory tasks for the Customer to gain access to subsequent lessons.
4.11. The task received by the Customer for the corresponding module shall determine the actions that he/she is required to perform, the format of the result, the evaluation criteria, and the deadline for completing the task.
4.12. The risk of non-fulfillment, improper fulfillment, and/or delay in completing the task for the corresponding module is borne by the Customer, including the resulting inability and/or difficulty with receiving training within the Course.
4.13. If the Customer does not perform the required tasks defined by the Course program in the relevant modules, the Contractor shall be entitled to restrict access of the Customer to the next stage(s) or completing of the Course. In this case, the Services under this agreement are considered to be rendered in full.
5. Cost of Services. Payment Procedure
5.1. The cost of Services under this agreement is indicated on the page (website) selling the corresponding Service and may be unilaterally modified by the Contractor at any time. The new price comes into force at the time of posting and does not apply to services already paid for at the time of posting.
5.2. The selected Service is paid for by the Customer by crediting funds to the Contractor’s current account, equivalent to 100% of its cost.
5.3. Payments between the Parties shall be made in Russian rubles via bank transfer to the Contractor’s current account specified in the invoice sent to the Customer for his/her order or by other convenient means provided by the Contractor (by methods specified by the Contractor on the website selling the Service).
5.4. Payment is considered successful upon receipt of funds in the Contractor’s current account.
5.5. The Customer shall be entitled to refuse the Service within 3 (three) working days from the date of payment for the Services, reimbursing the Contractor for the actual costs.
5.6. The actual costs of the Contractor include commissions charged by banks, credit organizations and relevant payment systems for performing a refund, the cost of training materials provided to the Customer at the time the request for a refund is received, or webinars organized by the Contractor, even if the Customer did not use the materials and did not participate in the webinars without a serious reason, as well as other training costs of the Contractor.
The specific cost amount determined individually by the Contractor for each case.
5.7. Any request for a refund is accepted only in writing in accordance using the established form
.
To send this application, the Customer shall print it out, fill it out in his/her own hand, put his/her personal signature, scan and send the document to the Contractor’s email address in PDF or JPEG format to [email protected].
5.8. A copy of the applicant’s ID and a screenshot confirming the payment in PDF or JPEG format shall be attached to the refund application.
5.9. A refund request for paid amounts submitted by the Customer after the deadline set out in item 5.5. of this Agreement shall be accepted by the Contractor if the Customer provides written evidence that the relevant Service was not provided (or was provided improperly) due to the fault of the Contractor.
If non-provision of Services (provision of services of inadequate quality) is established, the Contractor shall refund the payment minus the actual costs of the Contractor, determined at the time of refund according to the rules listed in item 5.6. of this Agreement.
5.10. The decision to refund or decline to refund the payment shall be made by the Contractor within 10 (ten) working days from the date of receipt of the relevant application of the Customer.
5.11. The funds shall be returned to the Customer’s account from which the training was paid for, within 14 (fourteen) working days after the refund decision is made.
5.12. If the request for a refund is accepted, the Customer’s access to the training materials is terminated within 1 (one) business day from the date when the Contractor informs the Customer about the impending refund. The Customer’s request for a refund is also considered a revocation of the previously given acceptance specified in item 1.3. of this Agreement.
6. Rights and Obligations of the Parties
6.1. Customer Rights:
6.1.1. to choose any of the service packages offered on the Site;
6.1.2. to receive all the necessary information related to the Service from the Contractor, in the manner and according to the terms and
conditions stipulated by this agreement;
6.1.3. to demand the proper fulfillment of obligations under this agreement by the Contractor.
6.2. Customer Obligations:
6.2.1. to make timely payment for Services under this agreement, within the established timeframe;
6.2.2. to provide the technical means for receiving the Services provided remotely (Internet access, acceptable data transfer speed, etc.);
6.2.3. if within 2 (two) business days after payment, the required access passwords or instructions for receiving the Service are not sent by the Contractor to the Customer’s email address, specified when purchasing the Service, the Customer shall contact the Contractor’s support service at: [email protected] and send a copy of the payment receipt;
6.2.4. to observe the Contractor’s training rules and instructions, and comply with the terms of this Agreement;
6.2.5. to monitor all updates and changes to the information received from the Contractor under this Agreement;
6.2.6. to provide the Contractor with up-to-date and reliable information required to obtain educational and training materials, as well as for operational communication while receiving services under this Agreement, namely: last name and first name, a valid postal address and contact phone number;
6.2.7. to observe the rules of conduct at webinars and show respect for the Contractor and other participants in the training program.
6.2.8. not to record or distribute (publish, post on Internet sites, copy, transfer or resell to third parties) the information and materials provided by the Contractor to the Customer under this agreement for commercial or non-commercial purposes, or create information products based on it for the purpose of commercial profit;
6.2.9. not to use the information and materials received from the Contractor, including (without limitation) to create a similar and/or competitive product or service or obtain commercial or financial benefits, nor organize or conduct training products based on the training materials of the Contractor;
6.2.10. not to transfer to third parties, and ensure the confidentiality of passwords used to access the personal account in the restricted section of the site, access keys to materials, and special Software services used by the Contractor to render Services under this agreement, and to ensure the confidentiality of links to webinar recordings and other materials received from the Contractor under this Agreement.
6.2.11. not to change in any way the software of the site where the Services are provided, nor perform any actions to change the function and operation of the Site.
6.2.12. not to post personal data of third parties on the Site without their consent.
6.2.13. not to post commercial advertising, commercial offers, campaign information or any other intrusive information on the Site, except in cases when posting of such information is agreed upon by the Contractor.
6.3. Contractor’s Rights:
6.3.1. to independently determine the cost of Services and make changes to the training program;
6.3.2. to exclude the Customer from the training in case of violation of the terms of this agreement;
6.3.3. to update the content, functionality and user interface of the Site at his sole discretion. The Contractor has the right to inform the Customer about the introduced modifications by posting relevant information on the Website and/or by sending an email to the email address specified during the payment;
6.3.4. to perform audio and video recording of the Services provided during their provision;
6.3.5. to unilaterally modify the terms of this agreement, without prior agreement with the Customer, while ensuring that the amended terms are published on the website at the address specified in item 1.7 of this Agreement, at least one day before they come into effect;
6.3.6. to demand from the Customer a conscientious fulfillment of the undertaken obligations, a respectful attitude towards other recipients of the Contractor’s services and to the Contractor personally;
6.3.7. to unilaterally terminate this Agreement if the Customer is in material breach of the terms of this Agreement.
A material breach of the terms of this Agreement means any violation of copyright rights regulated by the current copyright legislation of the Russian Federation. At the Contractor’s discretion and depending on the nature of the violation, any violation by the Customer of the rules stipulated in items 6.2.7.—6.2.13. of this agreement, committed once and/or more than twice, may be considered to be a material breach.
6.3.8. Engage third parties to provide services in accordance with this agreement.
6.4. Contractor’s Obligations:
6.4.1. provide the package of Services selected and paid for by the Customer;
6.4.2. after receiving payment from the Customer, within 24 hours from the date of receipt of such payment, provide the Customer with instructions for receiving the Service or provide the Service according to the selected package of services;
6.4.3. Not to disclose any part of the Customer’s personal data without their consent and to process them solely for the purpose of fulfilling this agreement in accordance with the Privacy Policy approved by the Contractor;
6.4.4. as far as possible, to inform (warn) the Customer about additional conditions and upcoming changes in the provision of Services (schedule, postponement of classes, etc.) by posting the relevant information in a restricted section of the site and/or by email.
7. Liability of the Parties
7.1. The Parties shall be held responsible for violating the terms of this Agreement in accordance with the current legislation of the Russian Federation.
7.2. The Contractor shall not be responsible for the inability to provide services to the Customer for reasons beyond the Contractor’s control, namely: Internet disruption, failure of the Customer’s equipment or software, failures of email distribution services, including if the Contractor’s emails land in the Spam folder. In this case, the services shall be considered to be properly rendered and payable in full.
7.3. The Contractor shall not be responsible for the violation of the terms of this agreement if the Customer provides false and/or incomplete Information about himself/herself when placing the order, including contact information (e-mail, phone, etc.) and if the Customer does not provide new contact information (e-mail, phone) when they change.
7.4. No information, materials, and/or advice provided by the Contractor while rendering the services under this agreement can be considered as a guarantee of results since this completely depends on the actions of the Customer, his/her personal qualities, the quality and speed of mastering/implementing the knowledge and materials received from the Contractor.
Decision-making based on all the information provided by the Contractor shall fall within the exclusive cognizance of the Customer. The Customer shall accept full responsibility and risks associated with the use of the information and materials provided by the Contractor as part of the fulfillment of his obligations under this Agreement.
7.5. If the Customer does not receive the purchased Services through no fault of the Contractor or the Customer is excluded from participating in the Course due to the latter’s violation of the terms of this agreement, the payment made by the Customer shall not be refunded.
8. Force Majeure
8.1. The Parties are exempt from liability for partial or complete non-fulfillment of obligations under this Agreement if this non-fulfillment was caused by the onset, action and consequences of force majeure circumstances, that arose after the Agreement was made and which include: flood, fire, earthquake, explosion, storm, soil subsidence, epidemics, and other natural events, as well as war or military actions, power outages, Internet outages and other circumstances which arose not by the choice of the Parties and which prevent the fulfillment of the terms of this Agreement.
8.2. The Party shall notify the other Party of the force majeure event no later than one day from the date of its commencement or from the day when it became possible to make such notification via e-mail or telephone.
8.3. After the termination (elimination) of the force majeure, the Contractor may provide the Customer with access to the electronic version of the training (mp3 or video recording) online or a download link, or postpone the training to another date. In this case, the Contractor will be deemed to have fulfilled his obligations under this Agreement in the proper manner.
9. Final Provisions
9.1. The Customer enters into this agreement voluntarily, and the Customer:
- has familiarized himself/herself with the terms and conditions of this agreement and checked (“ticked”) the corresponding box when placing the order;
- fully understands the meaning and consequences of his/her actions in relation to the conclusion and execution of the agreement;
- confirms that he/she has all the rights and powers required enter and execute this agreement.
9.3. The Customer consents to the Contractor processing the personal data provided during the purchase of the Services under this agreement, in accordance with the Privacy Policy approved by the Contractor and posted on the Website, in accordance with the provisions of Federal Law No. 152-FZ ‘On Personal Data’ of July 27, 2006.
9.4. The Customer understands and acknowledges that video and/or audio recording may be performed during the provision of Services, and by entering into this agreement, the Customer authorizes the Contractor to perform such recording and use its results in any form and by any means without the consent of the Customer, including in any projects and/or events that are organized and/or conducted by the Contractor.
9.5. The Contractow owns the copyright for the materials provided under this agreement. The materials cannot be copied, reproduced, distributed or used without prior permission from the Contractor. The Customer acknowledges and agrees that all rights, title and profit from all intellectual property rights on the Contractor’s Services, and all copyrighted developments and materials used belong to the Contractor. With the exception of the rights of use provided for in this agreement, the materials, knowledge and developments transferred to the Customer do not grant any intellectual property rights to them. The Contractor reserves all rights.
If the Customer violates the provisions in this agreement concerning the Contractor’s copyright protection, the latter shall be entitled to demand compensation for all losses caused, including lost profits.
9.6. The Customer shall indicate the authorship and provide a link to the Contractor (an active hyperlink to the Site is required online) whenever he/she mentions or uses the Services, including materials or information received from the Contractor verbally or in writing.
9.7. Any notifications under this agreement, including the Customer’s requests regarding the provision of Services, and the Contractor’s responses to these requests, may be sent by one Party to the other Party by e-mail:
a) to the Customer’s e-mail address (e-mail) and/or phone number specified by the Customer when placing the order or in the message regarding its update, from the Contractor’s e-mail address, if the recipient is the Customer;
b) to the Contractor’s e-mail address [email protected], from the Customer’s e-mail address specified when placing the order or in the message regarding its update.
9.9. This agreement comes into force from the moment the Customer accepts this agreement in accordance with item 1.3., and is valid until the full fulfillment of obligations by the parties.
9.10. In all matters not regulated by this agreement, the parties shall be guided by the current legislation of the Russian Federation. At the same time, Law No. 2300-1 ‘On Consumer Rights Protection’ of the Russian Federation of February 7, 1992 shall not apply to matters relating to this agreement, since such matters are intended by the Customer to make a profit as a result of using the Contractor’s Services.
9.11. All disputes and disagreements between the parties shall be resolved through negotiations. At the same time, the procedure for resolving disputes arising from matters relating to this agreement shall be mandatory.
The recipient of the claim shall notify the applicant of the claim in writing on the results of the review of the claim within 30 (thirty) calendar days from the date of receipt of the claim.
If an agreement is not reached within the time limit set by this paragraph, the dispute shall be referred to a judicial authority in accordance with the current legislation of the Russian Federation at the Contractor’s place of registration.
9.12. The court’s recognition of any provision of this agreement as invalid or not subject to enforcement shall not invalidate its other provisions.
10. Contractor Details
IP Musakhanov Imran Karimovich, OGRNIP 314265121900417
E-mail: [email protected]
Phone: +7 (905) 460-29-91