Public offer contract
between the Customer and the Contractor
provision of information and consulting services, including in the form of coaching business games, one-time lectures, consultations, trainings, exhibitions, conferences, master classes, seminars, webinars and other types of training not accompanied by final certification and issuance of educational documents
1. General Provisions
1.1. LIMITED LIABILITY COMPANY "IN-CONSULT" OGRN 1 237 700 828 914, TIN 9 717 148 889, 129 226, Moscow, vn.tkr.g. municipal district Rostokino, Mira avenue, 131, room. 3/1 (hereinafter — the Company), the Company’s website:
in-consult.agency, addresses this Contract-Offer (hereinafter — Contract-Offer) to any natural person (indefinite circle of persons), whose will will be expressed by him personally or through an authorized representative (Articles 182, 185 of the Civil Code of the Russian Federation), expressing willingness to use the services of the Contractor (hereinafter — the Customer).
1.2. For the purposes of this Contract-Offer the following terms and definitions are used:
1.2.1. Contract — a contract for the provision of information and consulting services, including in the form of coaching business games, one-time lectures, consultations, trainings, exhibitions, conferences, master classes, seminars, webinars and other types of training, not accompanied by final certification and issuance of documents on education, concluded through the Acceptance of this Contract-Offer;
1.2.2 Contract-Offer — this public Contract for the provision of information and consulting services, including in the form of coaching business games, one-time lectures, consultations, trainings, exhibitions, conferences, master classes, seminars, webinars and other types of training, not accompanied by final certification and issuance of documents on education;
1.2.3 Acceptance — full and unconditional acceptance of the Contract-Offer by taking actions to pay for information and consulting services, including in the form of coaching business games, one-time lectures, consultations, trainings, exhibitions, conferences, master classes, seminars, webinars and other types of training, not accompanied by final certification and issuance of documents on education in the order, amount and terms established by the Contractor;
1.2.4. Website — an Internet site located in the Internet at
https://in-consult.agency and used by the Contractor on the property rights.
1.2.5 The Contractor Limited Liability Company IN-CONSULT OGRN 1 237 700 828 914, INN 9 717 148 889.
1.2.6. Customer — any legally capable natural person who has reached the age of 18 and has the intention to purchase information and consulting services, including in the form of coaching business games, one-time lectures, consultations, trainings, exhibitions, conferences, master classes, seminars, webinars and other types of training, not accompanied by final certification and issuance of documents on education in the manner and on the terms and conditions provided for by this Contract-Offer, making the Acceptance;
1.2.7. Services — information and consulting services, including in the form of coaching business games, one-time lectures, consultations, trainings, exhibitions, conferences, master classes, seminars, webinars and other types of training, not accompanied by final certification and issuance of documents on education, offered for purchase on the Site, are provided jointly in a group with other Customers, unless otherwise specified on the Site (groups are formed upon prepayment by the respective Customers of the cost of rendering the Services in the manner and on the terms specified in this Agreement-Offer, unless otherwise specified on the Site).
The Service may be provided in the form of group and/or individual consultation, including in the form of coaching business games, one-time lectures, consultations, trainings, exhibitions, conferences, master classes, seminars, webinars and other types of training, not accompanied by final certification and issuance of documents on education, the Contractor to the Customer in mastering the material, as well as the class in which such assistance is provided.
1.2.7.1. in person at the address specified by the Contractor;
1.2.7.2. online by using the Internet
1.2.8. Payment system — an organization that uses software and hardware to ensure acceptance of payments from individuals. Acceptance of payments can be made using bank cards, Internet banking systems, electronic money only upon agreement with the Contractor;
1.2.9. Internet platform — a specialized program for organization of online communication.
1.3. Contract-Offer is an official offer of the Contractor (offer) to conclude an agreement on rendering information and consulting services (hereinafter referred to as the Services) and contains all the essential terms of the agreement on rendering information and consulting services (hereinafter referred to as the Agreement).
1.4 Acceptance of the Contract-Offer is payment for the Services in the order, amount and terms specified by the Contractor.
1.5. Realizing the Acceptance of the Contract-Offer in the order defined by p. 1.4 of the Contract-Offer. 1.4 of the Contract-Offer, the Customer guarantees that he is familiarized, agrees, fully and unconditionally accepts all the terms and conditions of the Agreement as they are stated in the text of the Contract-Offer, in the annexes to the Contract-Offer (if any) and information posted on the Site, and are an integral part of the Contract-Offer.
1.6. The Customer understands that Acceptance of the Contract-Offer in the order specified in clause 1.4 of the Contract-Offer is equivalent to conclusion of the Contract on the terms and conditions set forth in the Contract-Offer.
1.7 The text of this Agreement-Offer (hereinafter referred to as the "Agreement") is located at:
in-consult.agency1.8 The Contractor may at any time make changes to the terms and conditions of the Agreement-Offer, the cost of the Services, dates and time of rendering the Services unilaterally with or without notice. The changes shall become effective from the moment of their publication on the Website, unless otherwise specified on the Website. In this regard, the Customer undertakes to regularly independently check the information for changes and/or additions.
1.8.1 The price of the service for which a deposit or prepayment has already been made remains unchanged.
1.9 The offer contract can be withdrawn at any time.
1.10. The Contract-Offer does not require sealing and/or signing by the Customer and the Contractor (hereinafter referred to as the Parties), while retaining full legal force.
2. Subject of the Contract
2.1. In accordance with the terms of the Agreement the Contractor undertakes to provide the Services, and the Customer undertakes to accept and pay for the Services.
2.2. Types and name of the Services, the list of programs (seminars, topics, courses, master classes, etc.), the form of implementation of the Services, the term of the Services and other necessary characteristics of the Services, as well as their cost are published in
thepublic domain on the Contractor’s website at
in-consult.agency and are integral parts of the Contract-Offer.
2.3 The Executor has the right to refuse to provide the Service to any person at any time without explanation. Money for not rendered Services in case of prepayment of the Full Program in this case shall be returned.
2.4. The method and format of providing the Services shall be determined by the Provider.
2.5. To provide the Services, the Contractor has the right to engage co-executors of its own choice.
3. Contract Term
3.1. The terms of rendering, specific time, number of hours and dates of rendering the Services are indicated on the Website in the section (s) corresponding to the classes or courses of the Executor’s classes chosen by the Customer.
3.2 The Terms of Services may be changed by mutual agreement of the Parties.
4. Rights and obligations of the Parties
4.1. The Customer undertakes to:
4.1.1 Pay for the Services in the order, amount and terms stipulated by the Contract-Offer and terms and conditions published on the Website.
4.1.2. Properly fulfill all conditions and requirements necessary for rendering the Service specified on the Website.
4.1.3 Observe the requirements of the Internal Regulations and other local normative acts of the Contractor, observe discipline and generally accepted standards of behavior, in particular, to show respect to the Contractor’s personnel and other Customers, not to infringe on their honor and dignity.
4.1.4 Not to use the information received from the Contractor and during the receipt of the Service from the Contractor in ways that can lead to damage to the interests or spoil the reputation of the Contractor.
4.1.5 Independently and timely get acquainted with the dates of time, cost, conditions of rendering the Services;
4.1.6. The Customer undertakes to attend all agreed meetings and classes included in the scope of rendered Services, as well as to perform and submit to the Executor for inspection the reports, tasks, etc., provided for in the Program of rendering the Service. This is one of the mandatory conditions for the continuation of the provision of the Services;
4.1.7. To notify the Executor of changes in his contact information in writing immediately from the moment of such changes;
4.1.8. By sending to the Executor by e-mail to info.inconsult.pro@gmail.com the corresponding application, to notify the Executor of the refusal to participate in the classes in the manner prescribed by Chapters 10 and 5 of this Agreement not later than 10 (ten) working days before the beginning of the service.
4.2. The Contractor undertakes to:
4.2.1. Organize and ensure proper provision of the Services in accordance with the terms and conditions published on the Website and the Contract-Offer.
4.2.2. To place changes in the schedule on the Website in advance and to comply with the Schedule posted on the Website.
4.2.3 Use the information about the Customer only for rendering the Services, not to transfer and not to show the documentation and information about the Customer to the persons not included in the process without the Customer’s consent. In this case, the Customer unconditionally accepts that such information within the Coaching and Assistant Team and between team members is open for the duration of the Services.
4.2.4 Give oral and written consultations to the Customer, within the framework of the program, including for an additional fee, on additional questions of the Customer. The complexity of the issue, the volume and terms of consulting shall be determined separately in each specific case.
4.3. The Customer has the right to:
4.3.1. Require the Contractor to provide information on the organization and ensuring proper provision of the Services.
4.3.2 Demand proper and timely provision of the Services by the Executor.
4.3.3 Refuse to fulfill the Contract in the order and on the conditions specified in Chapter 10 of this Contract.
4.3.4. To receive special conditions for payment, in cases separately agreed with the Contractor, including installment payment for the Service in written agreement with the Contractor.
4.4. The Customer undertakes:
4.4.1 Not to perform copying, transfer to a computer (third-party media and other electronic devices).
4.5. The Contractor is entitled to:
4.5.1 Independently determine the forms and methods of rendering the Services, taking into account the requirements of legislation, the requirements of International Associations, as well as the terms of the Contract.
4.5.3. To independently determine and engage specialists providing the Services and to distribute work among them at its own discretion.
4.5.4 Request payment for the Services rendered or to be rendered.
4.5.5. To withdraw from the Contract in the manner and on the terms and conditions specified in Chapter 10 of this Contract.
4.5.7. To carry out photography, video and (or) audio recording of events related to the provision of Services. The
Customer gives his consent to the Contractor to perform the above actions and gives the Contractor the right to publicize, publish on the Website and in other sources, make available to an indefinite number of persons, distribute, reproduce, copy, edit and otherwise use photos, audio and video recordings with his image and (or) voice, as well as to use the results of work performed as a workout of tasks with the indication of the author of the work.
4.5.8 The Contractor has the right to cancel the event or change the date of the event for reasons beyond the control of the Contractor (health condition of the consultant, etc.). The Executor shall notify the Client about these circumstances 1 (one) calendar day in advance. In this case, the parties are obliged to agree on a new date and time of service provision or replacement of participation in another event equivalent in value, or to fully reimburse the Client for the Services not provided.
4.5.9. temporarily suspend rendering of the Services to the Customer for technical, technological or other reasons preventing rendering of the Services for the period of elimination of such reasons. 4.5.9.
5. Postponement of classes and skipping of classes
5.1. In case the Provider is unable to provide the Service, the Provider shall notify the Customer 1 (one) day prior to the Event by means of a telephone call to the contact phone number specified by the Customer, or by sending a corresponding letter to the contact e-mail.
5.2. The Customer has the right to agree to postpone the provision of the Service to another time 24 hours in advance. In this case he/she is obliged in case of group classes on a long-term program — not less than 10 (ten) working days in advance, in case of individual classes — not less than 1 (one) calendar day before the event to apply to the Executor in the following order and in the following way: by phone and additionally in writing by e-mail of the Executor
(info@in-consult.agency). The service is considered to be rescheduled if there is a written agreement from the Contractor. The postponement of one or more classes of a long-term course is not permitted.
5.3. If the Customer is not present at the place of rendering the Service at the set time and has not agreed on the postponement, the Executor is obliged to wait for the Customer for 10 minutes. If the Customer fails to appear at the set time, the lesson is considered to be missed due to the Customer’s fault and is not rescheduled, the Executor has the right to withhold a part of the amount for the actual expenses.
5.4. If the Customer cancels the
paid Services without 24 hours' notice, the Executor has the right to withhold a part of the amount for the actual expenses.
5.4. In case of the Customer’s lateness, the time of lateness shall be deducted from the time allotted for the consultation.
5.5. In case of impossibility of rendering the Services by the Executor, arising due to the Customer’s non-visitation of the place of rendering the Services, the Services are subject to payment in full.
5.6. In case the Customer refuses the Executor’s Services after the beginning of receiving the Service, the Executor has the right to withhold a part of the sum for the actual expenses.
5.7. In case of impossibility of rendering the Services by the Executor in person on the basis of clause 12 of this Agreement, the Executor renders these services remotely online (if there is a technical possibility).
6. Order of delivery-acceptance of services
6.1. The services are considered to be rendered properly and in full, if within three working days from the moment of the end of the services rendering the Customer has not made a complaint. In case of absence of a claim, the acceptance certificate of completed works (services) shall be deemed signed and the services shall be deemed duly rendered. In case of partial or full refund of the Customer’s complaint, the Contractor cannot further provide its services or information products to the Customer.
7. Cost of Services
7.1. The total cost of the Services is calculated from the cost of the Services and/or Programs selected by the Customer and published on the Website and chosen by the Customer.
7.2. The total cost of the already paid Services cannot be changed unilaterally, but only by signing an additional agreement to the Agreement.
7.3. The Contractor may unilaterally change the cost of the Services before they are paid by the Customer, without any warnings and announcements by publishing the new cost on the Site/s.
7.4. In case of prepayment for the Service, the cost is fixed on the day of payment and the Service is rendered at the cost fixed on the day of payment.
7.5 The Contractor has the right to establish at its discretion discounts, bonuses and/or offer any incentive programs, the conditions of which the Contractor publishes on the Website or offers personally.
7.6. If the Customer fails to make an advance payment for the Executor’s Services not later than 7 (seven) days prior to the date of commencement of the Services, the Executor has the right not to provide the Service to the Customer.
7.7. The
Services are considered paid by the Customer from the moment of receipt by the Executor: 7.
7.1. confirmation
from the
bank about receipt of the payment amount to the Executor’s settlement account;
7.7.2. confirmation of payment from the Payment system, through which the payment was made. 8.
8.
8.1 The payment for the Services under the Contract is made in the order of 100 (one hundred) percent prepayment before the beginning of the lessons or course of lessons, unless otherwise specified on the Website in the description of the lesson or course of lessons.
8.2 Methods of payment under the Agreement:
— remotely by bank card by paying the invoice issued by the Contractor through payment acceptance systems;
— transfer by the Customer of funds in the currency of the Russian Federation (ruble) to the settlement account of the Contractor.
In this case the Customer’s obligations in terms of payment under the Contract are considered to be fulfilled from the day of crediting the funds to the Executor’s settlement account.
9.3 Return of
cash funds 9.3.1 The return of cash funds shall be made to the following address: 129 226, Moscow, vn.tkr.g. municipal district Rostokino, Mira avenue, 131, room. 3/1 (hereinafter — the Company), the Company’s website:
in-consult.agency on the basis of the application for refund.
9.3.2 In order to return the money to the bank card, the Customer shall fill in the "Application for refund", a scanned copy of which shall be sent to the Contractor’s e-mail address
info@in-consult.agency. The Executor refunds the money no later than 5 (five) working days from the date of submission by the Customer of the corresponding original of the Application for refund.
9.3.3 In order to refund the money funds, erroneously credited to the Company’s settlement account by means of payment systems, the Customer should apply with a written application and attach a copy of the passport and checks/receipts confirming the erroneous crediting.
10. Guarantees and liability of the
Parties 10.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under the Contract in accordance with the legislation of the Russian Federation.
10.2 The Executor shall not be liable for the inability to provide services to the Customer for reasons related to the failure of the Internet channel, equipment or software.
10.3 The Contractor shall not be liable for inconsistency of the obtained result with the Customer’s representations.
10.4 The Customer is responsible for the correctness and timeliness of the information provided and payments made by the Customer.
10.5 In case the Client violates any of the terms and conditions of this Agreement, the Contractor shall be entitled to unilaterally terminate this Agreement and withhold the money paid by the Client as actually incurred expenses.
10.6 The Executor is not responsible for the Customer’s accommodation in the city where the Service is rendered.
10.7 The Customer is responsible for his compliance with the requirements of the legislation, including the legislation on copyright (in particular Articles 1255−1259, 1301−1302 of the GF RK, but not limited to the above mentioned), on intellectual property (in particular Articles 1255−1230, 1250−1254 of the Civil Code of the Russian Federation, but not limited to the above mentioned), but not limited to the above mentioned.
10.8 The Company does not guarantee the absence of malfunctions and errors in the operation of the Website.
10.9. The Company publishes information about the services on its official website
in-consult.agency11. Grounds and order of termination of the Agreement
11.1 The Agreement may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds provided for by the legislation of the Russian Federation and this Agreement.
11.2 The Contract shall be unilaterally terminated at the initiative of the Customer only upon written request of the Customer containing a detailed report with a list of grounds for termination of the Contract-Offer, within 30 calendar days from the date of receipt of such request by the Party.
11.3 Termination of the Agreement unilaterally at the initiative of the Customer shall be made subject to payment to the Contractor of the expenses actually incurred by the latter for rendering the Services and full compensation for all losses incurred by the Contractor related to the Customer’s refusal to execute the Agreement.
11.6 Termination of the Contract unilaterally on the initiative of the Contractor shall be made on condition of full compensation of real losses to the Customer less actually incurred expenses of the Contractor in accordance with the legislation of the Russian Federation.
12.
Settlement
of disputes from the Contract
12.1 The claim procedure of pre-trial settlement of disputes from the Contract is not obligatory for the Parties.
12.2 Claim letters shall be sent by the Parties by hand or by registered mail with a notice of delivery to the addressee at the location of the Parties.
12.3 The term of consideration of the letter of claim is 30 working days from the date of receipt of the letter of claim by the addressee.
12.4 Disputes arising out of the Contract may be settled in court in accordance with the laws of the Russian Federation.
12.5 Procedure for sending claims.
12.5.1 All disputes, disagreements and claims that may arise in connection with the execution, termination or invalidation of the terms of this Agreement-Offer, the parties will seek to resolve through negotiations. The party, which has claims and/or disagreements, shall send to the other party a message indicating the claims and/or disagreements.
12.5.2 The specified message is sent by the Customer by e-mail to the address
info@in-consult.agency, as well as sent to the Contractor in writing by sending by registered mail with a notice of delivery with an inventory of attachments. The message shall contain the essence of the claim and evidence supporting the claim.
12.5.3 Within 30 (thirty) business days from the date of receipt of the original of the said notice, the Party that received it is obliged to send a response to the notice.
12.5.4 In case the Parties fail to reach an agreement on the arisen claims and/or disagreements, the dispute shall be submitted for consideration to the court of general jurisdiction at the location of the Contractor.
13. Force Majeure
13.1. The Parties shall be released from liability for full or partial non-fulfillment of obligations under the Contract in case the non-fulfillment of obligations was a result of force majeure, namely: fire, flood, earthquake, strike, epidemics, war, actions of public authorities or other circumstances beyond the control of the Parties.
13.2 The Party, which cannot fulfill its obligations under the Contract, shall timely, but not later than 14 calendar days after the occurrence of force majeure circumstances, notify the other Party in writing, with the provision of substantiating documents issued by competent authorities.
13.3. The Parties recognize that insolvency of the Parties is not a force majeure circumstance.
14. Other Conditions
14.1. The Parties recognize that if any of the provisions of the Contract becomes invalid during the term of its validity due to changes in the legislation of the Russian Federation, the remaining provisions of the Contract shall be binding upon the Parties during the term of validity of the Contract.
14.2 Information and consulting services, including in the form of coaching business games, one-time lectures, consultations, trainings, exhibitions, conferences, master classes, seminars, webinars and other types of training not accompanied by final certification and issuance of educational documents are not educational activities and are not subject to licensing.
14.2 By agreeing to the terms of this Agreement, the Customer confirms his understanding that the systems and techniques used in the Services are individual and the result of each individual participant may differ significantly.
14.3 The Parties acknowledge proper signing of the Agreement, reports, acts, additional agreements by exchange of scanned copies by e-mail, as well as by means of facsimile and other ways of signing documents, including by means of special programs. Such documents shall be considered to be signed by a simple electronic signature and shall be equal to documents on paper.
15. Contractor’s requisites and contact information
OTHER LIMITED LIABILITY COMPANY "IN-CONSULT" Ltd.
OGRN
1 237 700 828
914
TIN
9 717 148 889
KPP
771 701 001
Legal address
129 226, G. MOSCOW, VN.TER.G. MUNICIPAL DISTRICT ROSTOKINO, MIRA PRKT, D. 131, POEMSH. 3/1
Bank details
Account number: 40 702 810 202 810 007 552
TIN: 9 717 148 889
KPP: 771 701 001
Bank: ALFA-BANK JSC
Correspondent account: 30 101 810 200 000 000 000 000
BIK: 44 525 593
e-mail
:
info.inconsult.pro@gmail.com
website
https://in-consult.agency