Contract offer
AGREEMENT - OFFER
with execution on demand (subscription agreement),
to grant the right to receive paid educational services
|
Russian Federation, Moscow city |
April 11, 2024 |
Individual entrepreneur Roman Borisovich Vasiliev, OGRN: 311671228000049; INN: 671205734453, this public offer invites any individual or legal entity, as well as individual entrepreneurs, to enter into an offer agreement with execution on demand (subscription agreement) for the right to receive paid educational services.
In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), in case of acceptance of the conditions set out below and payment for services, the person accepting this Offer Agreement becomes the Client (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of the offer is equivalent to the conclusion of an agreement on the terms and conditions set out in the offer). In connection with the above, carefully read the text of this Agreement, and if you do not agree with any clause of the Agreement, the Contractor invites you to refuse any actions necessary for acceptance.
TERMS AND DEFINITIONS:
Acceptance – full and unconditional acceptance of the terms of this Agreement, carried out in the ways established by clause 1.3.2. Agreement.
Client verification is a set of actions aimed at identifying the Client as a person who accepted the Agreement and received the right to receive services in accordance with the selected Tariff.
The Contractor's time is Moscow time (UTC+3).
Agreement, this Agreement is a public offer (Offer) to any individual or legal entity, as well as individual entrepreneur, to enter into an Agreement with execution on demand (subscription agreement) for the right to receive paid educational services on the terms set out below.
A document is an electronic file with legally significant information recorded in it in text and/or media formats, their combination, including the mandatory details of the document, presented in Russian, accessible for study without the use of special non-legal (for example, technical, medical, financial) knowledge.
Identification data is a set of information provided by the Client during Verification and acceptance of the Agreement, which serves to determine the identity between the person holding it and the Client (Client verification).
Client – an individual, including one registered as an individual entrepreneur, as well as a legal entity that has acquired the right to receive Services in the manner provided for in this Agreement, confirmed by receipt of an electronic notification. For the purposes of fulfilling obligations under the Agreement, the Client is considered to be the person who accepted the Agreement, or a third party to whom the person who accepted the Agreement transferred the right to receive the Services (subject to the provisions of clause 4.4 below).
The period of provision of Services (subscription service period) is the period of time established by the Tariff plan during which the Client retains the right to receive Services.
Personal information of the Client - information relating to a specific Client or determined on the basis of such information, namely:
personal information that the Client provides about himself independently during Registration or in the process of using the Services, including the Client’s personal data;
data that is automatically transmitted during the use of the Services, including, but not limited to: IP, MAC, ICCID addresses, data or other unique data about the Client’s equipment, telephone numbers, regional codes, etc.;
other information about the Client, the collection and/or provision of which is determined and negotiated with the Client individually.
Payment – the amount of remuneration of the Contractor for providing the Client with the right to receive Services. The amount and frequency of its payment is determined by the Tariff.
Tariffs or Tariff Plan - standardized rules for the provision of services and their cost, which are annex to this Agreement (Appendix No. 1), providing for the period of provision of services, the number of classes that the Client can receive in accordance with this Agreement, and the detailed procedure for their provision.
Services (provision of paid educational services) - actions of the Contractor aimed at teaching the Client music, painting, dancing, sports and other areas as agreed by the Parties. The procedure for their provision depends on the type of Tariff chosen by the Client upon Acceptance of this Offer.
Electronic correspondence - electronic messages, documents, copies of documents or other tangible media containing information, as well as any other information transmitted via electronic means of communication.
1. GENERAL PROVISIONS
1.1. In accordance with this Agreement, the Contractor provides the Client, who has paid the Fee provided for in the Tariff, with the rights to receive Services, the terms and procedure for the provision of which are specified in Appendix No. 1 to this Agreement.
1.2. The period of service provision is determined depending on the selected Tariff.
1.3. The Client concludes this Agreement by performing the following actions (acceptance of a public offer):
1.3.1. Filling out an Application for concluding an agreement on the website specified in Section 9 “Contractor” of this Agreement, or on social networks on the Contractor’s page, or directly at the Contractor’s location (in the latter case, filling out is carried out by an employee of the Contractor), containing the data of the person who filled it out, having a unique number and uniquely identifying the person submitting it as the Client.
1.3.2. Confirmation by a person of agreement with the terms of this Agreement (and thus obtaining the status of a Client) can be carried out by any of the methods specified in this clause 1.3.2.
1.3.2.1. Payment of the Fee for the right to receive Services in accordance with the Tariff selected when submitting the application. The Payment can be made in any of the ways provided for in clause 2.5. of this Agreement, while by paying the Fee, including by clicking the “pay” button, the person agrees with the terms of this Agreement and the rules set out in Appendix No. 1, that is, he makes Acceptance and becomes a Client.
1.3.2.2. If the Client has not previously confirmed his consent to the terms of this Agreement, attending the first paid (not free trial) lesson confirms the person’s agreement with the terms of this Agreement and the rules set out in Appendix No. 1, that is, the implementation of Acceptance and the acquisition of Client status.
1.4. This Agreement is considered concluded and comes into force after 24 hours from the date of payment by the Client. The fee is paid in the amount of 100% of the fee provided for in the relevant Tariff chosen by the Client (another procedure for making the Fee is possible in accordance with the rules of a particular Tariff). The date of payment of the Payment is considered to be the date of crediting funds to the Contractor's current account, or depositing them into the Contractor's cash desk (if there is an agent, to the Contractor's agent's cash desk), or the date of transfer of funds to the Contractor's courier (if the Contractor has such an opportunity). When making an incomplete payment, the period during which the Client can exercise his right to receive Services is calculated based on the ratio of the amount actually paid, on the one hand, and the cost of one day, provided for in the relevant Tariff.
1.5. The currency of the agreement is the Russian ruble.
2. CONDITIONS FOR PROVIDING THE RIGHT TO RECEIVE SERVICES
2.1. To be granted the right to receive Services, the Client must leave an Application in the form posted on the website at the address specified in Section 9 “Contractor” of this Agreement. When filling out an Application, all reference information can be obtained by calling the phone number specified in the column “Section 9 “Contractor”” of this Agreement.
2.2. To complete the Application, the Client must provide the data specified in clause 3.2. Agreement.
2.3. The Contractor confirms receipt of the Application by sending an email to the Client's email address specified when submitting the Application, and/or an SMS message to the contact phone number, assigns a number to the Application and issues an invoice.
2.4. The Client pays the Fee under this Agreement in the amount provided for in the relevant Tariff chosen by the Client when submitting the application.
2.5. Payment is made in one of the following ways:
• by payment by electronic money;
• by paying through payment terminals or Internet banking;
• by payment to the Contractor's bank account;
• by other means by prior agreement with the Contractor.
In case of making a payment using a bank card, the Client is recommended to use a bank card issued in the name of the Client. In the case of a refund of paid funds, the refund is made using the same details by which the payment was received, and on the basis of a personal application from the person in whose name the bank card was issued. Payment will not be accepted if a violation by the Client of the terms of payment established by this Agreement and the legislation of the Russian Federation is detected.
2.6. BY ACCEPTING THIS AGREEMENT, THE CLIENT GIVES freely, of his own will and in his own interest, written CONSENT to the CONTRACTOR to process the personal data provided by the Client. In particular, consent to any actions (operation) or set of actions (operations) performed using automation tools or without the use of such means with the provided personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction. Consent is issued for the purpose of concluding and fulfilling by the Contractor the obligations assumed by him to the Client and arising by virtue of the acceptance of this Agreement and in relation to the following personal data: Last name, first name, patronymic; E-mail address; Home contact (mobile) numbers. By giving consent, the Client agrees and allows the Contractor to transfer the above personal data to the Contractor's Partners using public networks and international information exchange, using cross-border data transfer on the territory of foreign countries, including in the event that these countries do not provide adequate protection of rights subjects of personal data. The client is notified that in accordance with paragraphs. 2 clause 2. art. 22 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” The Contractor has the right to carry out, without notifying the authorized body for the protection of the rights of personal data subjects, the processing of personal data received by the Contractor in connection with the conclusion of an agreement to which the subject of personal data is a party, if personal the data is not distributed, nor provided to third parties without the consent of the subject of personal data and is used by the Contractor solely for the execution of the specified agreement and the conclusion of contracts with the subject of personal data. Personal data may be processed indefinitely. Consent is considered revoked in the event of early termination of this Agreement for any reason or in the event that the Client refuses consent to the processing of personal data.
3. CLIENT VERIFICATION PROCEDURE
3.1. Verification is aimed at identifying a person as a Client who has accepted the Agreement and expressed a desire to acquire the right to receive subscriber Services within the framework of the selected Tariff.
3.2. A person wishing to acquire the right to receive Services fills out the Application form located on the Internet on the website specified in Section 9 “Contractor” of this Agreement, on the Contractor’s pages on social networks, or provides the necessary data in person at the Contractor’s location (to the administrator ). Information provided by the Person: Last name, first name, patronymic, contact phone number, email address.
3.3. After providing the information specified in clause 3.2. of the Agreement, an email confirmation (SMS message) of receipt of the application is sent to the email address specified as a contact when submitting an application from the Contractor’s email address specified in Section 9 “Contractor” (or to the specified contact telephone number). indicating the person from whom the application was received, the selected tariff plan, the unique number reserved, as well as attaching an invoice (link to the payment page) for payment of the appropriate fee. In this case, the account is assigned a number identical to the unique number reserved.
3.4. The person who received the email and/or SMS message provided for in clause 3.3. of the Agreement, or who submitted the application directly at the location of the Contractor, in order to confirm the validity of his expression of will and desire to accept the Agreement, pays the invoice (pays the Fee), which is an attachment to the email provided for in clause 3.3. Agreement, or pays the Payment through a bank terminal located at the location of the Contractor.
3.5. After the Payment is credited, as provided in clause 3.4. of the Agreement, a letter (SMS message) confirming the acceptance made on the basis of the application indicating the application number, the name of the person who made the acceptance, and the start time of the provision of Services is sent to the email address and/or telephone number specified as a contact when submitting the application. .
3.6. From the moment of sending the email (SMS message) provided for in clause 3.3. of this Agreement, the person is considered verified by the Contractor as a Client, while the Contractor proceeds from the understanding that until a judicial act that has entered into legal force establishes otherwise, the payment of a fee by such person as described in this article of the Agreement is sufficient confirmation of the validity of the will of such person to accept the Agreement, his powers, capacity and legal capacity, the validity of the Identification data specified during verification and acceptance of the Agreement.
3.7. By providing an email address and/or contact phone number, the Client confirms his consent to exchange electronic correspondence through open communication channels (Internet, fax).
3.8. Anonymous Requests to the Contractor with requirements for the provision of Services or other requirements are not processed.
4. PROCEDURE FOR PROVIDING SERVICES
4.1. The list and scope of specific Services provided to the Client are determined by the Tariff plan chosen by him.
4.2. The Contractor may establish additional Services provided under the relevant Tariff plans, information about which is communicated to the Client by posting on official websites, in information booklets, directories and other materials of the Contractor.
4.3. Services are provided in accordance with and on the basis of the law of the Russian Federation, including the principles and norms of international law, which are an integral part of the Russian legal system, as well as established law enforcement practice.
4.4. Services are provided to the Client personally or at his direction to third parties. The Initial Client (the person who accepted the Agreement) bears full and exclusive responsibility for familiarizing any third parties (the Client’s child, the Client’s employee, the person who has received the right to receive Services as a gift from the Client, and any others without limitation) with the provisions of this Agreement and accepting itself and such third party's compliance with the Client's obligations.
4.5. The validity period of the Tariff Plan begins on the earliest date:
4.5.1. Date of the first paid lesson under the relevant Tariff plan attended by the Client;
4.5.2. The expiration date of 2 (two) months from the date of the first payment (including partial payment) of this Tariff plan by the Client.
4.5.3. If the Client has purchased a second and subsequent Tariff Plans of the same category “Group Lessons” and/or “Individual Lessons”, the validity of such second and subsequent Tariff Plans begins to run on the next day after the expiration of the corresponding previous Tariff Plan of the same category (for the avoidance of doubt, the principle of adding up the validity period of Tariff plans of one category is used), except for cases where the Client, on his own initiative, began to use such a second and/or subsequent Tariff plan earlier than the date specified in this clause 4.5.3.
4.6. The parties hereby agree that if the Client, after 2 (two) months from the date of the first payment, has not selected a Tariff plan, the Client is considered to have chosen the tariff plan “8 group lessons for 19900”, and the validity of the specified Tariff plan begins within the period specified in this clause 4.6.
4.7. The format for the provision of Services in all cases is determined by the Contractor. Lessons provided for in the Tariff Plans may be conducted at the discretion of the Contractor both on the premises of the Contractor’s schools and online.
4.8. If at the time the Client paid for the Contractor's services, such services were provided by the Contractor only online, after the resumption of services in the Contractor's schools (offline), the Client has the right to attend the remaining number of lessons at his discretion online or in the Contractor's schools (offline) on the originally agreed terms and without the need to make any additional payments for any of these options.
4.9. The provision of Services by the Contractor may be suspended in connection with the performance of necessary repair and maintenance work, as well as in cases established by the legislation of the Russian Federation, of which the Client is notified in the manner approved by the Contractor.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Contractor undertakes:
5.1.1. Provide the necessary information to complete the Application for the right to provide Services. The information is posted on the Contractor’s website specified in Section 9 “Contractor” of this Agreement.
5.1.2. Provide advisory support regarding the services provided, the procedure and rules for completing the Application for
telephone or email specified in Section 9 “Contractor” of this Agreement.
5.1.3. Return paid funds to the Client in the amount of the difference between the Fee paid by the Client at the time of refusal of the right to further receive Services, and the cost of the right to receive Services (calculated based on the actual period of subscription service and the cost of subscription service per day), which has already been provided to the Client at the time of the Client’s refusal of further rights to receive Services. In this case, the cost of the right to receive Services per day is determined in accordance with the Tariff chosen by the Client. The Client’s refusal of further rights to receive Services is formalized in accordance with the rules provided for in this Agreement. Failure to submit a request for the provision of Services provided for in this Agreement does not constitute a waiver of the Client’s right to receive Services.
5.2. The performer has the right:
5.2.1. In case of non-payment (not payment in full) of the Payment, suspend the Client’s ability to exercise the right to receive Services until the Payment is paid in full.
5.2.2. If the Client refuses the further right to receive Services, recover from the Client the Contractor's expenses incurred by the latter in fulfilling the terms of this Agreement, estimated by the Parties in the amount of 5,000 rubles. Collection can be made by unilaterally deducting the cost of expenses from funds to be returned by the Contractor.
5.2.3. Terminate the contract with the Client unilaterally out of court in the event of inadequate and/or aggressive and/or incorrect and/or disrespectful behavior of such Client, including, but not limited to: communication with employees/representatives/contractors of the Contractor in a raised voice, use of obscene language, offensive words and/or expressions, appearing on the school premises in a state of alcohol, drug intoxication and/or any other state of altered consciousness without limitation, expressing threats in words or actions, and committing other, without limitation, actions that interfere with normal interaction and/or provision of services in the building schools or with employees/representatives/contractors by phone or instant messenger. In the event of such termination of the agreement, the Contractor shall return funds to the Client in the manner provided for in this Agreement.
5.2.4. Use the Client’s image in any formats (any video and photo without limitation), taken during online, offline classes, as well as any other events held by the Contractor (any without limitation concerts, master classes and other events of the Contractor) in any promotional materials and advertising materials of the Contractor, as well as for the production by the Contractor of any analytics of past classes and any other events at its discretion. The Client hereby gives the Contractor his consent to such use for a period of 5 years.
5.3. The client undertakes:
5.3.1. Independently and timely familiarize yourself with the Tariffs before submitting the Application, as well as with changes to the specified conditions, with the current version of the Agreement each time you visit the Site, after accepting the Offer.
5.3.2. When filling out the Application, fill in the required mandatory fields (in accordance with clause 2.2 of this Agreement) on the Application page indicating reliable information.
5.3.3. Make the Payment on the terms and in the amount provided for by the Tariff chosen by the Client, valid at the time of payment. Current Tariffs, as well as information about promotions (special offers) are posted on the website specified in Section 9 “Contractor” of this Agreement.
5.3.4. Immediately notify the Contractor of changes in your contact information in writing via contact e-mail.
5.3.5. Notify the Contractor in writing (including via contact e-mail) by sending to the Contractor a corresponding application, properly executed (the template is provided by the Contractor at the Client’s request) about the refusal of further rights to receive Services. In all cases, such a statement is provided to the Contractor in writing. In the absence of such a statement, the Contractor will not return funds. In any case, if the further right to receive Services is denied, the Client is obliged to reimburse the Contractor’s actual expenses, including all payment system fees charged when transferring funds to and from the Contractor’s account, determined by the Parties in clause 5.2.2. actual agreement. If the Client sends an application for refusal to further provide Services, the last day for the provision of services by the Parties is the day of receipt of such refusal, if the application was received by the Contractor before 18.00. (Moscow time) or from the day following the day the Contractor receives the Client’s application to refuse further provision of Services, if such a statement was received by the Contractor after 18.00. (Moscow time).
5.3.6 Notify the Contractor of the impossibility of attending the lesson for which
The client has previously signed up (scheduled), including a trial lesson, no later than 12 hours before the start of such a lesson. In the absence of notification of the inability to attend a lesson or receipt of such notification later than 12
hours before the start of the lesson The lesson is considered used (attended) by the Client, the number of remaining classes in the Client’s subscription is reduced accordingly.
5.4. The client has the right:
5.4.1. For the Contractor to provide services of appropriate quality.
5.4.2. Require the Contractor to comply with the terms of this Agreement.
5.4.3. To receive the necessary and reliable information about the Contractor and the services it sells.
5.4.4. Require the Contractor to promptly inform the Client that circumstances depending on the Client may reduce the quality of the service provided.
6. RESPONSIBILITY OF THE PARTIES
6.1. In cases of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties are liable in accordance with the legislation of the Russian Federation, taking into account the terms of this Agreement.
6.2. The Contractor shall not be liable in the event of improper execution of this Agreement, if the improper execution was the result of unreliable, insufficient or untimely information provided by the Client, as well as due to other violations of the terms of this Agreement by the Client.
6.3. The Contractor is not responsible for the failure of the service provided to meet the Client’s expectations and/or for his subjective assessment; such a discrepancy with expectations and/or a negative subjective assessment are not grounds to consider the services provided to be of poor quality, or not in the agreed volume, just as the opinions of third parties (including employees of government agencies) that differ from the opinion of the Contractor (its employees) are not such grounds and/or partners).
6.4. The Contractor is released from liability for complete or partial failure to fulfill obligations under this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure ).
6.5. The Client undertakes to provide accurate information when completing the Application.
6.6. If the Client, for reasons beyond the control of the Contractor, did not exercise the right to provide Services and did not notify the Contractor of his desire to waive the further right to provide Services in the manner provided for in this Agreement, the right is considered granted to the extent provided for in the relevant Tariff specified by the Client when submitting an Application for the conclusion of this Agreement.
7. DISPUTE RESOLUTION
7.1. All disputes and disagreements arising in connection with the execution of this Agreement are resolved by the Parties through negotiations.
7.2. In case of failure to reach agreement between the Parties, all disputes are considered in court in accordance with the legislation of the Russian Federation.
8. OTHER CONDITIONS
8.1. This Agreement is valid until the Parties fulfill all obligations. All Annexes are an integral part of this Agreement.
8.2. The Application completed by the Client, which is filled out on the Contractor’s website, is an integral part of this Agreement.
8.3. In all other respects that are not provided for in this Agreement, the Parties will be guided by the current legislation of the Russian Federation.
8.4. The Client confirms that all the terms of this Agreement are clear to him and he accepts them unconditionally and in full.
9. PERFORMER:
INDIVIDUAL ENTREPRENEUR VASILIEV ROMAN BORISOVICH
Requisites:
TIN 671205734453
OGRN 311671228000049
Current account: 40802810300002574716
Bank: JSC TINKOFF BANK
BIC: 044525974
Corr. account: 30101810145250000974
Contact details:
Website: https://vgroove.ru/
Contact phone: +7 (495) 151-08-10
Email address email for inquiries: school@vgroove.ru
Email address email from which confirmation of acceptance of this agreement and a link to the offer agreement itself comes: school@vgroove.ru
Appendix No. 1
to the AGREEMENT - OFFER
with execution on demand (subscription agreement),
to grant the right to receive paid educational services
from 04/11/2024
"APPROVED"
Individual entrepreneur
Vasilyeva R.B.
April 11, 2024
Rates
to grant the right to receive
paid educational services
|
Name tariff |
Subscription term service (in days) |
Price for one day (indicated in rubles) |
Maximum quantity classes (pcs.) |
Duration 1 lesson (indicated in minutes)* |
Full cost (indicated in rubles) |
|
Group classes |
|||||
|
Without discount |
|||||
|
4 group lessons for 12900 |
28 |
461 |
4 |
60 |
12900 |
|
8 group lessons for 19900 |
28 |
711 |
8 |
60 |
19900 |
|
16 group lessons for 35900 |
56 |
641 |
16 |
60 |
35900 |
|
48 group lessons per 95900 |
168 |
571 |
48 |
60 |
95900 |
|
8 lessons Children's ensemble |
28 |
568 |
8 |
45 |
|
|
Group classes |
|||||
|
With discount |
|||||
|
4 group lessons for 10900 |
28 |
353 |
4 |
60 |
10900 |
|
8 group lessons for 17900 |
28 |
568 |
8 |
60 |
17900 |
|
16 group lessons for 30900 |
56 |
534 |
16 |
60 |
30900 |
|
48 group lessons per 84400 |
168 |
449 |
48 |
60 |
84400 |
|
8 lessons Children's ensemble |
28 |
460 |
8 |
45 |
12900 |
|
Individual sessions |
|||||
|
Without discount |
|||||
|
1 individual lesson |
7 |
714 |
1 |
60 |
5000 |
|
5 individual lessons |
20 |
1000 |
5 |
60 |
20000 |
|
10 individual lessons |
42 |
833 |
10 |
60 |
35000 |
|
Individual sessions |
|||||
|
With discount |
|||||
|
1 individual lesson |
7 |
500 |
1 |
60 |
4000 |
|
5 individual lessons |
20 |
750 |
5 |
60 |
18000 |
|
10 individual lessons |
42 |
714 |
10 |
60 |
32000 |
*At the discretion of the Contractor, classes can be held for 45 minutes for children under 12 years of age.
