OFFER AGREEMENT on the provision of information and consulting services This Agreement in accordance with Article 437 of the Civil Code of the Russian Federation is a public offer of the Individual Entrepreneur Evgenia Nikolaevna Volyanskaya (hereinafter – "Performer") for concluding an Agreement for information and consulting services, addressed to any individual possessing full legal capacity in accordance with the current legislation of the Russian Federation, who accepts this offer on the terms below (hereinafter – "Customer"). The text of the Agreement is placed in open access on the Performers' Internet site https://volyanskaya.com (hereinafter – "Site"). Performers have the right to unilaterally change and supplement the terms of the Agreement. New terms come into force from the moment of their publication on the Site. Acceptance of the offer in accordance with Article 438 of the Civil Code of the Russian Federation is carried out by paying for services in the manner specified in this Agreement. At the same time, if the Agreement provides for installment payment, acceptance is recognized as making the first payment in such installment. By accepting the offer, the Customer: ● guarantees that he possesses full legal capacity necessary for making transactions in accordance with the current legislation of the Russian Federation; ● expresses consent to the processing of personal data on the terms and methods specified in this Agreement and the Performers' Privacy Policy posted on the Site; ● confirms that he is familiar with and agrees with the terms of this Agreement, fully and unconditionally accepts them. 1. SUBJECT OF THE AGREEMENT 1.1. The subject of this Agreement is the paid provision by the Performer of information and consulting services in the form of group and/or individual consultations, lectures, trainings, seminars and other events (hereinafter – "Services"), which the Customer undertakes to accept and pay for in the manner and on the terms provided for by this Agreement. 1.2. The name, list, place, form of implementation, terms, cost and other conditions for the provision of Services are determined on the Site and are an integral part of this Agreement. 1.3. Services under this Agreement are of an exclusively information and consulting nature and are not educational. The Performers are not required to have a special permit (license) to provide Services. Services are not accompanied by final attestation or other form of knowledge or skills testing of the Customer. Upon completion of the provision of Services, the Customer may be issued a document confirming the fact of receipt of certain Services, which, regardless of the name indicated in it, is not a diploma, certificate, certificate or other form of confirmation of the Customer receiving any specialty, qualification, knowledge, skills or abilities. 2. ORDER OF PROVISION AND ACCEPTANCE OF SERVICES 2.1. On the corresponding Site page, the Performers indicate the conditions for providing Services. The Customer fills out the proposed Site form for requesting such a Service. In case of successful filling of the application, the Customer gets into a special Site section where the possibility of paying for this Service is implemented. 2.2. Having made payment for Services in the manner specified on the Site, the Customer accepts (accepts) the offer. The fact of payment is confirmed by sending the Customer an electronic cash receipt or other similar electronic document, for which the Customer hereby expresses consent to receive such a document to the address of his e-mail and/or SMS message to the number of his mobile phone, which he indicates in the Service request form. 2.3. The date and time of provision of Services, or the procedure for their determination, are indicated by the Performers on the corresponding Site page. The Customer undertakes to appear at the place of provision of Services at the proper time and take part in the corresponding event. The time and place of provision of Services may be changed by the Performers, about which they undertake to notify the Customer in advance by posting relevant information on the Site or sending a message to the Customer. If otherwise not directly indicated by the Performers on the corresponding Site page, changing the time and place of provision of Services at the Customer's request is not made. 2.4. In case of the Customer's failure to appear at the place of provision of services at the established time, or other impossibility of execution arising due to reasons depending on the Customer, such Services are not rescheduled to another time and are subject to payment in full volume. 2.5. The Parties do not sign an Act of acceptance and transfer of Services after completion of their provision. If within 5 (Five) days after completion of provision of Services the Customer does not send the Performers a reasoned claim, the Services are considered provided properly and accepted by the Customer without remarks. 3. RIGHTS AND OBLIGATIONS OF THE PARTIES 3.1. The Customer undertakes: 3.1.1. When filling out the application for the provision of Services, provide the Performers with complete and reliable information about himself. 3.1.2. Pay for Services in the established manner. 3.1.3. Accept Services in the manner specified in this Agreement, including participate in events in accordance with the conditions for providing the relevant Service. 3.1.4. During the provision of Services, follow the instructions and directions of the Performers aimed at achieving the individual or group result of the relevant event, as well as possible independent and homework assignments. 3.1.5. Comply with the rules established by the Performers and generally accepted norms of behavior during the provision of Services. 3.1.6. Treat the Performers' property with care. 3.1.7. Not make audio, video recording, photography or broadcasting by any technical means of the process of providing Services, as well as reproduction (copying) of materials provided by the Performers as part of providing Services. 3.1.8. Not disseminate, not publish, not broadcast on air or by cable, not bring to public attention, including on the Internet, not transmit by any means to third parties materials provided by the Performers under this Agreement, and also not create own information and other products based on such materials. For violation of clause 3.1.8 of the Offer Agreement, liability is provided in accordance with the legislation of the Russian Federation. 3.2. The Performers undertake: 3.2.1. Organize and ensure proper provision of Services. 3.2.2. Use personal data and other information obtained about the Customer exclusively for the purpose of providing Services. 3.3. The Customer has the right: 3.3.1. Receive information from the Performers related to the provision of Services. 3.3.2. Demand proper and timely provision of Services by the Performers. 3.4. The Performers have the right: 3.4.1. Independently determine the forms and methods of providing Services. 3.4.2. Attract third parties to provide Services, independently determine the personal composition of specialists providing Services. 3.4.3. Demand payment for Services. 3.4.4. Receive from the Customer information necessary to fulfill their obligations under the Agreement. In case the Customer provides incomplete or unreliable information, the Performers have the right to suspend the fulfillment of their obligations under the Agreement until the necessary information is provided. 3.4.5. In case of the Customer's failure to comply with the instructions and/or rules of the Performers, sabotage of the event processes and other behavior of the Customer that hinders the proper provision of Services, the Performers have the right to remove the Customer from a single event or a series of events as part of providing Services. In this case, payment for such Services is not returned to the Customer, but is withheld by the Performers as a penalty for violation of the Customer's obligations. 3.4.6. Carry out audio, video recording, photography and broadcasting by any technical means of the process of providing Services. Exclusive rights to the results obtained from these actions belong to the Performers. By accepting the offer, the Customer grants the Performers permission to use his image obtained as a result of these actions by the Performers. The Performers have the right to use the Customer's image in information, advertising materials and products dedicated to the Services. 3.4.7. Send the Customer letters, notifications, messages, including SMS messages, of an informational and advertising nature about the Performers' Services and other messages. Hereby the Customer expresses consent to receive such messages. The Customer may at any time revoke this consent by sending the Performers a corresponding notification, in which case the Customer assumes the risks of negative consequences associated with not receiving necessary information about the Services. 4. COST OF SERVICES AND PAYMENT PROCEDURE 4.1. The cost of Services and the payment procedure are indicated by the Performers on the Site. The cost of Services is not subject to VAT based on Chapter 26.2 of the RF Tax Code. The Performers have the right to establish and apply a discount system or special prices for certain categories of persons. 4.2. Payment for Services is made by the Customer by bank card through the payment tools of the Performers' Partner Bank, presented in a special section of the Site, or (Payment processing is carried out by the Performers' Partner Bank. The name, details and other necessary information about the Performers' Partner Bank is posted on the corresponding Site page) or by payment in cash. Upon cash payment, a cash receipt is issued to the Customer. At the Customer's request, this cash receipt may be sent to the e-mail address specified by the Customer. The cash receipt issued to the Customer is confirmation of the payment made by the Customer, which the parties recognize as acceptance of this offer. 4.3. The moment of payment is considered the moment of receipt of funds to the Performers' settlement account. 4.4. The Customer is responsible for the correctness of the payments made by him. 4.5. The Customer has the right to refuse the provision of Services by the Performer in cases specified in clause 6.4 of this Offer Agreement. 4.6. To return funds for Services, the Customer has the right to contact the Performer using the contact details specified in the "Contact" section in the upper right corner of the Site. To speed up the refund process, the Customer must personally write an Application indicating to the Performer the reasons for the refund of funds, as detailed, reliable and complete data and details as possible for making the refund. 4.7. The period for consideration by the Performer of the User's request to refuse the Offer and return of funds is up to 10 (Ten) working days from the moment the Performer records the Customer's request. This period does not include the period for returning funds to the Customer's settlement account by the bank servicing the Performer. 4.8. The refund is made in the same manner as the payment was made by the Customer and in the amount of the actual cost of the Services paid by the Customer, minus the actual cost of the Services actually provided by the Performer to the Customer, as well as the expenses incurred by the Performer.
5. INTELLECTUAL PROPERTY 5.1. All materials provided to the Customer as part of the provision of Services, including those demonstrated, published, sent to the Customer by e-mail or other means of communication, handed over on physical media and in other ways, are objects of exclusive rights of the Performers and the respective rightholders. The Customer has the right to use said materials exclusively by means of personal familiarization, viewing, listening, reading. 5.2. None of the provisions of this Agreement grant the Customer the right to use the trade name, trademarks, domain names and other means of individualization of the Performers and the Services provided. 6. LIABILITY OF THE PARTIES AND FORCE MAJEURE 6.1. In case of non-fulfillment or improper fulfillment of the obligations assumed, the Parties bear responsibility provided for by the current legislation of the Russian Federation. 6.2. In case of violation of the payment deadline for Services, the Customer, upon written demand of the Performers, pays the latter a penalty in the amount of 0.1% (One tenth of a percent) of the debt amount for each day of delay. 6.3. In case of violation of the payment deadline agreed by the Parties, the Performers have the right to suspend the provision of Services until receipt of the corresponding payment in full, while Services not provided on time due to such suspension are not rescheduled to a new date. 6.4. The Parties are released from liability for full or partial non-fulfillment of obligations under the Agreement if the non-fulfillment of obligations was a consequence of force majeure circumstances, namely: fire, flood, earthquake, strike, war, actions of state authorities or other circumstances independent of the Parties. 6.5. The Party affected by force majeure circumstances must timely, but no later than 5 (Five) calendar days after the occurrence of said circumstances, notify the other Party in writing, providing supporting documents issued by competent authorities. Otherwise, such Party loses the opportunity to refer to said circumstances as a basis for release from liability.
7. DISPUTE RESOLUTION PROCEDURE 7.1. All disputes or disagreements arising between the Parties under the Agreement shall be resolved through negotiations in compliance with the mandatory claims procedure. The claim is drawn up in writing and sent to the other Party by any means that allows reliable establishment of the fact of its receipt. The claim must be considered by the Party receiving it within 10 (Ten) working days from the date of its receipt. 7.2. In case of impossibility of resolving disagreements through negotiations, the disputes are subject to consideration in the court at the location of the Performers in the manner established by the current legislation of the Russian Federation. 8. TERM OF THE AGREEMENT 8.1. The Agreement enters into force from the moment of acceptance of the offer by the Customer and remains in effect until the Parties fully fulfill their obligations. 8.2. The Customer has the right at any time to refuse to fulfill the Agreement by sending the Performers a corresponding written notice and compensating the Performers for the expenses incurred. 8.3. The Parties have agreed that the Customer's right to refuse the Service/stage of Services less than 6 (Six) working days before the start date of such Service/stage of Services is conditional upon the necessity to pay the Performers a monetary amount equal to the cost of the Service/stage of Services not provided due to the Customer's refusal. If the Service was paid in advance, the prepayment amount is credited against said monetary amount. 9. DISCLAIMER OF WARRANTIES AND LIABILITY 9.1. The Performers do not guarantee to the Customer the compliance of the Services with the Customer's specific purposes. 9.2. The Performers are not liable for losses or other consequences arising as a result of actions performed by the Customer based on information and consultations obtained during the provision of Services. 9.3. Hereby the Customer agrees that any actions, instructions and assignments performed and carried out by him during the provision of Services, including at the direction of the Performers, the Customer performs and carries out exclusively at his own risk and under his own responsibility. In case the Customer has any concerns about the occurrence of adverse consequences from performing or executing such actions, instructions or assignments, the Customer must refuse the Services. 10. FINAL PROVISIONS 10.1. In all other respects not provided for by this Agreement, the Parties are guided by the current legislation of the Russian Federation. 10.2. Correspondence under the Agreement, including the exchange of information necessary for the provision of Services, clarification of details (working issues) of the provision of Services, sending messages, requests, notifications and materials may be carried out by e-mail. The proper e-mail address of the Performers is indicated in Section 11 of the Agreement; the Customer indicates his proper e-mail address in the Service request form filled out on the Site. 11. PERFORMERS' DETAILS AND CONTACT INFORMATION Limited Liability Company P/E «Volyanskaya Evgeniya»
8 Podsosensky Lane, Building 3, Apt. 41, Moscow, Russia ИНН 772819103609 ОГРНИП 304770000028241 Р/с 40802810238000306910 в ПАО Сбербанк К/с 30101810400000000225 БИК 044525225
Email: ev@evolution.place Phone. 8-999-771-60-26
Terms of the offer agreement and personal data processing policy
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