Privacy policy

PUBLIC OFFER AGREEMENT

for the provision of sketchnoting training services

The present public agreement (hereinafter referred to as the “Agreement”) defines the procedure for the provision of training services on the online sketchnoting course, hereinafter referred to as the “Services”, as well as mutual rights, obligations and the procedure for the relationship between the Sole Proprietor Shilina Ekaterina Mikhailovna (Registration Certificate 193342986 of 18/11/2019), hereinafter referred to as the “Contractor”, and the customer of the services, hereinafter referred to as the “Customer”, who has accepted the public offer to conclude the present Agreement.

 

  1. DEFINITIONS USED IN THE CONTRACT

For the purposes of this offer, the following terms and definitions are used in the following meaning:

Agreement – an agreement between the Customer and the Contractor for the provision of training services on the online sketchnoting course, which is concluded by paying for the offer.

Offer – the present document, a public contract. The publication (placement) of the text of a public agreement on the website is a public offer addressed to a wide range of persons in order to provide certain types of services (clause 2, Article 407 of the Civil Code). The moment the Contractor receives the Customer’s acceptance is considered to be their payment for the course (clause 3, Article 408 of the Civil Code). By accepting this offer, the Customer accepts and agrees to the terms.

Offer acceptance – full and unconditional acceptance of the offer by performing the actions specified in clause 5.2 of this Agreement. The fact confirming the conclusion of the public agreement on the part of the Customer is the submission of an application for the provision of services and the subsequent payment (clause 3, Article 408 in the Civil Code). By paying for the services, the Customer guarantees that they are already familiar with and accept all the terms of the offer in the form in which they are stated in the text, and are also familiar with the service cost, indicated on the Contractor’s website.

Customer – a person who paid for the offer and is a consumer of services under the concluded Agreement.

 

  1. SUBJECT OF THE AGREEMENT

2.1. The Contractor undertakes to provide services, and the Customer undertakes to accept the services rendered by the Contractor, and pay for them in the manner and on the terms specified in this Agreement.

2.2. The list of services that can be provided under this Agreement, the terms for the provision of services and other conditions determining the procedure for the provision of Services, as well as other information that is essential for the provision of services, is placed by the Contractor on the website.

2.3. The training is conducted using remote technologies on an online platform (software, which is a set of interconnected web services and modules that make up a single space for providing services to consumers on the Internet). The Customer receives a link to their e-mail address for authorization on the Contractor’s online platform, or registers independently specifying the authentication data (login and password).

  • Access to materials posted on the online platform is provided to the Customer for the duration of the course.

2.5.  The Contractor reserves the right to make changes to the present Public Offer Agreement, for which reason the Customer undertakes to familiarize themselves with the current version of the Agreement and other information before receiving the services.

 

  1. CONCLUSION OF AGREEMENT

3.1. This Agreement is a public agreement (Article 396 of the Civil Code), according to which the Contractor undertakes to provide services to an indefinite number of persons (Customers) who have applied for the specified services.

3.2. The publication (placement) of the text of this Agreement on the website is the Contractor’s public offer, addressed to an indefinite number of persons, to conclude the present Agreement (clause 2, article 407 of the Civil Code).

3.3. The conclusion of this Agreement is made by joining the Customer to this Agreement as a whole, without any conditions, exceptions and reservations (Article 398 of the Civil Code). Based on the foregoing, read the text of the Agreement offer carefully, and, in case of disagreeing with any clause of the offer, it is proposed that you refuse to use the service provided by the Contractor.

3.4. The fact confirming the acceptance of the Agreement terms by the Customer is the Customer’s payment for the services in the manner and under the conditions determined by this Agreement (clause 3 of Article 408 of the Civil Code).

3.5. The present Agreement, provided the procedure of its payment is observed, is considered concluded in a simple written form (clause 2, clause 3 in Article 404 and clause 3 in Article 408 of the Civil Code) and therefore does not require execution on paper and has full legal force.

3.6. This offer is valid in the version and on the terms existing at the time of payment.

3.7. Payment for the Services is made in accordance with the terms specified in clause 5 of this agreement.

 

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Contractor undertakes to:

4.1.1. provide the Customer with the Services in the amount and within the time frame agreed by the parties to this Agreement.

4.1.2. by placing on the website, provide the Customer with reliable information about the nature, volume of the Services provided, the place and ways of their provision, their cost and payment terms (if they differ from those specified in clause 5.2) as well as other information required the for the fulfillment of the terms of this Agreement.

4.1.3. immediately notify the Customer about the occurrence of force majeure circumstances that may affect the volume and quality of the Services provided by the Contractor by posting relevant information on the website no later than one calendar day before the term of the services;

4.2. The Contractor has the right to:

4.2.1. unilaterally make changes, additions to this Agreement, about which the Customer is considered duly notified from the moment the amended version of the Agreement is published on the website.

4.2.2. involve third parties to fulfill their obligations under this Agreement, as well as use the services/ works of third parties that ensure the possibility of providing the Services provided for in this Agreement.

4.3. The Customer undertakes to:

4.3.1. comply with the terms of the present Agreement.

4.3.2. pay for the service in accordance with the terms of this Agreement.

4.3.3. not to violate the intellectual rights of the Contractor to the results of intellectual activity belonging to them and provided to the Customer within the course, as well as to refrain from any actions that may damage the intellectual property of the Contractor.

4.3.4. not provide their account for use to third parties.

4.3.5. behave respectfully towards other visitors.

4.4. The Customer has the right to demand from the Contractor the proper provision of the Services in accordance with this Agreement.

 

  1. COST, PROCEDURE AND TERMS OF PAYMENT FOR SERVICES

5.1. The cost of services provided in accordance with this public offer is determined based on the type and price of chosen by the Customer service, information about which is published on the website.

5.2. The price of services under this Agreement is paid by the Customer on a 100% prepayment basis to the Contractor’s account (according to the details specified at the end of the contract) by means of bank transfer no later than 1 (one) banking day prior to the beginning of service provision.

5.3. All expenses of the Customer related to the transfer of funds to the Contractor are borne by the Customer.

5.4. Payment is considered made from the moment the corresponding amount of funds is credited to the Contractor’s account. The Contractor has the right to request confirmation of payment by sending a copy of the payment document to the email address.

 

  1. ORDER OF DELIVERY AND ACCEPTANCE OF SERVICES PROVIDED

6.1. The service is considered to be provided one month after the provision of access to the course materials.

6.2. The provision of services is confirmed by the act of acceptance and transfer of the services provided. It is sent by the Contractor to the Customer’s e-mail within 10 (ten) working days after the end of classes. If the Contractor does not receive written claims or signed certificates of acceptance of the services rendered within 5 (five) working days after sending the Customer the act of delivery and acceptance of the services rendered, the act is considered signed, and the services – properly rendered and accepted.

6.3. The Customer confirms and agrees that the Act on the provision of services in accordance with this Agreement can be drawn up by the Contractor alone (clause 1.1 of the Resolution of the Ministry of Finance of the Republic of Belarus №13 of 12/02/2018).

 

  1. LIABILITY OF PARTIES

7.1. The guilty Party is liable for non-fulfillment or improper fulfillment of its obligations under this Agreement in accordance with the current legislation, taking into account the specifics established by this Agreement.

7.2 Under the offer, the Contractor is not responsible for the discrepancy between the services actually provided and the Customer’s subjective expectations and ideas regarding such services.

 

  1. AGREEMENT DURATION AND PROCEDURE OF ITS TERMINATION

8.1. This Agreement is considered concluded from the moment of payment for the services by the Customer and is valid until the execution of the services provided by the Contractor.

8.2. The Сustomer unconditionally agrees that in case of termination of this Agreement in accordance with clause 7.2. of this Agreement, he loses the right to demand from the Contractor the refund of the amount paid as the payment for the services.

 

  1. OTHER CONDITIONS

9.1. By agreeing to this offer, the Customer gives his consent to processing of personal data provided by him when paying for the Course on the website of the organization when registering on the online platform or during the training, on the terms stipulated by the Organization’s policy in the field of personal data processing.

For the purposes of this Agreement, the parties understand personal data as any information related to the Customer, including, but not limited to: his last name, first name, patronymic, year, month, date and place of birth, address, profession, links to social network profiles and other information.

By agreeing with this offer, the Customer consents to the publication of their works produced during the training and their use in any way not prohibited by applicable law, under the terms of a simple non-exclusive license for the entire period of copyright protection without paying the User any remuneration.

The customer also agrees to receive newsletters from the Contractor to the email address specified during authorization or registration on the online platform.

9.2. The parties unconditionally acknowledge the legal force of the text of this agreement.

9.3. The parties agree that they recognize the legal force of the texts of documents signed and received via communication channels (e-mail) on an equal basis with documents executed in simple written form on paper. All correspondence, notices and notifications received to the e-mail addresses indicated by the parties are deemed to have been delivered to the addressee in proper form.

  • Any disputes concerning this Agreement, its violation, termination or invalidity are subject to resolution in court, in accordance with the current legislation.

9.5. In other matters that are not regulated by this Agreement, the parties are guided by the current legislation.

 

  1. CONTRACTOR’S DETAILS:

The Sole Proprietor Shilina Ekaterina Mikhailovna
Registration Certificate 193342986 of 18/11/2019
UNP 193342986 OKPO 743743485000
IBAN BY68 ALFA 3013 2570 1500 1027 0000,
Alfa-Bank CJSC BIC ALFABY2X Minsk
+375 29 625 75 00, info@smartink.by
Date of the Public offer agreement 18/11/2019

+375 29 625 75 00
 info@smartink.by

   

  

Any other questions?

IP Shilina Ekaterina Mikhailovna
UNP 193342986 OKPO 743743485000
Certificate of state registration No. 193342986 dated 18.11.2019