Individual entrepreneur Hart Anna Valerievna (hereinafter referred to as the Contractor) by this public offer invites any individual or legal entity, as well as an individual entrepreneur (hereinafter referred to as the Customer), to conclude an Offer Agreement for the provision of services for holding events (hereinafter referred to as the Agreement).
In accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation, if the conditions set out below are accepted and the services are paid, the person who accepts this offer becomes the Customer.
In connection with the foregoing, carefully read the text of this Agreement, if you do not agree with any clause of the Agreement, the Contractor invites you to refuse any actions necessary for acceptance, or conclude a personal agreement on conditions discussed separately with the Contractor.
Full and unconditional acceptance of this offer is the implementation by the Customer of payment for the Services offered by the Contractor. With regard to the Services offered by the Contractor for promotions (special offers, if any) with payment terms in parts, the full and unconditional acceptance of this offer is the Customer's payment of the first part of the amount agreed by the parties.
1. GENERAL PROVISIONS
1.1. The subject of this Agreement is the provision by the Contractor of services for holding events (mentoring sessions, online courses, webinars) further Event for the Customer, subject to availability and / or the Customer meets the necessary criteria for receiving the service.
1.2. Under this Agreement, the Contractor provides the following services: Events; development of a calendar plan for the Event.
1.3. The conditions, term (date), duration and location of the Event are indicated in the "Schedule" section on the Event Page, the date and time of the Event may also be communicated by representatives of the Contractor to the Customer by sending a notification to the contact e-mail of the Customer, while the Customer is obliged independently and in advance to check the receipt of the notification emanating from the Contractor.
1.4. The conditions for the possibility of participating in the Event through online viewing are specified in the Rules. Online viewing is carried out exclusively in places (premises) at the choice of the Contractor. The address of the venue for the online broadcast and the start time are indicated in the notification, which is sent to the contact e-mail of the Customer.
1.5. The conclusion of this Agreement by the Customer is carried out by performing the following actions (acceptance of a public offer):
1.5.1. Making an Application for an Event on the sites https://vivatoshka.ru/
on the Event Page and / or subdomains of the site or an account contract.
1.5.2 Payment for participation in the Event (by clicking the "pay" button, the Customer agrees to the terms of this Agreement).
1.6. The cost of participation in the Event is indicated on the Contractor's website.
1.7. This Agreement is considered concluded and enters into force for the Parties from the date of payment for services by the Customer. Payment is made in the amount of 100% prepayment (a different payment procedure is possible in accordance with the terms of the promotion, as well as in cases after additional agreement with the Contractor).
The date of payment is the date of debiting the funds from the Customer's current account to the Contractor, or entering it into the Contractor's cashier (if there is an agent, to the Contractor's agent's cashier), or the date of transfer of funds to the Contractor's courier (if the Contractor has such an opportunity).
2. CONDITIONS OF PARTICIPATION IN THE EVENT
2.1. To participate in the Event, the Customer must leave an Application in the form posted on the website on the corresponding Event Page.
2.2. To complete the Application, the Customer is obliged to provide the following data: name; e-mail; telephone.
2.3. The Contractor confirms the receipt of the Application, assigns the Application number and issues details for payment (if the payment was not made by the Customer on the Contractor's website in ways that do not require invoicing).
2.4. The Customer pays for services under this Agreement in the amount established by the Contractor.
2.5. Payment for the Contractor's services is carried out in one of the following ways: by payment by electronic money; Internet banking; bank card.
In case of making a payment using a bank card, the Customer is recommended to use a bank card issued in the name of the Customer.
In the event of a refund of paid funds, the refund is made according to the same details for which the payment was received, and on the basis of a personal application of the person in whose name the bank card was issued.
Payment is not accepted upon detection of a violation by the Customer of the terms of payment established by this Agreement and the legislation of the Russian Federation.
2.6. By accepting the terms of the Offer, the Customer agrees in accordance with the current legislation to the processing (hereinafter PD Processing) by the Contractor of the information provided by him and (or) his personal data. The processing of personal data is carried out with the use of using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction personal data in order to fulfill the Contractor's obligations under the terms of this Agreement, other obligations provided for by the Agreement. And also in order to comply with the requirements of regulatory enactments to combat money laundering and other regulatory enactments.
The term of use of the personal data provided by the Customer is unlimited.
The customer also gives his consent to the processing and use of the information provided by him and (or) his personal data by the Contractor in order to carry out the newsletter and / or advertising mailing about the services of the Contractor and / or the Contractor's partner by the contact phone number and (or) the contact email address specified by the Customer ...
Consent to receive the newsletter is deemed to be provided indefinitely until the Contractor receives a written notification by e-mail firstname.lastname@example.org about the refusal to receive mailings generated by the Contractor when the Customer registers on the Site.
The customer also gives his consent to the transfer, in order to carry out the actions provided for in this paragraph, by the Contractor of the information and (or) his personal data provided by him to third parties in the presence of a contract duly concluded between the Contractor and such third parties.
2.7. When paying for services by a third party, in particular a legal entity, this person is considered the Customer. Payment is the fact of acceptance of this public offer.
If, at the end of the Event, the Customer does not send claims to the Contractor, then the services within the framework of this public offer are considered fully completed. The contractor does not issue a report, invoices to the customer and does not sign acts of work performed.
2.8. If the condition for admission to participation in the Event is to pass an appropriate interview or questionnaire, and the Customer provides the Contractor with inaccurate information about himself and his business, as well as provides other inaccurate data on the interview and / or questionnaire, the Contractor has the right to refuse to provide services at any time from the date of discovery of the inaccuracy of the information provided.
2.9 When making changes to the start date of the event, the Customer agrees to the terms of changing the structure and content of the course in terms of additional consultations and practices of third parties
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 The Contractor undertakes:
3.1.1. Provide the necessary information to complete the Application for participation in the Event.
Information is posted on the Contractor's website at the Event Page.
3.1.2. Provide consulting support regarding the services provided, the procedure and rules for filling out the Application by e-mail (email address for communication with the Contractor: email@example.com from 10.00 to 19.00 on weekdays).
3.1.3. In case of changes in the conditions of the Event (prices, dates, venue and other changes), notify the Customer at least 1 (one) calendar day before the start of such changes.
3.1.4. Return the paid funds to the Customer in case of complete cancellation of the Event by the Contractor.
3.2. The contractor has the right:
3.2.1. Carry out photo and video filming during the Event and use the materials obtained during photo and video filming at your own discretion. The Contractor owns the exclusive copyright, as well as the rights adjacent to copyright to these materials, the use of materials obtained during photo and video filming is possible only with the written permission of the Contractor.
3.2.2. The parties agree that the Contractor has the right to change the cost of services, the dates and time of the Event, as well as other conditions for the Event and the terms of this Agreement. The Contractor notifies the Customer about the specified changes by the specified e-mail. In this case, the Customer is obliged to independently and in advance check the receipt of the notification emanating from the Contractor.
Notification of a change in the time and date of the Event can also be sent to the CUSTOMER no later than 23 hours 59 minutes Moscow time on the day preceding the day of entry into force of the corresponding changes by sending an appropriate letter to the contact e-mail or by phone call to the contact number specified by the CUSTOMER phone.
A notice of changes in other conditions is also posted in the closed Events group.
3.2.3. Develop a program of the Event and determine the number and composition of speakers at the Event, the location of the event.
3.2.4. In case of non-payment (incomplete payment) of the cost of the Services within the established time frame, in case of untimely provision of data for filling out the Application or when specifying inaccurate data when filling out the Application, this Agreement is not considered concluded. The conditions of this clause do not apply when paying for the Services offered by the Contractor and paid for by the Customer under the terms of the promotion (special offer) held by the Contractor.
3.2.5. The Customer agrees that in case of violation by the Customer of clauses 3.3.5, 3.3.8., 3.3.9 of this Agreement, the Contractor has the right not to admit the Customer to the Event and not to return the money paid for participation in the Event, because the actions of the Customer will be considered a unilateral waiver of the assumed obligations.
3.3. The customer undertakes:
3.3.1. Independently and in a timely manner to get acquainted with the date, time, cost, conditions of the Event, prior to the filing of the Application, as well as with changes in these conditions, with the current edition. Of the Agreement at each visit to the Site, including after the acceptance of the Offer.
3.3.2. When filling out an Application for the provision of services by the Contractor, fill in the required mandatory fields on the Application page indicating the selected Event and reliable information.
3.3.3. Pay for the selected Event on the terms and at the cost valid for the corresponding Event at the time of payment. The current conditions and cost, as well as information about promotions, are posted on the sites https://vivatoshka.ru/
, or https://annahart.online/
and / or their subdomains.
3.3.4. In the event that the right to participate in the Event is transferred to a third party (if this right is granted in a specific Event), no later than 2 (two) business days before the start of the Event, notify the Contractor about this and provide all the necessary data of the new Customer in writing.
If the right to participate in the Event is transferred to a third party, the terms of this Agreement, including section 6 and clause 7.3, also apply to such person.
3.3.5. If it is impossible to provide the service on the part of the CONTRACTOR in the format after the Customer has changed the format, the Customer has the right to demand a full refund of the paid money.
3.3.6. Immediately notify the Contractor about the change in their contact information in writing by means of a contact e-mail.
3.3.7. In writing (including by means of a contact e-mail) by sending to the address of the Contractor a corresponding application, duly completed (the template is provided by the Contractor at the request of the Customer), notify the Contractor of the refusal to participate in the Event.
Requesting an application template is the responsibility of the Customer. In all cases of refusal to participate in the Event, the Customer provides the Contractor with a written application. In the absence of such a statement, the funds will not be returned by the Contractor.
18.104.22.168. In the event that the Customer notifies the Contractor of his refusal to participate in the Event no later than 14 (fourteen) calendar days before the start of the Event, the Contractor will return the funds in the amount of 100% of the amount paid by the Customer.
22.214.171.124. In the event that the Customer notifies the Contractor of his refusal to participate in the Event within a period of less than 14 calendar days, but not less than 7 calendar days before the start of the Event, the Contractor will return the funds in the amount of 50% of the amount paid by the Customer.
126.96.36.199. In the event that the Customer notifies the Contractor of his refusal to participate in the Event in less than 7 calendar days, but not less than 3 working days before the start of the Event, the Contractor will return money in the amount of 30% of the amount paid by the Customer.
188.8.131.52. In the event that the Customer has not notified the Contractor less than 3 working days before the start of the Event about his refusal to participate in the Event, the funds will not be returned to the Customer. For the Services purchased in the "package", information about which is posted on the website and reflected in the Rules, the beginning of the Event is the first day of any of the Events included in the "package". In any case, in case of refusal to participate in the Event, the Customer is obliged to reimburse the actual expenses of the Contractor, including all commissions of payment systems charged when transferring funds to and from the Contractor's account.
3.3.8. Come to the Event in advance for timely registration for the Event. The late Customer is not allowed to participate in the Event until the next break (in accordance with the program of the Event).
In this case, the paid funds will not be returned. Comply with all the rules for participation in the Event, reflected in this Agreement, announced by the speakers during the event and otherwise become known to the Customer. In case of violation of the rules for participation in the Event, the Contractor is not responsible for the quality of the service.
3.3.9. Observe the order and discipline both when registering for the Event and when holding the Event, including the conditions of the conditions specified in the Group Rules, do not create inconvenience for others by your actions.
no customers, as well as not interfere with the event.
In case of violation of the terms of this clause, the Contractor reserves the right to prevent the Customer from participating in the Event or remove the customer from the site where the Event is held.
3.4. The customer has the right:
3.4.1. Require the Contractor to comply with the terms of this Agreement.
3.4.2. Postpone participation in the Event, which is fully paid for to another nearest date of the identical Event (hereinafter - freeze), notifying the Contractor about this no later than 14 calendar days before the start date of the Event, participation in which is postponed or until the date of the first day, paid by the Customer of the Event.
At the same time, in the event of an increase in the cost of the Event, the participation in which was postponed by the Customer, the Customer undertakes to make an appropriate additional payment no later than 3 (three) working days before the start of the Event, on the day of which the Customer's participation was postponed. The Customer agrees that if the Customer refuses to participate in the Event after the "freeze", the service is considered to be provided to the Customer and the money paid by the Customer is non-refundable.
3.4.3. Freezing is carried out in the presence of an application issued by the Customer.
The Customer is obliged to request the application form from the Contractor upon notifying the latter about the need for freezing.
4. RESPONSIBILITY OF THE PARTIES
4.1. In cases of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation, taking into account the terms of this Agreement.
4.2. The Contractor shall not be liable in the event of improper provision of the service, if the improper performance was the result of inaccuracy, insufficiency or untimely information provided by the Customer, as well as due to other violations of the terms of this Agreement by the Customer.
4.3. The Contractor is not responsible for the discrepancy of the provided service with the expectations of the Customer and / or for his subjective assessment, such discrepancy with expectations and / or negative subjective assessment are not grounds for considering the services provided poorly, or not in the agreed volume.
4.4. The Contractor is released from liability for full or partial failure to fulfill the obligations provided for in 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 ).
4.5 The Customer undertakes to indicate reliable data when filling out (re-issuing to a third party) the Application, the Contractor has the right to refuse to participate in the Event to a person not indicated in the list of participants. The final list of participants is formed by the Contractor 1 (one) business day before the start of the Event.
4.6. In the event that the Customer, for reasons beyond the control of the Contractor, did not attend the Event and did not notify the Contractor of his desire to refuse to provide services within the terms specified in clause 3.3.7. of this Agreement or notified after the day of the Event, then the service is considered to be provided properly and the funds paid to the Contractor are not refundable. The customer agrees that the specified in clause 3.3.6., Cl. 184.108.40.206 220.127.116.11. deductions are a forfeit determined by the parties, which the Customer is obliged to pay to the Contractor in connection with the failure to fulfill the obligations assumed by the Customer to notify the Contractor.
5. DISPUTE RESOLUTION
5.1. All disputes and disagreements arising in connection with the execution of this Agreement shall be resolved by the Parties through negotiations.
5.2. If no agreement is reached between the Parties, all disputes are considered in court, in accordance with the legislation of the Russian Federation at the place of service.
The parties recognize the place of rendering the service in Moscow.
6. RESULT OF INTELLECTUAL PERFORMANCE
6.1. All information materials provided by the Contractor to the Customer in the course of the Event, as well as the results of photo and video filming received by the Contractor during the Event, are the result of intellectual activity, exclusive copyright, including those related to copyright, belongs to the Contractor.
6.2. Taking photographs, audio and / or video recording of the Event is possible only with the permission of the Contractor. The use of the results of intellectual activity without the written consent of the Contractor is a violation of the exclusive rights of the Contractor, which entails civil, administrative and other liability in accordance with the current legislation of the Russian Federation.
6.3. Also, the Customer does not have the right for commercial purposes to copy audio and video materials of the Contractor's Events broadcasted online, in whole or in part, to record the broadcasts of the Events, as well as to record the content of such Events.
parties in whole or in part in any way and / or on any material medium, as well as use the content of these Events without the written consent of the Contractor, which will be considered a violation of the exclusive right of the Contractor and entail civil, administrative and other liability in accordance with the current the legislation of the Russian Federation.
7.1. This Agreement is valid until the Parties fulfill all obligations.
All Applications are an integral part of this Agreement.
7.2. The Application drawn up by the Customer, which is filled out on the Contractor's website, is an integral part of this Agreement.
7.3. By concluding this Agreement, the Customer consents to the use of information about himself, his relationship with the Contractor, his personal data transferred to the Contractor as part of the execution of this Agreement, the publication of materials on the fact of receiving services from the Contractor by the media - television, radio, on the Internet, printed publications, social networks, as well as the publication of these materials on the official website and in the social resources of the Contractor.
7.4. By concluding this Agreement, the Customer agrees to use the Customer's image, which is included in the results of intellectual activity. If the Customer does not agree to the granting of rights to use his image, he notifies the Contractor in writing at firstname.lastname@example.org
7.5. In all other respects that are not provided for by this Agreement, the Parties will be guided by the current legislation of the Russian Federation.
7.6. The customer confirms that all the terms of this Agreement are clear to him, and he accepts them unconditionally and in full.
Company number 13760947