Contract offer
1. GENERAL PROVISIONS


1.1. This offer is an offer by the Individual Entrepreneur Danila Evgenievich Mashoshin (TIN 253611291003 OGRNIP 322253600007311) (hereinafter referred to as the Contractor) to enter into an agreement for the provision of information and consulting services (hereinafter also services/ or IKU) (permanently posted on the Internet at the network address https://illustrator -school.ru/), (hereinafter referred to as the Agreement) with any individual/individual entrepreneur/legal entity interested in receiving such services (hereinafter referred to as the Customer).


1.2. This offer is a public Offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).


1.3. The Customer guarantees that before accepting this offer, he has read its terms, terms of use of services, their cost, Personal Data Processing Policy and other information related to the Contractor’s services, and also accepts all of the listed conditions “as is” (unconditionally and in full ).


1.4. Proper acceptance of this offer (as well as the contract for the provision of information and consulting services) in accordance with Article 438 of the Civil Code of the Russian Federation is considered to be the implementation by the Customer in the aggregate of all of the following actions:


- filling out the registration form for receiving the Contractor’s services;


- familiarization with the terms of the offer/agreement on the Contractor’s Website specified in section 12 of this agreement;


- expressing consent to receive the Contractor’s services under the terms of the Offer/Agreement by clicking the “Place an order”/“Pay” button;


- receipt of payment from the Customer (and/or his representative) to the Contractor’s bank account.


1.5. The date of acceptance of this Offer and the conclusion of an agreement for the provision of information and consulting services is the date of receipt of payment for the cost of services to the Contractor’s bank account.


1.6. Acceptance of an offer means that the offer does not contain those specified in paragraph 2 of Art. 428 of the Civil Code of the Russian Federation, and also does not contain other conditions that are clearly burdensome for the Customer, which the Customer, based on its reasonably understood interests, would not accept if it had the opportunity to participate in determining the terms of the Offer, and the Services specified in this offer are not imposed on the Customer.


1.7. By accepting this offer, the Customer understands and confirms that the provision by the Contractor of services under this agreement remotely using software and mobile communications (hereinafter referred to as the software) fully complies with the Customer’s ability to use the services provided in this way.


1.8. This offer (hereinafter referred to as the agreement for the provision of information and consulting services) is a mixed agreement (parts 2 and 3 of Article 421 of the Civil Code of the Russian Federation), containing the terms of the public offer (Article 435, part 2 of Article 437 of the Civil Code of the Russian Federation), accession agreement (Article 428 of the Civil Code of the Russian Federation), paid services (Chapter 39 of the Civil Code of the Russian Federation).


1.9. The provisions of this offer have been developed taking into account the norms of the Civil Code of the Russian Federation, Federal Law dated July 27, 2006 No. 152-FZ “On Personal Data” and other regulations.


1.10. Terms used in the agreement for the provision of information and consulting services:


1.10.1. Contractor – Individual entrepreneur Mashoshin Danila Evgenievich (TIN 253611291003 OGRNIP 322253600007311), providing information and consulting services.


1.10.2. Customer is an individual who is legally capable and has reached the age of majority, as well as a legal entity/individual entrepreneur who independently (or through a representative) orders and pays for services.


1.10.3. Parties - the Contractor and the Customer, who in the text of this agreement are collectively referred to as the Parties.


1.10.4. A mixed agreement is an agreement that contains elements of various agreements provided for by law or other legal acts. The relations of the parties under a mixed contract are applied in the relevant parts to the rules on contracts, the elements of which are contained in the mixed contract, unless otherwise follows from the agreement of the parties or the essence of the mixed contract.


1.10.5. Adhesion agreement is an agreement, the terms of which are determined by the Contractor in forms or other standard forms and can be accepted by the Customer only by joining the proposed agreement as a whole.


1.10.6. Information and consulting services (IKU or services) - services provided by the Contractor on a reimbursable basis, including remote ones (via the Internet information and telecommunications network using software, in an online format), in one (or more) options according to Programs reflected on the Contractor's website, specified in section 12 of this agreement, for the Customer (Program participant) to receive information, materials consisting of written texts, video recordings and/or separately organized online classes with the Customer with feedback (or without it) from using the Internet to obtain information and materials by the Customer.


1.10.7. IKU packages (participation packages/participation tariffs) - certain sets of information and consulting services published on the website
items for the Customer to select, differing in cost and execution time (depending on the specific composition of services and their types).


1.10.8. Software (software) – browser (Internet Explorer, FireFox, Google Chrome and/or similar) for accessing information resources located on the Internet, other programs for transmitting, storing, processing the information provided. The customer undertakes to independently ensure the availability of the necessary software on his personal computer.


1.10.9. GetCourse is a special platform on the Internet where materials provided by the Contractor to the Customer under this agreement are collected, located at https://getcourse.ru/. When paying for services under this agreement, the Customer is provided with a separate login and password to gain access. Registration of the Customer on the Gecurs platform is carried out by the Contractor based on the data provided by the Customer.


1.10.10. Messenger is an information system and/or computer program (mobile application, web service, web application, etc.) that is designed and/or used for receiving, transmitting, delivering and/or processing electronic messages from Internet users (for example, VKontakte , Skype, Zoom, WhatsApp, Viber, Telegram, etc.).


1.10.11. The Contractor's website is a set of computer programs and other information that provides access to the Contractor's online platform via the Internet using the domain names specified in Section 12 of this agreement.


1.10.12. Site materials – electronic publications, materials posted on the site (recordings of webinars, video lessons, instructions for completing tasks, tables and diagrams and other materials).


1.10.13. The Contractor's online platform is a complex object of intellectual rights - a multimedia product (information system), the exclusive right to which belongs to the Contractor, available on the Internet at the address specified in section 12 of this agreement, consisting of a set of data presented in an objective form and commands intended for the operation of electronic computers (computers) and other computer devices in order to obtain a certain result, including a software shell for interactive (multimedia) interaction with the information contained in the program and the audiovisual displays generated by it. In this case, the result is understood as the organization of the process of providing services, and the audiovisual display is a set of information, including texts, graphic elements, design, images, photo and video materials, and other objects of intellectual property, access to which is provided by providing the Customer with the opportunity use of various data and commands for conducting classes, interaction between the Contractor and the Customer.


1.10.14. The Customer’s personal account is a set of protected pages on the Contractor’s platform, created as a result of the Customer’s registration on it and accessible by entering his credentials in the fields provided for this on the Site, including at network addresses getcourse.ru, as well as other sites owned by the Contractor .


1.10.15. The program (Course) is an interactive format for the provision of services, which includes the right to access text materials, chat on social networks (messengers), reference materials, articles on topics, articles from external experts, practical videos, webinars, master classes (workshops) ), podcasts, specialized online broadcasts, individual ICU plan (depending on the tariff plan chosen by the Customer).


1.10.16. Module/Block - a set of parts of an online course, united by a specific topic within the framework of one Program.


1.10.17. Lesson – part of a module/block (lecture/master class or seminar with attached additional materials and practical tasks, conducted using remote technologies on the Contractor’s Online Platform in one of the following formats:


- online broadcast – broadcast of a lesson with the opportunity for the Customer to participate interactively;


- recording - recorded one or more classes on a specific topic, which are available in the Customer’s Personal Account on the Contractor’s Online Platform. The Customer can master the lesson in recorded format at any time during the period of provision of services under the Program. With this format, the Customer does not have the opportunity to participate in the Lesson interactively.


1.10.18. Feedback is an information and consulting service (if provided for by the ICU Package) in the form of answers to questions on the topics of the Program, via the Internet, which is carried out on the Gecurs platform (and/or website), and/or in a group chat of the messenger.


1.10.19. The Contractor's representative is a person authorized by the Contractor to provide various services, including (but not limited to) services under the ICU program under this agreement.




2. SUBJECT OF THE AGREEMENT


2.1. The subject of this agreement is the paid provision by the Contractor
(both personally and through the involvement of representatives of the Contractor) to the Customer of information and consulting services on one/and/or several of the Programs reflected on the Contractor’s website, which is specified in section 12 of this agreement, for the Customer to receive: information, materials and formation, in one (or more) options, depending on the participation rate paid by the Customer (ICU Package):


- access to the Customer’s personal account on the Getcourse platform (and/or other platform), in which the Customer receives the main part of the training, by sending the appropriate link to the email address or messenger specified by the Customer;

- access to closed chats of the corresponding Program flow - messengers VKontakte and (or) Whatsapp, and (or) Telegram (other messaging programs and/or social networks), by sending the appropriate link to the email address or messenger specified by the Customer (if availability in the Program according to the paid participation rate);

- providing access to the Program modules (according to the paid participation rate);

- providing access on a separate ZOOM platform (YouTube, Bizon 365 or other platform) to online masterminds and online webinars, by sending the appropriate link to the email address or messenger specified by the Customer (if available in the Program according to the paid participation rate) ;

- provision of methodological material (in text and/or video/audio format) (if available in the Program according to the paid participation rate);

- provision of video recordings based on the results of online masterminds and/or online webinars/live broadcasts on social networks, practical trainings, master classes, text materials, text assignments, instructions (if available in the Program according to the paid participation rate);

- support (administration/feedback) of the Customer under the Program in the personal account of the Getkurs platform (YouTube, Bizon 365 and/or other platform), and/or in closed instant messenger chats, for the purpose of conducting written and/or oral consultations on services, responding to the Customer’s questions related to his use of information and materials of the Program (if available in the Program according to the paid participation rate).


2.2. The exact list of IKU provided, their volume, cost and procedure for provision, is determined by the terms of the IKU Package purchased by the Customer, indicated on the Contractor’s website.


2.3. The services under this agreement are limited to providing the Customer with information and developing skills for its independent use.


2.4. Services under this agreement are considered to be provided with proper quality and on time, as well as accepted by the Customer, if on the day of the end of the relevant Program/Service, the Customer has not stated a reasoned objection to the quality and volume of such services by sending a corresponding request to the email address specified in Section 12 actual agreement. The message must contain the Customer's full name, the essence of the demand and reasonable evidence supporting the objections.


2.5. Access to the materials of the ICU Program is retained by the Customer after completion of the relevant Program / ICU within the time limits determined by the specific participation rate paid by the Customer, according to the information on the website posted at the appropriate Internet address specified in Section 12 of this agreement.




3. RIGHTS OF THE PARTIES


3.1. The performer has the right:


3.1.1. Independently determine the forms and methods of providing services, taking into account the current legislation of the Russian Federation, as well as the specific terms of the contract, determine and set the cost of services, provide services only after the Customer has made an advance payment and accepted this contract. To unilaterally change the schedule for conducting the ICU, posting the material of the ICU Program, providing feedback and other consultations, as well as change and supplement the content of the modules of the ICU Program and recommendations for the Customer.


3.1.2. Unilaterally change and supplement the terms of this agreement, without prior agreement with the Customer, while ensuring the publication of the changed terms on the website located at the appropriate Internet address specified in section 12 of this agreement, in accordance with the paid participation rate.


3.1.3. Make corrective changes to the content of the Program aimed at updating and improving it without loss of quality for the Customer, including changes to the topics of individual Lessons, their content, quantity, format (switch between video lesson formats, intensive and other formats), dates and times the relevant Lessons, the schedule for posting Modules on the Platform and the timing of opening access to the Modules, as well as the replacement of the Contractor’s representatives (experts). Information about such changes is available to the Customer in the Personal Account. The parties agree that such a change is not a unilateral change in the obligation and represents a technical adjustment, with
carried out by the Contractor in order to update the Program.


3.1.4. Involve, when providing services in accordance with this agreement, representatives of the Contractor (teachers, experts, curators, as well as other third parties, including to provide technical and other related issues related to the provision of the Contractor’s services). In this case, the Contractor is not responsible for the illegal actions of these third parties, but makes every effort to ensure the protection of the rights and interests of the Customer.


3.1.5. Require the Customer to fulfill its obligations in good faith.


3.1.6. Unilaterally terminate this agreement in the event of a material violation by the Customer of the terms of this Agreement. A material violation of the terms of this Agreement on the part of the Customer means:

- any violation of copyright and exclusive rights regulated by Chapter 70 of the Civil Code of the Russian Federation and/or other regulatory legal acts of the Russian Federation, including a one-time violation by the Customer of clause 4.2.6 of this agreement;

- The Customer is rude towards the Contractor, the Contractor’s Representatives and other participants in the Training Program;

- distribution of advertising and offering services of third-party resources, Customer services or third-party services.


3.1.7. Block the Customer's participation in Feedback or in comments in special chats on Telegram, VKontakte and/or Whats app (YouTube, Bizon 365, other messaging programs and/or social networks), without the right to a refund, in case of violation of the rules of conduct in in the process of receiving services under this agreement, namely: inciting ethnic conflicts (conflicts on political, military issues, issues of the LGBT community and other pressing social issues), distracting participants from the topic of the course, spam, advertising, obscene statements, rudeness, general calls distrust or insult to the Contractor, Representatives of the Contractor, insult to other participants of the Program. The Contractor has the right to block the Customer’s participation under the terms of this paragraph temporarily or until the end of the program.


3.2. The customer has the right:


3.2.1. Receive services under this agreement of appropriate quality and on time.

3.2.2. Receive a refund of funds paid for services under the Program on the terms, in the manner and within the time limits specified in the Rules for Refunds, which are Appendix No. 1 to this agreement, and are also posted separately on the website specified in Section 12 of this agreement.


4. OBLIGATIONS OF THE PARTIES


4.1. The performer is obliged:

4.1.1. Provide services under this agreement of appropriate quality and on time.


4.2. The customer is obliged:

4.2.1. To receive services under this agreement, the Customer undertakes to have a personal computer with Internet access, equipped with headphones and a microphone, as well as with installed software, or a mobile communication device with installed Telegram, ZOOM, Getcurs, VKontakte and/or Whatsapp (YouTube, Bizon 365, other messaging programs and/or social networks) and/or email.


4.2.2. The Customer undertakes to independently monitor all updates to the information posted on the Contractor’s website, including independently monitoring changes to this agreement, changes to schedules of events/Programs and any other materials that are directly or indirectly related to the provision of services or affect them. The Customer is deprived of the right to refer to a lack of awareness of these changes if such changes are posted on the Contractor’s website.


4.2.3. After choosing a service and paying (in whole or in part) for the selected participation rate, adhere to the established schedule of the Program, the goals and essence of the implementation of the Contractor’s recommendations, comply with the deadlines for implementing recommendations (specified in the Program or in the Program modules), comply with the recommendations and requirements of the Contractor as part of the provision of services for this agreement.


4.2.4. Do not be rude towards the Contractor (Representatives of the Contractor) or towards other persons participating in the Program.


4.2.5. Provide the Contractor with up-to-date information necessary for sending information materials to the Customer, as well as for prompt communication with the Customer as part of the provision of services under this agreement, namely: last name and first name, valid mailbox, contact telephone number.


4.2.6. DO NOT record, distribute (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer under this agreement.


4.2.7. Do not transfer to third parties and ensure the confidentiality of access passwords to your personal account on the Getcurs platform (YouTube, Bizon 365 and/or other platform), in closed chats on Telegram, VKontakte and/or Whatsapp (other messaging programs and/or social networks) and/ or email, as well as special software used
for the Contractor to organize services under this agreement.


4.2.8. Do not change in any way the software part of closed Telegram, VKontakte and/or Whatsapp chats (other messaging programs and/or social networks) and/or email and do not take actions aimed at changing their functioning and performance.


4.2.9. Do not post personal data of third parties in closed chats on Telegram, VKontakte and/or Whatsapp (other messaging programs and/or social networks) and/or email without their consent, including home addresses, telephone numbers, passport details, email addresses .


4.2.10. Do not post commercial advertising, commercial offers, campaign information and any other intrusive information (including SPAM in comments - t .e. mass mailing of advertising or other correspondence to persons who have not expressed a desire to receive it), except in cases where the placement of such information has been agreed upon with the Contractor.


5. PAYMENT PROCEDURE FOR SERVICES

5.1. The cost of the services provided for in this agreement depends on the Program and the chosen tariff and is reflected on the website page specified in section 12 of this agreement. The cost of services is not subject to VAT.


5.2. An increase in the cost of services in relation to the paid Program (after the conclusion of the Agreement) is not allowed.


5.3. The cost of services is indicated in the currency of the Russian Federation. The cost of services does not include commission charged by banks or payment systems for making a payment. Commission expenses (if any) are paid by the Customer additionally, and the cost of services is determined as the difference between the amount made by the Customer, the payment and the amount of the withheld commission.


5.4. The moment of payment is considered to be the receipt of funds into the Contractor's bank account.


5.5. The Customer pays for services using payment methods that are available after clicking the “Place an order” / “Pay” button from the corresponding page of the Site specified in section 12 of this agreement.


5.6. The Customer has the right to pay the cost of services under the Program at his choice in the following order (if the specified methods are available on the website specified in Section 12 of this agreement):


5.6.1. 100% prepayment before the start of receiving services under the Program;


5.6.2. on credit provided to the Customer by a partner bank. The loan is provided to the Customer on the terms stipulated by the partner bank. The Contractor is not responsible for the terms of the partner bank providing a loan to the Customer, as well as for the refusal of the partner bank to provide a loan to the Customer. To receive a loan, the Customer must select “Credit/Instalment” on the payment method selection page and click the “Buy/Pay in installments/credit” button.


5.6.3. by internal installment plan from the Contractor in 2 (two) or 3 (three) payments (if there is a corresponding “option” on the website specified in section 12 of this agreement).


5.7. It is possible to make a fixed prepayment (seat reservation), which is subsequently included in the total cost of providing services (if there is a corresponding “option” on the website specified in section 12 of this agreement). The amount and deadline for making a fixed prepayment (if there is a corresponding “option” on the website) are reflected at the appropriate Internet address specified in section 12 of this agreement when placing an order. The final payment for the cost of services (minus a fixed prepayment) must be made within the period reflected at the appropriate Internet address specified in Section 12 of this agreement when placing an order, otherwise the Customer loses the right to receive services under this agreement. The fixed prepayment is returned within 10 (ten) working days after the start of the Program after receiving a corresponding written application from the Customer via the Contractor's email address, only if the Customer was NOT granted access to a personal account in the Getkurs system/or other platform, to general chats of participants.


5.8. Security, as well as other conditions for using the payment methods chosen by the Customer, go beyond the scope of the Agreement and are governed by agreements with the relevant payment aggregators.


6. INTELLECTUAL PROPERTY


6.1. As part of receiving services, the Customer is provided with access to the Contractor's intellectual property (access to network information resources, teaching materials that are not in the public domain), in connection with which the Customer is obliged to:


· refrain from any actions that violate the Contractor's rights to the results of intellectual activity, in particular, do not copy, record, reproduce, or distribute any results of the Contractor's intellectual activity without the written permission of the Contractor;


· immediately inform the Contractor about any facts of violation of the claim that become known
the Contractor's exclusive rights;


· do not provide your authentication data for access to your personal account on the Online Platform to third parties.


6.2. In the course of receiving services under the Program, the Customer can create materials that are the intellectual property of the Customer: practical tasks, as well as other materials (hereinafter referred to as materials). Copyright and exclusive rights to the results obtained during the implementation of practical tasks belong to the Customer. The Customer, free of charge, grants the Contractor the right to use materials created by the Customer in the course of receiving services under the Program, under a simple (non-exclusive) license throughout the world and for a period of 50 years in the following ways:


- distribution, reproduction of materials, both in full and any fragments thereof, including by posting on the website specified in section 12 of this agreement;

- processing of materials;

- making materials available to the public.


6.3. The right to use the materials passes to the Contractor at the time of their transmission in electronic form in any generally accepted extension to the email specified in Section 12 of this agreement, as well as by providing a link to a file-sharing resource or by downloading through the Customer’s personal account on the Online Platform. The Contractor is not obliged to provide the Customer with reports on the use of materials.


6.4. The Customer guarantees that he has sufficient rights to fulfill the obligation provided for in clauses 6.2, 6.3. Agreements, and if third parties were involved in the creation of materials, the Customer has concluded relevant agreements with such persons, the terms of which allow the Customer to use these materials without encumbrances and restrictions, including using them without indicating information about the author.


7. DURATION OF THE AGREEMENT. PROCEDURE FOR TERMINATION OF THE AGREEMENT


7.1. The Agreement is valid from the date of its conclusion (the date of acceptance of the offer) until the end of the period of provision of services by the Customer, and in terms of monetary obligations - until they are fully fulfilled by the Parties.


7.2. The term and schedule for the provision of services under this agreement depends on the type (package) of ICU and is reflected on the website specified in section 12 of this agreement.


7.3. This Agreement is suspended, as well as the Customer’s access to the Customer’s personal account on the Getcourse platform (and/or other platform), to closed chats of the corresponding Program stream, as well as to all information and consulting services specified in section 2 of this agreement, in case of violation The Customer's obligations under internal installment plans from the Contractor specified in clause 5.6.3. of this agreement until the next calendar day when the Customer fulfills its obligations under the internal installment plan from the Contractor.


7.4. The contract may be terminated early:


- due to circumstances beyond the control of the Customer and the Contractor (force majeure);

- by mutual agreement of the Parties;

- at the initiative of one of the Parties by sending the other party a corresponding application to the email address specified in Section 12 of the Agreement.


7.5. In the event of early termination of the contract at the initiative of the Customer, as well as the presence of appropriate legal grounds, the Contractor calculates and returns to the Customer the “refund amount” (the cost of services, minus the actual services provided and expenses incurred) in accordance with the Rules for the return of funds paid under the contract for provision of information and consulting services, which are Appendix No. 1 to this agreement.


7.6. The Agreement is considered terminated from the moment the Contractor makes a final decision on the date of termination of access to the online platform and Program materials, and in terms of monetary obligations - at the time of their full fulfillment.


8. RESPONSIBILITY OF THE PARTIES


8.1. If the Customer fails to fulfill the obligations provided for in clauses 4.2.6. - 4.2.7. of this agreement, and the Contractor discovers that third parties have access to the content of the Program, the Customer is obliged to pay a fine in the amount of 30,000 (thirty thousand) rubles out of court at the written request of the Contractor.


8.2. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under this agreement for the duration of force majeure. During this time, the parties have no mutual claims, and each party assumes its own risk of the consequences of force majeure. The Contractor is obliged to notify the Customer of the occurrence of such circumstances by posting information on the Site and/or to the email address specified by the Customer when making payment, and the Customer is obliged to send a letter to the Contractor to the email specified in section 12 of this agreement, with the Subject line “ Force Majeure".


8.3. By force majeure circumstances (force majeure), the Parties understand: forced urgent (non-planned) hospitalization, confirmed by a document
flax, fire, flood, earthquake and other natural disasters, war and hostilities, special military operations, special operations of the armed forces, declaration of a state of emergency, uprising, partial or complete mobilization, acts of civil disobedience, strikes (excluding strikes of employees of the Parties), acts bodies of state power and local self-government, including those related to blocking access to Internet sites, websites, platforms and other Internet resources, sanctions measures of foreign states, as well as other circumstances, the occurrence, action and consequences of which could not be reasonably foreseen or prevented measures if the above circumstances are beyond the control of the Parties, interfere with the implementation of this agreement and arose after the conclusion of this agreement.


8.4. The Customer’s lack of time for any reason to complete the program, being on vacation, a business trip, non-payment for access to the Internet, breakdown of a means of accessing the Internet and other similar factors are not considered force majeure circumstances (force majeure).


8.5. No information, materials and/or advice provided by the Contractor as part of the provision of services under this agreement can be considered as a guarantee. Making decisions based on all information provided by the Contractor is within the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor as part of the performance of its obligations under this Agreement:


- consistently follows all the Contractor’s Recommendations in order to obtain information and materials.


8.6. The Contractor is not responsible for the Customer achieving the desired result from receiving services under this agreement, since this depends on the duration and regularity of the Customer’s classes, his individual characteristics, personal qualities, as well as the current goals of the Customer himself when using information and materials as part of the paid services .


8.7. If, at the specified time, the Customer does not come to the address where the service is provided (in online format), does not open access to the materials that make up the services, does not connect to online broadcasts, and does not participate in other ways (despite the services provided), the Services are considered provided and are not transferred to another time. The Contractor reserves the right to consider the service provided at each specific stage by providing access to all materials that make up the Services. If the Contractor has provided access to all materials that make up the services in the amount of a certain tariff plan chosen by the Customer, then the Parties record the fact that the services have been provided in full. The parties record the fact that subject to the conditions of the Contractor providing access to all materials and blocks of the Program, the services are considered fully provided and the Contractor’s obligations are fulfilled in full.


8.8. The aggregate liability of the Contractor under this agreement for any claim or claim in relation to the contract or its performance is limited to the amount of payment paid by the Contractor to the Customer. In this case, only actual damages, but not lost profits, can be recovered from the Contractor.


9.CONTRAINDICATIONS


9.1. Information and consulting services in the form of a Program/course/other activities are contraindicated for persons who suffer from mental disorders, such as: schizophrenia, schizotypal disorder, acute psychotic states, bipolar affective disorder, recurrent depression, mood disorders caused by the use of psychoactive substances in stages of intoxication or withdrawal, depressive disorders with a history of suicidal tendencies, post-traumatic stress disorders, for persons with chronic organic brain disorders, including epilepsy.


9.2. Information and consulting services in the form of a Program/course/other activities are not recommended for pregnant women.


9.3. It is recommended that persons in the acute stage of chronic diseases refrain from participating in the course.


10. USE OF THE CUSTOMER’S PERSONAL DATA FOR THE PURPOSES OF THIS AGREEMENT


10.1. The Customer gives his consent to the Contractor to process his personal data provided during registration in the closed section of the Site, reflected in Section 12 of this agreement, namely: first name, last name; E-mail address; contact number; accounts in messaging programs and social networks.


10.2. Processing of personal data means recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data that does not fall under special categories for processing which, according to the current law
According to the legislation of the Russian Federation, the written consent of the Customer is required.


10.3. The processing of personal data is carried out in order for the Contractor to fulfill its obligations under this agreement, to provide the Customer with feedback when using the Site, training programs, video courses, as well as for the purpose of sending information and advertising messages to the email address specified by the Customer during registration.


10.4. The processing of the Customer's personal data is carried out by the Contractor using databases on the territory of the Russian Federation and in accordance with current legislation.


10.5. The Customer may at any time withdraw consent to the processing of personal data by sending the Contractor a corresponding notification to the address specified in Section 12 of this agreement.


10.6. The Customer agrees to receive newsletters and promotional materials from the Contractor, or from other persons on behalf of the Contractor, to the email address and/or contact phone number specified by the Customer when registering on the Site specified in Section 12 of this agreement. Consent to receive newsletters and promotional materials can be withdrawn by the Customer at any time by sending the Contractor a corresponding notice to the address specified in Section 12 of this agreement, or by clicking on the “Unsubscribe from mailing list” link located in each email sent to the Customer.


10.7. The Customer agrees to the Contractor’s use of the Customer’s reviews about the Contractor and the services provided by him, left by the Customer in the Contractor’s official groups on social networks, with or without using the full name (last name, first name and patronymic) of the Customer, the image of the Customer, for the purpose of posting such reviews on official the Contractor's websites, information and promotional materials for the Contractor. This consent is valid from the date of conclusion of the Agreement. This consent may be withdrawn by the Customer at any time by sending a written application to the Contractor’s email address specified in Section 12 of this agreement.


10.8. The Contractor notifies the Customer that the personal data provided by him is processed by the Contractor in accordance with Federal Law dated July 27, 2006 No. 152-FZ “On Personal Data” and on the basis of the Personal Data Processing Policy located at the address specified in Section 12 of this agreement.


11. FINAL PROVISIONS


11.1. The Parties have agreed that, unless otherwise expressly provided by law or this Agreement, any messages, notices and documents in the form of easily readable scanned versions or photocopies have the legal force of the corresponding documents on paper and create for the Parties all the rights and obligations provided for in this Agreement, if they are sent by the Parties exclusively from email addresses:


Contractor – specified in section 12 of this agreement;


The customer - from the email address specified by him when paying for services.


11.2. The parties guarantee the functionality of email addresses and independently bear the risks associated with non-reception, untimely receipt or sending of messages, failure to familiarize themselves with their contents due to any technical malfunctions in the operation of email, lack of access to it for any reason, including lack of Internet access, results of special sorting of messages, in particular, messages ending up in the “Spam” or similar folder.


11.3. In the event of any disagreement between the Parties regarding the fulfillment by each party of the terms of this agreement, as well as any other disagreements, such disagreements must be resolved using the mandatory pre-trial claim procedure. The parties undertake to send claims electronically to the email addresses specified in clause 11.1. actual agreement. The deadline for responding to a claim is 10 (ten) working days from the date of its receipt. If either party fails to comply with all of the above conditions, the mandatory claim procedure is not considered to be met. If it is impossible to resolve the dispute through negotiations, the Parties turn to the courts in accordance with the current legislation of the Russian Federation.


11.4. The customer confirms that this agreement is not an enslaving deal for him (a deal on extremely unfavorable terms, which he is forced to make due to a combination of difficult circumstances, which the other party took advantage of).


11.5. The appendices to this agreement are an integral part of it:


Appendix No. 1 - Rules for the return of funds paid under an agreement for the provision of information and consulting services



12.CONTRACTOR DETAILS


Individual entrepreneur

Mashoshin Danila Evgenievich


INN 253611291003

OGRNIP 322253600007311

Address: Russian Federation, 143360, Primorsky Territory, Leninsky district, Vladivostok city, st. Ivanovskaya, 2a.


Bank details:

account 4
0802810400003028527

Bank JSC "Tinkoff Bank"

BIC 044525974

Bank INN 7710140679

code 30101810145250000974


Website on which this agreement and other legal documents are published for public access: https://illustrator-school.ru/

Email: academy@illustrator-school.ru

Phone: +7 963 83 75 815


The operating hours of the support department, which answers phone calls and emails:

weekdays from 09.00 to 19.00 Moscow time (+3 UTC)



APPENDIX No. 1 to the agreement on the provision of information and consulting services


REFUND RULES,

paid under the agreement for the provision of information and consulting services


1. These Rules for the return of funds paid under an agreement for the provision of information and consulting services (hereinafter referred to as the Rules) are an integral part of the agreement for the provision of information and consulting services that govern the relationship between the Contractor and the Customer related to the return of the paid cost of Services in case of early termination of the Agreement.


2. Termination of the contract unilaterally (rejection of the contract), termination of the contract by agreement of the Parties, return of funds to the Customer is carried out in accordance with Articles 450, 450.1, 452, 453, 782 of the Civil Code of the Russian Federation.


3. Refunds to the Customer are possible until the Contractor fully fulfills his obligations to provide the Services.


4. A full or partial refund of the funds paid by the Customer is made by the Contractor on the basis of a written application from the Customer to refuse to provide Services (hereinafter referred to as the “Application”), submitted through the functionality of the Platform, or sent to the Contractor’s e-mail specified in section 12 of this agreement, or sent to the Contractor's postal address by mail.


5. The application must contain the following information:


– The will of the Customer or his legal representative (if applicable) to refuse the Services.

– Last name, first name and patronymic (if any) of the Customer.

– Name of the Program, the provision of which the Customer refuses.

– Email address linked to the Customer’s Personal Account.

– Telephone number specified in the Customer’s Personal Account.

– Bank details that the Customer requests to use as part of the refund (if these details differ from the details of the bank account from which the Services were initially paid for).


6. If the Customer receives an Application that does not contain any of the information listed in clause 5 of these Rules, the Contractor will send the Customer a request for additional information and will accept the Application for consideration on its merits only after receiving the requested data from the Customer.


7. If the Contractor has reasonable doubts that the Application was submitted by the Customer or his legal representative (in particular, if the Customer’s Account does not contain information about the Customer’s email), the Contractor has the right to request confirmation from the Customer of his identity (in particular , scanned copy of an identity document in accordance with the legislation of the Russian Federation). In this case, the Application is considered submitted from the moment the Customer provides such confirmation. The Contractor undertakes to use the identification documents provided by the Customer solely for the purpose of fulfilling his obligations related to the Customer’s refusal of the Services.


8. The amount of funds to be returned to the Customer is calculated as of the date the Contractor receives the Application and is determined as follows:


If, as of the Application Date, not one (1) lesson/event under the Program has yet taken place, then the Contractor returns the full cost of services (the amount by internal installments that was actually paid by the Customer).


If, as of the Application Date, 1 or more classes/events under the Program have taken place, but the purchased Program has not yet ended, then the Contractor determines the Refund Amount using the following formula:


D = A - (B * C),

where D is the Refund Amount under the Program (calculated on the Application Date);

A - Cost of the Program actually paid by the Customer;

B — Cost of services for one lesson/event (calculated without taking into account any discounts provided to the Customer at the time of payment for the Services);

C - the number of classes/events under the Program as of the Application Date, access to which was open to the Customer.


Downloading and viewing materials, including presentations, notes, lectures for a class/event is equivalent to taking a class/event.


9. If the Customer pays for the Services on credit/installments, the Contractor returns in full or in part only the amount of funds received by him and does not reimburse interest/expenses incurred by the Customer as a result of concluding an agreement with a partner bank or third parties (intermediaries). If the Customer raises borrowed funds to pay for the Contractor’s Services and the Contractor makes a decision to satisfy the required
If the Customer requests a full or partial refund, the funds, as a general rule, are returned by the Contractor to the account from which the borrowed funds were received, unless otherwise further agreed by the Parties. The return of funds is not grounds for automatic termination of the loan agreement concluded with the Partner Bank.


10. If access to the Platform was provided to a third party, the Contractor returns the funds to the Customer, that is, the person on whose behalf the payment for the Services was made.


11. In case the Customer does not master the Program according to the plan (failure to attend classes/events on the appointed dates, failure to complete Program tasks, failure to watch videos, failure to complete other activities provided for by a specific Program) without a valid reason and without providing the Contractor with supporting documents within 2 working days days from the date of occurrence of the relevant valid reasons (certificate of incapacity for work, death of a close relative, certificate of assignment on a business trip, etc.), the Contractor’s Services are considered to be provided in full in proper quality, including in the undeveloped part of the Program.


12. The Contractor, within 10 (ten) working days after receiving the Application from the Customer, returns funds to the Customer in the appropriate amount calculated in accordance with these Rules, to the details specified by him in the Application or, if the details are not specified, to the details from which the funds were received funds upon payment.


13. The Customer’s access to the Program is terminated within 1 (one) business day from the date the Contractor receives the Application from the Customer in the proper form (clause 5 of this Appendix). If the Contractor and the Customer, before terminating access to the Platform, enter into negotiations regarding the need to refuse the Services (in particular, if they are discussing the possibility of replacing some Services with others or the possibility of transferring the Program), the Contractor has the right to postpone the termination of access until such negotiations are completed. If, during negotiations, the Customer actually continues to use the Contractor’s services within the framework of the purchased Program, then the corresponding classes/events relate to the Services actually provided by the Contractor at the time of refusal of the Services.


14. By agreement with the Customer, the Contractor may, instead of returning funds to the Customer in accordance with the Refund Rules, replace the Program with a Program in another period, with another Program (including the Contractor’s partners) on the terms proposed by the Contractor.