Offer agreement for the sale of an information product
LIMITED LIABILITY COMPANY "MARKPRO", on the one hand, and accepting the offer, permanently posted on the Internet at the network address
http://anastassia.beliakova/dogovor-oferta, the user of sites on the Internet
http://school.taktikaprodazh.ru,
http://taktikaprodazh.ru,
www.anastassiabeliakova.ru/howtohire,
www.anastassiabeliakova.ru/intensivehowtohire (as well as other sites owned by MARKPRO LLC), on the other hand, have concluded this agreement for the implementation of this agreement of the following information product.
1. Terms and definitions1. In this contract for the sale of an information product, unless otherwise directly follows from the text, the following terms will have the following meanings:
"Information product"
Information services provided by the Contractor to Consumers to provide access to webinars, online trainings, information courses, as well as related and / or independent services for the implementation of the Contractor's information materials in any technically permitted way (disks, mailings, individual download links, etc.).
«Webinar»
Provision of information services, carried out through remote access via the Internet, taking place in real time.
The webinar can be held in the form of video or audio broadcasting, messaging, in other forms. The webinar may provide for the possibility of providing feedback to the person providing information services.
«Disk»
A set of information materials (texts, images, audio recordings, audiovisual documents) in electronic form, recorded on a CD or DVD - medium.
"Contract"
This contract for the sale of an information product with all its annexes.
«Individual link»
A unique hypertext reference that allows you to access the Implementation Object.
"Information Course"
A set of information materials (texts, images, audio recordings, audiovisual documents, mind maps) presented under a certain program in electronic form, as well as the contractor's activities to deliver this program. The attributes of the files containing the Information Course are indicated on the Site.
"Artist"
LIMITED LIABILITY COMPANY "MARKPRO"
General Director Belyakova Anastasia Aleksandrovna
Legal address 121248, Moscow, Kutuzovsky prospekt, 4/2, apartment 97
OGRN 1197746446116
INN 7730252116
ppc 773001001
OKATO 45268554000
Unless otherwise prohibited by law, the Contractor has the right to attract any third parties to provide services under this Agreement, remaining responsible for their actions.
"Implementation Object"
Webinar, Information course, online training, Disk, e-books, video courses and other similar objectively expressed training materials implemented by the Contractor. The cost of the Implementation Object is indicated on the Site.
"Consumer"
Any person who has paid the cost of the Object of Sale, in the manner provided for in the Agreement.
If the actions specified in clause 2 of the Agreement are actually committed by another person, it is considered that such person acted in the interests of the Consumer.
«Site»
A set of programs for electronic computers and other information contained in the information system, access to which is provided via the Internet at the network address of the
http://school.taktikaprodazh.ru,
http://taktikaprodazh.ru,
www.anastassiabeliakova.ru/howtohire,
www.anastassiabeliakova.ru/intensivehowtohire, as well as other sites of the Contractor.
«Delivery service»
Russian Post or other companies that carry out courier delivery (Pony Express, DHL, etc.).
"Parties"
Contractor and Consumer.
"Notice of conclusion of the Agreement"
A message sent by the Contractor to the Consumer and confirming the fact of concluding the Contract, as well as containing the information necessary for the Consumer to receive the Object of sale.
All other terms and definitions found in the text of the Agreement shall be interpreted by the Parties in accordance with the current legislation of the Russian Federation.
The titles of the titles (articles) of the Treaty are intended solely for the convenience of using the text of the Treaty and have no literal legal significance.
2. Procedure for concluding the Agreement2.1. The text of the Agreement, permanently posted on the Internet at the network address of the
http://school.taktikaprodazh.ru/dogovor-oferta,
www.anastassiabeliakova.ru/howtohire,
www.anastassiabeliakova.ru/intensivehowtohire consumances all the essential terms of the Agreement and is the Contractor's proposal to conclude an Agreement with any third party using the Site, on the terms specified in the text of the Agreement. Thus, in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation, the text of the Agreement is a public offer. The current cost of the Implementation Object is indicated on the Site.
2.2. Acceptance of the offer specified in clause 2.1 of the Agreement is carried out by the Consumer through the sequential implementation of the following actions:
2.2.1. selection of the Implementation Object by clicking the "Order" button (or a button with a different name, but clearly having the same purpose, for example, "Buy", "Buy", "Start Training", etc.) on the corresponding page of the Site;
2.2.2. entering into the order form that appears on the Site after selecting the Sales Object, information about the Consumer, including the Consumer's name, e-mail address and mobile phone number of the Consumer, as well as other information, the need for which is provided for by the corresponding order form;
2.2.3. clicking the "Order" button (or a button with a different name, but clearly having the same purpose, for example, "Buy", "Buy", etc.) in the completed order form. At the same time, by clicking the "Order" button (or a button with a different name, but clearly having the same purpose, for example, "Buy", "Purchase", etc.), the Consumer confirms the fact of familiarization and unconditional consent to the terms of the Agreement;
2.2.4. payment of the cost of the Realization Object by filling out a special form of payment for the Object of Sale and performing all actions necessary to transfer payment for the cost of the Object of Sale to the Contractor.
2.3. The Contract is considered to be concluded from the moment the Consumer pays the cost of the corresponding Sales Object. Payment is made using Internet acquiring services available on the Site. In this case, the payment is considered to be made from the moment of crediting the corresponding amount of funds to the account of the Contractor.
2.4. In confirmation of the conclusion of the Agreement, the Consumer shall be sent a Notification of a successful order to the e-mail address specified in the order form in accordance with clause 2.2.3 of the Agreement within 1 (one) working day from the date of payment of the cost of the Sales Object, which is also a notification of the conclusion of the Agreement.
3. Subject of the Contract3.1. Depending on the Consumer's choice of the Implementation Object:
3.1.1. The Contractor undertakes to provide the Consumer with information services by providing access to the Webinar or Online Training;
3.1.2. The Contractor undertakes to provide the Consumer with access to the Information Course in electronic form;
3.1.3. The Contractor undertakes to transfer to the Consumer the ownership of the Disc, e-books, video courses and / or other similar objectively expressed in an objective form training materials sold by the Contractor depending on the configuration of the Object of sale (at the discretion of the Contractor).
4. Providing access to the Webinar4.1. The webinar is held by the Contractor on the date and time specified on the Site, as well as in the Notice of conclusion of the Agreement. At the same time, if the information specified on the Site differs from the information specified in the Notice on the conclusion of the Agreement, the Consumer is obliged to be guided by the information specified in the Notice on the conclusion of the Agreement. The duration of the Webinar is determined by the Contractor. To conduct the Webinar, the Contractor has the right to involve any persons at its discretion.
4.2. The content of the Webinar is determined by the Contractor and must correspond to the description of the corresponding Webinar presented on the Site. The consumer is not entitled to give any instructions regarding the content of the Webinar.
4.3. To participate in the Webinar, the Consumer must click on the Individual Link contained in the Notice of Conclusion of the Agreement. The consumer independently provides himself with the equipment necessary to participate in the webinar. The technological platform for the Webinar is determined by the Executor independently.
4.4. In case of missing the Webinar, including part of the Webinar for reasons beyond the control of the Contractor, the Consumer is not entitled to demand the re-conduct of the Webinar or bringing to his attention the information contained in the Webinar in another form. At the same time, information services are considered to be provided properly.
4.5. During the Webinar, the Consumer has the right to ask questions related to the content of the Webinar, using the appropriate capabilities of the technological platform, unless otherwise specified in the Notice of conclusion of the Agreement. Such restrictions may apply to all or part of the Webinar.
4.6. The Contractor has the right to suspend the provision of services in case of incorrect behavior of the Consumer that interferes with the Webinar. The cost of the Webinar, during which the provision of services was suspended, is not refundable.
4.7. In relation to conducting online training sessions, the same procedure for the provision of services specified in clauses 4.1-4.6 of this Agreement applies.
5. Transfer of the Information Course5.1. The transfer of the Information Course is carried out within 5 (five) working days from the date of conclusion of the Agreement by:
5.1.1. sending to the Consumer in the Order Notice an Individual link to gain access to the Information Course or;
5.1.2. sending the Information Course to the e-mail address specified in the order form in accordance with clause 2.2.2 of the Agreement.
5.2. To receive the Information Course in accordance with clause 5.1.1 of the Agreement, the Consumer from the moment of receiving the Individual Link follows the Individual Link, after which the Consumer can receive the Information Course. From the moment the Consumer clicks on the Individual Link, the Contractor's obligations to transfer the Information Course are considered fulfilled.
5.3. If the transfer of the Information Course is carried out in the manner provided for in clause 5.1.2 of the Agreement, the Information Course shall be deemed to have been transmitted from the moment the Contractor sends an e-mail containing the Information Course to the address specified in the order form in accordance with clause 2.2.2 of the Agreement.
5.4. The Consumer independently provides himself with the equipment necessary for the use of the Information Course, with the minimum technical characteristics specified in the Notice of Conclusion of the Agreement.
5.5. The content of the Information Course is determined by the Contractor and must correspond to the description of the Information Course presented on the Site.
5.6. With regard to the transfer of electronic books, video courses and other similar educational materials expressed in an objective form implemented by the Contractor in electronic form, the same transfer procedure specified in clauses 5.1-5.5 of this Agreement applies.
6. Transfer of the Disc to the Consumer6.1. Delivery of the Disc is carried out using the services of the Delivery Service. The cost of delivery can be included in the cost of the Disc, or paid additionally (in this case, on the product description page there is a corresponding section explaining the special delivery conditions for this product).
6.2. The Contractor is obliged to transfer the Disc to the Delivery Service within 5 (five) working days from the date of conclusion of the Agreement. From the moment of transfer of the Disc to the Delivery Service, the Contractor's obligations to transfer the Disc to the Consumer shall be deemed to have been fulfilled.
6.3. Delivery of the Disc is carried out in the terms and in the manner provided for by the terms of delivery. The terms of delivery of the Disc are established by the Delivery Service and are communicated to the Consumer using the website on the Internet, as well as by other methods determined by the Delivery Service. The consumer must familiarize himself with the terms of delivery. For all questions related to the delivery of the Disc, the Consumer contacts the Delivery Service directly.
6.4. The Consumer is obliged to comply with the terms of delivery of the Disc established by the Delivery Service, and bears the risks of adverse consequences of non-compliance with such conditions.
6.5. If the Disc was not delivered to the Consumer for reasons beyond the control of the Contractor, the Contractor within 5 (five) working days from the date of return by the Disk Delivery Service shall refund the cost of the Disc minus the costs incurred by the Contractor related to the organization of delivery.
6.6. The Contractor is not responsible for the actions of the Delivery Service.
6.7. With regard to the transfer of electronic books, video courses and other similar educational materials expressed in an objective form, implemented by the Contractor in the form of a material carrier, the same transfer procedure specified in clauses 6.1-6.6 of this Agreement applies.
7. Individual Links7.1. Any click on the Individual Link is considered to be made by the Consumer or a third party on behalf of the Consumer.
7.2. The Consumer bears the risks of using the Individual Link by third parties without the consent of the Consumer in the event that such use became possible as a result of the Consumer's failure to take appropriate precautions, including failure to take measures to ensure the confidentiality of the password to the e-mail address to which the Individual Link was sent.
8. Rights to the results of intellectual activity8.1. Exclusive and personal non-property rights to the Site, any results of intellectual activity posted on the Site or contained in the Implementation Objects belong to the Contractor or other persons who have concluded an agreement with the Contractor giving him the right to post the results of intellectual activity of these persons on the Site, in the Objects of Implementation or as part of them, and are protected in accordance with the current legislation of the Russian Federation.
8.2. Actions and / or omissions of the Consumer, which entailed a violation of the Rights of the Contractor or are aimed at violating the Rights of the Contractor to the Site, The Objects of Sale or their components, entail criminal, civil and administrative liability in accordance with the legislation of the Russian Federation.
8.3. All the results of intellectual activity contained on the Site and in the Objects of sale can be used by the Consumer exclusively for personal purposes. The consumer is not entitled to use such results in other ways.
9. Achieving results9.1. The Contractor is not responsible for the reliability, practical applicability and value for the Consumer of the information contained in the Objects of Sale.
9.2. The Contractor is not responsible for achieving any results related to the practical application of the information contained in the Objects of Implementation. Any recommendations contained in the Sales Objects are implemented by the Consumer at his own risk.
10. Refunds10.1. The Consumer has the right, within 5 (five) calendar days from the date of payment for the online training course, to demand a refund of the full cost of the Implementation Object, provided that all homework and recommendations provided by the author of the training course are completed, and changes for the better side of the business are not achieved from the first day of training.
10.2. In order to return the cost of the Object of Sale in accordance with clause 10.1 of the Agreement, the Consumer is obliged to send a corresponding application to the Contractor in writing by registered mail with a list of attachments and a notification of receipt indicating:
10.2.1. surname, name, patronymic of the Consumer (while the Contractor has the right to request from the Consumer to provide a copy of the Consumer's identity document);
10.2.2. date of conclusion of the Agreement;
10.2.3. the number of the Agreement specified in the Notice of Conclusion of the Agreement; 10.2.4. Objects of sale, the value of which is subject to return.
10.3. Refunds in the cases provided for in the Agreement shall be made to the bank account of the Consumer from which the funds were transferred to the Contractor within 7 (seven) working days from the date of occurrence of the grounds for the refund
10.4. In case of impossibility to return the funds in the manner provided for in clause 10.3 of the Agreement, the Contractor shall notify the Consumer within the period established by clause 10.3 of the Agreement. In this case, the refund is carried out at the location of the Contractor at the request of the Consumer, or in another way additionally agreed by the Parties.
10.5. A consumer who has exercised the right provided for in clause 10.1 of the Agreement, including under previously concluded contracts with the Contractor, loses the right to use the Site for any purpose, including for the purpose of acquiring Sales Objects.
11. Procedure for filing claims11.1. All disputes, disagreements and claims that may arise in connection with the execution, termination or invalidation of the Agreement,
The parties will seek to resolve through negotiations. The Party that has any claims and/or disagreements shall send the other Party a communication indicating the claims and/or disagreements that have arisen.
11.2. The message specified in clause 11.1 of the Agreement is sent by the Consumer to the e-mail address of the info@taktikaprodazh.ru and is also sent to the Contractor in writing by sending by mail by registered mail with a notification of receipt and a list of attachments. The message must contain the essence of the claim, evidence supporting the claim, as well as information, as well as information provided for in clauses 10.2.1 - 10.2.3 of the Agreement.
11.3. Within 15 (fifteen) working days from the date of receipt of the original message specified in clause 11.1 of the Agreement, provided that this message complies with the provisions of clause 11.2 of the Agreement, the Party that received it is obliged to send a response to this message.
11.4. If the response to the message is not received by the Party sending the message within 30 (thirty) working days from the date of sending the relevant message, or if the Parties do not come to an agreement on the claims and / or disagreements that have arisen, the dispute shall be submitted for consideration to the authorized court at the location of the defendant.
12. Force Majeure12.1. The Parties shall be exempt from liability for non-fulfillment or improper fulfillment of obligations arising from the Agreement, if the cause of non-fulfillment (improper performance) is force majeure circumstances, which, among others, include natural disasters, fires, man-made accidents and catastrophes, accidents at engineering structures and communications, mass riots, military actions, terrorist acts, riots, civil unrest, strikes, regulatory acts of bodies state power and local self-government that prevent the Parties from fulfilling their obligations under the Agreement, that is, extraordinary and insurmountable circumstances under these conditions, independent of the will of the Parties, which occurred after the signing of the Agreement.
12.2. In the event of force majeure circumstances, the term of fulfillment of obligations under this Agreement shall be postponed in proportion to the time during which such circumstances continue to operate, without compensation for any losses.
12.3. If the force majeure circumstances suffered by the Parties last more than 3 (three) months in a row, the Parties have the right to refuse to fulfill their obligations under the Agreement on the specified basis.
13. Confidentiality
13.1. The Parties undertake not to disclose confidential information under this Agreement to third parties, except for cases provided for by the current legislation of the Russian Federation.
14. Processing of the Consumer's personal data
14.1. By entering into the Contract and entering personal data into the order form, the Consumer gives his consent to their processing under the conditions specified in Appendix No. 1 to this Agreement.
14.2. In addition, the Consumer hereby agrees to receive information from the Contractor, including advertising, at the phone number and e-mail address specified in the order form.
15. Term, Modification and Termination of the Agreement
15.1. The Agreement comes into force from the moment of its acceptance and is valid until the Parties fully fulfill their obligations.
15.2. This Agreement may be terminated at the initiative of one of the Parties with prior notice to the other Party 30 (thirty) calendar days before the expected date of termination of the Agreement.
15.3. Termination of this Agreement cannot be a basis for refusing to complete settlements under it.
15.4. The Parties agree that the Agreement may be amended by the Contractor unilaterally by posting the updated text of the Agreement on the Internet at
http://school.taktikaprodazh.ru/dogovor-oferta. The Consumer confirms his consent to changes in the terms of the Agreement by using the Site.
16. Address, details of the Contractor
LIMITED LIABILITY COMPANY "MARKPRO"
General Director Belyakova Anastasia Aleksandrovna
Legal address 121248, Moscow, Kutuzovsky prospekt, 4/2, apartment 97
OGRN 1197746446116
INN 7730252116
ppc 773001001
OKATO 45268554000
The User has the right to send all suggestions or questions about this Offer to the following e-mail: info@taktikaprodazh.ru.
Appendix No. 1 to the Offer Agreement for the Sale of an Information Product
CONSENT TO THE PROCESSING OF PERSONAL DATA
I hereby decide to provide my personal data and consent to their processing freely, by my own will and in my interest, for the purpose of their communication on the sites of
http://school.taktikaprodazh.ru,
http://taktikaprodazh.ru and other sites belonging to the Operator for the processing of personal data (including in other domain zones).
LIMITED LIABILITY COMPANY "MARKPRO"
(hereinafter referred to as the "Operator")
General Director Belyakova Anastasia Aleksandrovna
Legal address 121248, Moscow, Kutuzovsky prospekt, 4/2, apartment 97
OGRN 1197746446116
INN 7730252116
ppc 773001001
OKATO 45268554000
The list of personal data, the processing of which is given the consent of the subject of personal data:
surname, name, patronymic; date and place of birth; address; marital status; photograph, passport details: a) type of document; b) the series and number of the document; c) the authority that issued the document: - name, code; d) the date of issue of the document; address of registration of the place of residence; address of the actual place of residence; gender; age; contact phone number; information on labor activity; e-mail addresses.
The list of actions with personal data, the commission of which consent is given, a general description of the methods used by the operator to process personal data:
- Communication (distribution) of personal data on the website of the
http://school.taktikaprodazh.ru,
http://taktikaprodazh.ru and other sites belonging to the operator for the processing of personal data (including in other domain zones), as well as at conferences (symposia), presentations, competitions in which the Operator participates;
- Implementation of direct contacts with potential consumers using means of communication and information and telecommunication technical means using personal data;
- Inclusion of personal data (any part of personal data at the choice of the Operator) in information products, training courses, webinars, online trainings, e-books produced by the Operator.
The processing of the above personal data will be carried out through the mixed processing of personal data (collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
The period during which the consent of the subject of personal data is valid, as well as the method of its withdrawal, unless otherwise established by federal law:
This consent is valid for 50 years. Method of revocation - a written notification of the Operator at the place of its location (with delivery under the signature by the courier or postal service).