Voronezh June 15, 2021
This agreement is an official offer (public offer) addressed to any individual, further named
as the Customer, who has agreed to the conditions of this public offer by its full and unconditional acceptance.
The Customer is obliged to fully familiarize himself with this document before making the payment.
Individual entrepreneur Shamarina Ekaterina Aleksandrovna
, presenting an online course on permanent makeup "Camouflage", acting on the basis of a certificate of state registration as an individual entrepreneur No. 003989754 dated September 7, 2016, (PSRNIE
316366800121160, ITN 366521580541, legal address: 394018, Russia, Address: Voronezh, January 9 Street, 36/1 office 62.), further named as the Contractor expresses its intention to conclude a contract for the provision of paid educational services with the Customer on the terms of this offer (hereinafter referred to as the "Contract").
The agreement does not require a bilateral signature and is concluded under the paragraph 2 of Civil Code section 437 of the Russian Federation. 1. TERMS AND DEFINITIONS
For the purposes of this offer, the following terms are used in the following meanings: Offer
— this document published on the website http://katyaconture.ru/camouflage Acceptance of the Offer
— full and unconditional acceptance of the Offer by performing the actions specified in the paragraph 2.2. of the Offer. Acceptance of the Offer creates a Contract. The Customer
is an adult who has accepted the Offer, who is a consumer of paid educational services under the concluded Contract, or an authorized representative of a minor who will be a consumer of paid educational services. Contract
— an agreement between the Customer and the Contractor for the provision of educational services, which is concluded by accepting the Offer. Website
— an Internet resource containing full information about the content and cost of courses, located at http://katyaconture.ru/camouflage Tariff
— a set of services included in the course price 2. SUBJECT OF THE CONTRACT
2.1. The Contractor provides, and the Customer pays for informational and consulting services within under the selected course, the duration and plan of which are determined by the Annexes to the Contract posted in the relevant sections of the Site.
2.2. By paying, the Customer expresses his full and unconditional acceptance of the terms of this agreement (acceptance).
2.3. The cost of services under the Agreement is reported on the Website and amounts a sum specified for a specific course of interest to the Customer, in accordance with the tariff indicated on the course webpage. 3. OBLIGATIONS OF THE CONTRACTOR
The Contractor is obliged to:
3.1. Organize and ensure proper quality performance of the services provided for in clause 2.1. of this Agreement, in accordance with the curriculum and tariff chosen by the Customer.
3.2. In order to organize access to educational materials and broadcasts, the Contractor undertakes to register the Customer in the Site's accounting system, provide a login and password to the Personal Account (profile).
3.3. Provide the Customer with all the necessary educational materials.
3.4. In case of lack of access to educational materials due to technical problems of the Site, the Contractor is obliged to fix the problems or provide alternative access to educational materials.
3.5 The Contractor has the right to change or supplement the content of the Course in any form without the consent of the Contractor. In particular, the Contractor has the right to change the topics of lectures, Webinars, replace the hosts of Webinars, change the program or duration of Webinars, as well as delete any previously posted materials. 4. OBLIGATIONS OF THE CUSTOMER
4.1. The Customer provides reliable information when registering on the Website and keeps this information up to date in the personal account (profile).
4.2. The Contractor has the right to refuse to provide services to the Customer in case the Customer provides knowingly incorrect (false) information.
4.3. The Customer is obliged to properly do the tasks for preparing for classes.
4.4. The customer is obliged to strictly follow the instructions of the teacher doing the tasks. 5. RIGHTS OF THE CONTRACTOR AND THE CUSTOMER
5.1. The Contractor has the right to involve third parties for the provision of services, being responsible for their actions.
5.2. The Contractor has the right to refuse to provide new services to the Customer if the Customer during the training period committed violations provided for by civil law and this agreement, and giving the Contractor the right to unilaterally refuse to perform the contract.
5.3. When studying at rates including teacher support, in case of misunderstanding of the material covered, the Customer is obliged to notify the teacher about this by contacting the school administration by e-mail firstname.lastname@example.org
5.4. The Customer has the right to require the Contractor to provide information:
• on issues related to the organization and ensuring the proper performance of services provided for in section 2 of this agreement;
• on the assessment of the knowledge and the criteria for this assessment.
5.5. The Contractor has the right to immediately terminate the provision of educational services with the return of funds for paid tuition, in case of aggression or disrespectful attitude by the Customer.
5.6. The Customer has the right to transfer to the next group at the selected course once for free if, due to unforeseen circumstances (for personal reasons or due to an incorrect assessment of his level of training), he cannot receive the services of the Contractor in the paid group. The difference in the cost of training in these groups is not taken into account by the Parties and cannot serve as a basis for demanding payment.
5.7. The Customer can use the right of free transfer to another group (paragraph 5.6. of this document), no later than the end date of classes in the group in which the tuition was paid.
5.8. The Customer is obliged to complete the paid group course within a calendar year from the date of receipt of payment for services to the Contractor's account (or from the date of payment of the gift certificate). After this period, the Customer loses the opportunity to receive information and consulting services of the Contractor or to return the funds. 6. CONDITIONS AND PROCEDURE FOR THE PROVISION OF SERVICES
6.1. The Customer pays for the services specified in Section 2.1 of the Agreement in Russian rubles. Payment for the services provided is made on the basis of a payment invoice. The invoice is generated after selecting the "Sign up for the course" button and subsequent registration. The invoice is paid by selecting the appropriate payment method on the Website after clicking the confirmation button.
6.2. The Customer pays for the Contractor's services before the start of training in the amount of 100% prepayment by transferring non-cash funds to the Contractor to the Contractor's current account.
6.3. The moment of payment is considered to be the receipt of funds to the Contractor's current account. For payments made through Paypal, the moment of payment is the acceptance by the Contractor of the notification of receipt of the payment.
6.4 If the Customer wants to reserve his participation in the training, he can make an advance payment, the Customer makes the specified and fixed prepayment on the Website. After paying for the relevant Course in full, the Contractor provides the Customer with full access to the Course materials.
6.5 If the Customer refuses to pay for the relevant Course or Additional Services in full, the Contractor has the right not to refund the prepayment amount for the Course or Additional Services chosen by the Customer, since the funds paid are used to repay the Contractor's expenses, and are also regarded as the Customer's penalty for violating the conditions of the contract.
Contractor's expenses are understood as expenses related to the fulfillment of obligations under the Contract, including, but not limited to:
- expenses for course development services (to the author/methodologist/expert, etc.);
- expenses for services for shooting and editing the Course (videographer/ editor/ operator, etc.);
- the cost of renting a studio for recording/shooting the Course;
- expenses for communication services related to the placement of the Course in the information and telecommunications network "Internet", as well as communication with the Customer;
- expenses for the services of a manager who accompanies the Customer from the moment of the initial request to the end of the Course;
- utility costs (electricity);
- tax expenses;
- expenses for servicing the Contractor's current account;
- Course advertising expenses;
- expenses for payment system commissions charged when transferring funds to the Contractor's account and from the Contractor's account to the Customer's address.
6.6 Payment for the Contractor's services is carried out in one of the following ways:
- by paying with electronic money;
- by paying through payment terminals or internet banking;
- by payment to the Contractor's current account;
- in other ways by prior agreement with the Contractor.
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. If the Contractor cannot identify the Customer who made the payment, the contract is considered not concluded. In the case of a refund of the paid funds, the refund is made using the same details for which the payment was received, and on the basis of a personal statement of the person in whose name the bank card was issued. 7. PASSING CLASSES AND RESTORING PASSES
7.1. The customer, who is studying at the Tariffs that include teacher support, is obliged to complete all homework.
7.2. The Customer has the right to extend the period of teaching support, in case of illness that prevented classes. To do this, it is necessary to notify the school administration by e-mail or phone, and at the end of the illness, confirm it with a sick leave.
7.3. The Customer makes up for missed classes of online broadcasts independently by viewing video recordings via an Internet link sent to him by e-mail specified during registration. The customer is obliged to review all recordings of missed classes before the next online broadcast that he will attend. 8. COPYRIGHT COMPLIANCE AND CONFIDENTIALITY
8.1. The Customer is obliged to comply with the copyright of the online course on permanent makeup "Camouflage" for all course materials in accordance with the Copyright Law.
8.2. The Customer is prohibited from copying any video or text materials. The exception is the training files marked as "Homework".
8.2.1. All photos and videos made by Customers during the training are the property of the Contractor. The Contractor has the right to dispose of these photographic materials at its discretion, including publishing them on social networks.
8.3. The Customer is prohibited from using the training materials obtained in the classes in the online course on permanent makeup "Camouflage" for commercial purposes, on his own behalf, to place in the public domain, to transfer to third parties.
8.4. The Customer is prohibited from transferring the login and password of access to the Site to third parties. The discovery of the fact of access to the materials of the courses of third parties is the basis for unilateral termination by the Contractor of the contract without refund.
8.5. The fact of the conclusion of this Agreement is not considered by the Parties as confidential information.
8.6. The Parties undertake not to disclose the information received by the Parties in the course of fulfilling their obligations under this Agreement, except in cases when the Party is obliged to provide such information in accordance with the current legislation applicable to the Agreement, or consent has been obtained to disclose such information. 9. PROCESSING OF THE CUSTOMER'S PERSONAL DATA
9.1. The Customer's personal data is processed in accordance with the Federal Law "On Personal Data" No. 152-FL.
9.2. When registering on the Website, the Customer provides the following information: surname, first name, contact phone number, e-mail address.
9.3. By providing his personal data to the Contractor, the Customer agrees to their processing by the Contractor, including for the purpose of fulfilling the Contractor's obligations to the Customer under this public offer, promoting goods and services by the Contractor, conducting electronic and sms surveys, monitoring the results of marketing campaigns, customer support, conducting prize draws among Customers, monitoring Customer satisfaction, as well as the quality of services provided by the Contractor.
9.4. The processing of personal data means any action (operation) or a set of actions (operations) performed by the Contractor with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification) extraction, use, depersonalization, blocking, deletion, destruction of personal data.
9.6. The Contractor receives information about the IP address of the Site visitor. This information is not used to identify the visitor.
9.7. The Contractor is not responsible for the information provided by the Customer on the Website in a publicly available form.
9.8. The Contractor has the right to record telephone conversations with the Customer. At the same time, the Contractor undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations and/or transfer it to third parties not directly related to the execution of Orders, under the paragraph 4 of the Federal Law section 16 "On Information, Information Technologies and Information Protection". 10. LIABILITY FOR NON-FULFILLMENT OR IMPROPER FULFILLMENT OF OBLIGATIONS UNDER THIS AGREEMENT
10.1. In case of violation by the Customer of paragraphs 8.1., 8.2. and 8.3., 8.4., of this agreement, the Contractor has the right to demand from the Customer to pay compensation to the Contractor for copyright infringement in the amount of 2,000,000.00 (two million) rubles.
10.2. The Course Platform is informative. The examples of profit/income increase considered in the Course are the intended receipt of income of specific persons and does not guarantee the actual receipt of profit by the Customer.
10.3. The Contractor does not guarantee the receipt of income and profit by the Customer when providing information services under this agreement. All risks associated with the expectation of profit are borne by the Customer.
10.4. The Customer acknowledges and agrees that the result of the services received, received or planned to be received may not meet the Customer's expectations.
10.5. The Contractor is not responsible for non-fulfillment of this agreement in case the Customer provides false data in the Participant's Questionnaire on the Contractor's website, as well as in case the Contractor fails to notify the Contractor of changes in the data filled in the Participant's Questionnaire.
10.6. In case of non-fulfillment or improper fulfillment by the parties of their obligations under this agreement, they bear the responsibility provided for by civil legislation and consumer protection legislation, on the terms established by this legislation.
10.7. The Customer agrees and acknowledges that actions performed using login and password authentication data generate legal consequences similar to the use of personal signatures.
10.8. The Contractor does not guarantee the absence of malfunctions and errors in the operation of the Site.
10.9. Neither Party will be liable for the full or partial non-fulfillment of any of its obligations under this Agreement, if the non-fulfillment will be the result of force majeure circumstances. The party for which the impossibility of fulfilling the circumstances has been created is obliged to immediately notify the other party in writing of the occurrence, expected duration and termination of the above circumstances. Failure to notify or untimely notification deprives the Parties of the right to refer to any of the above circumstances as grounds for releasing from liability for non-fulfillment of obligations. 11. DISPUTE RESOLUTION
11.1. All disputes and disagreements arising in connection with the execution of this Agreement are resolved by the Parties through negotiations. The term for consideration of a written claim by the Parties is 15 (fifteen) calendar days.
11.2. Regardless of the country of location and (or) residence of the Customer or his citizenship, the relationship between the Customer and the Contractor is subject to the norms of the legislation of the Russian Federation.
11.3. In case of failure to reach an agreement between the Parties, all disputes are considered in court, in accordance with the legislation of the Russian Federation at the place of provision of the service. The parties recognize the city of Voronezh as the place of rendering Services. 12. TERM OF THE CONTRACT AND OTHER CONDITIONS
12.1. This Agreement enters into force from the moment the Customer accepts this Public Offer and is valid until the Parties fully fulfill their obligations.
12.2. The Contractor
reserves the right to make changes to this Agreement at any time at its discretion, such changes come into force from the moment the amended text of the Agreement is posted, unless another date for the entry into force of the changes is additionally defined in the text of the publication.
12.3. The application made by the Customer, which is filled in on the Contractor's Website, is an integral part of this Agreement.
12.4. In all other matters not provided for in this Agreement, the Parties will be guided by the current legislation of the Russian Federation.
12.5. The Customer confirms that before the conclusion of the Contract (acceptance of this Contract), he has received from the Contractor all the full information about the terms, procedure and other conditions for the provision of Services and that all the terms of this Contract are clear to him, and he accepts them unconditionally and in full. The Contractor:
Shamarina Ekaterina Alexandrovna
Online course on permanent makeup "Camouflage"
Legal address: 394018, Russia, Address:
Voronezh, January 9 Street, 36/1, office 62
Certificate of entry into the USRLE
for No. 316366800121160 dated September 7, 2016
ITN (INN): 366521580541
PSRN (OGRN): 316366800121160
Acc. at AO Tinkoff Bank 40802810400001461830
Corr. acc. 30101810145250000974
Address: Voronezh, ul. January 9, 36/1, office 62.