This document, permanently posted on the Internet at lena-photo.ru/oferta, is an offer of Sole Proprietor Mikhailova Elena Mikhailovna (PSRNSP 321482700000432) (hereinafter “the Contractor”) to enter into this Agreement (hereinafter “the Agreement”, “the Offer”) with any interested individual, sole proprietor or legal entity (hereinafter “the Customer”).
1.1. In accordance with Item 2 Article 437 of Civil Code of Russian Federation Civil in case the conditions stated below are accepted and the offer is accepted, the person accepting this offer is considered as a Customer (in accordance with Item 3 Article 438 of Civil Code of Russian Federation acceptance of the offer is tantamount to concluding an agreement in terms stated in the offer). Therefore, read carefully the text of this offer and if You do not agree with any point of this offer, the Contractor invites You to refuse to perform any actions necessary for the acceptance.
1.2. This Agreement and the relations of the Parties arising from this Agreement shall be governed by the laws of the Russian Federation.
1.3. Acceptance of this public offer is the Customer’s full payment for services in accordance with the terms of this Agreement. From the moment of payment of the Contractor’s services the Customer is considered to accept the terms of the Agreement in full, without any reservations and exceptions. In case of disagreement of the Customer with any of the provisions of the Agreement, the Customer shall immediately notify the Contractor in writing to withdraw from the Agreement in the manner prescribed in the Agreement.
1.2. By accepting this Offer, the Customer:
● guarantees the accuracy and relevance of the information provided about himself;
● Guarantees that he/she is an adult, legally capable and competent person;
● Agrees that he/she is solely responsible for any consequences arising from false, irrelevant or incomplete information about himself/herself.
1.2. Acceptance of this Offer and, accordingly, conclusion of this Agreement means that the Customer is familiar with the terms and conditions of this Agreement, the order of provision and payment for services, recognizes the unconditional suitability of the payment system offered by the Contractor for payment for services, as well as the Website to perform actions and achieve the objectives that are the subject of this Agreement.
1.3. By accepting this Offer, the Customer confirms that the Contractor’s provision of services under this Agreement remotely using the Contractor’s Website and the Platform is fully consistent with the Customer’s ability to use the services provided in this way.
1.4. In this Agreement, unless otherwise expressly provided herein, terms shall have the meanings set forth below:
Service — training carried out by the Contractor by providing access to video lessons, master classes, text guides and other materials.
Website — the website lena-photo.ru/ with all its subdomains, which is a set of information, texts, graphics, images, photos and videos, and other results of intellectual activity, the exclusive rights to which belong to the Contractor.
Video lessons, master-classes — authoring video lessons, the Contractor’s collections of video tutorials on the subject of creating and processing photos.
Guides — text lessons of the Contractor on the subject of creating and processing photos.
Lessons — co-designation of the Contractor’s services: video lessons, master-classes, guides
Verification — a set of actions aimed at identifying the Customer as a person who accepts this Offer.
Handouts — the results of intellectual activity: photos, checklists, document templates, cheat sheets, instructions, tables, flowcharts, presentations and other materials that are provided to the Customer in the training, the exclusive right to which belongs to the Contractor.
The platform — CRM AutoWebOffice (AutoOffice), through which applications are created and paid for services.
2. THE SUBJECT MATTER OF THE AGREEMENT
2.1. The purpose of this Agreement is the provision of services to the Customer on a selected and paid lesson topic for a fee.
2.2. The Services are provided by providing the Customer with access to the lesson and handouts by sending a link.
2.3. The content of the lessons, their capacity and cost is determined by the conditions specified on the Provider’s website.
2.4. Services under this Agreement are provided by the Contractor remotely via the Internet.
3. SERVICE PROCEDURE
3.1. A person wishing to receive services, clicks on the “Purchase” button or other similar button on the website. By clicking on this button, the Customer gets to the Platform.
3.2. The Customer leaves an application on the Platform by inserting the following information: name and surname, e-mail address, contact phone number and pays for the services in the order stipulated by Section 4 of the Agreement.
This form can be completed by an sole proprietor as well as a representative of a legal entity.
3.3. After receiving the application, the Customer receives an email to the specified email address to confirm the application and to make payment, if the application has not been paid for earlier.
3.4. By providing the e-mail address, the Customer confirms its consent to the exchange of electronic correspondence through open communication channels (Internet, messengers, other).
3.5. After the payment is made, the Customer receives a payment confirmation message and information for access to the lessons.
3.6. Access to video lessons and master-classes is provided to the Customer as follows: the Customer receives a link to the archive with the lesson and an individual record-protection key to the e-mail address. The archive has to be extracted using the provided instructions. The key can be activated only on one computer and only once. The lesson can be viewed an unlimited number of times, but only on the device where the key is activated.
3.7. The Contractor’s services are considered rendered from the moment the Customer receives the message with the link to the lesson and all handouts, regardless of the actual opening and listening to the lesson and handouts by the Customer.
3.8. The Contractor gives the Customer a three month warranty on the services.
If the Customer fails to achieve the result stated on the Website in the creation and processing of the photo according to the purchased lesson, the Customer must request a quality check of the result obtained.
3.9. To check the quality of the obtained result, the Customer sends to the Contractor by e-mail or messenger:
3.9.1. files of photos used by the Customer to practice the lesson: the original photo and the edited photo (result),
3.9.2. a step-by-step text description of the actions that the Customer carried out during the lesson (the process of photo processing).
3.10. The Contractor checks the quality within ten calendar days of receipt of the Customer’s photos. The Contractor checks the Customer’s fulfillment of all recommendations of the lessons. If the Contractor reveals the Customer’s deviation from the recommendations set forth in the lesson, the money is not refunded.
If the Contractor confirms the validity of the Customer’s claims, the Customer has the right to demand a full or partial refund of the cost of such a lesson.
3.11. Refunds are made on the basis of an application, which must contain:
3.11.1. name / full name of The Customer,
3.11.2. date and time of payment for the services (transaction),
3.11.3. refund amount,
3.11.4. the reason for termination of the Agreement,
3.11.5. payment details of the Customer for the refund,
3.11.6. date of signing,
3.11.7. the Customer’s signature.
3.12. The application for a refund is signed by the Customer and is sent as a scanned copy/picture to the email address of the Contractor.
3.13. Refunds are made within ten calendar days of receipt of the Customer’s application.
3.14. Services may be suspended by the Contractor due to production necessity or in connection with preventive maintenance, as well as in cases established by the legislation of the Russian Federation, about which the Customer is notified by the information on the site/platform/in messengers or the Customer’s e-mail address.
4. COST OF SERVICES AND PAYMENT PROCEDURE
4.1. The cost of the Services under this Agreement with respect to each lesson is posted on the Website and the Platform.
4.2. The cost of the Services can be changed by the Contractor at any time unilaterally. The new price enters into force from the date of publication and does not apply to the Services prepaid at the time of publication.
4.3. Payment for the selected Services is possible in the following ways:
4.3.1. in non-cash transfer of funds to the account of the Contractor,
4.3.2. using electronic payment systems that are available on the Platform,
4.3.3. using electronic payment systems, which are available at the link sent by the Contractor to the Customer by e-mail,
4.3.4. by invoicing the Customer (if the Customer is a legal entity or sole proprietor) and its payment. The request for invoicing shall be sent by the Customer via the Contractor’s e-mail.
4.4. The moment of payment for the Customers — individuals is the moment of confirmation of the execution of the order to transfer funds by the credit organization serving the Customer. The moment of payment for the Customers — legal entities and sole proprietors is the moment of crediting of funds to the current account of the Contractor.
4.5. After receiving access to the lesson, the cost is not refundable, since the service is considered provided when the Customer receives access in accordance with Item 3.7. of the Agreement.
5.1. The Parties shall be liable in connection with the failure to perform their obligations under the Agreement in accordance with the applicable laws of the Russian Federation.
5.2. Inaccurate provision of information by the Customer about himself, including incomplete provision of information by the Customer about himself exempts the Contractor from liability to the Customer.
5.3. The Contractor shall not be liable for the inability to provide services to the Customer if such inability was caused by circumstances beyond the Contractor’s control, including, but not limited to: in case of fires, epidemics, wars, anti-terrorist operations, extreme weather conditions, power outages, viral computer programs, blocking the Internet resources, the Site or the Platform by the court or state authorities, as well as if such circumstances were caused intentionally.
5.4. The Contractor shall not be liable for non-compliance of the service provided with the expectations of the Customer and/or his subjective assessment. Such a discrepancy with expectations and/or negative subjective assessment are not grounds to consider the services provided substandard or not in the agreed amount. Also the opinion of third parties (including employees of state authorities), different from the opinion of the Contractor (its employees and/or partners) are not such grounds.
5.5. If the Customer, for reasons beyond the control of the Contractor, did not use the Services, but had the opportunity to use them (access to the lessons and handouts was provided by the Contractor), the services are considered to be provided in full.
5.6. The Contractor does not guarantee absolute continuity of the Services under this Agreement, despite the fact that the Contractor takes all possible measures to prevent the above mentioned. In case of unsatisfactory quality of Internet connection, stable operation of the Site and the Platform is not guaranteed.
6. INTELLECTUAL RIGHTS
6.1. The copyright for the video lessons and handouts belongs to the author — Mikhailova Elena Mikhailovna. Such copyrights as copyright, right to name, right to inviolability of the work, arise from the moment of creation of the corresponding video lesson and are valid indefinitely.
6.2. Exclusive rights to the video lessons and handouts belong to the Contractor under this Agreement Mikhailova Elena Mikhailovna. The exclusive right is valid from the moment of creation of the corresponding video lesson, during the whole life of the author and 70 years after the death of the author, calculated according to the rules of Russian legislation.
6.3. The client is allowed a non-exclusive license to use the lessons and handouts received (digitally downloaded). He may use the lessons and handouts in the following ways: downloading to digital media, storing, and printing.
6.4. The Customer is prohibited to share the lessons and handouts to third parties. Any reworking of the video lessons, in particular, translation into a foreign language, processing into a computer program, as well as otherwise creating new results of intellectual activity on the basis of the Contractor’s authorial video lessons, without obtaining a special written permission of the author of the video lessons, are prohibited.
6.5. The Customer’s use of intellectual property, access to which is provided as part of the Services under this Agreement, in violation of the rules of paragraphs 6.3 — 6.4 of the Agreement, shall incur a fine in the amount of 300 000 rubles for each fact of unauthorized use of intellectual property, as well as compensation for damages caused to the author by such Use.
7. PERSONAL DATA PROCESSING
7.1. The Customer gives his consent to the Contractor to process his personal data, namely: name, surname; e-mail address; contact phone number; accounts in messengers and social medias.
7.2. Processing of personal data means recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data not falling under special categories, the processing of which, under the current legislation of the Russian Federation, requires the written consent of the Customer.
7.3. Processing of personal data is made in order to perform the Contractor’s obligations under this agreement, to provide the Customer with feedback and technical support when using the Contractor’s website and the Platform, to provide access to video lessons, as well as to send information and advertising messages to the e-mail address specified by the Customer when sending the application.
7.4. The Contractor shall process the Customer’s personal data using databases on the territory of the Russian Federation.
7.5. The Customer may withdraw consent to the processing of personal data at any time by sending the Contractor a notice to the email address. In this case, the Customer understands and acknowledges that the withdrawal of consent to the processing of personal data may require the removal of any information relating to the receipt of services by the Customer.
7.6. Customer consents to receive newsletters and promotional materials from the Contractor to the e-mail address and contact phone number indicated by the Customer when sending the application.
Consent to receive newsletters and promotional materials can be withdrawn by the Customer at any time by sending a notice to the Contractor’s e-mail address.
7.7. The Customer consents to the Contractor’s free use and publication on the Internet:
● the Customer’s feedback,
● photo/image/logotype of the Customer,
● name, company name of the Customer,
● Photos of the Customer (with a reference to the author of the photo)
8. FINAL AGREEMENT CLAUSES
8.1. This agreement shall enter into force upon acceptance by the Customer in accordance with Item 1.3. of the Agreement and shall remain in force until the Parties perform their obligations in full.
8.2. The Parties shall make every effort to resolve all possible disagreements in connection with the conclusion, performance and termination of the Agreement by negotiation. In case of impossibility to resolve disagreements by negotiation, disputes with Customers who are individuals shall be resolved in accordance with the procedure established by the legislation of the Russian Federation in the court of general jurisdiction.
Disputes with Customers who are sole proprietors or legal entities shall be resolved in the Arbitration Court at the location of the Contractor.
8.2. Inaction on the part of the Contractor in case of violation by the Customer of the provisions of this Agreement does not deprive the Contractor of the right to take appropriate action later to protect their interests and to protect the intellectual rights to the protected in accordance with the laws of the Russian Federation of the materials of the lessons.
8.3. A court ruling that any provision of this Agreement is invalid or unenforceable shall not invalidate the other provisions of the Agreement.
9. PAYMENT DETAILS OF THE CONTRACTOR © 2020 Elena Mikhailova
Individual Entrepreneur Elena Mikhailova
INN (Taxpayer Identification Number) 771819064330,
PSRNSP (Primary State Registration Number of the Sole Proprieto): 321482700000432
Registered address: 8 Shcherbakov St., Gryazi, Lipetsk region, Russia, 399056
Individual Entrepreneur Natalia Sysoeva
INN (Taxpayer Identification Number) 253801239072,
PSRNSP (Primary State Registration Number of the Sole Proprieto): 321774600422168
Registered address: 17\25-109 Mosfilmovskaya stree, Moscow, Russia, 119330.