Offer Agreement1. GENERAL PROVISIONS1.1. This Contract (“Agreement”) is the official offer (“Offer”) from Individual entrepreneur Anastasiya Plotnikava NIF: 310705568 ( "Contractor"), extended to an unlimited audience to be contracted under the terms stipulated herein, applicable to any competent individual or legal entity ("Customer").
1.2. Upon acceptance by the Customer, this Offer constitutes a binding contract, effective also in electronic form, under the terms of adherence which the Customer agrees to by accepting this Offer.
1.3. All terms are public and consistent across all Customers, regardless of their status (individual, legal entity, individual entrepreneur). By fully accepting this Agreement, the Customer agrees to the terms of order placement, payment for Services, and penalties for non-compliance.
1.4. The Agreement is effective upon the Customer's acceptance, which is indicated by any actions demonstrating agreement to the terms proposed by the Contractor, such as sending a written application via email/messenger and/or clicking the "PAY" button on the Contractor’s website, thereby consenting to the purchase of the Service.
2. SUBJECT OF THE AGREEMENT2.1. The subject of this Agreement is the provision of marketing and educational services (“Services”) by the Contractor, structured into one distinct blocks: Tariff "I want to be smart". The block is aimed at specific aspects of business and marketing education in the cosmetology industry, as outlined below:
Tariff "I want to be smart":
- Recording of the online webinar "Vitamin C in the Work of a Cosmetologist: Safe and Effective"
- Access to the recording for 1 month
2.2. The exact scope of the Services, along with specific details and deliverables, will be clearly outlined on the purchase page at the time of transaction. The duration of access to the online course materials shall also be specified at the time of purchasing the Service.
2.3. The Contractor will provide the Services remotely via the Internet, through software applications and messengers. Customers are granted access to materials located in secure sections of the website or provided with a link to an online platform.
2.4. The Customer fully accepts the terms of the Agreement and pays for the Contractor's Services in accordance with the terms of this Agreement.
2.4. The date of the start of the provision of the Service is the date of the start of the online course or the start of the promotion program, according to the chosen format (individual or group).
3. PAYMENT OF SERVICES AND INVOICING3.1. The cost of Services under the Agreement is determined in accordance with the current prices listed on the site.
3.2. The cost of the Service may be unilaterally changed by the Contractor. However, any changes will be communicated to the Customer in advance and will not affect any purchases made prior to the announcement of such changes.
3.3. Methods of payment for the Service are specified at the time of payment.
3.4. The price does not include the commission of the bank or payment system for making the payment. Commission costs, if any, are additionally paid by the Customer.
3.5. The Customer has the right to change the paid training tariff or make an order for additional Services by sending an application to the Contractor's email or web messenger. Additional payment for the extended volume of Services is made at the cost of the corresponding training tariff or other Services on the date of receipt of the application from the Customer.
3.6. Invoices will only be provided upon written request. Should the customer require an itemized invoice with VAT, they must submit a written request to the Contractor via email at avjunik@gmail.com within 7 business days of the purchase. Failure to do so within the stipulated time frame will be deemed as acceptance of the invoice without VAT.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES4.1. The Contractor undertakes to:
- Provide services of proper quality, in the amount and within the terms specified on the site.
- Provide the Customer with personal access to the materials no later than the day of the start of training or promotion, as indicated on the site.
- Inform the Customer about the program of the training course or promotion by placing it on the Contractor's website or sending it to the Customer's email.
- Maintain the confidentiality of the information received from the Customer in the provision of Services under this Agreement.
4.2. The Contractor has the right to:
- Unilaterally change the schedule for providing Services without changing the established frequency of their conduct and volume, as well as change and supplement the content of lectures and assignments for the Customer.
- Unilaterally terminate this Agreement in case of a material breach by the Customer of the terms of this Agreement, violation of applicable laws and or gross misconduct by the Customer. In this case, the funds paid by the Customer under this Agreement are not refundable and are compensation for the Customer's actions.
4.3. The Customer undertakes to:
- Independently configure and ensure the connection of his personal computer to the Internet and register on the site and/or on another online platform provided by the Contractor as part of the training courses;
- Timely and independently familiarize themselves with the schedule of remote events, adhere to the established schedule of the training program, the goals and essence of the tasks of the Contractor, meet the deadlines for completing homework, and follow the recommendations and requirements of the Contractor within the framework of the Services under this Agreement;
- To not record, to not distribute (publish, place 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, not to create information products based on it for the purpose of deriving commercial profit, and not to use this information in any other way, except for personal use;
- Not to transfer access details to the site and/or to the online platform with training course materials for receiving Services to third parties, and it is also prohibited to jointly with these persons receive Services or use the Site without special permission from the Contractor.
4.4. The Customer has the right to:
- Withdraw from this Agreement before the start of the provision of Services by the Contractor, while notifying the Contractor at least two working days before the date specified by the Parties for the start of the provision of Services and/or the start of the training course;
- Withdraw from this Agreement at any stage of its execution by the parties, duly notifying the Contractor.
4.5. The Customer has the right to a refund if the terms of clause 4.4. of this Agreement are properly met. In this case, the Contractor has the right to deduct the actual costs that he incurred in connection with the preparation for the execution or execution of the Agreement.
4.6. The Customer agrees that he is responsible for the conscientious, high-quality, full performance of the tasks, recommendations, instructions, and guidelines of the Contractor, consultants, marketers, experts, and curators involved. The Customer undertakes to take an active position in the process of performing the tasks.
5. INTELLECTUAL PROPERTY5.1. All Services materials including but not limited to: textual information, graphic images, videos and lessons of online courses, materials, documents, and related graphics, provided as part of the services, remain the intellectual property of the Contractor. These materials may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of the Contractor.
6. LIABILITY OF THE PARTIES 6.1. The Contractor is responsible for the timeliness of the provided services provided that the Customer meets the established requirements and rules posted on this Site.
6.2. The Contractor is released from liability for breach of the terms of the Agreement if such breach was caused by the action of circumstances of insurmountable force (force majeure).
7. FORCE MAJEURE7.1. The parties are not liable for non-performance of any of their obligations, except for obligations to pay, if they prove that such non-performance was caused by force majeure circumstances, i.e. events or circumstances that are beyond the control of such party and occurred after the conclusion of this Agreement, have an unpredictable and inevitable nature.
7.2. The party for which it has become impossible to fulfill the obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other party in writing of the occurrence of the above circumstances, and within 30 (thirty) calendar days provide the other party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other appropriate document issued by the authorized state authority located at the place of occurrence of force majeure circumstances.
7.3. Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the parties shall carry out final settlements.
8. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION8.1. The Contractor undertakes not to disclose information received from the Customer.
8.2. Disclosure of information in accordance with reasonable and applicable legal requirements is not considered a breach of obligations.
8.3. The Contractor receives information about the IP address of visitors to the Site. This information is used to identify visitors.
8.4. The Contractor is not responsible for the information provided by the Customer on the Site.
8.5. By accepting this Agreement or registering on the Site (filling out the registration form), the Customer voluntarily consents to the collection and processing of his own personal data for the subsequent purpose: data that becomes known to be used for commercial purposes, including for processing orders for the purchase of Services, receiving order information, transmitting by telecommunications means (by email, mobile communication) advertising and special Offers, information about promotions, drawings or any other information about the activities of the Site, according to the Privacy Policy.
8.6. For the purposes provided for in this clause, Contractor has the right to send letters, messages and materials to the postal address, email of the Customer, as well as send SMS messages, and make calls to the number specified in the form.
9. DISPUTE RESOLUTION9.1. Complaints from the Customer regarding the services provided by the Contractor are accepted by the latter by email within 15 (fifteen) working days from the moment a contentious situation arises. The Contractor shall investigate the complaint and provide a written response to the Customer outlining the findings and any proposed resolution within 15 (fifteen) working days of receiving the initial complaint. If the proposed resolution is not acceptable to the Customer, the parties shall attempt to resolve the dispute through good faith negotiations for a period of 15 (fifteen) calendar days. If the dispute cannot be resolved through negotiations, either party may pursue other remedies available to them under this Agreement or at law.
9.2. When considering contentious situations, the Contractor may request from the Customer all information and documentation regarding the matter in question. If the Customer fails to provide documents within 7 (seven) working days after the day of the request, the claim will not be considered.
9.3. The Contractor and the Customer, taking into account the nature of the services provided, agree to apply a pre-litigation procedure for resolving disputes and disagreements related to the provision of services. If it is impossible to resolve disputes amicably, the parties may seek legal recourse.
10. MISCELLANEOUS10.1. The Customer warrants that he possesses all rights and powers necessary for the conclusion and execution of the Agreement.
10.2. The Contractor reserves the right to modify the terms and conditions of this Agreement at any time. Such changes will be effective immediately upon posting on the website. It is the Customer's responsibility to review the Agreement periodically for updates.
10.3. This Agreement shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions.
10.5. If a court declares any provision of this Agreement and rules invalid, it does not affect the validity of the remaining provisions.
11. DURATION OF THE AGREEMENT11.1. This Agreement takes effect from the moment the Customer purchases the Service on the Contractor's website and ends upon the complete fulfillment of obligations by the parties
. 