- Terms and Definitions
- Procedure for concluding the Agreement
- Subject of the Agreement
- Providing access to the site and information product
- Transfer of the Information Course
- Rights to the Results of Intellectual Activity
- Liability of the parties
- Dispute Resolution
- Refund
- Force Majeure
- Confidentiality
- Processing of personal data of the Consumer
- Term, amendment and termination of the Agreement
Terms and Definitions
1. In this agreement for the sale of an information product, unless otherwise expressly provided in the text, the following terms shall have the meanings specified below:
Video Course, Information Product
Information services provided by the Contractor to Consumers to provide access to webinars, online training courses, information courses, as well as related and/or independent services for the sale of the Contractor's information materials by any technically permitted means (disks, mailings, individual download links, etc.).
Webinar
The provision of information services carried out via remote access via the Internet, taking place in real time. A webinar may be conducted in the form of a video or audio broadcast, message exchange, or in other forms. The webinar may provide for the possibility of providing feedback to the person providing the information services.
Disk
A set of information materials (texts, images, audio recordings, audiovisual documents) in electronic form, recorded on a CD or DVD - a medium.
Individual link
A unique hypertext link that allows access to the Implementation Object once or a limited number of times.
Information course
A set of information materials (texts, images, audio recordings, audiovisual documents, mind maps) in electronic form. The attributes of the files containing the Information Course are specified on the Site.
Contractor
Unless otherwise prohibited by law, the Contractor has the right to engage any third parties to provide services under this Agreement, remaining responsible for their actions.
Sale Object
Webinar, Information Course, Disk, online training, e-books, video courses and other similar educational materials expressed in objective form, sold by the Contractor. The cost of the Sale Object is specified on the Site.
Consumer
Any person who has paid the cost of the Sale Object in the manner prescribed by the Agreement. If the actions specified in paragraph 2 of the Agreement are actually committed by another person, it is considered that such person acted in the interests of the Consumer.
Website
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 joomla.center.
Delivery Service
Russian Post or other companies providing courier delivery (Pony Express, DHL, etc.).
Parties
The Contractor and the Consumer.
Notification of conclusion of the Agreement
A message sent by the Contractor to the Consumer and confirming the fact of conclusion of the Agreement, and also containing information necessary for the Consumer to receive the Sale Object.
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 headings (articles) of the Agreement are intended solely for the convenience of using the text of the Agreement and do not have a literal legal meaning.
Procedure for concluding the Agreement
2.1. The text of the Agreement, permanently posted on the Internet at the network address joomla.center/dogovor-oferty, contains all the essential terms of the Agreement and is an offer of the Contractor to conclude the Agreement with any third party using the Site, on the terms specified in the text of the Agreement. Thus, the text of the Agreement is a public offer. The current cost of the Object of sale is indicated on the page of a specific object of sale.
2.2. Acceptance of the offer specified in paragraph 2.1 of the Agreement is carried out by the Consumer through the sequential implementation of the following actions:
2.2.1. Selecting the Sales Object by clicking the "Order" button (or a button with a different name, but clearly having the same purpose, such as "Buy", "Purchase", etc.) on the corresponding page of the Site;
2.2.2. Entering into the order form, which appears on the Site after selecting the Sales Object, information about the Consumer, including the Consumer's name, email address, as well as other information, the need for which is provided for by the corresponding order form;
2.2.3. Checking the box in the "I agree with the terms of the public offer" column by the CUSTOMER, and then clicking the "Continue" button by the CUSTOMER;
2.2.4. Clicking the "Order" button (or a button with a different name, but clearly having the same purpose, such as "Buy", "Purchase", etc.) in the completed order form. In this case, by pressing 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 agreement with the terms of the Agreement;
2.2.4. Payment of the cost of the Sale Object by filling out a special payment form for the Sale Object and performing all actions necessary to transfer the payment for the cost of the Sale Object to the Contractor.
2.3. The Agreement is considered concluded and comes into force from the moment the Consumer pays for the cost of the relevant Sale Object. Payment shall be made in the amount of 100% advance payment (other payment procedures are possible in accordance with the terms of promotions (special offer), as well as in cases after additional agreement with the CONTRACTOR. Payment shall be made using Internet acquiring services available on the Website. The date of payment shall be the date of receipt of funds to the CONTRACTOR's current account, or the date of receipt of funds to the account of the payment system with which the relevant agreement with the CONTRACTOR was concluded.
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) business day from the date of payment for the cost of the Sale Item, which shall also be a notification of the conclusion of the Agreement.
Subject of the Agreement
3.1 The subject of this Agreement is the provision by the CONTRACTOR of information and training services in the form of providing access to the training programs of the joomla.center project, as well as after-sales support and online consultations conducted using the Internet to the CUSTOMER. The CUSTOMER can find a detailed description of the training programs on the CONTRACTOR's website in the catalog of training programs.
Providing access to the site and information product
4.1. After the purchase, the Consumer is sent the login details for the closed site to the e-mail specified during the order process.
4.2. To receive the information product, the Consumer must follow the Individual link contained in the letter, enter the issued login and password. The Consumer independently provides himself with the equipment necessary for accessing the site and viewing information.
4.3. In case of non-use of access to the site, within 2 years from the date of purchase, for reasons beyond the control of the Contractor, the Consumer has no right to demand a free extension of access. In this case, the information services are considered to have been rendered properly.
4.4 Technical support, answers to questions, are provided within 2 years from the date of purchase. Answers are provided no later than within 24 hours from the moment the question is submitted. Exceptions to the response time are weekends and holidays, support is not provided on these days. The response time may be extended if additional time is required to analyze the problem site and (or) the client's site.
4.5. The Contractor has the right to suspend the provision of services in the event of incorrect behavior of the Consumer, interfering with the training of other users or due to the transfer of data from the site and access to third parties. The cost of the product during which the provision of services was suspended is not reimbursed.
4.6. The Contractor has the right to protect the information product using the Infoprotector service. In this case, a license key is provided to access the information product. Restrictions when viewing a course using Infoprotector protection.
4.6.1. The course runs on computers running Windows 7, Windows 8, Windows 10 and MacOs X family operating systems.
4.6.2. The protected course will not work on tablets and mobile devices running iOS and Android, as well as under a virtual machine.
4.6.3. Initially, 5 course activations are provided on different devices. If more is needed, the number of activations can be increased by contacting the support service.
4.6.4. If the user has not read, was not aware of the protection and the course does not start or the user is not satisfied with the presence of protection, he has the right to return the money in accordance with paragraph 9.1.
Transfer of the Information Course
5.1. The Information Course is transferred within 1 day from the moment of conclusion of the Agreement by means of:
5.1. 1. sending the Consumer an Individual link for downloading the Information Course in the Order Notification or;
5.1. 2. sending the Information Course to the e-mail address specified in the order form in accordance with paragraph 2.2.3 of the Agreement.
5.2. To receive the Information Course in accordance with paragraph 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 download the Information Course. From the moment the Consumer follows the Individual Link, the Contractor's obligations to transfer the Information Course are considered fulfilled.
5.3. If the Information Course is transferred in the manner prescribed by paragraph 5.1.2 of the Agreement, the Information Course is considered transferred from the moment the Contractor sends an e-mail containing the Information Course to the address specified in the order form in accordance with paragraph 2.2.3 of the Agreement.
5.4. The Consumer shall independently provide themselves with the equipment necessary for downloading and using the Information Course, with the minimum technical characteristics specified in the Notification of Conclusion of the Agreement.
5.5. The content of the Information Course shall be determined by the Contractor and must correspond to the description of the Information Course presented on the Website.
5.6. The Consumer bears the risks of the use of the Individual Link by third parties without the consent of the Consumer if 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 email address to which the Individual Link was sent.
Rights to the Results of Intellectual Activity
6.1. All information materials provided by the CONTRACTOR to the CUSTOMER during the training process are the result of intellectual activity, the exclusive copyright, including related rights to copyright, belongs to the CONTRACTOR.
6.2. The use of the results of intellectual activity without the written consent of the CONTRACTOR is a violation of the exclusive right of the CONTRACTOR, which entails civil, administrative and other liability in accordance with applicable law.
6.3. The CUSTOMER has no right to distribute audio and video materials of the CONTRACTOR's training programs. Distribution will be considered a violation of the exclusive right of the CONTRACTOR and entails civil, administrative and other liability in accordance with applicable law.
Liability of the parties
7.1. In cases of failure to fulfill or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation, taking into account the terms of this Agreement.
7.2. The CONTRACTOR shall not be liable for achieving any results related to the practical application of the information provided in the CONTRACTOR's training program. Any recommendations issued within the framework of any CONTRACTOR's training program are implemented by the CUSTOMER at its own risk.
7.3. The CONTRACTOR shall not be liable for the discrepancy between the provided service and the CUSTOMER's expectations and/or for his subjective assessment, such discrepancy with expectations and/or a negative subjective assessment shall not be grounds for considering the services provided to be of poor quality or not in the agreed volume.
7.4. The CONTRACTOR shall be released from liability for full or partial failure to fulfill the obligations stipulated by this Agreement, if such failure was a consequence of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure).
Dispute Resolution
8.1. All disputes and disagreements arising in connection with the execution of this Agreement shall be resolved by the Parties through negotiations.
8.2. If it is impossible to resolve the dispute through negotiations, it will be referred by the Parties to the Arbitration Court for consideration.
Refund
9.1. The Consumer has the right, within 30 (thirty) calendar days from the date of completion of the provision of services for the Webinar, the date of fulfillment of obligations to transfer the Information Course or Disk, to demand a refund of the cost of the Sale Object. In this case, the Consumer must reimburse the Contractor for the costs of delivering the tangible medium.
9.2. To return the cost of the Sold Item in accordance with paragraph 9.1 of the Agreement, the Consumer must send the Contractor a corresponding application in writing by registered mail with a list of attachments and a delivery confirmation, indicating:
9.2.1. The Consumer's last name, first name, and patronymic (in this case, the Contractor has the right to request that the Consumer provide a copy of the Consumer's identity document);
9.2.2. Date of conclusion of the Agreement (purchase of the course);
9.2.3. Sold Item(s) whose cost is subject to refund.
9.3. Refunds in cases stipulated by the Agreement are made to the bank account (electronic wallet or other payment method) of the Consumer from which the funds were transferred to the Contractor, within 10 (ten) business days from the date the grounds for the refund arose.
9.4. If it is impossible to refund the funds in the manner stipulated by paragraph 9.3 of the Agreement, the Contractor shall notify the Consumer thereof within the period established by paragraph 9.3 of the Agreement. In this case, the refund is made at the location of the Contractor at the request of the Consumer, or in another manner additionally agreed upon by the Parties.
9.5. If the CUSTOMER has requested a refund for the training program paid for by him, then upon refund of funds, access to this training program in the client's personal account is blocked.
Force Majeure
10.1. The Parties shall be released from liability for failure to perform or improper performance of obligations arising from the Agreement if the reason for the failure to perform (improper performance) is force majeure, which includes, among others, 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 state authorities and local governments that prevent the Parties from fulfilling their obligations under the Agreement, i.e. extraordinary and insurmountable circumstances under the given conditions, independent of the will of the Parties, that occurred after the signing of the Agreement.
10.2. In the event of force majeure circumstances, the deadline for fulfilling obligations under this Agreement shall be extended in proportion to the time during which such circumstances continue to operate, without compensation for any losses.
10.3. If the force majeure circumstances from which the Parties suffered last more than 3 (three) months in a row, the Parties shall have the right to refuse to fulfill obligations under the Agreement on the specified basis.
Confidentiality
11.1. The Parties undertake not to disclose confidential information under this Agreement to third parties, except for cases stipulated by the current legislation of the Russian Federation.
Processing of personal data of the Consumer
12.1. By concluding the Agreement and entering personal data in the order form, the Consumer gives his consent to their processing under the terms specified in the personal data processing policy.
12.2. In addition, the Consumer hereby agrees to receive information from the Contractor, including advertising, at the phone number and email address specified in the order form.
Term, amendment and termination of the Agreement
13.1. The Agreement shall enter into force upon its acceptance and shall remain in effect until the Parties have fully fulfilled their obligations.
13.2. This Agreement may be terminated by the consumer with prior notice to the contractor thirty calendar days before the expected date of termination of the agreement.
13.3. This Agreement may be terminated by the contractor without explaining the reasons to the consumer and without refunding the cost of the course.
13.4. Termination of this Agreement may not be grounds for refusing to complete settlements under it.
13.5. The Parties agree that the Contract may be amended by the Contractor unilaterally by posting the updated text of the Contract on the Internet at joomla.center/dogovor-oferty. The Consumer confirms his consent to the changes in the terms of the Contract by using the Site.