PUBLIC OFFER AGREEMENT ON THE PROVISION OF INFORMATION AND CONSULTING SERVICES
This agreement is an official, public offer extended to any physical entity, hereinafter referred to as the Consumer, who agreed with the terms of this Public Offer by way of its full and unconditional acceptance.
STRATOPLANMS LTD, incorporated and registered in Cyprus with company number HE 409403 whose registered office is at Agias Faneromenis, 143-145 PATSIAS COURT, Flat/Office 201, 6031, Larnaca, Cyprus, hereinafter referred to as the Provider, hereby expresses its intention to enter into agreement with the Consumer on the provision of the paid information and consulting services under the terms of this public offer (hereinafter referred to as Agreement).
For Consumers from the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan, who want to to make payment in RUB, the recipient is the company STRATOPLANPUBLISHING LTD registered According to the legislation of the Republic of Cyprus under the number He 409261 at the address of Agias Faneromanis, 143-145 Patsias Court, office 201 6031, Larnaca, Cyprus.
1. TERMS AND DEFINITIONS
1. Within this Agreement on the provision of information and consulting services, the following terms will have the following meanings unless directly implied otherwise by the context:
Offer Acceptance, full and unconditional acceptance of the Offer by way of undertaking actions as indicated in the Article 3 of the Offer.
«Webinar»: a one-time provision of information and consulting services through remote access via the Internet network in real-time mode. Webinar may be held as a video or audio transmission, an exchange of messages or in any other form. Webinar can have feedback functionality with a person providing information services.
«Agreement»: this agreement on the provision of information and consulting services.
«Individual link»: a unique hypertext link with the functionality of providing access to the Object of sale one time or a limited number of times.
«Information course»: an aggregate of two or more online consultations, webinars, all at once or in any combination, as described on the Website.
«Provider»: the company of STRATOPLANMS LTD, incorporated and registered in Cyprus with company number HE 409403 whose registered office is at Agias Faneromenis, 143-145 PATSIAS COURT, Flat/Office 201, 6031, Larnaca, Cyprus.
For Consumers from the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan, who want to to make payment in RUB, the recipient is the company STRATOPLANPUBLISHING LTD registered According to the legislation of the Republic of Cyprus under the number He 409261 at the address of Agias Faneromanis, 143-145 Patsias Court, office 201 6031, Larnaca, Cyprus.
«Object of sale»: webinar and/or Information course and/or online consultation. The price of the Object of sale is published on the Website.
«Consumer»: any person who paid the price of the Object of sale in compliance with the procedure stipulated in this Agreement. If the actions referred to in para. 2 of the Agreement have actually been carried out by another person, that person shall be considered to have acted in the interests of the Consumer.
«Website»: information system built on the basis of the network node identified under the domain name https://stratoplan-school.com/, designed for hosting information in the Internet network, its visualization and user interface facilities.
«Personal account»: information system built on the basis of the network node identified under the domain name https://x.stratoplan-school.com/, designed for hosting information in the Internet network, its visualization and user (the Consumer and the Provider) interface facilities.
«Signed Agreement notice»: a communication submitted by the Provider to the Consumer to the effect of confirming the fact of the conclusion of the Agreement and also containing the information necessary for the Consumer to obtain the Object of sale.
All other terms and definitions as occurred in the text of the Agreement shall be interpreted by the Parties in accordance with the effective legislation of the Republic of Cyprus.
The titles of the headings (articles) of this Agreement are for convenience of reference only in the text of the Agreement and shall not have any literal legal meaning.
2. Subject of the AGREEMENT
2.1. The subject of this Agreement is the provision of information and consulting services to the customer as described in the Object of sale on remuneration terms.
3. OFFER ACCEPTANCE
3.1. The text of the Agreement incorporates all essential terms of the Agreement and means a proposal by the Provider to conclude the Agreement with any third person using the Website on the terms and conditions set out in the text of the Agreement. Consequently, the text of the Agreement makes a public offer.
3.2. Acceptance of the offer, as specified in clause 2.1 of the Agreement, shall be effected by the Consumer by means of the consecutive execution of the following operations:
3.2.1. Choosing the Object of sales by clicking on the “To order” button on the respective page of the Website.
3.2.2. Entering into the ordering form popping up on the Website after the Object of sale is chosen, the Consumer’s data, including the Consumer’s name, email address, and mobile number of the Consumer, and other information required to be entered by the terms and conditions set out in the respective ordering form.
3.2.3. Clicking on the «To order» button in the filled-up ordering form. By clicking on the «To order» button, the Consumer confirms thereby the fact of their acquaintance and unconditional consent to the terms and conditions of the Agreement.
3.2.4. The payment of the price of the Object of sale shall be effected by filling in the special form for the payment of the Object of sale and performing all operations necessary for remittance of the payment of the price of the Object of sale to the Provider.
3.2.5. The Agreement shall be deemed effective as of the moment of payment made by the Consumer for the respective Object of sale. The payment shall be effected using the Internet acquiring network services accessible on the Website, or by electronic remittance of funds against the invoice issued by the Provider. The payment shall be deemed effective when the relevant amount has been credited to the Provider’s account.
3.2.6. As a confirmation that the Agreement has been signed, the Successful Order Notice shall be submitted to the e-mail address of the Consumer indicated in the order form according to clause 3.2.2 of the Agreement, within 1 (one) working day from the date of the payment for the Object of sale, which shall also serve as the signed Agreement notification.
4. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
4.1. The Provider undertakes:
4.1.1. To coordinate and ensure the proper quality performance of the services stipulated in clause 2.1 of the Agreement in accordance with the schedule and the rate of payment chosen by the Consumer within the timelines indicated in the Object of sale.
4.1.2. To deliver to the Consumer the Information course and/or webinar as Individual links as late as one working day before to the start of the consultations.
4.1.3. To make the Consumer aware of the technical hardware requirements necessary to access the materials of the Information course or webinar.
4.1.4. To provide technical and methodological support for the period of submitting services.
4.1.5. To observe legislative requirements related to the processing, transfer and protection of the Consumer’s personal data. To process the personal data of the Consumer upon getting their consent in accordance with the terms of the Privacy policy.
4.2. The Provider is entitled:
4.2.1. To unilaterally establish and change the contents and schedule of webinars and other consultations without changing the established periodicity of their timetable and the scope of services, and to make changes and additions to the content of the assignments for the Consumer.
4.2.2. To reasonably limit the time for the Consumer to complete practical assignments.
4.2.3. To unilaterally cancel this Agreement in case of essential violation of the conditions of this Agreement by the Consumer. In this case the funds paid by the Consumer under this Agreement are not liable for return and shall be deemed compensation for the Consumer’s actions. The Consumer’s access to the materials of the Object of sale shall be blocked.
4.2.4. The services shall be delivered by the Provider both personally and through third parties. The need to attract third parties for the provision of services shall be assessed unilaterally by the Provider.
The Provider has the right to immediately stop the provision of services in the event of aggressive or disrespectful behavior on the part of the Consumer. Such outrages shall be deemed an essential violation of the Agreement.
4.3. The Consumer undertakes:
4.3.1. To learn, observe and comply with the Rules of behavior when receiving the information and consulting services.
4.3.2. To get acquainted with the academic agenda of the Information course independently and in due time, to keep in line with the established schedule of activities, the goals and the essence of the Provider’s assignments, to complete the assignments within the set timelines, to comply with the recommendations and requirements of the Provider as they relate to the provision of services under this Agreement.
4.3.3.Not to record, disseminate (publish, post on third party websites, copy, transfer or resell to third parties), for commercial or non-commercial purposes, the information and materials the Provider imparts to the Consumer for the purposes of this Agreement, not to use them as a basis for crafting information products for commercial gain, and not to use such information in any way other than for personal purposes.
4.3.4.Not to transfer to third parties the Individual links intended for receiving services, or to share with third parties the receipt of services or use of information materials without the prior specific consent of the Provider. The discovery of the fact of third parties’ access to the materials of the Object of sale shall be considered as a valid reason for the Provider to cancel the Agreement.
4.3.5. The Consumer agrees to be held responsible for the proper fulfillment of the assignments, recommendations, guidelines of the Provider, the outsourced consultants, experts and curators in good faith and to the full extent.
4.3.6. The Consumer undertakes to be proactive while performing the assignments of the Provider for the purposes of the Information course, when necessary.
4.3.7. The Consumer agrees that the breach of the Rules of behavior shall be qualified as a substantial violation of the terms of this Agreement and may cause termination thereof.
4.4. The Consumer is entitled:
4.4.1. To require the Provider to disclose to them information on the issues related to coordinating and ensuring the right provision of services.
4.4.2. To require a refund if the content of the Object of sale has been significantly changed from the original description published on the Website.
4.4.3. To apply to the Provider for the extension of the timetable for practical assignments, stating the reasons for failure to observe them.
5. THE PRICE OF SERVICES AND PAYMENT PROCEDURE
5.1. The price of services is published on the website https://stratoplan-school.com/ in the relevant section of the Information course.
5.2. The cost of services is subject to change according to:
the date of registration;
the scope of the services purchased;
personal discount granted to the Consumer.
5.3. The payment for the services shall be effected by the Consumer as an advance payment to the extent of 100% (one hundred per cent) of the amount stated in clause 5.1 of this Agreement.
5.4. All payments under this Agreement are effected in the currency indicated on the Website.
5.5. The service shall be qualified as paid since the moment of receipt of the funds to the current account of the Provider.
5.6. Should the Consumer fail to comply with their obligations according to the terms of this Agreement, the Provider is entitled to suspend the fulfillment of its obligations till the receipt of the funds from the Consumer, or to repudiate this Agreement unilaterally.
5.7. If this Agreement is impossible to be fulfilled for the Consumer’s fault, the payment made to the Provider under this Agreement is not liable to be refunded.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The exclusive and personal non-property rights for the Website, any and all intellectual deliverables published on the Website or contained in the Objects of sale (the content) belong to the Provider or other persons who have entered into an agreement with the Provider whereby the latter is entitled to publish the intellectual deliverables crafted by these persons on the Website, in the Objects of sale or in their composition, and are protected in accordance with the effective legislation of the Republic of Cyprus.
6.2. Any actions and/or omission on the part of the Consumer that has led to or is directed towards the violation of the Provider’s rights with regard to the Website, the Objects of sale or their components shall incur criminal, civil and administrative liability in accordance with the legislation of the Republic of Cyprus.
6.3. All intellectual deliverables published on the Website or contained in the Objects of sale may be used by the Consumer for personal purposes only. The Consumer is not entitled to use such deliverable in any other way.
7. RESPONSIBILITY RESTRICTION
7.1. The Provider shall not be held responsible for authenticity, practical applicability and value of the information contained in the Objects of sale.
7.2. The Provider shall not be held responsible for reaching any results connected with the practical applicability of the information contained in the Objects of sale. Any recommendations contained in the Objects of sale shall be acted upon by the Consumer at his own discretion.
8. REFUND
8.1. The Consumer is entitled to require the unconditional refund of the Information course price within 30 (thirty) calendar days from the commencement of the provision of services for the purpose of Information course delivery. There is no unconditional refund for webinars.
8.2. To obtain a refund of the price of the Object of sale in accordance with the clause 8.1 of the Agreement, the Consumer is liable to forward a relevant written application to the Provider stating the following:
8.2.1. surname, name, patronymic of the Consumer (in this connection, the Provider has the right to request from the Consumer a copy of his/her identity paper).
8.2.2. the Agreement signing date;
8.2.3. the Objects of sale which price is subject to refunding;
8.2.4. bank details for the remittance of the funds.
8.3. In the cases stipulated in the Agreement, the return of funds shall be effected to the bank account of the Consumer, from which the funds were transferred to the Provider, within 10 (ten) working days from the moment when the reasons for the refund as specified in clause 8.2 first arose.
8.4. If it is not possible to effect a refund according to the procedure stipulated in clause 8.3 of the Agreement, the Provider shall notify the Consumer of the fact within the time specified in clause 8.3 of the Agreement. In this case the return of the funds shall be effected on the Provider’s location at the request of the Consumer, or in other way to be additionally agreed upon by the Parties.
8.5. The Consumer who has exercised the right stipulated in clause 8.1 of the Agreement, including the Agreements previously concluded with the Provider, loses the right to access the information materials of the Object of sale.
8.6. The Parties acknowledge that all notifications, messages, agreements, documents and letters submitted by using the authorized emails shall be considered to have been submitted and signed by the Parties, save for emails directly stating otherwise.
8.7. The following emails shall be considered as authorized:
- for the Provider: edu@stratoplan-school.com;
- for the Consumer: the e-mail indicated in the application for the purchase of the Object of sale on the Website.
9. PROCEDURE FOR FILING CLAIMS
9.1. All disputes, controversies and claims that may arise out of or in connection with the performance, termination or invalidation of the Agreement the Parties shall endeavor to resolve through negotiations. The party originating claims and/or controversies shall submit to the other Party a notice stating the claims and/or controversies that have arisen.
9.2. The notice mentioned in clause 9.1 shall be forwarded by the Consumer to the email: edu@stratoplan-school.com, or in writing to the attention of the Provider by registered mail with acknowledgement of receipt and the mail list. The notice shall state the subject of the claim raised, the evidence substantiating the demand, and the information stipulated in clauses 8.2.1 – 8.2.4 of the Agreement.
9.3. Within 15 (fifteen) working days after the receipt of the original notice mentioned in clause 9.1 of the Agreement, provided that this notice meets the requirements of clause 9.2 of the Agreement, the recipient Party shall be obliged to send a reply to that notice.
9.4. If the Party that submitted the notice is not in receipt of the reply to it within 30 (thirty) working days since the forwarding date of the said notice, or if the Parties do not come to an agreement on the claims and/or disputes that have arisen, the dispute is subject to be referred for hearing to the courts of the Republic of Cyprus at the Provider’s location.
10. THE CONSUMER’S PERSONAL DATA PROCESSING
10.1. The Consumer’s personal data shall be processed according to the Law 125 (I) 2018 "On Data Protection" and the General Data Protection Regulation dated April 14, 2016.
10.2. To register on the Website, a Consumer shall transmit the following information: surname, name, contact telephone number, e-mail.
10.3. By transmitting his/her personal data to the Provider, the Consumer thus agrees to their processing by the Provider, including for the purposes of enabling the Provider to fulfill his/her obligations towards the Consumer under this public offer, to promote merchandise and services, to perform electronic surveys, to monitor the results of promotional events, client support, to check the Consumer’s satisfaction and the quality of services delivered by the Provider.
10.4. Personal data processing implies any action (operation) or a set of actions (operations) with personal data performed by the Provider with or without the use of automation tools, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, depersonalization, blocking, deletion, destruction of personal data.
10.5. The Provider is entitled to operate the cookies technology. The cookies do not contain any confidential information. The Consumer hereby consents to the collection, analysis and use of cookies, including by third parties, for the purposes of building statistics and making advertisement messages more relevant.
10.6. The Provider will receive information about the IP address of the Website visitor. This information will not be used for identity check of the visitor.
10.7. The Provider shall not be held responsible for using the Consumer’s information published by the Consumer on the Website.
10.8. The Provider shall have the right to record telephone conversations with the Consumer. In doing this, the Provider undertakes: to prevent attempts to gain unauthorized access to and/or disclosure of information obtained during telephone conversations to third parties not directly involved in the fulfillment of the Agreement.
11. MODIFIED TERMS OF THE AGREEMENT
11.1. The Parties agree that the Agreement may be changed by the Provider unilaterally. By continuing to use the information and consultancy services, the Consumer thereby confirms his/her consent to the modified conditions and terms of the Agreement.
12. RESPONSIBILITY FOR NON-FULFILMENT OR IMPROPER FULFILLMENT OF OBLIGATIONS UNDER THIS AGREEMENT
12.1. In case of non-fulfilment or improper fulfillment by the Parties of their obligations under this Agreement they shall bear the responsibility provided for by the civil laws and the laws on the protection of consumer rights under the conditions established by such laws.
12.2. The Provider does not guarantee the uninterrupted and error-free operation of the Website.
12.3. Neither Party shall be held responsible for the total or partial non-fulfilment of any of its obligations under this Agreement, if such non-fulfilment is due to the occurrence of force-majeure circumstances. The Party caught in a state preventing the fulfillment of its obligations shall immediately notify the other Party in writing of the occurrence, the estimated duration and the termination of the above mentioned circumstances. Failure to notify or untimely notification shall deprive the Party of the right to rely on any of the above circumstances to release it from responsibility for non-fulfilment of its obligation.
13. EXPIRY OF THE AGREEMENT AND OTHER TERMS
13.1. This Agreement comes into force from the moment of acceptance by the Consumer of this Public Offer and is valid until the full completion of obligations assumed by the Parties.
13.2. The Provider reserves the right to introduce changes to this Agreement at any time at its sole discretion. By continuing to use the Website and the information and consultancy services, the Consumer thereby confirms its consent to the modified conditions and terms of the Agreement.
13.3. The Parties shall consider the Agreement fulfilled, if the Consumer has been given access to the materials of the information course; the Consumer has completed the tasks and received support based on the chosen price within the validity period of the Information course support.