PUBLIC OFFER (PROPOSAL)
Date of publication of this document: 31.01.2022
Individual Entrepreneur Ivan Petrovich Pavlov, representing the 3D Animation and Graphics School "OSA," acting on the basis of the certificate of state registration as an individual entrepreneur (Taxpayer Identification Number [TIN] 771578424680, Primary State Registration Number for Individual Entrepreneurs [OGRNIP] 321774600355520, registration date 17.06.2021), hereinafter referred to as the "Contractor," expresses the intent to enter into an agreement for the provision of paid educational services with the Customer under the terms of this Offer (hereinafter referred to as the "Agreement").
1. TERMS AND DEFINITIONS
For the purposes of this Offer, the following terms shall have the following meanings:
Offer — this document published on the website https://oca-school. com/
Acceptance of the Offer — full and unconditional acceptance of the Offer by performing the actions specified in clause 2.2 of the Offer. Acceptance of the Offer constitutes the Agreement.
Customer — an adult individual who has accepted the Offer and is the recipient of paid educational services under the concluded Agreement, or a lawful representative of a minor who will be the recipient of paid educational services.
Agreement — the agreement between the Customer and the Contractor for the provision of educational services, concluded by accepting the Offer.
Paid Remote Service (hereinafter referred to as the Service) — a service provided by the Contractor remotely.
Webinar — a type of web conference involving online meetings or presentations conducted via the Internet, as well as access to recorded video materials (lectures).
2. SUBJECT OF THE AGREEMENT AND COST
2.1 The Contractor provides access to the School's informational resources (website, webinars, lectures, as well as thematic channels in the Discord messenger), and the Customer pays for access in the amount determined by the Contractor.
2.2 The cost of the Service is determined unilaterally by the Contractor and is specified on the Contractor's website at: https://oca-school. com/oplata.
2.3 The cost of the Service is indicated in Russian rubles.
2.4 Payment for the Service is made by the Customer either by 100% prepayment for all consultations or monthly, with 100% prepayment at least 5 business days before the provision of the first consultation in the current month. Payment is made by transferring non-cash funds to the Contractor's account.
2.5 In the event of termination of the Agreement by the Customer, the Contractor shall refund the money within 10 business days after receiving a notification from the Customer about the refusal to execute the Agreement, containing the details for transferring the funds.
2.6 Refunds are possible before the commencement of the paid services and are made by the Contractor with the deduction of the expenses incurred by the Contractor, including payment system transaction fees, costs of organizing services for the Customer, accounting expenses, and other expenses amounting to 15% of the total Service cost.
2.7 Refunds after the commencement of services are made with the deduction of the cost of services already provided and the expenses incurred by the Contractor, including payment system transaction fees, costs of organizing services for the Customer, accounting expenses, and other expenses amounting to 15%.
3. MOMENT OF AGREEMENT CONCLUSION
3.1 The text of this Agreement constitutes a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation).
3.2 By making payment, the Customer expresses their full and unconditional acceptance of the terms of this Agreement (acceptance).
3.3 The Agreement, concluded based on the Customer's acceptance of this Offer, is an adhesion contract, which the Customer joins without any exceptions and/or reservations.
3.4 To determine the feasibility of providing services to the Customer, the Contractor conducts an interview with the Customer (written or oral) to assess the level of knowledge and practical skills relevant to the chosen Service. Based on the interview results, the Customer is provided with service options that can be delivered, along with a list of skills and competencies that the Customer must acquire for the Contractor to provide other services. If the Customer pays for services that the Contractor cannot provide to the Customer, the Contractor, at the Customer's discretion, must either terminate the Agreement and refund the funds under the conditions outlined in Clause 2.6 or Clause 2.7 of this Agreement, or allocate the funds towards other services that can be provided to the Customer.
4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
4.1 The Customer shall:
4.1.1 Submit a service request to the Contractor via the website https://oca-school. com/oplata. The request must include the Customer's full name (or the represented person’s full name), email address, and contact phone number. The Customer is obligated to provide accurate information.
4.1.2 Pay for the selected service based on the cost specified on the Contractor's website at https://oca-school. com/oplata.
4.1.3 Refrain from sharing webinars, lectures, and other educational materials with third parties and/or granting them access to such materials.
4.1.4 Not publish, transmit to third parties, or use for commercial or personal purposes any materials provided by the Contractor. These materials are provided to the Customer for the duration of the services under this Agreement and must be deleted from all electronic devices upon the completion of services by the Contractor under this Agreement.
4.1.5 Properly complete assignments as part of the courses and submit them on time for review.
4.2 The Customer has the right to:
4.2.1 Receive the paid service in accordance with the terms and conditions of this Agreement and the information posted on the Contractor's website.
4.2.2 Request additional information from the Contractor regarding the provision of services and their payment.
4.2.3 Contact the Contractor on any matters related to the Contractor's activities.
4.2.4 Use the information provided by the Contractor under this Agreement solely for educational purposes.
4.2.5 During the training period, ask any questions related to the course in the thematic channels of the School on Discord.
4.2.6 Demand information from the Contractor regarding the evaluation of their knowledge and the criteria used for such evaluation.
4.2.7 In case of misunderstanding of the covered material, notify the School's administration via email at oca.onlineschool@gmail.com.
4.2.8 Exercise the right to a free pause under this Agreement. A pause can be granted if at least six weeks remain until the end of the educational process. In case of illness or serious personal circumstances, the Customer must contact the School via email at oca.onlineschool@ gmail.com, describe the circumstances, and specify the duration of the pause. The pause may be granted only once.
5. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
5.1 The Contractor shall:
5.1.1 Upon receiving payment from the Customer, provide the service within the timeframe specified on the Contractor's website.
5.1.2 In the case of receiving a Customer’s request for individual webinars, coordinate with the Customer the feasibility of providing such services and the schedule for the webinars.
5.1.3 If the Customer is eligible for tax deductions/credits under applicable legislation and submits a request to the Contractor for documents confirming the provision of services, the Contractor shall provide the following document: a certificate of rendered services. The Contractor is not responsible if the provided documents are insufficient for the Customer.
5.1.4 Upon payment by the Customer for video lessons, provide the Customer with a password to access the video lessons.
5.1.5 As part of the services, provide the Customer with 3D assets that include modeling, sculpting, texturing, shading, and rigging. These assets can be downloaded via a link provided by the Contractor to the Customer. The assets are provided by the Contractor exclusively for the duration of the Services without transferring any intellectual property rights. Therefore, no rights are transferred to new (derivative) works created by the Customer using the provided assets or their individual elements.
5.2 The Contractor has the right to:
5.2.1 Independently determine the forms and methods of providing services, involve third parties for service delivery, and remain responsible for their actions.
5.2.2 Refrain from commencing service delivery until the payment has been received in full in the Contractor’s account.
5.2.3 Modify this Agreement, the cost of services, payment methods, and timelines unilaterally by publishing the changes on the Contractor’s website at https://oca-school.com. All changes take effect immediately after publication and are considered communicated to the Customer upon such publication.
5.2.4 Record webinars involving the Customer.
5.2.5 Process the Customer's personal data and ensure its confidentiality in accordance with applicable laws, this Agreement, and the data processing agreement.
5.2.6 Refuse to execute the Agreement if the Customer, through actions or inaction, violates the rights and legitimate interests of the Contractor or hinders the proper conduct of webinars. The Contractor may refuse to execute the Agreement if, after sending one warning to the Customer's email address, the Customer does not rectify the specified violations.
5.2.7 Decline to renew the Agreement for a new term upon its expiration if the Customer, during the term of the Agreement, violated its terms or committed violations under the laws of the Russian Federation and this Agreement that give the Contractor the right to unilaterally terminate the Agreement.
6. COPYRIGHT COMPLIANCE AND CONFIDENTIALITY
6.1 The Contractor holds exclusive rights to the assets provided to the Customer via the link specified in Clause 5.1.5 of this Agreement, as well as to any new (derivative) works created by the Customer using the provided assets or their individual elements.
6.2 The Customer is obligated to comply with the copyright of the OSA School for all materials provided in accordance with the Copyright Law.
6.3 The Customer is prohibited from using the educational materials obtained during the School's courses for commercial purposes, on behalf of themselves, publishing them in open access, or sharing them with third parties.
6.4 The Customer is prohibited from sharing their login and password for access to educational materials with third parties. The discovery of access by third parties to the course materials is grounds for the Contractor to unilaterally terminate the Agreement without refund.
6.5 The fact of entering into this Agreement is not considered confidential information by the Parties.
6.6 The Customer grants the Contractor the right to publish on the Contractor's website and social media platforms any works completed as part of the course assignments, for the purposes of introducing third parties to the training process and for promotional campaigns. Attribution of the Customer is optional but may be made using the details provided by the Customer when submitting the application on the website https://oca-school. com/oplata.
7. PROCESSING OF CUSTOMER'S PERSONAL DATA
7.1 The Customer's personal data is processed in accordance with Federal Law "On Personal Data" No. 152-FZ.
7.2 When submitting an application on the Website, the Customer fills out a form and thereby provides the following information: surname, first name, contact phone number, and email address.
7.3 By providing their personal data to the Contractor, the Customer consents to its processing by the Contractor, including for the purposes of fulfilling the Contractor’s obligations to the Customer under this public offer, promoting the Contractor’s goods and services, conducting electronic and SMS surveys, monitoring customer satisfaction, and assessing the quality of services provided by the Contractor.
7.4 The processing of personal data is understood as any action (operation) or a combination of actions (operations) performed by the Contractor using automation tools or without such tools concerning personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, anonymization, blocking, deletion, and destruction of personal data.
7.5 The Contractor is entitled to use "cookies" technology. The Contractor receives information about the visitor's IP address on the Website. "Cookies" do not contain confidential information. The Customer hereby consents to the collection, analysis, and use of cookies, including by third parties, for the purpose of generating statistics and optimizing advertising messages.
7.6 The Contractor is not responsible for any information provided by the Customer in public channels on Discord.
7.7 The Contractor is entitled to record video conferences with the Customer. The Contractor is obligated to prevent unauthorized access to the information obtained during communication and/or its transfer to third parties not directly related to fulfilling orders, in accordance with Clause 4, Article 16 of the Federal Law "On Information, Information Technologies, and Information Protection."
8. LIABILITY OF THE PARTIES
8.1 In the event of non-performance or improper performance of obligations under this Agreement by either Party, they shall bear liability as provided for by the civil legislation of the Russian Federation and consumer protection laws, under the terms established by such legislation.
8.2 The Contractor does not guarantee the absence of technical malfunctions or errors during the webinars. In case such issues arise, the Contractor undertakes to take corrective measures as quickly as possible.
8.3 Neither Party shall be liable for the full or partial non-performance of any of their obligations under this Agreement if such non-performance results from force majeure circumstances.
8.4 If one Party’s non-performance of its obligations prevents the other Party from fulfilling its own obligations, the deadlines for fulfilling the respective obligations shall be extended proportionally to the period of delay. In such a case, the Party whose obligation performance was hindered by the other Party’s non-performance shall be exempt from liability. The Customer’s lack of technical capability to receive the service under this Agreement shall be considered non-performance due to the fault of the Customer.
9. TERM OF THE AGREEMENT AND OTHER CONDITIONS
9.1 This Agreement enters into force upon the Customer’s acceptance of this Public Offer and remains valid until the subscription ends.
9.2 If any provision of this Offer is deemed invalid or unenforceable by a court, this shall not affect the validity or enforceability of the remaining provisions of the Agreement.
9.3 The Contractor reserves the right to amend this Agreement at any time at their discretion. Such amendments take effect upon the publication of the revised Agreement unless a different effective date is specified in the publication. By accepting the Offer, the Customer agrees to independently review this document monthly for any changes. The publication date of each Offer is indicated in the document text.
9.4 The Agreement remains in effect until the Parties fulfill their obligations stipulated by this Agreement.
9.5 The Agreement is considered terminated on the date the Contractor sends a written notification to the Customer via email regarding the refusal to execute the Agreement on the grounds specified in the Agreement.
10. CONTRACTOR DETAILS
Individual Entrepreneur Ivan Petrovich Pavlov
3D Animation and Graphics School "OSA"
Legal Address: Russian Federation, 127055, Moscow, Obraztsova Street, Building 24, Apartment 104
OGRNIP No. 321774600355520, dated 17.06.2021
TIN: 771578424680
Pavlov I.P. _______________________________