Public Offer Agreement
Provision of Information Services
1.1. This public agreement (hereinafter – the Offer) is an official offer by Tekhnologii Ideala, Center for Research Psychology, Limited Liability Company (Ideal Technology Co Ltd), State Registration No. 1175476058801, hereinafter referred to as the Provider, to provide psychological services to legal entities and / or legally capable individuals using web-based services on https://7spsy.com (hereinafter – the Website) on the conditions as listed below in the form of online training, including using interactive remote technologies, in the form of providing access to information materials on the platform https://7spsy.com (videos, images, texts, etc.) and holding information workshops and consultations, or alienation of a recorded training on digital optical media in favor of the customer for a fee set on the Website.
1.2. Pursuant to Paragraph 2, Article 437 of the Civil Code of the Russian Federation (hereinafter – the RF Civil Code), this document is a Public Offer, and if the following terms and conditions are accepted and the Provider’s services are paid, the person who had accepted this Offer shall become the Customer. (According to Paragraph 3, Article 438 of the RF Civil Code, acceptance of the Offer shall be equivalent to signing an agreement on the conditions set out in the Offer, which shall be accepted by the parties without any reservation).
1.3. The Provider and the Customer shall provide mutual guarantees of their legal capacity required to conclude and execute this Psychological Services Agreement.
2. TERMS AND DEFINITIONS
2.1. For the purpose of this Offer, the listed terms shall be used in the meaning as follows:
The Offer — this public agreement for psychological services.
The Website — https://7spsy.com, a website used by the Provider on an ownership basis.
The Psychological Services (hereinafter — the Psychological Services, the Services) — services rendered by the Provider, that means providing the Customer a limited access to the Website in accordance with the terms of the Offer for participation in thematic trainings as a remote independent form of work, having online consultations with a psychologist, attending webinars, online broadcasts and / or presentations via the Internet in real time, participation in video and audio recording and creation of other materials, as well as getting informational and consulting services from the Provider consisting of multimedia training CD-, DVD- BD, optical media packages on a paid basis (recorded trainings) and related information services in the form of consultations using free and proprietary software ensuring encryption-based voice- and video communication via the Internet between computers (VoIP) and peer-to-peer technologies, or other forms of consulting, as well as transfer of related goods required to render the Services. The form and necessity of providing related services shall be determined by the Provider and depend on the type of service.
Acceptance of the Offer — full and unconditional acceptance of the Offer by making 100% preliminary payment for psychological services.
The Provider — Tekhnologii Ideala, Center for Research Psychology, Limited Liability Company (Ideal Technology Co Ltd), State Registration No. 1175476058801, rendering services to the Customer under the terms and conditions of this Offer.
The Customer — a person who has accepted the Offer on the terms and conditions set out therein.
Psychological Services Agreement (hereinafter — the Agreement) — an agreement between the Customer and the Provider for psychological services concluded by means of Acceptance of this Offer.
User Account — Customer’s virtual self-service tool located on the Website.
3. SUBJECT OF THE OFFER
3.1. Compensated rendering of psychological services to the Customer by the Provider in accordance with the terms and conditions for a fee paid by the Customer to the Provider shall be the subject of this Offer.
3.2. The Offer, as well as all the information on psychological services rendered by the Provider — cost, types and terms of services shall be posted on the Provider’s Website. The Psychological Services Agreement is deemed to be effective from the moment of receipt of the funds to the bank account.
4. TERMS OF SERVICE
4.1. The Provider shall grant the Customer limited access to a service posted on the Website (delivers digital media with recorded training or provides access to the closed area of the website by communicating access passwords), provided 100% prepayment for this service.
4.2. Types and methods of payment for the service are indicated on the Website.
4.3. Participation in a training shall be confirmed by filling in the relevant application form and making a payment in one of the ways and in the amount specified on the Website.
4.4. If the Customer has not got access to the service within 2 working days, whatever the reason, it should contact Provider’s Support Service at firstname.lastname@example.org.
4.5. The Provider shall provide the Customer with the service by organizing and conducting a training within the period specified on the Website, or by providing the Customer with access to a closed area of the Website within 10 days from the date of receipt of funds to Provider’s bank account. Term of service shall be indicated on the Website and depend on the type of service.
4.6. This Agreement shall be valid as a service acceptance statement. Acceptance shall be performed without signing the respective statement.
4.7. The Provider reserves the right to cancel Customer’s participation in a training without refund of the paid amount in case of participant’s misconduct or violations during the training. The violations shall be deemed as follows: incitement of ethnic conflicts, offence to other training participants or a moderator, deviation from the topic of a training, advertising, obscene statements.
4.8. The Provider reserves the right to cancel the Customer’s participation in a training where there is a fact of disclosure by a Customer of participant details to third parties, distribution by the Customer of information and materials received in the context of participation in a training to third parties for a fee. Use of information and materials shall be allowed only for personal purposes and personal use by the Customer.
4.9. The provider shall be entitled to make amendments to the Agreement at any time by posting a new version of the Agreement on the Website. By paying for services the Customer confirms its consent with the new version of the Agreement.
5. REGISTRATION OF THE CUSTOMER ON THE WEBSITE
5.1. Services can be rendered to the Customer only if it has created an appropriate account on the Website. The Account (User Account) shall contain Customer’s full name, patronymic, e-mail address and password.
5.2. User Account shall be registered after filling in the registration form. It is required that Customer’s full name, patronymic, residential address (name and legal address – for legal entities), e-mail address be specified in the registration form.
5.3. The Customer shall be responsible for password confidentiality. Should the Customer establish any fact of unauthorized access to its account, it must notify Provider’s Support Service at email@example.com as soon as possible.
6. PERFORMER’s RIGHTS AND OBLIGATIONS
6.1. The Provider undertakes to provide the Customer with 24-hour access to the Website via Customer’s account to view the training. The Provider is obliged to send digital optical media and other tools required for training (if provided by the terms conditions posted on the Website) to the Customer within ten days of payment receipt.
6.2. The Provider undertakes to provide technical support to the Customer in the process of rendering the service in the form of online training.
6.3. The Provider shall be responsible for storage and processing of Customer’s personal data, ensure confidentiality of these data in the course of processing, and use data only for the purposes of good service.
6.4. The Provider shall guarantee that information on services provided to the Customer upon its request is complete and reliable.
6.5. The Provider reserves the right to alter training duration as well as the terms and conditions of this Offer unilaterally at any time without prior notification of the Customer by posting these changes on the Website not later than 5 days from the date of their introduction (acceptance).
6.6. The Provider shall be entitled to extend terms of a training for a period not exceeding 30 calendar days with prior notification of the Customer not later than three days from the date of such decision.
7. CUSTOMER’s RIGHTS AND OBLIGATIONS
7.1. The Customer must provide accurate personal information when creating an account (registering) on the Website.
7.2. The Customer takes on the obligation not to reproduce, repeat, copy, sell or use information and materials that have become available to it in connection with the service for any purpose except for personal use.
7.3. The Customer must keep equipment and communication used to access the Website in good technical condition, log in to the Website under its account from not more than one personal computer at the same time. The Provider shall not responsible for failure to provide service (poor quality of service) for reasons that are beyond its control.
7.4. The Customer shall exercise all the consumer rights in accordance with the current legislation of the Russian Federation regulating fee-based services.
7.5. Should services rendered to the Customer be of less than adequate quality, it shall be entitled to exercise the rights as provided by Art. 22 of the Russian Law “On Protection of Consumer Rights” only where violation of its rights has are caused by the Provider provided that the mentioned circumstance is proved.
7.6. If the Customer has decided to cancel paid services for any reason, then, in accordance with the Russian Law “On Protection of Consumer Rights” No. 2300-1 dated February 7, 1992 (for legal entities — according to the Civil Code of the RF) returns are possible only before commencement of service, i. e. access to information materials is provided, with mandatory notification of the Provider by the Customer via e-mail or other means provided herein.
8.1. Should any service-related dispute or disagreement arise, the Provider and the Customer shall undertake to apply pre-trial dispute resolution procedure with due consideration of the service profile. If a dispute cannot be settled using a pre-trial procedure, the parties have the right to apply to a court.
8.2. The parties shall be responsible for non-fulfillment or improper fulfillment of obligations hereunder in accordance with the laws of the Russian Federation.
9. SERVICE GUARANTEES
9.1. By accepting the terms and conditions hereof, the Customer assumes the risk of failure to acquire potential skills due to some psychological peculiarities related to use of knowledge, skills and abilities acquired by the Customer in the course of rendering the service.
9.2. The Provider shall not be responsible for:
9.2.1. non-fulfillment by the Customer of a training program provided by the Agreement without valid excuse and written notification of the Provider;
9.2.2. Customer’s failure to capture opportunities of their User Account;
9.2.3. failure to obtain skills, abilities, profit (revenue), as well as for direct and indirect losses incurred by the Customer, because Customer’s successful use of the obtained knowledge, skills and abilities depends on many factors known and unknown to the Provider, namely: tenacity, diligence, persistence, level of intellectual maturity, creative abilities of the Customer, other individual qualities and personal characteristics, which is accepted by both parties.
9.3. The Provider shall have the right to demand that the Customer ‘does homework’ in the course of service rendering. Homework means specific actions planned and assigned by the Provider and made by the Customer, thus allowing the Provider to check and make sure that the Customer has learned information received during the training program and gained experience in solving specific tasks within the training program, to assess the Customer’s abilities, and to achieve other Provider’s purposes. ‘Homework’ shall be sent to the Customer via electronic means of communication: e-mail or other, as agreed individually or specified in User Account on the Website.
10. PROHIBITIONS AND RESTRICTIONS ON USING THE WEBSITE
10.1 By using materials supplied by the Provider and the Website (https://7spsy.com) the Customer acknowledges and agrees that all content of the Website and its structure are protected by copyright, trademark right and other intellectual property rights, and that these rights are valid and protected in all forms, on all media and in respect of all technologies, both existing and designed or created later. No rights to any content of the Website owned by the Provider including, but not limited to, audiovisual works, text and graphic materials, computer programs, and trademarks shall pass to the Customer as a result of using the materials and the Website or signing this Agreement.
10.2. The Customer is not allowed to copy, modify, change, delete, add, post, transfer any information (including parts and components of trainings, libraries, training programs, articles) obtained on the Website, unless where it is explicitly provided for on the Website.
10.3. The Customer is not allowed to:
10.3.1. use information obtained on the Website for taking business activities, making profit, or using it illegally, except for skills based on information obtained in accordance with the Agreement;
10.3.2. copy or otherwise use software components and design of the Website;
10.3.3. post personal data of third parties on the Website without their consent, including residential addresses, phone numbers, passport data, e-mail addresses.
10.4. When citing Website materials, the Customer shall make a reference to the Website if it is directly provided by its functions.
11. STORAGE AND PROCESSING OF PERSONAL DATA
11.1. In accordance with the Federal Law No. 152-FZ “On Personal Data” dated July 27, 2006 and as a result of acceptance of the Offer, the Customer shall give the Provider consent to collect, store and process (including automated processing) information relating to personal data (hereinafter referred to as the Personal Data) owned by the Customer or a third party the Customer is contracting for (full name, patronymic, residential address, place of residence, phone numbers, e-mail addresses, payment amounts), including data collection, systematization, accumulation, storage, validation (updating, modification), use, disclosure (including transfer), anonymization, blocking, or destruction. Processing of the Personal Data shall be carried out in order to conclude the Agreement on the basis of this Offer, any other agreements and their further execution, make payment settlements with the Customer, make decisions or carry out other actions causing legal consequences to the Customer or third parties, provide the Customer with information on services rendered by the Provider, perform contractual obligations towards third parties, and inform the Customer on changes in the terms and conditions of service rendering, the Offer, new products and services designed and/or offered by the Provider and/or its contractors or partners. By accepting this Offer, the Customer agrees to receive advertising.
11.2. Customer’s consent to personal data processing specified in Paragraph 11.1. hereof shall be given to the Provider before expiration of data storage period determined in accordance with the laws of the Russian Federation. After expiration, Customer’s consent can be withdrawn via written notification sent to the Provider at least 3 (three) months before the withdrawal. Withdrawal of consent to personal data processing shall automatically mean a unilateral refusal of services by the Customer.
12. DURATION OF THE OFFER. FINAL PROVISIONS
This Offer shall be effective from July 10, 2019 and be valid until the moment of withdrawal/amendment of the Offer by the Provider.
Tekhnologii Ideala (Technology Ideal), Center for Research Psychology, Limited Liability Company
Address: Suite 41, Gogolya Str., Novosibirsk, Russia, 63000
TIN 5406976032 КПП 540601001
Bank Account (Rubles) 40702810107000013388
Bank Account (Foreign currency) 40702840707000000606
Transit Currency Accout: 40702840007000000607
Bank: Raiffeisen JSC, Siberia
General Director: Pavel Khoroshutin
for self-therapy and self-diagnostics.
OOO Tekhnologii Ideala, Center for Research Psychology
TIN 5406976032 / PSRN 1175476058801