Public offer agreement on the provision of information and consulting services
1. General Provisions 1.1. This document is an official offer (public offer) of IE Tishaev Dmitry Sergeevich, hereinafter referred to as «the Contractor», registered in the Unified State Register of Individual Entrepreneurs offers for the provision of information and consulting services (hereinafter referred to as «the Agreement», «the Offer»). 1.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), if the conditions set forth below and payment for services are accepted, the legal or natural person who accepts this offer becomes «the Buyer», and «the Contractor» and «the Buyer» jointly - the parties of the Offer Agreement. 1.3. The Contractor provides information and consulting services (hereinafter referred to as the Services), the content, terms of rendering and amount of payment, along with other information, are published on the Internet at https://usa-ak.com/en, and the procedure for the provision and payment of which is specified in this Offer Agreement (hereinafter referred to as the Agreement). 1.3.1. The Contractor has the right to engage third parties to provide information and consulting services. 1.3.2. The Contractor does not provide legal services. It is also presumed (unless otherwise stated) that the Contractor himself, as well as third parties engaged by the Contractor to provide information and consulting services, are not immigration lawyers.
1.4. In accordance with Article 438 of the Civil Code of the Russian Federation, the following actions are recognized as full and unconditional acceptance of this Offer (which together are the acceptance of this Offer): 1.4.1. Acquaintance with the terms of this Agreement. 1.4.2. Making a 100% prepayment for the ordered services on the terms specified in this Offer. If the Buyer makes payment, it is presumed that he was familiar with the terms of this agreement. 1.5. By accepting this Offer in the manner specified in clause 1.4. of this Agreement, the Buyer agrees with all the terms of the Agreement in the form in which they are set forth in the text of this Agreement. At the same time, it is allowed to clarify the conditions for the provision of services through communication with persons representing the interests of the Contractor. 1.6. By accepting this Offer, the Buyer, thereby, on his own behalf and on behalf of any other persons interested in the services defined by this Agreement, expresses its consent that these conditions do not infringe on its legal rights. 1.7. The text of this Agreement is posted on the Internet at https://usa-ak.com/en. The original of the Website is in Russian and the offer in Russian has greater legal force, and this contract is its copy in English. 1.8. By taking actions to accept the Offer Agreement, the Buyer guarantees that he is authorized and has legal rights to enter into contractual relations with the Contractor. 1.9. The Offer Agreement is posted on the Contractor's Website: https://usa-ak.com/en (hereinafter referred to as the Website). The Contractor has the right to make changes to the terms of the Offer Agreement at any time. Changes to the terms of the Offer Agreement shall take effect from the moment they are published on the Website. 1.10. The Offer Agreement may be revoked by the Contractor at any time. 1.11. The offer agreement does not require sealing and / or signing by the Buyer and the Contractor (hereinafter referred to as the Parties), while maintaining full legal force. 1.12. In the event of technical failures on the Website (for example, incorrect indication of prices), the Contractor undertakes to notify the person who has expressed a desire to accept, and also to clarify the terms of the contract. The person wishing to make an acceptance, in this case, accepts such messages coming from persons representing the interests of the Contractor as a source containing the correct conditions for the provision of services.
2. Subject of the Agreement 2.1. The subject of this Agreement is the paid provision of information and consulting services to the Buyer on issues of higher education, work, courses (including language courses), internships abroad, including questions of admission and other issues arising from the content of the services presented on the Website. 2.2. A description of the composition of information and consulting services is available at the Internet address https://usa-ak.com/en. 2.2.1. Admission to the USA English Language Center is not included in the list of information and consulting services provided and is not the subject of this Agreement. In this case, the Applicant has the guarantees provided by the USA English Language Center when the Applicant and the USA English Language Center enter into an agreement in the form of an ESL Enrollment Agreement. 2.3. In accordance with the terms of the Agreement, the Contractor undertakes to provide the Services, and the Buyer undertakes to pay for the Services. 2.4. For the provision of services, the Contractor has the right to involve co-executors of his choice. 2.5. Services are provided via the Internet, incl. using WhatsApp. 2.6. The Contractor has the right at any time to change the dates of the provision of services, the time, their cost and the terms of this Agreement unilaterally without prior agreement with the Buyer, while ensuring the publication of the amended conditions at the Internet address https://usa-ak.com/en, not less than one day prior to their entry into force.
3. 3. The offer acceptance deadline, the term of the contract 3.1. The term for making an acceptance by the Buyer is unlimited. 3.2. The Agreement comes into force from the moment of acceptance and is valid until the Parties fully fulfill their obligations.
4. Cost of services and payment procedure 4.1. The cost of the Contractor's Services and possible payment methods are published on the Website https://usa-ak.com/en. 4.2. Payment for the Services under this Agreement is carried out on the basis of a 100% prepayment and in the manner established by this Agreement. 4.3. The Contractor cannot change the cost of paid services for a specific Buyer if he has already accepted the conditions of the Contractor and paid for the Services in the manner prescribed by this Agreement. 4.4. The moment of payment is the receipt of funds to the account of the Contractor or receipt of cash. 4.5. The Buyer is solely responsible for the correctness of payments made by him. 4.6. If it is necessary to apply the exchange rate, the selling rate of PJSC VTB Bank is used, which is relevant for the nearest past Monday, and if the transaction is made on Monday, then • as of the current day of the week, if the deal is made after 3:00pm Moscow time; • as of the nearest past Monday, if the deal is made before 3:00pm inclusive Moscow time. 4.7. The Buyer has the right to pay the cost of the Services in any of the following ways: 4.7.1. Transfer by the Buyer of funds in the currency of the Russian Federation (ruble) to the settlement account of the Contractor (or in foreign currency, but in accordance with applicable law). At the same time, the obligations of the Buyer in terms of payment under the Agreement are considered fulfilled from the day the funds are debited by the Buyer's bank from the Buyer's account; 4.7.2. Transfer of funds by the Buyer using the ROBOKASSA payment acceptance system or other electronic payment systems specified by the Contractor; 4.7.3. Transfer of cash by the Buyer to the Contractor. 4.8. Depending on the payment method chosen by the Buyer, a transaction fee may apply. By choosing a payment method, the Buyer agrees to the applicable transaction fee. 4.9. Services are provided in full, subject to their preliminary full payment by the Buyer. 4.10. Any of the services purchased does not guarantee the Buyer a student visa. The Contractor and third parties involved by the Contractor fulfill their obligations to provide information and advisory services, provide the necessary information in good faith, but are not responsible for the Contractor's compliance with the agreements and decisions of other persons responsible for issuing visas. In this regard, the funds paid for any of the Contractor's services are not refundable in case of refusal of a visa to the Applicant. 4.11. If the Buyer refuses the Services, the cost of the Services is not refundable.
5. Rights and obligations of the parties 5.1. The Buyer undertakes: 5.1.1. Pay for the Services in the manner, amount and terms stipulated by the Offer Agreement. 5.1.2. Comply with the User Agreement, the Privacy Policy and other agreements set out on the Website https://usa-ak.com/en, as well as comply with generally accepted standards of conduct, in particular, show respect for the Contractor's staff and other students, do not encroach on their honor and dignity . 5.1.3. Timely transfer all necessary documents and information to the Contractor. 5.1.4. Do not use the information received from the Contractor in ways that could lead to damage to the interests of the Contractor. 5.1.5. Notify the Contractor of the postponement of the date and time of the provision of the Service at least 3 calendar days in advance. 5.1.6. Accept the services provided by the Contractor and sign the service provision certificate. 5.1.6.1. If the Buyer has any claims to the act, the list of amendments must be sent to the Contractor in writing within 3 business days from the date of the service. 5.1.6.2. The refusal of the Buyer to sign the act on the provision of services must be motivated. A refusal motivated by the failure to achieve the desired result due to the actions or failure to act by a third party. 5.1.6.3. In the event that within 3 working days from the date of the provision of the service the Buyer does not declare a reasoned refusal to accept the services rendered, the services rendered by the Buyer should be considered accepted in full and properly.
5.2. The Contractor undertakes: 5.2.1. Organize and ensure the proper provision of the Services in accordance with the Offer Agreement. 5.2.2. Use all personal data and other confidential information about the Buyer only for the provision of Services, do not transfer or show to third parties the documentation and information about the Buyer held by him, except in accordance with the Privacy Policy and the User Agreement presented on the Website. 5.2.3. To show respect for the personality of the Buyer, not to allow physical and psychological violence, not to violate the Buyer's rights to freedom of conscience, information, to freely express their own opinions and beliefs. 5.2.4. Give written advice to the Buyer on additional issues of the Buyer (and in cases provided for by the content of individual services, oral advice). The complexity of the issue, the volume, and the timing of counseling is determined in each case by the Contractor independently.
5.3. The Buyer has the right: 5.3.1 Require the Contractor to provide information on organizing and ensuring the proper provision of the Services. 5.3.2. Require proper and timely provision of the Services by the Contractor. If the Contractor did not start the provision of the Services in a timely manner or if during the provision of the Services it became obvious that they would not be provided on time, as well as in the event of a delay in the provision of the Services at its choice: 5.3.2.1. Assign to the Contractor a new period during which the Contractor must start rendering the Services and (or) finish rendering the Services; 5.3.2.2. Terminate the contract. 5.3.3. Contact the Contractor on all issues related to the provision of the Services, as well as ask questions related to the provision of the Services.
5.4. The contractor has the right: 5.4.1. Independently determine the forms and methods of providing the Services based on the requirements of the law, as well as the specific terms of the Offer Agreement, taking into account the wishes of the Buyer. 5.4.2. Independently determine the system of assessments in the provision of the Services, the forms and procedure for assessment. 5.4.3. Independently determine the composition of specialists providing the Services, and at its own discretion distribute work between them. 5.4.4. Demand payment for rendered or rendered Services. 5.4.5. Refuse to execute the Agreement subject to full compensation for losses to the Buyer in accordance with the legislation of Russia. 5.4.6. Refuse to provide the Services if the Buyer warns about the postponement of the already scheduled date and time for the provision of the Services less than 3 days before the start. 5.4.7. Receive from the Buyer any information necessary to fulfill its obligations under the Offer Agreement. In case of non-submission or incomplete or incorrect submission of information by the Contractor, the Contractor has the right to suspend the performance of its obligations under the Offer Agreement until the necessary information is provided.
6. The term of the Agreement and the procedure for its termination 6.1. This Agreement comes into force from the moment of its acceptance by the Buyer and is valid until the Parties fully fulfill their obligations. The date of acceptance is the date of payment by the Buyer for the Services of the Contractor in full. 6.2. The expiration date of this Agreement is the fulfillment by the Parties of all their obligations in full, in accordance with this Agreement. In the event of early termination of this Agreement, the Parties are obliged to notify each other in writing within 3 days prior to the date of termination.
7. Force majeure 7.1. The Parties are released from liability for full or partial failure to fulfill obligations under the Agreement if the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of public authorities or other circumstances beyond the control of the Parties. 7.2. The Party that cannot fulfill its obligations under the Agreement must promptly, but no later than 5 calendar days after the onset of force majeure circumstances, notify the other Party in writing, with the provision of supporting documents issued by the competent authorities. 7.3. The Parties acknowledge that the insolvency of the Parties is not a force majeure event.
8. Details Sole Entrepreneur: Tishaev Dmitry Sergeevich OGRNIP: 320774600465031 TIN: 772883352923 Other details available on request
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