I. This document (hereinafter – the “Offer”) is an offer of the Limited Liability Company “FLESS” (hereinafter – the “Contractor”) to conclude an agreement on providing access to interactive courses (hereinafter – the “Services”) (as defined below), (hereinafter – the “Agreement”), with any individual (hereinafter – the “Customer” and together with the Contractor – the “Parties”).
II. According to paragraph 3 of Article 438 of the Russian Federation Civil Code, the acceptance of this Offer shall be deemed the Customer’s completion of the following actions:
• reading the text of this Offer;
• reading the User Agreement, posted and available on a permanent basis on the Website page at https://fless.pro/legal/user-agreement-en;
• consent to the provision of the Services and use of the online course. The Customer’s consent is given by clicking “Pay” on the payment page;
• course advance payment.
III. The Agreement shall be deemed concluded from the moment of acceptance of this Offer. This Offer may be unilaterally changed by the Contractor at any time and the version placed on the Contractor’s website at the following address is considered actual https://fless.pro/legal/public-offer-en. The terms and conditions of the Agreement shall remain unchanged for the Customer, who concluded the Agreement before the Offer has been amended.
IV. The person to whom this offer is addressed has the right to desist from the actions required for the acceptance of the Offer, as well as to apply to the Contractor with a proposal to conclude an agreement for the provision of fee-based services on other terms and conditions.
V. Service agreement (for individuals)
1. GENERAL PROVISIONS
1.1 Terms used in this Agreement:
“Website” – A set of information, texts, graphic elements, design, images, photo, audio and video materials, and other protected results of intellectual activity and property designations of the Contractor, as well as computer programs contained in the system providing access to such information at https://fless.pro. The Website is an Internet resource designed to provide the Customer with information materials in order to organize the Customer’s self-study of the skills necessary to get a job in consulting companies;
“Course” is one of the interactive courses available on the Website at the following Internet address https://learn.fless.pro representing a set of audiovisual, text, graphic materials and computer software (software for performing test tasks) intended for the Customer’s self-learning in order to obtain new or develop existing skills necessary to get a job in consulting companies;
Interactive courses are not an educational program, and the Contractor is not an organization engaged in educational activities;
“Personal Account” – the Website’s section, which the Customer gets access to after registration and/or authorization on the Website. The Personal Account is intended for storing the Customer’s personal data, viewing the Website’s available functionality, getting access to interactive courses, materials and information necessary for self-study.
1.2 This Agreement may include other terms that are not specified in clause 1.1. In this case the interpretation of such term shall be made according to the text of the Agreement. In case there is no unambiguous interpretation of the term or definition in the Agreement and other documents forming it, the interpretation of the term or definition shall be guided by the Russian Federation legislation, explanations of the courts of the Russian Federation judicial system and, subsequently, by standards, norms, business standards, and doctrine.
2. SCOPE OF THE AGREEMENT
2.1. The Contractor undertakes to provide fee-based services to provide access to interactive courses, the terms of which are defined on the Organization’s website at the following address: https://learn.fless.pro.
2.2. The services are provided to the Customer exclusively by remote technologies via the Internet. Rendering of services is carried out through the Website, that provides the Customer with the interactive courses, regardless of his location, as well as the functioning of the Contractor’s electronic information environment..
2.3 The place of provision of the Services is the Contractor’s location – the city of Moscow, regardless of the Customer’s location.
2.4. Relations between the Contractor and the Customer are regulated by this Agreement, the Russian Federation Constitution, the Russian Federation Civil Code, the Russian Federation Law of February 7, 1992 No, 2300-1 “On Protection of Consumer Rights”, the Contractor’s local normative acts, regulating the relations with the Customers and the Services provided by the Contractor.
3. PROCEDURE FOR RENDERING SERVICES
3.1. The Customer by his own efforts and at his own expense provides himself with the necessary equipment with the Internet access, necessary to access the Website at the time of rendering the Services under the Agreement.
3.2 The terms of the course completion available on the Website relevant page at the moment of the Agreement conclusion, shall be determined by the Customer independently, but shall not exceed the term of the interactive course access, indicated on the course page. At the same time, the Contractor reserves the right to provide unlimited access to the course on an individual basis.
3.3. The Customer gets access to the Course after the Agreement conclusion and payment for the Services in advance according to the procedure established by the Agreement.
3.4 If the Course is completed, the Customer is provided with a digital name certificate of the Course and job offers according to its result.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 Rights and obligations of the Contractor
4.1.1. The Contractor is obliged to provide the Customer, who has fulfilled the Agreement’s conditions including the obligation to pay for the Services in advance, with access to the course.
4.1.2. The Contractor is obliged to provide the Customer with access to the course immediately after the Agreement conclusion and advance payment for Services. The access is provided through the Personal Account.
4.1.3. The Contractor is also obliged to provide the Customer with access to self-study materials on the Website, as well as to include the Customer into a Telegram group for discussing emerging issues.
4.1.4. The Contractor independently determines the methods of control over the Customer’s course development and informs the Customer about the share of correct answers. The Customer is informed by receiving information in his Personal Account.
4.1.5. The Contractor provides remote consulting support to the Customer regarding the procedure for the Services provision, rights and obligations of the Parties based on the Customer’s requests. The consulting support shall be provided during working hours established by the Contractor’s local normative acts.
4.1.6. The Contractor is entitled at any time at his discretion to change the topics of the Course sections, to change the content, quantity, name and type of materials. In this case the Contractor guarantees that such changes will not cause a deterioration in the courses quality. Information about such changes will be posted on the Website.
4.2 Rights and obligations of the Customer.
4.2.1 The Customer shall pay for the Contractor’s Services according to the Agreement’s terms and conditions.
4.2.2 The Customer shall provide the Contractor with the following information through the Personal Account, that is necessary for identification of the Customer’s personality, obtaining access to the course, keeping record of the Customer’s progress, issuing a digital name certificate: the Customer’s first name and last name, e-mail address, and telephone number.
4.2.3 The Customer has the right to demand proper fulfillment of the Contractor’s obligations to create the Course and to organize its completion.
4.2.4 The Customer has the right to obtain information on the Website about the methods of control over the Course completion and about the share of his correct answers. The Customer shall obtain this information on the Website in his Personal Account.
4.2.5 The Customer is entitled to have the consulting support from the Contractor regarding the procedure of the Services provision, and rights and obligations of the Parties. In order to obtain consulting support, the Customer is entitled to make a request to the Contractor’s e-mail address firstname.lastname@example.org.
4.2.6. The Customer undertakes to comply with the requirements of the documents constituting this Agreement, in particular the User Agreement, posted and available on the Website page on a permanent basis at https://fless.pro/legal/user-agreement-en, Privacy and Personal Data Policies posted and available on a permanent basis on the Website page at https://fless.pro/legal/privacy-policy-en.
4.2.7. The Customer shall use the Website and the Personal Account in good faith, without violating the Russian Federation legislation, the rights and freedoms of third parties, the norms of morality, not cause property damage to the Contractor, in particular not violate the Contractor’s exclusive rights on intellectual property.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1 The Services cost is determined according to the prices of the date of the Agreement conclusion, published on the Website page available to the Customer after registration.
5.2. The Contractor has the right to change the cost and payment for the Services. In the case of changes in the cost and payment procedure after the Customer has made the advance payment, the cost of services for him shall not be changed and not be subject to recalculation.
5.3. All payments under the Agreement are made in Russian rubles.
5.4. Payments under the Agreement are made by cashless payment services available to the Customer on the Website after clicking the button “Pay”.
5.5. The Customer’s financial obligation shall be considered to be fulfilled at the moment the Contractor receives information about payment made by the Customer in the amount established in this Agreement.
5.6. The services are paid by the Customer in full or partial advance payment. The payment procedure available to the Customer is determined by the Contractor on the Website. Depending on the payment order determined on the Website by the Contractor, the order of fulfillment of the Customer’s financial obligation is determined in clauses 5.6.1. and 5.6.2. of the Agreement. The Customer shall not be entitled to demand from the Contractor any other order of payment under the Agreement than the ones posted on the Website. If the Contractor establishes several payment options on the Website, the Customer shall determine the payment procedure acceptable to him. After the Agreement conclusion the payment method cannot be changed.
5.7. In case of the Customer’s violation of the terms of payment established in clause 5.6 of the Agreement for more than 7 (seven) calendar days, the Contractor has the right to suspend the provision of Services and terminate the Agreement. The Agreement shall be considered terminated from the date of the Customer’s obligation to make the payment, that was not fulfilled by him.
6. LIABILITY OF THE PARTIES
6.1 For non-fulfillment or improper fulfillment of obligations under the Agreement, the Contractor and the Customer shall be liable as provided by the Agreement and the Russian Federation legislation.
6.2 All disagreements related to the conclusion, execution and termination of the Agreement shall be settled by negotiations. In case of impossibility to settle the dispute by negotiations, the disputes can be submitted for consideration to the court, determined according to the Russian Federation current legislation.
6.3 In the event of disputes between the Customer and the Contractor related to the Agreement fulfillment, the Parties shall seek to resolve them by negotiations with the mandatory pre-trial claim procedure. The Contractor shall send the claim in due form to the Customer to the e-mail address specified by the Customer in the Personal Account. The Customer undertakes to send the Contractor a claim in an appropriate form to the e-mail address email@example.com . The term of response to the claim is 10 (ten) working days from the date of its receipt. The claim shall be considered to be sent in proper form, if it is expressed as a legible scan copy of the document signed by the Party or authorized person. In case the claim is signed by the representative of the Party, a document certifying the representative’s authority shall be attached to the claim. In case any of the Parties fails to comply with the procedure set forth in this paragraph, the mandatory pre-trial claim procedure shall be deemed to have been failed.
7. INTELLECTUAL PROPERTY OBJECTS
7.1. The Website, its information content, any materials, information, regardless of the form, and courses, provided by the Contractor to the Customer as a part of the Services provision, are objects of intellectual property, exclusive rights to which belong to the Contractor, or the Contractor has the legal right to use these objects of intellectual property.
7.2. The use of intellectual property objects without the Contractor’s written consent is a violation of his exclusive right, which entails civil, administrative and criminal liability according to the Russian Federation current legislation.
7.3. The Contractor shall provide the Customer with access to the objects of intellectual property exclusively for the purposes of this Agreement. The Customer is not entitled to use the intellectual property objects, to which the Contractor has granted access, for other purposes, in particular it is prohibited to download and copy to any media, distribute in any form, modify in any way such intellectual property objects.
7.4. The Contractor shall establish technical measures to protect the intellectual property objects at his discretion.
7.5. The Customer has the right to use his own course results created exclusively by his creative work, if this does not violate the Contractor’s exclusive rights, and he shall use the reference to the Contractor’s source.
8. DURATION OF THE AGREEMENT
8.1 This Agreement shall be deemed concluded and shall enter into force for the Parties from the date of acceptance of the offer.
8.2 This Agreement is valid until the Parties fulfill all obligations. All Annexes are integral parts of the Agreement.
8.3. The Agreement can be terminated at the initiative of the Contractor in case:
– the Customer’s breach of the registration order, established by the Agreement, by the Contractor’s local normative acts, by the Russian Federation current legislation, in particular, in case of the Customer’s violation of obligations to provide information according to clause 4.2.2. of the Agreement; and
– the Customer’s violation of the payment terms for the Contractor’s Services.
9. ADDITIONAL TERMS AND CONDITIONS
9.1. Legally significant messages, documents related to the conclusion, execution, termination of this Agreement shall be to the e-mail addresses specified by the Customer in the Agreement and in the Personal Account.
9.2. Conclusion of this Agreement shall be equivalent to the Customer’s written consent to process his personal data, including personal data provided during the courses according to clause 4.2.2. of the Agreement.
9.3. Conclusion of this Agreement shall be equivalent to the Customer’s written consent to receive newsletters and promotional materials from the Contractor to the e-mail address, contact phone number specified in the Personal Account by the Customer.
9.4. The Parties shall be guided by the Russian Federation current legislation in everything else that is not stipulated in this Agreement.
10. THE CONTRACTOR’S DETAILS
Full corporate name: Limited Liability Company “FLESS”
Short corporate name: LLC “FLESS”.
Address (location): 7, Venevskaya Street, apartment 133, Moscow, 117042.
E-mail address for legally relevant messages and documents: firstname.lastname@example.org.
current account 40702810010000503580
correspondent account 3010181014525000097
Tinkoff Bank (JSC)