Public offer agreement for the provision of services.
Individual Entrepreneur Kuntsevich Olga Vladimirovna, acting on the basis of the State Registration Certificate No. 192505277 dated 06.07.2023, hereinafter referred to as the “Contractor,” on the one hand, and the “Customer,” on the other hand, hereinafter referred to as the “Parties,” have concluded this Agreement as follows:
1. SUBJECT OF THE AGREEMENT
1.1. The Contractor agrees to provide additional educational services for the German language training (hereinafter referred to as “Training” or “Services”) on a paid basis, in accordance with the terms of this public offer.
1.2. The Customer or their representative participates in the Training in accordance with the terms of this Agreement.
2. PROCEDURE FOR CONCLUDING THE AGREEMENT
2.1. The publication (placement) of the text of this Agreement on the official website of the Contractor at http://mygerman.pro/ constitutes a public offer (offer) by the Contractor, addressed to an indefinite number of persons to conclude this Agreement (paragraph 2, Article 407 of the Civil Code of the Republic of Belarus).
2.2. This Agreement is a public contract (Article 396 of the Civil Code of the Republic of Belarus), under which the Contractor undertakes the obligation to provide Services to an indefinite number of individuals who have requested the specified Services.
2.3. This Agreement is also a contract of adhesion. It is concluded by the Customer accepting the terms of this Agreement in the manner prescribed by Article 398 of the Civil Code of the Republic of Belarus, i.e., by joining the Agreement in its entirety without any conditions, exclusions, or reservations.
2.4. The fact of acceptance (approval) of the terms of this Agreement by the Customer is the submission of an application to participate in the Training, followed by payment of the invoice provided by the Contractor, in accordance with the terms and conditions set out in this Agreement (paragraph 3, Article 408 of the Civil Code of the Republic of Belarus).
2.5. When conducting Training over the Internet and other forms of distance learning, payment can be made through the payment systems specified on the Contractor’s website.
2.6. The Agreement is valid from the moment payment is received in the Contractor’s account until the completion of the obligations and mutual settlements between the Parties.
3. PROCEDURE FOR PROVIDING SERVICES
3.1. The list of Services to be provided under this Agreement, the service provision period, and other conditions defining the procedure for providing Services, as well as other essential information related to the provision of Services, are specified in the descriptions of specific courses (training programs – Appendices to this offer agreement) and are provided individually to each Customer.
3.2. The Contractor has the right to engage third parties to fulfill its obligations under this Agreement, as well as to use the services/work of third parties to ensure the provision of Services specified in this Agreement.
4. OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes to:
4.1.1. Properly provide the Service stipulated in this Agreement.
4.1.2. Timely inform about changes arising during the provision of the Service: in terms, location, by posting information on the Contractor’s websites at http://mygerman.pro/, https://school.mygerman.pro/ and notifying via email.
4.1.3. Maintain the confidentiality of the personal information of the participants in the Training.
4.2. The Customer undertakes to:
4.2.1. Pay for the services of the Contractor.
4.2.2. Maintain the confidentiality of the personal information of other participants in the Training regarding any matters disclosed to them during the Training.
4.2.3. Timely check correspondence sent to the email address and/or mobile phone number provided by the Customer in the registration form when submitting the application.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1. The cost of the Services provided under this Agreement is negotiated individually with each Customer, determined based on the volume, nature, and duration of the ordered Services, and reflected in the payment documents.
5.2. The Contractor provides Services on the condition of 100% prepayment of the amount specified in the invoice provided to the Customer.
5.3. Payment for the ordered Services by the Customer without receiving confirmation from the Contractor regarding the possibility of providing the Services (through the issuance of a payment request for the ordered Services) is not allowed.
5.4. Customers who are individuals make payments for the ordered Services via cashless bank transfer to the Contractor’s bank account according to the details and information provided in the invoice or through the payment system available on the Contractor’s website.
5.5. All expenses related to the transfer of payments under this agreement to the Contractor’s account are borne by the Customer.
5.6. The act of acceptance of services is considered signed on the last day of access to the Service, the duration of which is agreed upon at the time of payment for the Service with the Customer.
6. SPECIAL CONDITIONS
6.1. The Parties unconditionally acknowledge that regardless of the subject of the Training and the issues discussed during it, the Services do not constitute psychological or psychotherapeutic assistance, psychocorrection, and are limited to providing the Customer with information and materials for independent study and use.
6.2. In the event of a breach by the Customer or their representative of the service provision regulations (lateness, partial attendance, failure to complete the exercises and tasks specified in the Training program within the designated time frame), the Service shall be considered fully rendered, the payment will not be refunded, and the act of acceptance of services shall be deemed signed.
6.3. If the Customer has notified the Contractor of their refusal to participate in the previously paid Service (Course/Lesson) or has failed to notify, the Service shall be considered fully rendered, the payment will not be refunded, and the act of acceptance of services shall be considered signed.
6.4. If the Customer has notified the Contractor of their inability to participate in the previously paid Service (Course/Lesson) more than three calendar days before its start, the Customer shall be given the opportunity to participate in the Service (Course/Lesson) at a different time without additional payment.
7. FORCE MAJEURE
7.1. The Parties are exempt from liability for partial or complete non-performance of their obligations under this Agreement if it is due to the occurrence of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the Parties could not foresee or prevent by reasonable measures.
7.2. Force majeure circumstances include events that the Party cannot influence and for which it is not responsible, such as war, rebellion, strike, earthquake, flood, fire, severe weather conditions, or other natural disasters, government decrees, orders (edicts) of state authorities and officials, laws, and other regulations of competent authorities adopted after the acceptance of this Agreement, making it impossible to fulfill the obligations set forth in this Agreement, as well as actions of state or local government bodies and their representatives that prevent the fulfillment of the terms of this Agreement.
7.3. If force majeure circumstances occur that prevent the performance of obligations under this Agreement, the term for the performance of such obligations by the Parties shall be extended proportionally to the duration of such circumstances and the time required to eliminate their consequences, but no more than one hundred and eighty calendar days.
7.4. If the force majeure circumstances continue for more than the period specified in paragraph 7.3 of this Agreement, or if it becomes apparent to both Parties at the time of their occurrence that these circumstances will last longer than this period, the Parties shall discuss the possibilities of alternative ways of performing this Agreement or its termination.
8. DISPUTE RESOLUTION
8.1. All disputes and disagreements that may arise from or in connection with this Agreement shall be resolved by the Parties through mutual agreement.
8.2. Any issues arising from this Agreement or related to it, which the Parties are unable to settle amicably, shall be referred to the final resolution of the competent court of the Republic of Belarus.
8.3. Any amendments and additions to this Agreement shall be made by mutual agreement of the Parties and documented by an additional protocol.
8.4. In all matters not regulated by this Agreement, the Parties shall be guided by the legislation of the Republic of Belarus.
9. ADDRESSES AND DETAILS OF THE PARTIES
9.1. The Parties unconditionally agree that the details of the Customer are the information provided by the Customer when placing the order for the provision of Services.
9.2. Details of the Contractor:
Individual Entrepreneur Kuntsevich Olga Vladimirovna
Certificate No. 192505277, issued by the Kopyl District Executive Committee on 06.07.2023
Bank accounts:
- BY11UNBS30131646600030000933 for BYN
- BY49UNBS30131646600100000978 for EUR
at JSC “BSB Bank”, Minsk, Pobeditely Avenue, 23, building 4, code 175 Unique identification number 192505277
Address: Republic of Belarus, Minsk Region, Kopyl District, Rusaki village, Trudovaya St., 37
Telephone: +375293464456
E-mail: olga@mygerman.pro, mygerman2019@mygerman.pro