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PUBLIC OFFER:

proposal to conclude an agreement on the provision of educational services

                                                                                                          September 1, 2024


By this public offer (hereinafter referred to as the "Offer"), individual Entrepreneur Stukovnin Aleksei Pavlovich, acting on the basis of the Certificate of State Registration of an Individual as an Individual Entrepreneur, hereinafter referred to as the "Contractor," on the one hand, proposes to conclude an agreement for the provision of educational services on the terms of the Offer specified below, with any individual who has responded, hereinafter referred to as the "Customer/Attendee," on the other hand

Terms and Definitions

Public Offer (Offer) – a public offer to any individual to enter into a contract for paid educational services for training on an online course on the terms set out below.
Acceptance – full and unconditional acceptance of the terms of this Offer made in accordance with the terms of the Offer.
Customer – an individual possessing legal and legal capacity who accepted the Offer, or an authorized representative of a minor who will be a consumer of educational services. The Attendee is an individual mastering the educational program.
If the Customer has reached eighteen years of age, he has the right to independently accept the offer and independently act on his or her own behalf within the framework of the Agreement.
If the Customer is between the ages of fourteen and eighteen, it has the right to accept the offer and act on its own behalf within the framework of the Agreement, provided that it receives the written consent of its legal representative (one of the parents, adoptive parents, trustee) to conclude the Contract (Article 26 of the Civil Code of the Russian Federation).
For minors under the age of fourteen, transactions can be made on their behalf only by their parents, adoptive parents or guardians in accordance with Art. 28 of the Civil Code of the Russian Federation.
Contractor - individual entrepreneur Stukovnin Aleksei Pavlovich, TIN/OGRNIP 771823173741/324774600567095
Website - a set of computer programs and other information providing access to the Platform via the Internet, located at: https://ruswan.ru/.
Educational program (Program) – This is a set of basic characteristics of education (volume, content, planned results) and organizational and pedagogical conditions, which is presented in the form of a curriculum, calendar curriculum, work programs of educational subjects, courses, disciplines (modules), other components, assessment and methodological materials.
Results of intellectual activity - legally protected works: audiovisual works (video tutorials, video broadcasts), lectures, online course programs and other materials, the list of which is contained in the Course Program, presentation design, texts, videos and photographs of sites and accounts of the Contractor, and other legally protected results of intellectual activity and means of individualization.
Author – author of the results of intellectual activity of the online course Stukovnin Aleksei Pavlovich

1.Legal basis

1.1. The legal basis for the regulation of relations between the Contractor and the Customer (hereinafter referred to as the Parties) under the Contract is the Civil Code of the Russian Federation, Federal Law of 29.12.2012 No. 273-FZ "On Education in the Russian Federation" and other regulatory legal acts of the Russian Federation.
1.2. The Agreement is concluded by acceptance (acceptance) by the Customer of the Contractor's offer containing all the essential terms of the Agreement (Clause 3 of Article 438 of the Civil Code of the Russian Federation). The complete and unconditional acceptance (acceptance) of the Contractor's offer is considered to be the completion by the Customer of the following actions:
1.3. filling out the registration form on the https://ruswan.ru/ website (hereinafter referred to as the Website).
1.4. payment in accordance with the terms of the Contract.
1.5. Acceptance of the offer means that the Customer agrees with all provisions of the Agreement and undertakes to follow them.
1.6. The Customer and the Contractor guarantee that they have the powers and rights necessary to conclude the Contract.
1.7. The Contractor has the right to unilaterally make changes to this Offer, which come into force from the date of publication of the new Offer on the Website.
1.8. The Agreement shall be deemed concluded and shall enter into force for the parties upon payment of the Agreement Price by the Customer. The payment date shall be the date of receipt of 100% (one hundred percent) of the Agreement price to the settlement account of the Contractor or the person authorized by the Contractor.

2.Objective of the Agreement

2.1. The subject of the Agreement is provision of educational services by the Contractor using remote educational technologies under the program "Russian as a foreign language," in accordance with the selected tariff on the terms and in the manner determined in the Agreement, which the Customer undertakes to pay in accordance with the requirements of the Agreement.
2.2. The form of training is correspondence with the use of distance learning technologies. Services are provided in the form of synchronous individual remote online classes using video conferencing applications Zoom, Skype, Pruffme.com.
2.3. The content of the Programs, the term of training on them, the date of the start and end of educational services, the stages of provision of services (if any), other information are determined by the Program developed and approved by the Contractor and posted on the Site in the appropriate section. The schedule of classes is also agreed by the parties individually using the Gmail mail service, WhatsApp messengers, Telegram, VKontakte social network or other trusted communication channels after the Customer accepts the terms of the Offer
2.4. The place of provision of educational services is the location of the Contractor, regardless of the location of the students.
2.5. After completion of training, the Program does not provide for the issuance of a training document (certificate).
2.6. The customer is provided with a free one-time consultation in order to determine preferences and needs for teaching Russian as a foreign language.
2.7. Educational services are provided by the Contractor independently without the involvement of a third party.

3.Rights and obligations of the contractor

3.1. The Contractor shall:
3.1.1. Organize and ensure the proper provision of services provided for in Clause 2.1 hereof.
3.1.2. Provide the Customer with reliable information on the types of services provided, methods of their provision, terms of payment for services and other information necessary in the framework of the fulfillment of the terms of this Agreement by posting on the Contractor's website.
3.1.3. After receipt of the prepayment from the Customer to the settlement account of the Contractor, the latter undertakes to contact the Customer to organize further work on the provision of Services.
3.1.4.  Immediately notify the Customer of the occurrence of force majeure circumstances related to the provision of the Services, and after eliminating them, provide the services in full.
3.1.5. In case of technical problems caused by the Contractor that hinder the provision of services or training materials, the Contractor undertakes to eliminate them and continue the provision of services in full in accordance with the paid tariff.
3.1.6. Eliminate all identified deficiencies free of charge at the request of the Customer, if in the process of rendering services, the Contractor deviated from the terms of the Agreement, which worsened their quality.
3.1.7. Provide organizational, methodological and advisory support to the Customer.
3.1.8. Provide information on the training schedule in advance of the start of classes.
3.2. The Contractor shall be entitled to:
3.2.1. independently determine the methods, means and methods of providing educational services under the Agreement, including in terms of the implementation of the educational process, the choice of a system of assessments, forms, procedure and frequency of intermediate certification of the Listener in accordance with the legislation of the Russian Federation, local regulations of the Contractor, the Agreement;
3.2.2. Inform the Customer about the progress and current results of training in a manner and with frequency determined by agreement of the parties.
3.2.3. erminate the Agreement unilaterally in cases provided for by Clause 22 of the Rules for the provision of paid educational services approved by the Government of the Russian Federation of 15.09.2020 No. 1441.
3.2.4. The schedule of classes for the current month may be revised at the discretion of the Contractor in the event of illness of the Contractor, the Customer and other force majeure circumstances, while the Parties undertake to inform each other about the postponement of classes as soon as the reason for the postponement of classes has arisen.

4.Rights and obligations of the Customer

4.1. The Customer shall
4.1.1. Provide all relevant information necessary for the Contractor to provide the Services. The Customer is fully responsible for the accuracy of the information specified in the application for the provision of tutoring services.
4.1.2. amiliarize yourself with the terms of this Agreement and comply with them during the entire period of the services.
4.1.3. Independently and in a timely manner get acquainted with information on the provision of educational services.
4.1.4. Study according to the Program (master the Program) in accordance with the curriculum and (or) individual curriculum, including self-preparation for classes, fulfill the requirements of the Program, including the established volumes of educational load and independent work (if non-audit (independent) work is provided for by the Program), perform tasks given by teachers within the Program.
4.1.5. Make payment according to the tariff, and in case of payment through a bank branch, payment terminals, Internet banking, notify the Contractor of the payment made by sending a copy of the payment document in electronic form to the address of the Contractor ruswan.school@gmail.com, or using WhatsApp, Telegram messengers by phone number +7-925-171-82-27.
4.1.6. Pay for services within the terms and in the manner specified in this Agreement.
4.1.7. Inform the Contractor about changes in e-mail addresses, pages in social networks, payment, postal and other details of the Customer within 10 days from the date of the change. The risk of adverse consequences of not notifying the Contractor, including, but not limited to, suspension of access to consultations, impossibility to return funds, extension of the return period, shall be borne by the Customer.
4.1.8. Observe discipline and generally accepted standards of conduct, in particular, show respect for the Contractor and other Participants, not infringe on their honor and dignity, comply with the rules established by this Agreement.
4.2. The Customer shall be entitled to
4.2.1. For one free consultation to assess the level of knowledge of the language.
4.2.2. demand from the Contractor proper provision of the Services in accordance with the paid package of Services.
4.2.3. require the Contractor to provide information on the organization and ensuring the proper performance of the services provided for by this Agreement;
4.2.4. to return half the amount per lesson if he is physically present, but cannot engage due to problems with the Internet or other reasons on the student's side.
4.2.5. terminate the educational relationship early on its own initiative, provided that the Contractor is reimbursed for the actual expenses incurred by it for the Customer's training before the date of the Customer's deduction, by sending the Contractor a corresponding written notice of this to the Contractor's e-mail address specified in Section 10 of the Agreement. Termination of educational relations shall entail the Customer's expulsion and termination of the Agreement.
4.2.6. Conduct a survey of the Customer/Listener, including requesting feedback on the events held, post the results of the survey, training and feedback, fragments of classes on the Internet for advertising purposes, in compliance with all measures for the processing, transfer and protection of personal data provided for by applicable law and requirements of Art. 152.1 of the Civil Code of the Russian Federation,

5.Absences, postponements and delays

5.1. The Contractor has the right to consider the lesson as valid and not to return the payment if the Customer did not warn about the absence from the lesson on the same day at most 4 hours before the time of the appointed lesson. You can warn through the WhatsApp messenger, Telegram, Gmail mail, the VKontakte social network, or in a Zoom or Skype conversation.
5.2. The schedule of classes may be revised at the discretion of the Parties in the event of illness and other force majeure circumstances, and the Parties undertake to notify each other of the transfer of classes as soon as there is a reason why the transfer of classes in writing through the agreed communication channels will be made.
5.3. Two months are given to complete a package of 5 classes, three months from the date of payment are given to complete a package of 10 classes. If during the specified period the Customer does not pass the required number of classes, the Contractor has the right to consider the package of classes completed and not return the payment, except for the cases specified in clause 5.2 of the Agreement.
5.4. If the Contractor is unable to conduct a lesson for any reason, he shall notify the Customer 1 (one) working day before the lesson and postpone the lesson for another time by notifying the Participant. If the Contractor has not held a consultation and has not postponed it to a specific day, the lesson is considered canceled and must be compensated to the Customer in cash in the amount equal to the cost of the lesson in accordance with the tariff.
5.5. If the Customer is late for the start of the online lesson, the lesson time is not extended and ends on schedule. In case of a delay of more than 15 minutes, the lesson is not held and can be considered by the Contractor to be held in full, claims will not be accepted, prepayment is not subject to return.

6.Cost of educational services and payment procedure

6.1. The list of services to be provided under this Agreement, the name of the Program, tariffs and the number of hours or a package of hours, as well as other information that is significant for the provision of services, is published on the https://ruswan.ru/ page, the content of which is included in this Agreement by reference.
6.2. The calculation of the cost of the contractor's services for each Customer consists of the cost of one hour of training, based on the selected tariff, multiplied by the number of hours ordered (paid) by the customer. The cost of the training hour (60 minutes) depends on the Program and tariff selected by the Customer.
6.3. After conclusion of the Agreement, the cost of educational services is not subject to change.
6.4. Payment by the Customer for educational services in the amount provided for in Clause 6.1 hereof shall be made by bank transfer to the settlement account of the Contractor or in any other way not prohibited by the legislation of the Russian Federation. The date of fulfillment of the Customer's payment obligations is the date of crediting the funds to the settlement account of the Contractor.
6.5. When concluding this Agreement, the Parties proceeded from the fact that the Contractor applies a special tax regime "Professional Income Tax" (Federal Law No. 422-FZ of 27.11.2018 ).
6.6. The customer pays for the services on a 100% prepayment basis. Partial (overtime) payment for ordered services is possible on the terms of a separate agreement between the parties.
6.7. The settlement is made through the bank transfer system, the VK Pay system (for cards of Russian banks) or the use of Robocass online acquiring, the lava.top platform (for cards of Russian and foreign banks). Depending on the choice of the Listener, payment for 1, 5 or 10 consultations is made after a free online consultation through the online acquiring link, or by direct bank transfer. Subsequently, after the completion of the package of classes, the subsequent payment for the next classes is made in the same way.
6.8. In case of non-compliance by the Customer with the terms of Section 5 of the Agreement, recalculation of training fees, transfer of payment to the next month, or refund of funds is not made, and the lesson is considered completed, since the paid amount is considered compensation for the time spent by the teacher in online training. In this case, the services shall be paid by the Customer in full.
             In addition, the basis for recalculation or the provision of an additional opportunity for the Customer to pass missed classes is a sick leave or other documents confirming a good reason for the Customer to skip calendar classes, subject to prior notification of the contractor about these circumstances in writing in electronic form via agreed communication channels.
6.9. Based on the provisions of Chapter 39 of the Civil Code of the Russian Federation and in accordance with this Agreement, the parties do not establish a mandatory requirement to sign the Act on the performance of the Services provided.
6.10. Services are considered accepted by the Customer (he agrees with the quality, volume of services provided and has no complaints against them) after 3 (three) business days from the end of the Program development period (fulfillment of the Contractor's training obligations) specified in clause 5.3 of the Contract, if within the time specified in this clause the Contractor does not receive a ruswan.school@gmail.com or mailing address of a motivated claim to the quality and terms of the services provided from the Customer to the Contractor's e-mail address
6.11. In case of termination of educational relations and (or) termination of the Contract at the initiative of the Customer or the Contractor, the Contractor shall calculate the cost of the educational services actually provided to the Customer, based on the volume of educational services (classroom hours) provided to the Customer before the date of the Customer's deduction.
6.12. If the amount of funds transferred by the Customer to the Contractor for the provision of educational services under the Contract at the time of termination of the Contract exceeds the cost of actually provided educational services calculated by the Contractor, the Customer has the right to demand from the Contractor a refund of the overpayment.

7.Personal data processing

7.1. By concluding the Agreement, the Customer (personal data subject) by his will and in his interest gives consent to the Contractor for the processing of his personal data, in particular, those specified by him during registration or becoming known to the Contractor in connection with the execution of the contract.
7.2. The consent is provided in relation to personal data, term, purposes and methods of their processing and other conditions specified in the Personal Data Processing Policy of the Contractor, the current version of which is posted on the website https://ruswan.ru/.
7.3. The consent to the processing of personal data may be revoked by the Customer in case of violation by the Contractor of the established rules for the processing of personal data and in other cases provided for by the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data" and the Personal Data Processing Policy of the Contractor by submitting to the Contractor a written statement of the Customer indicating the reasoned reasons for its withdrawal. to the ruswan.school@gmail.com email address.

8.Term of the Agreement, procedure for its termination

8.1.  The Contract is considered concluded and comes into force from the date of acceptance by the Customer of the Contractor's offer
8.2. The Agreement is valid until the Parties fully fulfill their obligations.
8.3. The terms and conditions of this Agreement may be changed by agreement of the Parties or in accordance with the legislation of the Russian Federation.
8.4. The Contract may be terminated by agreement of the Parties.
8.5. The Contract may be terminated unilaterally at the initiative of the Contractor in the following cases:
8.6. application of deductions to the Customer as a disciplinary measure;
8.7. non-fulfillment by the Customer of obligations to conscientiously master the Program and fulfill the educational and (or) individual curriculum;
8.8. establishing a violation of the procedure for admission to the organization carrying out the training, which caused its illegal enrollment through the fault of the Customer.
8.9. if the proper fulfillment of the obligation to provide educational services has become impossible due to the actions (inaction) of the Customer.
8.10. if the Student is expelled at the initiative of the Contractor, the Contractor shall send a unilateral notice of termination of the Agreement to the Student indicating the reason (reason) for termination, details of the order of expulsion, at the address (es) specified when registering for the educational program.
8.11. The Agreement shall be terminated early due to circumstances beyond the control of the Customer and the Contractor, including in case of liquidation of the Contractor.
8.12. The Agreement shall be terminated on the basis of the Contractor's order on the Customer's expulsion from the online school. The rights and obligations of the Customer under the Contract shall terminate from the date of its expulsion.
8.13. The Contractor has the right to refuse to fulfill its obligations under the Contract provided that the Customer is fully compensated for losses.
8.14. The Customer shall be entitled to refuse to perform the Contract provided that the Contractor is paid for the actual expenses incurred by the Contractor in connection with the performance of obligations under the Agreement.
8.15. In the case specified in clause 4.2.5. of the Agreement, the Contractor shall deduct the Customer from the date of receipt by the Contractor from the Customer of the application for deduction or, if the Customer has indicated the desired date of termination of training under the Program in the application for deduction, from the date specified by the Customer in the corresponding notification.

9.Intellectual property. Miscellaneous

9.1. The Customer acknowledges and agrees that the exclusive rights to text, audio, photo, video, audiovisual and other materials developed by the Contractor as part of the performance of the Services belong to the Contractor in full. As a result of the provision of access to the materials and the provision of the Services, no exclusive rights to the materials are transferred to the Customer. All materials are distributed under a non-exclusive license. The fee for granting a non-exclusive license is included in the consultation fee.
9.2. The Customer shall not copy, modify, modify, delete, supplement, publish (including uploading to the Internet), reproduce, distribute, publicly display, publicly perform, in any form transfer or resell the materials referred to in the preceding paragraph, create derivative works, manufacture or sell products based thereon, use in commercial activities or in any other manner without the permission of the Tutor, except as expressly permitted by applicable law and the terms of this Agreement.
9.3. Cases of unacceptable and illegal use of the Contractor's materials also include downloading and/or reposting video tutorials; downloading of materials not provided for by the functionality of Internet resources used within the Services; collective acquisition and/or use of consultations by several persons under the guise of one Customer; providing the Customer with a login and password from the specified Internet resources, as well as the VKontakte social network to third parties.
9.4. The provisions of this Section shall remain in force after termination and/or any termination of the Agreement, including after the Parties have fulfilled other obligations hereunder.

10.Liability of the parties

10.1.In case of non-fulfillment or improper fulfillment by the Parties of their obligations hereunder, they shall bear the liability provided for by the legislation of the Russian Federation, including the Civil Code of the Russian Federation, federal laws, the Law of the Russian Federation dated 07.02.1992 No. 2300-1 "On Protection of Consumer Rights," the Rules for the Provision of Paid Educational Services approved by the Government of the Russian Federation, other regulatory legal acts and the Agreement.
10.2. If a shortage of paid educational services is detected, including the provision of them not in full, provided for by the Program, the Customer has the right, at its option, to demand:
а) gratuitous provision of educational services;
b) a commensurate reduction in the cost of paid educational services provided;
c) reimbursement of expenses incurred by him to eliminate the shortcomings of paid educational services provided by himself or third parties.
10.3 The Customer is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Russian Federation of the information provided to the Contractor when filling out the registration form.    
10.4.The Contractor is not responsible for the Customer's non-receipt of the service due to the unsatisfactory quality of communication channels, communication lines, malfunction of the Customer's equipment, and the payment made in this case is not refunded and is not transferred to other educational services.
10.5. For violation of the requirements stipulated by Section 9 hereof, the Customer shall reimburse the Contractor for all losses caused by illegal use of the Contractor's intellectual property objects, and also pay a penalty in the amount of 100,000 (One hundred thousand) rubles to the Contractor. Payment of the said penalty shall not release the Customer from performance of other obligations hereunder.
10.6.The contractor provides services "as is." The Contractor shall not be liable for non-compliance of the provided Service with the Customer's expectations and/or for its subjective assessment, such non-compliance with expectations and/or negative subjective assessment are not grounds for considering the Services to be rendered poorly or not to the agreed extent.

11.  Miscellaneous

11.1.All messages, warnings, notifications, statements and other legally significant messages (hereinafter together - the message) of the Parties in the course of the Agreement execution shall be sent by the Parties in writing by e-mail to the e-mail addresses specified in Section 10 of the Contract (for the Contractor) and the registration form (for the Customer).
11.2.he e-mail shall be deemed received by the receiving Party on the day of successful sending of this message, provided that it is sent to the address specified in Section 12 of the Agreement (for the Contractor) and the registration form (for the Customer). Sending a message by e-mail is considered not to have taken place if the transmitting Party receives a message about the impossibility of delivery.
11.3.All disputes and disagreements arising in connection with the execution of the Agreement shall be resolved by the Parties out of court through negotiations, the period for consideration of the claim is 20 (twenty) working days. If the Parties fail to come to a mutual agreement through negotiations and (or) in the claim procedure, all disputes and disagreements are submitted to the court for consideration in the manner prescribed by the current procedural legislation of the Russian Federation.
11.4.In all other matters not provided for by the Agreement, the Parties shall be governed by the legislation of the Russian Federation.

12.  Address and details of the Contractor

Full Name
Stukovnin Aleksei Pavlovich
TIN/OGRNIP
771823173741/324774600567095
Email
ruswan.school@gmail.com
Telephone (WhatsApp)
+7-925-171-82-27
Skype
live:.cid.5630a0a1c56d70c7

1. Hereby and freely, by my will and in my own interest, I give specific, substantive, informed, conscious, unambiguous consent to Stukovnin A.P., TIN 771823173741 (hereinafter referred to as the Operator) for the processing of the following my personal data:

- Name, phone number, email address, cookie (s)

I Consent to the Use of Personal Data solely for the purpose of:

- providing the User with access to services, information and/or materials contained on the website;

- conducting marketing, statistical and other research based on anonymized data (Cookies) in order to improve the quality of the service provided.

2. The Operator has the right to carry out automated and non-automated processing of my personal data in the following ways: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer, blocking, deletion, destruction of personal data.

3. The period of processing and storage of personal data is carried out:

- until the Operator achieves the goals of personal data processing or within the information storage period

It is also terminated in case of:

- withdrawal by the personal data subject of consent to the processing of his/her personal data;

- detection of illegal processing of personal data;

- liquidation (reorganization).

4. In the event of a reason for termination of processing and storage of personal data, the Operator is obliged to terminate the processing of my personal data and destroy personal data within a period not exceeding thirty days from the date of occurrence of the reason for termination of processing of personal data.

5. I confirm that I am aware of the right to withdraw my Consent to the processing of personal data by drawing up a corresponding written document, which can be sent by me to the Operator by e-mail to the ruswan.school@gmail.com address.

6. I have been warned that in the event of my withdrawal of consent to the processing of personal data, the Operator has the right to continue processing personal data without my consent if there are grounds specified in paragraphs 2-11 of part 1 of Article 6 of the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data."

7. The current Policy regarding the processing of personal data by A.P. Stukovnin is available on https://ruswan.ru/policy