8. COST OF SERVICES. SETTLEMENT PROCEDURE
8.1 The cost of the Services is determined by the Executor unilaterally and is indicated on the page (website) of the corresponding Service sale and can be changed by the Executor at any time without prior agreement with the Customer. The cost of the Services is set in rubles of the Russian Federation. The new cost comes into effect from the moment of publication and does not apply to the services paid by the time of publication.
8.2 Payment for the selected Service shall be made by the Customer by crediting funds by way of prepayment to the Executor's settlement account in the amount of 100% of the cost, unless otherwise specified on the page (website) of the sale of the relevant Service.
Payment of the tuition fee is possible in the following ways:
⮚ Payment of the tuition fee is possible by non-cash transfer to the Executor's settlement account through receipt by the Customer of the link/invoice for payment to the Customer's e-mail.
⮚ Payment of the tuition fee is possible by a partner bank or other bank or credit organization on the basis of the agreement concluded with the Customer:
- The Customer has the right to receive an installment plan for up to 12 months for the full amount of the contract from partner banks.
- The Customer has the right to obtain a loan for a period of 3 to 24 months for the full amount of the contract from partner banks.
⮚ The Contractor has the right to offer installment payments for its services, indicating the terms and amounts of payments sent through the student's personal account https://cabinet.onlinerad.ru/. In case of delay in making the next installment payment, the Executor has the right to suspend access to the provided online training (course) until the next installment payment is made by the Customer. Making the first installment payment means the Customer's agreement (acceptance) with all the proposed installment terms.
8.3 Settlement between the Parties shall be made in Russian rubles in non-cash form by transferring funds to the current account of the Executor, specified in the invoice sent to the Customer according to his order, or in any other way convenient to the Customer from the possibilities provided by the Executor (by the ways specified by the Executor on the website of the Service sale).
8.4 The moment of payment is considered to be the receipt of funds to the Executor's settlement account.
8.5 The Customer has the right to refuse the Offer and apply for a refund of funds paid for the training course. In this case, the return of funds is carried out according to the rules established in Section 8 of this Offer
8.6 If the application for termination of this Offer (refusal to fulfill the terms of the Offer) and the return of funds received by the Contractor before the start of the course, the return is made in full minus the actual costs incurred, namely, commissions of banking, credit organizations and relevant payment systems for the transfer of funds.
Payment for the introductory period and payment for fixing the price (the amount of discount on the course price) are not subject to refund.
8.7 The refund is made after deduction of the actual costs of the Contractor at the time of receipt of the application from the Customer for refund. The actual costs of the Contractor include the expenses incurred at the time of receipt of the application for refund, in particular:
8.7.1. the cost of training materials and webinars conducted (provided) at the time of receipt of the application for refund;
8.7.2. expenses for the software used by the Contractor in the course of training or payment for services of third parties,
8.7.3. commissions of banking, credit organizations and relevant payment systems for the return of funds,
8.7.4. salaries of the Contractor's employees participating in the training program;
8.7.5. expenses for the software used by the Contractor in the course of training or payment for services of third parties, as well as the cost of bonus materials provided to the Customer;
8.7.6. expenses that may be incurred by the Executor in the process of fulfillment of the conditions of marketing campaigns.
8.8 The specific amount of actual costs for each case is determined by the Contractor according to the following formula:
Z = X1 - (Y * R2),
where Z - The amount of refund paid by the Customer for the selected service (calculated as of the date of receipt of the application by the Executor);
X1 - Cost of the Service actually paid by the Customer;
Y - Cost of training for one week (calculated without taking into account any discounts granted to the Customer at the time of payment for the Services).
Y = X/ R1, where X is the Online Course Fee and R1 is the number of open training weeks for the selected service;
R2 - the number of training weeks on the online course program, access to which is provided to the Customer by the Executor, at the time of receipt of the application for refund from the Customer, regardless of the actual completion (opening) of training by the Customer.
Moreover, the expression (Y * R2) cannot be less than 5000 rubles.
8.9 In the event that the Customer deliberately (without good reason) did not use the materials provided, did not participate without good reason, confirmed by documentation, on webinars organized by the Contractor, the funds paid for the selected service shall not be returned to the Customer, due to dishonest actions of the Customer or circumstances beyond the control of the Contractor.
8.10. Refund of funds paid under this Offer, before the start of the course of the Contractor, is made with the retention by the Contractor of a sum of money in the amount of 5 000 (Five thousand) rubles, which is the actual costs incurred by the Contractor to attract potential buyers of the Services.
8.11. All applications for refund are accepted only in writing in the established form "application for refund". The Contractor shall send the prescribed application form upon the Customer's written request for its provision, sent by the Customer via the Customer's personal account at https://cabinet.onlinerad.ru/.
The Customer shall print out the refund application form received from the Contractor, fill it in by hand, sign it, scan and send the document via the student's personal profile https://cabinet.onlinerad.ru/ in PDF or JPEG format.
8.12. Mandatory points of the application for a refund include
- the name of the addressee and the applicant's details;
- amount paid for the Services
- the reasons for refusing the Contractor's Services
- details for money transfer
- appendices
- date, signature and transcript.
If the Services were paid by a legal entity, the application must be signed by an authorized representative, and the application for refund must be accompanied by a copy of the document confirming his powers (order of appointment, copy of the power of attorney, etc.).
8.13. The application for refund must be accompanied by a copy of the applicant's identity document, a scanned copy of the payment document evidencing the payment in PDF or JPEG format.
8.14. In case of receipt of the application for refund of the paid amounts, the Contractor shall consider it taking into account the following rules:
8.14.1. if there are any claims to the scope and quality of the provided Services, the Executor considers the application for refund in the order of claims if there is written evidence that the corresponding service included in the purchased package of services was not rendered (rendered improperly) due to the fault of the Executor. In case of establishing the fact of non-provision of services (provision of services of inadequate quality) for the corresponding option of purchased services, the Executor shall make a refund minus the actual costs of the Executor, determined at the time of refund according to the rules of this Offer.
8.14.2. if the application for a refund is not due to any culpable actions on the part of the Contractor, it is subject to partial satisfaction: the refund is made minus the actual costs incurred by the Contractor associated with the performance of obligations under this Offer and to third parties involved in the organization and conduct of the training program, taking into account the provisions of paragraph 4.8 and paragraph 8.5 of this Offer.
8.15. The decision on refund is made by the Contractor within 10 (ten) working days from the date of receipt of the relevant application of the Customer.
8.16. The Customer is recommended to use a bank card issued in his name. If it is necessary to make a refund of the paid money, the refund can be made only to the same details, by which the payment was received, and only on the basis of a written application of the person in whose name the bank card was issued, from which the payment for the Services was made.
8.17. If the Customer and the User are not the same person, the application for the refund can be submitted only by the Customer of the Services.
8.18. The funds shall be refunded to the Customer's account from which the payment was made within 10 (ten) calendar days after the decision on the refund has been made.
If the Services were paid by a legal entity or an individual entrepreneur, the Contractor shall pay the refund amount within 14 (fourteen) working days after the decision on the refund has been made.
8.19. If the Customer has paid for the Services at the expense of borrowed funds of the Partner Bank, the Executor shall refund to the Customer only the cost of the Services and shall not reimburse the interest and expenses incurred by the Customer in concluding the agreement with the Partner Bank.
The refund is not a reason for the Customer to terminate the loan agreement concluded with the Bank-Partner.
8.20. In case the Contractor has already finished rendering the Services, the refund to the Customer is not carried out.
8.21. Access to the materials placed in the Customer's personal cabinet on the online platform used by the Executor is terminated after the Executor agrees the Customer's application for refund.
9. RESPONSIBILITY OF THE PARTIES
9.1 The Parties shall be liable for breach of obligations provided by this Offer in accordance with the current legislation of the Russian Federation.
9.2 The Contractor shall not be liable in case of:
9.2.1. improper provision of the Services, if improper performance was a result of unreliability, insufficiency or untimeliness of information provided by the Customer, as well as due to other violations (any other violation) of the terms of this Offer from the Customer's side;
9.2.2. non-compliance of the provided service with the Customer's expectations, for his subjective assessment, such non-compliance with expectations and/or negative subjective assessment shall not be grounds to consider the services rendered poorly or not in the agreed amount.
9.2.3. provision by the Customer of false, unreliable information, including unreliable and/or incomplete information about himself/herself during order placement or contact information (e-mail, phone number, etc.), as well as in case the Customer fails to provide new contact information (e-mail, phone number) in case of their change.
9.2.4. impossibility to render services to the Customer for reasons beyond the control of the Executor, namely: Internet, equipment or software malfunctions on the Customer's side, failures in the operation of email distribution services, including when the Executor's letters get into the "Spam" folder. In this case the services are considered to be rendered properly and are subject to payment in full.
9.3 No information, materials and / or consultations provided by the Contractor in the framework of rendering services under this Offer, can not be considered as a guarantee of achieving the result, as it depends entirely on the actions of the Customer, his personal qualities, quality and speed of mastering / implementation of knowledge and materials received from the Contractor. Decision-making on the basis of all information provided by the Contractor is in the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor in the performance of its obligations under this Offer.
9.4 In case of non-receipt by the Customer of the purchased Services through no fault of the Executor or suspension of the Customer from participation in the training in connection with the violation by the latter of the terms of this Offer the funds paid by the Customer are not returned.
9.5 If the Customer (Pupil), for reasons beyond the control of the Executor, did not use the Services and did not notify the Executor of his desire to refuse the Services in the manner provided by this Offer, the Services are considered to be provided in the prescribed amount.
9.6 Provision of access to training on the educational platform during the period agreed in this Agreement is a proper fulfillment of this Agreement in full by the Contractor. The Customer's failure to use all the provided handouts shall not be the basis for reduction of the cost under this Offer.
10. FORCE MAJOR
10.1. The Parties shall be released from liability for partial or total failure to fulfill obligations under this Offer if such failure was due to the occurrence, effect and consequences of force majeure circumstances that arose after the acceptance of this Public Offer and to which the Parties refer: flood, fire, earthquake, explosion, storm, land subsidence, epidemics and other phenomena of nature, as well as war or hostilities, power outages, Internet outages and other circumstances that have arisen beyond the will of the Parties and which prevent the fulfillment of the terms of this Offer.
10.2 The Party shall notify the other Party of the force majeure no later than one day from the date of their occurrence or from the date when it became possible to carry out such notification, by notification by means of electronic or telephone communication.
10.3 After the termination (elimination) of force majeure, the Contractor may provide the Client with access to the electronic version of the training (mp3 or video recording) on the Internet or a link to download it, or postpone the training to another date. In this case, the Contractor will be considered to have fulfilled its obligations under this Offer in a proper manner.
11. COPYRIGHT PROTECTION
11.1 The Site, from which the sale of the Contractor's Services or direct provision of such Services, contains the results of intellectual activity belonging to the Contractor, its affiliates and other related Parties, representatives, all other persons acting on behalf of the Contractor.
11.2 By using the Contractor's Website, the Customer acknowledges and agrees that all content of the Website(s) and the structure of its content are protected by copyright, trademark and other intellectual property rights, and that said rights are valid and protected in all forms, in all media and in respect of all technologies, whether now existing or subsequently developed or created. No rights to any content of the Contractor's website, including, but not limited to, audiovisual works, text and graphic materials, computer programs, trademarks are transferred to the Customer as a result of using the website and entering into this Agreement.
11.3 When quoting the materials of the Contractor's website, the Customer undertakes to indicate a link to such website.
11.4 If the Customer violates the provisions of this Offer concerning the protection of the Contractor's copyrights, as well as if the Customer has placed (transferred) or facilitated the transfer of the entire WUA or its parts, as well as the results of intellectual activity of other authors, whose works are included in the Services, to the sites illegally offering copyright products without the consent of the authors or other right holders, the Customer shall be subject to a fine of 500,000 (Five hundred thousand) rubles, as well as compensation for all losses incurred, including lost profits.
12. TRANSFER OF THE EXCLUSIVE RIGHT TO REED - DESIGN PROJECT
12.1 Within the framework of the courses (online training), as well as within the framework of other marketing and competitive activities of the Contractor, the Customer creates a design project (a result of intellectual activity).
12.2 The Customer transfers to the Executor the exclusive rights to the design project, whereby the Customer transfers the design project to the Executor through the use of a personal account on the educational platform https://cabinet.onlinerad.ru/ or e-mail mail@onlinerad.ru and, by accepting this Offer, provides the Executor with the exclusive rights to the design project in full in accordance with the terms of the Offer.
12.3 Customer's Guarantees:
12.3.1 The Customer warrants that it has the exclusive rights to the design project transferred to the Contractor and the necessary legal capacity to transfer the exclusive rights to the design project in full.
12.3.2 The Customer guarantees that the design project is created by the Customer's personal creative labor, without involving third parties, without infringement of third party rights, illegal borrowing and plagiarism.
12.3.3 The Customer guarantees that he is the sole owner of the exclusive rights to the design project and will not transfer the exclusive rights to third parties.
12.4. All alienable exclusive rights to the design project as a whole, created by the Customer in the framework of the performance of the competition task or homework within the framework of training on the online course of the Executor, as well as to the components, elements of such design project belong to the Executor.
12.5 Confirmation of acceptance of the terms of this section of the Offer is recognized as the fact of giving the Customer's (right holder) Consent to the transfer of exclusive rights to the design project by checking the box (checkbox) "I consent to the transfer of exclusive rights to the design project".
12.6 The Client has the right to use the design project for demonstration to his potential clients as samples of his works, including by posting on his official website, with the obligatory mentioning of the Contractor's name as the right holder.
12.7 The Contractor at his own discretion may reproduce, distribute, publicize, process the design project, as well as use the design project in any way not contrary to the law, only under the condition of obligatory mentioning the name of the Client or his pseudonym.
12.8 The territory of the exclusive right alienated in favor of the Contractor is not limited (the whole world).
12.9. The term of validity of the complex of exclusive rights transferred by the Customer to the Contractor under the terms of this Offer is equal to the entire term of validity of these rights, in accordance with the legislation of the Russian Federation.
12.10. The transfer of exclusive rights to the design project is gratuitous.
12.11. The design project is a set of documents that contains information about conceptual, coloristic features of artistic design of the future interior in a specifically designated room, building, construction, recommended items of furniture, lighting equipment, plumbing fixtures, finishing materials and interior decor elements, and may also include a set of working documentation and other documents and materials.
The composition of the design project may include:
✔️ Measurement plan
✔️ Collages, visualizations, sketches, sketches and other materials, visually demonstrating the artistic design of the future interior.
✔️ Plan of partitions to be erected with marking of window and door openings
✔️ Plan after remodeling
✔️ Furniture layout plan
✔️ Plan with furniture dimensions and description
✔️ Plan of lighting fixtures placement, binding of lighting outlets
✔️ Plan of switches with indication of switching on of groups of luminaires
✔️ Plan of electrical outlets with reference of dimensions
✔️ Ceiling plan with indication of type of used materials
✔️ Floor plan with indication of the type of floor coverings. ✔️ Floor plan with indication of the type of floor coverings,
✔️ Plan of finishing materials on walls
✔️ Sanitary equipment layout plan
✔️ Heating and ventilation system layout plan
✔️ Wall drawings for each room with markings.
✔️ Diagrams of custom furniture, built-in furniture
✔️ Various specifications
✔️ Other documents depending on the complexity and scope of work, as well as the wishes of the end customer.
12.12. Appendix No. 1 "Consent to the transfer of exclusive rights to the design project".