Darmenko Elena Vyacheslavovna, citizen of the Russian Federation, having a psychologist qualification, acting as a self-employed (self-employment tax payer), hereinafter referred to as the Contractor, on the one hand, publicly discloses this Offer Contract for the provision of Information services regarding psychological consulting and/or psychological education (information provision services) on the terms and conditions of a subscriber's contract (contract with execution on demand), which is an offer to third parties (hereinafter referred to as the Customer) - in accordance with Item 2 of Article 437 of the Civil Code of the Russian Federation (CC RF).
1. TERMS AND DEFINITIONS
1.1. "Offer" – the present offer, containing all the essential terms and conditions of the contract, from which it appears that the Contractor intends to conclude a contract with any person who would respond, on terms and conditions specified in this offer.
1.2. "Websites of the Contractor" - websites located at the addresses as follows:
And other official pages of the Contractor.
1.3. "Contractor's email address" - email: firstname.lastname@example.org, the correspondence on which the Parties accept as binding - all information is considered official and can be referenced.
1.4. "Customer's email address" - email, the correspondence on which the Parties accept as binding - all information shall be considered official and can be referenced.
1.5. "Offer Acceptance" – affirmative performance by the Customer specified in this Offer, indicating that this person has accepted the terms and conditions of the Offer in full.
1.6. "Customer" - an adult capable individual, an individual entrepreneur, or a legal entity who concluded the Contract with the Contractor by accepting this Offer and, thereby, gained the right to receive the Contractor's Services, while fully executing his obligations under the Contract.
1.7. "Contract" - means an Offer Contract for the provision of Information services regarding psychological consulting and psychological education ((information provision services) on the terms and conditions of a subscriber's contract (contract with execution on demand) concluded between the Contractor and the Customer as a result of the Customer's Acceptance of the Offer, giving the Contractor and the Customer the rights and obligations specified in this Offer. Any mention of the Contract (article of the Contract) in this Offer, and/or of its terms, means a corresponding reference to this Offer and/or its terms and conditions. The Contract shall be considered as concluded when the other Party has declared its acceptance. Any affirmative performance by the Customer in accordance with the terms and conditions of the Contract (agreement on the scope of services discussed through the correspondence by email and other means of communication, as well as through the audio and video communication, payment of the corresponding amount, etc.) shall be considered as acceptance, unless otherwise provided by law, other legal acts, or specified in the Offer.
1.8. "Parties" - jointly referred to as the Parties to the Contract - the Contractor and the Customer.
1.9. "Service" / "Services" – Contractor's activities related to the provision of information services (information provision services) Art. 779 of the CC RF on the terms and conditions of a subscriber's contract (contract with execution on demand) Art. 429.4.1 of the CC RF in the field of psychological consulting. These services shall mean the provision of a time-limited access to the interaction with the Contractor within the agreed number of sessions and period (one-time or a course of work), in the agreed form of consultations (offline or online consultations, individual, couples, family or group consultations), including in the form of correspondence, webinars, seminars, online broadcasts and presentations via the Internet in real time or in recording), regardless of whether the Customer has requested the corresponding performance from the Contractor, Art. 429.4.2 of the CC RF.
1.10. The terms and conditions of the Services chosen by the Customer shall become part of the Contract.
2. GENERAL PROVISIONS
2.1. This Offer shall define all the essential terms and conditions of the Contract between the Contractor and the Customer, including the procedure for the provision of Services by the Contractor.
2.2. The Offer, as well as all information regarding the Contractor's Services: costs, types and periods of the provision of Services, shall be published on the Contractor's Website. The period of the subscriber's contract for the provision of information services shall be calculated from the time of payment for the agreed period of access to information and interaction with the Contractor, which shall be confirmed by a receipt, and in the case of payment in installments - from the time the first receipt has been issued. At the time of receiving the payment and issuing the receipt, the service shall be considered as rendered, and at the end of the access period agreed by the Parties, the obligations of the Contractor under the Contract shall be considered as rendered in full, regardless of whether the Customer has or has not requested the corresponding performance from the Contractor during this period (Art. 429.4.2 of the CC RF). If the Customer had paid for the Service of the access to the information interaction, but, for any reason, failed to request the performance of services from the Contractor, delayed or missed the access periods to receive the information services, the Service shall be considered as rendered in full, and the Contract shall terminate. In exceptional cases, the Contractor shall reserve the right to extend the access period for an additional fee.
3. SUBJECT OF THE CONTRACT
3.1. The Contractor shall undertake to provide information services regarding psychological consulting and/or psychological education (information provision services) to the Customer on the terms and conditions of a subscriber's contract (contract with execution on demand) on the Customer's demand strictly within the agreed period (the period of access to information interaction with the Contractor in the agreed format).
3.2. The Customer shall undertake to pay for the Services on the terms and conditions, and in the order envisaged by this Contract.
4. PROCEDURE FOR CONCLUDING THE CONTRACT. METHODS OF PAYMENT FOR SERVICES
4.1. The proper unconditional Acceptance of this Offer in accordance with Article 438 of the Civil Code of the Russian Federation shall be the payment by the Customer for the Contractor's Services on the basis of the 100% prepayment for a course of sessions, one-time consultations, lectures, etc., which shall be considered as a deposit. In case of the Customer's refusal from the Service before or during the validity of the Contract, the deposit shall not be refunded.
4.2. The cost of the Services and methods of payment for the Services by the Customer, the description of additional options provided by the Contractor for the payment and provision of Services shall be discussed through correspondence by email or other means of communication. By paying and/or ordering the Services, the Customer shall express a full and unconditional agreement with the Offer's terms and conditions being in force at the time of payment, part of which shall be terms and conditions for the provision of Services.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Customer shall undertake as under:
5.1.1. To pay in full for the Services in the order of the 100% prepayment for the agreed number of sessions, lectures, etc. (unless the Parties have agreed on an installment plan), which shall be considered as a deposit until the commencement of their provision, while not being refunded in the event of the Customer's recession from the Contract;
5.1.2. To provide the Contractor with the information (including personal data) required for the Contractor in order to provide Services for the Customer within the time period specified by the Contractor, and to fulfill his other obligations (including consultations with other healthcare professionals, history of mental health diagnoses, and episodes from the life related to the topic of consultation), envisaged by the Contract and the current RF legislation; the provision of such information shall at the same time mean the consent to the processing of personal data;
5.1.3. To monitor any updates to the information posted on the Contractor's Website, and in the official profile pages in social media, including changes in the terms and conditions for the provision of Services, changes in this Contract and any other documents directly or indirectly related to the provision of the Service, or affecting them. The Customer shall be deprived of the right to refer to the lack of awareness of indicated changes;
5.1.4. Not to reproduce (copy), distribute, bring to the public, as well as not to use in any other way any results of intellectual activity which become available to the Customer in the process, or as a result of the provision of Services. Violation of this condition shall be punishable by law.
5.1.5. The Customer shall be entitled to receive the ordered Service, subject to its full prepayment for the entire period of access (subscription fee).
5.1.6. The Customer shall be entitled to demand of the Contractor the performance of the agreed services strictly within the period of access to information and interaction with the Contractor.
5.2. The Contractor shall be entitled as under:
5.2.1. Not to allow the receipt of Services by persons whose data, provided at the conclusion of the Contract, fail to coincide with the data of persons applying for the provision of Services immediately before the commencement, and in the process of the provision of Services;
5.2.2. To independently choose the form and circle of partners (including individuals, self-employed, individual entrepreneurs and legal entities) for the provision of Services, while taking into account the terms and conditions for the provision of Services, as well as technical platforms and facilities for this purpose;
5.2.3. To change, at any time, fully or partially, the description and the cost of the Services, taking into account the prior notification of the Customer, except for cases of a full prepayment for the agreed scope of services - in this case the cost shall be fixed and cannot be increased. Such changes and additions shall take effect immediately after the appropriate notification, which can be sent to the Customer in any form.
5.2.4. In case of a failure to execute the contract through the fault of the Customer, the Contractor shall be entitled to demand payment in full, Art. 781.2 of the CC RF.
6. SPECIAL TERMS AND LIABILITY OF THE PARTIES
6.1. The Customer shall fully indemnify against losses caused to the Contractor by violating the terms and conditions of the Contract. In case of delay in payment for services, a penalty of 3% of the current payment amount per day shall apply.
6.2. The Customer shall be liable for the completeness and accuracy of the information (including personal data) provided to the Contractor when ordering the Services. In case of changes in the information (including personal data) provided to the Contractor, the Customer shall notify the Contractor of the changes made within 10 (ten) calendar days from the date the relevant changes have come into force, but not later than 2 (two) days before the commencement of providing Services. The Customer shall independently and in full bear all the risks associated with the lack of the current information by the Contractor (including personal data).
6.3. The Parties shall be exempt from liability for the non-performance or improper performance of their obligations under the Contract if they prove that proper performance was impossible due to force majeure circumstances which the Parties could neither foresee nor avoid. In this case, the presence of force majeure circumstances shall extend the period of performing the obligations by the Parties under the Contract until the end of corresponding force majeure circumstances.
7. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES
7.1. The Customer's claim for the non-performance or improper performance by the Contractor of his obligations under the Contract shall be submitted in electronic writing by email. Enclosed to the claim shall be documents required for the claim consideration, containing information regarding the non-performance or improper performance by the Contractor of his obligations under the Contract.
7.2. If the claim was recognized by the Contractor as justified, the identified deficiencies shall be subject to elimination. Refusal to satisfy the claim shall be reasoned. The Customer may be offered options as under:
7.2.1. Receive the Service at another time;
7.2.2. Receive another Service of equal price;
7.2.3. Get a discount on the Services;
7.2.4. Refund of part of the money paid in the form of prepayment for the Services in respect of which the claim was accepted.
7.3. All disputes, directly or indirectly related to the Offer and the Contract concluded as a result of the Offer Acceptance, shall be resolved by the Parties through negotiations. If the resolution of the dispute through negotiations was not achieved, all disputes shall be subject to a consideration in court at the Contractor's location. Compliance with the pre-court dispute resolution by the Customer before going to court shall be mandatory.
8. STORAGE AND PROCESSING OF PERSONAL DATA
8.1. The Customer, under the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data", as a result of the Offer Acceptance, shall give the Contractor consent to the collection, storage and processing, including automated processing, of information related to personal data (hereinafter "Personal data") of the Customer or a third party, in whose interests the Customer concludes the Contract (last name, first name, patronymic, registration address, places of residence, contact telephone numbers, e-mail addresses, payment amounts) including collection, systematization, accumulation, storage, specification (updating, changing), use, distribution (including transfer), depersonalization, blocking, erasing of personal data. The processing of Personal Data shall be carried out for the purposes of the conclusion of a Contract with the Contractor on the basis of this Offer, or any other contracts and their further execution, the settlement of accounts with the Customer, making decisions or taking other actions that give rise to legal consequences in relation to the Customer or third parties, as well as for the purposes of providing the Customer with information regarding changes in terms and conditions for the provision of Services, the terms and conditions of the Offer, new products and services being developed and/or offered by the Contractor and/or his counterparties and partners. The Customer, upon Acceptance of the Offer, shall agree to receive promotional information.
8.2. The consent, given by the Customer in relation to the processing of personal data specified in Item 7.1. of the Offer, shall be given to the Contractor before the expiration of the storage time of the relevant information or documents containing the above information, determined in accordance with the legislation of the Russian Federation, after which it can be withdrawn by the Customer's sending a written notice to the Contractor at least 3 (three) months before the withdrawal of consent. Withdrawal of the consent to the processing of personal data shall automatically mean a unilateral refusal from the Customer's Services.
9. PERIOD OF VALIDITY OF THE CONTRACT. AMENDMENT AND TERMINATION PROCEDURE
9.1. The Contract shall enter into force from the time of the Acceptance of this Offer in the order prescribed by Item 4.1 of the Contract, and shall be valid during the period of the provision of the Services, agreed upon through the correspondence of the Parties.
10. OTHER TERMS AND CONDITIONS
10.1. All messages and proposals, as well as any other documents related to this Contract, with the exception of those specified in Item 8.1. of this Offer, may be sent to postal and e-mail addresses of the Parties, while being appropriate, provided they allow for the identification of the sender (for example, containing the name, e-mail address, contact details of such a person).
10.2. The Parties have agreed to apply the rules of a simple electronic signature to the signing of documents constituting the content of electronic correspondence, while considering as such a simple electronic signature the mailbox addresses indicated in the Contractor's particulars, and contained in the data concerning the Customer specified in the Service order, equating such simple electronic signatures to an equivalent handwritten signature of the Parties, and documents in electronic form - to equivalents of paper documents. The Parties shall undertake to keep the keys of their electronic signatures confidential.
11. CONTRACTOR'S DETAILS
Darmenko Elena Vyacheslavovna, a Russian citizen, date of birth: 12/11/1979. Passport: 4502 949456, issued by the Passport Office No. 1 of the Department of Internal Affairs of the Teply Stan district of the city of Moscow on 05/13/2002.