Agreement for Paid Service Provision (Offer Agreement)Nina Sergeyevna Kitasova, hereinafter referred to as the "Service Provider," offers to enter into this agreement (the "Offer") for the provision of services with any individual or legal entity through acceptance of this Offer.
Pursuant to Paragraph 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the "Civil Code"), upon acceptance of the terms set forth below and execution of acceptance, the individual or entity accepting this Offer becomes the "Client."
According to Paragraph 3 of Article 438 of the Civil Code, acceptance of this Offer is equivalent to entering into an agreement under the terms outlined in the Offer.
1. Terms and DefinitionsTo avoid ambiguity and other misunderstandings in the interpretation of this Agreement, the parties agree that the following terms will have the meanings defined below:
Offer – a proposal from the Service Provider addressed to an individual or legal entity to conclude a service agreement with the Service Provider under the terms contained in this Offer.
Acceptance of the Offer – the full and unconditional acceptance of the terms of this Agreement (Offer) by the Client and payment under this Agreement.
Service – refers to the provision of access to the digital product "Self-Programming Journal" in PDF format to the Client.
Client – an individual or legal entity, a visitor of the website, who accepts the terms of this Offer and intends to enter into a service agreement.
Website – www.omgnina.com.
Service Provider – the service provider, a self-employed individual, Nina Sergeyevna Kitasova, who is a party to this Agreement.
Terms not defined in Clause 1.1 of the Agreement may also be used in this Agreement. In such cases, the interpretation of such terms shall be determined in accordance with the text of the Agreement. If the Agreement lacks an unambiguous interpretation of a term, its meaning shall be interpreted as follows: first, by the legislation of the Russian Federation; second, by its meaning on the website www.omgnina.com; and third, by its generally accepted meaning on the Internet.
2. General ProvisionsWithin the framework of this offer, the Service Provider provides the Client with the opportunity to review the Service Provider's proposal to conclude a service agreement, enter into a service agreement with the Service Provider, and make a prepayment for a specific service.
The conclusion and termination of the service agreement are carried out in accordance with the Civil Code of the Russian Federation (Civil Code of the Russian Federation) and the Law of 07.02.1992 No. 2300-1 "On Consumer Protection."
The service agreement is considered concluded from the moment of full and unconditional acceptance of the terms of this agreement (offer) by the Client and making 100% payment under this agreement.
In accordance with Article 434 of the Civil Code of the Russian Federation, this offer is equivalent to a contract signed by the parties, has legal force, and is valid in electronic form.
To conclude the service agreement, it is sufficient to place an order on the website www.omgnina.com (hereinafter referred to as the "Website") and make payment.
The Client and the Service Provider guarantee that they have the necessary legal capacity and authority to enter into the service agreement.
The Service Provider has the right to unilaterally amend this offer, with changes taking effect 7 (seven) calendar days after the publication of the new offer on the website.
3. Subject of the Agreement3.1. The Service Provider agrees to provide the following services: granting the Client access to the digital product "Self-Programming Journal" in PDF format, and the Client agrees to accept and pay for these services.
3.2. The services provided include the following:
3.2.1. Granting access to the digital product "Self-Programming Journal" in PDF format, which includes:
- Ready-made templates for daily practice.
- A step-by-step guide on how to use the "Self-Programming Journal" methodology.
3.2.2. Consultation support:
- Access to a private Telegram support chat where clients can get answers to their questions.
3.2.3. Conditions:
- The "Self-Programming Journal" is provided in electronic format and is non-refundable after receipt.
- All materials are for personal use only and are prohibited from being distributed to third parties.
3.3. The services are provided online by the Service Provider on the website www.omgnina.com.
3.4. The services must be provided within: 1 (one) business day after payment confirmation by the Client.
3.5. By providing their phone number and email to the Service Provider, the Client consents to their use for the purpose of fulfilling this agreement.
3.6. The Service Provider guarantees that the services provided under the service agreement comply with the requirements of the legislation of the Russian Federation.
3.7. The Client agrees to the terms of the service agreement as outlined in this offer.
4. Rights and Obligations of the Parties to the Agreement4.1. The Service Provider agrees to:
4.1.1. Provide the services stipulated in this agreement personally.
4.1.2. Provide services of adequate quality.
4.1.3. Provide the full scope of services within the timeframe specified in clause 3.4 of this agreement.
4.2. The Service Provider has the right to receive clarifications from the Client on any questions arising during the provision of services and any additional information necessary to fulfill their obligations under this agreement.
4.3. The Client agrees to:
4.3.1. Provide the Service Provider with all documents and necessary information to enable the Service Provider to fulfill their obligations under this agreement.
4.3.2. Accept the provided services.
4.3.3. Pay for the provided services on time, in accordance with the procedure set forth in Section 5 of this agreement.
4.3.4. The Client agrees to register on the Service Provider’s website after full payment under this agreement.
4.3.5. Not to transfer to third parties the data provided by the Service Provider for accessing materials, and in case of any concerns about their security, immediately notify the Service Provider by sending a notification to their email.
4.4. The Client has the right to:
4.4.1. Receive oral and written explanations from the Service Provider on issues arising during the fulfillment of obligations under this agreement.
4.4.3. The Service Provider does not guarantee the results of the provided services. All decisions are made by the Client independently, who bears full responsibility for the consequences. The results depend on individual factors, including the perception of information, the implementation of recommendations, and the Client’s area of activity.
5. Payment for Services and Settlement Procedure5.1. The cost of the services provided under the service agreement is 6,164.48 rubles (six thousand one hundred sixty-four rubles and forty-eight kopecks) / 69 USD (sixty-nine US dollars).
5.2. Payment for services under the service agreement is made by the Customer in 100% (one hundred percent) advance payment, by transferring funds to the Contractor through applicable non-cash payment methods in accordance with Article 16.1, Clause 3 of the Law of February 7, 1992, No. 2300-1 "On Protection of Consumer Rights" and Federal Law No. 161-FZ of June 27, 2011, "On the National Payment System."
5.3. The Customer's obligation to pay for the services is considered fulfilled from the date the funds are credited to the Contractor's bank account.
5.4. In case of non-performance due to the Customer's fault, the services must be paid for in full.
5.5. If non-performance occurs due to circumstances beyond the control of either Party, the Customer shall reimburse the Contractor for any actual expenses incurred.
6. Liability6.1. The Contractor is responsible for the timely provision of services, provided that the Customer complies with the requirements and rules established in this offer.
6.2. The Parties are released from liability for partial or full non-performance of their obligations under this offer if the non-performance is due to force majeure circumstances that arose after the conclusion of this agreement as a result of extraordinary events that the Party could not foresee or prevent by reasonable measures. Force majeure circumstances are events that the Party cannot influence and for which it is not liable.
6.3. The Contractor is not responsible for the discrepancy between the provided service and the Customer's expectations and/or their subjective evaluation.
6.4. The Contractor is not responsible for the quality of public communication channels or services that provide the Customer access to their services.
6.5. The Contractor is not responsible for the accuracy of the information provided by the Customer for the fulfillment of the obligations under the agreement.
6.6. Discrepancies with expectations and/or negative subjective evaluations are not grounds for considering the services to be of poor quality or not provided in the agreed scope. Opinions of third parties, which differ from the opinion of the Contractor (its employees and/or partners), are also not grounds for such claims.
6.7. If the Customer, for reasons not attributable to the Contractor, did not use the Services and failed to notify the Contractor of their wish to refuse the Services in accordance with the procedure established in this Offer, the Services are considered to have been provided.
6.8. The Contractor is not responsible for technical failures of the website. The Contractor makes all reasonable efforts to prevent failures and malfunctions on the Website but does not guarantee its uninterrupted operation and is not obligated to notify the Customer of interruptions.
6.9. The Contractor does not guarantee the results of the services provided. All decisions are made by the Customer independently, who assumes full responsibility for the consequences. The results depend on individual factors, including the perception of information, adherence to recommendations, and the Customer's area of activity.
6.10. The service is considered to be provided at the moment of granting access to the "Self-Programming Journal," regardless of whether the Customer has started using the provided materials.
7. Procedure for Handling Disputes and Claims7.1. Claims from the Customer are accepted by the Contractor for consideration via email within 10 (ten) days from the occurrence of the disputed situation.
7.2. Disputes and disagreements that may arise during the execution of this offer will, if possible, be resolved through negotiations between the Customer and the Owner of the aggregator.
7.3. If no agreement is reached, disputes will be resolved in court in accordance with the current legislation of the Russian Federation.
8. Processing of Personal Data8.1. The processing of personal data in this offer refers to the collection, systematization, accumulation, storage, use, clarification (updating, modification), blocking, and destruction of the Customer’s personal data for the purpose of providing services.
8.2. The parties undertake to fully comply with the requirements of the Personal Data Law and the regulations issued in its implementation when processing the personal data of clients. The purpose of processing personal data in all cases is the execution of the Agreement. The retention periods of personal data are determined by the legislation of the Russian Federation.
8.3. Personal data processing is carried out by the Contractor in an automated manner.
8.4. Only employees who are authorized to work with the Customer's personal data and have signed a non-disclosure agreement regarding personal data have access to the processing of the Customer's personal data.
8.5. By accepting this offer, the Customer consents to the processing of their personal data, namely:
8.5.1. Regarding individuals:
- Last name, first name, patronymic;
- Email address;
- Phone numbers.
9. Confidentiality9.1. The parties agree to maintain confidentiality regarding any information obtained by one party from the other during the execution of this agreement.
9.2. The confidentiality regime applies to any other information that either party identifies as confidential before or immediately after it is provided to the other party.
9.3. The information recognized as confidential under this agreement does not include information that is publicly available in accordance with Russian law.
9.4. The confidentiality obligations remain in effect for 3 (three) years after the expiration or termination of the paid services agreement.
9.5. In the event of a breach of confidentiality, the party responsible for the breach must compensate the other party for the direct losses incurred due to the violation.
10. Conclusion, Amendment, and Termination of the Agreement10.1. This agreement is considered concluded from the moment the payment made by the Customer for the services ordered is credited to the Contractor's bank account, as well as from the moment the application form, containing the Customer's personal data necessary for providing the services, is completed on the Website.
10.2. The agreement can be terminated early by mutual consent of the parties or unilaterally in cases provided by the legislation of the Russian Federation.
10.3. The parties have the right to terminate the agreement by mutual consent at any time before the actual performance of the agreement.
Contractor’s DetailsContractor: KITASOVA NINA SERGEEVNA
Taxpayer Identification Number (TIN): 550717390215
Tax Registration Reason Code (KPP): 771301001
Bank: AO "TBank"
Account Number (R/s): 40817810400002134232
Bank Identification Code (BIC): 044525974
Correspondent Account (K/s): 30101810145250000974
Email: info@omgnina.com
Phone: +79131560264