Legal Agreements

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PUBLIC OFFER AGREEMENT ON PROVISION OF SERVICES (PUBLIC OFFER)

1. GENERAL STATEMENTS

1.1. This document is a Public Offer of the Company ESPER CONTROLS LIMITED – a legal entity registered in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland (Registration No. 08326177), hereinafter referred to as the “Contractor” and contains all the essential conditions for the provision of information and consulting services.

1.2. Public Offer is an official document and is published on the Contractor’s website at the following address: www.grabovoi.education/legal-agreements

1.3. In case of acceptance of the stated below conditions and payment services, a legal entity or an individual conducting the acceptance of this Offer becomes a Customer, and the Contractor and the Customer become jointly the Parties of the Contract.

1.4. The Offer Agreement does not require to be sealed and signed by the Customer, herewith maintaining in full force and effect.

1.5. In connection therewith, read the text of the present Offer, and if you do not agree with its terms and rules, the Contractor would propose you to withdraw from signing the Offer Agreement and from the use of the Contractor’s services.
 

2. TERMS AND DEFINITIONS

2.1. For the purposes of the present Offer hereof, the following terms shall have the following meaning:

• «Offer» — this document is a Public Offer for providing information and consulting services.
• «Offer Acceptance» — a complete and irrevocable Offer acceptance by performing the actions outlined in Clause 4 of this Offer. The Offer Acceptance implies the Offer Agreement.
• «Customer» — the person, who has accepted the Offer, which thus becomes the Customer for the Services of the Contractor according to the signed Agreement.
• «Offer Agreement» — the Contract between the Contractor and the Customer for the provision of Services, that is concluded with the Offer Acceptance.
• «Information and consulting services» — a set of services provided by the Contractor to the Customer in accordance with the Agreement, which does not require obtaining a license by the Contractor for educational activity and is not accompanied by the issuance of the document on education (one-time lectures, seminars, consultations, teaching special courses, advanced study of subjects, tutoring, etc.).
• «Site» — means the Internet website: www.grabovoi.education beneficially owned by the Company ESPER CONTROLS LIMITED.
• «Tariff plan» — is a form of a commercial proposal, which specifies the list of the Contractor’s possible services.

2.2. In this Offer can be used the terms not defined in the subclause 2.1. In this case such terms shall be interpreted in accordance with the text of the present Offer. In the absence of the unambiguous interpretation of the term in the text of the Offer, it should be guided by the interpretation of the term: in the first place — on the Contractor’s website, and in the second place — by the established terms on the Internet.
 

3. SUBJECT OF THE OFFER AGREEMENT

3.1. In accordance with the terms of this Agreement, the Contractor agrees to provide information and consulting Services using modern information and educational technologies, distance learning systems via the Internet, and the Customer undertakes to pay for these Services in accordance with the terms of this Public Offer and service costs.

3.2. The Contractor provides the Services in the format of distant lectures and seminars, organized by means of the Internet technologies, using a variety of video- communication tools (the services for webinars, web conferencing, voice and video communication: ZOOM, GoToMeeting, Skype).

3.3. The themes of the distant lectures and seminars are specified in the Training Program from the Contractor, the cost of provided services is determined in accordance with the Tariff plans published on the website of the Contractor.

3.4. The Contractor is not entitled to prefer one person over another in respect of this Agreement, except as required by law and other legal acts.

3.5. The Contractor shall not establish any requirements and rules for the Customer acceptance: any Internet user can benefit from the Services of the Contractor.
 

4. OFFER ACCEPTANCE AND OFFER AGREEMENT

4.1. The Customer shall accept the Offer by advance payment for the Contractor’s Services in respect of which the Offer Agreement is signed. Acceptance of this Agreement by the Customer means that the Customer fully agrees with all provisions of this Agreement.

4.2. By acceptance of the Offer in the manner specified by the subclause 4.1 of the Contract, the Customer warrants that all the terms of the Contract in the form in which they are laid out have been read, agreed, fully and unconditionally accepted including the annexes to the Contract that are an integral part of this Contract.
 

5. TIME PERFORMANCE

5.1. Time performance for providing Services shall be agreed by the Parties in accordance with the Tariff plans published on the website of the Contractor.

5.2. Specific dates, time and the number of hours for the distant sessions shall be specified in the Schedule in accordance with the Training Program.
 

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The Contractor shall:
6.1.1. Organize and ensure proper delivery of Services in accordance with the Training Program, Schedule and the Offer Agreement.
6.1.2. Use all personal data and other confidential information about the Customer only to provide Services, not to transfer or to show to a third party the documents or information about the Customer.
6.1.3. Provide verbal consulting and in the written form on the additional questions of the Customer. The volume and time needed for consulting, as well as the consultation form shall be determined in each case by the Contractor solely.

6.2. The Contractor shall be entitled:
6.2.1. To determine unilaterally the cost of all Services and to modify the terms of this Agreement.
6.2.2. To determine independently the forms and methods of providing Services, based on legal requirements, technical capabilities, and specific Contract terms with the Customer preferences.
6.2.3. Use the services of any individuals and legal entities, to ensure the timely and quality execution of obligations under the Contract. To determine the group of specialists providing the Services and to distribute responsibilities between them in its sole discretion.
6.2.4. To demand payment for the provided or rendering Services.
6.2.5. To cancel providing services to the Customer in case of non-payment (incomplete payment) for the services in a timely manner, in case of a late application for the provision of services, and in violation of the rules of participation in the events.
6.2.6. To obtain from the Customer any information necessary for the performance of its obligations under the Contract. In case of the Customer non-submission or incomplete or incorrect providing of information, the Contractor may suspend the execution of its obligations to deliver the required information under the Contract.

6.3. The Customer shall undertake:
6.3.1. Timely and fully pay to the Contractor the cost of Services rendered in the order, time period and to the extent set forth herein the Contract.
6.3.2. To provide the Contractor with all information necessary to perform its obligations under this Agreement.
6.3.3. Not to disclose confidential information and other data provided by the Contractor in connection with the execution of this Agreement.

6.4. The Customer shall be entitled:
6.4.1. To require from the Contractor to supply information on the arrangements and providing proper provision of Services.
6.4.2. Require proper and timely delivery of Services by the Contractor.
6.4.3. To withdraw from the Contract execution provided that the payment to the Contractor had been made, and the latter carried out the expenditure on the provision of Services.
6.4.4. To contact the Contractor in all matters connected with the provision of Services.
 

7. COST OF SERVICES AND PAYMENT PROCEDURE

7.1. The cost of Services is determined by the Contractor in accordance with the Tariff plans and posted on the website: www.grabovoi.education

7.2. The cost of Services is indicated inclusive of all necessary taxes and expenses of the Contractor under the provision of Services. The Contractor shall be entitled to change unilaterally the cost of Services.

7.3. The Payment for Services under this Agreement shall be made on the basis of 100% prepayment and in the manner specified hereunder.

7.4. The Customer is solely responsible for the accuracy of all payments. The moment of payment is considered to be the receipt of funds on the bank account of the Contractor.
 

8. RESPONSIBILITIES OF PARTIES

8.1. The Parties shall be liable for nonperformance or improper performance of their obligations under the Contract in accordance with current UK legislation.

8.2. The Contractor shall be responsible for the timely provision of services if the Customer fulfills the established Terms of use posted on the website: www.grabovoi.education/terms

8.3. The Сontractor shall not be liable for Customer’s failure to receive Services, as made in this case the payment is not refundable, and it is not transferred for other services in the following cases:
8.3.1. Specified by the Customer email address at the time of rendering services is unavailable.
8.3.2. The Customer may not receive paid services because of the occurrence of his/her technical or other problems.

8.4. The Contractor shall not be liable for the quality of public communication channels or services, providing access to the Customer to obtain its services.

8.5. The penalty under the Contract is paid only upon a reasonable written request of the Parties.

8.6. The penalty payment does not release the Parties from performing obligations under the Contract.
 

9. SPECIAL CONDITIONS AND SETTLEMENT OF DISPUTES

9.1. The present Public Offer Agreement has the force of the act on the provision of services. Acceptance is carried out without signing the relevant act. Services are considered to be rendered properly and in full, if within two days from the date of the service supply, the Customer has not made a claim.

9.2. The Customer Claims for the provided Services shall be accepted by the Contractor for consideration by e-mail within 2 working days from the moment of occurrence of a disputable situation.

9.3. The Contractor and the Customer, taking into account the nature of the service, shall undertake, in case of disputes and disagreements related to the provision of services, the pre-trial dispute resolution procedure.

9.4. The issues arising from interpretation and application of this Contract and not regulated by it, shall be regulated on the basis of current legislation of the United Kingdom of Great Britain and Northern Ireland. The parties shall make all reasonable efforts to resolve by negotiation any disputes arising out of this Agreement, in connection with it, or its breach, termination or validity.
 

10. FORCE MAJEURE

10.1. The parties are released from the responsibility for partial or full default of obligations under the Contract if the default was the result of action of force majeure, namely: fire, flood, earthquake, strike, war, acts of governmental authorities or others, beyond the circumstances of the Parties.

10.2. The Party which is unable to perform obligations under the Contract, shall promptly, but no later than 10 calendar days after the occurrence of force majeure, in writing, notify the other Party by providing supporting documents issued by the competent authorities.

10.3. The Parties acknowledge that the insolvency of the Parties is not force majeure.
 

11. CONCLUSION, AMMENDMENT, TERMINATION OF THE CONTRACT

11.1. The time of this Contract conclusion is considered to be the moment of payment receipt in to the account of the Contractor, subject to the receipt from the Customer shall be the return electronic address (Email) electronically posted on the website: www.grabovoi.education

11.2. The Customer enters the Offer Agreement voluntarily, herewith the Customer:
a) fully got acquainted with the terms of the Offer,
b) fully understands the subject of the Offer and the terms of the Offer Agreement,
c) fully understands the significance and consequences of the actions in relation to the conclusion and execution of the Offer Agreement.

11.3. The Customer has all rights and powers necessary for the conclusion and execution of the Offer Agreement.

11.4. The Customer is eligible at any time to cancel unilaterally the Services of the Contractor. In the case of the unilateral refusal of the Customer from the service, provided payment will not be refunded or transferred to another service.

11.5. The Contractor reserves the right to modify or Supplement any of the terms of this Agreement at any time, publishing all changes on its website. If the changes are unacceptable for the Customer, the Customer shall notify the Contractor within 7 days after posting the changes. If notification is not received, it is considered that the Customer continues to participate in contractual relations.

11.6. If any of the Offer conditions is deemed void or unlawful, or fails to become effective in accordance with applicable law, then it is removed from the proposal and replaced with a new provision that best meets the original intent contained in the Offer, the remaining provisions of the Offer (Offer Agreement) do not change and remain in force.

11.7. In all matters not regulated hereunder, the Parties shall be governed by the laws of the United Kingdom of Great Britain and Northern Ireland.
 

12. CONTRACTOR DETAILS

12.1. Legal address:
OFFICE 4, 219 KENSINGTON HIGH STREET, KENSINGTON, LONDON W8 6BD, UNITED KINGDOM
Phone: +44 20 3734 8970
Email: support@grabovoi.education