Public offer for the provision of paid educational services for a limited number of individuals Approved in Moscow on 01.11.24
Individual Entrepreneur Azambaeva Jamal Amangeldievna, Tax Identification Number 550409914866, Primary State Registration Number of the Individual Entrepreneur 321774600375142 (hereinafter referred to as "the Contractor"), by publishing this Offer, extends an invitation to individuals, legal entities, or individual entrepreneurs to enter into an Agreement for the provision of paid educational services (hereinafter referred to as "the Agreement")
This document constitutes a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation and is published on the Contractor's website at the following addresses:
https://jemiko.ru/, https://jemiko.ru/eng_pcm.
1. Terms and definitions 1.1. The following terms, definitions, and conditions shall apply to this Offer and the resulting or related relationships between the Parties:
1.1.1. Contractor - Azambaeva Jamal Amangeldievna, Tax Identification Number 550409914866, Primary State Registration Number of the Individual Entrepreneur 321774600375142.
1.1.2. Customer - an individual, legal entity, or individual entrepreneur who intends to become a Customer under this Agreement and unconditionally accepts the terms of this Offer.
1.1.3. Acceptance of the offer - the complete and unconditional acceptance of the terms of the offer by performing one or more of the following actions: submitting an application on the website and/or making payment in full or in part (including making a deposit or installment payments as agreed upon with the Contractor) for the cost of services in accordance with the applicable tariff. The date of acceptance shall be determined as follows: the date on which the funds are received in the Contractor's account or the date of application submission on the website, whichever occurs earlier. By accepting the offer, the Customer confirms that they have read and fully agreed to its terms.
1.1.4. Website - a collection of information, texts, graphic elements, designs, graphics, images, literary works (texts), audiovisual works (photographs and video materials), and other intellectual property contained within the information system that enables access to such information on the Internet. This website is owned by the Contractor and can be accessed at the following network addresses:
https://jemiko.ru/,
https://jemiko.ru/eng_pcm as well as all their subdomains, including their respective sections, pages, file structure, and any other structural components.
1.1.5. Application - a questionnaire completed by the Customer on the Contractor's website, providing personal data necessary for identification, as well as receiving course-related data and instructions upon registration and payment of the corresponding tariff.
1.1.6. Educational services (services) - the training of the Customer in the chosen course, the description and training conditions of which are published by the Contractor on the website.
1.1.7. Training - the process of providing services under the Agreement, organized by the Contractor, which includes providing the Customer with access to modules (sections and topics of the online course) on the educational platform and/or conducting online classes.
1.1.8. Training program (program) - an educational program implemented using distance learning technologies on the Contractor's platform.
1.1.9. The course "The Only Training You Need" is a is a comprehensive collection of sequentially organized information and educational materials centered around a specific topic. It aims to transfer knowledge from the Contractor to the Customer and encompasses the terms and subject matter determined by the applicable tariff. This course is created based on the Process Communication Model (PCM).
1.1.10. Teaching and methodological (educational, training) materials refer to a set of textual, audio, video materials, webinars, and other resources containing information pertaining to the course's topic, in accordance with the selected tariff and chosen services. The educational materials are the exclusive property of the Contractor, protected by intellectual property rights, and are safeguarded against unauthorized copying, distortion, or other illicit use as outlined in the contract and the current legislation of the Russian Federation on trade secrets.
1.1.11. The tariff constitutes an integral component of the contract, establishing the array of training services (course content) and educational and methodological materials. It also specifies the duration of service provision, the associated costs, and other essential conditions determined by the Contractor on the website.
1.1.12. The educational platform serves as the venue for service delivery, functioning as a repository for the Contractor's educational and methodological materials. Access to the platform is granted through a non-exclusive license (e.g., GetCourse platform, Telegram messenger, Zoom service, etc.). The Contractor retains the right to disseminate materials on any or multiple platforms.
1.1.13. Personal account denotes the Customer's individual section within the platform, accessible upon registration and/or authorization. The registration and authorization processes on the platform are carried out independently by the Customer. The Contractor does not transfer the Customer's (Student's) data for platform registration, nor does the Contractor participate in the Customer's registration and authorization procedures.
1.1.14. Access represents an integral component of the educational service, entitling the Customer to view, acquaint themselves with, and utilize the Contractor's educational and methodological materials on the Internet platform, in accordance with the selected tariff, under the terms of a non-exclusive license.
1.1.15. A webinar (online lesson, phone call, analysis) constitutes an integral part of the educational services, involving individual or series of lessons on a specific topic. These sessions are conducted using remote communication means (Internet) in the form of video conferences, video recordings, or electronically provided materials, in accordance with the terms outlined in the contract.
1.1.16. Homework encompasses various tasks assigned to the Customer during the learning process, including tasks assigned upon completion of the course (if included in the tariff and program). The Customer acknowledges that the tasks they complete may be publicly accessible to third parties.
1.1.17. Feedback is an essential aspect of the educational services, involving the review of homework, the provision of comments, and recommendations within the chosen tariff, utilizing online communication channels.
1.1.18. Chat is an integral part of the educational service, functioning as a dedicated chat group for course students on Telegram. Its primary purpose is to clarify course materials and provide group answers to any questions arising from students.
1.1.19. Additional services (bonuses) denote the supplementary services provided by the Contractor to the Customer during their course, based on the purchased tariff. These services may include access to the stream chat, access to educational and methodological materials upon course completion, and other services designated as bonuses on the website, among others.
1.1.20. Module refers to an independent and comprehensive collection of materials and services within the framework of the chosen tariff. Each module is dedicated to a specific topic and is designed to enhance specific skills for the Customer. It can be utilized separately from other modules in the Customer's training.
1.1.21. Care service comprises specialists appointed by the Contractor who provide detailed feedback services during the Customer's training. However, these specialists are not instructors for the course and solely perform technical functions.
1.1.22. Profiling entails a unique testing process in which the Customer participates as part of their training. The Customer receives the test results during the training period. It is important to note that the Customer can only undergo this testing once and retesting is not permitted.
All other terms specified in this Agreement shall be interpreted by the Parties in accordance with the legislation of the Russian Federation and the customary rules for interpreting relevant terms established on the Internet.
2.1. Subject of the AgreementThe subject of this agreement is the provision of paid educational services by the Contractor to the Customer within the selected course program via online software. The Customer agrees to pay for these services in accordance with the terms outlined in the offer.
2.2. The composition, description of the course tariffs, the complete list of tariffs, as well as other services provided by the Contractor, their cost, subject matter, content, and terms of provision, are available in the relevant section of the website (on the corresponding subdomain/page).
Service Delivery Terms3.1. Services under this agreement are provided within the specified terms outlined in the relevant sections (subdomains) of the website. The Customer retains access to the educational and methodological materials after the service provision period for a duration determined by the selected tariff.
3.2. The start date of the course is communicated by the Contractor on the website. The Contractor reserves the right to unilaterally change the course schedule, providing the Customer with a minimum of three days' notice.
Service Provision Procedure4.1. Services are exclusively provided through distance learning technologies via the Internet, utilizing the website, educational platform, and instant messengers.
4.2. The course schedule and program are published by the Contractor on the website and/or the training platform. The Customer is responsible for staying updated on the information through their personal account and the Contractor's website.
4.3. Upon full payment for the services by the Customer (payment methods and terms indicated in the relevant section of the website), the Contractor sends authentication data (login and password) and a hyperlink to the email address provided in the application. This grants the Customer access to a section of the website restricted from public access or a platform where they can access the educational and methodological materials of the course for the specified period outlined in the tariff description on the website. The service provision begins when the Customer submits the authentication data to the Contractor to access their personal account.
4.3.1. Access to educational materials and the commencement of educational services by the Contractor are possible only after the Customer makes a 100% prepayment based on the selected tariff.
4.4. The fulfillment of the obligation to provide access service is considered complete when the educational and methodological materials are posted on the website or platform, and access is granted to the Customer in accordance with the quantity and description provided on the site. The services are considered rendered in full upon payment and access provision, regardless of whether the Customer utilized the access or the specific timing of their usage, as these circumstances are independent of the Contractor.
4.5. If the selected tariff includes feedback from the Contractor, the Contractor is obligated to provide this communication with the Customer to the extent specified by the tariff upon the Customer's request. Feedback is considered the Customer's right to demand this service. If no request is made during the contract's validity period, the feedback service is deemed fully rendered. The date and time of the feedback session are agreed upon by the Contractor and the Customer after the Customer's request via email or instant messengers.
4.6. If the Contractor attempts to contact the Customer at the agreed-upon time and date, but the Customer is not online, the Contractor's obligation to provide feedback is considered fulfilled, and the services under the contract are deemed rendered.
4.7. The Contractor may establish that the Customer must achieve specific results or complete tasks at each stage of receiving services, regardless of whether a particular result has been achieved.
4.7.1. Additionally, the Contractor may require the Customer to fulfill certain conditions to receive a certificate of completion for the course as a form of motivation. However, the Contractor issues such a certificate only if the Customer has completed the required amount of educational and methodological material and has participated in the Contractor's online events as determined by the Contractor.
4.8. If a lesson/module of the course includes task completion (practical/homework), the Customer is obligated to submit the mandatory homework assignments within the time limits specified by the Contractor. The Contractor provides written feedback on the corresponding module/lesson in the site/platform section or via the Telegram messenger.
4.9. Depending on the selected tariff, the provision of services may include the Customer's access to closed groups (communities, chats) with specific rules that all Customers must observe. By entering into a contractual relationship with the Contractor and paying for services, the Customer agrees to comply with these rules, show respect for the Contractor and other Customers when communicating in closed groups (communities, chats), and maintain appropriate and respectful communication.
4.10. The parties agree that there is no need to sign an acceptance and transfer document for the rendered services. If no written claims are submitted by the Customer to the Contractor within one calendar day from the completion (conducting) of any of the events (e.g., online class/webinar, access to lessons) within the selected and paid tariff, it confirms the proper quality of the services rendered and their acceptance by the Customer in terms of quality and scope.
4.11. The Customer is responsible for monitoring all updates and changes in the information provided by the Contractor under the contract and reviewing the terms for service provision posted on the Contractor's website in a timely manner. The Contractor reserves the right to change or supplement any of the offer's conditions at any time by publishing all changes on the website.
4.12. The Customer assumes the risk of participating in the course and accepting the performance of services under the contract. If the Customer does not participate in the course (either fully or partially), the Contractor is not obligated to extend the service provision period or grant the right to participate in another course, unless at the discretion of the Contractor. If the Customer has valid reasons, recognized as such by the Contractor, the parties may agree to postpone or extend the Customer's course completion deadline.
4.13. The Customer hereby agrees that any information they post, including completion of practical tasks, comments in the chat, and reviews, will be considered public information accessible to third parties. The Customer acknowledges that all comments made by themselves or other participants on the Contractor's website or chat become part of the Contractor's materials, and all provisions for the protection of intellectual property outlined in the contract apply to these comments. Furthermore, the Customer grants consent to the Contractor for the publication and further use of photographs, audiovisual materials, and video materials submitted by the Customer during the course, including independent frames of such video materials and images captured within other objects, for the purpose of posting such content on the Contractor's official websites, informational and promotional materials, and any other purposes related to the Contractor's activities.
4.14. The services are considered rendered as follows:
4.14.1. In the case of providing services for granting access to educational materials of a specific module, the services are deemed rendered at the time the Contractor uploads the materials onto the platform.
4.14.2. In terms of organizing and conducting online events such as classes and practices, the services are considered fully provided by the Contractor upon the completion of such online events. If the Customer is unable to participate at the agreed time through no fault of the Contractor, the service is considered rendered at the time of posting the recording of the online event on the platform.
4.14.3. Regarding the checking of homework assignments (if specified in the tariff and course program) and the provision of feedback services within the course, the services are considered provided by the Contractor and accepted by the Customer upon the expiration of the deadline for the Customer to submit the task for verification.
4.14.4. Reports on homework assignments (if included in the tariff and program) are to be submitted by the Customer to the Contractor within the time limits specified in the corresponding course rates on the website or platform. If the Customer fails to provide reports on homework assignments within the prescribed period, the Contractor bears no responsibility for the failure to provide (or improper provision of) services under the contract and is not obliged to refund the cost of services. The Contractor evaluates homework assignments during the duration of the course.
4.14.5. The service of organizing Customer testing (profiling) is considered provided at the moment when the Customer registers using the profiling link provided by the Contractor. If the Customer registers using the profiling link but fails to complete the testing within the period set by the Contractor, such service is deemed fully provided and accepted by the Customer.
4.15. All services within the Tariff are provided by the Contractor and accepted by the Customer individually, irrespective of the provision and acceptance of other services.
5.1. The Customer has the following rights:
5.1.1. To select the desired service option in accordance with the tariff indicated on the website.
5.1.2. To demand proper and timely provision of services by the Contractor.
5.1.3. To receive information regarding any matters related to the organization of service performance under the contract, including the assessment of their knowledge, skills, and abilities, as well as the criteria for such assessment, from the Contractor.
5.1.4. To utilize educational materials in accordance with the terms of a simple non-exclusive license agreement.
5.1.5. To independently make decisions regarding the implementation of recommended actions by the Contractor as part of the service provision under the contract.
5.2. The Customer is not entitled to:
5.2.1. Make any modifications to the software components of the site or platform on which the services are provided, or undertake any actions aimed at altering the functionality and performance of the site. Engage in activities that may cause harm to the functionality and/or performance of the site, servers, domains, or programs associated with the site and platform. Circumvent the technical restrictions set on the website and platform used by the Contractor to provide services under the contract.
5.2.2. Create copies of the site, intellectual property, or any materials included in the services provided under the contract, as well as replicate their visual design.
5.2.3. Provide access to educational and methodological materials, personal accounts, and any materials included in the services provided under the contract to third parties. The Customer agrees not to share authentication credentials with third parties to grant them access to the course or its components.
5.2.4. Develop derivatives or similar products (courses) based on the materials provided by the Contractor, distribute them, transfer them to third parties, or use educational and methodological materials and site/course content, either partially or in their entirety.
5.2.5. Utilize educational and methodological materials for purposes other than those specified in this agreement, including any commercial purposes or publicly displaying educational and methodological materials in publicly accessible locations.
5.2.6. Advertise educational materials directly or indirectly or employ them in explicit or covert advertising activities.
5.2.7. Make any modifications to the educational materials without the Contractor's explicit written permission.
5.2.8. Sell or assign the right to claim against the Contractor.
5.2.9. Disclose personal data of third parties on the platform or in the general chat without their consent, including home addresses, telephone numbers, passport details, email addresses, or any other personal information.
5.3. The Customer is obligated to:
5.3.1. Make payment for the Contractor's services in accordance with the agreed tariff and contract terms (or individual conditions as mutually agreed with the Contractor).
5.3.2. Personally consume the services. If it is discovered that the Customer has granted access to their personal account on the site or platform to third parties, the Contractor reserves the right to completely block the Customer's access to the personal account, course (including paid educational materials), and take all legal measures necessary to protect its copyrights and exclusive rights. In such cases, any funds paid by the Customer, considered as a penalty, will not be refunded.
5.3.3. Provide complete and accurate information when entering into a contractual relationship. In the event that the Customer provides false or incomplete information, the Contractor shall not be held liable to the Customer for disclosing any information based on erroneously provided data to third parties.
5.3.4. Ensure the technical feasibility of accessing the Contractor's services, including having proper internet access, compatible software for information transfer from the Contractor, and other necessary technical resources. The Customer should also ensure the safekeeping of their login and password for the personal account on the platform throughout the entire access period.
5.3.5. Strictly and unconditionally adhere to the Rules of Conduct when receiving services (Appendix No. 1). If the chosen tariff involves communication with other Customers in a messenger chat (such as WhatsApp, Telegram, or others), the Customer must show respect to other chat participants. Failure to comply with this obligation by the Customer may result in the Contractor's right to terminate the provision of services to that Customer (clause 8.6 of the agreement).
5.3.6. Independently study educational and methodological materials, complete the tasks specified in the course, and provide the task results to the Contractor within the specified timeframe.
5.3.7. Adhere to the established course schedule, understand the goals and essence of the Contractor's task execution, meet task deadlines, and follow the Contractor's recommendations and requirements as part of the service provision under the contract. The Customer should actively engage in familiarizing themselves with the purchased educational and methodological materials.
5.3.8. Refrain from disseminating false information about the Contractor's services or any information that undermines the Contractor's business reputation.
5.3.9. Complete all preparatory points before the start of training, as indicated in the program and the Course Passing Rules.
5.3.10. Comply with the legislation of the Russian Federation regarding intellectual property, its protection, and be responsible for any violations. The Customer unequivocally acknowledges their obligation not to infringe upon the results of the Contractor's intellectual activity. The Customer agrees to study the educational and methodological materials solely for personal purposes and not to use the acquired knowledge and skills in the future for training, consulting, informing other individuals, or for commercial projects.
5.3.11. Maintain the confidentiality of data received during the provision of services, including any confidential information or trade secrets of the Contractor. The Customer should only use the information received from the Contractor for the purpose of fulfilling their obligations under the contract.
5.3.12. Successfully complete the special testing (profiling) as part of the training. If the Customer fails to complete the profiling within the deadline set by the Contractor, the Customer will be considered a party impeding the fulfillment of obligations by the other party (in this case, the Contractor). In such a case, the Customer will be denied access to the course materials, and the funds paid by the Customer will be refunded. The Contractor may either cease providing educational services or transfer the Customer's participation to the next course session.
5.3.13. If the Customer initiates the profiling process but fails to complete it, the cost of the profiling will not be refunded.
5.3.14 If the Customer has undergone profiling and wants to make a refund, the cost of profiling in the amount of 280$ is deducted from the return amount.
5.4. The Contractor has the following rights:
5.4.1. Refuse to provide services to the Customer in case of non-payment for the selected service within the specified time limits stated on the website. Suspend access to the course in case of failure to make subsequent payments as per the agreed individual installment plan and approved schedule.
5.4.2. Independently determine the forms and methods of providing services based on the requirements of the legislation of the Russian Federation and the specific terms of the contract.
5.4.3. Determine independently the system for assessing the level of knowledge acquired by the Customer, as well as the forms and procedures for assessment in the provision of services. 5.4.4. Determine independently the composition of additional specialists involved in providing services and distribute the workload among them at their discretion. 5.4.5. Request any information necessary to fulfill its obligations under the contract from the Customer. In case of failure to provide or incomplete or inaccurate provision of information, the Contractor has the right to suspend the performance of its obligations until the necessary information is provided. 5.4.6. Refuse to issue a certificate of course completion if the Customer fails to fulfill the requirements for participation in online events.
5.5. The Contractor is obligated to: 5.5.1. Organize and ensure the proper provision of educational services. 5.5.2. Provide the services of the appropriate quality and scope that have been paid for by the Customer within the specified terms on the website. 5.5.3. Not disclose the Customer's (Student's) personal data without their consent and process the data solely for the purpose of fulfilling the contract in accordance with the Contractor's approved Personal Data Processing Policy, which is posted on the website. 5.5.4. After confirming the payment, provide the Customer with the necessary access information by sending a message to the Customer's email or messenger.
6. The cost of services and payment procedure
6.1. The cost of the services provided is unilaterally determined by the Contractor in US dollars and does not include VAT. The Contractor reserves the right to unilaterally change the prices for the services provided, and any information regarding price changes will be posted on the Contractor's website. The effective date of new prices and payment terms is the date they are posted on the Contractor's website.
6.1.1.
The cost of services under the tariff “Optimal” is 100%, distributed as follows:
- 10% for the first training module
- 20% for the second training module
- 20% for the third training module
- 10% for the fourth training module
- 10% for the fifth training module
- 10% for the sixth training module
- 18% for profiling
- 2% for a workbook in .pdf format
- Bonus: Access to the stream chat
- Bonus: Three online broadcasts
- Bonus: Six online practices with trainers in the Zoom service
- Bonus: Issuance of a certificate
- Bonus: Licensed access to educational materials for two calendar months after completing the course
- Bonus: Lecture notes in .pdf format
6.2. The cost of services provided under the contract depends on the tariff selected by the Customer. Information regarding tariff costs can be found on the Contractor's website and its subdomains.
6.3. Payment for the services is to be made by the Customer in full, amounting to 100%, through a single payment. Payment can be made via bank transfer, in cash at any bank branch, through payment systems, or by using electronic payment services in accordance with the rules established by relevant electronic payment services and processing companies. The Contractor may also provide alternative payment methods, as specified on the relevant section of the website.
6.4. The Contractor retains the right to independently determine additional payment terms on an individual basis. For instance, the Contractor may offer the Customer an installment payment option by dividing the total amount into an advance payment (deposit) to be paid before the Contractor provides the services, and the remaining amount to be paid by the Customer during or after the receipt of services. In the event that the Customer fails to adhere to the payment schedule for the remaining amount, as per the established terms, the Contractor may withhold or terminate access to the course or educational and methodological materials until full payment is received. Individual installment schedules are to be agreed upon separately between the Contractor and the Customer.
6.5. The moment of payment is considered when the funds are received and credited to the Contractor's account. The Customer is responsible for retaining all documents confirming the payment until the funds are successfully credited to the Contractor's settlement account. If the funds from the Customer are not received within the specified period or in the designated amount, the Contractor reserves the right to either refrain from commencing the provision of services or terminate the provision altogether.
6.6. The Contractor has the authority to offer various discounts and special promotions on the cost of services, subject to limited-time validity. In such cases, the Customer agrees to the terms of these special offers and expresses acceptance by making payment for the selected tariff at the discounted price. Information regarding discounts, special offers, and their respective durations is provided by the Contractor on the website or through other sources.
6.7. The cost of services is determined at the time of payment made by the Customer. In the event that a discount or special offer specified in clause 6.6 of the agreement has expired, the Customer is not entitled to request the Contractor to provide services under special conditions. If the Customer failed to take advantage of a discount or special offer and subsequently submits a claim for reimbursement of the price difference, the Contractor will not fulfill such a request. The Customer's actions at the time of payment during the discount or special offer period are deemed independent of the Contractor's control.
6.8. In order to secure the cost of services and ensure the fulfillment of the agreement, the Customer has the option to make a deposit of 65$. This deposit will be credited towards the total cost of the selected tariff upon subsequent payment for services. If the Customer decides not to proceed with the agreement, the deposit will not be refunded in accordance with Part 2 of Article 381 of the Civil Code of the Russian Federation.
6.9. In the event that the Customer opts to pay for the Contractor's services using credit funds or through installment plans arranged with credit institutions, banks, or brokers, the Customer must establish an installment plan for the services based on the price of the selected tariff, minus the bank commission. The amount paid by the Customer, with the bank commission deducted, will be credited to the Contractor's account according to the selected tariff. In the case of a refund request, the Contractor will calculate the refund amount based on the funds received in their current account, taking into account the discount equivalent to the bank commission.