This public contract for the provision of paid services (hereinafter the "Contract") determines the procedure for the provision of individual entrepreneur Karpovich Iryna Mikhailovna (hereinafter referred to as the "Contractor"), acting on the basis of state registration certificate No. 0463089 issued by the Minsk District Executive Committee on November 01, 2013, paid services to individuals, individual entrepreneurs and legal entities (to their employees) (hereinafter referred to as the "Customers" or the "Customer") who accepted (accepted) the public offer (offer) on conclusion of the Contract, as well as mutual rights, obligations and procedure of relations between the Contractor and the Customer.
1 SUBJECT OF THE CONTRACT
1.1 The subject of the Contract is the provision by the Contractor to the Customer (its employees, if the Customer is a legal entity, individual entrepreneur) of Information and consulting services and other paid services in accordance with the Contract and (or) according to the List of Services posted on the Contractor's website https://irinakarpowitch.com (hereinafter, respectively, Services or Events; List of Services) in accordance with the Customer's requests and the Contractor's capabilities in Russian and (or) English.
1.2 The current list of Services provided by the Contractor and their cost is given on the Contractor's website and is an integral part of the Contract. The Parties irrevocably acknowledge that regardless of the Event topic and the issues discussed during the Event, the Services are not psychiatric and/or psychotherapeutic assistance.
1.3 The term and schedule of the Services (schedule of Activities) under the Contract shall be determined by the Contractor unilaterally. The Contractor shall be entitled to unilaterally change the term and schedule of the Services, as well as the schedule of the Events, by notifying the Customer by sending an SMS message to the phone number specified by the Customer in the Application. If the Customer does not agree with the change in the term of the Services, it shall notify the Contractor by sending an SMS message to the Contractor's phone number specified on the Website or a personal message in Telegram/WhatsApp/Viber no later than 2 (two) business days from the date of receipt of the notification from the Contractor. In this case, the Parties shall agree on the further procedure for rendering the Services under the Contract. If the Parties fail to reach an Contract on the issue of changing the term of the Services, the Customer shall have the right to unilaterally withdraw from the Contract. In this case, the funds paid to the Contractor in accordance with the Contract shall be returned to the Customer no later than thirty (30) business days from the date the Customer provides the Contractor with the data required for the return (transfer) of funds. Funds shall be returned by bank transfer to the Customer's current bank account.
1.4 The Customer, being an individual, takes part in the activities in accordance with the terms of this Contract.
1.5 The Customer, which is a legal entity, sends its employees to participate in the activities in accordance with the terms of this Contract.
1.6 The Customer accepts the Services provided by the Contractor in accordance with the terms of this Contract.
1.7 The Contractor reserves the right to make changes to this Public Offer Contract and other information on the website https://irinakarpowitch.com in connection with which the Customer shall familiarize itself with the current version of the Contract and other information before receiving the Services.
2 PROCEDURE FOR THE CONCLUSION OF THE CONTRACT
2.1 This Contract is a public contract (Article 396 of the Civil Code of the Republic of Belarus), according to which the Contractor undertakes to provide Services in relation to an indefinite number of persons who applied for these Services.
2.2 Publication (posting) of the text of this Contract on the official website of the Contractor at the address: https://irinakarpowitch.com is a public offer (offer) of the Contractor addressed to an indefinite number of persons to conclude this Contract (clause 2. Article 407 of the Civil Code of the Republic of Belarus).
2.3 The conclusion of this Contract shall be made by the Customer's accession to this Contract, i.e. by the Customer's acceptance of the terms of this Contract as a whole, without any exceptions or reservations (Article 398 of the Civil Code of the Republic of Belarus).
2.4 The fact of acceptance (acceptance) of the Contract by the Customer is payment by the Customer for the Services ordered by the Customer in the manner and on the terms and conditions specified in the Contract.
2.5 Payment shall be made using Internet acquiring services available on the Website or by transferring funds to the settlement account of the Contractor. In this case, payment is considered to be made from the moment of crediting the corresponding amount of funds to the settlement account of the Contractor.
2.6 The Contract is valid from the moment of receipt of payment to the settlement account of the Contractor until the completion of obligations and mutual settlements between the Parties.
2.7 In confirmation of conclusion of the Contract to the Customer at the e-mail address specified in the order form in accordance with clause 2.4. of the Contract, within one (1) business day from the date of payment for the Service, a Notice of Successful Order is sent, which is also a notice of the conclusion of the Contract.
2.8 The Contractor has the right at any time to change the cost of the Services not yet paid for and the terms of the Contract unilaterally without prior Contract with the Customer, while ensuring the publication of the changed conditions on the Site, at least 1 (one) calendar day before their entry into force.
2.9 In accordance with Clause 3, Article 404 of the Civil Code of the Republic of Belarus, this Contract shall be deemed concluded in writing in Minsk, Republic of Belarus.
3 PROCEDURE FOR RENDERING SERVICES. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF SERVICES RENDERED
3.1 The Contractor shall provide the Services in the following ways: provision of individual and (or) group consultations, organization and conduct of thematic lectures, seminars, trainings, workshops, courses, consultations, provision of documents and information.
3.2 The venue of the Event can be both the territory of the Republic of Belarus and the territory of foreign countries.
3.3 The Contractor shall not be liable for non-compliance of the provided Service with the Customer's expectations and (or) for its subjective assessment. Such non-compliance with expectations and (or) negative subjective assessment are not grounds to consider the Services to be rendered poorly, or not to the agreed extent.
3.4 In accordance with the resolution of the Ministry of Finance of the Republic of Belarus dated 12.02.2018. No. 13 "On Sole Preparation of Primary Accounting Documents," the Customer confirms and agrees that the Certificate of Services Provision in accordance with the Contract is drawn up by the Contractor alone. The Service Acceptance Certificate shall be signed only by the Contractor. The Contractor has no obligation to provide the Customer with the Service Provision Certificate drawn up by the Contractor.
3.5 The Services for which the Customer has not submitted written claims within one (1) business day from the date of the Services provision shall be deemed duly rendered, accepted by the Customer without objections, and shall be paid in accordance with the Contract.
4 THE COST OF SERVICES AND REMUNERATION
4.1 The cost of the Services provided hereunder shall be determined based on the scope of the Services and shall be reflected in the information materials published on the website and in the invoice provided to the Customer for payment.
4.2 The Contractor shall provide the Services on the terms of 100% prepayment of the amount specified in the invoice (invoice) provided to the Customer.
4.3 The Customers being legal entities shall pay for the Services by wire transfer of funds to the bank account of the Contractor according to the data and details specified in the provided invoice.
4.4 The Customers who are individuals shall pay for the ordered Services by bank or postal transfer of funds to the Contractor's bank account, according to the data and details specified in the provided account, as well as by bank cards using Internet acquiring services available on the Website.
4.5 All costs associated with the transfer of payments hereunder to the Contractor's account shall be borne by the Customer.
4.6 In the event of changes in tax legislation, market conditions, as well as the introduction of additional taxes and mandatory payments, the Contractor reserves the right to unilaterally change the cost of services, which it is obliged to inform the Customer no later than 10 (ten) calendar days before the cost change. The change in the cost of the Services shall not apply to the Services already paid for.
4.7 In case of financial indebtedness of the Customer (violation of the terms and procedure for payment), the Contractor reserves the right to suspend the provision of services under this Contract, including by not allowing the Customer to provide services.
4.8 If the Customer does not have the opportunity to attend the event or consultation at the previously agreed time, it is necessary to promptly notify the Contractor about this. If the Customer cancels the event or consultation less than 12 hours before the start of the event or consultation, then this event or consultation is considered to be held, and the Customer undertakes to pay for it. If missed for a good reason and upon presentation of a document issued by the competent authority (in case of illness, etc.), the Customer may postpone the date of the consultation or attend such an Event at another time, having previously agreed with the Contractor the time and place, if possible.
4.9 Payment for telecommunication services for connecting the Customer to the Internet shall be made by the Customer independently without participation of the Contractor.
5 RIGHTS, OBLIGATIONS AND WARRANTIES OF THE PARTIES
5.1 The Contractor shall:
5.2 The Contractor shall have the right to:
5.3 The Customer shall:
5.4 The Customer shall have the right to:
5.5 The Customer guarantees that at the time of conclusion of the Contract:
5.6 If the Customer violates the conditions of Clause 5.5, all losses, as well as other negative consequences, including monetary ones, caused to the Contractor shall be reimbursed by the Customer in full and in an indisputable manner.
6 LIABILITY AND RESPONSIBILITY OF THE PARTIES AND DISPUTE SETTLEMENT PROCEDURE
6.1 For non-fulfillment or improper fulfillment of the terms and conditions of the Contract, the Parties shall bear the liability provided for by the current legislation of the Republic of Belarus and the Contract.
6.2 Violation of the terms and conditions of the Contract shall be deemed its failure to perform or improper performance, that is, performance in violation of the terms and conditions specified by the content of the Contract.
6.3 If the Customer violates the terms of Clause 5.5.1 hereof, all losses, as well as other negative consequences, including monetary ones, caused to the Contractor shall be reimbursed by the Customer in full and indisputably not later than thirty (30) calendar days from the date of submission of the corresponding request by the Contractor.
6.4 The Contractor shall not be liable for the impossibility of servicing the Customer for reasons related to the disruption of the Internet channel, equipment or software by the Customer.
6.5 If the Customer fails to fulfill the tasks without a valid reason, the Contractor does not have any obligations to make up for the missed material and financial debt to the Customer. A valid reason for failure to complete tasks is an illness confirmed by a sick leave.
6.6 In case of termination of the Contract at the Customer's initiative, the funds paid by the Customer for the Services provided shall not be returned.
6.7 The Party shall be exempted from liability for full or partial violation of the Contract determined by this Contract and the current legislation of the Republic of Belarus, if this was the result of force majeure circumstances that arose after the conclusion of the Contract as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures.
6.8 Force majeure circumstances include events that the party cannot influence and for the occurrence of which it is not responsible, such as: war, rebellion, strike, earthquake, flood, fire, severe weather or other natural disasters, government regulations, orders (decrees) of state bodies and officials, laws and other regulations of the competent authorities adopted after acceptance of the Contract and making it impossible to fulfill the obligations established by the Contract, as well as actions of state or local government bodies and management or their representatives that impede the fulfillment of the terms of the Contract, and other unforeseen circumstances outside the sphere of influence of the parties, but not limited to the above.
6.9 In the event of force majeure circumstances preventing fulfillment of obligations hereunder, the term for fulfillment of such obligations by the Parties shall be postponed in proportion to the duration of such circumstances, as well as the time required to eliminate their consequences, but not more than 180 (one hundred eighty) calendar days.
6.10 If the force majeure circumstances continue to be valid beyond the period specified in Clause 6.9 hereof, or when it becomes obvious to both parties that the circumstances will be valid beyond this period, the parties undertake to discuss the possibilities of alternative ways of performing the Contract or terminating it.
6.11 In case of disputes or claims between the Parties under the Contract, the Parties shall seek to settle them through negotiations, and in case of failure to reach an Contract, the disputes and claims shall be settled in accordance with the procedure established by the legislation of the Republic of Belarus in court at the location of the Contractor in compliance with the pre-trial claim procedure for dispute resolution (the deadline for response to the claim is five (5) business days). At the same time, the law of the Republic of Belarus will be applicable when considering a dispute in court.
6.12 In all cases not regulated by this Contract, the Parties shall be guided by the legislation of the Republic of Belarus.
7 SUPPLEMENTARY CONDITIONS
7.1 The Contractor reserves the right not to admit to the Customer's Event with signs of SARS and other infectious diseases, as well as in case of unmotivated aggressive behavior of the Customer. At the same time, the Contractor, at the choice of the Customer, either returns to him the funds received for the Services under the Contract, or accepts the specified funds in offset of payment for the Customer's participation in other Activities of the Contractor/for other Services of the Contractor, provided that the circumstances that caused the Customer's non-admission are terminated.
7.2 If the provision of the Services requires a certain minimum number of Customers (in particular, but not limited to, group Events), the Contractor shall inform the Customer in advance (including through the Website). In the absence of a minimum number of Customers, the Contractor shall be entitled to postpone the date of provision of the Services upon prior notification of the Customer. If the Customer refuses to receive the Services on a new date, the Contractor, at the Customer's option, shall return to the Customer the funds received for the Services under the Contract, or accept the specified funds as payment for the provision of other Services to the Customer.
7.3 In case of the Customer's non-arrival at the place of the Services provision and (or) at the Event or other impossibility to perform the Contract arising through the fault of the Customer, the funds paid to the Contractor in accordance with the Contract shall not be returned, unless otherwise established by the Contract of the Parties.
7.4 The Customer shall independently bear all transportation and other expenses related to the receipt of the Services from the Contractor. In case of failure to provide the Services and (or) cancellation of the Event for any reason, these expenses shall not be reimbursed by the Contractor.
7.5 Photo and video filming, sound recording of the Service provision process may be performed by the Customer only with the prior permission of the Contractor within the specified time.
7.6 The Parties unconditionally recognize the legal force of documents received through various electronic communication channels, along with documents executed in simple writing on paper, except for cases when paperwork is mandatory due to the requirements of the Contract or the legislation of the Republic of Belarus.
7.7 All correspondence, notices and notifications received by any means according to the details specified in the Contract as the details of the Parties are considered to be delivered to the addressee in due form.
7.8 The place of conclusion of the Contract is the address of the Contractor.
7.9 The Contractor has the right to make changes and/or additions to the Contract unilaterally. These changes and (or) additions come into force on the next day after their publication on the Site.
7.10 Changes and (or) amendments made by the Contractor to the Contract in connection with changes in the legislation shall come into force simultaneously with the entry into force of changes in these acts of legislation.
7.11 The text of amendments and/or supplements to the Contract, or its new version, shall be brought to the attention of the Contractor by posting the relevant information on the Site.
7.12 The Parties unconditionally agree that silence (absence of written notices of termination of the Contract, or this Contract with certain provisions of the Contract, including changes in the Contract or the cost of Services) is recognized as consent and accession of the Customer to the new version of the Contract (clause 3 of article 159 of the Civil Code of the Republic of Belarus).
7.13 Personal non-property copyrights and exclusive rights to the results of the Services and works transferred in the course of execution of the Contract belong to the Contractor.
8 CONTRACT DURATION
8.1 The Contract shall come into effect upon its conclusion, in the manner established by Chapter 2 of the Contract and shall be valid until the Parties fulfill their obligations
8.2 The Contract may be terminated early by Contract of the Parties or unilaterally in cases stipulated by the Contract. In case of termination of the Contract, mutual settlements between the Parties shall be carried out in accordance with the terms of the Contract.
8.3 The Contract shall be amended and terminated in accordance with the terms of the Contract, the legislation of the Republic of Belarus.
9 LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
9.1 The Parties strongly agree to read the information specified by the Customer when placing an order for rendering services to be the Customer's details.
9.2 Contractor bank details:
IE Karpovich Iryna Michailovna, UNP 192153626.
Acc. BYN BY67PJCB30130320970000000933
«Priorbank» JSC
Contact details: Tel. +375 44 515 75 44, E-mail: irina.karpovich@tut.by