6. THE PROCEDURE FOR RECEIVING SERVICES.
REFUND OF FUNDS
6.1. When rendering services, an act on the services rendered is not formed and is not signed.
6.2. For the "Courses" Services, the Services are considered to be rendered with proper quality and on time, as well as accepted by the Customer at the time of granting access to the Course. If, immediately at the time of granting access to the Course, the Customer has not stated a reasoned objection regarding the quality and scope of the Services provided by sending a corresponding request in writing or by e-mail to the Contractor's address, the services are considered accepted by the Contractor. After the specified period, the Customer's claims regarding the shortcomings of the Services, including in terms of quantity (volume), cost and quality are not accepted. The result of the Service provided is the fact of providing access to the Course. If the Customer, for reasons beyond the control of the Contractor, does not use access to the Course materials, does not read text or view video material, does not perform tasks, the Services are considered to have been properly rendered and the funds paid to the Contractor are not refundable.
6.3. For the "Individual Lessons" Services, the Contractor, at the request of the Customer, considers the issue of returning the funds paid for the Service.
6.4. Prior to the start of the provision of services, the Contractor makes a refund in the amount of 100% of the payment received from the Customer, minus the commission for the transfer of funds.
6.5. In all other cases, the Contractor makes a refund minus the commission for the transfer of funds and the cost of Lessons that the Customer received access to in accordance with the Course program before the date of submission of a written request for a refund.
6.6. The amount to be refunded is calculated in the following order: Z=X-Y*N2
Z is the amount to be refunded;
X is the full cost of the lesson package;
Y - the cost of one online lesson;
N2 - the number of online lessons that the Customer has received access to;
6.7. The amount of the cost of 1 online lesson is calculated in the following order:
The basic cost of the lesson: 45 minutes - 30 euros, 60 minutes - 36 euros.
When buying from 4 lessons, the Customer receives a discount for 1 lesson, up to 12 euros for 45 minutes and 15 euros for 60 minutes when buying 128 lessons.
6.8. If the package of lessons was purchased at a discount, the refund is based on the basic cost of lessons, excluding discounts.
6.9. This calculation is also applied if the refund is made after the claim procedure is missed, and in the case of recovery of funds in court.
6.10. All refunds are carried out on condition that the Customer sends a request to the Contractor with the personal signature of the Customer who requests a refund. The request must be sent in scanned form to the Contractor's email address.
6.11. In the request for the refund of the money paid for the Service, it must be indicated:
· applicant's data (full name, passport data, residential address, telephone, e-mail address);
· date and amount of payment;
· reasons for the return;
· details for the transfer of funds – the account from which the payment was made;
· appendices, date, signature and transcript.
6.12. The decision to refund or refuse to refund the funds is made by the Contractor within 7 (seven) calendar days from the date of receipt of the application.
6.13. Funds shall be refunded to the Customer by bank transfer according to the details specified by the Customer in the application within 10 (ten) calendar days after the decision on the refund is made.
6.14. The Customer is obliged to specify the details of his personal account from which the payment was made. At the same time, the Customer agrees that payment services, aggregators and/or payment providers may charge the Customer a commission for making transactions for the transfer of such funds.
6.15. The Contractor does not refund funds to third-party accounts or to electronic wallets, unless otherwise agreed additionally between the Parties.
6.16. In case of satisfaction of the request for refund, the Customer is not granted access to the Content, the provision of services is terminated, within 1 (one) business day from the date of the Contractor's decision on the refund.
7. RESPONSIBILITY OF THE PARTIES
7.1. The Parties are liable for non-fulfillment of the conditions stipulated by this Offer in accordance with the norms of legislation in force in Georgia.
7.2. The Contractor is not responsible for the inability to provide services to the Customer for reasons beyond the Contractor's control, namely:
· violation or absence of Internet connection on the part of the Customer;
· proper functioning of the Site if the Customer does not have the necessary technical means to use it;
· delays or failures in the process of making payment transactions;
· any case of malfunctions in telecommunication, computer, electrical and other related systems;
In this case, the services are considered to have been rendered properly and are subject to payment in full.
7.3. The Contractor is not responsible for the inconsistency of the services provided with unreasonable expectations of the Customer and their subjective assessment. Disagreement of the Customer with the opinion of the Contractor, the program of the Course, Lessons is not the basis for making claims on the quality and scope of Services.
7.4. No information, materials and/or consultations provided by the Contractor as part of the provision of services under this agreement can be considered as guarantees, including a guarantee of employment. Decision-making based on all the information provided by the Contractor is in the exclusive competence of the Customer.
7.5. The Contractor is not responsible for not receiving the result, getting the result below the Customer's expectations, since the success of the Customer's use of the information, materials and / or consultations depends on many factors known and unknown to the Contractor: dedication, diligence, perseverance, the level of intellectual development of the Customer, the quality and speed of mastering / implementing the knowledge and materials received from the Contractor, his other individual qualities and personal characteristics, which is accepted by both parties.
7.6. The Contractor is not responsible for the risks associated with the reputation and financial position of the Customer, which may arise from improper use of the Course, Lessons. When the Customer uses the materials provided to him in the process of rendering services, the Customer agrees that the Contractor is not responsible for his personal result achieved (or not achieved) in the process of using the materials
7.7. The total liability of the Contractor under this Offer Agreement, for any claim or claim in relation to this Offer Agreement or its execution is limited to the cost of services paid by the Customer minus the costs incurred by the Contractor. In this case, only real damage can be recovered, but not lost profits.
7.8. Criminal and civil liability is provided for violation of copyright and exclusive rights of the Contractor. Any violations are prosecuted by the Executor in court.
7.9. If it is revealed that third parties have access to the Course materials, Lessons through the fault of the Customer, at the request of the Contractor sent to the Customer's email address, the Customer is obliged to pay a fine in the amount of 3 (Three) times the cost of the Course. The amount of the fine is determined by the degree of possible or caused harm to the rights and legitimate interests of the Contractor, which is many times higher than the cost of services paid by the Customer under this Offer Agreement.
7.10. In order to verify the Customer's guilt, the Contractor has the right to contact law enforcement agencies to find out the IP of the Customer (his computer).
7.11. The Contractor's claim for payment of the fine is subject to immediate satisfaction in a voluntary, pre-trial manner. In case of refusal or non-satisfaction of the claim for payment of a fine by the Customer, the Contractor has the right to immediately apply to the court for protection of the violated right, without observing the pre-trial claim procedure for dispute settlement.
8. INTELLECTUAL PROPERTY
8.1. All exclusive rights to the content and materials posted on the Website and provided to the Customer are objects of the Contractor's intellectual property. The specified objects in the form of texts, images, drawings, photographs, graphs, videos, programs, sounds, user interfaces, logos, trademarks, computer codes that are the content of the Site, Courses and/or posted on the Site belong to the Performer.
8.2. By using the Website, the Customer acknowledges and agrees that all the contents of the Website where the Contractor's Content and materials are stored, as well as the structure of their contents, are protected by copyright, trademark and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on on all media and in relation to all technologies, both currently existing and developed or created subsequently. No rights to any content of the Site where the Content and materials of the Contractor are stored, including, but not limited to, audiovisual works, text and graphic materials, computer programs, trademarks are transferred to the Customer as a result of using the Site and concluding this Agreement.
8.3. The texts of e-mail letters received during the Mailing, trademarks, logos, trade names, other ways of individualization, any texts, images, other copyright objects posted on the Site are the property of the Contractor, and accordingly, it is prohibited to use these objects without the consent of the Contractor.
8.4. Any modification, copying, distribution, republication, creation of derivative works, transfer, sale, licensing of Content is prohibited without the written permission of the Contractor.
9. TERMINATION OF THE OFFER
9.1. The Contractor has the right at any time to refuse to execute this Offer in full in the cases specified in clause 3.2.10 of the Offer.
9.2. At the same time, payment of the Course cost is not subject to refund to the Customer and is withheld by the Contractor as a penalty for improper fulfillment of the terms of this Offer Agreement. The offer is considered terminated from the moment the Customer notifies the Contractor by e-mail and closes access to the materials.
10. TERM OF THE OFFER
10.1. The deadline for the Acceptance of the offer is limited by the presence of the offer on the Website.
10.2. This Offer Agreement comes into force from the moment of acceptance and is valid until the Parties fully fulfill their obligations.
10.3. The court's recognition of the invalidity of any provision of this Offer Agreement does not entail the invalidity of the remaining provisions.
10.4. The claim procedure for pre-trial settlement of disputes is mandatory for the Parties. The term of consideration of the complaint letter is 10 (Ten) working days from the date of receipt of the last by the addressee. The claim can be sent to the Contractor's email address email@example.com .
10.5. If the Parties fail to reach an agreement, the dispute is referred to the court at the location of the Contractor (contractual jurisdiction).
10.6. Laws and other legal acts of Georgia, including relevant legal acts adopted by the subjects of Georgia and local self-government bodies, are subject to application on issues not regulated by this Offer.
10.7. The Parties acknowledge that all notices, communications, agreements, documents and letters sent using authorized e-mail addresses are considered to be sent and signed by the Parties, except in cases where such letters do not explicitly state the opposite, and can be used as written evidence in court.
10.8. Authorized e-mail addresses of the Parties are recognized as:
for the Performer: firstname.lastname@example.org
for the Customer: the email address specified when filling out the registration form on the Website.
10.9. The Customer is considered to be duly notified when sending a message to the address indicated by him in the registration form.
10.10. The Parties have established that screenshots of correspondence by e-mail or in a message in a messenger made using the details specified in clause 10.8 of the Offer in pursuance of this Agreement are sufficient and acceptable evidence to confirm the facts that are indicated in them.
11. DETAILS OF THE CONTRACTOR:
Individual Entrepreneur Alexander Perelman
Legal address Georgia, Tbilisi, Chugureti District, Chitaia Street, N38, Apartment N1