RU
OFFER AGREEMENT/PUBLIC AGREEMENT

LLC/IP ______________________________________hereinafter referred to as the "Contractor", represented by
General Director _________________________, acting on the basis of ____________________, enters into this Public Agreement for the provision of paid services (hereinafter referred to as the Agreement) with any individual, hereinafter referred to as the "Customer".

The Agreement is an agreement on the provision of ____________________________________________________________ of the Contractor on a paid basis through the website ______________________________, concluded by means of a public offer, and regulates the procedure for the provision of such services and the obligations of the Parties.

The text of this Agreement is posted by the Contractor on the Internet on the website at the address: _________________________________________________________________________________________

The Parties, guided by Part 2 of Article 398 of the Civil Code of the Kyrgyz Republic, have entered into this Agreement on the following:

1. Subject of the Agreement

1.1. In accordance with this Agreement, the Contractor undertakes to provide _____________________________________________________________________________________________________________, and the Customer undertakes to pay the Contractor a fee.
1.2. ____________________________ is provided by the Contractor via the website______________________________________.
1.3. The following terms and abbreviations are used in this Agreement:
1.3.1. Website - a website located on the Internet at ____________________________
1.3.2. Personal account - a set of secure pages of the Website created as a result of the Customer's registration and accessible by entering his authentication data (e-mail address and password) in the fields provided for this purpose on the Website.
1.3.3. Invoice - an invoice, an invoice-price agreement protocol, or other similar document that determines the cost of services and, if necessary, the payment procedure.
All terms and definitions used in this Agreement apply equally to terms in the singular and plural, used depending on the context.
1.4. The Customer may use _____________________________________________________ in accordance with the terms of the Agreement during the entire period specified on the Website.
1.5. The Contractor does not provide the Customer with individual consultations under this Agreement that are not related to the subject of the Agreement.

2. Procedure for concluding the Agreement and providing access

2.1. This Agreement is a public agreement, according to which the Contractor

assumes an obligation to provide services to an indefinite number of persons (Customers) who have applied for their provision.
2.2. Posting the text of this Agreement on the Website is a public offer of the Contractor addressed to an indefinite number of persons to conclude this Agreement (clause 1 of Article 386, clause 2 of Article 398 of the Civil Code of the Kyrgyz Republic).
2.3. This Agreement is concluded by the Customer joining this Agreement, i.e. by means of the Customer's acceptance of the terms of this Agreement as a whole, without any conditions, exceptions or reservations (Article 387 of the Civil Code of the Kyrgyz Republic).
2.4. The fact of acceptance of the terms of this Agreement by the Customer is the payment by the Customer for the services ordered by him in the manner and on the terms specified in this Agreement. In the event that the Customer pays for the services ordered by him using credit funds provided by the relevant bank, the fact of acceptance of the terms of this Agreement by the Customer is the conclusion by the Customer of the relevant agreement with the bank for payment for the services of the Contractor (clause 3 of Article 399 of the Civil Code of the Kyrgyz Republic).
2.5. By accepting this public offer in the manner specified in this Agreement, the Customer agrees to all the terms of the Agreement as they are set out in the text of this Agreement and, in accordance with the Civil Code of the Kyrgyz Republic, is considered as a person who has entered into contractual relations with the Contractor on the basis of this Agreement. In this case, in accordance with paragraphs 2 and 3 of Art. 395, paragraph 3 of Art. 399 of the Civil Code of the Kyrgyz Republic, this Agreement is recognized as concluded by the Parties in writing.
2.6. After performing the actions specified in paragraph 2.4. of the Agreement, the Contractor provides the Customer with ________________________________________________________________.

3. Rights and obligations of the Parties

3.1. The Contractor undertakes to:
3.1.1. Provide the Customer with _____________________________________________________________
3.1.2. Provide information support to the Customer on issues related to the provision of services and/or the functioning of the Site on business days from 09:00 to 18:00 (until 17:00 on Friday and business days that are shortened in accordance with the legislation of the Kyrgyz Republic).
Questions on support are sent by the Customer to the e-mail address: __________________________
3.1.3. In the event of detection of errors/deficiencies in the functioning of the Site, made by the Contractor or due to the fault of the Contractor, eliminate the detected errors/deficiencies at their own expense and on their own.
3.1.4. Refund the funds paid by the Customer in the cases and on the terms stipulated by the Agreement.

3.2. The Contractor has the right to:
3.2.1. Make changes to _____________________________________________________

3.2.2. Engage third parties to fulfill this Agreement without the consent of the Customer.
3.2.3. Request from the Customer information and documents necessary for the proper fulfillment of obligations under this Agreement.
3.2.4. Change the cost of services under the Agreement by posting the current cost on the Site.
3.2.5. Temporarily suspend the operation of the Site to carry out the necessary scheduled preventive and repair work on the technical resources of the Contractor.
3.2.6. Replace third parties involved in fulfilling obligations under the Agreement.

3.3. The Customer undertakes to:
3.3.1. Pay for services within the timeframes and on the terms established by the Agreement, agreed upon invoices and/or agreed upon by the Parties via messages in the Personal Account.
3.3.2. Timely provide complete and accurate information necessary for the provision of services (including when registering on the Site).
3.3.3. Use the functionality of the Site and access exclusively for personal or other non-commercial purposes.
3.3.4. Ensure the confidentiality of the login and password to your Personal Account, do not transfer access data to third parties.
3.3.5. Immediately notify the Contractor of any unauthorized access to your Personal Account.
3.3.6. Not to post on the Site or third-party resources the personal data of other persons, including access data to their Personal Account on the Site, and also not to use or attempt to obtain the personal data of other users.
3.3.7. Not to register as a user on behalf of or instead of another person or register a group (association) of persons or a legal entity/individual entrepreneur as such a user.
3.3.8. Not to use software and not to take actions aimed at disrupting the normal functioning of the Site, not to download, store, publish, distribute or provide access to or otherwise use viruses, Trojans and other malicious programs; not to use automated scripts (programs) to collect information on the Site without the written permission of the Contractor.

3.4. The Customer has the right to:
3.4.1. Obtain access to _______________________________________________________ after fulfilling the conditions for providing access (Article 2 of the Agreement).
3.4.2. Receive information support on issues related to the procedure for the provision of services and the functioning of the Site, for the entire term of this Agreement.
3.4.3. Use access to ____________________________ exclusively for non-commercial purposes.
3.4.4. Send the Contractor comments, suggestions and / or feedback related to the subject of this Agreement and / or the functioning of the Personal Account.

4. Cost of services and payment procedure
4.1. The cost of the Contractor's Services is determined on the basis of the cost of the goods / services indicated on the Site or agreed upon in the Invoice, in soms.
4.2. The Customer pays for the cost of the Contractor's services on the terms of 100% prepayment in one go by transferring funds to the Contractor's bank account, unless other conditions are specified in the invoice issued to the Customer.
The date of payment is the date of receipt of funds to the Contractor's bank account.
4.3. Payment for the Services shall be made by the Customer in favor of the Contractor by transferring

the corresponding amount of funds by methods supported by the Contractor. In this case, the Contractor has the right to independently determine the list of such methods, informing the Customer of the current list of methods by posting it on the Website, or informing the Customer in another way. Detailed rules for payment and refund of funds are contained in Appendix No. 1 to this Agreement.
4.4. The Customer has the right to pay for the Services of the Contractor using credit funds that may be provided to the Customer by the relevant bank (hereinafter referred to as the loan).
The Parties understand and agree that this Agreement is not a loan agreement, the Contractor is not a lender and does not bear any corresponding obligations to the Customer. The Customer understands and agrees that the loan is provided to the Customer on the terms stipulated by the relevant bank. The Contractor is not responsible for the terms of the bank's provision of the loan to the Customer, including the amount and payment of interest for using the loan, as well as for the bank's refusal to provide the loan. The Customer fulfills its obligations to the bank related to the latter's provision of the loan independently.
4.5. The date of provision of Services/goods is considered to be the date of provision of the service/goods to the Customer, accordingly, the Services/goods are considered to be rendered to the Customer.

5. Liability of the Parties. Limitation of Liability
5.1. If the Customer violates the terms of the Agreement, he/she is obliged to pay a fine of ______________________________ soms for each violation out of court upon the written demand of the Contractor.
5.2. If the Customer violates the terms of this Agreement, the Contractor has the right to deactivate the Customer's access to the Personal Account, as well as block the Customer's access to the Site without refunding the money paid.
The Customer is obliged to pay the penalty within 15 (fifteen) calendar days from the date of receipt of the claim (notice) of the Contractor.
5.3. The Contractor shall not be liable:
- for the content of information posted in messenger chats (WhatsApp, Viber, Telegram), which are created at the initiative of users, including the Customer;
- for the use by third parties of personal data that the Customer provides in such chats;
- for the quality of the Internet connection and the functioning of the Customer's equipment and software;
- for non-compliance of the technical characteristics of the Customer's equipment with the requirements for reproducing the Course materials, if such requirements are established;
- for non-compliance of the Services provided for by the Agreement with the Customer's expectations. The Customer's subjective assessment is not an objective criterion for the quality of the Services;
- for errors and inaccuracies made by the Customer when using the functionality of the Site (including, but not limited to, incorrect data when placing an order for a service, other similar circumstances);
- use (inability to use) and any consequences of use (inability to use) by the Customer of the form of payment for services under the Agreement chosen by him;
- for actions (inaction) of banks or third parties involved in settlements when paying for services or returning funds in established cases.
5.4. The Contractor makes all reasonable efforts to prevent failures and malfunctions in the operation of the Site, but does not guarantee its uninterrupted operation, is not liable and does not compensate for losses that have arisen or may arise in connection with technical failures and interruptions in the work of the provider, other persons or services, restriction of access to the Internet or Internet resource

for any reason, failure by the Customer to ensure the safety of access data to his Personal Account and other circumstances beyond the competence of the Contractor.
5.5. Neither Party shall be liable for any failure to fulfill its obligations in whole or in part if such failure is a consequence of force majeure circumstances (including, but not limited to, fire, flood, earthquake and other natural disasters, strikes, war and military actions, epidemics, pandemics or other circumstances beyond the control of the Parties) that prevent the fulfillment of this Agreement and arise after its conclusion.
5.6. If the Customer fails to fulfill (improperly fulfills) its obligations under the Agreement, including the obligations specified in clause 4.2. of the Agreement, the Contractor shall have the right to terminate this Agreement by unilaterally refusing to fulfill it out of court by sending a notice of such refusal in electronic form to the email address to which the Contractor previously sent the data for accessing the Course. This Agreement shall terminate on the day the Contractor sends the relevant notice or within the period specified in the notice, and access to the Course materials shall be deactivated within the same period.

6. Intellectual Property. Confidentiality
6.1. As part of the provision of Services by the Contractor, the Customer shall be granted access to the intellectual property of the Contractor and/or third parties with whom the Contractor has concluded relevant contracts/agreements (hereinafter referred to as Intellectual Property).
Intellectual Property shall include the results of intellectual activity of the Contractor and/or third parties, including, but not limited to, audiovisual materials, computer programs, LMS (learning management system), methodological and/or reference materials, assignments, information resources.
6.2. The Customer, with respect to Intellectual Property, is obliged to:
- refrain from any actions that violate the rights of the Contractor and/or third parties to the Intellectual Property, in particular, not copy, record, reproduce, distribute in any form, alter, or use to create derivative works any Intellectual Property without the written permission of the Contractor;
- immediately notify the Contractor of any known facts of violation of the intellectual property rights of the Contractor and/or third parties;
- not provide their authentication data for access to the account, Personal Account on the Site to third parties. In case of loss, as well as in cases of illegal access to the login and password by third parties, the Customer undertakes to immediately notify the Contractor by sending a notification to the address: _____________________________________
Until the moment of sending the specified notification, all actions are considered to be performed by the Customer.
6.3. Confidential information includes any information related to the process of rendering services by the Contractor, which is not published by the Contractor in the public domain and is not available to the general public. The Customer undertakes not to disclose confidential information and other data provided by the Contractor in the course of rendering services (except for publicly available information) to third parties without the prior written consent of the Contractor.
6.4. The Contractor has the right to use objects created by the Customer during the study of the Course materials in its marketing and/or advertising materials, as well as to mention the Customer as a user of the Software and a client.

7. Other conditions
7.1. The Customer confirms that he is legally competent and has reached the age required in accordance with the legislation of the Kyrgyz Republic to conclude transactions using the Site.
7.2. The Customer confirms that he/she is aware and unconditionally agrees that he/she may be denied the Service in the following cases:
- failure to confirm payment authorization by the Bank or electronic payment system;
- initiation by the Customer of the procedure for the return of funds in the cases and manner stipulated by the Agreement;
- in other cases stipulated by the legislation of the Kyrgyz Republic or this Agreement.

8.    Final Provisions
8.1. This Agreement shall be deemed concluded from the moment the Customer performs the actions stipulated by clause 2.4. of the Agreement, and shall be valid until the Parties fulfill their obligations.
8.2. The Contractor has the right to change the terms of this Agreement, introduce new terms or appendices to this Agreement without prior notice to the Customer.
The Customer, knowing about the possibility of such changes, agrees that they will be made. If the Customer continues to perform this Agreement, including __________________________________________________________, the Site after such changes, this means his consent to such changes.
8.3. The text of the changes and / or additions to this Agreement, or its new version shall be communicated to the public by the Contractor by posting the relevant information on the Site.
8.4. The Parties unconditionally agree that silence (the absence of written notices of disagreement with individual provisions of this Agreement, including changes in tariffs) is recognized as consent and accession of the Customer to the new version of this Agreement.
8.5. This Agreement may be terminated by agreement of the parties.
Each Party has the right to terminate this Agreement unilaterally by sending the other Party a notice through the Personal Account or by e-mail no later than 15 (fifteen) calendar days before the planned termination date.
8.6. If any of the terms of this Agreement loses legal force, is recognized as illegal or is excluded from this Agreement, this does not entail the invalidity of the remaining terms of this Agreement, which will retain legal force and are binding on the Parties.
8.7. All issues not regulated by this Agreement shall be resolved in accordance with the current legislation of the Kyrgyz Republic.
8.8. All disputes, claims and disagreements that may arise between the Parties shall be resolved through negotiations. If it is impossible to resolve disputes in this manner, the Parties shall apply to the court in the manner prescribed by the current legislation of the Kyrgyz Republic, with mandatory compliance with the pre-trial dispute resolution procedure.
The Party that believes that its rights under the Agreement have been violated shall be obliged to file a claim with the other Party. The claim shall be deemed to have been duly filed if sent to the other Party in any way that makes it possible to establish the identity of the sender and the fact of delivery of the correspondence to the recipient. The fact of return of the correspondence indicating the absence of the recipient shall not prevent an appeal to the court. Attachment to the claim of copies of documents substantiating and confirming the presented requirements, if these documents are available to the second Party, is not mandatory.
The Party that received the claim shall, within 10 (ten) business days from the date of its receipt, notify the second Party in writing of the results of the consideration. Failure to receive a response or reasoned objections to a claim within the specified period shall be considered as agreement with the claim and the circumstances set out therein.
8.9. The Parties acknowledge the legal force of documents sent via electronic means of communication or the Personal Account on the Website.
8.10. The Customer gives his consent to the Contractor to process the personal data of the Customer specified by him when applying for the services of the Contractor and/or when registering on the Website, as well as in the Personal Account on the terms stipulated by the Personal Data Processing Policy posted on the Website.
8.11. The Customer gives his consent to the Contractor for the Contractor to use the Customer's reviews about the Contractor and the Services provided by it, posted by the Customer on the Internet, including those left by the Customer in the Contractor's official groups in social networks, without indicating the full name (last name, first name and patronymic) of the Customer and without using the Customer's image in any way, including, but not limited to, processing, including shortening, changing that does not distort their meaning, for the purpose of posting such reviews on the Contractor's official websites, on the Contractor's pages in social networks, in advertising and other materials of the Contractor, inclusion in the texts of informational mailings to the Contractor's clients. This consent is valid from the date of conclusion of the Agreement. This consent may be revoked by the Customer at any time by sending a written statement to the Contractor's address specified in the Agreement. 8.12. The Customer gives his consent to the Contractor to receive from the Contractor advertising messages, newsletters about the products, services of the Contractor and its partners, about promotions, discounts and special offers, sweepstakes, contests, surveys to the Customer's email address, by the Customer's phone number, including in messengers, including "Viber", "Telegram", "WhatsApp", by mailing, SMS messages, push notifications, as well as communicating such information to the Customer orally by telephone.

9. Details of the Parties
9.1. The Parties agree to consider the details of the Customer to be the information specified by him upon registration on the Site and/or submitting an application for access to the Course, and/or paying for the services of the Contractor.
9.2. Details of the Contractor:

___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
Didn't find what you were looking for?
Leave a request, and we'll find the tour of your dreams and answer all your questions.