Public Offer Agreement

1.1. The following terms and their definitions are used for the purposes of this offer.

1.2. Information and consulting services are the services in remote consulting of the Listener, provided at the request of the Customer through electronic channels of voice and video communication in the form of training sessions in accordance with the program of services (hereinafter - services) developed by the Contractor.

Information and consulting services include a set of training sessions with the Listener, description, number and duration of which is specified on the site. The client can choose the set of classes by himself or after preliminary consultation with the Provider.

Lessons are held in the order specified on the Contractor's website.

The rules of preparation for the lessons and presence at them for the Listener and recommendations on preparation for the lessons, as well as other background information is placed on the Contractor's website.

1.3. The service provision program is a list of organizational, information and consulting events or classes that determine the methods and format of the Listener's distance learning.

1.4. The Client: a person with legal or natural ability who has applied to itgenio.net with the intention to purchase the Contractor's services or who has purchased and uses the service (the result of the service) for needs not related to business activities.

1.5. A listener is a natural person who is the direct recipient of information and consulting services.

1.6. Contractor: ITGENIO LP, partnership number SL035285,
Adress: 5 South Charlotte Street, Edinburgh, Scotland, EH2 4AN

1.7. Website is a set of linked web-pages placed in the Internet at the unique address (URL) https://itgenio.net, as well as its subdomains.

1.8. Subdomains are the pages or set of pages located on the third level domains belonging to the itgenio.net website, as well as other temporary pages, the bottom of which contains the contact information of the Contractor.

1.9. Automatic top-up (hereinafter Autopayment) - a type of bank payment, which implies automatic debiting of a bank payment card without the need for any action on the part of the cardholder for the received services, goods or information.

1.10. A bank payment card is a universal payment instrument enabling payment for goods and services in trade and service organisations, on the Internet, cash withdrawals from ATMs and cash points, a wide range of financial transactions through remote banking channels Internet-banking, SMS-banking, M-banking.

1.11. Individual Learning Format (hereinafter - IF) is a form of education, in which the learning process is carried out according to an individual curriculum, focused on the progress of the student and his interests.

1.12. Individual-Group Learning Format (hereinafter - IGF) is a form of education, which provides training of a group of students, but with an individual approach. The tutor takes turns with each student, and the program is based on the student's age, skill level, and academic performance.

2.1. This public offer is an official offer of the Contractor to an undefined number of people to conclude a contract for the provision of services on the conditions defined in this offer.

2.2. The agreement concluded on the basis of this offer is public, because it can be concluded with anyone who accepts this offer.

2.3. The proper acceptance (acceptance of the present offer) and the moment of conclusion of the contract of compensatory rendering of services is the payment by the Customer of the set of classes selected on the website in the form of 100% prepayment in the order determined by the present offer.

2.4. The agreement concluded on the basis of this offer is a contract of accession, because its terms and conditions can be accepted by the Customer not only by joining the proposed terms and conditions as a whole, without exceptions and additions.

2.5. The agreement on the basis of this offer is considered to be concluded from the moment of payment receipt by the Contractor on the terms of this offer.

2.6. The Agreement concluded on the basis of this offer shall be considered concluded in writing in accordance with paragraph 3 of Article 404 of the Civil Law of the Republic of Belarus.

2.7. The terms of the agreement concluded on the basis of this offer are determined by the Contractor. Provider has the right to unilaterally change the conditions of the offer, including the cost of services and the order of payments. The current version of the public offer is placed on the Provider's website at https://itgenio.net/oferta. Changes in the public offer don't apply to previously concluded agreements.

2.8. The parties shall prepare primary accounting documents confirming the fact of rendering services personally on the basis of paragraph 2, item 1 of Resolution of the Ministry of Finance of the Republic of Belarus No. 13 of 12/02/2018 "On the Personally Preparing Primary Accounting Documents".

2.9. Before the beginning of the training, a new student has the opportunity to attend a free trial lesson. The trial lesson involves getting to know the school, the format of the class, and testing the student's knowledge.

3.1. The Contractor undertakes:
3.1.1. to provide services properly in accordance with the terms of the concluded agreement and the current legislation of the Republic of Belarus according to the interests of the Customer and the Listener;

3.1.2. to inform the Customer about the services' progress to the Listener through the Listener's Personal Cabinet on the website.

3.1.3. in the case of the Customer’s withdrawal from the contract after making the first payment, return the funds to the Customer in the amount of paid but not passed classes on the date of termination of the contract, less the actually incurred costs.

3.2. The Contractor has the right:
3.2.1. immediately suspend the provision of services in cases:

- breach of discipline by the listener, expressed in the non-execution or improper execution of instructions and remarks of the Contractor;
- breach of the Customer's obligation to pay for the services provided;

3.2.2. unilaterally refuse to perform the service agreement, concluded on the basis of this offer, in cases:

- unsatisfactory result of preliminary testing of the Listener;
- unsatisfactory result of the intermediate testing of the Listener;
- systematic (more than three times) breach of discipline by the Listener, including non-compliance with instructions and comments of the Executive, breach of the program of classes and homework, breach of rules and recommendations posted by the Executive on the site;
- non-conformity of the Listener's equipment to the requirements established by the Executor and refusal of the offer to correct the defects of the equipment;
- identification of insufficient communication data of the Listener (lack of language knowledge required for communication with the Executor or knowledge on a low level that doesn't allow the Listener to communicate with the Executor) or insufficient user data.
In this case, the Customer pays for the services actually provided by the Contractor.

3.2.3. independently determine the methods, means and order of rendering services to the Listener;

3.2.4. to conduct preliminary (before the first session) and intermediate tests of the Listener for basic skills, mastering of new material, assessment of the Listener's performance;

3.2.5.to use intellectual property objects of the Listener, created during the period of rendering the services, for illustrative, demonstration, advertising and marketing purposes, including, but not limited to publication in the Internet and use in printed materials, indicating the author in all cases when it is considered possible by the Contractor;

3.2.6. to make audio and video recordings of classes in order to control the quality of services provided;

3.2.7. to use the contact information provided by the Customer/Helper when registering (filling in the application form) to ensure proper provision of services;

3.2.8. to involve third parties in the provision of services for the purpose of timely and quality provision of services;

3.2.9.to change the cost of services rendered unilaterally without prior notice, except for the cost of services already purchased by the Customer.

3.3. The customer undertakes:
3.3.1. to ensure that the Listener attends the lessons at all times, and in case of absences for a valid reason (illness of the Listener, family circumstances) should warn the Contractor at least 8 hours before the start of the lesson;

3.3.2.to ensure that the Listener follows the instructions and remarks of the Contractor;

3.3.3. to provide the Contractor with all information and data necessary for the provision of services by the Contractor;

3.3.4.to ensure that the Listener's computer corresponds to the minimum requirements:
- system requirements: operating system: Windows 7/8/8.1/10, Mac OS X 10.9, 10.10, 10.11; RAM: 2 GB and above, processor: 2-core processor 1.8 GHz;
- headphone and microphone availability;
- presence of a computer mouse;
- Internet connection at a speed of 1 Mbit/sec;
- installed Internet browser Google Chrome the latest stable user version with auto update enabled;
- availability of a Skype account and the ability for using it for lessons;
- knowledge of Russian or English at the level that allows communicating with the Contractor;
- minimal user skills.

3.3.5. before concluding a contract for the provision of services on a reimbursable basis, read the Privacy Policy of personal data, background information and other Contractor's recommendations, posted on the site as well as consent to the collection, processing and storage of information about their private life (minor children - Listeners), which may become known to the Contractor as a result of the audio, video recording. Performing the acceptance means the agreement of the Customer with these documents.

3.4. The customer has the right:
3.4.1. to choose the duration of the class (1 or 2 astronomical hours);

3.4.2. to make up for the missed lesson according to the conditions of the offer;

3.4.3 activate the "Autopayment" service by selecting "Autopayment";

3.4.4. unilaterally withdraw from the contract of paid services concluded on the basis of this offer with prior notice to the Contractor within a reasonable time.
The contract shall be terminated 5 days after the Contractor receives the Customer’s written application for withdrawal from the contract by means of electronic communication.
The Customer’s application to withdraw from the contract shall contain:
• Customer’s name and surname;
• Name of the service;
• Reason for cancellation of the contract;
• The date;
• The number of classes paid;
Number of classes paid for by the Customer but not used;
• Bank details of the Customer’s account.

Term of consideration of the application and return of funds is made within ten (10) working days from the date of receipt of the Contractor’s application for withdrawal from the contract. Refunds are available if the Customer has not made more than one payment.

4.1. The cost of the Contractor's services and possible payment methods are published on the website of the Contractor itgenio.net. The cost of services is formed depending on the region of the Customer's location.

4.2. Service "Autopayment" allows the Customer to pay for services of the Executor by automatic writing off of financial means from a bank payment card of the Customer in the amount which is specified on a site of the Executor.

4.3. The write-off is made at the end of the current paid number of lessons by the Contractor. In case of unsuccessful write-off, a second attempt will be made every 24 hours.

4.4. The Customer can cancel the "Autopayment" service by deactivating the "Autopayment" service in the personal cabinet or through the Administrator of the Executor's website.

4.5. In case of the absence of a Listener without a valid reason and without prior notice no later than 8 hours before the beginning of the class, the cost of the missed class is not refunded.

4.6. The Listener has the right to make up for the missed class at another time within 6 calendar days from the date of the missed class, having previously agreed with the Contractor. It is prohibited to start making up for the missed lesson for the period of the previously agreed one.

4.6.1. The Customer has the right, through the administrator of the Contractor, to reallocate the previously paid payment for a package of certain classes to another class format or of different duration, using the following ratios:
1 IGF session of 2 hours = 1.5 IGF sessions of 1 hour (1:1.5);
1 IF session = 2 IGF sessions of 1 hour (1:2)

4.7. The lesson which did not take place due to technical reasons or through the fault of the Contractor is not payable.

4.8. The provision of services is carried out in several steps, equal to a calendar month. The absence of a written complaint about the quality of services provided within five working days from the end of the stage of services means the acceptance of services in full and the absence of claims about the quality of services provided.

5.1. The Contractor is not responsible for improper provision of services as a result of non-performance and (or) improper performance of his duties by the Client / Listener.

5.2. The Contractor is responsible for improper quality of provided services in accordance with the legislation of the Republic of Belarus.

5.3. The parties shall be relieved of responsibility for partial or full non-fulfillment of their obligations if they prove that this has occurred due to force majeure circumstances (natural disasters or other circumstances that cannot be foreseen or prevented). In case of occurrence of the above circumstances, the Parties reserve the right to make appropriate changes to the concluded agreement or to terminate the agreement after mutual settlements. In case of termination of the contract as a result of force majeure circumstances, the Customer shall pay the Contractor the cost of actually provided services.

5.4 Disputes and disagreements arising in the course of the implementation of the contract, the parties shall try to settle through negotiations. The parties have set the term for consideration of claims - 10 (ten) calendar days. Disputes arising in connection with the execution of the contract and not settled through negotiations shall be considered in accordance with the legislation of the Republic of Belarus. The Applicable law is the law of the Republic of Belarus.

6.1. Agreement on the basis of this offer is considered to be concluded from the moment of proper acceptance by the Customer and until the parties fulfill their obligations in full.

6.2. The Agreement may be terminated prematurely by agreement of the parties. The Agreement can be terminated ahead of schedule unilaterally in cases and on conditions provided by this offer.

6.3. The Parties recognize the legal force of all notices and additions to the concluded contract, sent by electronic means of communication and personal cabinet of the Listener on the site.

6.4.The fact of rendering services under the concluded agreement may be used by the Contractor for marketing and advertising purposes.

6.5. The listener agrees with transfer of all intellectual property objects created by him within the concluded agreement to the Customer without receiving any reward for it.

6.6. In interpreting the provisions of the concluded agreement the parties shall be guided by the legislation of the Republic of Belarus.

6.7. This public offer is published on the website on June 18, 2020 and comes into force from the moment of publication.

ITGENIO LP

partnership number: SL035285
Address: 5 South Charlotte Street, Edinburgh, Scotland, EH2 4AN

Phone +447488811750,
E-mail: [email protected]