18 February 2019 year
TATSIANA ANTONCHANKA "Art & Design Life school" (hereinafter referred to as the CONTRACTOR), by this public offer, offers any individual or legal entity, as well as an individual entrepreneur (hereinafter referred to as the CUSTOMER) to conclude an Offer Agreement for the provision of services for holding events (hereinafter referred to as the Contract).
In accordance with the Legislation of the Republic of Poland, in case of acceptance of the conditions set out below and payment for services, the person accepting this offer becomes the CUSTOMER (acceptance of the offer is equivalent to concluding an agreement on the terms set out in the offer).
In connection with the above, carefully read the text of this Agreement; if you do not agree with any clause of the Agreement, the CONTRACTOR invites you to refuse any actions necessary for acceptance, or to enter into a personal agreement on terms separately discussed with the CONTRACTOR.
Full and unconditional acceptance of this offer is the payment by the CUSTOMER for the Services offered by the CONTRACTOR. In relation to the Services offered by the CONTRACTOR on promotions (special offers, if any) with terms of payment in installments, full and unconditional acceptance of this offer is the payment by the CUSTOMER of the first part of the amount agreed upon by the parties.
Attention! The conditions for participation in the Event are specified in the Rules of Participation).
1. GENERAL PROVISIONS
1.1. The subject of this Agreement is the provision by the CONTRACTOR of services for conducting events (coaching and mentoring sessions, courses, seminars, online courses, webinars) further Event for the CUSTOMER subject to availability and/or compliance of the CUSTOMER with the necessary criteria for receiving the service. The CUSTOMER can find a detailed description of the Event itself on the CONTRACTOR’s website http://artdesignlife.school
at the Events page.
1.2. Under this Agreement, the CONTRACTOR provides the following services:
- preparation of the program of the Event;
- development of a calendar plan for the Event;
- holding the Event;
- consulting support;
- full organizational support of the Event.
1.3. Conditions, term (date), duration and place
of the Event are indicated in the “Schedule” section on the Event Page; the date and time of the Event can also be communicated by representatives of the CONTRACTOR to the CUSTOMER by sending a corresponding notification to the CUSTOMER’s contact e-mail message, while the CUSTOMER is obliged to independently and in advance verify receipt of the notification coming from the CONTRACTOR .
1.4. The conditions for the possibility of participation in the Event through online viewing are specified in the Rules. Online viewing is carried out exclusively in places (premises) at the choice of the CONTRACTOR. The address of the location of the online broadcast and the start time are indicated in the notification, which is sent to the CUSTOMER’s contact e-mail.
1.5. The CUSTOMER concludes this Agreement by performing the following actions (acceptance of the public offer):
1.5.1. Submitting an Application for an Event on the website http://artdesignlife.school
on the Event Page and/or subdomains of the website or invoice agreement.
1.5.2. Payment for participation in the Event (by clicking the “pay” button, the CUSTOMER agrees to the terms of this Agreement).
1.6. The cost of participation in the Event is indicated on the website of the CONTRACTOR.
1.7. This Agreement is considered concluded and comes into force for the Parties from the date of payment for services by the CUSTOMER. Payment is made in the amount of 100% prepayment (another payment procedure is possible in accordance with the terms of the promotion (special offer), as well as in cases after additional agreement with the CONTRACTOR, or in accordance with the conditions of partner banks when using borrowed funds). The date of payment is the date of debiting funds from the CUSTOMER's current account to the CONTRACTOR, or depositing them into the CONTRACTOR's cash desk (if there is an agent, to the CONTRACTOR's agent's cash desk), or the date of transfer of funds
to the courier of the CONTRACTOR (if the CONTRACTOR has such an opportunity), or the date of receipt by the CONTRACTOR of funds from partner banks when the CUSTOMER uses borrowed funds.
2. CONDITIONS OF PARTICIPATION IN THE EVENT
2.1. To participate in the Event, the CUSTOMER must submit an Application in the form posted on the website on the relevant Event Page. When filling out an Application, all reference information can be obtained by calling the phone number listed on the website http://artdesignlife.school
2.2. For registration of the Application the CUSTOMER is obliged to provide the following data: - name;
- contact e-mail;
- contact phone number (for communication).
2.3. The CONTRACTOR confirms receipt of the Application, assigns the Application number and provides payment details (if the payment was not made by the CUSTOMER on the CONTRACTOR's website in ways that do not require issuing an invoice).
2.4. The CUSTOMER pays for the services under this Agreement in the amount established by the CONTRACTOR.
2.5. Payment for the CONTRACTOR's services is carried out in one of the following ways:
- by payment by electronic money;
- by paying through payment terminals or Internet banking;
- by payment to the CONTRACTOR's bank account;
- in other ways by prior agreement with the CONTRACTOR.
In case of making a payment using a bank card, the CUSTOMER is recommended to use a bank card issued in the name of the CUSTOMER. In the case of a refund of paid funds, the refund is made using the same details by which the payment was received, and on the basis of a personal application from the person in whose name the bank card was issued. Payment is not accepted if a violation by the CUSTOMER of the terms of payment established by this Agreement and the Legislation of the Republic of Poland is detected.
2.6. By accepting the terms of the Offer, the CUSTOMER agrees, in accordance with current legislation, to the processing (hereinafter referred to as PD Processing) by the CONTRACTOR of the information provided by him and (or) his personal data. Processing of personal data is carried out using automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data in order to fulfill by the CONTRACTOR its obligations assumed under the terms of this Agreement, other obligations provided for in the Agreement, as well as in order to comply with the requirements of regulations on combating money laundering and other regulations. The period of use of personal data provided by the CUSTOMER is unlimited. The CUSTOMER also gives his consent to the processing and use by the CONTRACTOR of the information provided by him
and (or) his personal data for the purpose of sending, at the contact phone number and (or) contact email address specified by the CUSTOMER, newsletters (about the CONTRACTOR’s Activities) and/or advertising mailings about the services of the CONTRACTOR and/or the CONTRACTOR’s partner. Consent to receive the newsletter is considered given indefinitely until the CONTRACTOR receives written notification by email email@example.com
about refusal to receive mailings generated by the CONTRACTOR when registering the CUSTOMER on the Site. The CUSTOMER also gives his consent to the transfer, in order to carry out the actions provided for in this paragraph, by the CONTRACTOR of the information provided by him and (or) his personal data to third parties if there is a properly concluded agreement between the CONTRACTOR and such third parties.
2.7. When paying for services by a third party, in particular a legal entity, this person is considered the CUSTOMER. Payment is a fact of acceptance of this public offer. If at the end of the Event the CUSTOMER does not send claims to the CONTRACTOR, then the services within the framework of this
public offer are considered fully fulfilled. The CONTRACTOR does not issue reports or invoices to the customer and does not sign certificates of completed work. After the end of the event, the CUSTOMER is issued a certificate of completion of the course or seminar, if this is provided for in the rules of the event.
2.8. In the event that the condition for admission to participation in the Event is the passage of an appropriate interview or questionnaire, and the CUSTOMER provides the CONTRACTOR with false information about himself and his business, as well as provides other false data on the interview and / or questionnaire, the CONTRACTOR has the right to refuse to provide the CUSTOMER with services at any time from the date of discovery of the inaccuracy of the information provided.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The CONTRACTOR undertakes:
3.1.1. Provide the necessary information to complete the Application for participation in the Event. Information is posted on the CONTRACTOR's website at the Event Page address.
Provide consulting support regarding the services provided, the procedure and rules for completing the Application by email (email address for contacting the CONTRACTOR: firstname.lastname@example.org
from 10.00 to 19.00 on weekdays).
3.1.1. In case of changes in the conditions of the Event (price, date, venue and other changes), notify the CUSTOMER at least 1 (one) calendar day before the start of such changes.
3.1.2. Return the paid funds to the CUSTOMER in the event of complete cancellation of the Event by the CONTRACTOR.
3.2. The CONTRACTOR has the right:
3.2.1. Conduct photo and video shooting during the Event and use the materials obtained during photo and video shooting at your own discretion. The CONTRACTOR owns the exclusive copyright, as well as rights related to copyright in the specified materials; the use of materials obtained during photo and video shooting is possible only with the written permission of the CONTRACTOR.
3.2.2. The parties agree that the CONTRACTOR has the right to change the cost of services, dates and times of the Event, as well as other conditions for the Event and the terms of this
Agreement. The CONTRACTOR notifies the CUSTOMER about these changes by the specified e-mail. In this case, the CUSTOMER is obliged to independently and in advance verify receipt of the notification coming from the CONTRACTOR.
Notification of a change in the time and date of the Event can also be sent to the CUSTOMER no later than 23 hours 59 minutes Polish time on the day preceding the day the relevant changes come into effect by sending a corresponding letter to the contact e-mail or by phone call to the contact number specified by the CUSTOMER phone. Notification of changes in other conditions is also posted on the social networks of the Event.
3.2.3. Develop the program of the Event and determine the number and composition of speakers at the Event, the location of the event.
3.2.4. In case of non-payment (incomplete payment) of the cost of the Services within the established time limits, in case of untimely provision of data for filling out the Application, or if false data is indicated when filling out the Application, this Agreement is not considered concluded. The conditions of this paragraph do not apply when paying for the Services offered by the CONTRACTOR and paid by the CUSTOMER under the terms of the promotion (special offer) held by the CONTRACTOR.
3.2.5. The CUSTOMER agrees that in the event
violation by the CUSTOMER of clauses 3.3.5, 3.3.9., 3.3.10 of this Agreement, the CONTRACTOR has the right not to allow the CUSTOMER to attend the Event and not return the money paid for participation in the Event, because the CUSTOMER's actions will be considered a unilateral refusal of the obligations assumed.
3.3. The CUSTOMER undertakes:
3.3.1. Independently and promptly familiarize yourself with the date, time, cost, conditions of the Event, before submitting the Application, as well as changes in these conditions, with the current version of the Agreement each time you visit the Site, including after accepting the Offer.
3.3.2. When filling out an Application for the provision of services by the CONTRACTOR, fill in the required mandatory fields (in accordance with clause 2.2 of this Agreement) on the Application page indicating the selected Event and reliable information.
3.3.3. Pay for the selected Event on the terms and at the cost applicable to the relevant Event at the time of payment. The current conditions and cost, as well as information about promotions (special offers) are posted on the website http://artdesignlife.school
and/or its subdomains.
3.3.4. In case of transfer of the right to participate in the Event to a third party (if this right has been granted in a specific Event), not later than 2 (two) working days before the start of the Event, notify the CONTRACTOR about this and inform in writing all the necessary data of the new CUSTOMER, in accordance with clause 2.2 of this Agreement. In case of transfer of the right to participate in the Event to a third party, the terms of this Agreement, including sections b and clause 7.3, also apply to such person.
3.3.5. Attend all days when the Event paid for by the CUSTOMER is held, and also complete and provide the CONTRACTOR for verification of the task before the start of the next day of the Event if the Event requires the completion of such a task. In cases where this is provided for by the terms of the Event, the provision of the completed task is a mandatory condition for the CUSTOMER’s admission to participate in the next day of the Event. If the task is not completed, the CONTRACTOR reserves the right to not allow the CUSTOMER to participate in the next day of the Event, because The CONTRACTOR believes that failure to complete the task affects the quality of service provision.
3.3.6. If the conditions of a particular Event allow a change in the place (city) where the CUSTOMER planned to attend the Event in person (hereinafter referred to as a change of city) or a change in the format of participation from online to in person in another city (hereinafter referred to as a change in format),
The CUSTOMER must notify the CONTRACTOR of its intention to change the city and / or format. Notifications are sent to email@example.com
at least 3 (three) working days before the start of the first day of the Event in the respective city, in case of a change in city and in case of a change in format. The format change is made for all days of the Event and is not subject to reverse change. This condition applies exclusively to CUSTOMERS who have fully paid for the service in the amount of 100% (prepayment). If the cost of services when changing the city and / or format of participation is higher than the amount paid by the CUSTOMER, then this service is provided subject to additional payment by the CUSTOMER of the required amount no later than 3 (three) working days before the start date of the Event. If the CUSTOMER does not agree to make an additional payment under the terms of this paragraph, the CUSTOMER retains the right to receive services in the amount of the previously paid Event (in the previously selected city where the CUSTOMER planned to attend the Event and in the previously selected format) or the CUSTOMER has the right to refuse to participate in the Event, if In this case, the CUSTOMER is returned the funds in the amount and on the conditions provided for in clause 3.3.8. actual agreement.
If it is impossible to provide the service by the CONTRACTOR in the city and/or format after the CUSTOMER changes the city and/or
format, the CUSTOMER has the right to demand the return of the paid funds in full.
3.3.7. Immediately notify the CONTRACTOR about changes in your contact information in writing via contact e-mail.
3.3.8. Notify the CONTRACTOR in writing (including by means of contact e-mail) by sending to the CONTRACTOR's address an appropriate application duly executed (the template is provided by the CONTRACTOR at the request of the CUSTOMER) to notify the CONTRACTOR of refusal to participate in the Event. Requesting an application template is the responsibility of the CUSTOMER. In all cases of refusal to participate in the Event, the CUSTOMER provides the CONTRACTOR with a written application. In the absence of such an application, the funds will not be returned by the CONTRACTOR. 126.96.36.199.
If the CUSTOMER notifies the CONTRACTOR of his refusal to participate in the Event no later than 14 (fourteen) calendar days before the start of the Event, then the CONTRACTOR returns the money in the amount of 100% of the amount paid by the CUSTOMER. 188.8.131.52.
If the CUSTOMER notifies the CONTRACTOR of his refusal to participate in the Event less than 14 (fourteen) calendar days, but not less than 10 (ten) calendar days before the start of the Event, then the CONTRACTOR returns the money in the amount of 50% from the amount paid by the CUSTOMER. 184.108.40.206.
If the CUSTOMER notifies the CONTRACTOR of his refusal to participate in the Event less than 10 (ten) calendar days, but no less than 7 (seven) working days before the start of the Event, then the CONTRACTOR returns the money in the amount of 30% from the amount paid by the CUSTOMER. 220.127.116.11.
If the CUSTOMER does not notify the CONTRACTOR less than 7 (seven) business days before the start of the Event about his refusal to participate in the Event, the funds will not be returned to the CUSTOMER. For Services purchased in a “package”, information about which is posted on the website and reflected in the Rules, the beginning of the Event is the first day of any of the Events included in the “package”.
In any case, upon refusal to participate in the Event, the CUSTOMER is obliged to reimburse the CONTRACTOR's actual expenses, including all payment system fees charged when transferring funds to and from the CONTRACTOR's account.
3.3.9. Come to the Event in advance to ensure timely registration for the Event. A late CUSTOMER is not allowed to participate in the Event until the next break (in accordance with the Event program). Paid funds will not be returned. Comply with all the rules for participation in the Event reflected in this Agreement, announced by the speakers during the event and otherwise made known to the CUSTOMER. If the rules of participation in the Event are violated, the CONTRACTOR is not responsible for the quality of the service.
3.3.10. Maintain order and discipline both when registering for the Event and during the Event, including the rules and conditions specified in the Group Rules, do not create inconvenience for other CUSTOMERS by your actions, and do not interfere with the Event. If the terms of this paragraph are violated, the CONTRACTOR reserves the right to not allow the CUSTOMER to participate in the Event or to remove the customer from the site where the Event is held.
3.4. The CUSTOMER has the right:
3.4.1. Require the CONTRACTOR to comply with the terms of this Agreement.
3.4.2. One-time transfer of participation in the Event, which is fully paid for, to another nearest date for an identical Event (hereinafter referred to as freezing), notifying the CONTRACTOR about this no later than 14 (fourteen) calendar days before the start date
holding an Event, participation in which is postponed or until the date of the first day paid for by the CUSTOMER of the Event. Moreover, in the event of an increase in the cost of the Event, the participation in which has been postponed by the CUSTOMER, the CUSTOMER undertakes to make the appropriate additional payment no later than 7 (seven) working days before the start of the Event, to the day of which the CUSTOMER’s participation was postponed. The CUSTOMER agrees that, in the event of the CUSTOMER’s refusal to participate in the Event after the “freezing”, the service is considered provided to the CUSTOMER and the funds paid by the CUSTOMER cannot be returned.
3.4.3. Freezing is carried out in the presence of an application
issued by the CUSTOMER. The CUSTOMER is obliged to request the application form from the CONTRACTOR when notifying the latter of the need for freezing.
4. LIABILITY OF THE PARTIES
4.1. In cases of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties are liable in accordance with the Legislation of the Republic of Poland, taking into account the terms of this Agreement.
4.2. The CONTRACTOR shall not be liable in the event of improper provision of the service, if the improper performance was the result of the inaccuracy, insufficiency or untimeliness of the information provided by the CUSTOMER, as well as due to other violations of the terms of this Agreement by the CUSTOMER.
4.3. The CONTRACTOR is not responsible for the failure of the service provided to meet the CUSTOMER's expectations and/or for his subjective assessment; such a failure to meet expectations and/or a negative subjective assessment is not a reason to consider the services provided to be of poor quality or not to the agreed extent.
4.4. The CONTRACTOR shall be released from liability for full or partial failure to fulfill the obligations stipulated by this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure ).
4.5. The CUSTOMER undertakes to provide accurate information when filling out (re-issuing to a third party) the Application; the CONTRACTOR has the right to refuse participation in the Event to a person not listed in the list of participants. The final list of participants is formed by the CONTRACTOR 3 (three) working days before the start of the Event.
4.6. In the event that the CUSTOMER, for reasons beyond the control of the CONTRACTOR, did not attend the Event and did not notify the CONTRACTOR of his desire to refuse to provide services within the time limits specified in clause 3.3.8. of this Agreement or notified after the day of the Event, the service is considered to be provided properly and the funds paid to the CONTRACTOR are not refundable
are subject to. The CUSTOMER agrees that those specified in clause 3.3.6., clauses. 18.104.22.168 - 22.214.171.124. deductions are a penalty determined by the parties, which the CUSTOMER is obliged to pay to the CONTRACTOR in connection with the failure to fulfill the obligations assumed by the CUSTOMER to notify the CONTRACTOR.
4.7. The CUSTOMER agrees that in the event that the CUSTOMER is not allowed to participate in the Event due to failure to complete the task in clause 3.3.5., the funds are not returned to the CUSTOMER and are a penalty determined by the parties, which the CUSTOMER is obliged to pay to the CONTRACTOR in connection with the failure to fulfill the CUSTOMER’s obligations on of the obligations necessary for the quality provision of services by the CONTRACTOR.
5. DISPUTE RESOLUTION
5.1. All disputes and disagreements arising in connection with the execution of this Agreement are resolved by the Parties through negotiations.
5.2. In case of failure to reach an agreement between the Parties, all disputes are considered in court, in accordance with the Legislation of the Republic of Poland at the place of service provision.
6. RESULT OF INTELLECTUAL ACTIVITY
6.1. All information materials provided by the CONTRACTOR to the CUSTOMER during the Event, as well as the results of photo and video filming received by the CONTRACTOR during the Event, are the result of intellectual activity, the exclusive copyright, including rights related to copyright, belongs to the CONTRACTOR.
6.2. Taking photographs, audio and/or video recording of the Event is possible only with the permission of the CONTRACTOR. Use of the results of intellectual activity without written
consent of the CONTRACTOR is a violation of the exclusive right of the CONTRACTOR, which entails civil, administrative and other liability in accordance with the current Legislation of the Republic of Poland.
6.3. Also, the CUSTOMER does not have the right for commercial purposes to copy audio and video materials of the CONTRACTOR’s Events broadcast online, in whole or in part, to record broadcasts of Events, as well as to record the content of such Events in whole or in part in any way and/or on any tangible media , as well as use the content of these Events without the written consent of the CONTRACTOR, which will be considered a violation of the exclusive right of the CONTRACTOR and entails civil, administrative and other liability in accordance with the current Legislation of the Republic of Poland.
7. OTHER CONDITIONS
7.1. This Agreement is valid until the Parties fulfill all obligations.
7.2. The Application filed by the CUSTOMER, which is filled out on the CONTRACTOR's website, is an integral part of this Agreement. 7.3. By concluding this Agreement, the CUSTOMER consents to the use of information about himself, his relationship with the CONTRACTOR, his personal data transferred to the CONTRACTOR as part of the execution of this Agreement, the publication of materials on the fact of receiving the CONTRACTOR's service by the media - television, radio, on the Internet, print publications , social networks, as well as the publication of these materials on the official website and social resources of the CONTRACTOR.
By concluding this Agreement, the CUSTOMER consents to the use of the CUSTOMER's image included in the results of intellectual activity. If the CUSTOMER does not agree to grant the rights to use his image, he notifies the CONTRACTOR in writing by e-mail firstname.lastname@example.org
7.4. In all other respects that are not provided for in this Agreement, the Parties will be guided by the current legislation of the Republic of Poland.
7.5. The CUSTOMER confirms that all the terms of this Agreement are clear to him, and he accepts them unconditionally and in full.
TATSIANA ANTONCHANKA "Art & Design Life school"