Public offer
of Almaty
An offer, according to paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, is an offer to conclude a contract. This document is hereinafter referred to as the offer/contract/agreement.
This Offer is posted on the website https://fenomen-school.com and http://shkolafenomen.s20.online / is publicly available and is an official public offer to conclude a contract on the following terms.
Acceptance (acceptance) of the conditions set forth in this public Offer is the receipt of funds from the User to the Contractor's account to pay for the services offered on the site.
Carefully read the text of this public Offer, as well as the information posted on the Site, and if you do not agree with their terms or with any clause of the terms, you are advised to refuse to accept the Offer and use the Site.
1. TERMS AND DEFINITIONS
The User is a capable person who has accepted this Offer.
The contractor is a limited Liability Partnership "School Phenomenon".
Website –Internet resources https://fenomen-school.com ; http://shkolafenomen.s20.online/
Personal account is an individual workspace on the Website provided by the Contractor.
The school is an online chess school "Phenomenon".
2. GENERAL PROVISIONS
2.1. The Contractor publishes this public Offer (offer) in accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan (hereinafter - the Civil Code of the Republic of Kazakhstan).
2.2. Any User, accepting the Offer, assures the Contractor that he is an adult or emancipated; if the User is a minor – that he has received the legal consent of a parent or legal guardian or trustee; if the User is the legal representative of a minor and accepts the Offer on his behalf – that he gives permission and is responsible for overseeing the receipt of services to minors. The Contractor reserves the right at any time to request the provision of information and documents confirming the above assurances.
2.3. The User unconditionally accepts all the conditions contained in the Offer as a whole (i.e. in full and without exceptions). The User is considered to have accepted all the terms of the Offer (acceptance of the Offer) in full and without exceptions, from the moment of receipt of funds to pay for the School to the Contractor's settlement account.
2.4. The Contractor reserves the right to unilaterally amend this Agreement by publishing them on the website, in connection with which the User undertakes to regularly monitor changes/ additions to the terms of this Offer posted on the website in the "Public Offer" section. Continued use of the Site by the User after the Contractor has made changes / additions to this Offer is regarded as unconditional and full acceptance and consent of the User with such changes / additions.
3. SUBJECT OF THE CONTRACT
3.1. In accordance with the terms of this Agreement, the Contractor provides the User with distance learning services at the chess school on a paid basis, and the User undertakes to accept and pay for the services provided.
3.2. A detailed description of the services and the cost are posted on the Website. The program of the School, the conditions and the cost of training depend on the choice of the training format.
3.3. The services are provided by subscription (subscription), information about subscriptions (subscription) is indicated on the Website.
3.4. Upon completion of the training course, the Contractor will provide by e-mail a certificate confirming that the User has completed the training course.
4. THE PROCEDURE FOR CONCLUDING AN AGREEMENT
4.1. After registering on the website, the User gets access to the Personal Account.
4.2. The acceptance of this Offer is the fact that the User pays for the Contractor's services.
4.3. Classes at the School are held using Skype or Zoom.
4.4. The schedule of classes is agreed between the Performer and the User, approved in correspondence and duplicated in the User's Personal Account.
4.5. If the User purchases a subscription (subscription) with free classes, free classes are debited at the end of the subscription period, after the paid classes.
4.6. The Services are considered to have been provided by the Contractor properly and accepted by the Contractor in full without drawing up acceptance certificates for the services rendered. If the User has complaints about the quality of the Contractor's services, claims are accepted within two hours after the provision of such services. If a claim is not received within the specified period, the services are considered to have been properly rendered and accepted.
5. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
5.1. The Contractor has the right to:
5.2. involve any individuals and legal entities to ensure timely provision of quality services;
5.3. appoint a teacher at its discretion, taking into account the goals of the User's training at the chess school, the level of skills, the subscription option (subscription), the availability of teachers' time;
5.4. replace the teacher (in case of his illness or other circumstances) by notifying the User in any possible way. If the User refuses to replace the teacher, the subscription (subscription) is suspended until the teacher returns;
5.5. cancel the User's reservation for the duration of the lesson if the payment for the lesson has not been received eight hours before the start of the lesson;
5.6. have access to information in Users' Personal Accounts for the purposes of organizing the functioning and technical support of the Site and the execution of this Offer;
5.7. suspend, restrict or terminate the User's access to the Personal Account without explanation, with or without prior notification, without being responsible for any harm that may be caused to the User by such an action;
5.8. change the schedule of classes with prior notification of the User 24 hours before the start of classes;
5.9. suspend classes at its discretion in case of public holidays or emergencies;
5.10. assign or in any other way transfer its rights and obligations arising from its relationship with the User to third parties without the User's consent;
5.11. refuse to provide services if it has reasonable grounds to believe that the User behaved inappropriately during the lesson (for example, was rude to the teacher);
5.12. Conduct audio recording, photo and video recording of classes, including with the participation of the User, in order to control the quality of services and for advertising purposes. At the same time, the User, accepting this Offer, gives the Contractor full and unconditional consent to the further use and publication of photos and videos for advertising purposes of the Contractor, including posting on the Internet without paying any remuneration to the User from the Contractor. All copyrights, related and other property rights to the captured photos and videos belong to the Performer.
5.13. The Contractor is obliged to:
5.14. take all necessary measures to protect the User's personal data from unauthorized access, modification, disclosure or destruction. Disclosure of the information provided by the User can be made only in accordance with the current legislation of the Republic of Kazakhstan;
5.15. if the teacher fails to contact the User at the scheduled start time of the lesson, the teacher is obliged to notify the User by phone or e-mail. The lesson is considered to have started according to the schedule, regardless of when the connection is established. If the teacher fails to contact the User, the lesson is considered completed and paid in full;
5.16. to ensure the provision of services in accordance with the conditions provided for in this public Offer.
6. RIGHTS AND OBLIGATIONS OF THE USER
6.1. The User has the right to:
6.2. get information about the teachers of the School, the duration of the course, the cost of classes;
6.3. reschedule or cancel the lesson twelve hours before it starts. Failure to comply with the specified deadline by the User means that the User agrees to the proposed time of the lesson, and if the User misses the lesson, the money paid will not be refunded;
6.4. cancel no more than one lesson per month (without paying for it), provided that you purchase a subscription (subscription) for at least one month;
6.5. reschedule up to three classes per month if the teacher has such an opportunity (if the classes are individual). You can check with the School administrator about this possibility. If group classes are selected, the User has the right to attend a class of another group once a month, if he does not have the opportunity to attend a class of his own group. Options for the schedule of classes are offered by the School administrator at the request of the User;
6.6. suspend classes in case of illness for fourteen days while maintaining the schedule of classes. The conditions for such suspension are the provision of a certificate of illness no later than 24 hours before the next lesson, as well as the availability of prepayment for services for at least one future lesson;
6.7. suspend classes for an extended period without saving the schedule of classes;
6.8. send the Contractor a request to replace the teacher. The request must be considered within 48 hours after it is sent, the final decision on the issue (on the replacement of the teacher or refusal to replace the teacher) is made by the Contractor. The Contractor can also warn the User about the need for additional time to make a decision;
6.9.1. to refuse services in compliance with the terms of this public Offer. The refund of funds for non-conducted classes is carried out within fourteen days after the termination of this agreement;
To receive a refund, you must fill out an application, attach a copy of the document indicating the User's data and details for transferring funds.
The Contractor has the right to withhold the costs incurred for processing payments.
6.9.2. If the User has purchased a subscription for a certain number of classes and refused the Contractor's services without using the subscription in full, the funds for the services not rendered are subject to refund to the User minus the expenses actually incurred by the Contractor. In this case, the cost of the Contractor's services for all classes attended by the User is calculated from the number of classes attended by the User multiplied by the cost of 1 (one) lesson set by the Contractor for a one-time lesson. The cost of the Contractor's services for all classes attended by the User, calculated in the manner specified in this paragraph, as well as the cost of educational materials and their delivery, is deducted from the cost of the subscription, and the amount remaining after deduction is payable to the User within 14 (fourteen) days from the date of receipt by the Contractor from the User of the application for refusal of services with bank details
6.10. The User is obliged to:
6.11. pay for the Contractor's services in full and in the manner provided for by this Offer and the information on the Website;
6.12. fully familiarize yourself with the terms of this Offer and the information on the Website before making the payment;
6.13. do not transfer your login and password to enter your Personal Account to other persons. If the User has not proven otherwise, any actions performed using his login and password are considered committed by the corresponding User;
6.14. contact the Performer (teacher) if the User does not receive a call or message from the teacher within five minutes after the scheduled start of the lesson. A lesson not conducted through the fault of the teacher is postponed to another time acceptable to the User;
6.15. provide the Contractor with all the data requested by the Site or the Contractor necessary for the provision of services;
6.16. not to disclose confidential information and other data provided by the Contractor during the execution of the agreement (with the exception of publicly available information) to third parties without the written consent of the Contractor.
6.17. The User is prohibited from:
6.18. misleading the Contractor about his identity, right and legal capacity;
6.19. to record, copy, distribute and transfer to third parties any materials provided to the User by the Contractor, as well as to perform any other actions not directly provided for in this Offer, but considers a violation of the exclusive right of the Contractor;
6.20. to create information products based on the knowledge and skills acquired during the course of the School, to process the video lessons of the School, as well as to use the information obtained in any other way except for personal use.
6.21. If the User commits a violation of these requirements, he is liable to the Contractor for losses caused by the fact of dissemination of information, including lost profits, and also undertakes to pay a fine in the amount of 1,000,000 (million) tenge.
7. PRICE AND PAYMENT PROCEDURE
7.1. The cost and payment procedure for the Contractor's services are indicated on the website https://fenomen-school.com/payment
7.2. Payment for services under this Agreement is made in the order of 100% prepayment for the lesson no later than eight hours before the start of the lesson. In case of payment for the lesson later than eight hours before its start, the Performer has the right to cancel the lesson.
7.3. If the payment is received in an amount less than the cost of the service (less than 100% of the cost of the service), the service is not provided.
7.4. The moment of payment is considered to be the receipt of funds to the settlement account of the Contractor or another person charging a fee on behalf of the Contractor specified by the Contractor.
7.5. The possibility of refunding payment for services not rendered due to the User's fault, as well as in the case of the User's refusal of services after the start of their provision, is not provided.
7.6. If the User refuses to receive services after purchasing
a subscription (subscription), the Contractor will refund the funds only if the User has reasonable claims to the quality of the Contractor's work.
The refund can be made after consideration of the claim
by the commission from among the employees of the Contractor within ten days.
7.7. The Contractor has the right to change payments and tariffs by publishing new conditions on the Internet on the Website, while the cost of prepaid classes does not change. Before making an advance payment for additional classes, the User must familiarize himself with the new tariffs. Consent to change the financial conditions is given by the User by making an advance payment. If the User does not agree with the changes, the agreement between the User and the Performer terminates after the completion of the already paid classes.
8. TECHNICAL REQUIREMENTS
8.1. The user is responsible for compliance with the minimum technical requirements throughout the lesson and for the organization of the workplace before the lesson. The Contractor is not responsible for the failure to provide services or their inadequate quality, if the reason was the lack of necessary software or technical problems with Internet connection.
8.2. Minimum system requirements for a PC:
Operating System: Windows 7/8/8.1/10, Mac OS X 10.12 and later;
Browser: GoogleChrome/ YandexBrowser/ Opera/ MozillaFirefox/ Safari Latest stable version;
RAM: from 4 GB and above;
Processor: Intel i3, i5, i7 at least 4th generation or AMD Ryzen 3, 5, 7 of any generation;
Internet connection: from 5 Mbit/sec;
The presence of a microphone and a webcam.
8.3. Recommended system requirements for PC:
Operating system: Windows 10, macOS 10.13 and later;
Browser: GoogleChrome/ YandexBrowser/ Opera/ MozillaFirefox/ Safari Latest stable version;
RAM: from 6 GB and above;
Processor: Intel i3, i5, i7 at least 5th generation or AMD Ryzen 3, 5, 7 of any generation;
Internet connection: from 10 Mbit/sec;
The presence of a microphone and a webcam.
8.4. Minimum system requirements for mobile devices (smartphone/tablet):
OS version: Android 7, iOS 12.3 or later;
Browsers: current version of Chrome, for iOS only Safari;
RAM: 2 GB or more;
Processor: 1.5 GHz (4-core) or more powerful;
Internet connection: from 5 Mbit/sec.
8.5. Recommended system requirements for mobile devices (smartphone/tablet):
OS version: Android 9, iOS 13 or later;
Browsers: current version of Chrome, for iOS only Safari;
RAM: 3 GB or more;
Processor: 2 GHz (4-core) or more powerful;
Internet connection: from 10 Mbit/sec.
8.6. Workplace organization:
8.6.1. Close all programs that may take up most of the Internet channel (for example, file sharing);
8.6.2. In order to conduct the lesson, the User must provide access to the microphone and camera on his technical device.
9. EXCLUSIVE RIGHTS
9.1. All results of intellectual activity and means of individualization posted on the Website and in the information and reference materials of the Contractor, created for classes with Users or created during classes, including drawings, graphic images (including illustrations), photographic works, texts, audiovisual works and any other protectable results of intellectual activity (hereinafter referred to collectively as - Content) are protected in accordance with the legislation of the Republic of Kazakhstan, including in accordance with international treaties with the participation of the Republic of Kazakhstan.
9.2. Except as expressly provided by the current legislation of the Republic of Kazakhstan and, the Content may not be used (including copied, published, reproduced, processed, distributed, sold or otherwise used) in parts or in full without the written consent of the Contractor.
10. PERSONAL DATA
10.1. The Contractor gets access to the User's personal data posted in the Personal Account.
10.2. The User, by submitting his personal data on the Website, does not object to the use (including processing with and without the use of automation tools, storage, destruction) of such data for the purposes of rendering services by the Contractor.
10.3. The Contractor has the right to use e-mail, phone number, Skype and Zoom logins and other data provided by the User during registration on the Site to send information and promotional materials to the User, including to inform the User about the Contractor's activities and the progress of the contract.
10.4. The Contractor has the right to disclose information about the User in cases when it is obliged to do so in accordance with the current legislation, requests from state bodies, judicial proceedings, court order or judicial process. The Contractor also has the right to transfer the User's personal data to business partners, service providers, contractors or agents who provide services to the Contractor or on behalf of the Contractor and require access to such information in order to fulfill obligations. Examples of such third-party services are: payment processing, data analysis, email delivery, hosting, customer service, providing access to anti-fraud databases, verification. The Contractor has the right to share information with affiliated persons. The Contractor has the right to disclose or transfer User data in connection with any merger, sale of company assets, financing or acquisition of all or part of the business by another company, or during negotiations on any of the above.
10.5. The User has the right to revoke his consent to the use and dissemination of personal data at any time by sending a corresponding notification to the Contractor.
11. LIABILITY OF THE PARTIES
11.1. The Parties are responsible in accordance with the legislation of the Republic of Kazakhstan.
11.2. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the agreement for the duration of force majeure.
11.3. The Contractor is not responsible for temporary failures and interruptions in the work of the programs with which classes are conducted, and the loss of information caused by them. The Contractor is not responsible for any damage to the User's or other person's computer, mobile devices, any other equipment or software.
11.4. The User is solely responsible for the correctness of the payments made and the payment of applicable taxes.
11.5. The User is solely responsible for paying for the services of third parties (such as communication services, Internet, etc.) necessary to receive the services of the Contractor.
11.6. The Contractor's responsibility for the cancellation of classes is limited to the refund of the amount paid for them or the transfer of classes to another time.
11.7. The Contractor's liability for the provision of services in other cases is limited to the cost of the subscription (subscription) paid by the User.
11.8. If the User is dissatisfied with the quality of the lesson, the User has the right to send a claim to the Contractor. The refund can be made after consideration of the claim by the commission from among the employees of the Contractor within ten days, if the claims of the claim prove to be justified.
11.9. The Contractor is not responsible for the inconsistency of the School with the User's expectations and / or for his subjective assessment. Such a discrepancy with expectations and/or a negative subjective assessment are not grounds to consider the services to be of poor quality.
12. SETTLEMENT OF DISPUTES UNDER THE CONTRACT
12.1. All disputes or disagreements arising between the parties under this agreement or in connection with it are resolved through negotiations between the parties. The deadline for responding to a claim is ten calendar days.
12.2. If it is impossible to resolve disagreements through negotiations between the parties, they are subject to consideration at the location of the Contractor.
12.3. The Parties have agreed that for correspondence in electronic form under this Agreement, including for sending the provided notifications and messages, they will use e–mail addresses: on behalf of the Contractor – specified on the Website, on behalf of the User - the e-mail address specified during registration on the Website.
13. FINAL PROVISIONS
13.1. The legislation of the Republic of Kazakhstan applies to the relations between the User and the Contractor.
13.2. This Agreement comes into force from the date of acceptance by the User of this Offer and is valid until the Parties fully fulfill their obligations.
13.3. By entering into the contract, the User expresses his full consent to this Offer.
DETAILS OF THE CONTRACTOR
Limited Liability Partnership "School Phenomenon"
BIN 220340023867
IIC KZ53601A871002501691
Bank's BIC: HSBKKZKX
Halyk Bank of Kazakhstan JSC
Address: Republic of Kazakhstan, Almaty city, Auezovsky district,
Toktabayev street, 11, sq. 48, postal code 050000
Contacts:
E-mail: phenomenon.chess.school@gmail.com
phone: +77789856196
