By subject
Additionally
Free lessons
Public offer for the conclusion
of the Kazan agreement on April 15, 2024
This document is permanently posted on the Internet at the following network address: http://qudema.ru , is an offer to conclude an Agreement (hereinafter referred to as the "Agreement") Limited Liability Company "KUDEMA Training Center" represented by General Director Evgeniya Vasilyevna Kudryashova, acting on the basis of the Charter (hereinafter referred to as the "Contractor") with any individual who meets the terms of this Offer (hereinafter referred to as the "Customer").
This document is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The acceptance of this Offer is the payment by the Customer of the Contractor's remuneration. The moment of acceptance of this Offer is the moment when funds are credited to the Contractor's current account.
By performing actions to accept the public Offer, the Customer confirms:
their legality, powers, legal capacity, reaching the age of 18, as well as the legal right to enter into contractual relations with the Contractor or the written consent of his legal representative to conclude a Contract by accepting this Offer in accordance with Article 26 of the Civil Code of the Russian Federation.
which gives its consent or, if under the age of 18, guarantees the consent of its legal representative for the processing (collection, storage, transfer to third parties) of the Customer's personal data provided during the conclusion and execution of the Contract, in accordance with the Personal Data Processing Policy dated July 10, 2021, the text of which is constantly posted on the Internet at the address:http://qudema.ru.
I have read and agree to all the terms of the Agreement and its Annexes;
I received all the information from the Contractor about the terms, procedure and other conditions for granting Access under the Agreement and that all the terms of the Agreement are clear to him, and he accepts them unconditionally and in full;
that he guarantees the accuracy and relevance of the information provided about himself and agrees that he is solely responsible for any consequences arising from the indication of unreliable, irrelevant or incomplete information about himself.
Contract
Terms
The platform is a technological information system owned by KUDEMA Training Center LLC, which includes an interface, a Website and a hardware and software complex, including computer programs, a set of information, texts, graphic elements, design, images, photos and video materials (audiovisual works) and other intellectual property objects that ensure the availability of Materials To customers on the Internet. The platform is designed to provide Customers with remote Internet access to Materials in order to organize the Customer's self-learning process on their chosen topic.
Website - the official website of the Contractor, including all its subdomains, posted on the Internet at: http://qudema.ru .
Personal account is a set of secure Site pages created as a result of the Customer's registration and available when entering his authentication data (email address and password) in the fields provided for this on the Site.
Materials are a set of interrelated classes and information materials (texts, photo and video materials, other intellectual property objects) united by a single theme, arranged in a certain sequence and assuming their independent study by the Customer.
Lesson - a lecture held on the Platform in a remote form (online) in one of the following formats: Live online lesson - live broadcast, with the broadcast of the teacher's voice, the Customer's microphones turned on, for the possibility of a prompt answer to the teacher's question; Webinar – a lecture broadcast online in real time. To access a Live Online Lesson or Webinar, the Customer clicks on the link specified by the Contractor on the Platform at the date and time specified in the Personal Account or on the corresponding page of the Site. Access to the lesson is opened after solving theoretical tests. Recording is a recorded video of the lecture, which is available online. The Customer's access to the lecture in the recording format is possible at any time during the lesson period plus 20 (twenty) working days inclusive from the moment of the final lesson.
The subject of the contract
The Contractor undertakes to provide the Customer with remote access to the Platform and its Content via the Internet information and telecommunications network (hereinafter referred to as "Access"), and the Customer undertakes to pay the Contractor a fee for the Access provided in accordance with the terms of the Agreement. The Contractor provides the Customer with Access only to those sections of the Platform where the Materials selected and paid for by the Customer are placed.
This Agreement is a subscription Agreement (Article 429.4. of the Civil Code of the Russian Federation).
The full list of Materials posted on the Platform, which the Customer can access for a fee, is posted by the Contractor on the Website. Information about the cost, content, and schedule of Materials (dates and times of Classes) is available to the Customer on the Website. At the written request of the Customer, sent to the Contractor's e-mail qudema@mail.ru The Contractor sends the Customer detailed information about the content of the Materials to the Customer's email address specified by him when registering on the Site.
To get access to the Materials, the Customer must pay for access to the relevant Materials and register on the Platform.
Materials are opened in stages according to the schedule approved by the Contractor. The schedule is brought to the attention of the Customer by posting it in the Customer's personal account on the Platform in the appropriate section or sending a message on the Vkontakte/Telegram/WhatsApp social network.
The Contractor provides the Customer with Access for a period of time paid in accordance with clause 4.2. of the Agreement. At the same time, the Contractor undertakes through the Platform to ensure the acceptance of the Customer's practical work exclusively within the time specified on the Site from the moment the Customer acquires Access, unless otherwise agreed by the Parties in additional agreements to this Agreement.
Services for individual consultations of the Customer are not included in the subject of this Agreement. The Parties agree on the provision of relevant services separately, the cost of such services is paid by the Customer additionally.
The Contractor guarantees the completeness and quality of the Materials, access to which is provided to the Customer. At the same time, the Contractor does not guarantee that the Platform and Materials meet the Customer's expectations for the content of Materials not specified in this Agreement on the Site.
Rights and obligations of the Parties
The contractor is obliged to:
Provide the Customer with Access to the Materials in the personal account, which is automatically created after payment.
In case of detection of errors / flaws in the technological part of the Platform made by the Contractor, or through the fault of the Contractor, eliminate the detected errors / flaws on their own and at their own expense.
The contractor has the right to:
To involve third parties for the execution of this Agreement without the consent of the Customer, while remaining responsible for the actions of such persons as for their own.
To request from the Customer all the necessary information and documents for the proper fulfillment of obligations under this Agreement.
Change the cost of providing Access. Information about the current cost of Access is available to the Customer on the Website. A personal manager will notify the customer about changes in the cost by sending a message on the Vkontakte/Telegram/WhatsApp social network.
Suspend the operation of the Platform in order to carry out the necessary scheduled
preventive and repair work on the Contractor's technical resources.
To change the content of Materials and the Platform, including the topics of individual Classes, their content, the number, dates and times of relevant Classes, the schedule of placement of Classes on the Platform and the timing of opening access to Classes, to replace the persons conducting Classes. Information about such changes is available to the Customer in the Personal Account.
The customer is obliged to:
Pay the cost of providing Access in full and on time.
Timely provide complete and reliable information necessary for the execution of the Contract and the provision of Access (including when registering on the Site).
To ensure the confidentiality of the login and password to the personal account on the Platform.
Observe the Rules of conduct when using the Platform:
When using the Platform, the Customer is prohibited from:
Posting negative information;
To make claims on the quality and volume of Services provided by the Contractor (the Customer's claims to the Contractor may be sent in accordance with the procedure provided for in clause 8.8. of this Agreement);
Transfer access to your Personal Account to third parties;
Use obscene language against any user of the Platform;
Offend and discriminate against any users of the Platform on any basis (racial, religious, gender, age, etc.);
Post files, images, links, etc. containing obscene, offensive content;
Publish messages/articles/posts/links of an advertising (to any extent) nature;
Publish messages/articles/posts/images that are not related to the topic of the Materials;
Post links to subscription pages and chats.
The Contractor has the right to establish and post additional rules of communication and behavior on the Platform, which the Customer is obliged to follow.
Independently configure the software, hardware and Internet channel of your personal computer in such a way as to be able to freely use the Platform.
Z.Z.6. Ensure the smooth operation of the Internet channel, hardware and software on your part in such a way as to be able to freely use the Platform.
3.3.7. Provide yourself with the necessary software and equipment for using the Platform that meet the following requirements:
for a personal computer: a processor with 4 or more cores with a frequency of 2GHz, RAM memory of at least 8 GB, a hard disk of at least 128 GB, a monitor of 10 inches with a resolution of 1440*900 pixels, Windows 10+ or Mac OS from 10.15+, The Google Chrome or Safari browser is the latest version for the Customer's operating system;
for smartphones: Android operating system version 10 and above, as well as iOS OS version 12 and above. RAM from 3 GB and above, screen from 720x1280 and above, Google Chrome or Safari browser of the latest version for the Customer's operating system.
for tablet: diagonal of 10 inches or more, Android operating system version 10 and above, as well as iOS version 12 and above. RAM from 3 GB and above, screen from 720x1280 and above, Google Chrome or Safari browser of the latest version for the Customer's operating system. For classes in Mathematics and Physics – the presence of a stylus.
The customer has the right to:
To make decisions regarding the need to perform certain actions recommended by the Contractor within the framework of the execution of the Contract.
Receive information support on issues related to the operation of the Platform throughout the entire term of this Agreement (from the moment of its conclusion).
Financial conditions
The amount of the fee for providing Access under the Agreement is determined in accordance with the Tariffs indicated on the Website. VAT is not levied on the basis of Article 145.1 of the Tax Code of the Russian Federation.
Payment of the Access fee is made by the Customer in the following order (if such an order is specified by the Contractor on the Website):
by paying 100% for the provision of Access in a single payment (provided when paying for Access for a period of 5 (five) and 9 (nine) or another number of months). With such payment, the Customer is given Access to the Materials posted by the Contractor on the Platform from the date of payment for the period specified on the Site and selected by the Customer;
by paying monthly payments in the amount indicated on the Website, subject to the following conditions:
when the Customer makes the first monthly payment before the 15th (fifteenth) day (inclusive) of the current month, the Customer is given Access to all Materials posted on the Platform from the 01st (first) day of the current month in accordance with the content and schedule of the product selected by him. The second and subsequent payments are made by the Customer on the last day of the current month for providing access to the Platform during the next month.
when the Customer makes the first monthly payment after the 15th (fifteenth) day of the current month, the Customer is given access to all Materials posted on the Platform from the 01st (first) day of the next month in accordance with the content and schedule of the product selected by him. The second and subsequent payments are made by the Customer on the last day of the month of granting Access for granting access to the Platform during the next month.
Upon prior appointment and payment by the customer in advance of the start of the purchased period, access is provided on the date chosen by the Contractor, but no later than the purchased period.
The date of fulfillment by the Customer of obligations to pay a fee for providing Access to the Contractor is the date of receipt of funds to the Contractor's current account.
When paying on the Website or on the basis of an e-mail notification received, the Customer is automatically redirected to the payment acceptance system page to make the payment. The contractor does not control the hardware and software complex of the electronic payment system. If, as a result of such errors, the Customer's funds were debited, but the payment was not authorized by the electronic payment system, the obligation to refund funds to the Customer lies with the provider of the electronic payment system.
In case of early termination of this Agreement, the Contractor shall refund part of the amount of money paid by the Customer, calculated in accordance with clause 7.3., 7.4., 7.5., 8.2., this Agreement, except for the cases specified in clause 7.3. of this Agreement.
Intellectual property. Confidentiality
As part of the execution of the Contract, the Contractor provides the Customer with access to the Contractor's intellectual property (access to audiovisual materials, computer programs, databases, methodological materials, information resources that are not publicly available), in connection with which the Customer is obliged:
refrain from any actions that violate the Contractor's rights to the results of intellectual activity, in particular, not to copy, record, distribute, or process any results of the Contractor's intellectual activity without the written permission of the Contractor;
refrain from studying the technology, decompiling or disassembling the Site, the intellectual property of the Contractor, any materials that the Customer receives access to in connection with the execution of this Agreement;
refrain from making a copy of the Site, the Contractor's intellectual property (including copying the name of the Materials indicated on the Site), any materials that the Customer receives access to in connection with the execution of this Agreement, as well as copying their external design;
refrain from actions aimed at changing the functioning and
the Site's performance, as well as its changes.
immediately inform the Contractor of any facts of violation of the exclusive rights of the Contractor that have become known;
do not provide your authentication data for access to your Personal Account on the Platform 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 inform the Contractor by sending a notification to: qudema@mail.ru . Until the moment of sending the specified notification, all actions performed using the Customer's Personal Account are considered to have been performed by the Customer.
The Customer's use of the Platform, its contents and components (both in general and in fragments) and other technical solutions developed by the Contractor does not mean transfer (alienation) To the Customer and/or any third party of the rights to the results of intellectual activity, both in whole and in part.
Any information provided to the Customer during the execution of this Agreement, unpublished in the public domain and not publicly available, including any content of the Materials, is confidential. The Customer undertakes not to disclose confidential information and other data provided by the Contractor during the execution of this Agreement (with the exception of publicly available information) to third parties without the prior written consent of the Contractor.
Responsibility of the Parties
The Parties are responsible for non-fulfillment and improper fulfillment of this Agreement in accordance with the current legislation of the Russian Federation.
The Contractor is not responsible for the inability of the Customer to obtain Access to the Platform and materials for reasons related to the disruption of the Internet channel, equipment or software on the part of the Customer, as well as for any other reasons preventing the Customer from obtaining access to Materials caused by the fault of the Customer, the Customer's provider or the Customer's equipment.
In case of non-fulfillment by the Customer of the obligation provided for in clauses 5.1-5.3 of the Agreement and the Contractor's identification of the fact of access by third parties to the content of the Platform and (or) Materials, the Customer is obliged to pay a fine in the amount of 100,000 (one hundred thousand) rubles for each case of violation out of court at the written request of the Contractor.
The Contractor has the right not to provide the Customer with access to the Personal Account, Platform or suspend the Customer's access to the Personal Account, Platform until the relevant violation is eliminated, as well as block the Customer's access to the Platform and Materials if there are any of the following grounds:
violation of the terms of payment for Access in accordance with the terms of this Agreement;
the Customer provides false information when registering on the Site.
violation by the Customer of the obligations assumed under this Agreement.
The Contractor is not responsible for the content of information posted in messenger chats ("WhatsApp", "Viber", "Telegram"), which are created on the initiative of Customers, including for the use by third parties of personal data that the Customer leaves in such chats.
The Contractor is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement, as well as for possible damage resulting from:
failures in the operation of the Platform and (or) other software caused by errors in the code, computer viruses and other extraneous code fragments in the software;
the absence (inability to establish, terminate, etc.) of Internet connections;
the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by these entities of one-time restrictions that make it difficult or impossible to fulfill this Agreement;
other cases related to the actions (inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment;
the use (inability to use) and any consequences of the use (inability to use) by the Customer of the form of payment chosen by him for the contractor's remuneration under the Contract.
All responsibility for the illegal use of information that the Customer receives in connection with the execution of the Contract is borne by the Customer.
Under no circumstances is the Contractor responsible for the health, psychological and physical condition of the Customer, as well as his property.
The term of the Agreement. Termination procedure
The Agreement comes into force from the date of its acceptance by the Customer and is valid for the period of the Subscription paid by the Customer and is automatically extended if the Customer pays for the Subscription for the next Access period, but in any case it is terminated on July 24, 2028 or earlier - on the date of its early termination in the cases provided for by the Agreement.
The Parties have the right to terminate the Agreement by mutual agreement at any time before its actual execution.
The Contract may be terminated unilaterally at any time on the initiative of the Contractor. In this case, the termination of this Agreement takes place by notifying the Customer by e-mail to the e-mail address specified by him when registering on the Site. In case of termination of this Agreement for reasons of violation by the Customer of clauses 3.3.3., clauses 3.3.4., clause 5.1. of this Agreement, the funds paid to the Contractor are non-refundable and are withheld by the Contractor as a fine for improper performance of the terms of the Agreement. In other cases, part of the funds to be refunded to the Customer is calculated in accordance with clauses 7.4.,7.5., 8.2. of this Agreement. The Contract is considered terminated from the moment the Contractor sends the relevant notification to the Customer.
Guided by Part 4 of Article 421, Part 1 of Article 782, Article 783, Article 717 of the Civil Code of the Russian Federation, the Parties came to an agreement and established the following conditions and procedure for early termination of the Contract if the Customer unilaterally refuses to execute it: if the Customer wishes to terminate the Contract, he is obliged:
to send the Contractor a notice of unilateral refusal to perform the Contract (form - Appendix No. 1 to the Contract, located at: http://qudema.ru ) from the e-mail address specified by him when registering on the Website to the Contractor's e-mail address: qudema@mail.ru . The Contract is considered terminated from the moment the Contractor receives the Customer's Notification of the unilateral refusal to perform the Contract.
to reimburse the Contractor for the actual expenses incurred related to the execution of this Agreement, including:
expenses for the software used by the Contractor in the training process and payment for the services of third parties;
commissions of banks, credit institutions and relevant payment systems for making refunds;
other expenses incurred by the Contractor in the course of execution of this Agreement. The specific amount of actual expenses is determined by the Contractor independently.
pay the cost of the Contractor's remuneration due at the time of termination of this Agreement.
The funds paid by the Customer as a reward to the Contractor, minus the cost of access to the Materials provided to the Customer, are subject to refund. The cost of the granted Access is calculated in accordance with clause 8.2. of this Agreement. The amount withheld by the Contractor from the Customer is not a fine or other sanction. The funds to be returned to the Customer shall be transferred within 30 (thirty) days from the date of receipt by the Contractor of a duly completed notification of the Customer about the unilateral refusal to execute the contract, specifying the details.
Other conditions
Unless otherwise provided by this Agreement or current legislation, any notifications, requests or other communications (correspondence) submitted by the Parties to each other must be in writing and sent to the receiving Party by mail, by sending registered correspondence, by e-mail (to the address and/or from the address of the Contractor specified in the section 9 of this Agreement to the address and (or) from the address of the Customer specified during registration on the Platform) or with the help of a courier service. The date of receipt of correspondence is the date of receipt of notification of the delivery of a postal item, including registered correspondence, electronic confirmation of delivery when sent by e-mail (or in the absence of such, the time of sending the message), or the day of delivery in the case of sending correspondence with a courier. When considering disputes in court, the correspondence of the Parties by e-mail, as well as correspondence through the Personal Account, will be recognized by the Parties as sufficient evidence.
The Parties agreed that if the Contractor does not receive a reasoned claim from the Customer within one calendar day, the materials that are available on the day preceding that day are considered accepted by the Customer without comments on their quality and quantity.
The Customer does not have the right to sell or assign the right of claim to the Contractor.
The Contractor has the right to assign any rights and obligations arising from the Contract. The Customer hereby gives his consent to the assignment of rights and transfer of debt to any third parties. The Contractor informs the Customer about the assignment of rights and/or transfer of debt by sending a corresponding message to the Customer's e-mail address specified by him when registering on the Site.
The Customer gives his consent to the Contractor to process the Customer's personal data specified by him during registration on the Website, as well as in his Personal Account on the terms provided for by the Personal Data Processing Policy posted at: http://qudema.ru .
The Customer agrees to receive mailings and notifications from the Contractor, including advertising messages sent to the Customer's personal messages on the social network https://vk.com /. This consent may be revoked by the Customer at any time by sending a notification by e-mail to the Contractor qudema@mail.ru .
The Customer agrees to the Contractor's use of Customer reviews about the Contractor, the Platform and Materials left by the Customer in the official groups of the Contractor on social networks, on the Website and on the Platform in order to post such reviews on the official websites of the Contractor, in information and promotional materials of the Contractor. This consent is valid from the date of conclusion of the Contract. This consent may be revoked by the Customer at any time by sending a written application to the Contractor's legal address specified in Section 9 of the Agreement.
In the event of any disagreement between the Customer and the Contractor regarding the performance of each of the parties to the terms of the Agreement, as well as any other disagreements, such disagreements must be settled using the mandatory pre-trial claim procedure. The Contractor undertakes to send the claim to the Customer in electronic form to the e-mail address,
specified by the Customer when registering on the Site. The Customer undertakes to send the claim to the Contractor in electronic form to the e-mail address qudema@mail.ru , as well as duplicate the claim in writing to the Contractor's address specified in clause 8.10 of the Agreement. The deadline for responding to a claim is 10 (ten) business days from the date of its receipt. If any of the parties fails to comply with all of the above conditions, the mandatory claim procedure is not considered to be complied with. If it is impossible to resolve disputes in a pre-trial manner, disputes are subject to consideration in court at the location of the Contractor.
The Customer gives his consent to the Contractor for the publication and further use of the Customer's image in photo and video materials, as well as recorded in independent frames of such video materials, as well as recorded in any other image objects for the purpose of posting such an image on the official websites of the Contractor, in information and promotional materials of the Contractor and any other purposes, related to the activities of the Contractor and do not contradict the current legislation. This consent is valid from the date of conclusion of the Contract and applies to any objects created by the Contractor during the period of granting Access to the Customer, as well as received from the Customer during this period. This consent may be revoked by the Customer at any time by sending a written application to the Contractor's legal address specified in clause 8.10 of the Agreement.
Details of the Contractor
Limited Liability Company “KUDEMA Training Center”
Legal address: 15 Galushchaka str., floor 9, room 214, Novosibirsk, Novosibirsk region, 630049, Russia
INN 5402083616
OGRN 1245400019743
Current account 1245400019743
Correspondent account 30101810145250000974
BIC Bank 044525974
tel. 8913 941-54-41 e-mail: qudema@mail.ru
represented by General Director E.V. Kudryashova./ ____________________________
M.P.
of the Kazan agreement on April 15, 2024
This document is permanently posted on the Internet at the following network address: http://qudema.ru , is an offer to conclude an Agreement (hereinafter referred to as the "Agreement") Limited Liability Company "KUDEMA Training Center" represented by General Director Evgeniya Vasilyevna Kudryashova, acting on the basis of the Charter (hereinafter referred to as the "Contractor") with any individual who meets the terms of this Offer (hereinafter referred to as the "Customer").
This document is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The acceptance of this Offer is the payment by the Customer of the Contractor's remuneration. The moment of acceptance of this Offer is the moment when funds are credited to the Contractor's current account.
By performing actions to accept the public Offer, the Customer confirms:
their legality, powers, legal capacity, reaching the age of 18, as well as the legal right to enter into contractual relations with the Contractor or the written consent of his legal representative to conclude a Contract by accepting this Offer in accordance with Article 26 of the Civil Code of the Russian Federation.
which gives its consent or, if under the age of 18, guarantees the consent of its legal representative for the processing (collection, storage, transfer to third parties) of the Customer's personal data provided during the conclusion and execution of the Contract, in accordance with the Personal Data Processing Policy dated July 10, 2021, the text of which is constantly posted on the Internet at the address:http://qudema.ru.
I have read and agree to all the terms of the Agreement and its Annexes;
I received all the information from the Contractor about the terms, procedure and other conditions for granting Access under the Agreement and that all the terms of the Agreement are clear to him, and he accepts them unconditionally and in full;
that he guarantees the accuracy and relevance of the information provided about himself and agrees that he is solely responsible for any consequences arising from the indication of unreliable, irrelevant or incomplete information about himself.
Contract
Terms
The platform is a technological information system owned by KUDEMA Training Center LLC, which includes an interface, a Website and a hardware and software complex, including computer programs, a set of information, texts, graphic elements, design, images, photos and video materials (audiovisual works) and other intellectual property objects that ensure the availability of Materials To customers on the Internet. The platform is designed to provide Customers with remote Internet access to Materials in order to organize the Customer's self-learning process on their chosen topic.
Website - the official website of the Contractor, including all its subdomains, posted on the Internet at: http://qudema.ru .
Personal account is a set of secure Site pages created as a result of the Customer's registration and available when entering his authentication data (email address and password) in the fields provided for this on the Site.
Materials are a set of interrelated classes and information materials (texts, photo and video materials, other intellectual property objects) united by a single theme, arranged in a certain sequence and assuming their independent study by the Customer.
Lesson - a lecture held on the Platform in a remote form (online) in one of the following formats: Live online lesson - live broadcast, with the broadcast of the teacher's voice, the Customer's microphones turned on, for the possibility of a prompt answer to the teacher's question; Webinar – a lecture broadcast online in real time. To access a Live Online Lesson or Webinar, the Customer clicks on the link specified by the Contractor on the Platform at the date and time specified in the Personal Account or on the corresponding page of the Site. Access to the lesson is opened after solving theoretical tests. Recording is a recorded video of the lecture, which is available online. The Customer's access to the lecture in the recording format is possible at any time during the lesson period plus 20 (twenty) working days inclusive from the moment of the final lesson.
The subject of the contract
The Contractor undertakes to provide the Customer with remote access to the Platform and its Content via the Internet information and telecommunications network (hereinafter referred to as "Access"), and the Customer undertakes to pay the Contractor a fee for the Access provided in accordance with the terms of the Agreement. The Contractor provides the Customer with Access only to those sections of the Platform where the Materials selected and paid for by the Customer are placed.
This Agreement is a subscription Agreement (Article 429.4. of the Civil Code of the Russian Federation).
The full list of Materials posted on the Platform, which the Customer can access for a fee, is posted by the Contractor on the Website. Information about the cost, content, and schedule of Materials (dates and times of Classes) is available to the Customer on the Website. At the written request of the Customer, sent to the Contractor's e-mail qudema@mail.ru The Contractor sends the Customer detailed information about the content of the Materials to the Customer's email address specified by him when registering on the Site.
To get access to the Materials, the Customer must pay for access to the relevant Materials and register on the Platform.
Materials are opened in stages according to the schedule approved by the Contractor. The schedule is brought to the attention of the Customer by posting it in the Customer's personal account on the Platform in the appropriate section or sending a message on the Vkontakte/Telegram/WhatsApp social network.
The Contractor provides the Customer with Access for a period of time paid in accordance with clause 4.2. of the Agreement. At the same time, the Contractor undertakes through the Platform to ensure the acceptance of the Customer's practical work exclusively within the time specified on the Site from the moment the Customer acquires Access, unless otherwise agreed by the Parties in additional agreements to this Agreement.
Services for individual consultations of the Customer are not included in the subject of this Agreement. The Parties agree on the provision of relevant services separately, the cost of such services is paid by the Customer additionally.
The Contractor guarantees the completeness and quality of the Materials, access to which is provided to the Customer. At the same time, the Contractor does not guarantee that the Platform and Materials meet the Customer's expectations for the content of Materials not specified in this Agreement on the Site.
Rights and obligations of the Parties
The contractor is obliged to:
Provide the Customer with Access to the Materials in the personal account, which is automatically created after payment.
In case of detection of errors / flaws in the technological part of the Platform made by the Contractor, or through the fault of the Contractor, eliminate the detected errors / flaws on their own and at their own expense.
The contractor has the right to:
To involve third parties for the execution of this Agreement without the consent of the Customer, while remaining responsible for the actions of such persons as for their own.
To request from the Customer all the necessary information and documents for the proper fulfillment of obligations under this Agreement.
Change the cost of providing Access. Information about the current cost of Access is available to the Customer on the Website. A personal manager will notify the customer about changes in the cost by sending a message on the Vkontakte/Telegram/WhatsApp social network.
Suspend the operation of the Platform in order to carry out the necessary scheduled
preventive and repair work on the Contractor's technical resources.
To change the content of Materials and the Platform, including the topics of individual Classes, their content, the number, dates and times of relevant Classes, the schedule of placement of Classes on the Platform and the timing of opening access to Classes, to replace the persons conducting Classes. Information about such changes is available to the Customer in the Personal Account.
The customer is obliged to:
Pay the cost of providing Access in full and on time.
Timely provide complete and reliable information necessary for the execution of the Contract and the provision of Access (including when registering on the Site).
To ensure the confidentiality of the login and password to the personal account on the Platform.
Observe the Rules of conduct when using the Platform:
When using the Platform, the Customer is prohibited from:
Posting negative information;
To make claims on the quality and volume of Services provided by the Contractor (the Customer's claims to the Contractor may be sent in accordance with the procedure provided for in clause 8.8. of this Agreement);
Transfer access to your Personal Account to third parties;
Use obscene language against any user of the Platform;
Offend and discriminate against any users of the Platform on any basis (racial, religious, gender, age, etc.);
Post files, images, links, etc. containing obscene, offensive content;
Publish messages/articles/posts/links of an advertising (to any extent) nature;
Publish messages/articles/posts/images that are not related to the topic of the Materials;
Post links to subscription pages and chats.
The Contractor has the right to establish and post additional rules of communication and behavior on the Platform, which the Customer is obliged to follow.
Independently configure the software, hardware and Internet channel of your personal computer in such a way as to be able to freely use the Platform.
Z.Z.6. Ensure the smooth operation of the Internet channel, hardware and software on your part in such a way as to be able to freely use the Platform.
3.3.7. Provide yourself with the necessary software and equipment for using the Platform that meet the following requirements:
for a personal computer: a processor with 4 or more cores with a frequency of 2GHz, RAM memory of at least 8 GB, a hard disk of at least 128 GB, a monitor of 10 inches with a resolution of 1440*900 pixels, Windows 10+ or Mac OS from 10.15+, The Google Chrome or Safari browser is the latest version for the Customer's operating system;
for smartphones: Android operating system version 10 and above, as well as iOS OS version 12 and above. RAM from 3 GB and above, screen from 720x1280 and above, Google Chrome or Safari browser of the latest version for the Customer's operating system.
for tablet: diagonal of 10 inches or more, Android operating system version 10 and above, as well as iOS version 12 and above. RAM from 3 GB and above, screen from 720x1280 and above, Google Chrome or Safari browser of the latest version for the Customer's operating system. For classes in Mathematics and Physics – the presence of a stylus.
The customer has the right to:
To make decisions regarding the need to perform certain actions recommended by the Contractor within the framework of the execution of the Contract.
Receive information support on issues related to the operation of the Platform throughout the entire term of this Agreement (from the moment of its conclusion).
Financial conditions
The amount of the fee for providing Access under the Agreement is determined in accordance with the Tariffs indicated on the Website. VAT is not levied on the basis of Article 145.1 of the Tax Code of the Russian Federation.
Payment of the Access fee is made by the Customer in the following order (if such an order is specified by the Contractor on the Website):
by paying 100% for the provision of Access in a single payment (provided when paying for Access for a period of 5 (five) and 9 (nine) or another number of months). With such payment, the Customer is given Access to the Materials posted by the Contractor on the Platform from the date of payment for the period specified on the Site and selected by the Customer;
by paying monthly payments in the amount indicated on the Website, subject to the following conditions:
when the Customer makes the first monthly payment before the 15th (fifteenth) day (inclusive) of the current month, the Customer is given Access to all Materials posted on the Platform from the 01st (first) day of the current month in accordance with the content and schedule of the product selected by him. The second and subsequent payments are made by the Customer on the last day of the current month for providing access to the Platform during the next month.
when the Customer makes the first monthly payment after the 15th (fifteenth) day of the current month, the Customer is given access to all Materials posted on the Platform from the 01st (first) day of the next month in accordance with the content and schedule of the product selected by him. The second and subsequent payments are made by the Customer on the last day of the month of granting Access for granting access to the Platform during the next month.
Upon prior appointment and payment by the customer in advance of the start of the purchased period, access is provided on the date chosen by the Contractor, but no later than the purchased period.
The date of fulfillment by the Customer of obligations to pay a fee for providing Access to the Contractor is the date of receipt of funds to the Contractor's current account.
When paying on the Website or on the basis of an e-mail notification received, the Customer is automatically redirected to the payment acceptance system page to make the payment. The contractor does not control the hardware and software complex of the electronic payment system. If, as a result of such errors, the Customer's funds were debited, but the payment was not authorized by the electronic payment system, the obligation to refund funds to the Customer lies with the provider of the electronic payment system.
In case of early termination of this Agreement, the Contractor shall refund part of the amount of money paid by the Customer, calculated in accordance with clause 7.3., 7.4., 7.5., 8.2., this Agreement, except for the cases specified in clause 7.3. of this Agreement.
Intellectual property. Confidentiality
As part of the execution of the Contract, the Contractor provides the Customer with access to the Contractor's intellectual property (access to audiovisual materials, computer programs, databases, methodological materials, information resources that are not publicly available), in connection with which the Customer is obliged:
refrain from any actions that violate the Contractor's rights to the results of intellectual activity, in particular, not to copy, record, distribute, or process any results of the Contractor's intellectual activity without the written permission of the Contractor;
refrain from studying the technology, decompiling or disassembling the Site, the intellectual property of the Contractor, any materials that the Customer receives access to in connection with the execution of this Agreement;
refrain from making a copy of the Site, the Contractor's intellectual property (including copying the name of the Materials indicated on the Site), any materials that the Customer receives access to in connection with the execution of this Agreement, as well as copying their external design;
refrain from actions aimed at changing the functioning and
the Site's performance, as well as its changes.
immediately inform the Contractor of any facts of violation of the exclusive rights of the Contractor that have become known;
do not provide your authentication data for access to your Personal Account on the Platform 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 inform the Contractor by sending a notification to: qudema@mail.ru . Until the moment of sending the specified notification, all actions performed using the Customer's Personal Account are considered to have been performed by the Customer.
The Customer's use of the Platform, its contents and components (both in general and in fragments) and other technical solutions developed by the Contractor does not mean transfer (alienation) To the Customer and/or any third party of the rights to the results of intellectual activity, both in whole and in part.
Any information provided to the Customer during the execution of this Agreement, unpublished in the public domain and not publicly available, including any content of the Materials, is confidential. The Customer undertakes not to disclose confidential information and other data provided by the Contractor during the execution of this Agreement (with the exception of publicly available information) to third parties without the prior written consent of the Contractor.
Responsibility of the Parties
The Parties are responsible for non-fulfillment and improper fulfillment of this Agreement in accordance with the current legislation of the Russian Federation.
The Contractor is not responsible for the inability of the Customer to obtain Access to the Platform and materials for reasons related to the disruption of the Internet channel, equipment or software on the part of the Customer, as well as for any other reasons preventing the Customer from obtaining access to Materials caused by the fault of the Customer, the Customer's provider or the Customer's equipment.
In case of non-fulfillment by the Customer of the obligation provided for in clauses 5.1-5.3 of the Agreement and the Contractor's identification of the fact of access by third parties to the content of the Platform and (or) Materials, the Customer is obliged to pay a fine in the amount of 100,000 (one hundred thousand) rubles for each case of violation out of court at the written request of the Contractor.
The Contractor has the right not to provide the Customer with access to the Personal Account, Platform or suspend the Customer's access to the Personal Account, Platform until the relevant violation is eliminated, as well as block the Customer's access to the Platform and Materials if there are any of the following grounds:
violation of the terms of payment for Access in accordance with the terms of this Agreement;
the Customer provides false information when registering on the Site.
violation by the Customer of the obligations assumed under this Agreement.
The Contractor is not responsible for the content of information posted in messenger chats ("WhatsApp", "Viber", "Telegram"), which are created on the initiative of Customers, including for the use by third parties of personal data that the Customer leaves in such chats.
The Contractor is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement, as well as for possible damage resulting from:
failures in the operation of the Platform and (or) other software caused by errors in the code, computer viruses and other extraneous code fragments in the software;
the absence (inability to establish, terminate, etc.) of Internet connections;
the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by these entities of one-time restrictions that make it difficult or impossible to fulfill this Agreement;
other cases related to the actions (inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment;
the use (inability to use) and any consequences of the use (inability to use) by the Customer of the form of payment chosen by him for the contractor's remuneration under the Contract.
All responsibility for the illegal use of information that the Customer receives in connection with the execution of the Contract is borne by the Customer.
Under no circumstances is the Contractor responsible for the health, psychological and physical condition of the Customer, as well as his property.
The term of the Agreement. Termination procedure
The Agreement comes into force from the date of its acceptance by the Customer and is valid for the period of the Subscription paid by the Customer and is automatically extended if the Customer pays for the Subscription for the next Access period, but in any case it is terminated on July 24, 2028 or earlier - on the date of its early termination in the cases provided for by the Agreement.
The Parties have the right to terminate the Agreement by mutual agreement at any time before its actual execution.
The Contract may be terminated unilaterally at any time on the initiative of the Contractor. In this case, the termination of this Agreement takes place by notifying the Customer by e-mail to the e-mail address specified by him when registering on the Site. In case of termination of this Agreement for reasons of violation by the Customer of clauses 3.3.3., clauses 3.3.4., clause 5.1. of this Agreement, the funds paid to the Contractor are non-refundable and are withheld by the Contractor as a fine for improper performance of the terms of the Agreement. In other cases, part of the funds to be refunded to the Customer is calculated in accordance with clauses 7.4.,7.5., 8.2. of this Agreement. The Contract is considered terminated from the moment the Contractor sends the relevant notification to the Customer.
Guided by Part 4 of Article 421, Part 1 of Article 782, Article 783, Article 717 of the Civil Code of the Russian Federation, the Parties came to an agreement and established the following conditions and procedure for early termination of the Contract if the Customer unilaterally refuses to execute it: if the Customer wishes to terminate the Contract, he is obliged:
to send the Contractor a notice of unilateral refusal to perform the Contract (form - Appendix No. 1 to the Contract, located at: http://qudema.ru ) from the e-mail address specified by him when registering on the Website to the Contractor's e-mail address: qudema@mail.ru . The Contract is considered terminated from the moment the Contractor receives the Customer's Notification of the unilateral refusal to perform the Contract.
to reimburse the Contractor for the actual expenses incurred related to the execution of this Agreement, including:
expenses for the software used by the Contractor in the training process and payment for the services of third parties;
commissions of banks, credit institutions and relevant payment systems for making refunds;
other expenses incurred by the Contractor in the course of execution of this Agreement. The specific amount of actual expenses is determined by the Contractor independently.
pay the cost of the Contractor's remuneration due at the time of termination of this Agreement.
The funds paid by the Customer as a reward to the Contractor, minus the cost of access to the Materials provided to the Customer, are subject to refund. The cost of the granted Access is calculated in accordance with clause 8.2. of this Agreement. The amount withheld by the Contractor from the Customer is not a fine or other sanction. The funds to be returned to the Customer shall be transferred within 30 (thirty) days from the date of receipt by the Contractor of a duly completed notification of the Customer about the unilateral refusal to execute the contract, specifying the details.
Other conditions
Unless otherwise provided by this Agreement or current legislation, any notifications, requests or other communications (correspondence) submitted by the Parties to each other must be in writing and sent to the receiving Party by mail, by sending registered correspondence, by e-mail (to the address and/or from the address of the Contractor specified in the section 9 of this Agreement to the address and (or) from the address of the Customer specified during registration on the Platform) or with the help of a courier service. The date of receipt of correspondence is the date of receipt of notification of the delivery of a postal item, including registered correspondence, electronic confirmation of delivery when sent by e-mail (or in the absence of such, the time of sending the message), or the day of delivery in the case of sending correspondence with a courier. When considering disputes in court, the correspondence of the Parties by e-mail, as well as correspondence through the Personal Account, will be recognized by the Parties as sufficient evidence.
The Parties agreed that if the Contractor does not receive a reasoned claim from the Customer within one calendar day, the materials that are available on the day preceding that day are considered accepted by the Customer without comments on their quality and quantity.
The Customer does not have the right to sell or assign the right of claim to the Contractor.
The Contractor has the right to assign any rights and obligations arising from the Contract. The Customer hereby gives his consent to the assignment of rights and transfer of debt to any third parties. The Contractor informs the Customer about the assignment of rights and/or transfer of debt by sending a corresponding message to the Customer's e-mail address specified by him when registering on the Site.
The Customer gives his consent to the Contractor to process the Customer's personal data specified by him during registration on the Website, as well as in his Personal Account on the terms provided for by the Personal Data Processing Policy posted at: http://qudema.ru .
The Customer agrees to receive mailings and notifications from the Contractor, including advertising messages sent to the Customer's personal messages on the social network https://vk.com /. This consent may be revoked by the Customer at any time by sending a notification by e-mail to the Contractor qudema@mail.ru .
The Customer agrees to the Contractor's use of Customer reviews about the Contractor, the Platform and Materials left by the Customer in the official groups of the Contractor on social networks, on the Website and on the Platform in order to post such reviews on the official websites of the Contractor, in information and promotional materials of the Contractor. This consent is valid from the date of conclusion of the Contract. This consent may be revoked by the Customer at any time by sending a written application to the Contractor's legal address specified in Section 9 of the Agreement.
In the event of any disagreement between the Customer and the Contractor regarding the performance of each of the parties to the terms of the Agreement, as well as any other disagreements, such disagreements must be settled using the mandatory pre-trial claim procedure. The Contractor undertakes to send the claim to the Customer in electronic form to the e-mail address,
specified by the Customer when registering on the Site. The Customer undertakes to send the claim to the Contractor in electronic form to the e-mail address qudema@mail.ru , as well as duplicate the claim in writing to the Contractor's address specified in clause 8.10 of the Agreement. The deadline for responding to a claim is 10 (ten) business days from the date of its receipt. If any of the parties fails to comply with all of the above conditions, the mandatory claim procedure is not considered to be complied with. If it is impossible to resolve disputes in a pre-trial manner, disputes are subject to consideration in court at the location of the Contractor.
The Customer gives his consent to the Contractor for the publication and further use of the Customer's image in photo and video materials, as well as recorded in independent frames of such video materials, as well as recorded in any other image objects for the purpose of posting such an image on the official websites of the Contractor, in information and promotional materials of the Contractor and any other purposes, related to the activities of the Contractor and do not contradict the current legislation. This consent is valid from the date of conclusion of the Contract and applies to any objects created by the Contractor during the period of granting Access to the Customer, as well as received from the Customer during this period. This consent may be revoked by the Customer at any time by sending a written application to the Contractor's legal address specified in clause 8.10 of the Agreement.
Details of the Contractor
Limited Liability Company “KUDEMA Training Center”
Legal address: 15 Galushchaka str., floor 9, room 214, Novosibirsk, Novosibirsk region, 630049, Russia
INN 5402083616
OGRN 1245400019743
Current account 1245400019743
Correspondent account 30101810145250000974
BIC Bank 044525974
tel. 8913 941-54-41 e-mail: qudema@mail.ru
represented by General Director E.V. Kudryashova./ ____________________________
M.P.
Information
Training
Contacts
qudema@mail.ru
8 (915) 383-54-15
8 (913) 941-54-41
social media
