PUBLIC AGREEMENT
(PUBLIC OFFER AGREEMENT)
for the provision of services in the field of educational services
This Agreement, where one party is MARKETMINDS ONLINE LTD, registered at 71-75 Shelton Street Covent Garden London WC2H 9JQ UNITED KINGDOM, company number 514814126 (hereinafter referred to as the "Provider"), on the one hand, and any individual who has accepted this offer (hereinafter referred to as the "Customer"), on the other hand, collectively referred to as the "Parties", and each individually as a "Party", have entered into this Agreement (hereinafter referred to as the "Agreement"), addressed to an unlimited number of persons, which is an official public offer of the Provider to enter into an Agreement with any Customer for the provision of educational services (hereinafter referred to as the "Services"). By ordering and paying for the Provider's Services, the Customers accept the terms of this Agreement as set forth below.
1. GENERAL PROVISIONS
1.1. This Agreement is concluded by providing the Customer's full and unconditional consent (acceptance) to enter into the Agreement in its entirety, without the Parties signing a written copy of the Agreement.
1.2. The Agreement has legal force in accordance with the relevant laws of the United Kingdom and is equivalent to an agreement signed by the Parties.
1.3. The Customer confirms the fact of familiarity and agreement with all the terms of this Agreement in full by accepting it.
1.4. Any of the following actions are considered acceptance of this public offer agreement:
● the fact of the Customer's registration on the Provider's Website and placing an Order for the Provider's Services on the Provider's website www.inhomepower.com;
● payment for the Provider's Services under the conditions and in the manner determined by this Agreement and on the relevant pages of the Provider's Website www.inhomepower.com.
1.5. By entering into this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement and the prices for the Services.
1.6. If the Customer does not agree with the terms of the Agreement, they are not entitled to enter into this Agreement, nor are they entitled to use the Services under this Agreement.
2. TERMS AND DEFINITIONS
"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website www.inhomepower.com.
"Acceptance" - the Customer's full and unconditional consent to enter into this Agreement in its entirety, without the Parties signing a written copy of the Agreement.
"Services" - Services in the field of education (namely, training the Customer or a person in whose interests the Customer acts in online courses) provided by the Provider, and listed by the Provider on the relevant section of the Provider's Website www.inhomepower.com.
"Customer" - any legally capable individual or sole trader who has visited the Website www.inhomepower.com and accepted this Agreement.
"Provider" - MARKETMINDS ONLINE LTD, which provides educational services and whose details are specified in Section 12 of this Agreement.
"Order" - a properly completed request by the Customer for the provision of Services addressed to the Provider.
3. SUBJECT OF THE AGREEMENT
3.1. The Provider undertakes, under the conditions and in the manner specified in this Agreement, to provide the Customer with educational services (namely, training the Customer or a person in whose interests the Customer acts in online courses), and the Customer undertakes, under the conditions and in the manner specified in this Agreement, to accept and pay for the ordered Services.
3.2. The Customer and the Provider confirm that this Agreement is not fictitious or sham, and is not concluded under pressure or deception.
3.3. The Provider confirms that it has the right to carry out activities in the field of educational services in accordance with the requirements of the applicable laws of the United Kingdom.
4. RIGHTS AND OBLIGATIONS OF THE PROVIDER
4.1. The Provider undertakes to:
● fulfill the terms of this Agreement;
● provide the Customer with Services of appropriate quality;
● objectively inform the Customer about the Services and the terms of their provision on the Website www.inhomepower.com.
4.2. The Provider has the right to:
● unilaterally suspend the provision of services under this Agreement in case of violation by the Customer of the terms of this Agreement;
● other rights in accordance with the applicable laws of the United Kingdom and this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The Customer undertakes to:
● timely pay for and receive the Order under the terms of this Agreement;
● familiarize themselves with the information about the Services posted on the Provider's website. 5.2. The Customer has the right to:
● place an Order for Services listed on the relevant page of the Website www.inhomepower.com;
● demand the provision of Services from the Provider in accordance with the terms of this Agreement; ● other rights in accordance with the applicable laws of the United Kingdom and this Agreement.
6. ORDERING PROCEDURE
6.1. The Customer independently places an Order on the relevant page of the Website www.inhomepower.com.
6.2. The Provider's order processing time is up to 30 minutes from the moment it is placed. If the Order is placed on a weekend or public holiday, the order processing time begins on the first working day after the weekend.
7. PRICE OF THE AGREEMENT AND PAYMENT PROCEDURE
7.1. The price of the Services is determined by the Provider and indicated on the relevant page of the Website www.inhomepower.com.
7.2. The Customer pays for the Provider's Services based on this Agreement in US dollars.
7.3. Payment for Services is made by:
7.3.1. transferring funds to the Provider's current account; or
7.3.2. using other payment methods indicated on the Provider's Website.
7.4. The moment of payment for the Services is considered the time of crediting funds to the Provider's current account.
7.5. The Customer independently and at their own expense pays for the services of third parties if it is necessary to receive the Provider's Services under this Agreement (e.g., Internet access services, etc.).
8. PROCEDURE FOR RECEIVING SERVICES. PROCEDURE FOR ACCEPTANCE OF PROVIDED SERVICES.
8.1. The rules for providing and receiving Services are indicated on the relevant page of the Website www.inhomepower.com. All questions arising in the process of paying for and receiving Services, the Customer can clarify with the Provider using the contact details indicated on the website www.inhomepower.com or in Section 12 of this Agreement.
9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the Parties are liable in accordance with the applicable laws of the United Kingdom.
9.2. All disputes arising from this Agreement or related to it are resolved through negotiations between the Parties.
9.3. If the relevant dispute cannot be resolved through negotiations, it is resolved in court according to the established jurisdiction and jurisdiction of such a dispute in accordance with the applicable laws of the United Kingdom.
9.4. The Provider is not liable for non-provision or improper provision of Services to the Customer in the event of any circumstances that arose not through the fault of the Provider (namely, circumstances that arose due to the fault or negligence of the Customer and/or circumstances that arose due to the fault or negligence of any third party (any third parties) and/or force majeure circumstances).
10. FORCE MAJEURE
10.1. The Parties are released from liability for failure to fulfill or improper fulfillment of obligations provided for in this Agreement if it occurred as a result of force majeure circumstances.
10.2. Force majeure circumstances in this Agreement mean any circumstances that arose beyond the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: military actions, civil unrest, epidemics, blockades, earthquakes, floods, fires, as well as decisions or orders of state authorities and management of the state of which the Customer is a resident, or the state of which the Provider is a resident, as a result of which additional obligations or restrictions are imposed on the Parties (or one of the Parties), making it impossible to fully or partially fulfill the Agreement, as well as other actions or events that exist beyond the will of the Parties.
10.3. If force majeure circumstances last more than 3 (three) consecutive months, each Party has the right to refuse further fulfillment of obligations under this Agreement and, in this case, neither Party has the right to claim compensation for possible losses from the other Party.
11. OTHER TERMS OF THE AGREEMENT
11.1. Each Party guarantees to the other Party that it possesses the necessary legal capacity, as well as all rights and powers necessary and sufficient for the conclusion and fulfillment of this Agreement in accordance with its terms.
11.2. Unilateral changes to the terms of the concluded Agreement by the Customer or refusal to fulfill the terms of the concluded Agreement by the Customer are unacceptable, except in cases provided for by this Agreement. Neither Party to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
11.3. The Provider confirms that it is a payer of single tax (group 3) at the rate provided by the Tax Code of the United Kingdom.
11.4. Information provided by the Customer is confidential. Information about the Customer is used solely for the purpose of fulfilling their Order.
11.5. By accepting the Agreement, the Customer voluntarily consents to the collection and processing of their personal data for the following purposes: the data that becomes known will be used for commercial purposes, including receiving information about the order and processing information about it, sending telecommunication means of communication (email, mobile communication) advertising and special offers, information about promotions or any other information about the activities of the Website www.inhomepower.com. In case of unwillingness to receive information about the activities of the Website www.inhomepower.com, the Customer has the right to contact the Provider and inform them of the refusal to receive promotional materials.
11.6. The Provider is not responsible for the content and accuracy of the information provided by the Customer when placing the Order. The Customer is responsible for the accuracy of the information provided when placing the Order.
11.7. The Customer is granted the right to use the Provider's Services exclusively in their internal activities without the right to alienate or transfer them in favor of third parties.
11.8. The Parties undertake to keep confidential information obtained as a result of the execution of this Agreement, except in cases where it is authorized in writing by the other Party or required by state authorities in accordance with applicable law. For the disclosure of confidential information, the guilty Party is liable in accordance with applicable law.
11.9. The Agreement is public and is valid until it is terminated in the manner prescribed by this Agreement.
11.10. The Provider independently in accordance with and in fulfillment of the requirements of applicable law determines the terms of this agreement. The Provider has the right to independently change and/or supplement the terms of this public Agreement, including the rules for providing and receiving Services under this Agreement. At the same time, the Provider guarantees and confirms that the current version of the text of this Agreement, including the rules for providing and receiving Services under this Agreement, is valid and is posted on the Provider's Website.
12. PROVIDER'S DETAILS MARKETMINDS ONLINE LTD
71-75 Shelton Street
Covent Garden
London WC2H 9JQ
UNITED KINGDOM
Company number: 514814126