OFFER AGREEMENT FOR PROVISION OF THE INFORMATION AND CONSULTING SERVICES
- Abrue Trading Limited, hereinafter referred to as the “Contractor” on behalf of its Director Ms. Stella Iacovou Chrisostomou, acting on the grounds of the Memorandum and Articles of Association, on the one hand, makes this offer to enter into this legally binding Offer Agreement (hereinafter – the “Offer Agreement” or the “Agreement”) by consenting to its terms and conditions below stated. This Offer Agreement is addressed to any interested natural person (whether being an individual with full legal capacity to enter into agreements or parent / guardian of a minor with responsibility for the student and for payment of the Customer’s fees hereunder) or a legal entity represented by its duly authorized representative in accordance with the applicable laws.
- This Agreement is the official Contractor’s offer (the “Offer”) to enter into the information and consulting services agreement (hereinafter – the “Services”) on the terms set out herein and contains all the material terms of the agreement on providing the information and consulting services.
- The acceptance of the Offer shall be effected by payment for the Services in the manner, amount and terms specified in this Offer Agreement.
- By accepting the Offer Agreement in a manner set out in clause 1.3 herein, the Customer confirms that they are fully familiarized, agree and unconditionally accept all the terms and conditions of the Agreement as they are stated in this Agreement Offer for the time being.
1.4.1. By accepting this Offer Agreement the Customer gives their express consent to the use of the Customer’s video recordings and photo images, in full or in part for social and/or otherwise public interest pursuant to Law providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of such Data of 2018 (Law 125(I)/2018) of the Republic of Cyprus and the General Data Protection Regulation (EU) 2016/679 (GDPR); at the same time the Customer grants full and unrestricted right to use the video recording and photo images with the Customer at workshops with educational and other purposes that do not contradict the applicable laws. By giving the consent to use the photo images and video recordings the Customer confirms that they will not dispute the copyrights and property rights to such photos and videos.
By accepting this Offer Agreement the Customer gives their express consent to receive newsletters about new products of the platform.
- The Customer acknowledges and confirms that by accepting Offer in the manner specified in clause 1.3 above they enter into this Offer Agreement on the terms and conditions set forth in the Offer.
- By accepting the Offer the Customer warrants that they have full legal capacity, power and authority to enter into the contractual relations with the Contractor:
1.6.1. the Customer warrants that they have reached at least the age of majority (age of full legal capacity) under the laws of their country and possess full legal capacity to enter into contractual relationship; or
1.6.2. the Customer is a parent or legal guardian of a minor and enters into this Agreement for and on behalf of such minor; by granting a minor their permission to use the Services, parent or guardian agrees to the terms of this Agreement on behalf of a minor and is responsible for supervision over minor’s usage of the Services. If a minor does not have your permission to use the Website and the Services, please contact us immediately so that we disable their access to the Website.
- This Offer Agreement is posted at the Contractor’s website at: https://polygled.com/ (hereinafter the “Website”)
- The Contractor may from time to time at any reason at any time amend and/or modify the terms of this Offer Agreement. The amendments to the terms of the Offer Agreement become effective as of the date of posting the amended version on the Website.
- The Offer may be revoked at any time.
- The Offer enters into force and remains in full legal force and effect without need for signing and/or affixing the seals of the Customer and the Contractor (jointly referred as the “Parties”).
- Subject to the terms and conditions of this Offer Agreement, the Contractor undertakes to provide the Services and the Customer undertakes to pay fees for such Services.
- The Training Program published by the Contractor contains the types and name of the lessons, list of topics, form of giving the lessons, time schedule of providing the Services and other relevant characteristics of the lessons. The Customer shall choose the necessary lesson(s) according to the Training Program.
- The Contractor may at its discretion engage any third party natural persons and legal entities as co-contractors for rendering the Services under the Agreement within the timeframes agreed and of high quality customary for this kind of Services.
- The Services will be provided online with use of the online e-learning platform at https://polygled.com/
3.Acceptance Term, Term of the Agreement
- The term for acceptance of the terms of the Offer Agreement by the Customer is unlimited.
- The Agreement becomes effective from the date of the Customer accepting its terms and remains in full force and effect until both Parties have performed their obligations in full.
4.Term of the Services Provision
- Timeframes for provision of Services shall be agreed upon by the Parties in accordance with the Training Program sent to the Customer after registration for the lessons. Specific characteristics of the lesson(s) such as time and date and quantity of the lessons shall be indicated in the Schedule, sent to the Customer after registration for the lessons.
5.Rights and obligations of the Parties
- The Customer undertakes to:
- Pay fees for the Services within the term and in the manner set out in the Offer Agreement;
- Properly complete all preparatory tasks and homework for each lesson (if any);
- In order to ensure due provision of the Services by the Contractor, the Customer undertakes to comply with the minimum technical requirements for the equipment used for the online lessons, namely: Dual-core (or more) processor, 4Gb RAM or more, 2Gb RAM or more, Google Chrome browser (last three versions) or Mozilla Firefox (last three versions), Internet connection speed of 1 Mbit or more, webcam and microphone;
- Maintain discipline and observe the generally accepted norms of behavior, in particular, respectful attitude to the Contractor’s personnel and to other students, do not demonstrate intimidating, offensive and/or insulting behavior towards the Contractor’s personnel and other students;
- Timely provide the Contractor with all necessary documents and information;
- Indemnify the Contractor for the damage caused in accordance with the applicable laws;
- Not use the information received from the Contractor in any manner that may be harmful or cause damage to the Contractor;
- The Contractor undertakes to:
- To organize and ensure proper provision of the Services in accordance with the Training Program, the Schedule and the Offer;
- To comply with the Schedule agreed by the Parties;
- To provide to the Customer with the necessary teaching and learning materials;
- To use all Customer’s personal data and confidential information only for the purpose of providing the Services. Do not disclose, divulge and otherwise make available to third parties any documents and information relating to the Customer that the Contractor has at its disposal;
- To treat the Customer with respect, to avoid psychological abuse towards the Customer, do not violate the Customer’s rights to freedom of conscience, information, and freedom of expression of their own opinions and beliefs;
- To give oral and written advice to the Customer on Customer’s additional inquiries. The Contractor shall, in each case, determine by itself the complexity of the inquiries, the scope and timing of the consultation.
- The Customer is entitled to:
- Request the Contractor to provide information relating to organization and proper provision of the Services;
- To demand the Contractor to provide the Services in timely manner and of good quality;
- To terminate the Agreement subject to prior payment to the Contractor of all expenses actually incurred by the Contractor for provision of the Services;
- If the Contractor commenced providing the Services with delay, or if in the course of providing the Services it became obvious that the provision of the Services on time is not possible, the Customer is entitled at their discretion to:
- set a new term when the Contractor must commence and (or) finish providing the Services;
- order the Services from a third party for a reasonable remuneration and request the Contractor to reimburse the incurred expenses;
- request a discount for the price of the Services;
- terminate the Agreement.
- refer to the Contractor with all queries related to the provision of Services and address to the Contractor any questions related to the provision of Services.
- receive complete and reliable information on the assessment of their knowledge, skills and competences and on the assessment criteria.
- The Contractor is entitled to:
- Independently determine the forms and methods of the Services provision based on the specific terms of the Offer Agreement, Customer’s requirements and in accordance with the applicable laws;
- Independently determine the assessment (scoring) system for the purposes of the provision of the Services, the assessment forms and procedures;
- Independently appoint the professional instructors providing the Services and to distribute the workload between such instructors;
- Demand payment of the fees for the Services provided or to demand payment for the Services in the course of provision of the same or for the Services provided earlier;
- terminate the agreement subject to reimbursement in full to the Customer of the damages incurred by the Customer in accordance with the applicable law;
- Make audio- and video- recording of the lessons with the purpose of quality control and improvement of the quality of the Services, and the Customer gives their express consent for such recordings;
- Receive from the any Customer any information necessary to perform its obligations under this Offer Agreement. In case of non-submission, incomplete or incorrect submission of information by the Customer, the Contractor shall have the right to suspend the performance of its obligations under the Agreement until the necessary information is provided by the Customer.
6.Lesson Postponement and No Show
- In the event the Contractor cannot provide the lesson on time, the Contractor shall notify the Customer two business days before the scheduled date of the lesson and postpone the lesson for a date and time agreed with the Customer.
- If the Customer does not appear online for the lesson at the time agreed and has not notified the Contractor in advance on their wish to postpone the lesson, the Contractor shall wait for the Customer online for 10 (ten) minutes. If the Customer does not appear online within the time set in this clause of the Agreement, the Customer is deemed have skipped the lesson at their fault. In this case no re-scheduling of the lesson skipped for a later date and no refund shall be made.
- The Customer may postpone or cancel the lesson with a prior notice not later than 24 hours to the scheduled lesson commencement time. If the Customer fails to notify the Contractor within the term set out in this clause, The Customer is deemed to have agreed with the scheduled lesson time. If the Customer skips the lesson without prior notice or with late notice, to the lesson schedule, no refund is available. The Customer may cancel no more than 2 (two) lessons per month, amount of lessons re-scheduling is unlimited. The Customer may re-schedule a lesson by themselves, using their Personal Account. A lesson may be re-scheduled only for the time slot indicated as available time in the schedule of a certain tutor.
7.Terms of Payment
- Payment for the Services provided in accordance with this Agreement shall be made by 100% (one hundred percent) prepayment not later than 2 (two) business days before the Course starts.
- Payment shall be made by the transfer of funds by the Customer via payment systems gateways integrated with https:\\polygled.com
- Payment for the Services will be processed by the payment systems the Licensor has agreement with. All rights and obligations relating to the payments processing shall arise directly between the payment processing company and the Customer.
- The Contractor does not process the personal data of the payers provided in connection with settlement of payments by the processing centre. The Contractor does not store on its servers, cloud storage services etc. Customer’s payment details, including the bank cards numbers, validity dates and holders’ names.
8.Liability of the Parties
- The Parties shall be liable for non-performance or undue performance of their obligations under this Agreement in accordance with the applicable law.
- Contractor’s liability for lesson’s cancellation shall be limited to refund of the fees for a cancelled lesson or re-scheduling of a lesson to time agreed with the Customer.
- Contractor’s liability in any other case shall be limited to the remuneration for the Course chosen and paid by the Customer.
- This Agreement may be terminated by mutual agreement of the Parties or by unilateral request of a Party on the grounds provided for in the Agreement and the applicable law.
- Termination of the Agreement by one Party’s request shall be made only upon written request of such within 30 calendar days from the date of receipt of the request for termination by the other Party.
- The Customer is entitled to unilaterally terminate the Agreement at any time. In the event of unilateral termination of the Agreement by the Customer, the payment received is non-refundable to the Customer and serves as the reimbursement of the factual expenses incurred by the Contractor and Contractor’s loss of profit.
- The Contractor is entitled to terminate the Agreement unilaterally in the following events:
- If the Customer fails to pay the fees for the Services in time;
- Multiple (two times or more) infringement by the Customer of the rights and legal interests of other students and of the Contractor’s personnel and/or violation of the Services provision.
The payment received from the Customer is non-refundable and serves as the reimbursement of the factual expenses incurred by the Contractor and Contractor’s loss of profit.
10.Personal Data Processing
10. 1.The Customer shall provide to the Contractor all data requested by the Website or Contractor, which are necessary for provision of the Services.
10. 3.Contractor undertakes not to disclose confidential information provided by the Customer in connection with performance of this Agreement (except for information that is publicly available or information provided by the Customer upon registration on the Website) to any third party without the Customer’s prior consent.
10. 4.Contractor may use email, phone number, Skype login and other data provided by the Customer upon registration on the Website for sending information and promotional materials to the Customer, including to inform the Customer about Contractor’s activities and the course of providing the Services hereunder.
- This Agreement, entering into and termination shall be governed by and construed in accordance with the law of the Republic of Cyprus and the European Union laws and regulations
- All disputes or controversies arising out of or in connection with entering into or performance of this Agreement shall be resolved by negotiations. An aggrieved Party shall communicate a written claim to the other Party by email and the other Party shall provide to that Party a substantiated reply within 10 (ten) business days from the date of receipt of a claim.
- If the Parties fail to reach the agreement by negotiations or the other Party fails to provide its reply to the claim, the dispute shall be brought for resolution to the competent court that has jurisdiction over such disputes.
- Without limitation to the consumer protection rights with respect to the dispute resolution, the Parties agree that if a claim is addressed to the Contractor, such claim must be submitted for resolution to the District Court of Nicosia, Cyprus
- Neither Party will be liable for any failure or delay in the performance of its obligations hereunder to the extent caused by a condition that is beyond a party’s reasonable control, including but not limited to fire, flood, earthquake, civil disturbance, acts of terrorism or war, governmental actions, interruption or failure of the Internet or any utility service, or denial of service attacks.
- The Party which fails to perform its obligations hereunder must notify the other Party on the occurrence of the event of Force Majeure not later that within 5 (five) calendar days from the start of the event of Force Majeure. Such notice must be accompanied by a certificate issued by a competent authority of the region where an event of Force Majeure has occurred.
- The Parties agree that inability of a party to pay its debts as they fall due shall not constitute an event of Force Majeure.
- The Parties acknowledge that if any part or provision of this Agreement is or becomes void or unenforceable, it shall be deemed not to be, or never to have been or formed, a part of the Agreement and the remaining provisions shall continue in full force and effect.
- Annex No. 1 Training Program and Annex No2 Course Schedule will be sent to the Customer after Customer’s enrollment to the Course.
15.Contractor’s Contact Details:
Abrue Trading Limited
Company number: HE 392465
Address: 12, Kennedy Business Centre, 2nd floor, 1087, Nicosia, Cyprus