Offer Agreement
Public offer of [provision] of informational and consulting services.
In effect since 4 June, 2024.
1. GENERAL PROVISIONS
1.1. This document, addressed to any natural person referred to hereinafter as the "Client", is an official offer from "Training Center Pavel Piskarev", UIC 206663125, registered in the Registry Agency - Commercial Register under the laws of the Republic of Bulgaria on 27.09.2021, hereinafter referred to as the "Contractor", and contains all the essential terms for the Client's registration in the information system of the training center in accordance with the Commercial Law, the Obligations and Contracts Act, and Bulgarian legislation.
1.2. This document is a public offer. Any natural or legal person who visits the Contractor's websites and/or the subdomains of the websites listed in the appendix to this Offer, intending to purchase one or another informational and consultancy service and to pay for the receipt of information and consultation, acquires the status of a Client.
2. SUBJECT OF THE OFFER
2.1. The subject of this Offer is the paid provision of informational and consultancy services to the Client through webinars and/or the sale of electronic goods (text, audio, video), live performances, provision of individual consultations, including with the participation of third parties, hereinafter referred to as informational and consultancy services.
2.2. The current offer agreement is available at the following address: https://www.neurograff-bg.com/oferta.
3. TERMS AND PROCEDURE FOR PROVIDING SERVICES. ACCEPTANCE OF THE OFFER
3.1. The acceptance of the public offer (complete and unconditional) is considered the payment by the Client for the services offered by the Contractor. Regarding the services offered by the Contractor on installment payment terms, the full and unconditional acceptance of the offer is the payment by the Client of the first due amount agreed upon between the parties.
3.2. The acceptance of the public offer and the subsequent action - the conclusion of a Contract/Agreement with the Client is done by filling out an application for receiving services on the Contractor's websites and/or subdomains of the Contractor's websites (hereinafter referred to as Applications) and paying for these services by transferring funds to the Contractor's accounts directly or through one of the payment instruments listed on the Contractor's websites. Acceptance is done without signing protocols. The lack of a request for a refund by the Client in accordance with clause 4.2 means that the services are provided on time and with the required quality.
3.3. Services for receiving and transferring funds and technical support for payments from Buyers on behalf and at the expense of the Seller are provided by KBC Bank and PayPal, depending on which course is being paid for.
3.4. To fill out the Application, the Client must provide the following data: name, surname, contact phone number, email address.
3.5. Links for participation in the webinar, training, links for downloading and/or viewing the ordered digital goods are sent to the Client to the email specified by them after the Contractor receives the payment.
3.6. If within 3 (three) working days after making the payment, the Client has not received a link to the ordered services, they should contact the support service at the address: neurograffbg@gmail.com and provide proof of the paid amount - an electronic copy of the payment receipt or payment details.
3.7. The Client must independently configure the software, hardware, and internet channel of their computer in a way that they have the technical ability to freely use all services of the portals - www.facebook.com, www.youtube.com, zoom.us, www.pruffme.com, www.disk.yandex.ru, which are used in the process of providing services to receive the respective informational and consultancy services.
3.8. The Contractor reserves the right to terminate the provision of services to the Client without the right to a refund in case of a detected violation by the Client of the rules for receiving services, namely: incitement of ethnic and other conflicts, distraction of other participants from receiving services, posting unauthorized advertising in the Contractor's resources, obscene statements, insults to the Contractor, persons involved by the Contractor to provide services or other participants, wrongful actions of the Client against the Contractor or other participants.
3.9. Services are provided for the Client's personal use. The Client has no right to provide access to informational and consultancy services as well as digital goods owned by the Contractor to third parties for their joint use without the explicit written consent of the Contractor.
3.10. The Client has no right to distribute - publish, including on internet sites; the client has no right to copy, transfer or resell to third parties for commercial or non-commercial purposes the materials provided to them by the Contractor under this Agreement/Offer Contract, as well as to use them in any other way different from personal use without the explicit written consent of the Client.
3.11. Additional professional education and obtaining a state diploma and certificates for advanced training is an additional service that can be issued after completing the course and services in accordance with this Agreement/Offer Contract and is governed by an additional agreement.
4. TERMS AND PROCEDURE FOR CLAIMS
4.1. The Contractor undertakes to provide informational and consultancy services on time in accordance with the program and with quality parameters strictly in accordance with the description published on the Contractor's websites.
4.2. The Client has the right to refuse the provision of paid informational and consultancy services and to request a refund only in case of gross violation by the Contractor of the characteristics of the services specified in the program description, as well as the provided quantity of materials and consultations.
4.3. The Contractor is not responsible for non-compliance of the provided service with the Client's expectations and/or their subjective evaluation. Such non-compliance with expectations and/or negative subjective evaluation is not grounds to consider that the provided services are of poor quality or do not meet the agreed volume.
4.4. The payment by the Client for the next package of informational and consultancy services means unconditional confirmation by the Client of the fact that all previously provided services had the required level of quality and were fully provided by the Contractor and received by the Client.
4.5. In case of inability to receive the service due to the Client's fault, their decision to refuse to receive the service, except as provided in clause 4.2, cannot be accepted as a claim, and the funds transferred by the Client are non-refundable.
4.6. Regardless of the Client's study of the materials provided by the Contractor, attendance of individual and group consultations provided by the Contractor, the services are considered fully provided and accepted by the Client after six calendar months from the moment of providing access by the Contractor to the materials sent to the Client's email, including to the account and group in the social network Facebook, account on the training platform or to the chat on Facebook.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
THE CONTRACTOR:
5.1. The Contractor undertakes to provide informational and consultancy services in accordance with the description published on the Contractor's websites, timely transferring the necessary links for receiving services, access to closed sections, and schedules for individual consultations to the Client.
5.2. The Contractor is not responsible for the inability to service the Client due to reasons related to the interruption of the Internet channel, equipment, or software on the Client's part, as well as for any other reasons preventing the Client from receiving services arising through the Client's fault.
5.3. The Contractor is not responsible for the way the Client used the information received during the informational and consultancy service, as well as for the results of its use by the Client.
5.4. The Contractor has the right at any time to unilaterally change the content of the materials and the terms of this public offer without prior agreement with the Client, ensuring the publication of the changed conditions on the Contractor's websites no less than one day before that.
5.5. The overall responsibility of the Contractor under the Agreement/Offer Contract for any claim, as well as the claim regarding its performance, is limited to the amount paid to the Contractor by the Client under the offer Agreement/Contract.
THE CLIENT:
5.6. The Client must provide complete and accurate data when filling out the Application. In case the Application contains incorrect or incomplete data, the Contractor is not responsible to the Client for providing informational materials as a result of incorrectly specified data not to the Client but to third parties.
5.7. The Client must ensure the continuous operation of the Internet channel, equipment, and software on their part so that they can freely use all the services of the portals https://education.neurographica.us, www.facebook.com, www.youtube.com, zoom.com and others, which are used in the process of providing services.
5.8. The Client must immediately notify the Contractor of changes in their contact data in writing via email for contact: neurograffbg@gmail.com.
5.9. The Client shall comply with all terms and conditions of use of the Platform.
6. ADDITIONAL PROVISIONS
6.1. By accepting the terms of the Offer, the Client agrees in accordance with applicable law to the processing (hereinafter referred to as PD processing) by the Contractor of the information provided by them and/or their personal data.
6.2. The PD processing is carried out with the help of automation tools, including: collection, recording, systematisation, accumulation, storage, clarification (updating, change), extraction, use, transfer, provision, depersonalisation, blocking, deletion, destruction of data to fulfil the Contractor's obligations under the terms of this Agreement/Contract, as well as other obligations provided for in the same, including compliance with the requirements of the Measures Against Money Laundering Act (ZMIIP).
6.3.The period of use of the data provided by the Client is unlimited.
6.4. The Client accepts and agrees to the Contractor's processing and use of the information and/or personal data provided by the Client for the purpose of sending information about the Contractor's services and offers. The same may be sent to the contact telephone number and/or contact email address provided by the Client indefinitely until the Contractor receives written and/or email notice of unsubscription. The Client also consents to the transfer, for the purpose of carrying out the actions set out in this clause, by the Contractor of the information provided by the Client and/or its personal data to third parties if there is a duly executed contract between the Contractor and such third parties.
6.5. All information materials provided by the Contractor to the Client, including possible recordings of video broadcasts made by the Contractor in the process of providing services, are the result of intellectual activity, constitute the exclusive copyright, including related copyrights and belong to the Contractor.
6.6. The use of the results of the intellectual activity without the written consent of the Contractor is a violation of the Contractor's exclusive right under the Copyright and Related Rights Act (CRAA), which may result in civil, administrative and criminal liability, in accordance with the applicable legislation of the Republic of Bulgaria.
6.7. By entering into this Agreement/Contract, the Client agrees to the use of his feedback (information about his results, without mentioning the Client's full name) from the service provided by the Contractor, transferred to the Contractor as part of the performance of this Agreement/Contract, for posting on social networks, on the official website on the Internet, as well as on any other social resources of the Contractor.
6.8. By signing the Agreement / Contract, the Client confirms that all the terms and conditions of the public offer and this Agreement / Contract are clear to him and he accepts them unconditionally and in full.
6.9. This Agreement/Contract, shall be deemed to have been entered into and shall be effective for the parties from the date of payment for the services by the Client and shall be for the full performance of the obligations of the parties. The date of payment shall be deemed to be the receipt of funds into the Contractor's bank account.
7. AMENDMENT OF TERMS AND CANCELLATION OF THE CONTRACT
7.1 The Client has the right, upon agreement with the Contractor, to replace the paid training program with another training program offered by the Contractor on the day of such replacement. The Contractor has the right to make the replacement at their discretion:
The dates of the training program, provided the Client is notified at least 24 hours before the start of the training program;
The instructor of the program, provided the Client is notified at least one hour before the start of the session.
7.2 The Client has the right, for any reason during the training period, starting from the date of commencement of the training under any of the programs and until the day of its completion, to withdraw from this Contract-offer and request a refund of the paid amount. The amount to be refunded to the Client is determined as the amount paid by the Client to the Contractor, reduced by the value of the services actually provided by the Contractor up to the date of receipt by the Contractor of the Application for Refund (hereinafter referred to as the "Application") calculated by the following formula:
SR = TS - CS - ACI
where:
SR - sum for refund;
TS - total services price paid by the client;
CS - cost of the actual conducted classes according to the training schedule (all programs are available on the official website of the organisation: https://metamodern.ru/license/education.php);
ACI - actual costs incurred by the Contractor in connection with the provision of services under the contract, the amount of which is EUR 30. This amount includes the following costs for each trainee - platform services costs, development and formation of the training programme, remuneration for curators/instructors/speakers/teachers, other expenses incurred by the Contractor in providing the services, including bank commissions, client attraction agent fees, etc.
The provisions of this clause also apply in cases where the Client makes an advance payment before paying the full cost of the program, as well as in cases where the payment of the program is made in instalments.
7.3 In the event of receiving the corresponding request from the Client before the start of training under any of the programs, the refund is made in full without applying the calculation formula according to clause 5.2 of this Contract-offer.
7.4 If the program only provides access to electronic materials (text, audio, video) intended for self-study by the student, the service is considered provided from the moment access to these materials is granted, and no refunds are made for this service.
7.5 There is no provision for refund of the paid service cost if the services are not provided due to the Client's fault.
7.6 For the purposes of calculating the periods and deadlines provided in the Contract-offer, Bulgarian time applies, regardless of the time zone at the Client's location.
7.7 The refund is made within 10 (ten) days from the date of receipt by the Contractor of the corresponding application from the Client. The Refund Application is filled out by the Client in a form provided by the Contractor and contains the contact details of the Client as well as the bank details for the transfer of funds. Copies of documents confirming the payment fact must be attached to the Application. The Application must be handwritten, signed by the Client, scanned, and sent to the Contractor by email: neurograffbg@gmail.com. In case of violation of the conditions specified in this clause, the refund period may be extended by the Contractor proportionally to the period of receipt of the correctly filled Application by the Client.
7.8 Upon receipt of the Client's refund application, the Client is no longer allowed to participate in the Classes, and the Contract-offer is considered canceled. At the Client's request, the Contractor issues a certificate for the subjects (disciplines, modules) completed within the program.
8. DEFAULT AND DISPUTE RESOLUTION
8.1. The parties shall be liable for any failure to perform or inaccurate performance of the obligations under this Public Offer in accordance with applicable law.
8.2. Neither party shall be liable for failure to perform its obligations due to the occurrence of force majeure - war, hostilities, revolutions, earthquakes, floods, embargoes, etc., which are certified by the BCCI or any other competent authority. The party claiming to be affected by events of force majeure is obliged to notify the opposite party within 5 (five) days after the occurrence of the event in question and is obliged to provide a certificate confirming the existence of such event. If a party has been unable to perform its obligations due to force majeure, the period shall be extended by a period of time equal to the period of time during which the temporary non-performance caused by the force majeure has lasted.
8.3. The provisions of the Bulgarian legislation in force shall apply to the resolution of all relations between the Parties not settled by the Contract/Agreement.
8.4. All disputes between the Parties arising out of this Contract/Agreement, or relating to its interpretation, invalidity, performance or termination, as well as disputes concerning the filling of gaps or its adaptation to newly arising circumstances, shall be settled by mutual agreement between the Parties, and in the event of failure to reach an agreement, shall be settled by the competent Bulgarian court.
8.5. This document is an offer. The Contractor reserves the right to make changes to the offer without prior agreement with the Client, ensuring the publication of the changed terms on the Contractor's websites no less than one day before they take effect.
8.6. All other issues not provided for in this offer are governed by the legislation of the Republic of Bulgaria.
This public offer for the provision of information and consultancy services is effective from 4 June 2024.
Annex to this offer: List of websites (domains) owned by the Contractor:
neurographica.us, www.neurograff-bg.com, neurograff.com, metamodern.ru, neurographica.metamodern.ru and other sub domains), ipyramid.ru, ikp-metamodern.com, piskarev.ru, iang.pro, neurodesign.pro, neuroplastica.pro, multi-role-personality.com, neuroarchreal.com, neurographica.co.il, neurocafe.ru, bodjin.com, neurogestalt.pro, neurowave.ru, neuroart.pro, neurobutik.tilda.ws, bogoban.com, neuroholding.ru.
TRAINING CENTER PAVEL PISKAREV LTD,
str. Lavele 16, Sofia 1000, Bulgaria
Bank details:
TRAINING CENTER PAVEL PISKAREV LTD
BG31RZBB91551013875427 EUR ,
BG73RZBB91551013866620 USD ,
SUIFT RZBBBGSF ,
RAIFFEISEN BANK
Bank Address: 55 Nikola Y. Vaptsarov Blvd., 1407 Hladilnika Industrial Zone, Sofia