Moscow «___» __________ 2019 y. _______________________________________________________________________, is legal representative___________________________________________, acting on the basis __________________________________________________, hereinafter referred to as "Customer" and Russian citizen Balykin Ruslan Anatolyevich, hereinafter referred to as the "Contractor", jointly referred to as "Parties", "Party" "have entered into this Agreement as follows:
Terms and Definitions:
Agreement - this agreement, including all Annexes, as well as any changes and additions to this agreement, made in writing and signed by authorized representatives of the Parties;
Services - a complex of informational - consulting and other services provided by the Contractor under this Agreement to the Customer for the purpose of choosing a field of activity (profession), employment, vocational training and support of entering a higher educational institution (hereinafter referred to as the university) in the Russian Federation, in accordance with the terms of this Agreement.
The customer - is a foreign citizen, or his legal representative, who has the intention to choose the sphere of professional activity, employment and vocational training in the territory of the Russian Federation in accordance with the terms of this Agreement.
Resource - the Internet resource
https://profcabinet.online/ which includes the program "Electronic room for vocational guidance for applicants" to provide vocational guidance services in order to choose a field of activity (profession), employment, vocational training in the territory of the Russian Federation. Certificate of state registration of computer programs No. 2018664129, dated November 12, 2018.
Application - issued on the Contractor's Resource order for the provision of services.
1. THE SUBJECT OF THE CONTRACT
1.1. The Contractor undertakes to render services to the Customer, in accordance with the terms of this Agreement and a completed electronic Application on an electronic Resource, and the Customer, in turn, undertakes to fully pay for these services in accordance with the terms of this Agreement.
2. COMPLEX AND PROCEDURE FOR PROVIDING SERVICES
2.1. The complex of the Contractor's Services includes:
• Determination of the profession, areas of training and the university in Russia;
• Providing all the necessary information about partner universities;
• Primary processing of forms, documents on education, an identity document;
• Formation of a package of documents for submission to the admissions office of a particular university;
• Assistance in obtaining an invitation from the university and a student visa (if required);
• Selection of a funding option for education;
• Assistance in paying tuition and providing accommodation in a dormitory;
• Booking and purchase of tickets (if required);
• Meeting upon arrival (if reqired);
• Preparation for competitive selection in the university.
2.2. In order to obtain the services of the Contractor, the Customer undergoes the registration procedure at the Resource and is being surveyed at the Resource in order to determine the direction of cooperation of the Parties.
2.3. The customer confirms the accuracy of the personal data entered by him at registration on the Resource and assumes all responsibility for their accuracy, completeness and accuracy, and also confirms that all actions that will be performed using this data are carried out by him personally or with his consent.
2.4. Services are considered to be rendered properly and in full after the formation of a complete set of documents for the university, filing it online and / or sending a physical copy of the documents to the university (depending on the requirements of the university).
2.5. The Customer consents to the provision, processing and storage of his personal data received by the Contractor to third parties in order to fulfill the obligations assumed by the (Contractor) under this Agreement.
2.6. The material liability of the Contractor under no circumstances may exceed the amount paid by the Customer for the provision of services.
2.7. Deadlines for providing of services: from June 15, 2019 to October 15, 2019.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Contractor must:
3.1.1. Provide services efficiently and within the agreed time frame.
3.1.2. Consider the Customer's Application and provide an answer no later than 10 (ten) business days from the date of its submission by the Customer. The answer is sent through the Resource services or other option available to the Parties.
3.1.3. If you receive a refusal from the university in accepting the Customer for training due to the fault of the Contractor, invite the Customer to submit documents to universities that are still open (if any) or submit documents again to the approved universities for the next academic period.
3.1.4. Not to disclose confidential information obtained during the provision of services about the customer.
3.2. Contractor may:
3.2.1. Independently determine the procedure for the performance of services under this Agreement.
3.2.2. Determine the timing of the Customer providing the necessary documents for the provision of services. In case of violation by the Customer of the deadlines for the provision of documents in accordance with this clause, the Contractor shall have the right to shift the terms of service delivery until the provision of documents from the Customer. If the failure to provide documents caused the Contractor to be unable to provide services, the Customer does not have the right to demand reimbursement and change the deadlines for submission of documents, in accordance with clauses 3.1.4.-3.1.5.
3.2.3. To terminate the contract without any compensation of money, in case of ignoring and violation by the Customer of the conditions of the requirements for providing documents and notifying the Contractor with reliable information that resulted in late submission of documents to the university or not performing any action required for the full service.
3.2.4. Restrict the Customer's access to the Resource services in the event that it violates the terms of this agreement and confidentiality requirements.
3.2.5. Perform any actions in order to fulfill the conditions of this Agreement in accordance with the existing professional experience and competencies.
3.3. The customer must:
3.3.1. Apply for the provision of services and the conclusion of an agreement via Resource.
3.3.2. To make a payment under this Agreement in the manner and terms set in section 4 of this Agreement.
3.3.3. Fill in personal information on the Resource in time, as well as provide the Contractor with reliable documents and information necessary to provide services.
The list of required documents and information, tasks and deadlines for their implementation are sent to the Customer by e-mail, through a personal account on the Resource of the Contractor or in person to the Customer. The deadlines for submission of materials by the Customer may be changed by the Contractor unilaterally, if necessary, caused by the requirements of the universities.
3.3.4. Inform the Contractor in advance of the impossibility of providing materials in accordance with clause 3.3.3. on time with a description of the reasons and an indication of the time to which the materials will be provided.
3.3.5. Provide the Contractor with complete and reliable information about the possible reasons why the Customer cannot be located in the territory of the Russian Federation.
3.3.6. In case of changes in personal information provided during registration and questioning on the Resource, the Customer is obliged to immediately inform the Contractor by sending an appropriate email notification and changing the information in the personal account on the Resource.
3.3.7. To reimburse the Contractor for all additional costs associated with the transfer of tuition fees to the university independently by the Contractor on behalf of the Customer.
3.3.8. To bear all the additional costs associated with admission to the university, such as sending documents to the postal service, translation and notarization of documents, personal travel and flights, etc.
If possible, these issues can be transferred to the execution of the Contractor, subject to reimbursement of the Contractor's costs.
3.3.9. Comply with the requirements of the legislation on the rules of stay in the territory of the Russian Federation, be independently responsible for their violation.
3.3.10. Comply with the requirements of the university in the framework of the provision of educational services to the customer or to the person represented by the customer, including, but not limited to, the requirements for visiting the university and the order of studying there.
3.4. The customer has the right to:
3.4.1. To receive from the Contractor all necessary and reliable information on the provision of services by the Contractor in accordance with this Agreement, as well as information relating to educational services of partner universities in the amount provided to the Contractor by the relevant institution of higher education.
3.4.2. In case of making a decision on unilateral termination of this Agreement, send a request to the email address of the Contractor indicating the reasons for termination of this Agreement.
In case of early termination of this Agreement, the Customer shall reimburse the Contractor for the losses incurred due to termination of the Agreement, and all costs incurred by him to fulfill this Agreement, subject to the requirements of art. 6 of this Agreement.
3.4.3. In case of termination of this Agreement to receive proportionate compensation and refund, subject to the restrictions established by this Agreement.
4. SIZE AND ORDER OF PAYMENT OF REMUNERATION
4.1. The cost of services (contract price)
is 1,000 (one thousand) US dollars, or 70,000 (seventy thousand) rubles, if the payment is made in Russian rubles. The contract price is specified without VAT.
4.2. Payment by the Customer under this Agreement is made in two steps:
4.2.1. Payment of 200 US dollars (or 14 000 rubles if the payment is made in rubles of the Russian Federation) (excluding VAT) within 3 days from the date of registration (preparation and completion) of the full set of documents required for sending to the university, that previously agreed with the Customer .
4.2.2. Payment of the remaining amount (800 (eight hundred) US dollars or 66,000 (sixty-six thousand) rubles if the payment is made in Russian rubles) within 3 days from the date of receipt of the invitation from the university.
4.3. The cost of individual orders of the Customer for the provision of additional services not specified in the preparation of the application shall be paid by the Customer separately in the terms further agreed by the parties..
4.4. Costs associated with cash transactions, including returns, are withheld from the customer.
5. RESPONSIBILITY OF THE PARTIES
5.1. For non-execution or improper execution of the terms of this agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
5.2. Responsibility for the accuracy of documents and information provided by the Customer in the framework of the execution of this Agreement, the Customer shall bear independently and in full.
5.3. Responsibility for compliance with the requirements of the university in the framework of the provision of educational services to the customer or to a person represented by the customer, including, but not limited to, the requirements for the procedure for visiting the university and the order of training, the customer bears independently and fully.
6. SPECIAL TERMS OF CANCELLATION OF THE AGREEMENT
6.1. Parties shall have the right to unilaterally refuse to perform this Agreement in accordance with the terms of this section.
6.2. The Contractor shall have the right to unilaterally refuse to perform this Agreement if the Customer fails to provide or fails to meet the deadlines for providing documents or information required by the Customer according to the terms of this Agreement.
6.3. The customer has the right to unilaterally refuse to perform this Agreement, in case of non-compliance by the Contractor with the deadlines for the provision of services established by this Agreement, if the Contractor has not notified the Customer in written form about the reasons for the increase in terms.
6.4. If the service is partially implemented, the Contractor has the right to demand compensation for the amount of work actually performed (services rendered).
6.5. Compensation to the Customer is not made if the Customer refuses to enroll in the university on his own initiative, after sending the documents to the university by the Contractor.
6.6. In any case of early termination of this Agreement, the amount paid by the Customer to the Contractor in accordance with clause 4.2.1. of this Agreement upon the preparation of the full set of documents required for sending to the university shall not be returned to the Customer.
6.7. In case the Customer provides inaccurate information that resulted in the inability of the Contractor to partially or fully perform this Agreement, the Contractor has the right to terminate this Agreement with the right to demand the full amount of the cost of services (the price of the Agreement).
6.8. Refunds will be made by the Contractor no later than 30 (thirty) calendar days after the Contractor takes a decision to compensate and corresponds a written notice to the Customer.
6.9. The amount of refund under this section may be deducted by the Contractor unilaterally if it was previously transferred by the Customer as payment for this Agreement.
7. FINAL PROVISIONS
7.1. This Agreement is concluded until the full provision of services by the Contractor.
7.2. The law and requirements of the legislation of the Russian Federation apply to the relations of the Parties, including disputes and disagreements arising under this Agreement and (or) in connection with its execution.
7.3. Disputes and disagreements arising from this Agreement or in connection with it, including those related to the conclusion, execution, termination and invalidity of this Agreement, will be resolved by the Parties through negotiations. The claim procedure is binding for the Parties.
7.4. The party that received the claim is obliged to inform the claimant about the results of the consideration of the complaint within 15 (fifteen) calendar days from the date of its receipt. The answer to the complaint is given in writing and sent to the other party by registered mail, by courier, handed over personally on receipt or sent to the email address specified by the party when entering into this Agreement in Art. 8.
7.5. If it is impossible to resolve disputes through negotiations, the dispute is submitted to the courts of general jurisdiction of the city of Moscow within the framework of the jurisdiction of the courts, in the manner prescribed by the current legislation of the Russian Federation.
7.6. Any changes and additions to this Agreement are valid only if they are made in writing in the form of an additional agreement to this Agreement and signed by both Parties.
7.7. In all that is not specified in this Agreement, the Parties are guided by the current legislation of the Russian Federation and generally accepted norms of business turnover in the Russian Federation.
7.8. When changing the name, address, bank details or reorganization, the Parties inform each other in writing within 10 days, except for the cases established by clause 3.3.7 of this Agreement.
7.9. Either of the parties has the right to refuse to perform the Agreement, having warned the other party not less than two weeks in consideration of the other conditions of this Agreement.
7.10. This Agreement is drawn up in two languages (Russian and English) in two copies having the same legal force, one copy for each of the Parties.
7.11. This contract is considered to be concluded and is valid from the moment of signing by both parties.
7.11.1. In addition to the procedure for concluding the Agreement specified in clause 7.11., This Agreement is concluded through the exchange of scanned copies of the Parties by e-mail specified in Art. 8, in jpeg or pdf format. A Contract sent in this way, as well as other documents within the framework of the execution of this Contract, shall be considered signed with a simple electronic signature and recognized by the parties as equivalent to a paper signed by a handwritten signature of the parties.
8. ADDRESSES, REQUISITES AND SIGNATURES OF THE PARTIES
Balykin Ruslan Anatolyevich
Account number (Beneficiary account): 40817840238181801904
Correspondent SWIFT: IRVTUS3N
Correspondent Bank: The Bank of New York Mellon, New York
Beneficiary SWIFT: SABRRUMM
Beneficiary Bank: SBERBANK, MOSCOW
BIC: 044525225
Corr. account: 30101810400000000225
INN: 7707083893
Checkpoint: 773643001Website address on the Internet:
https://profcabinet.org Email:
info@profcabinet.org tel.: +79032349889