OTEXE Global Solutions OÜ (Registry code: 16536027), hereinafter referred to as the “Contractor”, and the user of information and consulting services, hereinafter referred to as the “User”, collectively referred to as the “Parties”, have entered into this Agreement as follows.
1.1. The Contractor undertakes to provide, and the User undertakes to pay for information and consulting services under the terms of this Agreement, in accordance with the Consumer Rights Directive (2011/83/EU).
1.2. Information and consulting services include:
access to materials on the Contractor’s website (https://otexe.com) and webinar platforms for remote online consultations (hereinafter referred to as the “Electronic Platforms”);
oral or written consultations on topics agreed by the Parties, provided remotely through the Electronic Platforms or in person, individually or in groups.
1.3. The User can choose the form, topic and scope of the consultation by filling out a tariff on the Contractor’s website (https://otexe.com), which indicates the volume, content, duration and procedure for conducting consultations.
1.4. If the User is a legal entity, and the direct user is its employee, then the User ensures that the employee complies with all obligations under this Agreement (except for payment) and independently exercises all rights under this Agreement.
2.1. This Agreement, published at , is a public offer addressed to an indefinite number of persons in accordance with Article 11 of the Directive on Electronic Commerce (2000/31/EC).
2.2. This is a public contract that obliges the Contractor to provide services to all applicants on the terms and conditions set forth in it.
2.3. Acceptance of this Agreement is carried out by means of advance payment for services by the User in the manner specified herein.
2.4. The Agreement is considered concluded from the moment of receipt of the advance payment to the Contractor and is valid until the Parties fully fulfill their obligations. The date of acceptance is the date of crediting the funds to the Contractor’s account.
2.5. The contract is governed by Estonian law in accordance with EU regulations, and disputes are resolved in Estonian courts.
2.6. To conclude the Agreement, the User selects a tariff and submits an online application or contacts the Contractor by phone. The Contractor sends a confirmation email with payment instructions (invoice).
2.7. Upon receipt of the prepayment, the Contractor will send a confirmation email with the details of the selected fare and instructions on how to access the services.
The Contractor undertakes:
3.1. To provide services of proper quality in accordance with the selected tariff, in accordance with Article 5 of the Consumer Rights Directive.
3.2. Ensure the confidentiality of the User’s data in accordance with Article 5(1)(f) of the GDPR, as detailed in the Privacy Policy.
3.3. Suspend the provision of services if further actions are inappropriate or impossible due to circumstances beyond the control of the Contractor, notifying the User within 3 days.
3.4. Inform Users about changes to the terms of service (e.g. time, place) through the website (https://otexe.com) and by e-mail.
3.5. Within 30 days after the completion of the consultation, provide an electronic certificate; Within 180 days, provide a certificate in paper form by mail, if it is provided for by the tariff.
The User undertakes:
4.1. Provide accurate and complete information necessary for the provision of services.
4.2. Complete preparatory tasks in accordance with the consultation program.
4.3. Follow the consultant’s instructions during the tasks.
4.4. Maintain the confidentiality of the personal data of other participants obtained during consultations, in accordance with Article 5 of the GDPR.
4.5. Respect the Artist’s copyrights by not reproducing the materials without permission and not using them for commercial purposes, except for direct professional use.
4.6. Avoid actions that disrupt the conduct of consultations or affect other Users or the Contractor.
4.7. Regularly check the specified email for correspondence.
4.8. Comply with the agreed schedule of consultations and notify the Contractor of the inability or refusal to participate at least 14 days in advance, in accordance with section 6.
4.9. The User may not:
4.9.1. Copy or distribute consultation materials unless permitted by the Electronic Platforms.
4.9.2. Use the materials of the consultation for commercial purposes or in violation of Estonian law.
4.9.3. Copy or illegally use the software or design of the Contractor’s website.
4.9.4. Transfer personal data of third parties without consent, in accordance with Article 5 of the GDPR.
4.9.5. Place commercial advertising during consultations without the approval of the Contractor.
4.9.6. Modify the functionality of the Electronic Platforms.
4.9.7. Violate the rights of other members or third parties.
4.9.8. Use obscene language or disseminate information that encourages illegal actions.
5.1. The Contractor has the right to involve third parties in the provision of services, ensuring the conclusion of Data Processing Agreements in accordance with Article 28 of the GDPR.
5.2. The Contractor has the right to refuse to provide services if the User violates this Agreement or the legislation of Estonia by notifying the User by e-mail.
5.3. The user has the right to request information about the organization and quality of services.
5.4. The Contractor has the right to unilaterally refuse to perform if the User’s actions (for example, aggression, provision of false information) prevent execution, without refunding the advance payments recognized as expenses incurred.
5.5. The User has the right to refuse to perform until the services are fully provided in accordance with section 6 by notifying the Contractor by e-mail.
5.6. The Contractor has the right to determine the methods of preparation for consultations and tasks.
5.7. The Contractor has the right to adjust the topics, content, materials, dates or consultants of the consultations, ensuring that there is no deterioration in quality, with the publication of updates at https://otexe.com.
6.1. Payment is made on the basis of invoices or payment links sent by the Contractor, taking into account the tariffs indicated at the address https://otexe.com.
6.2. The user makes 100% prepayment by bank transfer or cash deposit. The payment date is the date the funds are credited.
6.3. Payment currency:
for EU residents: EUR
for non-EU residents: US dollar (USD).
All payment costs are borne by the User.
6.4. If the non-fulfillment of the Agreement is caused by the User’s non-compliance (e.g. failure to comply with instructions), the advance payments are not refunded and are recognized as expenses incurred.
6.5. If the failure to perform is caused by circumstances beyond the control of the Parties (e.g. force majeure), the advance payments will not be refunded.
6.6. Right of withdrawal (Article 9 of Directive 2011/83/EU).
To exercise this right, the User must notify the Contractor at the support@otexe.com address within 14 days, indicating the name, order number and the intention to refuse.
If the User expressly consents to the provision of services (e.g. access to online materials) within a 14-day period and acknowledges the loss of the right of withdrawal, no refund will be provided once the services have commenced, in accordance with Article 16(m).
6.7. Additional return conditions:
in case of notification of refusal at least 14 days before the consultation, the Contractor shall refund the cost of unprovided services, withholding 15% as expenses incurred;
advance payments for services at reduced prices (e.g. auctions, bonuses) are not refundable in case of refusal;
in order to access online content on a subscription basis, the User is informed of the automatic renewal prior to payment. Payments are debited monthly or annually, depending on the selected package. The user can cancel the subscription through the personal account or at the support@otexe.com address, with cancellation within 24 hours. Payments for the current period are non-refundable.
6.8. Refund procedure:
Return requests are submitted to the support@otexe.com address with the order number and cancellation details;
Refunds are processed within 10 business days for non-waiver cases or 14 days for legitimate waivers;
The contractor confirms the receipt of applications within 3 days.
6.9. The user is informed prior to payment that consent to the immediate provision of services (e.g. access to online lessons) entails the loss of the 14-day right of withdrawal, in accordance with Article 16(m).
7.1. Individual consultations are carried out according to the schedule agreed by e-mail.
7.2. Group consultations are held according to the schedule provided for by the tariff.
7.3. The Contractor has the right to adjust the details of face-to-face consultations, without compensation for the User’s expenses.
7.4. The Contractor registers Users for access to webinars and provides access data. The services are considered to be provided from the moment the data is transferred.
7.5. Access to recordings or materials of consultations is provided within 30 days after completion, with the duration of access set by the Contractor.
7.6. For face-to-face consultations, Users will independently organize travel and accommodation, unless provided for by the tariff.
7.7. Absence from consultations without 14 days’ notice will result in non-refund of advance payments in accordance with section 6.
7.8. The services are considered to be fully provided despite the User’s non-compliance (e.g. delays), without refund.
7.9. The risks of providing inaccurate information are borne by the User.
7.10. The Contractor is not responsible for the User’s use of information from consultations.
7.11. Liability is limited to the cost of services, without liability for damage to third parties.
7.12. Materials and notifications are sent electronically. The Contractor is not responsible for email or platform failures.
7.13. The User’s data is used only for the provision of services and is destroyed 5 years after provision, in accordance with the GDPR.
7.14. The services are considered properly provided if the User does not submit a claim within 5 days after the provision of the Services.
8.1. The materials of the consultations are subject to the copyright of the Contractor in accordance with the copyright legislation of Estonia. Users have the right to view the materials, but do not have other rights.
8.2. Copying or recording of consultation materials without permission is prohibited.
8.3. The use of the materials for commercial purposes or public distribution is prohibited.
8.4. Transfer of access credentials to third parties entails unilateral termination of the Agreement without return.
8.5. The existence of the Agreement is not confidential information.
8.6. The parties do not disclose information obtained in the course of performance, except in cases provided for by law or with consent.
9.1. The Contractor has the right to make changes to this Agreement at its own discretion.
9.2. Changes come into force 1 day after publication at https://otexe.com.
9.3. Users are obliged to familiarize themselves with the changes before using the site or booking consultations.
9.4. Continued use after changes implies consent.
9.5. In case of disagreement with the changes, the User can terminate the paid consultations or stop using the site.
9.6. The contract can be terminated by agreement or unilaterally, as indicated.
9.7. Refunds are made in accordance with Section 6, within 10 business days for non-waiver cases or 14 days for lawful waivers.
10.1. The Parties shall be liable in accordance with the legislation of Estonia and this Agreement.
10.2. Actions using the User’s authentication data or exchange by e-mail have legal force equal to a signature.
10.3. Force majeure (for example, natural disasters) exempts from liability, with mandatory prompt notification.
10.4. The Contractor is not responsible for the content of third-party websites, links to which are posted on the Electronic Platforms.
10.5. There is no guarantee that the consultations meet the User’s expectations or that the services are error-free.
10.6. Software/hardware failures are force majeure, exempting from liability.
10.7. The Contractor is not responsible for inaccurate data provided by the User.
10.8. The Contractor is not responsible for the quality of external services (for example, communication).
10.9. Copyright infringements are subject to a fine of €10,000, which may be reduced at the discretion of the Contractor, payable within 5 days.
11.1. Disputes are resolved through negotiations.
11.2. Unresolved disputes are resolved in the courts of Estonia.
11.3. Issues not regulated by the Agreement are regulated by the legislation of Estonia.
12.1. The User confirms:
a) as a natural person – he has reached the age of majority, has legal capacity, has no restrictions and agrees to all the conditions;
b) as a representative of a legal entity – he is duly authorized and agrees to all the terms and conditions.
12.2. The user guarantees the accuracy and completeness of the information by promptly updating changes.
12.2.1. The risks of inaccurate information are borne by the User, which is equivalent to non-fulfillment.
12.3. The User shall reimburse the Contractor for expenses or claims for non-performance.
13.1. Access is activated within 2 days after prepayment or by agreement.
13.2. Failure to receive payment for subsequent periods suspends access.
13.3. The list of materials is posted at https://otexe.com and can be updated unilaterally.
13.4. Users choose lessons within 21 days after prepayment.
13.5. The services are considered to be provided after 21 days.
13.6. Failure to pay within 45 days will result in termination of the Agreement and closure of access.
13.7. The cost depends on the selected package in accordance with the tariffs on the website.
13.8. Annual packages cover access for several months.
13.9. Late payments must be paid within 5 days.
13.10. Membership in the “Otexe Club” provides discounts during the 30-day validity period.
13.11. Subscriptions are perpetual with monthly payments unless canceled.
13.12. The subscription terms are similar to clauses 6.7 and 6.9.
14.1. The Contractor adheres to the CED Code of Ethics (adopted on May 26, 2017), available at the appropriate link.
OTEXE Global Solutions OÜ
Registry code: 16536027
VAT number: EE102515833
Address: 10152 Tallinn, Estonia, Vesivärava 50-201
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