OTEXE® A.V.D.E™ Additional Vocational Dental Education

STANDARD FORM

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Last updated 6 March 2019 

CONTRACT OF INFORMATION AND CONSULTING SERVICES ENGAGEMENT ON THE TERMS OF PUBLIC OFFER


OTEXE MEDIA Limited Liability Company, hereinafter referred to as the "Contractor", and the consumer of information and consulting services hereinafter referred to as the "Consumer", on the other hand, hereinafter referred as “Parties” have concluded this Contract as follows.

1. SUBJECT OF THE CONTRACT
1.1. The Contractor shall provide, and the Consumer undertakes to pay for information and consulting services under the terms of this Contract.
1.2. The term information and consulting services implies the organization and consultation in the forms indicated below:
- providing access to the materials, available on the Contractor’s website https://otexe.com, and to webinar-services for distant online consultations (thereinafter – electronic platforms of the Contractor)
- consultations in oral or/and written forms on the topics agreed by the Parties
Consultation is held either remoted by means of the services set on the electronic platforms of the Constructor or it can be a face-to-face consultation. The consultation can be either individual or for several Consumers at the same time.
1.3. The Consumer has a right to choose a form, a topic and the extent of consultation by means of choosing one of the consultation tariffs on the Constructor’s website https://otexe.com. The tariff involves the conditions of extent, content, duration and process of consulting.
1.4. If the Customer under this Contract is a legal entity, and the direct consumer of services is its employee, the Customer shall ensure the performance by such employee of all obligations of the Customer under this Contract (apart from the obligations to pay for services), and independently ensures the implementation of all rights belonging to the Customer under this Contract.

2. PROCEDURE FOR THE CONCLUSION OF THE CONTRACT
2.1. The text flow of the present Contract in the official Contractor’s website to the address https://otexe.com/dogovor-oferti is a public Contractor’s offer addressed to indefinite number of persons, to conclude this Contract (paragraph 2, article 407 of the Civil Code of the Republic of Belarus).
2.2. This Contract is a public Contract (article 396 of the Civil Code of the Republic of Belarus), according to which the Contractor assumes the obligation to provide services in respect of an indefinite number of persons who have applied for these services.
2.3. This Contract is also the Contract of adhesion. Its conclusion is made by the Customer acceptance of the terms of this Contract in the manner prescribed by article 398 of the Civil Code of the Republic of Belarus i.e. by joining this Contract as a whole without any conditions, exceptions and reservations.
2.4. The fact of this Contract terms acceptance by the Customer is the prepayment of the services ordered by the Customer in accordance with the terms of this Contract (paragraph 3 article 408 of the Civil Code of the Republic of Belarus).
2.5. The Contract shall be treated as concluded at the time of perception by the Contractor who sent the offer, its acceptance (paragraph 1, article 403 of the Civil Code of the Republic of Belarus), and is valid until the parties fulfill their obligations. The date of acceptance under this Contract shall be the date of crediting the Customer's funds to the account of the Contractor in advance of the ordered services.
2.6. The written form of the Contract as concluded in compliance with the acceptance according to paragraph 2.4. of the Contract (paragraph 3, article 404, paragraph 3, article 408 of the Civil Code of the Republic of Belarus). The place of the Contract – Minsk, Republic of Belarus.
2.7. If you wish to enter into a contract with the Contractor, the Customer shall select the tariff of consulting and registration of an online application for the provision of services on the Contractor's website or by phone. After receiving a request from the Customer, the Contractor shall send to the customer's e-mail confirmation of acceptance of the application with instructions on payment for services (invoice).
2.8. After receipt of the advance payment from the Customer, the Contractor shall send to the Customer's e-mail address a confirmation of payment receipt indicating the selected rate of consultation and all necessary information for the instruction to obtain information and consulting services.


3. PROCEDURE FOR THE CONCLUSION OF THE CONTRACT
The Contractor is obliged to:
3.1. Organize and ensure the services of proper quality provided in this Contract, in accordance with the tariff chosen by the Customer.
3.2. Maintain the confidentiality of information about the Customer, which he knew in connection with the provision of services.
3.3. If in the process of providing services, it turns out that it is inappropriate to carry out further actions or impossible to achieve the objectives of counseling due to circumstances beyond the control of the Contractor, the latter is obliged to suspend the activity, informing the Customer within 3 days after the suspension of services.
3.4. Timely inform about changes arising in the course of the service: terms, time, place of consultations, by publishing information on the Internet on the website of the Contractor https://otexe.com, and by informing the Customer by electronic means of communication.
3.5. Within 30 working days from the date of completion of the consultation, send to the Customer by e-mail an electronic certificate confirming participation in the consultation, and within 180 working days - send to the Customer a certificate in hard copy by mail, if it is provided by the consultation tariff.


4. OBLIGATIONS OF THE CONSUMER
The consumer is obliged to:
4.1. Provide reliable information while concluding the Contract and the full information, which is necessary for the Contractor to render the services of proper quality.
4.2. Properly do tasks in the preparation of the consultation (if their presence provides a counselling programme).
4.3. Strictly follow the consultant’s instructions when doing the tasks.
4.4. Maintain confidentiality of other participants’ personal information in the consultation on any matters that he learnt during the consultation process.
4.5. Comply with all copyrights of the Contractor, in particular, not to replicate the materials provided to the Customer without the permission of the Contractor, and not to generate income using these materials, in addition to the direct application of the information obtained in the course of consulting in professional practice in the provision of medical services.
4.6. Observe discipline, not to carry out actions that negatively affect the course of consulting, interfere with other Customers, as well as the Contractor.
4.7. Timely check the correspondence received by e-mail, which the Customer gave to the Contractor when making an application for the conclusion of the contract.
4.8. Strictly follow the schedule of participation in the consultation agreed with the Contractor and inform the Contractor about the impossibility or refusal to participate in the consultation at least 30 days before it.
4.9. The Consumer does not have right to:
4.9.1. Copy or spread any information (including parts and components of information materials, which he got access to while consulting), except when such function is directly provided by electronic platforms of the Contractor;
4.9.2. Use the information obtained in the course of consulting, to carry out commercial activities and make a profit by distributing it or for use in a manner contrary to the legislation of the Republic of Belarus;
4.9.3. Copy or to use in other way the programme part of the Contractor’s internet-site and its design as well;
4.9.4. Place personal data of third parties without their consent, including home addresses, phone numbers, passport data, e-mail addresses on the Contractor's website;
4.9.5. While consulting, place commercial advertising, commercial offers, promotional information and any other intrusive information, except when the placement of such information is agreed with the Contractor;
4.9.6. Change in any way the software part of electronic platforms, to perform actions aimed at changing the functionality and performance of electronic platforms.
4.9.7. Offend and otherwise violate the rights and freedoms of other counselling participants, third parties and groups;
4.9.8. Use obscenities, to carry out or disseminate information containing calls for mass riots, extremist activities and participation in mass (public) events, held with violation of the established order.

5. THE RIGHTS OF THE CONTRACTOR AND THE CONSUMER
5.1. The Contractor has a right to engage third parties to provide services.
5.2. The Contractor has a right to refuse to provide services to the Customer, if the Customer in the cases provided by the civil legislation of the Republic of Belarus and this Contract, and giving the Contractor the right to refuse to perform the contract unilaterally.
5.3. The Consumer has a right to demand from the Contractor information on the matters connected with organization and provision of good-quality service, set by the present Contract and tariff.
5.5. The Contractor has a right to withdraw from this Contract unilaterally, and to suspend the actions initiated to provide services in the following cases:
- when the Customer's violation of its obligations under this Contract prevents the performance of the Contract by the Contractor
- manifestation of aggression or disrespect on the part of the Customer
- improper execution by the Customer at the conclusion and/or execution of the contract knowingly incorrect (false) information.
The Contractor shall notify the Customer about the exercise of the right of unilateral withdrawal from the contract by sending a notification via e-mail. The agreement shall be deemed terminated on the date of notification by the Contractor. The Contractor does not return the amount of the prepayment, made by the Customer to him; the Customer agrees that the amount of the payment is the amount actually incurred by the Contractor costs associated with the provision of services.
5.6. The Customer has the right to withdraw from this Contract until the full provision of services by the Contractor. In this case, the Customer shall send a notice of cancellation of the Contract to the Contractor's e-mail. The customer's refusal to perform this Contract shall entail the termination of all obligations of the Contractor under this Contact.
5.7. The Contractor has the right to determine independently the methods and scope of tasks for preparing for consultations.
5.8. The contractor may at any time, at its discretion, change the topics of consultations, change the content of the consultation, the number, name and type of materials used for consultations, the date and time of the relevant consultations and their duration, as well as, if necessary, replace the consultants. At the same time, the Contractor guarantees that such changes will not lead to deterioration of the quality of any consultations, including free ones. Information on such changes shall be published on the Contractor's website https://otexe.com immediately prior to the relevant consultation in which such changes have occurred.


6. PAYMENT FOR SERVICES AND REFUND
6.1. Payment for the services provided is made based on the invoice and (or) on the acquiring link (authorized by the acquiring Bank) sent by the Contractor to the Customer at the conclusion of this Contract. The cost of services is determined by the rates posted on the Contractor’s website.
6.2. The Customer makes an advance payment in the 100% amount of the services cost by transferring non-cash funds or by depositing cash to the Contractor’s account. The payment date will be the transfer day of funds to the Contractor’s account.

6.3. The payment currency:
- if the Customer is a resident of the Republic of Belarus – Belarusian rubles,
- if the Customer is not a resident of the Republic of Belarus – dollar, euro, Russian rubles and other currency.
 All costs associated with the payments under this Contract to the Contractor’s account shall be borne by the Customer.
6.4. In case of impossibility of this Contract execution, arising from the failure or improper performance by the Customer of obligations under the Contract, as well as due to intentional or careless Customer’s actions/inaction, the prepayment amount
made by the Customer for the provision of services shall not be refunded to the Customer.
6.5. In cases where the inability to perform this Contract arose due to circumstances for which neither party is responsible, the amount of the prepayment made by the Customer is recognized as actually incurred in connection with the provision of services by the Contractor and is not refundable.
6.6. The Customer has the right at any time to withdraw from this Contract unilaterally by sending the Contractor a notification by e-mail. In this case, subject to notice receipt of unilateral refusal from the Customer no later than 30 days prior to the consultation, the Contractor shall return to the Customer the cost of the consultations not held with the 15% retention of this amount as actually incurred expenses of the Contractor. In other cases, all prepayments made by the Customer shall be recognized as actually incurred in connection with the services provision by the Contractor and shall not be returned to the Customer.
6.7. In the case of payment by the Customer of the services on the terms of auction, bonus and other special prices with discount application and subsequent refusal of the Customer from the Contract in whole or in part made by the Customer advance payment is recognized actually incurred in connection with the provision of services at the expense of the Contractor and returned to the Customer is not subject.


7. SERVICE TERMS AND CONDITIONS
7.1. Provision of services at rates involving individual counseling is carried out according to the individual schedule agreed by the Contractor and the Customer by e-mail.
7.2. Provision of services at rates involving group consulting of several Customers is carried out according to the schedule specified in the tariff description.
7.3. At any time the Contractor has the right to adjust the date, time and place of face-to-face consultation with which the Customer agrees and is familiar. Any costs associated with the change of date, time and place of consultations to the Customer shall not be reimbursed.
7.4. To organize access to information materials and online consultations, the Contractor shall register the Customer in the accounting system of the webinar service and send the Customer the relevant access data to participate in the consultation. Service for part-time, online business is considered provided after the Contractor's data access to the webinar service.
7.5. If the tariff provides the Customer's access to the audio-/video recording of the consultation and other information materials, the Contractor shall provide the Customer with access data within 30 days from the date of consultation completion. The period for which the access is granted to the Customer is determined by the Contractor independently and reported to the Customer together with the access data to the record and materials.
7.6. In case of participation in the face-to-face consultation, the Customer independently provides himself with a place of residence, independently bears the costs of transfer to the place of consultation and back. The Customer is responsible for the choice of method, place and conditions of accommodation and travel, the choice of food. The Contractor provides services for catering, accommodation and travel only if it is provided by the tariff.
7.7. In case of Customer’s absence from face-to-face consultation or online consultation for any reasons beyond the Contractor’s will, and the absence of warning about the refusal of the Contractor's services 30 days before the consultation, the Customer loses the right to refund the prepayment, the entire amount of prepayment is recognized by the Parties as the Contractor's expenses related to the provision of services.
7.8. In case of violation by the Customer of the rules of rendering services (delay, partial presence, not following programs of consultations) services are considered rendered in full, payment is not returned.
7.9. The Customer bears all the risks of incorrect, incomplete and insufficiently detailed indication of the data provided to the Contractor for consulting.
7.10. The Customer independently applies in practice the information received from the Contractor during the provision of services. The Contractor is not responsible for the results of the Customer's actions.
7.11. The amount of the Contractor’s liability may not exceed the cost of services provided to the Customer under this Contract. The Contractor shall not be liable for damages to the Customer, as well as causing moral damage to him by the actions of third parties as a result of the Customer's failure to comply with the recommendations of the Contractor.
7.12. All materials prepared by the Contractor in the process of providing services are formed by him in electronic form and sent to the specified Customer’s e-mail address or by other resources on the Internet. All notices, invoices and other documents are sent by the parties via e-mail or other resources on the Internet. The Contractor is not responsible for improper work of the parties, which use e-mail services, or used by them in the performance of the Contract resources on the Internet particularly late receipt of letters, the lack of the ability to deliver them, technical difficulties and malfunctions of the access to information material, newsletters, webinar services, etc.
7.13. The Contractor undertakes to use all personal and other Customer’s data received within the framework of the provision of services only for the purpose of proper service provision. The Contractor has no right to transfer the received personal data of the Customer within 5 years after the end of the service provision, after which the personal data is destroyed.
7.14. Confirmation of rendering services by the Contractor is receipt by the Customer of access data to the electronic platform of the Contractor for participation in online consultation or information on time, place and method of participation in face-to-face consultation. Services are considered to be rendered properly and completely, if within 5(five) working days from the date of service provision to the Contractor has not received complaints from the Customer on the quality and volume of services rendered. Acceptance of services rendered to the Customer is accompanied by drawing up an act by the Contractor alone in accordance with the Resolution of the Ministry of Finance of the Republic of Belarus No. 58 of 21.12.2015 "On some issues of preparation of primary accounting documents".


8. COPYRIGHT ENFORCEMENT AND CONFIDENTIALITY
8.1. Information materials (including audio/video recordings of consultations) provided by the Contractor to the Customer in written or electronical forms in the process of providing services, is the subject of copyright of the Contractor and represent the result of his creative work. The rights to use the material by reading it are transferred to the Customer, no other rights in relation to the material are transferred to the Customer. The customer may not transfer the Contractor's materials to third parties, or otherwise violate the exclusive rights to the Contractor’s intellectual property. The Customer is obliged to comply with the Contractor’s copyright for all information materials in accordance with the Law of the Republic of Belarus "On copyright and related rights".
8.2. The Customer is prohibited from copying any video or text materials. It is also forbidden to take video of the screen during online consultation and to conduct audio-/video shooting at face-to-face consultation without the Contractor’s permission.
8.3. The Customer is prohibited to use the materials gained at consultation for commercial purposes, on his own behalf, to place in the public domain, to transfer to third parties.
8.4. The customer is prohibited to transfer to third parties the login and password of access to the Contractor’s site, or to other webinar services. Detection of the access fact to the Contractor's materials of third parties is the basis for unilateral refusal of the Contractor from the contract without refund to the Customer.
8.5. The fact of this Contract conclusion is not considered by the Parties as confidential information.
8.6. The parties undertake not to disclose information received by the Parties in the performance course of their obligations under this Contract, except when the Party is obliged to provide such information in accordance with current legislation applicable to the Contract, or consent to the disclosure of such information has been obtained.
9. Grounds and conditions for amendment and termination of the contract
9.1. The Contractor reserves the right to amend this Contract at any time at its discretion.
9.2. Changes come into force after 1 (one) calendar day from the date of new version publication of the Contract on the Contractor's website.
9.3. At each subsequent visit to the Contractor's website prior to using the personal account or booking/registration for consultation, the Customer undertakes to get acquainted with the new version of the Contract. Continued use of the site will mean the Customer's agreement with the terms of the new Contract version.
9.4. If the Customer does not agree with the terms of the new Contract version, he stops using the site.
9.5. If the Customer has paid for the consultation and does not agree with the new Contract version, such Customer shall notify the Contractor by sending an e-mail to the address info@otexe.com. In this case, the Customer can complete the paid consultation programmes and visit the paid consultations. In this case, the recording and / or payment of any new consultation will automatically mean acceptance of the new version of the Contract. In the future, the Customer is obliged to stop using the site or agree to the new version of the Contract.
9.6. This Contract may be terminated by agreement of the parties, as well as in case of implementation by either party of the unilateral refusal right in the cases and manner provided in this Contract.
9.7. Refunds are made within ten working days from the date of the Contract termination.


10. LIABILITY FOR NON-PERFORMANCE OR IMPROPER PERFORMANCE OF OBLIGATIONS UNDER THIS CONTRACT

10.1. In case of non-performance or improper performance by the parties of obligations under this Contract, they are liable under the civil legislation of the Republic of Belarus and this Contract.
10.2. The Customer agrees and acknowledges that actions performed with the use of authentication data (login and password) on the Contractor’s electronic platforms, as well as by exchanging messages via e-mail, generate legal consequences similar to the use of personal signatures.
10.3. Neither Party shall be liable for the complete or partial failure to perform any of its obligations under this Contract, if the failure is the result of force majeure, which the parties include the action of fires, floods, other natural disasters. The Party for which it was impossible to perform the circumstances shall immediately notify the other party in written form of the occurrence, expected duration and termination of the above circumstances. Failure to notify or late notification deprives the Parties of the right to refer to any of the above circumstances as a basis for exemption from liability for non-performance of obligations.
10.4. Electronic platforms of the Contractor and information materials may contain links to other sites on the Internet (sites of third parties). The Contractor for compliance with certain requirements (reliability, completeness, legality, etc) does not check these third parties and their content. The Contractor shall not be liable for any information, materials posted on the websites of third parties to which the Customer accesses using the services, including any opinions or statements expressed on the websites of third parties, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the Customer.
10.5. The Contractor does not guarantee that the consultation content meet the Customer’s requirements and expectations, that access to all services used in the course of providing services will be provided continuously, quickly, reliably and without errors.4
10.6. Software and hardware errors both on the side of the Contractor and on the side of the Customer, which led to the inability of the Customer to access the services and/or information materials, are force majeure and grounds for exemption from liability for failure to fulfill the obligations of the Contractor under the Contract.
10.7. The Contractor is not responsible for the possible negative consequences of the Customer's indication of incomplete or inaccurate data when registering for a consultation, when choosing a tariff, when accessing electronic platforms.
10.8. The Contractor is not responsible for the quality of sound, image, communication and other services and conditions involved in the process of rendering services and are outside the will and sphere of influence of the Contractor.
10.9. In case of violation by the Customer of any paragraphs of section 8 of this Contract, the Contractor has the right to demand fine payment in the amount of 10 000 euros, the amount of the fine may be reduced by the Contractor unilaterally. Payment of the fine is made within 5 days from the date of receipt of the Contractor's request for payment of the fine by transferring funds in euros (if the Customer is a not a resident of the Republic of Belarus) or in Belarusian rubles at the rate of the National Bank of the Republic of Belarus on the date of payment (if the Customer is a resident of the Republic of Belarus).


11. PROCEDURE FOR RESOLVING DISPUTES AND DISAGREEMENTS
11.1. All disputes and disagreements that may arise from this Contract or in connection with it, the parties shall resolve through negotiations.
11.2. All issues arising from this Contract or related to it, which the parties cannot settle peacefully, shall be transferred to the final resolution of the competent court of the Republic of Belarus at the Contractor’s location.
11.3. In all cases not regulated by this Contract, the parties shall be guided by the legislation of the Republic of Belarus.


12. CONFIRMATIONS AND GUARANTEES OF THE CUSTOMER

12.1. Under this Contract, at the time of its conclusion, the Customer acknowledges and warrants to the Contractor the following:
a) if the Customer accepts this Contract as an individual, he (she) is in full memory and sound mind, is of legal age and legal capacity in accordance with applicable law, is endowed with and/or has all the necessary powers sufficient to enter into this Contract, can bear full and necessary legal responsibility under this Contract, does not have any restrictions, including those established by the current legislation of the jurisdiction of actual residence and / or location. , interested in the provision of services and / or individual services by the Contractor for profit and does not pursue any other illegal purposes, sufficiently studied the provisions of this Agreement, including information posted on the website of the Contractor, and confirms its agreement with these terms/documents;
b) if the Customer accepts this Contract as a legal and legitimate representative of the legal entity, duly authorized to do so and shall, at the request of the Contractor confirm the status of Customer's authorized representative, any authorized representative of the Customer, which operates in the framework of this Contract adequately is aware of and understands the provisions of this Contract, including information posted on the Contractor’s website, and confirms his consent with these terms/documents;
12.2. The customer acknowledges and warrants that the entire list of information provided by him to the Contractor, including the necessary information about personal and contact data, is complete, true, and correct. In the event of any changes in personal or contact data of the Customer, as well as significant changes in other information about the Customer necessary for the implementation of relations with the Contractor, the Customer warrants, and shall promptly inform the contractor of such changes and provide in established by the order of the list of new data.
12.2.1. Any risks and possible damage that may arise and be associated with intentional and/or erroneous provision of untrue information about the Customer, including any form of distortion of personal/contact and other data, shall be borne by the Customer. If the Customer provides any information that does not correspond to reality, the Contractor shall recognize such actions of the Customer as non – fulfillment of the relevant obligations under this Contract with all the legal consequences provided for in this Contract and the current legislation.
12.3. The customer guarantees the Contractor protection against any kind of costs, liabilities, claims, damages that may arise both directly and indirectly due to the inability of the Customer to fulfill its obligations under this Contract.


13. ADDRESS, REQUISITES OF THE CONTRACTOR

Name: LLC “OTEXE MEDIA”
Payer's Identification Number: 193219951
Legal address: 220073, Minsk, Olshevskogo Street, 24, office 506.
Mailing address: 220073, Minsk, Olshevskogo Street, 24, office 506.

Payment details/ payment accounts of the company:
BYN : BY98 ALFA 3012 2457 0900 4027 0000
RUB : BY31 ALFA 3012 2457 0900 2027 0000
USD : BY46 ALFA 3012 2457 0900 1027 0000
EUR : BY16 ALFA 3012 2457 0900 3027 0000

Website: https://otexe.com - registration in BELGIE No. 154521 from 2019-04-09

Contact e-mail: support@otexe.com


© 2017-2020 OTEXE®  All rights reserved.

Standard form

Our social networks:

Last updated 6 March 2019 

CONTRACT OF INFORMATION AND CONSULTING SERVICES ENGAGEMENT ON THE TERMS OF PUBLIC OFFER


OTEXE MEDIA Limited Liability Company, hereinafter referred to as the "Contractor", and the consumer of information and consulting services hereinafter referred to as the "Consumer", on the other hand, hereinafter referred as “Parties” have concluded this Contract as follows.

1. SUBJECT OF THE CONTRACT
1.1. The Contractor shall provide, and the Consumer undertakes to pay for information and consulting services under the terms of this Contract.
1.2. The term information and consulting services implies the organization and consultation in the forms indicated below:
- providing access to the materials, available on the Contractor’s website https://otexe.com, and to webinar-services for distant online consultations (thereinafter – electronic platforms of the Contractor)
- consultations in oral or/and written forms on the topics agreed by the Parties
Consultation is held either remoted by means of the services set on the electronic platforms of the Constructor or it can be a face-to-face consultation. The consultation can be either individual or for several Consumers at the same time.
1.3. The Consumer has a right to choose a form, a topic and the extent of consultation by means of choosing one of the consultation tariffs on the Constructor’s website https://otexe.com. The tariff involves the conditions of extent, content, duration and process of consulting.
1.4. If the Customer under this Contract is a legal entity, and the direct consumer of services is its employee, the Customer shall ensure the performance by such employee of all obligations of the Customer under this Contract (apart from the obligations to pay for services), and independently ensures the implementation of all rights belonging to the Customer under this Contract.

2. PROCEDURE FOR THE CONCLUSION OF THE CONTRACT
2.1. The text flow of the present Contract in the official Contractor’s website to the address https://otexe.com/dogovor-oferti is a public Contractor’s offer addressed to indefinite number of persons, to conclude this Contract (paragraph 2, article 407 of the Civil Code of the Republic of Belarus).
2.2. This Contract is a public Contract (article 396 of the Civil Code of the Republic of Belarus), according to which the Contractor assumes the obligation to provide services in respect of an indefinite number of persons who have applied for these services.
2.3. This Contract is also the Contract of adhesion. Its conclusion is made by the Customer acceptance of the terms of this Contract in the manner prescribed by article 398 of the Civil Code of the Republic of Belarus i.e. by joining this Contract as a whole without any conditions, exceptions and reservations.
2.4. The fact of this Contract terms acceptance by the Customer is the prepayment of the services ordered by the Customer in accordance with the terms of this Contract (paragraph 3 article 408 of the Civil Code of the Republic of Belarus).
2.5. The Contract shall be treated as concluded at the time of perception by the Contractor who sent the offer, its acceptance (paragraph 1, article 403 of the Civil Code of the Republic of Belarus), and is valid until the parties fulfill their obligations. The date of acceptance under this Contract shall be the date of crediting the Customer's funds to the account of the Contractor in advance of the ordered services.
2.6. The written form of the Contract as concluded in compliance with the acceptance according to paragraph 2.4. of the Contract (paragraph 3, article 404, paragraph 3, article 408 of the Civil Code of the Republic of Belarus). The place of the Contract – Minsk, Republic of Belarus.
2.7. If you wish to enter into a contract with the Contractor, the Customer shall select the tariff of consulting and registration of an online application for the provision of services on the Contractor's website or by phone. After receiving a request from the Customer, the Contractor shall send to the customer's e-mail confirmation of acceptance of the application with instructions on payment for services (invoice).
2.8. After receipt of the advance payment from the Customer, the Contractor shall send to the Customer's e-mail address a confirmation of payment receipt indicating the selected rate of consultation and all necessary information for the instruction to obtain information and consulting services.


3. PROCEDURE FOR THE CONCLUSION OF THE CONTRACT
The Contractor is obliged to:
3.1. Organize and ensure the services of proper quality provided in this Contract, in accordance with the tariff chosen by the Customer.
3.2. Maintain the confidentiality of information about the Customer, which he knew in connection with the provision of services.
3.3. If in the process of providing services, it turns out that it is inappropriate to carry out further actions or impossible to achieve the objectives of counseling due to circumstances beyond the control of the Contractor, the latter is obliged to suspend the activity, informing the Customer within 3 days after the suspension of services.
3.4. Timely inform about changes arising in the course of the service: terms, time, place of consultations, by publishing information on the Internet on the website of the Contractor https://otexe.com, and by informing the Customer by electronic means of communication.
3.5. Within 30 working days from the date of completion of the consultation, send to the Customer by e-mail an electronic certificate confirming participation in the consultation, and within 180 working days - send to the Customer a certificate in hard copy by mail, if it is provided by the consultation tariff.


4. OBLIGATIONS OF THE CONSUMER
The consumer is obliged to:
4.1. Provide reliable information while concluding the Contract and the full information, which is necessary for the Contractor to render the services of proper quality.
4.2. Properly do tasks in the preparation of the consultation (if their presence provides a counselling programme).
4.3. Strictly follow the consultant’s instructions when doing the tasks.
4.4. Maintain confidentiality of other participants’ personal information in the consultation on any matters that he learnt during the consultation process.
4.5. Comply with all copyrights of the Contractor, in particular, not to replicate the materials provided to the Customer without the permission of the Contractor, and not to generate income using these materials, in addition to the direct application of the information obtained in the course of consulting in professional practice in the provision of medical services.
4.6. Observe discipline, not to carry out actions that negatively affect the course of consulting, interfere with other Customers, as well as the Contractor.
4.7. Timely check the correspondence received by e-mail, which the Customer gave to the Contractor when making an application for the conclusion of the contract.
4.8. Strictly follow the schedule of participation in the consultation agreed with the Contractor and inform the Contractor about the impossibility or refusal to participate in the consultation at least 30 days before it.
4.9. The Consumer does not have right to:
4.9.1. Copy or spread any information (including parts and components of information materials, which he got access to while consulting), except when such function is directly provided by electronic platforms of the Contractor;
4.9.2. Use the information obtained in the course of consulting, to carry out commercial activities and make a profit by distributing it or for use in a manner contrary to the legislation of the Republic of Belarus;
4.9.3. Copy or to use in other way the programme part of the Contractor’s internet-site and its design as well;
4.9.4. Place personal data of third parties without their consent, including home addresses, phone numbers, passport data, e-mail addresses on the Contractor's website;
4.9.5. While consulting, place commercial advertising, commercial offers, promotional information and any other intrusive information, except when the placement of such information is agreed with the Contractor;
4.9.6. Change in any way the software part of electronic platforms, to perform actions aimed at changing the functionality and performance of electronic platforms.
4.9.7. Offend and otherwise violate the rights and freedoms of other counselling participants, third parties and groups;
4.9.8. Use obscenities, to carry out or disseminate information containing calls for mass riots, extremist activities and participation in mass (public) events, held with violation of the established order.

5. THE RIGHTS OF THE CONTRACTOR AND THE CONSUMER
5.1. The Contractor has a right to engage third parties to provide services.
5.2. The Contractor has a right to refuse to provide services to the Customer, if the Customer in the cases provided by the civil legislation of the Republic of Belarus and this Contract, and giving the Contractor the right to refuse to perform the contract unilaterally.
5.3. The Consumer has a right to demand from the Contractor information on the matters connected with organization and provision of good-quality service, set by the present Contract and tariff.
5.5. The Contractor has a right to withdraw from this Contract unilaterally, and to suspend the actions initiated to provide services in the following cases:
- when the Customer's violation of its obligations under this Contract prevents the performance of the Contract by the Contractor
- manifestation of aggression or disrespect on the part of the Customer
- improper execution by the Customer at the conclusion and/or execution of the contract knowingly incorrect (false) information.
The Contractor shall notify the Customer about the exercise of the right of unilateral withdrawal from the contract by sending a notification via e-mail. The agreement shall be deemed terminated on the date of notification by the Contractor. The Contractor does not return the amount of the prepayment, made by the Customer to him; the Customer agrees that the amount of the payment is the amount actually incurred by the Contractor costs associated with the provision of services.
5.6. The Customer has the right to withdraw from this Contract until the full provision of services by the Contractor. In this case, the Customer shall send a notice of cancellation of the Contract to the Contractor's e-mail. The customer's refusal to perform this Contract shall entail the termination of all obligations of the Contractor under this Contact.
5.7. The Contractor has the right to determine independently the methods and scope of tasks for preparing for consultations.
5.8. The contractor may at any time, at its discretion, change the topics of consultations, change the content of the consultation, the number, name and type of materials used for consultations, the date and time of the relevant consultations and their duration, as well as, if necessary, replace the consultants. At the same time, the Contractor guarantees that such changes will not lead to deterioration of the quality of any consultations, including free ones. Information on such changes shall be published on the Contractor's website https://otexe.com immediately prior to the relevant consultation in which such changes have occurred.


6. PAYMENT FOR SERVICES AND REFUND
6.1. Payment for the services provided is made based on the invoice and (or) on the acquiring link (authorized by the acquiring Bank) sent by the Contractor to the Customer at the conclusion of this Contract. The cost of services is determined by the rates posted on the Contractor’s website.
6.2. The Customer makes an advance payment in the 100% amount of the services cost by transferring non-cash funds or by depositing cash to the Contractor’s account. The payment date will be the transfer day of funds to the Contractor’s account.

6.3. The payment currency:
- if the Customer is a resident of the Republic of Belarus – Belarusian rubles,
- if the Customer is not a resident of the Republic of Belarus – dollar, euro, Russian rubles and other currency.
 All costs associated with the payments under this Contract to the Contractor’s account shall be borne by the Customer.
6.4. In case of impossibility of this Contract execution, arising from the failure or improper performance by the Customer of obligations under the Contract, as well as due to intentional or careless Customer’s actions/inaction, the prepayment amount
made by the Customer for the provision of services shall not be refunded to the Customer.
6.5. In cases where the inability to perform this Contract arose due to circumstances for which neither party is responsible, the amount of the prepayment made by the Customer is recognized as actually incurred in connection with the provision of services by the Contractor and is not refundable.
6.6. The Customer has the right at any time to withdraw from this Contract unilaterally by sending the Contractor a notification by e-mail. In this case, subject to notice receipt of unilateral refusal from the Customer no later than 30 days prior to the consultation, the Contractor shall return to the Customer the cost of the consultations not held with the 15% retention of this amount as actually incurred expenses of the Contractor. In other cases, all prepayments made by the Customer shall be recognized as actually incurred in connection with the services provision by the Contractor and shall not be returned to the Customer.
6.7. In the case of payment by the Customer of the services on the terms of auction, bonus and other special prices with discount application and subsequent refusal of the Customer from the Contract in whole or in part made by the Customer advance payment is recognized actually incurred in connection with the provision of services at the expense of the Contractor and returned to the Customer is not subject.


7. SERVICE TERMS AND CONDITIONS
7.1. Provision of services at rates involving individual counseling is carried out according to the individual schedule agreed by the Contractor and the Customer by e-mail.
7.2. Provision of services at rates involving group consulting of several Customers is carried out according to the schedule specified in the tariff description.
7.3. At any time the Contractor has the right to adjust the date, time and place of face-to-face consultation with which the Customer agrees and is familiar. Any costs associated with the change of date, time and place of consultations to the Customer shall not be reimbursed.
7.4. To organize access to information materials and online consultations, the Contractor shall register the Customer in the accounting system of the webinar service and send the Customer the relevant access data to participate in the consultation. Service for part-time, online business is considered provided after the Contractor's data access to the webinar service.
7.5. If the tariff provides the Customer's access to the audio-/video recording of the consultation and other information materials, the Contractor shall provide the Customer with access data within 30 days from the date of consultation completion. The period for which the access is granted to the Customer is determined by the Contractor independently and reported to the Customer together with the access data to the record and materials.
7.6. In case of participation in the face-to-face consultation, the Customer independently provides himself with a place of residence, independently bears the costs of transfer to the place of consultation and back. The Customer is responsible for the choice of method, place and conditions of accommodation and travel, the choice of food. The Contractor provides services for catering, accommodation and travel only if it is provided by the tariff.
7.7. In case of Customer’s absence from face-to-face consultation or online consultation for any reasons beyond the Contractor’s will, and the absence of warning about the refusal of the Contractor's services 30 days before the consultation, the Customer loses the right to refund the prepayment, the entire amount of prepayment is recognized by the Parties as the Contractor's expenses related to the provision of services.
7.8. In case of violation by the Customer of the rules of rendering services (delay, partial presence, not following programs of consultations) services are considered rendered in full, payment is not returned.
7.9. The Customer bears all the risks of incorrect, incomplete and insufficiently detailed indication of the data provided to the Contractor for consulting.
7.10. The Customer independently applies in practice the information received from the Contractor during the provision of services. The Contractor is not responsible for the results of the Customer's actions.
7.11. The amount of the Contractor’s liability may not exceed the cost of services provided to the Customer under this Contract. The Contractor shall not be liable for damages to the Customer, as well as causing moral damage to him by the actions of third parties as a result of the Customer's failure to comply with the recommendations of the Contractor.
7.12. All materials prepared by the Contractor in the process of providing services are formed by him in electronic form and sent to the specified Customer’s e-mail address or by other resources on the Internet. All notices, invoices and other documents are sent by the parties via e-mail or other resources on the Internet. The Contractor is not responsible for improper work of the parties, which use e-mail services, or used by them in the performance of the Contract resources on the Internet particularly late receipt of letters, the lack of the ability to deliver them, technical difficulties and malfunctions of the access to information material, newsletters, webinar services, etc.
7.13. The Contractor undertakes to use all personal and other Customer’s data received within the framework of the provision of services only for the purpose of proper service provision. The Contractor has no right to transfer the received personal data of the Customer within 5 years after the end of the service provision, after which the personal data is destroyed.
7.14. Confirmation of rendering services by the Contractor is receipt by the Customer of access data to the electronic platform of the Contractor for participation in online consultation or information on time, place and method of participation in face-to-face consultation. Services are considered to be rendered properly and completely, if within 5(five) working days from the date of service provision to the Contractor has not received complaints from the Customer on the quality and volume of services rendered. Acceptance of services rendered to the Customer is accompanied by drawing up an act by the Contractor alone in accordance with the Resolution of the Ministry of Finance of the Republic of Belarus No. 58 of 21.12.2015 "On some issues of preparation of primary accounting documents".


8. COPYRIGHT ENFORCEMENT AND CONFIDENTIALITY
8.1. Information materials (including audio/video recordings of consultations) provided by the Contractor to the Customer in written or electronical forms in the process of providing services, is the subject of copyright of the Contractor and represent the result of his creative work. The rights to use the material by reading it are transferred to the Customer, no other rights in relation to the material are transferred to the Customer. The customer may not transfer the Contractor's materials to third parties, or otherwise violate the exclusive rights to the Contractor’s intellectual property. The Customer is obliged to comply with the Contractor’s copyright for all information materials in accordance with the Law of the Republic of Belarus "On copyright and related rights".
8.2. The Customer is prohibited from copying any video or text materials. It is also forbidden to take video of the screen during online consultation and to conduct audio-/video shooting at face-to-face consultation without the Contractor’s permission.
8.3. The Customer is prohibited to use the materials gained at consultation for commercial purposes, on his own behalf, to place in the public domain, to transfer to third parties.
8.4. The customer is prohibited to transfer to third parties the login and password of access to the Contractor’s site, or to other webinar services. Detection of the access fact to the Contractor's materials of third parties is the basis for unilateral refusal of the Contractor from the contract without refund to the Customer.
8.5. The fact of this Contract conclusion is not considered by the Parties as confidential information.
8.6. The parties undertake not to disclose information received by the Parties in the performance course of their obligations under this Contract, except when the Party is obliged to provide such information in accordance with current legislation applicable to the Contract, or consent to the disclosure of such information has been obtained.
9. Grounds and conditions for amendment and termination of the contract
9.1. The Contractor reserves the right to amend this Contract at any time at its discretion.
9.2. Changes come into force after 1 (one) calendar day from the date of new version publication of the Contract on the Contractor's website.
9.3. At each subsequent visit to the Contractor's website prior to using the personal account or booking/registration for consultation, the Customer undertakes to get acquainted with the new version of the Contract. Continued use of the site will mean the Customer's agreement with the terms of the new Contract version.
9.4. If the Customer does not agree with the terms of the new Contract version, he stops using the site.
9.5. If the Customer has paid for the consultation and does not agree with the new Contract version, such Customer shall notify the Contractor by sending an e-mail to the address info@otexe.com. In this case, the Customer can complete the paid consultation programmes and visit the paid consultations. In this case, the recording and / or payment of any new consultation will automatically mean acceptance of the new version of the Contract. In the future, the Customer is obliged to stop using the site or agree to the new version of the Contract.
9.6. This Contract may be terminated by agreement of the parties, as well as in case of implementation by either party of the unilateral refusal right in the cases and manner provided in this Contract.
9.7. Refunds are made within ten working days from the date of the Contract termination.


10. LIABILITY FOR NON-PERFORMANCE OR IMPROPER PERFORMANCE OF OBLIGATIONS UNDER THIS CONTRACT

10.1. In case of non-performance or improper performance by the parties of obligations under this Contract, they are liable under the civil legislation of the Republic of Belarus and this Contract.
10.2. The Customer agrees and acknowledges that actions performed with the use of authentication data (login and password) on the Contractor’s electronic platforms, as well as by exchanging messages via e-mail, generate legal consequences similar to the use of personal signatures.
10.3. Neither Party shall be liable for the complete or partial failure to perform any of its obligations under this Contract, if the failure is the result of force majeure, which the parties include the action of fires, floods, other natural disasters. The Party for which it was impossible to perform the circumstances shall immediately notify the other party in written form of the occurrence, expected duration and termination of the above circumstances. Failure to notify or late notification deprives the Parties of the right to refer to any of the above circumstances as a basis for exemption from liability for non-performance of obligations.
10.4. Electronic platforms of the Contractor and information materials may contain links to other sites on the Internet (sites of third parties). The Contractor for compliance with certain requirements (reliability, completeness, legality, etc) does not check these third parties and their content. The Contractor shall not be liable for any information, materials posted on the websites of third parties to which the Customer accesses using the services, including any opinions or statements expressed on the websites of third parties, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the Customer.
10.5. The Contractor does not guarantee that the consultation content meet the Customer’s requirements and expectations, that access to all services used in the course of providing services will be provided continuously, quickly, reliably and without errors.4
10.6. Software and hardware errors both on the side of the Contractor and on the side of the Customer, which led to the inability of the Customer to access the services and/or information materials, are force majeure and grounds for exemption from liability for failure to fulfill the obligations of the Contractor under the Contract.
10.7. The Contractor is not responsible for the possible negative consequences of the Customer's indication of incomplete or inaccurate data when registering for a consultation, when choosing a tariff, when accessing electronic platforms.
10.8. The Contractor is not responsible for the quality of sound, image, communication and other services and conditions involved in the process of rendering services and are outside the will and sphere of influence of the Contractor.
10.9. In case of violation by the Customer of any paragraphs of section 8 of this Contract, the Contractor has the right to demand fine payment in the amount of 10 000 euros, the amount of the fine may be reduced by the Contractor unilaterally. Payment of the fine is made within 5 days from the date of receipt of the Contractor's request for payment of the fine by transferring funds in euros (if the Customer is a not a resident of the Republic of Belarus) or in Belarusian rubles at the rate of the National Bank of the Republic of Belarus on the date of payment (if the Customer is a resident of the Republic of Belarus).


11. PROCEDURE FOR RESOLVING DISPUTES AND DISAGREEMENTS
11.1. All disputes and disagreements that may arise from this Contract or in connection with it, the parties shall resolve through negotiations.
11.2. All issues arising from this Contract or related to it, which the parties cannot settle peacefully, shall be transferred to the final resolution of the competent court of the Republic of Belarus at the Contractor’s location.
11.3. In all cases not regulated by this Contract, the parties shall be guided by the legislation of the Republic of Belarus.


12. CONFIRMATIONS AND GUARANTEES OF THE CUSTOMER

12.1. Under this Contract, at the time of its conclusion, the Customer acknowledges and warrants to the Contractor the following:
a) if the Customer accepts this Contract as an individual, he (she) is in full memory and sound mind, is of legal age and legal capacity in accordance with applicable law, is endowed with and/or has all the necessary powers sufficient to enter into this Contract, can bear full and necessary legal responsibility under this Contract, does not have any restrictions, including those established by the current legislation of the jurisdiction of actual residence and / or location. , interested in the provision of services and / or individual services by the Contractor for profit and does not pursue any other illegal purposes, sufficiently studied the provisions of this Agreement, including information posted on the website of the Contractor, and confirms its agreement with these terms/documents;
b) if the Customer accepts this Contract as a legal and legitimate representative of the legal entity, duly authorized to do so and shall, at the request of the Contractor confirm the status of Customer's authorized representative, any authorized representative of the Customer, which operates in the framework of this Contract adequately is aware of and understands the provisions of this Contract, including information posted on the Contractor’s website, and confirms his consent with these terms/documents;
12.2. The customer acknowledges and warrants that the entire list of information provided by him to the Contractor, including the necessary information about personal and contact data, is complete, true, and correct. In the event of any changes in personal or contact data of the Customer, as well as significant changes in other information about the Customer necessary for the implementation of relations with the Contractor, the Customer warrants, and shall promptly inform the contractor of such changes and provide in established by the order of the list of new data.
12.2.1. Any risks and possible damage that may arise and be associated with intentional and/or erroneous provision of untrue information about the Customer, including any form of distortion of personal/contact and other data, shall be borne by the Customer. If the Customer provides any information that does not correspond to reality, the Contractor shall recognize such actions of the Customer as non – fulfillment of the relevant obligations under this Contract with all the legal consequences provided for in this Contract and the current legislation.
12.3. The customer guarantees the Contractor protection against any kind of costs, liabilities, claims, damages that may arise both directly and indirectly due to the inability of the Customer to fulfill its obligations under this Contract.


13. ADDRESS, REQUISITES OF THE CONTRACTOR

Name: LLC “OTEXE MEDIA”
Payer's Identification Number: 193219951
Legal address: 220073, Minsk, Olshevskogo Street, 24, office 506.
Mailing address: 220073, Minsk, Olshevskogo Street, 24, office 506.

Payment details/ payment accounts of the company:
BYN : BY98 ALFA 3012 2457 0900 4027 0000
RUB : BY31 ALFA 3012 2457 0900 2027 0000
USD : BY46 ALFA 3012 2457 0900 1027 0000
EUR : BY16 ALFA 3012 2457 0900 3027 0000

Website: https://otexe.com - registration in BELGIE No. 154521 from 2019-04-09

Contact e-mail: support@otexe.com

CONTACTS

ИП Машкевич Алексей Антонович

ИНН 504040174036

г. Москва, АО КБ "МОДУЛЬБАНК"

БИК 044525092140105, 

г Раменское, ул Космонавтов, д. 30, кв. 19

© 2017-2019 OTEXE.COM

A.V.D.E™ Additional Vocational  Dental Education


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