Договор-оферта на оказание
информационно-консультационных услуг
информационно-консультационных услуг
Agreement on Educational Services
I/E Sergey Cheredninchenko (S/N 302246790) (hereinafter referred to as “Contractor”), on the one hand and on first name/surname or title (ID or P/N) 00000000), (hereinafter referred to as The “Client”) on the other hand (the parties hereinafter collectively referred to as the “Parties” and separately as “Party”) enter into this Agreement and agree to the following:
1.2. The Contractor will provide the Client with educational services (hereinafter referred to as “Service”), namely:
1.2.1. Online mode –English language teaching with original methods;
1.2.2. Online training for business entities and training aimed at personal growth;
1.2.3. Giving assignments and tasks as part of training;
1.2.4. Checking the tasks completed by the Client as part of the training;
1.2.5. In the framework of training - group master class and classroom training;
1.2.6. Providing educational materials in physical (printed) form;
1.3. The services specified in Paragraph 1.2 of this Agreement can be provided by giving access to the Client from the Contractor to the educational platform. For the purposes of this Agreement, the educational platform is Getcourse and Telegram Chat Bot;
1.4. The services specified in Paragraph 1.2 of this Agreement can be provided by hiring a personal teacher (trainer). In this case, the trainer will personally lead and conduct relevant educational meetings and directly organize online and/or offline training.
1.5. The services specified in Paragraph 1.4 of this Agreement are provided in exchange for additional remuneration, on the basis of an additional agreement, which will be indicated in the document (invoice) provided for in Paragraph 2.1 of this Agreement.
2. Payment Terms
2.1 The cost of services provided by the Contractor to the Client under Article 1 of this Agreement is determined on the basis of Appendix No.1 to this Agreement (hereinafter referred to as the invoice) within 3 (three) business days after receipt of the invoice.
2.2. Payment will be made in the national currency of Georgia (GEL) via bank transfer in accordance with the details specified in the invoice provided by the Contractor.
2.3. The Client will receive the services provided for in Article 1 of this Agreement only after full payment of the cost of services indicated in the invoice.
3 Rights and Obligations of the Parties
3.1 The Contractor is obliged:
3.1.1 To fulfill the present Agreement fully and duly with good faith;
3.1.2 To notify the Contractor within a reasonable period of time if any reasons and circumstances beyond his/her control threaten and/or create a threat to the fulfillment of the conditions specified in this Agreement.
3.2. The Contractor has right:
3.2.1. To request for payment of the service specified under Article 2 of this Agreement within the terms and rule specified in this Article;
3.2.1. To request for and receive information specified under this Agreement from the Client that is necessary for proper implementation of this Agreement.
3.3. The Client is obliged:
3.3.1. Fully and duly implement rights and obligations imposed under this Agreement;
3.3.2. To provide the Contractor with all and any required information, under this Agreement;
3.3.3. Timely pay to the Contractor the service fee provided for by the invoice, annex of this Agreement.
3.3.4. Don’t distribute teaching programs and materials obtained within the service specified by this Agreement, not commercial neither noncommercial purposes.
3.3.5. To notify the Contractor within a reasonable period of time if any reasons and circumstances beyond his/her control threaten and/or create a threat to the fulfillment of the conditions specified in this Agreement.
3.4 The Client has right
3.4.1. To enjoy the services provided for in this Agreement;
3.4.2. To claim compensation for unfulfilled unacceptable services.
4. Confidentiality
4.1. Any information obtained within this Agreement is strictly confidential.
4.2. The parties are obliged to protect confidentiality of information obtained within this Agreement not disclose and/or make accessible such information and/or documentation which can become known and/or familiar for him/her within this Agreement.
4.3. The parties do not have the right to disclose such data that became known to them as a result of the execution of this Agreement. Confidential information is an information constituting a commercial secret of the parties.
4.4 For the parties, commercial secrets are recorded or unrecorded scientific-technical, technological, industrial, and financial-economic or other information on a material carrier (disk, drive or flash drive) that has a real or potential commercial value and is unknown to third parties, for which there is no legal basis for third parties. Free access by individuals and in respect of which the owner party has imposed a regime of commercial secrecy. Data containing commercial secrets are transferred by the parties to each other with or without reference to commercial secrets. Confidential Information means any, without limitation, financial, technical, and operational and any other information belonging to the Transferring Party, its affiliates, services, works, goods, Clients, collaborations, intellectual property objects, potential Clients, etc., except for the information that cannot be confidential according to the legislation of Georgia.
4.5. The parties are not allowed to disclose confidential information or commercial secret as during the validity terms of the Agreement also within (five) years after its expiration.
4.6. The parties are obliged to compensate for the damage caused by the violation of the fourth article (confidentiality) of this agreement.
5. Personal Data
5.1. By agreeing to this Agreement, the Client gives his/her consent to the processing of his/her personal data.
5.2. The purpose of personal data processing is to conclude and execute this Agreement, as well as to provide information services in accordance with the legislation of Georgia.
5.3. The list of information services to processing of which the Client gives consent: surname, first name, patronymic, phone number, e-mail, financial information, company structure, company equipment, document circulation and other information related to the personal data of the company and/or person and the Client employees, as well as the Client’s contractors.
5.4. A list of actions to be performed during processing personal data, for which consent is given, a general description of the methods used by the Contractor in personal data processing: Processing of personal data - any action (operation) or a set of actions (operations), which is carried out using automation means or without such means, including collection, recording, systematization, gathering, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), as well as depersonalization, blocking, deletion, cancelation, destruction of personal data.
5.1. The period during which the consent of the owner of personal data is valid: until the expiration of the period of storage of relevant information or documents containing this information, which is determined according to the legislation of Georgia, but not less than 5 years.
5.2. Consent may be revoked by the Client by sending a written notice to the Contractor at least 30 days before the consent is revoked. Recalling consent to the processing of personal data automatically means a unilateral rejection of this Agreement concluded by the Client with the Contractor.
6. Responsibilities of the Parties
6.1 The parties bear full financial responsibility for non-fulfillment and/or untimely fulfillment of obligations under the Agreement. The party that violated the terms of the agreement is obliged to compensate the damage caused to the other party in the manner provided for by this Agreement and the applicable law of Georgia.
6.2. If the services provided by the Contractor do not comply with the Client’s requirements and/or the agreed standards provided for in this Agreement, he/she is obliged to eliminate the existing defect and/or provide the corresponding service once again within a reasonable time or return the service fee that isn’t rendered;
6.3. In case the Client violates Article 2 of this Agreement, the Contractor is authorized to charge the Client the penalty fee of 0.2% of the payable amount for each delayed day. Payment of penalty fee does not release the Client from the fulfillment of obligations;
6.4. In case of expiration of the validity terms of the Agreement and/or its early termination on other grounds provided for in this Agreement, the Client is obliged immediately but no later than within 5 days after the termination of the Agreement to pay the debt incurred toward the Contractor as a service fee provided by the Contractor;
6.5. The information exchanged between the parties during the validity terms of the Agreement related to the Agreement is confidential (except for cases provided for by the legislation of Georgia).
6.6. The parties agree that the materials provided under this Agreement are the intellectual property of the Contractor; the Client has no right to use these materials for commercial or other purposes, except as provided for in this Agreement;
6.7. If the Client violates the Subparagraph 6.6 of this Agreement he/she is obliged to pay the Contractor a fine in the amount of 3500.00 (three thousand five hundred) GEL. Also in such case, the Client is obliged to additionally compensate for material and/or non-material damage caused to the Contractor as a result of copyright infringement;
6.8. The parties are released from liability for failure to fulfill and/or untimely fulfillment of obligations under this Agreement if such failure is caused by reasons beyond the control of the parties, such as force majeure circumstances;
6.9. If the Client fails to provide the information requested by the Contractor in timely and duly manner, in order to fulfill Article 1 of this Agreement, the Contractor is released from liability for compensation for any type of damage caused by these circumstances;
7. Validity Terms of the Agreement and Early Termination
7.1. The Agreement enters into legal force from the moment of its signing and is valid until “___” ____________________ 20___.
7.2. This Agreement may be terminated by each party by giving two weeks prior written notice to the other party.
7.3. In case of early termination of the Agreement by the Client, the paid fee for the service will not be returned to the Client, except for the cases provided for in this Agreement.
7.4. The Agreement may be terminated under applicable law and other grounds provided for in this Agreement. Early termination of the Agreement is possible by mutual written agreement of the parties.
7.5. Notification to the party will be sent to the details specified in this Agreement, via email, Telegram and WhatsApp. If the details change, the parties must immediately notify each other in writing.
8. Additional Provisions
8.1. From the moment the Agreement is signed, all preliminary negotiations and correspondence between the parties on the Subject of the Agreement are legally invalid.
8.2. The terms of the Agreement are binding on representatives and employees of both parties.
8.3. For the purposes of this Agreement, communications that will be carried out between the official representatives of the parties or persons hired by them holding official positions provided for this purpose, and/or based on the content of the communication, have the form or duration of the relationship and other generally accepted circumstances that can be considered as authorized persons, are deemed legally valid and can be used as evidence unless otherwise proven by another official document.
8.4. Changes and additions to the Agreement are made in writing on the basis of an additional agreement after it is signed by both parties.
8.5. The parties will resolve the dispute that arises between them through negotiations and mutual agreement. If an agreement is not reached, the dispute will be considered by the General Court of Georgia in accordance with the applicable law of Georgia.
8.6. The invalidity of any provision of this Agreement does not entail the invalidity of the entire Agreement. In such case, the remaining provisions of the Agreement will remain in legal force.
8.7. The Agreement is drawn up in Georgian and English langauges, in two identical copies, having equal legal force, which are kept by the parties.
8.8. In case of any inconsistency between the Georgian and English versions and/or translation of this Agreement, the Georgian version of this Agreement will prevail.
I/E Sergey Cheredninchenko (S/N 302246790) (hereinafter referred to as “Contractor”), on the one hand and on first name/surname or title (ID or P/N) 00000000), (hereinafter referred to as The “Client”) on the other hand (the parties hereinafter collectively referred to as the “Parties” and separately as “Party”) enter into this Agreement and agree to the following:
- Subject of the Agreement
1.2. The Contractor will provide the Client with educational services (hereinafter referred to as “Service”), namely:
1.2.1. Online mode –English language teaching with original methods;
1.2.2. Online training for business entities and training aimed at personal growth;
1.2.3. Giving assignments and tasks as part of training;
1.2.4. Checking the tasks completed by the Client as part of the training;
1.2.5. In the framework of training - group master class and classroom training;
1.2.6. Providing educational materials in physical (printed) form;
1.3. The services specified in Paragraph 1.2 of this Agreement can be provided by giving access to the Client from the Contractor to the educational platform. For the purposes of this Agreement, the educational platform is Getcourse and Telegram Chat Bot;
1.4. The services specified in Paragraph 1.2 of this Agreement can be provided by hiring a personal teacher (trainer). In this case, the trainer will personally lead and conduct relevant educational meetings and directly organize online and/or offline training.
1.5. The services specified in Paragraph 1.4 of this Agreement are provided in exchange for additional remuneration, on the basis of an additional agreement, which will be indicated in the document (invoice) provided for in Paragraph 2.1 of this Agreement.
2. Payment Terms
2.1 The cost of services provided by the Contractor to the Client under Article 1 of this Agreement is determined on the basis of Appendix No.1 to this Agreement (hereinafter referred to as the invoice) within 3 (three) business days after receipt of the invoice.
2.2. Payment will be made in the national currency of Georgia (GEL) via bank transfer in accordance with the details specified in the invoice provided by the Contractor.
2.3. The Client will receive the services provided for in Article 1 of this Agreement only after full payment of the cost of services indicated in the invoice.
3 Rights and Obligations of the Parties
3.1 The Contractor is obliged:
3.1.1 To fulfill the present Agreement fully and duly with good faith;
3.1.2 To notify the Contractor within a reasonable period of time if any reasons and circumstances beyond his/her control threaten and/or create a threat to the fulfillment of the conditions specified in this Agreement.
3.2. The Contractor has right:
3.2.1. To request for payment of the service specified under Article 2 of this Agreement within the terms and rule specified in this Article;
3.2.1. To request for and receive information specified under this Agreement from the Client that is necessary for proper implementation of this Agreement.
3.3. The Client is obliged:
3.3.1. Fully and duly implement rights and obligations imposed under this Agreement;
3.3.2. To provide the Contractor with all and any required information, under this Agreement;
3.3.3. Timely pay to the Contractor the service fee provided for by the invoice, annex of this Agreement.
3.3.4. Don’t distribute teaching programs and materials obtained within the service specified by this Agreement, not commercial neither noncommercial purposes.
3.3.5. To notify the Contractor within a reasonable period of time if any reasons and circumstances beyond his/her control threaten and/or create a threat to the fulfillment of the conditions specified in this Agreement.
3.4 The Client has right
3.4.1. To enjoy the services provided for in this Agreement;
3.4.2. To claim compensation for unfulfilled unacceptable services.
4. Confidentiality
4.1. Any information obtained within this Agreement is strictly confidential.
4.2. The parties are obliged to protect confidentiality of information obtained within this Agreement not disclose and/or make accessible such information and/or documentation which can become known and/or familiar for him/her within this Agreement.
4.3. The parties do not have the right to disclose such data that became known to them as a result of the execution of this Agreement. Confidential information is an information constituting a commercial secret of the parties.
4.4 For the parties, commercial secrets are recorded or unrecorded scientific-technical, technological, industrial, and financial-economic or other information on a material carrier (disk, drive or flash drive) that has a real or potential commercial value and is unknown to third parties, for which there is no legal basis for third parties. Free access by individuals and in respect of which the owner party has imposed a regime of commercial secrecy. Data containing commercial secrets are transferred by the parties to each other with or without reference to commercial secrets. Confidential Information means any, without limitation, financial, technical, and operational and any other information belonging to the Transferring Party, its affiliates, services, works, goods, Clients, collaborations, intellectual property objects, potential Clients, etc., except for the information that cannot be confidential according to the legislation of Georgia.
4.5. The parties are not allowed to disclose confidential information or commercial secret as during the validity terms of the Agreement also within (five) years after its expiration.
4.6. The parties are obliged to compensate for the damage caused by the violation of the fourth article (confidentiality) of this agreement.
5. Personal Data
5.1. By agreeing to this Agreement, the Client gives his/her consent to the processing of his/her personal data.
5.2. The purpose of personal data processing is to conclude and execute this Agreement, as well as to provide information services in accordance with the legislation of Georgia.
5.3. The list of information services to processing of which the Client gives consent: surname, first name, patronymic, phone number, e-mail, financial information, company structure, company equipment, document circulation and other information related to the personal data of the company and/or person and the Client employees, as well as the Client’s contractors.
5.4. A list of actions to be performed during processing personal data, for which consent is given, a general description of the methods used by the Contractor in personal data processing: Processing of personal data - any action (operation) or a set of actions (operations), which is carried out using automation means or without such means, including collection, recording, systematization, gathering, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), as well as depersonalization, blocking, deletion, cancelation, destruction of personal data.
5.1. The period during which the consent of the owner of personal data is valid: until the expiration of the period of storage of relevant information or documents containing this information, which is determined according to the legislation of Georgia, but not less than 5 years.
5.2. Consent may be revoked by the Client by sending a written notice to the Contractor at least 30 days before the consent is revoked. Recalling consent to the processing of personal data automatically means a unilateral rejection of this Agreement concluded by the Client with the Contractor.
6. Responsibilities of the Parties
6.1 The parties bear full financial responsibility for non-fulfillment and/or untimely fulfillment of obligations under the Agreement. The party that violated the terms of the agreement is obliged to compensate the damage caused to the other party in the manner provided for by this Agreement and the applicable law of Georgia.
6.2. If the services provided by the Contractor do not comply with the Client’s requirements and/or the agreed standards provided for in this Agreement, he/she is obliged to eliminate the existing defect and/or provide the corresponding service once again within a reasonable time or return the service fee that isn’t rendered;
6.3. In case the Client violates Article 2 of this Agreement, the Contractor is authorized to charge the Client the penalty fee of 0.2% of the payable amount for each delayed day. Payment of penalty fee does not release the Client from the fulfillment of obligations;
6.4. In case of expiration of the validity terms of the Agreement and/or its early termination on other grounds provided for in this Agreement, the Client is obliged immediately but no later than within 5 days after the termination of the Agreement to pay the debt incurred toward the Contractor as a service fee provided by the Contractor;
6.5. The information exchanged between the parties during the validity terms of the Agreement related to the Agreement is confidential (except for cases provided for by the legislation of Georgia).
6.6. The parties agree that the materials provided under this Agreement are the intellectual property of the Contractor; the Client has no right to use these materials for commercial or other purposes, except as provided for in this Agreement;
6.7. If the Client violates the Subparagraph 6.6 of this Agreement he/she is obliged to pay the Contractor a fine in the amount of 3500.00 (three thousand five hundred) GEL. Also in such case, the Client is obliged to additionally compensate for material and/or non-material damage caused to the Contractor as a result of copyright infringement;
6.8. The parties are released from liability for failure to fulfill and/or untimely fulfillment of obligations under this Agreement if such failure is caused by reasons beyond the control of the parties, such as force majeure circumstances;
6.9. If the Client fails to provide the information requested by the Contractor in timely and duly manner, in order to fulfill Article 1 of this Agreement, the Contractor is released from liability for compensation for any type of damage caused by these circumstances;
7. Validity Terms of the Agreement and Early Termination
7.1. The Agreement enters into legal force from the moment of its signing and is valid until “___” ____________________ 20___.
7.2. This Agreement may be terminated by each party by giving two weeks prior written notice to the other party.
7.3. In case of early termination of the Agreement by the Client, the paid fee for the service will not be returned to the Client, except for the cases provided for in this Agreement.
7.4. The Agreement may be terminated under applicable law and other grounds provided for in this Agreement. Early termination of the Agreement is possible by mutual written agreement of the parties.
7.5. Notification to the party will be sent to the details specified in this Agreement, via email, Telegram and WhatsApp. If the details change, the parties must immediately notify each other in writing.
8. Additional Provisions
8.1. From the moment the Agreement is signed, all preliminary negotiations and correspondence between the parties on the Subject of the Agreement are legally invalid.
8.2. The terms of the Agreement are binding on representatives and employees of both parties.
8.3. For the purposes of this Agreement, communications that will be carried out between the official representatives of the parties or persons hired by them holding official positions provided for this purpose, and/or based on the content of the communication, have the form or duration of the relationship and other generally accepted circumstances that can be considered as authorized persons, are deemed legally valid and can be used as evidence unless otherwise proven by another official document.
8.4. Changes and additions to the Agreement are made in writing on the basis of an additional agreement after it is signed by both parties.
8.5. The parties will resolve the dispute that arises between them through negotiations and mutual agreement. If an agreement is not reached, the dispute will be considered by the General Court of Georgia in accordance with the applicable law of Georgia.
8.6. The invalidity of any provision of this Agreement does not entail the invalidity of the entire Agreement. In such case, the remaining provisions of the Agreement will remain in legal force.
8.7. The Agreement is drawn up in Georgian and English langauges, in two identical copies, having equal legal force, which are kept by the parties.
8.8. In case of any inconsistency between the Georgian and English versions and/or translation of this Agreement, the Georgian version of this Agreement will prevail.