This document constitutes a formal offer (hereinafter "Offer") made by Lacy Bird International L.L.C-FZ (hereinafter "Contractor") regarding entering in an information and consulting service agreement under the terms and conditions specified hereby.
According to Civil Code, art. 437, para. 2, this Offer is considered a formal offer made pubic at large for companies and self-employed entrepreneurs.
Upon the fact of crediting funds paid by Customer as an advance payment for Services into a current account of Contractor under art. 5.3 of this Offer, this Offer shall be considered fully and implicitly accepted, and the Agreement shall be considered concluded in accordance with Civil Code, art. 438, para. 3.
This Offer is effective as of the date of its publication on Contractor's website: www.academy.lacybird.ae
, and remains in effect until removed from the mentioned website. 1. TERMS AND DEFINITIONS
Below are the terms and definitions as used herein with their corresponding meanings:
Offer: this document as published on the following webpage: www.academy.lacybird.ae/offer-agreement
, and containing all the essential terms and conditions of an information and consulting service agreement.
To accept (Acceptance, Accepting) (as referred to Customer): to accept terms and conditions of this Offer fully and implicitly by doing actions specified in Clause 5.3.
Agreement: the fee-based information and consulting service agreement between Customer and Contractor, concluded upon Acceptance of this Offer.
Customer: any company or self-employed entrepreneur who accepted this Offer.
Website: Contractor's website with the following URL: www.academy.lacybird.ae
E-mail: Contractor's email: email@example.com
Customer area — a common name of website sections entered by Customer upon authentication (entering Customer's e-mail and password).
Customer's representative: any individual specified by Customer who is intended recipient of the Service on the Customer's behalf. 2. SCOPE OF AGREEMENT
2.1. Under this Agreement, Contractor, upon Customer's requests, shall render information and consulting services (hereinafter "Service") and Customer shall pay for the Service.
2.2. Name, type, scope, form (online, offline), number of participants (if applicable), place (when rendered offline), price, starting date and period of Service are published at the Contractor's website: www.academy.lacybird.ae
. 3. GENERAL TERMS OF SERVICE
3.1. The Service shall be rendered by Contractor only if Customer fulfills the following conditions:
3.1.1. Customer (or Customer's representative) has signed up to Customer Area at Contractor's website.
3.1.2. Customer has accepted this Offer.
3.1.3. Customer has placed an Order and paid for the Service in full before the starting date of the latter.
3.2. Forms of rendering the Service:
3.2.1. Online Service: the Service rendered upon providing to Customer, via Customer Area on the Website, an access to recordings of information courses (hereinafter "Course") and/or holding online courses in form of a webinar. Access period is specified by description of the Course on the Website.
Online Service shall be considered rendered properly and in full from the date of granting the access to course recordings, and/or upon ending of a webinar, regardless of whether Customer used the access or not.
3.2.2. Offline Service: the Service rendered at the following address: Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, U.A.E. to Vadim Veiber Offline Service may comprise additional online courses, tools and/or materials. Unless specifically provided otherwise by Service description, the offline Service is rendered for a group, not individually.
Offline Service shall be considered rendered properly and in full upon the ending of the course.
3.3. Upon providing the Service, Contractor shall prepare an Act of Services Rendered or a Universal Transfer Document (hereinafter "Act") and send it to Customer by e-mail or via Customer Area on the Website. Customer shall sign and return the Act or reasonable refusal within 5 calendar days after Contractor sent the Act to Customer through e-mail. If Contractor does not receive the Act signed by Customer or a reasonable refusal to sign the Act within specified term, Contractor has the right to sign the Act on a unilateral basis. Such Act confirms proper rendering of services, has legal effect equal to a mutually signed Act, and shall be specified in accounting and tax records in accordance with the current legislation.
3.4. Contractor is entitled to engage third parties for rendering the Services under this Agreement.
3.5. Rights and obligations implied by this Agreement shall not be transferred by Customer to any third parties without a prior written consent of Contractor.
3.6. The Parties agree that reclamations regarding the Service shall be made no later than three days after termination of the period of rendering the Service.
3.7. The fact of rendering the Service by Contractor may be acknowledged by issuing a Certificate for Customer.
3.8. The Service does not constitute educational activities, is for informational purposes only, its rendering does not require licenses or certifications, and the Service is not accompanied by end-of-course assessment, exams, qualifications, or issuing any educational documents. 4. TERMS AND PROCEDURE OF RENDERING THE SERVICES
4.1. Customer shall submit a Request for the Service through the Customer area on the Website (www.academy.lacybird.ae
) or through e-mail: firstname.lastname@example.org
4.2. After submitting a Request, Customer shall pay for the Service as per Section 5 of this Offer.
4.3. Contractor shall render the Services to Customer in accordance with procedure, form and timeframe set out in the description of the Service paid by Customer.
4.4. All the information courses, webinars, materials and information provided as part of rendering the Services are property of Contractor, are confidential, and shall not be recorded to any media storage, copied, transmitted, replicated, distributed, sent, published, modified, deleted, amended or transferred in any possible way without additional agreements and Contractor's prior written official consent. If Customer allows or commits distribution of such information, Customer shall be hold responsible to Contractor for loss and damage arose with such distribution, including expectation damages, and, upon Contractor's request, shall pay a fine in the amount of five-fold cost of the Service.
Besides, Customer undertakes to stop and prevent further distribution and use of specified materials and information both by Customer and other third parties which received access to materials and information due to a Customer's fault, and to return them to Contractor.
4.5. Accepting this Offer, Customer, as per Civil Code, is informed and ensures that Customer's representatives receiving services agree that:
4.5.1. Contractor is entitled to take photographs and record videos of the Service rendered.
4.5.2. Customer's representatives are not the primary objects of photographs and video recordings.
4.5.3. The primary object of photographs and video recordings is the Service as Contractor's field of concern
4.5.4. Photographs are taken and video recordings are recorded for advertisement, informational, commercial and non-commercial purposes
4.5.5. Contractor has the sole right of ownership regarding photographs and video recordings. Customer's acceptance in accordance with this clause shall be effective as of the date of entering in the Agreement, and covers any objects created by Contractor during rendering the Services.
4.5.6. 4.5.6. This consent may be withdrawn by a Customer's representative in any time by notifying Contractor in writing, at the address set out in Chapter 8 of this Agreement.
4.6. Customer ensures the availability of consent to process and transfer personal information (last names, first names, patronyms, e-mails) of individuals provided to Contractor to render Services under this Agreement, and is liable for non-compliance on Personal Data No. 152-FZ dtd. July 27, 2006. If Contractor is held liable for non-compliance with specified guarantees and legal requirements for personal data processing and storage, Customer shall settle claims to Contractor at its own cost and expense and pay Contractor damages and expenses resulted from it. 5. COST OF SERVICES AND REMUNERATION
5.1. Cost of Services is provided at www.academy.lacybird.ae
Cost of the Service is not subject to VAT because Contractor uses simplified taxation system.
5.2. Contractor may change the cost of the Service. Current cost of the Service is available for Customer at Contractor's website.
Cost of the Service paid by Customer shall not be changed.
5.3. Payment for the Service shall be made by Customer fully in advance. Payment can be made by Customer in parts, provided that the full amount is paid before Contractor starts rendering the Service. Cost of the Service shall be paid in relation to each Customer's representative.
All payments under this Agreement shall be made in AED by transfer of funds to the Contractor's current account. Service shall be considered paid by Customer after funds are credited to the Contractor's current account.
5.4. Customer shall be responsible for the payment, including following all the required payment procedures. 6. TERM OF VALIDITY AND MODIFICATIONS
6.1. This Agreement shall be effective from the exact moment when Customer Accepts this Offer, and is valid until the Parties fulfill their duties under this Agreement in full.
6.2. Contractor is entitled to modify this Offer on a unilateral basis. Notification on such modifications shall be made by publishing an effective revision of this Offer on Contractor's website. Customer refers to the revision of this Offer effective at the date of Acceptance.
6.3. In case Contractor modifies the date, period, form, scope, cost or any others aspects of the Service, Customer shall accept the modified aspects by sending e-mail, WhatsApp, Telegram, SMS, Customer Area messages, paying the modified costs of the Service, or other activities involving contact information provided to Contractor by Customer.
6.4. In case of events set out by clause 7.3 of this Agreement, the Parties may agree on changing the form of the Service (including rendering the Service online), its scope, cost, or starting date. Such modified aspects shall be accepted by Customer as per clause 6.3 of this Agreement.
6.5. Customer is entitled to request modifications of the date and/or period of rendering the Service, our request to change the Service to another service published at Contractor's website. Such request shall be sent by Customer no later than 7 days before starting date of the Service. If Contractor accepts such modifications, the Parties shall be governed by provisions of this Agreement. 7. LIABILITY OF THE PARTIES
7.1. The Parties shall be held liable for nonfulfillment or improper fulfillment of the provisions of this Agreement in accordance with the law. Legal arrangements under this Agreement are regulated by the legislation.
7.2. Customer is entitled to withdraw from this Agreement if they paid Contractor costs actually incurred, and Contractor is entitled to hold forfeits from the cost to be returned to Customer in the amount of:
— 20%, if withdrawal took place more than 21 days before the starting date of the Service,
— 30%, if withdrawal took place 11–20 days before the starting date of the Service,
— 50%, if withdrawal took place 3–10 days before the starting date of the Service,
— 70%, if withdrawal took place less than 3 days before the starting date of the Service, or after the starting date of the Service.
7.3. All the disputes and differences that may arise from or be related to this Agreement, shall be resolved by negotiations between Parties. If the Parties are unable to come to an understanding by negotiations.
7.4. Any party that fails to fulfill, in full or in part, its obligations under this Agreement, shall be held liable, except when such Party can prove that such nonfulfillment can be attributed to acts of God (force majeure), such as natural phenomena (earthquakes, floods, etc.), mass quarantines, pandemics, lockdowns, disasters, acts of terror, wars, acts of civil disobedience, moratoriums of government authorities.
The Party referring to a force majeure shall inform another Party on such force majeure within 15 (fifteen) calendar days after it occurred through e-mail or Customer area on the Contractor's website. Contractor has the right to inform Customer on a force majeure by posting corresponding information on the Contactor's website. 8. CONTRACTOR'S DETAILS
Lacy Bird International L.L.C-FZ
Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, U.A.E.