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OFFER AGREEMENT

PUBLIC CONTRACT

IE Zykin Ilya Nikolaevich, hereinafter referred to as the “Contractor”, represented by Ilya Nikolaevich Zykin, acting on the basis of registration documents, concludes this Public Service Agreement for a Fee (hereinafter referred to as the “Agreement”) with any individual, hereinafter referred to as the “Customer”.

The Agreement is an agreement for the provision of the Contractor’s goods and services on a paid basis through the omyclasses.com website, concluded by means of a public offer, and regulates the procedure for providing such services and the obligations of the Parties.

The text of this Agreement is posted by the Contractor on the Internet on the website at: https://omyclasses.com

The Parties, guided by Part 2 of Article 398 of the Civil Code of the Kyrgyz Republic, have concluded this Agreement as follows:

1. Subject of the Agreement

1.1 In accordance with this Agreement, the Contractor undertakes to provide goods and services (in particular, but not limited to: informational materials, consultations, access to public and private events, master classes, lectures, etc.), and the Customer undertakes to pay the Contractor remuneration.

1.2 Goods and services are provided by the Contractor through the website https://omyclasses.com.

1.3 The following terms and abbreviations are used in this Agreement:

1.3.1 Website – a website located on the Internet at https://omyclasses.com.

1.3.2 Personal Account – a set of secure Website pages created as a result of the Customer’s registration and accessible by entering their authentication data (email address and password) into the designated fields on the Website.

1.3.3 Invoice – an invoice, proforma invoice, price agreement protocol, or other similar document that determines the cost of services, and if necessary, the payment procedure.

All terms and definitions used in this Agreement apply equally to singular and plural terms, depending on the context.

1.4 The Customer may use the goods and services (if available and accessible) in accordance with the terms of the Agreement during the entire period specified on the Website.

1.5 The Contractor, within the framework of this Agreement, does not provide the Customer with individual consultations unrelated to the subject of the Agreement.

2. Procedure for Concluding the Agreement and Granting Access

2.1 This Agreement is a public agreement, under which the Contractor undertakes to provide services to an indefinite number of persons (Customers) who have requested them.

2.2 The placement of the text of this Agreement on the Website is a public offer by the Contractor, addressed to an indefinite number of persons, to conclude this Agreement (para. 1, art. 386, para. 2, art. 398 of the Civil Code of the Kyrgyz Republic).

2.3 This Agreement is concluded by the Customer’s accession to this Agreement, i.e., by the Customer’s acceptance (acceptance) of the terms of this Agreement as a whole, without any conditions, exceptions, or reservations (art. 387 of the Civil Code of the Kyrgyz Republic).

2.4 The fact of the Customer’s acceptance of the terms of this Agreement is the Customer’s payment for the ordered services in the manner and on the terms determined by this Agreement. In the event of the Customer’s payment for the ordered services using credit funds provided by a relevant bank, the fact of the Customer’s acceptance of the terms of this Agreement is the conclusion by the Customer of a relevant agreement with the bank for payment for the Contractor’s services (para. 3, art. 399 of the Civil Code of the Kyrgyz Republic).

2.5 By accepting this public offer in the manner determined in this Agreement, the Customer agrees to all terms of the Agreement as set forth in the text of this Agreement and, in accordance with the Civil Code of the Kyrgyz Republic, is considered a person who has entered into contractual relations with the Contractor on the basis of this Agreement. Moreover, in accordance with paragraphs 2 and 3 of Article 395, paragraph 3 of Article 399 of the Civil Code of the Kyrgyz Republic, this Agreement is recognized as concluded by the Parties in writing.

2.6 After completing the actions specified in clause 2.4. of the Agreement, the Contractor grants the Customer access to information services and goods within the specified period and in full.

3. Rights and Obligations of the Parties

3.1 The Contractor undertakes:

3.1.1 To provide the Customer with informational goods and services, access to them, and other items as specified in the list of goods and services on the website.

3.1.2 To provide informational support to the Customer on issues related to the provision of services and/or the functioning of the Website on working days from 09:00 to 18:00 (until 17:00 on Fridays and working days that are shortened in accordance with the legislation of the Kyrgyz Republic), or, if impossible, within 3 working days via email at omyclasses@izykin.com.

Support questions should be sent by the Customer to the email address: omyclasses@izykin.com.

3.1.3 In case of detection of errors/deficiencies in the functioning of the Website, committed by the Contractor or due to the Contractor’s fault, to eliminate the detected errors/deficiencies at its own expense and by its own efforts.

To refund funds paid by the Customer in cases and on conditions provided for by the Agreement.

3.2 The Contractor has the right:

3.2.1 To make changes to the list of goods and services, the public contract, or any other legally significant documents published on the website without notifying the Customer.

3.2.2 To engage third parties to fulfill this Agreement without the Customer’s consent.

3.2.3 To request information and documents from the Customer necessary for proper fulfillment of obligations under this Agreement.

3.2.4 To change the cost of services under the Agreement by publishing the current cost on the Website.

3.2.5 To temporarily suspend the Website’s operation for necessary scheduled preventive and repair work on the Contractor’s technical resources.

3.2.6 To replace third parties involved in fulfilling obligations under the Agreement.

3.3 The Customer undertakes:

3.3.1 To pay for the services within the terms and conditions established by the Agreement, agreed upon in invoices and/or agreed upon by the Parties through messages in the Personal Account.

3.3.2 To timely provide complete and accurate information necessary for the provision of services (including during registration on the Website).

3.3.3 To use the Website’s functionality and access exclusively for personal or other non-commercial purposes.

3.3.4 To ensure the confidentiality of the login and password to their Personal Account, not to transfer access data to third parties.

3.3.5 To immediately notify the Contractor of any known facts of unauthorized access to their Personal Account (if any).

3.3.6 Not to post personal data of other persons on the Website or third-party resources, including access data to their Personal Account on the Website, and not to use or attempt to obtain personal data of other users.

3.3.7 Not to register as a user on behalf of or instead of another person, or to register a group (association) of persons or a legal entity/individual entrepreneur as such a user.

3.3.8 Not to use software or perform actions aimed at disrupting the normal functioning of the Website, not to upload, store, publish, distribute, or provide access to or otherwise use viruses, Trojans, and other malicious programs; not to use automated scripts (programs) to collect information on the Website without the Contractor’s written permission.

3.4 The Customer has the right:

3.4.1 To get access to information goods and services after fulfilling the conditions for granting access (Article 2 of the Agreement) and within the period specified on the website, or within the periods additionally agreed upon between the Contractor and the Customer.

3.4.2 To receive informational support on issues related to the provision of services and the functioning of the Website throughout the entire term of this Agreement.

3.4.3 To use access to https://omyclasses.com exclusively for non-commercial purposes.

3.4.4 To send remarks, suggestions, and/or feedback to the Contractor related to the subject of this Agreement and/or the functioning of the Website or Personal Account.

4. Cost of Services and Payment Procedure

4.1 The final cost of the Contractor’s Services is determined based on the cost of the goods/services indicated on the Website or agreed upon in the Invoice, in Soms.

4.2 The Customer makes payment for the cost of the Contractor’s services on a 100% prepayment basis, by transferring funds to the Contractor’s current account, unless other conditions are specified in the invoice issued to the Customer. The date of payment is the date when the funds are received in the Contractor’s current account.

4.3 Payment for Services is made by the Customer to the Contractor by transferring the corresponding amount of funds using methods supported by the Contractor. In this regard, the Contractor has the right to independently determine the list of such methods, bringing the current list of methods to the Customer’s attention by posting it on the Website, or by informing the Customer in another way. Detailed rules for payment and refund of funds are contained in Appendix No. 1 to this Agreement.

4.4 The Customer has the right to pay for the Contractor’s Services using credit funds that may be provided to the Customer by a relevant bank (hereinafter – credit).

The Parties understand and agree that this Agreement is not a loan agreement, the Contractor is not a lender and does not bear corresponding obligations to the Customer.

The Customer understands and agrees that the credit is provided to the Customer on the terms stipulated by the relevant bank. The Contractor is not responsible for the terms of the bank’s provision of credit to the Customer, including the amount and payment of interest for the use of credit, as well as for the bank’s refusal to provide credit.

The Customer independently fulfills obligations to the bank related to the latter’s provision of credit.

4.5 The date of rendering Services/goods is considered the date of providing the Customer with the service/goods, respectively, the Services/goods are considered rendered to the Customer.

5. Liability of the Parties. Limitation of Liability

5.1 If the Customer violates the terms of the Agreement, they are obliged to pay a fine of 1000 KGS for each violation, out of court, upon written request of the Contractor.

5.2 In case of the Customer’s violation of the terms of this Agreement, the Contractor has the right to deactivate the Customer’s access to the Personal Account, and also to block the Customer’s access to the Website without refunding the paid funds.

The Customer is obliged to pay a penalty within 15 (fifteen) calendar days from the date of receipt of the Contractor’s claim (notification).

5.3 The Contractor is not responsible for:

  • the content of information posted in messenger chats (WhatsApp, Viber, Telegram), which are created on the initiative of users, including the Customer;
  • the use by third parties of personal data that the Customer reports in such chats;
  • the quality of the Internet connection and the functioning of the Customer’s equipment and software;
  • the non-compliance of the Customer’s equipment’s technical characteristics with the requirements for reproducing Course materials, if such requirements are established;
  • the non-compliance of the Services provided by the Agreement with the Customer’s expectations. The Customer’s subjective assessment is not an objective criterion for the quality of the Services;
  • errors and inaccuracies made by the Customer when using the Website’s functionality (including, but not limited to, incorrect data entry when forming a service order, etc. similar circumstances);
  • the use (impossibility of use) and any consequences of the use (impossibility of use) by the Customer of their chosen payment method for services under the Agreement;
  • actions (inaction) of banks or third parties involved in settlements when paying for the service or refunding funds in established cases.

The Contractor makes all reasonable efforts to prevent failures and malfunctions in the operation of the Website, but does not guarantee its uninterrupted operation, is not responsible for and does not compensate for losses incurred or potentially incurred due to technical failures and interruptions in the operation of the provider, other persons or services, restriction of access to the Internet or an Internet resource for any reason, the Customer’s failure to ensure the security of access data to their Personal Account, and other circumstances beyond the Contractor’s competence.

Neither Party shall be liable for the full or partial non-performance of its obligations if such non-performance is a consequence of force majeure circumstances (including, but not limited to, fire, flood, earthquake, and other natural disasters, strikes, war and military operations, epidemics, pandemics, or other circumstances beyond the Parties’ control) preventing the performance of this Agreement and arising after its conclusion.

In the event that the Customer fails to perform (improperly performs) their obligations under the Agreement, including the obligations specified in clause 4.2. of the Agreement, the Contractor has the right to terminate this Agreement by unilateral extrajudicial refusal to perform it by sending a notice of such refusal electronically to the email address to which the Contractor previously sent access data for the Course. The effect of this Agreement terminates on the day the Contractor sends the relevant notice or within the period specified in the notice, and access to the Course materials is deactivated within the same period.

6. Intellectual Property. Confidentiality

6.1 Within the framework of the Contractor’s provision of Services, the Customer is granted access to the intellectual property of the Contractor and/or third parties with whom the Contractor has concluded relevant agreements/contracts (hereinafter referred to as Intellectual Property).

Intellectual Property includes the results of the intellectual activity of the Contractor and/or third parties, including, but not limited to, audiovisual materials, computer programs, LMS (learning management system), methodological and/or reference materials, assignments, information resources.

6.2 The Customer, with respect to Intellectual Property, is obliged to:

  • refrain from any actions that violate the rights of the Contractor and/or third parties to Intellectual Property, in particular, not to copy, record, reproduce, duplicate, distribute in any form, adapt, or use for creating derivative works any Intellectual Property without the written permission of the Contractor;
  • immediately notify the Contractor of any known facts of violation of the intellectual property rights of the Contractor and/or third parties;

  • not to provide their authentication data for access to the account, to the Personal Account on the Website to third parties. In case of loss, as well as in cases of unauthorized access to the login and password by third parties, the Customer undertakes to immediately inform the Contractor by sending a notification to the address: omyclasses@izykin.com. Until the specified notification is sent, all actions are considered to be performed by the Customer.

    6.3 Confidential information includes any information related to the process of services provided by the Contractor, which has not been published by the Contractor in open access and is not generally available.

The Customer undertakes not to disclose confidential information and other data provided by the Contractor during the provision of services (except for publicly available information) to third parties without the prior written consent of the Contractor.

6.4 The Contractor has the right to use objects created by the Customer during the study of the Course materials in its marketing and/or advertising materials, as well as to mention the Customer as a user of the Software and a client.

7. Miscellaneous Provisions

7.1 The Customer confirms that they are legally capable and have reached the age necessary in accordance with the legislation of the Kyrgyz Republic to conduct transactions using the Website.

7.2 The Customer confirms that they are aware and unconditionally agree that they may be refused the provision of the Service in the following cases:

  • non-confirmation of payment authorization by the Bank or electronic payment system;
  • initiation by the Customer of a refund procedure in the cases and order provided for by the Agreement;
  • in other cases provided for by the legislation of the Kyrgyz Republic or this Agreement.

8. Concluding Provisions

8.1 This Agreement is considered concluded from the moment the Customer performs the actions stipulated in clause 2.4. of the Agreement, and remains valid until the Parties fulfill their obligations.

8.2 The Contractor has the right to change the terms of this Agreement, introduce new terms or appendices to this Agreement without prior notice to the Customer.

The Customer, being aware of the possibility of such changes, agrees that they will be made. If the Customer continues to perform this Agreement, including using the Website after such changes, this means their agreement with such changes.

8.3 The text of changes and/or additions to this Agreement, or its new version, is brought to the general public by the Contractor by posting relevant information on the Website.

8.4 The Parties unconditionally agree that silence (absence of written notifications of disagreement with individual provisions of this Agreement, including changes in tariffs) is recognized as the Customer’s consent to and accession to the new version of this Agreement.

8.5 This Agreement may be terminated by agreement of the parties.

8.6 Each of the Parties has the right to withdraw from this Agreement unilaterally, by sending a notification to the other Party via the Personal Account or by email no later than 15 (fifteen) calendar days before the planned termination date.

8.7 In the event that any of the terms of this Agreement loses legal force, is declared illegal, or is excluded from this Agreement, this shall not invalidate the remaining terms of this Agreement, which shall remain legally valid and binding on the Parties.

8.8 All matters not regulated by this Agreement shall be resolved in accordance with the current legislation of the Kyrgyz Republic.

All disputes, claims, and disagreements that may arise between the Parties shall be resolved through negotiations. If it is impossible to resolve disputes by the indicated method, the Parties shall apply to the court in the manner provided for by the current legislation of the Kyrgyz Republic, with mandatory observance of the pre-trial dispute resolution procedure.

A Party that believes its rights under the Agreement have been violated must submit a claim to the other Party. A claim is considered properly submitted if sent to the other Party by any means that allows establishing the identity of the sender and the fact of delivery of the correspondence to the recipient. The fact of returning correspondence with an indication of the absence of the recipient does not prevent recourse to court. The attachment of copies of documents justifying and confirming the submitted claims, if these documents are available to the other Party, is not mandatory.

The Party that received the claim shall, within 10 (ten) working days from the date of its receipt, notify the other Party in writing of the results of its consideration. Failure to receive a response or reasoned objections to the claim within the established period shall be considered as agreement with the claim and the circumstances stated therein.

8.9 The Parties acknowledge the legal force of documents sent via electronic communication or the Personal Account on the Website.

8.10 The Customer gives their consent to the Contractor for the processing of the Customer’s personal data, specified by them when applying for the Contractor’s services and/or when registering on the Website, as well as in the Personal Account, on the terms stipulated by the Personal Data Processing Policy posted on the Website.

8.11 The Customer gives their consent to the Contractor to use the Customer’s feedback about the Contractor and the services provided by the Contractor, posted by the Customer on the Internet, including feedback left by the Customer in the Contractor’s official social media groups, without specifying the full name (surname, first name, and patronymic) of the Customer and without using the Customer’s image in any way, including, but not limited to, processing, including abbreviation, modification, without distorting their meaning, for the purpose of posting such feedback on the Contractor’s official websites, on the Contractor’s social media pages, in the Contractor’s advertising and other materials, inclusion in the texts of informational mailings to the Contractor’s clients. This consent is valid from the date of conclusion of the Agreement. This consent may be revoked by the Customer at any time by sending a written statement to the Contractor’s address specified in the Agreement.

8.12 The Customer gives their consent to the Contractor to receive promotional messages, informational newsletters about the Contractor’s and its partners’ products and services, promotions, discounts, special offers, draws, contests, and surveys to the Customer’s email address, to the Customer’s phone number, including in messengers, including “Viber”, “Telegram”, “WhatsApp”, via postal mail, SMS messages, push notifications, as well as informing the Customer of such information in oral format by phone.

9. Party Details

The Parties agree to consider the Customer’s details as the information provided by them during registration on the Website and/or when submitting an application for access to the Course, and/or paying for the Contractor’s services.

Contractor’s Details:

IE: Zykin Ilya Nikolaevich

INN: 20211198450054

Registration address: 720076, Bishkek, Bishkek, PATRISA-LUMUMBY, 9

Appendix No. 1 to the Public Agreement for the Provision of Services for a Fee

Rules for Payment and Refund of Funds

These Rules for Payment and Refund of Funds (hereinafter - the Rules) regulate the relationship between the Contractor and the Customer related to the payment for services under the Agreement and the refund of the paid cost of services in case of early termination of the Agreement.

1 The final cost of the Services is formed taking into account the goods/services chosen by the Customer. Payment for Services is made by cashless means using one of the methods indicated on the Website, at the Customer’s choice, by transferring funds to the Contractor’s account.

2 When paying on the Website or through the Personal Account, VISA, MasterCard, ELKART cards, as well as electronic wallets are accepted for payment.

Payments are processed in accordance with the Rules of international payment systems Visa and MasterCard (hereinafter - payment systems) based on the principles of confidentiality and security of payment using modern methods of verification, encryption, and data transmission via secure communication channels.

Regarding the rules and procedure for making payments through payment systems, the Customer is guided by the rules of the respective payment systems and directly contacts the operators of the respective payment systems for explanations and consultations.

The Contractor hereby reserves the right to provide informational support regarding the payment for Services using payment systems within its competence, however, nothing in this appendix obliges it to provide such informational support, be responsible for the completeness of the information provided, or bear any other consequences of the Customer’s choice of payment method and/or payment system.

3 To pay for Services with a Visa or MasterCard bank card, when selecting the payment method, click the “Pay by bank card” button and to complete the payment, click the “Pay” button.

4 Payment for the order is made after redirection to the secure payment page of the payment system operator and/or the relevant bank to enter bank card details. The connection to the payment page and the transmission of information are carried out in a secure mode using 3D Secure technology.

On the page for entering bank card data, the Customer needs to enter the bank card details: card number, cardholder’s name, card expiration date, three-digit security code (CVV2 for VISA or CVC2 for MasterCard).

All necessary data are printed on the card itself. The three-digit security code is three digits located on the back of the card. If the Customer’s bank supports the secure online payment technology MasterCard SecureCode, Verified by Visa, a special password may be required to complete the payment.

5 The Customer’s bank card details are not stored on the Contractor’s server or on the Website; the Contractor does not have access to the Customer’s payment details.

The confidentiality of the information provided by the Customer, including personal data and payment details, is ensured by the operator of the relevant payment system and/or the Customer’s bank.

The information entered by the Customer, including payment details and bank card data, is not provided to third parties, except in cases stipulated by the legislation of the Kyrgyz Republic.

6 Payment may be refused by the bank in the following cases:

6.1 the bank card is not intended for online payments; the Customer can find out about this by contacting their servicing bank.

6.2 insufficient funds for payment on the bank card.

The Customer can find out more about the availability of funds on their bank card by contacting the bank that issued the bank card;

6.3 bank card details were entered incorrectly;

6.4 the bank card has expired.

The card’s validity period is usually indicated on the front of the card (this is the month and year until which the card is valid). The Customer can find out more about the card’s validity period by contacting the bank that issued the bank card.

7 The Contractor does not control the software and hardware complex of the payment system and/or bank. If, as a result of any errors, the Customer’s funds were debited, but the payment was not authorized by the payment system and/or bank, the obligations for refunding the funds to the Customer are assigned to the payment system operator and/or the respective bank.

8 A refund of funds paid by the Customer may be made in the following cases:

8.1 The service/product was not provided due to the fault of the Contractor within the established period;

8.2 The Customer applied with a notification of termination of the Agreement and a refund before the start of the service provision;

8.3 in cases specified in clause 14 of this Appendix.

9 Full or partial refund of funds paid by the Customer is made by the Contractor on the basis of a written application from the Customer, sent to the Contractor’s email address omyclasses@izykin.com with subsequent submission of the original to the Contractor’s postal address: Kyrgyz Republic, Bishkek, Bishkek, PATRISA-LUMUMBY, 9.

The Contractor has the right to require the Customer to fill out an approved refund application form.

10 If the Customer withdraws from the Agreement before the Contractor provides the goods/services, except for payments made using credit funds, the Contractor refunds 100% of the paid amount to the Customer.

11 In the event that the Customer withdraws from the Agreement before the Contractor provides goods/services paid for using credit funds, the Contractor shall refund the funds to the respective bank, deducting commissions withheld by the bank from the Contractor. The Contractor is not responsible for and does not reimburse the Customer for the amount of accrued interest for the use of funds, payable by the Customer to the bank in accordance with the agreement concluded by the Customer with the bank.

12 In the event that the Customer withdraws from the Agreement within 30 (thirty) calendar days from the date the Contractor provides the goods/services, the Contractor shall refund 50% of the paid amount to the Customer.

If the goods/services are paid for using credit funds, the Contractor shall refund the funds to the respective bank, deducting commissions withheld by the bank from the Contractor.

The Contractor is not responsible for and does not reimburse the Customer for the amount of accrued interest for the use of funds, payable by the Customer to the bank in accordance with the agreement concluded by the Customer with the bank.

13 For the purpose of unambiguous interpretation: in case of the Customer’s refusal of services paid for using credit funds (banking products - consumer loans, installments, etc.), the refund amount and the Contractor’s expenses are calculated based on the amount of funds received by the Contractor from the bank for payment of services rendered to the Customer.

14 In the event that the Customer withdraws from the Agreement after 30 (thirty) calendar days from the date the Contractor provides the goods/services, no refund will be issued.

15 Refunds are made to the account from which the payment was made, within a period of up to 30 days from the date of receipt of the Customer’s Application (the specific refund period depends on the bank that issued the Customer’s bank card).

16 In case of changes in the Customer’s payment details, or when services are paid for by a banking organization with the involvement of credit funds, the Customer undertakes to indicate the bank details for the refund of funds in the Application.

If the Customer does not specify bank details, the Contractor is not responsible for incorrect and/or untimely transfer and/or non-transfer of funds to the Customer’s payment details specified by the latter when paying for services.