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Public offer (spbu)

PUBLIC OFFER (OFFER) FOR THE PROVISION OF INFORMATION SERVICES FOR ONLINE COURSES

 

            Federal State Budgetary Educational Institution of Higher Education 'Saint Petersburg University' (location: 7/9, Universitetskaya Emb., Saint Petersburg, 199034, Russian Federation, license to conduct educational activities in the educational programmes listed in the appendix(s) dated 07 April 2016 No 2063, the Certificate of State Accreditation dated 16 June 2016 No 2011, issued by the Federal Service for Supervision in the Sphere of Education and Science), represented by the Senior Vice-Rector for Academic Activities and Teaching Methods Marina Lavrikova, acting under a power of attorney dated 21 December 2020 No 28-21360, hereinafter referred to as 'Contractor', on whose behalf the Association 'National Platform for Open Education' in accordance with the Agency agreement dated 11 April 2017 No NPOO-AD 2017/01, represented by the director Dmitrii Yushin, acting on the basis of the Charter, hereby invites any interested natural person over the age of fourteen, hereinafter referred to as 'Customer', to enter into an agreement on the provision of information services on the terms specified below.

 

1.  Terms and definitions

            'Services' – information services provided by the Contractor on the instructions of the Customer for a fee, namely, providing the Customer with access to the online course (s) selected by the Customer, the list, description, and duration of which are published by the Contractor on the Portal in the Internet information and telecommunications network at: https://openedu.ru/university/spbu/

            'Online courses' – information and thematic courses consisting of a set of video lectures, methodological materials, tasks, and consultations conducted by the Performer in online or offline mode, posted by the Contractor on the Portal and organised through remote access via the Internet information and telecommunications network, taking place in real-time or on record;

            'Portal' – the national online educational portal 'Open Education.RF' and 'openedu.ru' designed to host massive open online courses;

            'Portal Operator' – Association 'National Platform of Open Education' (All-Russia State Incorporation Number (OGRN) 1157700009136, address: Office 77, 2A, Leninsky Prospekt, Moscow, 119049, contact email address: director@npoed.ru), which enables the operation of the Portal. The Portal Operator is an agent of the Contractor, authorised under the agency agreement to receive payment from the Customer under the information services agreement, which is then transferred to the Contractor complying with the terms of the agency agreement, and to reimburse the fee for the Services (part of the fee for the Services) to the Customer on behalf of The Contractor;

            'Registration' – the actions of the Customer to fill out and submit the registration form posted on the Portal, which, if the Portal Operator has no objections to the Customer's registration, result in the creation of the Customer's account with the generation of a login and a password to log in into the Portal. To gain access to the account, the Customer must confirm his/her Registration by activating the account through the message sent by the Portal Operator to the Customer's email address specified during the Registration.

            The Portal Operator has the right, at its discretion, to use additional procedures for the Registration, including:

- offering the Customer to confirm the Registration by solving an automated Public Turing Test designed to tell computers and humans apart ("captcha");

– sending the registration code via SMS message to the Customer's mobile phone, the number of which is provided by the Customer himself during the Registration.           

 'Authorisation' – the Customer enters his/her login and password to log in into his/her account on the Portal.

            1.2. Terms not defined in clause 1.1 appearing in this Offer shall be interpreted corresponding to the text of this Offer.

 

2.  General provisions

            2.1. Under Paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this Offer is an official, public and irrevocable offer by the Contractor addressed to the Customer to enter into an agreement for the provision of information services under the conditions specified below.

            2.2. The Registration of the Customer on the Portal and the payment for services at the selected online course (s) following the procedure provided for in Section 5 (Article 438 of the Civil Code of the Russian Federation) shall mean the full and unconditional acceptance of this Public Offer.

            2.3. Acceptance of the Offer shall mean that the Customer agrees with all the provisions of this Offer and undertakes to follow them. From the moment the Customer accepts this Offer, this Offer shall be considered an agreement for information services made between the Customer and the Contractor under the terms and conditions outlined in this Offer (hereinafter referred to as the "Agreement").

            2.4. The Contractor shall have the right to provide the contractual services personally or by involving third parties. No additional (other than as set out in this clause) consent of the Customer is required for the involvement of third parties.

 

3.  Subject of the Agreement

            3.1. The Contractor shall provide the Services, and the Customer shall pay for the Services of the Contractor on the terms of this Agreement.

            3.2. The services are to be provided by granting the Customer access to the Portal for taking the selected online courses, viewing the necessary learning and resource materials, taking the activities set out in the online course programme to have the learning outcomes assessed.

            3.3. The Portal Operator ensures access to the Portal for the Customer through registering the Customer on the Portal.

 

4.  Rights and obligations of the Parties to the Agreement

            4.1. The Customer shall:

            4.1.1. provide true, complete, and accurate information about himself when filling in the registration form for Registration in the Portal; not mislead the Contractor and the Operator of the Portal about his/her identity during Registration and the assessment of the online course outcomes on the Portal;

            4.1.2. independently monitor the starting dates of the Services, take the online course(s) programme in its entirety, and undergo evaluation activities of the online course(s) according with the schedule developed by the Contractor;

            4.1.3. notify the Contractor of the unilateral termination of the Agreement on its initiative;

            4.1.4. use online courses only to acquire knowledge, skills, and competence (e.g., for training); the Customer does not have the right to use online courses (in whole or part) for any other purposes, including commercial;

            4.1.5. not transfer the login and password received during the Registration to third parties;

            4.1.6. personally participate in the online assessment of each online course outcomes, follow the instructions of the Contractor when participating in the online course outcomes assessment to ensure personal identification and control over such activities;

            4.1.7. notify the Contractor if the results of the online course outcomes change or if the information about himself/herself on the Portal changes after the Customer has completed the final session.

            4.1.8. not take any actions to gain access to someone else's account through user-name and password spoofing, hacking, or any other means;

            4.1.9. execute payment for Services as outlined in Section 5 of this Agreement.

            4.1.10. not publish messages on the Portal containing obscene language and its derivatives, as well as not allow actions that may be recognised as:

            4.1.10.1. promoting hatred and discrimination on racial, ethnic, gender, religious, or social grounds;

            4.1.10.2. insulting to other users and (or) third parties, compromising their honour, dignity, and business reputation;

            4.1.10.3. violating Personal Data Legislation;

            4.1.11. refrain from and prevent the commission of actions related to any operations with information, content, and objects, the distribution of which is limited or prohibited by the legislation of the Russian Federation, the rights of third parties or this Offer, including malicious computer programs; objects of intellectual rights of third parties, in respect of which the Customer has not received the appropriate authority; confidential information;

            4.1.12. independently organise a workplace with a personal computer or another device that meets the requirements specified in the course guidelines, and with access to the Internet at a speed of at least 1 Mbit/s;

            4.1.13. send to the Contractor's email address – soglasie.online@spbu.ru - a scanned copy of his/her legal representative's written consent to enter into the Agreement drawn up in the form of

Appendix No. 1 to the Agreement in the event the Customer is not over the age of eighteen at the time of entering into the Agreement, before the commencement of each online course that the Customer selects.

            4.2. The Customer shall have the right to:

            4.2.1. receive complete and reliable information from the Contractor about the assessment results of his/her knowledge on online courses;

            4.2.2. contact the Contractor in matters relating to the course completion process and the Portal Operator in matters relating to the functioning of the Portal.

            4.3. The Contractor shall:

            4.3.1. post up-to-date information about online courses on the Portal, including the content, volume, cost, and duration of each online course;

            4.3.2. arrange for and ensure the proper provision of Services under the Agreement. The services are to be provided compliant with the local regulations of the Contractor;

            4.3.3. ensure that the Charter, Certificate of Incorporation, License for Educational Activities, Certificate of State Accreditation of the Contractor are placed in free access on the official website of the Contractor and inform the Customer that he can observe these documents;

            4.3.4. create the necessary conditions for the Customer to master online courses in the electronic information and educational environment;

            4.3.5. ensure that the Customer completes the assessment of the online course outcomes with identification at the local certification centres (the list of available centres is published on the Portal) or at the workplace of the Customer, which meets the requirements outlined in the guideline of the online course;

            4.3.6. issue a document (s) in electronic form on the completion of the online course (s) (certificates) within 30 calendar days after the closing of the online course session provided that the Customer has successfully mastered the online courses in their entirety.            

 4.4. The Contractor shall have the right to:

            4.4.1. independently determine the process of passing online courses, select and change (including in the process of mastering online courses by the Customer) the assessment systems, forms, procedure, and frequency of activities for the  assessment of online courses outcomes and the timing of mastering the online courses;

            4.4.2. terminate the Agreement upon completion of the online course by the Customer, as well as before the end of the online course if the Customer violates any of the terms of the Agreement, and on other grounds complying with the provisions of the Russian legislation. In case the Agreement is terminated for the reasons outlined in this Clause, no reimbursement shall be made to the Customer;

            4.4.3. cancel the document confirming the completion of the online course(s) if it is established that a third party has taken part in the assessment of the online course(s) outcomes instead of the Customer; or if the Customer has otherwise violated the conditions for taking the interim and final assessment of the online course(s) outcomes.

            4.5. The Customer agrees that the results of his/her online course (s) outcomes will be available through the Portal for the Contractor.

 

5.  Payment for Services

            5.1. To pay for the Services, the Customer must pass Authorisation on the Portal, then, in the 'Course Catalogue' section of the Portal, select the online course that the Customer intends to take and enroll in it by clicking on the 'Enroll in the course' link. After that, the online course tab appears in the 'My courses' section of the Customer with the indicated tuition fee. Then the Customer can proceed to pay for Services by clicking on the 'Pay' link. The Customer will be presented with a payment page where it is necessary to choose one of the payment methods (by bank card or using Money.Yandex/ UMoney) and go to paying for Services. Payment is to be made via Kassa.Yandex/ Ukassa. The fee for the  Services is subject to VAT at the rate of 20 %.

            5.2. Payment for Services can be made by transfer of funds by bank transfer to Portal Operator's bank account specified in the payment details on the Portal. The Customer's obligation to pay for the Services shall be deemed fulfilled once the money enters the Portal Operator's account.

            5.3. Data on payment for Services is available to the Customer and the Contractor in their accounts on the Portal.

            5.4. In case the Customer terminates the Agreement before the Customer has passed the first interim assessment of the online course with personal identification or the final assessment of the online course (if the online course does not provide for an interim assessment of the course outcomes), as well as after the completion of the interim assessment of the online course outcomes with personal identification and/or the final assessment of the course outcomes, money paid by the Customer shall not be refunded and shall be used to compensate the expenses of the Contractor.

            5.5. The funds paid by the Customer can be taken into account when the Customer takes another online course of the Contractor listed in the open catalogue of the Portal until the Customer passes the first interim assessment of the online course outcome.

            5.6. In case the Customer is unable to pass the interim assessment of the online course with identification and/or the final assessment of the online course due to the Customer's fault or due to circumstances beyond the control of the Parties, the money paid by the Customer shall not be refunded.

            5.7. If the Customer is unable to pass the interim assessment of the online course and/or the final assessment of the online course due to a technical failure in the Portal, the Customer has the right to retake the above-mentioned tests upon receiving confirmation of the technical failure in the Portal from the Portal Operator.

            5.8. If the Customer is unable to pass the interim assessment during the online course and/or the final assessment of the online course outcomes due to a technical failure in the Portal more than two times, the money paid by the Customer is to be transferred to the Customer's account.

            5.9. Reimbursements to the Customer in the cases specified in Clause 5.8 herein shall be made by the Portal Operator upon the receipt of the Customer's written request sent to the email address specified in Clause 8.13 of the Agreement, and the approval obtained from the Contractor. The funds shall be transferred to that Customer's account from which the payment was executed. The Contractor shall accept the requests for the Service fee refund until the date of completion of the Online Course specified in the course guideline.

6.  Term of the Agreement and the procedure for amending or terminating it

            6.1. The Agreement shall come into effect from the moment the Customer accepts the Contractor's public Offer and valid until the parties fully fulfill their obligations under the Agreement.

            6.2. The Agreement may be amended or terminated on the grounds compliant with the Russian legislation and this Agreement provisions.

 

7.  Personal data

            7.1. By accepting this Public Offer, the Customer provides the Contractor with his/her consent to process his/her identification data, both without and with the use of automation tools (hereinafter referred to as the Consent) entitling the Contractor to instruct the Portal Operator to process the personal data of the Customer.

            7.2. The Consent shall allow for the processing of the following personal data of the Customer: surname, first name, patronymic, registration address, permanent residence address, date and place of birth, mobile phone number, personal email address, social network account addresses, information about skills and qualifications (education, academic degrees, and titles, experience), personal photos (photo images).

            7.3. Personal data shall not be publicly available.

            7.4. The Customer's identification data is to be processed to provide information services under this Agreement.

            7.5. The legal rationale for the processing the Customer's identification data is Article 24 of the Constitution of the Russian Federation, Article 6 of Federal Law No 152-FZ 'On Personal Data' dated 27 July 2006, the Charter of the Association 'NPOO', agency agreements between the Association 'NPOO' and the Contractor, a public offer (offer) for the provision of information services for online courses.

            7.6. During the processing of personal data, the following actions will be performed: collection; recording; systematisation; accumulation; storage; clarification (update, change); extraction; use; transfer (provision, access); depersonalisation; blocking; deletion; destruction.

            7.7. The transfer of personal data to third parties is to be executed based on the legislation of the Russian Federation, an agreement with the personal data subject as a party or upon the consent of the personal data subject. The Customer agrees to have his/her identification data transferred to third parties, including the Contractor, for data processing purpose.

            7.8. Personal data shall be processed until the termination of this Public Offer (Agreement).

            7.9. The Consent shall cover the distribution of information (advertising) notifications.

            7.10. The Consent may be withdrawn by the Customer or his/her legal representative by sending a written notice to the Contractor or his/her representative to the address specified in this Offer.

            7.11. If the Customer or his/her legal representative withdraws the Consent to the processing of personal data, the Contractor has the right to continue processing personal data without the consent of the personal data subject provided that there are grounds specified in paragraphs 2-11 of part 1 of Article 6, part 2 of Article 10 and part 2 of Article 11 of Federal Law No 152-FZ 'On Personal Data' dated 26 June 2006.

            7.12. The Consent shall be valid all the time until the processing of personal data has been terminated compliant with the provisions of clause 7.8. and clause 7.10.

 

8.  Final provisions

            8.1. The Customer agrees that the actions performed on the Portal after Authorisation will be recognised as the actions of the Customer.

            8.2. The Customer shall be responsible for the accuracy, relevance, completeness, and compliance of the information provided upon the Registration with the legislation of the Russian Federation and its integrity against claims from the third parties.

            8.3. By registering on the Portal, the Customer agrees to receive information messages to the email address specified during the Registration.

            8.4. The Customer shall independently ensure the security of the login and password, and is also responsible for all actions performed by him/her after Authorisation. The Customer agrees to immediately notify the Contractor of any attempt of an unauthorised penetration with his/her login and password and/or of any security breach. The Contractor and the Portal Operator shall bear no responsibility for any damage caused by unauthorised access to the Customer's account on the Portal.

            8.5. If the Customer transfers the login and password to any third party, the Customer shall bear all responsibility for the actions of this third party committed on the Portal.

            8.6. The Customer must not violate, block or otherwise damage any security facilities of the Portal or other means that prevent or restrict the use or copying of any online course.

            8.7. Violation by the Customer of the obligation specified in clause 4.1.4. of the Agreement shall be deemed a violation of the Agreement and the Contractor's legally protected intellectual rights to online courses, and may lead to liability compliant with the legislation of the Russian Federation.

            8.8. The Contractor is not responsible for failures in the work (including emergency, preventive) of the Portal, for the poor quality or speed of data provision, for the complete or partial loss of any data posted on the Portal, or for causing any other losses that have arisen or may arise for the Customer when using the Portal.

            8.9. All notifications during the execution of this Agreement are to be sent by the parties to each other via the Portal services, or by email to the addresses specified in this Agreement and when registering on the Portal (for the Customer).

            8.10. The Customer, who is a minor between the ages of fourteen and eighteen, guarantees that he has obtained the written consent of his/her legal representative (one of the parents, adoptive parents, or guardian) to enter into the Agreement following the requirements of Article 26 of the Civil Code of the Russian Federation.

            8.10. All disputes and disagreements that may arise from or in connection with this Agreement will be resolved through negotiations. If no agreement is reached on the disputed issues, all disputes are to be resolved in court at the location of the Contractor

            8.11. The parties shall be liable under the laws of the Russian Federation for the non-performance and/or improper performance of their obligations under this Agreement.

            8.12. In matters not regulated by this Agreement, the parties shall be guided by the current legislation of the Russian Federation.

            8.13. Representative of the Contractor: Vladimir  Starostenko, Director of the Centre of E-Learning Development (email address: online@spbu.ru).