PUBLIC OFFER (OFFER) FOR THE PROVISION OF INFORMATION SERVICES FOR ONLINE COURSES/PROGRAMMES
Federal State Budgetary Educational Institution of Higher Education 'Saint Petersburg State University' (location: 7/9, Universitetskaya Emb., Saint Petersburg, 199034, Russian Federation, license to conduct educational activities in the educational programmes listed in the appendix (appendixes) dated April 7, 2016 No 2063, the Certificate of State Accreditation dated August 5, 2021 No 3649, issued by the Federal Service for Supervision in the Sphere of Education and Science), represented by Vladimir Starostenko, the Vice-Rector for Digital Transformation and Information Security, acting under a power of attorney dated December 26, 2023 No 32-06-681, 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 НПОО-АД 2017/01, represented by the director Dmitrii Yushin, acting on the basis of the Charter, hereby invites any interested individual 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
1.1. '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) and (or) online programme(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/ and https://openedu.ru/program/.
'Online courses' – information and thematic courses consisting of a set of video lectures, methodological materials, tasks, and consultations conducted by the Contractor 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.
'Online programmes' – information and thematic online course or online courses united by a single topic, consisting of a set of video lectures, methodological materials, tasks, and consultations conducted by the Contractor in online or offline mode, posted by the Contractor on the Portal in the 'Programmes' section 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 'OpenEducation.RF' and 'openedu.ru' designed to host massive open online courses.
'Portal Operator' – Association 'National Platform of Open Education' (Primary State Registration 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 to the Portal. To gain access to the account, the Customer must confirm their 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 Customers themselves during the Registration.
'Authorisation' – the Customer enters their login and password to log in into his/her account on the Portal.
1.2. Terms not defined in clause 1.1 may be used in this Offer. In this case, such term shall be interpreted in accordance with 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) and/or online programme(s) following the procedure provided 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 the provision information services concluded 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 has the right to provide services under the agreement personally or by involving third parties. No additional consent (other than as stated in this clause) from 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 under 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 and (or) online programmes, viewing the necessary instructional materials, taking the evaluation 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 the Customer's registration 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 themselves when filling in the registration form for the Registration on the Portal; not mislead the Contractor and the Operator of the Portal about their identity during Registration and the assessment of the online course and (or) online programme outcomes on the Portal;
4.1.2. Independently monitor the starting dates of the Services, complete the programme of the online course(s) and (or) online programme(s) in full, and complete evaluation activities of the online course(s) according within the time frames set by the Contractor;
4.1.3. Notify the Contractor if they unilaterally decide to terminate the Agreement on their own initiative;
4.1.4. Use online courses and (or) online programmes solely for the purpose of acquiring knowledge, skills, and competence (e.g., for training); the Customer does not have the right to use online courses and (or) online programmes (in whole or part) for any other purposes, including commercial;
4.1.5. Not disclose the login and password received during the Registration to third parties;
4.1.6. Personally participate in the online assessment of each online course and (or) online programme outcomes, follow the instructions of the Contractor when participating in the online course outcomes assessment activities to ensure personal identification and control over such activities;
4.1.7. Notify the Contractor if the results of the online course and (or) online programme outcomes change or if the information about themselves on the Portal changes after the Customer has completed the final evaluation activity.
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. Pay for the Services in accordance with 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 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 restricted or prohibited by the legislation of the Russian Federation, the rights of third parties or this Offer, including malicious computer programmes; third-party intellectual property objects for which the Customer has not obtained appropriate permissions; confidential information;
4.1.12. Independently organise a workplace with a personal computer or other device that meets the requirements specified in the course guidelines, and has an internet connection with a speed of no less than 1 Mbps;
4.1.13. Send to the Contractor's email address – soglasie.online@spbu.ru - a scanned copy of written consent from their legal representative to enter into the Agreement formatted as per Appendix No. 1 to the Agreement if the Customer is under eighteen years of age at the time of entering into the Agreement, before the commencement of each online course and (or) online programme that the Customer selects.
4.2. The Customer has the right to:
4.2.1. Access online courses and (or) online programmes in accordance with the terms and conditions of this Offer;
4.2.2. Receive complete and reliable information from the Contractor about the assessment results of their knowledge in the online courses and (or) online programmes;
4.2.2. Contact the Contractor regarding issues relating to the learning process of the online courses and (or) online programmes and the Portal Operator regarding questions related the Portal's functionality.
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 and online programme;
4.3.2. Arrange for and ensure the proper provision of Services under the Agreement. The services are to be provided in accordance with the internal regulations of the Contractor;
4.3.3. Create the necessary conditions for the Customer to master online courses in the digital information-educational environment;
4.3.4. Ensure the assessment of the Customer’s learning outcomes in the online course and (or) online programme, including identity verification at the workplace of the Customer, which meets the requirements specified in the guideline of the online course and (or) online programme;
4.3.6. Issue a document(s) in digital form confirming the completion of the online course(s) and (or) online programmes (certificates) no later than 30 calendar days after the closing of the online course session provided that the Customer has successfully mastered the online courses in full.
4.4. The Contractor have the right to:
4.4.1. Independently determine the process of passing online courses and online programmes, 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 and (or) online programme by the Customer, as well as before the end of the online course and (or) online programme if the Customer violates any of the terms of the Offer, and for other reasons stipulated by the laws of the Russian Federation. In case the Agreement is terminated for the reasons outlined in this Clause, no refunds shall be provided to the Customer;
4.4.3. Cancel the document confirming the completion of the online course(s) if a violation of the conditions for interim or final assessments within the online course(s) and/or online programme(s) by the Customer is detected.
4.5. The Customer agrees that the results of ther online course(s) and (or) online programme(s) outcomes will be accessible on the Portal to the Service Provider.
5. Payment for Services
5.1. Procedure of payment for the Services in terms of online courses posted in the 'Courses' section:
5.1.1 To pay for the Services, the Customer must pass Authorisation on the Portal, then select the desired online course in the "Course Catalog" section and enrol in it by clicking the 'Enrol in the course' link. After that, the online course tab appears in the 'My courses' section of the Customer’s interface with the indicated tuition fee. Then the Customer can proceed to pay for Services by clicking the 'Pay' link. The payment page will be displayed, where the Customer must choose one of the payment methods (by bank card or using the ‘SberPay’/‘SBP’/‘YouMoney’/‘Payselection’ service), and proceed with payment for Services. Payment is processed via the ‘SberPay’/‘SBP’/‘YouMoney’/‘Payselection’ service. The fee for the Services is subject to VAT at the rate of 20 %.
5.1.2. Payment for Services can be made by a wire transfer to the Portal Operator's bank account specified in the payment details on the Portal. The Customer's payment obligation for the Services is considered fulfilled when the funds are credited to the Portal Operator's account.
5.1.3. Payment information is available to both the Customer and the Contractor in their accounts on the Portal.
5.1.4. 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, the funds paid by the Customer shall not be refunded and shall be used to compensate the expenses of the Contractor.
5.1.5. The funds paid by the Customer may be applied once toward another online course of the Contractor listed in the open catalogue of the Portal within one calendar month after payment provided that the Customer has not yet completed the first interim assessment.
5.1.6. 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.
5.1.7. In case 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 of the Portal, the Customer has the right to retake the above-mentioned tests upon receiving confirmation of the technical failure of the Portal from the Portal Operator.
5.1.8. In case the Customer is unable to pass the interim assessment during the online course and/or the final assessment of the online course learning 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.
5.1.9. In case the Customer, after payment, was not given access to the online course materials due to circumstances beyond the control of the Parties, the funds paid by the Customer shall not be refunded. In this case the Customer should contact the Contractor by e-mail.
5.1.10. Refunds to the Customer in the cases specified in Clause 5.1.8 of this Agreement are processed by the Portal Operator upon the receipt of the Customer's written request sent to the Contractor’s 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 made. 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.
5.2. Procedure of payment for the Services related to online programmes posted in the 'Programmes' section:
5.2.1 To pay for the Services, the Customer must pass Authorisation on the Portal.
5.2.2. In the 'Programmes' section of the Portal, the Customer shall select the desired online and click the 'Pay' link. The Customer will be directed to the payment page where they must choose one of the payment methods (by bank card or via ‘SberPay’/‘SBP’/‘YouMoney’/‘Payselection’ service), and complete the payment for the Service.
Payment for the Services shall be made as a 100% prepayment. Payment is to be made via the ‘SberPay’/‘SBP’/‘YouMoney’/‘Payselection’ service. The fee for the Services is subject to VAT at the rate of 20 %.
5.2.3. 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.
5.2.4. Payment information is available to both the Customer and the Contractor in their accounts on the Portal.
5.2.5. If the Agreement is terminated early after the Customer has been granted access to the study materials of the online program but before starting any assessment activities (including reviewing the text of the test task) for any of the modules of the online programme (hereinafter – passing the test tasks), the Service Provider will refund 20% of the total cost of the Services to the Customer.
5.2.6. If the Agreement is terminated after the Customer has started assessment activities, no refund will be provided. The Contarctor’s expenses for rendering the Services after the beginning of passing the test tasks on the online programme chosen by the Customer make up 100% of the cost of the Services, which means that in case of termination of the Agreement after the beginning of passing the first test task on the online programme chosen by the Customer, the cost of the Services is not refunded to the Customer.
5.2.7. In case the Customer is unable to pass the interim assessment of the online programme 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.
5.2.8. In case the Customer is unable to pass the interim assessment of the online programme and/or the final assessment of the online course due to a technical failure of the Portal, the Customer has the right to retake the above-mentioned tests upon receiving confirmation of the technical failure of the Portal from the Portal Operator.
5.2.9. In case the Customer, after payment, was not given access to the online programme materials due to circumstances beyond the control of the Parties, the funds paid by the Customer shall not be refunded. In this case the Customer should contact the Contractor by e-mail.
5.2.10. Refunds of the Service fee (part of the Service fee) to the Customer in cases stipulated by clause 5.2.5. of the Agreement is processed by the Portal Operator within 10 (ten) working days after receipt of a written request from the Customer to the e-mail address of the Contractor specified in the Agreement. The funds shall be transferred to that Customer’s account from which the payment was made. The Contractor shall accept the requests for the Service fee (part of the Service fee) refund until the date of completion of the online programme specified in the programme guideline.
5.2.11. In case of payment for the Services in the part of online programmes by a foreign bank card, in case of a refund to the Customer, any possible bank commissions and currency exchange differences shall not be reimbursed by the Operator and the Contractor.
6. Term of the Agreement Procedure for Amendment or Termination
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 fulfil their obligations under the Agreement.
6.2. The Agreement may be amended or terminated on the grounds compliant with the Russian legislation and this Offer provisions.
7. Personal Data
7.1. By accepting this Public Offer, the Customer provides the Contractor with their consent to process their personal 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 personal data is processed for the purpose of providing 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-ФЗ 'On Personal Data' dated July 27, 2006; the Charter of the Association 'NPOE' («НПОО»), agency agreements between the Association 'NPOE' («НПОО») and the Contractor, the Public Offer for the provision of information services for online courses.
7.6. During the processing of personal data, the following actions may 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 carried out 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 their identification data transferred to third parties, including the Contractor, for the purpose of data processing.
7.8. The Consent shall cover the distribution of information (advertising) notifications.
7.9. The Consent may be withdrawn by the Customer or their legal representative by sending a written notice to the Contractor or their representative to the address specified in this Offer.
7.10. If the Customer or their 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-ФЗ 'On Personal Data' dated June 26, 2006.
7.11. 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 are considered the actions taken by 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 them after Authorisation. The Customer agrees to immediately notify the Contractor of any attempt of an unauthorised access with their login and password and/or of any security breaches. 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 discloses 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 property rights to online courses, and may result in the Customer being held liable in accordance 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 they have obtained the written consent of their legal representative (one of the parents, adoptive parents, or guardians) 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 shall be settled through negotiations. If no agreement is reached on the disputed issues, all disputes are to be settled in court in accordance with the procedure established by law.
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: Anastasia Kovalchuk, Director of the Centre of E-Learning Development (email address: online@spbu.ru).
9. Contractor’s Details
Full Name: Federal State Budgetary Educational Institution of Higher Education 'Saint Petersburg State University'
Abbreviated name: SPbU
Location of 'Saint Petersburg State University: 7/9, Universitetskaya Emb., Saint Petersburg, 199034.
License to conduct educational activities in the educational programmes listed in the appendix (appendixes) dated April 7, 2016 No 2063, issued by the Federal Service for Supervision in the Sphere of Education and Science
The Certificate of State Accreditation dated August 5, 2021 No 3649, issued by the Federal Service for Supervision in the Sphere of Education and Science
Details
ИНН — 7801002274
КПП — 780101001
ОГРН — 1037800006089
ОКПО — 02068516
ОКТМО — 40307000000
Recipient — UFK St. Petersburg
Recipient bank — North-West PG Bank of Russia//UFC St. Petersburg St. Petersburg
БИК — 014030106
Account — 03214643000000017200
Correspondent account — 40102810945370000005
Appendix 1
to the Public Offer
for provision of Information services
for online courses
FORM OF CONSENT OF THE LEGAL REPRESENTATIVE TO THE CONCLUSION OF A CONTRACT
I,__________________[1], acting upon __________________ [2] series _____________ No______________issued_______________________________________________________________________________________ registered at the following address:_________________________________ _______________________________________________[3], as the legal representative of _____________________________________________[4], agree to my son/daughter (adopted child, ward)[5] entering into the Contract on the conditions set out in the offer (____________________) [6] for the provision of online course «________________________» [7] conducted by Federal State Budgetary Educational Institution of Higher Education 'Saint Petersburg State University', through the Open Education Platform from «__» ____ to «___» ___________[8].
______________________________________[9]
[1] Specify the surname, first name, patronymic of the legal representative.
[2] Specify the name of the identity document of the legal representative (e.g. passport of a citizen of the Russian Federation).
[3] Specify the details of the identity document of the legal representative.
[4] Specify the surname, first name, patronymic of the Customer.
[5] Indicate the legal representative’s relationship to the Customer.
[6] Specify the address where the offer is to be placed.
[7] Specify the online course.
[8] Specify the period of the online course.
[9] This line must contain a signature and the surname, first name and patronymic of the legal representative.
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