Public offer for the provision of fee-based educational services for online courses
Federal State Autonomous Educational Institution of Higher Education “Peter the Great Saint Petersburg Polytechnic University”, (ITN 7804040077, PSRN 1027802505279; address: 29 Politechnicheskaya str., Saint Petersburg, Russian Federation, 195251; license for educational activities dated 19.02.2016, registration No. 1949, series 90L01 No. 0008982, issued by the Federal Service for Supervision of Education and Science perpetually), represented by the Vice-rector for Educational Activities Elena Razinkina, acting on the basis of power of attorney No. yur-368/16-d dated 29.12.2016, hereinafter referred to as the “Contractor”, on whose behalf the National Open Education Platform Association acts (ITN 7704319660, PSRN 1157700009136; address: 119049, Moscow, Leninsky Prospekt d. 2A) on the basis of agency agreements No.NPOO-AD2016/02 dated 03.02.2016 and No. NPOO-AD2017/05 dated 06.12.2017, represented by Director Dmitry Alexandrovich Yushin, acting on the basis of the Charter, hereby invites any interested individual who has reached the age of fourteen, hereinafter referred to as the “Customer”, to conclude a contract for the provision of fee-based educational services on the terms specified below.
1. Terms and definitions
«Services» are educational services provided by the Contractor on the instructions of the Customer for a fee, namely, training of the Customer according to the online course chosen by the Customer, the description and terms of training for which are published by the Contractor on the Portal in the information and telecommunications network of the Internet at: https://openedu.ru. At the same time, the choice of an Online course is carried out by the Customer by performing a number of technical actions in the graphical interface of the Portal.
«Online courses» are additional general development programs for children and adults developed by the Contractor and posted on the Portal, which are implemented by the Contractor using e-learning and distance learning technologies.
«Portal» is an information resource designed to host Online courses, located at the following addresses on the Internet: “Открытоеобразование.рф” and “openedu.ru”.
«Portal Operator» is the National Open Education Platform Association (ITN 7704319660, PSRN 1157700009136; address: 119049, Moscow, Leninsky Prospekt d. 2A; contact e-mail: director@npoed.ru), which ensures the functioning of the Portal.
«Registration» is a series of Customer’s actions to fill out and send the registration form posted on the Portal, which, if the Portal Operator has no objections to the Customer’s registration, entail the creation of the Customer’s account with the assignment of a username and a password to access the Portal; to activate the account, the Customer must confirm the registration through a message sent by the Portal Operator to the Customer’s email address, which was specified during registration.
The Portal Operator has the right, at its sole discretion, to use additional procedures for account activation, including:
- an offer to the Customer to confirm registration by recognizing an automated test designed to distinguish computers and people (“captcha”);
- sending the registration code via SMS message to the Customer’s mobile phone number specified by the Customer during registration.
«Authorization» ” is the procedure of entering the username and password to log in to the account on the Portal.
2. General provisions
2.1. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this document is an official public irrevocable offer of the Contractor addressed to the Customer to conclude a contract for the provision of fee-based educational services on the terms set out in this document.
2.2. The full and unconditional acceptance of this offer in relation to the Online Course chosen by the Customer is the Registration and payment of Services for the corresponding Online Course in accordance with the procedure provided for in Section 5 (Article 438 of the Civil Code of the Russian Federation).
2.3. Acceptance of the offer means that the Customer agrees with all the provisions of this offer and undertakes to follow them. From the moment of acceptance by the Customer of this offer, this offer is considered a contract for the provision of fee-based educational services concluded between the Customer and the Contractor on the terms set forth in this document (hereinafter referred to as the “Contract”).
2.4. The Contractor has the right to provide Services under the Contract personally or with the involvement of third parties. Additional (in addition to what is set out in this paragraph) the Customer’s consent to the involvement of third parties is not required.
3. Subject of the contract
3.1. The Contractor undertakes to provide the Services and the Customer undertakes to pay for the Services of the Contractor on the terms of the Contract.
3.2. The services are provided by granting access to the Portal for the Customer to master the Online Course chosen by the Customer, viewing educational and methodological materials necessary for their development, and taking measures to assess the results of mastering the Online course (intermediate and final certification).
3.3. The Portal Operator provides access to the Portal for the Customer.
3.4. The form of education is distance education; the education technology is exclusively with the use of e-learning, distance educational technologies in its entirety.
4. Rights and obligations of the Contract parties
4.1. The Customer is obliged:
4.1.1. when registering on the Portal, to specify reliable, complete and accurate information about themselves; not to mislead the Contractor and the Portal Operator about their identity when registering on the Portal and when passing intermediate and final certification; to keep the information specified during Registration up to date;
4.1.2. to independently monitor the timing of the start of the provision of Services, to master the Online course program in its entirety in accordance with the curriculum, including performing the established amounts of academic load and independent work, to pass intermediate and final certification within the time limits set by the Contractor;
4.1.3. to master the Online Course only for the purpose of mastering knowledge, skills, and competence (i.e. education); the Customer does not have the right to use the Online Course (in whole or in part) for any other purposes, including commercial;
4.1.4 not to transfer the username and password received during Registration to third parties;
4.1.5. to personally pass the intermediate and final certification on the Online course, to follow the instructions of the Contractor when passing the intermediate and final attestation events in order to ensure identity identification and control the conditions for these events;
4.1.6. not to perform actions aimed at gaining access to someone else’s account on the Portal by selecting the username and password, hacking or other actions;
4.1.7. to make payment for Services in accordance with Section 5 of this Agreement.
4.1.8. not to publish messages on the Portal containing obscene language and its derivatives, as well as not to allow actions that can be recognized as:
● propagandizing hatred, discrimination on racial, ethnic, sexual, religious, social grounds;
● insulting other users and (or) third parties, discrediting their honor, dignity, business reputation;
● violating the legislation on personal data;
4.1.9. to 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 the Contract, including malicious computer programs, the results of intellectual activity of third parties, in respect of which the Customer has not received the appropriate authority, confidential information.
4.1.10. to independently organize a workplace with a personal computer or other device that meets the requirements specified in the description of the Online course, and with access to the Internet at a speed of at least 1 Mbit/s;
4.1.11. if the Customer at the time of conclusion of the Contract is not a person who has reached the age of eighteen, before the start of mastering each Online course chosen by them, to send a scanned copy of the written consent of their legal representative to conclude the Contract, drawn up in the form of Appendix No. 1 to the Contract it to the Contractor to the e-address kalmykova_sv@spbstu.ru.
4.2. The Customer has the right:
4.2.1. to receive complete and reliable information from the Contractor about the assessment of their knowledge on the Online course, as well as the evaluation criteria;
4.2.2. to cancel the Contract unilaterally at any time, provided that the Services actually rendered before the termination of the Contract are paid for;
4.2.3. to contact the Contractor on issues related to the educational process, and the Portal Operator on issues related to the functioning of the Portal.
4.3. The Contractor is obliged:
4.3.1. to post up-to-date information about the Online Course on the Portal, including the content, volume, cost and terms of training for the Online Course;
4.3.2. to enroll the Customer in the course as a course participant, provided that the Customer complies with the terms of the Agreement;
4.3.3. to organize and ensure the proper provision of Services under the Contract. The services are provided in accordance with the curriculum and other documents regulating the educational process for the Online Course (including the description of the Online Course on the Portal), as well as local regulations of the Contractor;
4.3.4 to ensure that the charter, certificate of state registration, license for educational activities, certificate of state accreditation of the Contractor, as well as information about educational programs implemented by the Contractor, documents regulating the organization and implementation of educational activities are publicly available on the official website of the Contractor;
4.3.5. to create the necessary conditions for the Customer in the electronic information and educational environment for the development of an Online course;
4.3.6. to ensure that the intermediate and final certification of the Customer is carried out with passing the personal identification in local certification centers (the list of available centers is published on the Portal) or at the Customer’s workplace that meets the requirements set out in the description of the Online course;
4.3.7. in case of successful completion of the Online Course by the Customer in its entirety, to issue a document on the completion of the Online course (certificate) in electronic form, at the request of the Customer, to send the document issued in paper form through the postal service organization to the residential address specified by the Customer during Registration;
4.3.8. to notify the Customer of their expulsion no later than 14 (fourteen) days before the date of expulsion by sending them a message to the email address specified during Registration and (or) posting relevant information on the Portal.
4.4. The Contractor has the right:
4.4.1. to independently carry out the educational process on the Online course, to choose and change (including in the process of mastering the Online course by the Customer) the assessment systems, forms, procedure and frequency of intermediate and final certification, the terms of mastering the Online course, to impose disciplinary penalties in accordance with the charter and local regulations of the Contractor;
4.4.2. to expel the Customer upon completion of the training, as well as before the completion of the education in case of violation by the Customer of any of the terms of the Contract and on other grounds provided for by the legislation of the Russian Federation, the charter and local regulations of the Contractor. The contract is considered terminated from the date of expulsion specified in the administrative act on the Customer’s expulsion. In case of termination of the Contract on the grounds specified in this paragraph, the cost of services to the Customer is not refunded;
4.4.3. to cancel the document on the completion of the Online Course when establishing the fact of passing the knowledge control on the Online Course by a third party instead of the Customer, or other violation by the Customer of the conditions for passing the intermediate and final certification activities on the Online course.
4.5. The Customer agrees that the results of the Online Course will be available on the Portal in open access.
5. Payment procedures
5.1. To pay for the Services, the Customer must pass Authorization on the Portal, then in the “Course Catalog” section of the Portal, select the Online Course that the Customer intends to master and enroll in it by clicking on the “Enroll in the course” link. After that, the Online Course will appear in the “My courses” section of the Customer with an indication of the cost of providing Services in relation to such an Online course. Then the Customer can proceed to payment 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 (with a bank card or using the “UMoney” service) and go to paying for Services. Payment for Services is carried out in the order of 100% prepayment. Payment is made using the “UMoney” service. The cost of Services is not subject to VAT on the basis of subsection 14, section 2, Art. 149 of the Tax Code of the Russian Federation.
5.2. Payment for Services is carried out by non-cash transfer of funds to the bank account of the Portal Operator specified in the payment details on the Portal. The Customer’s obligation to pay for Services is considered fulfilled from the moment of the receipt of funds to the account of the Portal Operator.
5.3. Data on payment for Services are available to the Customer and the Contractor in their accounts on the Portal.
5.4. In case of early termination of the Contract for any reason before the Customer passes the first event of the intermediate certification on the Online course with the personal identification or the final certification (if the Online course does not provide for the intermediate certification), the Portal Operator returns the cost of Services to the Customer within 10 (ten) working days in full in accordance with subsection 5.6.
5.5. In case of early termination of the Contract after passing the intermediate certification with the personal identification and/or final certification, the Customer will not be refunded the part of the payment proportional to the part of the Service rendered before the date of termination of the Contract (Customer’s expulsion).
5.6. The refund of the cost of Services (part of the cost of Services) to the Customer in the cases provided for in subsections 5.4. and 5.5 of the Contract is carried out by the Portal Operator after receiving a written request from the Customer to the Contractor’s email address specified in subsection 8.15 of the Contract. The funds are transferred to the Customer’s account, from which the payment was made. Requests for the refund of the cost of Services (part of the cost of Services) are accepted by the Contractor before the date of the completion of the Online Course specified in the description of the Online course.
6. The Contract term, alteration or termination
6.1. The Contract is considered concluded from the moment the Customer accepts the Contractor’s public offer and is valid until the parties fully fulfill their obligations under the Contract.
6.2. The Contract may be altered or terminated on the grounds provided for by the legislation of the Russian Federation and this Contract.
7. Personal Data
7.1. By accepting this public offer, the Customer provides the Portal Operator, representing the interests of the Contractor, with his consent to the processing of his personal data, both without the use of automation tools and with their use (hereinafter – Consent).
7.2. Consent is given to the processing of the following personal data of the Customer: family name, first name, patronymic name, 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 is not publicly available.
7.4. The Customer’s personal data is processed for the purpose of fulfilling the terms of the Contract, collecting and analyzing materials regarding the demand for Online courses, checking, researching and analyzing data that allows maintaining and improving the functionality and sections https://openedu.ru, as well as develop new functionality and sections https://openedu.ru.
7.5. The basis for the processing of personal data by the Customer is Art. 24 of the Constitution of the Russian Federation, Article 6 of Federal Law No. 152-FZ “On Personal Data” of July 27, 2006, the charter of the NOEP Association, agency agreements between the NOEP Association and higher education organizations, a public offer for the provision of fee-based educational services for Online courses, the parties to which are the higher education organization, the NOEP Association and the Customer paying for the identification procedure for passing intermediate and final certification for the Online course.
7.6. During the processing of personal data, the following actions will be performed: collection; recording; systematization; accumulation; storage; clarification (update, change); extraction; use; transfer (distribution, provision, access); depersonalization; blocking; deletion; destruction.
7.7. The transfer of personal data to third parties is carried out on the basis of the legislation of the Russian Federation, an agreement with the participation of the personal data subject or with the consent of the personal data subject. The Customer agrees to the possible transfer of their personal data to third parties, including the Contractor, for the purposes of processing personal data.
7.8. Personal data is processed until the termination of this public offer (Contract).
7.9. Consent is given, including for informational (advertising) notifications.
7.10. The consent may be withdrawn by the Customer or their legal representative by sending a written application to the Contractor or its representative at the address specified in this offer.
7.11. If the Customer or their legal representative withdraws 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 if there are grounds specified in subsections 2-11, section 1, Art. 6, section 2. Art. 10 and section 2, Art. 11 of Federal Law No. 152-FZ “On Personal Data” of July 27, 2006.
7.12. The consent is valid all the time until the termination of the processing of personal data specified in subsections 7.8 and 7.10.
8. Final provisions
8.1. Information interaction between the Customer and the Contractor within the framework of the Contract can be carried out, including (but not limited to) by performing technical actions by the Parties on the Portal and sending letters to each other by e-mail. In this case, the address of the Contractor’s e-mail address is specified in section 8.15 of the Contract; the address of the Customer’s e-mail address is specified during Registration. The Customer and the Contractor apply the rules on a simple electronic signature to the relations on the transmission and reception of notifications and messages on the Portal and by e-mail in connection with the Contract, considering as such the accounts on the Portal and the corresponding addresses of e-mail addresses, since access to the Portal and e-mail addresses is carried out using a username and (or) an access code (password), and equating such an electronic signature to an analogue of a handwritten signature, respectively, of the Customer and the Contractor, and messages and documents signed with such electronic signatures are equivalent to documents signed on paper. Actions performed on the Portal after Authorization are recognized as the actions of the Customer.
8.2. The Customer is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Russian Federation of the information provided during registration and its accuracy from third-party claims.
8.3. By registering on the Portal, the Customer agrees to receive information messages to the e-mail address specified during registration.
8.4. The Customer independently ensures the security of the username and password, and is also responsible for all actions performed personally after Authorization. The Customer is obliged to immediately notify the Contractor of any case of unauthorized access with his username and password and/or of any security violation. The Contractor and the Portal Operator are not responsible for any damage caused as a result of unauthorized 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 bears 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 features of the Portal, 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 4.1.3 of the Agreement is a violation of the Contract, the Contractor’s legally protected intellectual rights to Online Courses, and may entail liability in accordance with the legislation of the Russian Federation.
8.8. The Contractor is not responsible for interruptions in work (including emergency, preventive) of the Portal, for insufficient 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 from the Customer when using the Portal.
8.9. All notifications during the execution of this Contract are sent by the parties to each other by using the Portal services, or by e-mail using the addresses specified in this Contract and when registering on the Portal (for the Customer).
8.10. The customer, who is a minor aged from fourteen to eighteen years, guarantees that they have received the written consent of their legal representative (one of the parents, adoptive parents, trustee) to conclude a contract in accordance with the requirements of Article 26 of the Civil Code of the Russian Federation.
8.11. For non-fulfillment and/or improper fulfillment of their obligations under this agreement, the parties are responsible under the legislation of the Russian Federation. A minor Customer aged from fourteen to eighteen independently bears property liability under the Contract.
8.12. All disputes and disagreements that may arise from or in connection with this Contract will be resolved through negotiations. If no agreement is reached on the disputed issues, all disputes are resolved in court at the location of the Contractor.
8.13. For non-fulfillment and/or improper fulfillment of their obligations under this Contract, the parties are responsible under the legislation of the Russian Federation.
8.14. In matters not regulated by this Contract, the parties are guided by the current legislation of the Russian Federation.
8.15. Representative of the Contractor:
Kalmykova Svetlana Vladimirovna,
телефон: +7 (812) 290-95-07
e-mail: kalmykova_sv@spbstu.ru
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