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Public offer (UrFU)

 

Public offer for the provision of paid educational services for online courses

 

Federal State Autonomous Educational Institution of Higher Education «Ural Federal University named after the first President of Russia B.N.Yeltsin», OGRN 1026604939855, address: 19 Mira street, 620002 Ekaterinburg, Russia, licence to carry out educational activities for the educational programs specified in the appendix (attachments) No. 1357 dated June 17, 2011 issued by the Federal Service for Supervision in Education and Science for an unlimited period, represented by Rector Viktor A. Koksharov, acting on the basis of the Charter, hereinafter referred to as the "Contractor", on behalf of which the Association "National Platform for Open Education" operates, in accordance with the agency agreement No. 43-12/1832-2015 dated September 11, 2015, represented by Director Dmitry A. 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 an agreement on the provision of paid educational services on the terms specified below.

1. Terms and Definitions

"Services" is educational services provided by the Contractor at the request of the Customer for a fee, namely training the Customer according to the online course chosen by the Customer. The description, cost and terms of training for the online course is published by the Contractor on the Portal in the information and telecommunications network of the Internet at the address: https://openedu.ru/university/urfu/;

"Online Courses" is additional general developmental 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 the national online learning portal at the address «открытоеобразование.рф» and opednedu.ru, designed to host massive open online courses;

"Portal Operator" is the "National Open Education Platform" Association, which manages the Portal (OGRN 1157700009136, address: 119049, Moscow, Leninsky Prospekt, 2A, contact email: director@npoed.ru). The Portal Operator is the Contractor's agent authorized on the basis of an agency agreement to receive payment from the Customer under an agreement for the provision of paid educational services, which is then transferred to the Contractor in accordance with the terms of the agency agreement;

"Registration" means actions of the User to fill out and submit the registration form posted on the Portal, which, if the Portal Operator has no objections to registering the User, entail the creation of a User account with the assignment of a username and a password to access the Portal. To access the account, the Customer must confirm his/her registration by activating the account through a message sent by the Portal Operator to the Customer's email specified during registration.

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

- offer the Customer to confirm the registration by recognizing an automated test designed to distinguish between computers and people ("captcha");

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

"Authorization" means entering by the Customer their username and password to log in to their 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 offer is an official, public and irrevocable proposal of the Contractor, addressed to the Customer, to conclude an agreement for the provision of paid educational services on the conditions specified below.

2.2. Full and unconditional acceptance of this public offer is the Registration of the Customer on the Portal and payment for services at the selected online course(s) in accordance with the procedure provided for in Section 5 (Article 438 of the Civil Code of the Russian Federation).

2.3. The acceptance of the offer means that the Customer agrees with all the offer’s provisions and undertakes to follow them. From the moment the Customer accepts this offer, this offer is considered an agreement for the provision of paid educational services concluded between the Customer and the Contractor on the conditions established in this offer (hereinafter referred to as the Agreement).

2.4. The Contractor has the right to provide services under the Agreement personally or with the involvement of third parties.

3. Subject matter of the Agreement

3.1. The Contractor undertakes to provide the Services, and the Customer undertakes to pay for the Contractor's Services under the terms of this Agreement.

3.2. Services are provided by granting the Customer with access to the Portal for mastering the selected online course, viewing educational and methodological materials necessary for their mastering, and undergoing procedures to assess the results of mastering online courses (midterm and final certification). The Contractor grants the Customer the right to use the intellectual property (online course materials) posted on the Portal under the terms of this Agreement.

3.3. The Customer's access to the Portal is provided by the Portal Operator by registering the Customer on the Portal.

3.4. The form of training is part-time, the technology of training is using exclusively e-learning and distance educational technologies.

4. Rights and Obligations of the Parties

4.1. The Customer is obliged:

4.1.1. to indicate true, complete and accurate information about him/her when filling out the registration form for Registration on the Portal; not to mislead the Contractor and the Portal Operator regarding their identity when registering on the Portal and when passing the intermediate and final certification;

4.1.2. to independently monitor the starting date of the provision of the Services, master the online course(s) program in full in accordance with the curriculum, including fulfill the established volumes of study load and independent work, undergo midterm and final certification within the timeframe established by the Contractor;

4.1.3. to notify the Contractor about the refusal to fulfill the Agreement unilaterally on its own initiative by sending a letter to the Contractor's e-mail address specified in the Agreement;

4.1.4. to use online courses only for the purpose of mastering knowledge, skills, and competence (i.e. training); The Customer is not entitled to use online courses (in whole or in part) for any other purposes, including commercial;

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

4.1.6. to personally pass the midterm and final certification for each online course, follow the Contractor's instructions when passing the midterm and final certification events in order to ensure personal identification and control the conditions for these events;

4.1.7. not to perform actions aimed at gaining access to someone else's account on the Portal, by selecting a username and password, hacking or other actions;

4.1.8. to pay for the Services in accordance with Section 5 of this Agreement;

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

4.1.10. to refrain and not to allow 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, by the rights of third parties or this Agreement, 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.

4.1.11. to independently organize a workplace with a personal computer or other device that meets the requirements specified in the course description, and with Internet access at a speed of at least 1 Mb/s;

4.1.12. if the Customer at the time of the conclusion of the Agreement hasn’t reached the age of eighteen, before the start of mastering the Online course(s) he/she has chosen, to conclude the Agreement the Customer is obliged to send to the Contractor a scanned copy of the written consent of his/her legal representative to the email address openedu@urfu.ru, drawn up according to the form of Appendix No. 1 to the Agreement.

4.2. The Customer has the right:

4.2.1. to receive complete and reliable information from the Contractor about the assessment of their online courses knowledge, as well as the evaluation criteria;

4.2.2. to cancel the Agreement unilaterally at any time, provided that the Services actually rendered are paid for until the Agreement is terminated;

4.2.3. to contact the Contractor on issues related to the educational process, and to the Portal Operator on issues related to the functioning of the Portal;

4.2.4. in the case of early agreement termination for any reason, to demand from the Contractor a refund of the cost of the Services, if they were not provided, by sending the request to the Contractor's e-mail address specified in this Agreement. The Contractor accepts requirements for the return of the cost of the Services (part of the cost of services) before the date of completion of the online course training.

4.3. The Contractor is obliged:

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

4.3.2. to enroll the Customer for training as a student;

4.3.3. to organize and ensure the proper provision of the Services under the Agreement. Services are provided in accordance with the curriculum and other documents regulating the educational process for online courses (including the course description on the Portal), as well as local regulations of the Contractor;

4.3.4. to ensure that the Charter, the certificate of state registration, the license to carry out educational activities, the 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, the rights and obligations of the Customer are publicly available on the official website of the Contractor, and to inform the Customer that he/she can get acquainted with these documents;

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

4.3.6. to ensure that the midterm and final certification of the Customer is carried out with the passage of 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 online course description;

4.3.7. in case of successful completion of the online courses by the Customer, to issue in electronic form the document(s) on the mastering the online course(s) (certificates), at the request of the Customer to send the document 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 about his/her expulsion no later than 14 (Fourteen) days before the date of expulsion by sending him/her a message to the email address specified during Registration and posting the relevant information on the Portal.

4.4. The Contractor has the right:

4.4.1. to independently carry out the educational process for online courses, choose and change (even in the process of mastering online courses by the Customer) the assessment systems, forms, procedure and frequency of midterm and final certification, terms of mastering online courses, 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 training in case of violation by the Customer of any of the terms of the Agreement and on other grounds provided for by the legislation of the Russian Federation, the Charter and local regulations of the Contractor. This Agreement is considered terminated from the date of deduction specified in the administrative act on the deduction of the Customer. In case of agreement termination on the grounds specified in this paragraph, the refund of the cost of services to the Customer is not made;

4.4.3. to cancel the document on the mastering the online course(s) when establishing the fact of passing the knowledge control on the online course(s) by a third party instead of the Customer, or other violation by the Customer of the conditions for passing the midterm and final certification events on the online course(s).

4.5. The Customer agrees that the results of his/her online course(s) will be available on the Portal in open access.

5. Terms and Procedures of Payment

5.1. To pay for the Services, the Customer must pass Authorization on the Portal, then in the "Courses 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, indicating the cost. The Customer can then proceed to pay for the 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 the Yandex.Money service), and proceed to pay for Services. Payment is made using the "Yandex.Checkout". Payment for the Services is carried out in the order of 100% prepayment. The cost of Services is not subject to VAT on the basis of subclause 14, clause 2, Article 149 of the Tax Code of the Russian Federation.

5.2. The cost of the Services includes the cost of the right to use the Intellectual Property in the amount of 20%.

5.3. Payment for the Services is carried out by non-cash transfer of funds to the account of the Portal Operator specified in the details for payment on the Portal. The Customer's obligation to pay for the Services is considered fulfilled from the moment of receipt of funds to the account of the Portal Operator.

5.4. The data on payment for Services is available to the Customer and the Contractor in their accounts on the Portal.

5.5. In case of early agreement termination for any reason before the Customer passes the first midterm certification in the online course with personal identification or final certification (if the online course does not provide for midterm certification), the Contractor refunds the cost of the Services to the Customer in full.

5.6. In case of early agreement termination after passing the measures of interim certification with personal identification and/or final certification, the Customer will not be refunded a part of the payment corresponding to the part of the Service rendered before the date of termination of the contract (the Customer's deduction).

5.7. The refund of the cost of Services (part of the cost of Services) to the Customer in the cases provided for in clause 5.5. of the Agreement is carried out by the Portal Operator by wire transfer of funds to the Customer's account from which the payment was made.

6. The term of the Agreement, the Procedure for its Amendment or Termination

6.1. The Agreement 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 Agreement.

6.2. The Agreement may be amended or terminated on the grounds provided for by the legislation of the Russian Federation and this Agreement.

7. Personal Data

7.1. The Customer agrees to the Contractor and the Portal Operator to record, organize, accumulate, store, clarify, extract, use, transfer (provide, distribute, access) to third parties his/her personal data specified by him/her during Registration or becoming known to the Customer and/or the Portal Operator in connection with the performance of the Agreement, in particular, last name, first name, patronymic, registration address, permanent residence, date and place of birth, mobile phone number, personal email address, social media accounts, information about skills and qualifications (education, academic degrees, etc. rank, experience), personal photographs (photo images), including through automated processing of such data, in order to carry out the main activities by the Contractor in accordance with the Charter and perform the following actions by the Portal Operator: providing the Customer with access to the Portal; collection and analysis of materials regarding the demand for online courses; verification, research and analysis of data, allowing to maintain and improve the functionality and sections of the Portal, as well as develop new functionality and sections of the Portal.

7.2. The Contractor and the Portal Operator also have the right to use the personal data provided by the Customer in order to ensure compliance with the requirements of the current legislative and other regulatory legal acts of the Russian Federation (including for the purpose of preventing and/or suppressing actions of other Portal users). Disclosure of the information provided by the Customer may be made only in accordance with the current legislation of the Russian Federation at the request of a court, law enforcement agencies, as well as in other cases provided for by the legislation of the Russian Federation.

8. Final provisions

8.1. The Customer agrees that the 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 purity from third-party claims.

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

8.4. The Customer independently ensures the security of the login and password, and is responsible for all actions performed by him/her after Authorization. The Customer is obliged to immediately notify the Contractor of any case of unauthorized access with his/her username and password and/or of any security violation. The Contractor and the Portal Operator are not responsible for any damage caused because 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 4.1.4 of the Agreement is a violation of the agreement, 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 the work (including emergency, preventive) of the Portal, for insufficient quality or speed of data provision, for complete or partial loss of any data posted on the Portal, or for causing any other losses that have arisen or may arise at the Customer when using the Portal.

8.9. All notifications during the execution of this Agreement are sent by the parties to each other by using the Portal services, or by e-mail using the addresses specified in this Agreement 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 he/she has received the written consent of his/her legal representative (one of the parents, adoptive parents, trustee) to conclude an agreement in accordance with the requirements of Article 26 of the Civil Code of the Russian Federation.

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

8.12. For non-fulfillment and/or improper fulfillment of their obligations under this agreement, the parties are liable under the laws of the Russian Federation. A minor Customer between the ages of fourteen and eighteen years independently bears property liability under the Agreement.

8.13. In matters not regulated by this Agreement, the parties are guided by the current legislation of the Russian Federation.

8.14. Contractor's contact person: Alexandra V. Kuzmina, phone: +7 (343) 375-94-50, e-mail: openedu@urfu.ru.


Appendix No. 1
to the public offer for
the provision of paid educational services
for online courses


 

Form of consent of the legal representative to conclude an agreement

I, __________________________________________________________________[1], acting under the ___________________________________________[2] serial number _____________ № _________ issued_____________________ «___» ____________, registered at the address: _______________________________________________[3], being a legal representative to_____________________________________________[4], agree with the conclusion by my son/daughter (adopted, ward) [5] of the Agreement on the conditions set forth in the offer (____________________)[6] for the provision of services for mastering of the Online course «________________________»[7], conducted by Federal State Autonomous Educational Institution of Higher Education «Ural Federal University named after the first President of Russia B.N. Yeltsin» through the Open Education Platform from «__» __________ ____ until «__» __________ ____[8]. ______________________________________[9]


[1] Indicate the last name, first name, patronymic of the legal representative.

[2] Indicate the name of the identity document of the legal representative (for example, a passport of a citizen of the Russian Federation).

[3] Indicate the details of the identity document of the legal representative.

[4] Indicate the last name, first name, patronymic of the Customer.

[5] Indicate who the Customer is to the legal representative.

[6] Indicate the address of the offer.

[7] Indicate the title of the online course.

[8] Indicate the period of the online course.

[9] The specified line must contain a signature, as well as the surname, name, patronymic of the legal representative.