Public Contract (Public Offer)

Tatiana Sergeevna Chernova, acting as a self-employed individual, TIN 781107971945 (hereinafter referred to as the "Contractor"), hereby posts this public offer (public contract) on the website located at https://spletu-macrame-master-classes.tilda.ws/ (hereinafter referred to as the "Website") in accordance with Article 437 of the Civil Code of the Russian Federation, with an official, public, and irrevocable offer to an unlimited number of legally competent individuals (hereinafter referred to as the "Customer"). Together, they shall be referred to as the "Parties," and each individually as a "Party," to conclude an electronic contract for the provision of paid services under uniform terms (hereinafter referred to as the "Contract"), as follows:
Terms and Definitions Used in the Contract
For the purposes of applying and interpreting this Contract, the following terms and definitions shall apply (unless otherwise expressly stated in the Contract):
  Public Offer (Public Contract): an offer addressed to an unlimited number of legally competent individuals containing all the essential conditions of the contract to conclude a paid service agreement in electronic form and on uniform terms for all.
  Acceptance of the Public Offer: complete and unconditional acceptance by the Customer of the terms of the Public Offer through the sequential performance of conclusive actions on the Website, specifically: activation by the Customer of a special checkbox ("checkbox"): "By clicking this button, I confirm that I have read and agree with the Public Offer, the Personal Data Processing Policy, and consent to the processing of my personal data" during the application for services on the Website; payment for services.
The acceptance of the Public Offer is equivalent to the conclusion of a written contract on the terms set forth in the Public Offer, without the need for a signed written copy of the contract, thus creating mutual rights and obligations for the Customer and the Contractor, for which failure to perform may incur liability. If the conditions stated in this Public Offer are accepted and the Acceptance is performed, the individual who accepts the Public Offer becomes the Customer under the paid service agreement.
  Contractor: self-employed Tatiana Sergeevna Chernova, TIN 781107971945, tax registration date: May 15, 2022, registered address – the Russian Federation, Saint Petersburg, email – spletu-macrame@yandex.ru.
  Customer: any interested legally competent individual or their representative (including a legal representative) with sufficient authority who has consented to the processing of personal data, accepted the Public Offer, and accordingly is the Customer of the Contractor's Services under the concluded Contract.
  Website: a collection of interconnected web pages hosted on the Internet at a unique address (URL): https://spletu-macrame-master-classes.tilda.ws/, including all levels of the specified domain, both operational and upcoming throughout its duration, as well as its outgoing pages. Subdomains are pages or collections of pages located on third-level domains belonging to the Website.
  Services: informational and consulting services aimed at providing the Customer with theoretical and practical information in the field of macrame as a form of decorative applied art, rendered for a fee in an online (remote) format by granting access to Master Classes, specifically through the provision of audio-visual content (video tutorials) in accordance with predefined topics of video lessons, independently selected by the Customer using the Website.
The Services provided under the Contract do not constitute professional training as defined by Federal Law No. 273-FZ of December 29, 2012 "On Education in the Russian Federation," are not accompanied by final certification and/or the issuance of educational and/or qualification documents according to state education standards applicable in the Russian Federation.
  Master Class: a pre-recorded video tutorial by the Contractor on how to weave a specific product using macrame techniques, the list of which is posted on the Website, along with additional informational materials. The information presented in the Master Classes is for informational purposes only and contains the Contractor's personal opinion and experience. The Customer is responsible for independently mastering and studying the video lesson and informational materials without oversight from the Contractor.
General Provisions
2.1 This Contract governs the procedure for providing Services to Customers, as well as establishing mutual rights and obligations of the Parties involved in this Contract.
2.2 If the Customer agrees with the terms of the Public Offer, the Customer has the right to voluntarily join the Public Offer by means of Acceptance. If the Customer does not agree with the terms of the Public Offer (in whole or in part), the Contractor recommends refraining from making payment for the Services.
2.3 By accepting this Public Offer, the Customer confirms the following:
2.3.1 Prior to the Acceptance of this Public Offer, the Customer has received all necessary and reliable information from the Contractor regarding the Services, enabling the proper selection of the Services, the price in rubles, and the conditions for acquiring the Services, as well as about the Contractor providing the Services and the timeframes for rendering the Services.
2.3.2 The Customer is a legally competent individual or their representative (legal representative) possessing sufficient authority necessary for entering into and fulfilling the Contract.
2.3.3 The Customer has reviewed the terms of the Public Offer, the Personal Data Processing Policy, as well as other documents posted on the Website, understands all essential conditions of the Contract, the legal consequences of its conclusion, and their rights and obligations regarding personal data processing and protection.
The Customer fully and unconditionally agrees to the conditions of the Public Offer and the Personal Data Processing Policy as they are presented in the text published on the Website, without requiring a signed written version, and gives consent to the processing of their personal data in the manner prescribed.
2.3.4 The Customer acknowledges that they assume all risks associated with the use of information received during the provision of Services, and the Contractor bears no liability for the results achieved by the Customer in practice.
2.4 The offer to conclude the Contract remains valid until withdrawn by the Contractor; in other cases, the period during which the offer to conclude the Contract remains effective is not restricted, provided that the Website is factually available and operational. The Public Offer cannot be unilaterally withdrawn by the Customer.
2.5 The term of this Contract is established until the full provision of Services, calculated from the day of payment for the Services until the last day of the established term.
2.6 The date of conclusion of this Contract is the date of Acceptance by the Customer. The Contractor has the right to retain evidence of the Acceptance (including log files, IP address, time, technical identifiers) for the purpose of proving the fact of conclusion of this Contract and for fulfilling legislative requirements.
Subject and Price of the Contract
3.1 In accordance with the terms and conditions set forth in this Contract, the Contractor agrees to provide the Customer, who has paid 100% of the service cost, with informational and consulting services aimed at providing the Customer with theoretical and practical information in the field of macrame as a form of applied decorative art in an online (remote) format by granting access to Master Classes, and the Customer agrees to accept and pay for the Services in the amount of their cost.
3.2 The list of Master Classes, their detailed descriptions, and costs are specified on the Contractor's Website.
3.3 After the Customer has paid for the Services, the Contractor will send to the Customer's email address a link to a closed channel in the "Telegram" messenger providing access to the paid Master Class and a backup link to the channel on the video hosting platform "YouTube" in its closed section. In case of failure of "Telegram" and/or "YouTube," the Contractor has the right to use Rutube or another similar platform.
3.4 The Customer is responsible for ensuring their own technical capability to use the Website and access the Master Class. The Contractor does not bear any responsibility for providing the Customer with the necessary technical equipment for these purposes.
Payment Procedure for the Services
4.1 Payment for the selected Service is made by the Customer on the Website through the transfer of funds as an advance payment to the Contractor's current account in the amount of 100% of the Service cost. Payments for the Services are made by the Customer at the price indicated by the Contractor on the Website at the time of payment.
4.2 Payment methods for the services: cashless settlement in Russian rubles through a payment system integrated into the Website, or by any other means agreed upon with the Contractor. The amount of the Service cost is not subject to VAT according to Federal Law No. 422-FZ of November 27, 2018, “On the Experiment to Establish a Special Tax Regime ‘Tax on Professional Income.’”
4.3 The Customer's obligation to pay for the Services is deemed fulfilled upon receipt of payment to the Contractor's current account.
4.4 In case of a refund of funds paid by the Customer, the Contractor will refund to the same details from which payment was made. Refunds are possible for the amount corresponding to the Services that were not provided, minus the Contractor's incurred expenses on the performance of the Contract, including expenses related to providing access, storing, and technical support for materials. Refunds are possible subject to a justified request and compliance with the conditions established in this Contract and the legislation of the Russian Federation.
4.5 The Contractor does not control the hardware and software complex of the payment system and bears no liability for payment processing errors. In case the payment system declines the payment or funds are not credited to the Contractor's current account due to the Bank's fault, the obligation to refund the Customer's funds rests with the payment provider and/or the payment system holder, and/or the authorized Bank, with the Contractor providing assistance within their available capabilities.
Service Delivery Terms
5.1 Within one working day from the date of payment for the Services, the Customer will receive an email to the address provided during payment with a link granting access to the materials of the Master Class selected by the Customer during payment. The Services are deemed provided by the Contractor from the date the specified link is sent to the Customer's email.
5.2 The Services under the Contract are deemed provided with the appropriate quality and within the timeframe, as well as accepted by the Customer if the Customer does not submit a substantiated objection regarding the quality and scope of the Services within three calendar days from the date the Contractor sends the link to the Master Class materials.
5.3 Access to the Master Class materials is granted to the Customer without time limitation.
Rights and Obligations of the Parties
6.1 The Contractor agrees to:
6.1.1 Provide the Services with quality, timely, and in full.
6.1.2 Provide Services personally.
6.1.3 Process the Customer's personal data in accordance with the legislation of the Russian Federation.
6.1.4 Fulfill the obligations undertaken properly, in the volume, and within the timelines agreed upon by the Parties in the Contract.
6.1.5 Act in the best interest of the Customer with the same promptness and degree of care, reasonableness, and good faith as if the Contractor were acting in their own interests.
6.1.6 Eliminate deficiencies in the provision of Services at the request of the Customer.
6.1.7 Provide timely support, assistance, and feedback in the chat in the closed channel on the "Telegram" messenger during working hours from Monday to Friday from 9:00 AM to 5:00 PM.
6.1.8 Properly fulfill the other obligations provided for in the Contract.
6.2 The Contractor has the right to:
6.2.1 Receive payment for the Services in full as provided in the Contract, within the specified procedure, amount, and timeline.
6.2.2 Unilaterally change the price of the Services at any time. The new price becomes effective from the moment of publication on the Website and does not apply to Services paid for before the new price was published.
6.2.3 Refuse to provide Services to the Customer in the case of a substantial violation of any provisions of this Contract.
6.2.4 Temporarily restrict the Customer's access to the Master Class in cases of violation of the terms of this Contract, including offensive behavior, spam, copyright infringement. In cases of repeated or gross violation, the Contractor has the right to terminate access without refunding the previously paid funds; however, prior to this, the Contractor shall send the Customer an electronic notification requesting cessation of the violation. Exceptions include cases of public incitement to ethnic hatred, threats, or systematic violations; in such cases, blocking may occur immediately.
6.2.5 Exercise other rights provided for in the Contract and the legislation of the Russian Federation.
6.3 The Customer agrees to:
6.3.1 Timely and fully pay and accept the Services in accordance with the terms agreed upon by the Parties in the Contract.
6.3.2 Independently and timely familiarize themselves with information regarding the Services prior to placing an order, as well as with changes to those terms, with the current version of the public offer during each visit to the Website, including after its acceptance.
6.3.3 When placing an order, fill out all required mandatory fields and provide accurate information.
6.3.4 Not allow third parties to use the services available to the Customer. If the Contractor discovers that the Master Class is being used by third parties using the access rights provided to the Customer, the Contractor has the right to deny the Customer access to the already paid service without refunding the previously paid funds.
6.3.5 Respect the Contractor's copyright in accordance with Section 10 of this Contract. If the Contractor discovers that the Customer has violated the Contractor's copyrights, the Contractor has the right to deny the Customer access to the already paid service without refunding the previously paid funds and to seek judicial protection of their violated rights.
6.3.6 Properly configure the software, access to the information and telecommunications network of the Internet from their personal computer, smartphone, tablet, or laptop, so as to be able to use services like "Telegram," "YouTube," and other services utilized during the provision of the services without interruption.
6.3.7 Behave appropriately during the provision of the Services, specifically: treat the Contractor and other Customers who joined the closed channel in the "Telegram" messenger, where access to the Master Class is provided, with respect, refrain from using obscene language, rudeness, general calls for distrust, or insults to the Contractor. In case of infringement of this clause, the Contractor has the right to refuse the Customer the provision of Services without refunding the payment for such Services.
6.3.8 Properly fulfill the other obligations specified in the Contract.
6.4 The Customer has the right to:
6.4.1 Demand from the Contractor timely and quality provision of Services under this Contract.
6.4.2 Receive clarifications regarding the Master Class in the chat of the closed channel in the "Telegram" messenger and obtain complete information regarding the content and procedure of the Contractor's services provision.
6.4.3 Produce macrame products based on the Master Classes for personal needs (or other non-commercial purposes) and/or for resale. However, this right does not permit the Customer to use in any way the video tutorial and additional informational materials contained in the Master Class for the purposes indicated in Clause 10.2 of this Contract.
6.4.4 Request a refund of paid funds in accordance with the terms set out in the Contract and the legislation of the Russian Federation by submitting a refund application in accordance with Section 7 of this Contract.
6.4.5 Exercise other rights provided for in the Contract and the legislation of the Russian Federation.
Conditions for Refund
7.1 The Customer has the right to withdraw from this Contract at any time prior to its actual execution; in such case, the Contractor will refund the Customer's funds minus actual costs incurred in accordance with Article 32 of the Russian Federation Law "On Consumer Rights Protection." If access to the Master Class has been provided, a partial refund is possible, depending on the volume of services consumed and taking into account technical costs for organizing access. The Service is deemed fully rendered from the moment permanent access to the materials is granted.
7.2 In the event of a Customer's refusal to perform the Contract, such refusal is carried out by sending a request to the Contractor's email. The request must contain sufficient information to identify the Customer, the circumstances leading to the request, as well as specific demands towards the Contractor in accordance with the provisions specified in paragraphs 2.3.4, 8.7.1, and 8.7.2 of this Contract. If the request lacks necessary information required for processing the refund, the Contractor cannot guarantee timely repayment.
7.3 The Contractor reviews the request of the Customer specified in paragraph 5.2 of this Contract within no more than 10 (ten) calendar days from the date of receipt of the request and takes one of the following decisions: satisfies the requests and rectifies the deficiencies, refunds the money, or refuses to satisfy the requests and provides reasons for such refusal.
7.4 If there are grounds, the refund of funds paid by the Customer is made using the same method as the payment or another method agreed upon by the Parties, no later than 10 (ten) calendar days from the date of receipt of the request, and the Contract is deemed terminated from the moment the Contractor decides to refund the funds unless a different date is defined by agreement between the Parties.
Liability of the Parties
8.1 In the case of non-performance or improper performance of their obligations under this Contract, the Parties shall bear liability in accordance with applicable legislation of the Russian Federation. All disputes and disagreements between the Parties will be attempted to be resolved out of court and pre-trial. If the Parties fail to reach an agreement, the dispute shall be transferred for consideration to the court at the Contractor's place of registration.
8.2 The Party that failed to fulfill or improperly fulfilled its obligations under this Contract is obliged to compensate the other Party for losses incurred due to such non-performance.
8.3 If the Party that breached the contract received income as a result of this breach, the aggrieved Party has the right to demand compensation for lost profits in an amount not less than such income along with other losses.
8.4 In case of a contract violation, the aggrieved Party also has the right to demand recognition of rights, restoration of the position that existed prior to the violation, and cessation of actions that infringe rights or pose a threat of violation.
8.5 Neither Party shall be liable to the other Party for non-performance or improper performance of obligations due to extraordinary and unavoidable circumstances (force majeure conditions), including: fire, flood, earthquake, other natural disasters, loss of electricity and/or operation of the computer network, strikes, actions of government authorities, riots, or any other circumstances that significantly affect the ability of the Parties to perform their obligations under this Contract.
8.6 The Party that fails to properly fulfill its obligations under this Contract due to circumstances specified in Clause 8.5 of this Contract shall promptly notify the other Party via email about the occurrence of such circumstances and their effect on the performance of obligations under this Contract.
8.7 The Contractor bears no liability for the results achieved by the Customer after the provision of Services, specifically:
8.7.1 The Contractor is not liable for discrepancies between the provided service and the Customer's expectations and/or for their subjective evaluation; such discrepancies and/or negative subjective evaluations do not constitute grounds to consider the services improperly rendered or not provided in the agreed volume. The Customer fully understands that their practical results of applying the information obtained from viewing the Master Class depend on their own actions and the implementation of the Contractor's recommendations.
8.7.2 The Contractor shall not be liable for the consequences of the Customer's application of the information obtained from the Master Class in practice, including cases where the application of the acquired knowledge failed to yield the intended results the Customer anticipated.
8.8 The Customer assumes full responsibility for their health and readiness for physical exertion while weaving macrame products based on the Master Class.
8.9 In case of a substantial violation by the Customer of any terms of this Contract, the Contractor has the right to unilaterally terminate this Contract.
8.10 The Contractor is not responsible for actions taken by third parties in relation to the Customer, which may occur during the process of studying the video tutorial but which are entirely dependent on the actions and decisions of third parties, such as internet providers, video hosting services, or payment systems.
Consent to Personal Data Processing
9.1 The procedure for processing the Customer's personal data is carried out in accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" and the Privacy Policy posted on the Website at: https://spletu-macrame-master-classes.tilda.ws/policy/. By accepting this Contract, the Customer confirms their awareness of the specified Policy and expresses their consent to the processing of their personal data under the conditions stipulated therein.
9.2 If the Customer intends to provide their personal data to the Contractor for payment and access to the Master Class, a prerequisite for this is prior familiarization with the Policy regarding personal data processing, the contents of the Consent to personal data processing, and providing their consent to the processing of personal data in the manner specified in clause 9.3 of this Contract.
9.3 By activating a special checkbox ("checkbox"): "By clicking this button, I confirm that I have read and agree with the Public Offer, the Personal Data Processing Policy, and consent to the processing of my personal data" during the application for services on the Website, the Customer gives their consent to the Contractor to process their personal data provided during the provision of Services, namely the following data:
9.3.1 Personal information that the data subject provides about themselves to the Contractor at the moment of purchasing the master class, joining the closed channel in the "Telegram" messenger, or other uses of the Website:
  Surname, first name, patronymic
  Email address
  Telegram messenger nickname
  Contact phone number (mobile)
  Data from identification documents, bank card information, and/or account details (if necessary for processing a refund as per the contract and/or law).
9.3.2 User data automatically transmitted by the Website during its use via the software installed on the User's device, such as: IP, MAC, ICCID addresses, information on the type of operating system and browser being used to access the Website, technical specifications of hardware and software, date and time of access to the Website, referrer (previous page address), address of the requested page, geolocation data, automatic data from internet statistics services, and other unique equipment data. The Contractor processes the specified depersonalized data of the data subject if this is permitted in the user's browser settings (with cookies savings and use of JavaScript technology enabled). The Customer acknowledges that the equipment and software they use for visiting websites on the Internet have the ability to restrict cookie operations, as well as deleting previously obtained cookies.
9.4 The Contractor commits to collecting and processing the Customer's personal data only with their consent and under the conditions specified in the Personal Data Processing Policy and the provided consent for personal data processing, in full compliance with the Personal Data Law, preventing any unauthorized access attempts to information and/or transfer thereof to individuals without authority for processing personal data, timely detecting and suppressing such facts, and in the cases required by law — conducting internal investigations and reporting their results to the relevant authority.
9.5 The Contractor processes the Customer's personal data to fulfill obligations under the Contract, conduct Contractor's activities, prevent, detect, and resolve technical issues related to the use of the Website, provide the Customer with effective technical support in case of problems regarding the Website, and confirm the accuracy and completeness of the personal data provided by the Customer.
Intellectual Property
10.1 Master Classes, which include video tutorials and additional informational materials, the Website, photographs, and textual information posted on it, are the property of the Contractor. Master Classes provided to the Customer within the framework of the Services under this Contract are results of the Contractor's intellectual activity, and the Contractor holds copyrights concerning them. Copyrights, such as the right of authorship, rights to name, and rights to the integrity of the work, arise in favor of the Contractor from the moment the Master Class is created and remain in effect for the entire life of the author plus seventy years, starting from January 1 of the year following the year of the author's death.
In the context of the Parties' interactions within the Contract, there is no alienation of exclusive rights to the intellectual activity results from the Contractor to the Customer, but access to intellectual property is provided.
10.2 The Customer is prohibited from conducting any modifications, copying, recording, broadcasting, translating into foreign languages, distributing (publishing, placing in the information and telecommunications network, copying, transferring, or reselling to third parties) the information provided by the Contractor to the Customer (part of this information) within the framework of this Contract for commercial or non-commercial purposes without the Contractor's consent, creating educational and/or informational products based on it for profit, and using this information in any other way, except for personal acquaintance or for the purposes outlined in clause 6.4.3 of this Contract.
The Customer is permitted to use the Master Class in the following ways: reproduction, storage, printing, using it for personal purposes without the right to distribute.
Final Provisions
11.1 The Customer confirms that all the terms of this Contract are clear to them, and they accept them unconditionally and in full. This Contract contains all agreements between the Parties regarding the subject, terms, prices, and other essential conditions, which cancel and invalidate all other obligations that may have been accepted or made by the parties orally or in writing prior to its conclusion. After the conclusion of the Contract, all previous agreements between the Parties are recognized as having lost their effect, and the Parties are governed solely by the terms of this Contract. In all other matters not covered by this Contract, the Parties are governed by the legislation of the Russian Federation, and in the absence of a legal norm regulating the arising legal relations, by established business customs and scientific doctrine.
11.2 Integral parts of the Contract are: the Personal Data Processing Policy, the Customer's Consent to personal data processing, and other documents and information posted on the Website.
11.3 The Contractor has the right to unilaterally make changes and/or additions to the Public Offer by amending the current edition or by adopting a new edition of the Public Offer, provided that the Customer is notified by posting information on the Website on the day such changes and/or additions come into force.
11.4 The publication of changes made to the Public Offer or the posting of a new version of the Public Offer on the Website constitutes proper fulfillment by the Contractor of their obligation to notify (inform) the Customer, who is responsible for familiarizing themselves with the Public Offer and checking for changes during their subsequent use of the Website. If the Customer continues to use the Website and exercise rights and obligations under the Contract after changes have been made to the terms of the Public Offer, this constitutes the Customer's consent to the new changes.
11.5 Any changes to this Public Offer affect Customers who accepted it earlier only concerning the legal relationships that arose after the changes came into force. Changes have no retroactive effect and do not affect previously arisen obligations unless otherwise established by the parties' agreement.
11.6 The Parties recognize that if any specific provision of the Contract becomes invalid during its term due to changes in legislation or by court decision, the remaining provisions of the Contract shall remain binding for the Parties throughout the term of the Contract.
11.7 The Parties recognize the legal force of correspondence through the electronic communication channels specified in the Contract, on the Website, and provided by the Customer during the use of the Website. Correspondence is legally significant regarding messages directly related to the Contract and allows for accurate identification of the sender.
11.8 In the event of changes to personal data and contact details, the Party must promptly notify the other Party. The Parties agree that any notifications and payments made to old addresses or details before the receipt of corresponding notifications about such changes are considered to be duly and properly executed.
11.9 This Public Offer is drafted in the Russian language and in accordance with the legislation of the Russian Federation. To ensure unrestricted access to the Public Offer, it is published in its current edition for free access and round-the-clock availability on the Website at the permanent URL: https://spletu-macrame-master-classes.tilda.ws/, in the section titled “Public Offer.”
Contractor's Details:
Self-employed Tatiana Sergeevna Chernova, TIN 781107971945
Date of tax registration as a professional income taxpayer: May 15, 2022
Registered address: the Russian Federation, Saint Petersburg.
Email: spletu-macrame@yandex.ru