PUBLIC OFFER
for entering into a contract for the provision of paid
information and consulting services
for entering into a contract for the provision of paid
information and consulting services
1. GENERAL PROVISIONS
1.1. This public offer to enter into a contract for the provision of paid services (hereinafter – the “Offer” or the “Contract”) constitutes an official offer of Alex Glushanin, hereinafter referred to as the “CONTRACTOR”, to any legal entity, individual, including those registered as an individual entrepreneur, hereinafter referred to as the “CUSTOMER”, to enter into a contract for the provision of paid information and consulting services.
1.2 In accordance with Article 66 and Article 66¹ of the Civil Code of the Republic of Poland (Kodeks cywilny), this document constitutes a public offer. By accepting the terms set out below and paying for the Contractor’s services, the person accepting this Offer becomes the Customer. Acceptance must be full and unconditional.
1.3. By making payment for the services, the Customer accepts the Offer, guaranteeing that they have read and accept all the terms of the Offer in the form in which they are set out in the text of this Contract, and have also familiarized themselves with the cost of the Services and the information about the service provided by the Contractor.
1.4. By accepting the Offer, the Customer confirms the legality of their actions: the existence of authority, legal capacity, having reached the age of 18, having the legal right to enter into contractual relations with the Contractor; confirms that they have read and agree with all the rules of the online service (Platform) used by the Contractor to provide services under the Contract https://getcourse.ru/, https://telegram.org/ and other online services used by the Contractor to provide services under the Contract.
1.5. The Customer is notified that the information and consulting services provided for by this Contract are divided into levels:
1.6. The Contractor and the Customer provide mutual guarantees of their legal capacity and capacity to act necessary for entering into and performing this Contract for the provision of services.
1.7. The Customer guarantees that prior to accepting this Offer they have familiarized themselves with its terms, the terms of use of the services and other information related to the services provided under this Contract.
1.8. This Contract may be amended and/or supplemented by the Contractor unilaterally without any special notice. This Offer-Contract is an open and publicly available document. The current version of the Offer-Contract is available on the Internet at: https://grafix-school.com/. The Offer may be reviewed before payment for the ordered information and consulting services in the relevant payment service.
1.9. The paid services contract concluded by acceptance of this public offer does not require sealing and/or signing by the “Customer” and the “Contractor” (hereinafter – the “Parties”), while retaining full legal force.
2. DEFINITIONS AND TERMS
1.1. For the purposes of this Offer, the terms below are used in the following meaning:
Acceptance of the offer – full and unconditional acceptance of the offer by the Customer by performing actions to make an advance payment for the provision of information and consulting services.
Customer – an individual or legal entity with legal capacity and capacity to act that has joined the terms of this Offer by accepting the offer.
Contractor – Alex Glushanin.
Public offer, Contract, Offer, Offer-Contract – this electronic document “Public offer to enter into a contract for the provision of paid information and consulting services posted on the Internet at: https://grafix-school.com.
Website – the set of information, texts, graphic elements, design, graphics, images, literary works (texts), audiovisual works (photo and video materials) and other results of intellectual activity, as well as computer programs contained in an information system ensuring access to such information on the Internet at the network address with the domain name: https://grafix-school.com/, including all its sections (pages, subdomains), file structure and any other structural elements, source and object code, owned by the Contractor.
Video lesson — a thematic audiovisual work for the Customer to study remotely via the Internet. For the purposes of this Contract, a Video lesson also means a recording of a webinar.
Feedback — the Contractor’s response, consultation on the Customer’s questions on the topic of the product.
Webinar (broadcast) — a thematic presentation or consultation of the Contractor conducted online simultaneously for several Customers or individually for the Customer, if provided by the Service Package. The Customer may listen to and/or view such presentation both in real time and by viewing the recording of the webinar, if the Contractor records it.
Module – a section of the Contractor’s informational Product corresponding to a specific topic and including: informational video recordings, assignments, handout materials, review of questions on assignments, webinars (the duration and number of which are determined by the Contractor).
Platform — an automated system for reviewing the Contractor’s informational materials in interactive mode (electronic information and educational environment) located at: https://getcourse.ru/, used by the Contractor to provide services under the Contract, the exclusive rights to which belong to a third party.
Personal account — the Customer’s personal page on the Platform containing information about the Customer and the functionality of which provides them access to the Contractor’s Product.
Information materials – objects of the Contractor’s intellectual property in the form of audiovisual works, audio recordings, texts, images, drawings, photographs, charts, video, programs, sounds, user interfaces, etc., which constitute the content of the Contractor’s informational product.
Product — a combination of a certain list of paid and free services provided together with the main service, supplementing and improving the product.
Services – information and consulting services provided by the Contractor to the Customer in a remote format via online consultations, exchange of materials, written and oral (voice) interaction in the scope purchased by the Customer from the Contractor.
Gift (bonus) materials – free services provided by the Contractor or co-contractors engaged by them that improve the product, such as: broadcasts with invited speakers, access to chatbots, closed channels or analytics services, useful links, collections of websites with mockups, fonts, palettes, photographs, websites with vacancies, guides, templates and other materials and services.
Service Package — a combination of a certain list of paid and free services provided together with the main information and consulting service, supplementing and improving the Product. Approved Service Packages are published on the Website in the “Tariffs” section.
Tariff — the cost of the relevant Service Package established by the Contractor.
Telegram – a cross-platform messenger for smartphones enabling exchange of messages and media files of various formats.
2.2. Each term defined in this section of the Offer retains its meaning regardless of where it appears in this Offer. In this Offer, words denoting the singular include the plural and vice versa.
2.3. This document may use terms not defined in Section 2 of the Offer. In such case, interpretation of such term is made in accordance with the text of this document. In the absence of an unambiguous interpretation, the interpretation shall be guided first by applicable laws of the Republic of Poland and European Union law (including GDPR), and second by commonly used meanings in online practice.
2.4. By accepting this offer, the Customer agrees that the following documents are integral parts of this Contract, the terms of which apply to the provision of information services by the Contractor to the extent not contradicting this Contract:
“Policy regarding the processing and protection of personal data”, posted at: https://grafix-school.com/privacy_policy_eng.
2.5. In this document, the time zone Europe/Warsaw (CET/CEST) is used when indicating time.
3. SUBJECT OF THE CONTRACT
3.1. The subject of this Offer-Contract is the paid provision by the Contractor of a set of information and consulting services (hereinafter – the “Services”) in a remote format, and the Customer undertakes to accept and pay for these Services in accordance with the terms of this Contract. The Services may be provided in the following format:
3.3. The Services are provided during the service provision period stated on the Website and on the Platform.
3.4. The Contractor may engage third parties to provide the Services. In this case, the Contractor is responsible to the Customer for the actions of third parties.
4. PROCEDURE FOR PROVIDING SERVICES
4.1. Prior to the start of the provision of services, the Customer must ensure that their PC meets the following minimum technical requirements:
4.3. When placing an order, the Customer may уточнить information about the Services at:
hello@grafix-school.com. Anonymous requests to the Contractor with an offer to provide the Services or other demands are not processed.
4.4. After payment for the Services, an email confirmation is sent to the Customer’s email specified in the order with authentication data (login and password), as well as a hyperlink to the Personal account that allows the Customer to перейти and register on the Platform.
4.5. Access to the Information materials is provided in stages in accordance with the established schedule (plan) of service provision, starting from the start date announced on the Website.
4.6. From the moment of filling in the data in the application and performing the actions provided for in Clauses 4.2-4.4. of the Contract, the person is considered identified by the Contractor as the Customer.
4.7. The Services may be provided simultaneously to several Customers. The Customer understands this and agrees to this condition.
4.8. To receive the Services, the Customer must authorize in the Platform personal account using the personal login and password that are sent to them to the email specified when placing the order on the Website.
4.9. The provision of the Services takes place without direct interaction between the Contractor and the Customer on the premises.
4.10. Gift (free) services and materials:
4.10.1. Gift materials and additional services are not included in the cost of the Services and are provided by the Contractor free of charge. The composition of free services and their format may be changed by the Contractor at any time; provision of part or all free services may be discontinued at any time. The provision of free services by the Contractor is not guaranteed. In case of early termination of this Contract, the Contractor вправе refuse to provide the Customer with all free services announced in the Tariff.
4.10.2. After the expiration of the service provision period, the Contractor may provide the Customer, free of charge, a License (non-exclusive) in the form of access to information materials in the scope and for the period at the Contractor’s discretion.
4.10.3. As free additional services, the Contractor may предусмотреть the possibility of консультации (in the format of a Webinar, online broadcast, chat correspondence) with invited experts and specialists, the Contractor’s feedback in the chat for the period established by the Contractor.
4.10.4. The Contractor provides the Customer, free of charge, the possibility to use literature, a collection of fonts and sets of mockups (templates). The Contractor independently determines the composition, quantity, types and categories of the provided materials. The period of free use of such materials may be limited to the period of service provision under this Contract. The Customer is notified that the provided bonus materials may be used only for personal needs for the purposes of receiving services under this Contract. The Customer is not entitled to transfer the provided materials to third parties, as well as to use them for commercial purposes, including in their own entrepreneurial activities.
4.11. Procedure for providing the service in the form of granting access to Information Materials:
4.11.1. The service in the form of granting access to Information materials consists of granting the Customer access to Video lessons, methodological materials, audio recordings and other Information materials размещенные on the Platform.
4.12. Procedure for providing the service in the form of providing Feedback
4.12.1. Feedback may be provided on the Platform, in the general Customer chat or in an individual chat with the Contractor in the Telegram messenger, as well as during Webinars.
4.12.2. Feedback may also be provided from Monday to Friday from 10:00 to 18:00 Moscow time within 3 (three) working days from the moment the Customer publishes a request or completed assignment.
4.12.3. The form of выполнения assignments by the Customer is established by the Contractor
4.12.4. In the event that the Customer does not send questions, does not publish completed assignments or requests in the channels defined by the Contractor during the provision of services, the Contractor shall not be liable for failure to provide Feedback. The service is considered provided upon expiration of the service provision period; funds are non-refundable.
4.12.5. Feedback is provided only for the period of service provision.
4.13. Procedure for providing the consultation service in the form of online Webinars, online consultations:
4.13.1. The date, time, method, place, duration of the Webinar, online consultations are determined by the Contractor at their discretion.
4.14. Procedure for providing the service with respect to Products for self-study
4.14.1. With respect to Products for self-study purchased by the Customer during sales on the Website https://grafix-school.com/closing_sale, access to Information materials is granted at once, in full, immediately after payment.
4.14.2. All modules and Information materials for such Products become available to the Customer одновременно through the Platform Personal account.
4.14.3. The subject of the service for such Products is the granting of access to Information materials. The service is considered provided in full at the moment the Customer is granted access to the Information materials.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES.
5.1. The Customer has the right:
5.1.1. To receive the services chosen and paid for by the Customer in accordance with the terms of the Contract.
5.1.2. To make decisions regarding the necessity of performing certain actions recommended by the Contractor within the scope of service provision under the Contract.
5.1.3. To exercise other rights provided for by the Contract.
5.2. The Customer shall not have the right:
5.2.1. To circumvent technical limitations established on the Platform and on the Contractor’s Website.
5.2.2. To create copies of the Contractor’s Information materials and other objects of its Intellectual property (including copying the project name specified in the Telegram chatbot, on the Website or on the Platform), any materials to which the Customer gains access in connection with performance of the Contract, as well as to copy their внешний appearance (design).
5.2.3. To record, disseminate (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer under this contract, create information and other products based on it for the purpose of извлечение commercial profit, as well as use such information in any other way except for personal use.
5.2.4. To provide the Customer’s authentication data for access by third parties to information materials, the Customer’s Personal account on the Platform, and also not to provide access to information materials to third parties by other means (including not to disclose, not to disseminate information materials or other materials to which the Customer gains access) without the Contractor’s прямого written consent for such access.
5.2.5. To create derivative and similar projects or courses, disseminate, transfer to third parties or otherwise use partially or fully the materials and content of information materials.
5.2.6. To sell, assign the right of claim against the Contractor.
5.3. The Customer shall:
5.3.1. To follow the schedule of service provision and comply with the Contractor’s recommendations
5.3.2. To receive the service personally.
5.3.3. To timely provide a report on completion of assignments in full and in the form established by the Contractor.
5.3.4. To communicate with the Contractor and other persons during performance of the Contract while complying with the Communication Rules, namely generally accepted norms of behavior both during registration and during Webinars, not to cause inconvenience to other Customers by their actions, treat the Contractor and other Customers with respect, and also not to interfere with the process of reviewing the provided information, communication of the Contractor and co-contractors engaged by them with Customers of the services. To comply with the rules established for communication in the Contractor’s chats in messengers, on the Platform (Appendix No.2 to this Contract). In case of violation of the terms of this clause, the Contractor reserves the right to suspend the provision of services and exclude the Customer from chats used for service provision, while the funds paid by the Customer are not refunded and are considered a penalty payable to the Contractor in connection with the Customer’s violation of their obligations.
5.3.5. To contact Support Service by sending an email to: hello@grafix-school.com if there are questions related to information about the services provided under the Contract. The absence of the Customer’s обращения indicates that the Customer has familiarized themselves with the necessary and sufficient information about the services provided under the Contract.
5.3.6. To immediately notify the Contractor of changes in their personal and contact data in writing via the contact e-mail: hello@grafix-school.com.
5.3.7. To independently ensure the availability of equipment with the minimum technical characteristics specified in Clause 4.1 of the Contract, configure software, hardware and Internet channel of their personal computer or mobile device so as to be able to use without hindrance all services used during service provision.
5.3.8. To ensure uninterrupted operation of the Internet channel, equipment and software on their part so as to be able to use without hindrance all services used during service provision.
5.3.9. From the moment of acceptance of the Offer, to check daily the email specified when paying for the Product, including the “Spam” folder, messages in Telegram and Whatsapp for receiving messages from the Contractor. If a message sent by the Contractor ends up in the “Spam” folder, it is considered received by the Customer regardless of whether the Customer has read it.
5.3.10. To refrain from recording, streaming webinars, text materials, audio recordings and their dissemination (including posting on the Internet, including for a fee, for transfer into collective/shared ownership), as well as from retransmission (including paid) of the Product to persons who have not entered into a service contract with the Contractor.
5.4. The Customer guarantees:
5.4.1. Providing the Contractor with complete and accurate data when filling out the registration form in the payment service. In the event that the Customer provides inaccurate or incomplete data, the Contractor is not liable to the Customer for providing any information to the incorrectly specified data.
5.4.2. The software and equipment used by them for receiving services meet the technical requirements specified in Clause 4.1. of the Contract and imposed by the Platform.
5.4.3. By posting in chats or other services used in providing information and consulting services texts, photos, reviews and other content, the Customer grants the Contractor non-exclusive rights to such content for public display, modification, reproduction, making available to the public without limitation of territory and срок, without payment of remuneration. The Customer’s content will be available for viewing by the Customer and other Product customers.
5.5. The Customer shall:
5.5.1. Accept and pay for the services provided by the Contractor in a timely manner and in full.
5.5.2. Fulfill other obligations assumed under the Contract.
5.5.3. Not allow aggressive behavior during service provision, not interfere with the Contractor’s representative or other customers during provision/receipt of the Services, not allow statements (oral, written) unrelated to the topic of the event.
5.6. The Customer guarantees:
5.6.1. On the Customer’s part, acceptance of the Offer is made by an authorized representative of the Customer. In case the Contractor requests confirmation of the Customer’s authority, the Customer shall within two days send copies of supporting documents to the Contractor’s email address.
5.7. The Contractor has the right:
5.7.1. Not to commence provision of services or to suspend provision of services to the Customer until the relevant violation is remedied on any of the following grounds:
5.7.1.1. violation by the Customer of the сроки and other payment terms for services under the Contract;
5.7.1.2. provision by the Customer of inaccurate information about themselves.
5.7.2. In case of detecting suspicious or unfair behavior that gives the Contractor reasonable grounds to suspect a breach of Clause 5.2.4 of the Contract, the Contractor has the right to restrict access to the Product (including removal from group chats and/or blocking access on the Platform) until the Customer provides evidence confirming compliance. Refunds in such case are not made and the paid amount may be retained as a contractual penalty, to the extent permitted by applicable law.
Unfair behavior may include, for example, repeated logins to the Customer’s account from multiple devices and/or multiple significantly different geographic locations within a short period of time.
5.7.3. To make changes to the schedule and description of services due to objective necessity (in particular, the emergence of new technological approaches, etc.).
5.7.4. To exercise other rights provided by law and the Contract.
5.8. The Contractor shall:
5.8.1. Provide the services paid for by the Customer properly and in full in accordance with the terms of the Contract.
5.9. The Contractor does not guarantee that the Information materials and services will meet the Customer’s expectations. Such non-compliance with expectations and/or negative subjective assessment are not grounds to consider the services provided of poor quality or not in the agreed scope.
6. CONTRACTOR’S REMUNERATION.
6.1. The cost of services provided under this Contract is formed according to the established Tariffs available for review on the Contractor’s Website.
6.2. Unless expressly stated otherwise, the prices indicated by the Contractor are final prices. The Contractor applies tax rules in accordance with applicable laws of the Republic of Poland.
6.3. Payment for services may be made in one of the following ways at the Customer’s choice:
6.3.1. in the form of 100% one-time payment of the cost of the service prior to the start of service provision;
6.3.2. by payment of the cost of the service in installments (if possible) through lending by credit institutions, if specified in the payment service. Installments through lending are provided to the Customer on the terms established by the credit institution providing the loan, while the Contractor is not liable for possible additional expenses of the Customer, including payment of interest under the loan agreement.
6.3.3. by advance payment in an amount agreed by the Parties with subsequent payment of the remaining cost prior to the start of service provision (if possible).
6.3.4. by payment of the cost of the Tariff chosen by the Customer in installments provided by the Contractor (if possible). The term, procedure and amounts of installments are agreed by the Parties in an additional agreement.
6.4. The момент of payment for services is the moment funds are credited to the Contractor’s settlement account.
6.5. Payment is made in EUR or PLN (depending on the currency available in the payment service and indicated at checkout).
6.6. The Contractor вправе set various discounts on the cost of the provided services and special offers that are valid for a limited time. In this case, the Customer agrees with the terms of special offers by expressing their acceptance by paying for the chosen Product at a special price (with a discount). Information about discounts, special offers and their validity period is posted by the Contractor on the Website, in social networks and Telegram channels of the Contractor.
6.7. In case the discount or special offer period ends, the Customer shall not have the right to demand that the Contractor enter into a contract with them on special terms. The cost of the Services is determined on the date of their payment by the Customer prior to the start of service provision. In case the Customer did not take advantage of the discount or special offer and предъявил claims for reimbursement of the price difference, the Contractor does not satisfy such claim because the Customer’s actions at the moment of paying for services during the period of the discount or special offer do not depend on the Contractor.
6.8. The Customer is informed that funds are non-refundable in the following cases:
non-compliance of information materials and services with the Customer’s subjective expectations and perceptions.
payment for services and non-use by the Customer in the absence of circumstances preventing full use.
occurrence of other circumstances arising through the fault of the Customer, including actions committed intentionally and/or negligently.
6.9. The cost of the provided services (for the purpose of calculating any refundable amount in case of early termination) is calculated proportionally to the number of completed lessons and conducted Webinars out of the total number of lessons and Webinars available within the purchased Product on the Platform.
If a separate introductory lesson is included, its value is specified at checkout or in the tariff description on the Website. The value of each subsequent module is calculated proportionally based on the remaining price of the course divided by the number of modules.
6.10. With respect to Products for self-study purchased by the Customer during sales, the subject of the service is granting access to Information materials. The service is considered provided in full at the moment access is granted in accordance with Clause 4.14 of this Offer. The cost of the provided service is 100% of the Product cost. Refunds after granting access are not made.
COPYRIGHT AND RELATED RIGHTS TO THE RESULTS OF INTELLECTUAL ACTIVITY
7.1. The Product with audiovisual works included in it is recognized as the result of the Contractor’s intellectual activity (hereinafter the Work). The Contractor is also the Author of the Product. Copyright, related rights and exclusive rights belong to the Contractor.
7.2. Assignment of the exclusive right to the Work under this Contract is not carried out.
7.3. Under this Contract, the Contractor grants the Customer the right to use the created intellectual property objects (in full or in part) solely for the purpose of obtaining personal knowledge and skills. The Customer is not entitled to use the materials received from the Contractor for commercial purposes, transfer, sell to third parties or reproduce the materials received from the Contractor.
7.4. The Customer undertakes to compensate the Contractor in full for any losses that may arise for the Contractor in connection with non-performance or improper performance of this section of the Contract.
7.5. Use by the Customer of elements of the Work in various publications, photographs and similar tangible materials prepared by the Customer or a third party under a contract with the Customer for any purposes may be permitted only provided that the Contractor is indicated as the author of the relevant intellectual property objects and the content of the publications is предварительно agreed with the Contractor.
7.6. The Parties agree that all remuneration for granting the Customer the rights to use the results of the Services provided for in this section of the Contract has been taken into account in forming the Contract price.
8. COPYRIGHT AND RELATED RIGHTS TO THE RESULTS OF TRAINING PROJECTS
8.1. All projects created within the educational programs of the Contractor (hereinafter the Projects) are recognized as the result of joint intellectual activity of the Customer and the Contractor.
8.2. The Contractor acquires the rights to use the Projects under a non-exclusive license, as well as the rights to those elements that were created by the school’s employees (curators) in the performance of their труд obligations.
8.3. The Contractor has the right to publish, edit, adapt and display the Projects on its resources (including the website, social networks, partner platforms and contest площадки) without separate approval from the Customer.
8.4. The Customer retains authorship of their ideas and has the right to use the project in their personal portfolio indicating participation of Grafix School and the curator.
8.5. Transfer of the Customer’s property rights is not carried out; the Contractor receives a limited right to use the materials for training, demonstration of results and promotion of educational programs.
9. LIABILITY
9.1. For non-performance or improper performance of obligations under this Contract, the Parties bear liability in the manner provided by applicable laws of the Republic of Poland and European Union law.
9.2. The Contractor shall not be liable for impossibility to provide the services to the Customer for reasons related to disruption of the Internet channel, equipment or software on the Customer’s side, non-compliance of the Customer’s equipment with the minimum technical characteristics specified in Clause 4.1 of the Contract, as well as for any other reasons preventing receipt of services arising through the fault of the Customer.
9.3. The Contractor shall not be liable for consequences related to the Customer providing documents that do not correspond to reality.
9.4. The Contractor shall not be liable for information posted by the Customer on their social media accounts.
9.5. The Contractor shall not be liable for the Customer losing the ability to access their Personal account on the Platform.
9.6. The Customer bears all liability for unlawful use of information to which the Customer gains access in connection with performance of the Contract.
9.7. In case of violation of Clause 5.2.4 or proven unauthorized access by third parties through the Customer’s fault, as well as in case of copyright infringement, the Contractor may claim compensation for damages and/or apply contractual penalties as specified in this Contract, to the extent permitted by applicable law.
9.8. The Contractor shall not be liable for actions of banks and electronic payment systems ensuring payments and refunds when entering into, performing and terminating the Contract.
9.9. The Contractor’s liability in any case is limited to the amount of the Contractor’s remuneration received under the Contract.
9.10 In case the Customer violates the procedure for paying for the provided services, provision of services is terminated; funds paid by the Customer are non-refundable and are retained by the Contractor as a penalty for failure to perform the obligation assumed by the Customer.
9.11 Blocking or restriction of access to online services by competent state authorities, changes in legal regulation, or other events beyond the reasonable control of the Parties may constitute force majeure, provided that such events directly prevent performance of obligations under this Contract.
9.12 Upon occurrence and cessation of the circumstances specified in Clause 9.11 of the Contract, the Party to the Contract for whom it has become impossible to perform its obligations under the Contract must immediately notify the other Party of this in writing.
9.13 In the event that the force majeure continues for more than two consecutive months, the Parties conduct negotiations to identify acceptable alternative ways to perform the Contract and to reach the relevant agreement.
9.14 The Contractor shall not be liable for the fact of the Customer transmitting information via unsecured data transmission channels on the Internet and for the safety of information during its transmission.
9.15 The Contractor shall not be liable for direct and/or indirect damage caused to the Customer, and shall not compensate the Customer for losses (including lost profits) incurred by the Customer as a result of inadequate quality of public communication channels, traffic exchange policy between providers, normal functioning of the Internet, its parts, or for the quality of communication lines, their availability to the Customer.
10. TERMS OF CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
10.1. The Contractor collects, stores and processes the Customer’s personal data in accordance with the Privacy Policy (Policy regarding the processing and protection of personal data) published on the Website and/or made available in the payment service prior to payment, and in accordance with GDPR and applicable Polish law.
10.2. The Customer undertakes, prior to accepting the Offer, to independently review the terms of the Policy regarding the processing of personal data.
11. DISPUTE RESOLUTION PROCEDURE
11.1. The Parties are obliged to comply with the claim procedure for dispute resolution.
If the Customer has claims against the Contractor regarding the quality of services provided under this Contract, the Customer sends the Contractor a reasoned claim letter to: hello@grafix-school.com.
If the Contractor has claims against the Customer regarding the consumption of services under this Contract, the Contractor sends the Customer a reasoned claim letter to the email address specified by the Customer when paying for the Product.
11.2. The period for consideration of a claim is 10 (ten) calendar days from the moment the claim is received, unless a different pre-trial settlement procedure is established by the current legislation.
11.3. If the disputed issues are not settled during negotiations, disputes arising from this Contract shall be resolved by the competent courts of the Republic of Poland, unless mandatory provisions of law provide otherwise.
12. TERM, AMENDMENT AND TERMINATION OF THE CONTRACT.
12.1. The Contractor reserves the right to amend or supplement any of the terms of the Contract at any time by publishing all changes on the Website. If the published changes are unacceptable to the Customer, then within 5 (five) calendar days from the moment of publication of the changes the Customer must notify the Contractor of this in writing. If no notice is received, it is considered that the Customer continues to participate in contractual relations on the new terms.
12.2. The Parties may terminate the Contract by mutual consent at any time prior to its actual performance.
12.3.The Parties agree that in case of early termination of the Contract at the initiative of the Customer, the Customer shall send a notice of withdrawal / termination to the Contractor’s email address: hello@grafix-school.com, in the form set out in Appendix No. 1 (if applicable).
12.4. The Customer is entitled to a refund of funds paid as remuneration to the Contractor minus the cost of the provided and accepted Services in accordance with the terms of the Contract, as well as minus the actually incurred expenses of the Contractor.
12.5. The amount of actually incurred expenses includes commissions and interest of banks, credit organizations and relevant payment systems for crediting and refunding funds, and other similar expenses not included in the cost price of services. The specific amount of actual expenses is determined by the Contractor independently.
12.6. The calculation of the refund amount is carried out by the Contractor within 10 calendar days from the moment a fully completed application of the установленного form is received at the email address specified in Clause 12.3 of the Contract.
12.7. Funds subject to refund to the Customer are transferred within 10 (ten) working days from the moment the Contractor receives a properly completed application of the Customer for unilateral отказ to perform the contract at the initiative of the Customer.
12.8. The Contract may be terminated at the initiative of the Contractor in the following cases:
12.8.1. violation by the Customer of Clauses 5.2., 5.3. of the Contract;
12.8.2. violation by the Customer of the сроки for payment of the Contractor’s remuneration.
13. FINAL PROVISIONS
13.1. This Offer and relations between the Contractor and the Customer shall be governed and interpreted in accordance with the laws of the Republic of Poland and applicable European Union law.
13.2. If for any reason any of the terms of this Offer are invalid or have no legal force, this does not affect the validity or applicability of the remaining terms of the Offer.
13.3. The Parties recognize the legal force of notices and messages sent to each other to the postal addresses and email addresses specified by them. In case of disagreements regarding the time of sending, receiving messages, and their content, the data obtained using the Contractor’s technical means shall be considered reliable and final for resolving disagreements between the Parties.
13.4. In the event of disputes in the part regulated by this Offer, the only correct version is recognized as the Offer available on the Contractor’s Website at the moment the dispute is considered on the merits, even if the dispute could have arisen before the current version was posted on the Website.
13.5. The Parties recognize legal force of emails – documents sent by email (e-mail) and/or via messengers, and recognize them as equivalent to documents on paper media signed with a handwritten signature, because only the Parties themselves and persons authorized by them have access to the relevant email addresses and messenger accounts specified in the Contract in the Parties’ details and constituting the electronic signature of the relevant Party. Each Party accesses email and messenger accounts by password and undertakes to keep it confidential.
14. COMPANY INFORMATION
Grafix
Online Design Learning Platform
Owner:
Alex Glushanin
Legal Form:
Sole Proprietorship
Registered Address
WeWork
Grzybowska 62
00-844 Warsaw
Poland
Business Meetings & Workshop Locations
(WeWork venues – rented spaces for meetings and events)
Germany
WeWork
Kurfürstendamm 11
10719 Berlin
E-mail:
hello@grafix-school.com
Tax Identification Number:
245209678380
1.1. This public offer to enter into a contract for the provision of paid services (hereinafter – the “Offer” or the “Contract”) constitutes an official offer of Alex Glushanin, hereinafter referred to as the “CONTRACTOR”, to any legal entity, individual, including those registered as an individual entrepreneur, hereinafter referred to as the “CUSTOMER”, to enter into a contract for the provision of paid information and consulting services.
1.2 In accordance with Article 66 and Article 66¹ of the Civil Code of the Republic of Poland (Kodeks cywilny), this document constitutes a public offer. By accepting the terms set out below and paying for the Contractor’s services, the person accepting this Offer becomes the Customer. Acceptance must be full and unconditional.
1.3. By making payment for the services, the Customer accepts the Offer, guaranteeing that they have read and accept all the terms of the Offer in the form in which they are set out in the text of this Contract, and have also familiarized themselves with the cost of the Services and the information about the service provided by the Contractor.
1.4. By accepting the Offer, the Customer confirms the legality of their actions: the existence of authority, legal capacity, having reached the age of 18, having the legal right to enter into contractual relations with the Contractor; confirms that they have read and agree with all the rules of the online service (Platform) used by the Contractor to provide services under the Contract https://getcourse.ru/, https://telegram.org/ and other online services used by the Contractor to provide services under the Contract.
1.5. The Customer is notified that the information and consulting services provided for by this Contract are divided into levels:
- The course “Graphic and Logo Design” (Level 1) is intended for beginners and does not require prior experience in graphic or web design, as well as knowledge of Adobe Illustrator software.
- The course “Brand Design” (Level 2) is intended for persons who have experience working as graphic and/or web designers and have basic knowledge of using Adobe Illustrator software.
1.6. The Contractor and the Customer provide mutual guarantees of their legal capacity and capacity to act necessary for entering into and performing this Contract for the provision of services.
1.7. The Customer guarantees that prior to accepting this Offer they have familiarized themselves with its terms, the terms of use of the services and other information related to the services provided under this Contract.
1.8. This Contract may be amended and/or supplemented by the Contractor unilaterally without any special notice. This Offer-Contract is an open and publicly available document. The current version of the Offer-Contract is available on the Internet at: https://grafix-school.com/. The Offer may be reviewed before payment for the ordered information and consulting services in the relevant payment service.
1.9. The paid services contract concluded by acceptance of this public offer does not require sealing and/or signing by the “Customer” and the “Contractor” (hereinafter – the “Parties”), while retaining full legal force.
2. DEFINITIONS AND TERMS
1.1. For the purposes of this Offer, the terms below are used in the following meaning:
Acceptance of the offer – full and unconditional acceptance of the offer by the Customer by performing actions to make an advance payment for the provision of information and consulting services.
Customer – an individual or legal entity with legal capacity and capacity to act that has joined the terms of this Offer by accepting the offer.
Contractor – Alex Glushanin.
Public offer, Contract, Offer, Offer-Contract – this electronic document “Public offer to enter into a contract for the provision of paid information and consulting services posted on the Internet at: https://grafix-school.com.
Website – the set of information, texts, graphic elements, design, graphics, images, literary works (texts), audiovisual works (photo and video materials) and other results of intellectual activity, as well as computer programs contained in an information system ensuring access to such information on the Internet at the network address with the domain name: https://grafix-school.com/, including all its sections (pages, subdomains), file structure and any other structural elements, source and object code, owned by the Contractor.
Video lesson — a thematic audiovisual work for the Customer to study remotely via the Internet. For the purposes of this Contract, a Video lesson also means a recording of a webinar.
Feedback — the Contractor’s response, consultation on the Customer’s questions on the topic of the product.
Webinar (broadcast) — a thematic presentation or consultation of the Contractor conducted online simultaneously for several Customers or individually for the Customer, if provided by the Service Package. The Customer may listen to and/or view such presentation both in real time and by viewing the recording of the webinar, if the Contractor records it.
Module – a section of the Contractor’s informational Product corresponding to a specific topic and including: informational video recordings, assignments, handout materials, review of questions on assignments, webinars (the duration and number of which are determined by the Contractor).
Platform — an automated system for reviewing the Contractor’s informational materials in interactive mode (electronic information and educational environment) located at: https://getcourse.ru/, used by the Contractor to provide services under the Contract, the exclusive rights to which belong to a third party.
Personal account — the Customer’s personal page on the Platform containing information about the Customer and the functionality of which provides them access to the Contractor’s Product.
Information materials – objects of the Contractor’s intellectual property in the form of audiovisual works, audio recordings, texts, images, drawings, photographs, charts, video, programs, sounds, user interfaces, etc., which constitute the content of the Contractor’s informational product.
Product — a combination of a certain list of paid and free services provided together with the main service, supplementing and improving the product.
Services – information and consulting services provided by the Contractor to the Customer in a remote format via online consultations, exchange of materials, written and oral (voice) interaction in the scope purchased by the Customer from the Contractor.
Gift (bonus) materials – free services provided by the Contractor or co-contractors engaged by them that improve the product, such as: broadcasts with invited speakers, access to chatbots, closed channels or analytics services, useful links, collections of websites with mockups, fonts, palettes, photographs, websites with vacancies, guides, templates and other materials and services.
Service Package — a combination of a certain list of paid and free services provided together with the main information and consulting service, supplementing and improving the Product. Approved Service Packages are published on the Website in the “Tariffs” section.
Tariff — the cost of the relevant Service Package established by the Contractor.
Telegram – a cross-platform messenger for smartphones enabling exchange of messages and media files of various formats.
2.2. Each term defined in this section of the Offer retains its meaning regardless of where it appears in this Offer. In this Offer, words denoting the singular include the plural and vice versa.
2.3. This document may use terms not defined in Section 2 of the Offer. In such case, interpretation of such term is made in accordance with the text of this document. In the absence of an unambiguous interpretation, the interpretation shall be guided first by applicable laws of the Republic of Poland and European Union law (including GDPR), and second by commonly used meanings in online practice.
2.4. By accepting this offer, the Customer agrees that the following documents are integral parts of this Contract, the terms of which apply to the provision of information services by the Contractor to the extent not contradicting this Contract:
“Policy regarding the processing and protection of personal data”, posted at: https://grafix-school.com/privacy_policy_eng.
2.5. In this document, the time zone Europe/Warsaw (CET/CEST) is used when indicating time.
3. SUBJECT OF THE CONTRACT
3.1. The subject of this Offer-Contract is the paid provision by the Contractor of a set of information and consulting services (hereinafter – the “Services”) in a remote format, and the Customer undertakes to accept and pay for these Services in accordance with the terms of this Contract. The Services may be provided in the following format:
- providing access to Information materials;
- consultations in the form of live broadcasts (webinar), as well as in the form of webinar recordings;
- in the form of Feedback in the form of correspondence in the Telegram messenger.
- Additionally, at the Contractor’s discretion, free gift materials and access services may be included.
3.3. The Services are provided during the service provision period stated on the Website and on the Platform.
3.4. The Contractor may engage third parties to provide the Services. In this case, the Contractor is responsible to the Customer for the actions of third parties.
4. PROCEDURE FOR PROVIDING SERVICES
4.1. Prior to the start of the provision of services, the Customer must ensure that their PC meets the following minimum technical requirements:
- Intel Core 10th or 11th generation, dual-core processor with a clock speed from 2 GHz. But it is better to choose a processor that has from 4 to 8 cores with a clock speed from 3.6 GHz;
- the video card must have been released in 2017. With a capacity from 2 to 8 GB (GeForce RTX is recommended);
- RAM at least 8 GB;
- SSD — a guarantee of fast operation. It surpasses HDD in speed and reliability;
- color accuracy. It is better to choose an IPS matrix;
- monitor with a resolution of at least 1920×1080;
- the following software installed on the PC (full versions): Adobe Illustrator, Adobe Indesign, Adobe Photoshop.
- The Customer independently and at their own expense ensures that their computer equipment meets the listed technical characteristics. The Customer is notified that the absence of the above software or technical characteristics of the equipment will make it difficult or impossible to provide the ordered information and consulting services. At the same time, the Contractor shall not be liable
4.3. When placing an order, the Customer may уточнить information about the Services at:
hello@grafix-school.com. Anonymous requests to the Contractor with an offer to provide the Services or other demands are not processed.
4.4. After payment for the Services, an email confirmation is sent to the Customer’s email specified in the order with authentication data (login and password), as well as a hyperlink to the Personal account that allows the Customer to перейти and register on the Platform.
4.5. Access to the Information materials is provided in stages in accordance with the established schedule (plan) of service provision, starting from the start date announced on the Website.
4.6. From the moment of filling in the data in the application and performing the actions provided for in Clauses 4.2-4.4. of the Contract, the person is considered identified by the Contractor as the Customer.
4.7. The Services may be provided simultaneously to several Customers. The Customer understands this and agrees to this condition.
4.8. To receive the Services, the Customer must authorize in the Platform personal account using the personal login and password that are sent to them to the email specified when placing the order on the Website.
4.9. The provision of the Services takes place without direct interaction between the Contractor and the Customer on the premises.
4.10. Gift (free) services and materials:
4.10.1. Gift materials and additional services are not included in the cost of the Services and are provided by the Contractor free of charge. The composition of free services and their format may be changed by the Contractor at any time; provision of part or all free services may be discontinued at any time. The provision of free services by the Contractor is not guaranteed. In case of early termination of this Contract, the Contractor вправе refuse to provide the Customer with all free services announced in the Tariff.
4.10.2. After the expiration of the service provision period, the Contractor may provide the Customer, free of charge, a License (non-exclusive) in the form of access to information materials in the scope and for the period at the Contractor’s discretion.
4.10.3. As free additional services, the Contractor may предусмотреть the possibility of консультации (in the format of a Webinar, online broadcast, chat correspondence) with invited experts and specialists, the Contractor’s feedback in the chat for the period established by the Contractor.
4.10.4. The Contractor provides the Customer, free of charge, the possibility to use literature, a collection of fonts and sets of mockups (templates). The Contractor independently determines the composition, quantity, types and categories of the provided materials. The period of free use of such materials may be limited to the period of service provision under this Contract. The Customer is notified that the provided bonus materials may be used only for personal needs for the purposes of receiving services under this Contract. The Customer is not entitled to transfer the provided materials to third parties, as well as to use them for commercial purposes, including in their own entrepreneurial activities.
4.11. Procedure for providing the service in the form of granting access to Information Materials:
4.11.1. The service in the form of granting access to Information materials consists of granting the Customer access to Video lessons, methodological materials, audio recordings and other Information materials размещенные on the Platform.
4.12. Procedure for providing the service in the form of providing Feedback
4.12.1. Feedback may be provided on the Platform, in the general Customer chat or in an individual chat with the Contractor in the Telegram messenger, as well as during Webinars.
4.12.2. Feedback may also be provided from Monday to Friday from 10:00 to 18:00 Moscow time within 3 (three) working days from the moment the Customer publishes a request or completed assignment.
4.12.3. The form of выполнения assignments by the Customer is established by the Contractor
4.12.4. In the event that the Customer does not send questions, does not publish completed assignments or requests in the channels defined by the Contractor during the provision of services, the Contractor shall not be liable for failure to provide Feedback. The service is considered provided upon expiration of the service provision period; funds are non-refundable.
4.12.5. Feedback is provided only for the period of service provision.
4.13. Procedure for providing the consultation service in the form of online Webinars, online consultations:
4.13.1. The date, time, method, place, duration of the Webinar, online consultations are determined by the Contractor at their discretion.
4.14. Procedure for providing the service with respect to Products for self-study
4.14.1. With respect to Products for self-study purchased by the Customer during sales on the Website https://grafix-school.com/closing_sale, access to Information materials is granted at once, in full, immediately after payment.
4.14.2. All modules and Information materials for such Products become available to the Customer одновременно through the Platform Personal account.
4.14.3. The subject of the service for such Products is the granting of access to Information materials. The service is considered provided in full at the moment the Customer is granted access to the Information materials.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES.
5.1. The Customer has the right:
5.1.1. To receive the services chosen and paid for by the Customer in accordance with the terms of the Contract.
5.1.2. To make decisions regarding the necessity of performing certain actions recommended by the Contractor within the scope of service provision under the Contract.
5.1.3. To exercise other rights provided for by the Contract.
5.2. The Customer shall not have the right:
5.2.1. To circumvent technical limitations established on the Platform and on the Contractor’s Website.
5.2.2. To create copies of the Contractor’s Information materials and other objects of its Intellectual property (including copying the project name specified in the Telegram chatbot, on the Website or on the Platform), any materials to which the Customer gains access in connection with performance of the Contract, as well as to copy their внешний appearance (design).
5.2.3. To record, disseminate (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer under this contract, create information and other products based on it for the purpose of извлечение commercial profit, as well as use such information in any other way except for personal use.
5.2.4. To provide the Customer’s authentication data for access by third parties to information materials, the Customer’s Personal account on the Platform, and also not to provide access to information materials to third parties by other means (including not to disclose, not to disseminate information materials or other materials to which the Customer gains access) without the Contractor’s прямого written consent for such access.
5.2.5. To create derivative and similar projects or courses, disseminate, transfer to third parties or otherwise use partially or fully the materials and content of information materials.
5.2.6. To sell, assign the right of claim against the Contractor.
5.3. The Customer shall:
5.3.1. To follow the schedule of service provision and comply with the Contractor’s recommendations
5.3.2. To receive the service personally.
5.3.3. To timely provide a report on completion of assignments in full and in the form established by the Contractor.
5.3.4. To communicate with the Contractor and other persons during performance of the Contract while complying with the Communication Rules, namely generally accepted norms of behavior both during registration and during Webinars, not to cause inconvenience to other Customers by their actions, treat the Contractor and other Customers with respect, and also not to interfere with the process of reviewing the provided information, communication of the Contractor and co-contractors engaged by them with Customers of the services. To comply with the rules established for communication in the Contractor’s chats in messengers, on the Platform (Appendix No.2 to this Contract). In case of violation of the terms of this clause, the Contractor reserves the right to suspend the provision of services and exclude the Customer from chats used for service provision, while the funds paid by the Customer are not refunded and are considered a penalty payable to the Contractor in connection with the Customer’s violation of their obligations.
5.3.5. To contact Support Service by sending an email to: hello@grafix-school.com if there are questions related to information about the services provided under the Contract. The absence of the Customer’s обращения indicates that the Customer has familiarized themselves with the necessary and sufficient information about the services provided under the Contract.
5.3.6. To immediately notify the Contractor of changes in their personal and contact data in writing via the contact e-mail: hello@grafix-school.com.
5.3.7. To independently ensure the availability of equipment with the minimum technical characteristics specified in Clause 4.1 of the Contract, configure software, hardware and Internet channel of their personal computer or mobile device so as to be able to use without hindrance all services used during service provision.
5.3.8. To ensure uninterrupted operation of the Internet channel, equipment and software on their part so as to be able to use without hindrance all services used during service provision.
5.3.9. From the moment of acceptance of the Offer, to check daily the email specified when paying for the Product, including the “Spam” folder, messages in Telegram and Whatsapp for receiving messages from the Contractor. If a message sent by the Contractor ends up in the “Spam” folder, it is considered received by the Customer regardless of whether the Customer has read it.
5.3.10. To refrain from recording, streaming webinars, text materials, audio recordings and their dissemination (including posting on the Internet, including for a fee, for transfer into collective/shared ownership), as well as from retransmission (including paid) of the Product to persons who have not entered into a service contract with the Contractor.
5.4. The Customer guarantees:
5.4.1. Providing the Contractor with complete and accurate data when filling out the registration form in the payment service. In the event that the Customer provides inaccurate or incomplete data, the Contractor is not liable to the Customer for providing any information to the incorrectly specified data.
5.4.2. The software and equipment used by them for receiving services meet the technical requirements specified in Clause 4.1. of the Contract and imposed by the Platform.
5.4.3. By posting in chats or other services used in providing information and consulting services texts, photos, reviews and other content, the Customer grants the Contractor non-exclusive rights to such content for public display, modification, reproduction, making available to the public without limitation of territory and срок, without payment of remuneration. The Customer’s content will be available for viewing by the Customer and other Product customers.
5.5. The Customer shall:
5.5.1. Accept and pay for the services provided by the Contractor in a timely manner and in full.
5.5.2. Fulfill other obligations assumed under the Contract.
5.5.3. Not allow aggressive behavior during service provision, not interfere with the Contractor’s representative or other customers during provision/receipt of the Services, not allow statements (oral, written) unrelated to the topic of the event.
5.6. The Customer guarantees:
5.6.1. On the Customer’s part, acceptance of the Offer is made by an authorized representative of the Customer. In case the Contractor requests confirmation of the Customer’s authority, the Customer shall within two days send copies of supporting documents to the Contractor’s email address.
5.7. The Contractor has the right:
5.7.1. Not to commence provision of services or to suspend provision of services to the Customer until the relevant violation is remedied on any of the following grounds:
5.7.1.1. violation by the Customer of the сроки and other payment terms for services under the Contract;
5.7.1.2. provision by the Customer of inaccurate information about themselves.
5.7.2. In case of detecting suspicious or unfair behavior that gives the Contractor reasonable grounds to suspect a breach of Clause 5.2.4 of the Contract, the Contractor has the right to restrict access to the Product (including removal from group chats and/or blocking access on the Platform) until the Customer provides evidence confirming compliance. Refunds in such case are not made and the paid amount may be retained as a contractual penalty, to the extent permitted by applicable law.
Unfair behavior may include, for example, repeated logins to the Customer’s account from multiple devices and/or multiple significantly different geographic locations within a short period of time.
5.7.3. To make changes to the schedule and description of services due to objective necessity (in particular, the emergence of new technological approaches, etc.).
5.7.4. To exercise other rights provided by law and the Contract.
5.8. The Contractor shall:
5.8.1. Provide the services paid for by the Customer properly and in full in accordance with the terms of the Contract.
5.9. The Contractor does not guarantee that the Information materials and services will meet the Customer’s expectations. Such non-compliance with expectations and/or negative subjective assessment are not grounds to consider the services provided of poor quality or not in the agreed scope.
6. CONTRACTOR’S REMUNERATION.
6.1. The cost of services provided under this Contract is formed according to the established Tariffs available for review on the Contractor’s Website.
6.2. Unless expressly stated otherwise, the prices indicated by the Contractor are final prices. The Contractor applies tax rules in accordance with applicable laws of the Republic of Poland.
6.3. Payment for services may be made in one of the following ways at the Customer’s choice:
6.3.1. in the form of 100% one-time payment of the cost of the service prior to the start of service provision;
6.3.2. by payment of the cost of the service in installments (if possible) through lending by credit institutions, if specified in the payment service. Installments through lending are provided to the Customer on the terms established by the credit institution providing the loan, while the Contractor is not liable for possible additional expenses of the Customer, including payment of interest under the loan agreement.
6.3.3. by advance payment in an amount agreed by the Parties with subsequent payment of the remaining cost prior to the start of service provision (if possible).
6.3.4. by payment of the cost of the Tariff chosen by the Customer in installments provided by the Contractor (if possible). The term, procedure and amounts of installments are agreed by the Parties in an additional agreement.
6.4. The момент of payment for services is the moment funds are credited to the Contractor’s settlement account.
6.5. Payment is made in EUR or PLN (depending on the currency available in the payment service and indicated at checkout).
6.6. The Contractor вправе set various discounts on the cost of the provided services and special offers that are valid for a limited time. In this case, the Customer agrees with the terms of special offers by expressing their acceptance by paying for the chosen Product at a special price (with a discount). Information about discounts, special offers and their validity period is posted by the Contractor on the Website, in social networks and Telegram channels of the Contractor.
6.7. In case the discount or special offer period ends, the Customer shall not have the right to demand that the Contractor enter into a contract with them on special terms. The cost of the Services is determined on the date of their payment by the Customer prior to the start of service provision. In case the Customer did not take advantage of the discount or special offer and предъявил claims for reimbursement of the price difference, the Contractor does not satisfy such claim because the Customer’s actions at the moment of paying for services during the period of the discount or special offer do not depend on the Contractor.
6.8. The Customer is informed that funds are non-refundable in the following cases:
non-compliance of information materials and services with the Customer’s subjective expectations and perceptions.
payment for services and non-use by the Customer in the absence of circumstances preventing full use.
occurrence of other circumstances arising through the fault of the Customer, including actions committed intentionally and/or negligently.
6.9. The cost of the provided services (for the purpose of calculating any refundable amount in case of early termination) is calculated proportionally to the number of completed lessons and conducted Webinars out of the total number of lessons and Webinars available within the purchased Product on the Platform.
If a separate introductory lesson is included, its value is specified at checkout or in the tariff description on the Website. The value of each subsequent module is calculated proportionally based on the remaining price of the course divided by the number of modules.
6.10. With respect to Products for self-study purchased by the Customer during sales, the subject of the service is granting access to Information materials. The service is considered provided in full at the moment access is granted in accordance with Clause 4.14 of this Offer. The cost of the provided service is 100% of the Product cost. Refunds after granting access are not made.
COPYRIGHT AND RELATED RIGHTS TO THE RESULTS OF INTELLECTUAL ACTIVITY
7.1. The Product with audiovisual works included in it is recognized as the result of the Contractor’s intellectual activity (hereinafter the Work). The Contractor is also the Author of the Product. Copyright, related rights and exclusive rights belong to the Contractor.
7.2. Assignment of the exclusive right to the Work under this Contract is not carried out.
7.3. Under this Contract, the Contractor grants the Customer the right to use the created intellectual property objects (in full or in part) solely for the purpose of obtaining personal knowledge and skills. The Customer is not entitled to use the materials received from the Contractor for commercial purposes, transfer, sell to third parties or reproduce the materials received from the Contractor.
7.4. The Customer undertakes to compensate the Contractor in full for any losses that may arise for the Contractor in connection with non-performance or improper performance of this section of the Contract.
7.5. Use by the Customer of elements of the Work in various publications, photographs and similar tangible materials prepared by the Customer or a third party under a contract with the Customer for any purposes may be permitted only provided that the Contractor is indicated as the author of the relevant intellectual property objects and the content of the publications is предварительно agreed with the Contractor.
7.6. The Parties agree that all remuneration for granting the Customer the rights to use the results of the Services provided for in this section of the Contract has been taken into account in forming the Contract price.
8. COPYRIGHT AND RELATED RIGHTS TO THE RESULTS OF TRAINING PROJECTS
8.1. All projects created within the educational programs of the Contractor (hereinafter the Projects) are recognized as the result of joint intellectual activity of the Customer and the Contractor.
8.2. The Contractor acquires the rights to use the Projects under a non-exclusive license, as well as the rights to those elements that were created by the school’s employees (curators) in the performance of their труд obligations.
8.3. The Contractor has the right to publish, edit, adapt and display the Projects on its resources (including the website, social networks, partner platforms and contest площадки) without separate approval from the Customer.
8.4. The Customer retains authorship of their ideas and has the right to use the project in their personal portfolio indicating participation of Grafix School and the curator.
8.5. Transfer of the Customer’s property rights is not carried out; the Contractor receives a limited right to use the materials for training, demonstration of results and promotion of educational programs.
9. LIABILITY
9.1. For non-performance or improper performance of obligations under this Contract, the Parties bear liability in the manner provided by applicable laws of the Republic of Poland and European Union law.
9.2. The Contractor shall not be liable for impossibility to provide the services to the Customer for reasons related to disruption of the Internet channel, equipment or software on the Customer’s side, non-compliance of the Customer’s equipment with the minimum technical characteristics specified in Clause 4.1 of the Contract, as well as for any other reasons preventing receipt of services arising through the fault of the Customer.
9.3. The Contractor shall not be liable for consequences related to the Customer providing documents that do not correspond to reality.
9.4. The Contractor shall not be liable for information posted by the Customer on their social media accounts.
9.5. The Contractor shall not be liable for the Customer losing the ability to access their Personal account on the Platform.
9.6. The Customer bears all liability for unlawful use of information to which the Customer gains access in connection with performance of the Contract.
9.7. In case of violation of Clause 5.2.4 or proven unauthorized access by third parties through the Customer’s fault, as well as in case of copyright infringement, the Contractor may claim compensation for damages and/or apply contractual penalties as specified in this Contract, to the extent permitted by applicable law.
9.8. The Contractor shall not be liable for actions of banks and electronic payment systems ensuring payments and refunds when entering into, performing and terminating the Contract.
9.9. The Contractor’s liability in any case is limited to the amount of the Contractor’s remuneration received under the Contract.
9.10 In case the Customer violates the procedure for paying for the provided services, provision of services is terminated; funds paid by the Customer are non-refundable and are retained by the Contractor as a penalty for failure to perform the obligation assumed by the Customer.
9.11 Blocking or restriction of access to online services by competent state authorities, changes in legal regulation, or other events beyond the reasonable control of the Parties may constitute force majeure, provided that such events directly prevent performance of obligations under this Contract.
9.12 Upon occurrence and cessation of the circumstances specified in Clause 9.11 of the Contract, the Party to the Contract for whom it has become impossible to perform its obligations under the Contract must immediately notify the other Party of this in writing.
9.13 In the event that the force majeure continues for more than two consecutive months, the Parties conduct negotiations to identify acceptable alternative ways to perform the Contract and to reach the relevant agreement.
9.14 The Contractor shall not be liable for the fact of the Customer transmitting information via unsecured data transmission channels on the Internet and for the safety of information during its transmission.
9.15 The Contractor shall not be liable for direct and/or indirect damage caused to the Customer, and shall not compensate the Customer for losses (including lost profits) incurred by the Customer as a result of inadequate quality of public communication channels, traffic exchange policy between providers, normal functioning of the Internet, its parts, or for the quality of communication lines, their availability to the Customer.
10. TERMS OF CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
10.1. The Contractor collects, stores and processes the Customer’s personal data in accordance with the Privacy Policy (Policy regarding the processing and protection of personal data) published on the Website and/or made available in the payment service prior to payment, and in accordance with GDPR and applicable Polish law.
10.2. The Customer undertakes, prior to accepting the Offer, to independently review the terms of the Policy regarding the processing of personal data.
11. DISPUTE RESOLUTION PROCEDURE
11.1. The Parties are obliged to comply with the claim procedure for dispute resolution.
If the Customer has claims against the Contractor regarding the quality of services provided under this Contract, the Customer sends the Contractor a reasoned claim letter to: hello@grafix-school.com.
If the Contractor has claims against the Customer regarding the consumption of services under this Contract, the Contractor sends the Customer a reasoned claim letter to the email address specified by the Customer when paying for the Product.
11.2. The period for consideration of a claim is 10 (ten) calendar days from the moment the claim is received, unless a different pre-trial settlement procedure is established by the current legislation.
11.3. If the disputed issues are not settled during negotiations, disputes arising from this Contract shall be resolved by the competent courts of the Republic of Poland, unless mandatory provisions of law provide otherwise.
12. TERM, AMENDMENT AND TERMINATION OF THE CONTRACT.
12.1. The Contractor reserves the right to amend or supplement any of the terms of the Contract at any time by publishing all changes on the Website. If the published changes are unacceptable to the Customer, then within 5 (five) calendar days from the moment of publication of the changes the Customer must notify the Contractor of this in writing. If no notice is received, it is considered that the Customer continues to participate in contractual relations on the new terms.
12.2. The Parties may terminate the Contract by mutual consent at any time prior to its actual performance.
12.3.The Parties agree that in case of early termination of the Contract at the initiative of the Customer, the Customer shall send a notice of withdrawal / termination to the Contractor’s email address: hello@grafix-school.com, in the form set out in Appendix No. 1 (if applicable).
12.4. The Customer is entitled to a refund of funds paid as remuneration to the Contractor minus the cost of the provided and accepted Services in accordance with the terms of the Contract, as well as minus the actually incurred expenses of the Contractor.
12.5. The amount of actually incurred expenses includes commissions and interest of banks, credit organizations and relevant payment systems for crediting and refunding funds, and other similar expenses not included in the cost price of services. The specific amount of actual expenses is determined by the Contractor independently.
12.6. The calculation of the refund amount is carried out by the Contractor within 10 calendar days from the moment a fully completed application of the установленного form is received at the email address specified in Clause 12.3 of the Contract.
12.7. Funds subject to refund to the Customer are transferred within 10 (ten) working days from the moment the Contractor receives a properly completed application of the Customer for unilateral отказ to perform the contract at the initiative of the Customer.
12.8. The Contract may be terminated at the initiative of the Contractor in the following cases:
12.8.1. violation by the Customer of Clauses 5.2., 5.3. of the Contract;
12.8.2. violation by the Customer of the сроки for payment of the Contractor’s remuneration.
13. FINAL PROVISIONS
13.1. This Offer and relations between the Contractor and the Customer shall be governed and interpreted in accordance with the laws of the Republic of Poland and applicable European Union law.
13.2. If for any reason any of the terms of this Offer are invalid or have no legal force, this does not affect the validity or applicability of the remaining terms of the Offer.
13.3. The Parties recognize the legal force of notices and messages sent to each other to the postal addresses and email addresses specified by them. In case of disagreements regarding the time of sending, receiving messages, and their content, the data obtained using the Contractor’s technical means shall be considered reliable and final for resolving disagreements between the Parties.
13.4. In the event of disputes in the part regulated by this Offer, the only correct version is recognized as the Offer available on the Contractor’s Website at the moment the dispute is considered on the merits, even if the dispute could have arisen before the current version was posted on the Website.
13.5. The Parties recognize legal force of emails – documents sent by email (e-mail) and/or via messengers, and recognize them as equivalent to documents on paper media signed with a handwritten signature, because only the Parties themselves and persons authorized by them have access to the relevant email addresses and messenger accounts specified in the Contract in the Parties’ details and constituting the electronic signature of the relevant Party. Each Party accesses email and messenger accounts by password and undertakes to keep it confidential.
14. COMPANY INFORMATION
Grafix
Online Design Learning Platform
Owner:
Alex Glushanin
Legal Form:
Sole Proprietorship
Registered Address
WeWork
Grzybowska 62
00-844 Warsaw
Poland
Business Meetings & Workshop Locations
(WeWork venues – rented spaces for meetings and events)
Germany
WeWork
Kurfürstendamm 11
10719 Berlin
E-mail:
hello@grafix-school.com
Tax Identification Number:
245209678380
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