This Public Offer Agreement (hereinafter referred to as the "Agreement") determines the procedure for rendering services, as well as mutual rights and obligations and the relationship between the Limited Liability Company "MYUNIVER", hereinafter referred to as the "Contractor", represented by the Director N. Nurmammedov acting by virtue of the Articles of Association, and an individual/entity which is the customer ordering services on myuniver.org, hereinafter referred to as the "Customer", who accepted the public offer for entering into this Agreement (hereinafter - the Parties).
TERMS AND DEFINITIONS
For the purposes of this offer, the terms given below shall have the following meanings:
Contractor - Limited Liability Company "MYUNIVER" providing a service to the Customer;
Customer - an individual who accepted the Offer, by order of which the Contractor renders services for assisting a foreign citizen in admission to the educational institutions of the Republic of Belarus, as well as related services – transfer, support, etc.
Service (or Services) - the services for assisting a foreign citizen in admission to the educational institutions of the Republic of Belarus, as well as related services – transfer, support, etc., rendered by the Contractor to the Customer under the terms and conditions of the Agreement;
Offer - this document posted on myuniver.org.
Website - a set of information resources posted on the Internet at myuniver.org.
Offer acceptance - full and unconditional acceptance of the Offer by performing actions specified in clause 4 hereof. Offer acceptance forms the Agreement;
Application - the Customer's order for the Contractor created electronically on the Contractor's website, containing the Customer's data, information about the selected educational program, a list of educational organizations selected by the Customer, and a set of related services;
Invoice - a document indicating the Contractor's bank details, the name, number and price of the Services provided;
Price under the agreement - cost of the Service and other expenses under the terms and conditions of the agreement
1. SUBJECT OF THE AGREEMENT
1.1. The subject of the agreement is the provision of the Services offered on the Contractor's website on the Internet at: https://myuniver.org/en/services.
1.2. The current list of the Services provided by the Contractor with prices (hereinafter - the Price List) is given on the Contractor's website on the Internet at https://myuniver.org/en and is an integral part of this Agreement.
1.3. The Service provided (rendered) to the Customer by the Contractor is a one-time Service.
2. PROCEDURE FOR THE EXECUTION AND PERFORMANCE OF THE AGREEMENT
2.1. This Agreement is a public offer agreement, whereby the Contractor shall render Services according to clause 1.1 hereof and provide them in relation to each individual. The Contractor shall not be entitled to give preference to one person over another in relation to the execution of this Agreement, unless otherwise provided by law.
2.2. Posting this Agreement on the Contractor's website at: https://myuniver.org/oferta is the Contractor's offer for the public to enter into this Agreement (clause 2 of article 407 of the Civil Code of the Republic of Belarus).
2.3. The execution of the Agreement shall be carried out by accession of the Customer to this Agreement, i.e. by accepting its terms and conditions by the Customer, in whole without any conditions, withdrawals and reserves (article 398 of the Civil Code of the Republic of Belarus).
2.4. The acceptance of the terms and conditions of this Agreement by the Customer is confirmed by the Customer's payment for paid Services in the manner and on the terms defined herein.
2.5. This Agreement shall be deemed executed in writing subject to the compliance with the procedure for its acceptance (clause 2, clause 3 of article 404 and clause 3 of article 408 of the Civil Code of the Republic of Belarus).
2.6. Upon reviewing the Contractor's Price List and the text of this Agreement, as well as The Personal Data Processing Policy, posted on the Contractor's Website on the Internet at: https://myuniver.org/en/services, the Customer shall independently select the educational program (the Service provided) from the options offered by the Contractor on the Website at https://myuniver.org/programs, fill out an online application posted on the Contractor's Website on the Internet in the selected program and submit it to the Contractor by clicking "APPLY" on the Contractor's Website in the "Programs" section, or send the application to the e-mail address info@myuniver.org. The registration form of the Application filled out by the Customer shall be the basis for issuing an invoice by the Contractor to pay for the Services. The application shall contain the following data:
2.6.1. information identifying the Customer (first name, last name, gender, e-mail address, phone number, citizenship, date of birth, details of the identity document);
2.6.2. other information required by the application form.
2.7. A unique number is assigned to each application.
2.8. After verification of the application by the Contractor's specialist, the Contractor shall send an invoice for payment for the Services to the Customer's e-mail address, which shall be paid by the Customer no later than 10 calendar days starting from the moment of application. If the invoice is not paid within the prescribed period, the Customer's application shall be canceled.
2.9. To confirm the order, the Customer shall make payment to the Contractor in accordance with clause 4 of this Agreement.
2.10. Upon agreement with the Contractor, the Customer may be offered a special educational programme (rendered Service), which is not specified on the Contractor's website in the section "Programmes" (hereinafter - special service). The order for a special service shall be placed by filling in an application by the Customer in the form proposed by the Executor. The Customer shall pay for the special service on the basis of the invoice issued by the Executor in accordance with clauses 2.8-2.9 of this Agreement. 2.8-2.9 of this Agreement or by means of payment using a bank payment card according to the details sent by the Contractor to the Customer (online payment).
2.10. Upon agreement with the Contractor, the Customer may be offered a special educational programme (rendered Service), which is not specified on the Contractor's website in the section "Programmes" (hereinafter - special service). The order for a special service shall be placed by filling in an application by the Customer in the form proposed by the Executor. The Customer shall pay for the special service on the basis of the invoice issued by the Executor in accordance with clauses 2.8-2.9 of this Agreement. 2.8-2.9 of this Agreement or by means of payment using a bank payment card according to the details sent by the Contractor to the Customer (online payment).
2.11. The Contractor shall start rendering the services no later than 1 (one) working day from the date of submission of the application by the Customer for verification or from the date of receipt by the Contractor of the payment amount in accordance with clause 4 of this agreement, if the Application is executed by the Contractor for a fee. The term of execution of the application consists of the scope of instructions and services selected by the Customer.
2.12. By sending the Application to the Contractor, the Customer, in order to execute the Application, instructs the Contractor to represent its interests to third parties, including the selected educational institution.
2.13. The Customer's application for educational services in the Republic of Belarus under agreements for paid educational services shall be transferred by the Contractor to the educational institution specified by the [A1] Customer in the application.
2.14. The Contractor does not make decisions on the admission of the Customer to educational institutions of the Republic of Belarus, does not organize selection events and shall not be liable for the result of consideration/dismissal of the Customer's application without prejudice by executive authorities and educational institutions.
2.15. If the Contractor receives a document in favor of the Customer due to services rendered upon the Application, the Contractor shall send the original of the specified document to the address specified by the Customer in the Application. The Contractor shall inform the Customer of the identification number of the postal item and the date of dispatch. The Contractor shall not be liable for non-receipt of the document by the Customer through its fault: the absence of the Customer at the specified address, the Customer's errors in filling out the recipient's address, refund for non-claim, etc.
2.16. Other terms of Services may be specified on the Website.
2.17. The Contractor shall be entitled at any time to change the Price List and terms of this Agreement unilaterally without prior coordination with the Customer, while ensuring the publication of the changed terms on the Contractor's Website on the Internet at: https://myuniver.org/en/oferta, at least 1 (one) calendar day before their entry into force.
3. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR AND THE CUSTOMER
3.1. The Contractor shall:
- render the ordered Services to the Customer with due diligence and in a timely manner, provided that the Customer complies with all the requirements of this Agreement;
- not disclose confidential information and data provided by the Customer in connection with this Agreement;
- inform the Customer about the progress of the Services rendered under this Agreement;
- obtain the consent of the Customer for any action or set of actions performed with Personal Data using automation tools or without using such means, including collection, systematization, storage, modification, use, distribution, provision, including cross-border transfer, depersonalization, blocking, deletion;
- be guided by the interests of the Customer when rendering services hereunder.
3.2. The Contractor shall be entitled to:
- use the Services of educational institutions for the purpose of timely and qualitative performance of obligations under the Agreement;
- demand from the Customer timely and full payment of the cost of the Services in accordance with the terms hereof;
- make minor changes to the Service program.
3.3. The Customer shall:
- provide the Contractor with all necessary reliable information and (or) documents for the provision of services, including personal data;
- make timely and full payment for the service provided by the Contractor in accordance with the terms of this Agreement;
- not disclose confidential information and other data provided by the Contractor in connection with this Agreement.
3.4. The Customer shall be entitled to:
- monitor the progress of execution of the Application at any time;
- require the Contractor to fulfill its obligations under this Agreement in a timely manner and properly.
3.5. The Customer shall give his consent to process its personal data for the purposes of rendering services by the Contractor, including the receipt of invitation and further updates on events and special offers, during the entire period of goals implementation.
4. COST OF SERVICES AND SETTLEMENT PROCEDURE
4.1. The cost of the Services shall be confirmed by the head of the Contractor and shall be determined according to the number and scope of services selected by the Customer in the Application as per prices in the Contractor's Price List posted on the Contractor's Website at: https://myuniver.org/services, effective immediately on the date of entering into this Agreement, which is an integral part hereof.
4.2. The cost of services established by clause 4.1. of this Agreement, from the moment of entering into this Agreement with the Customer as set forth in clause 2. of this Agreement, shall not be changed and shall be paid in accordance with the terms of this Agreement and the Price List approved by the Contractor, posted on the Contractor's Website at: https://myuniver.org/services, effective immediately on the date of entering into this Agreement.
4.3. The Customer shall pay for the Services on the basis of 100% advance payment prior to commencement of services against the invoice issued by the Contractor to the Customer. The Services shall not be rendered to the Customer until the payment is made. The payment shall be deemed received upon crediting funds to the Contractor's account.
4.4. The Customer shall pay for the Services by wire transfer or postal transfer of funds to the current (settlement) account of the Contractor.
4.5. When paying for the services rendered, the cost of transfer of funds, the bank's services and postal services shall be borne by the Customer.
4.6. If the Customer selects the payment method whereby the payer shall pay a bank fee or a fee charged by the payment system, the Customer shall make payment in such a way that the amount indicated in the invoice issued to the Customer is received on the Contractor's account in full.
4.7. After payment of the invoice and transfer of the Customer's Application to the educational institution for consideration, the Customer shall not be entitled to cancel the Services under the Application paid, and the funds received by the Contractor shall not be refunded.
In this case, the Services shall be deemed rendered as to actual works for which an advance payment has been made.
4.8. The Services rendering is not documented by the certificate of services rendered. The services paid by the Customer shall be deemed rendered to the Customer properly, fully and in time, and accepted by the Customer if the Contractor has not received written claims within 3 (three) working days from the date of completion of such services.
5. PAYMENT PROCEDURES AND PAYMENTS SECURITY, CONFIDENTIALITY OF INFORMATION
5.1. Bank cards of VISA, MasterCard international payment systems and BELKART payment system are accepted for payment. Payment may be made via Apple Pay.
5.2. The payment security is ensured by modern methods of verification, encryption and transmission of data over secure channels.
5.3. The card data is entered on the bank's secure authorization page. The following card details shall be entered for payment: number, holder's name, expiration date and three-digit security code. A three-digit security code (CVV2 for VISA, CVC2 for MasterCard) is three digits on the back of the card. If the card supports 3DSecure technology or an Internet password for BELKART cardholders, you will be redirected to the page of the bank that issued the card to enter the security code. When paying via Apple Pay, select the card from Wallet, use password code or other authentication method, depending on which method is selected in the application.
5.4. The personal information provided by you (e.g. name, address, phone number, e-mail, bank card number, etc.) is confidential and not subject to disclosure. Card details are transferred encrypted only and are not saved on this Internet resource. The information transmitted by the Customer in the performance of services is personal data in accordance with the Law of the Republic of Belarus dated May 7, 2021 N 99-З "On Personal Date Protection". By clicking on the "Submit an application" button on the website https://myuniver.org/programs, the Contractor agrees to MYUNIVER LLC to process their personal data given in this questionnaire (application) in order to receive an invitation, as well as inform about promotions and special offers. The Contractor confirms that, prior to granting consent, the Customer provided information containing:
- name and location of the Customer;
- the purpose of processing personal data;
- a list of personal data for the processing of which consent is required;
- the period for which consent is given;
- information about authorized persons in the event that the processing of personal data will be carried out by such persons;
- a list of actions with personal data for the performance of which consent is given, a general description of the methods of processing personal data used by the Customer;
- other information necessary to ensure the transparency of the personal data processing process.
The Contractor confirms that the Customer has explained the rights associated with the processing of personal data, the mechanism for exercising such rights, as well as the consequences of giving consent or refusing to give such consent.
6. LIABILITY OF THE PARTIES
6.1. The responsibilities of the parties not stipulated by this Agreement, shall apply in accordance with the legislation of the Republic of Belarus.
6.2. For non-fulfillment or improper fulfillment of obligations hereunder the Contractor and the Customer shall be liable in accordance with the terms and conditions of this Agreement and the current legislation of the Republic of Belarus.
6.3. The Contractor shall not be responsible for the Customer's relations under this Agreement with third parties, including educational institutions, and shall not be liable for circumstances beyond its control. In case the Executor has performed all the necessary actions and formalities, which were within his control for rendering the Service, the Service is considered to be rendered in full and of proper quality, irrespective of the result, which was expected by the Customer.
7. FORCE MAJEURE
7.1. In case of force majeure circumstances that exclude or objectively hinder the performance of this Agreement, the Parties have no reciprocal claims, and each Party shall assume its own risk of the consequences of these circumstances.
8. DISPUTE SETTLEMENT PROCEDURE
8.1. Disputes and disagreements arising out of this Agreement shall be resolved through negotiation between the Parties hereto. An extrajudicial (pretrial) dispute resolution procedure is mandatory. The claim response period is 15 days from the date of a claim receipt.
8.2. In case of failure to resolve disputes and disagreements specified in clause 7.1. in that manner, they shall be settled by court under the current legislation of the Republic of Belarus.
9. TERM OF THE AGREEMENT
9.1. This Agreement shall enter into force from the date of its acceptance (invoice payment) by the Customer and shall be valid until the Services paid for by the Customer are rendered.
9.2. The Agreement shall be terminated in accordance with its terms and conditions and the legislation of the Republic of Belarus.
9.3. Relations of the Parties not regulated by this Agreement shall be regulated by the current legislation of the Republic of Belarus.
9.4. The Contractor shall reserve the right to amend the terms of the offer and/or withdraw the offer at any time at its discretion. In case of amendment of the offer by the Contractor, such amendments shall enter into force from the date of publishing the amended text of the offer on the Contractor's website unless other term for entry into force of the amendments is determined additionally upon such publication.
9.5. This Agreement shall remain in force in case of making changes to the details of the Parties, their constituent documents, including, but not limited to, change in ownership, legal form, etc. The Contractor shall be entitled to assign the Agreement to a third party. In case of change of the details, the Parties shall notify each other within 3 days.
9.6. If any provision of the agreement becomes invalid due to a change in the current legislation, the remaining provisions shall remain in force and shall be binding on the Parties.
9.7. The Contractor's location address shall be the place of entering into this Agreement.
10. ADDRESSES AND DETAILS OF THE PARTIES
10.1. The Parties expressly consent to consider the information indicated by the Customer when drawing up the Application as its details.
Available at: https://myuniver.org/en/oferta
Last updated March 01, 2023 year.