Public Offer for Consulting Services

This is an unofficial English translation provided for convenience. The Russian version published at andreypr.ru is the legally binding text and prevails in case of any discrepancy.

Please read the text of this Offer carefully!

If you do not agree with even one of its provisions, you may not become a Customer and may not enter into an agreement for the provision of consulting services with the Contractor, Individual Entrepreneur Andrey Vladimirovich Proskuryakov!

Enquiries may be sent by e-mail: andrey@andreypr.com

1. General provisions

1.1. This public agreement (hereinafter — the Offer) constitutes an official proposal of Individual Entrepreneur Andrey Vladimirovich Proskuryakov (hereinafter — the Contractor), addressed to any natural person (hereinafter — the Customer), and contains all material terms for the provision of consulting services, the list of which is published on the website andreypr.com (hereinafter — the “Website”).

1.2. In accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter — the Civil Code), this document is a public offer and, upon acceptance of the terms set out below and payment for the Contractor's services, the person who has accepted this Offer becomes the Customer in accordance with clause 3 of Article 438 of the Civil Code; acceptance of the Offer is equivalent to entering into an agreement on the terms set out in the Offer.

1.3. By paying for the services, the Customer warrants that they have already read and accept all the terms of the Offer as set out in the text of this Offer, and that they are aware of the cost of the Service indicated on the Contractor's Website.

2. Definitions and terms

2.1. Acceptance of the offer — full and unconditional acceptance of the offer by the Customer making an advance payment for the provision of consulting services. Acceptance of the offer creates the Offer Agreement.

2.2. Offer Agreement — the agreement between the Contractor and the Customer for the provision of consulting services, concluded by acceptance of the Offer.

2.3. Customer — a person who has accepted the Offer and is therefore the customer of the Contractor's services under the concluded offer agreement.

2.4. Consultant — a natural person (the Contractor personally or a person engaged by the Contractor) who directly (personally) conducts the Consultations.

2.5. Consultation, Service — a one-off act of providing the Client with services expressed in conducting paid consultations of the Client's choice.

The type of Consultation and the manner in which it is conducted are determined by the Customer independently from the list published on the Website.

2.6. Offer — this document, the Offer Agreement for the provision of consulting services by the Contractor, published on the internet at andreypr.com

3. Subject of the agreement

3.1. The subject of this Offer is the provision by the Contractor, for a fee, of consulting services in accordance with the terms of this Offer and the current list of the Contractor's services published on the Website.

3.2. The Customer confirms that, prior to entering into the Offer Agreement (accepting this Offer), they received from the Contractor complete information about the timing, duration and procedure for providing the Services.

3.3. The Customer confirms that the result of the services under this Offer will be the Contractor's actions to inform the Customer within a specialised field of knowledge, according to the Customer's choice.

3.4. The full list of Consultations is published on the internet at andreypr.com

3.5. The Contractor has the right at any time to change the terms of this public Offer unilaterally without prior agreement with the Customer, while ensuring that the amended terms are published on the internet on the website specified in clause 3.4 of this Offer at least one day before they take effect.

4. Representations and warranties of the Parties

4.1. The Contractor represents and warrants that they are an individual entrepreneur registered in accordance with the current legislation of the Russian Federation and act on the basis of state registration certificate No. 320774600147181 dated 18.03.2020, issued by the Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow.

4.2. The Customer represents and warrants that, in accepting the Offer, they:

  1. have the legal right to enter into contractual relations with the Contractor;
  2. have reached the age of 18;
  3. are not registered with a psychiatrist, psychologist or psychotherapist, are not undergoing psychotherapy, and do not suffer from psychological/mental disorders or prolonged depression;
  4. do not take psychotropic, narcotic or other substances and preparations, including those restricted or prohibited for circulation in the Russian Federation;
  5. have been informed of and possess the following information about the Contractor: the Contractor's name, place of business, and the types of activity carried out by the Contractor;
  6. have provided accurate information about themselves;
  7. enter into the Offer voluntarily, having fully read the terms of the public offer; understand the subject of the public offer and the legal consequences that may arise in the course of performing the Offer.

4.3. Except for the warranties expressly stated in the text of the public Offer, the Contractor provides no other express or implied warranties under the Offer.

5. Procedure and conditions for providing the services

5.1. Under the terms of the Offer, the Contractor undertakes to provide the services and the Customer undertakes to pay for them.

5.2. The types and names, term of provision, duration, cost and other characteristics of the Consultations provided are published on the Contractor's Website in the relevant sections and are chosen by the Customer independently.

5.3. After the Agreement is concluded and 100% advance payment of the cost of the Services is made, the Contractor provides the Customer with the Services in the following forms:

5.4. The Services are provided by the Contractor only on the terms of advance payment made by the Customer in accordance with the terms of this Offer.

5.5. Procedure for providing the Service:

  1. the Customer, by any convenient means (via messenger, e-mail or telephone), agrees the questions and topic on which they wish to receive a Consultation and provides brief introductory information;
  2. the Customer makes a 100% advance payment for the chosen consultation;
  3. the Customer, by any convenient means (via messenger, e-mail or telephone), agrees with the Contractor the date and time of the Consultation;

The date and time of the Consultation are determined only after the Contractor receives from the Customer the 100% advance payment and brief introductory information about the topic and questions of interest.

The timing of the Consultation is determined taking into account the queue and the Contractor's schedule for the type of Consultation chosen by the Customer.

Payment is made before the Consultation is held.

The Contractor, at their own discretion, either holds or refuses to hold the Consultation if the Customer is 15 or more minutes late.

5.6. The date of an in-person Consultation may be changed at the initiative of one Party subject to agreement with the other Party.

5.6.1. If the date of an in-person Consultation is changed at the Customer's initiative, the new date and time are determined taking into account the Contractor's Consultation schedule and the queue (to a time and date not occupied by other Customers).

5.6.2. If the Contractor is unable to provide an in-person Service at the appointed time (for valid reasons on the Consultant's side), the Contractor must notify the Customer one day before the stated date and reschedule the provision of the Services. In such a case, the date and time are rescheduled to the earliest possible time as agreed with the Customer.

5.7. After the Consultation has begun, the Customer may withdraw from it, in which case the funds are not returned by the Contractor to the Customer.

6. Payment procedure

6.1. Payment for the services is made by way of a 100% advance payment.

6.2. The Customer may pay the cost of the Services in the following ways:

6.3. If the Customer has paid for the Services and is unable to receive them, the Customer must notify the Contractor of this in writing by sending a letter to the e-mail address specified in this Offer at least three days before the start of the provision of the Services. Otherwise the funds are not returned.

6.4. The price of the Consultation does not include the Customer's costs for internet services, communication services, telecom operator services and software, which the Customer bears at their own expense.

7. Obligations of the Parties

7.1. The Customer undertakes to:

7.1.1. Pay for the Services in the manner provided for by the Offer, within the periods specified therein.

7.1.2. Provide all necessary documents and information to the Contractor in good time.

7.1.3. Independently ensure the technical ability to use the Contractor's Services on their side, namely:

7.1.4. Observe the following Rules of conduct when receiving the Services (in person, online):

7.2. The Contractor undertakes to:

7.2.1. Organise and ensure the proper provision of the Consulting services listed on the Website.

7.2.2. Provide the services within the period established under the terms specified in this Offer.

7.2.3. Use all personal data and other confidential information about the Customer solely for the provision of the Services, and not transfer or show to third parties the documentation and information about the Customer held by the Contractor.

7.2.4. Show respect for the Customer and not violate the Customer's rights to freedom of conscience and information, and to free expression of their own opinions and beliefs.

7.2.5. Conduct the Consultation on the topic determined by the Customer.

8. Rights of the Parties

8.1. The Customer has the right to:

8.1.1. Demand proper and timely provision of the Consulting services by the Contractor.

8.1.2. Contact the Contractor on all matters related to the provision of the Consulting services, and ask questions related to the provision of the Consulting services.

8.2. The Contractor has the right to:

8.2.1. Independently determine the forms and methods of providing the Services, taking into account the current legislation of the Russian Federation and the specific terms of the Offer.

8.2.2. Determine and set the cost of the Consulting services at their own discretion.

8.2.3. Provide the Services only after the Customer has made an advance payment and accepted this Offer.

8.2.4. Receive from the Customer any information necessary to perform the Contractor's obligations under the Offer. If the Customer fails to provide information, or provides it incompletely or incorrectly, the Contractor has the right to suspend performance of their obligations until the necessary information is provided in full.

8.2.5. Suspend or terminate the provision of the Consulting service to the Customer at any time without explanation, at the Consultant's discretion. In such a case the funds are returned to the Customer.

8.2.6. Issue the Customer a warning to cease actions that violate the terms of this Offer, and terminate the provision of the Consulting services if the Customer continues such actions. In such a case the funds are not returned to the Customer.

9. Liability of the Parties and dispute resolution

9.1. The Parties are liable for failure to perform or improper performance of their obligations under this Offer in accordance with the current legislation of the Russian Federation.

9.2. The Contractor is not liable for the impossibility of providing the Consulting services by the Contractor or of receiving the Services by the Customer, where such impossibility arose due to a disruption of the internet, or of the Customer's software or equipment.

9.3. The Customer is also liable for their compliance with the requirements of copyright and intellectual property legislation.

9.4. Any claims by the Customer are considered only on the basis of a substantiated written demand sent to the Contractor at the addresses specified in this Offer.

9.5. In the event of a dispute, the Parties will take all possible steps to settle it. If the dispute cannot be resolved, the Parties refer it to the court in accordance with the current legislation of the Russian Federation.

10. Term of the Offer. Grounds and procedure for termination

10.1. The Offer takes effect from the moment the Customer pays for the Contractor's Services by the means specified in this Offer and on the Contractor's website, and remains in force until the Parties have fully performed their obligations.

10.2. The Offer does not require sealing and/or signing by the Customer and the Contractor, while retaining full legal force.

10.3. The Contractor reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at their own discretion. Where amendments are made to the Offer, such amendments take effect from the moment of publication on the Website, unless another effective date is established or determined when the amendments to the Offer are published.

10.4. The Offer may be terminated early by agreement of the Parties at any time by signing a termination agreement. In this case, the date of termination of the Offer is the date of signing of that agreement. The agreement may be executed as an exchange of letters expressing the intention of each Party to terminate the Offer, and setting out and agreeing the procedure for dealing with the funds.

10.5. The Customer has the right to terminate the Offer unilaterally no later than 1 calendar day before the date on which the provision of the Services begins. Notice of termination is sent in writing to the Contractor's e-mail address specified in this Offer. If the Contractor receives the Customer's notice of termination of the Offer no later than 1 calendar day before the date on which the provision of the Services begins, the Contractor returns the funds to the Customer in full, by a method agreed by the Parties, within 10 calendar days of receiving the notice.

If the notice is received less than 1 calendar day before the date on which the provision of the services begins, the funds are not returned to the Customer.

10.6. The Customer has no right to terminate the Offer and demand a refund of the cost of the Services after their provision has begun (regardless of whether the Customer attended the Consultation).

10.7. The Contractor has the right to terminate the Agreement unilaterally and cease providing the Services if the Customer violates the terms of this Offer, including the Rules listed in clause 7.1.4 of this Offer.

11. Force majeure

11.1. The Parties are released from liability for full or partial failure to perform obligations under the Offer if such failure was the result of force majeure, namely: fire, flood, earthquake, strike, war, acts of state authorities or other circumstances beyond the Parties' control.

11.2. A Party unable to perform its obligations under the Offer must notify the other Party in writing in good time, but no later than five calendar days after the onset of the force majeure circumstances, providing supporting documents issued by the competent authorities.

11.3. The Contractor is not liable for temporary failures and interruptions in the operation of the Contractor's internet resources or for any resulting loss of information.

12. Miscellaneous

12.1. The Parties acknowledge that if any provision of the Offer becomes invalid during its term as a result of a change in legislation, the remaining provisions of the Offer remain binding on the Parties for the term of the Offer.

12.2. The Contractor is not liable for the outcome of the use, or the usefulness, of the Consulting services provided. The Contractor bears no liability if the composition of the Services provided under the current Offer Agreement does not match the Customer's needs.

13. Contractor's details and contact information