About the provision of educational services
Posted on the Internet: https://owl-media.us/oferta-edu/
1. GENERAL PROVISIONS
1.1 This public offer is permanently posted on the Internet at the following network address: https://owl-media.us/, and is an official offer of OWL Media Inc. (EIN: 32-0584855) in the person of the incorporator Galina Belousova, (hereinafter referred to as the Contractor) to conclude an Agreement for the provision of educational services (hereinafter referred to as the Contract) with any interested a natural or legal person (hereinafter referred to as the Customer).
1.2 The person who has accepted this public offer acquires all the rights and obligations of the Customer provided for in this agreement.
1.3 The proper acceptance of this Offer is considered to be the implementation by the Customer in the aggregate of all the following actions:
familiarization of the Customer with the terms of the Offer;
full payment for services in accordance with the terms of this Agreement. From the moment of receipt of funds for payment of services to the Contractor’s settlement account, this agreement is considered concluded between the Customer and the Contractor;
consent to the processing by the Contractor of the Customer’s personal data by one of the following actions:
1.4 The acceptance of the Offer is a confirmation that all and any terms of the Offer are accepted by the Customer completely and completely without any reservations and restrictions, while the Acceptance of the Offer confirms that the Customer understands all the terms of Service and all the terms of the Offer. Also, the acceptance confirms that the Customer has used the right to receive from the Contractor all and any clarifications regarding the terms of Service and the Offer, and also confirms that the terms of Service and the Offer fully comply with the will, needs and requirements of the Customer.
1.5 Acceptance of this Offer and, accordingly, the conclusion of this Agreement means that the Customer, to the extent necessary for him, has become familiar with the terms of this agreement, the rules for payment for services, the specifics of the functioning of the System and the site on which the training materials are posted, recognizes the unconditional suitability of the System, the site for performing actions and achieving the goals that are the subject of this agreement.
1.6 By accepting this offer, the Customer confirms that the Contractor provides services under this agreement remotely using an Internet connection and software that supports audio or video calls (hereinafter referred to as software) and the Customer has access to:
1.7 The contractor is not responsible for the quality of the client’s Internet connection.
1.8 The form of rendering services by the Contractor fully corresponds to the Customer’s ability to use the services provided in this way.
1.9 The current offer agreement is always located at: https://owl-media.us/oferta-edu/
1.0 In this agreement, unless otherwise explicitly follows from its text, the following words and expressions will have the meanings indicated below:
Contract-public offer – this document published on the Internet, or sent for review by e-mail, or provided for review by any other means.
The Customer is an individual who has concluded an Agreement with the Contractor in electronic form as a result of Acceptance of the Offer and, thereby, has received the right to receive the Services of the Contractor.
Service – provision of additional educational services on a paid basis, classes in the form of video recordings (lectures), text materials, webinars with feedback (and/or provision of their records), checklists in pdf format, cheat sheets, examples of site audits, links to useful life hacks, conducting written and oral consultations on training, access to the support group in the WhatsApp messenger.
Software –software) – a browser (InternetExplorer, FireFox, GoogleChrome and similar) for accessing Google Spreadsheet located on the Internet, other programs for transmitting, storing, processing the information provided. The Customer undertakes to independently ensure the availability of the software on his personal computer.
Website – a set of information, texts, graphic elements, design, images, photos and videos and other results of intellectual activity, as well as computer programs contained in an information system that ensures the availability of such information on the Internet at a network address: https://owl-media.us/
The system is a training platform on which training materials are posted and a webinar is held.
Feedback, support – a service in the form of written or oral answers to questions about the topic of the webinar in a closed chat in the WhatsApp messenger.
A webinar is a kind of web conference, holding online meetings or presentations via the Internet, as well as viewing recorded video materials (lectures) on an online platform.
Acceptance – full and unconditional acceptance by the Customer of the terms of the Contract, made by paying for services.
Consultation is a service for providing answers to the Customer’s questions within a certain time, the duration of which is defined in the description of the service on the contractor’s website.
Tariff – a set of services at a certain Tariff specified on the website.
The result of the services rendered is access to the training platform.
2. SUBJECT OF THE CONTRACT
2.1 The subject of this Offer is the paid provision of training to the Customer in the field of search marketing within the framework of online courses presented on the Contractor’s website.
2.2 The Contractor undertakes to provide the Customer with services within the framework of the course and tariff chosen by him, and the Customer undertakes to pay and accept them.
2.3 The provision of services is carried out by providing access to a closed section of the training platform. All information is placed on the platform according to the schedule set by the Contractor.
Within the framework of the selected tariff, access to a private chat in WhatsApp can additionally be provided, in which the Customer can receive support from the Contractor during the training period, and until the time specified in the tariff description on the Contractor’s website.
2.4 Services under this agreement are limited to providing the Customer with information that will allow the Customer to form a skill for self-use of the information received.
2.5 Services under this agreement are provided by the Contractor remotely via the Internet, through software (software).
2.6 Within the framework of this agreement, the Customer, depending on the selected Participation Rate, is provided with:
•access to the personal account of the training platform for viewing online webinars and video lectures;
•access to records of all webinars held;
•access to tasks for the Customer’s independent work (homework);
•access to the closed chat of the online course (only in some tariffs);
•other training materials;
2.7 The exact list of services provided, their volume, cost and order of provision, is determined by the terms of the Participation Rate purchased by the Customer, indicated on the Contractor’s website.
3. THE ORDER OF REGISTRATION OF THE SERVICE
3.1 The service is provided based on the selected Tariff, for which the Customer must order:
3.1.1 Choose a service delivery rate:
via the Contractor’s website: https://owl-media.us/.
3.1.2 Fill out the feedback form, where he indicates his Name, Email, Phone number, and click the “Send” button.
3.1.3 After confirmation, a link to payment via an online payment system (Stripe, Payoneer or otherwise) is sent to the Customer by e-mail.
4. COST OF SERVICES AND PAYMENT PROCEDURE
4.1 The cost of additional educational services under this agreement is indicated on the Contractor’s Website and can be changed by the Contractor at any time unilaterally. The new cost comes into force from the moment of publication and does not apply to services paid by the time of publication.
4.2 The cost of services does not include the commission charged by banks or payment systems for making a payment.
4.3 Commission costs (if any) are paid by the Customer additionally, while the cost of services is determined as the difference between the amount of the payment made by the user and the amount of the commission withheld.
4.4 Prices are in USD.
4.5 Payment for services under this agreement at all rates is carried out. The payment must be credited to the Contractor’s current account before the Customer’s authorization on the Contractor’s educational platform.
4.6 Payment for Services is carried out by the Customer at his choice:
through any system proposed by the Contractor.
transfer to the Contractor’s current account.
4.7 The service is considered paid from the moment of receipt of funds to the Contractor’s current account.
4.8 The Customer’s obligations to pay for services are considered not fulfilled if the Contractor returned the funds at the request of the payment system. In this case, the Contractor has the right to refuse to provide services to the Customer from the moment of refund.
4.9 The Customer is solely responsible for the mistakes that he made when paying for Services. The Contractor is not responsible for losses and other adverse consequences that may arise from the Customer and / or third parties in case of incorrect indication of payment details.
4.10 In case of a delay in crediting funds to the Contractor’s settlement account for more than 3 (three) days, the Customer has the right to contact the Contractor with evidence of their transfer, as well as independently resolve the situation with the payment system.
4.11 The Contractor, within a day after receiving payment for the service, receives two automatic emails to the e-mail specified by the Customer: the first with login data (login and password), the second with the “activate course” button. The course can be activated at a time convenient for the Customer.
4.12 Access to the private chat is provided by the Customer’s phone number specified in the registration form when paying for the service. Access is provided during the day after receipt of payment from the Customer.
4.13 The Customer has the right to change the paid Service Rate by sending an application to the Contractor by e-mail hello@owl- media.us . An additional payment for another tariff is made at the cost of the corresponding participation tariff on the date of receipt by the Contractor of the application from the Customer. If the participation rate is changed to a more limited refund, the refund is carried out according to the rules of Section 5 of this Agreement.
5. CONDITIONS AND PROCEDURE FOR THE REFUND OF FUNDS
5.1 After the provision of the Customer’s authorization service on the educational platform, the cost of the consultation is not refunded.
5.2 In case of termination of this agreement at the initiative of the Customer after authorization of access to the online course, the Customer undertakes to pay for the services rendered before receiving notification of termination of the agreement, the reason why the Customer did not use the materials and did not participate in the Classes (after authorization) must be valid, documented. In this case, the cost of services is calculated as follows:
– the tuition fee is calculated in proportion to the time elapsed from the moment of authorization of the online course to the moment of receipt of the refund application.
5.3 Refund of funds by the Contractor is carried out at the request of the Customer, sent to the email address: firstname.lastname@example.org . The application specifies: the surname, the name of the Customer, the account details for the refund.
5.4 The Customer’s request for a refund is considered by the Contractor within 10 (ten) days from the date of receipt of the relevant application.
5.5 The refund is carried out minus the actual costs and minus the Contractor’s expenses in accordance with the calculation specified in clause 5.2. of the Contract. Such actual costs of the Contractor include (but are not limited to), in particular, commissions from banks, credit institutions and relevant payment systems for the refund of funds.
5.6 In case of establishing the fact of non-provision of services (provision of services of inadequate quality) at the appropriate Tariff, the Contractor shall refund the funds minus the actual costs of the Contractor, determined at the time of return according to the rules of clause 5.5 of this agreement.
6. TERMS OF RENDERING SERVICES AND THE PROCEDURE FOR THEIR TRANSFER
6.1 Access to materials on the training platform is provided indefinitely.
The deadline for the provision of the service and all obligations under this Offer is considered to be the date – 03/16/2022.
6.2 Access to a private chat and answers to questions on the topics of the online course is provided to the Customer until the time specified in the tariff description on the Contractor’s website.
6.3 The schedule and content of the training program are determined at the discretion of the Contractor and are posted on the Website and/or the training platform.
6.4 Feedback is provided once a day. The contractor responds strictly during his working hours from 9:00 to 21:00 Moscow time zone. Saturday and Sunday are days off.
6.5 For the period of holidays, the frequency of webinars is adjusted, the current Feedback can be postponed to the next working days.
6.6 If the Customer authorizes the course after 03/16/2022 or after the conditions specified in the tariff chosen by him, then the service is rendered in proper quality.
6.7 If it is necessary to postpone the time of rendering the service, the Customer is obliged to inform the Contractor no later than before the authorization of the course.
6.8 Also, the services under this agreement are considered to be rendered with proper quality and on time, as well as accepted by the Customer, if within 3 (three) calendar days after the date of provision of the service, the Customer has not stated a written reasoned objection to the quality and scope of such services by sending a corresponding request to the Contractor’s e-mail.
7. COPYRIGHT PROTECTION
7.1 The website and the training platform contain the results of intellectual activity belonging to the Performer. The Contractor has exclusive rights to all information provided to the Customer. None of the provisions of the Contract means alienation of such rights by the Contractor to the Customer.
7.2 The Contractor provides the Customer with access to the training platform and the materials posted on it strictly for use for personal acquisition of knowledge and skills.
7.3 The Customer is not entitled to use access to the platform, recommendations, notes, checklists, cheat sheets, recordings of lectures and webinars, other materials and any other information provided to him for non-personal purposes. The use of the information is limited by the Customer’s obligation not to reproduce, repeat or copy, not to sell or assign, as well as not to use for any commercial purposes any materials provided as part of the training, as well as not to transfer it to third parties.
7.4 Third parties are all people who are not Customers of the Service, including sisters, friends, comrades, acquaintances.
7.5 The use of materials received from the Contractor (creation of a derivative work) is allowed only with the written consent of the Contractor. At the same time, all copyright protection marks must be preserved unchanged, except in cases provided for by law. Any other use is illegal.
7.6 By using the Contractor’s Website and the information from it, the Customer acknowledges and agrees that all the contents of the Website, photos, text and structure of the Website content are protected by copyright, trademark and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media and in in relation to all technologies, both currently existing and developed or created subsequently. No rights to any content of the Site, including, but not limited to, audiovisual works, text and graphic materials, computer programs, trademarks are transferred to the Customer as a result of using the Site and concluding this agreement.
7.7 In case of violation by the Customer of the provisions of this agreement concerning the protection of the Contractor’s copyright, the latter has the right to demand compensation in the amount of 100,000 (one hundred thousand) rubles for each case of violation, as well as compensation for all damages caused, including lost profits.
8. RESPONSIBILITY OF THE PARTIES
8.1 The Contractor is not responsible for the inability to provide services to the Customer for reasons beyond the Contractor’s control, namely: disruption of the Internet, equipment or software on the part of the Customer. In this case, the services are considered to be properly rendered and payable in full.
8.2 No information, materials and/or consultations provided by the Contractor as part of the provision of services under this agreement can be considered as guarantees. Decision-making based on all the information provided by the Contractor is in the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor as part of the fulfillment of its obligations under this Agreement.
8.3 For non-fulfillment or improper fulfillment of their obligations, the parties bear responsibility provided for by the Contract and the legislation of the United States.
8.4 The customer, as a legal representative, is solely responsible:
for the consequences of incorrect indication of data in the Questionnaire or any other data provided to the Contractor
8.5 The parties are released from liability for non-fulfillment or improper fulfillment of obligations under this agreement for the duration of force majeure circumstances. During this time, the parties have no mutual claims, and each of the parties assumes its own risk of the consequences of force majeure circumstances. The Contractor is obliged to notify the Customer about the occurrence of such circumstances by posting information on the Website and/or to the e-mail box specified by the Customer when making the payment, and the Customer is obliged to send the Contractor an e-mail with the Subject line “Force Majeure”.
Under circumstances of force majeure (force majeure) The Parties understand: fire, flood, earthquake, strikes and other natural disasters, war and military actions, the entry into force of regulatory legal acts and acts of application of law that prevent the fulfillment of obligations, forced urgent (not planned) hospitalization, documented, if the above circumstances are beyond the control of the Parties, hinder the implementation of this agreement and have arisen after the conclusion of this agreement. The Customer’s lack of time for any reason to receive services, being on vacation, business trip, non-payment of Internet access, breakdown of the Internet access means are not circumstances of force majeure (force majeure).
8.6 Under no circumstances can the Contractor’s liability under the Contract exceed the cost of the Package paid by the Customer.
8.7 The Parties agreed that in respect of any monetary obligations under the Contract, legal interest (interest on the amount of debt for the period of use of funds) is not accrued.
9. PERSONAL DATA AND THEIR USE
9.1 The Customer gives his consent to the Contractor to process his personal data provided during the formation of the order on the Contractor’s Website, namely: name; email address; contact phone number; accounts in messaging programs and social networks.
9.2 Processing of personal data means recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data that do not fall under special categories, the processing of which, according to current US law, requires written consent The customer.
9.3 The processing of personal data is carried out in order to fulfill the Contractor’s obligations under this agreement and provide the Customer with feedback
9.4 The processing of the Customer’s personal data is carried out by the Contractor using databases in the United States.
9.5 The Customer may revoke consent to the processing of personal data at any time by sending the Contractor a corresponding notification to the Contractor’s e-mail.
9.6 The Customer agrees to receive newsletters and promotional materials from the Contractor, or from other persons on behalf of the Contractor, to the email address and contact phone number specified by the Customer when making the application.
9.7 Consent to receive newsletters and promotional materials may be revoked by the Customer at any time by sending the Contractor a corresponding notification to his e-mail
10. FINAL PROVISIONS
10.1 This agreement comes into force from the moment of acceptance of the Customer in accordance with clause 1.4. of the agreement and is valid until the parties fully fulfill their obligations.
10.2 The court’s recognition of any provision of this agreement as invalid or not enforceable does not entail the invalidity of its other provisions.
10.3 A partially or partially capable Customer guarantees to the Contractor by the fact of payment that he has the written consent of the legal representative to conclude the Contract and to process personal data.
10.4 The Contractor has the right to involve third parties to fulfill the Contract without the consent of the Customer. When involving third parties, the Contractor is responsible to the Customer for their actions (inaction), as for his own.
10.5 All disputes and disagreements between the parties are resolved through negotiations, and if no agreement is reached through negotiations – in court in accordance with current US law.
11. DETAILS OF THE CONTRACTOR
Publication Date: 16.03.2022
OWL Media, Inc.
340 S LEMON AVE #7551,
WALNUT, CA 91789, USA
Tax Registaration Number: 32-0584855