1.1. In this Services Agreement, unless the text of the Agreement expressly states otherwise, the following terms will have the following meanings: "Client" - a legal and capable individual who has reached the age of 18, who has acceded to the terms of this Agreement by accepting it.
"Application" - notification of the Client about the intention to conclude an Agreement in relation to the Services and / or Service Package specified in such notification, as well as filling in the fields with the Client's data.
"Intellectual Property" - texts, materials, videos, sounds, photographs and other images placed through the Platform and included in the Service Packages; technologies, ideas, techniques, schemes, algorithms and any other information related to the services of the copyright holder; Website; Personal account, as well as any other results of intellectual activity of the Copyright Holder, including: (a) service marks, product appearance, design, trade names, logos, trade names and domain names, as well as goodwill associated with them; (b) computer programs, industrial designs, and data and databases; (c) trade secrets and other confidential information; and (d) any other intellectual property rights, whether registered or not, and including any application for renewal or renewal of such rights, and any similar rights or other rights equivalent in scope or method of protection, in accordance with applicable law, rules or regulations in accordance with the law.
"Private College Client Rules" - Appendix No. 1 to this Agreement, which is its integral part.
"Confidential Information" means information provided by Private College to a Client that Private College identifies as confidential, including: (a) any part of the Materials, Service Packages and other Intellectual Property of Private College, as well as related technologies, ideas, methods, schemes , algorithms and any other information; (b) commercial or financial information or plans of the Private College, as well as information about other participants in the events held by the Private College, and became available to the Client as a result of the provision of the Services and participation in the Service Package; (c) other trade secrets of the Private College.
"Package" or "Service Package" - a set of a specific set of information Materials and events in the form of webinars, consultation sessions, instructions, electronic documents in pdf format, templates, tasks and any other documents and information united by a common theme and a single name. Currently, Private College provides Services under the following Service Packages: Test Drive, Express, Light, Premium, All Inclusive, Package Offer. The list and scope of Service Packages is presented on the Internet at https://pcollege.online/, http://female-school-wellness.com, http://female-wellness-school....
"Personal Account" - a set of secure pages located on the Private College Platform, created as a result of the Client's registration on the Platform, using which the Client has the opportunity to access the Service Package, including Materials and events held within the Service Package. Access to the Personal Account is carried out using the credentials (login and password) specified by the Client during registration on the Platform.
"Materials" - the results of intellectual activity (audiovisual works, including video lectures, text, graphic materials, software and any other materials), information, consulting and other materials that make up the content of the Service Package. The Intellectual Property Rights to the Materials are owned by Private College.
"Platform" - a software environment owned by Private College, within which the Services are provided, Service Packages are provided and Materials are provided, located on the Internet at https://pcollege.online/, http://female-school-wellness.com, http://female-wellness-school....
"Copyright Holder" - the Intellectual Property Rights to Service Packages, including Materials, Sites, Service Packages, belong to Private College.
"Installment" - the procedure for paying for the Services and / or Service Packages, in which the Client, in agreement with the Private College, pays for the Services in installments (in the amount and within the time agreed with the Private College) during the time the Services are provided within the Package.
Reservation (Reservation) - the will of the Client to purchase Private College Services and secure a place in the events included in the Service Package for which the Reservation was made.
"Site" - a composite work, which is a collection of Materials, descriptions of Service Packages, Intellectual Property, other information, texts, graphic elements, design, images, photos and video materials, other results of intellectual activity contained in an information system that ensures the availability of such information in the Internet within the domain zone https://pcollege.online/, http://female-school-wellness.com, http://female-wellness-school.... .
"Agreement" (Offer) - this Agreement for the provision of Services, the text of the Agreement is posted at https://pcollege.online/, http://female-school-wellness.com, http://female-wellness-school.... . The conditions for concluding, amending and terminating the Agreement are determined by the Parties below in the text of the Agreement. "Parties" - Private College and the Client.
"Invoice" - a document, details or a link to the payment system for paying for Private College services sent by Private College to the Client on the basis of the Application submitted by the Client. The Invoice indicates the person providing the Services under the Agreement, the name of the Service Package, payment terms and other information.
"Services" - a set of information and consulting services, includes: information services - providing the Client with access to the Materials, the Platform, the Website, the Personal Account, the Service Package and other Intellectual Property of the Private College, providing a set for training; consulting services - support of the Client in messengers, online meetings, individual consultations of the Client and other Services provided within the Service Package. The scope of services is determined based on the Client's Application for the Service Package, as well as the Invoice issued by the Private College and paid by the Client.
1.2. All other terms and definitions found in the text of the Agreement shall be interpreted by the Parties in accordance with the current legislation of the Russian Federation and the usual rules for the interpretation of the relevant terms established on the Internet.
1.3. The titles of the headings (articles) of the Agreement are intended solely for the convenience of using the text of the Agreement and have no independent legal significance.
2. The order of conclusion of the Agreement.
2.1. The text of the Agreement, permanently posted and accessible on the Internet at the addresses https://pcollege.online/, http://female-school-wellness.com, http://female-wellness-school.com, contains all the essential terms of the Agreement and is a proposal of Private College to conclude the Agreement on the terms specified in the text with any competent person. The text of the Agreement is a public offer .
2.2. Private College has the right to amend and supplement this Agreement unilaterally without notice to the Client. The new version of the Agreement shall enter into force from the moment of its publication on the Internet at the addresses: https://pcollege.online/, http://female-school-wellness.com, http://female-wellness-school.com. Continuation of the use of the Services, Materials, Package of Services, The Platform, Site, Personal Account and any Intellectual Property of the Client shall mean the Client’s consent to the terms of the newly published Agreement.
2.3. In order to accept this Offer, the Client must:
2.3.1. Register on the Private College website. For registration, the Client provides the following data (indicate in specially designated fields): - name; - contact phone number; - contact e-mail.
2.3.2. By registering on the Private College Website, the Client consents to the processing by Private College of the information provided by him and (or) his personal data. The processing of personal data is carried out using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data for the purpose of concluding and subsequently fulfilling the Private College's obligations assumed under the Agreement, other obligations stipulated by the Agreement, as well as for the purpose of fulfilling the requirements of other regulatory acts. The period of use of personal data provided by the Client is indefinite.
2.3.3. The client may at any time withdraw consent to the processing of personal data by sending a corresponding notice to Private College at the address: firstname.lastname@example.org. At the same time, the Client understands and acknowledges that the withdrawal to the processing of personal data may require the deletion of any information regarding the participation of the Client in the activities of the Service Package, including the deletion of the Client's account in the closed section of the Site and termination of access.
2.3.4. By registering on the Site, the Client agrees to the processing and use by Private College of the information provided by the Client and (or) his personal data for the purpose of sending information mailing about Private College events and / or advertising mailings to the contact phone number and (or) contact e-mail address specified by the Client and messages about other services provided by Private College and/or a Private College partner. Consent to receive mailings is considered to be granted indefinitely until Private College receives a written notice to email@example.com about the refusal to receive mailings.
2.3.5. By registering on the Site, the Client agrees to the use of his image and feedback about the services of Private College in order to carry out the activities of Private College, promote the Services of Private College. The use of the image and the review is free of charge, the period of use is indefinite. If the Client does not agree to grant the rights to use his image and feedback, he notifies the Private College in writing at the Private College e-mail address.
2.4. After registering on the Site, Private College provides the Client with access to a personal account on the site.
2.5. Private College duplicates through a personal account information about the types, content, cost, and payment procedure for access to the Privat College Service Packages.
2.6. When making payment by the Client (including partial payment, making a reservation) for Private College Services, the Client confirms the full and unconditional acceptance of the terms of this Agreement, the fact of payment is sufficient evidence that the Client, to the extent necessary for him, has read the terms of this Agreement and Private College services and accepts them unconditionally and in full.
2.7. The acceptance of this Offer is the payment by the Client of the selected Service Package (including partial payment, making a reservation).
2.8. By accepting this Offer, the Client confirms his legitimacy, authority, legal capacity, reaching the age of 18+, as well as the legal right to enter into contractual relations with Private College.
2.9. Private College services are not educational activities, are not subject to licensing, are not accompanied by final certification, the assignment of any qualification and the issuance of a certificate of education.
2.10. Private College services are not medical activities and are not subject to licensing.
2.11. The Client independently decides on participation in the activities included in the Service packages, if necessary, consults with specialists on his health (physical, mental), the Client is responsible for any deviations in the state of health (both physical and mental).
2.12. Private College is not responsible for the achievement of the desired result by the Client, as it depends on the individual characteristics of the Client and his personal qualities.
3. Subject of the Agreement
3.1. In accordance with the terms of the Agreement, Private College undertakes to provide the Client with the Services, in the amount and within the time specified in the description of the Service Package, and the Client undertakes to pay for and accept the Services. The types and names of the Service Packages, the volume and terms of the provision of the Services and other necessary characteristics, as well as the cost of the Services are published on the Private College website at https://pcollege.online/, http://female-school-wellness.com, http://female-wellness-school.com.
3.2. The types and names of the Service packages, the volume and terms of the provision of services and other necessary characteristics, as well as the cost of services, are published on the Private College website at https://pcollege.online/, http://female-school-wellness.com, http://female-wellness-school.com.
3.2. The services included in the Service Package are provided in the following order: information services are provided by providing access to the Service Package Materials, the Website, the Platform, the Personal Account and other Intellectual Property, as well as via electronic messages to the Client’s e-mail address, providing (sending) a training kit (if the kit is provided as part of the Service Package); consulting services are provided within the terms, schedules for the Service Package chosen by the Client.
3.3. If it is provided in the description of the Service Package or in the Package program, or by decision of Private College, the Service Package includes:
3.3.1. Conduct of online meetings in the number and terms determined by Private College and specified in the description of the Package of Services.
3.3.2. Summing up of results of the Client within the framework of development of the Service Package, consulting of the Clients within the Package program, individual consulting of the Client and other Services.
3.3.3. Provide a training kit as part of the practice sessions. Private College provides 3(3) sets depending on the selected Service Package clients. By accepting this Agreement, the Client guarantees that he is acquainted with the set-up and cost of the sets, the procedure for reimbursement to Private College of the cost of recruitment in case of termination of the Agreement.
3.4. The services of Private College can be used by anyone from the age of 18 years.
4. The procedure and conditions of the Services.
4.1. The date of conclusion of this Agreement is the date of acceptance of the Agreement in accordance with clause 2.6, clause 2.7 of the Agreement.
4.2. Access to the Services is carried out in the following order:
within 24 hours from the receipt of full payment for the selected Services, access to the information part of the Service Package is opened;
when paying for the Services in installments, Private College provides partial access to the information materials of the Service Package within 24 hours from the moment the payment is received from the Client;
when making a Booking for the Services, access to the materials is provided only after the full payment for the Services, subject to the procedure and terms for making payment;
access to consulting Services (staged) opens on the date and time specified in the program of the Service Package. Including information on the date and time of the provision of staged Services is sent to the Client to the Client’s email address and / or posted in the Client’s personal account and / or sent to any of the messengers used by the Parties and / or by sending an SMS message to the Client’s contact phone number.
4.3. The quantity, volume and terms of the provision of services depend on the Service Package chosen by the Client.
4.4. The Service Package Program, all Materials and other Intellectual Property within the Service Package are provided to the Client in the Personal Account and are available to the Client for the period stipulated by the selected Service Package. The Client independently and in a timely manner gets acquainted with the schedule of all events within the framework of the selected Service Package, including information provided to the Client in the Personal Account and / or by sending an SMS message to the Client’s contact phone number and / or messages in the messengers used by the Parties and / or sent to the Client's email address.
4.5. The date of commencement of the provision of services under the Agreement will be the date on which the Client is granted access to information materials within the Service Package in the Personal Account.
4.6. Private College provides Services under this Agreement solely through the Site, Platform, Personal Account, Materials, messages sent to the Client's e-mail address, and other means provided by Private College for the provision of Services.
4.7. Private College provides Services personally, and also has the right to engage third parties to provide Services under the Agreement. The parties agreed that the need to involve third parties is determined by Private College unilaterally.
4.8. Prior to the provision of Services under the selected Package, the Client is obliged to provide Private College with all the necessary data requested by Private College, including providing complete and reliable answers to additional questions of Private College, if any.
4.9. The Client independently decides on attending all events within the scope of the Service Package, on the timeliness and volume of tasks performed and instructions received within the Package.
4.10. The Client undertakes to fully and unconditionally comply with the Rules of the Private College Client (Appendix No. 1 to this Agreement, which is its integral part).
4.11. When executing the Agreement, the Parties assume mutual obligations to protect the confidentiality of the Information that became known to them during the provision of services under this Agreement, and which the Parties are not entitled to disclose to third parties without the consent of the other party. By "Confidential Information" the Parties understand any information that became known to them during the provision of services under this agreement, including, but not limited to, information relating to the subject of the Agreement, the progress of its execution and the results obtained, including (but not limited to) terms of reference , specifications, personal data of third parties, computer software, databases and know-how, as well as other information of a business and confidential nature, originally transferred by one Party to the other Party under this Agreement, which was transferred in writing, other visual (perceived by sight) or in a machine-readable form, as well as information transmitted orally.
4.12. Private College services are considered fully rendered to the Client: - information services - from the moment of granting access to the Services Package Materials in the Personal Account; - consulting services (phased) - within 1 (one) day from the date of the event (consultations, online meetings, etc.) within the Service Package.
4.12.1. The Parties have agreed that the act of acceptance of the Services under this Agreement is not issued. With regard to information Services, the absence of claims from the Client sent in writing to Private College firstname.lastname@example.org within 7 (seven) calendar days from the date of granting access to the information materials of the Service Package will be considered a confirmation of the fact of full and unconditional acceptance Services rendered as part of the Service Package. In terms of the provision of consulting services (staged), if they are provided for by the Service Package, the absence of claims from the Client sent in writing to Private College email@example.com within 1 (one) day from the date of the event (consultation) will be considered confirmation of the fact of full and unconditional acceptance of such Services.
4.12.2. The acceptance of services is not affected by the absence of the Client at the time of the provision of Private College services, regardless of the reason for the absence, with the exception of missing for a good reason. By agreement of the Parties, a valid reason is a forced urgent (not planned) hospitalization, documented. The Client's lack of time for any reason to take part in the activities within the Service Package, being on vacation, business trip, non-payment for Internet access, breakdown of the Internet access means are not a valid reason.
4.13. Private College services are provided simultaneously for several Private College clients and are based on the principles of work of Private College clients in groups, the Client understands and fully accepts such conditions for the provision of Services under this Agreement.
4.14. The client is prohibited from:
4.14.1. Bypass the technical restrictions set on the Site, the Platform and in the Personal Account;
4.14.2. Copy technology, decompile or disassemble the Site, Platform, Personal Account, Materials, Intellectual Property;
4.14.3. Create copies of the Site, Platform, Materials, Intellectual Property, as well as copy their external design (design);
4.14.4. Change the Site, the Platform to take actions aimed at changing the functioning and performance of the Site, the Platform;
4.14.5. Provide access to the Personal Account, Materials, Package and Intellectual Property to a third party in the absence of express written consent to such access from the Private College.
4.15. Private College has the right not to start providing the Services or to suspend the provision of the Services and the Client's access to the Services Package and Personal Account until the relevant violation is eliminated if any of the following reasons exist:
4.15.1. Violation by the Client of the terms and other conditions of payment for the Services under this Agreement;
4.15.2. Providing incomplete and / or inaccurate information about yourself to Private College;
4.15.3. Violations by the Client of the “Private College Client Rules”;
4.15.4. Failure to provide or violation of the deadlines for providing the registration and other data of the Client necessary for the provision of the Services.
4.16. Private College has the right to terminate this Agreement by unilateral refusal to execute it in the following cases:
4.16.1. When using the Booking option and there is no subsequent payment within 3 (three) calendar days from the date of making the Booking.
4.16.2. Violation by the Client of any of the terms of this Agreement, including, without limitation, the terms of paying for Services by Installments, if such violation was not eliminated by the Client within 5 (five) calendar days from the date of receipt of the notice of violation from Private College;
4.16.3. Violation by the Client of any of the essential terms of the Agreement, including the terms in relation to Intellectual Property and/or Confidential Information;
4.16.4. Distribution by the Client of inaccurate, discrediting or damaging the business reputation of Private College information about the Services and / or about Private College, in any way, including, without limitation, via the Internet, in social networks, through any kind of mailings, if the Client, after receiving the appropriate the demand sent through the Personal Account or to the Client’s e-mail address indicated by the Client in the Application and / or Personal Account, from Private College immediately (not later than one day from the date of receipt of the request Private College) did not publish an official refutation of the disseminated false information;
4.16.5. Repeated (two or more times) non-compliance by the Client with the Rules of the Private College Client, which is an integral part of this Agreement. At the same time, repeated non-compliance will also be a situation where one committed violation of the Rules of the Private College Client is not eliminated by the Client after the first notification of the Client about such a violation. About each violation of the Rules of the Private College Client, the Client receives a notification in accordance with the procedure provided for in this Agreement, while the Client receives 2 (two) notifications via the Personal Account, or sent to the Client’s email address specified by the Client in the Application and / or Personal Account , a violation of the Rules of the Private College Client and, at the choice of Private College, together with the second notice, a notice of termination of the Agreement is sent to the Client, or such notice is sent at any time after the second notice of a violation of the Rules of the Private College Client;
4.17. Upon termination of the Agreement on the grounds specified in clause 4.16 of this article of the Agreement, with the exception of clause 4.16.1 of the Agreement, the funds actually paid by the Client for the Services under this Agreement by the date of termination are not refundable and are regarded by the Parties as compensation for the expenses of Private College . The Agreement will be considered terminated within 5 (five) business days from the date of sending the Private College to the Client the relevant notice of termination to the email address specified by the Client in the Application and / or Personal Account, or in accordance with the notification procedure provided for in this Agreement;
4.17.1. Upon termination of the Agreement on the grounds specified in clause 4.16.1. of this Agreement, the funds transferred by the Client as a Booking for the Services are non-refundable and are regarded by the Parties as the actual expenses incurred by Private College for registration and confirmation of the Booking (payment for technical service and call center). The Agreement will be considered automatically terminated on the 4th (fourth) day from the date of making the Booking, no additional notices/agreements on termination are required;
4.18. In the event that the Client allows a violation in the form of improper use of Intellectual Property and Confidential Information of Private College, including through distribution not authorized by Private College, providing access to third parties and using the Package of Services and Materials outside the rights and permissions granted by the Client in this Agreement, the Client pays Private College, at the request of Private College, sent to the Client's e-mail address specified by the Client in the Application and / or Personal Account, a penalty in the amount of 500,000 (Five hundred thousand) rubles. The amount of the above penalty is due to the degree of possible or caused harm to the rights and legitimate interests of the Private College and / or the Copyright Holder, which is many times higher than the cost of the Service Package paid by the Client under the Agreement. The requirement of Private College for the payment of a penalty is subject to immediate satisfaction in a voluntary, pre-trial order. In case of refusal or non-satisfaction of the requirement for payment of a penalty by the Client, Private College has the right to immediately apply to the court for protection of the violated right, without observing the pre-trial claim procedure for settling the dispute. Resolution of the dispute in court is carried out at the location (address) of the Private College on the date of going to court.
5. Financial conditions and procedure for payment for the Services
5.1. The cost of Service Packages is published on the Private College website at https://pcollege.online/, http://female-school-wellness.com, http://female-wellness-school.... . The price of the Service Package consists of the total cost of information and consulting services (staged) within the framework of this Service Package and is calculated as follows: the price of information services is 80 (eighty)% of the cost of the Service Package; the price of consulting (step-by-step) services is 20 (twenty)% of the cost of the Service Package.
5.1.1. Private College has the right to unilaterally change the prices for the Services and Service Packages provided, information about such a change will be posted at https://pcollege.online/, http://female-school-wellness.com, http://female-wellness-school.com. Changes in prices will apply to Services not yet paid by the Client, including will not apply to Private College in cases of paying for Services with the provision of Installments or when using the Booking option.
5.1.2. Private College has the right to provide, at its discretion, discounts, bonuses and / or offer incentive programs, the terms of which may be published on the Private College website or specified during the presentation of the Services.
5.2. Payment for Private College services is carried out in the form of 100 (One hundred)% prepayment in accordance with the selected Service Package or in installments with periodic payments.
5.3. Payment is made in a non-cash manner, including using the software and hardware of the payment service involved by Private College, aggregator and / or payment provider. In this case, the date of payment is the date of receipt of funds to the settlement account of Private College or (or) to an account opened by Private College in any of the software and hardware tools of the payment service, aggregator and / or payment provider engaged by Private College.
5.4. Installment terms: The client chooses the Private College Service Package, pays the minimum amount to activate access to the Services. The minimum amount is reflected on the Private College website in terms of installments at the selected rate. Further, payment is made every 7 (seven) calendar days in the amount of at least 30% of the cost of the selected Service Package. Full payment for the Services must be made by the Clients within 30 calendar days from the date of activation of access to the Service Package (ie from the date of receipt of the first payment). The Client has the right to pay for the Services ahead of schedule. Under the installment terms, in case of non-receipt of payments from the Client, Private College suspends access to the Services.
5.4.1. Booking Conditions: The Client chooses the Private College Service Package, pays the amount of the Booking indicated on the Private College website in the Booking Conditions. Full payment for the selected Service Package must be made by the Clients within 3 (three) calendar days from the date of making the Booking. In agreement with the Private College, payment terms in installments may be applied instead of the full payment of the Service Package.
5.5. The Parties have agreed that the fulfillment of the Client's obligations to pay for the Private College Services can be performed by a third party, who is an individual or legal entity, in favor of the Client. The Client independently regulates relations with such a legal entity or individual, including the Client and such individual or legal entity enter into all necessary agreements with each other, and, if necessary, and at the request of Private College, sign documents with Private College necessary for Private College to properly reflect account transactions.
5.6. In the event of reasonable claims from the Client regarding the Service Package (quality, content, etc.) sent to the authorized email address of Private College firstname.lastname@example.org, within the time limits stipulated by this Agreement, Private College considers the above claims within 3 (three ) working days. The parties will strive to reach a mutual agreement regarding the claim received. Upon reaching an agreement on the return of funds paid by the Client for the Services, the return is made within 10 (ten) calendar days from the date of receipt of the claim from the Client. The funds paid by the Client for the Services shall be refunded, minus the services actually rendered by Private College and the expenses incurred in connection with the provision of the services.
6. Limitation of Liability
6.1. Private College does not provide software tools (including system tools) to display the Site, Platform, Personal Account and Service Package on the Client’s device. The Client acquires and/or installs such software on its own device.
6.2. The Site, Platform, Personal Account, and their software, as well as the software used within the Service Package, are provided without additional warranty — «as is». The Client bears the risk of using the Site, Platform, Personal Account, Service Package, and their software.
6.3. Private College does not guarantee that the Site, Platform, Personal Account, Service Package and Materials meet the requirements of the Client, that access to the Site, Platform, Personal Account, Service Package and Materials will be provided continuously, quickly, securely and without errors.
6.4. Software and hardware errors, both on the Private College side and on the Client’s side, resulting in the inability of the Client to gain access to the Site, Platform, Personal Account, Service Package and/or Materials, are force majeure, and grounds for exemption from liability for non-performance of obligations of Private College under the Agreement.
6.5. Private College does not guarantee to the Client that the Service Packages meet the Client’s expectations. The Service Packages are provided «as is» and there is no guarantee of compliance with a certain purpose, which the Client intended or may have anticipated when purchasing Service Packages. The Client shall guarantee that, prior to acceptance of this Agreement, he has familiarized himself with the scope of services and the subject of materials within the framework of the selected Service Package.
7. Intellectual Property.
7.1. Exclusive right to all objects of Intellectual Property, including Materials, Service Packages, Site, Platform, Personal Account Design Items, Texts, Programs, etc. belongs to the Copyright Holder.
7.1.1. By using the Materials, Site, Platform, Personal Account, Service Packages and other Intellectual Property, the Client acknowledges and agrees that all the contents of the Materials, Site, Service Packages, Platforms, Personal Account, and other Intellectual Property are protected by copyright, trademark and other intellectual property rights. These rights are valid and protected in all forms, on all media and for all technologies, both current and later developed. No rights to any content of the Materials, Site, Platforms, Personal Account, Service Packages or any intellectual property rights of Private College shall be transferred to the Client as a result of this Agreement.
7.2. The Client shall have the right to use the Materials and other objects of Intellectual Property, to which the Client has access within the Service Package and using the Site, Platform and Personal Account, only within the Package functionality and Services provided to the Client.
7.3. The Client shall not use the Materials or other Intellectual Property objects to which the Client is accessing for purposes other than those specified in the Service Package, including the Client shall not have the right to:
7.3.1. Reproduce, distribute by sale or other alienation, public display, rental, broadcast messages, cable messages, translation and/or other processing, making public, other unauthorized use in any part of the Materials, Packages of Services and Intellectual Property.
7.3.2. To copy and/or distribute any component parts of Service Packages, Materials, and other Intellectual Property, including to organize and in any way conduct online and offline events similar to the subject which are held by Private College within the framework of providing Services.
7.3.3. Copy or otherwise use the software part of the Site, Platform.
7.4. The Customer shall have the right to use Materials, Service Packages and other Intellectual Property for purposes other than those specified by the Package only if a separate agreement for such use is concluded with the Copyright Holder.
7.5. When quoting Materials, Site, Platform, Service Packages using Fragments of Intellectual Property in cases where this is expressly authorized by Private College, the Client undertakes to indicate a link to the Site and Private College.
8.1. While rendering the Services and fulfilling its obligations under this Agreement, the Client (hereinafter referred to as «Receiving Party») accepts, obtains to the disposal of Private College Confidential Information (hereinafter referred to as «Disclosing Party»). The Client undertakes to keep such Confidential Information confidential for the duration of the Agreement and for a period of 5 (five) years after the termination of its obligations.
8.2. The Customer hereby undertakes to exercise the same care with which he treats such information, but not less than the appropriate degree of care sufficient to prevent disclosure, Publication or dissemination of Confidential Information.
8.3. The confidential information disclosed to the Client, including its part or derivatives created on its basis, shall remain the property of Private College. Private College does not grant the Client permission or right, implicitly, through a legal challenge or any other means (a), to create, commission, use, or sell any product using Confidential Information, or (b) under any patent, patent application, utility model, copyright, trade secret, trademark, service mark or any other such industrial or intellectual property right.
8.4. All Confidential Information is provided «as is» and to the maximum extent possible in accordance with the current legislation. Private College does not provide guarantees (whether explicit, implied, established by law or otherwise) and shall refuse any kind of compensation for the accuracy, completeness, or reliability of such information. There is no assurance or guarantee that Confidential Information should remain unchanged. Private College is not obliged to update or correct inaccuracies in Confidential Information. Private College is not responsible to the Client as a result of the Client’s use of Confidential Information.
8.5. The Client hereby acknowledges that Confidential Information is the property of Private College and constitutes an asset because such information is not publicly available. In this regard, any breach of confidentiality may cause substantial damages to Private College, in connection with which the Client pays Private College upon request all amounts incurred by Private College in respect of all and any losses, damages (including any indirect, direct, indirect, special, incidental or punitive amounts or damages or any other form of economic loss), liability, costs (including legal costs), expenses, claims (including any settlement of claims before or after the commencement of legal proceedings), actions, proceedings, awards (including amounts arising from orders or court decisions) fines and penalties arising from or in connection with the breach of this Agreement by the Client or unauthorized disclosure or use of any Confidential Information by the Client.
8.6. Based on the unique nature of Confidential Information, a breach of confidentiality is irreparable damage to Private College, for which a monetary payment will not be sufficient. In addition to other legal remedies, Private College has the right to require the Client to fulfill the obligations of confidentiality under this Agreement in kind, as well as to request an injunction to prevent further breach by the Client, without having to prove any actual damage done by Private College.
8.7. Information shall not be considered confidential information if the Receiving Party can prove that such information: (a) is or becomes public or accessible through no fault of the Receiving Party; (b) is known to or is in the possession of the receiving party prior to disclosure without any restriction on its use, as evidenced by the commercial records; (c) is lawfully obtained from a third person who is entitled to such disclosure; (d) is independently developed by the receiving party without the use of Confidential Information of the Disclosing Party; or (e) is disclosed as required by law.
9. The procedure for the settlement of disputes.
9.1. All disputes, disagreements and claims that may arise in connection with the performance, termination or invalidation of the Agreement, the Parties shall endeavor to resolve by negotiation. The party with the claims and/or disagreements shall send a communication to the authorized e-mail address of the other party indicating the claims and/or disagreements that have arisen.
9.2. If the Parties fail to agree on any claims and/or disagreements arising, the dispute is subject to judicial resolution at the seat of Private College.
10. Final provisions.
10.1. The Parties hereby confirm that the use of analogues of the Parties' own signature is permitted for the performance (modification, amendment, termination) of the Agreement, as well as for the conduct of correspondence on the above matters. The Parties confirm that all notifications, communications, agreements, and documents in the framework of the Parties' fulfilment of obligations arising from the Agreement, signed by analogues of the Parties' handwritten signature, are legally binding and binding on the Parties. Analogues of a handwritten signature in this Agreement are defined as authorized e-mail addresses and credentials to the Personal Account.
10.2. The Parties acknowledge that all notices, messages, agreements, documents, and letters sent using authorized email addresses and the Personal Account are considered to be sent and signed by the Parties, unless such letters expressly state otherwise.
10.3. Authorized e-mail addresses of the Parties shall be recognized as:
10.3.1. For Private College: email@example.com
10.3.2. For the Client: the e-mail address given when contacting Private College.
10.4. The Parties undertake to ensure the confidentiality of information and information necessary for access to authorized e-mail addresses and the Personal Account of the Client, to prevent the disclosure of such information and to transfer to third parties. The Parties shall determine independently how access to such information is restricted.
10.5. Until the moment of receiving information from the Client about the breach of the confidentiality regime, all actions and documents performed and sent with the help of the authorized e-mail address of the Client and the Personal Account, even if such actions and documents have been sent by other persons, are considered as committed and directed by the Client. In this case, the Client has rights and obligations, as well as responsibilities.
10.6. Until information is received from Private College regarding a breach of privacy, all actions and documents performed and sent through an authorized Private College email address, even if such acts and documents have been committed and directed by other persons, are considered committed and directed by Private College.
10.7. Private College may assign rights, transfer debts (including subcontractors) for all obligations arising from the Agreement. The Client hereby gives his consent to the assignment of rights and transfer of debt to any third parties. Private College informs the Client about the transfer of rights and/or debt by posting the relevant information in the Personal Account or by sending an e-mail to the Client.