LLC "TechRecruiter (Тек-Ри’крутэ)" Nasibullina Ya. R. BIN 220840029517 19 September 2022
for the provision of paid online services
"TechRecruiter (Тек-Ри’крутэ)" LLC, hereinafter referred to as the "Contractor", hereby offers to conclude an agreement for the receipt of paid online services specified in the offer with any individual (including an individual entrepreneur) or legal entity by accepting this public offer.
In accordance with paragraph 1 of Article 396 of the Civil Code of the Republic of Kazakhstan, the acceptance is the response of the party to whom the offer is addressed about its acceptance, and the acceptance itself must be complete and unconditional. Thus, in case of accepting the conditions set out below and carrying out an acceptance, the party making the acceptance of this offer becomes the Customer, with the corresponding obligations and rights. Therefore, carefully read the text of this offer and, if you do not agree with any clause of this offer, the Contractor suggests you to refuse performing any actions necessary to carry out an acceptance.
For the purposes of present Offer, terms listed below and definitions are used in the following meaning:
1.1. "Contractor" - LLC "TechRecruiter (Тек-Ри’крутэ)" (BIN 220840029517), an organization providing Services under the Public Offer.
1.2. "Customer" - any individual (including an individual entrepreneur) or a legal entity that has unconditionally accepted the terms of the Offer. For the purposes of fulfilling obligations under the agreement, the Customer is considered to be the person who has passed verification and accepted this Public Offer. The person who accepted the offer and passed the verification bears all the risks associated with the receipt of the Service by any unauthorized third party.
1.3. "Offer" is a public proposal of the Contractor to any individual (including an individual entrepreneur) or legal entity to conclude an agreement for the provision of paid online services on the terms and conditions set below (in accordance with Articles 393, 395, 396, 397 of the Civil Code of the Republic of Kazakhstan).
1.4. "Acceptance" is full and unconditional acceptance by the Customer of the terms of the Public Offer in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, confirming the full consent of the Customer with all its clauses and provisions and the absence of any objections to the Offer or its separate clauses, including consent to the obligations of the Customer and the Contractor to non-disclosure and protection of confidential information. The acceptance of the offer is equivalent to the conclusion of an agreement for the provision of paid online services on the terms and conditions set forth in the offer. Acceptance of the offer is the implementation by the Customer of full payment for services in accordance with the terms of this offer. From the moment of receipt of financial means for the services provided to the Contractor's current account, the contract is considered concluded between the Customer and the Contractor. Acceptance of this Offer means that the Customer, to the extent necessary for him, has read it and agrees with the terms of this agreement, the rules of the payment system, as well as the procedure for the provision of services by the Contractor.
1.5. "Services" - the provision by the Contractor of the following paid online services at the choice of the Customer: - training under the program of the Contractor's online course: "Advanced Sourcing 2.0" (author Nasibullina Yazilya Ravilevna);
- training under the program of the Contractor's online course: "Junior IT recruiter" (author Nasibullina Yazilya Ravilevna);
- training under the program of the Contractor's online course: "PRO Communications" (author Nasibullina Yazilya Ravilevna and co-author Elizaveta Uspenskaya);
- providing access to the intensive "Introduction to the IT recruiter profession" (author Nasibullina Yazilya Ravilevna);
- providing access to the "IT Recruiter's Handbook 2.0" (author Nasibullina Yazilya Ravilevna);
- individual course for IT recruiters;
- individual career course for IT recruiters;
- mentoring for IT recruiters.
1.6. "Site" - a collection 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: https://tech-recruiter.org/offer.
1.7. "Personal Account" - a section of the Site at https://tech-recruiter.org/offer, through which the Customer gets access to the following Services: Online Courses, Intensive and Handbook.
1.8. "Training" - the process of providing Services organized by the Contractor, which consists in providing the Customer with access to recorded lessons on the topics of the program in the Personal Account and / or conducting online lessons as part of Online Courses.
1.9. "Online courses" - the author's online training courses "Advanced sourcing 2.0" and "Junior IT recruiter", access to which is provided in the Personal Account, as well as the online course "PRO Communications", access to which is provided by providing access to the course chat, sending links to webinars and providing access to additional materials. The program of the Online Courses, schedule and other characteristics are indicated on the Site. Author is Nasibullina Yazilya Ravilevna.
1.10. "Intensive" - the author's online information online-intensive "Introduction to the IT recruiter profession", 3 recorded lessons, access to which is provided in the Personal Account. Author is Nasibullina Yazilya Ravilevna.
1.11. "Handbook" - "IT Recruiter's Handbook 2.0" is a document in PDF format, access to which is provided in the Personal Account. The handbook contains a methodical description of the IT recruiter work from scratch, and also includes a list of links to chats and an IT recruiter dictionary. Author is Nasibullina Yazilya Ravilevna.
1.12. "Individual course " - online course for IT recruiters (video conferencing), duration: 1-1.5 hours.
1.13. "Individual career course" – online course for IT recruiters (video conferencing), duration: 1 hour.
1.14. "Mentorship" - individual online training for IT recruiters (video conferencing) lasting 30-60 minutes 3 times a week for 1 month.
1.15. “Results of intellectual creative activity” - works protected by international treaties ratified by the Parliament of the Republic of Kazakhstan, the Civil Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On Copyright and Related Rights”: audiovisual works (video lessons, live videos), lectures, programs of the “Advanced Sourcing 2.0” Online Courses, "Junior IT recruiter", Intensive course "Introduction to the IT recruiter profession", "IT recruiter handbook 2.0 ", landing page designs (single-page advertising sites), texts, videos and photos of the Contractor's websites and accounts, other legally protected results of intellectual activity and means of individualization.
1.16. "Author" - the author of the Online courses "Advanced sourcing 2.0", "Junior IT recruiter", Intensive "Introduction to IT recruiter profession", " IT recruiter handbook 2.0" who is Nasibullina Yazilya Ravilevna.
1.17. "Customer Verification" - a set of actions aimed at identifying the Customer as the person who accepted this offer.
1.18. "Identification data" - a set of information about the Customer provided during the verification and acceptance of the Offer, which serves to determine the identity between the person possessing it and the Customer (Customer verification).
1.19. "Cost" - the cost (price) of paid online services: training using Online Courses; providing access to the Intensive; providing access to the Handbook, Individual course; Individual Career course, Mentoring. The current cost is published on the Site.
1.20. "Contractor’s time" - Moscow time.
1.21. "Partner Bank" - a second-tier bank, a credit institution that transfers the cost of training to the account of the Contractor in the interests of the Customer on the basis of an agreement concluded between the partner bank and the Customer.
1.22. MCI is a monthly calculation indicator used in the Republic of Kazakhstan for calculating pensions, benefits and other social payments, as well as for applying penalties, calculating taxes and other payments, as well as in joint venture agreements. The size of the MCI is calculated when planning the budget, based on the expected rate of inflation in the next year. It is established annually by the Law of the Republic of Kazakhstan "On the Republican Budget".
1.23. Other terms may be used in the Offer. In this case, the interpretation of such a term is made in accordance with the text of this Offer. In case of the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided by the interpretation of the term: first of all - on the Contractor's Website, secondly - the generally accepted meaning.
2. SUBJECT OF THE CONTRACT
2.1. The Contractor undertakes to provide the Customer who accepted the Offer (or a third party specified by the Customer) with the Services chosen by him: training under the Online Courses program; providing access to the Intensive; providing access to the Handbook; Individual course; Individual Career course; Mentorship.
2.2. The customer independently chooses the service offered in the Offer. The volume, cost, term, method, procedure for the provision of services and other significant information about the Services not specified in the Offer, and the application form are posted on the Site.
2.3. The services are aimed at meeting the needs of the Customer in obtaining information on commercial activities (in the field of recruitment, interviewing, recruiting processes within the company) and obtaining/increasing income with the possibility of further practical application of this information.
3. PROCEDURE AND TERMS OF PROVISION OF SERVICES
3.1. The order of the Service is carried out by the Customer through the Site.
3.2. Carrying out the acceptance, entailing the conclusion of an agreement between the Contractor and the Customer for the provision of Services, is carried out by the Customer performing the following actions:
3.2.1. Filling out an application for receiving the Services on the Site, containing the identification data of the person who filled it out. The application uniquely identifies the person who submitted it as the Customer.
3.2.2. Payment by the Customer of the Cost of Services in full.
3.3. Customer verification procedure.
3.3.1. Verification is carried out in several successive stages, each of which, following the previous one, is designed to reliably identify the person as the Customer who accepted the Offer and expressed a desire to receive the Services.
3.3.2. When filling out an application on the Site, the Customer undertakes to provide the following reliable information about himself: full name, E-mail, mobile phone number.
3.3.3. After filling out the application, the person wishing to receive the Services, confirms the correctness and reliability of the data indicated by him and expresses a desire to submit an application by activating a field of such a type as "Further", "Pay" or another similar functional purpose. At the same time, the person puts a “V” sign in front of columns of this type: “I agree with the terms of the public offer”, “I agree with the Policy regarding the processing of personal data”, “I consent to the processing of personal data”, “I consent to receive information and advertising mailings.
3.3.4. After activating a field of such type as "Further", "Pay" or another, similar to it, in terms of functionality, the application is automatically generated in the information and reference system of the Contractor.
3.4. Simultaneously with the algorithm provided for in this section of the Offer, an email is sent from the Contractor's email address to the email address specified by the Customer as a contact when submitting the application with a link to the payment procedure for the Cost of Services.
3.5. After making an advance payment for the Cost of Services for providing access to online courses, the Customer is granted access to the Personal Account, including access to the section corresponding to the purchased Service and access to the introductory sections of the course. The cost of the service for providing access to the introductory sections of online courses is 7900 tenge. Services for providing access to introductory sections are considered rendered at the time such access is provided and their cost is not refunded.
3.6. After full payment of the Cost of the Services, the Customer is granted access to the Personal Account, including access to the section corresponding to the purchased Service.
3.7. The Customer is responsible for the reliability of the provided information when making the Order. Payment by the Customer for an order placed on the Site on his own means the Customer's consent to the terms of this Offer. In case of emergence questions from the Customer regarding the properties and characteristics of the services, before making an Acceptance, he must address to the Contractor.
3.8. When the Customer chooses the Mentoring Services, the Contractor and the Customer in any convenient way (by phone, written form, by e-mail) agree on the date and time of the meeting. The date is determined taking into account the sequence and schedule of the Contractor for the type of Service chosen by the Customer. Its format in all cases is determined by the Contractor. The Contractor has the right to request additional information necessary for meeting, including the information specified on the Site.
3.9. If the Contractor is unable to provide services at the appointed time (for valid reason), the Contractor is obliged to notify the Customer 1 (one) day before the declared date and reschedule to another time. In this case, the transfer of the date and time is carried out for the nearest time as agreed with the Customer.
3.10. If it is impossible to provide the Services due to the fault of the Customer, the services are payable in full, in accordance with clause 2 of Art. 685 of the Civil Code of the Republic of Kazakhstan.
3.11. After the start of the course or meeting, the Customer has the right to refuse it, he must pay the Contractor for the expenses actually incurred by him.
4. COST OF SERVICES AND PROCEDURE OF PAYMENTS
4.1. The cost of the Services, as well as information about possible tariffs and promotions (special offers) are posted on the Website http://tech-recruiter.ru.
4.2. The Customer pays for the Services on the terms and at the Cost effective at the time of payment.
4.3. The cost of services can be changed by the Contractor unilaterally, without notifying the Customer. The new cost takes effect from the moment of publication and does not apply to the Services paid for by the time of publication.
4.4. Payment for services is made by the Customer by transferring funds to the current account of the Contractor in the amount of 100% of the cost of services. Payment confirmation is an electronic receipt of the Sender's Bank.
4.5. The Customer independently monitors the change in the details of the Contractor specified in the Public Offer, and is responsible for the correctness of the payments made by him. The Contractor shall not be liable for losses and other adverse consequences that may arise for the Customer and / or third parties in the event of an incorrect indication of the purpose of payment.
4.6. All costs associated with the transfer of funds to the current account of the Contractor shall be borne by the Customer.
4.7. The Services provided by the Contractor are not subject to VAT, due to the fact that the Contractor is not registered for VAT in the bodies of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan.
4.8. The Customer has the right to apply to the Contractor's partner bank to provide an installment plan for payment for the Services. The Customer undertakes to independently issue an installment plan for payment for the Services through the web interface of the partner bank.
5. TERMS AND PROCEDURE OF REFUND
5.1. Funds for the Services rendered in full, in the absence of motivated claims to their quality, are not returned.
5.2. The refund of the entire amount of money for the Online Courses, Intensive and Handbook is possible before the Customer is granted access to the Online Course, Intensive and Handbook in the Personal Account. Refunds for Mentoring are possible if Customer refuses the Services and warns the Contractor in written form about this by sending a letter to the email address (firstname.lastname@example.org) at least 5 (five) days before the agreed date. The return is carried out by the Contractor at the request of the Customer sent to the email address email@example.com. The application shall indicate: surname, name, patronymic (name) of the Customer, reasoned reason for the return, account details for the return of funds.
5.3. For any refunds (as well as other payments) from the Contractor to the Customer, the Contractor does not bear the costs of fulfilling these obligations to return and make other payments (based on Article 370 of the Civil Code of the Republic of Kazakhstan). All these costs are at the expense of the Customer. At the same time, the Contractor, when making such payments to the Customer, offsets counter homogeneous claims in relation to the Customer for the amount of the specified costs (in accordance with Article 370 of the Civil Code of the Republic of Kazakhstan) and reduces the amount of payments by the amount of these costs.
5.4. The Customer's application for a refund is considered by the Contractor within 2 (two) days from the date of receipt of the corresponding application.
5.5. The funds after deducting the Contractor's expenses are returned to the Customer's account from which the payment for services was made, or to another account specified by the Customer, within 10 (ten) days from the date of receipt of the relevant application.
6. SERVICE TERMS
6.1. The terms for the provision of services depend on the Service chosen by the Customer and the tariff (if applicable), and are presented on the Site.
6.2. The term for the provision of services by the Contractor is counted from the moment the Customer accepts this Offer.
6.3. Services are considered to be rendered properly and also accepted by the Customer, if within 2 (two) calendar days from the moment of providing access to the Online Course, Handbook or Intensive in the Personal Account, the Customer has not raised a reasoned objection to the quality and range of such services by sending the corresponding appeal to the e-mail address of the Contractor specified on the Site or in this Public Offer. Mentoring services are considered to be rendered properly and on time, as well as accepted by the Customer from the moment the time for the relevant meeting as part of Mentoring has come, regardless of whether the Customer has arrived or not.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. Rights of the Customer
7.1.1. The Buyer has the right to send all claims for improper provision of the Services to the e-mail address firstname.lastname@example.org.
7.1.2. The Customer has the right to refuse to execute the contract concluded by accepting this Public Offer at any time before granting access to the Personal Account, subject to payment to the Contractor of the actual costs incurred.
7.1.3. The customer has the right to use the results of intellectual activity provided to him in the learning process in digital form for personal and / or professional activities. The Customer is allowed to use the obtained (downloaded to digital media) results of intellectual activity under the rights of a non-exclusive license. It is allowed to use handouts in the following ways: downloading to digital media, keeping, printing, using in professional activities for compiling documents. It is allowed to quote video recordings, audio recordings of lessons with an indication of the name of the author of the course - Nasibullina Yazilya Ravilevna, including in accounts, websites, messengers, social networks, information and telecommunication network "Internet". Any remaking of Programs, lessons, video recordings of lessons, audio recordings of the Online Course, Intensive, Handbook, as well as their parts, including master classes, access to which the Customer received in the Personal Account in the process of receiving paid online services, results of intellectual activity, in particular, translation into a foreign language, processing into a computer program, as well as in another way creating new results of intellectual activity based on the author's courses of Nasibullina Yazilya Ravilevna - online courses "Advanced sourcing 2.0", "Junior IT recruiter", Intensive "Introduction to IT Recruiter Profession”, “IT Recruiter’s Handbook 2.0” are prohibited without obtaining special written permission from the course author.
7.1.4. When choosing the tariff "with checking homework" as part of the Online Courses, the Customer is given the opportunity to send homework for checking. Homework assignments are completed during the Online Course and sent for review according to the recommended schedule of the corresponding Online Course stream, posted in the Personal Account. The Contractor has the right to refuse the Customer to check homework assignments if the Customer violates deadlines. In the event that the Customer has not sent homework assignments for verification before the end of the relevant Online Course, the Contractor's services are considered rendered in full.
7.2. The customer undertakes:
7.2.1. Follow all the rules of receiving the Services established by the Contractor in this Public Offer.
7.2.2. Pay in full for the services provided.
7.3. The contractor has the right:
7.3.1. Unilaterally terminate the contract in the event of a material violation by the Customer of the terms of the Public Offer. In this case, the funds paid by the Customer are non-refundable.
7.3.2. At any time, make changes and additions to this Public Offer, as well as to other documents posted on the Site, in connection with the provision of the Services, without notifying and informing the Customer about it.
7.4. The Contractor undertakes:
7.4.1. Provide services properly and on time.
8. RESPONSIBILITY OF THE PARTIES
8.1. The Party that has not fulfilled or improperly fulfilled its obligations is obliged to compensate the other Party for losses in full and a penalty in the form of a forfeit in the amount of 1% (one percent) of the cost of the Services, for each calendar day of delay in fulfillment or non-fulfillment of obligations.
8.2. Unreliable provision by the Customer of information about himself, including the provision of information or the provision of false, incomplete information necessary for Mentoring, releases the Contractor from liability to the Customer, in terms of the quality of the services provided.
8.3. The Contractor does not guarantee that the Customer will master a certain level of knowledge in perfection or achieve the goals pursued by the Customer, due to the fact that mastering the appropriate level of knowledge and achieving goals directly depends on the time spent by the Customer on independent work and the efforts made by the Customer in studying (including fulfillment of the tasks of the Contractor, following the recommendations of the Contractor).
8.4. The Contractor does not give guarantees, except as expressly provided for in this Public Offer, and is not responsible for the non-compliance of the Services provided with the specific goals and / or expectations of the Customer. Non-compliance with expectations and / or negative subjective assessment are not grounds for considering services rendered of poor quality, or not in the agreed volume.
8.5. Providing access to the Personal Account is a proper performance on the part of the Contractor in full. Non-use by the Customer of all provided handouts is not a basis for reducing the Cost of Services.
8.6. The use by the Customer of the intellectual property included in the training, violating the rules of clause 7.1.3. entails the recovery of compensation in the double amount of the cost of the right to use the work or in the amount of 100 (one hundred) to 15,000 (fifteen thousand) MCI based on a court decision, for each fact of misuse of intellectual property, or compensation for damages (including lost profits) caused to the author by such use, in accordance with paragraphs 4.6, paragraph 1 of Art. 49 of the Law of the Republic of Kazakhstan "On Copyright and Related Rights".
8.7. If the Customer placed (transferred) or facilitated the transfer of the entire Online Course, Intensive or Handbook in whole or in part by Yazilya Ravilevna Nasibullina or other authors whose works are included in the Online Course, Intensive or Handbook, to sites that illegally offer copyrighted products without the consent of the authors or other right holders, then compensation in the amount determined in accordance with paragraph 6 of paragraph 1 of Art. 49 of the Law of the Republic of Kazakhstan "On Copyright and Related Rights" or compensation for damages (including lost profits), in accordance with paragraph 4 of paragraph 1 of Art. 49 of the Law of the Republic of Kazakhstan “On Copyright and Related Rights” or the recovery of income received by the disruptor as a result of violation of copyright and (or) related rights, in accordance with paragraph 5 of paragraph 1 of Art. 49 of the Law of the Republic of Kazakhstan "On Copyright and Related Rights".
8.8. In case of obscene and / or offensive behavior of the Customer or the use of swear words, the Contractor is obliged to deprive the Customer of access to training and / or remove him from the course chat.
8.9. All services of the Site, including the Personal Account, are provided "as it is". The Contractor does not guarantee the availability of the Site at any time.
8.10. The Contractor is not responsible for the commercial suitability of the Site, does not guarantee the compliance of the Site with certain special requirements of the Customer or the ability to customize sections of the Site in accordance with the preferences of the Customer. The Contractor also does not guarantee that the software of the Site is completely free from defects and errors, and must function uninterruptedly and without fail.
8.11. The use of the Site is carried out by the Customer solely at his own responsibility and at his own risk. The Contractor does not guarantee the proper functioning of the Site and is not responsible for the harm caused to the Customer as a result of using the Site. The Contractor is not responsible for the risk of adverse consequences that occur or may occur as a result of non-compliance of the equipment used by the Customer, other software or communication channels with the established requirements for the protection of personal data from unauthorized (illegal) encroachment of third parties.
8.12. The Contractor makes all reasonable efforts to prevent failures and malfunctions in the operation of the Site, but does not guarantee its uninterrupted operation, is not responsible for it and is not obliged to notify the Customer of interruptions.
8.13. The Customer is not entitled to use the Site to send advertising messages and other actions not directly related to the use of the Site.
9. FORCE MAJOR
9.1. The Contractor is released from liability for full or partial failure to fulfill the obligations stipulated by this Public Offer, if this failure was the result of force majeure circumstances that arose after the conclusion of the contract, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure).
9.2. In the event of these circumstances, the Party is obliged to notify the other Party within 3 (three) calendar days.
9.3. If force majeure circumstances continue to operate for more than 30 (thirty) working days, then each Party has the right to withdraw from the Agreement unilaterally in a pre-trial procedure.
9.4. The refusal shall take effect 2 (two) calendar days after the receipt of the notice of refusal by the other Party and only if the withdrawing Party makes all the necessary payments required from it by virtue of this Agreement or the legislation of the Republic of Kazakhstan.
10. INTELLECTUAL PROPERTY
10.1. The exclusive right to the online training courses "Advanced sourcing 2.0", "Junior IT recruiter", intensive "Introduction to the IT recruiter profession", "IT Recruiter's Handbook 2.0" belong to their author Nasibullina Yazilya Ravilevna.
10.2. Nasibullina Yazilya Ravilevna owns the exclusive rights to the results of intellectual activity and means of individualization included in the Online Course, Intensive or Handbook.
11. FINAL PROVISIONS
11.1. This Public Offer comes into force from the moment the Customer makes the Acceptance of the Offer and is valid until the obligations are fully fulfilled by the Parties.
11.2. The Customer agrees and acknowledges that the introduction of changes to the Offer entails the introduction of these changes into the Offer agreement concluded and valid between the Customer and the Contractor, and these changes come into force simultaneously with such changes in the Offer.
11.3. By continuing to use the Contractor's Services after the relevant changes come into force, the Customer agrees to the terms of this agreement in the new version.
11.4. All disputes and disagreements between the parties are resolved within the framework of pre-trial settlement, with the obligatory submission of a claim in writing. In case of failure to reach an agreement, disputes are resolved in court, in accordance with the current legislation of the Republic of Kazakhstan.
11.5. In relation to the Customer - a mandatory pre-trial dispute resolution procedure - 10 (ten) days from the date of receipt of the pre-trial claim to the Contractor in written or electronic form, which allows you to individualize the identity of the Customer.
11.6. The recognition by the court of any provision of this Public Offer as invalid does not entail the invalidity of its other provisions, if it can be assumed that the transaction would have been completed without including the invalid part of it in accordance with Art. 161 of the Civil Code of the Republic of Kazakhstan.
12.1. All of the following documents specified in the appendix to this Offer are an integral part of this Offer:
12.1.1. Policy regarding the processing of personal data within the framework of the online courses "Advanced sourcing 2.0", "Junior IT recruiter", Intensive "Introduction to the IT recruiter profession", approved by the Contractor (Appendix No. 1).
12.1.2. User agreement approved by the Contractor (Appendix No. 2).
12.1.3. The Customer agrees with the content of these documents by accepting the Offer.