Договор оферты с школой Chess First
Agreement (contract offer) with the user on the provision of services for remote lessons in CHESS
May 18, 2021
Individual entrepreneur Borkina Larisa Nikolaevna, OGRNIP 321784700137940 dated May 6, 2021, TIN 781605600245, registered at the address: 196135, St. Petersburg, Yuri Gagarin Ave. 19, kV. 33 hereinafter referred to as "Chessfirst" or Individual Entrepreneur Kuznetsov Evgeny Igorevich, OGRNIP 322774600016462 dated January 14, 2022, TIN 245208861200, registered at: 191619, Moscow, st. Aviators d.5k2 kv 288 hereinafter referred to as "Chessfirst" of one party, and the Person purchasing paid services for remote chess lessons (hereinafter referred to as the "User"), on the other hand, and collectively referred to as the "Parties", enter into this agreement with the user to provide services for distance learning CHESS (hereinafter referred to as the "Agreement") on the following:
1. Acceptance and modification of this Agreement
1.1. By registering on the site https://chessfirst.online (hereinafter referred to as the "Site") through a questionnaire in the User's Personal Account (hereinafter referred to as the "User Account") and paying in a way and in full (in accordance with the conditions posted on the Site) services for remote chess, the User hereby accepts this Agreement in full, unconditionally and unconditionally.
1.2. Any User accepting the Agreement represents to Chessfirst that:
1.2.1. he is an adult (has reached the age of full legal capacity) in accordance with the legislation of his country and the Russian Federation, and has full contractual legal capacity; or
1.2.2. if the User is a minor: he is an emancipated minor, or has received the legal consent of a parent or legal guardian or trustee to enter into an Agreement in the form established by applicable law, and has full legal capacity and capacity to enter into and execute this Agreement; or
1.2.3. if the User is a parent or legal guardian or guardian of a minor and enters into the Agreement on his behalf: by giving the minor permission to use the services, parents and guardians (trustees) agree to the terms of the Agreement on behalf of the minor and are responsible for supervising the use of the services by the minor. If you have not given your child permission, please contact us immediately.
contact us so that we can disable access; and
1.2.4. the conclusion and execution of this Agreement by the User does not require the consent or approval of any third parties.
Chessfirst may at any time require the User to provide information and documents confirming the above representations of the circumstances, and the User undertakes to provide such information and documents within 14 (fourteen) days from the date of the request;
1.3. The agreement may be modified:
1.3.1. Chessfirst has the right to change the terms of payment and rates by publishing new terms on the Internet at: https://chessfirst.online/payment (or on the Website), while the cost of prepaid lessons does not change. Before making an advance payment for additional classes, the User must familiarize himself with the new tariffs and, by making an advance payment, accept the new price conditions. If the User does not agree with the changed terms, the Agreement between Chessfirst and the User shall terminate immediately upon the end (completion) of the classes for which the prepayment has already been made.
1.3.2. Chessfirst has the right to change other terms of the Agreement by notifying the User by e-mail, specified when filling out by the user. The new version of the Agreement shall enter into force on the fourteenth day after the notification is sent to the User, unless the new version of the Agreement establishes a later date for the entry into force of the changes. The User will be prompted to accept the amended terms of the Agreement by authorizing on the Site. In the event that the User does not agree to the new terms, the Agreement between the User and Chessfirst shall be deemed terminated from the date on which the new version of the Agreement would have entered into force if he agreed.
2. Subject of the Agreement
2.1. The subject of this Agreement is the provision of paid services for remote chess lessons (and/or learning to play chess).
2.2. Chessfirst has the right to engage any individuals and legal entities to ensure the timely provision of quality services under the Agreement specified in clause 2.1 of the Agreement.
2.3. Services are provided on a subscription basis and are provided to the User upon request, subject to the availability of time and / or a teacher (trainer).
3. Appointment and replacement of a teacher (coach), scheduling classes
3.1. Chessfirst appoints a coach at its sole discretion, taking into account attention to the purpose of studying chess by a particular User, his (her) level of playing chess, the selected periods of time in which the User can practice. The User is informed that Chessfirst determines the level of the User's proficiency in the game of chess for the purposes of drawing up a lesson plan and selecting a coach, this assessment is for reference only and may differ from the assessment that the User may receive from third parties.
3.2. The user has the right to ask Chessfirst to change the coach and is obliged to state in writing the reasons for such a request. Chessfirst reviews the request within 2 (two) days of receipt and reserves the right to refuse to satisfy it or extend the time for consideration of the request.
3.3. The schedule of classes is compiled based on the agreed time of classes, according to free time intervals for classes both with the User and with the coach. Chessfirst has the right, but not the obligation, to reserve time in the teacher's schedule for regular users of the services, however, if the User does not pay for the lesson 8 (eight) hours before it starts, the booking will be canceled.
3.4. Chessfirst has the right to change a coach for good reasons (illness, planned absence, other circumstances) and undertakes to notify the User about this by a notification in the User's personal account. If the User refuses to change the coach, the User has the right to suspend the receipt of services under this Agreement.
4.1. All classes are held using the interactive platform lichess.org and with the help of programs: Skype, Zoom, Hangouts, What's app.
4.2. The user agrees that Chessfirst has the right to record audio and video during classes for the purpose of quality control and improving the quality of service.
4.3. If the coach fails to contact the User at the scheduled start time of the lesson, the coach is obliged to send a notification through the User's Personal Account to contact the User. The lesson is considered to be started according to the schedule, regardless of when the connection is established. If, despite the observance of the provisions of this paragraph, the coach fails to contact the User, the lesson is considered successfully conducted and is paid in the amount of 100% of the cost.
4.4. If within five minutes after the scheduled start of the lesson, the User does not receive a call or message in the User's Personal Account from the teacher, the User is obliged to contact Chessfirst in accordance with clause 12 of this Agreement. A lesson that was not conducted through the fault of the coach is postponed to another time acceptable to the User in accordance with and taking into account the schedule of the teacher (coach).
4.5. The lesson is considered properly conducted if, within 1 (one) hour after its completion, the User does not submit a claim to Chessfirst regarding the quality of the lesson or the teacher's punctuality.
5. Rescheduling and missing classes
5.1. The User has the right to reschedule or cancel the lesson up to 12 (Twelve) hours before the start. Failure to comply with the specified period by the User means that the User agrees to the proposed time for the lesson, and if the User misses the lesson, then the money paid for this lesson will not be returned. The user can cancel no more than 2 (two) classes per month, the number of class transfers is not limited. The transfer is carried out by the User either independently through the Personal Account, or through the curator by phone. The terms of this paragraph apply unless otherwise provided on the Site and / or in the User's Personal Account.
5.2. The introductory lesson is not subject to payment. However, if a User skips or cancels an introductory lesson, Chessfirst has the right to refuse an introductory lesson without giving reasons.
5.3. Chessfirst, including in the person of a coach, has the right to change the schedule of classes with prior notice to the User 24 (Twenty-four) hours in advance in the User's Personal Account.
6. Technical requirements
6.1. The user is responsible for meeting the minimum (all necessary) technical requirements throughout the session and for organizing the workplace before the session. Chessfirst is not responsible for the failure to provide services or their inadequate quality, if the reason was the lack of necessary software or technical problems with the Internet connection.
6.2. Minimum system requirements for PC:
1) Operating system: Windows 7/8/8.1/10, Mac OS X 10.12 or later;
2) Browser: Google Chrome/ Yandex Browser/ Opera/ Mozilla Firefox/ Safari latest stable version;
3) RAM: from 4 GB and above;
4) Processor: Intel i3, i5, i7 at least 4th generation or AMD Ryzen 3, 5, 7 of any generation;
5) Internet connection: from 5 Mbps;
6) The presence of a microphone and a webcam.
7) 6.3. Recommended system requirements for PC:
8) Operating system: Windows 10, MacOS 10.13 and newer;
9) Browser: Google Chrome/ Yandex Browser/ Opera/ Mozilla Firefox/ Safari latest stable version;
10) RAM: from 6 GB and above;
11) Processor: intel i3, i5, i7 at least 5th generation or AMD Ryzen 3, 5, 7 of any generation;
12) Internet connection: from 10 Mbps;
13) The presence of a microphone and a webcam.
14) 6.4. Minimum system requirements for mobile devices (smartphone/tablet):
15) OS Version: Android 7, iOS 12.3 or later;
16) Browsers: current version of Chrome, for iOS only Safari;
17) RAM: 2GB or more
18) Processor: 1.5 GHz (quad-core) or more powerful;
19) Internet connection: from 5 Mbps.
20) 6.5. Recommended system requirements for mobile devices (smartphone/tablet):
21) OS Version: Android 9, iOS 13 or later;
22) Browsers: current version of Chrome, for iOS only Safari;
23) RAM: 3GB or more;
24) Processor: 2 GHz (4-core) or more powerful;
25) Internet connection: from 10 Mbps.
6.6. Workplace organization:
6.6.1. Close all programs that can take up most of the Internet channel (for example, file exchangers);
6.6.2. To conduct a lesson, the User must provide access to the microphone and camera on his technical device.
7. Suspension of classes
7.1. The user has the right to suspend the provision of services while maintaining the class schedule, subject to the following conditions:
7.1.1. A break in classes cannot be longer than 14 (fourteen) days while maintaining the schedule;
7.1.2. At the time of suspension (or immediately after the end of the last lesson before suspension), the User paid for at least 1 (one) future lesson;
7.1.3. The user tells Chessfirst the date and time:
1) The last session before the suspension,
2) The first lesson after the suspension.
7.2. If the User needs to suspend the services again, the User may suspend the services by notifying Chessfirst 24 hours before the start of the next class; in this case, the classes reserved for the User in the coach's schedule are cancelled. When classes are resumed, the User and Chessfirst draw up a new class schedule. Also, the User and Chessfirst make a new class schedule in case the break in classes is more than 14 calendar days.
7.3. Chessfirst has the right to suspend classes at its sole discretion in the event of public holidays at the User's place of residence or at the location of Chessfirst, if Chessfirst notifies the User in advance by e-mail or in the User's Personal Account. Chessfirst has the right to suspend classes at its sole discretion in the event of a force majeure situation at the location of Chessfirst, if Chessfirst notifies the User of this by e-mail or in the User's Personal Account.
7.4. Conditions of paragraphs 7.1., 7.1.1., 7.1.2., 7.1.3., 7.2. apply unless otherwise provided on the Site and / or in the User's Personal Account.
8.1. Services - paid and are paid on the terms of 100% prepayment by subscription. Prices and payment methods are published on the website page: https://chessfirst.online/payment, the content of which is incorporated into this Agreement by reference. Each subscription gives the right to play chess within the limit specified in the subscription description, within 12 (twelve) months after the prepayment.
8.2. The user pays for services on the terms of 100% prepayment. The user is obliged to pay for the lesson before it starts. If the User pays for the lesson less than 8 (eight) hours before the start, Chessfirst has the right to cancel the lesson and reserve the coach's time for other students.
8.3. Payment is considered made when the money is credited to the account of Chessfirst or a third party collecting fees on behalf of Chessfirst (identified on the Site).
8.4. The user is solely responsible for the correctness of the payments made and the payment of applicable taxes.
8.5. The User is personally responsible, including material, for paying for third-party services (such as communication services, the Internet, etc.) necessary to receive Chessfirst services.
8.6. Payments for Chessfirst's services are processed by a company acting under a contract with Chessfirst. All rights and obligations arising in the course of settlements arise directly between the Processing Center and the payer.
8.7. Chessfirst does not process personal data of payers provided in connection with the processing of payments by the Processing Center. Chessfirst does not store bank card details on its resources, including servers, cloud storage, etc.
9. User Data
9.1. The User agrees to provide Chessfirst with all data requested by the Site or by Chessfirst that is necessary for the provision of the Services.
9.2. Chessfirst undertakes not to disclose confidential information provided by the User in connection with the implementation of the Agreement (with the exception of publicly available information or information provided by the User when registering on the Site) to third parties without the prior consent of the User.
9.4. Chessfirst may use the email, phone number, Skype login and other data provided by the User when registering on the Site to send information and promotional materials to the User, including to inform the User about the activities of Chessfirst and the progress of this Agreement.
10.1. The User agrees not to disclose confidential information and other data provided by Chessfirst in the course of executing the Agreement (excluding public information) to third parties without the prior written consent of Chessfirst.
11. Information exchange
11.1. Notice of cancellation or rescheduling of classes:
11.1.1. If Chessfirst changes the schedule of classes, the User is notified of this by e-mail specified by the User when registering in the User's Personal Account or by a message in the User's Personal Account;
11.1.2. In order to change the schedule of classes, the User must notify Chessfirst through the User's Personal Account, send a request to reschedule or cancel classes on their own in the Personal Account, or call the number indicated on the Site: https://chessfirst.online .
11.2. In order to change the duration of a lesson (within the options available to Chessfirst Users) or agree to increase the frequency of classes, change a coach or suspend classes, the User must indicate his desire by sending an email to firstname.lastname@example.org with a detailed and reasonable reasoning .
12.1. Chessfirst's liability for class cancellations is limited to rescheduling the class or refunding the amount paid for the class (subject to waiving further use of the Agreement).
12.2. Chessfirst's liability for the provision of the Services is otherwise limited to the cost of the current subscription package selected and paid for by the User.
12.3. The Parties shall not be liable for violation of their obligations under the Agreement if such violation was the result of circumstances or events that the violating Party could not reasonably expect (force majeure circumstances), including floods, other natural disasters, military operations, epidemics, decisions and actions of state authorities authorities or other events. Proper confirmation for the Parties of the existence of force majeure circumstances and their duration is a certificate issued by the authorized body.
12.4. Chessfirst has the right to refuse to provide services if it has reasonable grounds to believe that the User: behaved inappropriately during the lesson (for example, was rude to the teacher);
12.5. When providing the User with additional lessons as a bonus or encouragement, the User cannot claim monetary compensation in case such additional lesson was not held for any reason, or if the User refuses such lesson. Such additional bonus classes are held after the completion of all classes paid by the User.
12.6.1. The user did not redeem a gift certificate for Chessfirst classes within the period specified in the gift certificate,
12.6.2. within 12 (twelve) months after payment, the User takes fewer classes than the maximum number of classes provided for by the subscription chosen by him, are considered to be rendered properly, and the User is not entitled to a refund.
13. Termination of the Agreement, Termination of participation in the Agreement
13.1. The User may terminate this Agreement unilaterally by notifying Chessfirst in writing of its intention to terminate the Agreement and the reasons for termination. Chessfirst will consider, in accordance with the terms of this Agreement, a refund to the User of funds previously paid by the User in an amount equal to the cost of services not provided by Chessfirst, but subject to deduction by Chessfirst of the costs incurred by it in processing payments.
13.2. In case of a positive decision, the refund is made within 10 (ten) calendar days from the date of termination of the Agreement. If there is a claim to the quality of the services provided, such claim is considered by Chessfirst within 10 calendar days. In order to receive a refund, the User completes the refund application on the form provided by Chessfirst, signs it, and sends an electronic copy of it, along with an electronic copy of the first page of the User's ID, to email@example.com . To return funds to the User's bank account from which the payment for services was made (except for the Sberbank Online and Coin payment systems), it is not required to fill out an application. When returning, the User does not retain the right to bonus lessons provided to him and not used from the moment of any payments for the Services or as part of marketing promotions. The user cannot receive a refund for unused bonus classes.
13.3. In the event that the User decides to resume classes after termination of the Agreement, the cost of classes is determined in accordance with the prices in force at the time of renewal. Chessfirst may retain the User's prices prior to the renewal date if Chessfirst has not refunded the fee for a class that was not held due to termination of the Agreement.
14. Applicable Law and Dispute Resolution
14.1. This Agreement is governed by and construed in accordance with the laws of the Russian Federation.
14.2. All disputes and disagreements arising from this Agreement or in connection with its execution are resolved through negotiations in the following order:
14.2.1. The affected Party sends a written claim to the other Party by e-mail;
14.2.2. If within 15 (fifteen) calendar days the injured Party does not receive a response or the Parties do not come to an agreement, the injured Party has the right to submit the dispute to the court.
14.3. Without limiting the rights of consumers in terms of the place of dispute resolution, the Parties agree that if a claim is brought against Chessfirst, it must be submitted to the District Court of St. Petersburg.
15. Other provisions
15.1. If any provision of the Agreement is held invalid, void or unenforceable, all other provisions of the Agreement shall remain valid and enforceable in full.
15.2. Chessfirst may assign this Agreement to third parties, and User hereby consents to such assignment.
15.3. The user is informed and agrees that his homework can be fully or partially checked and evaluated.
16. Requisites and contacts
16.1. Contacts for communication: firstname.lastname@example.org