Offer Agreement with Chess First School
Offer Agreement with Chess First School
Agreement (offer agreement) with the user for the provision of distance learning services for CHESS.
January 30, 2023
Limited Liability Company "CHESSFIRST," BIN 230140022060, registered at: 010000, Kazakhstan, Astana City, Saryarka District, Beibitshilik Street, Building 47, Apartment 12, hereinafter referred to as "Chessfirst," on the one hand, and the User purchasing paid services for distance learning in chess (hereinafter referred to as the "User"), on the other hand, collectively referred to as the "Parties," hereby conclude this agreement with the user for the provision of distance learning services for CHESS (hereinafter referred to as the "Agreement") on the following terms:
1. Acceptance and amendment of this Agreement
1.1. By registering on the website https://chessfirst.eu/ (hereinafter referred to as the "Website") through a questionnaire in the User's Personal Account (hereinafter referred to as the "User's Personal Account") and making payment in the manner and in full amount (in accordance with the terms posted on the Website) for services related to distance learning in chess, the User fully, unconditionally, and irrevocably accepts this Agreement.
1.2. Any User accepting the Agreement assures Chessfirst of the following circumstances:
1.2.1. They are of legal age (have reached the age of majority) according to the legislation of their country and have full contractual capacity; or
1.2.2. If the User is a minor: they are an emancipated minor or have obtained the legal consent of their parent or legal guardian to conclude this Agreement in the form prescribed by the current legislation, and they have full legal capacity and capacity to conclude and perform this Agreement; or
1.2.3. If the User is a parent or legal guardian of a minor and concludes this Agreement on their behalf: by giving permission for the minor to use the services, the parents and guardians agree to the terms of the Agreement on behalf of the minor and are responsible for supervising the minor's use of the services. If you have not given your child permission, please contact us immediately so that we can disable access; and
1.2.4. No consent or approval of any third party is required for the User to conclude and perform this Agreement.
Chessfirst has the right at any time to request that the User provide information and documents confirming the above assurances, 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 amended as follows:
1.3.1. Chessfirst has the right to change the payment terms and rates by publishing new terms on the Internet at the address: https://chessfirst.eu/pay (or on the Website); in this case, the cost of prepaid classes remains unchanged. Before making a prepayment for additional classes, the User must familiarize themselves with the new rates and accept the new pricing terms by making a prepayment. If the User does not agree to the changed terms, the Agreement between Chessfirst and the User terminates immediately upon the completion of the classes for which prepayment has already been made.
1.3.2. Chessfirst has the right to change other terms of the Agreement by notifying the User via the email provided during registration. The new version of the Agreement enters into force on the fourteenth day after the User is notified, unless the new version of the Agreement specifies a later date for the changes to take effect. The User will be prompted to accept the amended terms
2. Agreement Subject
2.1. The subject of this Agreement is the provision of paid services for online chess lessons (and/or chess training).
2.2. Chessfirst has the right to engage any individuals or legal entities to ensure the timely provision of quality services under the terms of this Agreement as stated in clause 2.1 of the Agreement.
2.3. The services are provided by subscription and are provided to the User upon request, subject to available time and/or availability of a teacher (coach).
3. Appointment and Replacement of Teacher (Coach), Schedule of Lessons
3.1. Chessfirst appoints a teacher at its discretion, taking into account the User's specific goals in learning chess, their level of chess playing, and the selected time slots in which the User can engage. The User is informed that Chessfirst determines the User's level of chess playing for the purposes of lesson planning and teacher selection. This assessment is for reference purposes only and may differ from the assessment that the User may receive from third parties.
3.2. The User has the right to request a change of teacher from Chessfirst and must provide written reasons for such a request. Chessfirst will consider the request within 2 (two) days from the moment of receipt and reserves the right to refuse its fulfillment or extend the time for considering the request.
3.3. The schedule of lessons is compiled based on the agreed-upon lesson times, taking into account the available time intervals for both the User and the teacher. Chessfirst has the right, but not the obligation, to reserve teacher time in the schedule for regular service users. However, if the User does not pay for the lesson within 8 (eight) hours before its start, the reservation is canceled.
3.4. Chessfirst has the right to change the teacher for valid reasons (illness, planned absence, other circumstances) and undertakes to notify the User of this through a notification in the User's Personal Account. If the User refuses to change the teacher, the User has the right to suspend receiving services under this Agreement.
4.1. All lessons are conducted using the interactive platform play.chessfirst.online and with the help of programs: Skype, Zoom, Hangouts, WhatsApp, and the video communication integrated into the gaming platform.
4.2. The User agrees that Chessfirst has the right to record audio and video during the lessons for quality control and service improvement purposes.
4.3. If the teacher cannot contact the User at the scheduled lesson start time, the teacher must send a notification through the User's Personal Account or by using the telephone number to contact the User. The lesson is considered started according to the schedule, regardless of when the connection is established. If, despite complying with the provisions of this clause, the teacher cannot contact the User, the lesson is considered successfully conducted and is billed at 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 their Personal Account from the teacher, the User must contact Chessfirst in accordance with clause 12 of this Agreement. A lesson not conducted due to the fault of the teacher is rescheduled for another acceptable time for the User, taking into account the teacher's schedule.
4.5. A lesson is considered properly conducted if within 1 (one) hour after its completion, the User does not submit a complaint to Chessfirst regarding the quality of the lesson or the teacher's punctuality.
5. Rescheduling of Lessons and Lesson Absences
5.1. The User has the right to reschedule or cancel a lesson 8 (twelve) hours prior to its start. Failure by the User to comply with this deadline means
By "User," it means that the User agrees to the proposed lesson time, and if the User misses the lesson, the payment for that lesson is non-refundable. The number of lessons reschedules is unlimited. The rescheduling can be done by the User either independently through the Personal Account or through the curator via phone. The conditions of this section apply unless otherwise specified on the Website and/or in the User's Personal Account.
5.2. The introductory lesson is not subject to payment. However, in case of absence or cancellation by the User, Chessfirst reserves the right to refuse to conduct the introductory lesson without explaining the reasons.
5.3. Chessfirst, including the coach, has the right to change the lesson schedule with prior notification to the User within 24 (twenty-four) hours in the User's Personal Account.
6. Technical Requirements
6.1. The User is responsible for complying with the minimum (required) technical requirements throughout the entire lesson and for organizing the workspace before the lesson. Chessfirst is not responsible for the non-provision of services or their inadequate quality if the reason is the absence of necessary software or technical problems with Internet connectivity.
6.2. Minimum system requirements for a PC:
1) Operating System: Windows 7/8/8.1/10, Mac OS X 10.12 and newer;
2) Browser: Google Chrome/Yandex Browser/Opera/Mozilla Firefox/Safari latest stable version;
3) RAM: 4 GB or higher;
4) Processor: Intel i3, i5, i7 no lower than the 4th generation or AMD Ryzen 3, 5, 7 any generation;
5) Internet Connection: 5 Mbps or higher;
6) Presence of microphone and webcam.
6.3. Recommended system requirements for a 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: 6 GB or higher;
11) Processor: Intel i3, i5, i7 no lower than the 5th generation or AMD Ryzen 3, 5, 7 any generation;
12) Internet Connection: 10 Mbps or higher;
13) Presence of microphone and webcam.
6.4. Minimum system requirements for mobile devices (smartphone/tablet):
15) OS Version: Android 7, iOS 12.3 or newer;
16) Browsers: Current version of Chrome, Safari only for iOS;
17) RAM: 2 GB or higher;
18) Processor: 1.5 GHz (quad-core) or higher;
19) Internet Connection: 5 Mbps or higher.
6.5. Recommended system requirements for mobile devices (smartphone/tablet):
21) OS Version: Android 9, iOS 13 or newer;
22) Browsers: Current version of Chrome, Safari only for iOS;
23) RAM: 3 GB or higher;
24) Processor: 2 GHz (quad-core) or higher;
25) Internet Connection: 10 Mbps or higher.
6.6. Workspace organization:
6.6.1. Close all programs that may consume a significant portion of the internet bandwidth (e.g., file-sharing services).
6.6.2. The User must ensure access to a microphone and camera on their device for conducting the lesson.
7. Suspension of lessons
7.1. The User has the right to suspend the provision of services while maintaining the lesson schedule, subject to the following conditions:
7.1.1. The break in lessons cannot exceed 14 (fourteen) days while maintaining the schedule.
7.1.2. At the time of suspension (or immediately after the last lesson before the suspension), the User has paid for at least 1 (one) future lesson.
7.1.3. The User informs Chessfirst of the date and time of:
1) The last lesson before the suspension,
2) The first lesson after the suspension.
7.2. If the User needs to suspend the provision of services again, the User has the right to do so by notifying Chessfirst 24 hours prior to the start of the nearest lesson. In this case, the lessons reserved for the User in the coach's schedule are canceled. When lessons resume, the User and Chessfirst create a new lesson schedule. The User and Chessfirst also create a new lesson schedule if the break in lessons exceeds 14 calendar days.
7.3. Chessfirst has the right to suspend lessons at its discretion in the case of public holidays at the User's place of residence or at the location of Chessfirst, provided that Chessfirst notifies the User in advance by email or in the User's Personal Account. Chessfirst has the right to suspend lessons at its discretion in the event of a force majeure situation at the location of Chessfirst, provided that Chessfirst notifies the User by email or in the User's Personal Account.
7.4. The conditions of clauses 7.1, 7.1.1, 7.1.2, 7.1.3, and 7.2 apply unless otherwise specified on the Website and/or in the User's Personal Account.
8.1. The services are paid and must be prepaid in full according to the subscription terms. Prices and payment methods are published on the website page: https://chessfirst.eu/pay , the content of which is included in this Agreement by reference. Each subscription entitles the User to chess lessons within the limit specified in the subscription description for a period of 12 (twelve) months after the prepayment is made.
8.2. The User pays for the services on the terms of 100% prepayment. The User must pay for the lesson before its start. 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 funds are credited to the account of Chessfirst or a third-party collecting payment on behalf of Chessfirst (as specified on the Website).
8.4. The User is solely responsible for the accuracy of the payments made and for paying applicable taxes.
8.5. The User is personally responsible, including financially, for paying for the services of third parties (such as communication services, internet, etc.) necessary for receiving Chessfirst services.
8.6. Payments for Chessfirst services are processed by a company acting under an agreement 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 payment processing 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 undertakes to provide Chessfirst with all the data requested by the Website or Chessfirst, which are necessary for the provision of services.
9.2. Chessfirst undertakes not to disclose the confidential information provided by the User in connection with the performance of the Agreement (except publicly available information or information provided by the User during registration on the Website) to third parties without the prior consent of the User.
9.4. Chessfirst has the right to use the email address, telephone number, Skype login, and other data provided by the User during registration on the Website to send the User information and promotional materials, including informing the User about the activities of Chessfirst and the progress of this Agreement.
10.1. The User undertakes not to disclose confidential information and other data provided by Chessfirst during the performance of the Agreement (except publicly available information) to third parties without the prior written consent of Chessfirst.
11. Informational Interaction
11.1. Notification of lesson cancellation or rescheduling:
11.1.1. In case Chessfirst changes the lesson schedule, the User is notified by email provided by the User during registration in the User's Personal Account or through a message in the User's Personal Account.
11.1.2. To change the lesson schedule, the User must notify Chessfirst through the User's Personal Account, submit a request for rescheduling or cancellation of lessons in the Personal Account, or call the number specified on the Website: https://chessfirst.eu/ .
11.2. To change the duration of a lesson (within the options available to Chessfirst users), agree on an increased frequency of lessons, change the trainer, or suspend the lessons, the User must inform Chessfirst of their desire by sending an email to firstname.lastname@example.org with a detailed and justified explanation of the reason.
12.1. Chessfirst's responsibility for canceling lessons is limited to rescheduling the lesson for another time or refunding the amount paid for the lesson (if the User chooses not to continue using the Agreement's services).
12.2. Chessfirst's liability for providing services in other cases is limited to the cost of the current subscription package chosen and paid for by the User.
12.3. The parties shall not be liable for the breach of their obligations under the Agreement if such breach resulted from circumstances or events that the breaching party could not reasonably foresee (force majeure), including floods, other natural disasters, wars, epidemics, decisions and actions of government authorities, or other events. The proper confirmation for the parties of the existence of force majeure circumstances and their duration is a certificate issued by an authorized body.
12.4. Chessfirst reserves the right to refuse services if there are reasonable grounds to believe that the User: behaved inappropriately during the lesson (e.g., was rude to the instructor).
12.5. When providing the User with additional bonus lessons or rewards, the User cannot demand monetary compensation if such additional lesson, for any reason, was not conducted or if the User refuses such a lesson. Such additional bonus lessons are provided after the completion of all lessons paid for by the User.
12.6. In the following cases:
12.6.1. If the User did not use a gift certificate for Chessfirst lessons within the specified period in the certificate,
12.6.2. If, within 12 (twelve) months after payment, the User attends fewer lessons than the maximum number of lessons provided for by the selected subscription, it is considered that the services have been properly provided, and the User does not have the right to a refund.
13. Termination of the Agreement, Termination of Participation in the Agreement
13.1. The User has the right to terminate this Agreement unilaterally by notifying Chessfirst in writing of their intention to terminate the Agreement and the reasons for termination. Chessfirst will consider the matter in accordance with the terms of this Agreement regarding the refund of previously paid funds to the User, equal to the cost of the services not provided by Chessfirst, while retaining Chessfirst's expenses for payment processing.
13.2. In the 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 regarding the quality of the provided services, such a claim will be considered by Chessfirst within 10 calendar days. To receive a refund, the User completes a refund request form provided by Chessfirst, signs it, and sends a scanned copy of the form along with a scanned copy of the User's ID to email@example.com. No form is required to be filled out for refunds to be made to the User's bank account from which the payment was made. Upon refund, the User forfeits the right to any bonus lessons provided but unused since any payments for services or within the framework of marketing campaigns. The User cannot receive a refund for unused bonus lessons.
13.3. In the event that the User decides to resume lessons after terminating the Agreement, the cost of the lessons will be determined in accordance with the prices in effect at the time of resumption. Chessfirst reserves the right to retain the prices in effect before the resumption date if
14. Applicable Law and Dispute Resolution
14.1. This Agreement is governed and interpreted in accordance with the legislation of the Republic of Kazakhstan.
14.2. All disputes and disagreements arising from this Agreement or in connection with its performance shall be resolved through negotiations in the following order:
14.2.1. The affected Party sends a written claim to the other Party via email.
14.2.2. If within 15 (fifteen) calendar days the affected Party does not receive a response or if the Parties fail to reach an agreement, the affected Party has the right to submit the dispute to court.
14.3. Without prejudice to consumers' rights regarding the place of dispute resolution, the Parties agree that if a claim is filed against Chessfirst, it shall be submitted to the jurisdiction of the district court of Astana.
15. Other Provisions
15.1. In the event that any provision of the Agreement is deemed invalid, void, or unenforceable, all other provisions of the Agreement shall remain valid and enforceable to the fullest extent.
15.2. Chessfirst has the right to assign this Agreement to third parties, and the User hereby agrees to such assignment.
15.3. The User is informed and agrees that their homework may be fully or partially reviewed and evaluated.
16. Details and Contacts
16.1. Contact information: firstname.lastname@example.org