Public Offer Agreement for Distance (Online) Learning Services

PUBLIC OFFER

This agreement for the provision of distance (online) learning services in working with data and related technologies (hereinafter — the “Agreement”) takes effect upon acceptance of this public offer of the online academy Digitelia Academy (hereinafter — the “Academy”) by any interested legal entity or natural person (hereinafter — the “Student”). The “Academy” and the “Student” are hereinafter jointly referred to as the “Parties”.

1. Definitions

1.1. “Agreement” — the agreement for the provision of Services concluded between the Academy and the Student on the terms of this Offer.

1.2. “Academy Website” / “Website” — the automated information system available on the Internet at https://digitelia.co/, including all course pages (in particular https://digitelia.co/course-ai-digital-marketing/ and https://digitelia.co/course-ai-product-builder/), and related internet platforms to which the Academy provides Students access for training.

1.3. “Order” — the terms for the provision of Services agreed by the Parties through the Student performing the actions listed on the relevant page of the Website or their Personal Account that are required to accept this Agreement.

1.4. “Services” — Courses on working with data and related technologies.

1.5. “Course” — distance learning that includes: access to video lectures, homework assignments, and Q&A or mentorship sessions with the Instructor by means of software.

1.6. “Q&A Session” — a question-and-answer session with the Course Instructor, held according to a set schedule.

1.7. “Mentorship” — completing the Course with the support of an Instructor, including building an individual learning plan and support in solving tasks.

1.8. “Instructor” — the person who directly records the video lectures, creates and reviews homework assignments, and conducts sessions with Students.

1.9. “Rules” — the rules for providing the Services, including the Privacy Policy published at https://digitelia.co/privacy-policy/, and the Payment Terms published at https://digitelia.co/payment-terms/.

1.10. “Terms” — the present terms and conditions.

2. Acceptance and Subject of the Agreement

2.1. Under this Agreement, the Academy undertakes to provide the Student with Services for conducting Courses, and the Student undertakes to accept these Services and pay for them in accordance with the terms provided by this Agreement.

2.2. Upon the Student’s payment for the Courses, the Student is deemed to have accepted this Agreement in full, without any reservations or exceptions (the Student’s acceptance). If the Student does not agree with any of the provisions of this Agreement, they have no right to use the Services.

2.3. This Agreement takes effect from the moment the Student expresses agreement with its terms in the manner provided by clause 2.2 of the Agreement. After it takes effect, the Agreement may be amended by the Academy without any special notice. A new version of the Agreement takes effect from the moment it is posted on the Website and applies from the moment of such posting, unless otherwise provided by the new version of the Agreement.

3. Rights and Obligations of the Parties

3.1. The Academy undertakes to:

3.1.1. Provide the Services to the Student within the timeframe agreed by the Parties in accordance with the terms of this Agreement.

3.1.2. Use confidential information about the Student only for the learning process, and not transfer or disclose it to third parties.

3.1.3. Provide the Student with access to a personal account: a) with access to viewing video lectures and completing homework assignments; b) with any other information at the Academy’s discretion.

3.1.4. Timely provide the Student with the necessary educational and methodological materials and feedback.

3.1.5. Provide oral and written consultations to the Student on their additional questions. The complexity of the question, and the scope and timeframe of the consultation, are determined in each specific case by the Academy’s administration at its own discretion.

3.2. The Academy has the right to:

3.2.1. Independently determine teaching methods.

3.2.2. Require payment for the Services from the Student.

3.2.3. Refuse to provide services to the Student. Refunds for unused Services are made in the manner provided by clause 7 of this Agreement.

3.2.4. Receive from the Student any information necessary for the provision of the Services.

3.3. The Student undertakes to:

3.3.1. Pay for the Services in the manner provided by clause 6 of this Agreement.

3.3.2. Not disclose confidential information and other data provided by the Academy in connection with the performance of this Agreement, and not reveal or disclose such information (except for publicly available information) to any third party without the prior written consent of the Academy.

3.3.3. Attend classes within the Course in accordance with the established schedule. Changes to the schedule are agreed in advance with the Academy’s administrator and the Instructor (for Q&A sessions and Mentorship).

3.3.4. Follow all the recommendations of their Instructor to achieve the maximum result during the Course.

3.3.5. Inform the Instructor and/or the Academy’s administration of problems that arise during the provision of the Services (for example, low results, an inappropriate level of workload, etc.), so that causes can be identified and the situation corrected in a timely manner.

3.4. The Student has the right to:

3.4.1. Request from the Academy’s administration information on matters relating to the organization of their training.

3.4.2. Require the proper and timely conduct of the Courses and individual sessions.

3.4.3. Discontinue further training at any time.

3.4.4. Make changes to the established schedule as agreed with their Instructor.

3.4.5. Suspend the learning process in the manner provided by clause 4 of this Agreement.

3.4.6. Contact the Academy’s administration on all matters related to training.

3.4.7. Receive complete and accurate information about the assessment of their knowledge, abilities, and skills.

4. Suspension of the Learning Process

4.1. The Student may suspend classes by notifying the Academy’s administration by email, telephone (call), or through the Student’s Account, and receiving confirmation of the suspension of the learning process from the Academy’s administration.

5. Cost of Services

5.1. Information on the cost of the Services and the available training formats is on the page of each Course: AI Digital Marketing and AI Product Builder.

6. Payment Procedure

6.1. The Student may pay for the Services on the Academy’s Website independently or request payment assistance from the Academy’s administrator.

6.2. Payment methods can be found on the Academy’s Website at: https://digitelia.co/payment-terms/, or obtained from the Academy’s administrator.

6.3. The Student is obliged to make payment no later than 24 hours before the set start time of the Course. Otherwise, the Academy has the right to refuse the Student participation in the Course.

7. Refunds for Unused Services

7.1. The terms and procedure for refunds for the Services are governed by a separate document, the “Refund Policy”, published at https://digitelia.co/refund-returns/, which is an integral part of this Agreement.

8. Liability

8.1. In the event of repeated or gross violation of the terms of this Agreement, the Academy reserves the right to cease providing the Student with Services and to refuse to conclude a new Agreement with the Student.

8.2. The Student acknowledges that the Academy is not responsible for the functioning of the software by means of which the Services are provided, nor for the provision of communication services.

8.3. The Academy’s liability is in any case limited to compensation for the actual damage caused to the Student in an amount not exceeding the paid cost of the Services under this Agreement.

8.4. The Student has no right to demand a refund for Services that have been used, if they were provided properly. The Student’s low results in training cannot be a reason for a refund for used Services.

9. Force Majeure

9.1. The Parties are released from liability for full or partial non-performance of obligations under this Agreement if the non-performance was a consequence of force majeure, namely: fires, floods, earthquakes, strikes, wars, illness, death, actions of state authorities, or other circumstances beyond the control of the Parties.

9.2. A Party that is unable to fulfill its obligations under this Agreement must, in a timely manner but no later than 60 calendar days after the onset of the force majeure circumstances, notify the other Party in writing, providing the relevant documents issued by the competent authorities.

9.3. The Parties agree that the insolvency of a Party is not a force majeure circumstance.

10. Other Terms

10.1. By mutual agreement, the Parties may apply special terms (confirmed in writing) that differ from the Terms of this Agreement.