Public agreement of the online store Ditum Academy
This agreement between the Ditum Academy online store, hereinafter referred to as the "Online store," and the user of the online store services, hereinafter referred to as the "Buyer" determines the conditions for the purchase of services through the website of the online store www.ditumacademy.com.
1. GENERAL PROVISIONS
1.1. Товарищество с ограниченной ответственностью «Ditum Group» (далее – Продавец) публикует настоящий договор, являющийся публичным договором – офертой (предложением) в адрес физических и юридических лиц в соответствии со ст. 447 Гражданского Кодекса Республики Казахстан (далее – ГК РК).
1.2. Настоящая публичная оферта (именуемая в дальнейшем «Оферта») определяет все существенные условия договора между Продавцом и лицом, акцептовавшим Оферту.
1.3. This agreement is concluded between the Buyer and the online store at the time of ordering.
1.4. Оферта может быть принята любым физическим или юридическим лицом на территории Республики Казахстан, имеющим намерение приобрести услуги, реализуемые/предоставляемые Продавцом через интернет-магазин, расположенный на сайте www.ditumacademy.com.
1.5. The buyer unconditionally accepts all the conditions contained in the offer as a whole (i.e. in full and without exceptions).
1.6. If the terms of this agreement are accepted (i.e. the public offer of the online store), the individual or legal entity making the acceptance of the offer becomes the Buyer.
1.7. Acceptance is the receipt by the Seller of a message about the intention of an individual or legal entity to purchase a service on the terms proposed by the Seller.
1.8. Оферта, все приложения к ней, а также вся дополнительная информация об услугах Продавца, опубликована на сайте www.ditumacademy.com.
2. ONLINE STORE STATUS
2.1. Интернет-магазин является собственностью Продавца и предназначен для организации дистанционного способа продажи услуг через сеть интернет.
2.2. Online store transactions are governed by an agreement (see below) on the terms of a public offer posted at www.ditumacademy.com. Having made the acceptance of the offer (i.e. payment for the order placed in the online store), the Buyer receives the service under the terms of the Agreement.
2.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
3. BUYER STATUS
3.1. The Buyer is responsible for the accuracy of the information provided when placing the order, and its purity from third-party claims.
3.2. The Buyer confirms his agreement with the terms established by this Agreement by ticking the box "I have read the terms of the Agreement in full, I understand all the terms of the Agreement, I agree with all the terms of the Agreement" when placing an order.
3.3. The information provided by the Buyer is confidential. The buyer, by providing his personal data, registering on the site or filling out an application, gives his consent to the processing of his personal data in order to fulfill the user agreement. The online store uses information about the Buyer solely for the operation of the online store (sending a notification to the Buyer about the execution of the order, etc.) and in the cases specified in this Public Agreement.
4. SUBJECT OF THE OFFER
4.1. The Seller, on the basis of the Buyer's orders, sells the Service to the Buyer in accordance with the conditions and at the prices set by the Seller in the offer and its annexes.
4.2. The provisions of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan dated 04.05.2010 N 274-IV "On Protection of Consumer Rights", as well as other regulatory legal acts adopted in accordance with them, apply to the relationship between the Buyer and the Seller.
4.3. An individual or legal entity is considered to have accepted all the conditions of the offer (acceptance of the offer) and its annexes in full and without exception from the moment the Seller receives a message about the Buyer's intention to purchase the service on the terms proposed by the Seller. In case of acceptance of the offer, an individual or legal entity is considered to have concluded an agreement with the Seller and acquires the status of a Buyer.
5. PROCEDURE FOR CONCLUDING AGREEMENT
5.1. The Buyer can place an order on his own on the website of the online store, or through the manager by the phones indicated on the site, on the terms of the Agreement (public agreement of the online store).
5.2. When placing an order in the online store, the Buyer is obliged to provide information about himself:
- First name and Last name (for individuals in Latin) or full name;
- contact phone number and e-mail of the Buyer of the service.
5.3. The Buyer's expression of will is carried out by the latter entering the relevant data into the order form in the online store or by submitting an application through the manager of the online store or by e-mail.
5.4. The online store does not edit information about the Buyer.
5.5. To receive a paper copy of the Agreement, the Buyer sends an application by e-mail or phone number indicated on the website.
6. SERVICE INFORMATION
6.1. The services are presented on the site through graphic images-samples.
6.2. Each graphic image-sample is accompanied by text information: name, type of service (if necessary), price and description of the service.
6.3. All information materials presented in the online store are for reference only and cannot fully convey information about the services. If the Buyer has any questions regarding the services, the Buyer must, before placing an order, contact the Seller by phone or e-mail indicated on the website.
6.4. At the request of the Buyer, the manager of the online store is obliged to provide (by phone or via e-mail) other information necessary and sufficient, from the point of view of the Buyer, for him to make a decision to purchase the service.
7. PROCEDURE FOR PURCHASING THE SERVICE
7.1. The Buyer has the right to place an order for any service presented in the online store. Each service can be ordered in any quantity. Exceptions to this rule are indicated in the description of each service in case of promotions, withdrawal of services from sale, etc. When purchasing a voucher service for an exam for international certification, you must register and pay at least 2 business days before the start of the exam.
7.2. The order can be placed by the Buyer by the phone numbers indicated on the website, or placed independently on the website.
7.3. After placing the order, the Seller confirms the Buyer's order by sending to the Buyer's e-mail information confirming the acceptance of the order, indicating the name, type of service, price of the selected service and the total order amount, or the online store manager contacts the Buyer by phone.
7.4. If it is not possible to provide the service at the agreed time, the manager of the online store is obliged to notify the Buyer about this (by phone or by e-mail).
7.5. If it is not possible to conduct an online course or exam at the agreed time, the Buyer has the right to agree on a different date for the online course or exam, or cancel the order.
7.6. Online Webproctoring Exam Voucher for ITIL® and PRINCE2® are issued within one business day after payment.
8. PRICE OF THE SERVICE
8.1. The price of the service in the online store is indicated in the service description.
8.2. The price of the service indicated on the website can be changed by the online store unilaterally, while the price for the service ordered and paid by the Buyer cannot be changed. If the amount of the exam for the international certificate has grown on the Peoplecert website (www.peoplecert.org) or the exchange rate of the USD against the KZT has changed by more than 10% percent, the Seller has the opportunity to ask for an additional fee or make a refund. After receiving confirmation of registration for the exam and receiving confirmation from Peoplecert, the service is considered to be provided and the cost of the exam cannot be refunded.
8.3. The total cost of the order consists of the catalog value of the service.
8.4. The cost of services provided to the Buyer by the Seller is indicated on the website of the online store.
9. PAYMENT FOR THE SERVICE
9.1. The methods and procedure for payment for the service are indicated on the website. If necessary, the procedure and terms of payment for the ordered service are negotiated by the Buyer with the manager of the online store.
9.2. In the case of a non-cash form of payment, the Buyer's obligation to pay the price of the service is considered fulfilled from the moment the corresponding funds are credited to the current account specified by the Seller.
9.3. The buyer pays for the order in any way selected in the online store.
9.4. Calculations of the Parties when paying for the order are carried out in USD, RUB, KZT, depending on the country of the Buyer.
10. PROVISION AND RETURN OF SERVICE
10.1. The methods, procedure and terms of provision are indicated on the website. The procedure and conditions for the provision of the service are negotiated by the Buyer with the manager of the online store.
10.2. Providing services for virtual courses (instructor-led courses) by the Seller:
10.2.1. After agreeing on the date of virtual courses and payment for the service, the Seller sends confirmation of the date of the course and provides the virtual training service. The Buyer has the right to refuse the virtual course service at any time before the virtual course is provided and receive a refund. After the virtual training has been completed, the service is considered executed.
10.3. Providing services for online courses (self-paced elearning) by the Seller:
10.3.1. After paying for the service and creating a personal account on the Website, the Seller receives an email with instructions on how to access the elearning course.
10.4. Provision of a service for conducting an international certification exam at the Seller's Center:
10.4.1. After paying for the service and agreeing on the date of the exam for international certification (payment must be made 2 days before the date of the exam), the Seller registers the Buyer in the Peoplecert system and books the dates of the written exam at the Seller's Center. After Peoplecert confirms the exam booking, a written confirmation from Peoplecert is sent to the Buyer and there is no way to cancel the exam and refund the Buyer. Until the moment of registration for the international certification exam at the Seller's Center, the Buyer has the right to refuse the service and receive a refund.
10.5. Providing the service of conducting an online exam for international certification (Peoplecert voucher):
10.5.1. After payment for the service, within 1 business day, we send a voucher from Peoplecert for the online exam (payment must be made 2 business days before the planned date of the exam), the voucher from Peoplecert is valid for 12 months, and the Buyer can independently choose the date of the online exam. Once a voucher from Peoplecert has been issued to the Buyer, there is no way to cancel the voucher and refund the Buyer. Until the voucher is issued, the Buyer has the right to refuse the service.
11. RESPONSIBILITY OF THE PARTIES
11.1. The parties are responsible in accordance with the legislation of the Republic of Kazakhstan.
11.2. The Seller is not responsible for damage caused to the Buyer due to the failure to pass the exams ordered in the online store.
11.3. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under the contract for the duration of the force majeure.
12. OTHER CONDITIONS
12.1. The legislation of the Republic of Kazakhstan applies to the relationship between the Buyer and the Seller.
12.2. If necessary, the Seller and the Buyer have the right to conclude a service agreement at any time in the form of a written bilateral agreement that does not contradict the provisions of this offer.
12.3. В случае возникновения вопросов и претензий со стороны Покупателя, он должен обратиться в ТОО «Ditum Group»: по e-mail: firstname.lastname@example.org.
12.4. This agreement comes into force from the date of acceptance by the Buyer of this offer and is valid until the Parties fulfill their obligations in full.
12.5. All disputes and disagreements arising from the fulfillment of obligations by the Parties under this agreement shall be resolved through negotiations. If it is impossible to eliminate them, the Parties have the right to apply for judicial protection of their interests.
12.6. Интернет-магазин оставляет за собой право расширять и сокращать предложение услуг на сайте, регулировать доступ к покупке любых услуг, а также приостанавливать или прекращать продажу любых услуг по своему собственному усмотрению.