Public Offer Agreement

1. General Provisions

1.1. This document is a public offer addressed to any natural person aged 18 (eighteen) or over to enter into a contract for the provision of services for a fee with Skills Up Limited, a company incorporated in Hong Kong (Business Registration No. 79371456-000-12-25-5), hereinafter the “Provider”, on the terms set out below.

1.2. A person who accepts the terms set out below becomes the Customer, and the Agreement is concluded at that moment. Please therefore read the text of this public offer carefully. If you do not agree with any provision of this offer, the Provider asks you to refrain from using the services.

1.3. To accept this offer, the Customer must select a service from those listed on the website https://azatnurgaleev.com (the “Website”) and pay for it.

1.4. Payment for a service on the Website constitutes full and unconditional acceptance of the terms of this offer and the conclusion of a contract between the Customer and the Provider on the terms set out below.

1.5. Upon performance, this Agreement also serves as the act of acceptance of the services rendered. The services are accepted by the Customer without signing a separate act.

1.6. The Provider reserves the right to amend the terms of this Offer unilaterally by publishing the amendments on the Website. The version of the Offer in force at the time of payment applies to a service already paid for.

1.7. The Provider and the Customer confirm that they each have the legal capacity required to enter into and perform this Agreement.

2. Definitions and Terms

2.1. Offer — this public offer agreement for the provision of services to the Customer for a fee.

2.2. Website — the website https://azatnurgaleev.com, on which this Offer is published.

2.3. Services — the services provided by the Provider, the content and terms of which are described on the Website.

2.4. Acceptance of the Offer — full and unconditional acceptance of this public Offer by taking the steps to obtain a Service and to pay for it. Customer — a person who has accepted this Offer on the terms set out in it.

2.5. Agreement — this agreement between the Customer and the Provider for the provision of the Services, concluded by Acceptance of this Offer.

2.6. Account — the section of the Website available to the Customer after registration, through which access to the purchased Services is granted.

2.7. Subscription — a Service granting recurring access to the materials of the Website, taken out for one month and renewed automatically. The Subscription has two tiers, “Basic” and “Club”; the contents of each are described on the Website.

2.8. Reference Pack — an archive of reference photographs purchased as a one-off and made available for download in the Account.

2.9. Session — an individual online meeting between the Customer and the Provider (mentorship). The formats, duration and prices of Sessions are stated on the Website.

3. Subject of the Agreement

3.1. The subject of this Offer is the provision to the Customer of information and consulting services aimed at developing the Customer’s artistic skills, in accordance with the description of the service selected by the Customer from those listed on the Website.

3.2. The scope, format, duration and access period of each Service are described on its page on the Website and form an integral part of this Agreement.

3.3. The Services are provided online, using the Internet.

4. Scope of the Services

4.1. The “Basic” Subscription gives the Customer access to the archive of video lessons, the weekly assignment with its review, and the recordings of the live streams.

4.2. The “Club” Subscription gives access to everything included in the “Basic” Subscription, and in addition to the mini-courses, the reference packs and participation in the marathon. The mini-courses are not sold separately and are provided only as part of the “Club” Subscription; marathon participation can also be purchased separately under the plans of a run (clause 4.6).

4.3. Reference packs are purchased as a one-off. The download link becomes available in the Account after payment and remains available to the Customer indefinitely, including after the Subscription ends.

4.4. Sessions with the Provider are purchased individually or as a package of meetings. The date and time of a Session are chosen by the Customer from the available slots in the schedule on the Website.

4.5. The Provider may add to and update the materials included in the Subscription. The scope of access is determined by the Subscription tier in force at the time the Service is provided.

4.6. Marathon participation is purchased once per run under the plans published on the marathon page: the “Marathon streams” plan opens the streams, the programme and the recordings of the run without other Subscription materials; the “With Azat’s feedback” plan additionally opens, for the duration of the run, everything included in the “Club” Subscription, plus a weekly live review of the Customer’s work by the Provider; the number of seats on a plan may be limited. For a Customer who took out the “Club” Subscription before the end date of the run, the “Club” Subscription is renewed after the run at the reduced price stated on the marathon page for as long as the subscription is not interrupted.

5. Price and Payment

5.1. The prices of the Services and the payment procedure are stated on the Website. On this version of the Website prices are displayed and charged in US dollars. Prices may be changed by the Provider at its discretion; the price applicable to a purchase is the price displayed at the moment of payment.

5.2. Payment is made on a prepayment basis via WooshPay (including international Visa / Mastercard cards processed through WooshPay). A Service is deemed paid upon the Provider’s receipt of confirmation of a successful payment.

5.3. An order-confirmation email does not in itself constitute confirmation of payment or conclusion of the Agreement if payment has not been received.

5.4. Access to a Service is granted by the Provider after payment has been received from the Customer.

5.5. Any bank or payment-system fees and any currency-conversion costs are borne by the Customer.

5.6. The Customer’s bank card details are not transferred to and not stored by the Provider: the payment is processed by the payment service.

6. Subscription and Automatic Renewal

6.1. The Subscription is taken out for one month and is renewed automatically: payment is charged once a month until the Customer switches automatic renewal off.

6.2. The Customer may switch automatic renewal off at any time in the Account. Switching automatic renewal off does not terminate access: it remains in place until the end of the period already paid for.

6.3. At the end of the paid period, access to the Subscription materials is closed. One-off Services purchased earlier, including reference packs, remain with the Customer.

6.4. An upgrade to a higher Subscription tier is arranged as a separate payment and grants access from the moment of payment. A downgrade to a lower tier takes effect from the beginning of the next paid period: the month already paid for runs out on the previous tier.

6.5. If a payment fails, the Provider may suspend access to the Subscription materials until payment is received.

7. Sessions with the Provider

7.1. A slot in the schedule is reserved for the Customer once the Session has been paid for.

7.2. The Customer may reschedule a paid upcoming Session to another available time without assistance no later than 24 (twenty-four) hours before it starts. The number of such self-service reschedules is limited and is shown to the Customer in the Account. In all other cases, rescheduling is agreed with the Provider.

7.3. Rescheduling a Session gives rise to neither additional payments nor refunds.

7.4. A Session missed at the Customer’s own initiative is deemed rendered and is not subject to refund.

7.5. If a Session is canceled at the Provider’s initiative, the Provider undertakes to reschedule it to another time or to refund the Customer the value of the canceled Session. The Provider undertakes to notify the Customer of the cancellation no later than 1 (one) day before the scheduled date.

7.6. The Customer is responsible for providing everything required to connect: software, devices for accessing the Internet and a stable Internet connection.

8. Refund Policy

8.1. If the Customer withdraws from the Agreement before the provision of the Service has begun, the Provider refunds the full amount paid.

8.2. The Customer may withdraw from the Agreement at any time while the Service is being provided. The refund is calculated as at the date the refund request is received: the value of the unused part of the Service is refunded, while the part already provided is non-refundable.

8.3. For a Subscription, the refund is calculated using the formula A = P − (P / T × N), where A is the amount to be refunded to the Customer; P is the amount paid by the Customer for the Subscription period in question; T is the total number of days in that period; and N is the number of days of the period elapsed at the time the request is submitted.

8.4. A reference pack is deemed provided in full from the moment the Customer is given access to download the archive, since the entire volume of materials has been delivered to the Customer. From that moment the amount paid for the reference pack is non-refundable.

8.5. For Sessions, the value of meetings paid for but not yet held is refundable. Meetings that have taken place, and meetings missed at the Customer’s own initiative, are deemed rendered and are not subject to refund.

8.6. The date of termination of the Agreement at the Customer’s initiative is the date on which the notice of unilateral withdrawal is submitted to the Provider.

8.7. The notice of unilateral withdrawal from the Agreement must be made in writing and sent to the Provider by email to hello@azatnurgaleev.com. The notice must contain the Customer’s bank details. The Provider undertakes to refund the amount provided for by this Agreement within 30 (thirty) days.

8.8. Where the refund periods provided for by the Agreement are observed, no interest accrues on the amounts refunded to the Customer.

8.9. Where the Services cannot be provided through the fault of the Customer, the Provider’s services are payable in full. This refund policy is without prejudice to any mandatory consumer-protection rights the Customer may have under the laws of their country of residence.

9. Provision of the Services

9.1. The Provider undertakes to provide the Services in accordance with the description published on the Website.

9.2. Access to a Service is granted in the Customer’s Account after payment.

9.3. The Customer undertakes to provide accurate registration data and is responsible for the security of their Account credentials. Granting third parties access to the Account is prohibited.

9.4. The Provider may engage third parties to perform the Services — payment services, hosting, file-storage and video-delivery providers — while remaining responsible to the Customer for the provision of the Services.

9.5. The Provider may suspend access to the Services if the Customer gives third parties access to the Account or passes on materials from the Website.

10. Intellectual Property

10.1. The Customer is informed that all materials provided by the Provider (including video recordings, texts, images, assignments, reference photographs and demonstration materials) are protected by copyright. The Customer undertakes not to transfer or distribute those materials and not to use them to derive profit.

10.2. The Customer is informed that, where the Provider’s intellectual property rights are infringed, the Provider may require the infringing use to stop and may claim compensation for the infringement, together with any other remedy available under the applicable law, in an amount determined by the court according to the nature of the infringement.

10.3. The Customer undertakes not to reproduce, repeat, copy, sell or otherwise use for any purpose the information and materials made available in connection with the provision of the Services, except for personal use by the Customer alone, without granting access to third parties in any form.

10.4. Drawings and other works created by the Customer from the photographs in a reference pack may be published, exhibited and sold by the Customer. The photograph files themselves may not be resold, distributed or made publicly available.

10.5. The Customer agrees that the Provider may publish works created by the Customer on the Website and on other information resources for promotional or other purposes, including when preparing materials for the provision of the Services. In doing so, the Provider credits the Customer as the author of the work.

11. Personal Data

11.1. By accepting this Offer, the Customer consents to the processing of their personal data for the purpose of providing the Services, in accordance with the Personal Data Processing Policy published on the Website.

12. Liability

12.1. The Services are provided on an “as is” basis. The Provider does not guarantee any specific artistic, commercial or career result, as such a result depends on the Customer’s own effort.

12.2. To the maximum extent permitted by applicable law, the Provider’s aggregate liability is limited to the amount paid by the Customer for the relevant Service.

12.3. The Provider is not liable for failures caused by the Customer’s equipment, internet connection, or third-party services.

12.4. No diplomas or completion certificates are issued in connection with the Services.

13. Final Provisions

13.1. The parties agree that all legally significant communications may be sent by email. The email address for communications to the Provider is hello@azatnurgaleev.com. The email address for communications to the Customer is the address given by the Customer when registering on the Website.

13.2. The parties undertake to inform each other of any change of email address within a reasonable time.

13.3. This Agreement is governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, which also govern any matter this Agreement does not settle.

13.4. The Customer undertakes to monitor the publication of this offer agreement on the Website and any amendments to it.

13.5. The parties shall first seek to resolve any dispute arising out of this Agreement through negotiation under a claim procedure, with 30 (thirty) days to respond to a written claim from the date of its receipt.

13.6. Failing an amicable settlement under the claim procedure, the dispute is subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region, including where the Customer is located outside Hong Kong.

13.7. If any provision of this Agreement is held to be invalid, the remaining provisions remain in full force and effect.

13.8. The Customer’s payment for a Service confirms acceptance of all the terms of this Agreement.

Provider’s Details

Company

Skills Up Limited

Incorporated in

Hong Kong SAR

Certificate of Incorporation No.

79371456

Business Registration No.

79371456-000-12-25-5

Registered office

Flat/Rm 511, 5/F, Ming Sang Industrial Building, 19–21 Hing Yip Street, Kwun Tong, Kowloon, Hong Kong

Email

hello@azatnurgaleev.com

Website

https://azatnurgaleev.com

Ways to get in touch are listed on the “Contacts”. How we handle your data is set out in the Privacy Policy.