Public offer agreement on providing paid services

Republic of Belarus, City of Vitebsk 27th February, 2017

1. General Provisions

1.1. This Public Offer Agreement (hereinafter - Agreement) determines the order of services provided by Educational Establishment "Vitebsk State Order of Peoples' Friendship Medical University", hereinafter referred to as the "Contractor", represented by the Vice-rector of Educational Work, Professor N. Yu. Konevalova, acting under the power of attorney № 36 - 09/78 dated 4 January 2017, at the one hand, and the Consumer (individual person), who has accepted the public offering (offer) to conclude the present Agreement, hereinafter referred to as the "Customer", on the other hand, collectively referred to as "Parties".

1.2. This Agreement, available on Contractor’s official website http://www.vsmu.by (hereinafter – Contractor’s site), is a public offer (in accordance with Article 405 and item 2 of Article 407 of the Civil Code of the Republic of Belarus), intended for indefinite range of persons to conclude this Agreement (it.2 of Art.407 of the Civil Code of Belarus).

1.3. The fact, confirming the acceptance of this Agreement by the Customer is a payment for services determined by this Agreement in accordance with amount of service fee specified on Contractor's site (it.3 of Article 408 of the Civil Code of Belarus). Having accepted this Agreement means that the Customer fully agrees with all provisions of the Agreement.

1.4. This Agreement, while observing the procedure of its acceptance, shall be deemed concluded in writing (it. 2, it. 3 of Art. 404 and it. 3 of Art.408 of the Civil Code of Belarus).

1.5. This Agreement is an official document and is available on Contractor’s website.

2. Subject of the Agreement

2.1. The Contractor undertakes to render services in providing access to learning and teaching materials as electronic teaching packages (ETP) in the distance learning system (hereinafter - DLS) with educational and methodological support (hereinafter - services).

2.2. Optionally, the services to the Customer are provided in English or Russian languages, including trainers’ advisory assistance on relevant disciplines in the DLS in synchronous or asynchronous modes.

2.3. The duration of services is 6 months, provided that the training will be completed no later than 1st August of the current calendar year.

2.4. On Customer’s request, the training may be reduced for a period of not less than 3 months.

2.5. The Contractor ensures an access to educational materials to the Customer only within the period of services provided.

2.6. In order to accept the offer, the Customer has to agree with the conditions of the Agreement, to fill out the registration form available on Contractor’s website, and to pay the services fee defined by this Agreement. The Customer bears the responsibility for truthfulness and accuracy of the information specified in the registration form. Parties’ obligations and rights

3.1. The Contractor undertakes:

3.1.1. To register the Customer in an electronic file upon obtaining from him the completed registration form posted on Contractor’s website.

3.1.2. To provide the Customer with authentication data (username and password) in the DLS, as soon as the Customer has paid the service fee.

3.1.3. To provide training and methodological support to the Customer by means of trainers’ advisory assistance on relevant disciplines in synchronous or asynchronous modes.

3.1.4. To carry out monitoring and quality assessment of services provided in the DLS.

3.1.5. To post the information on the website about the conditions of rendered services, their list and cost, as well as any price changes.

3.1.6. To ensure confidentiality the information, the Customer personal data provided when filling in the registration form, except where access to such information is required by the law of the Republic of Belarus.

3.1.7. To provide advisory assistance to the Customer by phone and/or e-mail on issues that might arise in connection with the rendered services, during the working time from 8.00 to 17.00 (except the lunch hour from 13.00 to 14.00, weekends and state holidays of the Republic of Belarus) .

3.1.8. To maintain technical support: DLS platform administration, ensuring the stable operation of the DLS server, user registration, setting up the feedback with trainers.

3.2. The Contractor has the right:

3.2.1. To amend and supplement the clauses of this Agreement without prior approval with the Customer, with subsequent posting of these amendments and additions on Contractor’s site prior to their coming into effect.

3.2.2. To send information to the Customer via electronic mailing lists, with indicated Customer’s e-mail.

3.2.3. To suspend or terminate the provision of services in case the Customer violates the conditions of this Agreement, as well as if the information provided by the Customer in the registration form is not consistent with reality.

3.2.4. To change on scheduled or unscheduled bases the technical specifications and parameters of the software and hardware involved in providing services, if such changes are aimed at maintaining the functionality of software and hardware or to improve their functioning, including temporary (up to two days) suspension of rendering services.

3.3. The Customer undertakes:

3.3.1. To complete the registration procedure on Contractor's site and provide complete, accurate and reliable information during the registration procedure in accordance with the registration form.

3.3.2. To comply with the terms of this Agreement, as well as duly and fully observe the DLS operating instructions.

3.3.3. To pay the service fee in the manner and amount specified in this Agreement.

3.3.4. To carry out an independent study of the academic discipline content in accordance with the curriculum, work programs, and methodological guidelines using the distance learning information database (electronic textbooks, reference books, chrestomathies, test knowledge control system, posted on courses and/or electronic teaching package (hereinafter - ETP), as well as other training materials available.

3.3.5. Do not copy, take a photo, disperse and transfer any learning and teaching materials and ETP to third parties, not to use them for any commercial purposes.

3.3.6. To ensure safety and confidentiality of the information received from the Contractor (logins and passwords, Contractor employees’ mobile phone numbers, etc.).

3.3.7. Do not carry out any activities aimed at undermining the network security, disruption of Internetembedded software and hardware tools, network-based attacks on all the resources available through the Internet, organizing mass mailings of advertising or other nature (spam), publication and dispersing the information which content is contrary to current legislation of the Republic of Belarus.

3.4. The Customer has the right:

3.4.1. To receive from the Contractor the services paid in accordance with the terms of this Agreement.

4. Cost of services

4.1. Cost of services rendered under this Agreement shall be set by the Contractor and posted on
Contractor’s site.

4.2. The Contractor has the right to unilaterally revise the cost of service provided. If the Customer has fully paid service fee acting at the time of payment, the cost of such services for the Customer will not be changed within the terms of paid services.

4.3. The effective date of change in the cost of services is the date posted on Contractor’s website or the date indicated in posted on Contractor's site information.

5. Order of payment

5.1. The Customer pays the service fee under this Agreement in US dollars by transferring funds to Contractor’s bank account by 100% advanced payment.

5.2. The Customer shall pay for the ordered services through the Internet - acquiring.

5.3. Upon granting access to the Customer by transferring data for authentication (login and password) in the DLS, the Contractor does not refund the money to the Customer.

6. Liability of the Parties

6.1. For non-performance or improper performance of its obligations under this Agreement the defaulting party shall be liable in accordance with applicable legislation of the Republic of Belarus, with the specifications set forth herein.

6.2. The Contractor is released from liability for damages directly or indirectly incurred by the Customer as a result of full or partial use or inability to use the services in the following cases:

-if losses are caused due to the replacement, repair or adjustment of equipment, software or other works, caused to maintain the operability of software and hardware of the Contractor, subject to prior notification of the Customer not less than one day;
-if losses are caused due to actions or inactions of third parties, or because of malfunction of telecommunication channels, data networks, information resources and services, as well as breakdown (failures) in electrical power or computer networks located outside the Contractor-owned resources or which operation the Contractor is not able to influence on;
- if losses are caused due to errors or malicious components in the software used on Contractor’s servers or other Internet servers, as well as in the software used by the Customer;
- if losses are caused due to non-compliance with data confidentiality or other private information by the Customer, and also due to the unauthorized access to Customer's specifications or information resources
by third parties.

6.3. The Parties under this Agreement strongly agree that the maximum amount of damages that can be ecovered from the Contractor, is limited to the amount paid by the Customer for services, nonperformance or improper performance of which resulted in losses incurred.

6.4. Contractor’s limitation of liability specified in it. 6.3 of this Agreement can not be applied in cases when:

liability for such type of obligation or for such violation has been defined by the current legislation of the
Republic of Belarus;
non-performance or improper performance of the obligations under this Agreement by the Contractor is
the result of its direct intent.

6.5. The Customer bears full responsibility for any actions taken in using of Internet resources of the Contractor and (or) Contractor's services, as well as for the consequences of such actions.

6.6. The Customer takes full responsibility in accordance with the current legislation of the Republic of Belarus for possible copyright infringement, transfer to third parties, printing of training and teaching materials of distance learning courses and ETP, as well as their use in any commercial purposes.

6.7. The Customer is solely responsible for the correctness and timeliness of payments, in executing the instructions and recommendations to use Contractor's website, governing the services provided.

7. Force Majeure

7.1. The Parties are relieved from responsibility for partial or complete failure to perform its obligations under this Agreement if it is caused by force majeure (acts of God), which arose after the conclusion of this Agreement as a result of extraordinary events, which the Parties could neither foresee nor prevent by reasonable measures.

7.2. In the event of force majeure, preventing the fulfillment of obligations under this Agreement, the term to fulfill such obligations by the Parties shall be extended according to the time of such circumstances, as well as the time required to eliminate these consequences, but not more than sixty calendar days.

7.3. If the above circumstances continue to be in force for more period specified in it. 7.2 of this Agreement, or when the Parties understand that these circumstances will continue for the longer period, the Parties shall discuss the possibility of alternative methods to execute this Agreement or to terminate it without compensation of losses.

8. Disputes, other conditions

8.1. All disputes and disagreements related to the execution of this Agreement, the Parties agree to resolve through negotiations. Should the Parties fail to reach an agreement, the dispute shall be reviewed in the court in accordance with the legislation of the Republic of Belarus.

8.2. On all matters not covered by this Agreement the Parties shall be governed by the applicable laws of the Republic of Belarus.

8.3. The effective date of this Agreement is the date when the money for services has been transferred on Contractor’s bank account with the mandatory registration form filled out by the Customer at Contractor's site.

8.4. The evidence that confirms the provision of services by the Contractor is an access provided to the Customer by transferring data for authentication (login and password) in the DLS after Customer’s funds have been arrived to Contractor’s bank account.

8.5. Should any technical issues arise, the Customer can refer to the Contractor during its working hours from 8.00 to 17.00 (excluding lunch hour from 13.00 to 14.00, weekends and state holidays of the Republic of Belarus) by e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. or by telephone +375 212 551 088, on operational issues - on This email address is being protected from spambots. You need JavaScript enabled to view it. or by telephone +375 212 601 449.
9. Contractor details

Educational Establishment "Vitebsk State Order of Peoples' Friendship Medical University"

Legal address: Frunze Ave, 27, Vitebsk, 210009, Republic of Belarus

Tel: +375 212 601449, 242240,

e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Bank details:

Bank account 3632903000338, branch # 200, ASB "Belarusbank", MFO 150801635,

OKPO code 018968892000, TIN 300002704

Address: 10-B, Lenina Str., Vitebsk, 210603, Republic of Belarus

Round seal affixed (in words):

“Educational Establishment “Vitebsk State Order of Peoples' Friendship Medical University”

Vice-rector of Educational Work, Professor

/signed/ N.Yu. Konevalova