Agreement

Public Offer for paid services

  The version of the agreement is valid from June 7, 2024                                Georgia, Tbilisi

This public agreement (hereinafter referred to as the “Offer”, “Agreement”) defines the procedure for the provision of services, as well as the mutual rights, obligations, and the procedure for the relationship between the Individual Entrepreneur NANA KUPREYSHVILI, hereinafter referred to as the “Contractor”, and the Customer of services - an individual who accepted the public proposal (offer) to conclude this Agreement (hereinafter referred to as the “Parties”).

This Agreement is an official offer (public offer) of the Contractor and contains all the essential conditions for the provision of services by the Contractor (hereinafter referred to as the “Services”).

Please carefully read the text of this offer, and if you disagree with any clause of this Agreement, the Contractor invites you to refrain from taking any actions required for acceptance.

 

1. GENERAL PROVISIONS AND TERMS:

1.1. In this Agreement and the relations of the Parties arising or related thereto, the following terms, definitions, and conditions apply:

1.1.1.  Contractor: NANA KUPREYSHVILI

1.1.2. The customer is an adult, legally capable individual who accepted this public offer in his own interest. The Customer is responsible for the accuracy of the information provided.

1.1.3. The Parties accept and agree that if payment for the Services is made by a legal entity / individual entrepreneur, then the Customer is an individual who meets the requirements of clause 1.1.2. of this Agreement, in the interests and on behalf of which the corresponding legal entity / individual entrepreneur acts. Consequently, the Agreement is considered concluded between this Customer (individual) and the Contractor. At the same time, a legal entity/individual entrepreneur acting on behalf of an individual guarantees that they have received all necessary consents (regulated by law) from this individual as the subject of personal data.

1.1.4. Offer (Agreement) - this document

1.1.5. Acceptance of an offer means full and unconditional acceptance by the Customer of the terms of this Offer, carried out in accordance with the provisions of clause 1.2. Offers. Acceptance is recognized as the Customer’s performance of one of the following actions:

- making an advance payment;

- making partial or full payment for the service in the manner provided for in this Offer.

1.1.6. Cost (contract price) - the price (cost) of information and consulting services. The cost of each option of information and consulting services is determined according to a separate tariff and is indicated by the Contractor before payment by the Customer.

1.1.7. A Tariff is a set of informational materials formed by the Contractor, combining various elements to determine the cost, timing, and volume of services provided to the Customer. The Customer selects a Tariff before making payment.

1.2. Acceptance of this public offer occurs when the Customer makes payment for the services in accordance with the terms of this Agreement. Once funds are received as payment for the services provided into the Contractor’s bank account, the agreement is considered concluded between the Customer and the Contractor.

 

2. SUBJECT OF THE AGREEMENT

 

2.1. The subject of this Agreement is the provision of information and consulting services by the Contractor in accordance with the Tariff chosen by the Customer (hereinafter referred to as the “Services”), and the Customer undertakes to pay for these services in full.

2.2. The Contractor undertakes to provide services according to the tariff for information and consulting services agreed with the Customer, in the volume, terms, and at the fee agreed upon between the Customer and the Contractor.

2.3. Tariffs for information and consulting services are detailed in Appendix 1 to this agreement.

2.4. The duration and cost of information and consulting services are agreed upon by the Parties in the messenger chat (WhatsApp or Telegram) where communication takes place between the Customer and the Contractor until the Customer pays for the consulting services.

2.5. The Contractor provides information services personally and/or using third parties. The Contractor may, at its discretion, engage additional specialists to provide additional information services.

2.6. The Contractor has the right to make changes and additions to this Offer, as well as to other documents, at any time.

2.7. All notifications and messages sent by the Customer or the Contractor in instant messenger chats, where communication between the Parties takes place, as well as to the email addresses of the Contractor and the Customer, constitute official correspondence under this Offer.

2.8. Services are considered provided upon the expiration of the specified periods outlined in this Agreement. The absence of any claims from the Customer, submitted in writing to the Contractor within three calendar days from the completion date of any activities or the end of the service provision period within the selected Tariff, confirms the satisfactory quality of the Services offered and acknowledges the Customer's acceptance in terms of quality and volume. Both Parties have mutually agreed that signing an acceptance certificate for the services rendered is unnecessary under this provision.

2.9. Acceptance of the terms of the Offer by the Customer is only possible in full. Partial acceptance of the Offer, as well as acceptance of the Offer under other conditions, is not permitted.

2.10. By paying for the Services, the Customer guarantees that they have read and accepted all the terms of the Offer as outlined in the text of this Offer. Furthermore, they confirm their familiarity with detailed information about the Services provided by the Contractor, including their cost and terms of provision.

 

3. PROCEDURE AND CONDITION OF SERVICES

 

3.1. To receive services, the Customer submits a request through any of the messengers provided by the Contractor. When completing the application, the Customer provides their personal data: full name, age, citizenship, country of residence, and email address.

3.2. After submitting the application, the individual wishing to receive the Service confirms the correctness and reliability of the data provided and expresses a desire to submit an application, while also unequivocally confirming their “consent to the processing of personal data” and agreement with the “Terms of this Offer”.

3.3. By accepting this Offer, the Customer freely, voluntarily, and in their own interest, consents to the Contractor processing the personal data provided by the Customer. Consent is considered revoked in case of early termination of this Agreement for any reason or if the Customer sends a refusal of consent to the processing of personal data via email or messenger.

3.4. In conjunction with the outlined procedure in this section of the Offer, the individual who completed the application containing personal data follows the link or procedure to pay the cost of information and consulting services. Payment is processed through the chosen payment system agreed upon by the Contractor and the customer.

3.5. Information and consulting services are offered in two Tariffs:

- Consultation lasting 45 minutes

- Full support (involving document work, unlimited consultations, assistance with a student visa, obtaining an official invitation from a university)

 

4. 4. TARIFFS AND COSTS OF SERVICES PROVIDED

 

4.1. This Offer provides for 2 main tariffs for payment for Information and Consulting Services:

- Consultation lasting 45 minutes;

- Full support (involving document work, unlimited consultations, assistance with a student visa, obtaining an official invitation from a university)

4.2. The Customer pays 100% of the cost of Information and Consulting Services corresponding to the chosen tariff after submitting an application to the Contractor, including the Customer’s personal data necessary for service provision.

4.3. The customer is informed of the tariffs as follows:

4.3.1. Consultation lasting 45 minutes: 70 USD

4.3.2. Full support (involving document work, unlimited consultations, assistance with a student visa, obtaining an invitation from a university): 208 USD one-time - prepayment for document work, consultations, etc., Post-payment for the service is settled after receiving an official application for admission to study from the university in PDF format (delivered to the Customer by the Contractor). Once the remaining balance is paid, original documents for visa application and an official invitation from the university are dispatched to the client’s address. The post-payment cost varies depending on the chosen program, ranging from 415 to 2000 USD; this cost is communicated by the Contractor to the Customer beforehand.

4.4. The Customer's payment obligation is deemed fulfilled when funds are credited to the Contractor's account and the application containing the Customer's personal data is completed.

4.5. Payment for information and consulting services can be settled using the following payment systems: PayPal, Alipay, WeChat, Bank transfer, using the details provided by the Contractor.

 

 

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

 

5.1. The Customer has the right to:

5.1.1. Make written notes during information and consulting services, receive explanations on the topic of information and consulting services, and receive comprehensive information about the content and procedure for providing Services by the Contractor.

5.1.2. Require the Contractor to uphold the guarantees outlined in the Agreement.

5.1.3. If further cooperation is not feasible for valid reasons, reschedule the receipt of information and consulting services in agreement with the Contractor.

5.1.4. Make independent decisions regarding the need to carry out certain actions recommended by the Contractor as part of the provision of services under this Agreement.

5.1.5. Receive information on any issues related to the provision of Services under this Agreement.

5.1.6. The Customer does not acquire any other rights to use the Information Material, except for the non-exclusive right to familiarize themselves with it.

5.1.7. The use of the content of the Information Material is only permissible within the framework of the functionality provided by this material.

 

5.2. The Customer does not have the right to:

5.2.1. Study technology, decompile, or disassemble intellectual property or any materials included in the services provided under this Agreement.

5.2.3. Provide access to the Information Material and any materials included in the services provided under this Agreement to a third party.

5.2.4. Insult the Contractor, disseminate false information, or information that discredits honor and dignity, or damages the business reputation of the Contractor, including disseminating this information (including by publishing correspondence with the Contractor, their employees, or representatives, publishing negative reviews) online (on social networks, messengers, through any form of mailing, etc.).

 

5.3. The Customer agrees to:

5.3.1. Personally utilize the Services, not transfer them to third parties, and ensure the confidentiality of access to information and consulting services under this Agreement.

5.3.2. Communicate with the Contractor and others involved in executing this Agreement in a courteous and respectful manner.

5.3.3. Independently acquaint themselves with information about the terms, descriptions, and conditions of the services provided. For any queries related to the services under this Agreement, contact the Contractor for clarification by sending a message to the provided email address or through the instant messenger chat used for communication with the Contractor. The lack of inquiries from the Customer indicates their sufficient familiarity with the information regarding the services offered in this Agreement and the conditions of their provision.

5.3.4. Independently configure their computer's software, hardware, and Internet connection and ensure the functionality of the Internet connection to freely utilize all the services offered by the Contractor during the service provision.

5.3.5. Provide accurate and complete data when entering into actions associated with the execution of this Agreement. If the Customer provides inaccurate or incomplete data, the Contractor shall not be liable to the Customer for disclosing any information based on incorrectly provided details to third parties.

5.3.6. Make independent decisions regarding following the Contractor’s recommendations and the extent to which they choose to adhere to these recommendations.

5.3.7. Adhere to the conditions outlined in this Offer, along with any additional conditions.

 

5.4. The Contractor has the right to:

5.4.1. Request payment from the Customer for information and consulting services as per the provisions of this Agreement and refrain from commencing service provision without payment.

5.4.2. Engage third parties in the delivery of Services without prior consent from the Customer.

5.4.3. Modify the dates and times of information and consulting services.

5.4.4. Inform the Customer about these changes by sharing information in the Telegram and WhatsApp chat/channel, and the Customer must independently acquaint themselves with these alterations.

5.4.5. Decline the provision of Services to the Customer if payment for the selected Tariff is not received within the stipulated timeframe.

5.4.6. Utilize the Customer’s review of the Contractor’s services posted on the Internet for publication on the Contractor’s social network pages, including the disclosure of the Customer’s personal data (Last Name, First Name, Patronymic), and a link to the Customer’s social network account.

 

5.5. The Contractor undertakes to:

5.5.1. Provide the Customer with all necessary information about the consultation format before the Customer makes payment.

5.5.2.  Deliver the Services of suitable quality and volume to the Customer within the specified time limits set by the Contractor.

5.5.3.   Not disclose the Customer’s personal data without their consent.

 

6. REFUND PROCEDURE

 

6.1. All refund requests must be submitted in writing to the Contractor's email address: emstudychina@gmail.com.  The application should be completed by the Customer personally, signed, scanned, and then emailed as a scanned copy to emstudychina@gmail.com with the subject "Return Application." The mandatory details to include in the refund application are as follows:

6.1.1. Name of the recipient and applicant's details (full name, passport information, address of residence, telephone number, email address).

6.1.2. The total amount paid for the Services and payment details (date, order ID, payment amount, payment method, email address used for the order).

6.1.3. Reasons for the refund request and a detailed explanation of the claim.

6.1.4. Payment transfer details (recipient's current account number used for the Service payment, recipient's bank name, recipient bank's correspondent account, Bank Identification Code (BIC), recipient's full name). These details should match the information used for payment to the Contractor.

6.1.5. Attachments (payment receipt, passport copy), date, signature, and a transcript.

6.1.6. Confirmation of consent to the processing of the applicant's personal data as stated in the application.

6.1.7. Date of sending the application.

6.2. A photocopy (scan) of the applicant's identification document and the scanned payment receipt indicating the payment should be included with the refund application.

6.3. The Contractor will make a decision to refund or decline within ten business days from receiving the relevant application from the Customer.

6.4. Refunds will be processed back to the Customer's account used for payment within ten business days of the refund decision. The refund amount will deduct the cost of services provided and expenses incurred by the Contractor (taxes, fees, bank commissions, etc.).

The Customer acknowledges and agrees that, along with bank charges and payment system aggregator fees, the Contractor will withhold remuneration for services actually rendered as follows:

- Payment for the "Consultation" tariff of 70 USD is non-refundable.

- Payment for the Full support tariff of 208 USD is non-refundable.

6.5. The Contractor is not responsible for the costs related to transferring funds to the Customer, and the return process follows the payer's details, with deductions for banking and credit organizations and relevant payment system commissions for the selected services.

6.6. The Contractor holds no responsibility for the time frame of funds reaching the Customer's account. The Contractor fulfills their obligation upon transferring the funds to the Customer within the designated period.

 

7. TERM OF THE AGREEMENT

 

7.1. This Agreement comes into effect from the moment of signing and remains valid until the Parties have fulfilled all their obligations.

 

8. RESPONSIBILITY TERMS

 

8.1. In the event of a breach of the terms of this agreement, the parties are liable in accordance with the current legislation of Georgia.

 

8.2. The Contractor is not accountable for the inability to provide services to the Customer due to factors beyond the Contractor's control, such as internet disruptions, malfunctions in the Customer's equipment or software, failures in email delivery services (including instances where the Contractor's emails are marked as Spam), and situations where the Contractor's emails are blocked or if the Customer unsubscribes from notifications. In such cases, the services are deemed to have been adequately provided and are subject to full payment.

 

8.3. The Customer holds exclusive responsibility for making decisions based on all information provided by the Contractor. The Customer assumes full accountability and risks associated with using the information and materials provided by the Contractor in fulfilling obligations under this Agreement. The Contractor does not assure that the content of the services provided in this Agreement will meet the Customer's expectations. The Contractor is not liable for the Customer achieving the desired result, as it depends on the data provided by the Customer, their individual characteristics, personal qualities, as well as the accuracy of the information and documents provided to the Contractor.

 

8.4. The Contractor is not accountable for the life, health, and well-being of the Customer, their financial situation, moral and psychological state, or the outcomes of their actions or inaction. The Customer independently assesses the feasibility of adhering to the Contractor's recommendations. The Customer unequivocally attests that they are entirely responsible for all decisions and actions taken during consultation or full support services. In this case, the decision to follow the Contractor's recommendations or not is made independently by the Customer.

 

8.5. The Customer holds full responsibility for any unauthorized use of the information obtained through the consultation or full support from the Contractor. The Customer unconditionally pledges not to create derivatives or products resembling those produced and provided by the Contractor, nor to disseminate, transfer to third parties, or utilize in any manner, either partially or entirely, the informational material and the content of the consultation or full support, except for personal non-commercial purposes.

 

8.6. The Customer acknowledges that disagreement with the Contractor's methodology and content of the Services does not warrant a refund or quality claims.

 

8.7. The maximum liability of the Contractor under this agreement for any claims related to the contract or its execution is limited to the payment made by the Customer to the Contractor. In such cases, only actual damages, not lost profits, can be recovered from the Contractor.

8.8. If the Customer breaches clauses 3.2 and 3.3 of this Agreement, the Contractor reserves the right to terminate the Agreement with the Customer. Termination will be communicated through the messenger chat or via email at emstudychina@gmail.com. In this scenario, funds paid to the Contractor will not be refunded, serving as a penalty for the Customer's misconduct.

 

8.9. In the event of a violation of any other terms of this agreement, the parties will be held liable in compliance with the current legislation of Georgia.  

 

 

9. COPYRIGHT PROTECTION

 

9.1. The materials comprising the information and consulting services and the direct provision of such Services embody the results of intellectual activity owned by the Contractor, its affiliates, other related parties, representatives, and all individuals acting on behalf of the Contractor.

 

9.2. By utilizing the materials from the Contractor's information and consulting services, the Customer recognizes and agrees that all content and its structure are safeguarded by copyright and other intellectual property rights. These rights are enforceable and safeguarded across all mediums and technologies, both current and future.

 

9.3. When citing the Contractor's materials, the Customer commits to including a reference to the source.

 

9.4.  Should the Customer violate the provisions of this agreement concerning the protection of the Contractor's copyrights, the Contractor reserves the right to demand a fine in the amount of 5529 USD, along with compensation for all damages incurred, including lost profits, in accordance with the regulations of Georgian legislation.

 

10. FORCE MAJEURE POLICY

 

 

10.1. The Parties are relieved from liability for complete or partial failure to fulfill obligations under the Agreement if such failure is due to force majeure events, including but not limited to fire, flood, earthquake, strike, war, government actions, or other circumstances beyond the control of the Parties.

 

10.2. In the event of force majeure circumstances, the Parties must promptly notify each other in writing regarding such circumstances and their causes within 15 calendar days from the onset of the force majeure event upon receiving the notification.

 

10.3. A Party that is unable to meet its obligations under the Agreement due to force majeure circumstances must promptly inform the other Party, providing necessary documentation from relevant authorities within 5 calendar days of the occurrence of the force majeure event.

 

10.4. The Parties mutually agree that party insolvency does not constitute a force majeure event.

 

11. PRIVACY POLICY

 

11.1. The terms of this Agreement and any additional agreements related to it are confidential and should not be disclosed.

 

11.2. The Parties commit to maintaining the confidentiality of such information strictly, refraining from sharing it with third parties without prior written consent from the other Party, except when necessary for the Agreement's purposes or disclosure to the appropriate government authorities in situations specified by law. This provision does not extend to information that is generally known or publicly available.

 

11.3. In the event of a Customer's breach of the Agreement's terms, the Contractor reserves the right to unilaterally terminate the Agreement out of court. Subsequently, the Contractor imposes a fine for breaching confidentiality obligations in an amount equivalent to the service price under the Agreement.

  

 

11. CONTRACTOR’S DETAILS

 

Individual Entrepreneur: NANA KUPREYSHVILI

ID Number: 300360044

Legal Address: Georgia, St. Tbilisi, Nadzaladevi district, Davit Guramishvili avenue, N 62, flat N13

Bank Account (CREDO BANK): GE92CD0360000034635568

CIF Number: 1546616

Phone Number: +8615800975906

Email Address: emstudychina@gmail.com

 

 

 

Appendix No. 1

 

I. Tariff "CONSULTATION"

1. Tariff: “Consultation”

2. Cost: 70 USD

3. Duration: 45 minutes

II. ACCESS TO THE “CONSULTATION” TARIFF

2.1. After completing 100% payment, the Customer will receive information and consulting services.

2.2. In line with this Offer, the Contractor commits to providing services to the Customer who has paid the full 100% cost and submitted the application containing the required personal information.

2.3. The commencement of fulfilling obligations is marked by the start of the consultation.

 

 

I. Tariff “FULL SUPPORT”

1. Tariff: “Full support”

2. Cost: 208 USD one-time payment - prepayment for document work, unlimited consultations, etc.

3. Post-payment for the service is made upon receipt of the official university admission application in PDF format. After the remaining balance is settled, original documents for visa application and an official invitation from the university are dispatched to the client’s address. The post-payment cost varies based on the Customer's chosen program, ranging from 415 USD to 1500 USD.

4. The duration is flexible and allows for rescheduling as agreed upon with the Customer.

5. The Contractor is not liable for the successful document submission to the educational institution; the Customer holds 100% responsibility for the documents.

6. The Contractor is not responsible for passing the interview and/or entrance exam for the educational institution. While preparing the client for these assessments, the Contractor cannot guarantee successful outcomes. The Contractor is not accountable for decisions made by the university.

 

 

 

II. ACCESS TO THE “FULL SUPPORT” TARIFF

2.1. Upon full payment, the Customer will receive information and consulting services.

2.2. As per this Offer, the Contractor commits to rendering services to the Customer who has paid 100% of the cost and completed the application containing the personal data of the applicant.

2.3. The commencement of fulfilling obligations begins with the start of the consultation.