PUBLIC OFFER FOR THE CONCLUSION OF A SERVICE AGREEMENT AND LICENSE AGREEMENT
1. GENERAL PROVISIONS
1.1. This Agreement is an official offer (public offer) by self-employed professional Iuliia Medvedeva, hereinafter the "Provider," to enter into an agreement on the terms set out below with any individual, hereinafter the "Client."
IMPORTANT: do not enter your contact information until you have read this Offer in full. All products and services of the Provider are intended to provide information needed to take correct, consistent action on the topics offered by the Provider — independently and/or with the Provider's support, where included in the selected package. The Services do not guarantee a result without effort on the part of the Client. If you disagree with these terms and conditions (in whole or in part), do not accept this Offer.
1.2. This public offer is addressed to an indefinite range of persons to enter into an agreement in accordance with Article 1336 of the Italian Civil Code. The subject of the agreement is the provision of information and consulting services, as well as the grant of a license to use copyright-protected materials. The agreement is concluded on the terms set out below and in accordance with Articles 1321, 1326, 1341, 1342, 2575 et seq. of the Italian Civil Code.
1.3. In accordance with the principle of freedom of contract under Article 1322 of the Italian Civil Code, this agreement is a mixed agreement combining an offer for information and consulting services with a license agreement for the use of the Provider's audiovisual and other protected works. The agreement does not require a bilateral signature and is deemed concluded and legally binding on both parties from the moment the Client accepts the offer.
1.4. A person who accepts this public offer acquires all rights and obligations of a Client with respect to the services provided, and of a Licensee with respect to the rights to use access to the Provider's audiovisual works.
1.5. Acceptance of the offer is carried out by the Client through the following sequential actions:
1.5.1. Selecting a Service by clicking the "Buy" button (or a button with a different label serving the same purpose, e.g., "Order," "Submit Request," "Make a Deposit," "Purchase," "Reserve a Spot," etc.) on the relevant page of the Website where the Service is sold;
1.5.2. Entering the Client's details into the order form that appears on the Website after selecting the Service, including the Client's name, email address, and mobile phone number, as well as any other information required by that order form;
1.5.3. Clicking the "Pay" button (or a button with a different label serving the same purpose) in the completed order form. By clicking this button, the Client confirms that they are a fully legally capable individual, and that they have read this Agreement, understand its terms, agree to them, and accept them unconditionally and in full;
1.5.4. Paying the cost of access to the Service by completing the relevant payment form and all actions necessary to transfer to the Provider, by bank transfer, the full cost of the service specified on the Website. Payment may be made via online payment processing services or other methods listed as available on the Website. The date of payment is the date the corresponding funds are credited to the Provider's account or that of another party designated by the Provider. All costs associated with payment (bank fees, payment processing fees, etc.) are borne by the Client.
1.6. Acceptance of this Offer means that the Client has reviewed the terms of this agreement and the description of the Service on the Website to the extent necessary, and acknowledges the unconditional suitability of the Service and the Website for performing the actions and achieving the purposes that are the subject of this Agreement.
1.7. Acceptance of this offer means that all of its terms are accepted by the Client fully and without reservation or limitation. Acceptance also confirms that the Client has reviewed all terms of the Agreement, that all terms are clear to the Client, that the Client has exercised their right to obtain from the Provider any clarification on any question regarding the terms of the Agreement, and that the terms of the Agreement fully correspond to the Client's intent, needs, and requirements.
1.8. By accepting this offer, the Client confirms that the Provider's remote provision of services using software (hereinafter "Software") fully corresponds to the Client's ability to use services provided in this manner.
1.9. The current offer agreement is always available at: https://emigrantista.com/offer/
1.10. In this agreement, unless the context clearly requires otherwise, the following terms have the meanings given below:
1.10.1. Agreement – this offer agreement, published on the Internet, and, where necessary, sent for review by any means of electronic communication, or provided for review by any other means.
1.10.2. Software – a specialized program for viewing pages on the Internet (browsers such as Internet Explorer, Firefox, Google Chrome, and similar) used to access information resources, and other programs used to process information provided.
1.10.3. Website – the collection of information, texts, graphic elements, design, images, photo and video materials, and other results of intellectual activity, as well as computer programs, belonging to the Provider and presented in the form of web pages at: https://emigrantista.com/
1.10.4. Website Visitor – a person who visits a page of the Website without the intention of obtaining a service.
1.10.5. Client, User, Licensee – a person who visits a page of the Website and accepts the terms of this Offer, wishing to receive a service and pay the fee under the license agreement offered on the Provider's Website.
1.10.6. Services – the Provider's information and consulting services in the form of information products, including: online courses, webinars, materials, instructions, consultations, and conferences held by the Provider or organized by the Provider. The scope and composition of each Service package is specified on the relevant sales page/website.
1.10.7. Service Package – a set (combination) of various types of Services and the Provider's methodological/educational materials, aimed at helping the Client complete the Provider's information and consulting program.
1.10.8. Consultation – feedback provided regarding the correctness and completeness of the Client's understanding of the Provider's information and consulting materials.
1.10.9. Online Course / Course – the Provider's program consisting of one or a series of lessons on a specific topic, delivered remotely (via the Internet) in the form of video conferences (webinars), video recordings, audiovisual works, or materials provided electronically in accordance with the terms of this agreement.
1.10.10. Webinar – (i) a video presentation of a training program (practical training, educational course) with the Provider's commentary; or (ii) a real-time broadcast of the Provider's presentation using special software, as well as video lessons recorded by the Provider under this Agreement. During a webinar, the Client, where technically possible, may ask questions on the webinar topic via the webinar room's chat or other means of Internet communication.
1.10.11. Methodological Materials – templates, checklists, document forms, assignments in text, graphic, or any other form, and other materials created or used by the Provider in the course of providing services under the Agreement.
1.10.12. Conference – online presentations organized by the Provider with the participation of other speakers, aimed at informing Clients on topics chosen by the Provider.
1.10.13. Homework – an assignment given by the Provider to the Client to help the Client properly reinforce material covered, provided by the Provider as part of the Client's selected Service package.
1.10.14. Work – the result of the intellectual activity of an author (the Provider or another person). Protected results of intellectual activity created by the author (including parts and fragments of any length) placed on the Website, as well as materials provided to the Client under this Agreement as part of the Client's selected Service package.
1.10.15. Platform – an automated system for conducting training or delivering information interactively, used by the Provider to provide services under the Agreement, the exclusive rights to which belong to a third party (e.g., https://telegram.org/, https://pruffme.com, https://zoom.us, and others).
1.10.16. Audiovisual Work (hereinafter "AVW") – a fixed series of related images (with or without accompanying sound) intended for visual and auditory (where accompanied by sound) perception using appropriate technical devices (including video clips, recordings of presentations, etc.), as protected under Italian copyright law (Legge 22 aprile 1941, n. 633, and subsequent amendments). AVW refers to all content placed on the Website and the Provider's training platform and provided to the Client under a non-exclusive license and the provision of services.
1.10.17. Image – a photographic work or a work obtained by a method analogous to photography; a work of visual art, or any graphic design, a reduced copy of which is contained in the relevant appendix to the Agreement.
1.10.18. Right to Use Copyright and Related Rights (License Agreement) – the right to use Works and/or audiovisual products (AVW) and/or Images on a non-exclusive license basis, in the manner and to the extent established by this agreement, in accordance with Article 2575 et seq. of the Italian Civil Code.
Under this agreement, the Provider's permitted methods of use include: – viewing the AVW, Images, and Works using a personal computer or other electronic device, – solely for the Client's personal use, – an unlimited number of times during the period the Service is provided, – without the right to copy, reproduce, modify, distribute, or publicly display.
Such a license is granted for the duration of the Services, according to the option selected by the Client, and is limited to the territory of the European Union, unless otherwise stated in the terms of the offer.
1.11. All other terms and definitions used in this Agreement are interpreted by the Parties in accordance with the laws of the Italian Republic and generally accepted practice for the use of relevant terms in the field of internet services and digital technology.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the paid provision to the Client of information and consulting services, including the Provider's informational materials, participation in online events (webinars, conferences), and the paid provision of materials and audiovisual content (AVW) in mp4 format or as links for viewing, as well as informational materials in pdf format (instructions, notes, checklists, step-by-step plans, etc.), under a non-exclusive license agreement.
All Services are provided in accordance with the laws of the Italian Republic, including, where relevant, provisions governing the remote provision of services and copyright (Articles 1321 et seq. and 2575 et seq. of the Italian Civil Code).
2.2. The Client pays for the Services, and the Provider undertakes to provide such Services and access to training materials in accordance with the Client's selected Service Package.
2.3. The package of information and consulting services includes:
2.3.1. The granting of access to the Provider's information resources, located on any of the Provider's platforms and consisting of recordings of presentations.
2.4. The topics, programs, cost, and composition of the Service packages offered by the Provider, as well as the Client registration form on the Provider's page/website, are posted on the relevant sales page/website for that Service.
2.5. Depending on the tariff selected by the Client on the sales website, the Service package may also include feedback from the Provider to the Client, in the form of verbal answers to the Client's questions and/or other informational support during the relevant Service package. The scope and type of feedback are determined by the Service package selected and paid for by the Client.
2.6. The Service is provided by the Provider remotely via the Internet, by granting access to the Provider's platform through software installed on the Client's end device, unless otherwise specified on the sales page/website for the relevant Service.
3. TIMING OF SERVICE PROVISION
3.1. Services under this agreement are provided within the timeframes specified for each particular Service provided by the Provider. The timeframes for providing services are determined by the Provider and posted on the sales page/website, or in the Client's personal account upon registration on the Provider's training platform.
3.2. Access to the information and consulting materials of the Client's selected Service package, and to additional materials, remains available to the Client for the periods specified on the sales page/website for the relevant Service.
3.3. The Client is not entitled to request a postponement of the timeframe for paid services under this agreement by submitting supporting documents (e.g., hospitalization certificates, natural disaster certificates, or other events preventing the Client from receiving services in the relevant conference stream).
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Provider undertakes to:
4.1.1. Provide the Services properly and within the timeframes established for the Client's selected Service package.
4.1.2. Provide the Client with access credentials to the Provider's platform by sending a link to the Client's email address or messenger (Telegram, WhatsApp) one day before the conference start date.
4.1.3. Provide technical support for the platform, domain name, database, and other functionality made available to the Client.
4.1.4. Comply with European legislation regarding the processing, transfer, and protection of the Client's personal data.
4.1.5. Inform (notify) the Client, where possible, of additional terms and upcoming changes in the provision of Services (schedule, rescheduling of classes, etc.) by posting relevant information in the closed section of the website and/or by email to the address provided by the Client at the time of payment.
4.1.6. Review the Client's refund request and make a decision on it within 10 (ten) calendar days of receipt.
4.2. The Provider is entitled to:
4.2.1. Independently determine the forms and methods of providing Services, taking into account applicable law and the specific terms of this Agreement.
4.2.2. Decline to provide services to the Client in the event of non-payment for the selected Service by the due date, or non-payment of a subsequent installment where the Provider offers an installment plan.
4.2.3. Require the Client to act in good faith, and to treat other conference participants and the Provider personally with respect.
4.2.4. Amend the terms of this Agreement unilaterally, without prior agreement with the Client. All changes take effect immediately for both parties. Changes will not affect the price of a Service Package already selected and paid for by the Client.
4.2.5. Make changes to the program and to the information and consulting materials provided under this Agreement, unilaterally change the schedule for posting information and consulting materials, feedback sessions, and other consultations (without changing their established frequency), and modify or supplement lesson content and assignments while maintaining the scope, purpose, and outcome established for the specific Service package.
4.2.6. Update the content, functionality, and user interface of the website and broadcasting software at its own discretion. The Provider may notify the Client of such changes by posting information on the website and/or by email to the address provided by the Client at the time of payment.
4.2.7. Unilaterally terminate this agreement in the event of a material breach of its terms by the Client. In this case, amounts paid by the Client are non-refundable and are treated as contractual liquidated damages for the Client's conduct.
A material breach of this agreement includes any infringement of copyright protected under the laws of the Italian Republic, including, without limitation, a single violation of clauses 4.3.8 and 4.3.9 of this agreement.
4.2.8. Engage third parties to provide services under this agreement. The Provider is not liable for the unlawful acts of third parties in the course of providing services under this agreement, but will make every effort to protect the Client's rights and interests.
4.2.9. Block the Client's ability to receive feedback or comment on video lessons, without a refund, in the event the Client violates conduct rules while receiving services under this agreement — namely: inciting ethnic conflict, distracting participants from the webinar topic, spamming, posting advertising, using offensive language, rudeness, calling for distrust, or insulting the Provider or other program participants. In such cases, the Provider may restrict and/or remove the Client from the Support Chat.
4.2.10. Block the Client's participation under the conditions specified in clause 4.2.7, temporarily or until the end of the program, notifying the Client by email with an explanation of the reasons.
4.2.11. Make audio/video recordings of the training program while providing Services.
4.2.12. Suspend access to information resources for preventive maintenance, no more than once per 14 (fourteen) consecutive days.
4.3. The Client undertakes to:
4.3.1. Pay for the Services under this Agreement, and the fee for the use of AVW under the license agreement, in a timely manner within the established timeframes.
4.3.2. Independently review the information on the website regarding the selected Service, its timeframes, program, and terms of provision.
4.3.3. Have a personal computer or other portable (mobile) device with Internet access, equipped with headphones and a microphone, and with the software necessary and sufficient to receive the purchased Service.
4.3.4. Follow the established schedule of the selected Service package program, and comply with the Provider's recommendations and requirements in the course of receiving services under this agreement.
4.3.5. Ensure their direct participation in consultations, Zoom calls, webinars, and mastermind sessions, where included in the selected Service package.
4.3.6. Provide the Provider with accurate and up-to-date information necessary to receive information and training materials and for prompt communication in connection with services under this agreement, namely: first and last name, a valid email address, and a contact phone number.
4.3.7. Follow the rules of conduct during feedback sessions and webinars, and show respect to the Provider and other participants in the training program.
4.3.8. Refrain from aggressive behavior while receiving services, refrain from disrupting the Provider or other Clients in the provision/receipt of Services, refrain from statements (oral or written) unrelated to the training topic, refrain from posting negative statements or reviews about the Provider's services on social media during a conference, refrain from calling for distrust in the Chat, and refrain from otherwise disseminating information that damages the Provider's business reputation.
4.3.9. Refrain from using information received from the Provider in ways that could cause or that do cause harm to the Provider's interests.
4.3.10. Refrain from recording, distributing (publishing, posting on websites, copying, transmitting, or reselling to third parties), for commercial or non-commercial purposes, the information and materials provided by the Provider to the Client under this agreement, from creating information products based on it for commercial gain, and from using this information in any way other than for personal use.
4.3.11. Refrain from disclosing to third parties, and maintain the confidentiality of, passwords for accessing the personal account in the closed section of the website and in the special software used by the Provider to organize services under this agreement, and maintain the confidentiality of links to view conferences received from the Provider under this agreement.
4.3.12. Refrain from modifying the software of the website used to provide Services, and refrain from any action aimed at altering the functioning or operability of the website.
4.3.13. Refrain from posting on the website the personal data of third parties without their consent, including home addresses, phone numbers, or ID document details.
4.3.14. Refrain from posting commercial advertising, commercial offers, promotional material, or any other unsolicited information on the website, except where agreed with the Provider.
4.3.15. Refrain from attempting to bypass, disable, or otherwise interfere with any security-related features of the Website, or features that prevent or restrict the use or copying of any Work of the Provider, or that impose restrictions on the use of a Work.
4.3.16. Refrain from using or running any automated system (including, without limitation, any bots, crawlers, or automated readers) that accesses the Website in a manner that sends more requests to the Provider's servers, over a given period, than a user could reasonably send in the same period using a standard, unmodified web browser.
4.3.17. Refrain from collecting or extracting any personal data about any user of the Website.
4.3.18. Access Works solely for personal, non-commercial use, exclusively for "Streaming" — meaning the continuous digital transmission of Works over the Internet to a device used by the Internet user/Client for real-time viewing, not intended for downloading (permanent or temporary), copying, storage, or subsequent distribution by the user.
4.3.19. Refrain from copying, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, or otherwise using any Work for any other purpose without obtaining the Provider's prior written consent.
4.4. The Client has the right to:
4.4.1. Require proper performance by the Provider of its obligations under this agreement.
4.4.2. Receive information on any matter related to the organization of Services under this agreement.
4.4.3. Unsubscribe from email communications by clicking the "Unsubscribe" link in any email sent to the Client, or, to opt out of any type of mailing, by sending a request to the email address specified on the Provider's website or in this Offer.
4.4.4. Obtain access to materials/AVW after payment for services and licensed access to the Provider's training platform.
4.4.5. Obtain access to webinars, recordings, and information, consulting, working, and methodological materials that are the Provider's intellectual property, for the period specified in the tariffs posted on the Provider's sales page.
4.4.6. Terminate this agreement by notifying the Provider before the end of the service period. In this case, the Client must compensate the Provider for the cost of services actually rendered, expenses incurred, and the licensed access to the Provider's materials already granted.
This right is exercised in accordance with Articles 1373 and 2227 of the Italian Civil Code, as well as applicable consumer protection legislation (including Legislative Decree 206/2005, where applicable).
5. PROCEDURE FOR PROVIDING SERVICES
5.1. If the Client fully agrees to all terms of this agreement, the Client completes all required fields of the order form on the Provider's Website for the purchase of the Service. The Client is responsible for the accuracy of the information provided.
5.2. The Provider does not modify or edit the Client's registration information without the Client's consent, and is not responsible for the content or accuracy of information provided by the Client when placing an order.
5.3. The Provider provides Services under this agreement in accordance with the Service package selected by the Client.
5.4. Services are provided by the Provider only on a prepayment basis, made by the Client in accordance with the terms of this offer.
5.5. Consultation support services are provided to the Client during the period for which, under this Agreement, the Client is granted the right to access the Provider's resource, in accordance with the Service package selected by the Client.
5.6. After concluding the Agreement and paying for the Services, the Provider provides the Client with Services remotely via the Provider's Website/Platform, and/or via the address of an internet venue used for online broadcasts, the address of which is specified on the Website or on a similar service (the "internet venue"). After payment, the Client receives access to the Provider's platform and/or internet venue where the Services will be provided in accordance with the selected Service package. Access is limited to the right to view webinar sessions, to receive the Provider's materials on the webinar topic, or subsequently to view a recording of the broadcast on the specified resource, and, in some cases (specified on the Website), the right to participate in discussions with organizers and/or other participants online.
5.7. If a Service cannot be provided on the scheduled date, the Provider will notify the Client one business day before the scheduled date and reschedule the Service. Notice will be given by posting information on the Provider's website and/or associated social media, SMS, by phone at the number provided by the Client at payment, or by another method chosen by the Provider.
5.8. For webinars/online conferences that include access to the closed section of the Provider's website where information and consulting materials are posted, the necessary instructions are provided by the Provider 24 hours before the time specified on the sales page/website for the relevant Service.
5.9. Information on the time and place of a webinar for the Client's direct participation is provided by the Provider to the email address specified by the Client at payment.
5.10. For separate online events such as a masterclass or mastermind, information on time and place is sent to the Client's email address specified at payment (registration for the event). This email is sent by the Provider immediately upon receipt of payment for the relevant Service, and again on the day of the event, no later than 1 (one) hour before the scheduled time.
5.11. For video recordings of webinar materials (AVW) intended for the Client's independent study, access is provided by the Provider within 24 hours of receipt of payment, by sending access credentials for the closed section of the Provider's website where the materials are posted.
5.12. The Provider's Services are considered fully rendered under the following conditions:
5.12.1. Services granting access to information and consulting materials and/or AVW are considered fully rendered once the Client has been given access to the Provider's platform, by sending the relevant link to the Client's email address or messenger (Telegram, WhatsApp).
5.12.2. Consultation support services are considered fully rendered upon expiry of the period during which, under this Agreement, the Client was entitled to receive consultation support in accordance with the selected Service package. The Client's failure to exercise this right does not affect the fact that the service was rendered.
5.13. Upon expiry of the period for which access to a Service package is granted, no certificate of services rendered is prepared or signed. Services are considered properly rendered and accepted by the Client in full from the moment the Client connects to the platform.
5.14. The Provider is not responsible for any discrepancy between the Service provided and the Client's expectations and/or the Client's subjective assessment; such a discrepancy or negative subjective assessment is not grounds to consider the Services improperly rendered or rendered in an insufficient scope.
5.15. The Provider is not responsible for the achievement of any results connected with the practical application of information provided in the course of rendering services under the Agreement. Any recommendations given in the course of providing services under the Agreement are followed by the Client at the Client's own risk.
5.16. For the Client's informational support, depending on the Service package paid for, a chat is created in Telegram, WhatsApp, or another messenger chosen by the Provider. The chat operates from 9:00 to 18:00 CET (Central European Time). For violation of chat conduct rules, the Client may be removed from the Support Chat.
5.17. The Provider grants access to the selected Service package after receiving payment for the Services in full. If the product is free, access is granted once the Client has met the Provider's conditions for providing that product.
6. RIGHTS TO USE AVW (LICENSE AGREEMENT)
6.1. The Provider (Licensor) hereby grants the Client (Licensee) the right to use AVW/Images/Works worldwide. AVW/Images/Works are provided to the Client (Licensee) on a non-exclusive license basis. The non-exclusive license is granted for the period of access to the Client's selected Service package.
6.2. The right to use the AVW/Image/Work is deemed granted to the Client (Licensee) from the date this public offer is accepted.
6.3. Payment by the Client (Licensee) of the fee to the Provider (Licensor) for the use of rights to AVW/Images/Works is made as part of payment for the Provider's services and amounts to the sum specified on the sales page/website. The fee is not itemized as a separate payment. Payment is made in accordance with Section 7 of this public offer.
6.4. The Provider (Licensor) warrants to the Client (Licensee) that:
6.4.1. The grant of rights under this Agreement does not infringe the rights of third parties.
6.4.2. At the time of concluding this Agreement, the Provider (Licensor) is not bound by any agreement that could in any way prevent the full or partial exercise by the Client of all rights arising from the Agreement.
6.4.3. Concluding this Agreement and performing all obligations under it does not conflict with any other obligations undertaken by the Provider, and there is no other legal basis preventing the Provider from concluding this Agreement and performing its obligations.
6.5. The Client (Licensee) warrants to the Provider (Licensor) that:
6.5.1. Use of the AVW/Images/Works under this agreement will be carried out only in the manner provided for in this public offer, i.e., personal viewing using a computer or other device solely for personal purposes, an unlimited number of times during the period Services are provided.
6.5.2. The Client will ensure timely payment to the Provider (Licensor) of the fee provided for in clause 6.3 of this Agreement.
6.6. In the event of a property claim by third parties related to the Client's (Licensee's) use of AVW/other Works under the terms of this Agreement, the Provider (Licensor) undertakes to resolve all such claims independently and at its own expense, thereby relieving the Client (Licensee) of any resulting losses, and, in the event of losses, to compensate them in full.
6.7. In all matters not covered by this agreement regarding the use of rights to AVW, Images, and other Works, the Client (Licensee) and the Provider (Licensor) act and are liable in accordance with the laws of the Italian Republic, including the Italian Civil Code and copyright legislation (in particular, Legge 22 aprile 1941, n. 633 "On the Protection of Copyright" and subsequent amendments).
7. COST OF SERVICES AND PAYMENT PROCEDURE
7.1. The cost of Services under this agreement is specified on the sales page/website and may be changed by the Provider unilaterally at any time. The new price takes effect from the date of publication and does not apply to services already paid for at that time. The cost of the service includes the fee for the rights to AVW/Images/Works.
7.2. Payment for the selected service is made by the Client by transferring funds to the account of the Provider or a party authorized by the Provider, in accordance with the payment system selected on the sales page/website, as 100% prepayment, or, by agreement of the parties, on an installment basis provided by the Provider or a partner bank.
7.3. Payment is made by bank transfer, cash at any bank branch, payment systems, electronic money, or other methods specified by the Provider on the sales page/website.
7.4. Payment is deemed made once funds are credited to the Provider's account or that of any party authorized by the Provider.
7.5. By concluding the Agreement on the terms of this Offer, the Client agrees to receive a single payment receipt marked "Paid in Full" upon payment of the full cost of the Services.
8. TERMS AND PROCEDURE FOR REFUNDS
8.1. The Client may request a refund for a purchased Service package at any time before the provision of Services begins and/or before access is granted to the Provider's training platform and materials provided to the Client under this Agreement.
8.2. The Client may withdraw from the agreement and request a refund; only amounts corresponding to services not yet rendered to the Client are refundable. This provision does not apply to the fee under clause 6.3 of this agreement, which is refundable only if the Client was not granted the corresponding access to materials/AVW.
8.3. All requests, claims, and complaints, as well as refund requests, are accepted only as a scanned image of a document personally signed by the Client, sent to: contact@emigrantista.com
8.4. Refund requests must include: • the name of the addressee and the applicant's details; • the amount paid for Services, the date of transfer, and a copy of the payment document; • the reasons for withdrawing from the agreement; • bank details for the refund; • supporting attachments, if needed to confirm any facts relevant to the refund; • date, signature, and printed name.
8.5. All requests and attachments are reviewed only as a copy of the document image in PDF or JPEG format.
8.6. If the agreement is terminated early after the Client has already received access to Services and materials, no refund will be made.
8.7. When deciding on a refund, the Provider may withhold part of the cost of Services to cover actual costs incurred as of the date the refund request is received.
Actual costs incurred by the Provider include, in particular: — costs for software used by the Provider in the training process or for third-party services, — the cost of bonus materials (at the price at the time the Service package was purchased), — fees charged by banks, credit institutions, and payment systems for processing the refund.
If the Client did not use the materials provided, or did not participate without documented valid reasons in webinars organized by the Provider, the cost of such materials and services will also be included among the Provider's costs, due to circumstances beyond the Provider's control.
8.8. If the Client was granted access to all training materials of their selected Service package, the services granting access to materials/AVW will be considered fully rendered.
8.9. A decision on a refund or refusal to refund is made by the Provider within 10 (ten) calendar days of receiving the relevant request.
8.10. Funds approved for refund are returned to the account from which payment was made, within 10 (ten) calendar days after the refund decision.
8.11. If a refund request is approved, the Client's access to materials ends within 1 (one) business day of the date the Provider sends the Client the refund decision. Such a refund request is also deemed a withdrawal of the previously given acceptance.
8.12. If a third party paid for the Provider's services, any refund is processed based on a request from the Client and the third party, to the details of the third party used for payment. Once the Provider refunds the funds to the third party's account, the obligation to refund the Client is deemed fulfilled from the moment the funds are debited from the Provider's account. The parties resolve independently any further questions arising after the refund to the account of the third party who paid for the Provider's services.
9. LIABILITY OF THE PARTIES
9.1. In the event of a breach of the terms of this agreement, the Parties are liable in accordance with the laws of the Italian Republic, including the Italian Civil Code and other applicable regulations.
9.2. The Provider is not liable for the inability to provide services to the Client for reasons beyond the Provider's control, namely: internet, equipment, or software failures on the Client's side, or failures of email delivery services, including emails from the Provider being placed in the "Spam" folder. In such cases, the services are considered properly rendered and payable in full.
9.3. No information, materials, and/or consultations provided by the Provider in the course of rendering services under this agreement may be considered a guarantee of achieving any result, as this fully depends on the Client's own actions, personal qualities, and the speed and quality with which the Client applies the knowledge and materials received from the Provider.
9.4. Decisions made on the basis of any information provided by the Provider are within the Client's exclusive discretion. The Client assumes full responsibility and risk associated with the use of information and materials provided by the Provider in the course of performing its obligations under this Agreement.
9.5. The Parties are released from liability for non-performance or improper performance of obligations under this agreement during force majeure. During this time, the parties have no mutual claims, and each party bears its own risk of the consequences of force majeure circumstances. The Provider must notify the Client of such circumstances by posting information on the Website and/or by email to the address provided by the Client at payment, and the Client must send the Provider an email to contact@emigrantista.com with the subject line "Force Majeure."
Force majeure circumstances are understood by the Parties to mean: fire, flood, earthquake, strikes and other natural disasters, war and military action, and the entry into force of legal acts preventing performance of obligations.
9.6. The Provider's aggregate liability under this agreement, for any claim relating to the agreement or its performance, is limited to the amount paid to the Provider by the Client. Only actual damages, not lost profits, may be recovered from the Provider.
9.7. The Provider is not liable for any discrepancy between the services provided and the Client's expectations.
9.8. If a violation of the Provider's copyright is established, the Client undertakes to pay the Provider contractual liquidated damages in the amount of EUR 3,000.00 (three thousand euros). Payment of this penalty does not release the Client from any additional liability under the laws of the Italian Republic, including Law No. 633 of 22 April 1941 "On Copyright."
10. PERSONAL DATA
10.1. In the course of concluding and performing this Agreement, the Provider processes the Client's personal data as the data controller, in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Italian data protection law.
10.2. Full details on the categories of data processed, the purposes and legal basis for processing, retention periods, the Client's rights as a data subject, and how to exercise those rights, are set out in the Provider's Personal Data Processing Policy, available at emigrantista.com/en/privacy-policy, which forms an integral part of this Agreement.
10.3. By accepting this Offer, the Client confirms that they have reviewed the Personal Data Processing Policy referred to in clause 10.2.
11. COPYRIGHT PROTECTION
11.1. The website through which the Provider's Service is sold or directly provided, and the Provider's platform, contain results of intellectual activity belonging to the Provider, its affiliates, and other related parties, representatives, and all other persons acting on the Provider's behalf.
11.2. By using the Provider's website and/or platform, the Client acknowledges and agrees that all content of the website and the structure of its content are protected by copyright and other intellectual property rights, and that such rights are valid and protected in all forms, on all media, and in respect of all technologies, whether currently existing or developed or created in the future. No rights to any content of the Provider's website, including, without limitation, audiovisual works, text and graphic materials, computer programs, or trademarks, are transferred to the Client as a result of using the website or concluding this agreement.
11.3. When quoting materials from the Provider's website, the Client undertakes to include a link to that website.
11.4. If the Client breaches the provisions of this agreement relating to protection of the Provider's copyright, the Provider may, in addition to the penalty established in clause 9.8 of this Agreement, demand compensation for all damages incurred, including lost profits.
12. FINAL PROVISIONS
12.1. The Client enters into this agreement voluntarily, and: • has fully reviewed the terms of this agreement by marking a special checkbox in the form on the Provider's website at the time of placing the order; • fully understands the meaning and consequences of their actions in concluding and performing the agreement.
12.2. The Client has all rights and authority necessary to conclude and perform this agreement.
12.3. This agreement takes effect from the moment of the Client's acceptance in accordance with clauses 1.5 and 1.6 of this agreement, and remains in effect until the end of the period for provision of the Service package and/or until the end of the period of access to AVW/Images/Works under the non-exclusive license, and, with respect to financial matters, until the parties' obligations are fully performed.
12.4. On all matters not regulated by this agreement, the Parties are governed by the laws of the Italian Republic.
12.5. All disputes and disagreements between the Parties are resolved through negotiation. A pre-litigation (claim) procedure for dispute resolution is mandatory.
A Party that receives a claim must send a written response on the outcome of its review within 10 (ten) business days of receipt.
If the Parties fail to reach agreement within this period, the dispute is to be submitted to the competent court of the Italian Republic at the place of registration of the Provider, in accordance with applicable Italian law.
12.6. A court's finding that any provision of this agreement is invalid or unenforceable does not invalidate its other provisions.
12.7. By this Agreement, the Parties confirm that, in performing this Agreement and in correspondence between the Parties, the use of facsimile signatures is permitted. The Parties confirm that all notices, messages, agreements, and documents exchanged in the performance of obligations arising from this Agreement, signed by exchanging electronic documents containing a scanned handwritten signature of the Parties, have legal force and are binding on the Parties, provided that authorized email addresses are used.
12.8. The Parties acknowledge that all notices, messages, agreements, documents, and letters sent using authorized email addresses and the Personal Account are deemed sent and signed by the Parties, except where such letters expressly state otherwise.
12.9. The Parties' authorized email addresses are: for the Provider: contact@emigrantista.com; for the Client: the email address provided at the time of purchasing the Service.
12.10. The Parties undertake to maintain the confidentiality of information and data necessary to access the Client's authorized email address, and not to disclose or transfer such information to third parties. The Parties independently determine the procedure for restricting access to such information.
12.11. Until the Provider receives information from the Client about a breach of confidentiality, all actions and documents carried out and sent using the Client's authorized email address and Personal Account, even if performed and sent by other persons, are deemed to have been carried out and sent by the Client. In this case, the Client bears the corresponding rights, obligations, and liability.
12.12. The Parties have established that screenshots of email correspondence or messenger correspondence, conducted using the details specified in this Agreement in performance of this Agreement, constitute sufficient and admissible evidence to confirm the facts stated therein.
12.13. By providing an email address and/or phone number, the Client grants permission to send emails and/or SMS messages, including of a promotional nature. The Client may unsubscribe from these at any time.
PROVIDER DETAILS Iuliia Medvedeva MDVLIU80B46Z135E P.IVA 10641890966 Via Dei Calchi Taeggi, 27, Milano, MI, 20152, Italy