Ilchishin Petr Georgievich, hereinafter referred to as the "Executor," concludes this Public Contract for the provision of paid services with any individual, hereinafter referred to as the "Customer."
The contract is an agreement for the provision of paid tourist services by the Executor through the website susanintours.com, concluded by public offer, and regulates the procedure for providing such services and the obligations of the Parties.
The text of this Contract is posted by the Executor on the Internet on the website at: https://susanintours.com/public-offer/en. The Parties, guided by part 2 of article 398 of the Civil Code of the Kyrgyz Republic, have concluded this Contract as follows:
1.Subject of the Contract
1.1. In accordance with this Contract, the Executor undertakes to provide, and the Customer undertakes to pay the Executor a fee.
1.2. The order for tourist services is provided by the Executor through the site Susanintours.com.
1.3. The following terms and abbreviations are used in this Contract:
1.3.1. Site – the website located on the Internet at www.susanintours.com. 1.3.2. Personal Account – a set of protected pages of the Site created as a result of the Customer's registration and accessible by entering their authentication data (email address and password) into the designated fields on the Site.
1.3.3. Invoice – invoice, bill, price agreement protocol, or other similar document that specifies the cost of services, and, if necessary, the payment terms. All terms and definitions used in this Contract apply equally to terms in singular and plural forms, depending on the context.
1.4. The Customer may use tourist services under the conditions of the Contract throughout the entire period specified on the Site.
1.5. As part of this Contract, the Executor does not provide individual consultations to the Customer unrelated to the subject of the contract.
2.Procedure for Concluding the Agreement and Providing Access
2.1. This Agreement is a public contract, under which the Executor commits to provide services to an indefinite number of individuals (Customers) who seek their provision.
2.2. The placement of the text of this Agreement on the Site constitutes a public offer by the Executor addressed to an indefinite number of persons to conclude this Agreement (Clause 1, Article 386, Clause 2, Article 398 of the Civil Code of the Kyrgyz Republic).
2.3. The conclusion of this Agreement is made by the Customer joining this Agreement, i.e., by accepting (acquiescing to) the terms of this Agreement in their entirety, without any conditions, exceptions, or reservations (Article 387 of the Civil Code of the Kyrgyz Republic).
2.4. The fact of acceptance (acquiescence) of the terms of this Agreement by the Customer is the payment made by the Customer for the services ordered in accordance with the procedure and terms defined by this Agreement. If the Customer pays for the services ordered using credit funds provided by the relevant bank, the fact of acceptance (acquiescence) of the terms of this Agreement by the Customer is the conclusion of the corresponding agreement with the bank for the payment of the Executor's services (Clause 3, Article 399 of the Civil Code of the Kyrgyz Republic).
2.5. By accepting this public offer in the manner specified in this Agreement, the Customer agrees to all the terms of the Agreement as they are stated in the text of this Agreement and is regarded in accordance with the Civil Code of the Kyrgyz Republic as a party that has entered into contractual relations with the Executor based on this Agreement. In this regard, according to Clauses 2 and 3 of Article 395, Clause 3 of Article 399 of the Civil Code of the Kyrgyz Republic, this Agreement is recognized as concluded by the Parties in writing.
2.6. After completing the actions specified in Clause 2.4 of the Agreement, the Executor provides the Customer with a full package of tourist services according to the information specified on the tour or service website.
3.Rights and Obligations of the Parties
3.1. The Executor is obliged to:
3.1.1. Provide the Customer with all necessary services for organizing and conducting the tour and any other services agreed upon by the parties.
3.1.2. Provide informational support to the Customer regarding the services provided and/or the functioning of the Site on working days from 09:00 to 18:00 (until 17:00 on Fridays and on working days that are shortened according to the legislation of the Kyrgyz Republic). Support questions are to be directed by the Customer to the email address: susanintours@gmail.com.
3.1.3. In case of discovering errors/issues in the operation of the Site, caused by the Executor or due to the Executor's fault, to rectify the discovered errors/issues at their own expense.
3.1.4. Process refunds of the amounts paid by the Customer in cases and under the conditions provided for in the Agreement.
3.2. The Contractor has the right to:
3.2.1. Make changes to the terms and routes of the tours, as well as to the rules for providing services, with mandatory prior notice to the Customer.
3.2.2. Involve third parties to fulfill this Agreement without coordination with the Customer.
3.2.3. Request information and documents from the Customer, necessary for the proper performance of obligations under this Agreement.
3.2.4. Change the cost of services under the Agreement by posting the current prices on the Site.
3.2.5. Temporarily suspend the operation of the Site for the necessary planned preventive and repair work on the Contractor's technical resources.
3.2.6. Substitute third parties involved in fulfilling the obligations under the Agreement.
3.3. The Customer undertakes to:
3.3.1. Pay for the services within the time frames and under the terms established by the Agreement, as agreed in the invoices and/or as agreed by the Parties through messages in the Personal Account.
3.3.2. Provide timely complete and accurate information necessary for the rendering of services (including when registering on the Site).
3.3.3. Use the functionality of the Site and access exclusively for personal or other non-commercial purposes.
3.3.4. Ensure the confidentiality of the login and password to their Personal Account, and not to disclose access data to third parties.
3.3.5. Promptly notify the Contractor of any unauthorized access to their Personal Account.
3.3.6. Not to post on the Site or third-party resources any personal data of other individuals, including access data to their Personal Account on the Site, as well as not to use or attempt to obtain personal data of other users.
3.3.7. Not to register as a user on behalf of or instead of another individual or register a group (association) of individuals or a legal entity/individual entrepreneur as such a user.
3.3.8. Not to use software and not to perform actions aimed at disrupting the normal functioning of the Site, not to upload, store, publish, distribute, or provide access or otherwise use viruses, Trojans, and other malicious programs; not to use automated scripts (programs) for collecting information on the Site without the Contractor's written permission.
3.4. The Customer has the right to:
3.4.1. Access _______________________________________________________ after the fulfillment of the access provision conditions (clause 2 of the Agreement).
3.4.2. To receive informational support on issues related to the procedure for providing services and the functioning of the Website throughout the term of this Agreement.
3.4.3. To use access to ____________________________ exclusively for non-commercial purposes.
3.4.4. To send the Contractor remarks, suggestions, and/or feedback related to the subject of this Agreement and/or the functioning of the Personal Account.
4.Cost of Services and Payment Procedure
4.1. The cost of the Contractor's Services is determined based on the price of the goods/services indicated on the Website or agreed upon in the Invoice, in som.
4.2. The Customer shall pay the cost of the Contractor's services on the terms of 100% prepayment in a single payment by transferring funds to the Contractor's bank account unless otherwise specified in the invoice issued to the Customer. The date of payment is the date the funds are credited to the Contractor's bank account.
4.3. Payment for Services is made by the Customer in favor of the Contractor by transferring the corresponding amount of funds through methods supported by the Contractor. The Contractor has the right to determine the list of such methods independently, informing the Customer of the current list of methods by posting it on the Website or notifying the Customer in another way. Detailed rules for payment and refund of funds are contained in Appendix No. 1 to this Agreement.
4.4. The Customer has the right to pay for the Contractor's Services using credit funds that may be provided to the Customer by the corresponding bank (hereinafter referred to as credit). The Parties acknowledge and agree that this Agreement is not a loan agreement, the Contractor is not a lender, and does not bear corresponding obligations to the Customer. The Customer acknowledges and agrees that the credit is provided to the Customer on the terms established by the corresponding bank. The Contractor is not responsible for the terms under which the bank provides credit to the Customer, including the amount and payment of interest for using the credit, as well as for the bank's refusal to provide credit. Obligations to the bank related to the provision of credit by it are fulfilled by the Customer independently.
4.5. The date of service/goods provision is considered to be the date the service/goods are provided to the Customer; accordingly, the Services/goods are considered to be rendered to the Customer.
5.Liability of the Parties. Limitation of Liability
5.1. In the event of a breach of the terms of the Agreement by the Customer, the Customer is obliged to pay a penalty of 5000 som for each violation upon the written request of the Contractor without going to court.
5.2. In the event of a breach of the terms of this Agreement by the Customer, the Contractor has the right to deactivate the Customer's access to the Personal Account and block the Customer's access to the Website without refunding the paid funds. The Customer is obliged to pay a penalty within 15 (fifteen) calendar days from the moment of receiving the Contractor's claim (notification).
5.3. The Contractor is not liable for:
·the content of information posted in messenger chats (WhatsApp, Viber, Telegram) created at the initiative of users, including the Customer;
·the use of personal data by third parties that the Customer provides in such chats;
·the quality of the internet connection and the functioning of the Customer's equipment and software;
·non-compliance of the Customer's equipment with the technical specifications required for reproducing Course materials, if such requirements are established;
·the non-compliance of the Services provided under the Agreement with the Customer's expectations. The Customer's subjective assessment is not an objective criterion for the quality of the Services;
·errors and inaccuracies made by the Customer while using the Website's functionality (including, but not limited to, incorrect data entry when placing an order for a service, and other similar circumstances);
·the use (or inability to use) and any consequences of the Customer's use (or inability to use) the payment method chosen by them under the Agreement;
·the actions (or inactions) of banks or third parties involved in the payment for the service or the refund of funds in established cases.
5.4. The Contractor makes all reasonable efforts to prevent failures and malfunctions in the operation of the Website; however, it does not guarantee uninterrupted operation and is not liable for any damages arising from or potentially arising from technical failures and interruptions in the work of the provider, other persons or services, limited access to the internet or internet resources for any reason, or the Customer's failure to secure access data to their Personal Account and other circumstances beyond the Contractor's control.
5.5. Neither Party shall be liable for the full or partial non-fulfillment of its obligations if such non-fulfillment is the result of circumstances of force majeure (including, but not limited to, fire, flood, earthquake, and other natural disasters, strikes, war and military actions, epidemics, pandemics, or other circumstances beyond the Parties' control) that hinder the fulfillment of this Agreement and arose after its conclusion.
5.6. If the Customer fails to fulfill (improperly fulfills) their obligations under the Agreement, including the obligations specified in clause 4.2 of the Agreement, the Contractor has the right to terminate this Agreement by unilateral extrajudicial refusal to perform it by sending a notification of such refusal in electronic form to the email address to which the access data for the Course were previously sent by the Contractor. The action of this Agreement is terminated on the day the Contractor sends the relevant notification or within the period specified in the notification, and access to the Course materials is deactivated at the same time.
6.Intellectual Property. Confidentiality
6.1. In the course of providing Services, the Contractor grants the Customer access to the Contractor's and/or third parties' intellectual property with whom the Contractor has entered into relevant contracts/agreements (hereinafter referred to as Intellectual Property). Intellectual Property includes the results of intellectual activity of the Contractor and/or third parties, including, but not limited to, audiovisual materials, software, LMS (learning management system), methodological and/or reference materials, assignments, and informational resources.
6.2. The Customer is obliged regarding the Intellectual Property to:
·refrain from any actions that violate the rights of the Contractor and/or third parties to the Intellectual Property, in particular, not to copy, record, reproduce, duplicate, distribute in any form, modify, or use to create derivative works any Intellectual Property without the Contractor's written permission;
·immediately inform the Contractor of any known facts of violation of the Contractor's and/or third parties' intellectual property rights;
·not provide their authentication data for accessing the account or Personal Account on the Website to third parties. In case of loss, as well as in cases of illegal access to the login and password by third parties, the Customer undertakes to promptly notify the Contractor by sending a notification to the address: susanintours@gmail.com Until the specified notification is sent, all actions are considered to be performed by the Customer.
6.3. Confidential information refers to any information related to the process of providing services by the Contractor, unpublished by the Contractor in open access and not available to the public. The Customer undertakes not to disclose confidential information and other data provided by the Contractor during the provision of services (except for publicly available information) to third parties without the prior written consent of the Contractor.
6.4. The Contractor has the right to use in its marketing and/or advertising materials objects created by the Customer during the study of the Course materials, as well as to mention the Customer as a user of the Software and a client.
7.Miscellaneous
7.1. The Customer confirms that they are legally capable and have reached the age required under the legislation of the Kyrgyz Republic to enter into transactions using the Website.
7.2. The Customer confirms that they are aware of and unconditionally agree that they may be denied the provision of the Service in cases of:
·non-confirmation of payment authorization by the Bank or electronic payment system;
·the Customer initiating the procedure for a refund in cases and procedures provided for in the Agreement;
·in other cases provided for by the legislation of the Kyrgyz Republic or this Agreement.
8.Final Provisions
8.1. This Agreement is considered concluded from the moment the Customer performs the actions provided for in clause 2.4 of the Agreement and is valid until the Parties fulfill their obligations.
8.2. The Contractor has the right to change the terms of this Agreement, introduce new terms or appendices to this Agreement without prior notice to the Customer. The Customer, being aware of the possibility of such changes, agrees that they will be made. If the Customer continues to perform this Agreement after such changes, it means their consent to such changes.
8.3. The text of changes and/or additions to this Agreement, or its new edition, is communicated by the Contractor to the public by placing relevant information on the Website.
8.4. The Parties unconditionally agree that silence (the absence of written notifications of disagreement with certain provisions of this Agreement, including changes in tariffs) is considered as the Customer's consent and accession to the new edition of this Agreement.
8.5. This Agreement may be terminated by mutual agreement of the parties. Each Party has the right to refuse this Agreement unilaterally by sending the other Party a notification via the Personal Account or by email no later than 15 (fifteen) calendar days before the planned termination date.
8.6. If any of the terms of this Agreement loses its legal force, is recognized as illegal, or is excluded from this Agreement, this does not invalidate the remaining terms of this Agreement, which will retain their legal force and be binding on the Parties.
8.7. All issues not regulated by this Agreement shall be resolved in accordance with the current legislation of the Kyrgyz Republic.
8.8. All disputes, claims, and disagreements that may arise between the Parties will be resolved through negotiations. If it is impossible to resolve disputes in this manner, the Parties will refer to the court in accordance with the current legislation of the Kyrgyz Republic, with mandatory compliance with the pre-trial procedure for resolving the dispute. The Party that believes its rights under the Agreement have been violated must submit a claim to the other Party. The claim is considered properly submitted if sent to the other Party in any way that allows establishing the identity of the sender and the fact of delivery of the correspondence to the recipient. The fact of returning correspondence indicating the absence of the recipient does not prevent the appeal to the court. The attachment of copies of documents substantiating and confirming the claims made to the claim, if such documents are available to the other Party, is not mandatory. The Party receiving the claim must notify the other Party in writing of the results of the review within 10 (ten) working days from the date of receipt. Failure to respond or provide reasoned objections to the claim within the established period is considered as agreement with the claim and the circumstances stated therein.
8.9. The Parties recognize the legal force of documents sent via electronic communication means or the Personal Account on the Website.
8.10. The Customer gives their consent to the Contractor to process the Customer's personal data provided by them when applying for the Contractor's services and/or when registering on the Website, as well as in the Personal Account, under the terms provided for in the Personal Data Processing Policy posted on the Website.
8.11. The Customer gives their consent to the Contractor to use the Customer's reviews about the Contractor and the services provided by the Contractor, posted by the Customer on the Internet, including those left by the Customer in the Contractor's official groups on social networks, without indicating the full name (surname, first name, and patronymic) of the Customer and without using the Customer's image in any way, including, but not limited to, processing, including shortening, changing, not distorting their meaning, for the purpose of placing such reviews on the Contractor's official websites, on the Contractor's pages in social networks, in advertising and other materials of the Contractor, and including them in the texts of informational newsletters to the Contractor's clients. This consent is valid from the date of conclusion of the Agreement. This consent may be revoked by the Customer at any time by sending a written statement to the address of the Contractor indicated in the Agreement.
8.12. The Customer gives their consent to the Contractor to receive messages of an advertising nature, informational newsletters about the products, services of the Contractor and its partners, promotional offers, discounts, and special offers, raffles, contests, surveys to the Customer's email address, to the Customer's phone number, including in messengers, including "Viber," "Telegram," "WhatsApp," via postal mailing, SMS messages, push notifications, as well as verbal communication of such information over the phone.
9.Party Details
9.1. The Parties agree that the Customer's details are the information provided by them during registration on the Website and/or when applying for access to the Course, and/or when paying for the Contractor's services.
9.2. Contractor's details:
Ilchishin Petr Georgievich
Mailing address:
Bishkek 720055
Akhunbaeva St. 119a
Basement 7 Office
Tel: +996 772456819
Email: susanintours@gmail.com