This Public Offer Agreement (hereinafter referred to as the "Agreement")
determines the procedure for rendering services, as well as mutual rights and obligations and the relationship
between the Limited Liability Company "TofzIntradeCo", hereinafter referred to as the "Contractor", represented
by the Director Taufik Inabi acting by virtue of the Articles of Association, and an individual/entity which is
the customer ordering services on www.star-eca.by, hereinafter referred to as the "Customer", who accepted the
public offer for entering into this Agreement (hereinafter - the Parties).
TERMS AND DEFINITIONS
For the purposes of this offer, the terms given below shall have the following meanings:
Contractor - Limited Liability Company "TofzIntradeCo" providing a
service to the Customer;
Customer - an individual who accepted the Offer, by order of which the
Contractor renders services for assisting a foreign citizen in admission to the educational institutions of the
Republic of Belarus, as well as related services – transfer, support, etc.
Service (or Services) - the services for assisting a foreign citizen in
admission to the educational institutions of the Republic of Belarus, as well as related services – transfer,
support, etc., rendered by the Contractor to the Customer under the terms and conditions of the
Agreement;
Offer - this document posted on www.star-eca.by.
Website - a set of information resources posted on the Internet at
www.star-eca.by.
Offer acceptance - full and unconditional acceptance of the Offer by
performing actions specified in clause 4 hereof. Offer acceptance forms the Agreement;
Application - the Customer's order for the Contractor created
electronically on the Contractor's website, containing the Customer's data, information about the selected
educational program, a list of educational organizations selected by the Customer, and a set of related
services;
Invoice - a document indicating the Contractor's bank details, the name,
number and price of the Services provided;
Price under the agreement - cost of the Service and other expenses under
the terms and conditions of the agreement .
1. SUBJECT OF THE AGREEMENT
1.1. The subject of the agreement is the provision of the Services offered on the Contractor's website on
the Internet at: www.star-eca.by
1.2. The current list of the Services provided by the Contractor
with prices (hereinafter - the Price List) is given on the Contractor's website on the Internet at www.star-eca.by and is an
integral part of this Agreement.
1.3. The Service provided (rendered) to the Customer by the
Contractor is a one-time Service.
2. PROCEDURE FOR THE EXECUTION AND PERFORMANCE OF THE AGREEMENT
2.1. This Agreement is a public offer agreement, whereby the Contractor shall render Services according to
clause 1.1 hereof and provide them in relation to each individual. The Contractor shall not be entitled to give
preference to one person over another in relation to the execution of this Agreement, unless otherwise provided
by law.
2.2. Posting this Agreement on the Contractor's website at: www.star-eca.by is the
Contractor's offer for the public to enter into this Agreement (clause 2 of article 407 of the Civil Code of the
Republic of Belarus).
2.3. The execution of the Agreement shall be carried out by accession of the
Customer to this Agreement, i.e. by accepting its terms and conditions by the Customer, in whole without any
conditions, withdrawals and reserves (article 398 of the Civil Code of the Republic of
Belarus).
2.4. The acceptance of the terms and conditions of this Agreement by the Customer is
confirmed by the Customer's payment for paid Services in the manner and on the terms defined
herein.
2.5. This Agreement shall be deemed executed in writing subject to the compliance with the
procedure for its acceptance (clause 2, clause 3 of article 404 and clause 3 of article 408 of the Civil Code of
the Republic of Belarus).
2.6. Upon reviewing the Contractor's Price List and the text of this
Agreement, as well as The Personal Data Processing Policy, posted on the Contractor's Website on the Internet
at: www.star-eca.by, the
Customer shall independently select the educational program (the Service provided) from the options offered by
the Contractor on the Website at www.star-eca.by, fill out an online application posted on the Contractor's
Website on the Internet in the selected program and submit it to the Contractor by clicking "Submit" on the
Contractor's Website in the "Programs" section, or send the application to the e-mail address info@star-eca.by or through
instant messaging systems (WhatsApp, Telegram, Viber, WeChat), and other ways provided by the Contractor.. The
registration form of the Application filled out by the Customer shall be the basis for issuing an invoice by the
Contractor to pay for the Services. The application shall contain the following
data:
2.6.1. information identifying the Customer (first name, last name, gender, e-mail address,
phone number, citizenship, date of birth, details of the identity document);
2.6.2. other information
required by the application form.
2.7. A unique number is assigned to each
application.
2.8. After verification of the application by the Contractor's specialist, the Contractor
shall send an invoice for payment for the Services to the Customer's e-mail address, which shall be paid by the
Customer no later than 10 calendar days starting from the moment of application. If the invoice is not paid
within the prescribed period, the Customer's application shall be canceled.
2.9. To confirm the order,
the Customer shall make payment to the Contractor in accordance with clause 4 of this
Agreement.
2.10. Upon agreement with the Contractor, the Customer may be offered a special educational
programme (rendered Service), which is not specified on the Contractor's website in the section "Programmes"
(hereinafter - special service). The order for a special service shall be placed by filling in an application by
the Customer in the form proposed by the Executor. The Customer shall pay for the special service on the basis
of the invoice issued by the Executor in accordance with clauses 2.8-2.9 of this Agreement. 2.8-2.9 of this
Agreement or by means of payment using a bank payment card according to the details sent by the Contractor to
the Customer (online payment).
2.11. The Contractor shall start rendering the services no later than 1
(one) working day from the date of submission of the application by the Customer for verification or from the
date of receipt by the Contractor of the payment amount in accordance with clause 4 of this agreement, if the
Application is executed by the Contractor for a fee. The term of execution of the application consists of the
scope of instructions and services selected by the Customer.
2.12. By sending the Application to the
Contractor, the Customer, in order to execute the Application, instructs the Contractor to represent its
interests to third parties, including the selected educational institution.
2.13. The Customer's
application for educational services in the Republic of Belarus under agreements for paid educational services
shall be transferred by the Contractor to the educational institution specified by the www.star-eca.by
Public offer Customer in the application.
2.14. The Contractor does not make decisions on the
admission of the Customer to educational institutions of the Republic of Belarus, does not organize selection
events and shall not be liable for the result of consideration/dismissal of the Customer's application without
prejudice by executive authorities and educational institutions.
2.15. If the Contractor receives a
document in favor of the Customer due to services rendered upon the Application, the Contractor shall send the
original of the specified document to the address specified by the Customer in the Application. The Contractor
shall inform the Customer of the identification number of the postal item and the date of dispatch. The
Contractor shall not be liable for non-receipt of the document by the Customer through its fault: the absence of
the Customer at the specified address, the Customer's errors in filling out the recipient's address, refund for
non-claim, etc.
2.16. Other terms of Services may be specified on the Website.
2.17. The
Contractor shall be entitled at any time to change the Price List and terms of this Agreement unilaterally
without prior coordination with the Customer, while ensuring the publication of the changed terms on the
Contractor's Website on the Internet at: www.star-eca.by, at least
1 (one) calendar day before their entry into force.
3. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR AND THE CUSTOMER
3.1. The Contractor shall:
- render the ordered Services to the Customer with due diligence and in
a timely manner, provided that the Customer complies with all the requirements of this Agreement;
- not
disclose confidential information and data provided by the Customer in connection with this
Agreement;
- inform the Customer about the progress of the Services rendered under this
Agreement;
obtain the consent of the Customer for any action or set of actions performed with Personal
Data using automation tools or without using such means, including collection, systematization, storage,
modification, use, distribution, provision, including cross-border transfer, depersonalization, blocking,
deletion;
- be guided by the interests of the Customer when rendering services hereunder.
3.2. The Contractor shall be entitled to:
- use the Services of educational institutions for the
purpose of timely and qualitative performance of obligations under the Agreement;
- demand from the
Customer timely and full payment of the cost of the Services in accordance with the terms hereof;
-
make minor changes to the Service program.
3.3. The Customer shall:
- provide the Contractor with all necessary reliable information and (or)
documents for the provision of services, including personal data;
- make timely and full payment for
the service provided by the Contractor in accordance with the terms of this Agreement;
- not disclose
confidential information and other data provided by the Contractor in connection with this Agreement.
3.4. The Customer shall be entitled to:
- monitor the progress of execution of the Application at
any time;
- require the Contractor to fulfill its obligations under this Agreement in a timely manner
and properly.
3.5. The Customer shall give his consent to process its personal data for the purposes of rendering services
by the Contractor, including the receipt of invitation and further updates on events and special offers, during
the entire period of goals implementation.
4. COST OF SERVICES AND SETTLEMENT PROCEDURE
4.1. The cost of the Services shall be confirmed by the head of the Contractor and shall be determined
according to the number and scope of services selected by the Customer in the Application as per prices in the
Contractor's Price List posted on the Contractor's Website at: www.star-eca.by, effective immediately on the
date of entering into this Agreement, which is an integral part hereof.
4.2. The cost of services
established by clause 4.1. of this Agreement, from the moment of entering into this Agreement with the Customer
as set forth in clause 2. of this Agreement, shall not be changed and shall be paid in accordance with the terms
of this Agreement and the Price List approved by the Contractor, posted on the Contractor's Website at:
www.star-eca.by, effective immediately on the date of entering into this Agreement.
4.3 Payment for
the Services shall be made by the Customer on the terms and conditions:
- 100% (one hundred percent)
prepayment before the start of the Services on the basis of the invoice issued by the Contractor to the Customer
- for the “Support” Package and other services, except for the “Full Support” Package;
- 50% or 100%
(fifty percent or one hundred percent) prepayment for the “Full Support” Package.
The Customer shall
not be provided with the Services until payment has been made. The moment of payment is considered to be the
receipt of funds to the Executor's account.
In other cases agreed between the customer and the
contractor, payment may be made after the services have been rendered, and also personal discounts of up to 25%
for the “Support” and “Full Support” packages may be applied.
4.4. The Customer shall pay for the Services by
wire transfer or postal transfer of funds to the current (settlement) account of the
Contractor.
4.5. When paying for the services rendered, the cost of transfer of funds, the bank's
services and postal services shall be borne by the Customer.
4.6. If the Customer selects the payment
method whereby the payer shall pay a bank fee or a fee charged by the payment system, the Customer shall make
payment in such a way that the amount indicated in the invoice issued to the Customer is received on the
Contractor's account in full.
4.7. After payment of the invoice and transfer of the Customer's
Application to the educational institution for consideration, the Customer shall not be entitled to cancel the
Services under the Application paid, and the funds received by the Contractor shall not be
refunded.
In this case, the Services shall be deemed rendered as to actual works for which an advance
payment has been made.
4.8. The Services rendering is not documented by the certificate of services
rendered. The services paid by the Customer shall be deemed rendered to the Customer properly, fully and in
time, and accepted by the Customer if the Contractor has not received written claims within 3 (three) working
days from the date of completion of such services.
4.9 In other cases the payment can be made in
non-cash form to the Executor's details upon the Customer's arrival in the territory of the Republic of Belarus.
The moment of payment is considered the receipt of funds to the Executor's account.
5. PAYMENT PROCEDURES AND PAYMENTS SECURITY, CONFIDENTIALITY OF INFORMATION
5.1. Bank cards of VISA, MasterCard international payment systems and BELKART payment system are accepted
for payment.
5.2. The payment security is ensured by modern methods of verification, encryption and
transmission of data over secure channels.
5.3. The card data is entered on the bank's secure
authorization page. The following card details shall be entered for payment: number, holder's name, expiration
date and three-digit security code. A three-digit security code (CVV2 for VISA, CVC2 for MasterCard) is three
digits on the back of the card. If the card supports 3DSecure technology or an Internet password for BELKART
cardholders, you will be redirected to the page of the bank that issued the card to enter the security code.
When paying via Apple Pay, select the card from Wallet, use password code or other authentication method,
depending on which method is selected in the application.
5.4. The personal information provided by
you (e.g. name, address, phone number, e-mail, bank card number, etc.) is confidential and not subject to
disclosure. Card details are transferred encrypted only and are not saved on this Internet resource. The
information transmitted by the Customer in the performance of services is personal data in accordance with the
Law of the Republic of Belarus dated May 7, 2021 N 99-З "On Personal Date Protection". By clicking on the
"Submit" button on the website www.star-eca.by, the Contractor agrees to TofzIntradeCo LLC to process their
personal data given in this questionnaire (application) in order to receive an invitation, as well as inform
about promotions and special offers. The Contractor confirms that, prior to granting consent, the Customer
provided information containing:
- name and location of the Customer;
- the purpose of processing personal data;
- a list
of personal data for the processing of which consent is required;
- the period for which consent is
given;
- information about authorized persons in the event that the processing of personal data will be
carried out by such persons;
- a list of actions with personal data for the performance of which
consent is given, a general description of the methods of processing personal data used by the
Customer;
- other information necessary to ensure the transparency of the personal data processing
process.
The Contractor confirms that the Customer has explained the rights associated with the processing of
personal data, the mechanism for exercising such rights, as well as the consequences of giving consent or
refusing to give such consent.
5.6 The payment can be made through the ERIP system or by bank transfer (free payment) according to the
Contractor's details.
6. LIABILITY OF THE PARTIES
6.1. The responsibilities of the parties not stipulated by this Agreement, shall apply in accordance with
the legislation of the Republic of Belarus.
6.2. For non-fulfillment or improper fulfillment of
obligations hereunder the Contractor and the Customer shall be liable in accordance with the terms and
conditions of this Agreement and the current legislation of the Republic of Belarus.
6.3. The
Contractor shall not be responsible for the Customer's relations under this Agreement with third parties,
including educational institutions, and shall not be liable for circumstances beyond its control. In case the
Executor has performed all the necessary actions and formalities, which were within his control for rendering
the Service, the Service is considered to be rendered in full and of proper quality, irrespective of the result,
which was expected by the Customer.
6.4 Any expenses incurred by the Contractor in favor of the Client - they
are reimbursed by the Client in full.
6.5. Expenses related to the violation of the legislation of the
Republic of Belarus by the Client are reimbursed by the Client to the Contractor in the amount multiplied by the
coefficient 1.5 of the amount of each individual expense or their total amount (fines, court costs, costs of
detention in a TDF, etc.).
7. FORCE MAJEURE
7.1. In case of force majeure circumstances that exclude or objectively hinder the performance of this
Agreement, the Parties have no reciprocal claims, and each Party shall assume its own risk of the consequences
of these circumstances.
8. DISPUTE SETTLEMENT PROCEDURE
8.1. Disputes and disagreements arising out of this Agreement shall be resolved through negotiation between
the Parties hereto. An extrajudicial (pretrial) dispute resolution procedure is mandatory. The claim response
period is 15 days from the date of a claim receipt.
8.2. In case of failure to resolve disputes and
disagreements specified in clause 7.1. in that manner, they shall be settled by court under the current
legislation of the Republic of Belarus.
9. TERM OF THE AGREEMENT
9.1. This Agreement shall enter into force from the date of its acceptance (invoice payment) by the Customer
and shall be valid until the Services paid for by the Customer are rendered.
9.2. The Agreement shall
be terminated in accordance with its terms and conditions and the legislation of the Republic of
Belarus.
9.3. Relations of the Parties not regulated by this Agreement shall be regulated by the
current legislation of the Republic of Belarus.
9.4. The Contractor shall reserve the right to amend
the terms of the offer and/or withdraw the offer at any time at its discretion. In case of amendment of the
offer by the Contractor, such amendments shall enter into force from the date of publishing the amended text of
the offer on the Contractor's website unless other term for entry into force of the amendments is determined
additionally upon such publication.
9.5. This Agreement shall remain in force in case of making
changes to the details of the Parties, their constituent documents, including, but not limited to, change in
ownership, legal form, etc. The Contractor shall be entitled to assign the Agreement to a third party. In case
of change of the details, the Parties shall notify each other within 3 days.
9.6. If any provision of
the agreement becomes invalid due to a change in the current legislation, the remaining provisions shall remain
in force and shall be binding on the Parties.
9.7. The Contractor's location address shall be the
place of entering into this Agreement.
10. ADDRESSES AND DETAILS OF THE PARTIES
10.1. The Parties expressly consent to consider the information indicated by the Customer when drawing up
the Application as its details.
Available at: www.star-eca.by
Last updated May 01,
2024 year.