Effective Date of Last Document Amendments – May 29, 2024
PUBLIC OFFER AGREEMENT
for the provision of information and consulting services
Limited Liability Company “TRADE HOUSE “BOOSTHUB,” a legal entity registered under the laws of Ukraine, EDRPOU code 45596755, represented by Director Kateryna Milyutenko, acting under the Charter (hereinafter referred to as the “Contractor”), addresses this Public Offer (proposal) to enter into an Agreement for the provision of information and consulting services (hereinafter referred to as the “Agreement”) to an unlimited number of individuals under the terms and conditions outlined in this Agreement.
Please read the text of this Public Offer (proposal) by the Contractor to enter into an Agreement for the provision of information and consulting services, and if you disagree with any clause of this Public Offer (proposal) or do not understand any clause of this Public Offer (proposal), we suggest that you refuse to enter into the Agreement with the Contractor and refrain from receiving the information and consulting services from the Contractor. By accepting (accepting) the terms of this Public Offer (proposal), you fully and unconditionally agree to all the terms of this Public Offer (proposal) and understand all its provisions.
The text of the Agreement presented below is addressed to an unlimited number of individuals and is an official Public Offer (proposal) by the Contractor to enter into an Agreement for the provision of information and consulting services under the terms defined by the Agreement, according to the selected topic (list) of services specified in this Agreement.
The parties to the Agreement are the Contractor, on one side, and any individual who has accepted (accepted) this Public Offer (proposal) under the terms and conditions of the
Agreement, hereinafter referred to as the “Customer,” on the other side, collectively referred to as the Parties, and each separately as the Party.
1. TERMS AND DEFINITIONS
The terms used in this Agreement shall have the following meanings:
Contractor – Limited Liability Company “TRADE HOUSE “BOOSTHUB,” a legal entity registered under the laws of Ukraine, EDRPOU code 45596755.
Customer – any capable individual who has accepted (accepted) the Public Offer (proposal) under the terms and conditions of the Agreement. The Customer of the Services and a party to this Agreement can only be individuals who have reached the age of eighteen. Filling out the Registration Form and Ordering and/or paying for the Services confirms that the
Customer is an adult and has full legal capacity by the requirements of Ukrainian law.
Public Offer (proposal) – the Contractor’s public proposal posted on the Contractor’s website http://platma.academy/, addressed to an unlimited number of Customers, by Art. 641 of the Civil Code of Ukraine (hereinafter referred to as the “CCU”), to enter into an Agreement for the provision of information and consulting services under defined terms.
Public Agreement (Agreement) – an agreement for the provision of information and consulting services concluded between the Contractor and the Customer under the terms of the Public Offer (proposal) from the moment the Customer accepts its terms.
Acceptance – full and unconditional acceptance by the Customer of the terms of the Contractor’s Public Offer (proposal) to enter into this Agreement for the provision of information and consulting services in full, without the Parties signing a written copy of the specified Agreement, by paying for the ordered services of the Contractor under the terms of the Agreement, including making an advance payment for services if such advance payment is stipulated by the terms of the Agreement.
Information and Consulting Services (hereinafter referred to as “Services”) – a set of information and consulting services (courses, training, webinars, tests, consultations, lectures, presentations, audio, video, text information, materials, online resources, and others) offered for provision and/or provided by the Contractor. Information regarding the list of Services and their cost is provided on the Site and can also be announced by the Contractor’s manager during an oral consultation regarding the Service, sent to the Customer’s email, or otherwise communicated to the Customer. The procedure and conditions for the provision of Services by the Contractor to the Customers are determined by this Agreement and the terms specified regarding the corresponding Service of the Contractor on the Site.
Advance Payment – payment of funds for the Service, made by the Customer after placing an Order, and is confirmation of the full and unconditional agreement of the Customer to enter into the Agreement (Acceptance).
Order – a properly completed request by the Customer, addressed to the Contractor, for receiving one or more Services selected by the Customer.
Registration Form – a document completed independently by the Customer or by the Contractor (based on the Customer’s words) and is an integral part of this Agreement.
Mandatory details of the Registration Form are:
- last name, first name;
- Customer’s email address;
- Customer’s contact phone numbers, as well as other data at the request of the Contractor.
The Customer bears full responsibility for the content and accuracy of the data specified in the Registration Form.
Contractor’s Site (hereinafter referred to as the “Site”) – the official web page of the Contractor on the local network and on the Internet, at http://platma.academy/, which is one of the main sources of informing Customers about the Services.
2. GENERAL PROVISIONS
2.1. This Agreement is public, according to Articles 633, 641, 642 of the Civil Code of Ukraine, and its terms are the same for all Customers, the unconditional acceptance of which is considered acceptance of this Public Offer (proposal) by the Customer, for which the Contractor publishes this Agreement.
2.2. This Agreement, by Article 628 of the Civil Code of Ukraine, is a mixed agreement, i.e., one that contains elements of different agreements: a public agreement, an adhesion agreement, an agreement for the provision of information and consulting services, etc.
2.3. This Agreement, in accordance with Article 634 of the Civil Code of Ukraine, is an adhesion agreement, the terms of which are established by the Contractor and which can be concluded only by joining the Customer to the proposed Agreement as a whole and without reservations, except in cases directly provided by law.
2.4. The Agreement, concluded with the Contractor by means of Acceptance of the Public Offer (proposal), has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to an agreement signed by the Parties and is considered that the Customer has read and agrees with the terms of this Public Offer (proposal), including but not limited to, the cost of the Services, the procedure, and conditions of their provision. If the Customer disagrees with the terms of the Agreement, they have no right to enter into this Agreement, as well as no right to use the Services under this Agreement. This Agreement is equivalent to the Parties entering into a bilateral written agreement under the terms set out in this Agreement.
2.5. The terms of this Public Offer (proposal) do not apply if another bilateral agreement has been concluded between the Parties, and its provisions are valid at the time of the provision of services.
2.6. Each Party guarantees to the other Party that it possesses the necessary legal capacity and all rights and powers necessary and sufficient for the conclusion and execution of this Public Offer (proposal) according to its terms.
2.7. All terms of the Agreement provided by this Public Offer (proposal) are binding on the Parties.
2.8. The current version of the provisions of the Agreement provided by this Offer is available at the link http://platma.academy/. The Contractor reserves the right to change or supplement the provisions of the Agreement provided by this Public Offer (proposal) at any time without prior or subsequent notification to the Customer. The Customer independently monitors changes to the provisions of the Agreement provided by this Public Offer (proposal) and familiarizes themselves with their current version. Continued use of the Contractor’s Services by the Customer after changes or additions to the provisions of the Agreement provided by this Public Offer (proposal) indicates the acceptance and agreement of the Customer with such changes or additions.
2.9. All informational materials presented on the Site are for reference purposes only.
3. ACCEPTANCE OF THE AGREEMENT
3.1. This Public Offer (proposal), in the case of acceptance by the Customer, is considered a written, including electronic, legal transaction (agreement) on the terms of adhesion, to which the Customer adheres from the moment of Acceptance by the latter of the terms of the Agreement provided by this Public Offer (proposal), together with the terms or attachments to it, if such attachments exist.
3.2. To accept this Public Offer (proposal) and enter into the Agreement, the Customer must make an Acceptance, i.e., take actions to express consent to enter into the Agreement under the terms set forth in the Public Offer (proposal).
3.3. The Public Offer (proposal) is fully and unconditionally accepted (accepted), and the Agreement is concluded from the moment the Customer pays for the Contractor’s Services under the terms of the Agreement, including from the moment the Customer makes an advance payment for the Services, if an advance payment is stipulated by the terms of the Agreement. In such a case, additional signing of the Agreement by the Customer is not required. In this case, the Customer’s Acceptance means full and unconditional agreement with the provisions of the Agreement provided by this Public Offer (proposal) (acceptance of the offer). If the Customer disagrees with the terms of the Agreement provided by this Public Offer (proposal), or with its individual provisions, the Customer undertakes to cease any use of the Contractor’s Services.
3.4. The fact of payment for the Services according to the terms of the Agreement by the Customer, including but not limited to, means that the Customer is familiar with the provisions of the Agreement and undertakes to comply with its provisions.
3.5. By accepting the Public Offer (proposal), the Customer automatically agrees to the full and unquestionable acceptance of the terms of the Agreement and all its appendices, if there are such appendices, which are an integral part of this Agreement.
4. SUBJECT OF THE AGREEMENT
4.1. The Contractor undertakes, on the terms and in the manner specified in this Agreement, to provide the Customer with information and consulting services (hereinafter referred to as the Services) on the topic of Services chosen by the Customer, and the Customer undertakes, on the terms and in the manner specified in this Agreement, to accept and pay for the ordered Services on the selected topic.
4.2. The Customer and the Contractor confirm that this Agreement is not a fictitious or pretend transaction or a transaction concluded under the influence of pressure or deception.
4.3. Terms, schedule, program, general period of provision, scope of Services and dates of provision of Services are published on the Site and/or sent to the Customer’s e-mail address and/or otherwise notified to the Customer. The Contractor has the right to change the conditions, schedule, program, general period of provision, scope of Services, and dates of provision of Services without the consent of the Customer, by notifying the Customer.
4.4. The parties agree that the Contractor does not guarantee any financial or other results of the Customer’s application of the skills acquired as a result of receiving the Services.
4.5. No claims regarding the effectiveness of the Customer’s application of the knowledge and skills obtained as a result of receiving the Services may be presented to the Contractor. Responsibility for the use of this knowledge and skills, as well as for any results, direct or indirect effects, which have been obtained as a result of the use of this knowledge and skills, rests entirely with the Customer.
5. ORDER PROCEDURE
Services can be ordered in one of the following ways:
The Customer independently creates an Order on the relevant page of the Site by adding the Services to the virtual cart by pressing the appropriate button and pays for the Order using the online payment system;
The Customer agrees the Order orally with the manager of the Contractor. The Contractor forms an invoice for payment and hands it over to the Customer for payment.
The Customer makes a reservation of the relevant Services (namely, a reservation of a place in the group of the corresponding course on the selected topic) by paying using the online payment system and/or on the basis of the Contractor’s account of the corresponding payment, determined by the Contractor for the Services, the reservation of which is ordered by the Customer. The amount of such payment is included in the total cost of the Services ordered in this way.
Payment for the Contractor’s Services must be made by the Customer under the terms of this Agreement and to the details of the Contractor specified in this Agreement and/or the Contractor’s account.
Regarding the payment of the Services, which were ordered by booking in accordance with the conditions of clause 5.1.3. Agreement – the term of payment for the ordered Services is established in 5 (five) working days.
The term of processing by the Сontractor of the Order is up to 3 (three) working days from the moment of its payment. If the Order is paid on a weekend, holiday or non-working day, the Order processing period begins on the next working day.
6. CONTRACT PRICE, COST OF SERVICES AND CALCULATION PROCEDURE
6.1. The price of the Agreement consists of the total cost of the services provided by the Contractor to the Customer during the term of this Agreement in accordance with the acts of services provided.
6.2. The cost of the Contractor’s Services is determined according to the cost of each Service on a certain topic on the date of the order and/or current tariffs and/or other payment terms, including promotional ones, which are published on the Site and/or notified to the Customer.
6.3. The Customer shall pay for the Services of the Contractor on the selected topic in the amount of the full cost of such Services, established by the Contractor, on the conditions of 100% advance payment no later than 10 (ten) calendar days before the start date of the provision of such Services or on the conditions agreed by the Parties additionally.
6.4. The Contractor has the right to independently and at his own discretion set and change the cost of the Services without any agreement with the Customer (with the exception of the conditions stipulated in Clause 6.5 of this Agreement).
6.5. After the Customer has paid for the Services under the terms of this Agreement, the Contractor has no right to review the cost of such Services for the Customer.
6.6. Payments for the Services are made by the Customer in the national currency of Ukraine – hryvnias, in non-cash form, by (at the Customer’s option): transferring funds to the Contractor’s current account through the online payment system or by paying the payment invoice issued by the Contractor. In the payment document, the Customer must indicate the topic of the Services for which the payment is made, chosen by the Customer.
6.7. The Customer’s obligations to pay for the Services are considered fulfilled from the moment the corresponding amount of money is credited to the Contractor’s current account.
6.8. In case of delay in payment of Services by the Customer for more than 3 (three) working days, the Contractor, without prior notice to the Customer, has the right to stop providing him with the Services under the Contract and close access to educational materials on the subject of the Services until the Customer fully fulfills his monetary obligations.
6.9. The parties agreed that in the event of the Customer’s refusal for any reason to receive the Services under this Agreement after he has made an advance payment in accordance with the terms of this section of the Agreement, such advance payment shall not be returned to the Customer and shall remain the property of the Contractor, with the exception of the cases provided for in subsections 10.2. 1., 10.2.2. clause 10.2 of this Agreement.
6.10. The parties have agreed that by accepting the terms of this Agreement in any of the above-mentioned ways, the Customer undertakes to pay for the Services in full accordance with the terms of this Agreement, regardless of the desire to refuse to receive the Services under this Agreement.
6.11. In case of non-payment of services by the Customer in accordance with the procedure established by this section of the Agreement, the Contractor shall have no obligation to provide the Services to the Customer.
6.12. The customer is solely responsible for the correctness of the payments made by him.
7. PROCEDURE FOR PROVIDING AND RECEIVING SERVICES
7.1. Services are provided, including through direct consultation and informing of the Customer by certified partners of the Contractor in accordance with the schedule and term of the Services provided by the Contractor on the topic of Services chosen by the Customer.
7.2. Services are provided by the Contractor in an online format. The service delivery format can be changed by the Contractor unilaterally, which the Contractor informs the Customer about.
7.3. The parties have agreed that the Contractor has the right to make audio and/or video recordings from the computer screen of video seminars, lectures, training, presentations, exams, and any other online events held with the participation of the Customer (in the process of providing the latter with Services in including), and photography and/or video recording of the above and any other events that are held with the Customer in person (in the process of providing Services to the Customer, including). The parties have agreed that the Customer has no right to make audio and/or video recordings, and any filming of the process of providing Services by the Contractor (seminars, lectures, trainings, presentations, exams and other activities of the Contractor) without the written consent of the Contractor, the specified actions are strictly prohibited, are considered a material violation of the Agreement.
7.4. Information about specific Services and/or the content of specific Services, information about the conditions for providing access to the Services, specification of requirements for access to the Service, other information or requirements that must and/or may be notified to the Customer in accordance with this Agreement or legal requirements are considered notified To the customer properly, if at least one of the following conditions is met:
7.4.1. Published on the Site.
7.4.2. Notified to the Customer by means of electronic messages sent to the Customer by the Contractor over the Internet.
7.4.3. Printed in advertising and informational materials of the Performer.
7.4.4. Notified the Customer upon his request at the Contractor’s contact addresses and telephone numbers.
7.4.5. Brought to the attention of the Customer in other ways available to the Contractor, including through mass media (advertising).
7.5. The Contractor does not provide the Customer with any guarantees other than those stipulated in the Agreement.
7.6. The customer undertakes not to reproduce, not to repeat, not to copy, not to sell, as well as not to use for any other purposes the information and materials that became available to him in connection with the provision of the Services, except for their personal use.
7.7. The Customer undertakes not to record the process of providing Services (training) without the Contractor’s special permission.
7.8. The customer is prohibited from:
– distribute videos, audio recordings of the process of providing Services (trainings, courses, lectures, etc.) in any possible way;
– distribute any materials related to the provision of Services in the form of a transcript, that is, a translation of audio or video materials into text format, and translation into other languages;
– use the information received from the Contractor for commercial purposes, for example, for independent training for third parties based on the materials received from the Contractor;
– allow the dissemination of unreliable, false information, information that disgraces the honor, dignity, business reputation of the Performer;
– commit any actions that are a violation or may (directly or indirectly) cause a violation of the intellectual property rights (copyright and/or property) of the Contractor to the objects of intellectual property of the Contractor or objects of intellectual property that are in use by the Contractor, and related to the Services under this Agreement.
7.9. Acceptance of the provided Services is formalized by the Parties signing the relevant acts of the provided services. The Parties agreed that until the Parties exchange paper-signed copies of the act of services rendered, electronic (scanned) versions of this document shall have the validity of the original.
7.10. If the Customer did not sign the act of services provided within 5 (five) working days from the date of transfer or sending to the Customer’s e-mail this document by the Contractor, or did not provide a written reasoned refusal to sign within the specified period, such Services are considered accepted in full and due by the act of services provided, which is signed by the Contractor unilaterally.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Duties of the Сontractor:
8.1.1. Provide Services in full and high quality by:
– involvement of certified instructors who have undergone the necessary training and received the appropriate certificate;
– providing the Customer with access to specially developed course programs and electronic resources necessary for the productive receipt of Services by providing him with a password for access to online resources;
– provision of consulting and information to the Customer to the extent established by the Agreement for the relevant program/course;
– other obligations in accordance with the current legislation of Ukraine and this Agreement.
8.2. Obligations of the Customer:
8.2.1. Ensure timely and systematic attendance to receive Services according to the Contractor’s schedule (schedule);
8.2.2. Properly fulfill the terms and conditions of the Agreement, which are stipulated by this Public Offer (proposal);
8.2.3. Pay in time (make payment after ordering) and get access to the Services under the terms of this Agreement;
8.2.4. The Customer is obliged to pay for the Services on the relevant topic in full, even if he interrupts and/or stops receiving the Services at any stage at his will and/or under circumstances beyond the Contractor’s control;
8.2.5. Make maximum efforts to master the material, and complete practical, laboratory, and independent tasks in a timely manner and in full;
8.2.6. Do not miss or be late for classes without valid reasons;
8.2.7. Comply with all orders of instructors and the Contractor’s administration relating to the subject of the Agreement;
8.2.8. Treat the Contractor’s property and equipment with care;
8.2.9. Familiarize yourself with information about the Services posted on the Contractor’s website;
8.2.10. To bear responsibility (material and/or other legal) for their actions while receiving the Services and for the damage caused to the property of third parties by the Customer;
8.2.11. To inform the Performer of reliable data about himself;
8.2.12. The customer gives his consent to receive newsletters from the Contractor;
8.2.13. Comply with fire safety, sanitary and hygienic, and other requirements and rules established by current legislation;
8.2.14. In the process of receiving Services, refrain from the following actions that: may prevent other Customers, invited persons, or lecturers from receiving information in the process of providing Services; violate public order, including insulting those present, using obscene expressions and/or loud conversations, creating noise with the help of devices, etc.; degrade the honor, dignity, business reputation of the Contractor, other Customers, invited persons or lecturers, including by placing information on the Internet, printed publications, mailings or in another way of a public nature; have a manifestation in the use of audio or video equipment for the purpose of copying the process of providing Services or materials intended for providing Services or without such a purpose;
8.2.15. If it is provided for by the Service program on a certain topic – pass the final internal test (exam);
8.2.16. Other duties by the current legislation of Ukraine and this Agreement.
8.3. The Сontractor has the right to:
8.3.1. Require the Customer to comply with all the provisions of the Agreement, which are stipulated by this Public Offer (proposal).
8.3.2. Move the Customer from one group to another in order to optimize the process of providing Services if the group consists of less than 7 (seven) people.
8.3.3. Refuse to provide Services to the Customer or terminate the Agreement unilaterally due to the Customer’s improper performance of its obligations under this Agreement, gross or systematic (more than 2 times) violation of the rules of conduct, or violation of public order by the Customer. At the same time, the cost of the paid Services is not returned to the Customer.
8.3.4. To postpone the terms of the provision of Services by notifying the Customer at least 5 hours before the start of their provision.
8.3.5. At its discretion, refuse the Customer to conclude the Agreement or stop providing the Services to the Customer.
8.3.6. To prevent the Customer from providing the Services, if the appearance of the Customer gives the Contractor reasons to believe that the latter is in a state of alcohol intoxication or under the influence of any of the narcotic substances, or under the influence of medical drugs, if this affects the behavior, reaction, and consciousness of the Customer, and if the circumstances listed in this clause of the Agreement are obvious to the Contractor.
8.3.7. To involve third parties in the provision of Services to the Customer, without coordination of such actions by the Contractor with the Customer.
8.3.8. To cancel, interrupt, or postpone any activities (courses, lectures, trainings) related to the provision of Services, to change the educational materials on the basis of which the Services are provided, as well as to change the general term (duration) of the Services by topic on the Site.
8.3.9. Publish any materials and reviews created by Customers in the process of providing Services, without any restrictions or compensation to the Customer.
8.3.10. Send messages to the Customer’s e-mail containing organizational and technical, advertising or other information about the Services or the Contractor’s activities.
8.3.11. The Contractor and/or the person involved in the provision of the Services, during the provision of the Services, has the right to check the completed tasks, which allow the Contractor to check and make sure that the Customer has assimilated the information received during the provision of the Services.
8.3.12. To demand compensation from the Customer for the losses caused by him and the damage caused (material damage and moral damage) in favor of the Contractor, if it is not proven that the damage was caused through no fault of the Customer.
8.3.13. Transfer your rights and/or obligations under this Agreement to third parties without prior agreement with the Customer;
8.3.14. Other rights in accordance with the current legislation of Ukraine and this Agreement.
8.4. The customer has the right to:
8.4.1. Interrupt the receipt of Services for a long period of time by notifying the Contractor of such need in writing. At the same time, the money paid by the Customer is not returned by the Contractor.
8.4.2. To require the Contractor to provide Services in accordance with the terms of this Agreement.
8.4.3. Order additional Services that are subject to additional payment.
8.4.5. Other rights by the current legislation of Ukraine and this Agreement.
8.5. The contractor confirms that the presence of the appropriate certificate is an indisputable fact of the professional and instructor qualification of the persons who will provide the Services under the Agreement.
8.6. Based on the result of the Customer receiving a full course of Services on the relevant topic and program, the Contractor undertakes to issue the Customer with a “Certificate of Completion” certificate, and in the event that the Customer successfully passes the test of mastering the material on the relevant topic and program, the Contractor undertakes to issue the Customer with a “Certificate of Completion” of Achievement”.
9. RESPONSIBILITY OF THE PARTIES, RESOLUTION OF DISPUTES
9.1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the Parties are responsible in accordance with the current legislation of Ukraine.
All disputes arising from this Agreement or related to it shall be resolved through negotiations between the Parties.
If the dispute cannot be resolved through negotiations, the Parties have agreed and agreed that all disputes arising from the relations regulated by this Agreement must be resolved in court at the location of the Contractor.
9.4. The Contractor does not give the Customer any warranty obligations regarding the Services provided, including (the list is not exhaustive): uninterrupted, timeliness, error-free, exact compliance with the solution of specific tasks and wishes of the Customer.
The Contractor makes every reasonable effort to ensure that all information on the Site is accurate, reliable, and up-to-date. The Contractor does not guarantee the accuracy and relevance of any information posted on the Site at any moment in time and does not accept claims regarding any failures and inaccuracies, as well as any damage resulting from these failures and inaccuracies.
The Contractor shall not be liable to the Customers or any third parties for any damages, including lost profit or lost data, damage to honor, dignity, or business reputation, caused in connection with the receipt of the Contractor’s Services.
The Contractor is not responsible for the preservation of the Customer’s personal belongings left on the Contractor’s premises.
The Contractor is not responsible for the modification and changes of the Service provision program, the Service provision schedule, and other conditions of the provision of Services.
The Customer bears material responsibility for damage to the Contractor’s equipment and other property, with the exception of natural wear and tear of the equipment or property. In the event of damage or other deterioration of the property provided to him, including equipment, the Customer shall compensate the Contractor for the damages caused to him within 3 (three) working days from the moment the Contractor sends the relevant request.
The Contractor does not bear any responsibility for the non-provision or improper provision of Services to the Customer under the condition of the occurrence of any circumstances that arose through no fault of the Contractor (namely, the occurrence of circumstances that arose from the fault or carelessness of the Customer and/or the occurrence of circumstances that arose due to the fault or negligence of any third party (any third parties) and/or force majeure).
The Customer understands and accepts the conditions according to which his violation of the terms of this Agreement may lead to the unilateral termination of this Agreement by the Сontractor with the subsequent termination of the provision of Services to the Customer.
Funds paid by the Customer for the Services are not returned:
– in case of non-receipt of Services by the Customer not due to direct fault of the Contractor, or
– in case of suspension of the Customer from the provision of Services or refusal to provide Services to the Customer in connection with the violation of this Agreement, or
– the Customer’s refusal of this Agreement and/or the Services for any reason (without notifying the Contractor, or with the Contractor’s notice – in the event that the Contractor receives a request starting from the 15th (fifteenth) calendar day from the date the Contractor began providing the Services to the selected topic (the dates of the first event on the selected topic) and before the end of the term of providing the Services), or
– after the expiration of the period of provision of Services;
– other grounds specified in this Agreement.
9.13. In the event that, due to his direct fault, the Contractor did not start providing the Service on the topic chosen by the Customer within the declared general term (duration) of providing such Service on the Site, the funds paid by the Customer are returned in full within 15 (fifteen) banking days from the date of receipt by the Contractor corresponding duly executed request for such return.
9.14. The Contractor does not guarantee that the use of the Contractor’s Service will bring the result expected by the Customer. The Contractor cannot guarantee the Customer’s success after using the Service.
9.15 The Customer understands that his disagreement with the opinion of the Contractor’s certified instructors in the content, methodology, and content of the Services provided is not grounds for a refund for the Services.
9.16. Money paid by the Customer for the Services may be returned by the Contractor to the Customer only in the case of the objective impossibility of providing such Service due to the direct fault of the Contractor in accordance with clause 9.13. of this Agreement, as well as in the case when such a return is expressly stipulated by the terms of the Agreement.
9.17. In the event that the Contractor discovers the facts of the Customer’s violation of Clause 7.6 and/or Clause 7.7. and/or clause 7.8. and/or clause 12.3. and/or clause 13.3. and/or Clause 13.4 of this Agreement, the Customer shall, at the request of the Contractor, pay the Contractor a fine in the amount of 50,000 (fifty thousand) UAH. for each violation.
9.18. If, for any reason, the Contractor does not provide the Services according to the planned schedule, the Contractor’s responsibility is limited solely to holding the relevant event(s) (seminar, training) at another time.
9.19. The total liability of the Contractor under this Agreement, in any case, cannot exceed the cost of the Service in the amount paid to the Contractor by the Customer.
9.20. Money in the amount of the cost of the Services, which are not subject to return by the Contractor to the Customer according to the terms of this Agreement, is a fine for violating the terms of the Agreement.
10. RETURN POLICY AND REFUSAL OF SERVICE BY THE CUSTOMER
10.1. The customer has the right to refuse the Services on the selected topic in the following cases:
a) at any time before the date of commencement of provision of such Services by the Contractor,
b) at any time within 14 (fourteen) calendar days from the date of commencement of provision of Services by the Contractor on the selected topic (the date of the first event on the selected topic).
In the above cases, the Customer must contact the Contractor and issue a request for refusal of Services and refund of funds, taking into account the conditions of clause 10.2. Agreement.
10.2. If the Contractor received a refund request from the Customer:
10.2.1. in accordance with the conditions of sub-clause a) clause 10.1 of the Agreement, namely by the date of commencement of the provision of Services by the Contractor on the selected topic – the Contractor undertakes to return all monies received, paid by the Customer for the Services on the selected topic, less the commission of the payment system associated with welcome back;
10.2.2. in accordance with the conditions of subparagraph b) of clause 10.2. of the Agreement, namely within 14 (fourteen) calendar days from the date on which the Contractor began providing Services on the selected topic (the date of the first event on the selected topic) – the Contractor shall refund funds in the amount that is the difference between the funds paid by the Customer for the Services on the selected topic the topic and cost of the Services actually provided by the Contractor on the selected topic, provided that the Customer fully and properly fulfills all its obligations specified in clauses 8.2.1 and 8.2.5 within the relevant period until the moment of its refusal from the Services. Agreement. Fulfillment of the above requirements by the Customer is considered evidence that the Customer has properly consumed the Services, fulfilled the terms of this Agreement, and made a reasoned decision to terminate the Services. In this case, the cost of the Services actually provided by the Contractor on the selected topic is determined and calculated by the Contractor independently in proportion to the total volume and cost of the Services. In addition, the fee of the payment system associated with the return is deducted (subtracted) from the amount to be returned.
The parties have agreed that in the event the Customer fails to fulfill any of its obligations specified in Clause 8.2.1 and Clause 8.2.5. of the Agreement, the Customer does not have the right to return any monetary funds, and the sums of payment for the Services paid by the Customer in favor of the Contractor remain with the Contractor as compensation for the Contractor’s expenses incurred in connection with the preparation for the provision of the Services and for the Services provided before the date of refusal in their respective part.
10.2.3. Starting from the 15th (fifteenth) calendar day from the date the Contractor began providing Services on the selected topic (the date of the first event on the selected topic) – the Contractor shall not refund any monies paid under the Agreement. The parties agreed that the sums of payment for the Services paid by the Customer in favor of the Contractor remain with the Contractor as compensation for the Contractor’s expenses incurred by him in connection with the preparation for the provision of the Services and for the Services actually provided up to the date of the refusal of the corresponding part of the Services.
10.3. To refuse the Service and issue a refund (if such a refund is provided for by the conditions of sub-clauses 10.2.1. or 10.2.2. clause 10.2. of this Agreement), the Customer must write to the Contractor at the e-mail/mail address specified in the last section (Contractor Details). The Contractor undertakes to notify the Customer of receipt of the request at the e-mail address specified by him when placing the order.
10.4. To issue a refund, the Customer must indicate in the refund request letter: his/her surname, first name and patronymic, indicated when placing the order, e-mail address, name (topic) of the Service, date of order, payment information, reasons for refusal Services and other necessary information. The Customer understands that if he does not provide the necessary information, the Contractor has the right to refuse to return the funds and not consider his appeal.
If the Customer issued a refund request within the specified time and has the right to refund the relevant funds according to the terms of the Agreement, the Contractor undertakes to return the paid funds to him within 15 (fifteen) banking days from the date of receipt of the duly executed request for such refund. The payment system fee associated with the refund will be deducted from the corresponding refund amount.
10.5. If the Customer did not use the Service, or refused the Service in violation of the terms of the established procedure, the Contractor does not refund the cost of such Service. The parties agreed that in this case, the sums of payment for the Services paid by the Customer in favor of the Contractor shall remain with the Contractor as compensation for the Contractor’s expenses incurred by him in connection with the preparation for the provision of the Services and/or for the Services actually provided up to the date of refusal of the corresponding parts
10.6. In the event that the Service has been provided in full before the expiration of the relevant terms of refusal from the Service specified in this Agreement, or before the request for a refund is received, the refund will not be made. If the refund request was received in violation of the established terms, the refund will not be made.
10.7. The parties agreed that in case of refusal by the Customer from the Services and/or refusal to pay for the Services ordered by way of reservation in accordance with clause 5.1.3. of the Agreement, the amount of the payment made during the reservation, paid by the Customer in favor of the Contractor, is not returned to the Customer and remains with the Contractor as compensation for the Contractor’s expenses incurred by him in connection with the preparation for the provision of the ordered Services.
11. CIRCUMSTANCES OF FORCE MAJEURE
11.1. The parties are released from responsibility for partial or complete non-fulfillment of obligations under this Agreement, if it was the result of circumstances of force majeure (force majeure), such as: natural disasters, fire, floods, strikes, other circumstances, if they affected the fulfillment Parties to this Agreement. Circumstances of force majeure (force majeure) should be understood as circumstances that arose during the term of this Agreement as a result of unforeseen and unavoidable events by the Parties. In these cases, the deadline for the Parties to fulfill their obligations under the Agreement is postponed in accordance with the time during which such circumstances and their consequences are in effect.
11.2. Appropriate proof of the existence of force majeure circumstances is a relevant document issued by the Chamber of Commerce and Industry of Ukraine.
11.3. In addition to what is specified in clause 11.2. of the Agreement, the Customer has the right to refer to force majeure circumstances as the basis for incomplete or late payment by the Customer of the Services, only in the event that the Customer provides the Сontractor with proper documentary confirmation of the existence of a cause and effect relationship between the incomplete or late payment of the Services and specific circumstances of force majeure.
11.4. The occurrence of the specified circumstances is not a reason for the Customer’s refusal to pay for the Services provided before their occurrence and the Contractor’s refusal to provide the Services by the payment made by the Customer.
11.5. If force majeure lasts for more than 60 days, each of the Parties has the right to initiate the termination of this Agreement by sending an appropriate written notice to the other Party.
12. CONFIDENTIALITY. PERSONAL DATA
12.1. Taking into account the fact that when concluding this Agreement, the personal data of individuals become known to the Parties, in order to comply with the provisions of the Law of Ukraine “On the Protection of Personal Data”, individuals signing this agreement:
– confirm that they have given consent to the collection, processing, accumulation, storage, distribution, and destruction of personal data of the Parties to this Agreement;
– confirm that they have been informed about their rights (according to the Law of Ukraine “On the Protection of Personal Data”) and about the purpose of collecting personal data.
– fully understand that the provided information is personal data, that is data used to identify the representatives of the Parties, and agrees that such data is processed (stored) by the Parties for further use by the Economic, Civil, and Tax Codes of Ukraine, the Law of Ukraine ” On accounting and financial reporting in Ukraine” and for the implementation of business relations between the Parties.
12.2. The Customer’s data is stored and processed by the Contractor in the manner stipulated by this Agreement for the entire duration of the Agreement and 3 (three) years from the moment of its termination or expiration.
12.3. Each of the Parties undertakes to observe confidentiality and not to provide third parties with information related to this Agreement, technical and other information received from the other party in the process of executing this Agreement, without the prior written consent of the other Party, except for cases provided for by this Agreement and current legislation of Ukraine.
12.4. The Contractor considers the information about the facts of the use of the Services by the Customer, as well as the content and process of providing the Services under the Agreement to be confidential information.
12.5. Information publicly disclosed by the Parties during the execution of this Agreement, as well as information that may be obtained by the Parties or third parties from sources to which any person has free access, are not confidential.
12.6. The Contractor never requires the Customer to provide any credit card number or pin code for credit or other monetary cards. If such requests appear (on the Site or in the form of electronic messages), the Customer should immediately stop using the Site and notify the Contractor’s contact addresses specified in this Agreement.
13. INTELLECTUAL PROPERTY RIGHTS AND PERMISSIONS
13.1. Materials, graphics, design, and software contained on the Site are the property of the Artist and are protected by copyright.
13.2. The parties have unconditionally agreed that any intellectual property rights, including exclusive property rights of intellectual property (exclusive right to use, exclusive right to permit use, right to prevent improper use, including prohibition of such use, etc.) to any materials (text, audio, video, graphic and any other materials) to which the Customer received access in connection with his receipt of Services under this Agreement, are fully owned by the Contractor and/or used by him on appropriate legal grounds throughout validity period of intellectual property rights.
13.3. The Customer is prohibited from copying, reproducing, distributing or in any other way using for commercial or non-commercial purposes the information and materials provided by the Contractor under this Agreement, creating information products based on it, as well as using this information, except for personal use.
13.4. Services are provided for personal use by the Customer. It is forbidden to transfer the content of the Services to third parties without the prior written permission of the Contractor.
13.5. The customer is warned that audio recording and/or video recording from the computer screen of a video seminar, lecture, or training as part of the Services under the Agreement is strictly prohibited. In case of violation of this requirement, the Contractor has the right to block access to the Customer’s account and terminate the Agreement unilaterally without refunding the cost of the Service.
13.6. The Customer grants unconditional permission to the Contractor to make audio and/or video recordings from the computer screen of video seminars, lectures, trainings, presentations, exams and any other online events held with the participation of the Customer (in the process of providing Services to the latter, including), and photography and/or video recording of the above and any other activities that are carried out with the Customer in person (in the process of providing Services to the Customer, including), during the entire actual period of providing Services to the Customer and/or the term of this Agreement, independently by the Contractor or by involving him with professional operators and/or other specialists, in order to create materials highlighting the Contractor’s projects and/or the process of providing Services, and/or the results and progress of the Customer (including practical and/or examination tasks performed by the Customer), creating any advertising and marketing materials to promote the Services and signs for the Contractor’s goods and services.
The Customer allows the use of the corresponding images of the Customer and/or images of practical and/or examination tasks performed by the Customer (audio and video recording of the computer screen, photography and video recording of eye events) obtained as a result of such actions by the Customer, without a time limit from the date of creation of such images on the territory all countries of the world in any form and by any means, including, but not limited to, the following ways, including: publish images on any material media; publicize the images, that is, publicly notify them, demonstrate and publicly show them to an unspecified circle of persons, re-publicize them in the specified way; reproduce images without limitation of circulation; copy images; make the images available to the public in such a way that their representatives can access the images from any place and at any time of their choice; post images on the Internet; use images for the purpose of advertising and popularizing the Contractor’s goods and services. The Customer guarantees that the use by the Contractor of photo and video materials, as well as other materials containing images of the Customer and the practical and/or examination tasks performed by him, in the ways provided for in this clause of the Agreement, will not violate the honor, dignity, business reputation of the Customer, as well as his personal non-property rights.
Images in this Agreement mean photographs, video materials and other works of art containing images of the Customer and/or practical and/or examination tasks completed by the Customer, obtained as a result of audio recording and/or video recording from the computer screen of online events with the Customer’s participation, photography and video recording of the Contractor’s face-to-face events with the Customer’s participation provided for in this clause of the Agreement.
14. DURATION OF THE AGREEMENT
14.1. The public offer (offer) is valid indefinitely. This Agreement comes into effect from the moment of Acceptance by the Customer of this Public Offer (offer), under the conditions stipulated in clause 3.3. of this Agreement, and is valid until the Parties fully fulfill their obligations (including compensation for all damages and payment of fines) under this Agreement or until it is terminated.
14.2. Changes and additions to this Agreement may be made by the Contractor unilaterally, without prior notice to the Customer. The version of the Agreement that was in effect at the time of the emergence of such legal relations shall be applied to legal relations that arose before the introduction of amendments and additions. The customer has no right to make changes and additions to this Agreement.
14.3. The Agreement applies to Customers who use the Contractor’s Services both before the date of publication of this Agreement and after the date of its publication on the Site.
15. FINAL PROVISIONS
15.1. The customer guarantees that all terms of this Agreement are clear to him and he accepts them unconditionally and in full.
15.2. This Agreement is governed and interpreted by the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved by the current legislation of Ukraine.
15.3. If, for one reason or another, any of the terms of this Agreement are invalid (null) or have no legal force, this does not affect the validity of the other terms of this Agreement.
DETAILS OF THE PERFORMER
Performer:
Limited Liability Company “BUSHTHAB TRADING HOUSE”
Location: Ukraine, 04071, Kyiv city, Yaroslavskyi lane, building 1/3
EDRPOU 45596755
Account UA063348510000000026004247636
Name of the bank: JSC “PUMB”
Bank code (MFI): 334851
Phone number 0443346915
Email support.academy@platma.com
Director Milyutenko Kateryna Serhiivna
