Individual entrepreneur HAIDUCHENKO NATALIIA VOLODYMYRIVNA (3205904428) (hereinafter - the Contractor) invites individuals or natural persons-entrepreneurs (hereinafter - the Customer) (hereinafter - the Parties, separately the Party) to join this offer of public service on training (hereinafter - the Agreement) on the terms specified therein and in accordance with the selected list of services.
This Agreement is an official proposal (public offer) to individuals or natural persons-entrepreneurs to enter into an agreement on the provision of training services.
The Customer is considered to have accepted the terms of the Agreement in full, without any restrictions, reservations and exceptions from the moment of its acceptance by sending a request to order services for training of the Contractor.
In case of disagreement of the Customer with the terms of this Agreement, the Contractor is obliged not to take action to provide services, and orders are subject to automatic cancellation.
By agreeing to this Agreement and ordering the Services, the Customer guarantees that he is not a representative of any legal entity and does not act in the interests of the legal entity.
1. TERMS AND DEFINITIONS
1.1. Service package - a set of educational services for the study of various subjects offered by the Contractor to the Customer on the Site.
1.2. Order - a power of attorney for the provision of services, placed by the Customer on the site or any social network that is administered and associated with the name of the Contractor.
1.3. Service Request - a message left by the Customer on the Contractor's website, social networks, google forms and messengers that are related and / or administered by the Contractor.
1.4. Training course - a set of classes conducted by the Contractor to the Customer in accordance with the prepared training program, which is based on the results of testing the Customer and corresponds to the level of knowledge of the latter, its goals and objectives.
1.5. Material - written response to the order, presentation, interactive material, video, checklists, etc., which are transmitted to the Customer based on the results of services. Such a response can be transmitted as a separate file or document, and in the form of a message on social networks or messengers in a dialogue between the Customer and the Contractor.
1.6. Tariffs - information about the price of the Service, conditions of discounts, other useful benefits, which are specified in private messages on social networks, dialogs in messengers, on the website, social network pages owned by the Contractor, or advertising materials.
1.7. Distance learning method - a way of conducting classes, communication, including in the chats of the Contractor, which consists in the use by the Parties of programs / applications / messengers that work via the Internet - Skype, Telegram, WhatsApp, Google Meet, Messenger, Zoom, Instagram and other programs Defined by the Customer Online.
1.8. Group lesson - fixed two lessons / week lasting 1.5 hours each (+ 10 min break if desired) (unless another option is agreed), which follow one program and are postponed only if there is such an opportunity and consent of the whole group. There may be an error in the duration of the lesson +/- 3 minutes.
1.9. Individual classes on the duration, frequency and number of students can be any at the request of the Customer, starting with 1 hour, 1 lesson / week and 1 student in free time in the schedule. The number of students in the group limited by the Customer (from family or friends without the possibility of adding students by the Contractor) is considered as an individual lesson. There may be an error in the duration of the lesson +/- 3 minutes.
1.10 The postponement of the class for any reason means the presence of an advance warning by means of a message left by the Customer in the Telegram messenger or a text message to the number specified in Telegram, administered by the Performer (at least 24 hours and, in case of unforeseen circumstances, at least 2 hours before the class in between 10:00 a.m. and 6:00 p.m. EET/EEST), in which case the class is postponed only once to another day with the consent of the teacher or canceled. Otherwise, the lesson is counted.
1.11 Canceling a class - the impossibility of rescheduling a class or the Customer's refusal to postpone a class in the current month (if more than 1 class/month is canceled, the discount on the number of classes is cancelled).
1.12 Refusal of classes for any reason means canceling classes for more than a week. In this case, the discounts are canceled, the Contractor does not refund the money to the Customer, but provides an opportunity to work out the paid classes only in the current month and does not keep a place in the schedule for the Customer.
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement, the Contractor provides the Customer with information and consulting services to study various subjects remotely, which the Customer undertakes to accept and pay for services under the conditions specified in this offer and / or private messages on social networks or dialog. The cost of a particular Service may be determined on the relevant page of the site, page on social networks administered by the Contractor, advertising materials, private messages in social networks or a dialog box in messengers.
2.2. Services for the study of various subjects are provided to the Customer in the class individually and / or in a group.
2.3. The service is provided in the form of a call or video call. If the Customer wishes to record such a call, he must notify the Contractor of the recording before the start of the recording. In the case of an audio or video recording of a call, such recording acquires the status of transmitted Materials and is subject to the Regulations on Materials as provided in this Agreement, in particular such recording may be used for personal use and may not be distributed in any way.
2.4. The Contractor guarantees a structured training course according to the curriculum, and the Contractor is not responsible for the inconsistency of the services provided with the goals, objectives, ideas and / or desires of the Customer.
3. PROCEDURE FOR ACCEPTANCE OF THE OFFER
3.1. This Agreement is concluded on the terms of the accession agreement (Article 634 of the Civil Code of Ukraine) and is considered concluded from the moment of acceptance of the public offer.
3.2. By accepting a public offer for the conclusion of such an Agreement, the Customer confirms that he fully accepts its terms.
3.3. The Customer accepts (accepts) the offer by: carrying out implicit actions - payment for the ordered service specified in section 6 of this Agreement.
4. EDUCATIONAL PROCESS
4.1. The Customer independently chooses the Service Package through the Site, google form or message left by the Customer on the Contractor's website, in social networks and messengers, which are connected and / or administered by the Contractor.
4.2. The educational process takes place during the calendar year.
4.3. The training process takes place according to the training schedule determined jointly by the Customer and the Contractor, taking into account the workload of the Customer.
4.4. If only one Customer comes to the lesson in the case of a group lesson (1 hour 30 minutes), the Contractor shall provide the Customer with an individual lesson lasting 1 hour without a break.
4.5. If the Customer misses the class for any reason, then with advance notice (at least 24 hours and, in case of unforeseen circumstances, at least 2 hours before the class between 10:00 a.m. and 6:00 p.m. EET/EEST), the class is rescheduled only once to another day with the consent of the teacher or is canceled.
4.6. If the Customer did not give notice of the cancellation of the class or gave notice later than 24 hours or, in unforeseen circumstances, later than 2 hours before the class and not in the time period from 10:00 to 18:00 EET/EEST, or reschedules the already postponed class , The performer credits this class and the payment is credited.
4.7. If the Customer is late for classes, the Contractor is not obliged to delay the lesson.
4.8. The Contractor is not responsible if the Customer missed classes.
4.9. If the Customer misses 40% of classes within a month with prior notice, the Contractor may refuse to provide services and not keep the place for the Customer. In this case, the payment is not carried over to the next month.
4.10. If the Customer refuses classes after paying a monthly fee for classes, the Contractor does not refund the Customer, but provides the opportunity to work off paid classes only in the current month.
4.11. If more than 1 class is canceled by the Customer or the Performer within a month, the discount for the number taken is cancelled.
4.12. The customer independently notes all the information he receives during the lesson. In agreement with the Contractor, the Customer may make an audio or video recording of the lesson.
4.13. The Customer and the Contractor have the right to adjust the training schedule in accordance with the terms of this section.
4.14. The moment of providing the services is considered to be the beginning of the oral consultation and / or transfer of access to the Materials. The Customer consumes the services by listening to the professional advice of the Contractor or viewing Materials. All Materials are copyrighted and subjective, the Contractor may not agree with the positions set out in these materials. The copyright for all Materials belongs to the Contractor.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Contractor is obliged to:
5.1.1. To provide the Customer with the Services qualitatively and in the amount selected by the Customer in accordance with the terms of this Agreement.
5.1.2. Involve teachers in the process of providing services.
5.1.3. To ensure timely, in accordance with the schedule and program, classes with the Customer, to notify the Customer in a timely manner of the postponement or cancellation of classes provided for in the curriculum, with simultaneous notification of the date to which the specified class has been postponed.
5.2. The Contractor has the right to:
5.2.1. Receive payment for the Services in accordance with the terms of this Agreement.
5.2.2. At any time to refuse the Customer to provide the Services and terminate the Agreement if his behavior during the receipt of the Services does not allow the Contractor to properly perform its duties and provide information within the curriculum, if the Customer violates the schedule of classes, and also in case of contempt of the Customer to employees of the Contractor. In this case, the funds paid by the Customer for the provision of Services are not refundable.
5.2.3. To organize a replacement of the teacher, if it is possible.
5.3. The customer is obliged to:
5.3.1. Conscientiously comply with the terms of this Agreement, as well as comply with the requirements described on the Site, adhere to generally accepted ethical rules of conduct.
5.3.2. Arrive on time for classes. In the absence of the Customer at the class, without prior agreement with the Contractor in accordance with the terms of this Agreement, the Customer loses the right to make any claims against the Contractor.
5.3.3. Do not transfer responsibility to the teacher for attending classes and doing homework by the Customer.
5.3.4. If necessary, purchase training materials provided by the program, which contribute to the development of the Customer.
5.3.5. Provide only personal access to electronic resources that constitute the intellectual property of the Contractor.
5.3.6. Use all training materials exclusively for the purposes of this Agreement and do not violate the intellectual property of the Contractor for training materials and methods.
5.4. The customer has the right to:
5.4.1. Receive Services in accordance with the provisions of this Agreement;
5.4.2. Receive the necessary and reliable information about the Contractor, its mode of operation and the list of Services provided.
6. PRICE OF SERVICES AND PROCEDURE OF CALCULATIONS
6.1. The price of the Services is indicated by the Contractor on the Site and varies depending on the Service Package. This price may be indicated on the relevant website and / or social networks or promotional materials.
6.2. The first lesson is paid by the Customer separately. After the first lesson, the Customer pays for the lesson for the whole month.
6.3. After ordering the Service and final approval of issues, the Contractor announces its final price. This price is not subject to review by the Customer.
6.4. The Customer pays for the Contractor's Services in advance by the 5th of the current month. Payment must be made for one month of study in one payment. In case of ordering a limited training course, Payment must be made for the entire training course in one payment.
6.5. If the training starts after the 5th of the current month, the Customer shall pay no later than 24 hours before the booked time of classes, unless otherwise agreed by the Parties during the coordination of services.
6.6. Payment is made by transfer to the bank account of the Contractor.
6.7. The date of payment for the Services by the Customer is the date of crediting funds to the bank account of the Contractor.
6.8. The Contractor warns by notifying the Customer of changes in the cost of Services provided by publishing new tariffs on the Site or registration form. The new cost of Services comes into force from the moment of publication of relevant information on the Site or after the relevant notification to the Customer in the ordering process, if information about changes in the cost of Services has not been published on the Site and does not apply to services already paid by Customer.
6.9. If the Customer refuses classes after paying a monthly fee for classes, the Contractor does not refund the Customer, but provides the opportunity to work off paid classes only in the current month.
6.10. If the Customer did not give notice of the cancellation of the class or gave notice later than 24 hours or, in unforeseen circumstances, later than 2 hours before the class and not in the time period from 10:00 to 18:00 EET/EEST, or reschedules the already postponed class , The performer credits this lesson and payment.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All rights to the content posted on the site, as well as all materials and the audio recording that the Customer may make during the classes belongs to the Contractor.
7.2. Intellectual property rights to the Materials used on the Site or other resources accessed by the Contractor, including, but not limited to, images, videos, logos, graphics, sounds, belong to the Contractor.
7.3. The Contractor grants the Customer a limited, non-exclusive, revocable and sublicenseable license to use the Materials. This means that all Materials and audio recordings that the Customer may make during the classes may be used solely for the personal needs of the Customer and may not be publicly distributed in any way. The term of such a license is unlimited and the territory of the license - the whole world.
7.4. This content can be used in the following ways: by reading it (by viewing, reading, listening, other acquaintances depending on the type of Content, as well as by reproduction solely for personal purposes).
7.5. Granting the right to use the objects of law to the Customer use of intellectual property for the purposes of this Agreement, the Contractor does not transfer any intellectual property rights to such objects and does not grant permission for their use for purposes other than those specified in the Agreement.
7.6. All materials provided by the Contractor to the Customer in the process of providing the Services are the result of the intellectual activity of the Contractor. The Customer agrees to the use of his photo-video image, reviews of services provided and other data received by the Contractor during the provision of services. In case of disagreement of the Customer with the use of his image or other data, he is obliged to notify the Contractor in writing.
7.7. Exclusive copyright, including related copyright, belongs to the Artist. All materials provided by the Contractor to the Customer in the process of providing services are intended only for personal use by the Customer. The customer has no right to copy, publicly quote these materials.
8. RESPONSIBILITY OF THE PARTIES
8.1. In case of violation of the terms of payment for services, the Contractor has the right to terminate the contract unilaterally and cancel the order.
8.2. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
8.3. For violation by the Customer of the intellectual property rights of the Contractor, the Customer shall pay a fine of 50 (fifty) dollars for each violation.
8.4. The Customer is personally responsible for the information provided by him during the registration of the Service Package.
9. SETTLEMENT OF DISPUTES
9.1. In case of disputes, the Parties will take measures for pre-trial settlement of disputes.
9.2. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction and jurisdiction of such dispute in accordance with the current legislation of Ukraine.
10. CIRCUMSTANCES OF FORCE MAJORITY
10.1. In the event of force majeure, ie circumstances that arose and act independently of the will of the Parties and which the Party could not objectively foresee and prevent, if these circumstances prevent the Party from properly fulfilling its obligations under this Agreement, the term of this Party obligations under this Agreement shall be extended for the duration of force majeure, but not more than for 3 (three) months.
10.2. Force majeure includes wars and other hostilities, earthquakes, floods and other natural disasters, the adoption of regulations by public authorities and local governments and other similar circumstances that prevent the Parties from properly fulfilling their obligations under this Agreement.
10.3. A Party that is unable to properly perform its obligations under this Agreement due to force majeure shall notify the other Party in writing of the occurrence of such circumstances and the estimated period of their validity within 5 (five) calendar days from the date their occurrence (with the addition of evidence of the existence of the following circumstances: a document issued by the Chamber of Commerce of Ukraine or other competent authority).
10.4. If the circumstances of force majeure or their consequences last for more than 3 (three) months, the Parties may terminate this Agreement by mutual negotiations.
11. TERM OF THE AGREEMENT
11.1. The Agreement is valid for 12 (twelve) months from the date of ordering the Service or other term agreed by the Parties separately.
11.2. The Contractor has the right to unilaterally terminate this Agreement in the case of:
11.2.1. non-fulfillment by the Customer of its obligations to pay under this Agreement;
11.2.2. cases of violations of section 6 of this Agreement.
12. OTHER CONDITIONS
12.1. By acceding to this Agreement, the Customer grants the Contractor the right to collect, process and store his personal data in accordance with the Privacy Policy.
12.2. The Contractor may change the terms of this Agreement unilaterally. In case of disagreement with the changed conditions, the Customer has the right to terminate the Agreement unilaterally
12.3. The Contractor has the right to send the Buyer text messages, e-mails, call to notify about new products, promotions or other information not related to a particular order.
12.4. Unless otherwise provided in this offer, the usual contractual terms established by law apply.
Individual entrepreneur HAIDUCHENKO NATALIIA VOLODYMYRIVNA (3205904428)