Offer Agreement
Publication date - June 7, 2024
This offer is an official offer by Lyudmila Andriivna Rybchuk, entrepreneur, code EDRPOU
The moment of full and unconditional acceptance by the Customer of the Contractor's proposal (acceptance) to conclude an electronic Service Agreement shall be deemed to be the fact of payment for services under the terms of this Agreement, at the time and at the prices specified by the Contractor.
Conclusion of this Agreement shall also be considered as conclusive actions: putting a check mark opposite the field "Acquainted with the public offer" or other confirming familiarization with the Agreement, and/or paying the bill or using an online payment method to pay for the Services and/or obtaining online access to the Services in the record or attendance at an online or offline service event.
Please read the Agreement carefully, as it regulates your use of the Site and the terms of ordering and providing services by the Contractor. By using our Site, you agree and undertake to comply with its terms in full.
By accepting this Offer, you agree to all the conditions set out below and confirm that you understand all its provisions and conclude a contract for the provision of services with FOP RYBCHUK LYUDMYLA ANDRIIVNA based on these conditions.
If you do not agree with the terms of this Offer, please do not order or pay for the services offered on this Site.
If you do not understand certain provisions, we suggest that you contact us by sending a letter to the e-mail address: .ten.rku%4088kihcrol
1. CONCEPTS AND DEFINITIONS
In this offer, unless the context otherwise requires, the following terms have the following meanings:
Services - information services provided by the Contractor to the Customer - access to educational materials (online courses and/or recorded materials) and/or provision of information services by the Contractor in an offline format, in accordance with the description and list of services specified on the Site, and selected and paid for by the Customer.
The tariff is a set of information services that have a different degree of content and volume and, accordingly, a difference in cost. The number of tariffs, their content and cost are displayed on the Site.
Online store - in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling a product, work or service by means of an electronic agreement.
Contractor - who implements the services presented on the Site.
Order - the selection of individual items from the list of goods and/or services specified by the Buyer when placing the order and making payment.
Verified means of communication - any means of communication that the Parties have agreed upon and that guarantee the delivery of messages. A means of communication is considered verified when one Party has sent a message, and the other Party has sent a response to this message, confirming its receipt. The following means of communication are recognized as means of communication that are considered verified for the purposes of this Agreement: e-mail, well-known messengers such as WhatsApp, Telegram, Viber and others, phone calls by prior agreement of the Parties, any other means of communication connection that both Parties agreed to use.
The customer is a legally competent natural person who has reached the age of 18, receives information from the Seller, places an order on the Site for purposes not related to the implementation of business activities, or a legal entity or an individual entrepreneur who ordered and paid for the services of the Contractor.
When placing an order on the website for the successful provision of services, the Customer undertakes to provide the following contact information - surname, first name, contact phone number, email address, and other information at the Contractor's request.
2. SUBJECT OF THE AGREEMENT
The Contractor undertakes to provide the Customer with information services, and the Customer undertakes to accept and pay for the services under the conditions specified in this Offer. The cost of the Services and the procedure for their provision are specified on the Site and/or in social networks.
3. CONTRACT CONCLUSION PROCEDURE
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 to conclude such an Agreement, the Customer confirms that he fully accepts its terms.3.3 The Customer accepts (accepts) the Offer by: taking conclusive actions - paying for the Contractor's services or receiving services. The written form of this Agreement in accordance with.3.4 "On electronic commerce" can additionally be confirmed by sending an email.
4. SERVICE COST AND PAYMENT PROCEDURE
4.1. The price is determined and applied according to the type of service chosen by the Client and is indicated on the Website.
4.2. Payments for services are made by transferring funds to the Contractor's bank account or through online payment systems used by the Contractor on the Website, or by using other payment systems or by paying an invoice issued by the Contractor.
4.2.1. Payment is considered completed by the Client once the funds have been received in the Contractor’s bank account.
4.3. Payment is made in the national currency of Ukraine – hryvnia.
4.4. Payment is made in the form of a 100% prepayment.
4.5. The Client may receive a discount on the Contractor's services. The conditions for providing a discount are communicated to the Client through promotional materials and are valid in accordance with the terms and for the period specified in such promotional materials. The discount is not available after the payment for services has been made.
5. PROCEDURE AND TERMS OF SERVICE PROVISION
5.1. Services are provided as follows:- Online services over the Internet by granting the Client access to selected and paid information services, either in recorded format or via live online streaming, through a platform specified by the Contractor after the Client has completed payment, for the duration of this Agreement;- Offline services by conducting intensives, informational courses, and other formats of informational services, at the address and time specified by the Contractor on the Website.Payment for services is non-refundable if the Contractor fulfills the conditions of this Agreement.
5.2. The Contractor is not responsible if the Client misses an online streaming service or is not present for offline services.If the Client informs the Contractor in writing, through verified communication methods, of their inability to attend offline services at least five (5) business days before such services are rendered, the Contractor grants the Client the right to select other services provided by the Contractor for an equivalent amount within one (1) month of such notification.
5.3. Online services are considered provided and the Contractor’s obligations under the Agreement fulfilled when the Client is given access to the informational materials or a link to the online stream via the contact information provided by the Client. The Client receives services by viewing informational materials as per the selected plan. All informational services and materials are copyrighted and subjective.
5.4. Offline services are considered provided and the Contractor’s obligations under the Agreement fulfilled when the Contractor or an authorized person is present at the place and time specified for the provision of such services and shares the information as outlined on the Website.
5.5. Informational services are provided in the format and content specified on the Website on an “as is” basis; the Client’s complaints regarding the service provision are not accepted, and the services are considered duly provided if the Contractor has met the conditions outlined in clauses 5.1-5.4 of this Agreement.
5.6. The Client understands and agrees that the Contractor provides informational services and cannot and does not guarantee the achievement of specific results by the Client, including the acquisition of skills or winning positions in competitions, as results depend on the Client’s actions.
6. OBLIGATIONS OF THE PARTIES
6.1. Obligations of the Contractor:
6.1.1. Provide services to the Client in accordance with the terms of this Offer.
6.1.2. Grant the Client access to informational services after payment, and for offline services, within the timeframes specified on the Website.
6.1.3. Comply with the terms of this Agreement.
6.2. Obligations of the Client:
6.2.1. Accept and pay for the services in accordance with the terms of this Offer.
6.2.2. Use the services personally, not transfer access to the services or any Work Materials to third parties, nor copy or otherwise reproduce the materials. In the event of a violation of this condition, the Contractor has the right to terminate the Agreement unilaterally, and the Client agrees to pay a penalty of 200% of the cost of the respective services.
6.2.3. Comply with the terms of this Agreement.
7. DISCLAIMERS AND INTELLECTUAL PROPERTY RIGHTS
7.1. All rights to the Website and informational materials belong to the Contractor.
7.2. Intellectual property rights to the informational materials, including but not limited to images, audio, video, logos, trademarks, texts, graphics, sounds, and slogans, belong to the Contractor.
7.3. The Contractor also uses intellectual property objects that may belong to other parties under the relevant license, agreement, or other lawful basis.
7.4. The Contractor grants the Client a limited, non-exclusive, revocable, and non-transferable license (without the right to sublicense) to access the informational materials.
7.5. The Client understands and agrees that 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.
8. LIABILITY OF THE PARTIES
8.1. In the event of a payment violation, the Contractor has the right to unilaterally terminate the Agreement and restrict access to the informational services.
8.2. The Contractor may unilaterally terminate this Agreement and block access to informational services if it is discovered that the Client is publicly sharing (or reproducing in any form) the informational materials and/or transferring access to the services or information to third parties who are not a party to the Agreement, and/or purchasing the informational services collectively (with multiple individuals).
8.3. If the Contractor discovers violations as outlined in clause 8.2 of this Agreement, the Client agrees to pay a penalty equal to 200% of the service fee under the respective Rate, but not less than the equivalent of 500 (five hundred) Euros as of the payment date. Violations may be documented by screenshots, software tools, evidence of third-party access to the platform or informational materials, or by any other reasonable means.
8.4. The Contractor is not liable for improper or untimely service delivery or fulfillment of its obligations in the event the Client provides inaccurate or incorrect information.
8.5. The Parties are exempt from liability for full or partial failure to fulfill their obligations if this failure is due to force majeure circumstances, such as war or military actions, earthquakes, floods, fires, or other natural disasters occurring independently of the Seller's and/or Buyer’s will after the conclusion of this Agreement. The Party unable to fulfill its obligations shall immediately inform the other Party.
9. RESOLUTION OF DISPUTES
9.1. All disputes arising from the execution of this Agreement shall be resolved by the parties through negotiations.
If disputes are not resolved through negotiations, they are resolved in accordance with the current legislation of Ukraine.
10. DURATION OF THE AGREEMENT
10.1. An electronic contract is considered to have been concluded from the moment the person who sent the proposal to conclude such a contract receives a response to the acceptance of this proposal in accordance with the procedure specified in part six of Article 11 of the Law of Ukraine "On Electronic Commerce". The actual date of the electronic agreement v between the parties is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce".The contract is valid from the moment of receipt of payment by the Contractor and until the end of the provision of relevant information services.10.2. If the program of the relevant Tariff provides for the possibility of extended use of information materials, this Agreement is automatically extended for the period of validity of such access provided for by the program of the relevant Tariff.10.3. The Contractor has the right to unilaterally terminate this Agreement if the Customer fails to fulfill its obligations under this Agreement or violates the terms of the Agreement.The contract may be modified or terminated at the request of the joining party, if it is deprived of the rights it normally had, and also if the contract excludes or limits the liability of the other party for breach of obligation or contains other conditions that are clearly burdensome for the joining party. The party that has joined must prove that, based on its interests, it would not have accepted these conditions if it had the opportunity to participate in determining the terms of the Agreement.
11. OTHER TERMS
11.1. By joining this Agreement, the Customer grants the Contractor the right and his unconditional consent to the collection, processing and storage of his personal data in accordance with the Privacy Policy and the Law of Ukraine "On the Protection of Personal Data". In addition, by concluding the contract, the Customer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", the purposes of data collection, as well as the fact that his personal data is transferred to the Contractor for the purpose of being able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Customer also agrees that the Contractor has the right to provide access and transfer his personal data to third parties without any additional notice for the purpose of fulfilling the order. The extent of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.By joining this Agreement, the Customer grants the Contractor the right to publish the Customer's reviews and his results and cases on the Internet and social networks.11.2. The customer is responsible for the accuracy of the information specified when ordering information.
11.3. The Contractor may change the terms of this Agreement unilaterally, provided that it is previously published on the Site.11.4. If any of the terms of the Agreement is deemed invalid or contradicts the current legislation, all other terms of the Agreement remain valid and binding for both Parties.11.5. If this Offer does not provide otherwise, the usual contractual conditions established by the current legislation of Ukraine shall apply.