PUBLIC OFFER AGREEMENT FOR SERVICES
Since 1 January 2022
Person-entrepreneur Aleksander Klymenko (hereinafter - the "Contractor"), registered and acting in accordance with the laws of Ukraine, pursuant to Art. 633, 641 of the Civil Code of Ukraine, invites an unlimited number of individuals to enter into this Agreement for the provision of services (hereinafter - the "Agreement") on the following terms:
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement, the following terms and definitions are used in the following meaning: "Offer" - this document Public Offer for the sale of access to training software. "Acceptance of the Offer" - the full and unconditional acceptance by the Customer of the terms of this Offer, by the methods provided for in paragraph 3 of this Offer. "Offer Agreement" - an agreement between the Contractor and the Customer for the provision of Services, which is concluded through the Acceptance of the Offer. "Online Course" - a course or coaching, consisting of live online classes and video recordings. "Software" (hereinafter referred to as "Software") - a distance learning system with a library of Online Courses owned by the Contractor.
1.2. This Offer may use terms not defined in paragraph 1.1. In this case, the interpretation of such a term is made in accordance with the text of this Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided by the interpretation of the term: first of all - on the Contractor's website, secondly - the generally accepted meaning.
2. SUBJECT OF THE OFFER CONTRACT
2.1. The subject of this Offer Agreement is the paid provision to the Customer of access to the Contractor's software (hereinafter referred to as the "Service").
2.2. The online course, cost, term of the Services and the registration form are available at pikiran.org
2.3. Information and other materials, including on electronic media, audio and video recordings provided to the Customer by the Contractor as part of the provision of Services under this Agreement, are confidential information intended exclusively for the Customer. If the Customer allows the dissemination of this information, he shall be liable to the Contractor for the losses caused by the fact of dissemination of information in the form of a fine, the amount of which is specified in paragraph.8.2.
2.4. The Contractor has the right to change the library of Online Courses, the cost, the terms of this Public Offer without prior agreement with the Customer, while ensuring the publication of the changed conditions on the Contractor's website.
3. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE AGREEMENT OF THE OFFER
3.1. The Customer accepts the Offer by prepayment for the Contractor's Services, in respect of which the Offer Agreement is concluded, subject to the conditions described in paragraph 5 of this Offer.
4. GENERAL SERVICE CONDITIONS
4.1. The Contractor provides the Service to the Customer only if the following conditions are met:
4.1.1.The customer has sent his registration data, i.e. filled out the registration form posted on the pikiran.org pages also on any child page of the page pikiran.org
4.1.2. The Customer has accepted the Offer in accordance with paragraph. 3.1.
4.2. The service is provided to the Customer in the amount corresponding to the amount of the prepayment made by him.
4.3. These Services are not educational activities, are not subject to licensing, are not accompanied by a final assessment, the assignment of any qualification and the issuance of a document on education, except for a certificate or diploma, which is confirmation of the successful completion of the Online course.
4.4. Services are considered to be rendered properly and in full, if within 3 (three) business days from the end of the provision of services, the Customer does not file a complaint. In the absence of a complaint, the Service Acceptance Certificate is considered signed, and the Services are properly rendered.
4.5. The Parties after the provision of the Services under the Offer do not have any claims against each other.
5. COST OF SERVICES AND PROCEDURE OF PAYMENTS
5.1. The cost of the Services is indicated on the website pikiran.org
5.1.1. The cost can be changed and depends on: - the chosen tariff plan; - quantitative and qualitative changes in the program of the Online course; - individual discount of the Customer.
5.2. Payment for the Services is made by the Customer in the order of advance payment in the amount of 100% or any other percentage of the amount of the Services determined in the process of temporary promotions and special offers.
5.4. Payment is made by transferring funds, through the wayforpay payment system, to the account of the Contractor.
5.5. The service will be considered paid from the moment of receipt of funds to the Contractor's personal accounts.
5.6. In case of refusal of the Customer from the services, the Contractor shall not return to the Customer the amount received on the personal accounts of the Contractor under this Offer.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Contractor undertakes:
6.1.1. Provide the Service in the proper quality, within the period agreed by the parties.
6.2. The performer has the right:
6.2.1. Change the library of Online Courses, the cost, the terms of this public Offer without prior agreement with the Customer;
6.2.2. Add the Customer's email address specified during registration to your mailing list.
6.2.3. Stop the learning process of the Customer at its own discretion without the possibility of appeal and return of funds paid for the Online Course, if the actions of the Customer or circumstances created by the Customer threaten or may threaten in the future the confidentiality of the Online Course materials, the learning process, the reputation of the Contractor .
6.3. The customer undertakes:
6.3.1. Comply with all the rules for receiving the Services established by the Contractor in this Offer;
6.3.2. Do not distribute informational materials and do not subject them to possible distribution obtained in the course of the provision of the Services, and do not record them on audio and / or video media. In the event that the Customer allows the distribution of the specified information, he shall be liable to the Contractor for the losses caused by the fact of dissemination of information, including lost profits, in the amount specified in paragraph 8.2.
6.4. The customer has the right:
6.4.1. Unsubscribe from emails sent by the Contractor by clicking on the link provided in the email.
7. VALIDITY AND MODIFICATION OF THE OFFER
7.1. This Offer comes into force from the moment the Customer makes the Acceptance of the Offer and is valid until the obligations are fully fulfilled by the Parties.
7.2. The Customer agrees and acknowledges that the introduction of changes to the Offer entails the introduction of these changes into the Offer agreement concluded and valid between the Customer and the Contractor, and these changes come into force simultaneously with the moment these changes are made.
8. RESPONSIBILITIES OF THE PARTIES
8.1. For failure to fulfill or improper fulfillment of obligations under this Offer, the Parties must be liable in accordance with applicable law.
8.2. The Customer is liable in accordance with clause 6.3.2 in the amount of up to 1000% (thousand percent) of the cost of the Services paid by him.
8.3. All disputes and disagreements that may arise from this Offer or in connection with it must be resolved through negotiations between the Parties. If it is impossible to reach an agreement through negotiations, the Parties apply to the arbitration court at the current location of the Contractor.
8.4. Without conflicting with the above, the Contractor is released from liability for violation of the terms of the Offer Agreement, if such violation is caused by force majeure circumstances (force majeure), including: actions of public authorities (including the adoption of legal acts), fire , flood, earthquake, other natural disasters, lack of electricity and / or computer network failures, strikes, civil unrest, riots, any other circumstances, not limited to the above, that may affect the execution of the Offer Agreement by the Contractor.
8.6. Payment under this Offer means acceptance of all the conditions (clauses) listed above.
Contractor: Aleksander Klymenko
TAX ID NUMBER: 6793243478
CONTACT NUMBER: +48 511 628 336
E-mail: firstname.lastname@example.org PIKIRAN.ORG