Public contract for the provision of information and consulting services
Individual entrepreneur Diuh Dmitry Anatolyevich date and number of the record of state registration of an individual entrepreneur 22040000000016824, registered and valid in accordance with the legislation of Ukraine, guided by Articles 633, 641 of the Civil Code of Ukraine (hereinafter referred to as the "Contractor") offers an unlimited number of individuals (hereinafter referred to as the "User") to receive the services provided for in this Agreement.
This Agreement is public in accordance with Articles 633, 641 of the Civil Code of Ukraine, and its terms are the same for all users. The Agreement shall be deemed concluded in accordance with Art. 642 of the Civil Code of Ukraine from the moment of performing the actions provided for in clause 5.3 of the Agreement and shall enter into force as an adhesion agreement (Art. 634 of the Civil Code of Ukraine), which means your full and unconditional acceptance of all the terms of the Agreement without any exceptions and/or restrictions (acceptance), for which the Contractor publishes this Agreement on the following.
GENERAL PROVISIONS AND TERMS.
Services - a set of consulting services provided by the Contractor in the manner and on the terms and conditions specified in this Agreement and the Course Programs, which are an integral part of this Agreement.
Public Offer means the Contractor's offer (posted on the Contractor's Website) addressed to an unlimited number of individuals in accordance with the laws of Ukraine to enter into this Agreement on certain terms and conditions.
The Contractor's Website is a web page on the Internet at: https://www.fooror.com/ which is the official source of informing users about the Contractor and the services provided to them.
Acceptance - full, unconditional and unconditional acceptance by the User of the terms of the Public Offer of this Agreement and the Program of the relevant Course.
User - an individual with the required amount of civil legal capacity who has reached the age of 18 and has accepted the Contractor's Public Offer set forth in this Agreement and paid the cost of the Services.
Course - expressed in the form of a consultation (master class, training or remote consultation) or audiovisual work (webinar or online training or remote consultation), a set of consulting services aimed at transferring information to the Client on a given topic in order to enable him to form a certain attitude towards the subject, as well as to develop certain skills in the field of activity under study.
Course Program - detailed terms and conditions for the provision of a particular Service, including, but not limited to, the following terms and conditions:
Name, subject matter and content of the Course;
Number of hours and/or schedule of the Course;
Course fee;
Payment procedure, etc.Reproduction (download) - a form of access to the Course by the User, in which a copy of the Course is created in electronic (digital) form with or without saving in the memory of the User's Devices.
Device means an electronic computer and/or other device operating on the principle of a computer, capable of processing and reproducing sound and image, both stationary and portable (including, but not limited to: desktop computers, laptops, mobile phones, smartphones, PDAs, etc.), which has the ability to access the global Internet.
SUBJECT MATTER OF THE CONTRACT.
Pursuant to this Agreement, the Contractor shall provide consulting services on informatization issues according to the course chosen on a paid basis, in accordance with the terms of this Agreement, and the User shall accept and pay for such Services.
The User undertakes to pay the Contractor the cost of the Course they purchase.
The Parties have agreed that the detailed content (titles of topics, format, number of training hours or schedule of classes, etc.) of the Training Course shall be agreed by the Parties in the Training Course Program, which shall be posted on the Contractor's Website or specified additionally before the start of the Services by sending the relevant information to the User.
COST OF SERVICES AND PAYMENT PROCEDURE.
The total cost of services provided to the User under this Agreement is the total amount of the Courses paid by the User.
The cost of a particular Course is determined by the Contractor in the Course Program, which is posted on the Contractor's Website at: https://www.fooror.com/, or is communicated by the Contractor's company manager personally to the client.
The cost of the Services provided for by this Agreement shall be paid by the User in non-cash form, by transferring to the current account of the Contractor or by online payment on the website (Apple/Google pay).
The fee is set for the entire duration of the Course and cannot be changed.
The Contractor shall have the right not to refund the funds paid by the User for training if the User withdraws from the Services of their own free will.
In case of early termination of the Agreement at the initiative of the Contractor, the Contractor shall refund only those Course lessons that have not been conducted by the Contractor. In this case, the conducted Course lessons are not compensated. Each such case shall be considered separately and accordingly in accordance with the Course selected by the User among other courses posted on the website by the Contractor, taking into account the specifics/format of each training program, to ensure the correct percentage calculation and amount of refund for unconducted classes.
TERMS OF SERVICE.
Consulting services are provided in the form of consultations (master classes, training or remote consultation) or in the form of remote reproduction of the Course on the User's Device (recording or live broadcast), in accordance with the curriculum and according to the schedule (schedule) of classes developed by the Contractor and contained in the Course Program posted in the relevant section of the Contractor's website.
The term (schedule) of training is determined in accordance with the Course Program. Acceptance of this Agreement shall be deemed to be payment by the Client, in full or in part, of the cost of the relevant Course and shall mean full and unconditional acceptance by the User of the terms of this Agreement and shall be equivalent to the User's handwritten signature under the Agreement. From the moment the funds are credited to the Contractor's account, this offer is considered accepted and the Agreement is concluded.
Acceptance procedure:
The User selects the Course on the Contractor's website and reads the payment terms.
After selecting the required Course(s), the User shall apply for a consultation or contact the Contractor at the specified contact phone number on the Contractor's website to register for the course, after which the Contractor shall send the User the details for payment for the selected Course at a bank branch or online banking through the online payment system services offered by the Contractor (WayForPay, Fondy).
The user makes the payment on the following terms: Not less than 300 UAH before the start of the course (advance payment for booking a place in the group is included in the course fee).
At least 40% of the total cost of the selected training package before the first lesson (access to the first consultation).
Final payment no later than the specified date of payment by the manager, in case of installments from the Contractor.
In case of non-payment or refusal to pay for the training course by the User, the advance payment for booking a place in the group is non-refundable and retained by the Contractor. If the Course is provided in a remote format (webinar, online training), then before starting such a Course, the User receives a link to access this Course, which will be sent to the email address specified by the User when purchasing the Course and / or receives a contact in a means of remote communication (for example, Instagram, Viber, Telegram, Zoom) for a remote consultation at the time specified by the Contractor.
From the moment of acceptance of this Offer, the User's unilateral withdrawal from the Agreement is unacceptable, and the refund of the paid money in case of unilateral termination of the Agreement is impossible.
The Service shall be deemed rendered from the moment the Contractor provides all the information and performs the entire program provided for in the relevant Course Program.
RIGHTS AND OBLIGATIONS OF THE CONTRACTOR.
The Contractor undertakes to:
Timely notify the User of changes to the Regulations, including all annexes thereto, and / or this Agreement by posting on the website or by personal notification.
Provide the User with advisory services in the scope according to this Agreement and the relevant Course Program.
To inform the User about the rules and requirements for organizing the provision of advisory services, their quality and content, the rights and obligations of the User when receiving services.
Develop a curriculum and organize classes.
If necessary, provide the User with educational and methodological materials and literature.
Issue an electronic certificate of completion of the Training Course in case of its full completion by the User. At his/her own request, the User has the right to print such a certificate.
The Contractor has the right to:
Receive from the User the information necessary to provide services under this Agreement. Receive payment for the services rendered in the amounts and within the terms stipulated by this Agreement and the relevant Course Program.
Cancel, interrupt or postpone any Courses by notifying the User at least 4 hours in advance (in case of unforeseen force majeure circumstances). In this case, a new start date of the Course will be set, after the causes of force majeure have been eliminated, with full refund of the Users' funds, and without changing the cost. In case of cancellation of the Course without the possibility of re-conducting it, postponement of the start of training after the elimination of force majeure, the Users shall be compensated for the cost due to the inability to provide services by the Contractor.
Publish any materials and feedback created by the User in the course of the Course, without any restrictions or compensation from the User.Engage third parties to provide services.
USER RIGHTS AND OBLIGATIONS.
The User undertakes to:
To study the program in good faith, attend theoretical and practical classes, and not to miss them without good reason.
Perform homework as part of the Course, in accordance with the instructions of the Contractor and/or its representatives, and within the time limits specified by them.
Timely pay the fee for the Services in the amounts and within the terms set forth in this Agreement and the Course Program.
To comply with the requirements of the legislation of Ukraine and the requirements of the Agreement on the organization of the provision of Services.To refrain from actions that:
May prevent other Users, invited persons or lecturers from participating in the Course and receiving information during the Course.
May cause damage to the material assets of other users, invited persons, lecturers or the Contractor, owners or users of the premises where the Course is held.
Violating public order, including insulting those present, expressed in the use of obscene language and/or loud conversations, creating noise with devices, etc.
Humiliate the honor, dignity, business reputation of the Contractor, other users, invited persons or lecturers, including by posting information on the Internet, in print, mailings or in any other way that is of a public nature.
Manifested in the use of audio or video equipment for the purpose of copying the Course materials or without it.If it is provided by the Course Program, pass the final internal test (Exam).
Refrain from copying and/or distributing the Course materials to third parties.
The User has the right to:
Receive the Services of proper quality in accordance with the Course Program.
Subject to successful completion of the training course, i.e. completion of at least 80% of the curriculum, and passing the confirmation exam upon completion of the Course, you will receive a Certificate of Completion.
RESPONSIBILITY OF THE PARTIES.
The parties shall be liable for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the current legislation of Ukraine.
To the maximum extent permitted by the legislation of Ukraine, the Contractor shall not be liable for indirect, incidental, actual, indirect or direct losses, directly or indirectly lost profits or loss of income, loss of data, performance, goodwill or other intangible assets associated with the User's access to and use of the Services or the inability to access or use the Services; materials or behavior, including defamatory, offensive or illegal behavior; unauthorized access, use or alteration of the User's materials or information.
In no case shall the amount of aggregate liability for all claims for services exceed the total amount received from the User for the use of paid services during the last six months.
The User agrees that the disclaimer of warranties and limitation of liability set forth in these terms and conditions reflect a reasonable and fair distribution of risks, and is also a necessary condition for the provision of services by the Contractor for an affordable fee.
No claims for the effectiveness of the User's use of the knowledge and skills obtained as a result of listening to / viewing the Courses may be made to the Contractor. The responsibility for the use of this knowledge and skills, as well as for any results, direct or indirect effects obtained as a result of the use of this knowledge and skills, lies entirely with the User.
The User fully, unconditionally and unreservedly accepts the terms of the Public Offer of this Agreement and the Program of the respective Course and agrees that any risk related to the Services must be submitted to the court within the limitation period of one (1) year after the occurrence of the grounds for it, otherwise such grounds shall be deemed invalid.
The User agrees that if the User fails to comply with clause 6.1.3 of this Agreement regarding the obligation to make payments on time, the Contractor shall have the right not only to suspend the provision of services and access to the Course until the payment is made, but also to terminate this Agreement.
In case of violation of clause 6.2. of this Agreement by the User and use of the Course materials for other than personal purposes, distribution of the Course materials in any way, the Contractor shall have the right to terminate this Agreement unilaterally, block the User's access to the Course and/or the website, without refund of the money paid by the User for the Course.
FORCE MAJOR.
The Parties shall be released from liability for failure to fulfill their obligations if such failure is caused by circumstances beyond the control of the Parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of government or administration, etc, which makes it impossible to fulfill the terms of this Agreement (hereinafter referred to as Force Majeure). Force Majeure shall apply and the Party for which it has occurred shall be released from liability for violation of the terms of this Agreement, provided that there is a written confirmation (conclusion, certificate) of the Ukrainian Chamber of Commerce and Industry on the occurrence of Force Majeure.
The Party for which the Force Majeure has occurred shall immediately notify the other Party and provide supporting documents to certify the Force Majeure fact.From the moment of receipt of such notification by the other Party, the fulfillment of the terms of this Agreement shall be suspended for the entire period of Force Majeure.In case of Force Majeure for more than 3 months, each Party has the right to initiate termination of the Agreement.
CONTRACT VALIDITY PERIOD.
This Public Offer comes into force from the moment it is posted on the Contractor's Website and is valid until its withdrawal by the Contractor.
The Contractor shall have the right to amend the terms of the Public Agreement at any time and/or withdraw the Offer at any time at its sole discretion. In case the Contractor makes changes to the Offer, such changes shall enter into force from the moment the amended text is posted on the Contractor's Website, unless another term for the entry into force of the changes is specified directly in the text of the amended Public Offer.
The Agreement shall enter into force upon the User's payment of the tuition fee and shall expire 3 months after the last final lesson of the course.
TERMINATION OF THE CONTRACT.
This Agreement shall be terminated:
By agreement of the Parties;
If the fulfillment of the obligations by a Party to the Agreement is impossible due to the adoption of regulations that have changed the conditions established by this Agreement, and either Party does not agree to amend the Agreement.
In cases of violation by the User of the conditions stipulated in clause 7 of this Agreement.In other cases stipulated by this Agreement and the current legislation of Ukraine.
The Agreement shall be terminated in case of refusal of the majority of the group members to take the Course, with which the User takes this Course, as an alternative, the Agreement shall be renewed with the course in the next group during the repeated (additional) enrollment
PROCESSING OF PERSONAL DATA.
The User confirms that he voluntarily and free of charge agrees to the processing of his personal data (including surname, name and patronymic, registered place of residence and/or actual place of residence, identification number, state registration data; bank details, telephone numbers and e-mail addresses, etc. ) in the database of personal data of the Contractor "Clients", including the collection, registration, inclusion in the database, accumulation, storage, adaptation, modification, updating, use, distribution (distribution, transfer), depersonalization, destruction of personal data in the database on the territory of Ukraine in order to fulfill obligations under this Agreement and to ensure the implementation of tax relations, economic relations, civil law relations and relations in the field of accounting. The User agrees to transfer his/her personal data to third parties to the minimum extent necessary and only for the purpose of fulfilling the obligations under this Agreement, which correspond to the objective reasons for collecting the relevant data.The User confirms that he/she has been informed of his/her rights under the Law of Ukraine "On Personal Data Protection" of June 1, 2010 No. 2297-VI, as amended, the purpose of processing and collecting personal data.The User can read more about the privacy policy regarding the processing of personal data on the website https://www.fooror.com/privacy-policy
INTELLECTUAL PROPERTY.
The Contractor grants the User a limited, personal, non-exclusive and revocable license to use the Services and any materials or information obtained during the Course or on the Website. The User may use the materials and any information provided as part of the Services or on the Website only for personal non-commercial use, unless the User has received written permission from the Contractor to use them for other purposes.
The User agrees to create and use only one account and not to transfer access or credentials to it to third parties.
The use of the Services does not give the User any material or intellectual property rights to the Services or materials used. Together with the materials created in the course of the Course, the User grants the Contractor a fully transferable, royalty-free, perpetual, non-exclusive, international license to copy, distribute, modify, publicly distribute and reproduce the User's materials, as well as to create derivative works and use for other purposes.
This condition does not limit other legal rights of the Contractor to the User's materials, for example, under other licenses. The Contractor has the right to delete or modify the User's materials for any reason, including if, in the Contractor's opinion, they do not comply with the Agreement.
FINAL PROVISIONS.
The parties have established that any disputes and claims will be resolved by the parties through negotiations.
The Parties are aware that the Services are provided by the Contractor, which is registered and operates under the laws of Ukraine, whose place of residence is also registered in Ukraine.
By accepting this Offer, the User agrees that all disputes related to this Agreement will be resolved in accordance with the laws of Ukraine without regard to conflict of laws provisions. The User also agrees that all such disputes are within the exclusive competence of the courts of Ukraine.
The headings used in the articles and paragraphs of this Offer are used only for reference and ease of use of the text. These headings may not be considered as limiting or changing, or affecting the meaning and content of the terms of this Offer or any part thereof.
If any of the provisions of this Offer is declared invalid, the validity of its other provisions shall not be affected thereby. In all cases not provided for in this Offer, the Parties shall be governed by the current legislation of Ukraine.
ADDITIONAL CONDITIONS.
All information exchange under this Agreement, including invoicing for payment, providing Acts, providing notifications regarding the amendment/termination of this Agreement, etc. shall be carried out by exchanging electronic messages to the Contractor's address or by personal correspondence between the company's manager and the User.
DETAILS OF THE CONTRACTOR.
Individual entrepreneur Diuh Dmitry Anatolyevich
EDRPOU code 3462104356
Recipient's bank Joint Stock Company UNIVERSAL BANKR/r
IBAN: UA883220010000026007310049652
Email: info@fooror.com
Se: https://navchalnya.fooror.com/
