Public agreement (offer)

The document set forth below is a Public Offer and a Public Agreement. In accordance with the provisions of Articles 633, 641 of the Civil Code of Ukraine, the terms of the public offer and the public contract are the same for all Customers.
Pursuant to part 2 of Article 642 of the Civil Code of Ukraine, payment shall constitute acceptance of this offer, which shall be deemed to be the conclusion of the agreement on the terms and conditions set forth below.
This Public Offer is addressed to all individuals and legal entities who wish to use the service and have the technical ability to receive the service.

PUBLIC AGREEMENT (OFFER)
on the provision of services

1. GENERAL PROVISIONS

1.1. This Public Agreement (hereinafter referred to as the Offer, the Agreement) is an official offer of the Contractor to provide services to legal entities and/or capable individuals (hereinafter referred to as the Customer) on the following terms and conditions by providing information through text, video, photo, audio lessons/messages – a special form of information transfer, on issues within the scope of the Contractor’s activities.
1.2. Acceptance of this Offer means full and unconditional acceptance by the Customer of all terms and conditions without any exceptions and/or restrictions and is equated in accordance with Part 2 of Article 642 of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine) to the conclusion by the parties of a bilateral written agreement on the terms set forth below in this Offer. This offer is a sufficient legal basis for ordering services and paying for them.
1.3. This Public Service Agreement (Offer) is considered concluded (accepted) from the moment the Customer’s funds are received to the current account specified by the Contractor.
1.4. The Contractor and the Customer shall provide mutual guarantees of their legal capacity and capacity to act necessary for the conclusion and performance of this Information Services Agreement.

2. DEFINITIONS AND TERMS

2.1. For the purposes of this Offer, the following terms are used in the following meanings:
Offer – a public contract for the provision of services.
Information services – any services of the Contractor, information on the types and cost of which is specified on the Site, any other information resource of the Contractor or personal correspondence, providing the Customer with limited access to closed channels for the provision of training materials (for example, but not limited to a closed Telegram channel, YouYube, cloud storage) in accordance with the terms of the Offer for participation in training in the format of the Contractor’s information services for the provision of multimedia courses, trainings, marathons (in recording and streaming format) for a fee, The form and necessity of providing related information services shall be determined by the Contractor independently.
Acceptance of the Offer is the full and unconditional acceptance of the Offer by the Customer by paying for the selected service.
Contractor – Individual entrepreneur Kholodenko Nataliia Volodymyrivna, RNKOKPP 3033017385, address: Ukraine, 01004, Kyiv, Velyka Vasylkivska str. 23, apartment 23, E-mail: claim@kholodenko.net.
The Customer is the person who has accepted the Offer.
The Service Agreement (hereinafter referred to as the Agreement) is an agreement between the Customer and the Contractor on the provision of services/information services, which is concluded by accepting this Offer.
Confidential Information – any information relating to the personal data of the participants of the courses (events)/recipients of the Contractor’s services, any original course materials (audio, video, text files and messages, etc.) provided by the Contractor pursuant to this Agreement and all other information, the confidentiality of which has been notified to the Customer in advance by the Contractor.

3. THE SUBJECT OF THE OFFER

3.1. In accordance with the terms of this Offer, the Contractor shall provide the Customer with Information Services in video, photo, audio, text format and/or services for a fee, and the Customer shall accept and pay the Contractor for such services according to the specified tariff.
3.2. The amount of services/information available to the Customer depends on the purchased information service (package of services) and/or service.
3.3. The cost of each type of service/information service is set by the Contractor separately, depending on the type of service chosen, and is published on the service order page (on the website and/or any other information resource) and/or in correspondence by the Contractor by providing a commercial offer. This service agreement is considered concluded from the moment the funds are received from the Customer to the account designated by the Contractor.3.4. Payments under this Agreement shall be made in one of the ways offered to the Customer, including by clicking the “Pay” button, which include the following types of payments:– payment by electronic means;– payment through payment terminals or Internet banking;– payment to the Contractor’s current account through a bank or acquiring bank;– payment through specially authorized agents (individuals or legal entities);– in other ways by prior agreement with the Contractor.3.5. The provision of services is subject to subscription and full payment for the selected tariff and service. The amount of payment made in part, including the amount paid as a “reservation”, is a deposit and is a security for the fulfillment of the Customer’s financial obligations. If the Customer refuses to make the full payment or refuses to take the training or receive the service, the deposit shall not be refunded.
3.6. The full payment made by the Customer is non-refundable, except in cases provided for by this Agreement and the legislation of Ukraine. In case of a decision to refund the funds at the request of the Customer, the refund shall be made in the amount minus taxes, expenses and the cost of the services actually provided.
3.7. If the Customer fails to fulfill its obligations to pay for the service within the period agreed by the Parties, the Contractor shall not provide the services provided for hereunder and it shall be established that the inability to fulfill the Agreement arose through the fault of the Customer. In this case, the money for the paid services shall not be refunded to the Customer.
3.8. Before ordering, paying for or using the services, the Customer undertakes to carefully read the terms and conditions set forth herein. By making a payment, the Customer unconditionally accepts the TERMS AND CONDITIONS of this Agreement and the Contractor’s Privacy Policy.

4. TERMS OF INFORMATION SERVICE PROVISION

4.1. The Services shall be provided in the manner determined by agreement of the Parties, as well as in other forms and other ways determined by the Contractor.
4.2. The term of provision of each type of Information Service, terms and details are determined by the Contractor separately in the offer provided to the Customer by publishing on the service order page (on the website and/or any other information resource) through which the Contractor’s Information Service is sold and/or personal correspondence of the Parties, which becomes an integral part of this Agreement.
4.3. The purchase of the Information Service is confirmed by making a payment in one of the ways provided for by the Agreement. Access is granted automatically or after the Customer sends a photo confirmation of payment to the Contractor.4.4. If the Customer has not received access to the service after payment, he/she shall contact the Contractor’s support service at E-mail: claim@kholodenko.net, or notify the Contractor by any other possible means of communication with the Contractor.4.5. If the Information Service involves a meeting/strategic session/analysis, it shall be carried out according to the schedule established by the Contractor. This Agreement does not provide for the possibility of holding such meetings separately missed by the Customer. If the Client does not use the services (does not appear for the meeting) for any reason at the time according to the agreed Schedule, the Meeting/strategic session/review shall be deemed to have been held and the Contractor shall not reimburse its cost. The Contractor shall have the right to shift the agreed schedule of webinars or providing access to the training material for 2 (two) to 7 (seven) days, having notified the Customer in advance.4.6. If the Customer did not use the paid services (did not participate in the event) for any reason, the Contractor shall not reimburse the cost of such services.4.7. When receiving the services, the Customer receives access to certain content (information and training materials), the intellectual property rights to which belong to the Contractor or contractors whom the Contractor engages to provide services, therefore, the Customer is prohibited from taking pictures of the latter during offline and online events, including photographing, distributing audio and video materials on the Internet without the consent of the Contractor.4.8. The right to use the content and materials obtained in the course of the provision of services is limited to personal use and is not allowed for other purposes.
4.9. The Customer understands and agrees that his participation in the provision of services may be subject to photo and/or video recording and agrees to the publication of such photos by the Contractor or its contractors on the website or in social networks. The Customer also agrees to the disclosure of the Customer’s results obtained as a result of the provision of services by the Contractor.4.10. The Contractor’s working hours are from 10:00 to 18:00 Kyiv time, except for weekends and holidays, during which responses are provided.4.11. Acceptance of the service is carried out without signing the service delivery certificate. Services that involve the publication of training materials shall be deemed to have been duly rendered at the time of their publication in the Course Chat, in accordance with the Service Package paid by the Customer for which the Customer is registered. A consultation/call/analysis/webinar/game is considered to be held on the day according to the established schedule and is counted towards the total number of meetings held, unless a postponement has been agreed upon in advance. The fact that the Customer is present or absent does not affect the fact of the meeting.

5. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

5.1. The Contractor shall have the right to involve third parties in the performance of this Agreement, remaining fully responsible to the Customer for compliance with the requirements of this Agreement and maintaining the quality of the services provided.
5.2. The Contractor undertakes to provide the Customer with the service and/or access to the paid text, video, photo, audio materials within the period agreed by the parties. The schedule of the order of provision of the service and/or educational materials shall be established by the Contractor separately and shall become an integral part of this Agreement.5.3. The Contractor shall be responsible for the storage and processing of the Customer’s personal data, shall ensure the confidentiality of this data in the process of its processing and shall use it exclusively for the quality provision of services to the Customer.5.4. The Contractor guarantees to provide the Customer with complete and accurate information about the service upon request.5.5. The Contractor has the right to terminate the provision of paid services from the moment of expiration of the term (period) of their provision, or to restrict the Customer’s access to training materials in case of non-payment in full.5.6. The Contractor shall terminate this Agreement and stop providing services without refund with the cancellation of the Customer’s access to the already published material in case it is established that the Customer has distributed video and audio materials received from the Contractor to third parties for a fee or free of charge. The use by the Customer of the materials in their original form received as a result of receiving the Information Services is allowed only for personal purposes and for the Customer’s personal use.
5.7. The Contractor shall have the right to change the terms of this Offer unilaterally without prior notice to the Customer, publishing the said changes no later than 5 calendar days from the date of their introduction (acceptance).

6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

6.1. The Customer is obliged to provide accurate information about themselves in the process of filling out an application (registration) for the provision of services. The Customer is responsible for the accuracy of such information.6.2. When using paid services, the Customer undertakes to pay for the Contractor’s services in a timely manner, in the amount, procedure and within the terms stipulated by this Agreement and the selected tariff.6.3. The Customer undertakes to familiarize himself with this Offer, the terms of the selected services, to comply with and fulfill their requirements.6.4. The Customer undertakes to attend joint meetings with the Contractor, if any, provided for by the service package, according to the established schedule.
6.5. The Customer undertakes not to reproduce, duplicate, copy, sell, or use for any purpose in its original form the materials made available to him/her in connection with the provision of the Information Service, except for his/her personal use. Any violation of copyright and related rights shall result in civil, administrative and criminal liability and shall be terminated at the request of the Contractor.
6.6. The Customer is obliged to maintain in good technical condition the equipment and communication channels that provide access to participation in the training. The Contractor shall not be liable for failure to provide (poor quality provision) of the Information Service for reasons beyond the Contractor’s control (including due to failure to comply with clause 6.1 of this Offer).6.7. The Customer undertakes to treat the Contractor with respect and not to publish in the common chat of the participants who receive Information Services together with the Customer, including in the chat during joint online meetings, not to write to the participants separately, information that humiliates the honor and dignity, as well as the business reputation of the Contractor and his team.
6.8. The Customer is prohibited from using the general chat while receiving services:
– to advertise themselves or any type of service (the exception is networking specially organized by the Contractor);
– to distribute materials, discuss topics in the chat that are not related to the course program/information product;
– to distribute materials of other authors;
– to send course materials (audio, video, photos, text messages) to third parties
– create joint groups with participants to discuss the Contractor and its services;
– send invitations to other chats to participants;
– send (audio, video, photos, text messages) to other participants, make links to the chat to third parties who are not participants of the course/chat. All information contained in the Contractor’s chat is confidential and cannot be disclosed to other persons.
– insult, devalue, threaten, harass, persecute, bully, show outright hate, etc. in relation to other participants and/or administrators, the author of the course.
6.9. The Customer enjoys all consumer rights in accordance with the current legislation of Ukraine governing relations regarding the provision of services.
6.10. In case of providing him/her with a service of inadequate quality, the Customer has the right to exercise the rights provided for in Article 8 of the Law of Ukraine “On Protection of Consumer Rights”, only in cases where the violation of his/her rights occurred through the fault of the Contractor and upon proof of this circumstance.
6.11. All claims regarding the quality of the Information Service provided must be sent by the Customer to the following e-mail address: claim@kholodenko.net. The term for consideration of the Customer’s claim(s) by the Contractor shall be 30 (thirty) days (including claims containing a request for a refund) from the date of receipt of the claim to the Contractor’s address.
6.12. To refund the funds paid for the services to the Contractor, the Customer shall have the right to apply to the Contractor with a relevant substantiated claim or a corresponding application, indicating the grounds for such refund, by sending the relevant document to the following e-mail address: claim@kholodenko.net.
(i) Based on the results of consideration of such documents, the Contractor may make one of the following decisions: 1) to refuse to refund the funds, or 2) to satisfy the request for a refund.
(ii) in case of satisfaction of the request for a refund, the funds will be returned to the Customer within 30 calendar days to the current account specified in the application.
6.13. The funds shall be credited to the Customer’s account within 30 calendar days from the date of the decision and subject to the receipt by the Contractor of a signed claim/request/application from the Customer with bank details. The financial document confirming the deposit of funds by the Contractor to the Customer’s account shall be evidence of the fulfillment by the Contractor of the obligation to return funds to the Customer, which is unconditionally accepted by the Parties.
6.14. In case of a partial refund, the Parties shall sign the relevant Agreement. No refund shall be made without signing it.

7. RESPONSIBILITY OF THE PARTIES

7.1. In case of violation of clause 6.5 of the Agreement, distribution and/or transfer of any information and training materials from the Contractor’s Course (in whole or in part) by the Customer to third parties, the Customer, in addition to the Contractor’s losses and lost profits, shall pay a fine in favor of the Contractor in the amount of 10 (ten) times the cost of the Contractor’s Information Product purchased by him/her, for each identified case, within 10 (ten) business days from the date of receipt of the relevant notification from the Contractor. Payment of penalties shall not release the Parties from fulfillment of their obligations under this Agreement.
7.2. In case of violation by the Customer of clause. 6.7, 6.8. hereof, the Contractor shall terminate this Agreement and cease to provide services without refunding the funds paid for the services. In addition, the Customer shall pay damages and lost profits to the Contractor resulting from such violation.7.3. The Parties agree that the Terms of this Agreement shall be governed by the laws of Ukraine and it shall be applied in case of any discrepancies.7.4. All disputes and disagreements that may arise in connection with these Terms, including any questions regarding their performance, conclusion, validity or termination, the Parties will try to resolve through negotiations.
7.5. The Customer agrees that for the purpose of resolving disputes between the Parties, an effective and binding means of communication is correspondence with the Customer at the following e-mail address: claim@kholodenko.net.7.6. For non-fulfillment or improper fulfillment of obligations under this Offer, the parties shall be liable in accordance with the legislation of Ukraine.
7.7. The Contractor shall not be liable for the inconsistency of the content of the Information Services and/or the results of the service provision with the Customer’s expectations and/or subjective assessment. Such a discrepancy with expectations and/or a negative subjective assessment is not a reason to consider the services provided to be of poor quality or in an uncoordinated amount and is not a reason for a refund for the services paid for.
7.8. In case of violation of the terms of this Agreement by the Customer, the Customer shall reimburse the Contractor for all losses incurred in connection with the satisfaction of claims of third parties (whose rights have been violated by the Customer). The Contractor reserves the right to make claims to the Customer for losses and other claims by way of recourse.7.9. The Contractor shall not be liable:– for the content of user data, as well as for the content of any information entered by other users.– in case of temporary inoperability of the Telegram mobile application for the following reasons: scheduled or unscheduled technical or preventive maintenance, technical failures of Internet providers, computer networks, servers and facilities, as well as illegal actions of third parties or force majeure. At the same time, the Contractor undertakes to make every effort to restore the performance as soon as possible.

8. QUALITY ASSURANCE OF INFORMATION SERVICES

8.1. By accepting the terms and conditions of this Offer, the Customer also assumes the risk of non-receipt of profit and the risk of possible losses associated with the use of knowledge, skills and abilities acquired by the Customer in the course of providing the Information Service.
8.2. Guaranteeing the successful application of the acquired knowledge, skills and abilities, as well as the receipt by the Customer of the Information Service of a certain profit (income) with their use (implementation) in a certain or indefinite future, the Contractor shall not be liable for non-receipt of profit (income), receipt of profit (income) below the Customer’s expectations, as well as for direct and indirect losses of the Customer, since the successful use by the Customer of the acquired knowledge, skills and abilities depends on many factors known and unknown to the Contractor: purposefulness, right

9. FORCE MAJOR

9.1. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement if such failure was caused by force majeure circumstances that arose after the conclusion of this Agreement and made it impossible to fulfill their obligations in accordance with the terms of this Agreement. Such circumstances shall include, but not be limited to, man-made, natural or environmental emergencies, accidents in power supply systems, destruction of these systems caused, in particular, by earthquakes, floods, hurricanes, etc., prolonged absence of electricity and Internet for reasons beyond the control of the parties, military actions, riots, strikes, mass disorders, riots and other illegal actions, as well as the state of health of the Contractor (and/or webinar presenter), flood, fire, anti-terrorist operations, earthquake and other natural disasters, war, military operations, uncontrolled, illegal actions and acts of vandalism by third parties, revolutionary actions, civil unrest, acts or actions of public authorities, adoption of laws or regulations that directly affect the ability of the parties to fulfill the terms of this Agreement, and any other extraordinary circumstances.
9.2. The parties agreed that in the event of the circumstances provided for in clause. 9.1. Agreement, the term for fulfillment of obligations under this Agreement shall be extended for the period of time during which such circumstances and their consequences were in effect.
9.3. If the force majeure circumstances and their consequences continue for more than six months, the Parties shall negotiate as soon as possible to identify alternative ways of fulfilling the terms of this Agreement acceptable to both Parties and reach appropriate written agreements.

10. OTHER TERMS AND CONDITIONS

10.1. The Customer guarantees that all the terms of the Offer are clear to him and he accepts them unconditionally and in full, without any conditions, exceptions or reservations.
10.2. In case of any issues not regulated by this Agreement, the Parties undertake to be guided by the rules established by the current legislation of Ukraine.10.3. The Contractor shall have the right to unilaterally terminate the service agreement with the Customer or refuse to provide services without giving a reason, notifying the Customer in any convenient way, while making a refund for the services not received that were paid by the Customer.10.4. In the event of termination of the Agreement due to violation by the Customer of the terms and conditions stipulated herein, the Contractor shall send a letter of termination to the Customer at least 3 (three) calendar days prior to the date of termination, stating the reason for termination. This Agreement shall be deemed terminated unilaterally 1 (one) calendar day after the date of sending by the Contractor of the termination letter by any possible means of communication previously made by the Parties. In this case, no additional agreements shall be signed between the Parties.10.5. The Parties give each other consent to the processing and storage of personal data that becomes known to them in connection with the conclusion of this Agreement, to the extent necessary in accordance with the requirements of the current legislation of Ukraine.
10.6. All requests for the provision of services and the use of materials provided, in particular, as provided for in these Terms, shall be sent to the Contractor at the following e-mail address: claim@kholodenko.net.
10.7. The Agreement shall enter into force upon acceptance of the offer by the Customer and shall be valid until the parties have fully fulfilled their obligations. The Agreement may be terminated early in cases expressly provided for by this Agreement or the current legislation of Ukraine.
10.8. In case of sending documents related to the execution of the Agreement via the Telegram chat (other chat agreed upon by the Parties), the proper sending of documents shall be deemed to be sending a message to the Telegram chat created by the Parties for interaction under the Agreement, if necessary, with an attached file of a scanned copy of the document in PDF, JPEG or other format. In this case, the date of receipt of the document shall be the calendar date of sending the message to such Telegram chat. The proof of sending documents via Telegram chats and other Internet messengers shall be a paper version of the Internet messenger’s screen messages for the specified date printed from a computer.

 

Details of the Contractors:
Individual entrepreneur Kholodenko Nataliia Volodymyrivna
RNKOKPP 3033017385
Ukraine, 01004, Kyiv, Velyka Vasylkivska St., 23, apartment 23
E-mail: claim@kholodenko.net