Individual entrepreneur Sobko Roman Mikhailovich (here in after referred to as the "Contractor"), registered and acting in accordance with the legislation of Ukraine, guided by Art. 633, 641 of the Civil Code of Ukraine, invites an unlimited number of individuals to conclude this Agreement on the provision of services (here in after - the "Agreement") on the following conditions:
1. TERMS AND GENERAL PROVISIONS.
1.1. Services - a set of consulting services provided by the Contractor in the manner and on the terms determined by this Agreement and the Course Programs, which are an integral part of this Agreement.
1.2. Public offer is a proposal of the Contractor (set out on the Contractor's Website), addressed to an unlimited number of individuals in accordance with the legislation of Ukraine, to conclude this Agreement on certain conditions.
1.3. The Contractor's website is a web page on the Internet at https://sobko.studio, which is the official source of informing Users about the Contractor and the services that are provided to them.
1.4. Acceptance - full, unconditional and unconditional acceptance by the User of the terms of the Public Offer of this Agreement and the Program of the corresponding Course.
1.5. User - an individual who has reached the age of 18 and has made the Acceptance of the Contractor's Public Offer, set forth in this Agreement, and has paid the cost of the Services.
1.6. Parties - the Contractor and the User.
1.7. Course - expressed in the form of a lecture (master class, training) or audiovisual work (webinar or online training), a set of consulting services aimed at transmitting information to the Client on a given topic in order to provide him with the opportunity to form a certain idea of the subject under consideration, and also the development of certain skills in the investigated field of activity.
1.8. Course Program - detailed conditions for the provision of a specific Service, including, but not limited to, the following conditions:
1.8.1. Name, subject and content of the Course, names of trainers;
1.8.2. Number of hours and / or schedule (schedule) of the Course;
1.8.3. Course Cost.
1.8.4. Payment procedure, etc.
1.9. Reproduction (downloading) is a form of the User's access to the Course, in which a copy of the Course is created in electronic (digital) form with or without storing the User's Devices in the memory.
1.10. Device - means an electronic computer (computer) and / or other device operating on the principle of a computer, capable of processing and reproducing sound and images, both stationary and portable (including, but not limited to: mobile phones, smartphones, PDAs , etc.), which has the ability to access the global Internet.
2. SUBJECT OF THE CONTRACT.
2.1. The Contractor undertakes to provide the User with consulting services in the field of information technology, namely, the organization of the User's passage of a training (training) or master class (hereinafter - the "Course") on a paid basis, in accordance with the terms of this Agreement, and the User undertakes to accept and pay for such Services.
2.2. The User undertakes to pay to the Contractor the cost of the Course that he purchases.
2.3. The Parties agreed that the detailed content (names of topics, format, number of teaching hours or training schedule, etc.) of the training course (training) is agreed by the Parties in the Program of the training course (training), which is posted on the Contractor's Website.
2.4. The parties agree that the Contractor does not guarantee any financial or other results of the use by the User of the Courses purchased from the Contractor in their activities.
2.5. No claims on the effectiveness of the use by the User, obtained as a result of listening / watching the Courses, knowledge and skills, can be presented to the Contractor. Responsibility for the use of this knowledge and skills, as well as for any results, direct or side effects resulting from the use of this knowledge and skills, lies entirely with the User.
3. TERMS OF SERVICE PROVISION.
3.1. Consulting services are provided in the form of a lecture (master class or training) or in the form of remote playback of the Course on the User's Device (recording or live broadcast), in accordance with the curriculum and schedule (schedule) of classes developed by the Contractor and contained in the Course Program posted in the appropriate section of the Contractor's Site.
3.2. The term (schedule) of training is determined in accordance with the Course Program.
3.3. The acceptance of this Agreement is the payment by the Client, in full or in part, of the cost of the corresponding Course and means full and unconditional acceptance by the User of the terms of this Agreement and is equated to the User's handwritten signature under the Agreement.
3.4. From the moment the funds are credited to the Contractor's account, this offer is considered accepted, and the contract is concluded.
3.5. Acceptance procedure:
3.5.1. The user selects the Course on the Contractor's website and gets acquainted with the payment terms.
3.5.2. After choosing the required Course (s), the User issues an application for a consultation or immediately goes to the basket and makes a payment.
3.5.3. If the Course is provided in a remote format (webinar, online training), then before the start of 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.
3.5.5. From the moment of acceptance of this Offer, the unilateral refusal of the User from the Agreement is unacceptable.
3.5.6. The service is considered to be provided from the moment the Contractor provides all the information and the implementation of the entire program provided for in the corresponding Program of the Course.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR:
4.1. The contractor has the right:
4.1.1. Receive from the User the information necessary to provide services under this Agreement;
4.1.2. Receive payment for the services provided in the amount and terms stipulated by this Agreement and the corresponding Course Program.
4.1.3. Cancel, interrupt or reschedule any Courses, change their materials, the meaning and weight of any assignment, test or exam.
4.1.4. Publish any materials and reviews created by the User during the course of the Course, without any restrictions or compensation from the User.
4.2. THE CONTRACTOR IS OBLIGED TO:
4.2.1. Provide the User with consulting services in accordance with this Agreement and the relevant Course Program.
4.2.2. Inform the User about the rules and requirements for organizing the provision of consulting services, their quality and content, about the rights and obligations of the User when receiving services.
4.2.3. Develop a curriculum, organize classes;
4.2.4. If necessary, provide the User with educational materials and literature.
4.2.5. Issue an electronic certificate of completion of the Training Course, which will be stored on the Contractor's website for 60 (sixty) calendar days after the end of the Course. The user has the right to independently print such a certificate.
5. RIGHTS AND OBLIGATIONS OF THE USER.
5.1. The user has the right to:
5.1.1. Receive Services of proper quality in accordance with the Course Program.
5.1.2. On condition of successful completion of the training course, receive a Certificate of its completion.
5.2. THE USER IS OBLIGED TO:
5.2.1. Conscientiously study according to the program, attend theoretical and practical classes, do not miss them without good reason.
5.2.2. Complete homework as part of the Course, in accordance with the instructions of the Contractor and / or his representatives, and within the time frame specified by them.
5.2.3. Timely pay for the Services in the amount and within the timeframe established by this Agreement and the Course Program.
5.2.4. Fulfill the requirements of the legislation of Ukraine and the requirements of the Agreement on the organization of the provision of Services
5.2.5. Refrain in the course of passing the Course from actions that:
5.2.5.1. may prevent other Users, invited persons or lecturers from participating in the Course and receiving information during the course of the Course.
5.2.5.2. may cause damage to the property of other users, invited persons, lecturers or the Performer, owners or users of the premises in which the Course is held.
5.2.5.3. violate public order, including offending those present, expressed in the use of obscene language and / or loud conversations, creating noise with the help of devices, etc.
5.2.5.4. humiliate the honor, dignity, business reputation of the Contractor, other users, invited persons or lecturers, including by posting information on the Internet, in print publications, mailings or in any other way that is of a public nature.
5.2.5.5. are manifested in the use of audio or video equipment for the purpose of copying the course materials or without it.
5.2.6. If it is provided by the Course Program - to pass the final internal test (exam).
COST OF SERVICES AND PAYMENT PROCEDURE.
6.1. The total cost of services provided to the User under this Agreement is the total amount of the Courses paid by the User.
6.2. The cost of a specific Course is determined by the Contractor in the Course Program, which is posted on the Contractor's Website or communicated by the Contractor's company manager personally to the client.
6.3. The cost of the Services provided for in this Agreement is paid by the User in a non-cash form, by transferring to the current account of the Contractor or by paying on the website.
6.4. The Contractor has the right not to return the funds paid by the User for training if the User has attended more than one lesson of the Course and has refused the Services.
6.5. In the event of early termination of the Agreement on the initiative of the Contractor, the Contractor shall return funds only for those Course lessons that were not conducted by the Contractor. In this case, the lessons of the Course are not compensated.
6.6. If the User refuses to study before the start of the Course, the Contractor will return the paid advance in full. In case of payment of the entire amount - 100% of the value of the Agreement, the User is refunded funds in the amount of 90% of the funds paid.
6.7. The amount of payment is set for the entire duration of the course and cannot be changed.
7. RESPONSIBILITY OF THE PARTIES.
7.1. For non-fulfillment or improper fulfillment of obligations under this agreement, the parties are liable in accordance with the current legislation of Ukraine.
7.2. THE CONTRACTOR'S SERVICES AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES. THE CONTRACTOR DOES NOT PROVIDE ANY WARRANTY, INCLUDING THE COMMERCIAL FITNESS, FITNESS FOR A PARTICULAR PURPOSE AND NOT TO INFRINGE THE RIGHTS OF THIRD PARTIES, AS WELL AS WARRANTIES ARISING FROM THE BUSINESS RELATIONSHIP AND CONTRACT. IN ADDITION, THE CONTRACTOR DISCLAIMS LIABILITY RELATED TO THE USER'S ACCESS TO THE SERVICES AND RELATED MATERIALS, AND ALSO WITH THEIR USE. USER AGREE TO ACCESS AND USE THE SERVICES AND RELATED MATERIALS AT ITS OWN RISK.
7.3. To the maximum extent permitted by the legislation of Ukraine, the Contractor is not responsible for indirect, incidental, actual, indirect or direct losses, directly or indirectly lost profits or non-receipt of income, loss of data, performance, goodwill or other intangible values associated with a) the User's access to The Services and their use or the impossibility of such access or use; b) with materials or behavior, including defamatory, offensive or illegal, of any third party; or c) with unauthorized access, use or modification of the User's materials or information. Under no circumstances can the aggregate liability for all claims regarding the services exceed the greater of the following two amounts: US $ 20 (US $ 20) or the total amount received from the User for the use of paid services within the last six months.
7.4. The user agrees that the disclaimer of warranties and the limitation of liability set forth in these conditions reflect a reasonable and fair distribution of risks, and are also a prerequisite for the provision of services by the Contractor for an affordable fee.
7.5. The User agrees that any claim related to the Services must be brought to court within the limitation period of one (1) year after the grounds for him arise, otherwise such grounds are considered invalid.
7.6. The User agrees that in case of non-compliance by the User with clause 5.2.3 of this Agreement regarding the obligation to make payment on time, the Contractor has 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 on the basis of clause 9.1 .3 of this Agreement.
7.7. In case of violation by the User of clause 12.1 of this Agreement and the use of the course materials for non-personal purposes, distribution of the Course materials in any way and regardless of the circle of persons, the Contractor has the right to terminate this Agreement unilaterally, block the user from accessing the Course and / or the website, without refunding the funds paid by the User for the Course.
8. FORCE MAJEURE.
8.1. The Parties are exempt from liability for non-fulfillment of obligations if this failure is caused by circumstances that do not depend on the will 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 Force Majeure).
8.2. Force majeure is applied, and the Party for which it has occurred is released from liability for violation of the terms of this Agreement, if there is a written confirmation (conclusion, certificate) of the Chamber of Commerce and Industry of Ukraine about the occurrence of force majeure.
8.3. The Party for which the Force Majeure has occurred undertakes to immediately notify the other Party and provide documents confirming the Force Majeure.
8.4. From the moment of receipt of such notification by the other party, the fulfillment of the terms of this Agreement is suspended for the entire period of force majeure.
8.5. In the event of Force Majeure circumstances for more than 3 months, each of the parties has the right to initiate the termination of the Agreement.
9. TERMINATION OF THE AGREEMENT.
9.1. This Agreement is terminated:
9.1.1. By agreement of the parties;
9.1.2. If the fulfillment by the Party of the Agreement of its obligations is impossible due to the adoption of regulatory legal acts that have changed the conditions established by this Agreement, and either of the Parties does not agree to amend the Agreement.
9.1.3. In cases of violation by the User of the conditions provided for in paragraphs. 5.2.3, 5.2.4, 5.2.5, 12.1 of this Agreement.
9.1.4. In other cases provided for by this Agreement and the current legislation of Ukraine.
9.2. The agreement is suspended if the entire group refuses to take the Course, with which the User is taking this Course.
10. PROCESSING OF PERSONAL DATA.
10.1. The user confirms that he voluntarily and gratuitously provides consent to the processing of his personal data (including last name, first name and patronymic, registered place of residence and / or actual place of residence, identification number, state registration data; bank details, phone numbers and e-mail addresses, etc.) in the personal data base of the Contractor "Clients", including collection, registration, inclusion in the database, accumulation, storage, adaptation, change, update, use, distribution (distribution, transfer), depersonalization, destruction personal data in a database on the territory of Ukraine in order to fulfill obligations under this agreement and in order to ensure the implementation of tax relations, economic relations, civil law relations and relations in the field of accounting. The user consents to the transfer of his personal data to third parties in the minimum required volumes and only in order to fulfill the obligations under this Agreement, which correspond to the objective reason for collecting the relevant data.
10.2. The user confirms that he was informed about his rights determined by the Law of Ukraine "On the Protection of Personal Data" dated June 1, 2010 No. 2297-VI, as amended, the purpose of processing and collecting personal data.
11. PERIOD OF VALIDITY OF THE OFFER.
11.1. This Public Offer comes into force from the moment it is posted on the Contractor's Website and is valid until its revocation by the Contractor.
11.2. The Contractor has the right at any time to amend the terms of the Offer and / or withdraw the Offer at any time at its sole discretion. If the Contractor makes changes to the Offer, such changes come into force from the moment the amended text of the Offer is posted on the Contractor's Website, unless another date for the entry into force of the changes is determined directly in the text of the amended Offer.
12. INTELLECTUAL PROPERTY.
12.1. The Contractor provides the User with a limited, personal, non-exclusive, non-transferable and revocable license to use the Services and any materials or information obtained during the Course or on the Site. The materials and any information provided as part of the Services or on the Site, the User can only be used for personal non-commercial use, unless the User has received written permission from the Contractor to use them for other purposes.
12.2. The user agrees to create and use only one account and not to transfer access or credentials to third parties to access it.
12.3. The use of the Services does not give the User material or intellectual property rights to the Services or materials used.
12.4. Together with the materials created during the course of the Course, the User provides the Contractor with a fully transferable, free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, publicly distribute and reproduce the User's materials, as well as to create derivative works and use in others. purposes.
12.5. The license specified in clause 12.4 of this Agreement gives the Contractor the right to provide the User's materials to other Users who will subsequently purchase the Contractor's Services. This condition does not limit the other legal rights of the Contractor to the User's materials, for example, under other licenses. The Contractor has the right to remove or change the User's materials for any reason, including if, in the opinion of the Contractor, they do not comply with the Agreement.
13. FINAL PROVISIONS.
13.1. The parties have established that any disputes and claims will be resolved by the parties through negotiations.
13.2. The Parties understand that the Services are provided by the Contractor, who is registered and operates under the laws of Ukraine, whose place of residence is also registered in Ukraine.
13.3. Considering clause 12.2. of this Agreement, the place of this transaction and the place of provision of the Services, the Parties agreed to consider the place of residence of the Contractor specified in Art. 14 of this Agreement.
13.4. By accepting this Offer, the User agrees that all disputes related to this Agreement will be considered in accordance with the legislation of Ukraine without regard to the rules of conflict of law. The user also agrees that all such disputes are in the exclusive competence of the courts of Ukraine.
13.5. The headings used in the articles and clauses of this Offer are used only for links and convenience of using the text. These headings cannot be considered as defining, limiting or modifying, or influencing the meaning and meaning of the terms.
13.6. If any of the provisions of this Offer is declared invalid, then the validity of its remaining provisions is not lost from this.
13.7. In all cases not provided for by this Offer, the Parties are guided by the current legislation of Ukraine.
14. DETAILS OF THE CONTRACTOR.
Performer: Individual entrepreneur Sobko Roman Mikhailovich
INN: 3410106391
Contact phone: +380688346194