PUBLIC CONTRACT on the provision of services in the edition of 01.06.2024
This document is a public offer addressed to any natural person (hereinafter referred to as the Customer) to enter into a Public Service Agreement on the terms specified in this document. This Agreement is concluded between the natural person-entrepreneur Karpenko Liliya Serhiivna (registration number of the taxpayer's registration card 3413903908). and a natural person, accepted the offer, in the manner specified in this Agreement, and joined the Agreement as a whole, accepting its essential terms.
1. Basic concepts used in this AGREEMENT
1.1. The terms and concepts used in this Agreement have the following meanings:
A public contract is a transaction between the Contractor and the Customer on the provision of services to the latter on the terms set out in the public offer and which are the same for all Customers from the moment of acceptance of the public offer by the Customer (hereinafter - the Contract).
Public offer – an offer by the Contractor, addressed to any natural person, to enter into a contract for the provision of services with him on the terms contained in this document and in accordance with the provisions of Article 641 of the Civil Code of Ukraine.
Acceptance - the Customer's full and unconditional response to the Contractor's proposal to enter into a contract for the provision of services with the Contractor by filling out and sending the Contractor the appropriate registration form posted on the Site, or by making a payment in favor of the Contractor.
A customer is any natural person who has accepted a public offer.
The executor is the natural person-entrepreneur specified in this Agreement, who undertakes to provide the Customer with the services provided for in this Agreement.
A site is a set of data (texts, graphic and design elements, photos, videos and other results of intellectual activity, computer programs) that are interconnected, contained in an information system, and ensure the availability of this information for end users and are placed under at: t.me/jspeopleclub_bot.
The tariff is the cost of a certain volume of services provided by the Contractor to the Customer during a certain period.
The platform is a set of software tools used by the Contractor to provide the services provided for in this Agreement.
1.2. Headings in this Agreement are provided for convenience only and do not affect the interpretation of the Agreement's clauses.
1.3. In the event that this Agreement uses terms and concepts not defined by this section of the Agreement, the interpretation of such term or concept occurs in accordance with the text of this Agreement. In the absence of an unambiguous interpretation of a term or concept, it is necessary to interpret this concept based on the norms of the current legislation of Ukraine.
2. Acceptance of the offer
2.1. The contract is considered concluded without its subsequent signing from the moment the Executor receives the Acceptance. By making the Acceptance, the Customer also confirms that he fully understands and agrees with the terms of this Agreement.
3. Subject of the contract
3.1. The Contractor provides the Customer with a service, which consists in providing access to information and services posted on the Site and (or) the Platform, in the manner stipulated in this Agreement, and the Customer accepts and pays for it.
3.2. The list and detailed description of services and tariffs is posted on the Site.
3.3. The scope of services within different tariffs may differ.
3.4. The performer has the right to limit the number of seats at a certain rate.
4. Cost of services and payment procedure
4.1. Actual prices (tariffs) for the Contractor's services are posted on the Site.
4.2. Settlements between the parties are carried out in non-cash form by making payment using the funds transfer services available on the Site.
4.3. Payment for the services of the Contractor can be made:
4.3.1. by paying the cost of the selected tariff on the conditions of full prepayment; or
4.3.2. by postponing the payment on the terms and in the order determined by the partner banks
Performers, with whom you can familiarize yourself with the link on the Site;
4.3.3. by paying a deposit in the amount specified on the Site. In this case, the Customer undertakes to make full payment no later than the start of the provision of services.
4.4. The Contractor has the right not to provide the service to the Customer in the event that the Customer has not paid the cost of services in accordance with the selected tariff in the order and terms specified in this Agreement.
4.5. The Contractor has the right to temporarily suspend the provision of services to the Customer in the event that the Customer delays payment of the cost of the Contractor's services in accordance with the selected tariff and payment method, until the Customer repays the debt.
5. Service provision procedure
5.1. The Contractor's provision of the service includes providing access to the Contractor's materials and services posted on the Platform, in particular to recordings of lessons, master classes, as well as access to chat in the Telegram mobile application, etc., under the conditions specified on the Site.
5.2. By agreeing to this Agreement, the Customer thereby gives consent to the Contractor to create an account for the Customer on the Platform, which will be used to provide the services provided for in this Agreement.
5.3. Inikonavets provides the Customer with access to the materials and services posted on the Platform no later than at 6:00 p.m. on the day when the Contractor begins providing services. From the moment the Contractor provides the Customer with access to the materials and services posted on the Platform, the service is considered to be provided in full.
5.4. If the Customer did not get access to the materials and services posted on the Platform, he is obliged to immediately notify the Contractor about this by sending a letter to the email address: gro.okneprakl%40nimda
5.5. Access to materials and services posted on the Platform is terminated after the expiration of the period indicated on the Site. Such term of access to materials and services posted on the Platform may differ within different tariffs.
5.6. In the event that during the paid period, the Customer has never used the services of the Contractor or a specific service of the Contractor within the selected tariff, in particular, did not view the recording of the lesson, did not join the chat in the Telegram mobile application, the funds paid by the Customer will not be returned, including partially, and access is not extended for another term.
5.7. In the event that the service is provided by the Contractor at a specific time specified on the Site and (or) the Platform or about which the Customer was notified by the Contractor in another way, and the Customer did not use this service at the specified time, he does not have the right to demand the repeated provision of the service and (or ) refund.
5.8. It is not allowed to change the tariff plan after the start of providing services by the Contractor.
6. Rights and obligations of the Parties
6.1. The customer has the right to:
6.1.1. To receive the services provided for in this Agreement.
6.1.2. Demand the provision of quality services.
6.1.3. If the course program provides for the issuance of certificates, receive a certificate based on the results of the course.
6.2. The customer is obliged to:
6.2.1. Pay the Contractor's services on time and in full.
6.2.2. Duly fulfill all terms of this Agreement.
6.2.3. Use the technical capabilities of the Site and (or) the Platform exclusively for legal purposes.
6.2.4. Do not take any actions (in particular, using third-party software) aimed at disrupting the normal operation of the Site and (or) the Platform.
6.2.5. Do not use automated scripts (programs) to collect information on the Site and (or) Platform and (or) to interact with the Site and (or) Platform.
6.2.6. To use all materials and services provided to the Customer exclusively for personal purposes and not to transfer access to third parties.
6.2.7. The following is prohibited on the Site and (or) Platform, and (or) chat in the Telegram mobile application:
6.2.7.1. post information that may lead to the incitement of religious, ethnic, racial enmity;
6.2.7.2. harm the honor and dignity of other persons;
6.2.7.3. use obscene language;
6.2.7.4. post informative spam;
6.2.7.5. post materials and (or) information that violates the intellectual property rights of others;
6.2.7.6. post information of an advertising nature.
6.2.8. Familiarize yourself with changes and additions to these Rules.
6.3. The executor has the right to:
6.3.1. To postpone the provision of services by notifying the Customer no later than two days in advance.
6.3.2. Without prior agreement with the Customer, engage third parties to provide the services provided for in this Agreement.
6.3.3. Unilaterally make changes and additions to this Agreement.
6.3.4. Make changes to the information posted on the Site and (or) the Platform without prior warning to the Customer.
6.3.5. To carry out preventive work to confirm the functionality and further improvement of the functionality of the Site.
6.3.6. Temporarily suspend the Customer's access to the Site in case of technical problems in the operation of the Site in order to restore its functionality.
6.3.7. Unilaterally terminate this Agreement if the Customer violates the terms of this Agreement.
6.4. The executor is obliged to:
6.4.1. Provide service on time and in full.
6.4.2. Not to disclose to third parties the Customer's personal data, which became known to the Contractor in the process of providing services.
6.4.3. Issue a certificate to the Customer on the condition that the Customer completes the full course in accordance with the tariff (if the course program provides for the issuance of certificates).
7. Intellectual property
7.1. All information, photos, graphic images, texts, videos and other results of intellectual activity (objects of intellectual property rights) posted on the Site and (or) which became available to the Customer in the process of rendering services by the Contractor in accordance with this Agreement are protected by intellectual property rights. property
7.2. No intellectual property rights to intellectual property objects posted on the Site and (or) made available to the Customer in the process of rendering services by the Contractor in accordance with this Agreement shall not be transferred to the Customer as a result of using the Site or concluding this Agreement.
8. Season refund doc
8.1. The customer has the right within 14 calendar days from the moment of starting the provision of services (beginning of the course) to refuse to receive the service without explaining the reason. In this case, the funds paid by the Customer are returned in full, except for the case provided for in clause 8.5 of this Agreement.
8.2. In the event that the Customer refuses the service of the Contractor, after 14 days from the beginning of the provision, the funds paid by the Customer will not be returned.
8.3. To exercise his right to a refund in the cases provided for in this Agreement, the Customer sends a corresponding letter to the Contractor to the email address: gro.okneprakl%40nimda
8.4. In the case provided for in Clause 8.1 of this Agreement, the funds paid for the service shall be returned within 30 (thirty) calendar days from the moment of notification.
services of the Contractor in full, the deposit is non-refundable.
9. Liability
9.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the current legislation of Ukraine.
9.2. The Contractor is not responsible for the non-compliance of the provided service with the Customer's expectations.
9.3. The customer assumes responsibility for the use or non-use of information received in the process of providing services.
9.4. The Contractor is not responsible for achieving results related to the practical application of the information obtained in the process of providing the service provided by this Agreement by the Contractor.
9.5. The Contractor has the right to stop providing the services provided for in this Agreement to the Customer in case of violation by the Customer of the Contractor's intellectual property rights without compensation of the amount paid by the Customer. This does not deprive the Contractor of the right to compensation for damage caused by the violation of his intellectual property rights.
9.6. The Customer is warned that in the event of a violation of the Contractor's intellectual property rights, the Customer bears the responsibility provided for by the current legislation of Ukraine, namely administrative, criminal and civil liability.
9.7. In the event that the Customer does not make full payment for the Contractor's services in accordance with the procedure and terms provided for in Clause 4.3.3 of this Agreement, the deposit paid by the Customer shall not be refunded.
10. Force majeure circumstances
10.1. The parties are not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement if such non-fulfillment or incomplete fulfillment was the result of force majeure (force majeure).
10.2. Circumstances of force majeure (force majeure) in this Agreement mean extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated in the terms of this Agreement, the list of which is contained in Part 2 of Article 14-1 of the Law of Ukraine "On Trade chambers of industry in Ukraine", as well as circumstances of a technical nature that lead to technical failures and disrupt the normal operation of the Site and (or) the Platform.
10.3. The Party affected by force majeure circumstances must notify the other Party of their occurrence no later than 14 (fourteen) working days from the moment of occurrence of such circumstances.
10.4. After the expiration of the force majeure circumstances, the Party affected by them must notify the other Party of their termination within 14 (fourteen) working days, and also inform, during which time such Party intends to fulfill its obligations.
10.5. A certificate of force majeure (circumstances of force majeure) issued by the Chamber of Commerce and Industry of Ukraine is a proper and sufficient confirmation of force majeure against one of the Parties.
11. Procedure for resolving disputes and applicable law
11.1. All misunderstandings, disputes and disputes that may arise between the Parties during the conclusion, interpretation or implementation of this Agreement shall be resolved by the Parties through negotiations.
11.2. The Customer has the right to send a claim to the Contractor by e-mail:
.gro.okneprakl%40nimda The claim consideration period is 30 days.
11.3. In the event that the Parties have failed to resolve any misunderstandings, controversies and disputes through negotiations, they shall be resolved in court in accordance with the procedure established by the current legislation of Ukraine with the application of material and procedural norms of the legislation of Ukraine.
11.4. The current legislation of Ukraine shall be applied to this Agreement, including for its interpretation, without applying the rules of conflict of law.
12. Other provisions
12.1. In the event that any of the provisions of this Agreement is deemed invalid by any competent state body of Ukraine, this will not affect the validity or enforceability of any other terms of this Agreement, which remain fully valid, unless otherwise provided by the legislation of Ukraine.
12.2. The Contractor has the right to unilaterally make changes to this Agreement without notifying the Customer.
12.3. Changes to the Agreement take effect from the moment they are posted on the Site.
12.4. As that the Customer pays for the services of the Contractor or performs other actions after making changes to this Agreement, thereby the Customer agrees with such changes and gives consent to the implementation of the terms of the Agreement in the new version.
12.5. By accepting this Agreement, the Customer also agrees to the Privacy Policy.
12.6. The customer gives his consent to send him informational materials, in particular of a marketing nature, containing information about the activities of the Contractor.
Details of the Performer:
An individual entrepreneur
FOP Karpenko Liliya Serhiivna
EDRPOU 3413903908
Kyiv, Teodora Dreisera 11
e-mail: gro.okneprakl%40nimda
UA463220010000026001330000020