Public offer on the conclusion of a contract for the provision of information and consulting services
This document is a public offer and a public contract. According to Art. Art. 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Customers, and their unconditional acceptance is considered acceptance of this offer by the Customer. In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, submitting an application/authorization on the website https://www.fashion - academy.space is the acceptance of this offer, which is equivalent to the conclusion of a public contract for the provision of information and consulting services ( hereinafter referred to as the "Agreement") under the conditions set forth below.
The contract is addressed to all individuals and legal entities who wish to use the services of the Contractor, as well as those who have the technical ability to receive such services.
Natural person-entrepreneur Maryna Yuriivna Naidenko, acting on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations dated 15.01.2014, No. 2 224 000 000 091460, registration number of the taxpayer's registration card: 3061315766, further on of the text - the "Executor" from one Party, offers natural or legal entities (hereinafter referred to as the "Customer") to receive the services provided for in this Agreement.
1. Terms and general provisions
1.1. Services - a set of information and consulting services provided by the Contractor in the manner and under the conditions specified by this Agreement and the Course Programs, which are an integral part of this Agreement.
1.2. Public offer - an offer by the Contractor, posted on the Internet on the Contractor's Website and addressed to an unlimited number of individuals or legal entities, to enter into a Public Agreement on the provision of information and consulting services.
1.3. A public contract is a contract in which one party, an entrepreneur, undertakes to provide services to anyone who applies to him.
1.4. The Contractor's website is a web page on the Internet at the address https://www.fashion-academy.space , which is the official source of informing Customers about the Contractor and the services provided.
1.5. Acceptance - full, unconditional and unconditional acceptance by the Customer of the terms of the Public Offer of this Agreement and the Program of the corresponding Course, without signing a written agreement by the Parties.
1.6. The parties are the Contractor and the Customer.
1.7. Course - expressed in the form of a lecture (master class, training) or an audiovisual work (webinar or online training), a set of consulting services aimed at providing the Customer with information on a given topic in order to give him the opportunity to form a certain idea about this subject, and as well as the development of certain skills in the studied field of activity.
1.8. Course program - detailed conditions for the provision of a specific Service, including, but not limited to, the following:
1.8.1. Name, subject and content of the Course;
1.8.2. Number of hours and/or schedule (schedule) of the Course;
1.8.3. Cost of the Course;
1.8.4. Payment procedure, etc.
1.9. Reproduction (downloading) - this form of access of the User to the Course, in which a copy of the Course is created in electronic (digital) form with or without storage in the memory of the Customer's Devices.
1.10. Device - an electronic computing machine (PC) and/or other device operating on the principle of a PC, capable of processing and reproducing sound and images, both stationary and portable (including, but not limited to: mobile phones, smartphones, PDAs, and etc.), which has the ability to access the global Internet.
2. Subject of the contract
2.1. The Contractor undertakes to provide the Customer with face-to-face or online consulting services, namely the organization of the Customer's completion of a training course (training) or master class (hereinafter - the "Course") on a paid basis, in accordance with the terms of this Agreement, and the Customer shall agrees to accept and pay for such Services.
2.2. The Customer undertakes to pay the Executor the cost of the Course received.
2.3. The parties have agreed that the detailed content (names of topics, format, number of study hours or schedule of occupation, etc.) of the training (training) course is announced in the Program of the training (training) course, which is posted on the Contractor's website.
2.4. Access to online course materials is maintained for 3 (three) months after the end of the course.
2.5. The parties agree that the Contractor does not guarantee any financial or other results of the Customer's use of the Courses purchased from the Contractor in his activities.
2.6. No claims regarding the effectiveness of the Customer's application of the knowledge and skills obtained as a result of listening/viewing the Courses may be presented to the Contractor. 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, rests entirely with the Customer.
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 reproduction of the Course on the Customer’s Device (recording or live broadcast), in accordance with the curriculum and schedule (work schedule) developed by the Contractor and contained in the Course Program posted in the corresponding section of the Contractor's Website.
3.2. The term (schedule) of training is determined in accordance with the Course Program.
3.3. Acceptance of this Agreement is recognized as payment by the Customer, in full or in part, of the cost of the corresponding Course and means full and unconditional acceptance by the Customer of the terms of this Agreement and is equivalent to the Customer's signature under the Agreement.
3.4. From the moment funds are credited to the Contractor's account, this offer is considered accepted, and the contract concluded.
3.5. Acceptance procedure:
3.5.1. The Customer chooses a Course on the Contractor's website and familiarizes himself with the terms of payment;
3.5.2. After selecting the necessary Course(s), the Customer completes an application for consultation or immediately goes to the basket and makes 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 Customer receives a link to access this Course, which will be sent to the email address specified by the Customer when purchasing the Course;
3.5.5. From the moment of acceptance of this Offer, the Customer's unilateral withdrawal from the Agreement is inadmissible;
3.5.6. The service is considered provided from the moment the Contractor provides all the information and completes the entire program provided for in the relevant Course Program.
4. Rights and obligations of the executor:
4.1. The executor has the right to:
4.1.1. Receive from the Customer the information necessary for the provision of services under this agreement;
4.1.2. To receive payment for the services rendered in the amounts and within the terms stipulated by this Agreement and the corresponding Course Program;
4.1.3. Not to provide Services or to stop providing them to the Customer in case of violation of the requirements provided for in this Agreement (including payment terms for Services);
4.1.4. Cancel, interrupt or postpone any Courses, change their materials, the meaning and weight of any task, test or examination;
4.1.5. Publish any materials and reviews created by the Customer during the Course, without any restrictions or compensation from the Customer;
4.1.6. Change and supplement this Agreement and its Annexes without prior agreement and without renegotiation of this Agreement with the Customer, while ensuring the posting of changes and additions on the Contractor's Website;
4.1.7. Inform the Customer about promotions and other news by sending e-mails to the Customer's address specified during registration/authorization on the Contractor's website.
4.2. The executor is obliged to:
4.2.1. Provide information and consulting services to the Customer in full in accordance with this Agreement and Course Programs;
4.2.2. Inform the Customer about the rules and requirements for the organization of consulting services, their quality and content, about the rights and obligations of the Customer when receiving services;
4.2.3. Develop a curriculum, organize employment;
4.2.4. If necessary, provide the Customer with educational and methodical materials and literature;
4.2.5. After completing the classes and signing the Act of acceptance and transfer of the services provided, provide the Customer with a Certificate or Diploma on the successful completion of lectures and practical classes on the relevant topics;
4.2.6. Certificate or Diploma received in accordance with clause 4.2.5. of this Agreement is not a diploma of the state model and is not subject to the requirements of Art. 40 of the Law of Ukraine No. 2145-VIII dated September 5, 2017 and Article 16, 38 of the Law of Ukraine No. 103/98-BP dated February 10, 1998;
4.2.7. In the event that the Customer was unable to attend the classes held face-to-face or in a live broadcast, for a valid reason and on time in accordance with clause 5.2.7. of this Agreement notified the Contractor about it, the Contractor reserves the right to postpone (change the date and/or time) the Customer's class, enroll him in another group in the case of providing Services in a group and/or provide the Customer with the opportunity to take the relevant online class if such an opportunity is available.
5. Rights and obligations of the customer
5.1. The customer has the right to:
5.1.1. Receive Services of appropriate quality in accordance with the Course Program;
5.1.2. Upon successful completion of the Course receive a Certificate or Diploma on its completion.
5.2. The customer is obliged to:
5.2.1. Study according to the program, attend theoretical and practical classes, do not miss them without good reasons.
5.2.2. Complete homework as part of the Course, in accordance with the instructions of the Executor and/or his representatives, in the terms specified by them.
5.2.3. To pay for the Services in a timely manner in the amounts and within the terms established by this Agreement and the Course Program.
5.2.4. Use the Services in accordance with the rules published on the Contractor's website and the terms of this Agreement.
5.2.5. During the Course, refrain from actions that:
5.2.5.1. may prevent other Customers, invited persons or lecturers from participating in the course and receiving information during the course.
5.2.5.2. may lead to damage to the property of other Customers, invited persons, lecturers or the Performer, owners or users of the premises where the Course is held.
5.2.5.3. violate public order, including offending those present, use obscene expressions and/or loud conversations, create noise with the help of devices, etc.
5.2.5.4. degrade the honor, dignity, business reputation of the Contractor, other Customers, invited persons or lecturers, including by posting information on the Internet, printed publications, newsletters or other public means.
5.2.5.5. manifested in the use of audio or video equipment for the purpose of copying Course materials or without such.
5.2.6. If it is provided by the Course Program - pass the final paper (exam).
5.2.7. In a timely manner (no later than 72 (seventy-two) hours) inform the Performer about the impossibility of attending classes held in person. In case of non-compliance with the term specified in this clause, the Parties have agreed that such training is carried out by the Contractor for the Customer and the conditions of clause 4.2.7 do not apply to it. of this Agreement.
6. Cost of services and payment procedure
6.1. The total cost of services provided to the Customer under this Agreement is the total amount of Courses paid by the Customer.
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 personally to the client.
6.3. Payment of the Total cost of the Contractor's services under the Agreement in any currency is carried out by cashless transfer of funds to the Contractor's current account in the following ways, including, but not limited to:
6.3.1. On the basis of the invoice issued by the Contractor.
6.3.2. With the help of the payment service Fondy ( https://fondy.ua ).
6.3.3. To the bank details of the Contractor specified in section 13 of this Agreement.
6.4. The Contractor has the right not to return the funds paid by the Customer for training, if the Customer listened to more than one session of the Course and refused the Services.
6.5. In the event of early termination of the Agreement at the initiative of the Contractor, the Contractor shall refund funds only for those courses that were not conducted by the Contractor. In this case, the Course activities will not be compensated.
6.6. In the event that the Customer cancels the training before the start of the Course, the Contractor returns the paid advance in full. In case of payment of the entire amount - 100% of the value of the Agreement.
6.7. The Contractor reserves the right to change the set price in the event of a change in market conditions or in other significant circumstances, but before the start of the Courses.
7. Term of validity, procedure for making changes and termination of the contract
7.1. This Agreement enters into force from the moment of submitting an application for participation in the Course and/or authorization of the Customer on the website https://www.fashion-academy.space , and/or payment by the Customer of the Contractor's services, is considered concluded for an indefinite period and is valid until the moment of its withdrawal by the Contractor and/or until the Parties fully fulfill their obligations under this Agreement.
7.2. The Contractor reserves the right to amend the terms of the Agreement and/or withdraw it at any time at its discretion. In the event that the Contractor makes changes to the Agreement, such changes shall enter into force from the moment of publication of the new version of the Agreement on the Contractor's Website, unless a different period of entry into force of the changes is additionally determined upon their publication. The contract is considered revoked from the moment its publication is removed from the Contractor's website.
7.3. From the moment of entry into force of the Agreement with the changes and additions made, the Agreement begins to operate for the Parties in the new edition.
7.4. The Contractor has the right to unilaterally refuse to perform this Agreement by notifying the Customer in writing at least 1 (one) day before the expected date of refusal to perform the Agreement.
7.5. Termination of this Agreement does not release the Customer from liability for violations of the terms of this Agreement that occurred during its validity period.
7.6. To refuse to receive services, it is enough for the Customer not to pay for such services.
7.7. In the event that the Customer wishes to completely refuse the Services of the Contractor, he must send a corresponding request to the e-mail address naydenkoacademy@gmail.com . After that, the Site administrators delete all data and information about the Customer.
7.8. The contract is automatically terminated (terminated) in cases where:
7.8.1. The Customer fully used the Contractor's Services, for which payment was made;
7.8.2 The Customer did not use the Contractor's Services on his own initiative;
7.8.3. By agreement of the parties;
7.8.4. If the Party to the Agreement cannot fulfill its obligations due to the adoption of legal acts that have changed the conditions established by this Agreement, and any of the Parties does not agree to amend the Agreement.
7.8.5. In cases of violation by the Customer of the conditions provided for in p. 5.2.3, 5.2.4, 5.2.5, 8.5 of this Agreement.
7.8.6. In other cases provided for by this Agreement and the current legislation of Ukraine.
8. Liability of the parties
8.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties bear the responsibility provided for by this Agreement and the norms of the current legislation of Ukraine.
8.2. In the event that non-fulfillment or improper fulfillment of the terms of this Agreement by one of its Parties has resulted in the assignment of damages to the other Party, the guilty Party is obliged to compensate such damages in full.
8.3. All disputes and disagreements that may arise during the execution of this Agreement shall be settled through negotiations between the Parties.
8.4. If any dispute cannot be resolved through negotiations, such dispute shall be considered in a court of law, according to the established jurisdiction and jurisdiction of such dispute, in accordance with the current legislation of Ukraine.
8.5. In case of detection of plagiarism, copying of materials, their fragments and/or unauthorized use, distribution of Course materials by the Customer, the Customer shall bear responsibility in accordance with the terms of this Agreement and the norms of the current legislation of Ukraine.
8.6. The Customer agrees that in case of non-compliance with Clause 5.2.3 of this Agreement, the Contractor has the right not only to suspend the provision of services and access to the Course until payment is made, but also to terminate this Agreement on the basis of Clause 7.8.5 of this Agreement.
9. Force majeure
9.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of their obligations in the event that such non-fulfillment or improper fulfillment occurred as a result of force majeure (force majeure). Circumstances of force majeure are those that have arisen beyond the will or contrary to the will or desire of the Parties and that cannot be foreseen or avoided, including: military actions, civil unrest, epidemics, blockades, fires, earthquakes, other natural phenomena, natural disasters, failures in electricity supply and in the operation of communications used for the provision of services, adoption of acts of state bodies and other circumstances independent of the Parties, which make it impossible for the Party to fulfill its obligations under this Agreement in a timely, complete and proper manner.
9.2. In the event of force majeure, the Party affected by it shall notify the other Party within 5 (five) days from the moment of occurrence of such circumstance or from the moment such Party has the opportunity to notify the other Party of the occurrence of the circumstance. After the termination of the force majeure circumstances, the Party that was under their influence shall notify the other Party of such termination within 5 (five) days from the end of the force majeure circumstances, or from the moment such Party has the opportunity to notify the other Party of the termination force majeure circumstances.
9.3. If the force majeure circumstances continue for more than 3 (three) months in a row, each of the Parties has the right to refuse further fulfillment of obligations under this Agreement and, in this case, none of the Parties will have the right to compensation for possible losses by the other Party .
10. Processing of personal data
10.1. By his own acceptance of the Agreement, the Customer voluntarily gives his consent to the collection and processing of his own personal data, i.e. to the following actions in relation to the Customer's personal data: collection, systematization, entry into the Contractor's databases, including electronic ones, accumulation, storage, clarification, and also for the further use and distribution of personal data by the Contractor in accordance with the provisions of the Law of Ukraine "On the Protection of Personal Data".
10.2. The collection of personal data is a component of the process of their processing, which involves the selection, arrangement of information about the Customer and their entry into the personal data base.
10.3. Dissemination of personal data involves actions related to the transfer of information about the Customer from personal data databases with the consent of the subject of personal data.
10.4. Dissemination of personal data without the consent of the subject of personal data (Customer) or a person authorized by him is allowed in cases provided by law, and only in the interests of national security, economic well-being and human rights.
10.5. Personal data in personal data bases are destroyed in accordance with the procedure established in accordance with the requirements of the Law of Ukraine "On the Protection of Personal Data".
11. Final Provisions
11.1. The Parties confirm that this Agreement was concluded with a full understanding of its terms and terminology used in it and that it corresponds to the valid intentions of the Parties in terms of the legal obligations incumbent upon them.
11.2. Each Party guarantees to the other that it has the necessary legal capacity, that is, all the powers necessary and sufficient for the conclusion and execution of this Agreement.
11.3. The parties are aware that the Services are provided by the Contractor who is registered and operates under the legislation of Ukraine, whose place of residence is also registered in Ukraine.
11.4. Taking into account clause 11.3. of this Agreement, the place of execution of this agreement and the place of provision of Services, the Parties agreed to consider the place of residence of the Contractor, specified in Art. 12 of this Agreement.
11.5. By accepting this Offer, the Customer agrees that all disputes related to this Agreement will be considered in accordance with the legislation of Ukraine without regard to conflict of law rules. The customer also agrees that all such disputes are within the exclusive competence of the courts of Ukraine.
11.6. The headings used in the articles and clauses of this Offer are used only for references and ease of use of the text. These headings shall not be construed as defining, limiting or affecting the meaning and content of the terms of this Offer or any part thereof.
11.7. If any of the provisions of this Offer is deemed invalid, the validity of its other provisions shall not be lost.
11.8. In all cases not provided for in this Offer, the Parties are governed by the current legislation of Ukraine.
12. Details of the Contractor
cc781905-5cde-3194-bb3b-136bad5cf58d
Location: 49000, Dnipro, str. Novokrymska, building 7, sq. 106
РНОКПП: 3061315766
year/year: UA6932200100000260023000686
Bank: Universal Bank JSC
Tel. +38 (098) 494 73 43
e-mail: naydenkoacademy@gmail.com