AGREEMENT ON THE PROVISION OF PAID SERVICES No. 01
on the terms of a public offer
Kyiv, July 11, 2022
EXECUTIVE: A person entrepreneur Minchenko Veronika Viktorivna (hereinafter — the Executor), and
CUSTOMER: A natural person who applied to the Contractor in accordance with the procedure established by this Agreement to receive services: online lessons and online courses of the Ukrainian language as a foreign language, online consultations on the methodology of studying Ukrainian language as foreign language, electronic materials on studying Ukrainian language as foreign language, guided by Art. 633, 641, 642 of the Civil Code of Ukraine,
concluded this Agreement on the provision of paid services (hereinafter - the Agreement) on the following:
1. BASIC CONCEPTS AND DEFINITIONS
An offer is a public offer of the Contractor, published on the official website or other electronic resources/services of the Contractor, sent and addressed to any natural person to conclude a contract for the provision of services under the terms of this Agreement. The offer can also be made by sending a commercial electronic message to the Customer via messengers or e-mail if the latter is not available through the Contractor's electronic resource.
Agreement — an agreement on the provision of paid Services by the Contractor and their receipt by the Customer under the terms of this Offer after acceptance by the Customer under the terms of this Offer and in accordance with Article 641 of the Civil Code of Ukraine.
A Customer is a natural person who receives the Contractor's Services under the terms of the Agreement.
Acceptance is the full and unconditional agreement of the Customer with all provisions of the Offer regarding the terms of the Agreement and its Annexes. The contract is concluded by acceptance (Acceptance) of the proposal (Offer) regarding the conclusion of the contract. Acceptance is carried out by the Customer by making payment (without imposing electronic signatures).
The application is an appendix to the Agreement, which is an integral part of it, the submission of which by the Customer indicates only the intention to join the Agreement;
Annexes to the Agreement are an integral part of it. All terms contained in the Appendices supplement the terms of the Agreement.
Services — online lessons and online courses of the Ukrainian language as a foreign language, online consultations on the methodology of studying Ukrainian as a foreign language, electronic materials on studying Ukrainian as a foreign language, provided by the Executor to the Customer within the scope of the Agreement in oral form, including remotely, through any means of electronic communication, as well as by providing access to participation in consultations/classes at group online sessions and/or individual webinars, including by providing access to consultations in electronic form (video recording or auto webinar).
The Contractor's Internet resource is an Internet site with the domain address https://verba.school/, another resource or service of the Contractor, on which the Offer is located, information about the Services (Annex to the Agreement), including site, mobile application, web client to which the Client has access.
The validity period is the period of time during which the Contractor is obliged to provide the Customer with the Services paid for by the Customer under the terms of the Agreement. The term of validity is equal to the term of service provision specified in the Agreement (Appendix).
Appendix - an appendix to the Agreement, which is an integral part of it, which contains conditions regarding the list of services, price, terms, a detailed description of service packages and conditions for the provision of special conditions (if any), other conditions for the provision of Services. The application is contained on the Contractor's website or other resource and/or sent by the Contractor to the Customer by means of electronic communication (via messengers, e-mail, in another convenient way for the Parties) in the event that clarification of information is required.
Content - the results of the Artist's intellectual activity, including: texts, articles, presentations, templates, lectures, performances, speeches; audiovisual works, video courses, phonograms, images, signs for goods and services, commercial designations and brand names, logos; hypertext links, their fragments, information, other objects placed on the website and Internet resources of the Contractor, to which access is provided to the Customer as a result of the Acceptance.
2. SUBJECT OF THE AGREEMENT.
2.1. The Contractor provides the Customer with online lessons and online courses of the Ukrainian language as a foreign language, online consultations on the methodology of learning Ukrainian as a foreign language, electronic materials on learning Ukrainian as a foreign language, stipulated in the Appendix according to the Package chosen by the Customer, and the Customer undertakes to pay them in a timely manner in accordance with the terms of this Agreement and the requirements of the current legislation of Ukraine.
2.2. Services are provided in the form: online. The Contractor provides services to the Customer based on his professional experience.
2.3. Prices, content, terms and form and other essential conditions for the provision of services are determined by the Contractor in the Appendix, which is contained in
markets of the Contractor's internet resources or sent to the Customer by means of electronic communication. The parties may change the terms of service provision by mutual agreement through the exchange of electronic messages.
2.4. In case the Customer pays for the Contractor's services on the basis of the Addendum, which is not current on the date of Acceptance, the Contractor is obliged to notify the Customer, offer current services (if available), and/or return funds if the services cannot be provided. In any case, responsibility, additional costs and risks related to the payment of services of an outdated Acceptance shall be borne by the Customer.
2.5. The form of service provision: oral consultations/classes/sessions/broadcasts/webinars/self-webinars remotely using information and telecommunication systems via video or audio communication, incl. through special platforms or messengers (Viber, Skype, WhatsApp, Telegram, Zoom, Ayotree, etc.). The form of service provision is notified to the Customer in advance. Access to resources is provided by the Contractor in advance.
2.6. If the Customer is absent from the consultation/class through no fault of the Contractor, the funds are not refunded and the service is deemed to have been provided.
2.7. The customer is obliged to provide a high-quality Internet connection in a timely manner and to check access to the Internet resource of the Contractor.
3. CONTRACT CONCLUSION PROCEDURE
3.1. All terms of the Agreement and its Annexes are binding for the Customer and the Contractor after acceptance by the Customer.
3.2. If the Customer does not agree with the terms of the Offer, he should not accept and use the Services.
3.3. If the Customer does not know or does not understand any essential conditions regarding the services under this Agreement, he must contact the Customer in writing to clarify them. Otherwise, he does not have the right to claim that he is not aware of the essential conditions for the provision of Services and, on this basis, to withdraw from the Agreement after Acceptance.
3.4. The customer who concluded the Agreement (made 100% payment) is considered familiar with the terms of this Agreement, including Appendices, agrees to all the terms of the Agreement, familiarized in writing with the scope, number and list of services, terms, cost of services and additional services.
3.5. The acceptance of the offer to conclude the Agreement and the conclusion of the Agreement by the Customer is the payment of funds for services, which indicates the Customer's accession to the Agreement in accordance with Art. 633 of the Civil Code of Ukraine and is equivalent to the Agreement signed by both parties.
3.6. The contract comes into force from the date of receipt by the Contractor of 100% of the payment in the amount agreed upon by the parties in full.
3.7. The customer of services who accepts the offer to conclude the Contract is obliged to inform about themself the information necessary for its conclusion (name, telephone number, place of residence, passport data, e-mail address, and other data at the request of the Contractor).
3.8. In the event that the Customer becomes aware of the terms of the Addendum from third parties and intends to purchase the services of the Contractor, he must first familiarize himself with and accept the terms of this Offer. The customer has no right to pay for services solely on the basis of the Appendix if he does not agree or is not familiar with the terms of this Agreement.
3.9. The Customer is obliged to inform the Contractor about the electronic means of communication convenient for him.
4. PROCEDURE FOR PROVIDING AND RECEIVING SERVICES
4.1. The conditions for providing Services are:
4.1.1. familiarization and full agreement of the Customer with the terms of this Agreement;
4.1.2. execution by the Customer of the agreement to join this Agreement specifying the ordered Services or sending the order to the Contractor by sending an e-mail to the Contractor's email address specified in this Agreement or a message in the messenger, or filling out an application form on the Internet resource (page/site) of the Contractor;
4.1.3. payment by the Customer for the Contractor's ordered Services;
4.2. Services are provided remotely, using information and telecommunication systems, including video communication.
4.3. If the Contractor's services are provided by connecting to special platforms or services, the Contractor shall timely inform the Customer and provide access to them, and the Customer undertakes to download such services and/or connect to them in a timely manner.
4.4. Webinars/lessons/sessions can be recorded by the Contractor and access to them can be provided to the Customer for the duration of the services for repeated viewing. At the same time, in the absence of a recording due to technical reasons or reasons beyond the control of the Contractor and the absence of the Customer for consultations due to no fault of the Contractor, the services are considered to have been provided properly.
4.5. This Agreement does not provide services that require the personal presence of the Contractor or require individual written consultation. If the Customer wishes to order services that require the personal presence of the Contractor or an individual written consultation, he can send a written request to the email address specified in this Agreement, and in the case of the Customer's consent, the parties have
and sign a separate contract.
4.6. In the absence of comments from the Customer within the period specified in Clause 4.7 of the Agreement, the Services are considered to be provided in a timely manner and do not require the signing of the Act of acceptance and transfer of the services provided.
4.7. If the Customer has claims regarding the quantity or quality of the Services, he is obliged to send them immediately, in any case no later than 3 calendar days from the moment of their occurrence, in writing to the Contractor's e-mail address specified in this Agreement.
4.8. Such claims are accepted in writing and considered by the Contractor within 10 calendar days from the date of receipt of the claim. Based on the result of the review of the claim, the Contractor makes a decision to satisfy the claim and correct the results of the work under this Agreement or to refuse to satisfy the claims.
4.10. Services are provided in accordance with the Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as the State", while services can be provided in any language convenient for the Parties at the request of the Customer.
4.11. The period of acceptance of the offer (Acceptance) is determined on the electronic resource, website, or in the Appendix, if such a period is not specified in this Agreement.
4.12. The Contractor has the right to stop providing services if the Customer owes the Contractor payment for services. At the same time, the Contractor is not liable to the Customer for such termination.
4.13. Information and all Content materials, including on electronic media, audio and video recordings, provided to the Customer by the Contractor under this Agreement may be used exclusively for the Customer's personal use without the right to transfer (paid or free) to third parties. If the Customer allows the distribution of the specified information, he shall be liable to the Contractor in the form of a fine in the amount of 1000% of the cost of the services paid by the Customer under this Agreement.
4.14. The time of execution of any actions (agreements) within the framework of the offer is Kyiv time, unless otherwise specified in the Appendix / on the website.
4.15. The Contractor reserves the right to refuse to provide services and terminate the Agreement unilaterally without refund of the Customer's funds, with the right to disconnect the Customer from Internet resources, in case of violation by the User of the terms of this Agreement. The specified violations include the publication by the User on Internet resources, websites of the Contractor, in comments or in chat rooms during the provision of Services of information prohibited by this Agreement, unreliable, false information about the Contractor or received services, including inciting international conflicts, containing obscene language or otherwise offends other customers or the Contractor, publishing information on the Contractor's Internet resources that does not relate to the subject of services or publishing advertising information. If such a fact is discovered, the Customer shall pay the Contractor a fine in the amount of 1000% of the cost of the services paid by the Customer under this Agreement.
4.16. The Contractor reserves the right to refuse the provision of services and terminate the Agreement unilaterally without refunding the funds paid by the Customer in the event of establishing the fact of transferring the details for receiving services to third parties, including by transferring an individual link (URL) for the user's participation in an online session/ training, distribution by the User of information and materials received by him in connection with receiving services.
4.17. The contractor has the right to provide services independently or with the involvement of third parties. At the same time, the responsibility to the Customer is borne by the Contractor.
5. PERIOD OF PROVISION OF SERVICES
5.1. The term of service provision is specified in the Appendix or on the Contractor's Internet resource/website.
6. PRICE AND PAYMENT FOR SERVICES
6.1. The Customer pays for the Contractor's services through payment buttons on the website, or invoices, by transferring funds to the Contractor's bank account or in the form specified on the Contractor's website/website or in the Appendix to the Agreement.
6.2. The Contractor is not responsible for the services of third parties regarding the use of payment instruments and operators of payment systems and has the right to refuse to provide services to the Customer in case of non-receipt of payment from the Customer if the payment was made by the latter through such intermediaries, and the funds were not received by the Contractor. Any risks regarding the transfer of funds to the Contractor's account shall be borne by the Customer until the funds are credited to the Contractor's account.
6.3. In the event that the Customer made partial payment for services without the Contractor's consent to partial payment, the Contractor has the right to refuse to provide services and return the partial payment.
6.4. Payment is considered to be the transfer of funds to the Contractor's account.
6.5. Funds are returned in the same form and to the same account from which payment is made unless the Parties agree otherwise.
7. RIGHTS AND OBLIGATIONS of the Executor
7.1. The executor has the right to:
7.1.1. make changes and additions to the terms of the Agreement and its annexes; notices of such changes and additions are published on the official website of the Contractor at least 5 (five) calendar days before their implementation;
7.1.2. independently determine the cost of unpaid Services.
7.1.3. terminate the provision of Services to the Customer who violates the terms of this Agreement;
7.1.4. store and process the information he receives in the process of providing the Services;
7.1.5. involve third parties in the provision of services, while responsibility for the quality and quantity of services to the Customer lies with the Contractor.
7.2. The executor is obliged to:
7.2.1. to provide Services within the terms and to the extent stipulated by the Agreement;
7.2.2. provide relevant services in accordance with the current legislation of Ukraine;
7.2.3 to take measures in accordance with current legislation to ensure the confidentiality of information transmitted by the Customer, as well as information about the Customer and the Services received by him;
7.2.4. respond in a timely manner to the Customer's requests.
7.2.5. provide timely access to the Service Content.
7.2.6. perform other duties stipulated by this Agreement.
8. RIGHTS AND OBLIGATIONS of the Customer
8.1. The customer has the right to:
8.1.1. complete and timely receipt of ordered Services of appropriate quality;
8.1.2. receiving from the Contractor information about the Services performed in the manner established by law;
8.1.3. refuse to receive messages/letters from the Customer. In this case, the Contractor is not responsible for the Customer not receiving up-to-date information about the services.
8.2. The customer undertakes:
8.2.1. make payment for the ordered Services in the amount and within the terms established by the Agreement (Appendix);
8.2.2. notify the Contractor in a timely manner of a change in the details specified by the Customer in the Application.
8.2.3. to use Content, information, and materials only for personal purposes and for personal use and not to distribute Content received in the course of providing services.
8.2.4. use access to participate in the training for no more than one listener (user) for each individual access.
8.2.5. to familiarize yourself with the current version of the Agreement each time you log on to the Contractor's internet resource.
8.2.6. Compensate for damages and pay a fine in case of violation of property and non-property rights of intellectual property and copyright on the Content of the Performer. In case of discovery of a violation of property and non-property rights of intellectual property and copyright on the Content of the Performer, at the first request of the Performer, stop such violation.
8.2.7. Not to publish on the Internet resources, websites of the Contractor, in comments or in chat rooms during the provision of the Services, information prohibited by this Agreement, unreliable, untrue information about the Contractor or the services received, including inciting international conflicts, containing obscene language or otherwise insulting others consumers or the Contractor, publication of information on the Internet resources of the Contractor, which does not relate to the subject of services or publication of advertising information.
8.2.8. Do not record the Content on a video and/or audio medium, including for the purpose of transfer to third parties or commercial distribution.
9. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE
9.1. The Contractor and the Customer are responsible for violating the terms of this Agreement in accordance with this Agreement and the current legislation of Ukraine.
9.2. All disputes under the Agreement between the Contractor and the Customer shall be resolved through negotiations, and in the event of failure to reach an agreement, in accordance with the current legislation of Ukraine.
9.3. The customer does not have the right to unilaterally withdraw from the Agreement after receiving the services. Funds paid in favor of the Contractor are non-refundable in the event of such unilateral refusal.
9.5. If the Customer, due to any circumstances beyond the Contractor's control, does not receive the services within the time period established by the Agreement, the services shall be deemed to have been properly provided by the Contractor.
9.6. None of the Parties is responsible for non-fulfillment or improper fulfillment of the terms of this Agreement if this is caused by force majeure circumstances, i.e. unavoidable actions under circumstances of force majeure, about which the Parties could not have known in advance or could not have foreseen them. Such circumstances include fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, snow avalanches, volcanic eruptions, and other natural disasters; wars, revolutions, coup d'états, strikes, acts of sabotage and terrorism, robberies, accidents in the energy supply and communication system, changes in legislation, actions of state bodies and their officials if these circumstances directly affect the performance of this Agreement, and their occurrence is legally certified During the period of force majeure circumstances, the parties do not have
mutual claims and each party assumes its own risk of the consequences of force majeure circumstances.
9.7. The Contractor has the right to postpone the terms of service provision in the event of circumstances beyond his control (illness, technical work of the provider that makes communication with the Customer impossible, etc.) provided that the Customer is notified at least 3 hours before the start of service provision. At the same time, the time and date of the transfer are agreed upon with the Customer by sending an electronic message.
9.8. The Contractor does not guarantee absolute error-free services and guarantees that it will make all reasonable efforts and measures to prevent this. If the Customer discovers errors or inaccuracies that occurred due to the Contractor's fault, the Contractor shall, if possible, correct the errors made as soon as possible free of charge.
9.9. The Contractor is responsible for direct or indirect damage caused to the Customer in the manner determined by the current legislation of Ukraine.
9.10. If the Customer has complaints and suggestions, he can contact the Contractor with a written statement, in which he should indicate the essence of the problem, his name and surname, as well as the return address, by sending it to the e-mail address specified in this Agreement. The customer, having received a written statement, must consider it and provide a written response within 30 days. In the event that the received application or statement contains a request or demand to perform certain actions, the Contractor, in case of an agreement to perform these actions, performs them without additional written notification, except for the case when the essence of the request or demand does not imply the need to notify the Customer about the satisfaction of the request or requirements
9.11. Disputes between the parties are considered by the court in accordance with the procedure provided by the current legislation of Ukraine.
9.12. In the event of a change in the Customer's contact information during the term of the Agreement, he is obliged to notify it within 20 days to the e-mail address specified below.
9.13. The Contractor is not responsible to the Customer for the latter's unreceived benefits, regardless of the source of their origin.
9.14. The Customer is obliged to inform the Contractor about service deficiencies no later than three days after their discovery.
9.15 For violation of clauses 8.2.3, 8.2.4, 8.2.7, 8.2.8, the Customer shall pay the Contractor a fine in the amount of 1000% of the cost of the paid services and shall compensate for the losses incurred and the profit not received.
9.16 The parties, at their own request, voluntarily store the Agreement in paper form.
10. SERVICE REFUSAL POLICY.
10.1. Cancellation of the Agreement is possible within fourteen (14) calendar days from the date of Acceptance (payment) in case of early reservation of services (14 or more days before the date of provision of services) provided that the conditions of Clause 10.3 of this Agreement are met.
10.2. Refunds in case of cancellation of the Agreement (clause 10.1) are made in the amount of 100% of the cost of the services, provided that access to the Service Content was not opened, the Customer did not enter the office using the obtained access and did not receive the Service Content by means of electronic communication.
10.3. The refund of funds received for the payment of services is carried out upon written request of the Customer to the Contractor's e-mail address specified in this Agreement. The refund application must state the reasons for which the Customer requests a refund, the details for the transfer of funds (from which the payment was made), and attach a copy of the Customer's identity document and a copy of the service payment document.
10.4. Conditions for the refund: 1) the application for the refund is sent to the Contractor within the period specified in clause 10.1 of this article; 2) The customer has provided information in full in the manner specified in clause 10.3. In the absence of one or more of the conditions specified in this paragraph, the Contractor has the right to refuse to satisfy the Customer's demand.
10.5. The decision to return funds or to refuse to return funds is made by the Contractor within 10 (ten) working days from the moment the Contractor receives the Customer's written statement.
10.6. If the Application for withdrawal from the Contract is submitted by the Customer in violation of the term specified in clause 10.1, or after the start of the provision of services, the Contractor independently and voluntarily decides to return the payment. The specific amount of the return will be determined in proportion to the value of the services provided, taking into account additional costs related to the return of the payment (bank commission, exchange rate difference, commission of financial intermediaries, the cost of the services sent to the Customer Content) and a fine in the amount of up to 50% of the value of the services due to compensation for damages from unilateral refusal from the Contract on the part of the Customer.
10.7. The parties do not have the right to terminate the Agreement unilaterally, except for the cases stipulated by the current legislation and this Agreement.
11. DURATION OF THE AGREEMENT
11.1. The Agreement enters into force from the moment of Acceptance by the Customer.
11.2. The validity period of the Agreement begins from the moment of Acceptance (payment for services) and is valid until the Contractor completes the provision of services provided for in the terms of this Agreement.
11.3. Recognizing invalid individual clauses of the Agreement does not apply to invalidity of the entire Agreement.
11.4. During the validity of the Agreement, the Contractor has the right to make changes to the Agreement (upon agreement with the Customer), which will enter into force within 5 days from the moment of publication on the Internet resource/site. The Executor notifies the Executor about the changes in advance (5 working days before they take effect) by means of electronic communication. It is considered that the Customer has agreed to the changes if no written objection from the Customer has been received by the Contractor's e-mail within 3 working days.
12. LOCATION AND DETAILS OF THE PERFORMER:
A person interpreneur Minchenko Veronika Viktorivna
Location: Ukraine, 08205, Irpin, Kyiv region, st. Hryhoriya Skovorody, bldg. 25, sq. 103
Tax code 3319208609
Address for Correspondence: e-mail email@example.com
Details for payment: UA793220010000026005330004334
Name of the bank: JSC UNIVERSAL BANK