on the provision of training services
Ukraine, Mariupol 20.08.2020
Entrepreneur Kurdyumova Natalya Markivna, registered in the Unified State Register of legal entities, individual entrepreneurs and public formations, recorded 2 274 000 0000 042781 from 21.09.2018. (hereinafter referred to as the “Contractor”), on the one hand, and any natural person who has full legal capacity and who has accepted this offer to conclude the Agreement (the offer) and by his actions has revealed his intention to join this Agreement (hereinafter referred to as the “Customer”), on the other hand, hereinafter jointly referred to as the “Parties” and each separately as a “Party” have concluded the present Agreement (the Offer) on the provision of training services in online courses (hereinafter referred to as “Agreement”) as follows
- TERMS AND DEFINITIONS
1.1. For the purpose of unambiguous interpretation, the following terms shall have the following meaning:
1.1.1 Service/services are services in the organization of an educational process consisting of lecture cycles of two (2) semesters for the basic course and one (1) semester for elective courses, which are provided by the Contractor to the Customer during an online broadcast or by providing access for viewing the Record on the website www.vigraha.net. The list of the Services for the relevant topics which are provided by the Contractor under the Agreement shall be determined on the website www.vigraha.net.
1.1.2 Acceptance of the offer – full and unconditional acceptance of the terms and conditions of the Agreement. The Customer by clicking the appropriate icon with the signature: “I accept the terms and conditions of the Public offer” on the website www.vigraha.net. and pay for the Services of the Contractor by transferring funds to the operating account of the Contractor under the details specified in clause 12.
1.1.3. Online broadcasting is specified unilaterally by the Contractor, date and time period, during which the Service is rendered for the corresponding discipline (program) by providing access to the Customer to the corresponding resource in the Internet through the link in the Customer personal cabinet to watch video broadcasting in real time. Information on the Online Broadcast is noted on the relevant page on the website www.vigraha.net.
1.1.4 Recording – a video recording on which the Service in the relevant discipline (programme) is provided. The Customer is provided with access to the respective resource on the Internet via a link in the Customer’s Personal Office for the period determined unilaterally by the Contractor in order to watch the video recording. Information about the Recording is noted on the relevant page on the website www.vigraha.net.
1.1.5. User is a natural person who has registered on the website www.vigraha.net.
1.1.6. A User who has paid for Services under this Agreement is a Customer.
1.1.7. Contractor and Customer/User are together referred to as the Parties.
1.1.8. User’s cabinet – a web page located on the website www.vigraha.net/profil to which the User/Customer receives personal access (by personal Login, Password) after completing the registration procedure on the website www.vigraha.net.
1.2 In this Agreement terms not defined in clause 1.1 of the Agreement can be used. In this case the term shall be interpreted in accordance with the text of the Agreement. If there is no unambiguous interpretation of a term in the text of the Agreement, the interpretation of the term shall be used, which is determined primarily by the legislation of Ukraine, secondarily by the website www.vigraha.net ,then by the generally accepted interpretation that has already been established.
- THE SUBJECT OF THE CONTRACT AND OTHER GENERAL PROVISIONS
2.1 The subject of this Agreement is relations of the Parties, under which the Contractor provides Services to the Customer by arrangement of corresponding Live Broadcasts or by providing access for watching the Recordings, and the Customer accepts and pays for the provided Services under the terms and conditions provided by this Agreement.
2.2 When providing the Services under this Agreement the Contractor shall be entitled to engage third parties. Contractor shall be liable to Customer for actions of involved parties for providing Services as for its own.
2.3 The Service provided via On-line broadcasting is considered to be provided in full if within 3 (three) calendar days after termination of On-line broadcasting the Customer has not sent by post to the address of the Executor marked in clause 12 and by email to: email@example.com a complaint, claim or comment concerning quality and completeness of the provided Service.
2.4 The Service provided by providing access to viewing the Record or watching an Online Broadcast shall be deemed to have been provided in full after the Contractor has placed the Record in the User/Customer’s personal profile. The Contractor shall not be liable for the quality of the Internet connection channels, sites on which the Recordings files and the Customer’s software are placed.
2.5 The service under the above-stated conditions is considered to be rendered to the Customer in full and the cost paid by the Customer will not be returned to the Customer.
2.6 After having read the course, the Contractor shall give access to the Record of the whole course only upon payment in full. In the case of partial payment, access to the Course Record will not be granted.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 The Contractor is obliged:
3.1.1 Provide Services to the User in accordance with the Agreement.
3.1.2. Upon Customer’s request send to Customer the Service acceptance reports. To do this the Service Acceptance Acts shall be prepared and signed by the Contractor and sent to the Customer’s email address marked by the Customer. By the acceptance of the offer the Customer confirms the validity of the marked email address and guarantees to the Contractor his daily monitoring in order to track the receipt of messages from the Contractor. No complaints or comments about quality and completeness of the provided Service sent by email to the Contractor at firstname.lastname@example.org indicate acceptance of the Service Acceptance Act (see clause 1.1.1.).
3.1.3. To return the money to the Customer within 14 (fourteen) calendar days in the sum of 90% (ninety) of the paid by Customer sum in case the Customer in advance (not later than after the date of delivery of the first three (3) lectures and before the date of delivery of the fourth (fourth) lecture) has officially (in a letter or by email to email@example.com) has contacted the Contractor and informed of the conditions that make it impossible to view the Online Course Broadcasts and/or view the Course Recordings and applies for a refund of the money paid.
3.2 Contractor has the right:
3.2.1 To temporarily suspend the provision of the Services to the Customer due to technical or other reasons that interfere with the provision of the Services while these reasons are eliminated.
3.2.2. Unilaterally suspend or terminate the Agreement, if the Customer breaches the obligations and guarantees according to this Agreement.
3.2.3 To determine at its own discretion and unilaterally the date, format, time, topic, lecturers, duration and other conditions of the Online Broadcasts/Recordings through which the Service is provided, to cancel or postpone them notifying the Customer/User by email or text message to the contact email or phone number specified by the Customer during registration.
3.2.4 Set and change the price, apply discount systems for Services unilaterally.
3.2.5 To unilaterally change the format, place, date and time, as well as other conditions which concern the Online Broadcast/Recording. In case of changes, the Contractor shall notify the Customer/User by email or text message to the contact email address or phone number, indicated by the Customer during registration or in the Customer’s Telegram channel.
3.2.6 To carry out the Online Broadcast both in real time and by granting the Customer access to view the Recordings. In the case of granting access to view the Recording, the Customer shall be subject to all, without exception, the terms and conditions of this Agreement.
3.2.7 The Contractor shall have the right to refuse to provide the Service to the Customer without giving a reason at any time after the Customer has registered for the course. If the Customer has already paid for the Service, but it has not yet started, the Contractor shall be obliged to return the funds to the Customer in full.
3.3 The Customer/User is obliged:
3.3.1 Before the beginning of the Online Course Broadcasts, the Customer/User shall complete the registration procedure (group, course, elective course) and pay at least fifty per cent (50%) of the total course fee into the Contractor’s current account according to the details which will be sent to the Customer’s mail after specifying it in the acceptance of this Agreement or through the payment gateway on the website www.vigraha.net. The User/Customer agrees to provide true, accurate and complete information about him/herself on the questions offered in the registration form. If the User/Customer provides untrue information or if the Contractor has reasons to believe that the information provided by the User/Customer is untrue, incomplete or inaccurate, the Contractor has the right to suspend or cancel the registration of the User/Customer and to refuse to provide the Services to the User/Customer.
3.3.2. To pay by transferring money to the Contractor’s bank account according to details specified in clause 12 or through the payment gateway on the website www.vigraha.net 50% (fifty) of the total course cost (cost of one semester of studies):
220.127.116.11. for applicants (first year of study) – no later than the dates of the first three (3) lectures of the course and before the date of the fourth (4th) lecture.
18.104.22.168 Students (second year and over) – prior to the first lecture of the course.
3.3.3 The remaining 50 per cent (fifty) of the total course fee (second semester) has to be paid to the Contractor’s bank account according to the details indicated in clause 12, or through the payment gateway on www.vigraha.net by February 1 of the current academic year.
3.3.4 The Customer is not entitled to transfer or donate his rights under the Agreement to a third party for the purchased Courses without the consent of the Contractor.
3.3.5 Not to violate the property, copyright, personal rights of the Contractor.
3.3.6 To receive the Service, exclusively during the respective Online Broadcast, video recording, audio recording, text recording, for which the Customer has registered.
3.3.7 In order to participate in the Online Broadcast and view the Recording, the Customer shall ensure that its personal device and the Internet requirements are suitable.
3.3.8 Having ordered from the Contractor the Acceptance Act of the rendered services, to sign and send (at own expense) to the Contractor or to inform about the reasons which make this signing impossible. If within 15 (fifteen) calendar days from the date the Contractor sends the letter by post or by email the Customer does not send a written refusal or signed Acceptance Act of the services provided, it is considered that the Customer has signed the Acceptance Act of the services provided, the Service is provided in full, the Customer received them and has no complaints about the quality and volume. The Service shall be deemed to have been provided at the end of the Online Broadcast or when the Customer has been granted access to the relevant resource on the Internet through the link in the Personal Office to view the Recordings.
3.3.9 To independently monitor possible changes in the format, date, time, venue, programme and other conditions concerning the Online Broadcast/Recording on the page of the respective Online Broadcast/Recording (for which the Customer has registered) on the website www.vigraha.net and accept them in case of detection of changes.
3.3.10. To monitor and prevent cases when emails sent by the Contractor from the email address firstname.lastname@example.org get into the spam folder. An electronic letter (message) sent by the Contractor to the electronic address (phone number) marked during registration by the User/Customer shall be considered as delivered to the Customer, and the information contained therein shall be accepted by the Customer.
3.3.11. Notify the Contractor if within 24 (twenty-four) hours after the Customer has paid for the Service the registration confirmation letter has not arrived to the Customer’s e-mail.
3.3.12. Customer is not entitled to copy text, audio and video materials of Online Broadcast/Recording in whole or in part, to make a video recording of Online Broadcast/Recording by copying video and audio from the screen and speakers or copying from the screen by video systems (telephone, video camera of any type), and to perform any other actions not directly provided by this Agreement. The Customer is obliged to use the information received during the Online Broadcast/Recording as well as the Personal link exclusively for their own purposes (for private use) and not to distribute or transfer this information or any part of it to third parties directly (quote) without reference to the original source.
3.4 The User has the right:
3.4.1.Demand information from the Contractor on matters which relate to the organisation and conduct of the Online Broadcast/Recording.
- CONNECTION WAYS
4.1 The Parties shall carry out all necessary actions concerning maintenance of necessary operative communication (phone number, e-mail) at details specified by the Contractor in the Agreement and at details specified by the User during registration on the website www.vigraha.net.
4.2 In order to maintain communication the Customer is obliged to answer telephone calls and respond to emails within 7 (seven) calendar days from the date of their receipt.
- PRICE OF SERVICES AND PROCEDURE OF PAYMENT
5.1 Contractor unilaterally defines cost and terms of Services by posting information about them on his website www.vigraha.net. The fixed price and terms of Services remain in force until the next modification on the website www.vigraha.net.
5.2 Contractor independently establishes the possibility and cost of Services by transferring money to the Contractor’s account according to the details given in clause 12.
5.3 Payment for the Service is made in Ukrainian Hryvnias by bank transfer or online payment via the payment gateway on the website www.vigraha.net. After selecting a discipline the Customer prepares an application for training in which the number of the group, course or elective course is determined. Then the Customer pays for the Service by transferring funds to the current account of the Contractor from the Customer’s account or by using bank cards and other payment methods according to the details specified in clause 12 or through the payment gateway on the website www.vigraha.net.
- RESPONSIBILITY OF THE PARTIES
6.1. For non-performance or improper performance of his obligations the Parties shall be liable in accordance with the terms of the Agreement and provisions of the current legislation of Ukraine.
6.2. The Contractor shall be liable for actions of the third parties engaged by it for rendering the Service in accordance with clause 2.2.
6.3. Any breach of Clause 3.3.11 of this Agreement by Customer shall be deemed a breach of Contract as a result of which Customer loses the right to use any Services of Contractor in the future, including paid services. The Customer shall be obliged to compensate all losses and lost profits of the Contractor in full amount as a result of violation of this Agreement. For any transfer of information received by Customer in connection with performance of this Agreement, including, but not limited to making copying or distribution of Online Broadcast Recordings or their fragments without previous written permission of Contractor, unless otherwise provided by this Agreement, Customer shall pay to Contractor a fine in the amount of course value by which the damage was caused to Contractor.
6.4 The Contractor shall not be liable for the inability of the Customer to participate in the Online Broadcast which arose due to reasons beyond the Contractor’s control, including the failure of the Customer to comply with the clause p. 3.3.8 of this Agreement.
6.5 The Contractor is not liable for inconsistency of the content of the Online Broadcast/Recording with the Participant’s personal expectations. The content of the Online Broadcast/Recording represents the author’s programmes and conclusions of the lecturers, which may not coincide with the personal beliefs and conclusions of the Customer.
6.6 Under no circumstances and under no circumstances shall the Contractor be liable for any decisions made by the Customer or third parties based on the information obtained from the Online Broadcast/Recording, audio or text media.
6.7 The parties shall be released from responsibility for full or partial non-performance of their obligations under the Agreement in the event of force majeure circumstances, occurring after the signing of this Agreement. Force majeure circumstances include natural disasters, strikes, changes in the current legislation of Ukraine, decisions of decision-making bodies, declaration of war, commencement of hostilities, siege, embargo, international sanctions. The Party for which force majeure has occurred is obliged within 72 (seventy two) hours from the moment of their occurrence and documentary evidence to notify the other Party of such facts and indicate an approximate duration of such force majeure. The proper proof of force majeure circumstances is a certificate of the Chamber of Commerce and Industry of Ukraine at the place of occurrence of such circumstances or at the place of location of the Party which refers to such circumstances. In case of force majeure circumstances, the period of fulfilment of the Parties’ obligations under this Agreement continues for the period of existence of the force majeure.
- DISPUTE RESOLUTION PROCEDURE
7.1 All disputes arising out of or relating to this Contract shall be settled by means of negotiations between the Parties. If the respective dispute cannot be settled through negotiations, it shall be settled in a court according to established jurisdiction and competence of such dispute according to the Ukrainian legislation in force and conditions of the present Contract.
- GUARANTEES AND CONFIDENTIALITY
8.1 The Contractor shall be obliged to observe the conditions of confidentiality in relation to the Customer’s personal data in accordance with the Law of Ukraine.
8.2 Each of the Parties confirms that:
8.2.1. It has all the powers under the applicable laws of Ukraine and the constituent documents to enter into this Agreement;
8.2.2. There are no restrictions on conclusion of the Agreement by Party (signing by the Party’s representative);
8.2.3. The terms of the Agreement are clear and meet the real agreement of the Parties;
8.2.4. The Parties agree to perform their contractual obligations in accordance with the laws of Ukraine and the norms of international law.
- VALIDITY PERIOD OF THE OFFER
9.1 The Offer shall be valid from the moment of posting on the Internet at https://www.vigraha.net/publichnaja-oferta-studenta-shkoly/ and shall be valid until the withdrawal or modification of the Offer by the Contractor.
- VALIDITY OF THE AGREEMENT AND PROCEDURE FOR TERMINATION
10.1 The Agreement shall enter into force upon acceptance of the offer by the Customer and shall remain in force until all obligations of the Parties have been fulfilled, or until its termination by agreement of the Parties or on the initiative of one of the Parties in the manner prescribed in the Agreement.
10.3 The Agreement may be terminated:
10.3.1. By agreement of the Parties at any time;
10.3.2. at the initiative of either Party in case of breach of provisions of this Agreement by the other Party with mandatory written (via email) notice to the other Party;
10.3.3. at the initiative of either Party with a written (email) notice to the other Party 15 (fifteen) calendar days prior to the termination of the Agreement.
10.4. The Party which has received a proposal to change this Agreement shall, within ten (10) calendar days from the date of receipt of the proposal, notify the other Party of the results of its consideration.
10.5. Termination or termination of the Agreement shall not release the Parties from the performance of the obligations that arose before or at the time of termination or termination of the Agreement.
- FINAL AND TRANSITIONAL PROVISIONS
11.1 Any additions to the Agreement may be forwarded by the Customer to the Contractor at the address provided by the Contractor in clause 12 “Party Details” of this Agreement, by the Contractor to the Customer at the email address provided by the Customer upon registration, or in a letter via national postal service operator.
11.2 Possible non-conformity of one or more provisions of the Agreement shall not entail invalidity of the entire Agreement or its separate parts, which shall remain valid.
11.3 The right of the Client and the Contractor to conclude the Service Agreement at any time in the form of a separate written bilateral document does not constitute a breach of the terms and conditions of the Agreement.
11.4 In the cases not regulated by the Agreement the Parties shall be governed by the current legislation of Ukraine.
11.5. The Contractor is a payer of the single tax of the second group.
11.6. The Customer gives his consent to the Contractor for processing and use of personal data which may become known to him while performing the conditions of the Agreement in accordance with the Law of Ukraine On Protection of Personal Data.
11.7. By signing this Agreement the Customer also agrees that in case of using of the electronic digital signature in the document flow in the relations with the Contractor within the execution of this Agreement the Parties have agreed to use such electronic digital signature in the manner and on the conditions provided by the Law of Ukraine “On electronic digital signature”. At the same time, the Parties have agreed that if the electronic digital signature is used, the additional use of seal (electronic seal) for the documents within the execution of this Agreement is not necessary.
- PARTY DETAILS
Entrepreneur – Kurdyumova Natalya Markivna
Address : 87537, Donetsk region, Mariupol, 100, Mytropolytska str. apt. 12
p/c UA45 3395 0000 0002 6002 3616 4200 2,
in JSC “TASKOMBANK” Kyiv, Ukraine, MFO 339500,
SWIFT: MUNIUA22 (for payments to Ukraine from other countries)
Single taxpayer, group 2
Contact phone number: +38 097 566 87 89