Public offer agreement for the provision of services
OFFER № 1 FROM March 1st, 2021
THIS OFFER IS VALID UNTIL DECEMBER 31, 2022
Read the text of this offer carefully. If you do not agree with any provision of this offer or do not understand one of its provisions, we recommend that you decline the services of the contractor or clarify the information by calling +380487770696. By accepting the terms of this public offer, you agree to all of the terms of the offer and confirm that you understand all of the terms.
Public offer The following wording of the agreement is aimed at persons who meet the requirements of this agreement and is an official public offer (pursuant to Article 641 of the Civil Code of Ukraine). Contractor "according to the provisions of the contract according to a list of services published on the website of the contractor. The contract is concluded in accordance with Art. 642 of the Civil Code of Ukraine and the Accession Agreement comes into force from the moment you take the measures referred to in point 3.3 .1., 3.3.2 have commissioned. of this Agreement, which means that you fully and unconditionally accept all the terms of the Agreement without exceptions and / or limitations (acceptance).
1. Definition of terms
1.1. Contract (Offer) - This public contract between the Client and the Contractor for the provision of services, concluded by the Client's acceptance of this Offer, is an Accession Agreement that can only be concluded by the Client joining the proposed contract as a whole.
1.2. The site is a web page that is available on the Internet under the domain name https://russianforyou.com/ and all (any) subdomains (subdomains) of this resource.
1.3. Acceptance of the offer (acceptance of the offer) - full and unconditional acceptance by the customer of the conditions referred to in this agreement by filling out the questionnaire on the website https://russianforyou.com/ and properly paying the cost of services. The contract concluded by the customer with the acceptance of this offer is legally binding according to Art. 642 of the Civil Code of Ukraine and is equated with an agreement concluded in writing by the contracting parties. When submitting the questionnaire and making payment in accordance with the provisions of this agreement, it is assumed that the customer is familiar with and agrees to all provisions of this offer.
1.4. Executor - TOV "Ukrainian-Bavarian Management Training Center".
1.5. The customer is a user (potential user) of the services of the contractor within the scope of this offer, who has made his personal data available and has consented to their processing. He is a capable person who has reached the age of 18 and has the legal right to enter into a contractual relationship with the contractor.
1.6. Course - a holistic and formulated presentation with the help of content on one or more topics of any direction in the field of learning Russian and / or Ukrainian. The characteristics of the course are defined in the respective course proposal.
1.7. Content - means text, graphics, audiovisual or other material developed, organized, and made available for use by the customer.
1.8. Course offerings - information published on the website regarding the characteristics, duration, format, training conditions, form and characteristics of access to the course, rules of the course, etc.
1.9. Customer registration (hereinafter - registration) - filling out the questionnaire by the customer by providing personal data and consenting to their processing.
1.10. The questionnaire is an electronic registration form for ordering a training course that must be completed by the customer in electronic form on the website in order to provide the contractor with the information that the contractor needs to fulfill his obligations under this agreement and to conclude confirm this agreement.
1.11. Link to the site - an alphanumeric code or other code that allows you to access the artist's site on the Internet.
1.12. Personal Link - A personal alphanumeric code or other code that the customer can use to access the training course.
1.13. Assessment System - the system established by the Contractor to assess the quality of learning courses. The system will be installed, modified and improved by the decision of the contractor.
1.14. Teacher - a person who directly leads the class.
1.15. Class - a remote or face-to-face class with the teacher using specific software or in the contractor's office.
1.16. Payment notification - a message sent by the contractor to the email provided by the customer (potential customer) and / or an email sent to the mobile phone number provided by the customer with the note: up-to-date information on the cost of the services, bank details on payment, etc. The notification is valid for 30 (thirty) calendar days from the date of its submission by the contractor. After this period, the notification will be invalid.
1.17. Parties - contractor and customer.
1.18. The contractor's bank account is the bank account of the Ukrainian-Bavarian Management Training Center.
2. Subject matter of the contract
2.1. Under this Agreement, the Contractor undertakes to provide face-to-face or online training services in the field of learning Russian and / or Ukrainian and to organize and ensure the customer's access to the course they have chosen, and the Customer undertakes to Pay for the services of the contractor comply with the conditions set out in this agreement, as well as compliance with the conditions and procedures for their receipt set out in the agreement.
2.2. The scope and characteristics of the services under this agreement are determined by the course selected and paid for by the customer in accordance with the respective course offer.
2.3. Without further signing of written copies of the contract by the parties, this shall be deemed to have been concluded from the time the contractor receives the due payment from the customer for the services of the contractor under this contract (from the date the customer funds are credited to the contractor's bank account ). .
2.4. Each Party guarantees the other Party that it has the necessary capacities and all rights and powers necessary and sufficient for the conclusion and implementation of this Agreement in accordance with its provisions.
2.5. The contractor is not obliged to check the customer's compliance with the requirements of the contract (Section 1.5.) And is not responsible for the customer's non-compliance.
2.6. All contractual conditions contained in this offer are binding for the parties. Before using the services, the customer is obliged to read the provisions of this agreement and other information published on the website of the contractor.
2.7. A person who does not agree to the terms of the agreement cannot be a party and must refrain from registering for training courses. The person who has accepted the Agreement confirms their acquaintance with and acceptance of all the terms of this Agreement and is deemed to be a customer according to its terms. The customer can independently read the provisions of the agreement on the contractor's website at any time and is obliged to periodically re-read the information on the contractor's website, in particular to familiarize himself with important training information, which can be updated regularly.
2.8. This agreement can be changed unilaterally by the contractor without prior and subsequent notification to the customer. The changes will take effect from the time the new version of the Agreement is posted on the website. The current version of this agreement is available (published) on the Internet at https://russianforyou.com/.
2.9. Customer understands and acknowledges that by accepting the terms of this Agreement and / or using the Website after a new version of the Agreement is published, Customer's acceptance of the updated terms of the Agreement will be implied. If the customer does not agree to the new contractual conditions, he must stop using the services of the contractor.
3. The procedure for concluding the agreement
3.1. Placing the text of this agreement on the website is an offer (offer) by the contractor to persons who wish to order the services of the contractor for full-time or online training and who wish to conclude this agreement on the terms specified therein.
3.2. The offer can be accepted (accepted) by any person who fulfills the requirements of this agreement and wishes to purchase the services of the contractor.
3.3. The offer is considered accepted by the customer if he has carried out the following measures in total:
3.3.1. duly completed the questionnaire for the training course and noted the acceptance of the offer;
3.3.2. after completing the questionnaire, duly paid for the services of the contractor in accordance with the request for payment received from the contractor.
3.3.3. Details of the payment for the services of the contractor are given in the request for payment.
3.3.4. A person who has not carried out at least one of the measures provided for in paragraphs 3.3.1, 3.3.2. this agreement is not the customer.
3.4. Acceptance of this offer means that the customer is familiar with, understands and unconditionally accepts all of these terms and conditions in general (in full and without exception) and that the customer agrees and unconditionally accepts all the terms of the agreement, both selected and paid Course published on the Artist's Site.
3.5. The acceptance period is unlimited.
3.6. The contract is considered concluded and comes into force from the moment of acceptance and is valid for the entire period of receipt of the services of the contractor by the customer or until the time of termination for the reasons set out in the contract and / or in the applicable legislation of Ukraine.
3.7. The provisions of this agreement apply to all courses listed on the website.
3.8. The contractual conditions remain unchanged for the customer from the time of full payment for the selected course until the end of the contractor's courses in this course.
3.9. The contract can be terminated at the initiative of the contractor if the customer violates the provisions of this contract. The contractor will notify the customer of the termination of the contract by sending a notice to the customer's email address provided in the registration. In this case, the money paid by the customer for the training will not be refunded.
4. The order of attendance at training courses
4.1. In order to take part in online training, the customer must register and comply with all the terms of this agreement.
4.2. After registration, the email provided by the customer will receive notification of participation in the training prior to the start of the training, which contains a personal link that is only valid for a customer to whom it was received.
4.3. In order to take part in the online training, the customer independently ensures that the relevant technical conditions for a PC and / or other device are met.
4.4. The contractor is not liable for the inability of the customer to take part in online training courses that arose for reasons beyond the control of the contractor, including the customer's failure to comply with section 4.3. Contracts etc.
4.5. If the contractor has decided to postpone the date and time of a particular lesson, the customer will receive: Message to the e-mail that he provided when registering and / or SMS message to the mobile phone number given during registration about the new date / time of the lesson and a personal link to participate.
4.6. The contractor has the right not to allow the customer who has violated or failed to comply with the provisions of this agreement to participate in the lesson. The contractor will inform the customer about this in his contact email.
4.7. If the customer has decided to postpone the date and time of a particular lesson, the contractor will receive: an email notification and / or SMS to a cell phone number about the new date / time of the lesson. If the customer misses the lesson 4 hours before the lesson without notice, the customer has no right to request it to be repeated.
4.8. During the class, customers have the right to ask questions about the topic and content of the class.
4.9. After completing the training course, the contractor must provide the customer with a certificate stating that the customer is familiar with the training course. The level of knowledge of the customer is determined by the contractor in accordance with the evaluation system.
5. Rights and obligations of the contractor
5.1. The contractor is obliged:
5.1.1. Subject to the acceptance of the agreement and the fulfillment of the provisions of this agreement by the customer, you grant the customer access to the selected training course in accordance with the features and rules of the course set out in the course offer. If the contractor creates general chats for communication with customers, the contractor also offers the customer access to the general chat in Messenger.
5.1.2. At the request of the customer, to advise and inform him about the course.
5.1.3. Inform the customer on the website in the text of this agreement, in the course offer and / or in any other way available to the customer about the rules and requirements for the organization of the course, its content and characteristics, the rights and obligations of the contracting parties in the provision and receipt of services.
5.2. The contractor has the right:
5.2.1. Modify, update and improve the course offerings at your own discretion according to the goals of language learning, current trends, needs of potential customers, etc.
5.2.2. In the event of the customer's refusal to pass the training course ordered and paid for by him after 48 (forty-eight) hours from the end of the first lesson, regardless of the reasons for the refusal - to keep the money in his favor from the customer as payment for the Course paid.
5.2.3. At the customer's request, it can be decided at its own discretion about the possibility of returning the funds paid for the course to the customer if the customer has not yet started training for the course.
5.2.4. Terminate the customer's access to the personal account and all general chats at any stage of the course without refunding the customer's payment for the course in the following cases: • Violation by the customer of the rules of conduct during the course. These violations are: incitement to ethnic conflict, insulting students, the teacher, compulsion to deviate from the topic of the course, advertising, obscene language, etc .; • Customer's breach of its obligations under Chapter 6 of this Agreement; • Violation by the customer of the contractual conditions intended for the user; • Establishing the violation of the intellectual property rights of the contractor, other clients, teachers, third parties by the client;
5.2.5. The contractor has the right to involve third parties in the performance of this agreement, to conclude separate agreements with them and to take into account the confidentiality conditions. The contractor has the right to transfer his rights and obligations under this agreement to third parties without the consent of the customer, and the contractor is liable to the customer for the actions of third parties as well as for his own actions.
6. Rights and obligations of the customer
6.1. The customer is obliged:
6.1.1. On the website, fill in the questionnaire correctly and confirm your consent to the procedure for accessing the course and the rules for its implementation. Such consent is deemed to have been given when the customer has marked acceptance of the offer in the questionnaire for the course.
6.1.2. To pay for the services of the contractor in accordance with the provisions of this agreement.
6.1.3. Follow the requirements of this agreement, the rules and procedures for passing the course indicated on the site, the requirements of the legislation of Ukraine in the implementation of this agreement and the course.
6.1.4. Failure to: • Conduct that may prevent other students, teachers and others from attending the course and receiving information during the course; • Dissemination of unreliable, untrue information, information that disgraces the honor, dignity, reputation of the contractor, other clients, teachers, third parties, and information that promotes and promotes interethnic, ethnic, racial intolerance, hostility, war, change the governing countries, information the dissemination of which is prohibited by current legislation of Ukraine;
6.1.5. Refrain from taking any other action not provided for in this Agreement, but taking action that would constitute a criminal or administrative offense, or infringe the rights and legitimate interests of the contractor, other clients, teachers or third parties.
6.1.6. Not to reproduce, not to repeat, not to copy, not to sell or to use for any other purpose the information and materials made available to him in connection with the provision of services by the performer and access to the course , except for the customer's use of such information and materials solely for their personal and non-commercial needs.
6.2. The customer has the right:
6.2.1. Choose a course according to your needs.
6.2.2. Receive services in accordance with the terms of this Agreement.
6.2.3. You will have access to the course in your personal account for a period of 1 (one) calendar year from the start of the courses of this course, provided that you properly fulfill your obligations under the agreement and there are no violations.
6.2.4. Please contact the contractor with a written request to resolve the issue of refunding funds paid for the course before 48 (forty-eight) hours have passed after the end of the first lesson.
7. The order of calculations
7.1. The actual costs for services under this agreement are determined in euros and communicated to the customer by sending a request for payment to the contractor.
7.2. The cost of the course remains unchanged for the customer from the time the payment is due until the end of the course that has been paid for.
7.3. Payment for the contractor's services under this agreement will be in the form of: • full 100% (100%) prepayment, • Partial payment by transferring the payment for the first trial lesson, for two lessons, for 10 lessons and for 20 lessons.
7.4. The amounts transferred by the customer for the services of the contractor will be credited to the contractor's bank account exclusively in the national currency of Ukraine.
7.5. If the customer transfers the payment for the contractor's services in foreign currency, he must do so through the LiqPay payment system at https://russianforyou.com/.
7.6. The cost of services does not include fees charged by banks or payment systems for payment and / or currency conversion. The customer pays additional fees for payments under this agreement. The customer also bears all of the above costs in the event that the contractor returns full or partial payment for the contractor's services.
7.7. The services are deemed to have been paid at the time the payment due for the course is credited to the account specified by the contractor in the request for payment.
7.8. For up-to-date information on current discounts on the cost of a specific course (courses), please visit the website.
7.9. If the money needs to be returned, the customer must contact the contractor at the phone number provided on the website and request a refund. After that, the customer must duly create a scanned copy of the refund request with the following data and send it to the contractor from the address of the registered email: surname, name, patronymic; Course name; Order date; Information on payments (amount, transfer date), reasons for refusing services, etc.
7.9.1. In the event of improper execution of the reimbursement request and / or the absence of the request for the return of the required information by the customer, the contractor has the right not to consider such a request by the customer and is not responsible for it.
7.10. When returning the money, the contractor will use the means of payment used by the customer. If the customer has used several different means of payment, the contractor can use one of them of his choice. Any additional services and commissions from banks and payment systems related to the refund will be deducted from the amount of the refund.
7.11. The deadline for the Contractor to examine the Client's requests for reimbursement of funds paid for the Course is 20 (twenty) calendar days from the date of receipt of a properly executed request from the Client.
8. Liability of the Parties
8.1. The contracting parties are liable for non-performance or improper performance of the obligations set out in the Agreement in accordance with the applicable legislation of Ukraine and the requirements of the Agreement.
8.2. In the event that the customer has delayed and / or not fully paid the payment for the provision of services, the contractor has the right to terminate the contract and refuse the customer admission to the course without a refund.
8.3. The contractor is not responsible for:
8.3.1. Inability to provide services for reasons beyond its control, including force majeure, interruption of communication lines, absence or malfunction of equipment that is not in the possession of the contractor, lack and / or deterioration in the quality of communication and data transmission, provided that cellular operators and internet providers ;
8.3.2. Violation of device safety or malfunction of the devices used by the customer to obtain services;
8.3.3. Losses from customers or third parties that were not caused by the contractor.
8.4. If the contractor violates the conditions for the provision of services, the liability of the contractor is limited to extending the conditions for the provision of services or the provision of services in new conditions until they are fully implemented.
8.5. In any case, the total liability of the contractor towards the customer for claims or claims from this agreement is limited to the amount of the costs of the service provided under the agreement.
9. Disclaimer of Warranties
9.1. The customer agrees to use the services of the contractor at his own discretion and is unilaterally responsible for it.
9.2. The contractor is not liable for possible results that the customer has not achieved, for successes, acquisitions, income, reputation, other risks etc. that may arise when using the services of the contractor.
9.3. Different customers' results can differ significantly when using the same services. By using the services of the contractor, the customer waives any claims against the contractor with regard to the results of using the services of the contractor.
9.4. The customer is informed that his disagreement with the opinion of the teachers and the content of the training does not constitute a basis for a refund.
10. Force majeure circumstances (force majeure)
10.1. The contracting party is not liable to the other contracting party for damages or Losses caused by late performance or non-performance of this contract in whole or in part, if this is caused in whole or in part by force majeure beyond the control of the parties and without negligence of the parties.
10.2. Such circumstances, events, or reasons include (the list is not exclusive) the following: danger of war, armed conflict, or serious threat to such conflict, enemy attacks, blockades, embargoes, actions by a foreign enemy, general military mobilization, military action, declared and Undeclared war, actions of the public enemy, outrage, acts of terrorism, sabotage, piracy, unrest, invasion, blockade, revolution, mutiny, insurrection, mass uprising, curfew, expropriation, forcible seizure, company seizure, confiscation, public demonstration, blockade, illegal acts Third party, fire, explosion, long breaks in transport, regulated by the provisions of relevant decisions and actions of authorities, blocking of sea routes, prohibition (restriction) of exports / imports, etc. such as caused by exceptional weather conditions and natural disasters, namely: closures, epidemics n, animal diseases, pandemics, strong storm, cyclone, hurricane, tornado, flood, accumulated snow, ice, hail, frost, freezing sea, harbor water, peremety, earthquake, lightning, fire, drought, subsidence and landslides, other natural disasters
10.3. The fact of the occurrence and the duration of force majeure must be documented by a competent state body in accordance with the applicable legislation of Ukraine. In the event of force majeure, the contracting party, whose obligations are hindered by such circumstances, shall notify the other contracting party in writing within 10 (ten) calendar days from the date of their occurrence.
10.4. The contractor has the right to inform customers of the occurrence of force majeure by posting relevant information on the website. Customers are deemed to have been informed from the time information about the force majeure circumstances is published on the website.
11. Additional Terms
11.1. The legislation of Ukraine shall apply to this Agreement and its interpretation. All disputes under this agreement will be settled in the courts of Ukraine. In everything that is not regulated in this agreement, the contracting parties are guided by the current legislation of Ukraine.
11.2. The pre-litigation filing process to resolve disputes between the parties is mandatory under this Agreement. The time limit for reviewing the claim is 20 (twenty) calendar days from the date it was received.
11.3. If the dispute cannot be resolved in a claim, each party has the right to go to court. The contracting parties have agreed that all disputes under this agreement will be settled on site at the contractor's location.
11.4. This agreement is set out in Ukrainian and German. In the event of any deviations in the interpretation of its provisions, the agreement made in Ukrainian shall prevail.