Public Offer Agreement
Contractor: A person entrepreneur Melnikov Serhii Ivanovich (hereinafter — the Contractor), 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 lessons and online courses of the Russian language as a foreign language, online consultations, electronic materials on studying Ukrainian and Russian languages as foreign languages, concluded this Agreement on the provision of paid services (hereinafter – the Agreement) on the following:
1. Definition of terms:
- 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.
- User – any able-bodied individual or legal entity who has accepted this Agreement and receives services in accordance with the terms of this Agreement.
- Contractor is a business entity, a natural person-entrepreneur that provides information services and services for teaching the Ukrainian language in accordance with the terms of this Agreement, the details of which are specified in section 13 of this Agreement.
- Teacher – the Contractor, or the person involved by her, who conducts an online lesson with the User in real-time, in accordance with the Program paid by the user;
- Acceptance – the User’s full and unconditional consent to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties.
- Services – services for teaching the Ukrainian and Russain languages through an online school individually or as part of organized groups under various training programs provided by the Contractor for a fee.
- Educational materials – textbooks, video lessons, webinars, phonograms, videograms, text, graphics, audiovisual, methodical or any other materials developed, organized and posted (available) on the Website for use by the User.
- Program is a holistic and formed presentation of educational materials with the help of Content. Types of Programs, their content, schedule of individual stages and the cost of the Program as a whole, as well as its individual stages are posted by the Contractor on the Website.
- Video lesson – recording or broadcasting in real time on the Internet video presentation or speech of the Artist or other authorized persons, access to which is provided to the User.
- Website – Internet sites https://uaru-online.com/ together with all its subdomain names – a set of information, texts, graphics, design, images, photos and videos, and other results of intellectual activity, as well as computer programs that contained in the information system that ensures the availability of such information on the Internet, the exclusive right to which belongs to the Contractor.
2. Subject of the agreement.
2.1. The subject of this Agreement is the provision of Services to the User in the form of practical classes and access to training materials in accordance with the selected Program for a fee paid by the User in the amount and in the manner prescribed by this Agreement.
2.2. Services under this Agreement are provided by the Contractor remotely via the Internet using software (software).
2.3. The scope of the Services provided, the total term of their provision, the term of provision of individual stages of the Program and their cost are determined by the Program selected and paid by the User. Services are provided in the format of online lessons with the teacher in accordance with the conditions, schedule and during the term of the selected Program
3. The procedure of providing services
3.1. In case of full agreement with all the terms of this Agreement, the User fills in all mandatory fields of the order form on the page of the Contractor’s Website for the sale of the Service, ensuring the accuracy of the information provided and making 100% payment for the Services.
3.2. The Contractor does not change or edit the registration information about the User without the consent of the User and is not responsible for the content and accuracy of the information provided by the User when placing an order.
3.3. The Contractor provides the Services under this Agreement in accordance with the Service/Educational materials/Program selected and paid for by the User.
3.4. 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.
3.5. If Customer cancels an afternoon or evening lesson 4 hours prior to the lesson the payment is not charged. If the cancellation is performed later than 2 hours, you pay 50% of the cost of the lesson. If the lesson is scheduled for the morning till 12:00 (Kyiv time) Customer should give Contractor a notice not later than 22:00 (Kyiv time) of the previous evening. If the Customer fails to inform Contractor about reschedule or cancelation of the lesson, the lesson is considered conducted and the lesson is debited from the student’s personal account.
In case of technical problems during the lesson (for example, problems with communication, Internet, etc.), the lesson is postponed for another time.
3.6. Information, all necessary instructions and passwords for access to training materials to receive purchased services are sent to the User’s e-mail specified when paying for the Service, but not earlier than 24 hours after crediting 100% of the cost of Services to the current account of the Contractor.
3.7. The User independently monitors all updates and changes to the information received from the Contractor under this Agreement.
3.8. Suspension of receipt of the Service is possible once during the completion of the relevant Program for a period not exceeding 30 days, subject to prior agreement with the Contractor by electronic means via e-mail.
3.9. Access for the User to the training materials of the Program is terminated after the expiration of the Program, which is provided by the schedule of the selected Program. Cash for unused parts of the Program in this case is not returned to the User.
3.10. The Contractor does not guarantee the absolute uninterrupted provision of the Services under this Agreement, although it takes all possible measures to prevent the above. In case of unsatisfactory quality of Internet connection, stable operation of the Website is not guaranteed, in this case the schedule and terms of services under the relevant Program may be changed unilaterally by the Contractor without any liability and without crediting the use of the relevant Program for the User.
3.11. All questions arising in the process of payment and receipt of Services, the User may find out from the Contractor on the contact details specified in section 10 of this Agreement Details of the Contractor.
4. Rights and responsibilities
4.1. The Contractor undertakes:
4.1.1. to provide the User with the Services in accordance with the terms of this Agreement;
4.1.2. to provide the User with access to online lessons in accordance with the paid Program in accordance with the terms of the Service Procedure specified in section 4 of this Agreement;
4.1.3. to keep confidential information received from the User when providing Services under this Agreement;
4.1.4. to comply with the requirements of the legislation relating to the processing, transfer and protection of personal data of the User.
4.2. The Contractor has the right:
4.2.1. to involve third parties to fulfill their obligations to provide Services under the Agreement, to change the teacher during the period of providing online lessons in accordance with the paid Program, and warns the User in advance;
4.2.2. to change the terms of this Agreement as provided in section 10 of this Agreement;
4.2.3. to publish and disseminate information on the progress, method and results of providing the User’s Services, in compliance with the Law of Ukraine “On Personal Data Protection”;
4.2.4. during the provision of Services to carry out audio and video recording of the curriculum;
4.2.5. to change the schedule and terms of services under the relevant Program unilaterally without taking any measures of responsibility in case of disruption of the Website and unsatisfactory quality of the Internet connection, which immediately notifies the User;
4.2.6. to postpone the planned online lesson with the User to another time with the prior consent of the User, and in case of disagreement of the User with the proposed changes, the Contractor may involve another teacher in the online lesson;
4.2.7. to terminate this Agreement unilaterally and terminate the provision of services to the User in the event that the User has violated its obligations under the Agreement in accordance with applicable law, including infringement of intellectual property rights, without the right to return the subscription;
4.2.8. to block the User’s access to the online lessons of the respective Program without the right to return the subscription in case of: incitement of interethnic conflicts, distraction of the Program participants from the course topic, spam (mass mailing of advertising information), placement of advertising not agreed with the Contractor, insult of other participants of the Program who receive Services under this Agreement together with the User.
4.3. The User undertakes:
4.3.1. to pay for the services of the Contractor in the amount, within the terms and in the manner specified in this Agreement;
4.3.2. to provide technical capabilities for obtaining Services provided remotely (Internet access, acceptable data rate, etc.);
4.3.3. to comply with the rules, instructions of the Contractor and the terms of this Agreement;
4.3.4. to perform homework on the curriculum, to provide reports on them for verification in a timely manner provided by the schedule of the Program and in the provision of services under this Agreement;
4.3.5. independently monitor all updates and changes in the information received from the Contractor in the framework of providing Services under this Agreement;
4.3.6. to provide the Contractor with up-to-date and reliable information necessary for receiving information and training materials, as well as for operational communication in the framework of providing Services under this Agreement, namely: family name and given name, a valid e-mail box;
4.3.7. to comply with the intellectual property rights of the Contractor for the materials posted on the Website and access to which the User has received in accordance with the receipt of Services under this Agreement;
4.3.8. to adhere to the following Terms of Use of training materials:
a) The user is allowed to use the training materials only for personal non-commercial use only during the period of granting access to them.
b) The user is prohibited from copying, storing and writing to disk or any other media training materials, and is prohibited from distributing training materials on the Internet.
c) The User is prohibited from providing access to training materials to any third parties.
d) The User is prohibited from using the information and materials received from the Contractor in order to create a similar product, to organize or conduct his own educational products on the basis of educational materials of the Contractor.
4.3.9. Any use of materials other than permitted in paragraph 5.3.8. of this Agreement, is carried out only with the consent of the User and / or the conclusion of the relevant license agreement;
4.3.10. In case of loss of passwords for access to training materials or detection of facts of password transfer to third parties, the User undertakes to notify the Contractor in writing within 24 hours to the e-mail specified in section 12 of this Agreement. Until the Contractor receives such notification, any actions on the use of passwords for access to educational materials are considered used by the User personally and entail the corresponding consequences under this Agreement.
4.4. The User has the right:
4.4.1. to receive access to all online lessons with the Teacher, provided by the selected and paid Program in accordance with the schedule of the Program and its individual stages;
4.4.2. to contact the Contractor for technical support in case of problems with access to training materials;
4.4.3. to apply to the Contractor with a written application to the e-mail suspending the receipt of Services under the selected Program once during the Program for a period not exceeding 30 days;
4.4.4. to withdraw from this Agreement or initiate its termination, subject to prior written notice to the e-mail of the Contractor;
In case the User refuses to receive services during the training process, the money will not be refunded.
5. Cost of Services and payment procedure
5.1. The cost of Services under this Agreement for each individual Program is defined on website https://uaru-online.com/prices-and-payment . The cost of services is determined in EUR. Payment of the Program is credited to the current account of the Contractor in hryvnias in accordance with the established exchange rate of the NBU on the day of crediting such funds.
5.2. Payment for the selected Programs is made by the User by transferring funds in full (100%) prepayment to the Contractor’s account in accordance with the terms of the selected Program.
5.3. The moment of payment is considered to be the moment of crediting funds to the Contractor’s account, in confirmation of which the Contractor is obliged to send a document on crediting funds to the User’s e-mail account.
6. Personal Data Protection of the User
6.1. By agreeing to the terms and accepting the terms of this Agreement by Acceptance, the User confirms and guarantees to the Contractor that the User has provided reliable data, including personal data of the User for payment documents for payment of Services under this Agreement.
6.2. At the time of Acceptance of this Agreement, the User gives his consent to the Contractor:
6.2.1. to include by the Contractor all personal data voluntarily provided by him of a general nature in the personal data base owned by the Contractor;
6.2.2. to process his personal data in order to provide, receive and make payments for the services of the Contractor, as well as in connection with the implementation of the Contractor’s legislation of Ukraine;
6.2.3. for the dissemination (transfer) of his personal data by the Contractor to third parties and for the use of his personal data by such third parties for the purpose specified in this paragraph, and confirms his refusal to receive notification of such transfer of his personal data to third parties.
By accepting the Public Offer Agreement, the User confirms that he has been notified of the inclusion of his personal data in the personal database owned by the Contractor for the processing of personal data specified in this paragraph, as well as his rights under Article 8 of the Law of Ukraine “On personal data protection”.
7. Intellectual property
7.1. The Website contains the results of intellectual activity belonging to the Contractor and other persons acting on behalf of the Contractor.
7.2. By using the Website, the User acknowledges and confirms that he is aware that all materials of the Site and the structure of the Website are protected by copyright and other intellectual property rights, and that these rights are valid and protected in all forms, on all media.
73. No rights to any materials of the Site, including audiovisual works, text and graphics, computer programs, are transferred to the User because of the conclusion of this Agreement and use of the Site.
7.4. The User acknowledges and confirms that he is familiar with the terms of use of educational materials and online lessons specified in paragraph 4.3.8 of this Agreement.
7.6. In case of violation by the User of the provisions of this Agreement relating to the protection of intellectual property rights of the Contractor, the User shall be liable under the law. In particular, the Contractor has the right to demand compensation, as well as compensation for damages, including lost profits and compensation for non-pecuniary damage.
8. Liability of the Parties and settlement of disputes
8.1. The Parties shall be liable for non-performance or improper performance of their obligations under this Agreement in accordance with the laws of Ukraine.
8.2. All disputes arising out of or in connection with this Agreement shall be settled by negotiation between the Parties.
8.3. All disputes, disagreements or claims arising under or in connection with this Agreement, including those relating to its conclusion, interpretation, performance, breach, termination or invalidity, are subject to settlement in the International Commercial Arbitration Court under the Chamber of Commerce and Industry of Ukraine in accordance with its Regulations.
9. Force majeure
9.1. The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement, if it arose as a result of force majeure (force majeure).
9.2. In this Agreement force majeure means any circumstances that arose against the will or in defiance of will or desire of the Parties and which cannot be foreseen or avoided, including: hostilities, riots, epidemics, blockade, earthquakes, floods, fires, as well as decisions or instructions of public authorities of the country where the User resides or where the Contractor resides, as a result of which the Parties (or one of the Parties) will be subject to additional obligations or restrictions and which make further or partial performance of the Agreement, as well as other actions or events that exist outside the will of the Parties.
9.3. The Party that suffered from force majeure obliged to notify the other Party no later than 7 calendar days from the date of occurrence of such circumstances in writing.
9.4. The Contractor is not responsible for the inability to provide Services to the User (improper operation of the Site, failure and interruption of the Site, damage or loss of data and materials of the Programs posted on the Site, inability to access the Site), if such inability to provide Services due to force majeure.
9.5. Lack of free time of the User on any grounds for passing the Program and studying educational materials which access was opened to, including in connection with the User’s vacation, business trip, non-payment of Internet access, trouble with the means of access to the network the Internet is NOT force majeure (force majeure).
10. Changes in the Agreement
10.1. This Agreement may be amended by the Contractor unilaterally without any special prior and subsequent notice to the User.
10.2. The new version of the Agreement shall enter into force upon its posting on the Site.
10.3. The User understands and agrees that the continued use of the Services in accordance with this Agreement after the date of publication of the changes means the User’s agreement to the updated terms. If the User does not agree with the changed terms of the Agreement, he notifies the Contractor and receives paid Services in accordance with the terms of the Agreement in force at the time of payment for the Services.
11. Final provisions
11.1. The law governing this Agreement is the substantive law of Ukraine.
11.2. Publication of this Agreement is a formal offer to enter into a Public Offer Agreement on the terms set out below.
11.3. This Agreement is public; its terms are the same for all legal entities or individuals.
11.4. The Agreement is considered concluded by the User, which means full and unconditional acceptance by the User of all terms of the Agreement without any exceptions and / or restrictions, and equates to the conclusion of a bilateral written, including electronic, Agreement from the User’s Acceptance.
11.5. The User confirms his agreement with the terms of this Agreement by marking the appropriate box in the column “I accept the terms of the Public Offer Agreement, and agree to the processing of my personal data in accordance with the privacy policy” when placing an order in the form posted on the Contractor’s website.
11.6. The User is considered to have made the Acceptance from the moment of full prepayment of services to the Contractor’s account in accordance with the conditions specified in this Agreement, and crediting such payment to the Contractor’s account.
11.7. Acceptance of this Agreement means that the User has read all the terms of the Agreement, the content of the Contractor’s services, the procedure for their provision, prices, method of payment, the procedure for termination of the Agreement and other provisions of the Agreement.
11.8. Acceptance of this Agreement also means consent to the processing of personal data of the User.
11.9. By Accepting this Agreement, the User confirms that the provision of Services by the Contractor under this Agreement remotely using the Contractor’s website fully corresponds to the User’s ability to use the Services provided in this way.
11.10. If the User does not agree with the terms of the Agreement, he has no right to enter into this Agreement, and is not entitled to use the Services under this Agreement.
11.11. This Agreement shall remain in force until terminated by either Party in the manner prescribed by this Agreement or applicable law, but in any case until its final implementation by the Parties.
11.12. If necessary, without conflicting with the terms of this Agreement, with the consent of the Contractor, a separate Agreement may be concluded with the User in the form of a written bilateral document.
11.13. Each Party guarantees to the other Party that it has the necessary capacity, as well as all the rights and powers necessary and sufficient for the conclusion and implementation of this Agreement in accordance with its terms.
11.14. The current version of the Agreement is posted on the website and is available for reference at: https://uaru-online.com/terms
12. The Contractor’s details Beneficiary
Individual Entrepreneur Melnikov Serhii Ivanovich
Beneficiary’s address: Ukraine, 03056, Kyiv, Peremohy avenue, 21
IBAN: UA303052990000026000030113799
Beneficiary’s INN: 2429505398
Beneficiary’s bank: JSC CB PRIVATBANK, 30, Naberezhna Peremogy str., Dnipro, 49094, Ukraine
Address for Correspondence: info@uaru-online.com