PUBLIC CONTRACT (Offer)

 

PUBLIC AGREEMENT (OFFER)

This offer is addressed to any person (an indefinite number of persons) (hereinafter referred to as the “Customer”) and is a public offer of the Contractor to conclude a service agreement, posted on the Internet at  https://anita-shatz.com.ua/ and can be sent to the Customer’s email (hereinafter the Agreement) on the following conditions:

 

  1. DEFINITION OF TERMS

For the purposes of this Agreement, the terms are used in the following meaning:

1.1. Acceptance – full, unconditional and unconditional acceptance by the Customer of the terms of this Agreement without any exceptions and / or restrictions and is equivalent to the conclusion of a bilateral written Agreement.

1.2. Customer – a person who has accepted the terms of this Agreement and becomes the Customer of the Contractor’s services under the concluded agreement. The customer can be any competent individual who has reached 18 years of age who intends to receive the services of the Contractor in the manner and under the conditions specified in this Agreement.

1.3. Contractor – LTD Drahni A K and persons (subjects of entrepreneurial activity) who are entitled to provide services provided for by this Public Agreement (offer). The name of the Contractor is indicated in the invoice or other documents for the payment of the Services.

1.4. Services – this is the provision by the Contractor of limited access to the Customer to the Contractor’s Programs by using free closed-source software that provides encrypted voice and video communication over the Internet between computers (VoIP) using peer-to-peer network technologies (SKYPE-consultations). Their list, terms of purchase and other conditions are available on the website https://anita-shatz.com.ua/

1.5. The program is a complete set of online classes (webinars, trainings), electronic versions of audio, video, classes, seminars, trainings, courses, phonograms, videograms, text, audiovisual works, interconnected and structured on a specific topic, protected by international legislation in the field intellectual property and confidential information, access to which is provided through the Site or the Web page for use by the Customer.

1.6. An online lesson (webinar, training) is a presentation, lecture, speech that occur in real time and / or in the mode of broadcasting their recordings using web technologies by providing the Customer with a Personal Link (access) under the terms of this Agreement.

1.7. Website – a set of data, electronic (digital) information, other objects of copyright and (or) related rights, etc., interconnected and structured within the address https://anita-shatz.com.ua/ , access to which is via the specified Internet address.

1.8. Personal link – a personalized record of the site address or its part (Web page) formalized in accordance with Internet standards, which allows the Customer to access the Site on the Internet.

 

  1. BASIC PROVISIONS

2.1. The contract is concluded between the Contractor and the Customer of services in the form of an accession contract.

2.2. This Agreement is a public agreement (hereinafter referred to as the “Agreement”), which is considered to be concluded between the Contractor, on the one hand, the Customer, on the other, from the moment of Acceptance, the latter of all without exception the terms and conditions of this Agreement.

2.3. In the manner and under the conditions defined by this Agreement, the Contractor undertakes to provide the Customer with services, and the Customer undertakes to accept and pay for the services provided.

2.4. The actions indicating consent to comply with the terms of this Agreement are the acceptance by the Customer of the terms of this Agreement.

2.5. The Customer accepts the Agreement after reviewing its terms and conditions posted on the Website by aggregate or separate fulfillment of any of the following actions:

2.5.1. Filling in the application for participation in the Program by the Customer;

2.5.2. Payment by the Customer of the service in full;

2.5.3. Putting down the appropriate mark “I have read (read) the terms of this agreement and accept its terms”.

2.6. The list and cost of the Services are posted on the Site.

 

  1. COST OF SERVICES AND PAYMENT PROCEDURE

3.1. The cost of the Services depends on the selected Program and is indicated on the Contractor’s website or indicated on the invoice for payment, which are sent to the Customer after filling out the Application for participation in the Program.

3.2. The Contractor has the right to unilaterally change the cost of the Services until payment by posting a new price on the Site.

3.3. The customer pays for services on the basis of 100% prepayment.

3.4. By agreement of the Parties, the Customer may be granted the right to pay for the Service in installments.

3.5. Payment for the Services of the Contractor means familiarization and full consent of the Customer with the terms of this Agreement.

3.6. Payment for the Services is carried out by transferring funds to the Contractor’s current account. Payment methods for the selected Service are indicated on the Website or in the payment invoice, which are sent to the Customer after filling out the Application for participation in the Program.

3.7. The service is considered paid from the moment the funds are credited to the Contractor’s current account.

3.8. In case of payment of the Service in installments and non-payment of any of the payment parts within the agreed period, the Contractor has the right to refuse to provide the Customer with access to the corresponding Program without refund of the funds paid.

3.9. The terms of the Return Guarantee do not apply to the Customer, who at the time of submitting the Application for the return of paid funds did not make a full, 100% payment for the Contractor’s Services.

 

  1. TERMS OF RENDERING SERVICES

4.1. To receive the services of the Contractor, the Customer fills out an Application for participation in the Program on the Site.

4.2. In support of the Application, the Contractor sends the Customer an invoice for payment for the Services (of the selected Program) by e-mail or in another way.

4.3. The Customer pays for the Services (Program) in one of the selected ways, after which he informs the Contractor about the payment with the provision of supporting documents in the manner specified in the payment invoice.

4.4. After the Contractor receives payment confirmation, the Customer will be sent a personal link to the email address provided when filling out the application for participation in the Program.

4.5. If the Customer does not receive a Personal Link within 2 (two) business days, the Customer must contact the Contractor’s support service by sending an email to: anitaschatztextme@gmail.com .

4.6. The personal link is valid for one Customer who has received the specified link. The transfer of the Personal Link to third parties is prohibited.

4.7. After receiving the Personal link, the Customer must fill out the registration form for access to the Personal Account, indicating the necessary identifying data.

4.8. The Customer is solely responsible for maintaining the confidentiality and security of access to his Personal (Personal) Account, as well as all actions that occur using the Personal (Personal) Account, and undertakes to immediately inform the Contractor of any violation of the security of the Personal (Personal) Account.

4.9. To receive the Service, the Customer independently ensures that the appropriate technical conditions are met for a personal computer or other mobile device.

4.10. The schedule of online classes (webinars, trainings) can be unilaterally changed by the Contractor by posting such information in one, but not exclusive, of the ways: posting on a web page, sending a message to the Customer’s email address, Skype, etc.

4.11. While participating in online classes (webinars, trainings), it is forbidden to incite ethnic conflicts, humiliate other participants, trainers, advertisements, obscene expressions and other behavior that violates moral and ethical standards and the requirements of current legislation. The Contractor has the right to cancel the Customer’s participation in online classes (webinars, trainings) without returning the payment received, in case of violation of the above rules.

4.12. Use by the Customer of the information and materials received (audio, video, etc.) is allowed only for personal purposes and for personal use, taking into account the safety of this information from unauthorized and / or public distribution.

4.13. The Contractor has the right to refuse to provide services unilaterally and terminate the Customer’s access to the selected program in the event of the facts of the Customer transferring the Personal Link to third parties, disseminating information and materials (audio, video, etc.) received as a result of receiving the Services to third parties as well as public distribution.

4.14. The Contractor is not responsible for the inability of the Customer to participate in online classes (webinars, trainings) that arose for reasons beyond the control of the Contractor.

 

  1. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

The customer has the right:

5.1. Receive Services under the terms of this Agreement.

5.2. To receive information from the Contractor about the Services provided, the conditions for their provision by the phones indicated on the Site, or by sending a corresponding request to the email indicated on the Site, or through the feedback form.

5.3. Log in to your Personal Account under your account at the same time from only one access point (personal computer, laptop, netbook, tablet, etc.).

5.4. Under the terms of the said agreement, by agreement with the Contractor, to postpone the receipt of the Service, the cost of which is paid in full, to the next date of its provision, as agreed by the Parties. In the case of such a transfer, a refund for the services provided is possible only in the case of the provision of services of inadequate quality.

5.5. The customer enjoys all the rights of the consumer in accordance with the current legislation of Ukraine, which regulates these legal relations.

The customer undertakes:

5.6. Pay for the Services in full in the manner and terms stipulated by this Agreement.

5.7. Provide reliable information about yourself in the process of filling out an application for participation in the Program. The customer is responsible for the accuracy of such information.

5.8. Maintain in good technical condition the equipment and communication channels providing access to the Site.

5.9. Independently and timely to get acquainted with the information about the time, date, cost and terms of the Services, which is posted on the Site. The Customer does not have the right to make claims to the Contractor in case of untimely familiarization or non-familiarization with the information on the Site. The Customer assumes all responsibility for the consequences of untimely familiarization or non-familiarization with the information posted by the Contractor on the Site for him.

5.10. Follow recommendations, homework, requirements, etc. Contractor outlined in the relevant Program.

5.11. Provide the Contractor with up-to-date information on the means of communication for sending information materials, as well as for the communication of the Contractor with the Customer as part of the provision of Services, in accordance with this Agreement.

The customer is prohibited from:

5.12. Record in any form (by means of audio, video, downloads, screenshots, photographing and other methods of storing information) online classes (webinar, training) conducted as part of the provision of services under this Agreement.

5.13. Copy, distribute in any way audio, video, information materials, records of online classes (webinar, training) received under this Agreement.

5.14. Distribute materials received under this Agreement by means of decryption (translation of audio and video materials into text format) or translation into other languages.

5.15. Use the information, materials obtained under this Agreement for both commercial and personal purposes by retelling or disseminating by any means the knowledge received from the Contractor.

5.16. Use the information received from the Contractor, including (without limitation) with the aim of creating such and / or competitive services or services, or with the aim of obtaining commercial or financial benefits without prior approval from the Contractor.

5.17. Carry out their activities based on the Services of the Contractor.

5.18. To allow the dissemination of false, false information, information defaming the honor, dignity, business reputation of the Contractor, trainers and other persons, as well as information that encourages and calls for interethnic, ethnic, sexual, racial intolerance, hostility, war, changes in the state structure of countries, information , the distribution of which is prohibited by the current legislation of Ukraine and international law, depending on the territory of the provision of services.

5.19. Transfer and / or provide access to the Program to any third parties, as well as receive the Services together with third parties.

 

  1. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

The Contractor has the right:

6.1. Independently determine the forms and methods of providing the Services, taking into account the requirements of the current legislation of Ukraine and the terms of the Agreement.

6.2. Unilaterally determine the cost of the Services.

6.3. Independently determine / change the dates of online classes (webinars, trainings).

6.4. Independently determine / change the content, duration, amount of information in an online lesson (webinar, training) within the framework of the Program, functionality, Web page interface in the process of providing the Service.

6.5. During online classes (webinars, trainings) of the Program, take pictures of him, video, audio, and use them as you wish. The Customer gives its consent to the Contractor to carry out these actions and grants the Contractor the right to publish them by publishing on the Site and in another way, make it available to an indefinite number of persons, distribute, reproduce, edit and otherwise use photographs, audio-video recordings with an image and (or) by the voice of the Customer.

6.6. Independently involve third parties in the provision of the Services, including trainers.

6.7. Receive from the Customer any information necessary to fulfill their obligations under the Agreement. In case of failure to provide information, incomplete or incorrect presentation of information, the Contractor has the right to suspend the provision of Services under the Agreement until the Customer submits such information.

6.8. Conducting surveys, surveys of the Customer, including requesting feedback received on the received Services, disseminating (publishing or otherwise disseminating) the results of the survey (survey) and feedback received on the Services in compliance with the requirements of Ukrainian legislation on the protection of personal data.

6.9. Refuse to provide the Services or restrict the Contractor’s access to the Program without refund of funds paid in the following cases:

6.9.1. The provision of false information by the Customer.

6.9.2. Non-observance by the Customer of the terms and order of payment, in case of payment in the manner prescribed by clause 3.4 of the Agreement.

6.9.3. Violation by the Customer 4.11, 4.12, 5.12-5.19 of the Agreement.

6.10. Carry out mass mailing of information messages (including advertising) to the Customer’s email address. Moreover, such messages should contain links for unsubscribing, which allows the Customer to independently refuse to receive this newsletter.

6.11. Unilaterally amend the terms of the Agreement by posting a new version of the Agreement on the Site.

The Contractor undertakes:

6.12. Provide Services of appropriate quality in the manner and on the conditions provided for by this Agreement.

6.13. Store information and information (including personal data) received from the Customer to fulfill the terms of this Agreement.

6.14. Provide the Customer with information about the Services provided, the conditions for their provision.

6.15. To inform the Customer about changing the order of the Services (dates, broadcast schedules) by posting such information in one, but not exclusive, of the ways: posting on a web page, sending a message to the Customer’s email address, Skype, etc.

 

  1. WARRANTIES AND CERTIFICATES OF THE PARTIES

7.1. The Customer, accepting the terms of this Agreement, assumes the risk of non-receipt of profit and the risk of possible losses associated with the use of knowledge, skills acquired by the Customer during the provision of the Services.

7.2. The Contractor, guaranteeing the quality of the Services provided, does not provide guarantees for the uninterrupted, safe, faultless and exact compliance of the Services with the Customer’s expectations for the content of the Services and the results obtained.

7.3. Guaranteeing the success of applying the acquired knowledge, skills, as well as the receipt by the Customer of the Service of a certain profit (income) with their use (sale) in a certain or uncertain future, the Contractor is not responsible for non-receipt of profit (income), profit (income) below Customer expectations, as well as for direct and indirect losses of the Customer, since the success of the Customer’s use of the acquired knowledge and skills depends on many factors known and unknown to the Contractor: determination, hard work, perseverance, level of intellectual development, creative abilities of the Customer, his other individual qualities and personal characteristics, which is accepted by both Parties.

7.4. The Contractor does not carry out educational, teaching or pedagogical activities and does not provide educational services, does not issue any certificates, certificates, diplomas and the like.

7.5. By agreeing to the terms of the Agreement and accepting its terms, the Customer guarantees that he provided complete, reliable and up-to-date data, including personal data, when filling out the Application for participation in the Program, entering any registration data and making payments and does not use data of other persons (in including personal data).

7.6. The Customer guarantees that he does not intend to carry out any actions that would interfere with the business reputation of the Contractor and / or third parties related to the contractual relationship with the Contractor, or contrary to the laws of Ukraine, international norms and customs of business turnover; his actions are aimed at obtaining services and they do not contain malicious intent, fraudulent intentions, attempts of unauthorized access and public dissemination of information that is the property of the Contractor.

7.7. The parties guarantee that they have the necessary legal capacity and legal capacity to conclude the Agreement.

7.8. If the quality of services for any reason is improper for the Customer, the Contractor grants the Customer the right, within 7 (seven) calendar days from the start of the Program, access to which was provided in accordance with the terms of the Agreement, to apply to the Contractor with a Statement return paid funds.

7.9. The application for a refund is sent by the Customer, subject to the provisions of paragraph 3.9. Of the Agreement to the email address: anitaschatztextme@gmail.com no later than the period specified in clause

7.8. Agreement, otherwise, the obligation to return does not apply to the Contractor. The responsibility for the correctness of the data specified in the Application lies with the Customer. The refund application must contain the following information:

7.9.1. Copy of the passport of the Customer;

7.9.2. Method, date and amount of payment for the Services;

7.9.3. Objective reasons why the Customer considers that the provided services are of inadequate quality;

7.9.4. Bank details for a refund.

7.10. Subject to the compliance of the Application for a refund with the requirements specified in paragraphs. 7.8, 7.9 of the Agreement, the Contractor shall refund the paid funds within 30 (thirty) calendar days from the date of receipt of such an Application. Refunds are made minus payment system fees to the payment card.

7.11. In the absence of the information specified in clause 7.9 of the Agreement or the provision of false information in the Application for the return of funds, the Contractor has the right to refuse to return the funds to the Customer.

7.12. In case of violation by the Customer 4.11, 4.12, 5.7, 5.12.-5.19 of the Agreement, funds paid by the Customer to the Contractor are not returned.

7.13. Any claims, applications are sent by the Customer after the deadline specified in clause 7.8 of the Agreement, the Contractor is not considered.

7.14. If you transfer training in any of the courses to a later date (to the next flow), the money back guarantee is void (does not apply).

 

  1. RESPONSIBILITY OF THE PARTIES

8.1. In case of non-fulfillment or improper fulfillment of obligations established by the Agreement, the Parties shall be liable in accordance with the legislation of Ukraine and the provisions of the Agreement.

8.2. The Contractor is not responsible for the non-receipt by the Customer of services under this Agreement, in the event of:

8.2.1. Providing by the Customer of false information in fulfillment of the terms of the Agreement, including, but not exclusively, contact information (e-mail, Skype), as well as failure to provide information in case of changes in the information provided earlier;

8.2.2. The Customer cannot receive the Services for technical reasons beyond the control of the Contractor, in particular, if the Customer does not have access to the Internet as a result of the actions of telecom operators, providers, the influence of computer viruses and / or other malicious programs, due to the lack of necessary firmware and / or improper payment for such access.

8.3. The Contractor is not responsible for the quality of public communication channels or services that provide the Customer with access to the Services provided by the Contractor.

8.4. The Contractor is not responsible for the actions of the Customer, as a result of which damage was caused to other Customers of the services of the Contractor, as well as not responsible for damage caused to the Customer as a result of the actions of other Customers of services.

8.5. The Contractor is not responsible for the discrepancy of the content of the Service with the expectations of the Customer and / or his subjective assessment. Such a mismatch with expectations and / or a negative subjective assessment is not a reason to consider the services provided to be of poor quality, or not to an agreed extent.

8.6. The Contractor is not responsible for the actions of third parties that took place during their authorization on the Site (Web page) on behalf of the Customer.

8.7. The Customer is solely responsible for any consequences, including the expected results from the received Services.

8.8. All disputes between the Parties are resolved through negotiations based on the settlement of the conflict with the maximum regard for the interests of the Customer and the Contractor.

8.9. If the Parties fail to reach agreement on disputed issues through negotiations, such disputes shall be referred to the court in accordance with the current legislation of Ukraine.

 

  1. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)

9.1. The Parties shall be exempted from liability for partial or full failure to fulfill any of the provisions of the Agreement, if this is a consequence of circumstances that have occurred after the entry into force of the Agreement and are outside the control of the non-performing party. Such causes include natural disasters, extreme weather conditions, fires, wars, strikes, hostilities, civil unrest, terrorist attacks, interruptions in the operation of public telephone networks, electronic communication channels, as well as decisions by government agencies, etc., but not limited to them (hereinafter referred to as force majeure). The period of exemption from liability begins from the moment the non-fulfilling Party announces force majeure, as evidenced by the relevant certificate certified by the chamber of commerce or other evidence. If force majeure arose as a result of a decision of state bodies, the Parties consider that the text of such a decision is sufficient evidence of the occurrence of circumstances of force majeure.

9.2. Force majeure circumstances automatically extend the period of fulfillment of obligations for the entire period of its validity and liquidation of consequences. The Parties shall inform each other immediately of the occurrence of force majeure circumstances. If these circumstances continue for more than six months, then each of the Parties will have the right to refuse to further fulfill obligations under the Agreement, and in this case, none of the Parties will be entitled to reimburse the other Party for possible losses.

 

  1. PROTECTION OF PERSONAL DATA AND CONFIDENTIAL INFORMATION

10.1. By agreeing to the terms of the Agreement and accepting the terms of the Agreement, the Customer provides the Contractor with express consent to the processing and use of any personal data that became known to the Contractor as a result of the provision of the Services under the terms of this Agreement in accordance with the legislation of Ukraine in the field of personal data protection.

10.2. The processing of personal data includes, but is not limited to, collection, registration, accumulation, storage, adaptation, modification, updating, use and distribution (distribution, sale, transfer), depersonalization, destruction of personal data processed by the Contractor, any person related to the Contractor control in order to maintain a database of personal data of customers.

10.3. The Customer agrees that the Contractor should not receive the Customer’s additional consent to transfer the Customer’s personal data to any person connected with the Contractor through control relationships or within the framework of contractual relations.

10.4. All information that has become known to the Customer in connection with the receipt of Services from the Contractor under this Agreement (including passwords for access to the Programs) is confidential information and commercial secret of the Contractor.

10.5. The Customer undertakes not to disclose or transfer confidential information and commercial secrets of the Contractor for review and / or use to third parties without the prior written consent of the Contractor.

 

  1. INTELLECTUAL PROPERTY RIGHTS

11.1. All online classes (webinars, trainings) in the form of speeches, lectures, speeches; audio and video practices, audio and video lessons, recordings of online broadcasts in the form of audiovisual works, phonograms and videograms, photographic works, images, articles and any other materials received by the Customer to fulfill the terms of this Agreement (hereinafter – the Materials) are objects intellectual property rights and are subject to protection.

11.2. Copyright and related rights to the Materials to which the Customer is granted access belong to the Contractor. The customer is granted only the right to use the Materials solely for personal non-commercial purposes, taking into account the confidentiality status of this information.

11.3. Copying, reproduction, distribution, execution, public communication, demonstration, display, use, translation, processing, adaptation and any similar changes of the Materials without the prior written consent of the Contractor is prohibited.

 

  1. OTHER CONDITIONS

12.1. This Agreement shall enter into force from the moment of its conclusion, provided for in clause 2.5 of the Agreement and is valid until the Parties fully comply with the terms of the Agreement.

12.2. This Agreement may be terminated before its expiration by mutual agreement of the Parties or unilaterally in cases provided for by this Agreement in compliance with the terms of this Agreement.

12.3. In cases not provided for by this Agreement, the Parties are guided by the current legislation of Ukraine.

12.4. The Parties confirm their full and unambiguous understanding of the subject and content of this Agreement, the rights and obligations of each Party arising from or related to the implementation of the Agreement, the essence of the terms used in the Agreement, as well as the conformity of the text of the Agreement with the intentions and will of the Parties.

12.5. If any provision (part) of the Agreement is or becomes invalid for any reason, this fact does not affect the validity of other provisions of the Agreement as a whole.

12.6. The parties agree that the law of Ukraine applies to the relations that arose between them on the basis of this Agreement.

12.7. The parties are entitled to conclude this agreement at any time in the form of a written bilateral document.

 

  1. DETAILS OF THE CONTRACTOR

LTD Drahni A K

IIT 3343419150

Place of registration: 68700, Ukraine, Odeska area, c. Bolhrad, st. Lymanna, build. 4

e-mail: anitaschatztextme@gmail.com

tel .: +380934889120