Public Offer Agreement
1. General Provisions
1.1 Tovarystvo z Obmezhenoyu Vidpovidalnistyu Devrepublik, represented by the Director Kryvopyshyna Anna Sergiyivna, acting on the basis of the Charter, hereinafter referred to as “the Contractor”, publishes this public services offer.
1.2 In accordance with Articles 633, 641 of the Civil Code of Ukraine, this document, available on the Internet at https://new.devrepublik.com/, is a public offer and, in case of an act by individual, attesting to its acceptance, is obligatory for execution by the Contractor and this individual, hereinafter referred to as “the Customer”. Payment for the Contractor’s services by the Customer is a complete and unconditional acceptance of the offer, and is considered to be the entry into Agreement on the terms provided in this offer.
1.3 As used herein, the following terms shall have the meaning set forth below:
The “Customer” is an individual who has paid for services provided by the Contractor and is a Party to this Agreement.
“Offers” is the Contractor’s public offer addressed to any individual to enter into a service agreement with him under the existing conditions given in the offer.
“Accept” is a complete and unconditional acceptance of the offer terms by the Customer.
2. Subject of Agreement
2.1. Pursuant to the terms of this Agreement, the Contractor provides services for organizing and conducting training of the Customer in accordance with the Training Course Program, and the Customer undertakes to pay for the provided services in accordance with the terms of this Agreement.
2.2. The list of services provided by the Contractor is provided on the Contractor’s website https://new.devrepublik.com/.
3. Cost of services and payment procedure
3.1. Payment for the services under this Agreement shall be made by prepayment of the services cost by the Customer.
3.2. The cost of services is determined by the Training Course Program provided on the Contractor’s website https://new.devrepublik.com/.
3.3. Payment can be made no later than one hour before the training starts.
3.4. The services provision period is defined in the Training Course Program, provided on the Contractor’s website https://new.devrepublik.com/.
3.5. In case of early termination of the Agreement at the initiative of the Customer, the money paid by him as payment for the services provision shall be returned subject to the following conditions:
3.5.1 if the Customer refused from the services provision at least 24 hours before the start of training course – the paid money shall be returned to the Customer in full;
3.5.2 if the Customer submitted a written waiver of services not later than 8 (eight) weeks before the training course completion, the paid money shall be returned to the Customer at the rate of 50% of the full services cost; the terms of this clause do not apply to the services of the Contractor – “workshops”.
3.6. Refusal from the services provision shall be sent by the Customer to the Contractor’s e-mail address. In this case, the Contractor shall have the right to verify the intention of the Customer to terminate the Agreement by contacting him by telephone or other means.
3.7. Payments are made in a non-cash form in national currency of Ukraine or in foreign currency converted into national currency at the rate of the National Bank of Ukraine set on the date of payment.
3.8. The Customer’s absence on training is not a reason to return the money to him.
4. Performance of Agreement
4.1. The Agreement comes into force from the moment of the offer acceptance and is valid until the Agreement termination.
4.2. The Agreement shall be considered automatically terminated if the Customer has not used the Contractor’s services within 15 weeks from the date of the Agreement entry into force. The terms of this clause do not apply to the services of the Contractor – “workshops”.
4.3. In case of the Agreement termination at the initiative of one of the Parties, settlements procedure shall be governed by this Agreement.
4.4. This Agreement may be terminated before maturity on the initiative of one of the Parties on the grounds stipulated by current legislation of Ukraine. The Party initiating termination of this Agreement shall notify the other Party (by sending an e-mail) not less than 5 (five) days before the expected date of the Agreement termination.
4.5. A certificate or other document confirming completion of training by the Customer according to the chosen Course Program may be issued to the Customer upon completion of the services provision.
5. Rights and obligations of the Parties
5.1. The Contractor is obliged:
5.1.1. To provide the Customer with the services in accordance with this Agreement and the Program specified on the Contractor’s website https://new.devrepublik.com/.
5.2. The Customer is obliged:
5.2.1. To pay in full the cost of services under the terms given in this Agreement.
5.2.2. To comply with the Contractor’s requirements, rules and other terms of services provision.
5.2.3. Not to use or distribute in any way the received training course materials for profit.
5.3. The Contractor has right:
5.3.1. To refuse to provide services to the Customer without giving any reason, and returning the Customer paid money in proportion to the number of weeks that he did not attend.
5.3.2. Not to provide the Customer with services unless the Customer has submitted to the Contractor a confirmation of payment for the services (payment receipt, cheque, other payment document).
5.3.3. If necessary, to make changes in the procedure, time, period of services provision (in particular, changing the schedule). The Contractor shall notify the Customer of the changes in advance by placing respective announcement in a publicly accessible way and (or) on the Contractor’s website or by sending corresponding e-mail / message not later than 1 (one) calendar day before corresponding changes in the schedule.
5.3.4. In case of illness of the Contractor’s representative who provides training or in other exceptional cases, to replace the lecturer specified in schedule, or to replace the lesson with a similar one, or to move the lesson to another day, and notify the Customer in the order specified in clause 5.3.3 of the Agreement.
5.3.5. To suspend provision of services under this Agreement, in whole or in part, in case of circumstances resulting in a danger to the Customer’s life and health.
5.3.6. To receive from the Customer information necessary for services provision under this Agreement.
5.4. The Customer has right:
5.4.1. To use the Contracor’s services within the period stipulated in the Training Program and this Agreement.
5.4.2. To receive necessary and reliable information about the Contractor’s work schedule and services.
6. Terms and procedures of services provision
6.1. Place of services provision is Kyiv, 72 Velyka Vasylkivska st., Olimpiyskyj Shopping Center, 8th floor.
6.2. At the beginning of class the Customer submits the Contractor a document confirming payment for services (payment receipt, cheque or other payment document).
6.3. Persons under the influence of alcohol, drugs or intoxicants are not allowed to attend classes. In this case money for training is non-repayable.
6.4. During classes the Customer shall keep the order and cleanliness in place of classes, communicate in the right manner with other Customers, trainers / lecturers, administrators, other employees of the Contractor and the third parties.
6.5. The Contractor has the right to suspend the Customer from training and to unilaterally refuse to perform this Agreement in the following cases: detection of the Customer’s being influenced of alcohol, drugs or intoxicants during training.
6.6. The Contractor grants the Customer a limited, personal and non-transferable right to use the services and any materials or information obtained during the course training. The Customer may use the materials and any information provided within the rendered service only for personal non-commercial use.
7. Responsibilities of the parties.
7.1. The Customer fully incurs responsibility for the state of his health and agrees that he has no right to demand any compensation for material and health damage from the Contractor.
7.2. In case of damage caused by the Customer to the property of the Contractor, third parties, the Contractor has the right to demand full compensation for such damage from the Customer. The basis for damage compensation is an act of causing damage, drawn up by the Contractor with the the Customer or with a third party (in case of damage to property of a third party – with this party and with a side third party), and such act shall be binding on the Customer, as if it was made with his participation.
7.3. The Contractor assumes no responsibility for the Customer’s personal belongings.
7.4. The Contractor reserves the right not to allow the Customer to attend classes and to terminate this Agreement unilaterally for violation of any provisions of this Agreement or the Training Rules. Whereby, the money paid for services is not compensated to such a Customer.
7.5. The Contractor shall not be responsible for technical inconvenience caused by seasonal, preventive and emergency works of utility providers.
7.6. In case of force majeure circumstances that go beyond the reasonable foreseeability and control of this Agreement Parties, the Parties are relieved of responsibility for non-fulfillment of obligations that should have been fulfilled during such circumstances.
7.7. The Parties agree that the Contractor does not guarantee any financial or other results from the use by the Customer in his activities of purchased from the Customer services.
7.8. In case of violation by the Customer of clauses 5.2.3., 6.6. of the Agreement and the use of course materials not for personal purposes, the Contractor has the right to terminate this Agreement unilaterally, to block the Customer from accessing the training course, and to claim in court the damages caused by such actions of the Customer. In this case the paid money is not returned to the Customer.
8. Confidentiality of Agreement
8.1 The Parties have agreed that the contents of this Agreement, any documents, information and data relating to this Agreement are confidential and may not be disclosed to third parties without prior written consent of the other Party, unless such disclosure is related to receipt of official documents for performance of the Agreement or payment of taxes, other mandatory payments, as well as in cases provided for by the law.
8.2 The parties bear responsibility according to the legislation of Ukraine in case of disclosure of confidential information, which will become known to them during performance of the terms of this Agreement.
8.3 Neither of the Parties may delegate its rights and obligations under the Agreement to another person without the written consent of the other Party.
8.4 The Parties have agreed that it is not confidential information – photos and – video materials created during the process of providing services (including those created during coffee breaks, protection by the Customer of the project created during training, etc.). Photos and videos may be used by the Contractor to publish in any source of information (including on social networks, on the Contractors’ website, etc.) in order to disseminate promotional information about the services provided to them.
8.5 The Customer confirms his consent to processing of his personal data by the Contractor, i.e. to take the following actions regarding the Customer’s personal data: collection, systematization, entry into the Contractor’s databases, including electronic, hoard, storage, refinement, as well as to further use and distribution of personal data by the Contractor in accordance with the provisions of the Law of Ukraine “On Protection of Personal Data”.
8.6 The Parties have agreed that the Contractor will collect and accumulate the Customer’s personal data on paper and/or electronic media, including by entering it into the Contractor’s database.
8.7. The matters not regulated by this Agreement shall be governed by the information provided on the Contractor’s website https://new.devrepublik.com/ and applicable law of Ukraine.
8.8. This Agreement is available on the Contractor’s website and is presented in three languages: Ukrainian, Russian and English. The Parties have agreed that the text in Ukrainian prevails.
9. Settlement of Disputes
9.1 In the event of disputes or disagreements, the Parties undertake to resolve them by negotiations.
9.2 In the event the Parties fail to reach agreement, disputes shall be settled in court.
10. Contractor details
TOVARYSTVO Z OBMEZHENOYU
18001, Cherkasy region, Cherkasy, 242/1 Shevchenko blvd, of. 803
s/a 26004878958624 in АТ «UkrSibbank» Kyiv,
МFО 351005, EDRPOU Code 43120980
ТОV Devrepublik Director