This Agreement is a public contract — Public Offer Agreement, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Offer, the buyer accepts the terms and conditions of ordering, payment for goods, delivery of goods.
This Agreement is an agreement between Individual entrepreneur Zavada Pavlo Anatoliiovych (iteducenter.ua, hereinafter - the "Site") (hereinafter - the "Contractor") and any legal entity, individual entrepreneur or individual user of the site, which is hereinafter referred to as "Customer" (hereinafter - "Customer"), which includes all the essential conditions for the organization of purchase and sale remotely (i.e. through the Internet site).
The terms of this Agreement regulate the relationship between the Contractor and the Customer, and are determined by the Law of Ukraine "On Consumer Protection" № 1023-XII of May 12, 1991, the Rules for providing consulting services on informatization, approved by order of the Ministry of Economy of Ukraine.
This agreement has the character of a public offer, is equivalent to an "oral agreement" and has the appropriate legal force in accordance with the current legislation of Ukraine.
- This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for the organization of purchase and sale remotely, i.e. through the Internet site.
- According to Art. 642 of the Civil Code of Ukraine full and unquestioning acceptance of the terms of the public contract, i.e. the public offer of the site, is the fact by clicking on the links "Place an order", "Go to payment", "Pay", "Place an order", etc.
- The public offer is also accepted at registration of the Customer on a site.
- By concluding the Agreement, the Customer confirms that he is fully acquainted and agrees with its terms, and, if the Customer is an individual, gives permission to process their personal data in order to fulfill the terms of this Agreement, the possibility of settlements, as well as to obtain invoices, acts and other documents. Permission to process personal data is valid throughout the term of the Agreement. In addition, by concluding this Agreement, the Customer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection. The scope of the Customer's rights as a subject of personal data, in accordance with the Law of Ukraine "On Personal Data Protection", he knows and understands.
Subject of the agreement
- In accordance with the terms of this Agreement, the CONTRACTOR undertakes to provide the CUSTOMER with consulting services on informatization/training (hereinafter - the services), and the CUSTOMER undertakes to accept such services and pay for them.
- The list (topics), volumes, modes of provision and cost of services are indicated on the Contractor's website.
Prices, amount and calculation procedure
- The full cost of the goods is indicated on the pages of the Contractor's website.
- Prices for the Services may vary depending on market conditions, which is reflected in the prices on the website.
- The Buyer pays for the order within 2 working days (in the amount of 100% of the subscription) by bank transfer to the current account of the Contractor specified in the invoice, incl. using Internet banking.
Procedure and terms of provision of services
- Services are provided by direct consultation and informing the CUSTOMER by the specialists of the CONTRACTOR (instructors) in accordance with the regimes and conditions specified on the site (teaching formats).
- Services are provided through the CONTRACTOR's website at: https://iteducenter.ua.
Obligations of the parties
Duties of the CONTRACTOR
- Provide quality services and in full in accordance with the terms of the Agreement.
- Provide services to consultants who have received the necessary training and have the appropriate level of knowledge.
- Provide the CUSTOMER with visual aids and other materials necessary for more productive services.
- The CONTRACTOR has the right to unilaterally terminate this Agreement and terminate the provision of services in case of non-performance by the CUSTOMER of its obligations under this Agreement, including in case of breach of payment terms, as well as in case of breach by the CUSTOMER; refusal by the CUSTOMER to receive services.
Responsibilities of the CUSTOMER
- Pay for the services provided by the CONTRACTOR in a timely manner.
- Timely listen to information materials provided by the CONTRACTOR, and timely and honestly perform practical tasks and examinations, which are an integral part of the process of providing services by the CONTRACTOR.
- The CUSTOMER guarantees that the materials received by the CUSTOMER, which are the intellectual property of the manufacturers and the CONTRACTOR, will not be provided to third parties, copied or otherwise reproduced other than for their own use.
- Each Party undertakes to maintain the confidentiality and not provide third parties with information on this Agreement, technical and other information obtained from the other party in the course of this Agreement, without the prior written consent of the other party, except as provided in this Agreement and applicable legislation of Ukraine.
Responsibility of the parties
- In case of non-performance or improper performance by one of the PARTIES of its obligations arising from this Agreement and which led to damage to the other party, the guilty party is obliged to reimburse such damage.
- Losses shall be understood as additional costs incurred by the party, incurred as a result of violation of the terms of this Agreement by the other party.
- The amount of the service is returned to the customer's card in accordance with the signed original of the application and the reasons for return indicated in it. Funds are transferred in the period from 3 to 5 banking days from the date of receipt by the accounting department of the original document. The amount returned to the customer may be transferred and reimbursed in part or in full, depending on the result of services provided or not provided.
Dispute resolution procedure
- In the event of disputes in the implementation of this Agreement by the Parties, the Parties shall take all measures to resolve them through negotiations. If it is impossible to settle them through negotiations, the interested Party shall apply to the Commercial Court in accordance with the current legislation of Ukraine.
Circumstances of force majority
- The Parties shall be released from liability for partial or complete non-fulfillment of obligations under this Agreement if it is the result of force majeure circumstances, such as natural disasters, fire, floods, strikes, other circumstances, if they affected the Parties' compliance with this Agreement. Circumstances of force majeure shall be understood as circumstances that have arisen during the term of this Agreement as a result of unforeseen and unavoidable events by the Parties. In these cases, the term of fulfillment by the Parties of the obligations under the agreement is postponed in accordance with the time during which such circumstances and their consequences operate.
- The party for whom the conditions have been created under which it is impossible to fulfill the obligations under the contract due to force majeure, must notify the other party in writing of the occurrence of these circumstances without delay, no later than 10 (ten) days from the date of their occurrence. The notification must contain information on the occurrence and nature of the circumstances and their possible consequences.
- A certificate of the Chamber of Commerce and Industry of Ukraine is a proper proof of the existence of force majeure circumstances.
- Occurrence of the specified circumstances is not the basis for refusal of the CUSTOMER from a payment for the information and consulting services rendered before their occurrence and refusal of the CONTRACTOR from rendering of information and consulting services according to the payment made by the CUSTOMER.
- In case of force majeure lasting more than 60 days, each of the Parties has the right to raise the issue of termination of this Agreement.
Term of the agreement
- The Agreement shall enter into force upon its signing by the Parties, and shall remain in force until the Parties have fully fulfilled their obligations under this Agreement.
- This Agreement may be terminated early by agreement of the Parties or by decision of the Commercial Court.
- The Parties may, by mutual consent, make the necessary additions or changes to this Agreement, which shall take effect upon signature by the authorized representatives of the Parties.
- All appendices, changes and additions to this Agreement are its inalienable part.
- The CONTRACTOR has the status of a single taxpayer (group 2), is not a VAT payer.
- The Website reserves the right to unilaterally amend this Agreement with its prior publication on the website "iteducenter.ua"
- The Internet site is created for the organization of a remote way of sale of services via the Internet.
- The website is not responsible for the content and veracity of the information provided by the Customer when placing an order.
- The customer is responsible for the veracity of the information specified in the order.
- Payment by the Customer for the order placed on the Internet site means the full consent of the Customer to the terms of the Agreement (public offer of the Internet site) and is the date of conclusion of the Agreement between the Contractor and the Customer.
- The use of the Internet site resource for viewing the goods, as well as for placing an order, is free of charge for the Customer.
- The information provided by the Customer is confidential. The Internet site uses information about the Customer exclusively for the purposes of functioning of the Internet site (sending the message to the Customer about execution of the order, sending of advertising messages, etc.).
- By own acceptance of the Agreement or registration on the site "iteducenter.ua" (filling in the registration form) the Customer voluntarily consents to the collection and processing of personal data in the registered database of the Contractor "Contractors" for the following purpose: data that become known to the Seller including for processing orders for the purchase of goods, receiving information about the order, sending telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the store. For the purposes provided for in this paragraph, the Contractor has the right to send letters, messages and materials to the postal address, e-mail of the Customer, as well as send SMS-messages, make calls to the telephone number specified in the questionnaire.
- The Customer gives the Contractor the right to process his personal data, including: to place personal data in the Customer's database (without additional notification of the Participant), to carry out lifelong data storage, accumulation, update, change (if necessary). The Buyer undertakes to protect data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these purposes, as well as at the request of the competent public authority).
- In case of unwillingness to receive the newsletter, the Customer has the right to apply to the Contractor, writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.