Public Offer to Conclude a Service Agreement for an Online Training Course (Public Offer)
- General Provisions
1.1. This document is an official public offer to conclude an agreement for the provision of services (hereinafter such public offer is referred to as the "Public Offer").
1.2. This Public Offer comes into force from the moment of its posting on the Contractor's website at the address: https://lsektor.ua/publichna-oferta-on-line (hereinafter referred to as the "Website") and remains in effect until this Public Offer is revoked by the Contractor in the manner provided for in this Public Offer.
1.3. The Contractor reserves the right to make changes to the terms of this Public Offer, including, but not limited to, the cost and description of Tariffs (as defined above) on the Website and/or to revoke this Public Offer at any time at its discretion. If the Contractor makes changes to this Public Offer, such changes come into force from the moment the updated text of this Public Offer is published on the Website, unless otherwise specified when making such changes. The Contractor is obliged to announce the changes or revocation of this Public Offer on the Website 7 (seven) calendar days before the relevant changes or revocation of this Public Offer come into effect.
1.4. To conclude an agreement for the provision of informational services (hereinafter referred to as the "Agreement"), the Client must fully, unconditionally, and unreservedly accept this Public Offer (hereinafter referred to as the "Acceptance"), i.e., agree to conclude the Agreement on the terms set out in this Public Offer by paying for the Services (as defined below) in the manner provided for in paragraph 3 of this Public Offer.
1.5. From the moment of payment for the Services, the Agreement is considered concluded under the terms of this Public Offer.
- Subject of the Agreement
2.1. The Contractor undertakes to provide the Client, under the terms provided for in this Agreement, with services for: (i) processing and systematizing information about the Client's visitors (on-line), (ii) posting information about the Client's visit schedule (on-line), pricing policy, offers, promotions, and other important information of such a Client on the Website and sending notifications to the visitors of such a Client regarding the above-mentioned information, (iii) generating a payment request for the Client's services using the electronic payment system LiqPay, and (iv) other services, the final volume of which depends on the Tariff chosen by the Client (as defined below) (hereinafter referred to as the "Services"), and the Client undertakes to accept and pay for the Services.
- Service Cost and Payment Terms
3.1. The cost of services (on-line training) is determined at the discretion of the client. Settlements under the Agreement are carried out in the national currency in a non-cash form using the electronic payment system LiqPay by the Client.
3.2. By concluding the Agreement, the Client confirms that he/she is familiar with the terms and rules for the provision of services in the LiqPay system, which are available at the link: https://lsektor.ua/publichna-oferta-on-line.
3.3. For making the Payment, a commission may be charged from the Client according to the tariffs provided for by the LiqPay electronic payment system.
3.4. To avoid any doubt, the payment for the Services is made by paying the Tariff.
- Rights and Obligations of the Parties
4.1. The Contractor is obliged to:
4.1.1. connect the Client to the Services no later than the next business day after the Client pays for the Services;
4.1.2. provide the Services in the manner and on the terms defined in the Agreement;
4.1.3. provide the Client with the opportunity to receive information and reference services on the provision of Services. Information and reference services are provided by the Contractor's customer service department by phone: ____ or by email: ____.
4.2. The Contractor has the right to:
4.2.1. verify the information provided by the Client for the purpose of Client identification;
4.2.2. change the parameters of the quality of the Services provided;
4.2.3. change the Tariffs, which are set by the Contractor unilaterally by publishing changes on the Website. The Contractor is obliged to announce changes to the Tariffs on the Website 7 (seven) calendar days before the relevant changes come into effect. The change in Tariffs does not apply to the Client who has made a prepayment for the Tariff, for the duration of such a Tariff;
4.2.4. terminate the provision of Services (terminate the Agreement unilaterally) if the Client fails to make a prepayment for the next period of service use by notifying the Client of such termination by sending an email to the Client's email address. The Agreement is considered terminated from the moment the Client receives the relevant email from the Contractor;
4.2.5. suspend the provision of Services during preventive maintenance of the service, having previously informed the Client about it by posting an announcement on the Website. The total preventive maintenance time should not exceed 12 (twelve) hours within 1 (one) calendar month;
4.2.6. place instructions, rules, user manuals, etc., on the Website. Such instructions, rules, and user manuals are mandatory for the Client to familiarize themselves with.
4.3. The Client is obliged to:
4.3.1. pay for the Services at his/her discretion;
4.3.2. use the Services personally, not provide the login and password for access to the personal account on the Website to third parties and take appropriate measures to keep them confidential;
4.3.3. periodically familiarize himself/herself with the information posted on the Website regarding new Tariffs, services, changes to them, etc.
4.4. The Client has the right to:
4.4.1. use the Services on the terms and in the manner defined in the Agreement;
4.4.2. receive information from the Contractor about the Services provided;
4.4.3. use the information and reference services of the Contractor;
4.4.4. terminate the Agreement early or refuse the Services. In case of early termination of the Agreement or refusal of the Services, the pre-paid amount is non-refundable except in cases provided for in paragraphs 4.4.5 – 4.4.8 below;
4.4.5. demand a refund from the Contractor for the Tariff regardless of the reason, within 14 (fourteen) calendar days after making the payment, if the use of the Services has not begun. In this case, the Contractor is obliged to refund the Client the amount paid for the Tariff in the same way the payment was made;
4.4.6. to request a refund, the Client must submit the relevant application to the Contractor and present an identity document (in some cases, at the request of the Contractor's representative, provide a document confirming the payment for the Services);
4.4.7. exchange the Tariff within 14 (fourteen) calendar days after making the payment, if the use of the Services has not begun, for a Tariff of the same cost;
4.4.8. to make an exchange, the Client must submit the relevant application to the Contractor and present an identity document (in some cases, at the request of the Contractor's representative, provide a document confirming the payment for the Services).
- Term of the Agreement
5.1. The Agreement for the Client comes into force from the moment of its conclusion and is valid for the period specified in the relevant Tariff.
5.2. The Agreement is considered terminated in the event of a refund of the amount paid for the Tariff to the Client in accordance with paragraph 4.4.5 of the Agreement.
5.3. The Agreement is considered extended if the Client purchases the Tariff for the next period. The number of extensions is unlimited.
- Liability of the Parties
6.1. The Parties are liable for non-fulfillment or improper fulfillment of this Agreement in accordance with the current legislation of Ukraine.
6.2. The Contractor is not liable to the Client for non-fulfillment or improper fulfillment of obligations under the Agreement if such non-fulfillment or improper fulfillment occurred due to force majeure circumstances.
6.3. Force majeure circumstances include: natural disasters, armed conflicts, military actions, strikes, actions of state authorities, and other situations indicating the impossibility of the Contractor to fulfill obligations under the Agreement. If the Contractor is affected by force majeure circumstances, he must notify the Client within 10 (ten) business days. If the force majeure circumstances last more than 90 calendar days, the Contractor has the right to unilaterally terminate this Agreement by notifying the Client by sending an email to the Client's email address no later than 10 (ten) business days before the termination date. In this case, losses caused by the termination of the Agreement are not reimbursed, and penalties are not paid.
6.4. The Contractor is not liable for the consequences caused by the Client providing false information.
6.5. The Contractor's liability to the Client in case of claims for compensation for damage due to the non-provision or provision of poor-quality Services, documented, is compensated within the monthly cost of the corresponding Tariff chosen by the Client.
6.6. In any case, the Contractor's liability to the Client under this Agreement is limited to the monthly cost of the Tariff chosen by the Client.
- Other Conditions
7.1. The exclusive rights to intellectual property objects that may arise in the process of providing Services to the Client remain with the Contractor.
7.2. The rights to all intellectual property objects included on the Website belong to the Contractor.
7.3. All materials, access to which the Client is provided by the Contractor, are the result of the Contractor's intellectual property.
7.4. All disputes and disagreements that may arise in the process of providing Services by the Contractor are resolved through negotiations.
7.5. If no agreement is reached as a result of negotiations, the dispute is referred to the court in accordance with the current legislation of Ukraine.
7.6. The Contractor and the Client understand and acknowledge that the discrepancy between the result of the Services provided and the result expected and desired by the Client when applying for the provision of the relevant Services itself is not a fact of providing such Services of inadequate quality.
7.7. The relations arising from this Agreement are governed by the current legislation of Ukraine.
7.8. The Client:
7.8.1. gives explicit consent to the Contractor, in accordance with the Law of Ukraine "On the Protection of Personal Data" dated June 1, 2010, No. 2297-VI, to process his/her personal data, namely - to enter, store and process his/her personal data, to perform actions with personal data related to the collection, implementation, accumulation, storage, generalization, modification, use, dissemination, depersonalization, destruction, etc., of such personal data;
7.8.2. is fully responsible for the accuracy of the provided personal data, undertakes to promptly inform the Contractor about their change, and in case of non-notification, acknowledges the risk of adverse consequences associated with this.
7.9. The Parties agree that they have reached an agreement on all essential terms of the Agreement.
7.10. The Contractor maintains the confidentiality of data and information received from the Client in the process of fulfilling the Agreement and may disclose it exclusively in the manner and in the cases provided for by the current legislation of Ukraine.
7.11. The invalidity of any provision of the Agreement does not affect the validity of the Agreement as a whole. In case of such invalidity, the parties to the Agreement will make changes to the Agreement that are necessary to fulfill the intentions of the parties under the Agreement.
