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This offer is addressed to any person (an unspecified number of persons) (hereinafter referred to as the "Customer") and is a public offer of the Contractor to conclude a contract for the provision of services, posted on the Internet and may be sent to the Customer's e-mail address (hereinafter referred to as the Agreement) on the following terms:
1. DEFINITION OF TERMS.
For the purposes of this Agreement, the terms are used in the following meaning:
1.1. Acceptance – full, unconditional and unreserved acceptance by the Customer of the terms of this Agreement without any exceptions and/or limitations 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 may be any capable individual who has reached the age of 18 and intends to receive the Contractor’s services in accordance with the procedure and on the terms specified in this Agreement.
1.3. Contractor – FOP Mavleeva Liliya Anisivna and persons (entities of business activity) who have the right to provide services (clause 1.3.1.) provided for by this Public Agreement (offer). The name of the Contractor is indicated in the invoice or other documents for payment for the Services.
1.3.1. Vyacheslav Hrymalsky, founder and owner of the Creatium website builder
1.4. Services are the provision by the Contractor of limited access to the Customer to the Contractor's Programs through the use of 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 posted on the website.
1.5. Program - a holistic formed set of online classes (webinars, trainings), electronic versions of audio, video recordings of classes, seminars, trainings, courses, phonograms, videograms, text, audiovisual works, interconnected and structured on a specific topic, protected by intellectual property, access to which is provided through the Site or Web page for use by the Customer.
1.6. Online classes (webinar, training) - a performance, lecture, speech, which take place in real time and / or in the mode of broadcasting their recording using web technologies by providing the Customer with a Personal link (access) under the terms of this Agreement.
1.7. Site - a set of data, electronic (digital) information, other objects of copyright and (or) related rights, etc., interconnected and structured within the site address, access to which is carried out through the specified Internet address.
1.8. Personal link — a personal record of the address of a site or part of it (Web page), formalized in accordance with Internet standards, which allows the Customer to access the Site on the Internet.
2. BASIC PROVISIONS.
2.1. The Agreement is concluded between the Contractor and the Customer of services in the form of an accession agreement.
2.2. This Agreement is a public agreement (hereinafter referred to as the Agreement), which is considered concluded between the Contractor, on the one hand, and the Customer, on the other, from the moment of the latter's Acceptance of all the terms and conditions of this Agreement without exception.
2.3. In accordance with the procedure and on the terms specified in this Agreement, the Contractor undertakes to provide the Customer with services, and the Customer undertakes to accept and pay for the provided Services.
2.4. Actions indicating agreement to comply with the terms of this Agreement are the Customer's Acceptance of the terms of this Agreement.
2.5. The Customer accepts the Agreement after familiarizing himself with its terms posted on the Site by collectively or separately performing any of the following actions:
2.5.1. Filling out the application for participation in the Program by the Customer;
2.5.2. Payment by the Customer for the service in full;
2.5.3. Placing the appropriate checkmark “I have read the terms of this agreement and accept its terms.”
2.6. The list and cost of the Services are posted on the Site.
3. 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 in the payment invoice 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 the moment of payment by publishing a new price on the Website.
3.3. The Customer pays for the Services on the condition 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 by the Contractor means the Customer's familiarization with and full agreement with the terms of this Agreement.
3.6. Payment for the Services is made by transferring funds to the Contractor's current account. Methods of payment for the selected Service are indicated on the Website or in the payment invoice 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 the event of payment for the Service in installments and failure to make any part of the payment within the specified period, the Contractor has the right to refuse the Customer access to the relevant Program without refunding the funds paid.
4. TERMS OF SERVICE.
4.1. To receive the services of the Contractor, the Customer fills out a Purchase Application on the Site.
4.2. In confirmation of the Application, the Contractor sends the Customer an invoice for payment for the Product, Services or the selected Training Program by e-mail or in another way.
4.3. The Customer pays for the Product, Services, Program by one of the selected methods, after which it notifies the Contractor of the payment with the provision of supporting documents in the manner specified in the payment invoice.
4.4. After the Contractor receives confirmation of payment, the Customer is sent an Electronic Product or a Personal Link to the e-mail address specified when filling out the application for participation in the Program.
4.5. If the Customer does not receive the Electronic Product or a Personal Link, the Customer must contact the Contractor's support service by sending a letter to the e-mail address:
4.6. An electronic product or Personal link is valid for one Customer who received the specified link. It is prohibited to transfer the Personal link to third parties.
4.7. After receiving the Personal link, the Customer must fill out the registration form for access to the Personal account, specifying the necessary identification data.
4.8. The Customer is solely responsible for maintaining the confidentiality and security of access to his/her Personal (Personal) account, as well as all actions performed using the Personal (Personal) account, and undertakes to immediately notify the Contractor of any breach of security of the Personal (Personal) account.
4.9. To receive the Service, the Customer independently ensures compliance with the appropriate technical conditions of the personal computer or other mobile device.
4.10. The schedule of online classes (webinars, trainings) may be changed by the Contractor unilaterally by posting such information in one, but not exclusively, of the following ways: posting on the web page, sending a message to the Customer's email address, Skype, etc.
4.11. When participating in online classes (webinars, trainings), it is prohibited to incite interethnic conflicts, humiliate other participants, the trainer, advertise, use obscene language and other behavior that violates moral and ethical norms and 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. The Customer may use the information and materials (audio, video recordings, etc.) received only for personal purposes and for personal use.
4.13. The Contractor has the right to unilaterally refuse to provide services and cancel the Customer's access to the selected program in the event of establishing the facts of the Customer's transfer of the Personal Link to third parties, distribution of information and materials (audio, video, etc.) received as a result of receiving the Services to third parties.
4.14. The Contractor is not responsible for the Customer's inability to participate in online classes (webinars, trainings) due to reasons beyond the Contractor's control.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER.
The Customer has the right to:
5.1. Receive Services under the terms of this Agreement.
5.2. Receive information from the Contractor about the services provided, the terms of their provision by phone numbers specified on the Site, or by sending a corresponding request to the e-mail specified on the Site, or through the feedback form.
5.3. Enter the Personal Account under your account simultaneously from only one access point (personal computer, laptop, netbook, tablet, etc.).
5.4. Under the terms of the specified Agreement, in agreement with the Contractor, once transfer the receipt of the Service, the cost of which has been paid in full, to the next date of its provision, agreed upon by the Parties. In the event of such transfer, a refund for the services provided is possible only in the event of the provision of services of inadequate quality.
5.5. The Customer has all the rights of a consumer in accordance with the current legislation of Ukraine governing these legal relations.
The Customer undertakes to:
5.6. Pay for the Services in full in accordance with the procedure and terms stipulated by this Agreement.
5.7. Provide reliable information about himself in the process of filling out the application for participation in the Program. The Customer is responsible for the reliability of such information.
5.8. Maintain in good technical condition the equipment and communication channels that provide access to the Site.
5.9. Independently and in a timely manner familiarize himself with the information about the time, date, cost and conditions of provision of Services, which is posted on the Site. The Customer has no right to make claims to the Contractor in case of untimely familiarization or failure to familiarize himself with the information on the Site. The Customer assumes all responsibility for the consequences of untimely familiarization or failure to familiarize himself with the information that he places on the Site by the Contractor.
5.10. Follow the recommendations, homework, requirements, etc. of the Contractor, set out in the Program.
5.11. Provide the Contractor with up-to-date information on means of communication for sending information materials, as well as for the Contractor's communication with the Customer within the framework of the provision of Services under this Agreement.
The Customer is prohibited from:
5.12. Recording in any form (via audio, video recording, downloading, screenshots, photographing and other methods of storing information) an online class (webinar, training) conducted within the framework of the provision of Services under this Agreement.
5.13. Recording in any form (via audio, video recording, downloading, screenshots, photographing and other methods of storing information) an online class (webinar, training) conducted within the framework of the provision of Services under this Agreement.
5.14. Distributing materials received within the framework of the specified Agreement by decoding (translating audio and video materials into text format) or translating into other languages.
5.15. Using the information and materials received within the framework of this Agreement for commercial purposes by transferring or distributing in any way the knowledge received from the Contractor.
5.16. Use the information received from the Contractor, including (without limitation) for the purpose of creating a similar and/or competitive service or service, or for the purpose of obtaining commercial or financial benefit without prior agreement with the Contractor.
5.17. Carry out your activities based on the Contractor's Services.
5.18. Allow the dissemination of unreliable, false information, information that defames the honor, dignity, business reputation of the Contractor, trainers and other persons, as well as information that incites and calls for international, ethnic, sexual, racial intolerance, hostility, war, change of the state system of countries, information, the dissemination of which is prohibited by the current legislation of Ukraine and the norms of International law depending on the territory of provision of services.
5.19. Transfer and/or provide access to the Program to any third parties, as well as receive Services jointly with third parties.
6. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR.
The Contractor has the right to:
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 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 class (webinar, training) within the framework of the Program, functionality, and the interface of the Web page in the process of providing the Service.
6.5. During online classes (webinars, trainings), the Program will take photographs, video, and audio recordings and use them at its own discretion. The Customer has the right to consent to or refuse the Contractor to perform these actions and may grant the Contractor the right to publish them by publishing on the Site and otherwise make them available to an indefinite number of persons, distribute, reproduce, edit and otherwise use photographs, audio-video recordings with the image and (or) voice of the Customer.
6.6. Independently involve third parties in the provision of services, including trainers.
6.7. Receive from the Customer any information necessary to fulfill its obligations under the Agreement. In the event of failure to provide information, incomplete or incorrect provision of information, the Contractor has the right to suspend the provision of Services under the Agreement until the Customer provides such information.
6.8. Conduct surveys and polls of the Customer. And in case of the Customer's consent, distribute (publish or otherwise distribute) the results of the survey (poll) and the received feedback on the Services received in compliance with the requirements of the legislation of Ukraine on the protection of personal data.
6.9. Refuse to provide Services or restrict the Contractor's access to the Program without refunding the paid funds in the following cases:
6.9.1. Provision of inaccurate information by the Customer.
6.9.2. Failure by the Customer to comply with the terms and procedure for payment in the event of payment in accordance with the procedure provided for in clause 3.4 of the Agreement.
6.9.3. Violation by the Customer of clauses 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. In this case, such messages must contain a link to unsubscribe, which allows the Customer to independently refuse to receive the newsletter.
6.11. Unilaterally make changes to the terms of the Agreement by posting a new version of the Agreement on the Site.
The Contractor undertakes to:
6.12. Provide Services of appropriate quality in the manner and on the terms and conditions stipulated by this Agreement.
6.13. Store information and data (including personal data) received from the Customer to fulfill the terms and conditions of this Agreement.
6.14. Provide the Customer with information about the services provided and the terms and conditions of their provision.
6.15. Inform the Customer about changes in the procedure for providing Services (dates, broadcast schedules) by posting such information in one, but not exclusively, of the following ways: posting on the website, sending a message to the Customer's email address, Skype, etc.
7. WARRANTIES AND REPRESENTATIONS.
7.1. The Customer, by accepting the terms of this Agreement, assumes the risk of not receiving profit and the risk of possible losses associated with the use of knowledge, skills, abilities obtained by the Customer during the provision of the Services.
7.2. The Contractor, while guaranteeing the quality of the Services, does not provide guarantees for the continuity, security, accuracy and exact compliance of the Services with the Customer's expectations regarding the content of the Services and the results obtained by him.
7.3. Guaranteeing the successful application of the acquired knowledge, skills, abilities, as well as the receipt by the Customer of a certain profit (income) with their use (sale) in a certain or indefinite future, the Contractor is not responsible for the failure to obtain profit (income), obtaining profit (income) below the Customer's expectations, as well as for direct and indirect losses of the Customer, since the successful use of the acquired knowledge, skills and abilities by the Customer depends on many factors known and unknown to the Contractor: determination, diligence, perseverance, level of intellectual development, creative abilities and personal characteristics, which is accepted by both Parties.
7.4. The Contractor carries out information activities and issues a certificate confirming the fact of passing the course.
7.5. By agreeing to the terms of the Agreement and accepting its terms, the Customer guarantees that he has provided complete, accurate and up-to-date data, including personal data, when filling out the Application for participation in the Program, entering any registration data and making payment, and does not use the data of other persons (including personal data).
7.6. The Customer guarantees that it does not intend to take any actions that would harm the business reputation of the Contractor and/or third parties related by contractual relations with the Contractor, or contradict the legislation of Ukraine, international norms and customs of business turnover; its actions are aimed at obtaining services and do not contain malicious intent, fraudulent intent, attempts at unauthorized access to information that is the property of the Contractor.
7.7. The Parties guarantee that they have the necessary legal capacity and capacity to conclude the Agreement.
7.8. If the quality of services is inadequate for the Customer for any reason, the Contractor grants the Customer the right within 14 (fourteen) 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 an Application for a refund of the funds paid.
7.9. The application for a refund specified in clause 7.8 of the Agreement shall be sent by the Customer to the following address:
The Customer is responsible for the accuracy of the data specified in the Application. The Application for a refund must contain the following information:
7.9.1. Last name, first name, patronymic of the Customer;
7.9.2. Method, date and amount of payment for the Services;
7.9.3. Reasons why the Customer believes that the services provided were of inadequate quality;
7.9.4. Bank details for the refund.
7.10. Provided that the Application for a refund meets the requirements of clauses 7.8, 7.9 of the Agreement, the Contractor shall return the paid funds within 30 (thirty) calendar days from the date of receipt of the application. The refund is made after deducting the payment system commission and to the card from which the payment was made.
7.11. In the event that the application for a refund does not contain the information specified in clause 7.9 of the Agreement or provides inaccurate information, the Contractor has the right to refuse to refund the Customer.
7.12. In the event of a violation by the Customer of clauses 4.11, 4.12, 5.7, 5.12.-5.19 of the Agreement, the funds paid by the Customer to the Contractor shall not be returned.
7.13. Any claims or applications sent by the Customer after the expiration of the period specified in clause 7.8 of the Agreement shall not be considered by the Contractor.
8. LIABILITY OF THE PARTIES.
8.1. In case of failure to fulfill or improper fulfillment of the 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. In case of failure to fulfill or improper fulfillment of the obligations established by the Agreement, the Parties shall be liable in accordance with the legislation of Ukraine and the provisions of the Agreement.
8.2.1. Provision by the Customer of inaccurate information to fulfill the terms of the Agreement, including, but not limited to, 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 that are beyond the control of the Contractor, in particular, if the Customer does not have access to the Internet due to the actions of communication operators, providers, the impact of computer viruses and/or other malicious programs due to the lack of the necessary software and hardware 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 Contractor's services, and is also not responsible for damage caused to the Customer as a result of the actions of other Customers of the services.
8.5. The Contractor is not responsible for the inconsistency of the content of the Service with the Customer's expectations and/or his subjective assessment. Such inconsistency with expectations and/or negative subjective assessment is not a reason to consider the services provided as poor quality or not in the agreed volume.
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 service received.
8.8. All disputes between the Parties shall be considered through negotiations on the basis of conflict resolution with maximum consideration of the interests of the Customer and the Contractor.
8.9. If the Parties are unable to reach an agreement on the disputed issues through negotiations, such disputes shall be referred to court in accordance with the current legislation of Ukraine.
9. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)
9.1. The Parties are exempted from liability for partial or complete failure to fulfill any of the provisions of the Agreement, if this is a consequence of circumstances that occurred after the entry into force of the Agreement and are beyond the control of the non-performing party. Such reasons include, but are not limited to, natural disasters, extreme weather conditions, fires, wars, strikes, hostilities, civil unrest, terrorist acts, disruptions in the operation of public telephone networks, electronic communication channels, as well as decisions of state authorities, etc. (hereinafter referred to as force majeure). The period of exemption from liability begins from the moment the non-performing Party declares force majeure, which is confirmed by an appropriate certificate certified by the Chamber of Commerce and Industry or other evidence. If force majeure arose as a result of a decision of state authorities, the Parties consider that the text of such a decision is sufficient evidence of the occurrence of force majeure circumstances.
9.2. Force majeure circumstances automatically extend the term of performance of obligations throughout its duration and elimination of consequences. The Parties must inform each other immediately about the occurrence of force majeure circumstances. If these circumstances last more than six months, each of the Parties will have the right to refuse further performance of obligations under the Agreement, and in such case, neither Party will have the right to compensation from the other Party for possible losses.
10. 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 unambiguous consent to the processing and use of any personal data that became known to the Contractor as a result of the provision of Services under the terms of this Agreement in accordance with the legislation of Ukraine in the field of personal data protection.
10.2. Processing of personal data includes, but is not limited to, collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, sale, transfer), depersonalization, destruction of personal data processed by the Contractor by any person related to the Contractor by control relations for the purpose of maintaining a database of personal data of Customers.
10.3. The Customer agrees that the Contractor shall not obtain additional consent from the Customer to transfer the Customer's personal data to any person related to the Contractor by control relations or within the framework of contractual relations.
10.4. All information that became known to the Customer in connection with receiving Services from the Contractor under this Agreement (in particular, passwords for accessing the Programs) is confidential information and trade secret of the Contractor.
10.5. The Customer undertakes not to disclose or transfer confidential information and trade secret of the Contractor for review and/or use to third parties without the prior written consent of the Contractor.
11. INTELLECTUAL PROPERTY RIGHTS.
11.1. All online classes (webinars, trainings) in the form of speeches, lectures, performances; 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 in fulfillment of the terms of this Agreement (hereinafter referred to as the Materials) are objects of intellectual property rights and are subject to protection.
11.2. Copyright and related rights to the Materials to which the Customer is provided access belong to the Contractor. The Customer is granted only the right to use the Materials exclusively for personal non-commercial purposes.
11.3. It is prohibited to copy, reproduce, distribute, perform, publicly communicate, demonstrate, display, use, translate, process, adapt and any similar changes to the materials in any way without the prior written consent of the Contractor.
12. OTHER TERMS.
12.1. This Agreement shall enter into force from the moment of its conclusion, provided for in clause 2.5 of the Agreement, and shall remain in force until the Parties fully comply with the terms of the Agreement.
12.2. This Agreement may be terminated before the expiration of its term by mutual consent of the Parties or unilaterally in cases provided for in this Agreement in compliance with the terms of this Agreement.
12.3. In cases not provided for in this Agreement, the Parties shall be governed 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 performance of the Agreement, the essence of the terms used in the Agreement, as well as the compliance 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 shall apply to the relations arising between them on the basis of this Agreement.
12.7. The Parties have the right at any time to conclude this Agreement in the form of a written bilateral document.
13. PERFORMER'S DETAILS.
FOP Mavleeva Liliya Anisivna
TIN 2362024085
Place of registration: 02099, Kyiv, Sevastopolska st., 13
e-mail: studiyaabris@gmail.com
telephone: + 972 50 239 1822
