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This offer is addressed to any person (an indefinite number of persons) (hereinafter "the Customer") and is a public offer of the Contractor to conclude a contract for the provision of services, posted on the Internet and can be sent to the Customer's e-mail (hereinafter the Contract) under the following conditions:
1. DEFINITION OF TERMS.
For the purposes of this Agreement, the following terms are used:
1.1. Acceptance is full, unconditional and unconditional 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. The Customer is a person who has accepted the terms of this Agreement and becomes a Customer of the Contractor's services under the concluded agreement. The customer can be any capable natural person who has reached the age of 18, who intends to receive the services of the Contractor in the manner and under the conditions specified in this Agreement.
1.3. The executor is FOP Liliya Anisivna Mavleeva and persons (entities of business activity) who have the right to provide services (clause 1.3.1.) provided for in this Public Contract (offer). The name of the Contractor is indicated in the invoice or other documents for payment of Services.
1.3.1. Vyacheslav Hrymalskyi is the founder and owner of the Creatium site designer
1.4. Services are the Contractor's provision of limited access to the Contractor's Programs to the Customer by using closed-source software that provides encrypted voice and video communication over the Internet between computers (VoIP) using peering network technologies (SKYPE-consultations). Their list, terms of purchase and other conditions are posted on the website.
1.5. The program is a coherent set of online classes (webinars, trainings), electronic versions of audio and video recordings of classes, seminars, trainings, courses, phonograms, videograms, textual, audiovisual works, interconnected and structured on a certain topic, protected by intellectual property , access to which is provided through the Site or Web page for use by the Customer.
1.6. An online class (webinar, training) is a performance, lecture, speech that takes 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. The site is a collection of data, electronic (digital) information, other objects of copyright and (or) related rights, etc., interconnected and structured within the site address, which can be accessed through the specified Internet address.
1.8. A personal link is a personal record of the address of a site or its part (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 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 concluded between the Contractor, on the one hand, and the Customer, on the other, from the moment of Acceptance by the latter without exception of the terms and conditions of this Agreement.
2.3. In accordance with the procedure and conditions specified in 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. Acceptance by the Customer of the terms of this Agreement is an action that indicates agreement to comply with the terms of this Agreement.
2.5. The Customer accepts the Agreement after reading its terms and conditions posted on the Site by performing any of the following actions individually or collectively:
2.5.1. Completion by the Customer of an application for participation in the Program;
2.5.2. Payment of the service by the Customer in full;
2.5.3. Placing the corresponding mark "I have familiarized myself with the terms of this contract and I accept its terms".
2.6. The list and cost of providing Services is posted on the Site.
3. COST OF SERVICES AND CALCULATION 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 completing the Application for participation in the Program.
3.2. The Contractor has the right to unilaterally change the price of the Services until the moment of payment by publishing a new price on the Site.
3.3. The customer pays for services under the conditions 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 Services by the Contractor means familiarization and full agreement of the Customer with the terms of this Agreement.
3.6. Payment for Services is made by transferring funds to the Contractor's current account. The payment methods for the selected Service are specified on the Site or in the payment invoice, which is sent to the Customer after completing the Application for participation in the Program.
3.7. The service is considered paid from the moment funds are credited to the current account of the Contractor.
3.8. In case of payment of the Service in installments and failure to pay any part of the payment within the stipulated period, the Contractor has the right to deny the Customer access to the relevant Program without refund of the paid funds.
4. TERMS OF PROVISION OF SERVICES.
4.1. To receive the services of the Contractor, the Customer fills out a Purchase Application on the Site.
4.2. To confirm the Application, the Contractor sends the Customer an invoice for the payment of the Product, Services or selected Training Program by e-mail or in another way.
4.3. The Customer pays for the Product, Services, Program in one of the chosen 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 confirmation of payment, the Customer is sent an Electronic Product or 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 Personal Link, the Customer must contact the Contractor's support service by sending a letter to the email address:
4.6. An e-product or Personal Link is valid for one Customer who received the specified link. It is forbidden 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 Personal (Personal) account, as well as all actions that take place using the Personal (Personal) account, and undertakes to immediately notify the Contractor of any violation of the security of the Personal (Personal) office
4.9. To receive the Service, the Customer independently ensures compliance with the proper technical conditions of a personal computer or other mobile device.
4.10. The schedule of online classes (webinars, trainings) can be changed by the Contractor unilaterally by placing such information in one, but not exclusive, of the following ways: posting on the web page, sending a message to the Customer's email address, Skype, etc.
4.11. During participation in online classes (webinars, trainings), inciting international conflicts, humiliating other participants, the trainer, advertising, obscene expressions and other behavior that violates moral and ethical norms and requirements of current legislation is prohibited. The Contractor has the right to cancel the Customer's participation in online classes (webinars, trainings) without refund of the received payment, in case of violation of the above rules.
4.12. The use of information and materials received by the Customer (audio, video recordings, etc.) is allowed 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.) obtained as a result of receiving the Services to third parties.
4.14. The Contractor is not responsible for the impossibility of the Customer's participation 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. To receive from the Contractor information about the services provided, the terms of their provision by calling the telephone numbers indicated on the Site, or by sending a corresponding request to the e-mail address indicated on the Site, or through the feedback form.
5.3. Enter the 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 specified contract, upon agreement with the Contractor, one time postpone the receipt of the Service, the cost of which has been paid in full, to the next date of its provision, agreed by the Parties. In the event of such a transfer, a refund for the services provided is possible only in the case of providing services of inadequate quality.
5.5. The customer has all consumer rights 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 accordance with the terms and conditions stipulated in 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 equipment and communication channels providing access to the Site in good technical condition.
5.9. Independently and in a timely manner familiarize yourself with the information about the time, date, cost and conditions of the provision of Services, which is posted on the Site. The Customer does not have the right to present claims to the Contractor in case of untimely reading or not reading the information on the Site. The Customer assumes all responsibility for the consequences of late reading or not reading the information that he places on the Site by the Contractor.
5.10. Complete recommendations, homework, requirements, etc. Performer, outlined in the Program.
5.11. Provide the Contractor with up-to-date information on means of communication for sending informational materials, as well as for the Contractor's communication with the Customer within the framework of the provision of Services in accordance with this Agreement.
The customer is prohibited from:
5.12. They will record in any form (through audio-, video-recordings, downloading, screenshots, photography, and other methods of storing information) an online class (webinar, training) conducted as part of the provision of Services under this Agreement.
5.13. To record in any form (by audio, video recording, downloading, screenshots, photography and other methods of storing information) an online class (webinar, training), conducted as part of the provision of Services under this Agreement.
5.14. Distribute the materials received under the said Agreement by decoding (translating audio and video materials into text format) or translating into other languages.
5.15. To use the information and materials received under 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 their activities on the basis of the Contractor's Services.
5.18. Allow the dissemination of unreliable, false information, information that disgraces the honor, dignity, business reputation of the Performer, coaches and other persons, as well as information that incites and calls for international, ethnic, sexual, racial intolerance, enmity, war, changes in the state system of countries , information, the distribution of which is prohibited by the current legislation of Ukraine and the norms of international law, depending on the territory of service provision.
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 EXECUTIVE.
The executor has the right to:
6.1. Independently determine the forms and methods of providing 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 lesson (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 photograph, video, and audio record it and use them at its own discretion. The Customer has the right to give consent or refuse to perform these actions by the Contractor and may grant the Contractor the right to make them public by publishing them on the Site and in another way make them available to an indefinite circle of persons, distribute, reproduce, edit and otherwise use photos, audio and video recordings with images and (or) by the Customer's voice.
6.6. Independently involve third parties, including trainers, in the provision of services.
6.7. To receive from the Customer any information necessary to fulfill its obligations under the Agreement. In case of failure to provide information, incomplete or incorrect information, the Contractor has the right to suspend the provision of Services under the Agreement until the Customer provides such information.
6.8. Conduct questionnaires and surveys of the Customer. And in the case of the Customer's consent, distribute (publish or otherwise distribute) the results of the questionnaire (survey) and received feedback on the received Services in compliance with the requirements of the Ukrainian legislation on the protection of personal data.
6.9. Refuse to provide Services or limit the Contractor's access to the Program without refund of paid funds in the following cases:
6.9.1. Provision of inaccurate information by the Customer.
6.9.2. Non-compliance by the Customer with the payment terms and procedure in the event of payment in accordance with the procedure stipulated in clause 3.4 of the Agreement.
6.9.3. Violation by the Customer of clause 4.11, 4.12, 5.12-5.19 of the Agreement.
6.10. Mass mailing of informational messages (including advertising ones) to the Customer's e-mail address. At the same time, such messages must contain a link to opt out of the newsletter, 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 performer undertakes:
6.12. Provide Services of appropriate quality in the manner and under the conditions provided for in this Agreement.
6.13. Store the information and data (including personal data) received from the Customer in fulfillment of the terms of this Agreement.
6.14. Provide the Customer with information about the services provided and the terms of their provision.
6.15 Inform the Customer about a change in the procedure for providing Services (dates, broadcast schedules) by posting such information in one, but not only, ways: posting on a web page, sending a message to the Customer's email address, Skype, etc.
7. WARRANTIES AND INDEMNIFICATION 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, and abilities acquired by the Customer during the provision of Services.
7.2. The Contractor, while guaranteeing the quality of the Services, does not provide guarantees for the continuity, security, error-freeness and exact compliance of the Services with the Customer's expectations of the content of the Services and the results obtained by him.
7.3. Guaranteeing the successful application of acquired knowledge, abilities, skills, as well as obtaining by the Customer of the Services a certain profit (income) with their use (realization) in a certain or uncertain future, the Contractor is not responsible for not receiving profit (income), receiving profit (income) below the expectations of the Customer , as well as for the direct and indirect losses of the Customer, since the success of the Customer's use of the acquired knowledge, skills and abilities depends on many factors known and unknown to the Performer: purposefulness, diligence, perseverance, level of intellectual development, creative abilities and personal characteristics accepted by both Parties.
7.4. The executor carries out information activities and issues a certificate that confirms 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, 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 payment, and does not use other people's data (including personal data).
7.6. The Customer guarantees that it does not intend to carry out any actions that would interfere with the business reputation of the Contractor and/or third parties connected by contractual relations with the Contractor, or contradict the legislation of Ukraine, international norms and customs of business turnover; his actions are aimed at obtaining services and do not contain malicious intent, fraudulent intentions, attempts to gain 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. In the event that the quality of services for the Customer is inadequate 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 granted in accordance with the terms of the Agreement, to contact the Contractor with an Application for the return of the paid funds
7.9. The application for a refund specified in p. 7.8 of the Agreement, sent by the Customer to the following address
The Customer is responsible for the correctness of the data specified in the Application. The refund application must contain the following information:
7.9.1. Surname, first name, patronymic of the Customer;
7.9.2. Method, date and amount of payment for Services;
7.9.3. Reasons for which the Customer believes that services of inadequate quality have been provided;
7.9.4. Bank details for refund.
7.10. Provided that the Application for refund meets the requirements of paragraph 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. Refunds are made after deducting the commission of payment systems and to the card from which the payment was made.
7.11. If the application for refund does not contain the information specified in p. 7.9 of the Agreement or providing inaccurate information, the Contractor has the right to refuse the Customer a refund.
7.12. In case of violation by the Customer of clause 4.11, 4.12, 5.7, 5.12.-5.19 Contracts, funds paid by the Customer to the Contractor are not returned.
7.13. Any claims, statements sent by the Customer after the expiration of the period specified in clause 7.8 of the Agreement are not considered by the Contractor.
8. LIABILITY OF THE PARTIES.
8.1. In case of non-fulfilment or improper fulfillment of the obligations established by the Agreement, the Parties shall bear responsibility in accordance with the legislation of Ukraine and the provisions of the Agreement.
8.2. In case of non-fulfilment or improper fulfillment of the obligations established by the Agreement, the Parties shall bear responsibility in accordance with the legislation of Ukraine and the provisions of the Agreement.
8.2.1. Provision by the Customer of inaccurate information for the fulfillment of the terms of the Agreement, including, but not limited to, contact information (e-mail, Skype), as well as failure to provide information in the event of a change in previously provided information;
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 due to the actions of telecommunications operators, providers, the influence of computer viruses and/or other malicious programs due to the lack of the necessary 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 Customer's actions, as a result of which damage was caused to other Customers of the Contractor's services, and also is not responsible for the damage caused to the Customer as a result of the actions of other Service Customers.
8.5. The Contractor is not responsible for non-compliance of the content of the Service with the Customer's expectations and/or his subjective assessment. Such a discrepancy with expectations and/or a negative subjective assessment is not a reason to consider the services provided to be of poor quality or not in the agreed amount.
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 are considered through negotiations on the basis of conflict resolution with maximum consideration of the interests of the Customer and the Contractor.
8.9. In the event that the Parties cannot reach an agreement on disputed issues through negotiations, such disputes shall be referred to the court for consideration in accordance with the current legislation of Ukraine.
9. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)
9.1. The parties are released from responsibility for partial or complete non-fulfillment of any of the provisions of the Agreement, if this is the result of circumstances that occurred after the entry into force of the Agreement and are beyond the control of the non-performing party. Such causes include, but are not limited to, natural disasters, extreme weather conditions, fires, wars, strikes, hostilities, civil disturbances, acts of terrorism, disruptions in public telephone networks, electronic communication channels, and decisions by government agencies, etc. (hereinafter - force majeure). The period of exemption from liability begins from the moment of declaration of force majeure by the non-performing Party, which is confirmed by a relevant certificate certified by the Chamber of Commerce or other evidence. If the force majeure arose as a result of a decision of state authorities, the Parties believe that the text of such a decision is sufficient evidence of the occurrence of force majeure circumstances.
9.2. Circumstances of force majeure automatically extend the term of performance of obligations throughout its duration and liquidation of consequences. The Parties must inform each other immediately about the occurrence of force majeure circumstances. If these circumstances last for more than six months, each of the Parties will have the right to refuse further fulfillment of obligations under the Agreement, and in this case, none of the Parties will have the right to compensation for possible losses by the other Party.
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 gives the Contractor unequivocal 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, change, update, use and distribution (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 the database of personal data of the 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 or contractual relations.
10.4. All information that became known to the Customer in connection with the receipt of Services from the Contractor under this Agreement (in particular, access passwords to the Programs) is confidential information and trade secrets of the Contractor.
10.5. The Customer undertakes not to disclose and not to transfer the Contractor's confidential information and trade secrets for perusal 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 - Materials) are objects of intellectual property rights and are subject to protection.
11.2. Copyright and related rights to the Materials to which access is provided to the Customer belong to the Contractor. The Customer is granted only the right to use the Materials exclusively for personal non-commercial purposes.
11.3. Copying, reproduction, distribution, performance, public communication, demonstration, display, use, translation, processing, adaptation and any similar changes of the materials without the prior written consent of the Performer is prohibited in any way.
12. OTHER TERMS.
12.1. This Agreement enters into force from the moment of its conclusion, provided for in clause 2.5 of the Agreement and is valid until the Parties fully fulfill the terms of the Agreement.
12.2. This Agreement may be terminated before the expiration of its term by mutual agreement of the Parties or unilaterally in the cases provided for by this Agreement in compliance with the terms of this Agreement.
12.3. In cases not provided for in this Agreement, the Parties are governed by the current legislation of Ukraine.
12.4. The Parties confirm their complete and unambiguous understanding of the subject matter 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 shall apply to the relations between them on the basis of this Agreement.
12.7. The parties have the right at any time to conclude this contract in the form of a written bilateral document.
13. DETAILS OF THE PERFORMER.
FOP Liliya Anisivna Mavleeva
TIN 2362024085
Place of registration: 02099, m. Kyiv, str. Sevastopolska, 13
e-mail: studiyaabris@gmail.com
telephone: + 972 50 239 1822