Public agreement (public offer agreement) for the provision of information and consulting services
This Public Offer Agreement (hereinafter referred to as the Agreement) is an official public offer of the Contractor addressed to an unlimited number of persons to conclude an agreement with any Customer for the provision of information and consulting services (trainings) on the terms and conditions specified below.
1. General provisions
1.1. This Agreement shall be concluded by giving the full and unconditional consent (acceptance) of the Customer to enter into the Agreement in full, without signing a written copy of the Agreement by the Parties. The Agreement shall be legally binding in accordance with Art. Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
1.2. The Customer confirms the fact of familiarization and agreement with all the terms of this Agreement in full by acceptance.
1.3. Any of the following actions shall be deemed full and unconditional acceptance of this public offer agreement:
the fact of registration for the Customer’s training on the Contractor’s Website by filling out an Application for training on the Contractor’s website https://interfamily.com.ua/;
payment for the Contractor’s Services under the terms and conditions and in the manner specified in this Agreement and on the relevant pages of the Contractor’s Website https://interfamily.com.ua/;
1.4. By entering into this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for the Services and all annexes that are integral parts of the Agreement.
1.5. If the Customer does not agree to the terms of the Agreement, he/she shall not be entitled to enter into this Agreement and shall not be entitled to use the Services under this Agreement.
2. 2. Terms and Definitions
2.1. “Public Offer Agreement” means a public agreement, a sample of which is available on the Website https://interfamily.com.ua/.
2.2. “Acceptance” means the Customer’s full and unconditional consent to the conclusion of this Agreement in full, without signing a written copy of the Agreement by the Parties, by performing the actions specified in clause. 1.3. of this Agreement.
2.3. “Services” means information and consulting services (namely, trainings, etc.) provided by the Contractor and specified by the Contractor in the relevant section of the Contractor’s Website https://interfamily.com.ua/.
2.4. “Customer” means any legally capable individual, legal entity, individual entrepreneur who has visited the Website https://interfamily.com.ua/ and accepted this Agreement.
2.5. “Contractor” means a business entity, individual entrepreneur providing services in the field of informatization and whose details are specified in Section 12 of this Agreement.
2.6. “Order” means a duly executed application of the Customer for the Services addressed to the Contractor.
3. Subject of the Agreement
3.1. The Contractor undertakes to provide the Customer with the Services on the terms and in the manner specified in this Agreement, and the Customer undertakes to accept and pay for the ordered Services on the terms and in the manner specified in this Agreement.
3.2. The Contractor shall post complete and accurate information on the relevant section of the website https://interfamily.com.ua/:
a) the program and scope of services provided during each training;
b) names of documents issued to participants and conditions for obtaining them;
c) the current cost of participation in the training.
3.3. The Customer chooses any training or several trainings from the Contractor’s list at its sole discretion.
3.4. Methods of providing services by the Contractor:
3.4.1. In person, at the address to be provided by the Contractor additionally;
3.4.2. Remotely, by providing online access (with the provision of a corresponding link to the address of the web page on the Internet or in any other way determined by the Contractor).
4. Rights and obligations of the contractor
4.1. The contractor is obliged to:
fulfill the terms of this Agreement;
provide the Customer with the Services of proper quality;
objectively inform the Customer about the Services and the terms of their provision on the Website https://interfamily.com.ua/.
provide the Customer, who has made payment under the terms of this Agreement, with access to the relevant training and ensure the implementation of the specified training program.
Based on the results of the provision of the relevant Service, issue certificates to the Customer confirming the completion of the relevant training or training course.
4.2. The Contractor has the right to:
a) at its sole discretion, engage third parties to provide services under this Agreement;
b) unilaterally suspend the provision of services under this Agreement in case of violation by the Customer of the terms of this Agreement;
c) to deprive the Customer of the right to attend the training in case of violation of public order norms, norms and rules of stay in the premises where the training is held, or if the Customer prevents the Contractor or its representatives from conducting the training by his/her behavior;
d) not to allow persons who are intoxicated or under the influence of drugs or toxic substances, with obvious signs of illness, etc. to participate in trainings;
e) use any information about the training for marketing purposes;
f) other rights in accordance with the current legislation of Ukraine and this Agreement.
5. Rights and obligations of the Customer
5.1. The customer is obliged:
a) pay for participation in the relevant training in a timely manner;
b) provide the Contractor with complete and accurate information about the person registering for the training;
c) be present on the specified dates and times in the city of the relevant training in person or ensure the presence of a person registered for participation, and in the case of online training, perform all actions and conditions necessary to join the relevant broadcast or videoconference;
d) comply with the regulations for conducting the relevant training established by the Contractor
5.2. The customer has the right to:
a) familiarize yourself with the full list of available trainings and the conditions of their conduct, which are indicated on the Contractor’s website https://interfamily.com.ua/;
b) in case of any questions, get advice from the Contractor by phone or e-mail to clarify any conditions for conducting trainings, the procedure for making payments, etc;
c) place an Order for the Services specified on the corresponding page of the Website https://interfamily.com.ua/;
d) require the Contractor to provide the Services in accordance with the terms of this Agreement;
e) other rights in accordance with the current legislation of Ukraine and this Agreement.
6. Procedure and Terms of Service by the Customer
6.1. The Customer chooses a training on the Contractor’s website at its own discretion and registers for participation in the selected training by clicking the button to register for the training. The Customer has the right to simultaneously select and pay for participation in an unlimited number of trainings of the Contractor. The Customer also has the opportunity to select a training and register for it by phone, using the numbers indicated on the relevant page of the Website https://interfamily.com.ua/.
6.2. In the training registration window, the Customer checks that the name of the selected training, the date of the training, and the amount to be paid are correct. The Customer shall be responsible for the erroneous ordering.
6.3. After checking the accuracy of the data, the Customer fills in all the fields of the training registration form, indicating the full name, contact phone number and e-mail address of the person registering for this training.
6.4. After filling in all the fields of the training registration form, the Customer can immediately pay for participation in the training using VISA or MasterCard payment cards or leave a request for further agreement on the payment terms with the Contractor’s administrator.
6.5. The cost of participation in the training specified at the time of ordering is valid only until the date specified on the page of this training on the website https://interfamily.com.ua/. Payment for participation in the training is made by the Customer at the current cost, which is valid on the date of actual payment.
6.6. The personal data of the Customer (surname, name and patronymic) or the person specified by the Customer will be used by the Contractor to draw up the relevant certificate, which will be provided to the Customer in case of successful completion of the relevant training. The Contractor shall not be liable for the personal data specified by the Customer and shall indicate them in the certificate and other documents in the form in which they were entered by the Customer during registration. If it is necessary to make changes to the data specified during registration, the Customer (or the person whose data is specified by the Customer) may notify the Contractor only before the start of the relevant training, otherwise, including if it is necessary to re-issue the certificate or issue an additional certificate in another language, the Customer shall compensate the Contractor for the cost of issuing a new certificate.
7. Contract price, payment and refund procedure
7.1. The price of each individual Service (training, etc.) is determined by the Contractor and is indicated on the relevant page of the Website https://interfamily.com.ua/. The price of the Agreement (the cost of the Order) is determined by adding the prices of all Services selected by the Customer.
7.2. The Customer shall pay for the Contractor’s Services on the basis of this Agreement in the national currency of Ukraine – hryvnia.
7.3. Payment for the Services is made by:
7.3.1. transfer of funds to the current account of the Contractor or
7.3.2. using other payment methods specified on the Contractor’s Website.
7.4. The moment of payment for the Services is the time of crediting funds to the Contractor’s account.
7.5. The Customer shall pay for the Contractor’s Services on the terms of full prepayment.
7.6. The Customer shall independently and at its own expense pay the cost of third-party services, if necessary to receive the Contractor’s Services under this Agreement (for example, Internet access services and others).
7.7. The funds paid by the Customer for participation in the training shall not be refunded in case of failure of the registered person to appear on the relevant dates and times for any reason other than those specified in clause. 7.8 of this Agreement.
7.8. It is allowed to refund to the Customer a part of the funds for participation in the training only in case of illness or other sudden health disorder of the person registered for participation on the day of the training, which the Customer must notify the Contractor no later than 1 (one) day before the date of the relevant training. Subsequently, the fact of an illness or accident must be confirmed by a certificate of the established form issued by a state, departmental or private medical institution, which the Customer must provide to the Contractor no later than 1 month after the date of the relevant training together with a request for a refund. In this case, the Contractor shall withhold 20% of the cost of participation in the training paid by the Customer and shall refund the remaining funds paid by the Customer within one (1) month of receipt of the relevant application for a refund from the Customer.
7.9. The Customer has the right to replace the person registered for the training. To do this, the Customer shall notify the Contractor no later than 1 week before the start of the relevant training. The replacement procedure shall be agreed with the Contractor’s representative separately in each case.
7.10. In case of impossibility to attend the training, the Customer also has the right to replace the selected training, but such replacement is possible no later than 1 week before the date of the purchased training. The Customer’s registration for another training is carried out only if there are free places. In this case, the Customer has the right to choose a replacement training, the cost of participation in which is less than or equal to the amount paid by the Customer, or to make an additional payment up to the full actual cost of the desired training. The replacement procedure shall be agreed with the Contractor’s representative separately in each case.
7.11. In case of cancellation of the training selected by the Customer or postponement of the date of its conduct, the Customer has the right to a refund of the paid funds or to replace the training or the registered person under the terms of clauses. 7.8-7.10 of this Agreement.
8. Procedure for acceptance and transfer of services rendered
8.1. If the Customer is an individual, a written acceptance certificate is not required, and if the Customer has no claims to the scope and quality of the Services, the Services shall be deemed accepted by the Customer in full without objection. The Customer shall send the specified claims to the quality or scope of the Services provided to the Contractor in writing within 2 days from the date of actual completion of the Services by the Contractor. Claims received by the Customer after this period shall not be accepted or considered by the Customer.
8.2. The fact of receipt of the Services by the Customer – a legal entity shall be confirmed by the Acceptance Certificate of the Services rendered (hereinafter referred to as the Certificate), which shall be signed by the Parties (or signed by the Contractor unilaterally in cases provided for by this Agreement). The Contractor shall send the Customer a signed invoice and the signed Act in 2 copies by mail (previously, an electronic copy of the invoice and the Act may be sent by e-mail or fax). Within 3 (three) business days from the date of receipt of the Act, the Customer shall sign it and send the 2nd copy of the Act to the Contractor by mail, and in case of disagreement with the signing of the Act, submit its written objections. If within 1 (one) month from the date of sending the Act to the Customer, the 2nd copy of the Act signed by the Customer or written objections to the signing of the Act are not received at the mailing address of the Contractor, the Contractor shall sign the Act of Acceptance and Transfer of Services unilaterally.
9. Liability of the parties and dispute resolution
9.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the parties shall be liable in accordance with the current legislation of Ukraine.
9.2. All disputes arising out of or related to this Agreement shall be resolved through negotiations between the Parties.
9.3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction and jurisdiction of such dispute in accordance with the legislation in force in Ukraine.
9.4. The Contractor shall not be liable for the failure to provide or improper provision of the Services to the Customer in the event of any circumstances that have arisen through no fault of the Contractor (namely, the occurrence of circumstances that have arisen through the fault or negligence of the Customer and/or the occurrence of circumstances that have arisen through the fault or negligence of any third party (any third parties) and/or the occurrence of force majeure).
9.5. Under the terms of this Agreement, the aggregate amount of the Contractor’s liability under this Agreement shall not exceed 10% of the price paid by the Customer in any case.
10. Force majeure circumstances
10.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of the obligations under this Agreement if it arose as a result of force majeure.
10.2. Force majeure in this Agreement means any circumstances that arose beyond the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including military actions, civil unrest, epidemics, blockade, earthquakes, floods, fires, as well as decisions or orders of public authorities and governments of the state where the Customer is a resident or the state where the Contractor is a resident, as a result of which additional obligations are imposed on the Parties (or one of the Parties) or additional restrictions are imposed and which make further full or partial performance of the Agreement impossible, as well as other actions or events that exist beyond the will of the Parties.
10.3. If the force majeure circumstances last for more than three (3) consecutive months, each of the Parties shall have the right to refuse further performance of obligations under this Agreement and, in this case, neither Party shall be entitled to compensation for possible losses by the other Party.
11. Other terms of the agreement
11.1. Each Party warrants to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to enter into and perform this Agreement in accordance with its terms.
11.2. Unilateral change of the terms of the Agreement by the Customer or refusal to fulfill the terms of the Agreement by the Customer shall be unacceptable, except as provided herein. Neither Party to this Agreement shall have the right to transfer its rights and obligations to third parties without the consent of the other Party.
11.3. The Contractor confirms that he/she is a single tax payer (group 3) at the rate stipulated by the Tax Code of Ukraine.
11.4. The information provided by the Customer is confidential. Information about the Customer is used solely for the purpose of fulfilling his Order.
11.5. By accepting the Agreement, the Customer voluntarily agrees to the collection and processing of their personal data in order to provide the services provided for in this Agreement, including for sending advertising and special offers, information about promotions or any other information about the activities of the Contractor by telecommunication means (e-mail, mobile communication). In case of unwillingness to receive information about the Contractor’s activities, the Customer shall have the right to contact the Contractor by notifying of the refusal to receive advertising materials and sending it to the Contractor’s postal or e-mail address.
11.6. The Contractor shall not be responsible for the content and accuracy of the information provided by the Customer during registration. The Customer is responsible for the accuracy of the information provided during registration.
11.7. By accepting this Agreement, the Customer confirms that his/her health or the health of the person indicated by him/her during registration allows him/her to receive the Services selected by him/her (participate in trainings). In any case, the Contractor shall not be liable for the health status of the Customer or the person specified by the Customer during registration, as well as for any possible deterioration thereof during or after the relevant training.
11.8. The Customer is granted the right to use the Contractor’s Services exclusively in its internal activities without the right to alienate or transfer them in favor of third parties.
11.9. The Parties undertake to keep confidential information obtained as a result of the performance of this Agreement, except as otherwise authorized in writing by the other Party or required by governmental authorities in accordance with applicable law. The guilty Party shall be liable for disclosure of confidential information in accordance with applicable law.
11.10. The Agreement shall be public and indefinite and shall remain in force until terminated by either Party in accordance with the procedure established by this Agreement or applicable law, but in any event until its final execution by the Parties. This Agreement shall be deemed to be approved by the Customer and concluded at the location of the Contractor from the date of acceptance.
11.11. The Contractor shall independently determine the terms of this Agreement and its annexes, which shall be its integral parts, in accordance with and pursuant to the requirements of the current legislation of Ukraine. The Contractor shall have the right to independently amend and/or supplement the terms of this public Agreement and its annexes, including the rules for the provision and receipt of Services under this Agreement. In doing so, the Contractor warrants and confirms that the current version of the text of this Agreement and its annexes, including the rules for providing and receiving the Services under this Agreement, posted on the Contractor’s Website is valid.
11.12. The Customer and the Contractor confirm that this Agreement is not a fictitious or sham transaction or a transaction concluded under the influence of pressure or fraud.
