Public Offer Agreement 

Public Offer

Public Offer Agreement on implementation of subscriber provision of training services

Kyiv, Ukraine
10th of January 2021

This Agreement, in which one party is individual entrepreneur Mykhalchyshyna Sofiia Leonidivna, an individual entrepreneur under Ukrainian law, registered in the United State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine (further – the Contractor), on the one hand, and any person who has accepted the offers of the Contractor (further – The Customer), on the other hand, hereinafter together – the Parties, entered into this public Agreement (further – The Agreement), which is the official public offer of the Contractor, addressed to an unlimited number of persons to enter into the Agreement with any Customer on the implementation of training and related services (further – Services) provided by http://karinalira.comWhen ordering and paying for the services of the Contractor (http://karinalira.com), the Customers accept the terms of this Agreement as follows:
1. GENERAL ISSUES1.1. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer for concluding the Agreement in full, without signing a written copy of the Agreement by the Parties.1.2. The contract has legal force in accordance with the Paragraphs 633, 641 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.1.3. The Customer confirms the fact of acquaintance and consent to all the terms of this Agreement in full by acceptance.1.4. Any of the following actions is considered acceptance of this public offer agreement:– the fact of the Contractor’s Service Order on the website http://karinalira.com;– payment for the Contractor’s Services on the terms and in the manner specified in this Agreement and on the relevant pages of the website http://karinalira.com;1.5. By concluding this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for Services, and all Annexes that are integral parts of the Agreement.1.6. By concluding this Agreement, the Customer automatically agrees to the processing (collection, storing, transferring to third parties) of the personal data provided to them in the process of concluding and executing the Agreement by the Personal Data Processing Policy dated December 10, 2021, the text of which is posted on the Internet at http://www.karinalira.com.1.7. By concluding this Agreement, the Customer automatically agrees to receive advertising mail from the Contractor to the e-mail address specified by him during conducting payment on the Contractor's Website. The term of consent is from the moment of acceptance of this Agreement until the moment of withdrawal of consent, which is sent to the e-mail address of the Contractor: moc.liamg%40arilanirak.erac or moc.liamg%40anihsihclahim.aifos1.8 By concluding this Agreement, the Customer automatically confirms reviewing and accepting of terms and conditions of the payment system https://wayforpay.com/, of services https://www.websiteplanet.com and https://softbook.app1.9. If the Customer does not agree with the terms of the Agreement, he/she has no right to act as specified in the Paragraph 1.4 of the Agreement and is not entitled to use the Services under this Agreement.2. TERMS AND DEFINITIONS“Public offer agreement” – a public agreement, which is posted on the relevant pages of the website http://karinalira.com“Acceptance” – full and unconditional consent given by the Customer to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties;“Services” – service or several services in the field of training which are specified in the Contractor’s website http://karinalira.com;“Customer” – any individual, entity, self-employed person (including a non-resident of Ukraine) who has visited the website http://karinalira.com and accepted this Agreement;“Contractor” –individual entrepreneur under Ukrainian law, providing services in training, as well as other training and related services which are specified in the relevant section of the Contractor’s website http://karinalira.com;“Order” – properly framed electronically on the website (or sent by email) the application of the Customer for receiving or/and payment of the services under the appropriate form of the Contractor, the payment of which is made on the details specified in Paragraph 14 of this Agreement."Website" - the official website of the Contractor, including all its subdomains, located on the Internet at the address: http://www.karinalira.com"Platform" is an automated system for conducting training in an interactive mode, used by the Contractor to provide services under the Agreement, exclusive rights to this automated system belong to a third party (https://softbook.app)." Webinar" - thematic training, which is held live online for several customers simultaneously. The Customer can listen to and (or) watch such training both in real-time format and(or) by watching a video recording of the Webinar if the Contractor provides a video recording.''Video lesson'' - a video that presents training material for a topic that is to be learned and which is loaded on the Platform to the remote study of the Customer with help of the Internet and multimedia systems."Methodical materials" — a set of templates, checklists, documents, and files in any formats designed or used by the Contractor to provide the Services under the Agreement. "Training materials" — video lessons, the Webinar recordings, and the Methodical materials used by the Contractor in the process of providing services under the Agreement."Course" - a training service, in the process of providing which the Contractor provides the Customer with a set of the Methodical materials, the Video lessonі united by a single topic and services.
3. SUBJECT OF THE AGREEMENT3.1. The Contractor undertakes to provide the Customer with training services, which are specified on the Contractor’s website (http://www.karinalira.com) indicating the fee, 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 Customer and the Contractor confirm that this Agreement is not a fictitious or putative deal effected under the influence of pressure or fraud.
4. RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR4.1. The Contractor is obliged to:– organize and ensure the proper provision of the Services prior to the Agreement;– fully and objectively inform the Customer about the Services and the terms of their provision at the official website http://www.karinalira.com;– provide the Customer with Services described at the official website http://www.karinalira.com; – fulfill conscientiously and in full the terms of this Agreement on the provision of Services to the Customer.4.2 The Contractor has the right to:– unilaterally determine the value of any services provided and change the terms of this Agreement;- don't check homework and not give feedback for the homework of the Course to the Customer who purchased the tariff Premium but didn't send the required Course homework to the Contractor for review till the 1st of October 2022;– change the Offer, as mentioned in the Paragraph 9.3 of this Agreement;– publish and spread information about the progress, manner, and results of the Customer’s Services;– other rights in accordance with this Agreement and the current legislation of Ukraine.
5. RIGHTS AND RESPONSIBILITIES OF THE CUSTOMER5.1. The Customer is obliged to:– read the full details and terms of payment and provision of Services under this Agreement, which is available on the Contractor ‘s official website;– accept from the Contractor the Services offered by the terms of the Agreement;– receive and pay the order on the terms of this Agreement;– independently configure the software, hardware and provide stable the Internet connection of your personal computer in such a way as to be able to use without hindrance all https://softbook.app, WhatsApp Messenger, and other services used during the provision of the Services;– from the moment of payment for the Services, check the e-mail box mentioned during registration on the Platform, including the "Spam" folder, for receiving messages from the Contractor. In case the message sent by the Contractor gets to the "Spam" folder, it is considered as received by the Customer, regardless of whether the Customer has read it.5.2. The Customer has the right to:– place an order for the Services listed on the website http://www.karinalira.com;– require the Contractor to provide the Services in accordance with the terms of this Agreement;– request a refund of money within 2 (two) weeks of the Customer payment of the Services or within 7 (seven) calendar days of the official start of the Course in case the Customer had paid the Services two or more weeks before the official start of the Course;– other rights in accordance with the current legislation of Ukraine and this Agreement.5.3. The Customer has no the right to:– bypass technical restrictions set on the Platform or the Website;– download the Video lessons from the Platform;– create copies of the Website, Intellectual Property, any materials to which the Customer has access in accordance with the Agreement, as well as copy their external design;– Provide third parties with access to the Course, the personal account of the Platforms and any materials accessed by the Customer in accordance with the Agreement;– Copy the Course, distribute it, give to third parties partially or fully the materials and content of the Course, namely the Video-lessons, the Methodical materials, records of the Webinars.
6. ORDERING PROCEDURE6.1. The Customer makes an order on the relevant section of the Website by filling out the necessary fields of the form, presses the button “Pay” and receives confirmation about successful completion.6.2. The term of the Order processing by the Contractor depending on the type of the Service, is from 1 to 5 business days from the date of its purchasing on the official website of the Contractor http://www.karinalira.com
7. AGREEMENT PRICE AND PAYMENT ISSUES7.1. The price of each separate Service is determined by the Contractor and indicated on the relevant section of the website http://www.karinalira.com The Price of the Agreement (the value of the Order) is determined by adding the prices of all Services chosen by the Customer.7.2. Payment for Services is made by:– transfer of non-cash to the Contractor`s bank account;– payment by a card of any bank via the official payment system Wayforpay (https://wayforpay.com).7.4. The moment of payment for the Services is considered to be the time of crediting funds to the current account of the Contractor.7.5. The Customer pays the cost of third-party services independently and at its own expense, if it is necessary to receive the Contractor’s Services under this Agreement (for example, the bank’s commission, internet access, and others).
8. PROCEDURE FOR RECEIVING SERVICES. PROCEDURE OF ACCEPTANCE-TRANSFER OF THE SERVICES PROVIDED8.1 All issues arising in the process of paying for and receiving the Services, the Customer can find out from the Contractor using the contact information in Paragraph 14 of this Agreement or via e-mail: moc.liamg%40arilanirak.erac8.2. The fact of receipt of the Services by the Customer after the payment is confirmed by providing the Customer 3 months of access to the Platform with the Video lessons and the Methodical materials.8.3. In case of disagreement, the Customer may send his written objections or scan copy in .pdf format with the obligatory indication of the reason for the return of money within two weeks of the Services payment or within 7(seven) calendar days from the official start of the Course in case the Customer had paid the Services two or more weeks before the official start of the Course.After approval of the application with the Contractor, the money in a certain amount, within 5 (five) working days, is transferred to the card or the bank account of an individual, from which the fee of the Service was received.From the amount of funds to be returned to the Customer on his written application, the Contractor withholds 10 (ten) percent of the amount to cover the Customer data processing costs and consideration of the refund application.
9. DURATION AND CHANGE OF THE TERMS OF THE AGREEMENT9.1. The Contractor begins to provide Services according to this Agreement on the date of the start of the Service.9.2. The Agreement is valid for a period of at least the normative period of the Customer’s Service and comes into force from the moment of payment and is valid until the Customer receives the Services and the full calculation.9.3. The Contractor independently, in accordance with the requirements of the current legislation of Ukraine, determines the terms of the Agreement and its annexes, which are its integral parts.9.4. The Contractor has the right to amend and/or supplement the terms of this public Agreement and its annexes, including the rules for providing and receiving Services, or withdraw the Offer at any time. If the Contractor makes the changes to the Agreement, such changes will come into force from the moment these changes are posted on the official website of the Contractor, if a different date for the changes is not set.9.5. If the order for the provision of educational services is not paid in full by the Customer within 3 (three) banking days, the Agreement may be terminated unilaterally by the Contractor, without notifying the Customer.
10. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES10.1. 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.10.2. All disputes arising out of or in connection with this Agreement shall be settled by negotiation between the Parties.10.3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction of such dispute in accordance with the legislation in force in Ukraine.10.4. The Contractor shall not be liable for the content and veracity of the information provided by the Customer. The Customer is responsible for the veracity of the information specified in the order.10.5. The Contractor shall not be liable for breaking the terms of the Agreement if the Customer provides inaccurate and/ or incomplete information about himself at the order, including contact information (e-mail, phone, etc.), and in case of failure to provide the Customer with new contact information (e-mail, phone).10.6. The Contractor shall not be liable for any failure to provide or improper provision of Services to the Customer in the event of any circumstances that arose through no fault of the Contractor (namely – the occurrence of circumstances caused by the fault or negligence of the Customer and/or circumstances that arose due to the fault or negligence of any third party (any third parties) and/or the occurrence of force majeure).10.7. The Customer's claims regarding the provision of services are accepted by the Contractor for consideration by e-mail. All claims are sent by the Customer from the e-mail address specified by him during the payment procedure on the Website to the Contractor's e-mail address: moc.liamg%40anihsihclahim.aifos or moc.liamg%40arilanirak.erac 10.9. The Party that received the claim must respond to it within ten calendar days from the day of receipt.10.10. The pre-trial claim settlement procedure is mandatory for the Parties.
11. Consent to personal data collection and processing11.1. The Customer voluntarily consents to the processing of their personal data and confirms that he/she is properly informed of his/her rights under the Article 8 of the Law of Ukraine “Personal Data Protection”, and the Customer is informed of the purpose of personal data processing under the Privacy Policy published on the Contractor ‘s website http://www.karinalira.com.11.2. Any personal data is processed and transferred in accordance with the requirements of the current Ukrainian data protection legislation. The Contractor ensures that the transfer and personal data processing are implemented according to the requirements of this Agreement, within the limits of the Law of Ukraine “Personal Data Protection”.
12. FORCE MAJOR CIRCUMSTANCES12.1. Force majeure in this Agreement means any circumstances that arose against the will or against the will or desire of the Parties and which cannot be foreseen or avoided, including civil disorders, epidemics, blockade, earthquakes, floods, fires, as well as decisions or instructions of the state authorities and administration of the state of which the Customer is a resident, or of the state of which the Contractor is a resident, as a result of which the Parties (or one of the Parties) are subject to additional obligations or restrictions and which make it impossible for the further full or partial fulfillment of the Agreement, as well as other actions or events that exist beyond the will of the Parties.12.2. If force majeure lasts more than 3 (three) months in a row, each Party will have the right to refuse further performance of obligations under this Agreement and, in this case, neither Party will be entitled to compensation by the other Party for potential losses.12.3. The Party that cannot fulfill obligations under the Agreement must timely, but no later than 5 (five) days after the occurrence of force majeure circumstances, inform the other Party.12.4 Failure to report or untimely notification of the occurrence of force majeure circumstances deprives the Party of the right to refer to them.
13. FINAL ISSUES13.1. This Agreement is an accession agreement in accordance with the Paragraphs 634, 642 of the Civil Code of Ukraine and its terms are the same for all Customers. The Customer enters into the Agreement voluntarily:– fully acquainted with the terms of the Offer;– fully understands the subject of the Offer and conditions of the Agreement;– fully understands the meaning and consequences of their actions concerning the conclusion and execution of the Agreement.13.2. By accepting the Agreement, the Customer voluntarily consents to the collection and processing of its own personal data for the following purposes of providing the Services, as well as the provision of other related services. The Contractor ensures that the transfer and personal data processing are implemented according to the requirements of this Agreement, within the limits of the Law of Ukraine “Personal Data Protection”.13.3. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to conclude and execute this Agreement in accordance with its terms.13.4. A unilateral change in the terms of the concluded Agreement by the Customer or refusal to comply with the terms of the concluded Agreement by the Customer is unacceptable, except for the cases provided for in this Agreement. Neither of the Parties of this Agreement shall have the right to transfer their rights and obligations to third parties without the consent of the other Party.13.5. The Parties undertake to keep confidential information obtained as a result of this Agreement implementation, except in cases where it is authorized in writing by the other Party or required by public authorities in accordance with current legislation. The guilty Party shall be liable for the disclosure of confidential information in accordance with current legislation.13.6. Exclusive and personal non-property rights to the Website and any results of intellectual activity posted on the Website, as well as all the Video-lessons and the Methodical materials accessed by the Customer during the getting of the Services of the Agreement, belong to the Contractor (or third parties who granted the Contractor the right to use them) and they are protected by the current legislation of Ukraine.13.7. Any information accessed by the Customer in connection with the getting of the Services under the Agreement may not be copied, transferred to third parties, reproduced, distributed, forwarded, published in electronic, paper, or another form without additional agreements or official written agreement of the Contractor.13.8. If the Customer violates Paragraphs 5.3., 13.7 of the Agreement or/and Community Guidelines which are mentioned in Annex 1 to this Agreement, the Agreement may be terminated unilaterally by the Contractor, with notifying the Customer during 3 calendar days via e-mail. In this case payment for the Services is not refundable and gets from the Customer as a fine for violating the Agreement.13.9. On all issues not regulated by the Agreement, the Parties are guided by the laws of Ukraine.13.10. This Agreement is agreed upon by the Customer and is done at the location of the Contractor from the date of the acceptance.13.11. The Agreement is valid in the territory of the whole world.
14. CONTRACTOR’S DETAILS TO PAY FOR SERVICESIndividual Entrepreneur Mykhalchyshyna Sofiia LeonidivnaCode of the USREOU - 3253101603Account No.UA283220010000026005320006104 in PJSC UNIVERSAL BANK, KYIV, UKRAINEthe Bank's MFO: 322001Single taxpayer of the third group from the 1st of July 2019.Address: 14-E, boulevard Koltsova, flat №140Kyiv, Ukraine, 03194e-mail address: moc.liamg%40anihsihclahim.aifos  Annex 1To Public Offer Agreementon implementation of subscriber provision of training services from the 10th of January 2021Kyiv, Ukraine
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