The following text, addressed to an unlimited number of individuals, is an official public proposal from FOP Sholomko Artem Vadymovych, TIN code 3414807318, registered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations (hereinafter "the Contractor"), to enter into an Agreement. provision of consulting services on the following terms:
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement and the original or related relations of the Parties, the following definitions shall apply:
1.1.1. The Client is a natural person with full civil capacity who has applied to the Contractor for consulting services in accordance with the procedure established by this Agreement and has accepted the Public Offer of the Contractor set forth in this Agreement.
1.1.2. Executor - FOP Sholomko Artem Vadymovych, who received permission from the Clients to place personal / personal data at https://tori-shoko.com/course, in the manner prescribed by the terms of the Rules of information services.
1.1.3. Services - a set of Services provided by the Contractor in the manner and under the conditions specified in this Agreement. The full list of Services that may be provided by the Contractor is determined in accordance with the data of the Contractor's Price List, located at https://tori-shoko.com/course.
1.1.4. The Parties are the common designation used in the Agreement to denote the Client and the Contractor.
1.1.5. The Contractor's website is a web page on the Internet at https://tori-shoko.com/course, which is the official source of informing Clients about the Contractor and the Services provided by him.
1.1.6. Public offer - a proposal of the Contractor (posted on the Site of the Contractor), addressed to an unlimited number of persons in accordance with the legislation of Ukraine on the conclusion of this Agreement under certain conditions.
1.1.7. Acceptance is a legally significant action, the result of which is the full, unconditional and unconditional acceptance by the Client of the terms of the Public Offer of this Agreement. Acceptance is carried out by filling out the form and paying for the services selected by the Client.
2. SUBJECT OF THE AGREEMENT
2.1. This Public Offer Agreement for the provision of services is a public agreement (hereinafter - the Agreement), within the meaning of Article 633 of the Civil Code of Ukraine, which is concluded between the Contractor, on the one hand, and the Client, on the other hand, from the moment of Acceptance. terms and conditions of this Agreement.
2.2. In the manner and under the conditions specified in this Agreement, the Contractor undertakes to provide the Client with the Services, and the Client undertakes to accept and pay for these Services at the prices specified in the Contractor's Price List at https://tori-shoko.com/course .
2.3. Services are provided on the basis of this Agreement. The actions that indicate the agreement to comply with the terms of this Agreement and the Rules for the provision of services are the Client's acceptance by filling in and paying for the selected services on the website https://tori-shoko.com/course.
2.4. The list, conditions and procedure for providing the Services are determined by this Agreement.
2.5. Services are provided only after the Client accepts this Agreement by filling out a form with their personal data, confirming the fact of full and unconditional acceptance by the Client of the Agreement, all its terms, without any restrictions in accordance with Art. 642 of the Civil Code of Ukraine, and payment for services.
2.6. The Agreement concluded by the Client with the help of the Acceptance has legal force in accordance with Art. 642 of the Civil Code of Ukraine and is an equilibrium agreement signed by the Parties. After the Acceptance, it is considered that the Client has read and without objections on his part agrees to the terms of this public offer.
2.8. The contract is considered concluded (the offer is considered accepted) from the moment of implementation of any of the following actions: - payment (including partial) by the Customer or another person of the cost of the Contractor's services; - implementation by the Customer of any action aimed at accepting the offer to enter into this Agreement or the actual use of services under this Agreement.
2.9. By accepting this Agreement, the Customer confirms the fact of acquaintance, consent and acceptance of all terms of this Agreement as a whole (in full without exceptions.)
3. TERMS OF PROVISION OF SERVICES
3.1. Services under this Agreement are provided by the Contractor or persons involved by conducting online classes in real time or in recording, according to the course chosen by the Customer, and / or providing the Customer with access to educational and informational online materials.
3.2. After accepting this Agreement, the Customer is provided with access to the online platform / service, where links to online classes and / or educational and informational online materials (videos, texts, etc.) will be posted throughout the course. The Contractor may send a recording of online classes (after they are held), and / or training and informational online materials (video, text, etc.) to the e-mail address or other messenger of the Customer, at his request.
3.3. In case of impossibility to conduct online classes in the previously determined terms, for reasons beyond the control of the Contractor may postpone the date of their holding by notifying the Customer by posting information on the Contractor's website at the link: https://tori-shoko.com/course
3.4. Services under this Agreement are considered to be provided by the Contractor: - for online classes in real time - from the end of the online class (regardless of whether the Customer took part in it); - on providing access to records, educational and informational online materials (video, text, etc.) - from the moment of implementation by the Contractor of the technical possibility of access to records or materials (regardless of whether they were used by the Customer).
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The client has the right to:
4.1.1. Receive the Services in the amount and on the terms stipulated by this Agreement and in accordance with the Rules for the provision of services.
4.1.2. Receive the necessary and reliable information about the Contractor, his activities, the scope of services provided by him.
4.1.3. While consuming the Services, receive assistance (advice) from the Contractor.
4.1.4. Inform the Contractor about his wishes, proposals, comments on the activities of the Contractor and the Services provided under the Agreement.
4.1.5. Contact the Contractor in writing with suggestions for improving the process of providing Services and promotional offers.
4.2. THE CLIENT UNDERTAKES:
4.2.1. When applying to the Contractor for the provision of Services, accept the Acceptance of this Agreement by filling out the form on the website https://tori-shoko.com/course.
4.2.2. Provide the Contractor with reliable information on personal data to identify the Client.
4.2.3. Do not allow the use of the Services of third parties, unless otherwise expressly provided by the provisions of this Agreement and the Terms of Service
4.2.4. Strictly comply with the requirements of this Agreement and the Rules for the provision of services.
4.2.5. Accept and pay for the Services provided by the Contractor in the manner and under the conditions specified in this Agreement.
4.3. THE CONTRACTOR HAS THE RIGHT:
4.3.1. Require the Client to comply with the terms of this Agreement and the Terms of Service.
4.3.2. Receive timely and full payment from the Client for the provided Services.
4.3.3. Unilaterally refuse to perform this Agreement or suspend its implementation if there are grounds to believe that the provision of Services may harm the Customer or cause other adverse consequences for himself or third parties, which will be considered impossible to perform this Agreement due to the Client and will not -what is the responsibility of the Contractor.
4.3.4. Establish and cancel various discounts, marketing promotions, benefits, establish discount programs, loyalty programs, etc. without the consent of the Client.
4.3.5. In order to safely and effectively provide the Services, require the Client to provide any information and documents related to the provision of services under this Agreement.
4.2.6. Refuse the Client to provide Services under the Agreement in case the Client finds a violation of the terms of this Agreement and / or the Rules for the provision of services.
4.2.7. Suspend the provision of Services to the Client for the period of verification of the Client's compliance with the terms of the Agreement and the Terms of Service, in case of reasonable doubt in the proper performance of the Client and / or reasonable suspicion of violating the terms of the Agreement and the Terms of Service.
4.4. THE CONTRACTOR UNDERTAKES:
4.4.1. Provide the Client with the opportunity to receive the Services in accordance with this Agreement and the Rules for the provision of services.
4.4.3. Provide the Client with the opportunity to obtain information on the provision of Services.
4.4.4. To inform the Client about all promotions, discounts, changes in the terms of the Agreement, changes in the Contractor's mode of operation, implementation or cancellation of loyalty programs, etc. by posting such information on the Contractor's Website.
4.4.5. In case of violation by the Client of the Rules for the provision of services and / or the terms of this Agreement, take all possible measures to terminate this violation.
4.4.6. To accept for consideration the Client's written proposals on the improvement and quality of the provision of Services and Promotional Offers.
4.5. The list of rights and obligations of the Parties defined in this section of the Agreement is not exhaustive. The Parties have other rights and obligations under this Agreement and the current legislation of Ukraine.
5. COST OF SERVICES AND CALCULATION PROCEDURE
5.1. The cost of the Services provided by the Contractor under this Agreement is determined according to the Price List of the Contractor posted on the Contractor's Website.
5.2. The Services are provided after their payment in the amount of 100% of the cost according to the Price List of the Contractor on the site.
5.3. All payments under this Agreement are made in Ukrainian hryvnia - in non-cash form, by transferring funds to the bank account of the Contractor.
5.4. Refunds are made in the following cases:
5.4.1. Refusal of the order due to inability to provide services by the Contractor;
5.4.2. Overpayment (excess is refunded).
6. RESPONSIBILITY OF THE PARTIES
6.1. The parties bear the responsibility provided by the current legislation of Ukraine.
6.2. The Parties shall not be liable for any breach of their obligations under this Agreementrum, if it was not their fault. A Party shall be presumed innocent if it proves that it has taken all necessary measures to ensure the proper performance of the Agreement. The Contractor shall not be liable if the defects of the provided Services are caused by non-compliance with the written instructions of the Contractor provided to the Client during the provision of the Services.
6.3. The Parties shall not be liable to each other for indirect damage (including for unearned profits) caused by non-performance / improper performance of the terms of this Agreement.
6.4. The Contractor shall not be liable if this was due to force majeure. Force majeure means: fires, earthquakes, other natural phenomena, natural disasters, actions of third parties, military actions, adoption of legislative acts and other circumstances independent of the Contractor, which make it impossible for the Contractor to timely, fully and properly fulfill its obligations. according to the contract.
6.5. The Contractor's liability to the Client in case of the latter's claims / claims for damages and / or compensation for non-pecuniary damage as a result of failure to provide and / or provide Services of inadequate quality, which must be documented in the manner prescribed by Ukrainian law, is limited relevant Services paid for by the Client.
6.6. The Contractor shall not be liable in the event of acts / omissions of third parties (owners of the site where the services, postal services, etc. are provided), as a result of which the Contractor was unable to fulfill its obligations under this Agreement.
6.7. The Parties understand and acknowledge that the discrepancy between the result of providing a Service and the result expected and desired by the Client when applying for the relevant Service is not in itself a fact of providing such Service of improper quality and does not result in a refund.
6.8. In case of transfer by the Customer of any educational or informational online materials (video, text, etc.) and other data received by him under this Agreement, third parties without the written consent of the Contractor, including for commercial purposes, the Contractor must claim damages. .
7. COPYRIGHT AND RELATED RIGHTS
7.1. All copyrights and related rights to the recordings of online classes, educational and informational online materials (videos, texts, etc.), which became known to the Customer during the training courses belong to the Contractor. The customer has the right to use them only for personal purposes.
7.2. The Customer has no right to transfer access to the received records of online classes, educational and informational online materials to third parties without the written consent of the Contractor, to publish, publicly reproduce in any way and in any form, to repeat, copy and use in commercial purposes.
8. TERM OF THE AGREEMENT
8.1 This Agreement shall enter into force upon its posting on the Contractor's Website and shall remain in force until it is revoked by the Contractor.
8.2 The Contractor has the right at any time to amend the terms of the Agreement and / or withdraw the Agreement at any time in its sole discretion.
9. DISPUTE RESOLUTION
9.1. All disputes and disputes that may arise in the process of providing the Services by the Contractor, in connection with the acceptance, implementation and / or violation of the provisions of this Agreement and the Rules for the provision of relevant Services, shall be settled by negotiation.
9.2. In case of disagreement through negotiations, the Client reserves the right to file claims, which must be considered by the Contractor within a reasonable time, in order to resolve disputes and disputes in a pre-trial procedure. All claims in connection with the services provided by the Contractor must be submitted electronically within three days from the date of their provision of such services and sent to goldenlegend.academy@gmail.com. In the absence of claims filed by the Client during this period, it is considered that the Services are provided by the Contractor qualitatively and in accordance with the terms agreed by the Parties. The Contractor has the right to refuse the Client to consider claims filed after the expiration of three days from the date of provision of Services.
9.3. In case of disagreement between the Parties, through negotiations and the impossibility of settlement in the pre-trial procedure, all disputes and disputes shall be resolved in court at the location of the Contractor.
9.4. All legal relations arising from or related to this Agreement, including those related to the validity, conclusion, performance, amendment and termination of this Agreement, interpretation of its terms, determination of the consequences of invalidity or breach of this Agreement shall be governed by this Agreement and relevant norms of the legislation in force in Ukraine, as well as the customs of business applicable to such legal relations on the basis of the principles of good faith, reasonableness and fairness.
10. CIRCUMSTANCES OF FORCE MAJORITY (FORCE MAJOR)
10.1. The Parties shall be released from liability for full or partial non-performance of their obligations under this Agreement, if such non-performance is the result offorce majeure circumstances that arose after the conclusion of this Agreement and which the Parties could neither foresee nor prevent by reasonable measures.
10.2. Force majeure circumstances (force majeure circumstances) under this Agreement are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations under the terms of the Agreement, obligations under legislative and other regulations, namely: threat of war, armed conflict or serious threat of such conflict, including but not limited to enemy attacks, blockades, military embargoes, actions of foreign enemies, general military mobilization, military actions, declared and undeclared war, actions of public enemy, riots, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, revolt, uprising, mass riots, curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forcible seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties explosion, long breaks in the work of transport, regulated by appropriate conditions x decisions and acts of public authorities, closure of sea channels, embargoes, bans (restrictions) on exports / imports, etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, storm, flood , accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquakes, lightning, fire, drought, subsidence and landslides, other natural disasters; other events in the host country or region that endanger the life, health and personal safety of people outside the control of the Parties, etc.
10.3. The Party for which it has become impossible to fulfill its obligations due to force majeure (force majeure) must immediately, by any available means, notify the other Party of such circumstances as soon as possible: the time of occurrence, the possible duration and probable date of termination of these circumstances.
10.4. In the event of a force majeure (force majeure), the obligations under this Agreement are transferred to the term of such circumstances.
10.5. The existence and validity of force majeure (force majeure) must be confirmed by a certificate issued by the Chamber of Commerce and Industry of Ukraine.
11. FINAL PROVISIONS
11.1. The Parties are aware that the services are provided by the Contractor, who is registered and acts in accordance with the legislation of Ukraine.
11.2. The Parties agree to consider the location of the Contractor, specified in section 9 of this Agreement, as the place of concluding the agreement and the place of providing services.
11.3. By accepting this Agreement, the Client agrees that all disputes related to this Agreement will be considered in accordance with the laws of Ukraine without regard to the rules of conflict of laws. The Client also agrees that all such disputes are within the exclusive jurisdiction of the relevant courts of Ukraine.
11.4. The Parties to this Agreement have decided that in the event that a part of this Agreement is declared invalid (illegal), the Agreement itself and without the inclusion of an invalid (illegal) part shall be deemed concluded. In this case, the Party to this Agreement may not refer to the fact that without the inclusion of the invalid (illegal) part of the Agreement, it would not have concluded it.
11.5. All the above is a single text of the Agreement, which replaces all previous negotiations, correspondence, agreements, proposals and statements concluded or expressed by the Parties on the subject of the Agreement orally or in writing.
11.6. In all cases not provided for in this Agreement, the Parties shall be governed by the current legislation of Ukraine
12. DETAILS OF THE PERFORMER
Private individual Sholomko Artem Vadymovych Address: 74621, Kherson region, Hornostaiv district, Olhyne village, 70 rokiv Zhovtnya street, building 3. Р / р UA053220010000026001300052978 JSC CB "Universal Bank" MFO 322001, USREOU code 3414807318
