PUBLIC AGREEMENT (OFFER)
Individual Entrepreneur (Sole Proprietor) Rybalchenko Nataliia Oleksandrivna (Taxpayer Identification No. 3161722307) (hereinafter the "Service Provider") offers individuals to accede to this public agreement (offer) for the provision of consulting and information services (hereinafter the "Agreement") on the terms specified herein and in accordance with the selected list of services (purchase of online products).
An individual entrepreneur
Natalia Oleksandrivna Rybalchenko
RNOKPP 3161722307
UA943220010000026007320056549
JSC "Universal Bank"
e-mail: nataliia.acct@gmail.com
Pursuant to Articles 205, 633, 634, 638-642 of the Civil Code of Ukraine, upon acceptance of the terms of this Agreement, the person who accepts the Agreement becomes the Customer (acceptance of the Agreement is equivalent to concluding/executing/signing the Agreement on the terms set out in this public agreement (offer)).
In the event the Customer disagrees with the terms of this Agreement, the Customer shall refrain from taking any actions aimed at ordering online courses, including making payment for them.
TERMS AND DEFINITIONS
Acceptance - the Customer’s full and unconditional assent to the Service Provider’s offer to conclude an agreement for the provision of services with the Service Provider, by completing and sending to the Service Provider the relevant registration form posted on the Website, or by completing such form during payment.
Customer - an individual who has the relevant civil legal capacity and capacity to act within the meaning of applicable Ukrainian law and who accedes to the terms of this Agreement.
Materials - presentations, interactive materials, video recordings, checklists, etc., offered for purchase or posted on the Website and other platforms, including YouTube, Notion, closed (private) Telegram channels and communities, etc.
Messenger - a system for exchanging instant messages, photos, videos, audio recordings, and for group chats, linked to the Page, as well as other independent instant information exchange systems linked to the phone number of the owner and administrator of the Page. Such systems include Viber, WhatsApp, Telegram, Signal, and others.
Online Product - a set of information materials (master classes, video materials, checklists, additional materials, assignments, etc.), within which the Service Provider provides services,
posted on the Website, platforms, social media pages, YouTube channel, Notion, Messengers, access to which the Customer receives after payment for the Online Product. Contractual relations may provide for reserving a place/participation in such Online Products.
Public Agreement - a transaction between the Service Provider and the Customer for the provision of services to the Customer on the terms set out in this Offer/Public Offer and which are the same for all Customers, from the moment of acceptance of the public offer by the Customer (hereinafter the Agreement).
Public Offer - the Service Provider’s offer addressed to any individual to conclude with such individual an agreement for the provision of services on the terms contained in this document, in accordance with Article 641 of the Civil Code of Ukraine.
Website - a set of data (texts, graphic and design elements, photos, videos, and other results of intellectual activity, computer programs) that are interconnected and combined by content and navigation under a single domain name and ensure accessibility of such information to end users.
Social Media Page / Page - pages on the Instagram network at https://www.instagram.com/natalia.rybalchenko.accountant/ as well as other pages associated with the Service Provider and containing information about the Service Provider’s Online Products.
Tariffs - the price of a certain scope of services provided under a specific Online Product, which the Service Provider provides to the Customer over a certain period. In addition to the price and scope of services, Tariffs may specify conditions for discounts, other benefits, duration, access period, and other terms.
SUBJECT OF THE AGREEMENT
1. The Service Provider undertakes to provide the Customer with consulting and information services, the content of which consists in providing the Customer with access to the relevant Materials of a certain Online Product for the period specified in the relevant Tariff and/or in the description of the purchased Online Product, and the Customer undertakes to accept and pay for the services on the terms specified on the relevant Online Product page.
2. The cost of a specific Online Product (Materials) is indicated either on the Page, or on the Website page containing information about the Online Product, or in advertising materials, and may also be specified during correspondence with the Service Provider via messengers associated with the Service Provider.
3. Among the Online Products offered for purchase from the Service Provider, there are Online Products: (a) access to which is provided immediately; and (b) access to which is provided gradually (after completing the current module) or with a start on a specific date.
4. Depending on the type of Online Product, the conditions for the provision of services by the Service Provider may differ and may be governed by different provisions of this Agreement.
PROCEDURE FOR ACCEPTING THE OFFER
1. Acceptance of the terms of the offer shall be deemed any of the following conclusive actions (the Customer is deemed to have read and accepted all terms of this Agreement): payment of an invoice; use of an online payment instrument to pay for an Online Product; obtaining access to an Online Product; completing a pre-registration form for an Online Product; confirmation/consent in correspondence via messengers associated with the Service Provider; and other actions.
2. During correspondence in a messenger, the Service Provider may communicate the main terms and tariff plans of a certain Online Product, as well as the terms of this Agreement, and provide a link to the webpage containing the full text of this Agreement.
3. The Agreement shall be deemed concluded without further signing from the moment the Service Provider receives the Acceptance.
4. By Acceptance, the Customer confirms that the Customer fully understands and agrees with the terms of this Agreement.
5. The Customer confirms that the ultimate beneficiary of the results of the services and the purchase of Online Products under this Agreement is the Customer directly, or another person authorizing the Customer to purchase Online Products. If Online Products are purchased for the benefit of third parties, including as a gift, the Customer shall be liable to such persons under this Agreement.
6. For the purpose of Acceptance, the Customer undertakes to provide the following information about himself/herself: surname, name and patronymic, or the name by which to address the Customer; username (nickname) in social media; phone number; e-mail address; and other information deemed necessary by the Service Provider.
7. For the purpose of performance of this Agreement, the Customer grants the Service Provider consent to process, in any manner, the Customer’s personal data provided by the Customer personally or through third parties, for the entire term of this Agreement. If during the term of this Agreement the Customer provides personal data of third parties to the Service Provider, the Customer warrants the lawfulness of obtaining such data and the existence of consent of such persons for the Service Provider to process such personal data.
8. By registering on the Website, the Customer consents to receiving messages, including informational and advertising messages related to services, via e-mail and via short message services (SMS, Viber, Telegram, and others).
PRICE OF SERVICES AND PAYMENT PROCEDURE
1. The price is determined and applied according to the Online Product Tariff selected by the Customer, as indicated on the relevant webpage of the Website, Pages, private correspondence between the Customer and the Service Provider, or advertising materials. Certain Tariffs or tariff plans may provide an option to pay an additional fee to extend the access period to the Materials.
2. Settlements between the Parties are made by transferring funds to the Service Provider’s account or via online payment systems used by the Service Provider. Payment is made in hryvnia or, where payment is made in a foreign currency, according to the official exchange rate of such foreign currency to hryvnia on the date of payment. Transaction fees and other bank fees shall be borne by the Customer.
3. To pay for Online Products, the Service Provider may, but is not obliged to, use the following payment options: full payment; bank installment plan/payment in parts, if technically available; payment of a reservation fee before the start date of an Online Product; and an installment plan provided by the Service Provider.
4. Funds are non-refundable after full or partial payment, except for cases specified in the REFUNDS section of this Agreement.
5. After full payment, access to recorded courses opens immediately and the services are deemed provided at the moment the Online Product is sent to the Customer or access is granted to the Customer. For a course that has a start on a specific date, the Customer joins the relevant group and the services are deemed provided in full from the moment the first training module is opened or the first lesson begins.
6. A reservation payment made by the Customer to lock in the price of a certain Online Product at the moment of payment constitutes a deposit (earnest money) within the meaning of applicable law. If within the period determined by the Service Provider the full price of the Online Product is not paid, such deposit is non-refundable and shall pass to the Service Provider as a security payment (Article 570 of the Civil Code of Ukraine).
7. If payment is made using an installment plan provided by the Service Provider (50/50), the next installment must be paid within two (2) weeks from the start of the Online Product, unless otherwise stated in the advertising/information materials for the Online Product, or communicated by the Service Provider during correspondence via messengers. Failure to make the initial installment is grounds for excluding the Customer from participants of the Service Provider’s Online Product.
8. The Customer may not demand a reduction of the price of services or a refund if the Customer did not use the services. The moment of performance of the obligation to provide services shall be the granting of access to the Online Product materials or the first module/lesson of such Online Product.
9. The Customer may receive a discount on the price of the Online Product. The discount terms are communicated to the Customer via advertising materials or messenger correspondence. A discount is not granted after purchase of the Online Product.
10. If, together with the purchase of the main Online Product, discounts for other Online Products were provided or access to bonus/promotional Online Products was provided and/or other incentive measures were applied, then in the event the Customer requests a refund in the manner and within the time limits provided in this Agreement, the Customer shall pay for all received Online Products and/or services to which such incentive measures applied (free of charge, discounted, promotional, etc.). The amount of such indebtedness may be withheld by the Service Provider unilaterally from the refundable amount.
PROCEDURE AND TIME LIMITS FOR SERVICE PROVISION
1. Services are provided via the Internet by granting the Customer access to the Online Product selected by the Customer on the terms and within the scope provided by the tariff plans paid by the Customer.
2. The start date (enrollment) of an Online Product, where applicable, is indicated on the Website, Pages, Messengers, or in advertising materials.
3. The Service Provider shall not be liable if the Customer missed a seminar, webinar, mastermind, master class, video call, or other elements of the Online Product intended to be perceived through the Customer’s participation in an online broadcast according to the Online Product program.
4. The moment of service provision shall be deemed the granting of access to the paid Materials of the Online Product. The Customer consumes the services by viewing the materials posted on the Website or third-party resources, including closed Telegram groups, access to which is provided by the Service Provider.
5. All Materials are author’s (copyright) and subjective. All proprietary intellectual property rights to all Materials belong to the Service Provider.
6. In case of violation of payment terms, the Service Provider has the right to terminate the Agreement unilaterally and restrict access to the Website/platform/closed Telegram channel, YouTube channel, and other resources hosting Online Products and Materials.
7. An error attributable to the Customer in the e-mail address to which access is granted or to which the Online Products are sent is not grounds for re-granting access free of charge. If re-granting access is required, its cost is determined by the Service Provider and is not subject to challenge.
8. Online Products with immediate access do not provide feedback and/or curator/expert participation. For additional clarifications or answers on topics not included in the Online Product Tariff, the Customer orders and pays for an individual consultation service in the manner and by the method determined by the Service Provider.
9. Online Products with immediate access may have an access period during which the Customer may view the Materials and, if available, download them for personal use.
10. Online Products with gradual access that provide feedback and/or curator/expert participation may have an access period during which the Customer may view materials, complete homework, ask questions, receive feedback, and, if available, download materials for personal use. An extension of the access period may be considered by the Service Provider upon a reasoned request of the Customer or due to force majeure circumstances substantiated by the Customer; any such extension may be granted by the Service Provider at its sole discretion.
11. For extending the access period, the Service Provider may require an additional payment; failure to make such payment within the period set by the Service Provider automatically cancels the extension.
12. If the Online Product includes checking homework by the Service Provider, the Service Provider performs such checking within the period determined by the terms of the Online Product, which in most cases is until the end of the duration of the Online Product course, unless a different period is specified in the Online Product description.
13. If by the end of the access period the Customer has not completed all tasks provided by the course, no certificate/diploma confirming completion of training is issued to the Customer.
14. Certificates for completion of an Online Product are issued only to participants who completed homework in the scope determined by the Service Provider and passed tests, unless otherwise expressly provided in the description of the relevant Online Product.
15. The Customer independently monitors the expiration of access periods to purchased Online Products and may not bring any claims against the Service Provider regarding expiration of such periods where an access period applied.
16. The Service Provider’s decisions regarding extension of access periods, replacement of experts, closing access, requiring additional payment for extension, etc., are final and not subject to review or appeal.
17. The Service Provider may engage experts with qualifications necessary to conduct such Online Products or separate modules/lectures/webinars.
INTELLECTUAL PROPERTY RIGHTS
1. All rights to the content posted on the Website, Pages, and all Materials of Online Products belong to the Service Provider.
2. Intellectual property rights to the materials and content on the Website or other resources to which the Service Provider grants access, including but not limited to images, videos, logos, graphics, and sounds, belong to the Service Provider.
3. The Service Provider may also use intellectual property objects that may belong to other persons on the basis of an appropriate license, agreement, or other lawful grounds.
4. The Service Provider grants the Customer a limited, non-exclusive, revocable, non-sublicensable license to access the Website, Online Products, and use the Materials (meaning: the Materials may be used by the Customer personally and are not intended for further distribution, including for conducting similar information courses). The term of such license depends on the selected Online Product; the territory of the license is worldwide.
5. The Customer may download the Materials (if such possibility is provided), view them, and use them for personal use without further distribution.
6. The content and Materials may be used by familiarization (viewing, reading, listening, etc., depending on the type of content/Materials) and reproduction exclusively for personal purposes, including for providing information and consulting services to the Customer’s own clients in individual or group format.
7. The Materials may not be used as a basis or content of educational events organized by the Customer in the format of trainings, courses, workshops, lectures, or other professional educational events, regardless of whether the Customer received a certificate/document of completion.
8. By granting the Customer the right to use the objects for the purposes of performing this Agreement, the Service Provider does not transfer any intellectual property rights and does not grant permission to use the Materials for purposes other than those specified in this Agreement, including does not grant permission to teach or otherwise distribute the course Materials as educational products on behalf of the Customer or third parties.
9. All Materials provided by the Service Provider to the Customer during webinars, courses, and use of the Online Product, as well as photo and video recordings obtained by the Service Provider during the Online Product, are the result of intellectual activity of the Service Provider or persons engaged by it.
10. The Customer consents to the use of the Customer’s photo/video image, feedback about the services provided, and other data, including correspondence that does not contain personal or sensitive information about the Customer, obtained by the Service Provider during service provision. If the Customer disagrees with such use, the Customer must notify the Service Provider.
11. The Customer consents to photo and video recording of part or all of an Online Product for distribution among other/subsequent participants.
12. Exclusive copyright, including related rights, belongs to the Service Provider. The Customer may not copy or publicly quote the Materials.
13. Content and Materials may not be copied, published, reproduced, processed, distributed, sold, or otherwise used in whole or in part without the Service Provider’s written consent.
LIABILITY OF THE PARTIES
1. In case of violation of payment terms under this Agreement, the Service Provider has the right to terminate the Agreement unilaterally and restrict access to the Materials.
2. The Service Provider may terminate this Agreement unilaterally and block access to the Materials upon discovery of: (a) distribution or transfer of Materials and/or access passwords to the learning platform/Website/Materials to third parties who are not a Party to the Agreement; (b) shared purchase of an Online Product by several persons; (c) unethical behavior of a student during an individual consultation or group Online Products involving group work; (d) arrears in payment for an Online Product; (e) overt advertising/recommendation of Online Products of other experts who are competitors of the Service Provider, where the Service Provider did not request such information; (f) discovery of purchases of Online Products by persons from the Russian Federation and the Republic of Belarus (except citizens of the Russian Federation and the Republic of Belarus who had grounds to stay in the territory of Ukraine before 24 February 2022).
3. If the Service Provider discovers violations described above, the Customer shall pay a penalty in the amount of 500% (five times) the cost of the purchased Online Products. Violations may be evidenced by screenshots, software tools, access logs, or any other reasonable means.
4. By paying for an Online Product, the Customer confirms sufficient knowledge, skills, and adequate technical and software means to complete it. Claims on these grounds are not accepted and paid funds are non-refundable. The Service Provider bears no liability for hidden or unknown facts, circumstances, or deficiencies on the Customer’s side that may affect the ability or result of completing the Online Product.
5. The Service Provider is not liable for consequences of the Customer’s use of results of the services and/or Materials. The Customer uses such results and/or Materials at the Customer’s own risk. The Service Provider does not guarantee any results related to the practical use of information obtained in the course of service provision.
6. No information, Materials, and/or consultations provided by the Service Provider under this Agreement shall be considered as guarantees. Decisions based on the provided information are within the Customer’s exclusive competence. The Customer assumes full responsibility and risks related to the use of information and Materials provided, as well as the availability of necessary software and equipment.
7. The Customer bears full responsibility for illegal access and unauthorized interference with the operation of computers, systems, and computer networks under Ukrainian law and for third parties obtaining access to confidential information or information about services under this Agreement.
8. The Parties acknowledge as unacceptable: exceeding the limits of acceptable ethical behavior; personal attacks and insults; use of obscene, offensive, or profane language; use of language and behavior outside a normal communication style; and any other behavior or statements that contradict moral principles of society and generally accepted standards of conduct.
9. In case of violation of the foregoing, the Service Provider may terminate the Agreement unilaterally and close access to the Online Product Materials. The Service Provider may refund the portion corresponding to content not completed or another amount deemed appropriate for materials not yet made available. If the Online Product contains Materials that open immediately, access is closed without any refund.
LIABILITY OF THE PARTIES
In the event of disputes, the Parties shall take measures to resolve disputes out of court (pre-trial settlement).
DISPUTE RESOLUTION
1. The Agreement is valid for the period specified in the tariff plans or the terms of purchase of the relevant Online Product.
2. The Service Provider has the right to terminate this Agreement unilaterally in case of: failure by a Party to perform its obligations under this Agreement; and cases specified in the LIABILITY OF THE PARTIES section of this Agreement.
TERM OF THE AGREEMENT
1. By acceding to and accepting the terms of this Agreement, the Customer grants the Service Provider the right to collect, process, and store the Customer’s personal data in accordance with the Privacy Policy.
2. The Service Provider may amend the terms of this Agreement unilaterally. If the Customer disagrees with the amended terms, the Customer has the right to terminate the Agreement unilaterally.
OTHER TERMS
An individual entrepreneur
Natalia Oleksandrivna Rybalchenko
RNOKPP 3161722307
UA943220010000026007320056549
JSC "Universal Bank"
e-mail: nataliia.acct@gmail.com
DETAILS
1. By acceding to and accepting the terms of this Agreement, the Customer grants the Service Provider the right to collect, process, and store the Customer’s personal data in accordance with the Privacy Policy.
2. The Service Provider may amend the terms of this Agreement unilaterally. If the Customer disagrees with the amended terms, the Customer has the right to terminate the Agreement unilaterally.
DETAILS
1. By acceding to and accepting the terms of this Agreement, the Customer grants the Service Provider the right to collect, process, and store the Customer’s personal data in accordance with the Privacy Policy.
2. The Service Provider may amend the terms of this Agreement unilaterally. If the Customer disagrees with the amended terms, the Customer has the right to terminate the Agreement unilaterally.