PUBLIC CONTRACT
- General provisions
1.1. This document is a public offer of private entrepreneur Voron Yulia Vladimirovna, hereinafter referred to as the "Contractor", and contains all the essential terms of the contract for the provision of information and consulting services.
1.2. The person who has accepted this public offer acquires all the rights and obligations of the Customer under this agreement.
1.3. The acceptance of this public offer is the implementation by the Customer of full or partial payment for information and consulting services in accordance with the terms of this agreement. From the moment of receipt of funds in payment for the services rendered to the settlement account of the Contractor, this agreement is considered concluded between the Customer and the Contractor.
1.4. Acceptance of this Offer and, accordingly, the conclusion of this Agreement means that the Customer, to the extent necessary for him, has familiarized himself with the terms of this agreement and the rules of the payment system (hereinafter referred to as the System), the specifics of the functioning of the System and the site on which the training materials are posted, recognizes the unconditional suitability of the System, site to perform actions and achieve the goals that are the subject of this agreement.
1.5. By accepting this offer, the Customer confirms that the provision of services by the Contractor under this agreement remotely using software (hereinafter referred to as the Software) is fully consistent with the Customer's ability to use the services provided in this way.
1.6. The current contract-offer is always located at:
https://voronstudio.com.ua/commercialmakeuponline/oferta/eng.
1.7. In this agreement, unless its text expressly implies otherwise, the following words and expressions will have the following meanings:
1.7.1. Agreement - this document, published on the Internet, as well as sent for review by e-mail or provided for review by any other means.
1.7.2. The customer is the recipient of services under this agreement.
1.7.3. Service - provided on a reimbursable basis, video recordings of practical trainings and master classes aimed at transferring knowledge and skills to the Customer in creating wedding makeup and hairstyles using their own methods and techniques.
1.7.4. Software (software) - a browser (InternetExplorer, FireFox, GoogleChrome and similar) for accessing information resources located on the Internet, other programs for transmitting, storing, processing the information provided. The customer undertakes to independently ensure the availability of the software on his personal computer.
1.7.5. Site - a collection of information, texts, graphic elements, design, images, photos and videos and other results of intellectual activity, as well as computer programs contained in an information system that ensures the availability of such information on the Internet at a network address
https://voronstudio.com.ua/commercialmakeuponline.
2. Subject of the contract-offer
2.1. The subject of this offer is the provision of paid information services to the Customer in the field of obtaining skills in creating wedding makeup and hairstyles as part of the Wedding Day Online course.
2.2. The provision of services is carried out by placing by the Contractor in the closed section of the Site training material for the Customer.
Services under this agreement are limited to providing the Customer with information and developing skills for its independent use.
2.3. Services under this agreement are provided by the Contractor remotely via the Internet, using software.
3. Terms of rendering services and the procedure for their transfer
3.1. The term for the provision of services under this agreement is indicated on the Site.
3.2. The content of the training program is posted on the Site and in the closed section of the Site.
2. Subject of the contract
2.1. The subject of this offer is the provision of paid information services to the Customer in the field of obtaining skills in creating wedding makeup and hairstyles as part of the Wedding Day Online course.
2.2. The provision of services is carried out by placing by the Contractor in the closed section of the Site training material for the Customer.
Services under this agreement are limited to providing the Customer with information and developing skills for its independent use.
2.3. Services under this agreement are provided by the Contractor remotely via the Internet, using software.
3. Terms of rendering services and the procedure for their transfer
3.1. The term for the provision of services under this agreement is indicated on the Site.
3.2. The content of the training program is posted on the Site and in the closed section of the Site.
4. Rights and obligations of the parties
4.1. The Contractor undertakes:
4.1.1. provide the Customer with personal access to the training program in the closed section of the Site within 24 hours from the date of receipt of payment from the Customer.
Access to training materials is provided by the Contractor by sending access passwords to the closed section of the Site to the Customer's e-mail address specified by him when purchasing the course.
4.1.2. comply with the requirements of the law regarding the processing, transfer and protection of the Customer's personal data.
4.2. The contractor has the right:
4.2.1. unilaterally change the schedule for posting training material, as well as change and supplement the content of lessons for the Customer.
4.2.2. demand from the Customer conscientious fulfillment of the obligations assumed.
4.2.3. unilaterally change and supplement the terms of this agreement, without prior agreement with the Customer, while ensuring the publication of the amended terms on the website
https://voronstudio.com.ua/commercialmakeuponline, at least one day prior to their entry into force.
4.2.4. unilaterally terminate this Agreement in the event of a material breach by the Customer of the terms of this Agreement. At the same time, the funds paid by the Customer under this agreement are non-refundable and are a penalty for the actions of the Customer.
A material violation of the terms of this Agreement means any violation of copyrights regulated by the current legislation of Ukraine "On Copyright", including a single violation by the Customer of clause 4.3.5. of this Agreement.
At the discretion of the Contractor, depending on the nature of the violation, any violation by the Customer of the rules established by clause 4.3.2 may be considered significant. - 4.3.5. of this Agreement, committed once and/or more than twice.
4.2.5. involve third parties for the provision of services in accordance with this agreement. At the same time, the Contractor is not responsible for the illegal actions of third parties in the provision of services under this agreement, but makes every effort to ensure the protection of the rights and interests of the Customer.
4.3. The customer undertakes:
4.3.1. to receive services under this agreement, the Customer must have a personal computer with Internet access, as well as with installed software.
4.3.2. provide the Contractor with up-to-date information necessary for sending information materials to the Customer, as well as for prompt communication with the Customer as part of the provision of services under this agreement, namely: last name and first name, a valid mailbox, contact phone number.
4.3.3. not to record, distribute (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer under this agreement, create information products on its basis in order to extract commercial profit , and use this information in any other way than for personal use.
4.3.4. not transfer to third parties and ensure the confidentiality of access passwords to the personal account in the closed section of the Site and to the special software used to organize the services under this Agreement by the Contractor.
4.3.5. not to change in any way the software part of the Site, to take actions aimed at changing the functioning and performance of the Site.
4.4. The customer has the right:
4.4.1. demand a refund of the paid funds within 14 (fourteen) calendar days from the date of the start of training (gaining access to lessons) in accordance with the rules established by this agreement.
The application for the return of the amounts paid by the Customer is sent to the email address: julia.voron@ukr.net.
5. Cost of services and payment procedure
5.1. The cost of information services under this agreement is indicated on the Website
https://voronstudio.com.ua/commercialmakeuponline and may be changed by the Contractor at any time unilaterally. The new cost comes into force from the moment of publication and does not apply to services paid by the time of publication.
5.2. Payment for the selected service is made by the Customer by crediting funds to the account of the Contractor in the amount of 100% of the cost of services.
5.3. The moment of payment is considered the receipt of funds to the account of the Contractor.
6. Conditions and procedure for the return of funds
6.1. The return of funds by the Contractor is carried out at the request of the Customer sent to the email address: julia.voron@ukr.net no later than 14 (fourteen) calendar days from the start of training according to the schedule (or gaining access to lessons), except for the following cases:
6.1.1. During the training process, the Customer had personal problems (health problems, changes in vital interests and priorities, and other similar problems), for which the Contractor cannot be held responsible.
6.1.2. The Customer did not request assistance from the Contractor to solve the problems with access to the closed section of the site.
6.2. Refunds are made in the absence of grounds for refusal to return, established by clause 6.1. of this agreement, minus the actual costs of the Contractor at the time of return. Such actual costs of the Contractor include (but are not limited to) in particular the commissions of banking, credit organizations and relevant payment systems for the implementation of a refund, the costs of the software used by the Contractor in the training process or payment for third-party services, as well as the cost of bonus materials provided to the Customer , but not more than 4000 (four thousand) hryvnia.
6.3. The decision to return or refuse to return funds is made by the Contractor within 10 (ten) business days from the date of receipt of the relevant application from the Customer.
6.4. The funds are returned to the Customer's account, from which the tuition was paid, or another account specified by the Customer, within 14 (fourteen) working days after the decision on the return is made.
6.5. The demand for the return of the paid amounts, presented by the Customer later than the deadlines established by clauses 6.1. of this agreement, the Contractor considers if the Customer provides written evidence that the relevant service included in the purchased package of services was not provided (provided improperly) through the fault of the Contractor.
In the event that the fact of non-provision of services (provision of services of inadequate quality) is established for the corresponding option of the purchased services, the Contractor shall return the money minus the actual costs of the Contractor, determined at the time of return according to the rules of clause 6.2. actual agreement.
6.6. The Contractor reserves the right to reject the Customer's request for a refund in the event that the Customer has a disrespectful attitude towards the Contractor.
6.7. If the application for return is satisfied, access to training materials for the Customer is terminated within 1 (one) business day from the date the Contractor sends the decision on the relevant return to the Customer. The specified requirement of the Customer for a return is also considered a withdrawal of the previously given acceptance specified in clause 1.2 of this agreement.
6.8. Application for a refund sent to the Contractor after the expiration date of access to the training course indicated on the website
https://voronstudio.com.ua/commercialmakeuponline, are not considered.
7. Liability of the parties
7.1. The Contractor is not responsible for the impossibility of providing services to the Customer for reasons beyond the control of the Contractor, namely: disruption of the Internet, equipment or software by the Customer. In this case, the services are considered to be rendered properly and payable in full.
7.2. No information, materials and / or advice provided by the Contractor as part of the provision of services under this agreement can be considered as a guarantee. Making decisions based on all the information provided by the Contractor is in the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor as part of the performance of its obligations under this Agreement.
7.3. The Contractor does not guarantee the absolute uninterrupted provision of services under this agreement, despite the fact that the Contractor takes all possible measures to prevent the above. In the event of an unsatisfactory quality of the Internet connection, stable operation of the Software is not guaranteed, in which case it may be difficult or impossible to receive services under this agreement.
7.4. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under this agreement for the duration of force majeure. During this time, the parties do not have mutual claims, and each of the parties assumes its own risk of the consequences of force majeure. The Contractor is obliged to notify the Customer of the occurrence of such circumstances by posting information on the Website and / or to the e-mail box indicated by the Customer when making the payment, and the Customer is obliged to send the Contractor an email to julia.voron@ukr.net indicating in the Subject line "Force -major".
By force majeure circumstances (force majeure) the Parties understand: fire, flood, earthquake, strikes and other natural disasters, war and hostilities, the entry into force of regulatory legal acts and acts of law enforcement that impede the fulfillment of obligations, forced urgent (not planned ) hospitalization, documented, if the above circumstances are beyond the control of the Parties, impede the implementation of this agreement and arose after the conclusion of this agreement. The Customer's lack of time for any reason to complete the training course, being on vacation, business trip, non-payment for Internet access, breakdown of the Internet access means are not force majeure circumstances (force majeure).
7.5. The total liability of the Contractor under this agreement for any claim or claim in relation to the contract or its performance is limited to the amount of the payment paid to the Contractor by the Customer. At the same time, only real damages, but not lost profits, can be recovered from the Contractor.
8. Personal data and their use
8.1. The Customer gives his consent to the Contractor for the processing of his personal data provided during registration in the closed section of the Site, namely: first name, last name; E-mail address; contact number; accounts in messaging programs and social networks; Country of Residence.
8.2. The processing of personal data means the recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data that do not fall under special categories for processing which, according to the current legislation of Ukraine, the written consent of the Customer is required.
8.3. The processing of personal data is carried out in order to fulfill the Contractor's obligations under this agreement, provide the Customer with feedback when using the Site, training programs, video courses, as well as for the purpose of sending information and advertising messages to the e-mail address specified by the Customer during registration.
8.4. The processing of the Customer's personal data is carried out by the Contractor using databases on the territory of Ukraine.
8.5. The Customer agrees to receive newsletters and promotional materials from the Contractor, or from other persons on behalf of the Contractor, to the email address and contact phone number specified by the Customer when registering on the Site.
9. Copyright protection
9.1. The site contains the results of intellectual activity belonging to the Contractor, its affiliates and other related parties, representatives, all other persons acting on behalf of the Contractor.
9.2. By using the Site, the Customer acknowledges and agrees that all the content of the Site and the structure of the content of the Site are protected by copyright, trademark right and other intellectual property rights, and that these rights are valid and protected in all forms, on all media and in relation to all technologies, both currently existing and developed or created subsequently. No rights to any content of the Site, including, but not limited to, audiovisual works, text and graphic materials, computer programs, trademarks, do not pass to the Customer as a result of using the Site and entering into this agreement.
9.3. When quoting the materials of the Site, if it is expressly provided for by the functions of the Site, the Customer undertakes to indicate a link to the Site.
9.4. In the event that the Customer violates the provisions of this agreement relating to the protection of the copyright of the Contractor, the latter has the right to demand payment of compensation in the amount of 300,000 (three hundred thousand) hryvnia for each case of violation, as well as compensation for all losses incurred, including lost profits.
10. Final provisions
10.1. This agreement comes into force from the moment of acceptance by the Customer in accordance with clause 1.3. agreement and is valid until the full fulfillment of obligations by the parties.
10.2. All disputes and disagreements between the parties are resolved through negotiations or in court in accordance with the current legislation of Ukraine at the place of registration of the Contractor.
10.3. Inaction on the part of the Contractor in case of violation by the Customer of the provisions of this agreement does not deprive the Contractor of the right to take later appropriate actions to protect its interests and protect intellectual rights to the materials of the Site protected in accordance with the law.
10.4. Recognition by the court of any provision of this agreement as invalid or unenforceable does not entail the invalidity of its other provisions.
REQUISITES:
Beneficiary: entrepreneur Voron Yulia Vladimirovna
IBAN UA933220010000026006310096156
IN Number 3194314929
Joint Stock Company UNIVERSAL BANK
BIC 322001
OKPO Bank 21133352