Політика конфіденційності
Публічна оферта
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Public offer agreement on the providing of information and educational paid services
Individual entrepreneur Klymenko Viktor Dmytrovych, acting on the basis of data from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine dated 01.10.2019 No. 2 067 000 0000176708, taxpayer registration card number: 3291014934, hereinafter referred to as the "Contractor", and the person who joined this Agreement, by accepting the offer to conclude this Agreement on the terms and conditions specified by the Contractor, hereinafter referred to as the "Customer", on the other hand, hereinafter jointly - the "Parties", and each separately - the "Party", expressing their free will and guided by the norms of the current legislation of Ukraine, have concluded this Agreement for the provision of services (hereinafter – the "Agreement") on the following:
1. General provisions
1.1. The Agreement is a public contract within the meaning of Article 633 of the Civil Code of Ukraine, and the person who accepts the offer (public offer) for the conclusion of the Contract (makes the acceptance) becomes the Customer in accordance with Article 642 of the Civil Code of Ukraine, Article 11 of the Law of Ukraine “On Electronic Commerce” and the terms of this Agreement.

1.2. The Agreement is an offer (public offer) to an unlimited circle of individuals and legal entities to conclude an Agreement with the Contractor by full and unconditional acceptance of the terms of this Agreement.

1.3. The terms of the Agreement shall be the same for all persons who have decided to accept the terms of this Agreement.

1.4. The Agreement is an accession agreement within the meaning of Article 634 of the Civil Code of Ukraine, since its terms are determined by the Contractor and can be accepted by the Customer only by joining the proposed Agreement as a whole. In case of disagreement of the Customer with all or individual provisions of this Agreement, the conclusion of the Agreement does not take place.

1.5. Attachment to the Agreement is the payment of the Contractor's services by means of a cashless transfer of funds on the basis of an account issued by the Contractor, including using an electronic means of payment.

1.6. The Contract is considered concluded from the date of receipt of payment to the Contractor for the services rendered by the Customer on the terms established by this Agreement.

1.7. The Parties may agree on a different method of accession to the Agreement and determine a different point of conclusion of the Agreement.

1.8. The Customer's performance of the actions provided for in clause 1.5 of this Agreement shall be deemed to be acceptance by the Customer of the offer to conclude the Agreement (implementation of the acceptance), and also confirms the fact of full and unconditional acceptance by the Customer of the terms of this Agreement without any reservations or remarks in accordance with Article 642 of the Civil Code of Ukraine. By accepting the Contractor's offer (public offer), the Customer agrees with all the terms of this Agreement and confirms that he understands the content of the Agreement and the legal consequences of its conclusion.

1.9. The contract is an electronic contract within the meaning of Article 3 of the Law of Ukraine “On Electronic Commerce”, concluded with the use of available information and telecommunication systems and may be invalidated in connection with its execution in electronic form.

1.10. This Agreement in paper form can be provided at the request of the Customer, and can also be printed by the Customer independently from the Contractor's website: https://uxtornado.com/.

1.11. The terms used in this Agreement shall be used in the following meanings:

1.11.1. Public offer is the Contractor's proposal for the conclusion of the Contract, posted on the Contractor's website and stated by the Contractor in the terms of this Agreement, addressed to an indefinite circle of individuals and legal entities.

1.11.2. Acceptance is full, unconditional and unconditional acceptance by the Customer of the terms of the Contract by paying for the services of the Contractor or in another way agreed by the Parties;

1.11.3. Customer is an individual or legalperson who receives services from the Contractor on the terms stipulated by the Agreement;

1.11.4. The Contractor's website is a collection of web pages available on the Internet under the domain name uxtornado.com, but not exclusively:
https://uxtornado.com;https://www.instagram.com/uxtornado/;https://www.facebook.com/uxtornado/;https://www.linkedin.com/company/uxtornado/;https://www.instagram.com/klimenkoweb/;https://www.facebook.com/klimenkoweb/;https://www.linkedin.com/in/klimenkoweb/;https://www.linkedin.com/school/uxtornado/;
1.11.5. Providers of intermediary services in the information sphere are telecom operators (providers), payment infrastructure service operators, registrars (administrators) assigning network identifiers and other entities providing transmission and storage of information using information and telecommunication systems created, used, distributed in accordance with the terms of the Agreement.

1.12. The contract is concluded on the basis of a proposal to conclude it (public offer) by the Contractor and its acceptance (acceptance) by the Customer.

1.13. The Contractor's public offer is set forth in the terms of this Agreement.

1.14. Acceptance of the Public Offer is the performance by the Customer of the actions specified in clause 1.5 of the Agreement, resulting from the conclusion of this Agreement.

1.15. By concluding the Contract, the Customer confirms:

1.15.1. full and exhaustive familiarization with the Public Offer set forth in the terms of this Agreement;

1.15.2. unconditional and unconditional acceptance by him of the Public Offer set forth in the terms of this Agreement;

1.15.3. full understanding of the content of your obligations under the Agreement and the legal consequences of its conclusion. 1.16. Confirmation of the conclusion of the Agreement is a receipt, check, payment order, other settlement or cash document (in electronic and/or paper form) certifying the fact of payment for services that are the subject of the Agreement, in accordance with the requirements of the legislation of Ukraine, unless otherwise agreed by the Parties.
2. Subject of the contract
2.1. Under the conditions and in the manner provided for in this Agreement, the Contractor undertakes to provide and the Customer to accept and pay for information and/or educational services (hereinafter — services).

2.2. The subject of the Agreement is the services that the Customer has selected from the list of services posted on the Contractor's website.

2.3. Services under the Contract, at the Contractor's discretion, may include: webinars, practical tasks, round tables, reports, forums, thematic discussions, lectures, oral, written, group, individual consultations, answers to questions, analytical, methodological and consulting materials, etc.

2.4. The subject, method of provision and term (term) of the provision of services are indicated on the Contractor's website.

2.5. The Contractor independently generates a list of services that can be provided to the Customer on the basis of this Agreement and places such a list of services on the Contractor's website.

2.6. The place of provision of services is indicated on the Contractor's website.
3 3. Procedure for the provision of services
3.1. To receive services under the Contract, the Customer must submit an application on the Contractor's website. Sending an application is carried out with an indication of the phone number and/or e-mail address through the Contractor's website, as well as by ordering an invoice for payment of the Contractor's services or payment for the Contractor's services using an electronic means of payment.

3.2. When registering, the Customer is obliged to provide the Contractor with information about:

3.2.1. Name, surname;

3.2.2. position (if available) and company;

3.2.3. means of communication (telephone number, e-mail address, etc.);

3.3. If the Contractor needs additional information, he has the right to request it from the Customer. In case of failure to provide the necessary information by the Customer, the Contractor is not responsible for possible shortcomings of primary documents and other documents drawn up in the process of fulfilling the terms of the Agreement.

3.4. From the moment of approval of the application by the Contractor, the process of concluding the Agreement begins and the Parties undertake to ensure the fulfillment of the conditions stipulated by the Agreement for its conclusion.

3.5. The customer is responsible for the accuracy of the information provided during registration.
3.6. The Customer makes payment only after familiarization with the terms of this Agreement, set forth on the Contractor's website.

3.7. After approval of the application, an invoice is sent to the Customer's e-mail address for payment of the services selected by him, unless otherwise provided by the method of payment chosen by the Customer.

3.8. Payment for services according to the invoice is an agreement to receive the services selected by the Customer on the Contractor's website.

3.9. The Contractor provides services in accordance with the legislation of Ukraine and the terms of this Agreement.

3,10. Services are provided through online events (via the Internet using remote viewing services), as well as in other forms and other methods specified by the Contractor.

3.11. The date of the event (start of the event) is indicated on the Contractor's website.

3.12. The Contractor shall not be liable if the Customer has missed the event, which started at the time specified on the Contractor's website, or within 15 minutes, after the time specified on the Contractor's website.

3.13. Services are considered to be provided to the Customer from the end of the event, which corresponds to the description given on the Contractor's website.
4. Rights and obligations of the parties
4.1. The performer has the right to:

4.1.1. receive from the Customer information necessary for the provision of services;

4.1.2. independently set the price of services and other conditions for their provision by posting the relevant information on the Contractor's website;

4.1.3. make changes to the Agreement by posting them on the Contractor's website without special notice to the Customer;

4.1.4. store and process personal data obtained in the process of providing services, in accordance with the requirements of the current legislation of Ukraine;

4.1.5. suspend the provision of services in case of untimely fulfillment by the Customer of its monetary obligations to pay for services;

4.1.6. completely or partially suspend the provision of services in the event of inability to provide services due to technical or other objective reasons.

4.2. The Contractor is obliged to:

4.2.1. provide services in accordance with the terms of this Agreement;

4.2.2. provide clarification on issues arising from the Customer in connection with the provision of services to him;

4.2.3. to ensure that the Customer can view online events in the manner prescribed by the Agreement;

4.2.4. provide services personally and/or with the involvement of third parties, while remaining fully responsible to the Customer for the provision of services;

4.2.5. ensure the protection of personal data received from the Customer.

4.3. The customer has the right to:

4.3.1. receive services provided by the Contractor in accordance with the terms of the Agreement;

4.3.2. obtain complete and reliable information on the scope of services provided, as well as clarification on issues arising from the Customer in connection with the provision of services to him.

4.4. The customer is obliged to:

4.4.1. independently familiarize yourself with the terms of the Agreement posted on the Contractor's website;

4.4.2. provide reliable and complete information necessary for the conclusion and performance of the Agreement;

4.4.3. to pay for the services provided in accordance with the terms of the Agreement at the prices determined by the Contractor;

4.4.4. promptly notify the Contractor of changes in its details, circumstances and facts that are important for the provision of services under the Contract;

4.4.5. not to copy or distribute without the written consent of the Contractor the consultations, materials, presentations, explanations, other information received during the execution of the Agreement;

4.4.6. provide the Contractor with premises and technical means (in case of providing services at the Customer's location).
5. The price of services and the procedure for settlements
5.1. The price of the Contractor's services is indicated on the Contractor's website.

5.2. The Contractor has the right to unilaterally change the price of any service by indicating the new price of the service on the Contractor's website.

5.3. The cost of the services selected by the Customer is determined on the basis of the invoices that form an integral part of this Agreement.

5.4. Change by the Contractor of the price of the service paid by the Customer is not allowed.

5.5. The Contractor provides the Customer with services subject to their advance payment. The customer makes a preliminary payment for the selected services no later than 5 (five) calendar days before the date of provision of services. The parties may agree on a different payment term for the Contractor's services.

5.6. Calculations between the Customer and the Contractor are made by the methods specified on the Contractor's website.

5.7. In the case of registration of payment documents by the Customer, a reference to the number and date of the account issued by the Contractor must be indicated in the column “Purpose of payment”.

5.8. Payment is considered completed from the moment the funds are credited to the Contractor's current account. Responsibility for the correctness of the transfer of funds rests with the Customer.

5.9. In case of impossibility or refusal to use the services of the Contractor, the Customer shall notify the Contractor in writing no later than 3 (three) calendar days before the date of provision of the service specified in the account. On the basis of a written application, the Contractor shall return the funds paid by the Customer within 5 (five) working days from the date of the Customer's written application indicating the details of the Customer's account.

5.10. In case of impossibility or refusal to use the services of the Contractor less than 3 (three) calendar days before the date of provision of services, the payment made by the Customer for the services will not be refunded unless otherwise agreed by the Parties.

5.11. Payment by the Customer for services means the Customer's full and unconditional agreement with the Public Offer set forth in the terms of this Agreement.

5.12. The price of services includes taxes and fees (other mandatory payments), which are payable by the Contractor in connection with the fulfillment of the terms of the Agreement in accordance with the requirements of the current legislation of Ukraine.
6. Responsibility of the parties
6.1. For violation of the Agreement, the Parties shall be liable in accordance with the provisions of the current legislation of Ukraine and the terms of this Agreement.

6.2. Violation of the Agreement is its non-performance or improper performance, that is, performance in violation of the conditions specified in the content of this Agreement.

6.3. The Contractor shall not be liable for improper performance or non-fulfillment of the terms of this Agreement in the event that the Customer has not provided the information and documents necessary for the provision of services, or in case of incomplete provision of information and documents or provision of contradictory and/or inaccurate information and/or documents.

6.4. The customer is responsible for the accuracy and completeness of the information specified during registration. In the event that the Customer has not specified or incorrectly indicated information about himself, the Contractor is not responsible for the Customer's losses incurred as a result of the refusal to return the prepayment, provide services, and/or the implementation of other actions due to the inability to correctly identify the Customer.

6.5. In case of non-provision of services due to the fault of the Contractor, the Contractor shall return the payment made to the Customer within 5 (five) calendar days on the basis of the written statement of the Customer.

6.6. In case of delay of payment of services by the Customer as of the day of their provision, the Customer shall be deprived of the right to receive services unless otherwise agreed by the Parties.

6.7. In case of delay of payment of services by the Customer, the Customer undertakes to pay in favor of the Contractor a penalty in the amount of double discount rate of the National Bank of Ukraine on the amount of unfulfilled monetary obligation for each day of delay in payment.

6.8. In case of payment by the Customer, but not receiving services for reasons independent of the Contractor's will, such funds may be credited with the consent of the Customer to the account of future payments for services to be provided by the Contractor, or subject to return at the request of the Customer.

6.9. If payment systems are used to pay for services on the Contractor's website, the payment infrastructure service operator shall be responsible for the correctness and timeliness of the transfer of funds, as well as the storage and processing of personal data and other information provided for initiating the transfer of funds, in accordance with the legislation of Ukraine.

6.10. The Contractor is not responsible for violation of the terms of the Agreement, committed by him through the fault of the provider of intermediate services in the information sphere.
7. Circumstances of force majeure (force majeure)
7.1. The Parties shall be exempt from liability for non-performance or improper performance of obligations under the Agreement, if this occurred as a result of circumstances of force majeure, that is, extraordinary and unforeseeable circumstances arising after the conclusion of this Agreement, are independent of the will of the Parties and are beyond their control, which include, in particular, but not exclusively, military actions, revolutions, coups d'état, natural disasters, man-made and other accidents, accidents in the power supply and communication system, strikes, lockups, sabotage and terrorist acts, decisions of state and local authorities, epidemics, pandemics, emergencies that make it objectively impossible to fulfill the terms of the Treaty (hereinafter referred to as “force majeure”).

7.2. Force majeure applies, and the Party for which force majeure has occurred is exempt from liability for violation of the terms of the Agreement if a certificate of the Chamber of Commerce and Industry of Ukraine or the regional Chamber of Commerce and Industry or another official document issued by an authorized body or organization of the State where the force majeure occurred has been obtained.

7.3. The Party for which force majeure has occurred shall notify the other Party thereof within 3 (three) calendar days from the date on which the Party became aware of the occurrence of force majeure and provide the other Party with the appropriate documents to confirm the force majeure.

7.4. Upon receipt of the notification of force majeure by the other Party, the performance of the terms of the Agreement shall be suspended, and the term of performance of obligations under the Agreement shall be extended for the period of existence of force majeure.

7.5. Suspension of performance of the terms of the Agreement means that the Contractor ceases to provide the services provided for in the Agreement, and the Customer must not make further payments for services that have not been provided without negative consequences, penalties and liability for each of the Parties.

7.6. The Party for which force majeure has occurred shall notify the other Party of the termination of force majeure within 3 (three) calendar days from the date on which the Party became aware of the cessation of force majeure.

7.7. Each Party shall have the right to initiate termination of the Agreement if the duration of force majeure exceeds 1 (one) month.
8. Intellectual property rights
8.1. The executor has exclusive rights to intellectual property created during the performance of the Agreement, including the rights provided for by the legislation of Ukraine, the Berne Convention for the Protection of Literary and Artistic Works of 1886 and the World Copyright Convention of 1952, other international legal acts, namely:

8.1.1. the exclusive right to use the object of intellectual property;

8.1.2. the exclusive right to authorize the use of the intellectual property object;

8.1.3. the exclusive right to prevent the unlawful use of the intellectual property object, including the right to prohibit such use;

8.1.4. other intellectual property rights that exist today or will appear in the future.

8.2. The objects of intellectual property for the purposes of this Agreement are, in particular, but not exclusively, the website of the Contractor, information posted on the Contractor's website, including texts, infographics, presentations, images, audiovisual works, etc., working and advertising materials, commercial messages, marketing research in paper, electronic or any other form, software, logos, graphics, sounds, etc., used or created by the Contractor in the process of fulfilling the terms of the Agreement.

8.3. The exclusive rights of the Contractor to intellectual property objects created in the process of performance of the Agreement apply to the finished intellectual property object (in electronic, paper and other forms), as well as to materials obtained in the process of its creation, to audio and video recording, regardless of language and forms of expression, including data compilations and software provision.

8.4. Objects of intellectual property belonging to the Contractor may be used by the Customer under the conditions of a limited non-exclusive license, which excludes the possibility of the Customer's use of intellectual property objects in the sphere identical or related to the activities of the Contractor, as well as the possibility of issuing licenses by the Customer to other persons for the use of intellectual property objects of the Contractor.

8.5. By granting the right to use intellectual property objects to the Customer, the Contractor does not transfer to the Customer exclusive intellectual property rights to such objects and does not grant permission for their use for the purpose of carrying out activities identical to or related to the activities of the Contractor.

8.6. The use of intellectual property by third parties is allowed only with the permission of the Contractor, except for cases provided for by the legislation of Ukraine.

8.7. The Contractor uses intellectual property rights owned by other persons on the basis of licenses, contracts or other legal grounds.

8.8. The Contractor is free to use his skills, know-how and experience, as well as use and disclose any generalized ideas, concepts, methods, techniques received or learned during the performance of the Contract, without disclosing confidential information of the Customer.

8.9. Access to the content and any other intellectual property objects located on the Site, as well as in programs and messengers related to the provision of services to the Customer, is provided exclusively for personal non-commercial use without the right to reproduce (including copy/download/save) such objects in memory of the Student's equipment (any other persons), without the right to distribute the content on the Internet, as well as without the right to any other use not provided for in this Agreement, including the sale, modification, distribution in whole or in parts (elements).

8.10. The Customer grants the Contractor (and/or the Client*) free of charge permission to distribute all works performed by the Customer during the training in social networks, on the Site and/or on any other resources without use for commercial purposes (i.e. without receiving payment from third parties for use). Such works can be performed by one Customer and in collaboration with other Customers or a curator.

* The Client is a person (company) who has applied to the Contractor to carry out a certain research, development of a concept, etc., within which the Customer has developed certain works independently or in collaboration.

8.11. By accepting this contract, the Customer (his legal representative) grants** to the Contractor, as well as to third parties whom he determines, irrevocable, free of charge, non-exclusive permission for photography (photographing a person in accordance with the subject agreed with the photographer) and for video filming (creation of audiovisual works and videos with the participation of a person), as well as for the use of photographs with images and audiovisual works and videograms with the participation of the Customer, in any way, including by publishing them, including on the Internet, reproduction, display, distribution, processing, inclusion in other works, collections, etc., making it known to the public in such a way that its representatives can access the works from anywhere and at any time of their own choosing an unlimited number of times in all countries of the world for an unlimited period of time.

Also, taking into account the norms of Article 308 of the Civil Code of Ukraine, the Customer (legal representative) provides the Contractor, as well as to third parties whom he determines, a free, indefinite irrevocable consent (permission) to the public display, reproduction, distribution of photographs with the image of the Customer and audiovisual works videos and videos with his participation, including for advertising purposes, in particular, but not exclusively: on the sites used by the Contractor, in social networks, in electronic, printed publications, in information and other materials related to the activities of the Contractor.

** In all cases of photo or video shooting, the Contractor will inform the Customer separately, and if the Customer decides to withdraw his consent in accordance with this clause 8.11, the Customer must notify the Contractor in writing to uxtornado@gmail.com. Until receipt of the written notice of the Customer, the Contractor shall accept the Customer's consent as valid and unambiguous, as indicated above.

8.12. Taking into account the norms of Article 296 of the Civil Code of Ukraine, the Customer (his legal representative) provides the Contractor, as well as to third parties whom he determines, free of charge, indefinite consent (permission) to the public reproduction, placement of the name (surname, name) of the Customer, including for advertising purposes, in particular, but not exclusively: on the sites used by the Contractor, in social networks, in electronic, printed publications, in information and other materials related to the activities of the Contractor.
9. Personal data
9.1. Each Party consents to the collection and processing of its personal data (including the collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (distribution, sale, transfer), depersonalization, destruction of personal data, including using information (automated) systems, as well as other activities, which the Parties may perform with respect to personal data in written (paper), electronic and other forms) in particular, but not exclusively, the following personal data: name, surname, patronymic, date birth, data of the identity document (number, series, date of issue, issuing authority, etc.), registration number of the taxpayer's registration card (tax number), data extract from the state register of legal entities and individual entrepreneurs, tax system, information on education and qualifications, phone number, e-mail mail and other data voluntarily provided for the purpose of ensuring the implementation of contractual relations between the Parties, keeping accounting and management records, conducting advertising campaigns and marketing research, sending information and telecommunication means of communication (e-mail, mobile communication, through messengers, applications, social networks, etc.) of electronic commercial messages, communication and relations with state authorities and local self-government bodies, as well as for other purposes covering the legitimate interest of the Contractor.

9.2. The Parties undertake to ensure adequate protection of personal data against unlawful processing and unauthorized access by third parties, including taking the necessary measures to prevent disclosure of personal data of officials, employees, authorized representatives of the Parties, if such personal data have been entrusted to the Party or become known to the Party in connection with the obligation according to the contract.

9.3. By concluding the Agreement, the Customer confirms that he has been informed (without additional notification) about the rights of the subject of personal data established by the Law of Ukraine “On the Protection of Personal Data”, the purpose of processing personal data, the composition and content of the collected personal data, as well as the conditions of access to personal data of third parties.
10. Dispute Resolution
10.1. Disputes arising between the Parties in the course of or in connection with this Agreement shall be resolved by negotiation.

10.2. All disputes of the Parties, on which agreement has not been reached, may be submitted for resolution in court in accordance with the requirements of the current legislation of Ukraine.

10.3. By mutual agreement of the Parties, the dispute may be transferred for resolution to a mediator or other independent professional mediator.
11. Term of the contract
11.1. The Agreement shall enter into force on the date specified in paragraph 1.6 of this Agreement and shall be effective until the Parties fully comply with their obligations under the Treaty.

11.2. The Agreement shall be terminated early:

11.2.1. by mutual agreement of the Parties;

11.2.2. by a court decision that has entered into legal force;

11.2.3. on other grounds provided for by the current legislation of Ukraine and this Agreement.
12. Other conditions
12.1. The Contractor has the right to unilaterally amend the Agreement by publishing amendments to the Agreement on the Contractor's website. Amendments to the Agreement shall enter into force from the date of their publication on the Contractor's website, unless another period of entry into force is specified additionally when they are published.

12.2. The executor under this Agreement has the status of a single tax payer of the 3rd group.

12.3. On issues arising in connection with the conclusion, performance and termination of this Agreement and not settled by it, the Parties undertake to be guided by the norms of the current legislation of Ukraine, in particular the provisions of the Civil Code of Ukraine, the Economic Code of Ukraine and the Law of Ukraine “On E-Commerce”.

12.4. If any provision of this Agreement becomes invalid, it shall not affect the validity of the remaining provisions of the Agreement. In such a case, the Parties shall endeavour, as far as possible, to agree to replace the invalid provision with new valid provisions that allow the Parties' original intentions to be achieved as much as possible.

12.5. The Parties undertake to keep confidential confidential information and commercial secrets that have become known to them in connection with the performance of the terms of the Agreement, not to disclose confidential information and trade secrets of the other Party, and not to use the relevant information in their own interests or those of third parties.

12.6. The parties are fully responsible for the completeness and accuracy of the details provided by them in the documents. The parties undertake to immediately notify each other about the change of name, name, organizational and legal form, location (place of residence), addresses for correspondence, telephone numbers, e-mail addresses, bank and other account details. In case of non-notification, the guilty Party bears the risk of the occurrence of related adverse consequences (including tax).
13. Address and details of the performer
Individual entrepreneur Klymenko Viktor Dmtrovych
02160, Kyiv, 17 Sobornosti Ave., apt. 2-202
EDRPOU 3291014934
Bank account: UA593052990000026002015010406
Bank "Privatbank"
MFI 305299
Is a single tax payer of group 3
uxtornado@gmail.com
Accept