The public offer agreement

Public offer agreement for the provision of services (offline-online)

homepage The public offer agreement

The following text of the Agreement, addressed to individuals who meet the requirements of this Agreement, is an official public offer (in accordance with Art. 641 of the Civil Code of Ukraine) of the individual entrepreneur Feltov Mykyta Gennadiyovych, acting on the basis of an extract from the Unified State Register. -of Entrepreneurs and Public Associations (registration number 25560000000140503 dated 05.03.2018), hereinafter referred to as the “Contractor” on the terms and conditions specified in the Agreement, according to the list of services posted on the Contractor’s Website. The Agreement shall be deemed to be concluded in accordance with Article 642 of the Civil Code of Ukraine and shall enter into force as a contract of adhesion from the moment you perform the actions provided for in clauses 3.3.1., 3.3.2. of this Agreement, which means your full and unconditional acceptance of all the terms of the Agreement without any exceptions and/or restrictions (acceptance).

1. Definition of terms

1.1. The contract (Offer) is a public contract between the Customer and the Contractor for the provision of services, which is concluded by the Customer’s acceptance of this Offer, and is a contract of adhesion, which can be concluded only by the Customer’s accession to the proposed agreement as a whole.

1.2. Website. – a web page available on the Internet under a domain name: https://actpro.com.ua/ and all (any) sub-domains (sub-domains) of this resource.

1.3. Acceptance of the offer (acceptance of the offer) – full and unconditional acceptance by the Customer of the terms and conditions set forth in this Agreement by filling out the Questionnaire on the website https://actpro.com.ua/ and proper payment of the cost of services. The agreement concluded by the Customer in the form of acceptance of this offer shall be legally binding in accordance with Art. 642 of the Civil Code of Ukraine and is equivalent to an agreement concluded by the Parties in writing. By submitting the Application and making payment in accordance with the terms of this Agreement, it is deemed that the Customer has read and agrees to all the terms of this offer.

1.4. Contractor. – individual entrepreneur, Feltov Nikita Gennadievich.

1.5. Client. – is a user (potential user) of the Contractor’s services under the terms of this Offer, who has provided his/her personal data and consent to their processing, is a legally capable individual who has reached the age of 18 and has the legal right to enter into a contractual relationship with the Contractor.

1.6. Course – a coherent and well-formed presentation of one or more topics in any area of information technology using the Content. Course characteristics are defined in the relevant course offer.

1.7. The content means textual, graphic or any other materials developed, organised, provided for use by the Customer.

1.8. The course offer — information on the characteristics, duration, format, timing of training, form and features of access to the Course, rules of the Course, etc. posted on the Website.

1.9. Applications is an electronic registration form for ordering the Training Course to be filled in by the Customer electronically on the Website in order to provide the Contractor with the information necessary for the Contractor to fulfil its obligations under this Agreement and to confirm the Customer’s entry into this Agreement.

1.10. Link to the website — alphanumeric or other code that allows access to the Contractor’s Website on the Internet.

1.11. Personal reference — a personal alphanumeric or other code that allows the Customer to access the Training Course.

1.12. Lecturer — a person who directly conducts the course.

1.13. Classes– remote lessons with the Teacher using certain software.

1.14. Notification. payment – a message sent by the Contractor to the e-mail specified by the Customer (potential Customer) and/or an SMS message sent to the mobile phone number specified by the Customer, indicating: current information on the cost of services, bank details for payment, etc. The Notice shall be valid for 30 (thirty) calendar days from the date of its sending by the Contractor. After this period, the Notice shall be null and void.

1.15. The Parties are the Contractor and the Customer.

1.16. The bank account of the Contractor is the bank account of the individual entrepreneur Feltov Nikita Gennadievich.

2. Subject of the Agreement

2.1. Under this Agreement, the Contractor undertakes to provide online training services in the field of information technology and to organise and provide the Customer with access to the Course selected by him/her, and the Customer undertakes to pay for the Contractor’s services in the amount and on the terms and conditions stipulated by this Agreement, as well as to comply with the terms and conditions and the procedure for obtaining them established by the Agreement.

2.2. The scope and characteristics of the services under this Agreement shall be determined by the Rate selected and paid by the Customer in accordance with the relevant Rate Offer.

2.3. Without further signing by the Parties of written copies of the Agreement, it shall be deemed concluded from the moment the Contractor receives from the Client the due payment for the Contractor’s services under this Agreement (from the date of crediting the funds paid by the Client to the Contractor’s bank account).

2.4. The services under this Agreement are not educational services within the meaning of the Law of Ukraine “On Education”.

2.5. Each Party warrants to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to enter into and perform this Agreement in accordance with its terms.

2.5.1. The Contractor shall not be obliged to check the Customer’s compliance with the requirements of the Agreement (clause 1.5.) and shall not be liable in case of non-compliance.

2.6. All terms of the Agreement set out in this offer are binding on the Parties. Before using the services, the Customer shall read the terms of this Agreement and other information published on the Contractor’s Website.

2.7. A person who does not agree to the terms and conditions of the Agreement may not be a Party to it and must refrain from registering for the Training. The person who has accepted the Agreement confirms his/her acquaintance and agreement with all the terms and conditions of this Agreement and is considered the Customer in accordance with its terms. The Customer can independently read the terms of the Agreement at any time on the Contractor’s Website and is obliged to periodically re-read the information from the Contractor’s Website, in particular in order to get acquainted with important information about training, which may be updated from time to time.

2.8. This Agreement may be changed by the Contractor unilaterally without prior and subsequent notice to the Customer. The amendments shall enter into force upon publication of the new version of the Agreement on the Website. The current version of this Agreement is available (published) on the Internet at https://new.actpro.com.ua/.

2.9. The Customer understands and confirms that his/her acceptance of the terms of this Agreement and/or use of the Website after the publication of the new version of the Agreement means the Customer’s acceptance of the updated terms of the Agreement. If the Customer does not agree to the new terms and conditions of the Agreement, he/she shall stop using the Contractor’s services.

3. Procedure for concluding the Agreement

3.1. The posting of the text of this Agreement on the Website is an offer of the Contractor to individuals who wish to order the Contractor’s online training services and conclude this Agreement on the terms and conditions specified herein.

3.2. The Offer may be accepted by any individual who meets the requirements of this Agreement and wishes to purchase the Contractor’s services.

3.3. The Offer shall be deemed accepted by the Customer if he/she has performed the following actions in their entirety:

3.3.1. by properly completing the Application for the Course and marking it as accepting the Offer;

3.3.2. after completing the Application, duly paying for the Contractor’s services in accordance with the Payment Notice received from the Contractor.

3.3.3. The payment details for the Contractor’s services shall be specified in the payment notice.

3.3.4 A person who has failed to perform at least one of the actions provided for in clauses 3.3.1, 3.3.2 of this Agreement shall not be the Customer.

3.4. Acceptance of this offer means that the Customer has read all the terms and conditions set out in this Agreement, understands them and unconditionally accepts all these terms and conditions as a whole (in full and without exception) and that the Customer agrees and unconditionally accepts all the terms and conditions of the Course selected and paid for by him/her, posted on the Contractor’s Website.

3.5. The acceptance period is unlimited.

3.6. The Agreement shall be deemed concluded and shall enter into force upon acceptance and shall be valid for the entire period of receipt of the Contractor’s services by the Client or until termination on the grounds specified in the terms of the Agreement and/or the norms of the current legislation of Ukraine.

3.7. The terms of this Agreement apply to any Training Course listed on the Website.

3.8. The terms of the Agreement shall remain unchanged for the Customer from the moment of full payment for the selected Course until the Contractor completes the classes of this Course.

3.9. The Agreement may be terminated at the initiative of the Contractor in case of violation of the terms of this Agreement by the Customer. The Contractor shall notify the Customer of the termination of the Agreement by sending a message to the Customer’s email address specified during the Registration. In this case, the funds paid by the Customer for the Course shall not be refunded.

4. Procedure for participation in the training

4.1. To participate in the online training, the Customer shall register and comply with all the terms and conditions of this Agreement.

4.2. In order to participate in the online training, the Customer shall ensure compliance with the appropriate technical specifications for a personal computer and/or other device.

4.3. The Contractor shall not be liable for the impossibility of the Customer’s participation in the online training, which arose for reasons beyond the Contractor’s control, including due to the Customer’s failure to comply with clause 4.2. Contracts, etc.

4.4. The Contractor shall have the right to change the schedule of classes, duration, and time of classes at its sole discretion, notifying the Customer in advance. However, in any case, the total number of classes provided for in the course cannot be less than the Course Offer that was in effect at the time of payment.
If the Contractor decides to postpone the date/time of a particular lesson, the Customer shall receive a notification:
a message to the e-mail specified during registration
and/or SMS to the mobile phone number specified during registration
about the new date and time of the class, as well as a personal link to participate.

4.5. The Contractor shall have the right not to allow the Customer who has violated or failed to comply with the terms of this Agreement to participate in the lesson. The Contractor shall notify the Customer of this by sending his contact e-mail.

4.6. If the Client misses a lesson for reasons beyond the Contractor’s control, the Client shall not be entitled to demand that it be repeated. A recording of the class is always available.

4.7. During the class, the Customers have the right, if technically possible, to ask questions related exclusively to the topic and content of the class, unless the Teacher informs them of a different procedure for asking and answering questions. Restrictions may be imposed by the Contractor on the entire course of study or certain classes.

4.8. Upon completion of the training course, the Contractor shall decide whether or not to issue certificates to the Customers, depending on the results of their training.

4.8.1. The Client is aware and agrees that the Contractor has the right to issue a certificate to the Client only if the latter successfully completes more than 40% (forty percent) of all tasks provided by the Contractor to the Client during the term of information and consulting services and upon completion of the final project, if any, provided for by this course.

4.8.2. Customers who have not fulfilled the requirements set out in clause 4.9.1. do not receive a contractual certificate.

5. Rights and obligations of the Contractor

5.1. Contractor fulfilment:

5.1.1. Subject to acceptance of the Agreement and fulfilment by the Customer of the terms and conditions of this Agreement, provide the Customer with access to the Course selected by him/her in accordance with the characteristics and rules of the Course specified in the Course Offer. In case the Contractor creates common chats for communication between the Customers, the Contractor shall also provide the Customer with access to the common chat in the messenger.

5.1.2. At the request of the Customer, provide them with advice and information about the Course.

5.1.3. On the Website, in the text of this Agreement, in the Course Offer and/or in any other way available to the Customer, inform the Customer about the rules and requirements for organising the Course, its content and characteristics, the rights and obligations of the Parties in providing and receiving services.

5.2. The Contractor shall be entitled to:

5.2.1. To change, update and improve the Course Offer for its own solution in accordance with the needs of the IT training market, current trends, needs of potential Customers, etc.

5.2.2. Based on the Customer’s application, at its sole discretion, decide on the possibility of refunding the funds paid for the Course to the Customer if the Customer has not started the Course.

5.2.3. Terminate the Customer’s access to the training and all general chats at any stage of the Course, in cases
violation by the Customer of the rules of conduct during the course. These violations include: inciting ethnic conflicts, insulting participants
Course, teacher, forcing them to deviate from the topic of the Course, advertising, obscene statements, etc.
violation by the Customer of its obligations under Chapter 6 of this Agreement
violation of the terms of the User Agreement by the Customer
establishing the fact of violation by the Customer of the intellectual property rights of the Contractor, other Customers, teachers, third parties
establishing the fact of the Customer’s transfer of the details for access to the Course to third parties, the Customer’s distribution of information and materials received in connection with participation in the Course to third parties for a fee or free of charge. The use by the Customer of information and materials obtained as a result of the Contractor’s services for any purpose other than personal non-commercial use
not full payment by the Customer for the services rendered in accordance with clause 7.4
refund to the Customer.

5.2.4. The Contractor shall have the right to involve third parties in the performance of this Agreement by concluding separate agreements with them and taking into account the terms of confidentiality therein. The Contractor shall have the right to transfer its rights and obligations under this Agreement to third parties without the consent of the Client, and the Contractor shall be liable to the Client for the actions of third parties as for its own actions.

6. Rights and obligations of the Customer

6.1. The customer is obliged:

6.1.1. Fill in the Application form on the Website and confirm your unconditional and unreserved consent to the procedure for accessing the Course and the rules of its completion. Such consent shall be deemed to be granted if the Customer has marked the acceptance of the offer in the Course Application.

6.1.2. Shall pay for the Contractor’s services in accordance with the terms of this Agreement.

6.1.3. To comply with the requirements of this Agreement, the rules and procedure for taking the Course specified on the Website, to comply with the requirements of the legislation of Ukraine in the course of performing this Agreement and taking the Course.

6.1.4. To refrain from:

behaviour that may prevent other Course participants, teachers and other persons from participating in the Course and receiving information during the Course;
dissemination of inaccurate, false information, information that discredits the honour, dignity, business reputation of the Contractor, other customers, teachers, third parties, as well as information that encourages and calls for interethnic, ethnic, racial intolerance, hostility, war, changes in the state system of countries, information the dissemination of which is prohibited by the current legislation of Ukraine and international law.

6.1.5. To refrain from other actions not provided for in this Agreement, but containing elements of a criminal or administrative offence, or violating the rights and legitimate interests of the Contractor, other customers, teachers, third parties.

6.1.6. Not to reproduce, duplicate, copy, sell, or use for any other purpose the information and materials that became available to him/her in connection with the provision of services by the Contractor and access to the Course, except for the use of such information and materials by the Customer solely for his/her personal and non-commercial needs.

6.2. The Customer has the right to:

6.2.1. Choose a Course of Study according to your needs.

6.2.2. Receive services in accordance with the terms of this Agreement.

6.2.3. To gain access to the Course from the beginning of the Course, provided that the Client has duly fulfilled its obligations under the Agreement and has not breached it.

6.2.4. To apply to the Contractor with a written request to resolve the issue of refunding the funds paid for the Course before the expiration of 48 (forty-eight) hours after the completion of the first lesson of the Course.

7. Payment procedure

7.1. The current cost of services under this Agreement shall be set in the national currency of Ukraine and shall be communicated to the Customer by sending a Notice of Payment by the Contractor.

7.1.1. The cost of the respective Course may be changed by the Contractor after 30 (thirty) calendar days from the date of sending the Payment Notice.

7.2. The price of the Course shall be deemed to be the price in effect at the time of crediting the due payment for the Course from the Customer to the Contractor’s bank account.

7.3. The cost of the Course shall remain unchanged for the Customer from the moment of due payment until the end of the paid Course.

7.4. Payment for the Contractor’s services under this Agreement shall be made in the form of:
full 100% (one hundred per cent) prepayment. In this case, an additional discount of 5% (five percent) of the cost of services is provided;
or
partial payment:
– if the Course lasts more than 30 lessons, payment is made by transferring 3 (three) equal instalments. The first instalment is paid before the start of the Course and the next 2 (two) instalments are paid within 30 (thirty) calendar days of each subsequent month from the date of the first lesson
– if the Course lasts less than 30 lessons, the payment is made by transferring the payment for the first month of the Course before the start and subsequent payments within 30 (thirty) calendar days of each subsequent month from the date of the start of the first lesson.

7.5. The funds transferred by the Customer for the Contractor’s services shall be credited to the Contractor’s bank account exclusively in the national currency of Ukraine.

7.6. If the Client transfers payment for the Contractor’s services in a foreign currency, he/she shall do so through the LiqPay payment system.

7.7. The cost of services does not include any fees charged by banks or payment systems for payment and/or currency conversion. The Customer shall pay additional commission expenses for making payments under this Agreement. The Client shall also bear all the above costs in case the Contractor returns full or partial payment for the Contractor’s services.

7.8. The Services shall be deemed paid when the due payment for the Course is credited to the account specified by the Contractor in the Payment Notice.

7.9. Current information on discounts on the cost of a particular Course(s) is posted on the Website.

7.10. The total discount on the cost of the Course may not exceed 25% (twenty-five percent) of the full cost of the Course.

7.11. The same discounts cannot be combined or summed up by adding the face value of the discounts together. One person can use only one discount certificate to pay for the selected course.

7.12. If a refund is required, the Customer shall contact the Contractor at the contact phone number indicated on the Website and request a refund. After that, the Customer shall duly execute and send the Contractor a scanned copy of the refund application from the registered e-mail address, indicating the following data: surname, name, patronymic; Course name; date of order; information on payments (amount, date of transfer), reasons for refusal of services, etc.

7.12.1. In case of improper execution of the request for a refund and/or absence of the necessary information in the Customer’s refund application, the Contractor shall have the right not to consider such a request and shall not be liable for it.

7.13. When refunding funds, the Contractor shall use the payment methods used by the Customer. If the Customer has used several different payment methods, the Contractor may use any of them at its discretion. All additional services and fees of banks and payment systems related to the refund will be deducted from the refund amount.

7.14. The term for consideration by the Contractor of any Customer’s application for a refund of the funds paid for the Course shall be 20 (twenty) calendar days from the date of receipt of the Customer’s duly executed application.

8. Responsibility of the Parties

8.1. The Parties shall be liable for non-fulfilment or improper fulfilment of the obligations specified in the Agreement in accordance with the applicable laws of Ukraine and the requirements of the Agreement.

8.2. If the Customer has made payment for the provision of services untimely and/or not in full, the Contractor shall have the right to terminate the Agreement and refuse the Customer’s admission to the Course without refunding the payment.

8.3. In case the Customer violates the intellectual property rights of the Contractor, Lecturers, other Customers, including in case the Customer transfers any information, materials received during the Course to third parties upon revealing the facts of the Customer’s use of these materials, information for commercial purposes, the Customer shall be liable for such violation:
• removal of the Customer from participation in the Course (termination of access to the Course), unilateral termination of the Agreement without refund of the Course fee
• and reimbursement to the Contractor of direct and indirect losses caused by such violation.

8.4. Any actions of the Client aimed at preventing the Contractor from providing services to other Clients, or which resulted in the failure to provide, improper provision of services by the Contractor under this Agreement, shall result in the termination of this Agreement without refund of the amount of payment for services to the Client.

8.5. The Contractor shall not be liable for:

8.5.1. inability to provide services for reasons beyond the Contractor’s control, including force majeure, disruption of communication lines, absence or malfunction of equipment not owned by the Contractor, absence and/or deterioration of the quality of communication and data transmission provided by mobile operators and Internet providers;

8.5.2. violation of equipment safety or malfunction of equipment used by the Customer to receive services;

8.5.3. any losses of the Customers or third parties that arose through no fault of the Contractor.

8.6. Information about a particular Course and the specifics of the Customer’s access to the Course (including the technical specifications of the equipment required to access the Course) is posted on the Website. In case the Customer’s technical equipment does not meet the requirements specified on the Website, the Contractor shall not be liable for the Customer’s inability to access the Course.

8.7. In case of violation by the Contractor of the terms of provision of services, the Contractor’s liability shall be limited to the extension of the terms of provision of services or provision of services within a new timeframe until their full performance.

8.8. In any case, the Contractor’s aggregate liability to the Customer under any claim or demand of this Agreement shall be limited to the amount of the cost of the service provided under the Agreement.

9. Intellectual property

9.1. The Contractor grants the Customer a non-exclusive, non-sublicensable, revocable licence, which extends to the territory of all countries of the world, to use the Content and the Courses on the terms and conditions set forth in this Agreement and for the term of the Agreement exclusively in the types (methods) of use technically provided by the Website.

9.2. The right to use the Content, Courses, materials obtained in the course of the Contractor’s services is limited to personal non-commercial purposes and is not allowed for any other purpose.

9.3. The Contractor reserves all exclusive intellectual property rights to the Content and the Courses, including the right to prevent and prohibit unlawful use by third parties.

9.4. The Contractor does not grant the Customer any rights to use trademarks for goods and services that may be contained in the Content, the Courses, as well as on the Website.

9.5. In case of reasonable suspicion of infringement of intellectual property rights of third parties by the materials contained in the Content, Courses, on the Website, the Contractor reserves the right to suspend access to such materials without prior and further notice to the Customer and shall not be liable for making such changes.

10. Disclaimer of warranties

10.1. The Customer agrees that he/she shall use the Contractor’s services solely at his/her own discretion and shall be solely responsible for this.

10.2. The Contractor shall not be liable for any results, achievements, acquisitions, income, reputational and other risks, etc. that may arise when using the Contractor’s services.

10.3. The results of different customers may differ significantly when using the same services. By using the Contractor’s services, the Customer waives any claims against the Contractor regarding the results of using the Contractor’s services.

10.4. The customer is informed that his/her disagreement with the opinion of the teachers and the content of the training courses is not a ground for a refund.

11. Circumstances of force majeure (force majeure).

11.1. A Party shall not be liable to the other Party for any damages or losses resulting from late performance or non-performance of this Agreement, in whole or in part, if it is caused, in whole or in part, by force majeure beyond the control of the Parties and without negligence of the Parties.

11.2. Such circumstances, events or causes include (but are not limited to) Threat of war, armed conflict or serious threat of such conflict, hostile attacks, blockades, embargoes, acts of a foreign enemy, general military mobilisation, military operations, declared and undeclared war, acts of a public enemy, riots, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, insurrection, rebellion, mass disorder, imposition of curfew, expropriation, compulsory acquisition, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in transport operation regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, ban (restriction) on export/import, etc. д., as well as caused by exceptional weather conditions and natural disasters, namely: epidemics, epizootics, pandemics, severe storm, cyclone, hurricane, tornado, flood, snow accumulation, ice, hail, frost, freezing of the sea, port straits, passes, earthquake, lightning, fire, drought, subsidence and landslides, other natural disasters, etc.

11.3. The fact of the occurrence and duration of force majeure must be documented by a competent state authority in accordance with the current legislation of Ukraine. In the event of force majeure, the Party whose obligations are impeded by such circumstances shall notify the other Party in writing within ten (10) calendar days from the date of their occurrence.

11.4. The Contractor shall have the right to notify the Customers of the occurrence of force majeure circumstances by posting the relevant information on the Website. The Customers shall be deemed to be notified from the moment the information on force majeure circumstances is posted on the Website.

12. Additional terms and conditions

12.1. The laws of Ukraine shall apply to this Agreement and its interpretation. All disputes under this Agreement shall be resolved in the courts of Ukraine. In all matters not regulated by this Agreement, the Parties shall be governed by the applicable laws of Ukraine.

12.2. The pre-trial complaint procedure for resolving disputes between the parties shall be mandatory under this Agreement. The term for consideration of the claim is 20 (twenty) calendar days from the date of its receipt.

12.3. If the dispute cannot be resolved in a complaint procedure, either Party shall have the right to apply to the court. The Parties agree that all disputes under this Agreement shall be resolved in court at the location of the Contractor.

13. Details and contacts

The performer:
FOP Feltov Nikita Gennadievich
Account number UA763287040000026004054202988, Bank “Privatbank”, city. Odesa, MFO 328704
65045 Odesa, 63 Bazarna St., Office 912
State Tax Identification Number 3022201839,
Single taxpayer – group 3

The public offer agreement