Public offer Agreement on paid provision of the services
This agreement, in which one of the parties, i.e. Private Entrepreneur Olena Guzii (hereinafter referred to as the Contractor), who is a 3d
group unified tax payer on the one hand, and any person, who accepted the given offer (hereinafter referred to as the Customer) on the other hand, hereinafter together referred to as Parties, concluded this agreement (hereinafter referred to as the Agreement). It is addressed to general public and considered to be an official public offer of the Contractor to conclude an agreement with the Customer on providing services, description of which is published in the website GluckBook.com
(after - website).
Contractors, who are aimed at providing Services with the help of the website, as well as Customers, who buy Services (description of which is published in the corresponding section of the website) accept conditions to this Agreement about the following: 1. GENERAL PROVISIONS
1.1. Contractual relations between the Contractor and the Customer are registered in the form of the public offer Agreement by the way of pressing of the button "Order" on the website or by direct appeal to the Contractor that means that the Customer, regardless of his status (physical/ legal person, entrepreneur), in line with Ukrainian legislation, executes conditions of the public offer Agreement, listed below.
1.2. Public offer Agreement is public, i.e. according to articles 633, 641 of the Civil code of Ukraine, its conditions are equal for all Contractors regardless of their status (physical/ legal persons, entrepreneurs). In case of full consent with the present Agreement, the Contractor accepts conditions, the sequence of registration and payment of the Order, provision of services by the Contractor, responsibility for the unscrupulous/dishonest Order and breach of this Agreement.2. TERMS AND DEFINITIONS
"Public offer Agreement" – public agreement, the example of which may be found on the website, its use is obligatory for all third persons, it contains Contractor's offer concerning provision of Services, the description of which may be found on the website of the Contractor, aimed at limited public, including Customers.
"Acceptance" – full and unconditional acceptance by the Customer of the Contractor's Offer by 100% prepayment of the service(s), description of which may be found on the website of the Contractor.
"Offer" – this document "Public offer agreement on paid provision of services" is posted on the internet page https://GluckBook /oferta
"Service" – information consulting services including, but not exclusively, information services and payment for connecting a telegram assistant and/or support for the development of a telegram assistant and/or individual consultation information about which is posted on the website. Services may be provided by means of telecommunication, electronic communication (including the Internet) in person or through third persons.
"Donation" - free payment when the Customer at its discretion transfers any amount for services under this Agreement, as in hryvna as in any other currency.
Button "Order" - click on any button in Ukrainian or Russian languages, in particular, but not exclusively: "connect", "buy", "pay", support, which involves the order Service.
"Customer" – any capable physical or legal person, individual entrepreneur in line with Ukrainian legislation, who has an intention to buy some Service.
"Contractor" – Private Entrepreneur Olena Guzii and any capable physical or legal person, individual entrepreneur, who are owners or disponents of Services in line with Ukrainian legislation by means of Contractor's website and who have an intention to sell them.
"Agreement" – payment service agreement between the Customer and the Contractor, which is concluded by means of Offer Acceptance.
"Legislation" – current legislation of Ukraine, which may be applied to jural relationships, related to fulfilment and/or those that proceed from the fulfillment of obligations, described in this Agreement. 3. SUBJECT OF THE AGREEMENT
3.1. The subject to this Agreement is that the Contractor provides the Customer with paid services under the conditions of the Offer.
3.2. Both, the Contractor and the Customer confirm that current Agreement is not fake or false or concluded under pressure or fraud.
3.3. The Contractor confirms that he acts in accordance with requirements of the current legislation of Ukraine. 4. CONTRACTOR'S RIGHTS AND OBLIGATIONS
4.1. The Contractor is obliged to:
1) While providing Services, the Contractor is obliged to follow the conditions of the Offer;
2) Carry out the Customer's order in case of receiving the payment from the Customer;
3) Provide the Customer with Services in line with offers and descriptions on the website and conditions to this Agreement.
4.2. The Contractor has the right:
1) To unilaterally suspend provision of services hereinafter in case the breach of conditions to this Agreement by the Customer.
2) The Contractor has the right to involve third parties in order to fulfil his obligations of Service provision to this Agreement.
3) The Contractor has the right to change the Offer, which is foreseen in the p. 8.3. of this Offer.
4) The Contractor has the right to publish and spread the information about the course, ways and results of providing Services to the Customer.
5. CUSTOMER'S RIGHTS AND OBLIGATIONS
5.1. The Customer is obliged:
- To pay and receive the order timely under this Agreement;
- To become acquainted with the information about Services, posted on the Contractor's website.
5.2. The Customer has the right:
- To place an order according to the item 6 of this Agreement;
- To get acquainted with the description of Services on the corresponding page of the website.
- 6. ORDER PLACEMENT PROCEDURE
6.1. The Contractor individually places an Order of Service(s) on a corresponding page of the website by the way of pressing of the button "Order" or on the way of receiving the Invoice, and/or by making an Order via email or over the phone, which is indicated in the "Contacts" section of the website.
6.2. The Invoice is being formed within 2 days from the moment of receiving an Order. In case when the Order was sent on the weekend or on holiday, the term of forming the payment Invoice begins on the first business day after the day off.
7. AGREEMENT PRICE AND PAYMENT ARRANGEMENTS
7.1. The price of each separate Service is set by the Contractor and is indicated on the corresponding page of the website. The Price of the Agreement is set by means of adding the prices of all chosen Services, indicated in Invoices. Payment can be in hryvna or in any other currency.
7.2. The cost of the Order may vary depending on the price, quantity or range of Services.
7.3. The Customer may pay for the Order in the following ways:
1) By transfer through the payment system or by transfer through to the current Contractor's bank account, which is indicated in the Invoice. The Customer pays for the Order within three days from the date of receiving of the Invoice in the extent of 100% of the prepayment.
2) Through third parties if the Contractor agreed upon such payment.
3) By other means in concert with the Contractor.
7.4. The Services are considered to be paid by the Customer when the Contractor gets a bank confirmation on receiving the whole sum of payment on the current Contractor's account. In special cases, to the discretion of the Contractor, the fact of payment may be confirmed: a) by the copy of money order in case of cashless form of payment; b) copy of receipt with the seal of a bank, through which the payment was made; c) copy of the payment terminal receipt, etc.
8. DURATION AND CHANGE OF OFFER'S CONDITIONS
8.1. The Contractor starts providing services under this Agreement on the day of beginning the service provision which is indicating on his website.
8.2. The Agreement is concluded without date and enters into effect from the moment of the payment and shall continue until the moment when the Contractor provides the Customer with Services and receives full payment for them.
8.3. The Contractor has the right to introduce changes in to this Offer's conditions and/or to call off the Offer at any moment to his own discretion. In case of introducing changes to the Offer by the Contractor, such changes become valid at the moment when the altered text of the Offer is posted on the Internet, at the web page indicated in p.2 to this Agreement if no other date of commencement is defined additionally during such posting.
8.4. If the Invoice is not paid by the Customer within 5 banking days in the full extent, the Agreement shall be terminated by the Contractor unilaterally, without informing the Customer about such termination. 9. RESPONSIBILITIES OF THE PARTIES AND DISPUTE SETTLEMENT
9.1. Parties are responsible for failed or inadequate fulfilment of conditions to this Agreement in the order, stipulated by this Agreement and current legislation of Ukraine.
9.2. The Contractor is not answerable to the Customer if the customer a) violated terms and conditions of payment and/or b) did not make use of Contractor's services within the period announced by the Contractor on the corresponding page of the website and/or via email and /or other means of telecommunication.
9.3. The Customer understands and comprehends that all promised results from the Services received by the Contractor are the result of the general experience of the previous Customers and, in particular, the Service may not bring the expected result to the Customer.
9.4. The Customer of the service, implementing the information received from the Contractor, rely solely on his own common sense and on his decisions regarding the scope of the Contractor Services.
9.5. The present Customer agrees that third parties acting on behalf and on behalf of PE Olena Guzii are not responsible for the correctness or error of the decisions you have made regarding the rendered Services and any information, products or other materials available to you through the website, audio, video and text materials.
9.6. The Contractor shall not be liable for violation of the terms of the Agreement in case of providing the Customer with false and/or incomplete information about himself during the execution of the order, incl. contact information (e-mail, telephone, etc.), as well as in case of failure to provide the Customer with new contact information (e-mail, telephone).
9.7. In case of non-receipt by the Customer of the Services not due to the fault of the Contractor or the removal of the Customer from participation in the training, course, other event (Service) in connection with violation of this Agreement and/or unilateral refusal of the Customer, the money paid by the Customer for the Service are not returned and any compensation is not given.
9.8. The Contractor shall be liable for violation of the terms of the Contract, except in case if improper performance was due to his fault.
9.9. The Contractor is not responsible for modifying and changing the training program and schedules of classes, as well as for the quality of public communication channels through which access to the Service is provided.
9.10. With Customers - non-residents of Ukraine, all disputes, disagreements or claims arising or related to this Agreement or in connection with it, including its violation, termination (termination) or invalidity, shall be resolved at the International Commercial Arbitration Court at the Chamber of Commerce and Industry Ukraine (hereinafter referred to as the "Court"). The venue of the Court sessions is Kiev, Ukraine.
9.11. In case of disputed, related to fulfilment of the Agreement by the Parties, except from disputes concerning debt collection from the Customer, the Parties are obliged to settle them by means of negotiations, keeping pretentious order. Duration of viewing pretentions constitutes 7 (seven) calendar days from the day it was received. There is no need to keep pretentious order if the disputes are related to debt collection from the Customer.
9.12. All disputes, discrepancies or requirements that result from this Agreement or are related to it, including those related to its fulfilment, violation, termination or nullity, are subject to settlement in a corresponding court according to substantive and procedural laws of Ukraine.
9.13. Joint size of responsibility of the Contractor under the Agreement, including the size of penalty sanctions (fines, penalties) and/or removed injuries in line with any actions or claims concerning the Agreement or its fulfilment is limited to 1% of Service fee under the Agreement.10. FORCE MAJEURE CIRCUMSTANCES
10.1. The Parties are responsible for failure to fulfil any of their obligations, except from payment commitments if they are able to prove that such failure was caused by force majeure circumstances and/or circumstances of insurmountable force, i.e. events or circumstances that are indeed beyond the control of the Party, that began after concluding this Agreement and that are unexpected and inevitable.
10.2. Force majeure circumstances and/or circumstances of insurmountable force include natural disasters, strike, fires, floods, explosions, frosting, wars (both declared and undeclared), epidemics, riots, deterioration of Internet connection and means of telecommunication, which were caused by damage or unfavourable weather conditions, dangers and accidents, embargo, catastrophes, limitations that are imposed by state government bodies (including distribution, priorities, official claims, quotes and price control, etc.) if these circumstances had a direct result on this Agreement's execution.
10.3. The Party which is not able to fulfill its obligations to this Agreement because of Force majeure circumstances and/or circumstances of insurmountable force shall immediately inform the other Party about emergence of aforementioned circumstances. In addition, it shall provide the other Party with confirmation of such circumstances within 30 (thirty) days. Such confirmation may include a paper, certificate or any other corresponding instrument, issued by an official body, located on the place where Force majeure circumstances and/or circumstances of insurmountable force had emerged.
10.4. The time needed for the Parties to fulfil their obligations under this Agreement shall be extended to any other period, during which the fulfilment was extended owing to aforementioned circumstances.
10.5. If because of force major circumstances and/or circumstances of insurmountable force, the failure to fulfill obligations lasts more than three months, each Party has the right to terminate thihs Agreement unilaterally, by informing the other Party about it in a written form.
Regardless of the commencement of force majeure circumstances and/or circumstances of insurmountable force, prior to terminating this Agreement unilaterally owing to these circumstances, the Parties shall conduct final mutual settlements. 11. OTHER CONDITIONS
11.1. Information about the Customer is used to carry out his Order, send offers and information materials of the Contractor and/or posting available feedback of the Customer on services provided by the Contractor.
11.2. By his own acceptance of the Agreement or through registering on the web site or order fulfillment the Customer confirms that he is informed about including his personal data to the database, which is owned by the Contractor in order to process personal information, indicated in this paragraph, as well as about his rights, indicated in Article 8 of the Law of Ukraine "On personal data protection". The Customer voluntarily agrees to personal data collection and analysis with the following aim: available data shall be used for commercial purposes, in particular to process orders for purchase of Services, to receive information about the Order, to send advertisements, special offers, information about sales, lotteries or any other information about Contractor's activity through telecommunication means (email, telephone).
For the purposes, stipulated by this paragraph, the Contractor has the right to send letters, messages and materials to the Customer's email address. The Customer shall also receive SMS and calls to the telephone number indicated in the Order and/or in the application form.
11.3. The Contractor agrees to the processing of his personal data, including placement of personal data into the database (without additional notification), he concedes to permanent deposit of data, its accumulation, refreshment and change (if necessary). The Contractor promises to guarantee data protection from unauthorized access of third parties, not to spread or communicate data to any third party (except from communicating data to related persons, business partners and persons, authorized by the Contractor to carry out direct data processing for indicated purposes, as well as for the compulsory request of the competent official body).
11.4. In case when the Customer does not want to receive mail merge, he has the right to address the Contractor, by writing a statement of refusal from receiving advertisements and/or information materials and sending it via post or email.
11.5. The Contractor is not responsible for the content or faithfulness of information, which is being given by the Customer during order placement.
11.6. Except from guarantees, directly indicated in the Offer's text, the Contractor does not provide any other direct or fictional guarantees to this Agreement and sharply refuses to any guarantees and/or conditions concerning non-infringement of rights and secures correspondence of Services to the specific Customer's purposes.
11.7. While agreeing and accepting conditions of this Offer by means of Offer Acceptance, the Customer (or his representative, including the physical person, duly authorized to conclude the Agreement on behalf of the Customer) assures the Contractor and guarantees the Contractor that:
11.7.1. The Customer (Customer's representative) has submitted reliable data, including Customer's personal data (or Customer's representative) in order to issue payment documents on service payment.
11.7.2. The Customer concludes the Agreement voluntarily, in addition the Customer confirms that he (Customer's representative): a) Fully acquainted himself with conditions to this Offer, b) Fully understands the subject of the Offer and Agreement, c) Fully recognizes the significance and results of his actions concerning the process of conclusion and fulfilment of the Agreement.
11.7.3. The Customer (Customer's representative) has all the rights and powers necessary to conclude and fulfil the Agreement.
11.8. The parties have the right at any time to execute the Agreement in the form of a written bilateral document.
11.9. In case of discrepancies between the English and Ukrainian versions hereof, the Ukrainian version of the Agreement shall prevail.