On the provision of online training services by LLC “CLINIC 311,”Director: Rostyslav Lyubomyr Valikhnovskyi,EDRPOU Code: 32373211.
1.1. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer to conclude the Agreement in its entirety, without signing a written copy of the Agreement by the Parties.
1.2. The contract is a contract of accession with all the consequences defined by Art. 634, 641, 642 of the Civil Code of Ukraine.
1.3. The contract is considered concluded (the offer is considered accepted) from the moment of any of the following actions:
1.4. By accepting this Agreement, the Customer confirms the fact of familiarization, agreement and acceptance of all the terms of this Agreement in full without exceptions.
1.5. If the Customer does not agree with the terms of this Agreement, he has no right to enter into this Agreement, and also has no right to use the services under this Agreement.
2.1. After accepting this Agreement, the Contractor offers and undertakes to provide the Customer with online training services (hereinafter referred to as "services").
2.2. Online training services of the Contractor may include one or more areas, namely:
The scope of each of the directions, their description, duration of online classes, and other information are posted on the Performer's web page at the link: _______________________.
2.3. The contractor confirms that he has the right to provide services under this Agreement, in accordance with the requirements of the current legislation of Ukraine.
3.1. Services under this Agreement are provided by the Contractor by conducting online classes in real time or on recording, in the direction chosen by the Customer, and/or providing the Customer with access to educational and informational online materials.
3.2. After accepting this Agreement, the customer is granted access to the online platform/service, on which links to online classes and/or educational and informational online materials (video, text, etc.) will be posted during the calendar month. The performer can send a recording of online classes (after they have been conducted), and/or educational and informational online materials (video, text, etc.) to the Customer's email address or other messenger, at his request.
3.3. In the case of impossibility of conducting online classes in the previously determined terms, for reasons beyond the control of the Contractor, the Contractor may postpone the dates of their holding by notifying the Customer about this by posting information on the Contractor's website at the link: __________________________.
3.4. Services under this Agreement are considered to be provided by the Contractor:
3.5. All claims of the Customer regarding the provision of services under this Agreement shall be accepted by the Contractor for consideration in writing, within 2 (two) calendar days from the moment of provision of services. The Contractor considers the claim received from the Customer within 7 (seven) calendar days from the day of its receipt. Claims received by the Contractor after the specified period are not considered.
3.6. If the Contractor has not received a claim within the period specified in clause 3.5 of this Agreement, it is considered that the services have been provided by the Contractor properly, in full, without comments and signing the act of acceptance and transfer of the services provided. Acts of acceptance and transfer of the provided services can be signed at the request of the Contractor.
4.1. The executor is obliged to:
4.2. The executor has the right to:
5.1. The cost of the Contractor's services is posted on the web page at the link: ________________________ and depends on the time the Contractor provides services to the Customer under this Agreement.
5.2. The cost of the services does not include the commission of banks/payment systems charged at the time of payment.
5.3. Payment for services is made by the Customer in the national currency of Ukraine, in non-cash form by transferring funds to the Contractor's account specified in this Agreement or by means of payment systems, by making an advance payment or in accordance with the schedule on the web page at the link: ____________________.
5.4. The date of payment for services is the date of crediting of funds to the Contractor's account.
5.5. During the payment, the Customer indicates in the payment destination: P.I.B. and the term of study for which the funds are paid. After making the payment, the Customer notifies the fact of payment, his contact data (phone, e-mail) and other information necessary for the Contractor to provide services under this Agreement in any way convenient for him. In the event that the Customer does not provide the specified information, the Contractor shall not be liable for failure to provide services under this Agreement.
6.1. All copyright and related rights to recordings of online classes, educational and informational online materials (video, text, etc.) that became known to the Customer during the course training belong to the Contractor. The customer has the right to use them only for personal purposes.
6.2. The Customer has no right, without the written consent of the Contractor, to transfer access to the received recordings of online classes, educational and informational online materials to third parties, publish, publicly reproduce in any way and in any form, repeat, copy, and use in commercial goals.
7.1. The Parties are responsible for non-fulfillment and/or improper fulfillment of the terms of this Agreement in accordance with current legislation and this Agreement.
7.2. The Contractor is not responsible for non-compliance of online classes and/or online informational materials with the Customer's expectations based on his subjective assessment.
7.3. The Contractor is not responsible if the Customer was unable to use the services for reasons beyond the control of the Contractor (the Customer’s lack of appropriate software, its malfunction or the presence of other technical limitations, the absence or limitation of access to the Internet, refusal to participate in online training for reasons independent of the Performer, etc.). In this case, the paid cost of the services will not be returned, and the Contractor will not make any compensation.
7.4. In the event that the Customer was not provided with the services under this Agreement, due to the fault of the Contractor, the paid cost of the services shall be returned by the Contractor within 30 (thirty) calendar days from the moment of receipt of the written demand (provided there is direct fault of the Contractor).
7.5. In the event that the Customer transfers any educational or informational online materials (video, text, etc.), recordings of online classes and other data received by him under this Agreement to third parties without the written consent of the Contractor, including for commercial purposes, the Contractor shall the right to terminate the Customer's access to online training and to demand compensation for the losses caused by the Customer.
8.1. By accepting this Agreement, the Customer, in accordance with the Law of Ukraine "On the Protection of Personal Data", gives the Contractor his irrevocable consent to the processing of the Customer's personal data, and also gives his consent to the transfer of such data to third parties for the purpose of fulfilling this Agreement.
9.1. The Parties are released from responsibility for full or partial non-fulfillment of their obligations under this Agreement, if such non-fulfillment was the result of force majeure circumstances that arose after the conclusion of this Agreement and which the Parties could neither foresee nor prevent with reasonable measures.
9.2. Force majeure circumstances (circumstances of force majeure) under this Agreement are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations provided for in the terms of the Agreement, obligations in accordance with legislative and other regulatory acts, namely: threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, acts of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, acts of a public enemy, disturbances, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, mutiny, uprising, mass riots, introduction of curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, embargoes, prohibition (restriction) of export/import, etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, strong storm , cyclone, hurricane, tornado, storm, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters; other events in the host country or region that pose a threat to the life, health and personal safety of people beyond the control of the Parties, etc.
9.3. The Party for which it is impossible to fulfill the obligations assumed due to force majeure circumstances (circumstances of force majeure) must immediately, using any available means, notify the other Party of such circumstances in the shortest possible time: about the time of occurrence, possible duration and likely date of termination of these circumstances.
9.4. In the event of force majeure (force majeure circumstances), the obligations under this Agreement are transferred for the duration of such circumstances.
9.5. The presence and duration of force majeure circumstances (circumstances of force majeure) must be duly confirmed.
10.1. The Contractor reserves the right to make changes to the terms of this Agreement. In case of amendments to this Agreement, they shall enter into force from the moment of publication of the Agreement in the new version.
10.2. All disputes arising from the execution of this Agreement shall be resolved by the parties through negotiations. In the event that disputes are not resolved through negotiations, they are resolved in accordance with current legislation.
LLC “CLINIC 311”
EDRPOU Code: 32373211
Bank Account: UA213252680000000002600756132
MFO Code: 325268
Ukraine, 03035, Kyiv, 16 Vasyl Lypkivskyi Street
VAT Certificate: 100222664
Taxpayer Identification Number (TIN): 323732126583
Phone: +38 (098) 111 19 11
Email: r.valikhnovskyi@gmail.com