1. Terms and General Provisions.
1.1. Services — a set of advisory services provided by the Performer in the manner and on the terms determined by this Agreement and the Course Programs, which are an integral part of this Agreement.
1.2. Public Offer — the Performer's proposal (set out on the Performer's Website), addressed to an unlimited circle of individuals in accordance with the legislation of Ukraine, to conclude this Agreement on certain terms.
1.3. Performer's Website — a web page on the Internet at https://legko-v-uchebe.com, which is the official source of informing Users about the Performer and the services they provide.
1.4. Acceptance — full, unconditional, and irrevocable acceptance by the User of the terms of the Public Offer of this Agreement and the Program of the corresponding Course.
1.5. User — an individual who has reached the age of 18 and has performed an Acceptance of the Performer's Public Offer set out in this Agreement, and has paid the cost of the Services.
1.6. Parties — the Performer and the User.
1.7. Course — expressed in the form of a lecture (master class, training) or an audiovisual work (webinar or online training), a set of advisory services aimed at transmitting information to the Client on a given topic in order to provide them with the opportunity to form a certain idea about the subject under consideration, as well as to develop certain skills in the studied field of activity.
1.8. Course Program — detailed conditions for providing a specific Service, including, but not limited to, the following conditions:
1.8.1. Title, subject, and content of the Course, names of trainers;
1.8.2. Number of hours and/or schedule (timetable) of the Course;
1.8.3. Cost of the Course.
1.8.4. Payment procedure, etc.
1.9. Reproduction (downloading) – a form of User access to the Course, in which a copy of the Course is created in electronic (digital) form with or without being saved in the memory of the User's Devices.
1.10. Device — means an electronic computing machine (ECM) and/or another device functioning on the principle of an ECM, capable of processing and reproducing sound and image, both stationary and portable (including, but not limited to: mobile phones, smartphones, PDAs, etc.), which has the ability to access the global Internet.
2. Subject of the Agreement.
2.1. The Performer undertakes to provide the User with advisory services in the field of information technology, namely, the organization of the User's completion of a training Course (training) or master class (hereinafter — “Course”) on a paid basis, in accordance with the terms of this Agreement, and the User undertakes to accept and pay for such Services.
2.2. The User undertakes to pay the Performer the cost of the Course they are purchasing.
2.3. The Parties agreed that the detailed content (topic names, format, number of academic hours or class schedule, etc.) of the training Course (training) is agreed by the Parties in the training Course (training) Program, which is posted on the Performer's Website.
2.4. The Parties agree that the Performer does not guarantee any financial or other results of the User's application of the Courses purchased from the Performer in their activities.
2.5. No claims regarding the effectiveness of the knowledge and skills obtained by the User as a result of listening/viewing the Courses can be made against the Performer. Responsibility for the use of this knowledge and skills, as well as for any results, direct or secondary effects obtained as a result of using this knowledge and skills, lies entirely and completely with the User.
3. Terms of Service Provision.
3.1. Advisory services are provided in the form of a lecture (master class or training) or in the form of remote reproduction of the Course on the User's Device (recording or live broadcast), in accordance with the curriculum and class schedule (timetable) developed by the Performer and contained in the Course Program posted in the corresponding section of the Performer's Website.
3.2. The term (schedule) of training is determined in accordance with the Course Program.
3.3. Acceptance of this Agreement is recognized as the Client's payment, full or partial, of the cost of the corresponding Course and means full and unconditional acceptance by the User of the terms of this Agreement and is equivalent to the User's handwritten signature under the Agreement.
3.4. From the moment the funds are credited to the Performer's account, this offer is considered accepted, and the agreement concluded.
3.5. Acceptance Procedure:
3.5.1. The User selects a Course on the Performer's website and becomes acquainted with the payment terms.
3.5.2. After selecting the required Course(s), the User fills out an application for a consultation or immediately goes to the cart and makes a payment.
3.5.3. If the Course is provided in a remote format (webinar, online training), then before the start of such a Course, the User receives a link for access to this Course, which will be sent to the email address specified by the User when purchasing the Course.
3.5.5. From the moment of acceptance of this Offer, a unilateral refusal of the Agreement by the User is inadmissible.
3.5.6. The service is considered provided from the moment the Performer provides all information and completes the entire program provided for in the corresponding Course Program.
4. Rights and Obligations of the Performer:
4.1. The Performer has the right:
4.1.1. To receive from the User information necessary for the provision of services under this Agreement;
4.1.2. To receive payment for the provided services in the amounts and terms provided for by this Agreement and the corresponding Course Program.
4.1.3. To cancel, interrupt, or postpone any Courses, change their materials, the value and weight of any assignment, test, or exam.
4.1.4. To publish any materials and reviews created by the User in the process of passing the Course, without any restrictions or compensation from the User.
4.2. The Performer undertakes:
4.2.1. To provide the User with advisory services in the amount in accordance with this Agreement and the corresponding Course Program.
4.2.2. To inform the User about the rules and requirements for organizing the provision of advisory services, their quality and content, and the rights and obligations of the User when receiving services.
4.2.3. To develop a curriculum, organize classes;
4.2.4. If necessary, to provide the User with teaching and methodological materials and literature.
4.2.5. To issue an electronic certificate of completion of the training Course, which will be stored on the Performer's website for 60 (sixty) calendar days after the end of the Course. The User has the right to print such a certificate independently.
5. Rights and Obligations of the User.
5.1. The User has the right:
5.1.1. To receive Services of proper quality in accordance with the Course Program.
5.1.2. Provided they successfully pass the training course, to receive a Certificate of its completion.
5.2. The User undertakes:
5.2.1. To study conscientiously under the program, attend theoretical and practical classes, not to miss them without valid reasons.
5.2.2. To perform homework within the process of passing the Course, in accordance with the instructions of the Performer and/or their representatives, and within the terms specified by them.
5.2.3. To timely pay for the Services in the amounts and terms established by this Agreement and the Course Program.
5.2.4. To comply with the requirements of the legislation of Ukraine and the requirements of the Agreement on the organization of Service provision.
5.2.5. To refrain from actions during the process of passing the Course that:
5.2.5.1. may prevent other Users, invited persons, or lecturers from participating in the Course and receiving information during the Course.
5.2.5.2. may lead to damage to the property of other users, invited persons, lecturers, or the Performer, owners or users of the premises where the Course is held.
5.2.5.3. violate public order, including offending those present, using obscene expressions and/or loud conversations, creating noise using devices, etc.
5.2.5.4. humiliate the honor, dignity, and business reputation of the Performer, other users, invited persons, or lecturers, including by posting information on the Internet, in printed publications, mailings, or in another way that has a public character.
5.2.5.5. manifest themselves in the use of audio or video equipment for the purpose of copying Course materials or without such a purpose.
5.2.6. In the case provided for by the Course Program — to pass the final internal test (exam).
6. Cost of Services and Payment Procedure.
6.1. The total cost of services provided to the User under this Agreement is the total amount of the Courses paid by the User.
6.2. The cost of a specific Course is determined by the Performer in the Course Program, which is posted on the Performer's Website or communicated by the manager of the Performer's company personally to the client.
6.3. The cost of the Services provided for by this Agreement is paid by the User in non-cash form, by transferring to the current account of the Performer or by paying on the website.
6.4. The Performer has the right not to return funds paid by the User for training if the User has listened to more than one Course session and refused the Services.
6.5. In the event of early termination of the Agreement at the initiative of the Performer — the Performer returns funds only for those Course sessions that were not conducted by the Performer. Conducted Course sessions in this case are not compensated.
6.6. If the User refuses training before the start of the Course, the Performer returns the paid advance in full. In the case of payment of the entire amount — 100% of the cost of the Agreement, the User is returned funds in the amount of 90% of the paid funds.
6.7. The amount of payment is established for the entire term of the Course and cannot be changed.
7. Liability of the Parties.
7.1. For failure to perform or improper performance of obligations under this agreement, the parties bear responsibility in accordance with the current legislation of Ukraine.
7.2. THE PERFORMER'S SERVICES AND ALL RELATED MATERIALS ARE PROVIDED "AS IS", WITHOUT EXPRESS OR IMPLIED WARRANTIES. THE PERFORMER PROVIDES NO WARRANTIES, INCLUDING MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING FROM BUSINESS RELATIONSHIPS OR TRADE USAGES. IN ADDITION, THE PERFORMER DISCLAIMS LIABILITY RELATED TO THE USER'S ACCESS TO THE SERVICES AND RELATED MATERIALS, AS WELL AS TO THEIR USE. THE USER AGREES THAT THEY ACCESS THE SERVICES AND RELATED MATERIALS AND USE THEM AT THEIR OWN RISK.
7.3. To the maximum extent permitted by the laws of Ukraine, the Performer is not liable for indirect, incidental, actual, consequential, or direct damages, directly or indirectly lost profits or loss of income, loss of data, operational qualities, goodwill, or other intangible values related to a) User access to the Services and their use or inability to access or use; b) materials or behavior, including defamatory, offensive, or illegal, of any third party; or c) unauthorized access, use, or modification of User materials or information. In no event shall the aggregate liability for all claims regarding services exceed the greater of the following two amounts: twenty US dollars ($20) or the total amount received from the User for the use of paid services during the last six months.
7.4. The User agrees that the disclaimer of warranties and limitation of liability set out in these terms reflect a reasonable and fair distribution of risks and are also a necessary condition for the provision of services by the Performer for an affordable fee.
7.5. The User agrees that any lawsuit related to the Services must be submitted to the court within the statute of limitations of one (1) year after the grounds for it arise; otherwise, such ground is considered invalid.
7.6. The User agrees that in case of non-compliance by the User with clause 5.2.3 of this Agreement regarding the obligation to make payment on time, the Performer has the right not only to suspend the provision of services and access to the Course until payment is made but also to terminate this Agreement based on clause 9.1.3 of this Agreement.
7.7. In case of violation by the User of clause 12.1 of this Agreement and the use of course materials not for personal purposes, distribution of Course materials in any way and regardless of the circle of persons, the Performer has the right to terminate this Agreement unilaterally, block the user's access to the Course and/or the website, without returning the funds paid by the User for the Course.
8. Force Majeure.
8.1. The Parties are released from liability for non-performance of obligations if this non-performance is caused by circumstances that do not depend on the will of the Parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of authorities or administration, etc., which makes it impossible to fulfill the terms of this Agreement (hereinafter Force Majeure).
8.2. Force Majeure applies, and the Party for which it occurred is released from liability for violation of the terms of this Agreement, if there is a written confirmation (conclusion, certificate) from the Chamber of Commerce and Industry of Ukraine about the occurrence of force majeure.
8.3. The Party for which Force Majeure occurred undertakes to immediately notify the other Party and provide documents confirming the Force Majeure.
8.4. From the moment such notification is received by the other party, the fulfillment of the terms of this Agreement is suspended for the entire period of Force Majeure.
8.5. In case of Force Majeure circumstances lasting more than 3 months, each of the parties has the right to initiate termination of the Agreement.
9. Termination of the Agreement.
9.1. This Agreement terminates:
9.1.1. By agreement of the parties;
9.1.2. If it is impossible for a Party to fulfill its obligations under the Agreement due to the adoption of normative legal acts that changed the terms established by this Agreement, and either Party does not agree to amend the Agreement.
9.1.3. In cases of violation by the User of the conditions provided for in clauses 5.2.3, 5.2.4, 5.2.5, 12.1 of this Agreement.
9.1.4. In other cases provided for by this Agreement and the current legislation of Ukraine.
9.2. The effect of the agreement is suspended in case of refusal of the entire group to pass the Course, along with which the User passes this Course.
10. Processing of Personal Data.
10.1. The User confirms that they voluntarily and free of charge provide consent to the processing of their personal data (including surname, first name, and patronymic, registered place of residence and/or actual place of residence, identification number, state registration data; bank details, phone numbers, and email addresses, etc.) in the Performer's personal database "Clients", including collection, registration, inclusion in the database, accumulation, storage, adaptation, modification, update, use, distribution (dissemination, transfer), depersonalization, destruction of personal data in the database on the territory of Ukraine in order to fulfill obligations under this agreement and in order to ensure the implementation of tax relations, business relations, civil law relations, and relations in the field of accounting. The User consents to the transfer of their personal data to third parties in the minimum necessary volumes and only for the purpose of fulfilling obligations under this Agreement, which correspond to the objective reason for collecting the relevant data.
10.2. The User confirms that they were informed of their rights defined by the Law of Ukraine "On the Protection of Personal Data" of June 1, 2010 No. 2297-VI, with amendments and additions, and the purpose of processing and collecting personal data.
11. Term of the Offer.
11.1. This Public Offer enters into force from the moment of its placement on the Performer's Website and is valid until its withdrawal by the Performer.
11.2. The Performer has the right at any time to make changes to the terms of the Offer and/or withdraw the Offer at any time at their discretion. In case the Performer makes changes to the Offer, such changes enter into force from the moment of placing the changed text of the Offer on the Performer's Website, unless another term for the entry into force of the changes is defined directly in the text of the changed Offer.
12. Intellectual Property.
12.1. The Performer provides the User with a limited, personal, non-exclusive, non-transferable, and revocable license to use the Services and any materials or information obtained during the Course or on the Website. Materials and any information provided as part of the Services or on the Website can be used by the User only for personal non-commercial use, except in cases where the User has received written permission from the Performer to use them for other purposes.
12.2. The User agrees to create and use only one account and not to transfer access or credentials for access to it to third parties.
12.3. The use of Services does not give the User the right of material or intellectual property to the Services or materials used.
12.4. Together with the materials created in the process of passing the Course, the User provides the Performer with a fully transferable, free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, publicly distribute, and reproduce User materials, as well as to create derivative works and use for other purposes.
12.5. The license specified in clause 12.4 of this Agreement gives the Performer the right to provide User materials to other Users who will subsequently purchase the Performer's Services. This condition does not limit other legal rights of the Performer to User materials, for example, under other licenses. The Performer has the right to delete or change User materials for any reason, including if, in the Performer's opinion, they do not comply with the Agreement.
13. Final Provisions.
13.1. The Parties established that any disputes and claims will be resolved by the parties through negotiations.
13.2. The Parties realize that the Services are provided by the Performer, who is registered and acts according to the legislation of Ukraine, whose place of residence is also registered in Ukraine.
13.3. Taking into account clause 12.2. of this Agreement, the Parties agreed to consider the place of residence of the Performer specified in Art. 14 of this Agreement as the place of conclusion of this transaction and the place of Service provision.
13.4. By accepting this Offer, the User agrees that all disputes related to this Agreement will be considered in accordance with the legislation of Ukraine without regard to the norms of conflict of laws. The User also agrees that all such disputes are in the exclusive competence of the courts of Ukraine.
13.5. Headings used in the articles and clauses of this Offer are used only for reference and convenience of using the text. These headings cannot be considered as defining, limiting, or changing, or affecting the meaning and sense of the terms of this Offer or any part of it.
13.6. If any of the provisions of this Offer is found invalid, the validity of its remaining provisions is not lost from this.
13.7. In all cases not provided for by this Offer, the Parties are guided by the current legislation of Ukraine.