Public offer agreement

PUBLIC CONTRACT (offer) for the provision of services

This contract is an official and public offer of the Contractor to enter into a contract for the provision of services presented on the website https://thecapital.com.ua/university/ This contract is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all Customers, regardless of their status, without giving preference to one Customer over another. By concluding this Agreement, the Customer fully accepts the terms and conditions and procedure for registration, receipt and payment of services and other terms of the Agreement. The Agreement is considered concluded from the moment of clicking the "Pay course" button on the order page in the "Course" section and the Customer receiving confirmation of the order from the Contractor in electronically.

1. Definition of terms

1.1. Public offer (hereinafter - the "Offer") - a public offer of the Contractor, addressed to an unspecified circle of persons, to enter into a contract with the Contractor for the provision of services remotely (hereinafter - the "Agreement") on the terms contained in this Offer.

1.2. The service is the object of the parties' agreement, which was selected by the Customer on the Contractor's website and purchased by the Customer from the Contractor remotely.

1.3. The Contractor's website at https://thecapital.com.ua/university/ created, in particular, for the conclusion of contracts for the provision of services on the basis of familiarizing the Customer with the description of services proposed by the Contractor using the Internet.

1.4. The Customer is a legally competent natural person who has reached the age of 18 and wishes to receive the service posted on the Contractor's website.

1.5. The executor is FOP Andriy Leonidovych Sorochynskyi, registered at the address: Ukraine, 02166, city of Kyiv, str. Popovycha Cosmonaut, building 4, apartment 22 in accordance with the current legislation of Ukraine.

2. Scope of the contract

2.1. The Contractor undertakes to provide the Customer with the service, and the Customer undertakes to pay and accept it under the terms of this Agreement.

2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Customer of the terms of the Contract shall be considered the date of filling out the order form by the Customer posted on the Contractor's website, provided that the Contractor receives an order confirmation from the Customer in electronic form. If necessary, at the request of the Buyer, the Agreement can be executed in writing.

3. Order processing

3.1. The customer places an order independently on the Contractor's website through the "Pay the course" form or by placing an order by e-mail or by phone specified on the Contractor's website.

3.2. The Contractor has the right to refuse to provide the service to the Customer if the information provided by the Customer is incomplete or causes suspicion regarding their validity.

3.3. When placing an order on the Contractor's website, the Customer undertakes to provide the following mandatory information necessary for the Contractor to fulfill the order:

3.3.1. last name, first name of the customer;

3.3.2. contact phone, e-mail.

3.4. If any party to the contract needs additional information, it has the right to request it from the other Party.

3.5. Agreement by the Buyer of the terms of this Offer is carried out by the Customer entering the relevant data in the registration form on the Contractor's website or during registration by washing through the operator.

3.6. The Customer is responsible for the accuracy of the information provided when placing the Order.

3.7. By concluding the Agreement, i.e. accepting the terms of this offer (proposed terms of service provision), by placing the Order, the Buyer confirms the following:

a) The Customer is fully and completely acquainted with and agrees with the terms of this offer (Offer);

b) The customer gives permission for the collection, processing and transfer of personal data, the permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the Customer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", the purposes of data collection, as well as the fact that his personal data is transferred to the Contractor for the purpose of being able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Customer also agrees that the Contractor has the right to provide access and transfer his personal data to third parties without any additional notifications from the Customer in order to fulfill the terms of this Agreement. The extent of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.

4. Price and service provision

4.1 Service prices are determined by the Contractor. All prices and services are listed on the website.

4.2 Service prices may be changed by the Contractor unilaterally depending on market conditions. At the same time, the price of the service paid by the Customer in full cannot be changed by the Contractor unilaterally.

4.3. The Customer's obligations to pay for the service are considered fulfilled from the moment the funds are received by the Contractor on his account.

4.4. Settlements between the Parties are made by the methods specified on the Contractor's website.

4.5 The service is considered provided from the moment of receipt by the Customer personally after completing the training course.

4.6 7 days before the course - we return 100% of the payment.

4.7 6 - 1 day before the course - we return 50% of the payment.

4.7 After the start of both offline and online classes, the payment is non-refundable.

5. Rights and obligations

5.1. The customer is obliged to:

5.1.1. Provide the Customer with a service in accordance with the terms of this Agreement and the order.

5.1.2. Not to divulge any private information about the Customer and not to provide access to this information to third parties, except for cases provided by law and in fulfillment of the terms of this Agreement.

5.2. The customer has the right to:

5.2.1 Change the terms of this Agreement, as well as the price of services unilaterally, by posting them on your website. All changes take effect from the moment of their publication.

5.3 The customer undertakes:

5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Contractor on his website.

5.3.2 Pay for the Contractor's services.

6. Responsibility

6.1. The Contractor is not responsible for improper, untimely provision of services in the event that the Customer provides inaccurate or erroneous information.

6.2. The parties are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

6.3. The parties are released from liability for full or partial failure to fulfill their obligations, if the failure is the result of force majeure/circumstances of force majeure, which are included in the list below, but are not limited to it:

– natural disaster (fires, floods, earthquakes, bad weather (storm, tsunami, hurricane, snowdrifts), subsidence and/or landslides);

– military conflicts, military coups, terrorist acts, including biological and chemical warfare, civil unrest, large-scale strike;

– outbreaks of infectious diseases, pandemics, epidemics, quarantines;

- circumstances resulting from regulations, orders, orders of the government or the president or other administrative or governmental restrictions affecting the fulfillment of obligations by the parties under this Agreement, and other circumstances that do not depend on the will and control of the parties, regardless of whether whether they are similar to the circumstances listed above, if this or these circumstances directly affected the performance of this Agreement, provided that the defaulting party took all possible measures for the performance of this Agreement, and not for its performance by the party.

7. Privacy and protection of personal data.

7.1. The Customer gives the Contractor his voluntary consent to the processing, use (in particular, transfer) of his personal data, as well as taking other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the validity period of such consent.

7.2. The contractor undertakes not to disclose the information received from the buyer. It is not considered a violation for the Contractor to provide information to counterparties and third parties acting on the basis of a contract with the Contractor, including for the fulfillment of obligations to the Customer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

7.3. The customer is responsible for keeping his personal data up-to-date. The contractor is not responsible for poor performance or non-fulfilment of its obligations due to the irrelevance of information about the Customer or its inconsistency.

8. Miscellaneous

8.1. This contract is concluded on the territory of Ukraine, it operates in accordance with the current legislation of Ukraine.

8.2. All disputes arising between the parties are resolved through negotiations. In the event that the settlement of disputed issues cannot be achieved through negotiations, the parties have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The Contractor has the right to make changes to this Agreement unilaterally, provided for in clause 5.2.1. contract