Public offer agreement for the provision of information and consulting services

1. General provisions

1.1. This document is a public offer by Denis Ivanovich Ternovsky INN 3438706731, hereinafter referred to as“Contractor”, and contains all the essential terms of the agreement for the provision of information and consulting services.

1.2 The person who accepts this offer becomes the Customer, acquires all the rights and obligations provided for in this agreement (Part 1 of Article 642 of the Civil Code of Ukraine), and the Contractor and the Customer jointly – Parties to the Offer Agreement.

1.3. Acceptance of this public offer is the Customer’s full payment for information and consulting services in accordance with the terms of this agreement. From the moment funds are received in payment for the services provided to the Contractor’s bank account, this agreement is considered concluded between the Customer and the Contractor.

1.4. Acceptance of this Offer and, accordingly, the conclusion of this Agreement means that the Customer, to the extent necessary for him, has become familiar with the terms of this agreement and the rules of the payment system (hereinafter referred to as the System), the specifics of the functioning of the System and the website on which the training materials are posted, as well as the course program , posted on the website: https://www.ternovskyi.com/digital-course/ 
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1.5. By accepting this offer, the Customer confirms that the provision by the Contractor of services under this agreement remotely using software (hereinafter referred to as the software) fully complies with the Customer’s ability to use the services provided in this way.

1.6. The current offer agreement is always located at:

https://www.ternovskyi.com/publichnaya-oferta/

2. Terms and definitions

2.1. In this agreement, unless expressly stated otherwise, the following words and expressions will have the following meanings:

2.1.1. Offer is this document between the Contractor and the Customer for the provision of Services, which is concluded through Acceptance of the Offer. The Offer Agreement is the basic document of the relationship between the two parties and is not subject to discussion. All additions and changes are made using appendices and/or additional agreements drawn up to this agreement and will be posted on the website at: .

2.1.2 Acceptance of offer – full and unconditional acceptance by the Customer of the terms of this Offer Agreement.

2.1.3. Customer – any individual or legal entity, or individual entrepreneur interested in receiving Services for themselves and/or members of their family, and/or any third party, and who has accepted this Offer, thus being a consumer of the Services Contractor under the concluded Agreement.

2.1.4. Services – provided on a paid basis, video recordings of practical training and organized information and consulting sessions with feedback (and/or provision of their recordings) aimed at transferring knowledge, skills and abilities to the Customer.
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2.1.5. Online Course (hereinafter referred to as the Program/Course) is a distance online course, which is one or a set of several lessons united by one topic in a distance learning format, developed by the Contractor for the purpose of transferring knowledge, skills and skills in popular remote professions and those interested in obtaining information on this topic.

2.1.6. Software – browser (Internet Explorer, FireFox, Google Chrome and/or similar) for accessing information resources located on the Internet, other programs for transmitting, storing, processing the information provided. The customer undertakes to independently ensure the availability of the software on his personal computer.

2.1.7. Webinar – an interactive broadcast of information and consulting in the field of obtaining skills in popular remote professions according to the Contractor’s original Program, carried out through remote access via the Internet, taking place in real time and/or presented by the Contractor to the Customer in the form of recordings video presentations of the training course, with comments from the Performer. .

2.1.8. Feedback is an information and consulting service in the form of conducting an oral consultation and answering questions in the form of a webinar, or in the form of communication on a social network (including telegram, VKontakte, etc.) with a specific topic via the Internet.

2.1.9. Curator – the Contractor’s assistant who carries out practical interaction with the Customer as part of the Course through electronic means of communication (email, Telegram messenger or through the GetCourse Platform) and, if necessary, personal communication, using the approved program and resources of the Contractor (scientific portal, additional materials), as well as knowledge received from the Contractor and from other sources – in the distance form of conducting classes.

2.1.10. Site – a collection of information, texts, graphic elements, design, images, photos and videos and other results of intellectual activity, as well as computer programs contained in an information system that ensures the availability of such information on the Internet via a network address: https://www.ternovskyi.com/digital-course/ 

2.1.11. Access to personal account – a message sent by the Contractor to the Customer by email. a letter confirming the conclusion of the Agreement and containing the information necessary for the Customer to receive the Service on the website https://www.ternovskyi.com/digital -course/

2.1.12. Chat – closed communities in the Telegram messenger intended for the exchange of messages between Customers and the Contractor, curators (representatives of the Contractor) under this Agreement

2.1.13. GetCourse Platform is a computer program, which is an automated system for sales and provision of Services online and on which distance learning is carried out by the Customer’s Contractor to improve the level of knowledge and/or obtain skills in the field of in-demand remote professions.< br>

2.1.14. Online lesson (hereinafter referred to as the Lesson) – a practical lesson in the form of instructions, videos, photographs, text of the training Course with comments or other information from the Contractor.

2.1.15. Course Flow – a group of students together with Customers, recruitment of which is carried out within a certain time frame.

2.1.16. Newsletter – automated sending of emails to the Customer’s email address.

3. Subject of the offer agreement

3.1. The subject of this offer is the provision of paid information and consulting services to the Customer in the field of obtaining knowledge, skills and abilities within the framework of the Course program posted on the website: https: //www.ternovskyi.com/digital-course/

3.2. The provision of services is carried out by the Contractor posting in a closed section of the Site training material and tasks for the Customer, aimed at transferring knowledge and skills according to the course program, according to the schedule established by the Contractor, written and oral answers to the Customer’s questions, as well as other information support for the Customer during the training program.

3.3. Services under this agreement are limited to providing the Customer with information, transferring the Contractor’s knowledge and experience regarding work in the specialty of the Course and developing skills for their independent use by the Customer.

3.4. Services under this agreement are provided by the Contractor remotely via the Internet, using software.

3.5. From the moment funds are received as payment for the Services provided to the Contractor’s bank account, this Agreement is considered concluded between the Customer and the Contractor (Part 1 of Article 642 of the Civil Code of Ukraine). In this case, the conclusion of the Agreement in simple written form is not mandatory.

3.6. Acceptance of the offer assumes that the Customer is familiar with the conditions, procedure for the provision and payment of the Services, and also recognizes the unconditional suitability of the payment system proposed by the Contractor for payment for the Services, and also that the provision of the Services by the Contractor is carried out remotely using the GetCourse Platform and is fully consistent with the Customer’s ability to use the Services, provided in this way.

3.7. In case of disagreement with any terms of the Agreement, the Customer undertakes to stop using the Site and unsubscribe from the Newsletter, as a result of which he stops receiving emails from the Contractor.

3.8. The Contractor reserves the right to change the terms of this Agreement unilaterally without prior agreement with the Customer, while ensuring the publication of the changed terms on the Site no less than 3 (three) days before their entry into force. Therefore, the Contractor recommends that the Customer regularly check the terms of this Agreement for changes and/or additions. The current edition is constantly posted on the Website https://www.ternovskyi.com/digital-course/

3.9. The Customer agrees that the introduction of changes and additions to this Agreement entails the introduction of changes and additions to the Agreement already concluded and valid between the Contractor and the Customer, and they come into force simultaneously with the changes to this Agreement. At the same time, the changes made do not apply to the Customer who paid for services before changing the terms of the Agreement.

4. Terms of provision of services and procedure for their transfer

4.1. The course is conducted by the Contractor from March 30, 2020. until June 25, 2020 The schedule and content of the Program are also posted in the closed section of the Site. The Customer has no right to give any instructions regarding the content and duration of the Course.

4.1.1. The Customer independently familiarizes himself with the schedule and content of the Program on the Website and is responsible for meeting the deadlines for the Course, completing assignments and other activities related to training.

4.2 Access to training materials is retained by the Customer for 2 (two) months from the date of completion of the course, namely until 08/25/2020 After the specified period, completion of the course is considered impossible.

4.3. Services under this agreement are considered to be provided with proper quality and on time, as well as accepted by the Customer, if within 3 (three) calendar days after the expiration of the period specified in clause 4.2 of this agreement for the relevant service, the Customer has not stated a reasoned objection to the quality and the scope of such services by sending the appropriate request to the group’s personal messages https://t.me/DenysTernovskyi

5. Procedure for provision of services

5.1. Access to the training platform (hereinafter referred to as the Personal Account) is provided by the Contractor until April 25, 2020by sending access passwords to the closed section of the Site to the Customer’s email address specified when purchasing the course.

5.1.1 Access to lessons (training modules) is provided to students on the start day of training

5.2. B  section of the Site also contains the Course Program, information about the place and time of Feedback, updates to video lessons and other course news. Information on individual course news can also be additionally sent to the Customer’s email address specified during payment or posted in the Course Chat.

5.3. The Customer independently monitors all updates and changes to the information posted in the closed section of the Site or in the Course Chat and relating to the provision of services under this agreement.

6. Rights and obligations of the parties

6.1. The Contractor undertakes:

6.1.1. Provide services properly and on time.

6.1.2. Maintain confidential information received from the Customer when providing information and consulting services under this agreement.

6.1.3. Comply with legal requirements regarding the processing, transfer and protection of the Customer’s personal data, taking into account the provisions of the Privacy Policy posted on the Site.

6.2. The Contractor has the right:

6.2.1. Unilaterally change the schedule for posting training material, providing feedback and other consultations, without changing the established frequency of their implementation, as well as change and supplement the content of lessons and assignments for the Customer.

6.2.2. Require from the Customer the conscientious fulfillment of their obligations, respectful attitude towards other participants of the course and towards the Contractor personally.

6.2.3. Unilaterally change and supplement the terms of this agreement, without prior agreement with the Customer, while ensuring the publication of the changed terms on the website at: https:/ /www.ternovskyi.com/digital-course/

, no less than 3 (three) days before their implementation.

6.2.4. Unilaterally terminate this agreement in the event of a significant violation by the Customer of the terms of this Agreement, manifestation of aggression or disrespectful attitude. In this case, the funds paid by the Customer under this agreement are non-refundable and are a penalty for the actions of the Customer. A material violation of the terms of this Agreement means any violation of copyright regulated by the current legislation of Ukraine “On Copyright”.

6.2.5. Engage third party Experts to provide services in accordance with this agreement. At the same time, the Contractor is not responsible for illegal actions of third parties when providing services under this agreement, but makes every effort to ensure the protection of the rights and interests of the Customer.

6.2.6. The Contractor has the right to go to court if the Customer violates any rights, resulting in real damage to the Contractor, as well as in the event of the Customer’s illegal use of any element of the Site for profit.

6.3. The customer undertakes:

6.3.1. Carefully study the information on the Site about the Course, its cost, conditions and terms of its provision.

6.3.2. After accepting this public offer and paying in full for information and consulting services, adhere to the established schedule of the training program, the goals and essence of completing the Contractor’s tasks, comply with the deadlines for completing homework, comply with the recommendations and requirements of the Contractor as part of the provision of services under this agreement.
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6.3.3. Provide the Contractor with up-to-date information necessary for sending information materials to the Customer, as well as for prompt communication with the Customer as part of the provision of services under this agreement, namely: last name, first name and valid mailbox.

6.3.4. Follow the rules of conduct and show respect for the Performer and other participants in the training program.

6.3.5. Do not record, distribute (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer under this agreement, create information products based on it for the purpose of deriving commercial profit , as well as use this information in any way other than for personal use.

6.3.6. Do not transfer to third parties and ensure the confidentiality of access passwords to your personal account in a closed section of the Site and to special software used by the Contractor to organize services under this agreement.

6.3.7. Do not change the software part of the Site in any way, or take actions aimed at changing the functioning and performance of the Site.

6.3.8. Adhere to the established schedule of the Course Program, the goals and essence of completing the Contractor’s tasks, comply with the deadlines for completing tasks, comply with the recommendations and requirements of the Contractor as part of the provision of Services under this Agreement

6.4. The customer has the right:

6.4.1. Apply for a refund of the paid funds within 3 (three) calendar days from the date of the start of training (gaining access to lessons) in accordance with the rules established by this agreement.

6.4.2. Make your own decisions about the advisability of using the advice and recommendations offered by the Contractor in your life.

7. Cost of services and payment procedure

7.1. The cost of information and consulting services under this agreement is indicated on the Course sales website.

7.2. Payment for the Course is made by the Customer by crediting funds in advance to the Contractor’s bank account in the amount of 100% of the cost.

7.3. Payment method under the Agreement: payment by bank card using Visa, MasterCard payment systems. After ordering the Service, the Customer is redirected to the payment system service, where the Customer can pay for the Service in any way convenient for him from the options offered by the service.

7.4. The moment of payment is considered to be the receipt of funds to the Contractor’s bank account.

7.5. The Customer is solely responsible for errors made when paying for the Services. The Contractor is not responsible for losses and other adverse consequences that may arise for the Customer and/or third parties in the event of an incorrect indication of the purpose of payment

7.6. The Services provided by the Contractor are not subject to VAT

8. Conditions and procedure for refund

8.1 Refunds by the Contractor are carried out at the request of the Customer sent in personal messages to the group https://t.me/DenysTernovskyino later 3 (three) calendar days from the date of the start of training according to the schedule (or gaining access to lessons), minus the actual costs of the Contractor at the time of return.

8.1.1 Such actual costs of the Contractor include (but are not limited to) in particular commissions of banking, credit organizations and relevant payment systems for refunding funds, the cost of training materials provided to the Customer, classes organized by the Contractor and other online meetings, even if the Customer did not use the materials, as well as the cost of bonus materials.

8.2 Funds are returned to the Customer’s account from which the training payment was made, or another account specified by the Customer, within 10 (ten) business days after the decision to return is made.

8.3. The Contractor reserves the right to reject the Customer’s request for a refund if the Customer displays a disrespectful attitude towards the Contractor or other participants in the training programs.

8.4 Access to training materials for the Customer is terminated within 1 (one) business day from the date the Contractor sends a message to the Customer about the corresponding return. The Customer’s specified return request is also considered a revocation of this Acceptance.

9. Responsibility

9.1. The Contractor is not responsible for the impossibility of providing services to the Customer for reasons beyond the control of the Contractor, namely: disruption of the Internet, equipment or software, as well as in case of failure to comply with the terms of the Course Program on the part of the Customer. In this case, the services are considered to have been provided properly and are subject to payment in full.

9.2. No information, materials and/or advice provided by the Contractor as part of the provision of services under this agreement can be considered as a guarantee. Making decisions based on all information provided by the Contractor is within the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor as part of the performance of its obligations under this Agreement.

9.3. The Contractor does not guarantee absolute uninterrupted provision of services under this agreement, despite the fact that the Contractor takes all possible measures to prevent the above. If the quality of the Internet connection is unsatisfactory, stable operation of the software is not guaranteed; in this case, obtaining services under this agreement may be difficult or impossible.

9.4. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under this agreement for the duration of force majeure. During this time, the parties have no mutual claims, and each party assumes its own risk of the consequences of force majeure. The Contractor is obliged to notify the Customer of the occurrence of such circumstances by posting information on the Site and/or to the email address specified by the Customer when making payment, and the Customer is obliged to send a personal message to the Contractor at https://t.me/DenysTernovskyi, indicating the topic “Force Majeure”. By force majeure circumstances (force majeure) the Parties understand: fire, flood, earthquake, strikes and other natural disasters, war and hostilities, entry into force of regulatory legal acts and acts of application of law that impede the fulfillment of obligations, forced urgent (unscheduled) hospitalization, confirmed by documents, if the above circumstances are beyond the control of the Parties, interfere with the implementation of this agreement and arose after the conclusion of this agreement. The Customer’s lack of time for any reason to complete the training program, being on vacation, a business trip, non-payment for access to the Internet, failure of a means of accessing the Internet are not considered force majeure circumstances (force majeure).

9.5. The aggregate liability of the Contractor under this agreement for any claim or claim in relation to the contract or its performance is limited to the amount of payment paid to the Contractor by the Customer. In this case, only actual damages, but not lost profits, can be recovered from the Contractor.

10. Personal data and its use

10.1. By providing the information necessary for the provision of Services, the Customer provides the Contractor with his personal data. By accepting the Offer, using the Personal Account on the GetCourse Platform, the Customer expresses his consent to the processing of the personal data transferred to him.

10.2. Processing of personal data means recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer to third parties (distribution, provision, access), including cross-border transfer to third parties, depersonalization, blocking, deletion, destruction of personal data data.

10.3. The processing of personal data is carried out for the purpose of the Contractor fulfilling its obligations under this agreement, providing the Customer with feedback when using the Site, training programs, video courses, as well as for the purpose of sending information and advertising messages to the email address specified by the Customer during registration (clause 10.6 of this contract).

In addition, the processing of personal data is carried out to improve the Contractor’s services based on the analysis of the specified information, as well as to detect, prevent, mitigate the consequences and investigate fraudulent or illegal actions in relation to the Site and the training program as an object of the Contractor’s intellectual rights.

10.5. The Customer may at any time withdraw consent to the processing of personal data by sending the Contractor a corresponding notification by personal message https://t.me/DenysTernovskyi. At the same time, the Customer understands and acknowledges that a response to the processing of personal data may require the deletion of any information relating to the Customer’s participation in the training program, including deletion of the Customer’s account in a closed section of the Site and termination of access to the materials of the purchased course.

10.6. The Customer agrees to receive newsletters and promotional materials from the Contractor, or from other persons on behalf of the Contractor, to the email address specified by the Customer when registering on the Site.

Consent to receive newsletters and promotional materials can be revoked by the Customer at any time by sending the Contractor a corresponding notification by personal message to the group https://t.me /DenysTernovskyi .

10.7. The Customer is fully aware that as a result of certain circumstances (for example, posting and discussing the learning results achieved by the Customer in the Chat), the Customer’s personal data may become available to other persons

11. Copyright protection

11.1. The site contains the results of intellectual activity belonging to the Contractor, its affiliates and other related parties, representatives, and all other persons acting on behalf of the Contractor.

11.2. By using the Site, the Customer acknowledges and agrees that all content of the Site and the structure of the content of the Site are protected by copyright and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media and in relation to all technologies, both currently existing and those developed or created subsequently. No rights to any content of the Site, including, but not limited to, audiovisual works, text and graphic materials, computer programs, are transferred to the Customer as a result of using the Site and concluding this agreement.

11.3. When quoting materials from the Site, if this is expressly provided for by the functions of the Site, the Customer undertakes to provide a link to the Site.

11.4. In the event of a violation by the Customer of the provisions of this agreement relating to the protection of the Contractor’s copyrights, the latter has the right to demand compensation for all damages caused, including lost profits.

12. Final provisions

12.1. This agreement comes into force from the moment of acceptance by the Customer in accordance with clause 1.3. agreement and is valid until the parties fully fulfill their obligations.

12.2. All disputes and disagreements between the parties are resolved through negotiations or in court in accordance with the current legislation of Ukraine at the place of registration of the Contractor.

12.3. Inaction on the part of the Contractor in the event of a violation by the Customer of the provisions of this agreement does not deprive the Contractor of the right to take appropriate actions later to protect its interests and protect intellectual rights to materials of the Site protected in accordance with the law.

12.4. The recognition by a court of any provision of this agreement as invalid or unenforceable does not entail the invalidity of its other provisions.

13. Details of the Contractor

TIN 3438706731

Map 4441114451450355

Ternovskyi Denis