PUBLIC OFFER AGREEMENT
This Agreement is an official offer (public offer) addressed to any individual, hereinafter referred to as the Customer, who agreed to the terms of this public offer, by its full and unconditional acceptance.
The Customer is obliged to fully familiarize themselves with this document before the payment is made.
The individual Entrepreneur Anastasia Rakhimi, representing the art community "Life in Colors"located at the address: apt. 20, 19a Otakara Yarosha 19a Street, Kharkiv city, Kharkiv Region, Ukraine, hereinafter referred to as the Contractor expresses the intention to conclude an agreement on the provision of paid educational services with the Customer on the terms of this offer (hereinafter the Agreement).
1. TERMS AND DEFINITIONS
For the purposes of this offer, the following terms are used in the following meanings:
Offer: this document published on the website http://life-in-colors.com
Acceptance of the Offer: full and unconditional acceptance of the Offer by means of the actions specified in clause 2.2. Offers. Acceptance of the Offer creates the Agreement.
Customer: an adult who has accepted the Offer, who is the Consumer of paid educational services under the concluded Agreement, or an authorized representative of a minor who will be a Consumer of paid educational services.
Agreement: a contract between the Customer and the Contractor for the provision of educational services, which is concluded through the acceptance of the Offer.
Website: an Internet resource containing complete information about the content and cost of courses, available at http://life-in-colors.com
Services: a set of services included in the price of the course.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor provides, and the Customer pays for the information and educational services as part of the selected course.
2.2. By payment, the Customer expresses the full and unconditional acceptance of the terms of this Agreement (acceptance).
2.3. The cost of services under the Agreement is reported on the Website and amounts to the amount indicated for a particular course of interest to the Customer, in accordance with the Services indicated on the course page.
3. RESPONSIBILITIES OF THE CONTRACTOR
The Contractor is obliged:
3.1. Organize and ensure proper quality performance of services provided for in clause 2.1. actual Agreement.
3.2. Organize access to training materials and broadcasts, the Contractor agrees to register the Customer in the accounting system of the Website, provide a username and password to the Personal Account (profile).
3.3. Provide the Customer with all the necessary learning materials, if applicable.
3.4. If there is no access to training materials due to technical problems of the Website, the Contractor is obliged to eliminate the problems or provide alternative access to training materials.
4. RESPONSIBILITIES OF THE CUSTOMER
4.1. The Customer provides reliable information when registering on the Website and maintains this information up to date in the Personal Account (profile).
4.2. The Contractor has the right to refuse the provision of services to the Customer in the event that the Customer has provided deliberately incorrect (false) information.
5. RIGHTS OF THE CONTRACTOR AND CUSTOMER
5.1. The Contractor has the right to attract third parties to provide services, being responsible for their actions.
5.2. The Contractor has the right to refuse the provision of new services to the Customer if the Customer during the training period has committed violations provided for by civil law and this Agreement and giving the Contractor the right to unilaterally refuse to execute the Agreement.
5.3. The Contractor has the right to immediately terminate the provision of educational services without returning money for tuition fees, in the event of aggression or disrespect from the Customer.
6. PAYMENT FOR SERVICES AND REFUNDS
6.1. The Customer pays for the services specified in section 2.1 of the Agreement in euros. Payment for the services provided is based on a payment invoice. Formation of a payment invoice is made after clicking on the "Register for the course" button. Payment of the bill occurs by selecting the appropriate payment method on the Website after clicking the "Confirm Order" button.
6.2. The Customer pays for the services of the Contractor before starting training in the amount of 100% prepayment by transferring non-cash funds to the Contractor to the account of the Contractor.
6.3. The moment of payment is the receipt of funds to the account of the Contractor. For payments made through Paypal, the moment of payment is the acceptance by the Contractor of a notification of receipt of payment.
7. COPYRIGHT AND CONFIDENTIALITY
7.1. The Customer must comply with the copyright in the Life in Colors art community for all course materials in accordance with the Copyright Act.
7.2. The Customer is prohibited from copying any video or text materials.
7.3. The Customer is forbidden to use the training materials received in the classroom in the art community "Life in Colors" for commercial purposes, on his own behalf, to post in the public domain, to transfer to third parties.
7.4. The Customer is prohibited from transferring the login and password of access to the Website to third parties. The discovery of the fact of access to the materials of third-party courses is the basis for unilateral termination by the Contractor of the Agreement without a refund.
7.5. The fact of conclusion of this Agreement is not considered by the Parties as confidential information.
7.6. The Parties undertake not to disclose information received by the Parties in the course of fulfilling their obligations under this Agreement, unless the Party is obliged to provide such information in accordance with the law applicable to the Agreement, or consent has been obtained for the disclosure of such information.
8. PROCESSING PERSONAL DATA OF THE CUSTOMER
8.1. The Customer’s personal data is processed in accordance with the Law of Ukraine “On the Protection of Rights of Customers”.
8.2. When registering on the Website, the Customer provides the following information: last name, first name, phone number, email address.
8.3. By submitting his personal data to the Contractor, the Customer agrees to its processing by the Contractor, including in order to fulfill the Contractor's obligations to the Customer within the framework of this Public Offer, the Contractor to promote goods and services, conduct electronic and text message surveys, monitor the results of marketing campaigns, customer support, conduct prize draws among customers, monitoring customer satisfaction, as well as the quality of services provided by the Contractor.
8.4. The processing of personal data is understood as any action (operation) or a set of actions (operations) performed by the Contractor using automation tools or without using such tools with personal data, including collection, recording,systematization, accumulation, storage, clarification (updating, changing) extraction, use, depersonalization, blocking, deletion, destruction of personal data.
8.6. The Contractor receives information about the IP address of the Website visitor. This information is not used to identify the visitor.
8.7. The Contractor is not responsible for the information provided by the Customer on the Website in a public form.
8.8. The Contractor has the right to record phone conversations with the Customer. In this case, the Contractor undertakes to prevent attempts of unauthorized access to information obtained during phone conversations, and / or its transfer to third parties not directly related to the execution of Orders.
9. BASES AND CONDITIONS OF AMENDMENT AND TERMINATION OF THE AGREEMENT
9.1. The conditions under which this Agreement is concluded can be changed either by agreement of the parties, or in accordance with the current legislation of Ukraine.
9.2. This Agreement may be terminated by agreement of the parties. At the initiative of one of the parties, the Agreement may be terminated on the grounds provided for by the current legislation of Ukraine. In the event of termination of the Agreement before the start of training, the Contractor returns to the Customer payment for the course.
9.3 Refusal of training shall be made at the request of the Customer in electronic form by email. Refusal is possible within 24 hours from the date of payment for the courses. In case of refusal to study, money is returned only if the student has not yet begun to study.
9.4. Refunds shall be made within 10 (ten) business days from the date of termination of the Agreement.
9.6. The Contractor has the right to refuse to execute the contract if the Customer has violated clauses 7.3 and 7.4 of the services under this Agreement.
9.7. The Agreement is considered terminated from the date of written notification by the Contractor of the Customer about the refusal to execute the contract.
10. RESPONSIBILITY FOR NON-FULFILLMENT OR INADEQUATE FULFILLMENT OF OBLIGATIONS IN THIS AGREEMENT
10.1. In case of non-fulfillment or improper fulfillment by the Parties of obligations under this Agreement, they are liable under the civil law and consumer protection laws, on the terms established by this legislation.
10.2. The Customer agrees and acknowledges that actions performed using authentication data (login and password) in the Personal Account give rise to legal consequences similar to the use of personal signatures.
10.3. The Contractor does not guarantee the absence of malfunctions and errors in the operation of the Website.
10.4. None of the Parties will be liable for the full or partial non-performance of any of their obligations under this Agreement if the non-performance is a consequence of force majeure circumstances. The Party for which the impossibility of fulfillment of the circumstances has created is obliged to immediately notify the other Party in writing of the occurrence, the expected duration and termination of the above circumstances. Failure to notify or untimely notification deprives the Parties of the right to invoke any of the above circumstances as grounds for exemption from liability for failure to fulfill obligations.
11. DURATION OF THE AGREEMENT AND OTHER TERMS
11.1. This Agreement shall enter into force from the moment the Customer accepts this Public Offer and is valid until the Parties fully fulfill their obligations.
11.2. The Contractor reserves the right to amend this Agreement at any time at its discretion, such changes shall enter into force from the moment of posting the amended text of the Agreement, unless a different date for the entry into force of the amendments is specified additionally in the publication text.
11.3. The Parties consider the training completed if the Customer was granted access to the course materials.
Individual Entrepreneur Anastasia Rakhimi
Address: apt. 20, 19a Otakara Yarosha Street, Kharkiv city, Kharkiv Region, Ukraine.
TAX PAYMENT CODE 3084720043