The document, the provisions of which are set out below, is a public offer and a public contract. According to Art. Art. 633, 641 of the Civil Code of Ukraine, its terms are the same for all customers, and the unconditional acceptance of the terms of which is considered acceptance of this offer by the customer. In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, application / authorization on the website https://tips4hips.com (hereinafter – the site) is an acceptance of this offer, which equates to the conclusion of a public contract (hereinafter – “contract”) under the conditions set out below.
This public contract is addressed to all individuals who have reached 18 (eighteen) years of age and who have full legal capacity under the laws of Ukraine and the legislation of the country of which they are a citizen or where they reside (hereinafter – the “Customer”) and wish to use the services of the Contractor. also have the technical ability to receive such services.
Individual – entrepreneur Torgonska Yuliya Mykolayivna, date and number of entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations: July 6, 2012, 206 690 000 000 027 834, registration number of the taxpayer’s account card – 3 199 117 064 , hereinafter referred to as the “Contractor” offers the Customer to receive the services provided for in this Agreement.
1. DEFINITION OF BASIC TERMS
1.1. Acceptance – the Customer provides full, unconditional and unconditional consent to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties.
1.2. Materials of the course “MY DANCE BREAKTHROUGH” TIPS4HIPS “or materials or course – video lectures and video lessons, speeches, presentations, containing informational and consultative nature, information and combined into a common theme, which provides the possibility of learning dance (so-called oriental dance or dance abdomen), which will be placed on the site in the personal account of the Customer in closed access.
1.3. Cabinet or personal cabinet – a section on the site, which is accessed by the Customer, which is authorized by personal identifiers of access to the cabinet (personal link and password), in which the materials will be posted.
1.4. Offer – the Contractor’s proposal, posted on the Internet on the site and addressed to an unlimited number of individuals or legal entities, joining the contract.
1.5. Personal data – information or a set of information about an individual who is identified or can be specifically identified.
1.6. Services are access to materials and provision of other services provided by this agreement.
1.7. A public contract is a contract in which the Contractor undertakes to sell goods, perform works or provide services to anyone who applies to it under the terms specified in this contract.
1.8. Tariffs or price of services or price – payment, the amount of which is set by the Contractor for the provision of a certain amount of services to the Contractor
1.9. Details of the Contractor – individual – entrepreneur Torgonska Yuliya Mykolayivna, date and number of entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations: July 6, 2012, 206,690,000,000,027,834, registration number of the taxpayer’s account card – 3 199 117 064, bank details: account UA 26 009 052 713 244, bank PRIVATBANK COMMERCIAL BANK PUBLIC JOINT STOCK COMPANY, MFO 305299, USREO code 3 199 117 064, Pechersk branch, e-mail 30, MFO 30 tips4hips.com.
2. GENERAL PROVISIONS AND SUBJECT OF THE AGREEMENT
2.1. Based on the terms and conditions specified in this Agreement, the Contractor provides the Customer, and the Customer accepts Services with access to materials posted on the site in the personal account only after the Customer makes payment to the Contractor’s account and authorization of the site.
2.2. The term of the terms of this Agreement is not limited. Either Party may terminate it in advance in the manner prescribed by this Agreement.
2.3. All changes and additions to this Agreement are posted on the site and take effect within 10 days from the date of their publication on the site, unless otherwise specified in the changes and additions.
2.4. All terms of this Agreement are binding on both the Customer and the Contractor. Before using the Service, the Customer is obliged to read the terms of this Agreement. If the Customer does not agree with the terms of the Agreement, he has no right to use the services of the Contractor.
2.5. In case of disagreement of the Customer with the changes made by the Contractor to this Agreement or with the new tariffs for services, the Customer undertakes to terminate the use of the Services without refund by the Contractor.
2.6. Acceptance of this Agreement by the Customer (conclusion of the Agreement between the Customer and the Contractor) is the fact of authorization of the Customer in the personal account and payment for the Contractor’s Services on the terms and in the manner specified by this Agreement (crediting funds to the Contractor’s account);
2.7. In accordance with the terms of this Agreement, the Contractor undertakes to provide the Services during its term by providing access to materials on the site in the following packages:
2.7.1. The “BASIC” package of the “MY DANCE BREAKTHROUGH” course includes the provision of services for access to materials, namely video lessons on dance training with a total duration of at least 20 minutes, consisting of 48 separate video lessons. Access to video lessons is provided within 125 calendar days from the date of acceptance by the Customer of the Agreement.
2.7.2. The “BASIC PLUS” package of the “MY DANCE BREAKTHROUGH” course includes the provision of services for access to materials, namely video lessons on dance training with a total duration of at least 20 minutes, consisting of 48 separate video lessons. Access to video lessons is provided within 125 calendar days from the date of acceptance by the Customer of the Agreement. The Contractor also undertakes to provide consultations to the Contractor personally or with the involvement of third parties.
2.7.3. The “PREMIUM” package for the course “MY DANCE BREAKTHROUGH” includes the provision of services for access to materials, namely video lessons on dance training with a total duration of at least 20 minutes, consisting of 48 separate video lessons. Access to video lessons is provided within 125 calendar days from the date of acceptance The Customer of the Agreement and the Customer provides services to the Contractor for conducting 2 (two) individual classes by means of remote communication lasting no more than 45 (forty five) minutes.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Contractor must:
3.1.1. Timely, in full to provide the Customer with the Services specified in this Agreement.
3.1.2. In case of impossibility to fulfill its obligations in accordance with the terms of this Agreement, promptly notify the Customer, as well as take appropriate action to eliminate obstacles to the fulfillment of obligations under this Agreement.
3.1.3. Publish on the site information about the change: place, time, duration, structure of the Services, other conditions of their provision, including the change of bank details.
3.2. The Contractor has the right to:
3.2.1. Involve third parties in the performance of their obligations under the Agreement, while remaining liable to the Customer for the results of their work as their own without the written consent of such involvement.
3.2.2. Receive payment for their services from the Customer in accordance with the terms of the Agreement.
3.2.3. Not to provide the Services or to terminate their provision to the Customer in case of violation by him of the requirements provided by this Agreement (including the terms of payment for the Services), as well as in other cases established by the legislation of Ukraine.
3.2.4. Refuse to provide services to the Customer without explanation, returning the funds paid to him in an amount proportional to the services not provided.
3.2.5. Inform the Customer about promotions and other news by sending e-mails to the Customer’s address specified during registration / authorization on the site.
3.2.6. The performer has the right at any time at his discretion to change the materials (their content, quantity, name and type of materials, date and time of the relevant workshops, webinars, etc.). Information about such changes is published on the site immediately before the start of the webinar, master class, etc.
3.2.7. Other rights in accordance with the current legislation of Ukraine and the terms of this Agreement.
3.3. The customer is obliged to:
3.3.1. Timely and in full to make payments to the Contractor for the Services in accordance with the terms of the Agreement.
3.3.2. Use the Services in accordance with the terms set forth in this Agreement.
3.3.3. Control the change and / or update of information published on the Contractor’s website.
3.3.4. Adhere to the regulations, procedure and requirements when receiving the Ambassador
4. COST OF SERVICES, PROCEDURE AND CONDITIONS OF CALCULATIONS
4.1. The Customer pays for the Service at the rates set by the Contractor:
4.1.1. For the provision of services, the list of which is provided in the “BASIC” package of the course “MY DANCE BREAKTHROUGH” – 4470 UAH, which is equivalent to 149 US dollars according to the weighted average rate on the interbank market of Ukrainian hryvnia to the US dollar set by the National Bank of Ukraine on August 25, 2020 and is posted on the website www.bank.gov.ua.
4.1.2. For the provision of services, the list of which is provided in the package “BASIC PLUS” of the course “MY DANCE BREAKTHROUGH” – 6870 UAH, which is equivalent to 229 US dollars according to the weighted average rate on the interbank market of Ukrainian hryvnia to the US dollar set by the National Bank of Ukraine on August 25, 2020 year and is posted on the website www.bank.gov.ua.
4.1.3. For the provision of services, the list of which is provided in the “PREMIUM” package for the course “MY DANCE BREAKTHROUGH” – UAH 11,970, which is equivalent to 399 US dollars according to the weighted average rate on the interbank market of Ukrainian hryvnia to the US dollar set by the National Bank of Ukraine on August 25 2020 and is posted on the website www.bank.gov.ua.
4.2. The cost of the Services changes if the weighted average exchange rate on the interbank market of the Ukrainian hryvnia to the US dollar, which is reflected on the official website of the National Bank of Ukraine: www.bank.gov.ua on the date of payment for the Services will be changed by more than 3 (Three)% (Interest) on the date of payment by the Customer. In this case, payment is made in Ukrainian hryvnias in accordance with the weighted average exchange rate on the interbank market of Ukrainian hryvnia to the US dollar, which is reflected on the official website of the National Bank of Ukraine: www.bank.gov.ua on the date of payment.
4.3. Payment for the Services is made by the Customer by 100% subscription to the Contractor’s account in the manner chosen by the Contractor at its discretion, offered by the Customer.
4.4. The date of proper performance by the Customer of the obligations in terms of payment for the Services (date of payment) will be the date of crediting funds to the account of the Contractor.
4.5. Bank charges and commissions accrued upon transfer of funds by the Customer and the commission of third banks and other payments related to the transfer of funds to the Contractor’s account shall be paid by the Customer.
4.6. In case of non-use (or impossibility of use) of the Contractor’s paid Services, such Services are not re-provided, are not reimbursed in monetary terms and are not transferred to third parties.
4.7. When paying for services on the Site, the Customer is automatically redirected from the office to the page of the payment acceptance system for payment. Payments are accepted using the payment systems listed on the site.
4.8. Payment for services can be made by bank card Visa, MasterCard, Maestro.
4.9. After confirming the selected Service, a secure window with a payment page opens, where you need to enter your bank card details. 3D Secure protocol is used for additional authentication of the cardholder. If the bank supports this technology, it will be redirected to the bank’s server for additional identification. Information on the rules and methods of additional identification of the Customer must be clarified with the Bank that issued the bank card.
4.10. Processing center ____ protects and processes bank card data according to the PCI DSS security standard.
4.11. The information is transferred to the payment gateway using SSL encryption technology. Further transfer of information takes place in closed banking networks, which have the highest level of reliability. _____ does not broadcast the card data to the Contractor or other third parties. 3D Secure protocol is used for additional authentication of the cardholder.
4.12. The Customer has the right to refuse to receive the Services and terminate this Agreement by sending a notice to the e-mail address: _________ within 14 (fourteen) days from the date of fulfillment of its monetary obligations under this Agreement. In this case, the Contractor shall refund the funds less possible bank charges and fees, other payments that are accrued upon refund by the Contractor within 90 (ninety) calendar days from the date of receipt of the notice by the Contractor. In this case, access to the materials is terminated within 1 (one) day from the date of receipt of the notice from the Customer.
5. PROCEDURE AND CONDITIONS OF PROVISION OF SERVICES
5.1. The provision of Services begins within 5 days from the date of fulfillment of monetary obligations by the Customer.
5.2. The fact of the beginning of rendering of Services by the Contractor is placement of any material in a personal account.
5.3. All questions that have arisen in the process of payment and receipt of Services, the Customer may find out from the Contractor according to the contact details provided in the details of the Contractor.
5.4. The fact of receiving the Services by the Customer is confirmed by obtaining access to the materials.
5.5. After 120 (one hundred and twenty) calendar days, the Contractor sends the Customer the conditions of the practical lesson, including in the form of preparation of a dance number in accordance with the requirements set for verification by the Customer of the information provided in video lectures, webinars and / or workshops. A positive result of the practical task is the issuance to the Customer of a certificate of self-study by studying the course indicating the subject, as well as the name of the Customer, according to the data from the office.
5.6. Access is granted for a period of up to 01 (one) year, starting from the date of its opening. At the same time, the Contractor has the right, at the request of the Customer, and if technically possible, to resume providing the latter with access to the personal account and the added course.
5.7. To provide consulting support to the Customer on the work of the site on working days from 10:00 to 15:00 during the entire term of this Agreement. All support questions should be sent to firstname.lastname@example.org.
5.8. Provide informational support to the Customer on issues related to the Course, the work of the site throughout the term of this Agreement, by consulting in response to a request from the Customer sent using the appropriate feedback form located in the Personal Account, in the manner specified in this Agreement.
8. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
8.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable under this Agreement and the norms of the current legislation of Ukraine.
8.2. If non-fulfillment or improper fulfillment of the terms of this Agreement by one of its Parties has resulted in damages to the other Party, the guilty Party shall be obliged to reimburse such damages in full.
8.3. Compensation for damages does not release the guilty Party from its obligations to properly comply with the terms of this Agreement.
8.4. All disputes and differences that may arise in the implementation of this Agreement shall be settled through negotiations between the Parties.
8.5. If any dispute cannot be resolved through negotiations, such a dispute shall be considered in court, in accordance with the established jurisdiction and jurisdiction of such dispute, in accordance with the current legislation of Ukraine.
8.6. In case of detection of plagiarism, copying of materials, their fragments and / or unauthorized use, distribution by the Customer of webinar materials, the Customer is responsible in accordance with the terms of this Agreement and the current legislation of Ukraine.
8.7. The Contractor shall not be liable for failure to provide or improper provision of Services to the Customer in the event of any circumstances arising through no fault of the Contractor, namely – the occurrence of circumstances arising from fault or negligence of the Customer and / or circumstances arising from fault or negligence of any third party (any third parties) on the part of the Customer, and / or the occurrence of force majeure.
6. 2. In case of detection of errors / shortcomings in the technological part of the site, made by the Contractor, or through the fault of the Contractor, by their own efforts and at their own expense to eliminate the identified errors / deficiencies.
7. TERM, PROCEDURE FOR MAKING CHANGES AND ADDITIONS TO THE AGREEMENT
7.1. The term of the terms of this Agreement is not limited. Either Party may terminate it in advance in the manner prescribed by this Agreement.
7.2. All changes and additions to this Agreement are posted on the site and take effect within 10 days from the date of their publication on the site, unless otherwise specified in the changes and additions.
7.3. The Contractor has the right to unilaterally refuse to perform this Agreement by notifying the Customer in writing at least 1 (one) day before the expected date of withdrawal from the Agreement.
7.4. Termination of this Agreement does not release the Customer from liability for violations of the terms of this Agreement that took place during its term.
7.5. To refuse to receive services, it is enough for the Customer not to pay for such services.
9. FORCE MAJOR CIRCUMSTANCES
9.1. The parties are released from liability for non-performance or improper performance of their obligations in the event that such non-performance or improper performance occurred due to force majeure (force majeure). Force majeure circumstances are those that have occurred against the will or against the will or desire of the Parties and that cannot be foreseen or avoided, including: hostilities, riots, epidemics, blockades, fires, earthquakes, other natural phenomena, natural disasters, failures in electricity supply and in the work of communications used for the provision of services, adoption of acts of state bodies and other circumstances independent of the Parties, which make it impossible for the Party to timely, fully and properly fulfill its obligations under this Agreement.
9.2. In the event of force majeure, the Party under its influence shall notify the other Party within 5 (five) days from the occurrence of such circumstance or from the moment such Party has the opportunity to notify the other Party of the occurrence of the circumstance. Upon termination of force majeure circumstances, the Party under their effect shall notify the other Party of such termination within 5 (five) days from the end of force majeure circumstances, or from the moment such Party has the opportunity to notify the other Party of termination force majeure circumstances.
9.3. If force majeure lasts more than 3 (three) months in a row, each Party has the right to refuse further performance of obligations under this Agreement and, in this case, neither Party will be entitled to compensation by the other Party for possible damages. .
10. OTHER TERMS OF THE AGREEMENT
10.1. This Agreement is concluded in full understanding of its terms and terminology, which is used in it and corresponds to the actual intentions of the Parties in terms of legal obligations imposed on them.
10.2. The contract and other documents posted on the site constitute a single contract between the Contractor and the Customer.
10.3. The Contractor is not responsible for the content and veracity of the information provided by the Customer when ordering the Services. The Customer is solely responsible for the accuracy of the information provided when placing such an order.
10.4. All information related to the implementation of this Agreement is confidential.
10.5. The Customer has the right to use the Contractor’s Services under this Agreement exclusively in its internal activities without the right to alienate them or transfer them in any way for the benefit of third parties.
10.6. The Parties undertake to keep confidential information obtained as a result of the implementation of this Agreement, except in cases where it is authorized in writing by the other Party or required by public authorities in accordance with applicable law. The guilty Party shall be liable for the disclosure of confidential information in accordance with the current legislation of Ukraine.
10.7. The Parties shall be guided by the provisions of the current legislation of Ukraine on issues not provided for by the terms of this Agreement.
10.8. The authors of the course “MY DANCE BREAKTHROUGH” TIPS4HIPS “are Sekelyk Julia Vladimirovna and Torgonska Julia Nikolaevna and respectively they own intellectual property rights, which consist of personal non-property intellectual property rights and intellectual property rights.
10.9. All materials are objects of intellectual property, the rights to which belong to Sekelyk Julia Vladimirovna and Torgonskaya Julia Nikolaevna.
10.10. No intellectual property rights to the materials pass to the Customer.
11. PERSONAL DATA AND THE PROCEDURE OF THEIR PROCESSING
11.1. By accepting the Agreement, the Customer voluntarily consents to the collection and processing of its own personal data, ie to perform the following actions in relation to the Customer’s personal data: collection, systematization, entry into the Contractor’s database, including electronic, accumulation, storage, clarification, and also for further use and dissemination by the Contractor of personal data in accordance with the provisions of the Law of Ukraine “On Personal Data Protection”.
11.2. Collection of personal data is a component of the process of their processing, which involves actions to select, organize information about the Customer and enter them into the personal database.
11.3. Dissemination of personal data involves actions to transfer information about the Contractor from personal databases with the consent of the personal data subject.
11.4. Dissemination of personal data without the consent of the personal data subject (Contractor) or a person authorized by him is allowed in cases provided by law, and only in the interests of national security, economic welfare and human rights.
11.5. Personal data in personal databases are destroyed in the manner prescribed by the requirements of the legislation of Ukraine.