Public offer

1. General Provisions

1.1. This document, in accordance with the Civil Code of Ukraine, is an official proposal (public offer), hereinafter referred to as "Offer", "Master’s creative course in Java, Tetiana Polhul", "Contractor," and contains all essential terms necessary for providing consulting services on informatization, hereinafter referred to as "Services."
1.1.1. "Author's Course, Tetiana Polhul" refers to the fact that the services are provided by the Individual Entrepreneur Polhul T., according to the conditions of this Offer and its appendices, which are an integral part of it.
1.2. In accordance with Articles 641 and 642 of the Civil Code of Ukraine (CC Ukraine), upon accepting the conditions outlined below and paying for the Services, the legal or natural person accepting this offer becomes the "Customer" (acceptance of the offer is equivalent to entering into a contract under the terms specified in the Offer).
1.3. Considering that the Contractor, in accordance with Article 633 of the CC Ukraine, provides Services to any legal entity, natural person conducting entrepreneurial activities without creating a legal entity, or a natural person, and the Customer becomes a user of the Contractor's services after accepting the offer, the Parties agreed to unconditionally and irrevocably accept the terms of this Offer and undertake to adhere to them strictly.
1.4. In view of the above, carefully read the text of this Offer, and if you disagree with any provision of the Offer, the Contractor suggests that you refrain from using the Services.
1.5. Acceptance of the offer involves registration for the selected course of consulting services on informatization by the Customer and subsequent payment for the Contractor's services.
1.6. Amendments or additions to this Offer are possible only when concluding a written Agreement. In this case, the Offer is an integral part of the corresponding written Agreement.
1.7. Registration for the course of consulting services and subsequent payment for the Contractor's services, as a means of accepting the terms (consent to the terms) of the Offer, implies the Customer's agreement (if the Customer is a natural person) or the physical person – representative of the Customer (hereinafter referred to as the "data subject") to process their personal data by the Contractor for the purpose of fulfilling the conditions of this Agreement, facilitating mutual settlements, as well as receiving invoices, acts, and other documents. The consent to process personal data is valid throughout the term of the Offer and for the next five years after its expiration. The destruction of personal data is a reason for terminating the Offer and is carried out solely based on a written (paper) application from the Customer. In this case, the Offer is terminated from the date indicated in the respective notice from the Contractor. In addition, by accepting this Offer, the data subject confirms that they have been informed (without additional notice) about the rights provided by the Law of Ukraine "On the Protection of Personal Data," the purposes of data collection, and that their personal data is transferred for the purpose of fulfilling the conditions of this Offer, facilitating mutual settlements, as well as receiving invoices, acts, and other documents. The data subject also agrees that the Contractor has the right to provide access and transfer their personal data to third parties without any additional notice to the data subject, without changing the purpose of processing personal data. The extent of the data subject's rights in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by them.
2. Subject of the Offer
2.1. The subject of this Offer is the paid provision of consulting Services on informatization to the Customer.
2.2. The Contractor provides services in the following forms:
2.2.1. In-person events (seminars, training sessions, workshops, thematic courses, etc.).
2.2.2. Remote events using internet broadcasting (webinars, broadcasts of workshops, seminars, thematic courses, etc.).
2.2.3. Recordings of events provided in electronic format via the Internet.
2.2.4. Educational courses provided in electronic format via the Internet.
2.2.5. The Contractor has the right to unilaterally change the Calendar of events and the terms of the public offer at any time without prior agreement with the Customer, providing the publication of the amended terms on the Contractor's Official Website https://tetianapolhul.com or in the Contractor's official social media groups on Instagram (https://www.instagram.com/polgul_t/) (hereinafter - Websites), no later than one day before their implementation.
2.3. The Offer is an official document, has legal force, and is published on the Websites.
2.4. The Customer agrees that any possible disputes regarding this Offer will be resolved in accordance with the legislation of Ukraine.
3. Rights and Obligations of the Parties
3.1. Obligations of the Contractor:
3.1.1. Timely provide Services to the Customer in accordance with the terms of this Offer.
3.2.2. Promptly submit all requests related to the subject of this Offer in writing to the Contractor.
3.2.3. Timely and fully pay for the Services.
3.2.4. Sign the Act of completed work within 10 (ten) calendar days from the moment of its receipt.
3.2.5. In case the Customer does not request the Act of completed work within 10 (ten) calendar days after receiving the relevant notification from the Contractor about the completion of the Services or does not sign it within 10 (ten) calendar days after its submission, and the Contractor has not received a reasoned refusal to accept the Services (sign the Act), then the Act of completed work is considered signed, and the Services provided properly and in full without any comments or claims from the Customer's side. The legal consequences of this fact are equated to signing the Act of completed work.
3.3. The Customer has the right to inform the Contractor of any identified deficiencies in the provision of Services.
3.4. The Contractor has the right to receive timely information necessary for providing Services.
3.5. The Contractor has the right to suspend the provision of Services with simultaneous notification of the Customer in case of the Customer's failure to comply with any agreements and obligations specified in this Offer (or any other Agreement with the Customer) or during its performance, both in written and oral form; the creation by the Customer, for any reason, of conditions, technical or economic, that hinder the normal completion of this Offer; the Customer's failure to provide any materials specified in this Offer; the Customer's untimely or incomplete payment for the Services. In the above-mentioned points, if the reasons for suspending the Offer are not eliminated, the Offer contract may be terminated (at the Customer's fault). The results of the work performed will not be transferred to the Customer in this case. The resumption of Services will only occur after the Customer eliminates the reasons that led to the suspension of the Services. The term of providing Services automatically extends for the duration of the suspension.
4. Responsibility of the Parties
4.1. The Performer (Executor) shall not be held responsible under any circumstances for:a) any actions/inactions that are a direct or indirect result of actions/inactions of any third parties;b) any indirect damages and/or lost profits of the Customer and/or third parties, regardless of whether the Performer could foresee the possibility of such damages or not;c) the use (or inability to use) and any consequences of using (or inability to use) the payment method chosen by the Customer for the Services under this Offer.
4.2. In case of non-performance or improper performance of their obligations under this Offer, both Parties shall bear responsibility in accordance with the current legislation of Ukraine.
4.3. In the event of claims, disputes, application of penalties by third parties and/or regulatory authorities related to the provision of the Services under this Offer, the Customer shall consider and resolve these matters independently without involving the Performer and shall promptly compensate the Performer in full for any damages, expenses, including penalty sanctions, caused by violations of the aforementioned rights, guarantees, etc.
4.4. The Performer is not liable for actions (or inactions) and decisions made by governmental and other authorities related to the implementation of this Offer.
4.5. The Performer is not responsible for any extension of the service provision period due to the non-operational work of governmental and other authorities related to the implementation of this Offer.
4.6. The Customer bears full responsibility for compliance with all the requirements of Ukrainian legislation and international law, including responsibility for the content of the application (order).
4.7. In case of the Customer's violation of the terms of the proposed opportunities, the Performer has the right to suspend the provision of the Services until the Customer rectifies the violations and/or terminate the Offer by sending an appropriate notification to the Customer's email address specified during the submission of the application (order).
5. Terms and Conditions of Service Provision
5.1. Consultation services are provided in full upon their 100% payment by the Customer.
5.2. Certain courses and events determined by the Performer may have a trial (unpaid) period, which lasts no more than 7 (seven) days. After the specified period, if the Customer continues to participate in the course or event, participation in the designated courses and events becomes paid, including the trial period.
5.3. The fact of purchasing consultation services is an unquestionable acceptance of this Offer by the Customer. The Customer who uses the Performer's services is considered a party that has entered into contractual relations with the Performer.
5.4. Payment for courses/events is made through the corresponding link on the course/training page. During the payment, the Customer provides their contact information in a special form on the website. The Customer is fully responsible for the accuracy and authenticity of the provided contact information since information exchange will be conducted using this contact information. After payment under this agreement without issuing an invoice, the Customer receives automatic confirmation on the Websites.
5.5. The link to access paid courses/remote events is sent to the Customer's email address provided during the application submission only after receiving 100% of the Customer's funds to the Performer's account. In case the Customer has paid but has not received the link to access the paid course/remote event within 3 working days after the payment, it is necessary to contact the Tetiana Polhul Support Service at info@tetianapolhul.com (hereinafter - Support Service) and provide a copy of the payment receipt.
5.6. If the Performer fulfills their obligations under this Offer properly, the Customer accepts the completed work, including the Certificate of Completion, which the Performer sends to the Customer upon their request, taking into account the conditions stated in 3.1.4 and 3.2.5 Proposed Opportunities. In accordance with point 3.2.4, the Customer signs the received Certificate of Completion. In case of defects found by the Customer during the acceptance of the Services provided by the Performer, the Customer undertakes to provide a motivated refusal of acceptance with specified defects and a deadline for their rectification to the Performer within the same period. The Performer is obliged to rectify the defects mentioned in the refusal within a reasonable period and provide a new Certificate of Completion to the Customer. If the Customer does not sign the new Certificate of Completion and does not submit a motivated refusal of the completed work within 3 (three) days, the new Certificate is considered signed, and the work is considered accepted. If the Certificate of Completion is not executed, the work is considered accepted if the Customer does not present written claims to the Performer within 10 (ten) days. The absence of a request for a refund in accordance with clause 6.7. of this contract means that the services were provided in a timely manner and of proper quality.
5.7. The Performer reserves the right to exclude the Customer from the event without the right to a refund in case of violation of conduct rules during the event, including inciting interethnic conflicts, distracting participants from the webinar topic, spamming, advertising, using inappropriate language, insulting the host, staff, or participants.
5.8. The Performer reserves the right to record conducted events.
5.9. Payment for the Services is made by the Customer through one of the proposed methods on the website. The choice and use of the payment method/form of the Services are made at the Customer's discretion from the options provided. The security, confidentiality, and other conditions of using the chosen payment method/form by the Customer go beyond this Offer and are governed by agreements (contracts) between the Customer and the relevant organizations.
5.10. The Performer determines distance courses and events. At the Customer's written request to the Support Service, an academic leave (so-called "freeze period") is available. The maximum academic leave period is 30 calendar days per half-year. During the academic leave, unused funds are frozen on the Customer's balance. To activate the academic leave, the Customer must contact the Support Service and request an academic leave. The activation of the academic leave cannot be made retroactively and cannot last less than 5 calendar days. The activation of the academic leave occurs either from the date of receiving the Support Service's request for an academic leave or from the date specified in the future. After the 30-day academic leave in a half-year, the previously paid educational period is activated, and the funds are deducted from the Customer's balance. If the Customer does not use the activated educational period after the academic leave, the Performer has the right to consider the educational period fully used by the Customer and assign the status of "Rejected". The restoration of services to the Customer is provided based on a new application through the Performer's resources or letters to the Support Service. In this case, the conditions and tariffs in effect at the time of service restoration apply.
5.11. Monetary funds paid by the Customer but not used within the selected service are kept on the Customer's balance, and the Customer can use them to pay for any other services provided by the Performer within one month, in accordance with point 2.2. If the Customer does not use the previously paid monetary funds within one month, the Performer has the right to consider the provided services properly provided and in full.
6. Term of Validity, Changes to Terms, and Termination of the Offer
6.1. The Offer is effective from the moment of publication on the Internet on the website, comes into force from the moment of acceptance of the offer by the Customer, and is valid until the completion of the Services by the Performer according to this Offer.
6.2. All changes and additions to this Offer have legal force only if made in writing, certified by the signatures and seals of authorized representatives of the Parties.
6.3. The Offer can be terminated by mutual agreement of the Parties.
6.4. In case of a material breach of the terms of the Offer by one of the Parties, the other Party has the right to unilaterally terminate the Offer, notifying the Party that breached the terms of the Agreement in writing not less than 14 calendar days in advance.
6.5. Upon termination of the Offer or its expiration, all existing electronic information of the Customer is stored by the Performer for the period regulated by internal documents.
6.6. The real offer may be changed by the Performer unilaterally for all its clients with simultaneous publication of a new version on the website and notifying all clients of the Performer via email. In case of disagreement with the introduced changes, a separate written agreement is concluded, in which controversial issues will be resolved.
6.7. The Customer has the right to refuse the provision of paid consultation services and demand a refund of the paid amount in the following cases:
6.7.1. In case of refusal to participate in an in-person event (course) no less than 14 days before the start of the paid event (course). In certain cases, a refund may be issued if the refusal is made no less than 30 days before the start of the event; additional information is provided in the payment terms of the corresponding event.
6.7.2. In case of the Customer's refusal to access the paid online course before the granting of access to the said online course. If the request is received later than the moment of granting access to the online course, the advance payment is not refunded.
6.7.3. In case of the Customer's refusal during the online course, the advance payment is partially refunded in proportion to the unprocessed days of the course compared to the total duration of the online course. The date of termination of the online course is determined by the date of receipt of the application from the Customer, regardless of the number of successfully processed days by the Customer.
6.8. To receive a refund, the Customer must submit a request for a refund to the Support Service within the specified period. The original request, in the prescribed form, completed and signed by the Customer, is sent to the Performer. The refund is made to the account from which the Performer received the payment. The refund is made within 3 (three) business days from the moment the Performer receives the original request for a refund.
During the refund, the bank's commission and transaction costs, if the payment was made using electronic payment systems, are borne by the Customer.
7. Guarantees
7.1. Except for the warranties explicitly specified in the text of the Offer, the Performer does not provide any other direct or indirect warranties under this Offer.
7.2. By agreeing to the terms (accepting the conditions) of this Offer, the Customer assures and guarantees the Performer that:
7.2.1. In case the Customer provides the Performer with inaccurate data or materials, the Customer bears full responsibility (including financial) for any negative consequences related to the provision of Services by the Performer under this Offer.
7.2.2. The Customer enters into the Offer voluntarily, confirming the following:
а) the full familiarity with the terms of the offer,
b) the full understanding of the subject matter of the Offer,
c) the full understanding of the significance and consequences of their actions regarding the conclusion and performance of the Offer.
7.2.3. The Customer has all the rights and authorizations necessary for the conclusion and performance of the Offer by the Customer.
7.3. All information provided in connection with the execution of the Offer is confidential. The Parties undertake not to disclose it to third parties and not to use it for any purposes not provided for in the Offer.
7.4. The warranties specified in the Offer are valid for an indefinite period and do not expire after the termination of this Offer.
8. Force Majeure
8.1. The Performer and the Customer are released from the non-fulfillment or improper performance of their obligations under the current Offer if such non-fulfillment or improper performance is a result of force majeure circumstances that arose after the conclusion of the current Offer, have an extraordinary nature, and which the Performer and the Customer could neither foresee nor overcome by reasonable means. Such circumstances include floods, fires, earthquakes, and other natural phenomena, as well as war, military actions, strikes, acts, or actions of competent authorities, government bodies, and any other similar circumstances beyond the control of the Parties..
8.2. If force majeure circumstances last for more than 3 months, each of the Parties has the right to terminate the validity of this Offer.
9. Other Conditions
9.1. The Offer, its conclusion, and execution are governed by the current legislation of Ukraine. All issues not regulated by the Offer or regulated incompletely are governed by the substantive law of Ukraine. In case of discrepancies between the Customer and the Performer regarding the Offer, which cannot be resolved through negotiations between the Parties, they will be settled in the manner provided for by the current legislation of Ukraine.
9.2. The Offer constitutes a complete agreement between the Performer and the Customer. The Performer does not assume any conditions or obligations regarding the subject matter of the Offer, except those specified in the Offer and confirmed by the Application, which regulate the performance of the Offer, except for cases when such conditions or obligations are fixed in writing and signed by the Performer and the Customer. In case any terms of the Appendices or the Application contradict the terms of the Offer, the provisions of the Offer shall prevail.
9.3. If any of the conditions of the Offer are recognized as invalid or illegal, or cannot come into force in accordance with the current legislation, such condition should be excluded from the Offer and replaced with a new provision that most closely corresponds to the initial intentions contained in the Offer, while the other provisions of the Offer remain unchanged and in force.