PUBLIC CONTRACT (TENDER)

on the provision of educational services

(Editorial dated March 19, 2024)

1. TERMS
   • This document, the provisions of which are set out below, is a public offer (public offer), in accordance with the provisions of Art. 633, 641 of the Civil Code of Ukraine.
   • According to part 2 642 of the Civil Code of Ukraine, the acceptance of this Offer is the performance of one or more actions provided for in clause 2. of this Offer.
   • Acceptance (acceptance) of this Offer means full and unconditional acceptance by the Customer of all conditions without any exceptions and/or limitations and is equivalent to the conclusion of a bilateral written contract by the parties on the terms set forth in this Offer.
   • Acceptance of the Offer by the Customer means that the Customer understands all the terms of service provision and the terms of the offer, the Customer has exercised the right to receive any clarifications from the Contractor regarding the terms of service provision under this offer, and also confirms that the terms of service provision and the offered opportunities are in accordance with the will , needs and requirements of the Customer.
   • Acceptance of the offer means that the Offer does not contain clearly burdensome conditions for the Customer, and the services specified in this Offer are not imposed on the Customer.

2. TERMS AND THEIR DEFINITIONS
   • Acceptance – full and unconditional acceptance of the terms of the Agreement and the Customer’s agreement with all its provisions, without any exceptions, limitations or reservations.
   • The executor is a natural person-entrepreneur Shevchenko Mykhailo Petrovych, registration number in the UDR 2010350000000293183, dated 04.2023. Acceptance – full and unconditional acceptance of the terms of the Agreement and the Customer’s agreement with all its provisions, without any exceptions, limitations or reservations.
   • The customer is a user (potential user) of the Contractor’s services under the terms of this Offer, who has provided his personal data and consent to their processing, is an able-bodied natural person who has reached the age of 18, or a legal entity, and has the legal right to enter into contractual relations with the Contractor .
   • Party – the Customer or the Contractor individually and in the understanding of a specific case.
   • Parties – the term used to refer to the Customer and the Contractor together.
   • Contract (Offer) – this public offer of the Contractor to enter into a contract for the provision of educational services, the list, cost and scope of which is available on the Contractor’s Website.
   • The site is a web page on the Internet at https://conservative.study/.
   • The Internet is a worldwide information system of general access, which is logically connected by the global address space and is based on the Internet protocol defined by international standards.

3. SCOPE OF THE CONTRACT
   • The Contractor undertakes to provide the Customer with educational services (training) within the framework of the developed educational programs, the list, scope and cost of which are available on the Contractor’s Website, in accordance with the procedure and under the conditions specified in this Agreement.
   • The Customer accepts the Contractor’s services under the terms of this Agreement and pays the Contractor the cost of such services.
   • The Contractor’s services are provided by qualified lecturers, according to the schedule approved by the Contractor, online, using video conferencing services.
   • Terms of service provision, types and detailed information on available programs with the number of lectures included in each program are indicated on the Contractor’s website.

4. CONTRACT CONCLUSION PROCEDURE
   • In order to use the Contractor’s services, the Customer must accept the Offer – that is, accept all the terms of the Agreement without exception, and give consent to the processing of his personal data, in accordance with the Contractor’s Privacy Policy.
   • The contract is considered to have been concluded, and its terms fully and unquestionably accepted by the Customer if he has performed one and/or several of the following actions:
     • full payment for the Contractor’s services has been made;
     • partial payment of the Contractor’s services has been made;
     • actual use of the Contractor’s services.
   • The date of entry into force of the Agreement is the date of its acceptance by the Customer.
   • Acceptance of the Offer is equivalent to concluding a contract in a simple written form. Such an agreement has the same legal force and is binding on the parties.
   • The Customer, accepting the Agreement, is aware of the significance of his actions and all legal consequences and confirms that he has read all the terms of the Agreement, the cost, scope and terms of service provision posted on the Contractor’s Website and agrees with them.

5. PROCEDURE FOR ORDERING SERVICES
   • Services are ordered by the Customer sending the relevant request to the Contractor by means of telephone (verbal) or electronic communication (in writing), to the Contractor’s e-mail address or by filling out and sending to the Contractor the “REGISTER” form posted on the Contractor’s Website.
   • On the basis of the Customer’s request, the Contractor creates an invoice for payment of services, which is sent to the Customer by means of electronic communication.
   • After receiving the invoice, the customer shall pay it under the conditions specified in Section 6 of the Agreement. Upon prior agreement with the Contractor, payment for services under the Agreement may be made in installments.
   • The sent request for the provision of services from the Customer, the Contractor’s account, which has been created for payment by the Customer for services, and full or partial payment by the Customer of the cost of services are confirmation that the Agreement has been concluded.
   • Until the moment of payment, the Customer has the right to receive consultations and clarifications regarding the provision of services from the Consultants of the Contractor both by means of telephone communication and through the exchange of letters by e-mail.
   • The Customer’s payment (even partial) is confirmation of the fact that the Customer has familiarized himself with and agreed to all the terms of the Agreement, additional agreements and annexes that operate within the framework of the provision of services. If there is a fact of payment of the bill, the Customer confirms that he has read and agrees with its terms.

6. COST OF SERVICES AND CALCULATION PROCEDURE
   • The cost of the Contractor’s services under the Contract is determined in the order in accordance with the program/programs selected by the Customer on the Contractor’s Website.
   • The cost of services does not include additional commissions of banks, payment systems or currency conversion.
   • Payment for services is made in the national currency of Ukraine – hryvnia.
   • On the day of concluding the Agreement, the Customer pays 100% of the cost of the services according to the invoice created by the Contractor. By mutual agreement of the Parties, the Customer can pay 50% of the cost of services at the time of concluding the Agreement, and 50% within 7 (seven) calendar days after the start of services.
   • Payment for the Contractor’s services can be made in one of the following ways:
     • non-cash transfer of funds to the Contractor’s account;
     • depositing cash in the Executor’s cash register, in compliance with the requirements of current legislation on cash circulation;
     • online payment through the payment system built into the Contractor’s Website.
   • The contractor has the right to provide one or more payment methods. The Contractor has the right at any time and at his discretion to change/remove any payment methods without any notice and making changes to this Agreement.
   • The day of payment is considered the day of receipt of funds to the Contractor’s bank account or the day of cash payment in the Contractor’s cash register.
   • The Contractor has the right to request from the Customer, and the Customer undertakes to provide a bank statement for the resolution of conflicting financial issues related to the payment of the cost of services, with the return of funds in cases provided for by the Legislation, as well as for the resolution of other conflicting financial issues.
   • Funds paid by the Customer under this Agreement are subject to return exclusively under the conditions specified in the Agreement and in the amount determined at the Contractor’s discretion.
   • Lessons missed by the Customer, under any circumstances, will not be compensated in any way, and the money paid for them will not be refunded.

7. RIGHTS AND DUTIES
   • The performer undertakes:
     • To provide the Customer with services in a proper manner, in the order and volume, in accordance with the selected program. To organize a training process for the Customer with a qualified teacher.
     • In the process of providing the service, the performer assumes responsibility for the technical support of his online broadcasts.
     • The Contractor guarantees to provide the Customer with complete and reliable information about the provided service at his request.
     • The Contractor is responsible for the storage and processing of the Customer’s personal data, ensures the confidentiality of these data in the process of their processing and uses them exclusively for providing high-quality service to the Customer.
   • The executor has the right to:
     • Demand from the Customer the fulfillment of the obligations assigned to him in accordance with the terms of this Agreement.
     • To receive payment for services in a timely manner and in full in accordance with the procedure specified in the Agreement.
     • To use the Customer’s personal information provided by the latter in any way that does not contradict the law.
     • To change the conditions of this Offer unilaterally at any time, without prior notice to the Customer, by publishing the updated Offer on the Site.
     • Entrust or otherwise transfer your rights and obligations arising from the relationship between the Contractor and the Customer to third parties, subject to compliance with the rights and interests of the Customer.
     • Independently, without agreement with the Customer, set the schedule and duration of classes, the order and form of payments.
     • If the Customer violates the terms of this Offer, the Contractor has the right to restrict the Customer’s access to classes with or without notification to the email address. At the same time, classes missed by the Customer will not be compensated.
     • In the event that the Customer violates the ethical standards of behavior in the process of providing services and interferes with the training process, the Contractor has the right to exclude the Customer from receiving services without refund.
     • Terminate this Agreement unilaterally under the conditions stipulated in Section 8 of the Agreement.
   • The customer undertakes :
     • Accept from the Contractor the services provided in accordance with this Agreement, in the manner established by the Agreement.
     • Timely and in full to make payment for services in the amounts, terms and in the order established by the Agreement.
     • Provide reliable information about yourself during the enrollment process. The customer is responsible for the accuracy of such information.
     • Fulfill the Contractor’s requirements regarding the organization of the educational process and independently provide the technical capabilities for receiving the Contractor’s services online.
     • Not to reproduce, not to repeat, not to copy, not to sell, and also not to use for any commercial purposes the information and materials that became available to him during classes.
     • Do not register for training on behalf of or on behalf of another person. Do not impersonate another person or a representative of an organization without sufficient rights to do so.
     • To observe confidentiality and not to provide third parties with information regarding this Agreement and other information received in the course of the execution of this Agreement, without the prior written consent of the Contractor, with the exception of cases provided for by this Agreement and the current legislation of Ukraine.
   • The customer has the right to:
     • Receive Services in the manner and on the terms established by the Agreement.
     • Demand compliance by the Contractor with the terms of this Agreement.
     • To receive information about the schedule and duration of classes in advance, both by means of telephone communication and by exchanging letters by e-mail.
     • No later than 2 (two) working days before the 1st (first) lesson, refuse the training and demand from the Contractor a partial return of the money paid under the Agreement.
     • Terminate this Agreement unilaterally in the manner and under the conditions provided for in Section 8 of the Agreement.

8. TERM OF EFFECTIVENESS AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
   • This Agreement enters into force from the date of its acceptance by the Customer and is valid until the Parties fulfill their obligations under the Agreement.
   • This Agreement may be terminated by agreement of the Parties. Unilateral refusal to participate in this Agreement is allowed only under the conditions specified in the Agreement.
   • The Contractor has the right to unilaterally terminate this Agreement without returning the money paid by the Customer under the following conditions:
     • The customer violates ethical norms of behavior in the process of providing services or interferes with the learning process.
     • In case of violation by the Customer of payment terms for the Contractor’s services.
     • In the event of establishing the fact that the Customer impersonates another person or represents an organization in the absence of authority for such representation or is not endowed with legal capacity or legal capacity to enter into this Agreement.
     • In case of dissemination of false information about the Executor of his lecturers and “Ukrainian Institute of Conservative Research and Innovation”, if such dissemination degrades honor and dignity or spoils business reputation.
     • У випадку виявлення факту порушення Замовником авторських прав Виконавця, а також у випадку розповсюдження чи поширення матеріалів, лекцій та іншої інформації отриманої від Виконавця в процесі навчання.
   • The Contractor also has the right to terminate this Agreement on his own initiative and without giving reasons. In this case, the Contractor undertakes to return to the Customer the funds paid under this Agreement.
   • The Customer has the right to unilaterally refuse the services of the Contractor, which will result in the termination of the Agreement. If the Customer unilaterally terminates the Agreement, the funds paid by him are not subject to return, except in the following cases:
     • The Customer notified the Contractor in advance of the refusal to receive services, in accordance with Clause 7.4.4. Agreement.
     • The Contractor for a long time (2 weeks or more), due to his own fault, does not provide the Customer with services under the Agreement.
   • The party that expressed a desire to terminate the Agreement sends a notice of termination of the Agreement to the other party by means of electronic communication. The conclusion of any additional agreements between the parties is not mandatory. The contract is considered terminated from the day following the sending of such notice.

9. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE
   • The Parties are responsible for failure to perform, improper performance or violation of obligations under the Agreement in accordance with the procedure provided for by the legislation of Ukraine and the Agreement.
   • The executor is responsible only for those obligations that are expressly defined by the Agreement.
   • Сторона, яка порушила зобов’язання, передбачені Договором, повинна усунути (за можливості) такі порушення у найкоротший строк.
   • The Customer bears full responsibility for the reliability of the data and information provided by him to the Contractor when concluding the Agreement. The Customer bears the risks of all negative consequences in connection with failure to provide or provision of unreliable or outdated data.
   • None of the Parties shall be liable for failure to perform or improper performance of its obligations under the Agreement, if such failure or improper performance is caused by force majeure (force majeure). At the same time, the inability to pay for the services of the Contractor, the lack of funds to pay for the services, are not subject to force majeure.
   • The Party for which force majeure circumstances have arisen is obliged to notify the other Party about them no later than 3 (three) calendar days after the occurrence of such circumstances. In the same way, the Party for which the force majeure circumstances occurred is obliged to notify the other Party about their termination.
   • The counterparty of the Party affected by the force majeure circumstances has the right to demand from the other Party documentary confirmation of the facts specified in the notification of the occurrence of the force majeure circumstances.
   • All disputes and disagreements arising in the process of fulfilling the terms of the Agreement or in connection with their interpretation shall be resolved through negotiations between the Parties.
   • If it is impossible to settle them through negotiations, the interested Party applies to the court of the relevant jurisdiction in accordance with the current legislation of Ukraine.

10. INTELLECTUAL PROPERTY RIGHTS
    • All materials posted on the Site, as well as materials provided to the Customer during the provision of educational services, are subject to copyright. Nothing in this Agreement shall be construed as a transfer by the Contractor of any intellectual property rights to the educational materials and/or permission to use such educational materials for a purpose other than that specified in this Agreement.
    • In case of detection of illegal use of intellectual property (use of the brand for commercial purposes; copying or processing of course materials, or their distribution; purchase of access to the course for shared use and transfer of credentials for access to training to third parties, etc.), the Contractor has the right terminate the provision of services, prevent the violator from attending classes, and terminate this Agreement.
    • The executor has the right, at his choice, to demand from the violator full compensation for damages caused by such a violation.

11. FINAL PROVISIONS
    • The terms of this Offer are valid until the time of withdrawal / change of the Offer by the Contractor. The Contractor has the right to unilaterally change the terms of the Offer, including by publishing it in a new edition on the Site. At the same time, the Customer undertakes to independently monitor changes to these conditions by periodically visiting the Site.
    • By signing this Agreement, the Customer grants the Contractor the right to collect, process and store his personal data, in accordance with the terms of the Privacy Policy.
    • When concluding the Agreement, the Customer agrees that the Contractor has the right to send him written messages, advertising mailings, informational messages and other materials via messengers or to the phone number and e-mail specified in the order. The customer has the right, if necessary, to refuse to receive them.
    • In cases not regulated by this Agreement, the Parties undertake to be guided by the norms established by the current legislation of Ukraine.

12. DETAILS OF THE PERFORMER

Individual entrepreneur Shevchenko Mykhailo Petrovych

registration number in the UDR: 2010350000000293183 dated 04/15/2023

Phone: 0 97 153 13 98