PUBLIC CONTRACT (TENDER) ON THE PROVISION OF INFORMATION SERVICES

1. GENERAL PROVISIONS

1.1. This Public Agreement (hereinafter referred to as the Offer, Contract) is an official offer of the "Executor" on the SITE website to provide Information Services to legal entities and/or legally competent individuals (hereinafter referred to as the Customer) on the following terms and conditions by providing information via text, video, photo, audio lessons/messages – a special form of information transfer aimed at the Customer acquiring additional knowledge, abilities and skills in a certain field of activity as a result of the Customer using special measures that they determine at their own discretion.
1.2. Acceptance (acceptance) of this Offer means full and unconditional acceptance by the Customer of all conditions without any exceptions and/or limitations and is equated in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine (hereinafter the Civil Code of Ukraine) until the parties enter into a bilateral written Agreement on the terms set forth below in this Offer.
1.3. This Public Agreement for the provision of Information Services (Offer) is considered concluded (accepted) from the moment the Customer accepts all its terms, as well as the Rules for the provision of Information Services (hereinafter - the Rules), which are an integral part of this Agreement.
1.4. The moment of acceptance of the terms of this Agreement and the Rules is the Customer's registration at the course (event), by adding him as a participant of the course/closed group (chat) in the Telegram social network.
(i) The Customer's registration for the course (event) is carried out after confirmation of payment by the Customer, namely the crediting of funds to the Contractor's account for the relevant course (event) in the amount of not less than 50% of the total cost of the course (event).

DEADLINES
For the purpose of this Offer, the following terms are used in the following meaning:
The offer is a public contract for the provision of information services.
Website address: https://innapodymaka.tilda.ws/, which is used by the Executor on ownership rights.
Information services (hereinafter - Services) – the list and cost of which are specified on the Site. Participation in thematic marathons in the format of information services, (i) namely multimedia courses, trainings, marathons (in recording and streaming format), (ii) provision of related information services of the Contractor in the form of consultations, using free software with closed code, which provides encrypted voice and video communication over the Internet between computers (VoIP), (iii) or the provision of other information and consulting services.
The format of service provision and the need to provide related information services are determined by the Contractor independently.
Participant of courses/events – the Customer who has been granted by the Contractor limited access to closed channels/chats/groups created by the Contractor in social networks. And also, giving the Customer, as a participant, access to the materials described on the site, in the Instagram profile, WhatsApp, Telegram channels.
The executor is a natural person-entrepreneur I.O. Podymaka, TIN 3010917825, e-mail: innapodymaka.site@gmail.com, phone +380636412023.
The customer is any natural or legal person who has accepted the Offer under the conditions set forth in it.
Confidential information - all confidential information that the Executor of this Agreement directly or indirectly discloses or provides to the Customer, for the purpose of providing/using the Information Services provided under this Agreement, which relates to the personal data of course (event) participants, any course materials (audio, video , text files and messages, etc.) and all other information reasonably considered confidential by the Contractor;
2. SUBJECT OF THE OFFER
2.1. The subject of this Offer is the provision of Information services to the Customer by the Contractor in accordance with the terms of this Offer for a certain fee paid by the Customer to the Contractor.
The format, list and scope of the provided services is determined by the Contractor separately, depending on the course (event) chosen by the Customer.

3. PAYMENT
3.1. The cost of services is determined on the Contractor's website.
3.2. Payments under this Agreement are made by one of the methods offered to the Customer, including when clicking the "Pay" button, which include:
- Payment by electronic means;
- Payment through payment terminals or Internet banking;
- Payment to the current account of the Contractor through a bank or acquiring bank;
- Payment through specially authorized agents (individuals or legal entities)
- In other ways upon prior agreement with the Contractor.
3.3. Services are provided on condition of prepayment.
The customer has the option to pay in installments. The paid amount is partially a deposit and in the event of the Customer's refusal to make further full payment or to participate in the event, it will not be returned to the Customer.
3.4. Payment for services is made within the term established by the Contractor.
3.5. In case of violation of the payment deadline set by the Contractor for more than 10 working days, the Contractor has the right not to provide access to the course (event) or to temporarily stop the Customer's access to materials (chats, groups, channels in social networks) until the Customer makes full payment in accordance with the terms of the Agreement .

4. TERMS OF PROVISION OF INFORMATION SERVICES
4.1. The Contractor provides the Customer with limited access to the Information Services located in the personal account on the website.
4.2. Access to Information Services is provided to the Customer subject to full payment specified on the website.
4.3. The purchase of the course material is confirmed by the Customer filling out the appropriate application and making payment using one of the methods specified in clause 3.2. of this Agreement and specified on the Site when clicking on the "Pay" button.
4.4. In order to give the Customer access to the personal account, the Customer must provide his contact details, namely: first and last name, mobile phone number, e-mail.
The Contractor is not responsible for the accuracy, legality and truthfulness of the Customer's personal data provided by the Customer to the Contractor for the purpose of registering him as a course (event) participant and granting him access to his personal account.
4.5. Access to the service is provided to the Customer within 2 working days from the moment of confirmation of receipt by the Contractor of the required amount of payment.
If at the end of this term, the Customer, for any reason, has not received access to the services, the Customer must contact the support service of the Contractor with confirmation of payment and report this. The address of the support service of the Artist: http://www.instagram.com/cosmetolog.inya by sending a message to Direct.
4.6. The Contractor may unilaterally temporarily terminate the Customer's access to the course (event) in the event of a violation by the Customer of the Rules for the provision of Information Services, until the violations are stopped, or remove the course (event) participant. At the same time, the money for the paid services will not be returned to the Customer.

5. RIGHTS AND OBLIGATIONS OF THE EXECUTIVE
5.1. The Contractor undertakes to provide the Customer with round-the-clock access to all text, video, photo, and audio materials, access to which is provided to the Customer as part of the course (event).
The term of access to these materials depends on the selected service package.
relevant information about the service at his request.
5.3. Fulfill all obligations under this Agreement.
5.4. The Contractor has the right to change the terms of this Offer unilaterally, by publishing a new edition on the website, indicating the date of the changes.

6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
6.1. The customer is obliged to provide reliable information about himself in the process of filling out the application (registration) on the Site. The customer is responsible for the reliability, clarity and legality of such information.
6.2. The customer undertakes not to reproduce, not to repeat, not to copy, not to sell, and also not to use for any purpose the information and materials that became available to him in connection with the provision of the Information Service, except for their personal use.
6.3. The customer is obliged to maintain in good technical condition the equipment and communication channels that provide access to closed participation channels. The Contractor is not responsible for non-provision (poor provision) of the Information Service for reasons beyond the Contractor's control.
6.4. The customer undertakes to comply with the Rules for the provision of Information services during the entire period of service consumption.
6.5. The customer enjoys all the rights defined by the current legislation of Ukraine, in particular the Constitution of Ukraine, the Law "On the Protection of Consumer Rights", the Civil Code.
6.6. In the event of a claim by the Customer regarding the quality of the services provided by the Contractor, the Customer must contact the Contractor by submitting a corresponding application in Direct within 10 working days from the moment of receiving the service, at the address: https://www.instagram.com/cosmetolog.inya.
The term of consideration of the Customer's claim by the Contractor is 30 calendar days from the moment of its receipt by the Contractor.
Based on the results of the review of the claim, the Contractor must provide the Customer with a written response.
6.7. In the event that the provided services do not correspond to the quality and/or volume described in the description of a certain course (event) on the Contractor's website, the Customer has the right to contact the Contractor with an appropriate justified claim and a demand for the return of the funds paid for the actually provided services that do not correspond the declared quality and/or volume by submitting the corresponding application in Direct within 10 working days from the moment of receiving the service, at the address: https://www.instagram.com/cosmetolog.inya.
(i) Based on the results of consideration of such a claim, the Contractor may make one of the following decisions: 1) to refuse to return the funds, or 2) to satisfy the demand for the return of funds.
(ii) if the claim is satisfied, the funds will be returned to the Customer within 30 calendar days to the bank account specified in the claim.
6.8. Funds are credited to the Customer's account within 30 calendar days from the moment of the decision and on the condition that the Contractor receives a signed claim/demand/statement from the Customer indicating bank details. A financial document confirming the payment of funds by the Contractor to the Customer's account is proof of the Contractor's fulfillment of the obligation to return funds to the Customer, which is unconditionally accepted by the Parties.

7. RESPONSIBILITY OF THE PARTIES
7.1 The Contractor and the Customer, taking into account the nature of the services provided, undertake, in the event of disputes and disagreements related to the fulfillment of the terms of this Agreement, to apply the pre-trial dispute settlement procedure. In case of impossibility of settlement of the dispute by means of agreements, this dispute is subject to judicial review in the relevant court jurisdiction.
7.2 The Parties are responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the current legislation of Ukraine.

8. CONFIDENTIALITY
8.1 The Customer hereby warrants and undertakes to the Contractor that he will keep the Confidential Information secret and confidential and will not, directly or indirectly, use in any way or disclose the Confidential Information to third parties, except as expressly permitted by this Agreement or in writing by the Contractor.
8.2 No restrictions apply in relation to Confidential Information:
(i) which was already known to the Customer before its notification by the Contractor;
(ii) which is or becomes publicly known, except for cases where the information became public as a result of a breach of this Agreement by the Customer; or
(i) to the extent that disclosure is required by applicable law, by order of any court of competent jurisdiction, or by any regulatory, judicial, governmental or similar body of competent jurisdiction, provided that Customer, to the extent permitted by applicable law, provides Contractor with , as complete notice of such disclosure as possible.
8.3. In case of unauthorized disclosure of Confidential Information by the Customer, the Customer shall immediately notify the Contractor of the relevant disclosure of Confidential Information in writing and assist the Contractor in limiting violations of his rights caused by this violation. The Customer will cooperate with the Contractor in the event of claims against third parties for unauthorized use of the relevant information.
The Customer acknowledges that the unauthorized disclosure, use or disposal, whether actual or threatened, of any Confidential Information may cause irreparable harm, loss of business and significant losses to the Contractor.
Thus, the Customer agrees that, in the event of a breach by the Customer of the confidentiality conditions specified in para. 8.1.-8.3. of this Agreement, the Contractor may demand from the Customer compensation for the damage caused and use all the rights granted by the current legislation to restore the violated rights.

9. FORCE MAJEURE
9.1. The parties are released from responsibility for partial or complete non-fulfillment of obligations under this Agreement, if this non-fulfillment was the result of force majeure circumstances (force majeure circumstances) that arose after the conclusion of this Agreement and made it impossible to fulfill obligations in accordance with the terms of this Agreement. Such circumstances include, in particular, but are not limited to, man-made, natural or environmental emergencies, breakdowns in power supply systems, destruction of these systems caused, in particular, by earthquakes, floods, hurricanes, etc., prolonged absence of electricity and the Internet for reasons beyond the control of the parties , acts of war, mutiny, strike, mass riots, riots and other illegal acts, as well as the state of health of the Performer (or webinar host), flood, fire, anti-terrorist operations, earthquake and other natural disasters, war, military operations,
uncontrolled, illegal actions and acts of vandalism by third parties, revolutionary actions, public riots, acts or actions of state administration bodies, adoption of legal or by-law acts that directly affect the ability of the parties to fulfill the terms of this Agreement, and any other extraordinary circumstances.
9.2. The parties agreed that in the event of the occurrence of the circumstances provided for in clause 10.1. Agreement, the deadline for fulfilling obligations under this Agreement is postponed for the period of time during which these circumstances and their consequences were in effect.
9.3. If the force majeure circumstances and their consequences continue to operate for more than six months, the parties must conduct negotiations as soon as possible with the aim of identifying alternative ways of fulfilling the terms of this Agreement acceptable to both Parties and reaching relevant written agreements.

10. OTHER PROVISIONS
10.1. The customer confirms that all the terms of the offer are clear to him and he accepts them unconditionally and in full, without any conditions, exclusions and reservations.
10.2. In the case not regulated by this Agreement, the Parties undertake to be guided by the norms established by the current legislation of Ukraine.
10.3. The legislation of Ukraine applies to this Agreement.
10.4. The parties give each other consent to the processing and storage of personal data that become known to them in connection with the conclusion of this Agreement, to the extent that it is necessary in accordance with the requirements of the current legislation of Ukraine.