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APPROVED
By Order of Individual Entrepreneur Petrushenko I.A. No. 01/23
Dated August 15, 2023

PUBLIC OFFER AGREEMENT
for Conducting Online Programming Courses

 

This Public Offer Agreement for conducting online programming courses establishes the terms and conditions for online education on the platform located on the internet at: csosvita.com (hereinafter referred to as the «Platform»), and constitutes a public offer from Individual Entrepreneur Petrushenko Ivan Anatoliyovych (hereinafter referred to as «Service Provider», taxpayer registration number—3387707658) to an indefinite number of persons within the meaning of Articles 633, 641, 644 of the Civil Code of Ukraine, to enter into an Agreement for conducting online programming courses (hereinafter referred to as the «Agreement») on the following terms:
 

1. General Provisions
 

1.1. The relationship between the Student and Service Provider is based on a public offer agreement.

1.2. This Public Offer Agreement is a public contract governed by Articles 633, 641 of the Civil Code of Ukraine.

1.3. The terms of the public contract are the same for all parties.

1.4. By purchasing an online programming course (hereinafter referred to as «Course») from the Service Provider, you accept the terms of this Agreement and confirm that you have read and agree to its terms.

1.5. The following terms are used in this Agreement with the following meanings:
 

  • Platform — the official web page of the Service Provider located on the internet at csosvita.com, where the Service Provider posts information about services, their cost, and the method of obtaining them. By accepting a specific offer, the Student accepts the terms of this Agreement.

  • Student — any individual who purchases the Service Provider's course and pays for the course to the Service Provider's bank account, thereby expressing their intention to accept this Agreement. In the event that the Student is a minor (under 18 years of age), this agreement is entered into on their behalf and in their interests by legal representatives (parents, guardians), who are responsible for ensuring compliance with the terms set forth below.

  • Course — a set of educational elements (video and audio materials, assignments, etc.) provided over a certain period of time (duration) and compiled according to a specific topic (curriculum), within which services are provided.

  • Order — a formalized request from the Student to purchase a Course.

  • Acceptance of the Agreement — acceptance of this Agreement means payment for the Service Provider's Course according to the information posted on the Platform.​
     

2. Subject of the Agreement
 

2.1. This Agreement is a public contract that is considered concluded between the Service Provider on one side and the Student on the other, from the moment the latter accepts all without exception the terms and provisions of this Agreement and its Appendices.

2.2. Under this Agreement, the Service Provider undertakes to sell the Course to the Student, and the Student undertakes to accept the Course and pay for it in the manner and on the terms defined by this Agreement and the legislation of Ukraine.

2.3. The Service Provider's implementation of the Course under this Agreement is carried out in accordance with the current legislation of Ukraine and the agreements of the Parties.

3. Procedure for Conducting Online Courses
 

3.1. The Student selects the Service Provider's course published on the Platform and accepts the terms in the corresponding published announcement or publication on the Platform, or the Service Provider's offer, as well as in this Agreement.

3.2. Services during the Course are provided by persons engaged by the Service Provider who meet the quality requirements for services. Each Course is assigned a corresponding curator/mentor/responsible manager.

3.3. The duration of each Course is indicated on the Platform and begins from the date of the first class. The Service Provider may change the Course start date, which must be communicated to the Student no later than 3 days before the start. Additionally, the Course duration may vary depending on the pace of the group's work, but not more than 3 months (taking into account vacations/holiday breaks, force majeure circumstances, etc.).

3.4. The curriculum of each Course is developed at the Service Provider's discretion, taking into account the specifics of the particular Course and a set of unified educational components, compliance with which is mandatory for each Student. Disagreement with a certain element of the Course is not grounds for refusing services as improperly provided.

3.5. Some Courses may have additional requirements and restrictions regarding a person's ability to become a Student (possession of certain skills and abilities; age of the person — taking into account recommendations from developmental psychologists, considering the complexity of the program and workload, etc.). In such cases, these additional conditions are indicated on the Course Platform or additionally communicated to the person who registered for participation in the training.

3.6. Upon completion of training in the Course, the Student may receive a Certificate only if the Student has completed, and the curator has credited, a minimum of 70% of homework assignments and 100% of course projects by the Course completion date (for some courses, the percentage of homework assignments required to receive a Certificate may differ, which the manager and curator warn about at the beginning of the course, particularly at the first webinar).

3.7. The Service Provider may set additional conditions for receiving a Certificate, about which the Student will be informed in advance.

3.8. Services are considered properly provided by the Service Provider after opening the Student's access to Course materials, particularly if the Student becomes familiar with the Course materials. Proof of familiarization may be corresponding software records, the Student's listening to lecture(s), visiting other web pages with Course materials. Access to lecture recordings, educational materials, and other Course elements is provided to the Student for the duration of the Course and for 9 (nine) months from the date of its completion. After this period expires, the Service Provider has the right to restrict or completely terminate access, as well as delete the corresponding materials from the Platform without the possibility of their subsequent restoration. In the case of monthly payments, access is provided only upon timely payment of all installments.

3.9. Any actions of familiarization constitute confirmation of the Student's acceptance of the services provided, certify their will for the legal consequences of personal receipt of fully and properly provided services. In such situations, signing an acceptance certificate for services provided by the Student is not required (except when the Student requests to compile and sign such a certificate).

3.10. The start date of each Course is indicated on the Platform web page or advertising materials. A place in the group is reserved for the Student only after making the first payment.

3.11. The Student may be denied transfer to the next Course and their training in the Course may be terminated in the following cases:

  • The Student ignores homework assignments and lectures;

  • Non-completion (unsuccessful completion, not credited by the curator) of the course project and completion of the Course without receiving a certificate;

  • Violation of the Student's obligations defined in Section 6 of this Agreement.

3.12. If the Student was absent from webinars and/or other events within the Course for any reason, they cannot claim non-provision or improper provision of services if they became familiar with the Course materials.

3.13. If the Student decides to terminate (not continue) their studies (completion of the selected Course), they will not retain a place in the next Course enrollment and will not be able to continue their studies from the point where they stopped.

3.14. All educational materials are copyrighted and subjective; the Service Provider may disagree with the positions presented in these materials. If the Student disagrees with the educational material, they may notify the Service Provider by email at hello@csosvita.com, stating sufficient reasons. The Service Provider has the right to respond to such an appeal or not respond at its own discretion. The Student's disagreement with educational material is not grounds for unilateral refusal of the Course as a service of improper quality.

3.15. During the Course, the Student may receive online support via email or a chat that will be created (Viber, Telegram) or another communication channel chosen by the Service Provider. Online support may take the form of consultations on how to use the Platform's functionality, regarding online webinars (feedback sessions) that may be provided as part of the Course, or other difficulties that may arise for the Student during the Course. The Service Provider may refuse such consultations if the requests are not related to the Course.

 

4. Payment Terms
 

4.1. Payment for the Course provided in clause 1.5.3 is made as follows:

4.1.1. The Course price is indicated on the corresponding Course web page on the Platform and/or social networks or advertising materials.

4.1.2. Payment can be made:

  • For the entire Course;

  • Monthly.

4.1.3. The first payment must be made before the first class. Access to all Course materials is provided to the Student only after payment.

4.2. If the Student pays for the Course monthly, the email address specified during registration on the Platform will receive a notification about the date of the next payment. In the absence of the next payment by the specified date, the Student will not be granted access to materials to continue the Course.

4.3. Payment is made in the national currency of Ukraine (at the National Bank of Ukraine exchange rate on the payment date) — hryvnia through online payment systems used by the Platform. Payment may be accepted to accounts belonging to business entities affiliated with the Service Provider that process payments technically. The fact of payment constitutes acceptance of this agreement and does not change the party to the agreement.

4.4. A refund for the Course is possible if the Student contacts us via email at hello@csosvita.com within 7 days from the date of the start of training, indicating the impossibility of continuing their studies. In all other cases, full or partial refunds are not made.

4.4.1. The Course Platform may specify a different refund procedure — in such a case, the conditions specified on the Platform regarding a particular Course apply.

4.5. The Student cannot demand a reduction in the cost of services or a refund if they did not use the services of their own volition, or due to their own fault or through third parties for whose behavior the Service Provider is not responsible.

 

5. Rights and Obligations of the Parties
 

5.1. The Service Provider undertakes to:

  • Provide the Student with access to the Course provided by this Agreement;

  • Provide the Student with complete information about the Course and its content;

  • Familiarize the Student with the terms of this Agreement and obtain permission to process personal data (including verbally);

  • Refund the Course fee in the case provided for in clauses 4.4 and 4.4.1 of this Agreement.

5.2. The Service Provider has the right to:

  • Make changes to the Agreement unilaterally;

  • Make changes regarding the information and content of the Course at its own discretion unilaterally;

  • Unilaterally change prices for the Course, information about which is posted on the Service Provider's website on the Internet.

5.3. The Student undertakes to:

  • Comply with all terms and requirements of this Agreement;

  • Familiarize themselves with information about the Service Provider's Course;

  • Accept and pay for the Service Provider's Course;

  • Consume services personally, not transfer access to the Course or educational materials to third parties, not purchase the Course on a group-buy basis;

  • Not distribute or disseminate in any way all or any part of the Course materials to third parties;

  • Not post on the Platform or in any services (social networks, chats, etc.) related to the Course materials that violate copyright or personal rights of others;

  • Provide all necessary data during registration, email address, and phone number on the Service Provider's Platform.

5.4. The Student has the right to:

  • Demand that the Service Provider fulfill the terms and provisions of this Agreement;

  • Order Courses from the Service Provider;

  • Obtain complete information about the Service Provider's course, its price, and other information;

  • Receive a refund for the Course in the manner provided for in clauses 4.4, 4.4.1, and 8.3 of the Agreement.

6. Liability of the Parties and Dispute Resolution
 

6.1. In case of non-performance or improper performance by the parties of their obligations under the terms of this Agreement, the Parties bear the responsibility provided for by the legislation of Ukraine and this Agreement.

6.2. In cases not provided for by this Agreement, the Parties bear the responsibility established by the current legislation of Ukraine.

6.3. The Student and Service Provider agree to resolve disputes through negotiations and reaching consensus.

6.4. In the event of disputes, the Student sends complaints, claims, and/or demands to the email address: hello@csosvita.com.

6.5. The Service Provider provides a response to complaints, claims, and/or demands sent to the email specified in clause 6.4 of this Agreement within a period of 10 (ten) business days.

6.6. In case it is impossible to reach consensus within 30 (thirty) calendar days, the Student has the right to file a complaint with any state body whose competence includes considering such complaints.

6.7. In case it is impossible to resolve the dispute according to clauses 6.3, 6.4, 6.6 of this Agreement, the Student has the right to appeal exclusively to the court at the location of the Service Provider.

6.8. The Service Provider is not liable to the Student for the quality and results of Courses and does not refund the payment made for the Course.

6.9. The Service Provider is not responsible if the Student missed a seminar, webinar, lecture, or other Course elements designed for the Student's perception through their participation in online broadcasts according to the Course Program.

6.10. The Service Provider is not responsible for the actions of banks or electronic payment systems that ensure payment and refund of funds when executing this Agreement.

6.11. In case of violation by the Student of Section 5, as well as in case of late payment, the Service Provider may unilaterally terminate the Agreement early, stop providing services, and block access to educational materials and the Platform.

6.12. In case of early termination of the Agreement in accordance with clause 6.11, no refund of funds paid by the Student is made.

6.13. In case the Service Provider discovers violations provided for in sub-clauses d), f) of clause 5.3 of this Agreement, the Student is obliged to pay a fine equal to 300% of the Course cost within 10 (ten) days from the date of receiving the demand. Violations may be recorded by screenshots, software tools, or facts of third-party access to the Platform, or by any other means that prove the violation.

7. Term of the Agreement and Procedure for Its Termination
 

7.1. This Agreement enters into force from the moment of its acceptance by the Platform Visitor and is valid until the Parties fully fulfill their obligations under the Agreement.

7.2. This Agreement may be terminated before the end of its term unilaterally in cases provided for by the terms of this Agreement.

 

8. Force Majeure Circumstances
 

8.1. If force majeure circumstances (fires, floods, earthquakes, natural disasters, military actions, and other force majeure circumstances) directly prevent the timely and full functioning of the service and/or any other circumstances due to which the Service Provider objectively cannot provide services in a timely, complete, quality manner, etc. The term for fulfilling obligations in such a case is postponed according to the time during which such circumstances and their consequences operate, until the full restoration of the Service Provider's and Platform's work.

8.2. Information about the occurrence of force majeure circumstances, as well as their completion and restoration of the Service Provider's work, will be posted on the Platform.

8.3. If force majeure circumstances continue for more than 180 (one hundred and eighty) calendar days, the Student will have the right to refuse services unilaterally by notifying in writing at the email: hello@csosvita.com specified during registration on the Platform, and raise the issue of refunding paid funds for training that was not started/completed. In such a case, a refund will be made, minus the cost of services actually provided. The Service Provider must review the appeal no longer than 20 (twenty) calendar days, and in case of validity – will make a refund within 30 (thirty) calendar days.

 

9. Other Conditions
 

9.1. This Agreement sets forth all the terms agreed upon between the Parties regarding its subject matter and it supersedes all previous agreements, statements, and any kind of arrangements between the Parties regarding its subject matter.

9.2. The Agreement may be amended and/or supplemented by the Service Provider unilaterally at any time without prior and/or subsequent notification to the Platform Visitor. Changes to the Agreement will be published with the date of the last update. The Student is considered notified of changes and/or additions made to the Agreement from the moment these changes are published on the Platform.

9.3. The invalidity, illegality, or unsuitability for enforcement of any provision of this Agreement does not entail invalidity or affect the continued legal force of any other provisions of this Agreement.

9.4. Unless otherwise specified in this Agreement, all notifications must be sent to the addresses specified in this Agreement or on the Platform.

9.5. The Parties confirm that if any condition of this Agreement becomes or is recognized as invalid due to non-compliance with the law, such a condition does not entail recognition of the invalidity of any other provision of this Agreement or the Agreement as a whole. In such a case, the Parties must take measures as soon as possible to amend the Agreement to the extent necessary to replace the invalid provision so that in the amended form it is legal and in essence maximally preserves the initial intentions of the Parties.

9.6. The Service Provider confirms that all information received about the Student is confidential information and will not be disclosed to third parties.

9.7. The Student gives consent to the processing and storage by the Service Provider of the Student's personal data according to the rules of the Privacy Policy for personal information.

9.8. If a minor (under 14 years old) or juvenile (from 14 to 18 years old) (hereinafter—teenager) registers for the Course, the responsibility for the execution of this Agreement or damage caused by the teenager is placed on their legal representatives (parents, guardians).

9.9. If a teenager registers for the Course and makes payment, thereby accepting this agreement, all specified actions are performed under the supervision of a responsible person—the legal representative. Therefore, by accepting the agreement, the teenager's legal representative assures the Service Provider and guarantees that they possess the necessary legal capacity, as well as all rights and powers necessary and sufficient for entering into and executing the corresponding transaction, including on the basis of Part 2 of Article 65, Parts 1, 2 of Article 74 of the Family Code of Ukraine, acting with the consent of the other spouse, and if in an unregistered marriage, with the consent of the other person with whom they live as one family but are not married to each other or in any other marriage.

9.10. The Service Provider only provides training to the Student according to the program of the selected Course. Care and/or supervision of a minor, conducting any educational measures, is not part of their responsibilities.

9.11. A Student who has not reached 14 years of age is a minor according to the current legislation of Ukraine and is not responsible for damage caused to us and/or a third party. The legal representative bears full responsibility for such damage.

9.12. On all matters not regulated by this Agreement, the parties are guided by the current legislation of Ukraine.

public offer agreement

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