PUBLIC OFFER AGREEMENT

Natural person-entrepreneur Bihan Olvia Volodymyrivna, acting on the basis of the Extract from the Unified State Register of Legal Entities and Individual Entrepreneurs from the entry: 02.05.2021 (Bihan Architects company) publishes this public service offer

In accordance with the requirements of Article 633 and Article 641 of the Civil Code of Ukraine, this document is posted on the Internet at the address http://bihan.pro, is a public offer, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual - entrepreneur) and in the event that an individual performs actions that testify to its acceptance, it is mandatory for the Contractor and this natural person under the following conditions:

 

  1. TERMS, CONCEPTS AND DEFINITIONS

1.1. In this Agreement, the following terms, concepts and definitions are used in the following sense:

1.1.1. Website - a collection of software and hardware with a unique address on the Internet in the domain zone  .pro together with information resources in certain text, graphic or sound forms, which are at the disposal of the Bihan Architects Company and provide access by legal entities and individuals to these information resources and other information services via the Internet;

1.1.2. Info product (courses, webinars, publications, media library, video lessons, marathons, guides, presentations, interactive material, etc.) - the object of purchase, a set of educational modules (video materials, tasks, etc.), which are compiled according to a certain topic and within which services are provided. Information about the Fnfor product is placed by the Seller on the Site for sale via the Internet remotely. The list of Info products posted on the Site can be changed at the discretion of the Seller without notification to the Buyer.

1.1.3. Public offer – the Contractor's proposal (posted on the Contractor's Website), addressed to an unlimited number of individuals, to enter into this Agreement under specified conditions.

1.1.4. Acceptance - full, unconditional and unconditional acceptance by the User of the terms of the Public Offer, through the User's performance of the actions provided for in this Agreement.

1.1.5. Parties – User and Executor.

1.1.6. Performer - individual entrepreneur Bigan Olvia Volodymyrivna, legal address Ukraine, Zakarpattia region, Uzhhorod, str. Kotlyarevsky 12a, apartment 11,  which sells information products through the website page online.

1.1.7. User – a legally competent natural person who orders, buys or uses info products exclusively for personal needs.

1.1.8. Info product offer – general information about training, in particular, details of the program of such training, duration, rules of passage, cost, etc., is posted on the Site.

1.1.9. Payment system – the payment organization, participants of the payment system and the set of relationships that arise between them when transferring funds from Users to the account of the Contractor for Services available for purchase on the Website.

 

  1. SCOPE OF THE CONTRACT

2.1. Under this Agreement, the Contractor undertakes to provide online training services, organize and ensure the User's access to the Infoproduct chosen by him, and the User to accept and pay for the services in accordance with the terms and conditions of the Offer Agreement.

2.2. The scope and characteristics of the services under this Agreement are determined by the Info product selected and paid for by the Customer in accordance with the relevant Offer of the Contractor.

2.3. This Agreement is a public agreement, which is considered concluded between the Contractor, on the one hand, and the User, on the other, from the moment of Acceptance by the latter, without exception of the terms and conditions of this Agreement.

2.4. This Agreement is binding for the Contractor to perform from the moment of its publication on the Contractor's Website, and for the User - from the moment of acceptance of the Agreement - payment of services in full.

2.5. Services under this Agreement are not educational services within the meaning of the Law of Ukraine "On Education".

2.6. The Contractor is not obliged to check the Customer's compliance with the requirements of the Agreement (clause 1.1.8.) and bears no responsibility in case of Customer's non-compliance.

2.7. A person who does not agree with the terms of the Agreement cannot be a Party to it and must refrain from receiving the Services. The person who accepted the Agreement confirms his familiarity with and agreement with all the terms of this Agreement and is considered a User in accordance with its provisions. The User can independently read the terms of the Agreement on the Contractor's Website at any time and is obliged to periodically re-read the information from the Contractor's Website, in particular for the purpose of familiarizing himself with important information related to training, which may be periodically updated.

2.8. This Agreement may be changed by the Contractor unilaterally without prior and subsequent notification to the User. Changes take effect from the moment of publication of the new version of the Agreement on the Site. The current version of this Agreement is available (published) on the Internet at the address http://bihan.pro.

2.9. The User understands and confirms that his agreement with the terms of this Agreement and/or his use of the Site after the publication of a new edition of the Agreement means the User's agreement with the updated terms of the Agreement. If the User does not agree with the new terms of the Agreement, he must stop using the Contractor's services. If you do not agree with this agreement, please refuse to use the information.

 

  1. PLACEMENT OF ORDERS ON THE WEBSITE

3.1. In order to place Orders on the Site (that is, make payment and gain access to the Infoproduct), the User (Buyer) selects the desired tariff on the Site and goes to the payment system, where he can pay for the product, or calls on the phone indicated on the Site.

3.2. In the process of placing an order, the Buyer specifies the name, e-mail and phone number, or other necessary data.

3.3. Payment for Services is made by the Buyer in the order of advance payment in the amount of 100% or any other percentage of the amount of Services determined in the process of temporary promotions and special offers.

3.4. The User (Buyer) agrees that the price of the product displayed on the Site may change.

3.5. The product listed on the Site is not subject to return. In the event of the User's refusal of the services, the Contractor shall not return to the User the amount received on the Contractor's personal accounts under this Offer.

3.6. Payments are made through LiqPay, Way4pay or another payment system provided by the Site.

3.7. Payment is made in the national currency in non-cash form.

3.8. The service will be considered paid from the moment funds are received on the personal accounts of the Contractor.

 

  1. RIGHTS AND DUTIES

4.1. The executor has the right to:

4.1.1. during the period of validity of the Service offer, at any time, supplement, move, change, delete information materials posted on the site.

4.1.2. independently determine the program and procedure for the Infoproduct, its content and publish information on the site.

4.1.3. stop the User's training process at his own discretion without the possibility of appeal and refund of money paid for the Online info product, in the event that the User's actions or circumstances created by the User threaten or may threaten in the future the confidentiality of the materials of the Online info product, the training process, the reputation of the Performer .

4.1.4. temporarily or completely interrupt the activity of the online info products page without notifying the User in advance.

4.1.5. to involve third parties (legal entities and natural persons – entrepreneurs) in the execution of this Agreement, drawing up separate contracts with them and taking into account confidentiality conditions in them.

4.2. The executor is obliged to:

4.2.1. Subject to acceptance of the Agreement, provide services on the terms of this Offer.

4.2.2. On the Site, in the text of this Agreement, inform the User about the rules and requirements regarding the organization of the Infoproduct, its content and characteristics, the rights and obligations of the parties during the provision and receipt of services.

4.2.3. The Contractor undertakes to immediately provide the User with access to the ordered info product.

4.2.4. We reserve the right to default in the event of force majeure.

4.3. The user has the right to:

4.3.1. buy information products, following the procedure established by these rules for online courses.

4.3.2. to preview the description of the selected info products for review, before its full purchase.

4.3.3. Use the information and materials obtained as a result of receiving the Contractor's services exclusively for personal purposes and for personal use.

5.4. The user is obliged to:

5.4.1. Accept the terms of the Agreement and the Infoproduct, which are published on the website, follow the program of online classes.

5.4.2. Timely pay for the services of the Contractor in the amount and within the time period established by this Agreement.

5.4.3. Do not reproduce, repeat or copy, sell, or use the materials for any commercial purposes, and do not transfer access to the received materials to third parties. If the User allows the distribution of the specified information, he is responsible to the Contractor for the damages caused by the fact of the information distribution, including the lost profit, in the amount specified in clause 5.4.2. of section 5.

 

  1. RESPONSIBILITIES OF THE PARTIES

5.1. In case of breach of obligations, provision of inaccurate information, when concluding or in the process of performance of the contract, the parties bear the responsibility established by the current legislation.

5.2. The executor is not responsible for:

5.2.1. impossibility of providing services for reasons beyond his control, including force majeure, disruption of communication lines, malfunction of equipment and software that does not belong to the Contractor. The contractor is released from responsibility for violation of the terms of the Offer Agreement, if such violation is caused by force majeure (force majeure), including: actions of state authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters , lack of electricity and/or computer network failures, strikes, civil disturbances, riots, any other circumstances, not limited to those listed, that may affect the Executor's performance of the Offer Agreement.

5.2.2. violation of the security of equipment and software used by the User to receive services;

5.2.3. any damages of third parties that arose through no fault of the Contractor.

5.3. The user is responsible for:

5.3.1. transfer of credentials used to access the Services to third parties;

5.3.2. use of materials posted on the site or provided during the course of the corresponding info product, for the purpose of their further resale, distribution or transfer to third parties;

5.3.3. violation of payment terms;

5.3.4. interfering with the operation of the site and available services or attempting to gain access to them bypassing the Contractor's instructions.

5.4. In the event that the User transfers the information materials received during training to third parties, the User bears the following responsibility:

5.4.1. suspension of the User from participation in training (termination of access to the Infoproduct), termination of the Agreement unilaterally without refund of the cost of services;

5.4.2. compensation to the Executor for damages in the amount of one hundred times the value of the Info product.

5.5. All disputes and disagreements that may arise from or in connection with this Offer shall be resolved through negotiations between the Parties. In the event that it is impossible to reach an agreement through negotiations, the Parties shall apply to the court at the place of the current residence of the Performer.

 

  1. SERVICE REFUSAL POLICY
  • The Owner of the Site does not reimburse payments, return payments, if the Service is provided in accordance with the tariff and conditions indicated on the Site.
  • The user (buyer) has the right to contact the administrator for reimbursement within 14 calendar days from the date of payment, only if access to the info product was not granted according to the tariff and date (data) on the Site, unless otherwise provided by the legislation of Ukraine.
  • If you want to make a refund, please write to barch.studio@gmail.com
  • Return processing: We will confirm receipt of the return request by replying to the email address specified when placing the order. To process the return, be sure to inform us: full name; the name of the Service (info product, service package); order date; payment information; reasons for refusal of services, as well as other necessary information.
  • You understand that if you do not provide the required information, we have the right to refuse your return and not process your application.
  • For the refund, we will use the same payment method that you used when paying for the services. We will deduct all specials from the refund amount
    commissions of banks and payment systems related to the return of payment.
  • IMPORTANTLY: If you did not use the services, did not use the purchased information product (did not participate in the event, did not watch the classes available to you) through no fault of ours or refused to use the services in violation of the terms or the established procedure, we will not reimburse the cost of such services.
  • In the event that before the expiration of the withdrawal period and/or before the receipt of the return request, the Services have been provided in full (for example: you have already accessed all lessons and materials), refunds are not made. If the request for a refund is received in violation of the established cancellation periods, no refund will be made.

 

  1. RIGHT TO USE THE CONTENT

7.1. Depending on the ordered service package, you get access to certain content (informational and educational materials), the copyright and related rights of which are protected or in any case belong to us, regardless of the fact of registration and the territory of their effect.

7.2. We grant you a non-exclusive, non-transferable right (limited license) to use the content for personal purposes under the terms of this agreement for the entire term of service, unless otherwise provided by the terms of the service package. You are warned that video recording of information displayed on the computer screen of lessons and online broadcasts of the Performer, as well as photo, audio and video recording of live events (seminars, master classes, performances) are strictly prohibited. In case of violation of this requirement, we have the right to terminate the provision of services without refund of tuition fees. We will withhold the amount you paid as a penalty for gross breach of contract.

 

  1. WARRANTIES
  • We do not make any guarantees that using the Artist Services will produce the expected result - we cannot promise you success.
  • Specific learning outcomes depend on many factors beyond our control (for example, your individual learning abilities, conscientious completion of homework and our recommendations). Therefore, the results of different customers can vary greatly when using the same services. You understand that your disagreement with the opinion of the Executor, the methodology and the content of the training programs is not a basis for a refund.

 

  1. INTELLECTUAL PROPERTY RIGHTS

9.1. All intellectual property rights to the Infoproduct belong to the Performer.

9.2. Intellectual property rights to Educational materials used in the Infoproduct, in particular, but not exclusively, images, videos, logos, graphics, sounds, belong to the Performer.

9.3. The performer also uses objects of intellectual property rights that may belong to other persons, on the basis of a corresponding license, contract or other legal basis.

9.4. By giving the User the right to use the objects of the right to use for the purposes of this Agreement, the Contractor does not transfer any intellectual property rights to such objects and does not grant permission for their use for purposes other than those specified in the Agreement.

 

  1. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)

10.1. The parties are released from responsibility for partial or complete non-fulfillment of obligations under this Agreement, if it was the result of force majeure circumstances, such as: natural disasters, fire, floods, strikes, military operations, riots or sabotage; disconnection of electricity, Internet or telecommunications; or state restrictions, other circumstances, if they affected the implementation of this Agreement by the Parties. Circumstances of force majeure should be understood as circumstances that arose during the term of this Agreement as a result of unforeseen and unavoidable events by the Parties. In these cases, the deadline for the Parties to fulfill their obligations under the contract is postponed according to the time during which such circumstances and their consequences are in effect.

10.2. The Contractor is released from property liability in the event of technical failures (disconnection/damage of power supply and communication networks, failures of the software of the processing center and the Contractor's database, technical failures in payment systems), as well as in other situations beyond the control of the Contractor, which caused non-fulfillment by the Executor of the Terms of the Agreement.

10.3. The party for which conditions have been created, under which it is impossible to fulfill the obligations under the contract due to force majeure circumstances, must notify the other party in writing of the occurrence of these circumstances without any delay, no later than 10 (ten) calendar days from the date of their occurrence. The notification must contain data on the occurrence and nature of the circumstances and their possible consequences. The proof of the existence of force majeure circumstances is the certificate of the Chamber of Commerce and Industry of Ukraine.

10.4. The occurrence of the specified circumstances is not a reason for the Customer's refusal to pay for the Services provided before their occurrence and the Contractor's refusal to provide the Services in accordance with the payment made by the Customer.

 

  1. TERM OF THE CONTRACT

11.1. The Agreement is public and open-ended and is valid until its termination by any of the Parties in accordance with the procedure established by this Agreement or the legislation of Ukraine.

11.2. This Agreement is publicly brought to the attention of all persons/Consumers by placing (publicizing) it on the Contractor's website.

11.3. The term of this Agreement may be prematurely terminated:

11.3.1. at the request of one of the Parties, while the latter is obliged to notify the other Party in writing (including via internet communication) no later than 10 (ten) calendar days in advance;

11.3.2. at the request of the Contractor without written warning in case of violation by the User of the obligations under the contract.

11.3.3. by court decision.

 

  1. PERSONAL DATA

12.1. Taking into account the fact that during the conclusion of this Agreement, the Contractor becomes aware of the User's personal data in order to comply with the provisions of the Legislation, the User, by joining this Agreement (accepting the Offer), confirms that he is familiar with the Privacy and Protection of Personal Data Policy of the Contractor, the text of which is posted on the Contractor's website at: http://bihan.pro, is fully aware of his rights and obligations arising from this Policy and Legislation, the guarantees provided by the Contractor and the responsibility of the Contractor and the User arising from this Policy, and accepts the terms of this Policy.

 

  1. SPECIAL CONDITIONS

13.1. By concluding this Agreement, the User automatically agrees to full and unconditional acceptance of the provisions of this Agreement.

13.2. This Agreement is public in accordance with Articles 633, 641 of the Civil Code of Ukraine and its terms are the same for everyone. Acceptance of the terms of this Public Agreement (acceptance) is complete and unconditional and means the User's agreement to all the terms of the Agreement without exception or addition. The User understands the meaning of his actions, all terms of the Agreement are clear to him, the User is not under the influence of error, deception, violence, threats, and the like.

13.3. By accepting this Agreement, the User gives his consent to the Contractor for the storage, processing and use of his personal data for the purpose of: creating a customer base, as well as for their use within the limits provided by the Law of Ukraine "On Personal Data Protection". The Contractor has the right to provide the User's personal data to his employees, co-organizers, as well as third parties involved in the provision of services under this Agreement, solely for the purpose of achieving the goals of this Agreement.

13.4. All relations not regulated by the Agreement are regulated in accordance with the current legislation of Ukraine.

 

  1. DETAILS OF THE PERFORMER

Performer

FOP Bigan Olvia Volodymyrivna

Address:

88000, Transcarpathian region, Uzhgorod,

Ivan Kotlyarevsky Street, building 12a, quarter 11

Phone:+38(050)43-20-47

TIN 3491208585

y/y IBAN UA083052990000026002023605524

in JSC KB "PRIVATBANK» 

MFI 305299

E-mail address: bihan.arch.studio@gmail.com