PUBLIC OFFER AGREEMENT
PUBLIC OFFER AGREEMENT
for the provision of information and consulting services, and services involving the organisation and delivery of coaching sessions and training courses
This agreement shall be an official and public offer to enter into a contract with an unlimited number of persons regarding the provision of educational/information and consulting services, the organisation of coaching sessions and/or training courses in the fields of business, personal development, etc.
This agreement is a public contract; that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all Clients (service purchasers) regardless of their status (natural person, legal entity, sole trader), without giving preference to one Client over another. By entering into this Agreement, the Client fully accepts the terms and conditions regarding the placement of orders, payment for services, the procedure for the provision of services, liability for breach of the terms of the Agreement, and all other terms of the Agreement. The Agreement shall be deemed concluded from the moment the parties have agreed on the ‘Questionnaire/Service Provision Programme’, in a manner that is convenient and accessible to the parties.
1. TERMS AND DEFINITIONS
1.1. The Offer is a public proposal by the Contractor, addressed to an unlimited number of persons, to enter into a Service Agreement on the terms set out in this Offer.
1.2. Acceptance of the Offer is the Client’s full, unconditional, and unreserved acceptance of the terms of this Offer by performing the actions provided for in this Agreement, approving the Questionnaire (service provision programme), and paying the participation fee, which is equivalent to the conclusion of the Agreement.
1.3. Contractor is a natural person, sole trader, or business entity that offers and provides services, coaching sessions, consultations, and training in accordance with the terms of this Offer.
1.4. Client is a person who has acquainted themselves with the terms of this Offer, agreed to it by way of Acceptance, and orders the provision of services by the Contractor under the terms of this Agreement.
1.5. Service is a set of activities, including but not limited to training sessions, consultations, etc., provided or organised by the Contractor in accordance with this Agreement, based on the programmes, the selected list of services, and the chosen training programme, with the aim of providing the Client with information, skills and practices on topics selected by the Client, using lectures, practical sessions, consultations, etc.
1.6. Session (training) is a separate training session and/or meeting within the selected course (list of services), which may include a theoretical component, practical exercises, discussions, or other forms of educational interaction between the Contractor and the Client.
1.7. Schedule means the dates, times, format (online format/provision of written consultations, etc.), as well as the duration of the Training (training course, provision of the service) and individual sessions, which are determined by the Contractor and communicated to the Client, and agreed with the latter via means of communication (interaction) convenient for both parties.
1.8. Website is the Contractor’s official website on the Internet: ________________, which contains up-to-date information on the procedure for providing the service, the training programme, terms of participation, cost, the Contractor’s contact details, etc.
1.9. Agreements are the terms agreed between the Contractor and the Client regarding the provision/receipt of the service, confirmed via email, messages in instant messaging apps, or other available means of remote communication between the parties.
1.10. Service Provision Purpose is subjective changes in the Client’s personal or professional development, and the acquisition of knowledge and skills corresponding to the objectives and content of the service provision. The outcome of participation is not guaranteed in an objectively measurable form and depends on the Client’s personal activity, their engagement, and readiness to learn and/or receive and process information during the provision of the service.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. Pursuant to this Agreement, the Contractor shall, using their own or third-party resources, provide the Client, for a fee and in accordance with the procedure and within the timeframes set out in this Agreement, with services aimed at providing consultancy in the field of career and business consulting, coaching support or in relation to the Client’s general objectives, support for a specific project, consultancy on goal setting, career development, resource identification, the creation of action plans, behavioural adjustment models, examples and training on the adjustment and development of skills related to the management of business projects, etc.
2.2. The Client, having accepted this Offer, undertakes to accept the services provided in a timely manner and in accordance with the procedure set out in the Contract, to pay for such services, to adhere to the plan and schedule established by the Contractor, methodological recommendations and internal rules for participation (acceptance) of the Services, as well as to participate personally in the training process and fulfil all necessary requirements for the successful delivery of the services.
2.3. The provision of services shall be carried out using modern information and communication technologies, methods, and resources as determined by the Contractor. The organisational form of service provision (distance learning, face-to-face, blended, etc.), as well as the specific technical means and platforms, shall be determined by the Contractor, taking into account the list of services to be provided and the capabilities of both Parties to deliver them.
2.4. This Agreement is not a contract for the acquisition of formal education or professional qualifications (educational and qualification level).
2.5. The Client’s acceptance of this Agreement signifies that the Client has acquainted themselves with and fully agrees to its terms and conditions. The date of conclusion of this Offer Agreement (acceptance of the offer) and the moment of the Client’s full and unconditional acceptance of the terms of this Agreement shall be deemed to be the date on which the Client completes the order form (Questionnaire/Service Provision Programme) either on the Contractor’s website or by completing the Questionnaire/Service Provision Programme sent to the Client via means of communication.
3. PROCEDURE FOR THE PROVISION OF SERVICES
3.1. Upon the Client’s acceptance of this Agreement, the Contractor and the Client shall agree on the Questionnaire and Service Delivery Programme (hereinafter referred to as the ‘Questionnaire/Service Delivery Programme’), which set out the list of services and the procedure for their provision, the number of training sessions, their timing and duration, and the focus (topic) of the consultancy. In case the Questionnaire/Service Programme contains terms and conditions other than those provided for in this Agreement, the terms and conditions of the Questionnaire/Service Programme shall take precedence.
3.2. The intensity of service provision, including the frequency of training sessions and/or the provision of consultancy, shall be determined by the Contractor in agreement with the Client. The Client, in turn, is obliged to facilitate the effective delivery of the service and to take an active part in assimilating the material covered in the training sessions.
3.3. Should the Client encounter difficulties in assimilating the material or achieving the desired outcome, they shall initiate a discussion with the Contractor regarding any issues, with a view to making adjustments to the service delivery process in order to enhance the effectiveness of the services received.
3.4. The delivery of training, as part of the provision of services, shall include a format whereby the Contractor asks questions relating to the provision of the service to ensure the Client achieves the required results, and the Contractor provides the Client with practical tasks, with the aim of developing skills, applying such skills, and utilising them in the Client’s practical work. The Client, meanwhile, agrees to carry out any instructions and tasks given by the Contractor.
3.5. The Client undertakes to arrive and/or join the training session on time, on the agreed day, time, and date, and to carry out the tasks set by the Contractor and/or provide the Contractor with the necessary information for the proper provision of services.
3.6. The Client undertakes to adhere to the service schedule and, in case of inability to attend the training, to notify the Contractor in advance, no later than 24 hours before the date of the training. If the Client fails to notify the Contractor of their inability to attend the training and does not arrive or join the training, the training shall be rescheduled to another date and time, and payment for such training shall be made by the Client in accordance with the standard procedure.
3.7. It is hereby agreed and unconditionally accepted by the Client that the relationship and consultations provided by the Contractor are designed to facilitate the creation and development of the Client’s personal, professional, or business objectives, as well as to develop and implement strategies and plans to achieve the Client’s objectives and the purpose of the services.
3.8. Unless it is otherwise agreed between the parties, each training session shall last no less than 60 minutes and no more than 90 minutes per session.
3.9. This agreement stipulates that the dates and times for the provision of services, including the conduct of all training sessions, shall be agreed with the Client in advance. If necessary, the Contractor may make changes to the dates and times of service provision, including training sessions, by giving the Client as much advance notice as possible. In case the Contractor is unable, for objective reasons, to notify the Client of changes, payment shall be carried over or refunded depending on circumstances.
3.10. The Client understands that services under this Agreement do not replace professional consultations in legal, medical, financial, or other fields and bears full responsibility for decisions made.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Contractor Rights:
4.1.1. To amend service procedures during the term of the Contract.
4.1.2. To refund funds excluding already provided services and expenses.
4.1.3. To decide on refunds at own discretion.
4.1.4. To terminate services in case of misconduct or material breach.
4.1.5. To use photo/video materials obtained during service delivery.
4.2. Client Obligations:
4.2.1. Provide accurate questionnaire information.
4.2.2. Pay service cost on time.
4.2.3. Comply with rules, laws, and privacy policy.
4.2.4. Avoid disruptive or defamatory behaviour.
4.2.5. Not reproduce or distribute materials without permission.
4.3. Client Rights:
4.3.1. Choose services and format.
4.3.2. Receive services as agreed.
4.3.3. Request refund under conditions.
4.3.4. Suspend services with written notice.
5. PAYMENT TERMS
5.1. Cost is defined in the Questionnaire/Programme.
5.2. Payment via bank transfer or LIQPAY; advance or staged payments may apply.
5.3. Payment equals acceptance of services and may be confirmed by act of acceptance.
5.4. Fees of payment systems are paid by Client.
5.5. Services are considered paid upon receipt of funds.
5.6. Non-use of services does not automatically guarantee refund.
6. LIABILITY
6.1. Parties are liable under Ukrainian law.
6.2. Non-payment leads to termination.
6.3. Distribution of materials results in liability and compensation.
6.4. Contractor is not liable for force majeure or technical failures.
6.5. Liability is limited to cost of services.
7. TERMINATION
7.1. Agreement may be terminated by mutual consent or breach.
7.2. Contractor may suspend services until breach is corrected.
8. ADDITIONAL TERMS
8.1. Agreement is valid from publication on Website.
8.2. Contractor may amend or withdraw Offer.
8.3. Agreement remains valid until full performance.
8.4. Termination may be done via email notice.
8.5. Client confirms accuracy of provided data.
8.6. Client consents to personal data processing.
8.7. Parties must notify changes of details.
8.8. Documents may be exchanged electronically.
9. PRIVACY AND DATA PROTECTION
9.1. Client agrees to data processing under Ukrainian law.
9.2. Confidentiality exceptions include legal requests and safety cases.
9.3. Client understands risks of online communication.
9.4. Data is destroyed after three years.
9.5. Client is responsible for updating data.
10. OTHER TERMS
10.1. Agreement governed by laws of Ukraine.
10.2. Disputes resolved in Ukrainian courts.
ADDRESS AND PAYMENT DETAILS OF THE CONTRACTOR
Stokrat Group, LLC (MINDS Coaching and Consulting)
Address: 28/12 Verkhnii Val Str., Kyiv City, 04071, Ukraine
Email: contact@mindsexecutives.com
Director: Iryna Vilgash, ILM Level 7 Executive Coach
Bank: JOINT-STOCK COMPANY COMMERCIAL BANK PRIVATBANK
SWIFT: PBANUA2X
EUR IBAN: UA273052990000026007015039039
UAH IBAN: UA963052990000026007025014635
EDRPOU: 40714095