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 f 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. Pursuant to this Agreement, 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 to the
date or time of service provision, specifically regarding the conduct of training sessions, payment for such a
training session shall be carried over to the next training session (session); or, if such a training session has not
been paid for in advance by the Client, payment for the training session that has not been conducted and not
paid for shall not be made, and if payment has been made, it shall be carried over to the next training session or
refunded to the Client.
3.10. By giving consent (acceptance) to the conclusion of this Agreement, the Client hereby confirms and
warrants that they understand that the services received under this Agreement do not replace professional
consultations in the relevant fields. For legal, medical, financial, business, spiritual, or other matters, the Client
shall consult the relevant specialists. Decisions in these areas are made by the Client independently, and the
Client bears full personal responsibility for the decisions made and their subsequent actions.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Contractor Rights:
4.1. The Contractor shall be entitled to:
4.1.1. During the term of the Contract, amend the procedure for the provision of services at their discretion,
provided that this does not result in a breach of the terms and conditions governing the provision of services.
4.1.2. In case of the Client's refusal to receive the services or to attend the training courses ordered and paid
for, regardless of the reasons, the Contractor shall have the right to reimburse the funds, excluding the cost of
services already provided and other expenses incurred by the Contractor in connection with the provision of
services.
4.1.3. To decide, at their discretion, on the possibility of refunding to the Client the funds paid by the Client for
the services.
4.1.4. To cease the provision of services at any stage without refunding the funds paid:
- in case of breach by the Client of the rules of conduct during the provision of the Course services. Such
breaches include: inciting inter-ethnic conflicts, insulting the Contractor, the lead coach (lecturer, etc.), coercing
them to deviate from the subject matter of the services or the relevant training, advertising, use of obscene
language, and other instances of inappropriate behaviour;
- in case of establishing that the Client has transferred materials and/or training to third parties, or has
distributed information and materials received as part of the Services to third parties, whether for a fee or free of
charge. The Client’s use of information and materials obtained as a result of receiving services from the
Contractor is permitted only for personal purposes and for personal use.
4.1.5. To carry out photography and video recording during the provision of the Services and to use the
materials obtained during photography and video recording at their discretion. The Contractor shall hold the
exclusive copyright, as well as rights related to copyright, in respect of the said materials; the use of materials
obtained during photography and videography is permitted only with the Contractor’s written consent.
4.2. The Client’s Rights and Obligations
4.2.1. The Client is obliged to provide the Contractor with a correctly and truthfully completed
Questionnaire/Service Agreement and to confirm their unconditional agreement with the rules and procedures
for the provision of services and the conduct of training sessions, as well as to familiarise themselves with the
Privacy Policy. Consent to the rules and procedures for receiving services shall be deemed to have been given
by the Client if they have submitted the Questionnaire/Service Provision Programme.
4.2.2. The Client is obliged to pay the cost of the services in a timely manner, in the amount and within the
timeframe specified in the Service Provision Programme selected and agreed upon by the parties.
4.2.3. Comply with the requirements of this Agreement, the rules and procedures for the provision of training
services, and comply with the requirements of the law when performing this Agreement and the Privacy Policy.
4.2.4. Refrain, during the provision of services, from any conduct:
- that may hinder coaches, lecturers, and other persons from providing the service, conducting training,
participating in the provision of services, or receiving information during the provision of Services;
- that undermines the honour, dignity, or professional reputation of the Contractor, coaches, lecturers, and
other persons, in particular by publishing such information on the internet, in print media, in newsletters, or by
any other means of a public nature.
4.2.5. The Client is prohibited from reproducing, repeating, copying, selling, or using for any other purpose
the information and materials (audio, video, etc.) made available to them in connection with the provision of
services by the Contractor, except for the use of such information and materials solely for their own needs.
4.3. The Client has the right to:
4.3.1. Select the services provided by the Contractor and the manner of their provision in accordance with
their own needs, by agreeing on the Questionnaire/Service Provision Programme with the relevant parameters
and format of service provision.
4.3.2. Receive Services of appropriate quality and in the scope provided for in this Agreement and the agreed
Questionnaire/Service Provision Programme.
4.3.3. To submit a request to the Contractor regarding the question of refunding funds, in the manner and
under the conditions set out in this Agreement
4.3.4. To suspend the provision of Services by sending the Contractor a written notice of such a decision to
their email address: _____________________________________. The written notice must specify the date of
suspension and the expected date of resumption of the Services. The Contractor reserves the right to change the
date of resumption of the Services by the Client.
5. Payment Amount and Settlement Procedure
5.1. The cost of services under this Agreement shall be determined in accordance with the
Questionnaire/Service Provision Programme agreed by the parties.
5.2. Payments pursuant to this Agreement shall be made by bank transfer to the Contractor’s bank account or
via the LIQPAY payment system on the website in the following manner:
- The Client shall make an advance payment in an amount determined following the approval of the Questionnaire/Service Provision Programme and the cost of the services;
- The Client shall pay the cost of each part of the service provision programme separately, for each stage (part) or type of service;
- When conducting the payment, the Client must specify the Client’s full name in the ‘Payment Purpose’ field and the full name of the person who will be participating in the provision of services.
5.3. Payment by the Client for the order shall be deemed to constitute simultaneous actual acceptance of the
services provided and confirmation that there are no objections to the quality and quantity of the services
provided – this is evidenced by the parties signing a service acceptance and handover certificate, either for each
type of service or for the relevant period of service provision. The certificate may be signed by the parties using
an electronic digital signature, or by the parties exchanging a scanned copy of the certificate signed by both
parties, followed by the exchange of the original of such certificate. Until the parties exchange the originals of
the certificate, the signed scanned (electronic) copy of the certificate shall have the force of the original.
5.4. The cost of the services does not include any fees charged by banks or payment systems for processing
the payment. The Client shall pay such fees separately and at their own expense.
5.5. The services shall be deemed fully paid upon the full amount being credited to the Contractor’s account.
5.6. If the Client has not commenced receiving the services within a period of _______ calendar days from
the date of approval of the Questionnaire/Service Provision Programme (regardless of the reasons) and/or has
ceased receiving the services before their completion (regardless of the reasons), the cost of the services paid by
the Client shall not be refunded by the Contractor without a written request from the Client. In such cases, the
Contractor may, but is not obliged to, refund to the Client the funds paid for the provision of services, at their
discretion.
6. Liability of the Parties
6.1. The Parties shall be liable for any failure to perform or improper performance of the obligations set out
in the Contract in accordance with applicable law and the terms of the Contract.
6.2. Should the Client fail to pay for the services on time and/or in full, the Contractor shall be entitled to
terminate the Agreement and/or refuse to provide services to the Client.
6.3. In case the Client transfers information materials received during the provision of services to third
parties without the Contractor’s written consent, or in case it is discovered that the Client has used such
materials for commercial purposes, the Client shall bear the following liability:
- termination of the provision of services and an obligation to compensate the Contractor for losses incurred
through the Client’s fault.
6.4. The Contractor shall not be liable for:
- the inability to provide the Services for reasons beyond their control, including force majeure
circumstances, in particular: disruption to communication lines (the Internet), sudden absence or malfunction of
equipment, malfunction or cessation of various Internet resources (including Zoom, Skype, etc.), absence and/or
deterioration in the quality of communication and data transmission provided by mobile operators and Internet
service providers;
- security breaches or malfunctions of equipment used by the Client to receive services.
6.5. In any case, the Contractor’s aggregate liability for any claim or demand pursuant to this Agreement
shall be limited to the cost of the service provided under the Agreement.
7. Termination of the Agreement
7.1. The Agreement shall be terminated before its expiry date:
- by mutual agreement of the Parties;
- in case of a breach by the Client of the terms of this Agreement;
- in other cases expressly provided for by the laws of Ukraine.
7.2. The Contractor reserves the right to suspend the provision of services to the Client in case of a breach by
the Client of the procedure and terms for the provision of services, for a period until such breach is remedied.
8. Additional Terms
8.1. The Agreement shall come into force from the moment it is published on the Website and shall remain
in force until the Contractor withdraws or amends the Offer. In fulfilling the terms of this Agreement, the Parties
shall use telephone communication and other available means of communication via the Internet (including
mobile applications such as VIBER, TELEGRAM, etc.).
8.2. The Contractor reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time
at their discretion. In case of amendments to the Offer, such amendments shall take effect from the moment the
amended text of the Offer is published on the Website, unless a different effective date for the amendments is
specified additionally upon such publication.
8.3. The Agreement (contractual relationship) shall enter into force upon the Client’s acceptance of the Offer
in accordance with the procedure set out in this Agreement and shall remain in force until the Contractor has
fully performed its obligations under this Agreement. Full performance of the Contractor’s obligations to the
Client is determined by the expiry of the term for the provision of services in accordance with the
Questionnaire/Service Provision Programme.
8.4. Unilateral termination of the Contract at the Contractor’s initiative shall be effected by sending a written
notice to the Client at the email address provided by the Client.
8.5. By accepting this Agreement, the Client confirms the accuracy and authenticity of the information
provided by them in the Questionnaire/Service Provision Programme.
9.6. By accepting this Agreement, the Client voluntarily consents to the processing of their personal data in
the Contractor’s personal data database for the purpose of the Contractor fulfilling their obligations under this
Agreement and in accordance with the procedure provided for by law. The Contractor shall be entitled to
disclose the Client’s personal data to its employees, organisers, and third parties involved in the provision of
services under this Agreement, solely for the purposes of this Agreement.
8.7. Each Party to this Agreement bears full responsibility for the accuracy of the details provided by it and
undertakes to notify the other Party in writing and in a timely manner of any changes thereto; in case of failure
to notify, it shall bear the risk of any related consequences.
8.8. The Parties hereby agree that document exchange between them pursuant to this Agreement may be
conducted electronically, including through the exchange of scanned copies of documents between the Parties,
in a manner convenient to the Parties. Documents exchanged between the Parties may be signed using an
electronic digital signature or be scanned copies of documents bearing the Parties’ signatures. The Parties may
exchange original documents upon prior request by one of the Parties. Until the Parties exchange the originals of
the relevant documents, the scanned copies of the documents signed by the Parties shall have the force of
originals.
9. Privacy and Protection of Personal Data.
9.1. By providing your personal data on the Contractor’s website and/or by completing the
Application/Service Provision Programme the Client gives the Contractor their voluntary consent to the
processing, use (including transfer) of their personal data, as well as to the performance of other actions
provided for by the Law of Ukraine ‘On the Protection of Personal Data’, without any limitation on the duration
of such consent.
9.2. The Contractor undertakes not to disclose information received from the Client, except in cases where:
- a referral is necessary (the Contractor will request the Client’s permission to obtain additional advice and/or
information from another person (specialist);
- upon a request from a state body, court, etc., which obliges the Contractor, in accordance with the procedure
established by Ukrainian law, to disclose information about the Client, of which the latter shall be notified
without delay;
- The Contractor receives (has information) that there is a clear and immediate danger to me (the Client /
Contractor) or other persons.
9.3. The Client hereby consents and understands that the provision of services pursuant to this agreement
may be carried out via an internet connection (subject to agreement by the parties); furthermore, the Client
understands and, by signing this agreement, consents to the fact that communication (sessions, correspondence,
etc.) via the internet is conducted remotely, and the Client understands and agrees that the parties, including the
Contractor, cannot fully guarantee the absence of interference (unauthorised interference) from third parties
during the provision of services. The Contractor shall not be liable for the security of information received by
the Contractor during the provision of services in the event of unauthorised (illegal) interference by other (third)
parties, or an unauthorised leak of information beyond the control of the parties.
9.4. The Client hereby agrees, and the Contractor guarantees, that upon the expiry of a three-year period
following the completion of the provision of services, the Contractor shall destroy records relating to the Client
and shall not disclose them to other persons.
9.5. The Client is liable for keeping their personal information up to date. The Contractor shall not be liable
for the poor performance or non-performance of their obligations due to the information about the Client being
out of date or not corresponding to reality.
10. Other Terms
10.1. This agreement is concluded within the territory of Ukraine and is governed by the applicable laws of
Ukraine.
10.2. All disputes arising between the Contractor and the Client shall be resolved through negotiation. In
case of failure to resolve the dispute through negotiation, the Contractor and the Client shall have the right to
refer the dispute to the courts in accordance with the applicable laws of Ukraine. The court competent to resolve
disputes arising in connection with this agreement is the court at the place of registration of the Contractor,
within whose territorial and subject-matter jurisdiction the resolution of the dispute falls.