PUBLIC OFFER CONTRACT FOR THE PROVISION OF API INTEGRATION AND AUTOMATION OF INFORMATION SYSTEMS SERVICES, AS WELL AS API INTEGRATION CONSULTING AND TRAINING
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GENERAL PROVISIONS
1.1 FOP Kostyantyn Vyacheslavovich Shevchenko, hereinafter "Executive", publishes a real Offer, hereinafter "Offer", which is a public offer for an unlimited number of website users (hereinafter "Customer").
1.2 Before starting to use the Portal
https://businessrobot.academy please read the following terms of use carefully. By using our portal, you understand the terms set forth in this Offer and undertake to comply with them. If you do not agree with any points of the Offer, or they are not clear to you, it is recommended to refuse to use the Portal
https://businessrobot.academy. Using the Portal without agreeing to the terms of this Offer is not allowed.
1.3 This Offer enters into force and acquires the status of a contract from the moment of its acceptance by the Customer.
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SUBJECT OF THE OFFER
2.1. In accordance with the Offer, the Customer instructs and pays, and the Contractor undertakes to provide the Customer with services for business process automation training and the creation of business robots (hereinafter referred to as business process automation training) if there is a technical possibility and/or the Customer meets the necessary criteria for receiving the service.
2.2. As part of the Offer, the Contractor provides the following services:
2.2.1. Learning how to create business robots and automate business processes.
2.2.2. Consultancy support and training in automation of business processes.
2.2.3. Development and implementation of automated business processes.
2.3. The order of business process automation training follows each individual course.
2.4. The duration of business process automation training depends on the complexity of each individual course.
2.5. The cost of the service is set for each separate course individually.
2.6. Consultancy support and training in the automation of business processes is carried out exclusively within the framework of correspondence by e-mail or in messengers.
2.7. The procedure for consultations and business process automation training is agreed upon by the Parties through the exchange of e-mails.
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RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The executor is obliged to:
3.1.1. To provide the Customer with all the necessary information within the framework of the provision of services, in particular to provide consulting and technical support regarding services, the procedure and rules for completing the Application to the e-mail address
3.1.2. Provide services provided by this Offer.
3.2. The executor has the right to:
3.2.1. Change the cost of services, dates and times of business process automation training. The cost of business process automation training is subject to change.
3.2.2. Request data (information) from the Customer that is necessary for the provision of services. The request is sent to the email address.
3.2.3. To stop the provision of services in case the Customer violates the payment procedure or in case the Customer does not provide the data (information) necessary for the provision of services and requested by the Contractor.
3.3. The customer is obliged to:
3.3.1. Pay the Contractor's services under this Agreement on time.
3.3.2. Ensure at the beginning of the provision of the necessary technical conditions for their provision, specified by the Contractor.
3.4. The customer has the right to:
3.4.1. Get full access to the course information he bought.
3.5. Before starting the provision of services, the Customer is obliged to inform the Contractor of the following data:
3.5.1. Active e-mail for communication
3.10. The performer undertakes:
3.10.1. Do not use the Customer's data in the systems for purposes not intended for the performance of the specified services.
3.10.3. Do not transfer access to the systems provided by the Customer to third parties.
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CALCULATION PROCEDURE UNDER THE CONTRACT-OFFER
4.1. The cost of providing services is determined by the Contractor. After that, the Customer is billed.
4.2. The date of payment is the date of receipt of funds to the Contractor's current account.
4.3. All payments under the Agreement are made using the bank details of the Parties specified in the Agreement, unless other details are specified in the invoice for payment.
4.4. The Customer pays for the Order using: Online payment service Liqpay or Way For Pay.
4.5. Non-fulfillment or improper fulfillment by the Customer of its obligations to pay for services allows the Contractor to fully or partially suspend the fulfillment of its obligations under this Offer or to completely refuse to fulfill the obligations assumed under the Offer without indemnifying the Customer for any losses.
4.6. The Contractor has the right to refuse to return the reward to the Customer if the terms of this Offer are violated.
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PROCEDURE FOR RECEIVING SERVICES
5.1. The customer gets access to the purchased course, if he has any difficulties with accessing the course, he must notify the Contractor about this by email to info@businessrobot.academy.
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RESPONSIBILITY OF THE PARTIES
6.1. The Contractor shall not be liable in case of improper provision of the service, if the improper performance was a consequence of the unreliability, inadequacy or untimeliness of the information provided by the Customer, as well as due to other violations of the terms of this Offer Agreement by the Customer, as well as a consequence of the technical impossibility of providing the relevant service.
6.2. The parties are responsible for non-fulfillment or improper fulfillment of the obligations assumed under this Offer in accordance with the terms of this Offer.
6.3. The parties are not responsible for non-fulfillment of obligations under this Agreement in the event of force majeure.
6.4. The amount of any losses, costs, damages that may be caused by the Contractor's non-fulfillment or improper fulfillment of his obligations may not exceed the total amount of funds received by the Contractor from the Customer under this contract.
6.5. The amount of any losses, costs, damages that may be caused by the Contractor's non-fulfillment or improper fulfillment of his obligations may not exceed the total amount of funds received by the Contractor from the Customer under this contract.
6.6. The Performer informs the Customer that in some countries the vimeo and youtube service, where the Performer stores videos, may be blocked. In this case, the Contractor bears no responsibility if the Customer cannot access the video due to blocking of the service.
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Exclusive rights to maintain services and content
7.1. All objects available through the Contractor's services, including those used by the Contractor during consultations, including design elements, texts, graphic images, illustrations, videos, databases, music, sound and other objects (hereinafter - the content of the services), as well as any content posted on the Contractor's website are the objects of the Contractor's exclusive rights.
7.2. The use of content, as well as any other elements of the Contractor's services, is possible only within the framework of the functionality offered by this or that service. No elements of the content of the Company's services, as well as any content posted on the Company's services, may be used in any other way without the prior written permission of the right holder, including the Performer, if the latter is the right holder of the corresponding result of intellectual activity. Use includes, but is not limited to: copying, reproduction, processing, distribution, etc.
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Personal data of the Customer
8.1 The Customer gives his consent to the processing by the Contractor (including the receipt from the Customer and/or any third parties, taking into account the requirements defined by this law) of the Customer's personal data and confirms that, by giving such consent, he is acting of his own free will and in his own interest. The consent is given by the Customer for the purposes of concluding the Agreement with the Contractor and its further performance, providing services by the Contractor, participating in promotions, making decisions or taking other actions that give rise to legal consequences for the Customer or other persons and extends to the last name, first name, patronymic, address and any other information relating to the Customer's person, available or known to the Contractor at any specific moment in time (hereinafter, personal data).
8.2 This consent is given by the Customer before the expiry of the storage periods of the relevant information or documents containing the above information, which are determined in accordance with the legislation, after which it can be revoked by the Customer by sending an appropriate written notice to the Contractor at least 3 (three) months before the moment.
8.3 In case of withdrawal of the Customer's consent to the processing of personal data, the Contractor has the right not to stop the processing of personal data and not to destroy them, if the terms of storage of documents stipulated by law have not expired at the time of withdrawal. At the same time, the corresponding actions during the continuation of the processing of the Customer's personal data are considered acceptance. This consent is given to perform any actions regarding personal data that are necessary or desirable to achieve the above-mentioned goals, including, without limitation: collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer), depersonalization, blocking, destruction, cross-border transfer of personal data, as well as performing any other actions with the Customer's personal data, taking into account the current legislation of Ukraine. Processing of personal data is carried out by the Contractor using the following basic methods (but not limited to them): storage, recording on electronic media and their storage, compilation of lists, storage, if necessary, of paper versions of documentation, contracts, passports and other personal data provided by the Customer to the contractor. The Customer hereby acknowledges and confirms that if it is necessary to provide personal data to a third party to achieve the above-mentioned goals, the Contractor has the right to disclose information about the Customer personally (including personal data) to such third parties and their authorized persons to the extent necessary to carry out the above-mentioned actions, as well as to provide such persons with relevant documents containing such information. The Customer also hereby acknowledges and confirms that this consent is deemed to be given by him to any third parties mentioned above, subject to the relevant changes, and any such third parties have the right to process personal data based on this consent.
9. Circumstances of force majeure
9.1 The Parties are not responsible for full or partial non-fulfillment of obligations under this Agreement, due to force majeure circumstances that arose without the will of the Parties and which cannot be predicted or prevented, namely: earthquake, flood, other natural disasters, war, civil war, strike, adoption of acts by state authorities that prevent the performance of the agreement
9.2 A certificate issued by a local authority is sufficient confirmation of the presence and duration of force majeure circumstances.
9.3 The Party that fails to fulfill its obligations as a result of force majeure must send a written notification to the other Party within ten calendar days about the obstacle and its impact on the fulfillment of obligations under the Agreement.
9.4 If the circumstances of force majeure operate for three consecutive months and do not show signs of termination, this Agreement may be terminated by mutual agreement of the Parties with reimbursement to the customer in proportion to the uncompleted part of the course.
10. Final Provisions
10.1 The expiration of the Agreement is conditioned by the fulfillment by the parties of the obligations arising from this Offer.
10.2 The Customer hereby declares and guarantees to the Contractor that:
a) the Customer has all powers necessary to conclude the contract and fulfill the obligations assumed under it;
b) the Customer will perform the actions necessary to conclude and execute the contract and to ensure that the contract is lawful, binding on the party to the contract, and enforceable against the other party;
c) at the moment of concluding the contract on the basis of this Offer, there are no provisions in Ukrainian legislation, other regulations, or binding agreements relating to the party or its property that would violate or prevent the conclusion or performance of the contract. If such circumstances arise during the course and the Contractor did not know about their possible occurrence at the time of acceptance of this Offer, such circumstances shall be considered force majeure and the parties shall act in accordance with the provisions of this Part 10.
10.3 In all matters not provided for by this Offer, the parties shall apply the legislation of the country of residence of the Contractor governing service contracts, as well as other applicable legal norms.
10.4 This contract is concluded in the form of offer and acceptance without signing a separate written document by the parties.
10.5 Electronic document exchange between the parties under this Agreement has the same legal force as ordinary written document exchange.
10.6 The parties agreed that the Contractor has the right at any time to make unilateral changes to this Offer Agreement without prior or subsequent special notice to users, except for users who are currently participating in the relevant educational program. For users who are at one stage or another of the educational course, the rule applies that they must be notified of changes to the essential terms of this Offer, including price, timing of the educational program, force majeure, and other conditions that directly affect the rights and obligations of the parties.
10.7 The parties recognize the legal validity of e-mails sent by electronic mail. Such documents are considered documents executed in simple written form and signed by an analogue of a handwritten signature (the e-mail address), since only the parties themselves and their authorized persons have access to the relevant means of communication specified in the Agreement. The parties also have the right, at their own discretion or at the request of the other party, to use a facsimile reproduction of the signature on documents sent by e-mail in addition to the analogue of a handwritten signature. Documents sent by e-mail by one party are considered received by the other party on the day of dispatch, and any periods depending on receipt of the document begin on the next working or calendar day, depending on the relevant provision of the Offer.
10.8 All disputes, disagreements, or claims of the parties arising out of or in connection with this Offer, including its execution, breach, termination, or invalidity, shall be resolved through negotiations between the parties. If disputes cannot be resolved in a pre-trial manner, they shall be considered by the court at the location of the Contractor.
10.9 The parties to this Offer recognize electronic correspondence between themselves as written evidence.
Contractor name:
FOP SHEVCHENKO KONSTANTIN VYACHESLAVOVYCH
Tax ID: 2693212331
Legal and postal address: Ukraine, Kyiv, 04114, Vyshhorodska St., 38, apt. 96.
Current account IBAN: UA213052990000026003036208854
Recipient's bank: PECHERSKA BRANCH JSC CB “PRIVATBANK”
Telegram contact channel: https://t.me/konstantin_shevchenko