PUBLIC OFFER FOR CONCLUSION OF SERVICE AGREEMENT
PUBLIC ASSOCIATION «IT FAMILY ODESA» (hereinafter — the «Executor»), registered and operating in accordance with the laws of Ukraine, pursuant to Art. 633, 641 of the Civil Code of Ukraine, offers an unlimited number of persons to enter into this Agreement for the provision of services (hereinafter — the «Agreement») on the following terms:
1.1. Services are a set of consulting services provided by the Executor in the manner and under the conditions specified in this Agreement and the relevant Programs of Activities, which are an integral part of this Agreement.
1.2. Public offer (hereinafter — the «Offer») is a public offer addressed to an indefinite number of persons in accordance with the laws of Ukraine, to enter into the Agreement on the terms contained in this Offer.
1.3. The Executor’s website is a web page on the Internet at http://wave.it-family.od.ua, which is the official source of informing users about the Executor and the services provided to them.
1.4. Full unconditional and unqualified acceptance by the User of the conditions of the Offered Opportunities and Programs of the relevant Event.
1.5. The User is an able-bodied person who has accepted this Offer and paid the cost of the Executor’s services.
1.6. Parties — Executor and User.
1.7. Event expressed in the form of a lecture (workshop, training, business breakfast, etc.) is a set of consulting services aimed at providing the user with information on a given topic in order to enable him to form a certain attitude to the analyzed subject, as well as the development of certain skills in the research area.
1.8. Program of the Event are detailed conditions for the provision of a specific service, including, but not limited to, the following conditions:
1.8.1. Name, subject and content of the Event, list of participants;
1.8.2. Number of hours and / or schedule of the Event;
1.8.3. Cost of Event and the order of its payment, etc.
2.1. The Executor undertakes to provide the User with consulting services in the field of information technology, namely the User’s participation in the Executor’s Activities on a paid and / or free basis in accordance with the terms of this Agreement, and the User undertakes to accept and pay for such services.
2.2. The User undertakes to pay the Executor the cost of the Event, except in cases where the Event is held free of charge.
2.3. The Parties have agreed that the detailed content of the Event shall be indicated in the relevant Program of the Event, which shall be posted on the Executor’s Website.
2.4. The Parties agree that the Executor doesn’t guarantee any financial or other results of the User’s participation in the Event.
2.5. No claims for the effectiveness of the User’s application of knowledge and skills gained as a result of participation in the Event may be made to the Executor. The responsibility for the use of such knowledge and skills, as well as for any results, direct or indirect effects resulting from the use of such knowledge and skills lies entirely with the User.
3.1. Consulting services are provided in the form of the User’s participation in the Event in accordance with the Program of Events posted on the relevant section of the Executor’s website.
3.2. Acceptance of this Offer is recognized as full or partial payment by the User of the cost of the relevant Event and means full and unconditional acceptance by the User of the terms of this Offer and is equivalent to the User’s handwritten signature under the Agreement.
3.3. From the moment of crediting the funds to the Executor’s account, the present Offer is considered to be accepted. From the moment of acceptance of this Offer, the User’s unilateral withdrawal from the Agreement is inadmissible.
3.4. The Service is considered to be provided from the moment the Executor performed all the actions provided for in the relevant Program of Events.
4.1. The Executor has the right to:
4.1.1. Receive from the User the information necessary for the provision of services under this Agreement.
4.1.2. Receive payment for the services in the amounts and terms provided for in this Agreement and the relevant Program of Events.
4.1.3. Cancel, interrupt or postpone any Events, change their content, schedule, subject, list of participants and other parameters with mandatory notification of the User.
4.1.4. Publish any materials and feedback created by the User in the process of participating in the Event, without any restrictions or compensation by the User.
4.2. The Executor undertakes:
4.2.1. Provide the User with services in accordance with this Agreement and the relevant Program of Activities.
4.2.2. Inform the User about the rules and requirements for the organization of services, requirements for their quality and content, the rights and obligations of the User when receiving services.
4.2.3. Develop a Program of Activities.
4.2.4. If it’s necessary, provide the User with all necessary materials and information for participation in the Event.
5.1. The user has the right to:
5.1.1. Receive services of proper quality in accordance with the Program of Activities.
5.1.2. Receive from the Executor all the necessary materials and information for participation in the Event.
5.1.3. Get acquainted with the current Programs of Events on the Executor’s Site at any time.
5.2. The user undertakes:
5.2.1. Timely pay for services in the amounts and within the time limits established by this Agreement and the Program of Events.
5.2.2. Comply with the requirements of the legislation of Ukraine and the requirements of the Agreement related to the provision of services.
5.2.3. To refrain in the process of participation in the Event from actions that:
6.1. The total cost of services provided to the User under this Agreement consists of the total amount of the Event paid by the User.
6.2. The cost of a specific Event is determined by the Executor in the relevant Program, which is posted on the Executor’s Website or communicated by the Executor’s manager personally to the User.
6.3. The cost of the services provided by this Agreement is paid by the User by transferring non-cash funds to the Executor’s account or by payment on the website.
6.4. In case of early termination of the Agreement at the initiative of the Executor, he will refund only for those Activities that were paid by the User, but were not carried out by the Executor.
7.1. The parties shall be liable for non-implementation or improper implementation of obligations under this agreement in accordance with the current legislation of Ukraine.
7.2. The Executor’s services and all related materials are provided «as they are”, without warranty. The Executor doesn’t provide any guarantees, including commercial suitability, suitability for certain purposes and non-infringement of the rights of third parties, as well as guarantees arising from business relationships or business practices. In addition, the Executor disclaims liability for access to the User’s services and related materials, as well as their use. The user agrees to access the services and related materials and uses them at his own risk.
7.3. To the maximum extent permitted by law, the Executor shall not be liable for indirect, incidental, actual, indirect or direct damages, direct or indirect lost profits or loss of income, loss of data, operational qualities or other intangible assets related to: a) access to services and their use or the impossibility of such access or use; b) materials or behavior, including shameful, offensive or illegal, of any third party; or c) unauthorized access, use or alteration of the User’s materials or information.
7.4. The User agrees that the disclaimers and limitations of liability set forth in these terms and conditions reflect a reasonable and fair distribution of risks and are a prerequisite for the provision of services by the Executor for an affordable fee.
8.1. The Parties shall be released from liability for full or partial non-fulfillment of obligations if this non-fulfillment is caused by circumstances beyond the control of the Parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of government or administration, etc. , which makes it impossible to fulfill the terms of this Agreement (hereinafter — Force Majeure).
8.2. Force majeure shall apply, and the Party for which it occurred shall be released from liability for violation of the terms of this Agreement in the presence of written confirmation of the occurrence of force majeure.
8.3. The Party for which these circumstances have occurred undertakes to immediately notify the other Party and provide the relevant supporting documents.
8.4. From the moment of receipt of such notice by the other party, the implementation of the terms of this Agreement shall be terminated for the entire period of force majeure.
8.5. In case of force majeure for more than 3 (three) months, each Party has the right to initiate termination of the Agreement.
This Agreement is terminated:
9.1. By agreement of the parties.
9.2. If the Party is unable to fulfill its obligations in connection with the acceptance of regulations that have changed the conditions established by this Agreement, and either Party doesn’t agree to make appropriate changes to the Agreement.
9.3. In cases of violation by the User of the conditions provided for in paragraph 5.2 Offered opportunities.
9.4. In other cases provided by this Agreement and current legislation.