Individual entrepreneur NOVIKOV VLADISLAV OLEKSANDROVYCH, acting on the basis of Extract and/or Individual entrepreneur TYKHONOV YEVHENIY YURIYOVYCH, acting on the basis of Extract, who are co-authors, on one side (hereinafter referred to as the Performer), by this document offers to an unlimited number of individuals (hereinafter referred to as the Customer), on the other side (hereinafter together - the Parties) - to accept this Public offer (conclude a contract for services).
The offer is public and, according to Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Clients or Customers. Unconditional acceptance of all the terms of this Public offer without any exceptions and/or limitations shall be deemed acceptance of this Public offer (hereinafter referred to as the Agreement) by the Performer and the Customer, and the Agreement itself shall be automatically deemed concluded.
Public offer - a proposal of the Performer (posted on the Performer's website), addressed to an unlimited number of individuals in accordance with Article 641 of the Civil Code of Ukraine to conclude a Service Agreement on the terms specified in the Agreement.
Agreement - a legal act drawn up in the form of an accession contract in accordance with Article 634 of the Civil Code of Ukraine on the provision of services, the terms of which are established by the Performer and which can be concluded only by the Customer's accession to the proposed Agreement as a whole.
Performer's Website - a web page on the Internet at https://vladnovikov.site/, which is the main source of information for the Customer and/or can be used by the Customer to order the Performer's services.
Course - a set of educational materials (video materials, tasks, etc.) compiled according to a specific theme and within which services are provided.
Educational Material - presentation, interactive material, video recording, homework, etc., posted on the Platform.
Services - a set of advisory services, educational materials provided by the Performer in accordance with the terms and conditions specified in this Agreement and the relevant Programs, which are an integral part of this Agreement.
Customer - a capable individual who Accepts the Performer's Public offer set forth in this Agreement.
Acceptance - full, unconditional, and unreserved acceptance by the Customer of the terms set forth in the Offer without any exceptions, limitations, or reservations in accordance with Part 2 of Article 642 of the Civil Code of Ukraine.
Account Data - User's (Customer's) data used for his/her identification and providing authorized access to the mobile application.
Personal Data - information or a set of information about an identified or identifiable individual.
Consent of the personal data subject - voluntary expression of will by a natural person who gives permission to process his/her personal data in accordance with the purpose of processing.
Processing of personal data - any action or set of actions such as collection, registration, accumulation, storage, adaptation, alteration, updating, use, and dissemination (distribution, implementation, transfer), depersonalization, destruction of personal data, including by using information (automated) systems.
Rules for providing relevant Services - the terms of providing Services chosen by the Customer within this Agreement, which are an integral part thereof and are the sole source of regulating all relations between the Customer and the Performer arising in the process of providing Services. All advertising, presentation, and other materials created and existing for the purpose of informing about the Performer's services are of informational-reference nature only and are not a source of regulating all terms of providing Services.
This Agreement is concluded between the Customer and the Performer in the form of an accession contract in accordance with Article 634 of the Civil Code of Ukraine and is valid until the Parties fulfill their obligations.
The publication (placement) of the text of the Agreement on the Performer's website is an official proposal (Public Offer) of the Performer addressed to an indefinite number of individuals in accordance with Article 641 of the Civil Code of Ukraine to conclude a service contract with him on the terms of the accession agreement.
In case of acceptance of the terms of this Offer, the Customer agrees to all the terms of this Agreement and confirms that he/she understands all its provisions.
This Offer is an open and publicly available document. The current version of the Agreement is posted at: https://vladnovikov.site/ and is available for review until the Customer accepts the terms of the Agreement.
The Performer has the right to Change or supplement the Agreement at any time without prior or subsequent notice, which is made public and brought to the general knowledge by publication on the Performer's website. The obligation to familiarize oneself with the current version of the Agreement rests with the Customer. Continuing to use the services by the Customer after changes and/or additions to the Agreement means acceptance and agreement of the Customer with such changes and/or additions.
In case of disagreement of the Customer with the changes and/or additions made by the Performer to the text of the Offer, or disagreement with the new tariffs for the service, the Customer must stop using the services.
Each Party guarantees to the other Party that it possesses the necessary legal capacity, as well as all rights and powers necessary and sufficient for the conclusion and performance of the Agreement in accordance with its terms.
The Customer also confirms that there are no circumstances that could render such agreement null and void.
This Agreement is public within the meaning of Article 633 of the Civil Code of Ukraine.
The place of conclusion of the Agreement is the city of Zaporizhzhia, Ukraine.
By joining this Public offer, the Customer agrees to the Performer's use and processing of his/her personal data in accordance with the Law of Ukraine "On Protection of Personal Data."
The conclusion of the Agreement is carried out through the accession of the Customer to the Public Offer by the full and unconditional acceptance (acceptance) of the terms of this Agreement as a whole, without any conditions, exclusions, and reservations.
The Customer confirms that before entering into this Agreement, he/she was fully and properly acquainted with all its provisions and accepted them of his/her own free will without any coercion.
The Customer accepts the Agreement by performing one or more of the following actions:
transferring money to the Performer's bank account as payment or partial payment for the respective services of the Performer, including using electronic payment methods;
registration on the website, actual use of the services and materials of the website, including free materials and services, posted in the open sections of the website;
registration for a free webinar or subscribing to an email newsletter for free;
clicking on the "Participate" or "Buy" button (or similar field) on the Performer's website in case of purchasing paid services;
joining the Telegram chat/group created by the Performer.
The Agreement, provided the procedure for its acceptance is observed, is considered concluded in simple written form, enters into force from the moment of acceptance, and is valid throughout the term of receiving services, or until its termination on the grounds defined by the terms of the Agreement and/or the norms of the current legislation of Ukraine. The expiration of the Agreement does not exempt the parties from fulfilling their obligations.
The conclusion of the Agreement means that the Customer, to the extent necessary for him/her, has familiarized himself/herself with the rules for providing services; recognizes the professional suitability of the Performer and the rules for performing all actions described in this Agreement and accepts all the terms of the specified Agreement without reservation.
The subject of the Agreement is the use of the website, as well as paid services offered on the Performer's website.
The services are provided by providing the Customer with access to the Course (Educational Materials) chosen by him/her through the Telegram chat/group administered by the Performer for the duration of the Agreement.
The moment of service provision is considered to be the transfer of access to the Educational Materials. The Customer consumes the services by viewing the Educational Materials posted in the Telegram chat/group. All Educational Materials are proprietary and subjective; the Performer may not agree with the positions set forth in these materials. The Performer owns the intellectual property rights to all Educational Materials in accordance with the relevant agreements.
The volume of services available to the Customer depends on the product (course) purchased by him/her and the selected service package.
Free services or materials available in the open sections of the website (containing basic information on the topic) are provided to the Customer free of charge.
Upon purchasing paid services, the Customer is provided with access to extended information and closed content.
The Customer can purchase a separate product for a one-time payment, reserve participation in a live event (offline training, intensive, seminar), or submit an application for individual work.
The Customer may purchase a service package that provides access to several services or training courses at once.
Training includes the Customer's independent work and the completion of individual tasks (homework) by the Customer, which are part of the service provision process by the Performer.
By using the website or services, the Customer accepts all the terms of the Agreement without exception, as well as the privacy policy.
After registering on the Performer's website or placing an order for services offered on the Performer's website, or using the Performer's services, the Customer may receive written notifications, advertising mailings, informational messages, and other materials via messenger or at the phone number and email specified during registration. Also, in certain cases, the Customer may opt out of receiving them.
Any one-time services, service packages purchased by the Customer, may be offered for a specific period (have a fixed term of service provision). In this case, after the specified term expires, the provision of services ceases at the end of the specified period of service provision. Some service packages provide access to certain paid materials indefinitely. In this case, the Customer receives access to the content without a time limit. The terms of service provision and the rules for their use are specified on the Performer's website and are sent to the Customer's email, which the latter indicates when registering on the Performer's website, in a mandatory order.
The Performer may unilaterally reschedule the date and time of classes (webinars and master classes), notifying the Customer accordingly.
The price is determined and applied according to the service chosen by the Customer, which is indicated on the Performer's website or communicated to the Customer by the company's manager.
The final cost of services is displayed on the service payment page and is fixed in the electronic invoice of the payment system or in the invoice issued by the Performer.
The cost of services does not include additional bank commissions and payment system fees.
The Customer is obliged to make full payment before the start of the course according to the tariff.
In case of non-payment of the full amount by the Customer before the start of the course, the Performer may provide an additional period for payment, but not more than 3 banking days from the start date of the course.
Payments for services are made by transferring money to the Performer's account or through online payment systems used by the Performer.
Payment for services is made in the equivalent amount in hryvnias according to the exchange rate established by the National Bank of Ukraine on the day of payment.
The Customer has the right to make payment for services by cash transfer (through a terminal or cash desk of a financial institution), however, in this case, the Customer is obliged to send the Performer a copy of the payment document confirming the payment for services to the email address specified on the Performer's website.
In case the Performer incurs additional commissions or other expenses due to the rejection of payment due to the Customer's fault (for example, if the Customer does not have enough funds on the card), the Performer has the right to additionally debit from the Customer's card/account the expenses actually incurred by the Performer.
The Performer has the right at his discretion to change the payment method for the product the Customer wishes to purchase and/or refuse the previously proposed payment method, offering alternative payment methods.
The Customer has the right to order or reserve places for participation in online training by partial or full payment, in which case the reservation amount is non-refundable.
Customer's Rights:
To receive necessary and accurate information about the Performer, the scope of services provided by him, as well as other information related to the provision of services.
To control the provision of services by the Performer.
Performer's Rights:
To verify the information provided by the Customer, as well as the Customer's compliance with the terms of the Agreement.
To refuse to provide services to the Customer in cases where:
a) The Customer has violated his obligations regarding payment for services or other obligations established by this Agreement;
b) The Customer uses the results of the provided services for unlawful purposes that harm or may harm the rights and legitimate interests of the Performer and/or third parties;
c) The Customer disagrees with the terms of this Agreement.
To amend or supplement the Agreement at any time without prior or subsequent notice, which is published and brought to public knowledge by publication on the Performer's website. The obligation to familiarize oneself with the current version of the Agreement rests with the Customer.
The Performer has the right to terminate this Agreement with the Customer for the provision of services if the Customer, without specifying reasons, intervenes in the operation of the Performer's website, servers, and other automated systems, or to suspend or completely block the Customer's access to the website and services.
The Performer has the right to terminate this Agreement in case of repeated gross violation by the Customer of the terms of the Agreement for the provision of services, as well as in case of the emergence of arrears in payment for services.
The Performer has the right to unilaterally reschedule the date and time of classes (webinars and master classes, etc.).
Customer's Obligations:
To accept and pay for services in accordance with the terms of this offer.
To provide full and accurate information necessary for the identification of the Customer.
When contacting the Performer for the provision of services, not to violate the requirements of current legislation and accepted societal norms of morality and ethics, not to use the results of services provided by the Performer for unlawful purposes, which may violate the rights and legitimate interests of the Performer and/or third parties.
To timely pay for services provided by the Performer in the manner, amount, and within the terms determined by the Agreement.
To accept the services provided by the Performer if they comply with the terms of the Agreement.
In case of claims regarding the services provided by the Performer, to inform the Performer in writing in free form within 3 (three) calendar days from the moment the Customer becomes aware of the non-performance or improper performance of the Performer's obligations under this Agreement.
To comply with the legislation of Ukraine regarding the protection of the Performer's copyrights.
To consume the services personally, not to transfer access to the Course, Educational Materials to any third parties, not to copy or otherwise reproduce the Educational Materials, including not to distribute the provided educational materials on the Internet, Youtube, social networks, not to violate chat rules, including: self-promotion is prohibited, not to add people to the chat, not to flood, not to discuss politics, not to discuss schemes and other types of earnings, not to use profanity.
In case of violation of the Customer's obligations stipulated in this Agreement, the Performer has the right to unilaterally terminate the contract without refund.
Performer's Obligations:
To provide the Customer with services in accordance with the terms of this offer.
To provide the User with online support via email or chat, which will be created (Viber, Telegram) or another communication channel at the Performer's choice. Online support may take the form of consultations on how to use the platform's functionality.
To ensure that the Customer receives services of proper quality.
To provide the Customer with information regarding the provision of services.
To ensure that the Customer receives the services.
To ensure confidentiality of information related to the subject matter of the Agreement, its performance progress, and the results obtained, in accordance with the established procedure.
To comply with the requirements of the Law of Ukraine "On Personal Data Protection" in processing the personal data of System Users.
After placing an order and its payment, the Customer, in each specific case, has the right to refuse the paid services and demand a refund, provided that the Customer has not started using the materials and/or services provided to him/her (accessed one or several sessions, training programs, or their recordings, or has been added to a Telegram chat/group created by the Performer) since the payment of the services by the Customer.
If the Customer started using the materials provided to him/her from the moment of payment of the ordered service (accessed one or several sessions, training programs, or their recordings, or has been added to a Telegram chat/group created by the Performer), then the funds paid by the Customer are not subject to refund.
To refuse services and request a refund, the Customer must send an email to the address specified on the Performer's website or contact the support service by phone number indicated on the Performer's website. The Performer confirms the receipt of the refund request via email sent to the address provided during the order placement.
To apply for a refund, the Customer must inform the Performer and fill out a refund application, specifying the full name and email address provided during the service order, the name of the service (course, service package), the date of the order, payment information (date, amount), reasons for refusing the services, as well as any other information that may help identify the Customer. If the Customer fails to provide the necessary information, the Performer has the right to refuse consideration and refund of the request. In this case, no refund will be made.
If the Customer submits a request for a refund within the deadlines specified in the Agreement, the Performer undertakes to refund all payments made for the course. For this, the Customer must contact the Performer and submit a refund request in the prescribed manner.
In case the Customer submits a request for a refund within the deadlines specified in the Agreement, the Performer considers the Customer's request for a refund within 14 days from the date of receiving such refund request. The response is provided using the same means of communication that the Customer used to submit the request.
When refunding, the Performer uses the same payment method that the Customer used to pay for the services. If necessary, to cover additional bank or payment system fees associated with the refund, the Performer reserves the right to withhold 20% of the refund amount.
If the Customer did not use the services (did not participate in the event, did not view the sessions available to him/her) not due to the Performer's fault or refused to use the services in violation of the deadlines and the procedure established by the agreement, then the Performer does not refund the cost of such services to the Customer.
All rights to the Performer's website belong to the Performer.
Intellectual property rights to the Educational Materials used in the Platform, including, but not limited to, images, videos, logos, graphics, sounds, belong to the Performer.
The Performer also uses objects of intellectual property rights that may belong to other persons, based on an appropriate license, agreement, or other legal basis.
The Performer grants the Customer a limited, non-exclusive, revocable, and non-transferable license to access the Platform and use the Educational Materials.
By granting the Customer the right to use objects of intellectual property for the purposes of this Agreement, the Performer does not transfer any intellectual property rights to such objects and does not authorize their use for purposes other than those defined by the Agreement.
All materials posted on the Performer's website and other project websites, as well as materials provided to the Customer during the provision of paid services (content), are subject to copyright and the exclusive rights to use them belong to the Performer, regardless of registration and the territory of their operation.
In case of detecting the fact of unauthorized use of the Performer's intellectual property (use of the brand, copying or processing of course materials or their distribution, purchasing access to the resource "on the cheap" and transferring login data for access to training to third parties, etc.), the Performer has the right to terminate the provision of services and block the violator's account without compensating the Customer for the cost of training.
The Performer has the right at its discretion to demand from the violator full compensation for damages caused by such violation or payments from the Customer who committed the violation, compensation in the amount of double payment for the unlawful use of the intellectual property object for each case of unlawful use of the Performer's products.
The Performer is responsible for:
- violation of the Terms and conditions of service provision;
- providing services of inadequate quality.
If the delay in providing services is due to the fault of the Performer, then the Performer's liability is limited solely to: extending the deadlines for providing services or providing services on new terms until the Performer's obligations are fully fulfilled.
The Parties understand and acknowledge that the discrepancy between the result of providing one or another service and the result that the Customer expected and wanted to receive when applying for the provision of the relevant service itself does not constitute the fact of providing such service of inadequate quality.
The Performer is not liable for:
- impossibility of providing services due to reasons beyond our control, including force majeure, disruptions in communication lines, power outages, air alarms, military actions, malfunction of equipment and software not owned by the Performer;
- complete or partial interruptions in the provision of services associated with the replacement of equipment, software, or other work required to support the performance and development of technical means (provided prior notification to the Customer);
- security breaches of equipment and software used by the Customer to access the services;
- loss of confidential information or its parts if it is not the fault of the Performer;
- any damages of third parties that have arisen not due to the fault of the Performer.
The Customer is responsible for:
- the accuracy and correctness of the registration and payment data specified by the Customer during registration on the Performer's website or order placement;
- the use by third parties of login data used to access the Services;
- the use of materials posted on the website or provided during the provision of Services for their further resale, distribution, or transfer to third parties;
- spreading false information about the Performer, which tarnishes business reputation (slander). In case of violation, the Performer may resort to legal means of protection and may hold you liable civilly, administratively, or criminally;
- violation of the terms of service usage;
- violation of payment terms;
- interference with the operation of the website and available services or an attempt to access them bypassing the Performer's instructions;
- the content and materials that the Customer posts on the website or in the Performer's chats while using the Performer's services. The Performer is not responsible for the materials posted by the Customer and does not monitor them.
The content and materials that the Customer posts on the website or in the Performer's chats while using the Performer's services should not contain advertisements.
The Performer has the right at any time to remove or relocate any content posted by the Customer if it believes that it violates the rights of third parties or legal requirements. If the Customer violates the specified principles of content posting, the Performer has the right to send the Customer a written warning and temporarily block their account and suspend the provision of services, or unilaterally terminate the Contract.
If the violation occurred due to the fault of the Customer, then the Customer is obliged to compensate the Performer for all damages suffered by the Performer in connection with satisfying the claims of third parties (whose rights have been violated). The Performer reserves the right to make claims for losses and other claims on a recourse basis.
By posting their own content, the Customer undertakes to comply with the requirements of the legislation of the country of residence. In any case, the publication of content of a pornographic, sexually explicit nature, promoting violence, sadism, discrimination, containing threats or slander is prohibited.
In addition, the Customer's content should not violate the rights of third parties and contain advertisements. This applies to both property and personal non-property rights of third parties, including intellectual property rights (such as copyright and rights to trademarks and trade names). In particular, the Customer is also obliged not to violate the rights of third parties when posting comments/reviews, profile photos, or any pictures they publish.
The Performer gives no warranties that the use of its services will bring the Customer financial or other results. The data provided during the use of paid and free materials on the website by the Customer are for reference only.
By purchasing paid services or using free content, the Customer agrees that they use the content at their own risk and assumes unilateral responsibility for this.
The Performer shall not be liable for any potential loss of profit, reputational, and other risks that may arise during the use of website materials by the Customer.
The results of different users may vary significantly when using the same services. The cases and success stories provided on the website are presented as demonstrations of the results of specific individuals and are not a promise or guarantee that the Customer will achieve the same results, even if copying the strategies and actions taken by these individuals to achieve certain financial and other results. By using the materials, the Customer waives any legal claims and other forms of claims against the Performer regarding the results obtained by the Customer in the process of using the content and services.
The Customer understands that their disagreement with the opinions of mentors, teaching methods, and the content of training programs is not a reason for a refund.
The agreement is valid throughout the entire term of service provision, or until its termination on grounds specified in the terms of the agreement and/or the norms of current Ukrainian legislation. Termination of the agreement does not release the parties from fulfilling their obligations.
All disputes and disagreements that may arise in the process of service provision by the Performer, in connection with the acceptance, execution, and/or violation of the provisions of this Agreement, shall be resolved through negotiations between the Parties.
If agreement is not reached through negotiations, the Customer reserves the right to submit claims, which must be considered by the Performer within a reasonable time, in order to resolve disputes and disagreements through pre-trial procedures.
In case of failure to reach agreement between the Parties through negotiations and impossibility of resolution through pre-trial procedures, all disputes and disagreements shall be settled in court according to the jurisdiction of the Performer's location.
The relations arising from the acceptance and implementation of this Agreement shall be governed by the current norms and provisions of Ukrainian legislation to the extent that it does not contradict imperative norms of Ukrainian law.
The Performer reserves the right to unilaterally make changes to this Agreement at any time.
All changes to this Agreement are posted on the Performer's Website.
All changes to this Agreement come into effect from the moment of their publication on the Performer's Website.
The changes that have come into effect apply to all Customers.
Customers are considered informed about the changes made to the Agreement from the moment of their publication on the Performer's Website.
The Performer maintains the confidentiality of data and information obtained from the Customer in the conclusion or execution of the Agreement and may disclose them only in the manner and cases directly provided by the current legislation of Ukraine.
The Customer unconditionally consents to the storage and processing, including automated processing, of any information relating to the Customer's personal data for the purpose related to the execution of this Agreement and the consequences of its execution or non-execution. The Customer grants the Performer consent to process all of their personal data without limitation on the storage period and the term of processing personal data.
The recognition of any provision or item of this Agreement or its appendices as invalid does not affect the validity of the remaining provisions and terms of the Agreement.
Performer:
FOP Novikov Vladislav Oleksandrovych
Legal address:
Ukraine, 69061, Zaporizka oblast, Zaporizhzhia,
Kulturna St., b.156
Account number: UA263220010000026004330038011
Public Joint-Stock Company "Universal Bank"
Tax ID: 3399406591
Email: [email protected]
