Kharkiv, Ukraine
The Agreement is valid from “01” January 2021
This Public Offer for Consulting Services (hereinafter – the Offer) is aimed at an indefinite number of individuals and is a Public Offer of Limited Liability Company “Sigma University”, represented by the Director, Shevchuk Olha, acting on the basis of the Statute (hereinafter – the “Contractor”), to enter into an agreement on the provision of consulting services (hereinafter – the “Agreement”) on the following terms:
GENERAL
The Acceptance of this Offer shall be payment for consulting services by a person https://university.sigma.software/ in the manner prescribed by section 2 of this Agreement.
By accepting this Offer, the Customer agrees to all the terms of the Agreement in the form in which they are set out in the text of this Agreement.
By accepting this Offer, the Customer hereby confirms that the terms set forth in the Agreement do not limit their legal rights and interests.
The Contractor offers consulting services through their website https://university.sigma.software/ (hereinafter – the “Site”). The Site contains information on the consulting services, presented as various educational courses and meetups (hereinafter – the “Courses”), the course syllabus, the fee, duration and other information.
The Contractor does not provide any academic assessments or exams. This means that no educational establishments are obliged to confirm and/or acknowledge the Customer’s completion of the Courses. Accordingly, the Contractor is not obliged to receive any academic acknowledgment or pass any certification of their consulting services.
The text of this Agreement is published on the Internet at: https://university.sigma.software/publichniy-dogovir-oferta-pro-nadannya/
Hereinafter, the Contractor and the Customer are collectively referred to as the “Parties”, and individually – the “Party”.
1. SUBJECT
1.1 In accordance with the terms of this Agreement, the Contractor provides the Customer with consulting services of delivering the educational course (hereinafter – the “Services”), and the Customer undertakes to accept the provided Services and pay for them in the manner and terms provided by this Agreement.
1.2 The name of the Course in question, the description, fee, duration, starting date and the place of the Services provision are stipulated at the Site.
2. COST OF SERVICES AND SETTLEMENTS
2.1 The total fee of the Services is set by the Contractor unilaterally through placing this information at their Site. The set fee remains valid until the next change and also during the entire period pre-paid by the Customer.
2.2 The Services are paid by the Customer on the terms of 100% advance payment of the fee for the Course, unless stipulated otherwise in the description of this particular Course at the Site.
2.3 Payment for the Services is made in the national currency of Ukraine – hryvnia (UAH).
2.4 The Customer independently bears the responsibility for the correctness of the payments made by them.
2.5 The request for Services is made by registering at the Site.https://university.sigma.software/
After completing the application, the Customer may pay for the Services:
– using the payment system LiqPay according to the rules of this payment system;
or
– by paying the invoice for Services sent by the Contractor to the Customer’s e-mail. In this case, payment for the Services must be made by the Customer within 2 (two) banking days from the date of receipt of the invoice for payment by e-mail, but in any case – no later than 3 (three) days before the Contractor starts provision of the Services under the Agreement.
2.6 The moment of payment for the Services is considered to be the moment of crediting the payment to the current account of the Contractor.
2.7 Conditions for refunding the fee paid by the Customer according to this Agreement:
2.7.1 In case of the Customer’s refusal from the Agreement before the date of the start of the Course as stipulated at the Site – 100% of the fee is to be refunded.
2.7.2. In case of the Customer’s refusal from the Agreement after the first class – 70% of the fee is to be refunded.
2.7.3. In case of the Customer’s refusal from the Agreement after 2 (two) weeks of the start of the Course – 40% of the fee is to be refunded.
2.7.4. In case of the Customer’s refusal from the Agreement after 3 (three) weeks of the start of the Course – the fee is not to be refunded.
The proper notification of the Contractor about the Customer’s refusal from the Agreement is a written notification sent to the Contractor’s email address at university@sigma.software. In this case the Agreement is considered automatically stopped on the day of the Contractor’s receiving the Customer’s notification about refusal from the Agreement.
2.8 The payment made by the Customer is to be refunded in the cases stipulated in articles 2.7.1 – 2.7.3 of clause 2.7 of this Agreement within 10 (ten) working days from the date of the Contractor’s receiving the corresponding notification. The payment made by the Customer is to be refunded with the deduction of the LiqPay payment system’s commission, in the case when the payment for the Services was made through this system.
2.9 Certain Services may be provided free of charge (as a part of promotional events or in any other way at the Contractor’s choice). To avoid any doubts, free Services are in any case provided without a possibility of refunding.
2.10 In case of failure to provide the Services due to the Contractor’s fault, the payment made by the Customer for the effected Services is to be refunded in full, within 10 (ten) working days from the date of the Customer’s claim.
2.11 The Services are considered fully effected at the moment of the completion of the last consultation of the relevant Course.
3. RIGHTS AND OBLIGATIONS
3.1 The Contractor undertakes to:
3.1.1 Provide the Services properly, in the manner and to the extent provided for in this Agreement;
3.1.2 Provide the Customer with the materials required for the effective provision of Services, in the scope determined by the Contractor independently;
3.1.3 Upon completion of the Service delivery, to provide the Customer with the certificate of the Course completion; at the request of the Customer – a legal entity, to provide such Customer with two copies of the Act of Services Acceptance (hereinafter – the Act) for signing;
3.1.4 Refund the payment made by the Customer in the order and volume stipulated by this Agreement.
3.2 The Contractor is entitled to:
3.2.1 Get the data from the Customer which are necessary for the Contractor to provide the Services according to the terms of this Agreement;
3.2.2 Unilaterally make changes to this Agreement, change the fee for the Services, as well as other conditions, with prior publication of the changes on the Site. In this case, the change in the volume of the Services actually paid is not allowed;
3.2.3 In the case of providing Services online and at the discretion of the Contractor, the Contractor may make a video of the relevant educational Course and provide access to the Customer by sending such video to the Customer’s email.
3.3 The Customer undertakes to:
3.3.1 Responsibly follow the training instructions of the Contractor, attend classes, and perform practical tasks and homework;
3.3.2 Carefully treat the property of the Contractor, indemnify the damage caused to the property of the Contractor, according to the current legislation of Ukraine;
3.3.3 Not to publish, not to transfer to any third parties and not to use for commercial purposes methodical materials provided to the Customer during provision of the Services;
3.3.4 On the day of receipt of the two copies of the Act from the Contractor – sign the Acts and return one copy to the Contractor;
3.3.5 Not to copy, not to store, not to transfer to any third parties, not to use for commercial purposes, not to distribute on the Internet any materials and videos of the Courses provided to the Customer by the Contractor.
3.3.6 Not to share their credentials used to access the personal account on the Site (that is, login and password) to any third parties.
3.4 The Customer is entitled to:
3.4.1 Receive the Services stipulated in this Agreement;
3.4.2 Require the Contractor to comply with the terms of this Agreement;
3.4.3 Refuse the Services, with the right to demand a refund of the payment made, in the order stipulated in section 2 of this Agreement.
4. LIABILITY OF THE PARTIES
4.1 The Contractor is not liable for non-performance or improper performance of the terms of this Agreement due to the fault of any third parties (Internet service providers, postal services, telephone communication operators, landlords, etc). If, for any reason, the Contractor does not provide the Services within the time limits specified at the Site, the Contractor’s liability is limited solely by the obligation to provide the relevant Services within the new timeframe proposed by the Contractor.
4.2 The Contractor is not responsible for the way the Customer will use the information received during the provision of the Services and the results of its use by the Customer.
4.3 The aggregate liability of the Contractor under the Agreement for any litigation or claim as for the Agreement or its performance, is limited to the amount of the payment made to the Contractor by the Customer under this Agreement.
4.4 For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.
4.5 The Customer is also liable for violation of article 3.3.5 of this Agreement. In the case if the Contractor finds a violation by the Customer of article 3.3.5 of clause 3.3 of this Agreement, the Customer shall pay the Contractor a penalty in the amount of double fee of the Services provided.
4.6 All disputes and differences shall be resolved through negotiations between the Parties.
4.7 All issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.
5. FORCE MAJOR
5.1 The Parties shall not be liable for non-performance or improper performance of obligations under this Agreement if they prove that this was due to force majeure, which arose after the conclusion of this Agreement as a result of extraordinary events that the Parties could not neither anticipate nor prevent with reasonable measures, and the Parties have made all possible measures within their capacity to ensure the proper performance of their duties. Force majeure circumstances include: military action, the influence of natural forces (earthquake, flood, etc.), decisions of government agencies. The Parties shall notify each other of the occurrence of force majeure within three working days from the date of their occurrence.
5.2 In the event of force majeure, the term of performing the obligations under this Agreement is postponed for the period during which such circumstances and their consequences act.
6. VALIDITY
6.1 The Agreement shall enter into force upon its acceptance under the conditions specified in this Agreement and shall terminate upon complete fulfilment by the Parties of their obligations.
7. OTHER TERMS AND CONDITIONS
7.1 Issuance of a state certificate based on the results of the Services is not provided.
7.2 The Customer confirms that the Customer has read all terms and conditions before concluding this Agreement, and has entered into this Agreement without any coercion.
7.3 All changes and additions to this Agreement shall have legal force if they are set out by the Contractor on the website at: https://university.sigma.software/publichniy-dogovir-oferta-pro-nadannya/
7.4 In case of non-signing the Act provided by the Contractor by the Customer, without substantiation of the reasons in writing in the terms specified in article 3.3.4 of this Agreement, the Contractor makes the relevant mark in the Act and signs it unilaterally. In this case, the Act is considered signed, and the Services are considered to have been provided properly.
7.5. All questions related to the usage, processing and protection of the Customer’s personal data are settled in the Notification about processing of personal data at https://university.sigma.software/zgoda-na-obrobku-vikoristannya-i-zberi/.
7.6 In the case of presence of translations of this Agreement into other languages, the version in the Ukrainian language shall be prevalent.
8. BANK DETAILS
Contractor
SIGMA UNIVERSITY LLC
Registration number 44152945
Ukraine, 61045, Kharkiv Region, Kharkiv City, 18 Otakara Yarosha Str.
Director ___________ О.О. Shevchuk
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