Offer agreement
CONTRACT - OFFER
ON PROVISION OF CONSULTING AND INFORMATION SERVICES

This contract is a public contract and a contract of adhesion under Articles 633, 634, 641, 642, 644 of the Civil Code of Ukraine, its terms and conditions are the same for all persons.
Physical Entity Entrepreneur Tserkovnaya Arina Konstantinovna, which is registered in the Unified State Register of Legal Entities, Physical Entrepreneurs and Public Formations of Ukraine from 04.07. 2022 under the number 2010350000000170336, (hereinafter referred to as the "Contractor"), offers an individual (hereinafter referred to as the "Client"), which together are hereinafter referred to as the "Parties", and individually as the "Party", to conclude this agreement on the provision of consulting and information services, posted on the Internet at https://european-coaching.university/ (hereinafter referred to as the "Agreement"), on the terms and conditions specified below.

1. DEFINITION OF TERMS
1.1 The Offer is a public Contract of adhesion on the provision of consulting and information services, including services to organize and provide access to the Course for the Client.
1.2 Website - the Internet site: https://european-coaching.university/ on which the Agreement is placed.
1.3 Acceptance of the Offer (Acceptance of the Offer) - full and unconditional acceptance of the Offer by the Client, through the Client's actions on the Site, as well as the implementation of actions provided for in this Agreement.
1.4 The Agreement is a public contract between the Client and the Contractor for the provision of services, which is concluded by the Client's Acceptance of this Offer, and is a contract of adhesion, which can only be concluded by the Client's adherence to the proposed contract as a whole.
1.5 Consulting and Information Services (hereinafter referred to as the Services) are services through coaching as defined by the International Coaching Federation. The Parties understand that Coaching services are not psychotherapy services, including psychological counseling or psychological training services.
1.6. The Contractor - Physical Entrepreneur Tserkovnaya Arina Konstantinovna, who is registered in the Unified State Register of Legal Entities, Physical Entrepreneurs and Public Formations of Ukraine dated 04.07.2022 under the number 2010350000000170336, being a single tax payer of the second group.
1.7. Coach - a member of the International Coaching Federation, RCC level (Professional certified coach), providing coaching services under the program "Professional coach of international level" (hereinafter referred to as the program) from European Coaching University, accredited in ICF on the level of ASTR (Accredited Coach Training Program) / Level 2 - updated name of accreditation.
1.8 Client - any legally capable natural person who has made an Acceptance of the Offer on the terms and conditions set forth therein, and by his/her actions has joined this Agreement wishing to receive the Services provided by the Provider.
1.9. International Coach Federation (ICF, International Coach Federation see official website https://coachfederation.org/) - a non-profit organization, a professional association of coaches, whose activities are aimed at the development of quality coaching worldwide (hereinafter - ICF).
1.9. Course - passing through and studying a program, for individuals, the characteristics and cost of which are defined in the corresponding Participation Package.
1.9. Participation Package is the information placed on the Website about the characteristics of the course, in particular, its duration, timing, form and features of access to the training, method and location, rules of the program, cost, etc., which the Client chooses independently.
1.10. Course Application - an electronic registration form for ordering a Course to be filled in electronically by the Client on the Website in order to provide the Contractor with the information necessary for the Contractor to fulfill its obligations under this Agreement, to confirm the conclusion of this Agreement by the Client.
1.11. Coaching Competencies is a system of knowledge, skills and abilities defined by ICF for certification of its members, which are applied by coaches in the course of their activity.
1.12. Examination Session - passing an examination of the key eight (8) coaching competencies and thirty-seven (37) markers within thirty (30) minutes to obtain ASTR certification in accordance with ICF assessment methods, norms and standards.


2. SUBJECT OF THE AGREEMENT
2.1 The Contractor provides the Client with the Services, and the Client undertakes to accept them and pay for them in the amount and on the terms and conditions stipulated by this Agreement and its Annexes.
2.2 Along with the Services, the Executor provides to the Course information product in the form of author's seminars, webinars, audio, video, text materials and individual consultations of the Executor. Any information product received from the Contractor is protected by the legislation of Ukraine in the field of intellectual property.
2.3 The total number, characteristics, type and cost of Services, which will be received by the Client, is specified in the Participation Package chosen by him, and is an integral part of this Agreement.
2.4 When rendering the Services under this Agreement, the Contractor is entitled to engage specialists with the necessary qualifications. In this case the Contractor is responsible only for the availability of the appropriate qualifications of the specialists.
2.5 Without further signing of written copies of this Agreement by the Parties, this Agreement shall be deemed concluded from the moment of receipt by the Contractor of payment from the Client for the Contractor's services under this Agreement (from the date of crediting the funds paid by the Client to the bank account of the Contractor), provided that the Application for the Course is correctly filled in.
2.6 Services under this Agreement are not educational services within the meaning of the Law of Ukraine "On Education".
2.7 Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient for the conclusion and execution of this Agreement in accordance with its terms and conditions.
2.8 Upon completion of rendering the Services, an act on the rendered Services shall not be formed and signed.

The Services shall be deemed to have been rendered properly and accepted by the Client in full, if within 3 (three) working days, from the moment of completion of the Services, the Contractor has not received, to his e-mail: european.coaching.university@gmail.com, motivated written objections on the quality of the rendered Services. In any case, the absence of any written comments within the established period of time shall be deemed to recognize the fact of proper quality of services.
2.9 Upon completion of the Services, subject to successful passing of the exam at the Examination Session, the Client receives a Certificate (International ASTR Certificate).


3. ORDER OF ACCEPTANCE OF THE OFFER
3.1 Placement of the text of this Agreement on the Site is an offer of the Contractor to all individuals who will express a desire to order and pass the Course, to conclude this Agreement on the terms and conditions specified in it.
3.2 The Offer may be accepted (accepted) by any physical person who has an interest in purchasing the services of the Contractor.
3.3 The Offer is considered to be accepted by the Client, if he has performed the following actions (in their totality):
- paid for the services of the Contractor, according to the selected Participation Package, after the execution of the Application for the Course according to the details provided by the Contractor and within the period specified by the Contractor.
The Executor may specify the details for payment for services when the Client makes an online payment (transfer of funds through various electronic resources) or by sending an invoice to the e-mail address or messenger (Telegram, WhatsApp, Viber) specified by the Client in the Application for the Course.
3.4 Acceptance of this Offer means that the Client is familiarized with all the terms and conditions set forth in this Agreement, he understands them and unconditionally accepts all these terms and conditions in general (in full and without exception).


4. DUTIES AND RIGHTS OF THE CONTRACTOR
4.1 The Executor is obliged:
4.1.1 Upon acceptance of the Agreement and fulfillment of the terms and conditions of this Agreement by the Client, to provide the Client with the possibility to access the Course selected by him in accordance with the characteristics and rules of the Course defined in the Participation Package selected by him.
4.1.2 At the Client's request, provide the Client with consultation and information about the Course.
4.1.3 Inform the Client about the rules and requirements for the organization of the Course, its content and characteristics on the Website, in the text of this Agreement, in the Course Offer and/or in any other way accessible to the Client,
- 4.1.4 Inform the Client within a reasonable time about the resumption of the provision of Services (clause 5.2.4.), by sending a written notice to the Client's e-mail.
4.1.5. After receipt of payment for the Services from the Client, but before the moment of their provision - to give the Client access to the Personal Account by sending the information necessary for access to the Personal Account to the Client's e-mail.
4.2 The Executor has the right:
4.2.1 During the period of validity of the Course Offer to change the order of the Course at its own discretion if this does not entail a violation of the program.
4.2.2 In case the Client refuses to take the ordered and paid by him Course regardless of the reasons - the Executor makes a refund with deduction of the expenses actually incurred by the Executor from the amount paid by the Client.
4.2.3 At its own discretion, to decide on the possibility of refunding the Client the money paid by the Client for the Course, if the Client has not started the Course and has not sent a written application in accordance with subparagraph 5.2.3. of this Agreement.
4.2.4 Terminate the Client's access to the Course at any stage of the Course without refunding the paid funds:
- In case he/she violates the rules of behavior during the Course. These violations are: incitement of interethnic conflicts, insulting the Course participants, the leading coach (lecturer, etc.), forcing them to deviate from the Course topic, advertising, foul language and other cases stipulated in Section 5 of this Agreement;
- in case of establishment of the fact of transfer by the Client of details for access to the Course to third parties, distribution by the Client of information and materials received by him in connection with participation in the Course to third parties for a fee or free of charge. The use by the Client of information and materials obtained as a result of receiving services from the Contractor is allowed only for personal purposes and for personal use.
4.2.5 Conduct photography and videotaping during the provision of Services and use the materials obtained during photography and videotaping at their own discretion. The Executor owns the exclusive copyright, as well as the rights related to the exclusive copyright to the specified materials, the use of the materials obtained during photo and video shooting is possible only with the written permission of the Executor.

5. DUTIES AND RIGHTS OF THE CLIENT
5.1 The Client is obliged to:
5.1.1 On the Executor's Website or in Google-forms, the link to which is located on the Executor's website, correctly and truthfully fill out the Application for the Course and confirm his unconditional consent to the rules and procedure of access to the Course and its completion, as well as to familiarize with the Privacy Policy. The consent with the rules and procedure of access to the Course is considered to be given by the Client if he/she has sent the Course Application.
5.1.2 Timely pay the Course fee in the amount and on time (if the payment procedure is monthly), according to the selected Participation Package.
5.1.3. fulfill the requirements of this Agreement, the rules and procedure for taking the Course, specified on the Website, comply with the requirements of the legislation of Ukraine in the execution of this Agreement and taking the Course.
5.1.4 Refrain during the Course from behavior:
- which may interfere with other Course participants, guest coaches, lecturers and other persons to take part in the Course and receive information during the Course;
- which humiliates the honor, dignity, business reputation of the Contractor, other participants of the Course, invited persons, coaches, lecturers and other persons, including by placing such information in the Internet, printed publications, mailings or in any other way, which has a public character.
5.1.5 The Client is prohibited to reproduce, repeat, copy, sell, as well as to use for any other purposes information and materials (audio, video and other), which became available to him in connection with the provision of services by the Contractor and access to the Course, except for the use of such information and materials exclusively for his own needs.
5.2 The Client has the right to:
5.2.1 Select the Course according to his own needs, by selecting a Participation Package with appropriate characteristics, parameters and format of service provision.
5.2.2 Receive the Services of proper quality and in the scope provided by this Agreement and the selected Participation Package.
5.2.3. To apply to the Executor with a request to solve the issue of refunding the money paid for the Course in case the Client has not started the Course or has stopped taking the Course.
5.2.4 Suspend the process of receiving the Services by sending a written notice of such decision to the Executor to his e-mail: european.coaching.university@gmail.com. The written notification shall specify the date of suspension and the expected date of resumption of receiving the Services. The Contractor reserves the right to change the date of resumption of receiving the Services by the Client.

6. AMOUNT OF PAYMENT AND SETTLEMENT PROCEDURE
6.1 The cost of services under this Agreement is determined by the Package of participation in the Course, posted on the Site.
6.2 Payment for the cost of the Contractor's services under this Agreement shall be made in non-cash form in the order and terms determined in accordance with the information on the Site for a particular Course and / or Participation Package:
by making an Internet payment;
by paying an invoice in a banking institution.
The content of the Internet payment or payment document of a banking institution must necessarily contain an indication of the Client's full name in the "Purpose of payment" column and the full name of the person who will participate in the Course.
6.3 The cost of services does not include any commissions charged by banks or payment systems for making a payment. The Customer shall pay the commission fees additionally.
6.4 The services are considered to be fully paid at the moment when the full cost of the services is credited to the Executor's account.
6.5 If the Client has not started participation in the Course during the period of validity of access to it (irrespective of the reasons), has stopped the Course before its completion (irrespective of the reasons) has not completed the Course in full (irrespective of the reasons), the payment for the cost of services made by the Executor is not returned, without a written request of the Client. In such cases, the Executor may, but is not obliged to, decide on the issue of refunding the Client the money paid for the Course at its own discretion.

7. LIABILITY OF THE PARTIES
7.1 For non-fulfillment or improper fulfillment of obligations specified in the Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine and the requirements of the Agreement.
7.2 In case the Client has paid the fee for the provision of services untimely and / or not in full, the Contractor has the right to terminate the Agreement and / or refuse to admit the Client to the Course.
7.3 In case the Client transfers information materials received during the Course to third parties without the written permission of the Executor, or in case of detection of the facts of use of these materials by the Client for commercial purposes, the Client bears such responsibility:
- The Client shall be suspended from
- any losses of the Client or third parties arising through no fault of the Executor.
7.4 Information about a particular Course and specifics of the Client's access to the Course (including technical characteristics of the equipment required for access to the Course) are provided in the Participation Package and on the Executor's Website. In case of non-compliance of the Client's technical equipment with the specified requirements in the Course Participation Package, the Executor is not responsible for the Client's inability to access the Course.
7.5 Any actions of the Client, aimed at preventing the Executor to provide services to other clients, or actions of the Client, which resulted in the failure to provide or improper provision of services by the Executor under this Agreement, entail the termination of this Agreement without refunding the Client the cost of services.
7.6 The Executor shall not be liable for:
- impossibility to provide the Services for reasons beyond its control, including force majeure, including: disruption of communication lines (Internet), sudden absence or malfunction of equipment, malfunction or interruption of various Internet resources (including Zoom, Skype, etc.), absence and / or deterioration of the quality of communication and data transmission provided by mobile operators and Internet providers;
- security breaches of the equipment or malfunction of the equipment used by the Client to receive services;
- impossibility to conduct the Course due to violation of obligations by the owners / users of the Course venues;
their fulfillment.
7.7 In any event, the Contractor's aggregate liability for any claim or suit under this Agreement shall be limited to the value of the service provided under the Agreement.

8. TERMINATION OF THE CONTRACT
8.1 The Contract shall be terminated:
- by agreement of the Parties;
- in cases stipulated by Clauses 7.2. and 7.3. hereof;
- in case of death of one of the Parties to the Contract.
8.2 The Contractor reserves the right to prohibit the Client from receiving services in case of violation of the Course rules by the Client for the period until such violation is eliminated.

9. ADDITIONAL TERMS AND CONDITIONS
9.1 The Contract starts to be effective from the moment of its placement in the Internet on the Website and is valid until the moment of withdrawal or change of the offer by the Executor. When fulfilling the terms of this Agreement, the Parties shall use telephone and other types of available communication via the Internet (including mobile applications VIBER, TELEGRAM, etc.).
9.2 The Contractor reserves the right to make changes in the terms of the Offer and / or withdraw the Offer at any time at its discretion. In case of changes in the Offer, such changes shall come into force from the moment of placement of the amended text of the Offer on the Website, unless another term of entry into force of changes is not determined additionally at such placement.
9.3 The Agreement (contractual relations) shall come into force from the moment of acceptance of the Offer by the Client in the manner prescribed by this Agreement, and shall remain in force until full fulfillment of the Contractor's obligations under this Agreement. Full fulfillment of the Executor's obligations to the Client is determined by the moment of expiry of the period allotted to the Client for access to the passage of the selected Course in accordance with the terms of the Participation Package.
9.4 Termination of the Agreement on the initiative of the Contractor is formalized by sending a written notice to the Client to his e-mail address specified when registering on the Website.
9.5 By accepting this Agreement, the Client confirms the correctness and reliability of the information provided by him in the electronic registration form (Application for the Course), as well as that the Client is fully familiarized and agrees with the rules and procedures of the Course, posted on the Site, and undertakes to comply with them.
9.6 By accepting this Agreement the Client voluntarily consents to the processing of his personal data in the Executor's personal data base in order to fulfill the Executor's obligations under this Agreement and in the manner prescribed by the Law of Ukraine "On Protection of Personal Data". The Executor has the right to provide the Client's personal data to its employees, co-organizers, as well as third parties involved in the provision of services under this Agreement, solely to achieve the purposes of this Agreement.
9.7 Each of the Parties to this Agreement is fully responsible for the correctness of the details specified by it and undertakes to timely inform the other Party in writing about their changes, and in case of failure to inform - independently bears the risk of related consequences.


Physical person-entrepreneur
Tserkovnaya Arina Konstantinovna
Ukraine, 61103, Kharkiv, 55, 97, 23 Augusta str.
Recipient:
ЕРГПОУ 3358902267
Tserkovnaya Arina
Current account
UA513220010000026001320085754
in "Monobank"
E-mail address
european.coaching.university@gmail.com


ECU
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