Terms of Service

Public Service Contract (Offer)

Date: 09.09.2022

Sole proprietor Kyrkosh Mariana Stepanivna, which operates on the basis of an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs of Ukraine No. 21140000000004083 dated 16.07.2016 and is on the simplified taxation system (hereinafter – the “Provider”) on the one hand,

and

the person who joined this Agreement by paying the price of the Provider’s services (hereinafter referred to as the “Customer”), on the other hand, hereinafter collectively referred to as the Parties, and each individually as a Party, concluded this Public Service Agreement (Offer) about the following:

1. GENERAL PROVISIONS

1.1. The following text of the Service Agreement (offer) addressed to individuals and/or legal entities is the Provider’s official public offer to conclude a Service Agreement (offer) with the Customer (hereinafter referred to as the “Agreement”).
1.2. This Agreement is a contract of accession in accordance with Article 634 of the Civil Code of Ukraine. The Customer joins this Agreement as a whole by full or partial payment of the price of the Provider’s services, which indicates full and unconditional acceptance (acceptance) by the Customer of all the terms of this Agreement. The Customer is given the opportunity to join this Agreement when ordering the Provider’s services. The Customer can familiarize himself with the terms of the Agreement on the Provider’s website https://sophiospace.com (hereinafter – the Site). Before the Customer decides to join this Agreement, the Provider provides the Customer with all necessary information about the Services and answers all the Customer’s questions regarding the Services.
1.3. The proposal to change the Agreement, as well as its termination, is carried out on the basis of the Customer’s application submitted electronically, by sending an email to info@sophiospace.com or by canceling the subscription and/or deleting the user’s profile in the personal account on the Site.

2. SUBJECT OF THE AGREEMENT

The Provider undertakes to perform, and the Customer undertakes to accept and pay for services in the field of education, including, but not limited to, online training services through courses, webinars, consulting, etc. (hereinafter referred to as “Services”).
The Provider has the right to involve third parties in the provision of Services under this Agreement, concluding agreements with them on her behalf. If the Provider has engaged third parties to fulfill his obligations under this Agreement, the Provider is responsible for the actions of third parties, the cost of the Provider’s services remains unchanged and does not incur any additional costs for the Customer.

3. OBLIGATIONS OF THE PROVIDER

Notify the Customer about a change in tariff plans by sending an e-mail to the Customer no later than 7 (seven) calendar days before their change.
Perform the Services in full and within the agreed terms.

4. OBLIGATIONS OF THE CUSTOMER

Make payment for the Provider’s Services in the order, amount, and terms specified on the Site or by the invoice or the Agreement or additional agreements.
Accept properly provided Services.
Properly implement and implement the Provider’s recommendations provided by the Provider.
Unless otherwise provided by the Agreement, resolve any issues regarding the progress of the Services by emailing the Parties, in particular through the email addresses specified in the details of this Agreement or using messengers.

5. THE COST OF THE SERVICES AND THE PROCEDURE FOR THEIR PAYMENT

Subscriber Services, which have a fixed volume and are provided continuously on a regular basis, are paid by the Customer on a monthly basis, on the basis of preliminary (advance) payment. Subscription is renewed automatically every month and the Customer is obliged to make the payment of subscription Services for the following month or cancel it before the next month starts. The subscription fee is paid automatically by linked bank card using payment systems. If the subscription was not canceled 1 day before the beginning of the next month, the subscription is considered accepted for payment.

One-time Services provided are performed on the basis of advance payment. In this case, the payment procedure is determined additionally on the relevant course pages on the Site.
Settlements between the Customer and the Provider are made in the national currency of Ukraine. On the English-language version of the site, the price is indicated in USD, equivalent to the cost of the Services in UAH. The amount to be paid is automatically calculated by the Provider at the exchange rate in UAH using https://apilayer.com/marketplace/fixer-api on the day of payment.
The Provider has the right to unilaterally increase the cost of the Services. The Provider shall notify the Customer of this at least 10 (ten) calendar days in advance. After the expiration of the above-mentioned term, the Provider has the right to stop providing the Services until receiving the written consent of the Customer regarding the change in the cost of the Services. The Customer has the right to disagree with the price increase and to terminate the Agreement, which he must notify the Provider within 5 (five) calendar days from the moment of receipt of the notification.
The Agreement can be terminated no earlier than one month after receiving the notification by the Provider.
In case of violation by the Customer of the established terms of payment for services, the Provider has the right to delay the performance of the Services for a period until they are fully paid. In this case, the Provider is released from responsibility for the violation of the terms of performance of services.
The Provider’s bank expenses, including bank commissions of any kind, related to this Agreement shall be paid by the Provider, and the Customer’s bank expenses shall be paid by the Customer. The moment of payment for the Services is considered the receipt of money to the Provider’s account.
The Parties agreed that the Provider provides access to the paid materials immediately after the funds from the Customer are credited to the Provider’s bank account (the cost of the Services for one month of subscription in accordance with the Agreement or only remuneration, depending on the method specified during purchase).

6. PROCEDURE FOR PROVIDING AND ACCEPTING SERVICES

6.1.1. Within fourteen (14) days from the moment of payment, the Customer may apply to the Provider for a refund and termination of the contract by sending an email to the Provider’s address info@sophiospace.com. If such a statement is not received, it is considered that the Customer has no claims to the provided Services and the Services are those that are provided in the proper manner/of proper quality/in the proper quantity/at the proper time, and the Customer is considered to have accepted the Services.
6.1.2. In case of unjustified and unmotivated evasion by the Customer from accepting the Services provided under this Agreement, if such evasion caused the Provider to delay the delivery of the Services provided under the Agreement, the risk of accidental destruction or accidental damage to the results of the Services provided by the Provider passes to the Customer from the moment when the delivery/acceptance of the Services provided under under the terms of this Agreement was to take place.

7. DURATION OF THE AGREEMENT

This Agreement enters into force within the period specified in clause 1.2 of this Agreement.

8. RESPONSIBILITY OF THE PARTIES

The Provider is responsible for the quality of the Services provided in the amount of no more than the total amount of payment received from the Customer for the Services provided.
The Provider is not responsible for the failure of the information system in the part that was subject to modification by the Customer or by third parties on behalf of the Customer. In this case, all work on diagnostics and restoration of the information system is performed at the expense of the Customer. All work to restore the functionality of the information system, performed by the Provider and later modified by the Customer, or by third parties at the request of the Customer, are considered additional work.
The Provider shall not be liable to the Customer for damages incurred by him during the provision of Services under this Agreement, in the event of the fault of the Customer who did not comply with the requirements of this Agreement.
The Provider is not responsible for violations or illegal actions committed by the Customer during the use of the Services provided by the Provider.
The Provider is not responsible in case of illegal access to information systems by a person or persons who are not parties to this Agreement, if such an act caused the destruction of information, blocking of information, modification of information, copying of closed information, disruption of the operation of information systems or change of the content of some and/or or all its pages or databases, if this happened through no fault of the Provider.
The Provider is not responsible for the violation of the deadlines for the performance of works if such non-fulfillment is due to the untimely fulfillment of the obligations of the Customer.
The Provider is released from responsibility for the improper performance of this Agreement, if it occurred due to the fault of the Customer or as a result of untimely or incomplete transfer of funds from the Customer to the Provider.

9. INTELLECTUAL PROPERTY

The Parties guarantee that the information materials provided in accordance with the terms of this Agreement are not encumbered by the requirements of third parties, that the Parties are the owners of exclusive rights to the information materials and/or have all the necessary permissions from the authors and other rights holders regarding intellectual property objects, and objects that are part of the works, as well as regarding primary works (in case the work is a reworking and/or translation), and such permissions should in no way limit the rights of the Parties or complicate the use of the work by the Parties in accordance with this Agreement.
The Provider is not responsible for the availability of licenses for the software installed on the Customer’s servers and personal computers. The customer must possess the necessary licenses, in accordance with the requirements of the current legislation of Ukraine.
The Customer, in case of violation of copyright and/or related rights of the Performer, is responsible for each fact of violation in full, in accordance with the procedure provided by the current legislation of Ukraine.
The Provider is not responsible for the content and quality of the information distributed by the Customer on the Internet.
In the event of claims or lawsuits being presented to the Executor regarding his violation of copyright and/or related rights of third parties in connection with the use of Information materials provided by the Customer to fulfill the terms of this Agreement, the Customer undertakes to settle such claims or take other necessary actions that exclude the occurrence of costs and losses for the Provider. And in case of costs and losses incurred by the Provider, to reimburse them in full.
The Customer is prohibited from removing, altering or concealing any copyright, trademark or other proprietary rights notices contained in the software used to provide services by the Provider.
The Provider is in no way responsible for the content of information transmitted by the Customer over the Internet and posted by the Provider as part of the performance of this Agreement.
The customer can use the content posted on the Site only for personal purposes. Copying and distribution of materials is prohibited.
The Customer grants the right to conduct photo and video shooting and create audio recordings of webinars, classes, and use videos and photos that contain the Customer’s image for advertising purposes.
10. CIRCUMSTANCES OF FORCE MAJEURE
The parties are released from responsibility for partial or complete non-fulfillment of their obligations under this Agreement, if their fulfillment is prevented by an extraordinary and irresistible event under the given conditions (force majeure).
Under circumstances of force majeure, the Parties understand such circumstances as: earthquakes, fires, floods, other natural disasters, epidemics, accidents, explosions, hostilities, anti-terrorist operations, as well as changes in legislation, which entailed the inability of the Parties to fulfill their obligations under the Agreement .
In the event of force majeure circumstances preventing the performance of obligations under this Agreement by one of the Parties, it is obliged to notify the other Party immediately after the occurrence of such circumstances and present to the other party documents confirming the occurrence and duration of the specified circumstances, as well as the deadline for performance obligations under this Agreement are transferred in proportion to the time during which such circumstances were in effect.
If the circumstances of force majeure operate for 3 (three) consecutive months and do not show signs of termination, this Agreement may be terminated by the Customer and the Provider by sending a notice to the other Party.
11. CONFIDENTIALITY
Each of the Parties agreed to consider the text of this Agreement, as well as all information transferred by the Parties to each other during the conclusion of this Agreement and in the process of fulfilling the obligations arising from this Agreement, as confidential information (and within the limits allowed by current legislation – commercial secret) of the other Party.
Each of the Parties undertakes not to disclose (make available to any third parties) in any way, except in cases where third parties have the appropriate authority in view of the direct instructions of the law, or in cases where the other Party gives written consent to provide confidential information to third parties) confidential information of another Party to which it gained access during the conclusion of this Agreement and in the process of fulfilling obligations arising from this Agreement.
12. RESOLUTION OF DISPUTES
12.1. All disagreements and disputes related to the implementation of this Agreement shall be resolved by the Parties through negotiations. If the Parties fail to reach an agreement, the dispute is referred to the court for resolution according to the rules of subordination and jurisdiction determined by the legislation of Ukraine.
13. FINAL PROVISIONS
The Customer must not carry out actions aimed at attracting the Provider’s specialists to work for the Customer with the transition to work for him, both as a full-time employee and as a part-time employee.
All changes and additions to this Agreement are valid if they are posted on the Provider’s Website on the appropriate page indicating the date of the last amendment to the Agreement.
The parties grant permission to each other to process personal data of themselves and their employees, necessary for the performance of this contract, to ensure the operation of the enterprise, the implementation of administrative and legal relations, tax relations, relations in the field of accounting, in the field of advertising, relations in the field of reporting; guarantee compliance with the requirements of the Law of Ukraine “On Personal Data Protection”; declare that they have been informed about the inclusion of personal data in the counterparty’s personal data bases and about their rights according to the law and about the persons to whom such data is provided.
The parties agree that all changes and notifications related to the execution of this Agreement can be additionally sent by e-mail or messengers.
The parties recognize the legal force of documents, including, but not limited to, copies of this Agreement, Acts, any other letters, messages sent by e-mail, messengers, the Post of Ukraine and the courier service.
The Parties agreed that E-documents sent, certified by EDS, have full legal force, create rights and obligations for the Parties, can be presented to the court as proper evidence and are recognized as equivalent to documents drawn up on a paper medium. Confirmation of transfer of documents (sent I, receipt, etc.) is considered a legitimate confirmation of the actual receipt and transfer of such documents by authorized persons of the Parties and does not require additional proof.

13. DETAILS OF THE PERFORMER

Sole Proprietor Kyrkosh Maryana Stepanivna
Ukrainian state registry legal entity identifier 3203609426
Tax payer category – single tax payer group 3.
Details for Swift payments:

UAH: UA743052990000026001045509104

USD: UA503052990000026003005507638

Location: Ivano-Frankivsk, Ukraine, 76000
Contact phone: +38 096 689 4103
E-mail: info@sophiospace.com

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