The public offer agreement
1. GENERAL PROVISIONS
1.1. The present public offer (further – the Offer, agreement) is an official offer of “Contractor” on the web-site https://m-recruiting.com/ to provide information and consulting services (further – Services) to legal entities and/or capable individuals (further – the Customer) on the conditions listed below by providing services to acquire additional knowledge, skills and abilities in a certain field of activity by the Customer through the special activities, defined by the Customer at his own discretion for a fixed fee.
1.2. The acceptance of this offer means the full and unconditional acceptance of all conditions by the Customer without any exceptions and/or limitations and is equal to part 2 of Article 642 of the Civil Code of Ukraine (hereinafter “Civil Code of Ukraine”).
1.3. This Agreement (the Offer) is considered to be concluded (accepted) from the moment of the Customer filling the request for the service on the Executor’s web-site and receiving of the Customer’s money on the Executor’s account.
1.4. The Executor and the Customer provide mutual guarantees of their rights and legal capacity necessary for the conclusion and execution of the Agreement about Services rendering.
1.5 By accepting the Offer, the Customer confirms that these conditions are not prejudicial to his legal rights and interests. In connection with the above, please read carefully the text of this Offer and if you do not agree with any point of the Offer, the Contractor invites you to refuse to use the services.
2. DEFINITIONS AND TERMS
2.1 For the purposes of this Offer, the following terms are used in the following meaning:
Offer – this public contract for information and consulting services.
Site – the Internet site https://m-recruiting.com/ used by the Provider as an online platform.
Services – any services of the Contractor, the types and cost of which is defined on the Site, to provide services (seminars, trainings, webinars, etc.), or consulting services in another form. The form and need to provide related services are determined by the Contractor.
Offer acceptance – is a full and unconditional acceptance of the Offer by carrying out actions for 100% advance payment of the Services.
Executor – the site https://m-recruiting.com/ in the person of Pavlina Veronika or any other business entity that has the right to provide services to the Customer under the terms of this Offer.
The Customer – a person who accepts the Offer on the terms and conditions stated in it.
Services Agreement (hereinafter referred to as the “Agreement”) – an agreement between the Customer and the Contractor on providing the information and consulting services, which is concluded by means of acceptance of this Offer.
3. THE SUBJECT OF THE OFFER
3.1 The subject of the present offer is rendering of the information and consulting services to the Customer by the Provider in accordance with the terms of the Offer by providing consulting services online for a fee paid by the Customer to the Provider, or providing services to the Customer for a fee according to the current rates of the Provider.
3.3 The cost of each type of information and consulting services is set on the Executor’s website. This contract for the provision of services shall be considered concluded from the moment of receipt of money funds to the Executor’s account.
3.4 Payment under this contract shall be made in one of the ways offered to the Customer, including by pressing the “Pay” button, which include:
– payment by electronic means;
– Payment through payment terminals or Internet-banking;
– Payment to the Executor’s account through a bank or acquirer bank.
3.4. The Contractor has the right to change the prices, conditions of the Offer and additions to the Offer without preliminary coordination with the Customer, thus providing the publication of changed conditions on the Website, such changes come into force from the moment of their publication, if other term of coming into force is not additionally defined at their publication.
3.6 In case of any questions or for additional information the Customer can contact the Executor’s support service at: [email protected]
4. CUSTOMER REGISTRATION ON THE WEBSITE
4.1 Provision of information and consulting services to the Customer is possible if he creates an appropriate application on the Site. The application must contain the Customer’s last name, first name, e-mail address, phone number.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1 The Customer shall provide true information about himself while creating an application (registration) on the Site. The Customer shall be responsible for the authenticity of such information.
The Customer undertakes not to reproduce, repeat, copy, sell the information and materials, which have become available to him in connection with the provision of the Service, except for their personal use.
5.3 The Customer undertakes:
– Pay for the services provided in accordance with the Offer.
5.4 Customer has the right to:
To control and evaluate the quality of the Contractor’s services;
5.5 The Contractor undertakes to:
– Provide information and consulting services according to this Agreement, qualitatively and in the terms specified in the Offer.
5.6 The Contractor has the right:
– Independently carry out the selection of personnel to carry out the work;
– In the course of work, according to the contract, independently and on its own behalf to conclude contracts with other legal entities and individuals, necessary for execution of the terms of the contract.
5.7 If the Customer violates the conditions of the Agreement, the Contractor shall have the right to suspend the rendering of services until the Customer eliminates the violations and/or to terminate the Agreement with sending a corresponding notice to the Customer to the Customer’s e-mail address, indicated when sending the Application. In case of termination of the Agreement by the Contractor in accordance with this clause, the Contractor shall also be entitled to recover from the Customer a penalty in the amount of the difference between the amount of the advance payment paid by the Customer for provision of services and the cost of services actually provided by the Contractor to the moment of such termination.
6. LIABILITY OF THE PARTIES
6.1 The Contractor and the Customer, taking into account the nature of services rendered, undertake in case of disputes and disagreements, related to the provision of information and consulting services on Ukrainian Marketing Forum, to use pretrial procedure of dispute settlement. In case of failure to settle the dispute in pre-trial order, the parties have the right to appeal to the Ukrainian court.
7. FORCE MAJEURE
7.1 The obligations of the parties under this Offer are considered to be invalid in the event of force majeure circumstances independent of the parties (hereinafter – “force majeure”), namely: external impact on electronic devices, external unauthorized interference in electronic or digital network, the threat of war, armed conflict or a serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargo, foreign enemy actions, general military mobilization, military actions, on
7.2 Force majeure under this Offer are circumstances that occurred after the entry into force of this Offer. The occurrence of force majeure circumstances prolongs the terms of performance of obligations under this Offer for the duration of such circumstances and their consequences.
7.3 The Party, which cannot fulfill its obligations under this Offer due to force majeure, must notify the other Party within three calendar days of the occurrence of such circumstances. Upon termination of force majeure circumstances, the Party affected by such circumstances shall notify the other Party within three calendar days from the date of termination of such circumstances. Notice of the occurrence and termination of force majeure circumstances must be properly documented within a reasonable time. Proper confirmation is a document issued by an authorized body of state power or the Chamber of Commerce and Industry of Ukraine (CCI of the corresponding region) or other authorized person in the relevant field. In case of non-observance of the notification condition and its proper confirmation, the party that has violated this condition will not be able to refer to these circumstances and their consequences as a ground for exemption from liability for full or partial non-fulfillment of obligations. Circumstances that are common knowledge do not require confirmation.
7.4 If force majeure circumstances cease to exist, the Party that invoked them must immediately give notice to the other Party. Such notification must specify the period during which the obligations under this Offer are supposed to be fulfilled. Upon termination of the force majeure circumstances, the obligations under this Offer, the term of which is due, shall be subject to immediate execution.
7.5 Occurrence and effect of force majeure circumstances is not the basis for the Customer to refuse to pay for the Contractor’s services that were actually aimed at the execution of the Agreement (provided under this Offer before the start date of force majeure circumstances) – organizational fee.
8. OTHER PROVISIONS
8.1 The Customer guarantees that all conditions of the offer are clear to him and he accepts them unconditionally and in full, without any conditions, exceptions and reservations.
8.2. In case not regulated by this Agreement the Parties undertake to be guided by the norms established by the current legislation of Ukraine.
8.3 The legislation of Ukraine is applied to this Agreement.
8.4 The Parties give each other consent to the processing and storage of personal data, which become known to them in connection with the conclusion of this Agreement, to the extent that it is necessary in accordance with the requirements of the current legislation of Ukraine.
8.5 No waiver. Failure of the Contractor to exercise one or another right under the Agreement, the authority or intention provided by the Agreement, or to insist on strict observance of the terms and conditions of the Agreement by the Customer, shall not mean either a waiver by the Contractor of the terms and conditions of the Agreement in case of the following violation, or a waiver of its rights to demand compliance with the terms and conditions of the Agreement at any time thereafter.
8.6 The Contract is a complete agreement between the Contractor and the Client. The Contractor does not assume any conditions and obligations with regard to the subject of the Agreement, except for those specified in the offer and the confirmed Application, which govern the execution of the Agreement, unless such conditions or obligations are recorded in writing and signed by the Contractor and the Customer. In the event that any of the terms of the Appendices or the Application form contradict the terms of the Agreement of the Offer, the provisions of the Offer will prevail.
8.7. If any of the provisions of the Agreement is considered invalid or illegal, or cannot take effect in accordance with the current legislation, such a provision shall be separated from the Agreement and replaced by a new provision that meets the original intentions contained in the Agreement as much as possible, while other provisions of the Agreement (offer agreement) are not changed and remain in force.