1. General provisions
This document (hereinafter referred to as the ‘Offer’) is an official, public offer of the LIMITED LIABILITY COMPANY ‘KYIV SCHOOL OF STATE ADMINISTRATION NAMED AFTER SERHIY NYZHNYY’ (LLC ‘KSPA named after Serhiy Nyzhnyy’), EDRPOU code 44356215 (hereinafter referred to as the ‘Contractor’) to enter into an agreement (hereinafter referred to as the ‘Agreement’) on the terms and conditions specified below.
The offer to sign the Agreement is addressed to an unlimited number of individuals and legal entities (hereinafter referred to as the ‘Customer’). This Agreement and the provisions of the laws of Ukraine shall govern the relations between the parties.
Pursuant to Articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter – the ‘Civil Code’), in case of acceptance of the terms and conditions set forth below and payment for the services, the legal entity or individual who accepts this offer becomes the Customer (acceptance of the offer is deemed to be tantamount to entering into an agreement on the terms and conditions set forth in the offer).
In order to accept this Offer and enter into the Agreement, the Customer must make an acceptance, i.e. take actions to agree to enter into the Agreement on the terms and conditions set out in the Offer.
The Parties have agreed to unconditionally and unreservedly accept the terms of this Offer and undertake to strictly comply with them.
All terms and conditions of the Agreement provided for in this Offer shall be binding on the Parties. Each Party warrants to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to conclude and execute this Offer in accordance with its terms.
Public Offer – a public offer of the Contractor (posted on the Contractor’s website and addressed to an indefinite number of Customers, in accordance with Article 641 of the Civil Code of Ukraine (hereinafter – the ‘CCU’), to conclude an Agreement for the provision of educational services on certain terms.
Public Agreement means an agreement on educational services concluded between the Contractor and the Customer on the terms of the offer from the moment of the Customer’s acceptance of its terms.
Acceptance means full and absolute, unconditional acceptance by the Customer of the terms of the Offer of the Agreement by paying for the ordered Services and/or by performing registration actions on the website.
Customer – any person who has accepted the terms of this Agreement in their own interest or acts on behalf of and in the interests of a legal entity represented by such a person, and who uses the Contractor’s Services.
The Contractor is LLC ‘KSPA named after Serhiy Nyzhnyy’, legal address: 10 Dobrovolchykh batalioniv Str., Kyiv, 01015.
The Contractor’s website (hereinafter referred to as the ‘Website’) is the official website of the Contractor on the local network and the Internet at https://kspa.com.ua/, which is one of the main sources of information of the Contractor.
Educational or training services (Training Programmes) (hereinafter referred to as the ‘Services’) – a set of services (Training Programmes, Conferences, Courses, Trainings, Masterclasses, Lectures and/or other services in the formats of Events, Video, Online broadcasts, Webinars, Consultations, Audio, text information and others) offered and/or implemented to the Customer by the Contractor. The procedure and conditions for the provision of services by the Contractor to the Customers are determined by this Agreement and the terms and conditions specified on the page of the relevant Service (Product) of the Contractor on the website – https://kspa.com.ua/. Information on the cost of the Contractor’s Services is posted on the Contractor’s website and/or announced during the consultation on the Service.
Event is a Service (Training Programme, Conference, Course, Training, Masterclass, Lecture and/or others) where the Service is provided in the format of live events with a specifically defined, unilaterally determined Expert (speaker, teacher), venue, format, topic, programme, date and time period. The information is published on the Website – https://kspa.com.ua/.
Event Programme – detailed conditions for the provision of a particular Service, including, but not limited to, the following conditions: name, general information, subject, content and Curriculum, names of speakers, teachers, total duration, schedule, cost of the Service.
Video/Audio (Video/Audio Course, Video/Audio Lecture, Video/Audio Recording) is a Service provided by providing access to view the Content (viewing/listening to a video/audio recording of the Study Programme, Conference, Course, Training, Master Class, Lecture, etc.) with a topic, programme and period of access to the Content specifically determined unilaterally by the Contractor.
Consultations (personal or group consultations, corporate trainings, etc.) – a service provided through individual or group consultations on topics and on the terms previously agreed between the Customer and the Contractor.
Training Programme means the Customer’s participation in the Contractor’s Events, including, but not limited to, the Customer’s participation in educational programmes, events, courses, trainings, webinars, as well as personal and group (offline and online) events with the Contractor’s representatives, speakers, teachers at the Contractor’s discretion.
Advance payment means the payment of funds for the Service, which is made by the Customer after placing the Order and is a confirmation of the Customer’s full and unconditional consent to enter into this Agreement.
2. Subject of the agreement
2.1. Under the terms of this Agreement, the Contractor undertakes to provide the Customer with educational services within the framework of the programme of training courses, the list and description of which is indicated on the website https://kspa.com.ua/ (hereinafter referred to as the ‘Course’).
The current conditions, schedule, programme of training courses, address, cost and dates of the Events shall be published on the Website and/or sent to the Customer’s e-mail address or other means of communication no later than 3 working days before the start of the Services.
The Contractor shall have the right to change the schedule, programme, address, cost and date of the Events without the consent of the Customer, notifying the Customer in advance but not later than 24 hours before such change.
The Customer shall be deemed to have been duly notified if the notice is published on the Website and/or sent to the Customer’s e-mail address or other means of communication.
2.3. No claims for the effectiveness of the Customer’s use of the knowledge and skills acquired as a result of the Services may be made against the Contractor.
Responsibility for the use of such knowledge and skills, as well as for any results, direct or indirect, obtained as a result of the use of such knowledge and skills, shall be entirely and fully borne by the Customer.
3. Rights and obligations of the Contractor
3.1 The Contractor is obliged to:
3.1.1. Provide the Services to the Customer in accordance with the Event (Training Programme) chosen by the Customer, in the manner and within the time limits provided for by the Event Programmes published on the Website. The Contractor shall have the right to engage employees and/or subcontractors and/or attorneys and/or other authorised persons of the Contractor to provide the Services.
3.1.2. Provide the Customer with complete and accurate information about the terms and procedure for the provision of the Services by the Contractor.
3.1.3. At the request of the Customer, explain the content of this Agreement and any of its terms.
3.1.4. Not to disclose the Customer’s personal data (confidential information), as well as other information relating to the Customer’s personal data that has become known to the Contractor in connection with the performance of this Agreement.
3.1.5. If the Event provides for the provision of a certificate or other similar document of completion of training, the Contractor shall send to the Customer (or deliver personally) a certificate of completion of the Event to the Customer upon its completion and in case of completion of the Training Programme by the Customer in accordance with its requirements.
At the request of the Customer, the certificate may be sent additionally in electronic form.
3.1.6. Organise the Events (Training Programmes).
3.1.7. Strictly comply with the provisions of the Agreement provided for in this Offer.
3.1.8. If necessary, provide the Customer with the materials necessary for participation in the Event.
3.2.The Contractor has the right to:
3.2.1. Require the Customer to pay the cost of the selected Services in accordance with the terms of the Agreement and the conditions provided for in the Training Programme.
3.2.2. Require the Customer to comply with all provisions of the Agreement provided for in this Offer.
3.2.3. Not to allow the Customer to attend the event/training if the Customer’s appearance gives the Contractor reason to believe that the Customer is in a state of intoxication or under the influence of any narcotic substance or under the influence of medications, if this affects the Customer’s behaviour, reaction and consciousness, and if the circumstances listed in this clause of the Agreement are obvious to the Contractor.
3.2.4. Refuse to provide the Services or cancel the Agreement due to improper fulfilment by the Customer of its obligations under this Agreement, flagrant or systematic (more than 2 times) violation of the rules of conduct, or violation of public order by the Customer, damage to property during the Event.
In this case, the cost of the paid services shall not be refunded to the Customer and shall be a penalty for violation of the terms of this Agreement. The Customer additionally undertakes to compensate for the caused damage in its full amount.
3.2.5. At its sole discretion, refuse the Customer to enter into the Agreement or initiate the termination of the Services.
3.2.6. Process (collect) the Customer’s personal data during the conclusion and performance of the Agreement on the basis of the Customer’s consent upon acceptance of the Public Offer. By accepting the terms of this offer and in accordance with the Law of Ukraine ‘On Personal Data Protection’, the Customer agrees to the processing of his personal data provided under this Agreement in order to fulfil the terms of the Agreement, exercise the rights and obligations of the Parties, as well as to comply with the requirements of the current legislation of Ukraine. The Customer confirms that it is aware of its rights under the Law of Ukraine ‘On Personal Data Protection’ and agrees to transfer its personal data to third parties, if necessary for the purpose of this Agreement. Such consent shall be valid for the entire term of the Agreement and three years after its completion or until the consent is withdrawn by written notice to the other Party.
3.2.7. Refuse to serve the Customer in case of return of the Prepayment in the manner and under the conditions stipulated by the Agreement.
3.2.8. Involve third parties in the provision of the Services to the Customer, without agreeing such actions with the Customer.
3.2.9. The Contractor reserves the right to change the terms of this Offer, the cost of payment for services unilaterally at any time without prior notice to the Customer by publishing these changes on the website, not later than 3 working days from the date of their introduction (acceptance).
The changes shall enter into force from the moment the new text is published on the website, unless another (later) date of entry into force of the changes is specified by the Contractor.
The Contractor recommends that the Customer regularly check the terms of this Offer for changes and/or additions. Continued use of the Site by the Customer after the Contractor has made changes and/or additions to the Offer means unconditional and full acceptance and consent of the Customer with such changes and additions.
3.2.10. Take photos and videos of the Contractor’s participation in the Event. By accepting the terms and conditions of this Offer, the Customer agrees to make photo and video recordings of his/her participation in the Events and further use of the created video and photo materials by the Contractor in its activities without limitation of terms, methods, purposes or compensation to the Customer, in particular, but not limited to, publishing any materials and reviews created by the Customers in the process of passing the Events (Training Programmes) (in social networks, the Internet and other open sources), without any restrictions or compensation to the Customer. The Customer shall not have any claims or demands (material, moral or other) to the Contractor regarding the photo and video recording and use of materials created on their basis.
3.2.11. Send messages to the Customer’s e-mail containing organisational, technical, advertising or other information about the capabilities of the Website, Events, Training Programmes, etc.
3.2.12. The Contractor shall have the right to advise the Customer during the registration/confirmation/payment for the Services, including contacting the Customer independently at the email address/phone number specified by the Customer during registration on the Website.
3.2.13. During the provision of the Services, the Contractor and/or the person conducting the Event shall have the right to check the completed tasks, which allow the Contractor to check and make sure that the Customer has assimilated the information received during the Events.
4. Rights and obligations of the Customer
4.1 The Customer is obliged to:
4.1.1. To make timely and full payment for the provided Service in favour of the Contractor, in the manner and on the terms specified on the website and this Agreement.
4.1.2. Strictly comply with the provisions of this Offer.
4.1.3. Treat the equipment, training materials, additional inventory and other property located in the Contractor’s premises with care and care.
4.1.4. Observe discipline during lectures, master classes, do not ignore the comments of the organizers and speakers, do not interfere with other participants in the process of receiving information during the training, refrain from taking any actions that may violate the rights and legitimate interests of the Contractor, employees and representatives of the Contractor and/or other participants of the Training Programmes, other events organised by the Contractor, damage the business reputation of the Contractor, employees and representatives of the Contractor and/or other participants of the Training Programmes and any other events
4.1.5. Provide the Contractor with accurate information about himself/herself.
4.1.6. Notify the Contractor in advance (no later than 3 days before the start of the Service selected by the Customer) of the inability to attend the Event/training.
4.1.7. Adhere to the schedule/schedule of the Events, perform practical, independent and homework assignments, use the received training and methodological materials solely for personal purposes, and not transfer the received training and methodological materials to third parties. Not to miss Training Events/programmes without valid reasons.
4.1.8. Immediately inform the Contractor’s representative of all incidents, emergencies, accidents that occurred at the Contractor’s premises during the provision of the Services.
4.2. The Customer has the right to:
4.2.1. Independently choose the Services (Training Programmes) that interest him/her.
4.2.2. Receive the Contractor’s Services in the manner, terms and conditions stipulated by this Agreement.
Receive from the Contractor complete and accurate information about the terms and conditions of the Services.
4.2.3. Receive explanations from the Contractor about the content of this Agreement and any of its terms.
4.2.4. Demand proper treatment and respect from the Contractor and its representatives.
4.2.5. Order additional Services (Training Programmes) subject to an additional fee.
4.2.6. Require the Contractor to comply with all provisions of the Agreement provided for in this Offer.
4.2.7. Receive any information regarding the Contractor’s activities that is not considered confidential by the Contractor.
4.2.8. The Customer shall have the right to withdraw from the Agreement or initiate its termination by notifying the Contractor in writing not later than 3 days before the start of the Event.
In case of withdrawal from the Agreement or initiation of its withdrawal in violation of the 3-day notice period, the Contractor shall not be obliged to refund the Customer the paid funds.
The Customer understands and agrees that less than 3 days before the start of the Event and after the start of the Event, the Contractor will not be able to include/admit new/other persons to the Event, but at the same time, before and after the start of the Event, the Contractor has already incurred and is bearing the costs of organising the Event (Training Programme) and providing services, taking into account the Customer’s participation in the Event. The amount paid by the Customer in this case will be payment for the actual cost of services as of the date of termination of the Agreement.
The Contractor has the right, with the consent of the Customer, but is not obliged to return part of the funds to the Customer or credit them against payment for the next Events or other Services ordered or to be ordered by the Customer.
4.2.9. Upon successful completion of the Event (Training Programme), receive a certificate or other similar document of completion, if the Event provides for their issue and the Customer has completed the Training Programme in accordance with its requirements.
5. Terms and conditions of service provision
5.1. The cost of the Services under this Offer/Agreement shall be determined in accordance with the cost of each specific Event (Training Programme) as of the date of its order, and shall be published on the Website and/or sent to the Customer’s e-mail address or other means of communication.
5.2. The Services, information about which is posted on the Contractor’s Website, are provided to the Customer on condition of 100% prepayment or partial prepayment, depending on each specific Event (Training Programme), by transferring funds to the Contractor’s current account. The cost of additional paid services shall be determined by the Contractor at its sole discretion and published on the website – https://kspa.com.ua/.
5.3. Payments for services are made by bank transfer to the Contractor’s account or through online payment systems used by the Contractor.
5.4. The services shall be deemed paid by the Customer from the date of crediting the funds to the Contractor’s account. Payment for the Contractor’s services may also be made using the Customer’s payment card through the Contractor’s website.
Payment by bank transfer can be made
– through the cash desk of a branch of any bank, or from the current account of a legal entity;
– using a bank card on the website https://kspa.com.ua/. When making payment for services on the website, the Customer will be offered to choose a payment method; after confirming the order, the Customer will be redirected to the page of the bank’s secure payment system, where it will be necessary to confirm the payment.
5.5. The Services paid for but not used within the established time limits shall be deemed provided, and their cost shall not be refunded. In case of cancellation of participation in the Event (Training Programme) less than 3 days before the start of the services, the prepayment is not refundable.
5.6. The cost of services under the Agreement may be changed by the Contractor unilaterally by publishing it on the Website. In this case, the Services paid by the Customer shall be provided at the cost in force at the time of such payment.
5.7. The Customer shall be solely responsible for the correctness of payments made by him/her.
6. The term of the Agreement
6.1. The Offer is valid indefinitely. This Agreement shall come into force from the moment of acceptance of this Offer by the Customer, on the terms and conditions provided for in this Agreement and shall be valid until the Parties fully comply with their obligations (including the reimbursement of all losses and payment of penalties) under this Agreement or until its termination.
6.2. The Agreement shall apply to the Customers using the Services.
7. Responsibility of the parties
7.1. In case of non-fulfilment or improper fulfilment of the obligations provided for in this Agreement, the Parties shall be deemed liable in accordance with the current legislation of Ukraine and this Agreement. The Customer understands and accepts the terms and conditions according to which violation of the terms of this Agreement may lead to its unilateral termination by the Contractor with the subsequent termination of the provision of services to the Customer.
7.2. All disputes that may arise under or regarding this Agreement shall be resolved by the Parties through negotiations. If the Parties do not reach an agreement in the course of negotiations, the dispute shall be resolved in court in accordance with the current legislation of Ukraine.
7.3. The losses caused to the Customer by non-performance or inadequate performance of this Agreement shall be reimbursed by the Contractor, in case of his fault, in its full amount.
7.4. The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement if such non-performance or improper performance occurred as a result of the occurrence and/or effect of force majeure circumstances, the occurrence of which the Parties could not have foreseen at the date of conclusion of this Agreement and could not have prevented by means available to them.
7.5. The Parties confirm that this Agreement has been concluded and the terms of this Agreement have been deliberately agreed upon during the period of martial law in Ukraine introduced by the Decree of the President of Ukraine No. 64/2022 dated 24.02.2022 ‘On the introduction of martial law’ (as amended), which was caused by the military aggression of the Russian Federation against the state of Ukraine. Therefore, the circumstance of martial law in Ukraine, which already exists as of the date of signing this Agreement, shall not be considered a force majeure circumstance in the interpretation of the rights and obligations arising from the Parties in connection with the conclusion and performance of this Agreement.
7.6. Neither Party shall be obligated for non-performance or improper performance of its obligations under this Agreement if such non-performance or improper performance is caused by force majeure circumstances arising after the conclusion of the Agreement.
8. Sanctions clause
8.1. The Parties confirm that they, their trustees, employees, volunteers, founders, subcontractors, agents or other representatives involved in any activity have never been and are not affiliated with any political party serving the interests of the Russian Federation. The Parties confirm that they have not been and are not affiliated with any individuals or legal entities of the Russian Federation included in the list of persons subject to restrictive measures (sanctions) of Ukraine, the United States of America, the European Union, the United Kingdom.
9. Contractor’s account information
LIMITED LIABILITY COMPANY
‘KYIV SCHOOL OF PUBLIC ADMINISTRATION NAMED AFTER SERHIY NYZHNYY’
(LLC ‘KSPA named after Serhiy Nyzhnyy’)
EDRPOU code 44356215
Single tax payer. Not a VAT payer
BANK ACCOUNT DETAILS:
Р/р UA733052990000026001036802984
Bank: JSC CB ‘PRIVATBANK’
Registration address: 10 Dobrovolchykh batalioniv Str., Kyiv, 01015, Ukraine
+380 (44) 334 70 43
info@kspa.com.ua