on the provision of sports services according to the program
Individual entrepreneur Kokhno Vasil Anatoliyovich, who acts on the basis of an entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations under No. 2010350000000296178 dated 12/06/2023, TIN 3617311350 — hereinafter the Executor, on the one hand, and the client, hereinafter — The customer, on the other hand, agreed on the following.
1. SUBJECT OF THE AGREEMENT
1.1 The Contractor undertakes to provide the Customer with services according to the sports program posted on the website at the address https://shmondenkovladimir.com
, and the Customer undertakes to accept and pay for the services in the amount and on the terms established by this Agreement and to comply with all conditions.
1.2. The customer is a natural or legal person who receives services from the Contractor on the terms stipulated in the Agreement.
1.3. The contract is an electronic contract within the meaning of Article 3 of the Law of Ukraine "On Electronic Commerce", concluded using available information and telecommunication systems and cannot be declared invalid due to its execution in electronic form
1.4. The Contractor's public offer is set out in the terms of this Agreement.
1.5. By concluding the Agreement, the Customer confirms:
1.5.1. full and comprehensive familiarization with the Public Offer set forth in the terms of this Agreement;
1.5.2. his unconditional and unconditional acceptance of the Public Offer set forth in the terms of this Agreement;
1.5.3. complete understanding of the content of their obligations under the Agreement and the legal consequences of its conclusion.
1.6. The confirmation of the conclusion of the Agreement is a receipt, check, payment order, other settlement or cash document (in electronic and/or paper form) certifying the fact of payment for the services that are the subject of the Agreement, in accordance with the requirements of the legislation of Ukraine, unless otherwise agreed by the Parties.
1.7. The Agreement is an offer (public offer) to an unlimited number of individuals and legal entities to enter into an Agreement with the Executor by fully and unconditionally accepting the terms of this Agreement.
2. PROCEDURE FOR PROVIDING SERVICES
2.1. By the service under this Agreement, the parties understand the provision by the Contractor for the Customer of access to the sports program for self-execution.
2.2. The customer places an order independently on the website through the "Basket" form.
2.3. When placing an order on the website, the Customer undertakes to provide the following mandatory information required by the Contractor for the order:
2.3.1. last name, first name of the Customer;
2.3.2. e-mail address, which will be used to access the personal account;
2.3.3. contact phone
2.4. The term of access to the program is 6 months from the moment of payment.
2.5. The customer undertakes not to transfer information about the program of sports activities or access to the personal account to other persons
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The performer undertakes:
3.1.1. Provide the Customer with services in accordance with this Agreement.
3.1.2. To ensure the proper quality of the provided services in accordance with the terms of this Agreement.
3.1.3 Ensure protection of personal data received from the Customer.
3.2. The executor has the right to:
3.2.1. Independently set the price of services and other terms of their provision by posting relevant information on the Contractor's website.
3.2.2. Make changes to the Agreement by posting them on the Contractor's website without special notice to the Customer.
3.2.3. Store and process personal data obtained in the process of providing services in accordance with the requirements of the current legislation of Ukraine.
3.3. The customer undertakes:
3.1.1. Pay for the Services to the Contractor in the manner and on the terms established by this Agreement.
3.1.2. Get familiar with the terms of the Agreement posted on the Contractor's website.
3.1.3. Provide reliable and complete information necessary for the conclusion and execution of the Agreement.
3.1.2. Do not copy or distribute the received information without the written consent of the Contractor.
3.4. The customer has the right to:
3.4.1. Independently decide where and when to use program information.
4. COST OF SERVICES AND PROCEDURE OF CALCULATIONS
4.1. The price of the Contractor's services is indicated on the Contractor's website.
4.2. The Contractor has the right to unilaterally change the price of any service by noting the new price of the service on the Contractor's website.
4.3. The Contractor may not change the price of the service paid by the Customer.
4.4. The price of services includes taxes and fees (other mandatory payments), which are payable by the Contractor in connection with the fulfillment of the terms of the Agreement in accordance with the requirements of the current legislation of Ukraine.
5. TERMS. RESPONSIBILITY.
5.1. This Agreement enters into force from the moment of purchase (payment of the cost) by the Customer.
5.2. The Parties are responsible for breach of the Agreement in accordance with the provisions of the current legislation of Ukraine and the terms of this Agreement.
5.3. A breach of the Agreement is its non-performance or improper performance, that is, performance in violation of the conditions defined by the content of this Agreement.
5.4. The Contractor is not responsible for improper performance or non-performance of the terms of this Agreement in the event that the Customer has not provided the information necessary for the provision of services, or in the event of incomplete information or provision of contradictory and/or inaccurate information.
5.5. The customer is responsible for the reliability and completeness of the information provided during registration. In the event that the Customer did not specify or incorrectly specified information about himself, the Contractor is not responsible for the Customer's losses incurred as a result of the refusal to refund payment, provide services, and/or perform other actions due to the impossibility of correct identification of the Customer.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The executor owns exclusive rights to intellectual property objects created during the execution of the Agreement.
6.2. Exclusive right to use the object of intellectual property.
6.3. The exclusive right to allow the use of the object of intellectual property.
6.4. The exclusive right to prevent the illegal use of the object of intellectual property, including the right to prohibit such use.
6.5. Other intellectual property rights that exist today or will appear in the future.
6.6. Objects of intellectual property for the purposes of this Agreement are, in particular, but not exclusively, the Contractor's website, information posted on the Contractor's website, including texts, infographics, presentations, images, audiovisual works, etc., working and advertising materials, commercial messages, software, logos used or created by the Contractor in the process of fulfilling the terms of the Agreement.
6.7. The Executor's exclusive rights to intellectual property objects created in the process of performing the Agreement extend to the finished object of intellectual property, as well as to materials obtained in the process of its creation, to audio and video recordings, regardless of language and forms of expression, including data compilations and software.
6.8. Granting the right to use intellectual property objects to the Customer, the Contractor does not transfer to the Customer exclusive intellectual property rights to such objects and does not grant permission to use them for the purposes of carrying out activities identical or related to the activities of the Contractor.
6.9. The use of intellectual property objects by third parties is allowed only with the permission of the Contractor, except for cases provided for by the legislation of Ukraine.
7. Procedure for returning funds to the Customer
Funds paid by the Customer are subject to return under the following conditions:
- within 14 days after payment, if the use of the service has not been started - the funds are returned in full;
- The customer sends an e-mail with a request to return the funds and attaches the payment receipt, which he received to his e-mail after payment, to the address of the Contractor Shmondenkopr@gmail.com;
- the e-mail is sent from the address specified by the Customer when ordering the program;
- the refund is made to the account of the Customer from which the payment for the program was made;
8. ADDRESS AND DETAILS OF THE PERFORMER
Kokhno Vasil Anatoliyovich,
Ukraine, 19831, Cherkasy region, Zolotonisky district, Privitne village, Drabivska TG, Molodizhna street, building 66
UA413052990000026003001609370 Bank JSC CB "PrivatBank"
phone: +380(66) 716-1083,
Is a single tax payer.