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10$

Vice-rector

20$

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50$

Minister of Education

100$

OFFER AGREEMENT

(PUBLIC OFFER AGREEMENT)

on services providing

This Agreement, in which one party is an individual entrepreneur Ryzhanovska Nataliia Serhiivna, registered in the State Register of Legal Entities and Individual Entrepreneurs, by № 24150000000096416 from 04 January 2019, and has the status of the single taxpayer, group 3 (further – the Contractor), on the one hand, and any person who has accepted this offer of the Contractor (further – The Customer), on the other hand, hereinafter together – the Parties, each separately – the Party, entered into this public Agreement (further – The Agreement), which is the official public offer of the Contractor, addressed to an unlimited number of persons to enter into the Agreement with any Customer on the provision of consulting services in the field of informatization of educational projects. When ordering and paying for the Services of the Contractor, the Customers accept the terms of this Agreement as follows:

GENERAL ISSUES

1.1. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer for concluding the Agreement in full, without signing a written copy of the Agreement by the Parties.

1.2. The contract has legal force in accordance with Paragraphs 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.

1.3. The Customer confirms the fact of acquaintance and consent to all the terms of this Agreement in full by acceptance.

1.4. Any of the following actions is considered acceptance of this public offer agreement:

– the fact of registration of the Customer on the Contractor’s Website and subscription for the relevant package at the Contractor’s website https://itcluster.lviv.ua/.

– payment for the Contractor’s Services on the terms and in the manner specified in this Agreement and on the relevant pages of the Contractor’s Website https://itcluster.lviv.ua/.

1.5. By concluding this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for Services and all annexes that are integral parts of the Agreement.

1.6. If the Customer does not agree with the terms of the Agreement, he/she has no right to act as specified in Paragraph 1.4 of this Agreement and is not entitled to use the Services under this Agreement.

TERMS AND DEFINITIONS

«Public offer agreement» – a public agreement, which is posted on the Website https://itcluster.lviv.ua/.

«Acceptance» – full and unconditional consent given by the Customer to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties.

«Services» – Service or Several services in the field of informatization (namely providing consulting services according to the relevant package aimed at informatization of educational projects) provided by the Contractor and specified by the Contractor in the relevant section of the Contractor’s Website https://itcluster.lviv.ua/.

«Customer» – any legal individual, legal entity, an individual entrepreneur who has visited the Website https://itcluster.lviv.ua/ and accepted this Agreement.

«Contractor» – a legal entity, an individual entrepreneur providing services in the field of informatization, the reference details of whom are specified in Paragraph 12 of this Agreement.

«Package» – the option of subscription using the appropriate payment service of the Contractor for receiving of the services specified at the Website https://itcluster.lviv.ua/.

SUBJECT OF THE AGREEMENT

3.1. The Contractor undertakes on the terms and in the manner specified in this Agreement to provide the Customer with the informatization Services (namely providing consulting services according to the appropriate package aimed at informatization of educational projects) and the Customer undertakes to accept and pay for the ordered Services on the terms and in the manner specified in this Agreement.

3.2. The Customer and the Contractor confirm that this Agreement is not a fictitious or putative deal effected under the influence of pressure or fraud.

3.3. The Contractor confirms that he has the right to carry out activities in the field of informatization in accordance with the requirements of the current legislation of Ukraine.

RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR

4.1. The Contractor is obliged to:

– comply with the terms of this Agreement;

– provide the Customer with appropriate quality Services;

– fully and objectively inform the Customer about the Services and the terms of their provision at the Website https://itcluster.lviv.ua/.

4.2 The Contractor has the right to:

– unilaterally suspend the provision of services under this Agreement in case of breach by the Customer of the terms of this Agreement;

– other rights in accordance with this Agreement and the current legislation of Ukraine.

RIGHTS AND RESPONSIBILITIES OF THE CUSTOMER

5.1. The Customer is obliged to:

– timely pay and receive Services under the terms of this Agreement;

– read the full details and terms of Services, which are available on the Contractor’s website;

5.2. Customer has the right to:

– subscribe for the package of Services listed on the relevant page of the Website https://itcluster.lviv.ua/;

– require the Contractor to provide the Services in accordance with the terms of this Agreement;

– other rights in accordance with the current legislation of Ukraine and this Agreement.

ORDERING PROCEDURE

6.1. The Customer makes a subscription on the relevant page of the Website https://itcluster.lviv.ua/ by adding the package into the virtual basket, pressing the button “Subscribe” and making payment through the appropriate payment system.

AGREEMENT PRICE AND PAYMENT ISSUES

7.1. The price of each separate Service is determined by the Contractor and indicated on the relevant page of the Website https://itcluster.lviv.ua/. The Price of the Agreement (the value of the package) is determined by adding the prices of all Services chosen by the Customer.

7.2. The Customer pays for the Contractor’s Services on the basis of this Agreement in the National Currency of Ukraine – UAH. The Parties agree that the equivalent cost of the Services, determined on the relevant page of the Website https://itcluster.lviv.ua/ in US dollars, is paid by the Customer in UAH in accordance with the official UAH exchange rate to the US dollar exchange rate set by the National Bank of Ukraine on the day of issuance of the relevant invoice by the Contractor (or at the rate determined by the relevant payment system).

7.3. Payment is made by making a payment using the appropriate payment systems, which are listed on the Website of the Contractor.

7.4. The moment of payment for the Services is considered to be the time of crediting funds to the current account of the Contractor.

7.5. The Customer pays the cost of third-party services independently and at its own expense if it is necessary to receive the Contractor’s Services under this Agreement (for example, Internet access and others).

PROCEDURE FOR RECEIVING SERVICES. PROCEDURE OF ACCEPTANCE-TRANSFER OF THE SERVICES PROVIDED

8.1 The rules for the provision and receipt of Services are indicated on the corresponding page of the Website https://itcluster.lviv.ua/ are annexes (integral parts) of this Agreement. All issues arising in the process of paying for and receiving the Services, the Customer can find out from the Contractor using the contact information specified in section 12 of this Agreement.

8.2. The fact of receipt of the Services by the Customer is confirmed by the Customer’s payment for the package of the Contractor.

RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES

9.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.

9.2. All disputes arising out of or in connection with this Agreement shall be settled by negotiation between the Parties.

9.3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction of such dispute in accordance with the current legislation in Ukraine.

9.4. The Contractor shall not be liable for any failure to provide or improper provision of Services to the Customer in the event of any circumstances that arose through no fault of the Contractor (namely – the occurrence of circumstances caused by the fault or negligence of the Customer and/or circumstances that arose due to the fault or negligence of any third party (any third parties) and/or the occurrence of force majeure).

FORCE MAJOR CIRCUMSTANCES

10.1 The Parties shall not be liable for non-fulfillment or improper fulfillment of their obligations under this Agreement occurred due to the force majeure circumstances.

10.2. Force majeure in this Agreement means any circumstances that arose against the will or against the will or desire of the Parties and which cannot be foreseen or avoided, including: hostilities, civil disorders, epidemics, blockade, earthquakes, floods, fires, as well as decisions or instructions of the state authorities and administration of the state of which the Customer is a resident, or of the state of which the Contractor is a resident, as a result of which the Parties (or one of the Parties) are subject to additional obligations or restrictions and which make it impossible for the further full or partial fulfillment of the Agreement, as well as other actions or events that exist beyond the will of the Parties.

10.3. If force majeure lasts more than 3 (three) months in a row, each Party will have the right to refuse further performance of obligations under this Agreement and, in this case, neither Party will be entitled to compensation by the other Party for potential losses.

OTHER ISSUES

11.1. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to conclude and execute this Agreement in accordance with its terms.

11.2. A unilateral change in the terms of the concluded Agreement by the Customer or refusal to comply with the terms of the concluded Agreement by the Customer is unacceptable, except for the cases provided for in this Agreement. Neither of the Parties of this Agreement shall have the right to transfer their rights and obligations to third parties without the consent of the other Party.

11.3. The Contractor confirms that he has the status of the single taxpayer (group 3) at the rate provided by the Tax Code of Ukraine.

11.4. The information provided by the Customer is confidential. The Customer information is used exclusively for the fulfillment of his Order.

11.5. By accepting the Agreement, the Customer voluntarily consents to the collection and processing of its own personal data for the following purposes: the data that become known will be used for commercial purposes, including obtaining information about orders and processing it, sending telecommunications (e-mail, mobile) advertising and special offers, information about promotions or any other information about the activities of the Website https://itcluster.lviv.ua/. In case of unwillingness to receive the newsletter from the Website https://itcluster.lviv.ua/, the Customer has the right to contact the Contractor, writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address of the Contractor.

11.6. The Contractor is not responsible for the content and veracity of the information provided by the Customer when placing an order. The Customer is responsible for the accuracy of the information specified in the order.

11.7. The Customer has the right to use Services of the Contractor exclusively for his personal activity with no right of alienation or transferring it to the third parties.

11.8. The Parties undertake to keep confidential information obtained as a result of this Agreement implementation, except in cases where it is authorized in writing by the other Party or required by public authorities in accordance with current legislation. The guilty Party shall be liable for the disclosure of confidential information in accordance with current legislation.

11.9. The Agreement is public and termless and is valid until its termination by one of the Parties according to the procedure prescribed by this Agreement or current legislation, but in any case until its final implementation by the Parties. The Parties have agreed that the term of this Agreement may not be less than 3 (three) calendar months. This Agreement is considered to be agreed by the Customer and concluded at the Contractor’s residency from the date of acceptance.

11.10. The Contractor independently and in compliance with the requirements of the current legislation of Ukraine, determines the provisions of this Agreement and its annexes, which are its integral parts. The Contractor has the right to change and/or supplement the provisions of this public Agreement and its annexes, including the rules for providing and receiving Services under this Agreement. In this case, the Contractor guarantees and confirms that the current version of the text of this Agreement and its annexes, including the rules for providing and receiving Services under this Agreement, posted on the Contractor’s Website, is valid.