1. Terms and general provisions.
1.1. Services — a set of consulting services provided by the Contractor in the manner and on the terms defined by this Agreement and Course Programs, which are an integral part of this Agreement.
1.2. Public offer — the Contractor's proposal (set out on the Contractor's Website), addressed to an unlimited circle of individuals in accordance with the legislation of Ukraine, to conclude this Agreement on certain terms.
1.3. Contractor's Website — a web page on the Internet at https://only-student.com, which is the official source of informing Users about the Contractor and the services provided by them.
1.4. Acceptance — the full, unconditional and unreserved acceptance by the User of the terms of the Public offer of this Agreement and the Program of the corresponding Course.
1.5. User — an individual who has reached the age of 18 and made an Acceptance of the Public offer of the Contractor, set out in this Agreement, and paid the cost of the Services.
1.6. Parties — Contractor and User.
1.7. Course — expressed in the form of a lecture (master class, training) or an audiovisual work (webinar or online training), a complex of consulting services aimed at transferring information to the Client on a given topic for the purpose of providing him with the opportunity to form a certain idea of the subject under consideration, as well as the development of certain skills in the investigated field of activity.
1.8. Course Program — detailed conditions for the provision of a specific Service, including, but not limited to, the following conditions:
1.8.1. Name, subject and content of the Course, names of trainers;
1.8.2. Number of hours and/or schedule (timing) of the Course;
1.8.3. Cost of the Course.
1.8.4. Payment procedure, etc.
1.9. Reproduction (downloading) – such a form of User access to the Course, in which a copy of the Course is created in electronic (digital) form with preservation in the memory of the User's Devices or without such.
1.10. Device — means an electronic computer (EC) and/or other device functioning on the principle of an EC, capable of processing and reproducing sound and image, both stationary and portable (including, but not limited to: mobile phones, smartphones, PDAs, etc.), which has the possibility of access to the global Internet.
2. Subject of the agreement.
2.1. The Contractor undertakes to provide the User with consulting services in the field of information technology, namely the organization of the User's passage of the Course of study (training) or master class (hereinafter — “Course”) on a paid basis, in accordance with the terms of this Agreement, and the User undertakes to accept and pay for such Services.
2.2. The User undertakes to pay the Contractor the cost of the Course purchased by them.
2.3. The Parties agreed that the detailed content (names of topics, format, number of academic hours or schedule of classes, etc.) of the Training Course (training) is agreed by the Parties in the Training Course Program (training), which is posted on the Contractor's Website.
2.4. The Parties agree that the Contractor does not guarantee any financial or other results of the User's use of the Courses purchased from the Contractor in their activities.
2.5. No claims regarding the effectiveness of the use by the User of the knowledge and skills obtained as a result of listening/viewing the Courses can be presented to the Contractor. Responsibility for the use of these knowledge and skills, as well as for any results, direct or side effects obtained as a result of the use of these knowledge and skills, lies entirely and fully on the User.
3. Conditions for the provision of services.
3.1. Consulting services are provided in the form of a lecture (master class or training) or in the form of remote reproduction of the Course on the User's Device (recording or live broadcast), in accordance with the curriculum and schedule (timing) of classes developed by the Contractor and contained in the Course Program posted in the relevant section of the Contractor's Website.
3.2. The term (schedule) of training is determined in accordance with the Course Program.
3.3. Acceptance of this Agreement is recognized as the Client's payment, full or partial, of the cost of the corresponding Course and means full and unconditional acceptance by the User of the terms of this Agreement and is equated to the User's handwritten signature under the Agreement.
3.4. From the moment the funds are credited to the Contractor's account, this offer is considered accepted, and the agreement concluded.
3.5. Acceptance procedure:
3.5.1. The User selects a Course on the Contractor's website and familiarizes himself with the payment terms.
3.5.2. After selecting the necessary Course(s), the User completes an application for consultation or immediately goes to the cart and makes a payment.
3.5.3. If the Course is provided in a remote format (webinar, online training), then before the start of such a Course, the User receives a link to access this Course, which will be sent to the email address specified by the User when purchasing the Course.
3.5.5. From the moment of acceptance of this Offer, the User's unilateral refusal of the Agreement is inadmissible.
3.5.6. The Service is considered provided from the moment the Contractor provides all information and fulfills the entire program provided for in the relevant Course Program.
4. Rights and obligations of the Contractor:
4.1. The Contractor has the right:
4.1.1. Receive from the User information necessary for the provision of services under this Agreement;
4.1.2. Receive payment for the services provided in the amounts and terms provided for by this Agreement and the corresponding Course Program.
4.1.3. Cancel, interrupt or postpone any Courses, change their materials, the value and weight of any task, test or exam.
4.1.4. Publish any materials and reviews created by the User in the process of passing the Course, without any restrictions or compensation from the User.
4.2. The Contractor undertakes:
4.2.1. Provide the User with consulting services in the volume in accordance with this Agreement and the corresponding Course Program.
4.2.2. Inform the User about the rules and requirements for organizing the provision of consulting services, their quality and content, about the rights and obligations of the User when receiving services.
4.2.3. Develop a curriculum, organize classes;
4.2.4. If necessary, provide the User with educational and methodological materials and literature.
4.2.5. Issue an electronic certificate of completion of the Training Course, which will be stored on the Contractor's website for 60 (sixty) calendar days after the end of the Course. The User has the right to print such a certificate independently.
5. Rights and obligations of the User.
5.1. The User has the right:
5.1.1. Receive Services of proper quality in accordance with the Course Program.
5.1.2. Provided that the training course is successfully completed, receive a Certificate of its completion.
5.2. The User undertakes:
5.2.1. Study conscientiously according to the program, attend theoretical and practical classes, not miss them without good reason.
5.2.2. Perform homework as part of the Course, in accordance with the instructions of the Contractor and/or their representatives, and within the time limits specified by them.
5.2.3. Timely pay for the Services in the amounts and within the time limits established by this Agreement and the Course Program.
5.2.4. Comply with the requirements of the legislation of Ukraine and the requirements of the Agreement on the organization of the provision of Services.
5.2.5. Refrain during the passage of the Course from actions that:
5.2.5.1. may prevent other Users, invited persons or lecturers from participating in the Course and receiving information during the Course.
5.2.5.2. may lead to damage to the property of other users, invited persons, lecturers or the Contractor, owners or users of the premises in which the Course is held.
5.2.5.3. violate public order, including offending those present, expressed in the use of obscene language and/or loud conversations, creating noise with the help of devices, etc.
5.2.5.4. humiliate the honor, dignity, business reputation of the Contractor, other users, invited persons or lecturers, including by posting information on the Internet, printed publications, mailings or in another way that is public in nature.
5.2.5.5. manifest themselves in the use of audio or video equipment for the purpose of copying Course materials or without such.
5.2.6. If it is provided for by the Course Program — pass the final internal test (exam).
Cost of services and payment procedure.
6.1. The total cost of services provided to the User under this Agreement is the total amount of the Courses paid by the User.
6.2. The cost of a specific Course is determined by the Contractor in the Course Program, which is posted on the Contractor's Website or is reported by the manager of the Contractor's company to the client personally.
6.3. The cost of the Services provided for by this Agreement is paid by the User in non-cash form, by transfer to the Contractor's current account or by payment on the website.
6.4. The Contractor has the right not to return funds paid by the User for training if the User has listened to more than one session of the Course and refused the Services.
6.5. In case of early termination of the Agreement at the initiative of the Contractor — the Contractor returns funds only for those sessions of the Course that were not conducted by the Contractor. Conducted sessions of the Course in this case are not compensated.
6.6. If the User refuses to study before the start of the Course, the Contractor returns the paid advance in full. In case of payment of the entire amount — 100% of the cost of the Agreement, funds are returned to the User in the amount of 90% of the paid funds.
6.7. The amount of payment is established for the entire period of passing the Course and cannot be changed.
7. Liability of the Parties.
7.1. For non-fulfillment or improper fulfillment of obligations under this agreement, the parties are liable in accordance with the current legislation of Ukraine.
7.2. THE CONTRACTOR'S SERVICES AND ALL RELATED MATERIALS ARE PROVIDED "AS IS", WITHOUT EXPRESS OR IMPLIED WARRANTIES. THE CONTRACTOR DOES NOT PROVIDE ANY WARRANTIES, INCLUDING COMMERCIAL SUITABILITY, SUITABILITY FOR CERTAIN PURPOSES AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, AS WELL AS WARRANTIES ARISING FROM BUSINESS RELATIONSHIPS OR CUSTOMS OF BUSINESS TURNOVER. IN ADDITION, THE CONTRACTOR DISCLAIMS LIABILITY RELATED TO THE USER'S ACCESS TO SERVICES AND RELATED MATERIALS, AS WELL AS THEIR USE. THE USER AGREES THAT THEY ACCESS SERVICES AND RELATED MATERIALS AND USE THEM AT THEIR OWN RISK.
7.3. To the maximum extent permitted by the legislation of Ukraine, the Contractor is not liable for indirect, incidental, actual, consequential or direct losses, directly or indirectly lost profit or non-receipt of income, loss of data, operational qualities, goodwill or other intangible values related to a) the User's access to Services and their use or the impossibility of such access or use; b) with materials or behavior, including disgracing, offensive or illegal, of any third party; or c) with unauthorized access, use or modification of the User's materials or information. In no case can the amount of total liability for all claims regarding services exceed the greater of the following two sums: twenty us dollars ($20 US) or the total amount received from the User for using paid services during the last six months.
7.4. The User agrees that the disclaimer of warranties and limitation of liability set out in these terms reflect a reasonable and fair distribution of risks, and are also a necessary condition for the provision of services by the Contractor for an affordable fee.
7.5. The User agrees that any claim related to the Services must be submitted to the court within the limitation period of one (1) year after the grounds for it arise, otherwise such grounds are considered invalid.
7.6. The User agrees that in case of non-compliance by the User with clause 5.2.3 of this Agreement regarding the obligation to make payment in a timely manner, the Contractor has the right not only to suspend the provision of services and access to the Course until the moment of payment, but also to terminate this Agreement on the basis of clause 9.1.3 of this Agreement.
7.7. In case of violation by the User of clause 12.1 of this Agreement and the use of course materials not for personal purposes, distribution of Course materials in any way and regardless of the circle of persons, the Contractor has the right to terminate this Agreement unilaterally, block the user's access to the Course and/or the site, without returning the funds paid by the User for the Course.
8. Force majeure.
8.1. The Parties are released from liability for non-fulfillment of obligations if this non-fulfillment is caused by circumstances that do not depend on the will of the Parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of authorities or administration, etc., which makes it impossible to fulfill the terms of this Agreement (hereinafter Force Majeure).
8.2. Force Majeure applies, and the Party for which it occurred is released from liability for violation of the terms of this Agreement, if there is a written confirmation (conclusion, certificate) of the Chamber of Commerce and Industry of Ukraine about the occurrence of force majeure.
8.3. The Party for which Force Majeure occurred undertakes to immediately notify the other Party and provide documents confirming the Force Majeure.
8.4. From the moment of receipt of such notification by the other party, the fulfillment of the terms of this Agreement is suspended for the entire period of the Force Majeure.
8.5. In case of Force Majeure circumstances lasting more than 3 months, each of the parties has the right to initiate the termination of the Agreement.
9. Termination of the Agreement.
9.1. The validity of this Agreement is terminated:
9.1.1. By agreement of the parties;
9.1.2. If the fulfillment by the Party of its obligations under the Agreement is impossible in connection with the adoption of normative legal acts that changed the conditions established by this Agreement, and either Party does not agree to make changes to the Agreement.
9.1.3. In cases of violation by the User of the conditions provided for in clauses 5.2.3, 5.2.4, 5.2.5, 12.1 of this Agreement.
9.1.4. In other cases provided for by this Agreement and the current legislation of Ukraine.
9.2. The validity of the agreement is suspended in case of refusal of the entire group from passing the Course, together with which the User passes this Course.
10. Processing of personal data.
10.1. The User confirms that they voluntarily and free of charge provide consent to the processing of their personal data (including surname, first name and patronymic, registered place of residence and/or actual place of residence, identification number, data on state registration; bank details, telephone numbers and email addresses, etc.) in the database of personal data of the Contractor “Clients”, including for collection, registration, inclusion in the database, accumulation, storage, adaptation, change, update, use, distribution (dissemination, transfer), depersonalization, destruction of personal data in the database on the territory of Ukraine for the purpose of fulfilling obligations under this agreement and for the purpose of ensuring the implementation of tax relations, economic relations, civil law relations and relations in the field of accounting. The User gives consent to the transfer of their personal data to third parties in the minimum necessary volumes and only for the purpose of fulfilling obligations under this Agreement, which correspond to the objective reason for collecting the relevant data.
10.2. The User confirms that they were informed about their rights defined by the Law of Ukraine "On the Protection of Personal Data" of June 1, 2010 No. 2297-VI, with amendments and additions, the purpose of processing and collecting personal data.
11. Term of the Offer.
11.1. This Public Offer enters into force from the moment it is posted on the Contractor's Website and is valid until it is withdrawn by the Contractor.
11.2. The Contractor has the right at any time to make changes to the terms of the Offer and/or withdraw the Offer at any moment at its discretion. In case of changes by the Contractor in the Offer, such changes enter into force from the moment the changed text of the Offer is posted on the Contractor's Website, unless another term for the entry into force of the changes is determined directly in the text of the changed Offer.
12. Intellectual property.
12.1. The Contractor provides the User with a limited, personal, non-exclusive, non-transferable and revocable license to use the Services and any materials or information obtained during the Course or on the Website. Materials and any information provided within the Services or on the Website, the User can use only for personal non-commercial use, except for cases when the User has received the written permission of the Contractor for their use for other purposes.
12.2. The User agrees to create and use only one account and not to transfer to third parties access or accounting data for access to it.
12.3. The use of Services does not give the User the right of material or intellectual property to the used Services or materials.
12.4. Together with the materials created in the process of passing the Course, the User provides the Contractor with a fully transferable, free of charge, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, publicly distribute and reproduce the User's materials, as well as to create derivative works and use for other purposes.
12.5. The license specified in clause 12.4 of this Agreement gives the Contractor the right to provide the User's materials to other Users who will subsequently purchase the Contractor's Services. This condition does not limit other legal rights of the Contractor to the User's materials, for example under other licenses. The Contractor has the right to delete or change the User's materials for any reason, including if, in the Contractor's view, they do not comply with the Agreement.
13. Final provisions.
13.1. The Parties have established that any disputes and claims will be resolved by the parties through negotiations.
13.2. The Parties realize that the Services are provided by the Contractor, who is registered and operates under the legislation of Ukraine, whose place of residence is also registered in Ukraine.
13.3. Taking into account clause 12.2 of this Agreement, the Parties agreed to consider the place of residence of the Contractor specified in article 14 of this Agreement as the place of conclusion of this transaction and the place of provision of Services.
13.4. By accepting this Offer, the User agrees that all disputes related to this Agreement will be considered in accordance with the legislation of Ukraine without taking into account the norms of conflict of laws. The User also agrees that all such disputes are within the exclusive competence of the courts of Ukraine.
13.5. The headings used in the articles and clauses of this Offer are used only for reference and convenience of using the text. These headings cannot be considered as determining, limiting or changing, or affecting the meaning and sense of the terms of this Offer or any part of it.
13.6. If any of the provisions of this Offer is found to be invalid, the validity of its remaining provisions is not lost from this.
13.7. In all cases not provided for by this Offer, the Parties are guided by the current legislation of Ukraine.