PUBLIC CONTRACT (OFFER) for training within the course

This document (hereinafter referred to as the “Offer”) is an official, public offer of the UKRAINE SIGMUND FREUD UNIVERSITY LIMITED LIABILITY COMPANY, EDRPOU code 44837254, which operates on the basis of the Charter, represented by its Head Tetiana Volodymyrivna Pysarenko, (hereinafter referred to as the “University”), (hereinafter referred to as the “Contractor”) to conclude an agreement (hereinafter referred to as the “Agreement”) in accordance with Articles 633 and 641 of the Civil Code of Ukraine on the terms and conditions specified below.

The details of the direct service provider (party to the contract) are recorded in the invoice, electronic invoice or check.

The proposal to sign the Agreement is addressed to an unlimited number of individuals and legal entities (hereinafter referred to as the “Customer”) and is the same for all. Legal entities may act as Payers by paying for the services provided to certain individuals under this Agreement.

The relations between the parties shall be governed by this Agreement and the provisions of the current legislation of Ukraine.

1. SUBJECT OF THE CONTRACT

1.1. Under the terms of this Agreement, the Executor undertakes to provide the Customer with information services within the framework of the training course programs, the list and description of which are specified on the website https://usfu.edu.ua/ (hereinafter referred to as the “Course”), and the Customer undertakes to accept and pay for the ordered services.

2. PROCEDURE FOR ACCEPTANCE OF THE OFFER

2.1. Providing the text of this Offer to the Customer, as well as publishing the text of the Offer on the website https://usfu.edu.ua/, constitutes an invitation by the Executor to conclude this Agreement under the specified conditions.

2.2. This Agreement is concluded under the terms of a contract of adhesion (Article 634 of the Civil Code of Ukraine) and is considered concluded from the moment of acceptance of the public offer. The Offer may be accepted by any individual or legal entity interested in receiving the services provided by the Executor under the terms of this Agreement.

2.3. By accepting the public offer to conclude such an Agreement, any individual or legal entity interested in receiving the services provided by the Executor confirms that they fully accept its terms.

2.4. Any individual or legal entity interested in receiving the services provided by the Executor accepts the Offer by performing conclusive actions, such as completing an application to join the course and paying for the selected course under the terms specified in this Agreement. A written form of this Agreement, in accordance with the Law of Ukraine “On Electronic Commerce,” may additionally be sent via email.

2.5. Acceptance of this Offer means that the Customer fully accepts all the terms contained in the Offer as a whole (i.e., in full and without exceptions).

2.6. The Customer confirms that prior to entering into this Agreement, they were fully and properly acquainted with all its provisions and accepted them of their own free will without any coercion. Confirmation of familiarity with the terms of the Agreement and their acceptance is also the act of placing a symbol in the special field under the words “I have read and agree to the terms of the Privacy Policy and the Agreement (Offer).”

3. TERMS OF SERVICE

3.1. The description and list of services provided, the program, and the timing of the Courses, training, as well as other conditions, are published on the website https://usfu.edu.ua/.

3.2. The services constituting the subject of this Agreement are provided by the Executor after the Customer pays the service fee in the manner established by clause 4.6 of this Agreement, by conducting the training:

3.2.1. in real-time mode, using the Zoom service or a similar platform, or

3.2.2. in offline mode (in-person), through seminars or sessions (hereinafter referred to as “sessions”).

3.3. The time of the sessions is communicated to the Customer additionally via an email notification sent to the Customer’s address indicated in the course application, as well as through created groups and chats.

3.4. The duration of the services is determined by the training conditions and specified on the website https://usfu.edu.ua/.

3.5. The services under this Agreement are considered provided by the Executor:

– for online classes in real time – at the moment of sending a hyperlink to the platform for classes that will take place online to the Customer’s email address (regardless of whether the Customer participated in it);

– for offline classes – a notification to the Customer’s e-mail address or phone number about the time, place and date of the class (regardless of whether the Customer participated in it);

– regarding the provision of access to records, training and online information materials (video, text, etc.) – from the moment the Contractor realizes the technical possibility of access to records or materials (regardless of whether the Customer has used them).

3.6. All claims from the Customer regarding the provision of services under this Agreement are accepted by the Executor in written form within 2 (two) days from the moment the services are provided. The Executor reviews the Customer’s claim within 7 (seven) days from the date of receipt. Claims received by the Executor after the specified period will not be considered.

If the Contractor has not received a claim within the period specified in the first paragraph of this clause, it shall be deemed that the services have been provided by the Contractor properly, in full, without comments and signing of the act of acceptance of the services provided. Acceptance certificates for the services rendered may be signed at the request of the Contractor.

3.7. The place of conclusion of the Agreement, as well as the place of service provision, is Kyiv.

3.8. Upon completion of the Course, the participant is issued a Certificate of Course Completion, based on the University’s template.

4. PAYMENT METHOD

4.1. The price is determined and applied according to the Course chosen by the Customer, as specified on the website https://usfu.edu.ua/, promotional materials, or announcements on the Executor’s social media.

4.2. Payments for services are made by transferring funds to the Executor’s account or through online payment systems used by the Executor.

4.3. Payments for services are made in hryvnias.

4.4. Funds paid in accordance with the terms of this Offer are non-refundable.

4.5. The Executor reserves the right to apply individual discounts to certain categories of Customers. The terms of discounts for the Course are communicated to the User through promotional materials, the Executor’s social media, or email. Discounts are not provided after the purchase of the Course.

4.6. The Customer undertakes to pay the full cost of the services before the start of the training Course.

In some cases, the tuition fee may be paid in two equal installments – before and in the middle of the Course. Such terms and conditions of payment shall be determined by the Parties by concluding an additional agreement signed by the Parties (authorized representatives), which shall enter into force from the date of the first payment for the services by the Customer.

4.7. Services are considered paid at the moment the funds are credited to the Executor’s bank account. The Executor informs the Customer about the receipt of the payment.

5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

5.1. The Customer has the right to personally participate in the sessions, as well as in the created groups and chats.

5.2. The Customer has the right to receive and use educational and informational materials provided within the framework of the training.

5.3. The Customer is obligated to accept the training conditions published on the website, adhere to the training program, attend sessions, and complete practical assignments provided by the Executor.

If the Customer fails to attend classes in the mode of offline sessions (in person) for a valid reason (illness, business trip, etc.), he/she is provided with access to such classes in real time, using the Zoom service or other similar service or recording of the relevant online class.

5.4. All rights to the website and informational materials belong to the Executor. Intellectual property rights to the training and informational materials used in the Course, including but not limited to images, videos, logos, graphics, and sounds, belong to the Executor. The informational materials or their parts obtained by the Customer as a result of services provided under this Agreement are subject to the following restrictions: their use is limited by the Customer’s obligation not to reproduce, duplicate, copy, sell, or transfer them, as well as not to use the materials for any other purposes or grant access to the obtained materials to third parties. Quoting the materials by the Customer is allowed only with attribution to the source and the Executor as the rights holder.

5.5. The Customer has the right to request information about payments made and the status of settlements at any time.

5.6. The Customer is obligated to treat the Executor’s material assets, business reputation, invited persons (instructors, lecturers, experts, etc.), and other Customers (participants) of the chosen Course with care.

5.7. Photo, video, and audio recording of the Course sessions by the Customer is allowed only with the consent of the Executor.

5.8. By entering into this Agreement under the terms of this Offer, the Customer grants the Executor the right to:

a) collect, store and process, and destroy the Customer’s personal data;

b) send notifications to the Customer, send e-mail and SMS;

c) inform the Customer about new products, services and services provided by the Contractor.

d) to place in the University’s repository the final papers of the Customers who are students of the Course (except in cases of a written refusal to do so by the Customer, executed in any form).

5.9. The Customer is obligated to provide complete and accurate information necessary for their identification.

6. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

6.1. The Executor is obligated to provide services under the terms of this Offer with quality and in full.

6.2. The Executor independently determines the program and schedule of the sessions, their content, and publishes this information on the project’s website at https://usfu.com.ua. Upon the Customer’s request, this information can be sent to the Customer via email.

6.3. The Executor has the right to suspend access to informational materials and services or deny the Customer participation in sessions, groups, and chats in case of a violation of the terms of this Offer by the Customer.

6.4. The Executor reserves the right to supplement, move, modify, or delete informational materials posted on the website https://usfu.com.ua at any time.

In the event of material changes to the terms and conditions of the Training Course, such changes shall take effect from the moment the amended terms and conditions of participation are posted on the website (unless the effective date of the changes is additionally specified) (except as provided for in the third paragraph of this clause).

Significant changes to the terms of the Training Course that apply to the Customers who have accepted the terms of this Offer and receive services under the terms of this Agreement shall be made only by mutual agreement of the parties hereto, by making the necessary changes in accordance with the procedure established by the second paragraph of clause 10.2 of this Agreement.

7. RESPONSIBILITY OF THE PARTIES

7.1. In case of a breach of obligations or the provision of inaccurate information during the conclusion or execution of the Agreement, the parties bear responsibility as established by applicable law.

7.2. The Executor is not responsible for:

– inability to provide services for reasons beyond its control, including force majeure,

– disruption of communication lines, malfunction of equipment and software not owned by the Contractor;

– breach of security of equipment and software used by the Customer to receive services;

– loss of confidential information or part of it, if the Contractor is not at fault;

– any losses of third parties that have arisen through no fault of the Contractor.

7.3. The Customer is responsible for:

– use by third parties of credentials used to access the Services;

– use of materials posted on the website or provided in the course of providing the Services for the purpose of their further resale, distribution or transfer to third parties;

– violation of the terms of service;

– violation of the terms of payment.

7.4. Limitations of the Executor’s liability:

– the Contractor’s aggregate liability for any claim or demand shall be limited to the amount of the purchased service under this Agreement;

– in case of violation by the Contractor of the terms of service provision, the Contractor’s liability shall be limited solely to the extension of the terms of service provision or provision of services within the new terms until the obligations under this Agreement are fully fulfilled.

7.5. In the event that the Customer transfers educational and informational materials to third parties without the written consent of the Executor, or if it is discovered that the Customer has used the materials obtained during training for commercial purposes (such as conducting similar activities), the Customer bears the following responsibilities:

– The Customer may be excluded from participation in the classes, and the Agreement may be terminated by the Contractor unilaterally, without refund of the participation fee (in this case, the difference between the cost of the services actually received and the amount of the prepayment made shall be withheld by the Contractor as compensation for the damage caused by such violation);

– The Customer shall indemnify the Contractor for all direct and indirect losses caused by such violation;

– The Customer shall be liable for the infringement of the Contractor’s copyright and property rights established by the current legislation of Ukraine.

7.6. The parties are released from liability for failure to fulfill obligations if such failure is caused by force majeure circumstances (circumstances of insurmountable force) beyond the parties’ control, which make the fulfillment of the terms of this Agreement impossible.

Force majeure (force majeure) shall mean circumstances that have arisen during the term of this Agreement, the list of which is specified in part two of Article 14-1 of the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine”.

A party that is faced with conditions under which it is impossible to fulfill its obligations under the agreement due to force majeure shall notify the other party in writing of the occurrence of such circumstances without delay, but not later than ten (10) days from the date of their occurrence.

The notification shall contain information on the occurrence and nature of the circumstances and their possible consequences. The notification shall be accompanied by a Certificate of Force Majeure (force majeure) issued in accordance with the procedure established by part one of Article 14-1 of the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine”.

From the moment of receipt of such notice (with an attachment) by the other party to the Agreement, the fulfillment of the terms of this Agreement shall be suspended for the entire period of Force Majeure (force majeure).

8. TERM OF THE CONTRACT

8.1. The Agreement comes into effect from the moment the Customer pays for a specific Course (except in cases provided for in the second paragraph of clause 4.6) and remains valid until the Parties fully fulfill their obligations.

In the case provided for in the second paragraph of clause 4.6 of this Agreement, the Agreement shall enter into force upon payment of the first installment of the tuition fee.

The Agreement may be terminated early in cases expressly provided for in the Offer and applicable law.

8.2. The Executor has the right to unilaterally terminate this Agreement and cease providing services in the event of:

– failure of the Customer to fulfill its obligations under this Agreement, including in case of violation of the payment terms provided for herein;

– violation by the Customer of the Contractor’s internal regulations;

– failure of the Customer to appear for the services provided for in this Agreement;

– violation of moral and ethical standards by the Customer during the provision of services under this Agreement;

– refusal of the Customer to receive services.

In case of termination of the Agreement under the above circumstances, the payments made by the Customer under this Agreement shall not be refunded.

9. DISPUTES AND THE PROCEDURE FOR THEIR RESOLUTION

9.1. All disputes arising during the performance of this Agreement shall be resolved by the parties through negotiations. If the disputes cannot be resolved through negotiations, they shall be settled in accordance with the requirements of the applicable legislation of Ukraine.

10. OTHER TERMS AND CONDITIONS

10.1. The offer to conclude the Agreement (Offer) becomes effective from the moment it is published on the Executor’s website and remains valid until it is withdrawn by the Executor.

10.2. The Executor reserves the right to make changes to the terms of the Offer and withdraw it at any time at their discretion. The occurrence of these circumstances does not constitute grounds for the Executor to refuse to provide the services paid for by the Customer.

Amendments to the terms of the Offer relating to the Customers who have already accepted the terms of this Offer and receive services under the terms of this Agreement shall be made solely by mutual agreement of the Parties hereto, by making the necessary changes that will be effective after they are signed by the authorized representatives of the Parties and shall be deemed accepted by the Customer from the moment of the first payment for services made after the change of such terms. Amendments to such Agreement shall be made by entering into an additional agreement, unless otherwise provided by the Agreement. In any case, the prepaid scope of services cannot be changed downward. All annexes, amendments and supplements to this Agreement shall constitute its integral part.

10.3. If any clause of the Agreement becomes invalid, the other provisions remain in effect according to the procedure and conditions established by legislation and this Agreement.

10.4. By entering into the Agreement under the terms of this Offer, the Customer consents to the processing of their personal data by the Executor, including but not limited to the following actions: collection, systematization, accumulation, storage, clarification (updating, modification), and use for the purpose of providing informational services and processing payments. These actions may be performed using automated means.

10.5. The Executor has the right to transfer the Customer’s personal data, as well as confidential information, to their employees and third parties involved by the Executor to provide services under the Agreement, exclusively for the purpose of organizing service delivery while ensuring the proper safeguarding of confidential information and personal data.

10.6. Upon termination of the Agreement, the Parties shall ensure the proper safeguarding of confidential information and trade secrets that became known during the fulfillment of contractual obligations, as well as other information, for the period prescribed by law.

10.7. If a potential course participant is a minor, the Customer of the service can only be the legal representative of such a person. In this case, upon joining the Agreement, the legal representative acquires the status of Customer, and the minor acquires the status of User.

CONTRACTOR’S REQUIREMENTS
Ukraine Sigmund Freud University LLC
EDRPOU 44837254
16B Andriy Verkhoglyad, Kyiv – legal address
7 Klovskyi Uzviz, Kyiv – actual addresso
ffice@usfu.com.ua
+38 (068) 088 1 088
Head of the Center: Pysarenko Tatyana Volodymyrivna
CUSTOMER DETAILS
are specified in the Application for joining the course