PUBLIC CONTRACT
for the provision of information-consultation and educational paid services
Edition from 25.06.2024
The document, the provisions of which are set out below, is a public offer and a public contract. According to Articles 633, 641 of the Civil Code of Ukraine, the terms of this contract are the same for all customers, and unconditional acceptance of these terms is considered acceptance of this offer. A person who has accepted this public offer becomes the Customer.
According to Part 2 of Article 642 of the Civil Code of Ukraine, the submission of an application on the Contractor’s websites on the Internet, the payment for the Contractor’s services (both full and partial), filling out any questionnaires (forms) and/or performing other conclusive actions is the acceptance of this offer, which is equivalent to entering into a public contract for the provision of information-consultation and educational paid services (hereinafter referred to as the “Contract”) on the terms set out below.
This public contract (public offer) is addressed to all individuals and legal entities wishing to use the services of the Contractor in the form of an online course under the conditional name “EASY START IN INVESTMENTS” and have the technical ability to receive such services.
This Contract, concluded by accepting this public offer, is also governed by the norms of civil legislation of Ukraine on adhesion contracts, as the terms defined by the Contractor in this offer can be accepted by the Customer only by joining the proposed Contract as a whole. By accepting this public offer, the Customer confirms that they are fully familiar with and agree to the terms of both this offer and the Contract as a whole.
In terms of providing access to materials, as well as in terms of checking tasks provided for self-study, information-consultation and/or educational paid services, providing access to a Telegram channel, Telegram chat and/or internet platform, conducting online broadcasts (online meetings), the norms of a subscription contract apply, i.e., services are subject to payment upon provision by the Contractor, regardless of the Customer’s use of such services.
Sole Proprietor Maryna Volodymyrivna Sovenko, hereinafter referred to as the “Contractor,” on the one hand, offers individuals who have reached the age of 18, or legal entities, represented by an authorized representative (hereinafter referred to as the “Customer”), to receive services provided for in this Contract.
1. DEFINITIONS OF BASIC TERMS
1.1. Authorized user – a user of the website/payment system who has completed the authorization (login) process to perform certain operations, including payment and/or receipt of already paid services defined by this Contract.
1.2. Acceptance – the Customer’s full, unconditional, and unreserved consent to enter into this Contract in full, without the signature of a written copy of the Contract by the Parties.
1.3. Customer – any individual who has reached the age of 18, or a legal entity wishing to use the services of the Contractor, and also has the technical ability to receive such services.
1.4. Course – an event or series of events during which the Contractor provides the Customer with information-consultation and/or educational paid services according to the Contractor’s methodologies.
1.5. Personal data – information or a set of information about an individual who is identified or can be specifically identified.
1.6. Platform – a link to an artificial intelligence – BOT, channel or separate chat (depending on the Tariff chosen by the Customer and the specifics of the Services) in the multipurpose messenger Telegram, to which the Customer gains access after paying for the Contractor’s services and where the Course materials are placed.
1.7. Services – one or more information-consultation and/or educational paid services provided by the Contractor and specified by the latter in the relevant section of the Contractor’s website at the link: https://darinasovenko.com.
1.8. Public contract – a contract in which one party has undertaken to provide services to everyone who applies to it.
1.9. Materials – online lectures, consultations, speeches, images, audio recordings, videos, presentations, and/or other materials (text, graphic, etc.) containing information, consultation, and/or educational content and which are placed on the Platform where the training takes place.
1.10. Offer – the Contractor’s proposal posted on the Internet at the link: https://darinasovenko.com and addressed to an unlimited number of individuals or legal entities to join the Public contract for the provision of information-consultation and educational paid services.
1.11. Website – the website located on the Internet at the address: https://darinasovenko.com, including all its web pages.
1.12. Tariff (service price) – a payment, the amount of which is set by the Contractor for providing a certain volume of Services to the Customer with access to the Course Materials.Other terms used in the Contract and not defined in this section are defined according to the norms of current legislation of Ukraine, as well as the norms of international law usually applied to such types of contracts and legal relations, and will be interpreted according to generally accepted concepts in their understanding.
2. SUBJECT OF THE CONTRACT AND GENERAL PROVISIONS
2.1. Based on and under the conditions defined in this Contract, the Contractor provides the Customer with Services with access to the Course Materials placed on the Contractor’s Platform, aimed at the Customer acquiring additional knowledge, skills, and competencies in a certain area of professional, social, and/or personal life, and the Customer accepts these Services and pays for them according to the chosen Tariff and the terms of this Contract.
2.2. Services are provided on a paid basis by providing access to the Course Materials placed on the Platform. The Contractor provides Services (including access to the Course Materials) only after the Customer makes full payment to the Contractor’s current account.
2.3. The list of Services provided by the Contractor, as well as other necessary information, is indicated on the Contractor’s Website.
2.4. All terms and conditions for providing Services are posted in the relevant section on the Contractor’s Website.
2.5. The duration of the conditions of this Contract is unlimited. Either Party may terminate it according to the procedure provided by this Contract.
2.6. All changes and additions to this Contract are published on the Contractor’s Website.
2.7. All conditions of this Contract are binding on both the Customer and the Contractor. Before starting to use the Services, the Customer must familiarize themselves with the terms of this Contract. If the Customer does not agree with the terms of this Contract, they do not have the right to use the Contractor’s Services.
2.8. The Contractor has the right to change the terms of this Offer and the Contract unilaterally at any time without prior notification or agreement of such changes with the Customer, ensuring the publication of the changed terms and/or a link to the new edition of the Contract. For Customers who have accepted this Offer before the publication of the new terms, the Contract is considered concluded in the new edition.
2.9. In case of the Customer’s disagreement with the changes made by the Contractor to this Contract or with the new Tariffs for Services, the Customer undertakes to stop using the Services.
2.10. Any of the following actions is considered an acceptance of this Contract
:2.10.1. The fact of the Customer submitting an application or filling out any questionnaires (forms) to receive Services on the Contractor’s Website
.2.10.2. Payment for the Contractor’s Services under the conditions and in the manner defined by this Contract and on the relevant pages of the Website and/or based on the issued invoice.
2.10.3. Written (including in electronic form via email) notification of the Customer about the acceptance of the terms of this Contract to the email address. The provisions of this subparagraph are valid only in case of technical problems on the Contractor’s Website and the inability to make payment and/or submit an application or fill out the relevant questionnaire (form).
2.11. This Contract, any appendices to it, as well as the terms of service provision posted on the Contractor’s Website constitute a single official document published on the Website and/or the Contractor’s Platform.
2.12. The Customer acknowledges that the purpose of concluding the Contract is to provide the Customer with information about investing, capital accumulation, as well as advice on selecting, analyzing, and purchasing securities. The Customer also fully understands and agrees that the purpose of concluding this Contract is not related to the realization of personal and family needs in the understanding of the Law of Ukraine “On Consumer Rights Protection.”
2.13. The Contractor’s services are not educational activities according to the Law of Ukraine “On Education.” Participation in the Course is not accompanied by final certification and/or issuance of educational documents according to state educational standards valid both in Ukraine and abroad.
3. PROCEDURE FOR CONCLUDING THE CONTRACT
3.1. The Contract is considered concluded without further signing from the moment the Customer submits an application for access to the Course Materials, or the Customer fills out any questionnaires (forms) on the Contractor’s Website and/or makes payment to the Contractor’s current account, indicating consent to comply with the terms of the Contract, without signing a written copy by the Parties.
3.2. The actions specified in paragraph 3.1 of the Contract performed by the Customer confirm the full and unconditional acceptance of this public offer and this Contract by the latter.
3.3. The Contract concluded by the Customer through the acceptance of the public offer has legal force according to Article 642 of the Civil Code of Ukraine and is equivalent to a written contract.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor must:
4.1.1. In case of impossibility to fulfill its obligations under the terms of this Contract, promptly notify the Customer of this and take appropriate actions to eliminate obstacles to the fulfillment of obligations under this Contract.
4.1.2. Provide information to the Customer about the Services and the terms of their provision on the Website or the Platform, as well as publish all information related to changes: location, time, duration of Services, structure and content of Materials, and other terms of providing Services, including changes in banking details.
4.1.3. Provide the Customer with methodological and other informational materials when such materials are provided and are an integral part of the provided Services.
4.1.4. Ensure the Customer’s access to the Materials according to the paid Tariff.
4.1.5. Make efforts to provide original, informative, and unique Materials.
4.2. The Contractor has the right to:
4.2.1. Involve third parties in the performance of its obligations under the Contract, remaining responsible to the Customer for the results of their work as for its own.
4.2.2. Receive payment from the Customer for its Services according to the terms of the Contract.
4.2.3. Refuse to start providing Services, deny access to Course Materials, and/or refuse to provide Services (or terminate their provision) without explanation in case of the Customer’s violation of the requirements stipulated by this Contract (including violations of obligations defined in paragraph 4.3 of the Contract or payment deadlines for Services), as well as in other cases provided by the current legislation of Ukraine.
4.2.4. Change and supplement this Contract, appendices to it, and/or the terms of service provision, including the Course program, without prior agreement and without re-concluding this Contract with the Customer, ensuring the publication of changes and additions on the Website and/or the Platform.
4.2.5. Inform the Customer about promotions and other news by sending messages on the Platform and/or emails to the email address specified by the Customer when filling out the questionnaire (form) or other application on the Contractor’s Website.
4.2.6. Provide the Customer with practical tasks for self-study to master the information and Materials of the Course.
4.2.7. Exercise other rights according to the current legislation of Ukraine and the terms of this Contract.
4.3. The Customer must:
4.3.1. Timely and fully settle accounts with the Contractor for the Services according to the terms of the Contract.
4.3.2. Use the Services according to the rules published on the Website and the Contractor’s Platform, as well as according to the terms of the Contract.
4.3.3. Monitor changes and/or updates of information published on the Website and the Contractor’s Platform
.4.3.4. When receiving Services, comply with the regulations, order, and requirements established by the Contractor.
4.3.5. Complete all tasks provided by the Contractor for self-study.
4.3.6. Use the Materials provided by the Contractor under this Contract exclusively for personal purposes, not providing access to them to third parties under any circumstances.
4.3.7. Refrain from behavior that undermines the honor, dignity, business reputation of the Contractor and/or third parties involved by the Contractor to provide Services under this Contract, as well as from disseminating such information. Dissemination of information that undermines the honor, dignity, business reputation of the Contractor and/or third parties involved by the Contractor means publishing it in the press, on the Internet, broadcasting it on radio, television, using other media, including social networks, stating it in characteristics, statements, letters addressed to other persons, messages in public speeches, as well as in other forms to an indefinite number of persons or at least one person. Dissemination of information also includes posting (displaying) in public places posters, slogans, other works, as well as distributing leaflets among people that, by their content or form, defame the honor, dignity, or business reputation of the Contractor as a citizen or entrepreneur.
4.3.8. Not violate discipline during the Course, as well as refrain from slander, insults, libel, accusations against the Contractor and/or third parties involved in providing Services. The Customer undertakes to use the Services according to the Contractor’s rules and the terms of this Contract, unconditionally and without reservation, to adhere to ethical norms and rules of behavior when receiving Services: to observe discipline and generally accepted norms of behavior, in particular, to show respect for the Contractor’s representatives, the Contractor, and other Customers, not to infringe on their honor and dignity; not to show aggressive behavior (including passive aggression) during the provision of Services, not to interfere with the Contractor’s representative/Contractor or other Customers during the provision/receipt of Services; not to use information obtained from the Contractor in ways that may cause or cause harm to the Contractor’s interests; refrain from slander, insults, not to use obscene language, not to use expressions in communication that may offend the Contractor, its representatives, or other Customers, including in the Contractor’s group chats in messengers; not to spread advertisements and not to offer services of third-party resources, their services, or services of third parties among other Customers and the Contractor’s staff without prior written consent from the Contractor, including in the Contractor’s group chats in messengers.
4.3.9. Not disclose to third parties information about other Customers received during the provision of Services, as well as about the methods of providing Services and any other confidential information.
4.3.10. Provide all necessary information for the Contractor to fulfill its obligations under the Contract, including access to Personal data.
4.4. The Customer has the right to:
4.4.1. Demand from the Contractor the provision of quality Services on time and according to the terms of this Contract.
4.4.2. Receive necessary and reliable information about the Contractor’s Services and the procedure for their provision.
4.4.3. Place an order for Services specified on the relevant page of the Website.
4.4.4. In case of disagreement with the terms of this offer and the Contract, refuse to receive Services.
4.4.5. Exercise other rights according to the current legislation of Ukraine and the terms of this Contract.
5. COST OF SERVICES, PROCEDURE, AND CONDITIONS OF SETTLEMENTS
5.1. The Customer pays for the Services at the Tariff set by the Contractor and posted in the relevant payment section on the Contractor’s Website. The Contractor reserves the right to change the established Tariffs in case of changing market conditions or other significant circumstances and/or to add new Tariffs.
5.2. Payment for the Services is made by the Customer by full prepayment to the Contractor’s current account in the manner chosen by the Contractor at its discretion.
5.3. The Customer pays for the Contractor’s services under the Contract by non-cash transfer of funds to the Contractor’s current account using the WayForPay payment system (https://wayforpay.com/) and/or any other payment system or generally in any other way determined at the Contractor’s discretion.
5.4. In case of non-fulfillment of full payment, the Services and access to the Course Materials are not provided, as a result of which this Contract is considered invalid.
5.5. The date of proper fulfillment by the Customer of obligations in terms of payment for the Services (payment date) is considered the date of crediting funds to the Contractor’s current account in full, according to the Tariff chosen by the Customer.
5.6. In case of non-use (or impossibility of use) by the Customer of the paid Services of the Contractor, such Services are not provided again, are not reimbursed in monetary terms, and are not resold to third parties.
6. PROCEDURE AND CONDITIONS OF SERVICE PROVISION
6.1. The provision of Services begins from the moment of their full payment by the Customer and receiving confirmation in the manner chosen by them when placing the order and/or payment on the Website, by accepting (accepting) the terms of this Contract, without signing a written copy by the Parties. This Contract has legal force according to Article 633 of the Civil Code of Ukraine and is equivalent to a Contract signed by the Parties. Accordingly, the Customer who has authorized on the Website and/or paid for the Services is considered to have read this Contract and agreed with all its terms.
6.2. The fact of the Contractor starting to provide Services is providing the Customer with access to the Platform, Course Materials, and/or placing any informational materials by the Contractor on the Platform.
6.3. Services under this Contract are provided exclusively to individuals who have reached the age of 18. In case of detecting the unreliability of information provided by the Customer when concluding (accepting) this Contract, in particular regarding age, the Contractor has the right to terminate the provision of Services (refuse to provide Services). In this case, the payment (both partial and full) for the Services credited to the Contractor’s current account is not refunded to the Customer, is not transferred to the benefit of third parties, and is not compensated in any way.
6.3.1. In case of disputes, suspicion of the Contractor regarding the unreliability of information provided by the Customer, in particular in the cases provided for by this paragraph, the Contractor has the right to request from the Customer scanned copies of the passport and identification code and/or suspend the provision of Services under the Contract and close access to the Course Materials.
6.4. For Customers who, before the publication of this Contract, used similar services of the Contractor, confirmation of the full and unconditional acceptance (acceptance) of the terms of this Contract is the further use of the Contractor’s services. If the Customer previously used the paid services of the Contractor, then the payment by them for the next period of service provision is confirmation of acceptance of the terms of this Contract.
6.5. Interruptions in the provision of Services are foreseen for the technical maintenance of the Website and/or Platform. Interruptions in work are carried out during the least loaded periods of the Website and/or Platform. Information about the suspension of Services is posted (published) at least 1 (one) hour before the start of the suspension.
6.6. The fact of receiving Services by the Customer is confirmed by the provision-receipt of access to the Course Materials placed on the Platform, the Contractor’s Website, and/or any of its web pages, without the Parties signing any additional documents confirming the provision of Services.
6.7. The Parties agree on the absence of the necessity to sign an act of acceptance-transfer of provided services (hereinafter referred to as the “Act”). This Contract serves as such an Act. The absence of claims from the Customer, sent in written form through the Contractor’s care service or to the email: darinainvesting@gmail.com, within 3 (three) calendar days from the date of opening access to the Materials to the Customer is considered confirmation of the full and unconditional acceptance of the Services in terms of quality and volume.
7. TERM OF THE CONTRACT, PROCEDURE FOR MAKING CHANGES AND ADDITIONS TO THE CONTRACT
7.1. This Contract comes into effect from the moment the application for access to the Course (order/purchase of the Course) is submitted and/or the Customer pays for the Contractor’s Services, is considered concluded for an indefinite period, and remains in effect until it is withdrawn by the Contractor and/or until the Parties fully fulfill their obligations under this Contract.
7.2. The Contractor reserves the right to amend the terms of the Contract and/or withdraw it at any time at its discretion. In case of changes made by the Contractor to the Contract, such changes come into effect from the moment the new edition of the Contract is published on the Website and/or the Contractor’s Platform, unless another effective date for the changes is specified additionally at the time of their publication. The Contract is considered withdrawn from the moment its publication is removed from the Website and/or the Contractor’s Platform.
7.3. From the moment the Contract with the changes and additions comes into effect, the Contract begins to operate for the Parties in the new edition.
7.4. The Customer has the right to unilaterally refuse to perform this Contract at any time, by notifying the Contractor in writing at least 10 (ten) days before the intended (desired) date of refusal of the Contract. In this case, the Customer is further prohibited from using the Contractor’s Services, and the funds transferred under this Contract are not returned to the Customer and are not compensated in any way.
7.5. Termination of this Contract does not release the Customer from responsibility for violating the terms of this Contract that occurred during its term.
7.6. To refuse to receive the Services, the Customer must also simply not make payment for such Services.
7.7. If the Customer wishes to fully refuse the Contractor’s Services, they need to send a corresponding request through the Contractor’s care service and/or to the email: darinainvesting@gmail.com, after which all data and information about the Customer will be deleted by the Website administrators.
7.7.1. If the Customer sends requests (or any other messages) regarding the refusal to participate in the Course, refusal of the Contractor’s Services, and/or the Contract as a whole, violating the terms and procedure defined in this paragraph of the Contract, the Contractor has the right to limit the Customer’s access to the Course Materials and/or refuse to provide Services (or terminate their provision). In this case, the funds credited to the Contractor’s current account for the Services are not returned to the Customer, are not transferred to the benefit of third parties, and are not compensated in any way.
7.7.2. After providing access to the Platform and/or Course Materials placed on the Platform or Website, the funds credited to the Contractor’s current account are not returned to the Customer, are not transferred to the benefit of third parties, and are not compensated in any way.
7.7.3. In cases where the Customer has made a payment, but the fact of providing access to the Platform and Course Materials by the Contractor has not yet occurred, the latter undertakes to return the funds transferred by the Customer within 30 (thirty) banking days. The refund by the Contractor is carried out, including on condition of receiving documents from the Customer provided by the current legislation of Ukraine (copies of the passport, copies of the taxpayer’s card, payment receipt, a properly signed refund application, other documents at the Contractor’s request) and exclusively if the Customer submits a refund request within 30 days from the date of payment for the Contractor’s Services. When refunding the payment, commissions in the amount of the payment system commission at the time of the refund, as well as other commission fees that are automatically deducted and cannot be controlled by the Seller, are withheld from the amount.
7.7.4. The amount for booking a place is non-refundable, as the booking reserves a place for the Customer, limiting the possibility for other clients to use the service. This amount also covers administrative costs related to processing the Customer’s order.7.8. The Contract is considered automatically terminated (dissolved) in cases where:The Customer has fully used the Contractor’s Services for which full payment was made;The Customer has not used the Contractor’s Services of their own initiative.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All Materials, lectures, speeches, performances, audiovisual works, recordings of online broadcasts in the form of audiovisual works, phonograms and videograms, photographic works, images, graphic materials, articles, and any other materials to which the Customer gains access under this Contract or in connection with the acceptance of this offer are objects of intellectual property rights and are subject to protection according to the current legislation of Ukraine.
8.2. Copyright and related rights to the Materials to which the Customer is granted access belong exclusively to the Contractor. The Customer is granted only the right to use the Materials exclusively for personal non-commercial purposes, unless otherwise specified in a special license agreement (contract) separately signed between the Customer and the Contractor.
8.3. The Customer is prohibited from copying, reproducing, distributing, performing, publicly notifying, demonstrating, showing, using, translating, adapting, and making any similar changes to the Materials in any way without prior written consent or special permission from the Contractor.
8.4. The Customer does not have and does not acquire, during the use of the Contractor’s Services, property and/or non-property intellectual property rights to the objects and products of the Contractor’s intellectual and creative activity.
8.5. The Customer has no right to use for personal and/or commercial purposes with the aim of making a profit, the intellectual property objects, including photos, videos, informational and/or any educational materials created by the Contractor and belonging to the latter, as well as used within the Course to properly provide Services under the Contract.
8.6. The Customer is fully financially responsible for the unauthorized use and/or distribution of intellectual property objects belonging to the Contractor and used by the latter within the Course to properly provide Services under this Contract.
9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. For non-performance or improper performance of the terms of this Contract, the Parties are liable as provided by this Contract and the current legislation of Ukraine.
9.2. If the non-performance or improper performance of the terms of this Contract by one of its Parties has caused losses to the other Party, the guilty Party is obliged to compensate for such losses in full.
9.3. Compensation for damages does not release the guilty Party from the obligation to properly fulfill the terms of this Contract.
9.4. All disputes and disagreements that may arise during the execution of this Contract are resolved through negotiations between the Parties.
9.5. If any dispute cannot be resolved through negotiations, such a dispute is subject to judicial consideration, according to the established jurisdiction and competence of such a dispute, in accordance with the current legislation of Ukraine.
9.6. In case of detection of plagiarism, copying of Materials (including, taking into account section 8 of this Contract), their fragments and/or unauthorized use, distribution by the Customer of the Course Materials, the Customer is responsible according to the terms of this Contract and the norms and provisions of the current legislation of Ukraine.
9.7. In case of violation by the Customer of the terms and provisions of paragraphs 4.3.7-4.3.8 of section 4 of the Contract, the Contractor has the right to terminate the provision of Services (refuse to provide Services). At the same time, the funds paid by the Customer are not returned, are not transferred to the benefit of third parties, and are not compensated in any way, and are considered a penalty to be paid to the Contractor in connection with the violation by the Customer of the terms of the Contract.
9.8. The Contractor is not responsible for non-provision or improper provision of Services to the Customer in the event of the occurrence of any circumstances that arose not through the fault of the Contractor, namely the occurrence of circumstances that arose through the fault or negligence of the Customer and/or the occurrence of circumstances that arose through the fault or negligence of any third party (any third parties) on the part of the Customer, and/or the occurrence of force majeure circumstances.
9.9. Given the specifics of the Services provided under this Contract, the Contractor does not guarantee any specific results to the Customer after receiving the Services, and is not responsible for the Customer’s personal results.
9.10. The Contractor is not responsible for the discrepancy between the provided Services and the Customer’s expectations and/or for their subjective assessment, as such a discrepancy with expectations and/or negative subjective assessment is not grounds to consider the Services provided as low-quality or in an unagreed volume.
9.11. The Contractor is not responsible for the actions and/or omissions of the Customer, their life and health both during and after the provision of Services.
9.12. The Contractor is not responsible for the actions of banks, electronic payment systems that ensure payment and refund when executing this Contract.
10. FORCE MAJEURE
10.1. The Parties are released from liability for non-performance or improper performance of their obligations if such non-performance or improper performance was due to force majeure circumstances (force majeure). Force majeure circumstances include those that arose beyond the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: military actions, civil disturbances, epidemics, blockades, fires, earthquakes, other natural phenomena, natural disasters, power outages and disruptions in communication systems used to provide Services, adoption of acts by state authorities, and other circumstances beyond the control of the Parties that make it impossible to timely, fully, and properly fulfill the Party’s obligations under this Contract.
10.2. In case of the Contractor’s inability to fulfill its obligations under the Contract due to force majeure circumstances, the Contractor must inform the Customer about their occurrence/termination by posting an electronic message on the Platform and/or Website. Such notification is proper confirmation of the occurrence of the relevant circumstances and, also, in the future, at the Customer’s request under the Contract, a document from a competent authority, within the scope of which is to establish the fact of the existence of such circumstances, may be provided.
10.3. In the event of force majeure circumstances for the Customer, the Customer must inform the Contractor about this within 3 (three) days from the moment of occurrence of such circumstances or from the moment the Customer has the opportunity to inform the Contractor about the occurrence of force majeure circumstances. After the termination of force majeure circumstances, the Customer informs the Contractor about this within 1 (one) day from the end of the force majeure circumstances or from the moment the Customer has the opportunity to inform the Contractor about the termination of force majeure circumstances.
10.4. If force majeure circumstances last more than 60 (sixty) consecutive calendar days, each Party has the right to refuse further performance of obligations under this Contract and, in such a case, neither Party has the right to demand compensation for possible damages from the other Party.
10.5. The Parties confirm that they understand and agree with the existence of force majeure circumstances, namely – the military aggression of the Russian Federation against Ukraine, which was the basis for the introduction of the martial law regime from 5:30 am on February 24, 2022, as confirmed by the Letter of the Chamber of Commerce and Industry of Ukraine No. 2024/02.0-7.1 from February 28, 2022. At the same time, the Parties agreed that in the event of active hostilities on the territory of the Contractor’s location or the provision of Services, the duration of the provision of Services may be extended due to their temporary suspension, and the Customer has no right to unilaterally refuse the Contract.
11. PERSONAL DATA AND PROCEDURE FOR THEIR PROCESSING
11.1. By accepting this Contract, the Customer voluntarily consents to the collection and processing of their personal data, namely to the following actions regarding the Customer’s personal data: collection, processing, systematization, inclusion in the Contractor’s databases, including electronic ones, accumulation, storage, clarification, and further use and distribution by the Contractor of personal data according to the provisions of the Law of Ukraine “On Personal Data Protection.”
11.2. The collection of personal data is part of their processing, which involves actions to select, arrange information about the Customer, and enter it into personal data databases.
11.3. The distribution of personal data involves actions related to the transfer of information about the Customer from personal data databases with the Customer’s consent.
11.4. The distribution of personal data without the consent of the subject of personal data (the Customer) or their authorized person is allowed in cases provided by law, and only in the interests of national security, economic welfare, and human rights.
11.5. Personal data in personal data databases are destroyed in the manner established according to the requirements of the Law of Ukraine “On Personal Data Protection.”
12. OTHER TERMS OF THE CONTRACT
12.1. The Parties confirm that this Contract is concluded with a full understanding of its terms and terminology used therein, and it corresponds to the actual intentions of the Parties in terms of the legal obligations imposed on them.
12.2. Each Party guarantees to the other that it has the necessary legal capacity, i.e., all the powers necessary and sufficient to conclude and fulfill this Contract.
12.3. The Contractor is not responsible for the content and accuracy of the information provided by the Customer when placing an order for Services. The Customer is solely responsible for the accuracy of the information specified when placing such an order.
12.4. All information related to the execution of this Contract is confidential.
12.5. The Customer is granted the right to receive the Contractor’s Services exclusively for personal use, without the right to alienate or transfer them to third parties.
12.6. The Parties undertake to keep confidential information received as a result of the execution of this Contract, except in cases where this is authorized in writing by the other Party or required by state authorities according to applicable law. For the disclosure of confidential information, the guilty Party is responsible according to the current legislation of Ukraine.
12.7. The Contractor has the right to independently amend and/or supplement the terms of this public contract and its appendices, including the rules for the provision and receipt of Services under this Contract. At the same time, the Contractor guarantees and confirms that the current version of the text of this Contract and its appendices, including the rules for the provision and receipt of Services under this Contract, published on the Contractor’s Website, is valid.
12.8. The Contract and the rules for receiving Services by the Customer, posted on the Website and/or the Contractor’s Platform, constitute a single contract between the Contractor and the Customer.
12.9. In matters not provided for by the terms of this Contract, the Parties are guided by the provisions of the current legislation of Ukraine.
13. CONTRACTOR’S DETAILS
Name of recipient: Sole Proprietor Maryna Volodymyrivna Sovenko
ITN/EDRPOU: 2770803843
Recipient account in IBAN format: UA043220010000026001340129128
Bank name: UNIVERSAL BANK
Email: darinainvesting@gmail.com
Phone: +971585934883