PUBLIC AGREEMENT FOR THE PROVISION OF SERVICES
This Service Offer (hereinafter referred to as the Agreement) represents an open offer (Offer) and governs the relationship between an individual entrepreneur Ivakhnenko Ievgen (hereinafter referred to as the Contractor) acting on the basis of an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs, No 2 067 000 0000 179249 of 28.04.2020, on the one hand, and by the User (hereinafter also referred to as — the Customer), on the other hand, collectively referred to as the «Parties».
- GENERAL PROVISIONS
1.1. This public contract (hereinafter referred to as the Offer, contract) constitutes the official open offer of the “Contractor” on the website www.sodaze.com (hereinafter referred to as the Site) to legal entities and / or individuals (hereinafter referred to as the Customer) on the conditions listed below.
1.2. Acceptance (acceptance) of this Offer means full and unconditional acceptance by the Customer of all conditions without any exceptions and / or restrictions and is equated in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine (hereinafter Civil Code of Ukraine) for the parties to conclude a bilateral written agreement on the terms and conditions set forth below in this Offer.
1.3. This Public Service Agreement (Offer) is considered concluded (accepted) from the moment the Customer completes the account on the Contractor’s website and the Customer’s funds are credited to the Contractor’s current account.
1.4. In accordance with Art. 638 of the Civil Code of Ukraine, in the case of acceptance of the conditions set forth in the Offer and payment for services, an individual or legal entity that accepts this Offer becomes the Customer (acceptance of the Offer is equivalent to the conclusion of the Agreement on the conditions set forth in the Offer), which are the subject of this Agreement.
- DEFINITIONS AND TERMS
2.1 For the purposes of this Offer, the following terms are used in the following meaning:
Offer — this public contract for the provision of services.
Website — the website www.sodaze.com, used by the Contractor on a property basis.
Acceptance of the Offer — full and unconditional acceptance of the Offer by taking action on 100% prepayment of the service.
Contractor — an Internet site and its corresponding domain www.sodaze.com, represented by private entrepreneur Ivakhnenko Ievgen or another business entity having the right to provide services to the Customer on the terms of this Offer.
Customer — a person who has accepted the Offer on the terms and conditions set forth in it.
Contract for the provision of services (hereinafter referred to as the Contract) is a contract between the Customer and the Contractor for the provision of services, which is concluded through the Acceptance of this Offer.
- SUBJECT OF THE OFFER
3.1. The subject of this Offer is the provision of services to the Customer on the creation of animated videos on the stop-motion technique by the Contractor using the terms of this Offer, as well as training on the stop-motion technique for a fee paid by the Customer to the Contractor, or providing the customer with a webinar video recording for a fee.
- PRICE OF SERVICES AND TERMS OF PAYMENT. ACCEPTANCE OFFERS.
4.1. The cost of each type of service is set on the Contractor’s Website.
4.2. The provision of services is carried out on the basis of 100% prepayment.
4.3. The user accepts the Offer and concludes the Agreement by prepaying services, in accordance with clause 4.2. Of the contract.
4.4. Payments under this agreement are made in one of the ways offered to the Customer, including by clicking the «Pay» button, which include:
— payment by electronic money;
— payment through payment terminals or Internet banking;
— payment to the account of the Contractor through a bank or an acquiring bank;
— payment through specially authorized agents (individuals or legal entities)
— other payment methods by prior agreement with the Contractor.
- TERMS AND CONDITIONS OF SERVICES
5.1. Services are performed by the Contractor in accordance with written materials, ideas, concepts and projects created by the Customer and / or upon request, on behalf of the Contractor, management and approval of the Contractor.
5.2. Taking into account the Contractor’s obligations under this Customer, as well as other valuable considerations, the Contractor hereby agrees that the Services, all work performed and materials provided by the Contractor, as well as all rights, names and interests in them (including, but not limited to, all copyrights) are the exclusive property of the Customer and belong to him. Nevertheless, the Contractor reserves the right to use materials in the portfolio to demonstrate examples of work. To the extent that this is possible or required in accordance with applicable laws, including but not limited to the Copyright Law, the results, products and revenues of any and all Services, including, without limitation, all visual, audio, audiovisual, literary, digital art and other materials produced or processed by the Contractor are considered “hired works”.
5.3. The customer has the right to make changes, corrections, additions or deletions to the Materials or to combine the Materials or parts thereof with other materials, as well as use any materials in any case. The Contractor, in turn, undertakes to perform the work with full dedication and in accordance with the highest standards adopted in this field of activity.
5.4. The Contractor is obliged to coordinate with the Customer all the materials for the shooting, as well as the script, before the filming process begins.
5.5. The Contractor agrees to provide the Customer with a ready-made animation within 10 working days from the date of approval by the Customer of the script and payment for the service.
5.6. The Customer’s participation in the online training course on stop-motion technique is confirmed by the Customer filling out the corresponding application for participation and making payment in one of the ways indicated on the Website. Links to participate in the webinar are provided to the Customer by sending them to the Customer’s email address indicated by him when filling out an application for participation in the online webinar.
5.7. The Contractor agrees to provide the Customer with an Information Service by organizing and conducting a webinar on the date specified on the Site, or by providing the Customer with access to the closed area of the Site within 10 (ten) business days from the moment the funds are credited to the Contractor’s account.
5.8. This Offer has the force of a service act. Acceptance of services is carried out without signing the relevant act.
5.9. The Contractor reserves the right to cancel the Customer’s participation in any in-person event and / or webinar without returning the fee paid in case of violation of the rules of conduct during the in-person event and / or webinar. The indicated violations are: inciting ethnic conflicts, insulting the participants of the training, the host, deviating from the topic of the training, advertising, obscene remarks, publications of the information services provided (webinars, video files from face-to-face events, texts) in any other publications, blogs, and personal sites, pages on social networks in any form.
5.10. The Contractor reserves the right to cancel the Customer’s participation in the in-person event and / or webinar if it is established that the Customer has distributed information and materials received in connection with the participation in the in-person event and / or webinar to third parties for a fee or free of charge. Use by the Customer of information and materials obtained as a result of the receipt of Information Services is allowed only for personal purposes and for personal use of the Customer.
5.11. After the end of the period of the Customer’s paid participation, access links to information and materials received by the Customer in connection with participation in the in-person event and / or webinar are not provided again.
- RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
6.1. The Contractor shall provide the Customer with access to the Site using the Customer’s account.
6.2. The Contractor, in the process of providing the Information service in the form of an online webinar, assumes responsibility for the technical support of the broadcast of the online webinar.
6.3. The Contractor is responsible for the storage and processing of the Customer’s personal data, ensures the confidentiality of these data in the process of their processing, and uses it exclusively for the quality provision of the Information Service to the Customer.
6.4. The Contractor guarantees the provision to the Customer of complete and reliable information about the service provided at his request.
6.5. The Contractor reserves the right at any time to change the date of the event and / or webinar, and / or the amount of information (classes) in the course of the event and / or webinar, having previously notified the Customer by sending a message to the Customer’s email.
6.6. The Contractor has the right to change the duration of the event and / or webinar and / or the terms of this Offer unilaterally without prior notice to the Customer.
6.7. The Contractor has the right to extend the dates of the event and / or webinar by notifying the Customer thereof.
6.8. The Contractor has the right to block the Customer’s account in case of violation of the rules of the event and / or webinar specified in clause 8.2. of this Offer without returning the payment of fees.
- RIGHTS AND OBLIGATIONS OF THE CUSTOMER
7.1. The customer is obliged to provide reliable information about himself in the process of creating an account (registration) on the Site. The customer is responsible for the accuracy of such information.
7.2. The Customer agrees not to reproduce, repeat, copy, transfer to third parties, or use for any purpose the information and materials that became available to him in connection with the provision of the Information Service, except for their personal use.
7.3. The customer is obliged to maintain in good technical condition the equipment and communication channels providing him with access to the Site, to enter the Site under his account at the same time from only one personal computer. The Contractor is not responsible for the failure to provide (low-quality provision) of the Information Service for reasons beyond the control of the Contractor (including due to non-fulfillment of clause 7.1 of this Offer).
7.4. The customer enjoys all the rights of the consumer in accordance with the current legislation of Ukraine, which regulates relations for the provision of services for a fee.
7.5. The customer, in the case of providing him with services of inadequate quality, has the right to use the rights provided for in Art. 8 of the Law of Ukraine «On Protection of Consumer Rights», exclusively in cases where the violation of his rights occurred through the fault of the Contractor and with the proof of this circumstance.
7.6. All claims regarding the quality of the Information Services provided must be sent by the Customer to the Contractor by submitting an application on the website www.sodaze.com or by e-mail firstname.lastname@example.org. The time for consideration of the Customer’s claim (s) by the Contractor is 30 (thirty) days (including claims containing a request for a refund) from the moment the claim is received by the Contractor, after which the Contractor takes one of the following decisions: 1) on disagreement with a claim and a refusal to refund money, or 2) to agree with the claim and to satisfy the demand for a refund.
7.7. In the event that the Contractor makes a decision on the return of funds, the funds shall be returned to the Customer by crediting them to the Customer’s account in payment systems with a credit card, personal account, or other details agreed by the parties. All refunds are made on condition that the Customer sends an application to the Contractor in a form that will be sent to the Customer by e-mail. The parties unconditionally accept that the final decision on the method of returning funds remains in each case at the discretion of the Contractor. In the event of a refund to the Customer’s account in a bank or to the Customer’s account in the payment system, a completed application for a refund with the Customer’s signature in a form in a scanned electronic form will be sent by e-mail to the Contractor (the following file formats are allowed: gif, jpeg, pdf) . The application for the return of funds must contain information on the account of the Customer, the commercial organization (bank), where the account is stored, and its address. If the application does not contain the necessary information required for the implementation of the refund, the Contractor does not guarantee the terms specified in clause 7.8.
7.8. Funds are credited to the bank account indicated by the Customer within 30 calendar days from the moment when the Contractor received the signed and scanned application of the Customer in the form. A financial document confirming the payment of funds by the Contractor to the Customer’s account is proof of the fulfillment by the Contractor of the obligation to return funds to the Customer, which is unconditionally accepted by the parties.
- PROCEDURE FOR RESOLUTION OF DISPUTES. RESPONSIBILITY OF PARTIES
8.1. The Contractor and the Customer, taking into account the nature of the services provided, undertake, in the event of disputes and disagreements related to the provision of services, to apply a pre-trial procedure for the settlement of the dispute. If it is impossible to resolve the dispute in the pre-trial procedure, disputes shall be settled in court in accordance with the current legislation of Ukraine.
8.2 For failure to fulfill or improper performance of obligations under this Offer, the parties are responsible in accordance with the current legislation of Ukraine.
- FORCE MAJEURE
9.1. The Parties are exempted from liability for partial or full failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances (force majeure circumstances) arising after the conclusion of this Agreement and made it impossible to fulfill obligations in accordance with the terms of this Agreement. To such circumstances in particular, but not
limiting, include emergency situations of a man-made, natural or environmental nature, accidents in power supply systems, the destruction of these systems caused, in particular, by earthquakes, floods, hurricanes, etc., a prolonged lack of electricity and the Internet for reasons beyond the control of the parties, military operations , rebellion, strike, riots, riots and other illegal actions, as well as the state of health of the Contractor, flood, fire, anti-terrorist operations, earthquake and other verse disasters, war, hostilities, uncontrolled, unlawful acts and acts of vandalism of third parties, revolutionary actions, social unrest, acts or actions of government, the adoption of legal or by-laws that directly affect the ability of the parties to fulfill the terms of this agreement, and any other extraordinary circumstances.
9.2. The parties agreed that in the event of circumstances specified in clause 9.3. Of the Agreement, the deadline for the fulfillment of obligations under this Agreement is postponed for a period of time during which these circumstances and their consequences acted.
9.3. If force majeure circumstances and their consequences continue to be valid for more than six months, the parties should negotiate as soon as possible in order to identify alternative methods acceptable for both Parties to fulfill the terms of this Agreement and to achieve the corresponding written agreements.
- VALIDITY AND AMENDMENT OF THE TERMS OF THE OFFER
10.1. The Offer comes into force from the moment it is posted on the Internet at: www.sodaze.com and is valid until the Offer is withdrawn by the Contractor.
10.2. The Contractor reserves the right to amend the conditions of the Offer and / or withdraw the Offer at any time at its discretion. If the Contractor makes changes to the Offers, such changes shall enter into force from the moment of posting the amended text of the Offer on the website at the address specified in clause 10.1 of the Agreement, unless a different deadline for the entry into force of the amendments is additionally determined at such a placement. The Contractor informs the Customer about changes in the conditions of the Offer and / or withdrawal of the offer by notification to the Customer’s email address.
- DURATION OF THE CONTRACT AND ITS TERMINATION
11.1. The Agreement comes into force from the moment of acceptance of the Offer by the Customer and is valid for 1 (one) year, but, in any case, until the Parties fully fulfill their obligations under this Agreement. If 10 (ten) calendar days before the expiration date of the Agreement, none of the Parties notifies the other of the termination of this Agreement, then the term of this Agreement shall be considered extended for each subsequent year.
11.2. The contract may be prematurely terminated:
— At any time by agreement of the Parties;
— At the initiative of one of the Parties in case of violation by the other party of the terms of the contract with written notification of the other Party. In this case, the Agreement shall be deemed terminated from the moment the Party that has violated the terms of the contract receives the corresponding written notice of the other Party;
— At the initiative of one of the Parties, subject to written notification of the other Party 10 (ten) calendar days before the date of termination of the Agreement
— From other grounds provided for by this Offer (Agreement).
- OTHER PROVISIONS
12.1. The customer guarantees that all conditions of the offer are understandable to him and he accepts them unconditionally and in full, without any conditions, exceptions and reservations.
12.2. In the case that is not regulated by this Agreement, the Parties undertake to be guided by the norms established by the current legislation of Ukraine.
12.3. The legislation of Ukraine applies to this agreement.
12.4. The parties give each other their consent to the processing and storage of personal data that become known to them, in connection with the conclusion of this Agreement, to the extent that it is necessary in accordance with the requirements of the current legislation of Ukraine.
- BANK DETAILS OF THE CONTRACTOR
Registration tax number: 3204805138
Account number: IBAN: UA593348510000000026001116395 in «First Ukrainian International Bank»
223, Kyiv, avenue Generala Vatutina 2, apt. 124
Phone: +380 50 578 0259