PUBLIC OFFER AGREEMENT

This Agreement, in which one party is an Individual Entrepreneur Potyomkina Tayna, registered in the Unified State Register of Legal Entities and Individual Entrepreneurs in accordance with the current legislation and who is a single tax payer (hereinafter referred to as the Performer), on the one hand, and any person who accepts (accepts) this offer (hereinafter referred to as the Customer), on the other hand, hereinafter collectively referred to as the Parties, and individually as a Party, have concluded this Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer by the Performer to conclude an Agreement on the provision of services in the field of online education with any Customer. By ordering and paying for the Performer’s Services, Customers accept the terms of this Agreement as stated below. The following actions shall also be considered as adherence to this Agreement: ticking the box next to the field “Familiarized with the public offer” and/or payment of the invoice or use of an online payment method to pay for online courses and/or gaining access to online educational courses. In case of disagreement with the terms of this Agreement, it is not possible to conclude an accession agreement.

GENERAL PROVISIONS

1.1. This Agreement is concluded by obtaining the full and unconditional consent (acceptance) of the Customer to conclude the Agreement in its entirety, without signing a written copy of the Agreement by the Parties.

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

1.3. The Customer confirms the fact of familiarization and agreement with all the terms of this Agreement in its entirety by accepting it.

1.4. Any of the following actions shall be considered as acceptance of this public offer agreement:

– the fact of placing an Order for the Performer’s Services on the Performer’s website https://taynapotyomkina.com/;

– payment for the Performer’s Services on the conditions and in the manner determined by this Agreement and on the corresponding pages of the Performer’s website https://taynapotyomkina.com/;

– written (including electronic form by means of email) notification from the Customer about the acceptance of the terms of this Agreement to the email address specified on the website https://taynapotyomkina.com/.

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

1.6. If the Customer does not agree to the terms of the Agreement, they have no right to conclude this Agreement and are not entitled to use the Services under this Agreement.

DEFINITIONS

“Public Offer Agreement” – a public contract, the sample of which is posted on the website https://taynapotyomkina.com/.

“Acceptance” – the Customer’s provision of full and unconditional consent to enter into this Agreement in its entirety, without signing a written copy of the Agreement by the Parties.

“Services” – a Service or several Services in the field of online education (specifically, group online courses, support groups, individual courses, sessions, and consultations) provided by the Performer and specified by the Performer in the corresponding section of the Performer’s website at https://taynapotyomkina.com/services/.

“Customer” – any capable individual, legal entity, or individual entrepreneur who visited the website https://taynapotyomkina.com/ and accepted this Agreement.

“Performer” – a business entity, an individual entrepreneur providing services in the field of online education, whose details are specified in Section 12 of this Agreement.

“Order” – a properly completed application by the Customer for receiving Services, addressed to the Performer.

“Course” – a set of educational modules (video materials, assignments, etc.) composed according to a specific subject and within which the services are provided.

“Educational Material” – presentation, interactive material, video recording, homework, etc., posted on the Platform.

“Tariffs” – information about the price of the Course, conditions for discounts, and other beneficial advantages specified on the website, Tayna Potyomkina’s Facebook page, Tayna Potyomkina’s Instagram profile, or promotional materials.

SUBJECT OF THE AGREEMENT

3.1. The Performer undertakes, on the terms and in the manner defined by this Agreement, to provide the Customer with Services in the field of online education (specifically, group online courses, support groups, individual courses, sessions, and consultations), and the Customer undertakes, on the terms and in the manner defined by this Agreement, to accept and pay for the ordered Services.

3.2. The Customer and the Performer confirm that this Agreement is not a fictitious or simulated legal act or an act concluded under pressure or deception.

3.3. The Performer confirms that they have the right to engage in activities in the field of online education in accordance with the requirements of the current legislation of Ukraine.

RIGHTS AND OBLIGATIONS OF THE PERFORMER

4.1. The Performer is obliged to:

– comply with the terms of this Agreement;

– provide the Customer with high-quality Services;

– objectively inform the Customer about the Services and the conditions of their provision on the website https://taynapotyomkina.com/.

4.2. The Performer has the right to:

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

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

RIGHTS AND OBLIGATIONS OF THE CUSTOMER

5.1. The Customer is obligated to:

– timely pay for and receive the ordered Services on the terms of this Agreement;

– familiarize themselves with the information about the Services posted on the Performer’s website.

5.2. The Customer has the right to:

– place an order for the Services specified on the respective page of the website https://taynapotyomkina.com/;

– demand that the Performer provide the Services in accordance with the terms of this Agreement;

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

ORDERING PROCEDURE

6.1. The Customer independently places an order on the respective page of the website https://taynapotyomkina.com/ by using the payment system and clicking the “Buy” button or by placing an order via email or the phone number provided in the contact section of the website https://taynapotyomkina.com/.

6.2. The processing time for the order by the Performer is up to 3 (three) business days from the moment of its placement. In the event that the order is placed on a weekend or public holiday, the processing time begins from the first business day after the holiday.

CONTRACT PRICE AND PAYMENT TERMS

7.1. The price of each individual Service is determined by the Performer and indicated on the respective page of the website https://taynapotyomkina.com/. The contract price (order value) is determined by adding up the prices of all selected Services by the Customer.

7.2. The Customer pays for the Performer’s Services under this Agreement in the National currency of Ukraine – Ukrainian Hryvnia. The Parties agree that the equivalent value of the Services, indicated on the respective page of the website https://taynapotyomkina.com/ in Euros, is paid by the Customer in Ukrainian Hryvnia at the official exchange rate of the Hryvnia to the Euro set by the National Bank of Ukraine on the day of issuing the corresponding invoice for the Services by the Performer.

7.3. The Customer is given the opportunity to make an advance payment to reserve a discounted price or a spot in the course. In order to gain access to the course or any other prepaid Service, the Customer needs to pay the remaining cost of the Service before its commencement. The advance payment is non-refundable, even if the Customer decides not to receive that particular Service, but they can use this amount towards obtaining another Service from the Performer, subject to separate agreement between both Parties.

7.4. The services with a specified time period (such as a monthly support group, annual package of courses and consultations, etc.) are valid only for the duration of the specified time. If the Client fails to receive the full scope of service materials within the specified time due to their own circumstances, the payment is not refunded either in full or partially. The Provider also reserves the right to refuse the provision of paid services for which the allotted time has expired.

7.5. Payment for the services is made by:

7.5.1. transferring funds to the Provider’s current account (if the Client is a natural or legal person) or

7.5.2. using other payment methods specified on the Provider’s website (if the Client is a natural person).

7.6. The moment of payment for the services is considered to be the time when the funds are credited to the Provider’s current account.

7.7. Payment for the services is made by the Client within 3 (three) banking days from the date of concluding the Agreement by the Parties and the issuance of the corresponding invoice by the Provider. The invoice (invoice) prepared by the Provider is valid for three banking days.

7.8. The Client independently and at their own expense pays for the services of third parties if necessary for obtaining the services from the Provider under this Agreement (for example, Internet access services and others).

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

8.1. The rules for providing and receiving services are indicated on the respective pages of the website https://taynapotyomkina.com/ and are attachments (integral parts) of this Agreement. Any questions arising in the process of payment and receipt of services can be clarified by the Client with the Provider using the contact details specified in section 12 of this Agreement, the Provider’s Details.

8.2. The fact of the Client, as a natural person, receiving the services is confirmed by their payment for the services provided by the Provider. The Provider is obliged to send the Client an invoice and a receipt for the payment of the services.

8.3. The fact of the Client, as a legal entity, receiving the services is confirmed by the Acceptance-Transfer Act of the provided services (hereinafter referred to as the “Act”), which is signed by the Parties (or is unilaterally signed by the Provider in cases provided for by this Agreement). The Provider is obliged to send the Client a signed invoice and a signed copy of the Act by mail (previously, an electronic copy of the invoice and the Act can be sent by email or fax). The Client is obliged, within 3 (three) working days from the receipt of the Act, to sign it and send the Provider the second copy of the Act by mail, or in case of disagreement with signing the Act, submit their written objections. If within 1 (one) month from the date of sending the Act to the Client, the second copy of the Act signed by the Client or written objections against signing the Act are not received at the Provider’s postal address, the Provider signs the Acceptance-Transfer Act of the provided services unilaterally.

LIABILITY OF PARTIES AND DISPUTE RESOLUTION

9.1. The Parties shall be liable for non-performance or improper performance of their obligations under this Agreement in accordance with the applicable legislation of Ukraine.

9.2. All disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties.

9.3. If the dispute cannot be resolved through negotiations, it shall be settled in court in accordance with the jurisdiction and competence established by the current legislation of Ukraine.

9.4. The Provider shall not be held responsible for the non-provision or improper provision of the Services to the Client in the event of any circumstances beyond the Provider’s control (including circumstances arising from the fault or negligence of the Client and/or circumstances arising from the fault or negligence of any third party or force majeure circumstances).

FORCE MAJEURE CIRCUMSTANCES

10.1. The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement if it arises as a result of force majeure circumstances.

10.2. Force majeure circumstances in this Agreement shall mean any circumstances that arise beyond the will or against the will or desire of the Parties and which cannot be foreseen or avoided, including military actions, public unrest, epidemics, blockades, earthquakes, floods, fires, as well as decisions or orders of state authorities and government of the country where the Client is a resident or the country where the Provider is a resident, which impose additional obligations or restrictions on the Parties (or one of the Parties) and render further full or partial performance of the Agreement impossible, as well as other actions or events that exist beyond the will of the Parties.

10.3. If force majeure circumstances persist for more than 3 (three) consecutive months, each Party shall have the right to refuse further performance of obligations under this Agreement, and in such case, neither Party shall have the right to claim compensation from the other Party for possible damages.

OTHER TERMS OF THE AGREEMENT

11.1. Each Party warrants to the other Party that it possesses the necessary legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and performance of this Agreement in accordance with its terms.9. LIABILITY OF PARTIES AND DISPUTE RESOLUTION

9.1. The Parties shall be liable for non-performance or improper performance of their obligations under this Agreement in accordance with the applicable legislation of Ukraine.

9.2. All disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties.

9.3. If the dispute cannot be resolved through negotiations, it shall be settled in court in accordance with the jurisdiction and competence established by the current legislation of Ukraine.

FORCE MAJEURE CIRCUMSTANCES

10.1. The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement if it arises as a result of force majeure circumstances.

OTHER TERMS OF THE AGREEMENT

11.2. Unilateral modification of the terms of the concluded Agreement by the Customer or refusal to fulfill the terms of the concluded Agreement by the Customer is unacceptable, except for cases provided for in this Agreement. Neither Party to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.

11.3. The Contractor confirms that it is a payer of a single tax (Group 2) at the rate provided by the Tax Code of Ukraine.

11.4. The information provided by the Customer is confidential. Information about the Customer is used solely for the purpose of fulfilling their Order.

11.5. By accepting the Agreement, the Customer voluntarily gives consent to the collection and processing of their personal data in accordance with the Privacy Policy, for the following purposes: the disclosed data will be used for commercial purposes, including receiving information about orders and processing information about them, sending advertising and special offers via telecommunication means of communication (email, mobile communication), providing information about promotions or any other information related to the activities of the website https://taynapotyomkina.com/. In case of not wishing to receive information about the activities of the website https://taynapotyomkina.com/, the Customer has the right to contact the Contractor by writing a statement to refuse to receive advertising materials and sending it to the postal or email address of the Contractor.

11.6. The Contractor is not responsible for the content and accuracy of the information provided by the Customer when placing an Order. The Customer is responsible for the accuracy of the information provided during the Order placement.

11.7. The Customer is granted the right to use the Contractor’s Services solely for their internal activities, without the right to alienate or transfer them to third parties.

11.8. The Parties undertake to keep confidential information obtained as a result of the performance of this Agreement, except in cases where it is explicitly authorized in writing by the other Party or required by state authorities in accordance with applicable law. The Party responsible for disclosing confidential information shall be held liable in accordance with the applicable legislation.

11.9. The Agreement is public and indefinite, and remains in force until terminated by either Party in the manner prescribed by this Agreement or applicable law, but in any case until the final performance of the Agreement by the Parties. The Parties agreed that the duration of this Agreement shall not be less than 3 (three) calendar months. This Agreement is considered agreed upon by the Customer and concluded at the location of the Contractor from the date of acceptance.

11.10. The Contractor independently determines the terms of this Agreement and its appendices, which are an integral part of it, in accordance with and to comply with the requirements of the current legislation of Ukraine. The Contractor has the right to independently modify and/or supplement the terms of this public Agreement and its appendices, including the rules for the provision and receipt of Services under this Agreement. In doing so, the Contractor guarantees and confirms that the current version of the text of this Agreement and its appendices, including the rules for the provision and receipt of Services under this Agreement, posted on the Contractor’s website, is valid.

CONTRACTOR’S DETAILS

Individual Entrepreneur Potyomkina Tetiana Leonidivna

Location: 10a Velyka Kytaivska Street, Kyiv, Ukraine

EDRPOU Code: 2747411282

Banking details: IBAN UA563220010000026000300069263

at Monobank (Universal Bank JSC), MFO 322001

Phone: +380 (63) 796-23-12

E-mail: taynapotyomkina@gmail.com

Are you wondering how Human Design can help in your life? Or would you like to ask a specific question? We can discuss this at a free discovery session.

Book a free discovery session

We never disclose your personal information to third parties. By filling out the form, you accept Privacy Policy and confirm that you sign up for my free Human Design updates. You can easily unsubscribe at any time. Thank you for your interest!