easybily •
Offer agreement
Public contract offer for the provision of information and consulting services
1. General Provisions
1.1. This document is a public offer of Andrii Melnyk, hereinafter referred to as the "Contractor", and contains all the essential terms of the contract for the provision of information and consulting services.
1.2 The person making the acceptance of this offer becomes the Customer, acquires all the rights and obligations stipulated by this agreement (part 1 of article 642 of the Civil Code of Ukraine), and the Contractor and the Customer jointly - the Parties to the Offer agreement.
1.3. The acceptance of this public offer is the implementation by the Customer of the full payment of information and consulting services in accordance with the terms of this agreement. From the moment of receipt of funds, in payment of the services rendered to the Contractor's current account, this agreement is considered concluded between the Customer and the Contractor.
1.4. The acceptance of this Offer and, accordingly, the conclusion of this Agreement means that the Customer has become familiar with the terms of this agreement and the rules of the payment system (hereinafter referred to as the System), the specifics of the functioning of the System and the site on which the training materials are posted, as well as with the course program posted on the website: https://easybily.com
1.5. By accepting this offer, the Customer confirms that the provision by the Contractor of services under this agreement remotely using software (hereinafter - the Software) is fully consistent with the Customer's ability to use the services provided in this way.
1.6. The current offer contract is always located at: https://easybily.com/contract_eng
2. Terms and definitions
2.1. In this contract, unless expressly provided otherwise from its text, the following words and expressions will have the following meanings:
2.1.1. Offer - this document, between the Contractor and the Customer for the provision of Services, which is concluded through the Acceptance of the Offer. The Offer Agreement is the basic document of the relationship of the two parties and is not negotiable. All additions and changes are made using the applications and / or additional agreements drawn up to this agreement and will be posted on the website at:.
2.1.2 Offer acceptance - full and unconditional acceptance by the Customer of the terms of this Offer Agreement.
2.1.3. Customer - any individual or legal entity, or individual entrepreneur, interested in receiving the Services for themselves and / or members of their family, and / or any third party, and who have carried out the Acceptance of this Offer, which is thus a consumer of the Contractor's Services under the concluded Agreement.
2.1.4. Services - video recordings of practical training provided on a reimbursable basis and organized information and consulting classes with feedback (and / or provision of their records) aimed at transferring knowledge, skills and abilities to the Customer.
2.1.5. Online Course (hereinafter referred to as the Program / Course) is an online distance course, which is one or a combination of several classes united in a single topic in the distance learning format developed by the Contractor with the aim of transferring knowledge, skills and abilities to demanded remote professions and interested parties in obtaining information on this topic.
2.1.6. Software (software) - a browser (Internet Explorer, FireFox, Google Chrome and / or similar) for access to information resources located on the Internet, other programs for the transfer, storage, processing of information provided. The customer undertakes to independently ensure the availability of software on his personal computer.
2.1.7. Webinar is an interactive broadcast of information and consultancy in the field of skills acquisition in popular remote professions under the Contractor's own program, carried out through remote access via the Internet, which takes place in real time and / or presented by the Contractor to the Customer in the form of video presentation of a training course, with comments of the Contractor. .
2.1.8. Feedback is an information and consulting service in the form of an oral consultation and answers to questions in the form of a webinar, or in the form of communication on a social network (including telegram, VKontakte, etc.) with a specific topic via the Internet.
2.1.9. Curator - Assistant to the Contractor, who engages in practical interaction with the Customer within the framework of the Course through electronic means of communication (e-mail, WhatSapp messenger or through the GetCourse Platform) and, if necessary, personal communication using the approved program and resources of the Contractor (scientific portal, additional materials) , as well as knowledge received from the Contractor and from other sources - with the remote form of conducting classes.
2.1.10. Website - a set of information, texts, graphic elements, design, images, photos and video materials and other results of intellectual activity, as well as computer programs contained in an information system that ensures the availability of such information on the Internet at the network address: https: // easybily .com
2.1.11. Access to your personal account - a message sent by the Contractor to the Customer by e-mail. letters confirming the fact of conclusion of the Agreement and containing the information necessary for the Customer to receive the Services on the website https://easybily.com
2.1.12. Chat - closed communities in the Telegram messenger, designed for the exchange of messages between Customers and the Contractor, curators (representatives of the Contractor) under this Agreement
2.1.13. The GetCourse platform is a computer program, which is an automated system for selling and providing the Services in an interactive mode and on which distance learning is provided by the Customer's Contractor to increase the level of knowledge and / or skills in the field of popular remote professions.
2.1.14. An online lesson (hereinafter referred to as the Lesson) is a practical lesson in the form of instructions, videos, photos, text of a training course with comments or other information of the Contractor.
2.1.15. Course Flow - a group of students together with Customers, the recruitment of which is carried out on time.
2.1.16. Newsletter - automated sending of emails to the Customer's email address (email).
3. Subject of the offer contract
3.1. The subject of this offer is the provision of information and consulting services to the Customer in the field of obtaining knowledge, skills within the framework of the Course program available on the website: https://easybily.com
3.2. The provision of services is carried out by the Contractor posting in the closed section of the Site training material and assignments for the Customer, aimed at transferring knowledge and skills according to the program of the courses, according to the schedule established by the Contractor, written and oral answers to the Customer's questions, as well as other informational support of the Customer during the training program .
3.3. The services under this agreement are limited to providing the Customer with information, transferring the Contractor's knowledge and experience on working in the specialty of the Course and developing skills for their independent use by the Customer.
3.4. Services under this contract are provided by the Contractor remotely via the Internet, through software (software).
3.5. From the moment funds are received to pay for the services rendered to the Contractor's current account, this Agreement is considered concluded between the Customer and the Contractor (part 1 of article 642 of the Civil Code of Ukraine). Moreover, the conclusion of the Agreement in simple written form is not mandatory.
3.6. The acceptance of the offer assumes that the Customer is familiar with the conditions, the procedure for the provision and payment of Services, and also recognizes the unconditional suitability of the payment system proposed by the Contractor to pay for the Services, as well as that the provision of the Services by the Contractor remotely using the GetCourse Platform and fully complies with the Customer's ability to use the Services, rendered in this way.
3.7. In case of disagreement with any terms of the Agreement, the Customer agrees to stop using the Site and unsubscribe from the Newsletter, as a result of which he ceases to receive emails from the Contractor.
3.8. The Contractor reserves the right to change the terms of this Agreement unilaterally without prior coordination with the Customer, while ensuring that the amended conditions are published on the Site at least 3 (three) days before they are put into effect. Therefore, the Contractor recommends that the Customer regularly check the terms of this Agreement for changes and / or additions. The current edition is constantly posted on the Site https://easybily.com
3.9. The Customer agrees that the introduction of amendments and additions to this Agreement entails the introduction of amendments and additions to the Agreement already concluded and effective between the Contractor and the Customer, and they enter into force simultaneously with the amendments to this Agreement. At the same time, the Customer who paid for the services before changing the terms of the Agreement does not apply.
4. Terms for the provision of services and the procedure for their transfer
4.1. The schedule and content of the Program are also placed in a closed section of the Site. The Customer is not entitled to give any instructions regarding the content and duration of the Course.
4.1.1. The customer independently familiarizes himself with the schedule and content of the Program on the Site and is responsible for observing the training deadlines for the Course, completing tasks and other activities related to training.
4.2 Access to training materials is retained by the Customer for life
4.3. Services under this contract are deemed to be provided with proper quality and on time, as well as accepted by the Customer, if, within 3 (three) calendar days after the expiration of the period specified in clause 4.2 of this contract for the corresponding service, the Customer has not raised a reasoned objection to the quality and the scope of such services by sending an appropriate appeal to contact@easybily.com
5. The procedure for the provision of services
5.1. Access to the training platform (hereinafter referred to as the Personal Account) is provided by the Contractor by sending access passwords to the closed section of the Site to the Customer's email address indicated when purchasing the course.
5.1.1 Access to lessons (training modules) is provided to students on the day the training begins
5.2. The Site section also contains the Course Program, information about the place and time of the Feedback, video tutorials, and other course news. Information on individual course news can also be additionally sent to the Customer's email address indicated by him when paying or posted in the Course Chat.
5.3. The customer independently monitors all updates and changes to the information posted in the closed section of the Site or in the Course Chat, regarding the provision of services under this agreement.
6. Rights and obligations of the parties
6.1. The Contractor undertakes:
6.1.1. Provide services appropriately and on time.
6.1.2. To keep confidential information received from the Customer when providing information and consulting services under this agreement.
6.1.3. Comply with legal requirements regarding the processing, transfer and protection of the Customer's personal data, taking into account the provisions of the Privacy Policy posted on the Site.
6.2. The Contractor has the right:
6.2.1. Unilaterally change the schedule for the placement of training material, conducting feedback and other consultations without changing the established frequency of their conduct, as well as changing and supplementing the content of lessons and assignments for the Customer.
6.2.2. Demand from the Customer the conscientious fulfillment of their obligations, respectful attitude towards other participants in the course and to the Contractor personally.
6.2.3. Unilaterally amend and supplement the terms of this agreement, without prior agreement with the Customer, while ensuring the publication of the amended conditions on the website at: https://easybily.com, at least 3 (three) days before their entry into force.
6.2.4. Unilaterally terminate this agreement in the event of a significant violation by the Customer of the terms of this Agreement, manifestation of aggression or disrespectful attitude. In this case, the funds paid by the Customer under this agreement are not refundable and constitute a penalty for the actions of the Customer. A substantial violation of the terms of this Agreement is understood as any violation of copyright regulated by the current legislation of Ukraine "On Copyright".
6.2.5. To attract third-party experts to provide services in accordance with this agreement. At the same time, the Contractor is not responsible for the unlawful actions of third parties in the provision of services under this contract, but makes every effort to ensure the protection of the rights and interests of the Customer.
6.2.6. The Contractor has the right to go to court in case of violation by the Customer of any rights, which entailed actual damage to the Contractor, as well as in the case of illegal use by the Customer of any element of the Site for profit.
6.3. The customer undertakes:
6.3.1. Carefully study on the Site information about the Course, its cost, the terms and conditions of its provision.
6.3.2. After accepting this public offer and paying for the full amount of information and consulting services, adhere to the established schedule of the training program, the goals and essence of completing the Contractor's tasks, comply with the deadlines for completing homework, comply with the recommendations and requirements of the Contractor as part of the provision of services under this agreement.
6.3.3. Provide the Contractor with relevant information necessary for sending information materials to the Customer, as well as for prompt communication with the Customer as part of the provision of services under this agreement, namely: last name, first name and valid mailbox.
6.3.4. Follow the rules of conduct and show respect for the Contractor, other participants in the training program.
6.3.5. Do not record, do not distribute (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer under this agreement, create information products on its basis in order to extract commercial profit , and also use this information in any other way, except for personal use.
6.3.6. Do not transfer to third parties and ensure the confidentiality of passwords for access to your personal account in a closed section of the Site and in special software used to organize services by the Contractor under this agreement.
6.3.7. Not to change the software part of the Site in any way, to take actions aimed at changing the functioning and performance of the Site.
6.3.8. To adhere to the established schedule of the Course Program, the objectives and essence of completing the tasks of the Contractor, comply with the deadlines for completing tasks, comply with the recommendations and requirements of the Contractor in the framework of the provision of Services under this Agreement
6.4. The customer has the right:
6.4.1. To apply for a refund of paid funds within 3 (three) calendar days from the start of training (gaining access to lessons) in accordance with the rules established by this agreement.
6.4.2. Independently decide on the advisability of using in his life the suggestions and recommendations proposed by the Contractor.
7. Cost of services and payment procedure
7.1. The cost of information and consulting services under this agreement is indicated on the website of the sale of the Course.
7.2. Payment for the Course is made by the Customer by crediting funds in the order of prepayment to the account of the Contractor in the amount of 100% of the cost.
7.3. Method of payment under the Agreement: payment by credit card using Visa, MasterCard payment systems. After ordering the Service, the Customer is redirected to the Liqpay payment system service, where the Customer can pay for the Service in any way convenient for him from the options offered by the service.
7.4. The moment of payment is the receipt of funds to the account of the Contractor.
7.5. The Customer is solely responsible for errors that he made when paying for the Services. The Contractor is not liable for losses and other adverse consequences that may occur with the Customer and / or third parties in case of incorrect indication of the purpose of payment
7.6. The Services provided by the Contractor are not subject to VAT due to the use by the Contractor of a simplified tax system.
8. Terms and conditions of refund
8.1. The refund of money by the Contractor is carried out at the request of the Customer, sent an email to contact@easybily.com no later than 3 (three) calendar days after the start of training on a schedule (or gain access to lessons), minus the actual costs of the Contractor at the time return.
8.1.1 Such actual expenses of the Contractor include (but are not limited to), in particular, commissions of banking, credit organizations and relevant payment systems for the implementation of a refund, the cost of training materials provided by the Customer organized by the Contractor for classes and other online meetings, even if the Customer does not used materials, as well as the cost of bonus materials.
8.2 Money is returned to the Customer's account from which the tuition was paid, or another account indicated by the Customer, within 5 (five) business days after the decision to return.
8.3. The Contractor reserves the right to reject the Customer's request for a refund if the Customer shows disrespectful attitude to the Contractor or other participants in the training programs.
8.4 Access to training materials for the Customer ceases within 1 (one) business day, from the date the Contractor sends the Customer a message about the corresponding return. The specified requirement of the Customer to return is also considered a withdrawal of this Acceptance.
9. Responsibility
9.1. The Contractor is not responsible for the impossibility of providing services to the Customer for reasons beyond the control of the Contractor, namely: disruption of the Internet, hardware or software, as well as in case of non-compliance with the deadlines of the Course Program by the Customer. In this case, the services are considered to be provided properly and payable in full.
9.2. No information, materials and / or consultations provided by the Contractor as part of the provision of services under this contract may be considered as guarantees. Decision-making on the basis of all information provided by the Contractor is in the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor as part of the performance of its obligations under this Agreement.
9.3. The Contractor is not guaranteed the absolute continuity of the provision of services under this contract, despite the fact that the Contractor takes all possible measures to prevent the above. In the case of unsatisfactory quality of the Internet connection, stable operation of the software is not guaranteed, in which case the receipt of services under this agreement may be difficult or impossible.
9.4. The parties are exempt from liability for non-performance or improper performance of obligations under this agreement for the duration of the force majeure. During this time, the parties have no mutual claims, and each of the parties assumes its own risk of the consequences of force majeure. The Contractor is obliged to notify the Customer of such circumstances by posting information on the Site and / or to the electronic mailbox indicated by the Customer when making the payment, and the Customer is obliged to send the Contractor an email to contact@easybily.com, indicating the theme of "Force Majeure" . Force majeure circumstances (force majeure circumstances) the Parties understand: fire, flood, earthquake, strikes and other natural disasters, war and military operations, the entry into force of normative legal acts and acts of the application of law that impede the fulfillment of obligations, urgent (unplanned) documented hospitalization, if the above circumstances are beyond the control of the Parties, impede the implementation of this agreement and arose after the conclusion of this says. The lack of time for the Customer for any reason to undergo a training program, being on vacation, a business trip, non-payment of access to the Internet, failure of the means of access to the Internet are not force majeure circumstances (force majeure circumstances).
9.5. The Contractor's total liability under this contract for any claim or claim in respect of the contract or its performance is limited to the amount of payment paid to the Contractor by the Customer. At the same time, only real damage, but not lost profit, can be recovered from the Contractor.
10. Personal data and their use
10.1. Providing the information necessary for the provision of the Services, the Customer provides the Contractor with his personal data. By making the Acceptance of the Offer, the Customer expresses his consent to the processing of the personal data transmitted to him.
10.2. Processing personal data means recording, systematizing, accumulating, storing, clarifying (updating, changing), extracting, using, transferring to third parties (distribution, provision, access), including cross-border transfer to third parties, depersonalizing, blocking, deleting, destroying personal data that do not fall under special categories, the processing of which, in accordance with the current legislation of Ukraine, requires the written consent of the Customer.
10.3. Processing of personal data is carried out in order to fulfill the Contractor's obligations under this agreement, to provide the Customer with feedback when using the Site, training programs, video courses, as well as to send information and advertising messages to the email address specified by the Customer during registration (clause 10.6 of this agreement).
In addition, the processing of personal data is carried out to improve the services of the Contractor on the basis of the analysis of this information, as well as to detect, prevent, mitigate and investigate fraudulent or illegal actions in relation to the Site and the training program as an object of intellectual property of the Contractor.
10.5. The Customer may at any time withdraw consent to the processing of personal data by sending the Contractor a corresponding notification by e-mail to contact@easybily.com. At the same time, the Customer understands and acknowledges that recalling the processing of personal data may require the removal of any information regarding the participation of the Customer in the training program, including the removal of the Customer's account in the closed section of the Site and termination of access to the materials of the acquired course.
10.6. The Customer agrees to receive newsletters and promotional materials from the Contractor, or from other persons on behalf of the Contractor, to the email address provided by the Customer when registering on the Site.
Consent to receive newsletters and promotional materials may be withdrawn by the Customer at any time by sending the Contractor a corresponding notification by e-mail to contact@easybily.com
10.7. The Customer is fully aware that as a result of certain circumstances (for example, posting and discussion of the results of training achieved by the Customer), the Customer's personal data may become available to other persons
11. Copyright protection
11.1. The site contains the results of intellectual activity owned by the Contractor, its affiliates and other related parties, representatives, all other persons acting on behalf of the Contractor.
11.2. Using the Site, the Customer acknowledges and agrees that all content of the Site and the structure of the Site are protected by copyright and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media and in relation to all technologies, both existing at present, and developed or created subsequently. No rights to any content on the Site, including, but not limited to, audiovisual works, text and graphic materials, computer programs, are transferred to the Customer as a result of using the Site and entering into this agreement.
11.3. When quoting materials from the Site, if this is expressly provided for by the functions of the Site, the Customer agrees to indicate a link to the Site.
11.4. In case of violation by the Customer of the provisions of this agreement regarding the protection of the Contractor's copyright, the latter has the right to demand compensation for all losses caused, including lost profits.
12. Final word
12.1. This agreement shall enter into force upon acceptance by the Customer in accordance with clause 1.3. agreement and is valid until the parties fulfill their obligations.
12.2. All disputes and disagreements between the parties are resolved through negotiations, or in a judicial proceeding in accordance with the current legislation of Ukraine.
12.3. Inaction on the part of the Contractor in case of violation by the Customer of the provisions of this agreement does not deprive the Contractor of the right to take later appropriate actions to protect his interests and protect intellectual rights to the Site materials protected in accordance with the law.
12.4. Recognition by a court of a provision of this agreement invalid or not enforceable does not entail the invalidity of its other provisions.