1. General terms
1.1. This document, according to the Civil Code of Ukraine, is an official offer (public offer), hereinafter referred to as the «Offer», «StopFail», hereinafter referred to as the «Contractor», and contains all material terms and conditions necessary for the provision of consulting services on informatization issues, hereinafter referred to as the «Services».
1.1.1. By «StopFail» it is understood that the services are provided by Individual Koroid A.O. in accordance with the terms and conditions of this Offer and its annexes, which are an integral part of it.
1.2. In accordance with Articles 641, 642 of the Civil Code of Ukraine (CC of Ukraine) in case of acceptance of the terms and conditions set forth below and payment for the Services, a legal entity or an individual making acceptance of this offer becomes a «Customer» (acceptance of the offer is tantamount to entering into a contract on the terms and conditions set forth in the Offer and is performed automatically when purchasing and using any Product or Service).
1.3. The parties agree to unconditionally and irrevocably accept the terms of this Offer and undertake to comply with them strictly.
1.4. In connection with the above, please read the text of this Offer carefully, and if you do not agree with any clause of the Offer, the Contractor invites you to refuse to use the Services.
1.5. The acceptance of the offer is the enrollment in the selected course of consulting services for language learning by the Customer and the subsequent payment for the services of the Contractor.
1.6. This Offer may be amended or supplemented only upon conclusion of a written Contract. In this case, the Offer shall be a part of the respective written Contract.
1.7. Enrollment in the course of consulting services and subsequent payment for the Contractor’s services as a way of accepting the terms and conditions (consent to the terms and conditions) of the Offer means the consent of the Customer (if the Customer is a natural person) or a natural person – the Customer’s representative (hereinafter in the text of this paragraph of the Offer – the subject of personal data), to the processing of personal data by the Contractor for the purpose of the possibility to fulfill the terms and conditions of this Agreement, the possibility of mutual settlements, as well as for the receipt of invoices, acts and other documents. Permission to process personal data is valid during the entire period of validity of the offer, as well as for five years after its termination. Destruction of personal data is a ground for termination of the Offer and is made only on the basis of a written application of the Customer. In such case, the Offer is terminated from the date specified in the relevant notice of the Contractor. In addition, by concluding this Offer, the subject of personal data confirms that he/she is notified (without further notice) of the rights established by the Law of Ukraine «On Protection of Personal Data», of the purposes of data collection, as well as that his/her personal data are transferred in order to be able to fulfill the terms of this Offer, the possibility of mutual settlements, as well as the receipt of invoices, acts and other documents. The subject of personal data also agrees that the Contractor has the right to provide access and transfer his personal data to third parties without any additional notification of the subject of personal data, without changing the purpose of personal data processing. The scope of rights of the subject of personal data in accordance with the Law of Ukraine «On Protection of Personal Data» is known and clear to him.
2. Subject of the offer
2.1. The subject matter of this Offer is the provision of language consulting Services to the Customer for a fee.
2.2. The Contractor shall provide services as follows:
2.2.1. In-person events (seminars, trainings, workshops, master classes, thematic courses, etc.)
2.2.2. Remote events using Internet broadcasting (webinars, broadcasts of master classes, seminars, thematic courses, etc.)
2.2.3. Recordings of events provided on a physical medium (flash drive, etc.)
2.2.4. Recordings of events provided electronically via the Internet.
2.2.5. Training courses provided electronically via the Internet.
2.3. The Contractor has the right to change the Calendar of Measures and the terms of the public offer unilaterally at any time without prior agreement with the Customer, ensuring the publication of the changed terms on the Contractor’s Official Website https://stopfail.com/ or on the Contractor’s official website in social networks Facebook (https://www.facebook.com/stopfailenglish/) (hereinafter – the Websites), not later than one day before their introduction into force.
2.4. The Offer is an official document, is legally binding and is published on the Websites.
2.5. The Customer agrees that all possible disputes under this Offer will be resolved in accordance with the Laws of Ukraine.
3. Rights and obligations of the Sides
3.1. Contractor’s Responsibilities:
3.1.1. to provide the Services to the Customer in a timely manner, subject to the terms and conditions of this Offer;
3.1.2. not to distribute the information received from the Customer or other sources, beyond the terms of this Offer, in the course of realization by the Contractor of its obligations under this Offer, according to the current legislation of Ukraine;
3.1.3. immediately inform the Customer about non-compliance of the materials provided by him with the requirements of the Contractor or the current legislation of Ukraine. In this case the term of the Services fulfillment can be postponed by the corresponding term, during which the Customer provided the relevant amendments to the Contractor;
3.2. Customer Responsibilities:
3.2.1. Provide the Contractor with all necessary information related to the provision of the Services in a timely and reliable manner, as well as in full;
3.2.2. immediately transfer to the Contractor all his wishes on the subject of this Offer in writing;
3.2.3. pay timely and in full for the Services;
3.3. The Customer has the right to inform the Contractor of any deficiencies in the provision of the Services.
3.4. The Contractor shall have the right to timely receive information necessary for the provision of the Services.
3.5. The client has the right to reschedule classes up to 3 times per month by notifying the mentor 5 hours before the scheduled class. In this case, the class fee will not be charged. This applies to all courses except for the Start Speaking and Speaking Booster group packages.
If the Client is on vacation or on sick leave (confirmed by a medical certificate), the Provider can freeze the payment for this period.
3.6. The Contractor shall have the right to suspend the performance of the Services with simultaneous notification of the Customer in case of non-compliance by the Customer with any agreements and obligations agreed upon at the conclusion of this Offer (or any other Agreement with the Customer) or in the process of its execution, both in writing and verbally; creation by the Customer for any reason of conditions, both technical and economic, preventing the normal completion of this Offer; failure by the Customer to provide any materials agreed upon at the conclusion of this Offer; failure by the Customer to provide any materials for the performance of the Services; failure by the Customer to provide any materials agreed upon at the conclusion of the Agreement with the Customer; failure by the Customer to provide any materials for the performance of the Services; failure by the Customer to provide any materials for the performance of the Services In the above paragraphs, if the reasons for the suspension of the Offer are not eliminated, the contract-Offer may be terminated (through the fault of the Customer). The results of the performed work in this case are not transferred to the Customer. Re-establishment of the Services is performed only after the Customer eliminates the reasons that led to the suspension of the Services. The period of performance of the Services shall be automatically extended for the period of downtime.
4. Liability of the parties
4.1. In no event shall the Contractor be liable for:
- (a) Any action/inaction resulting directly or indirectly from the action/inaction of any third parties;
- b) any indirect damage and/or loss of profit of the Customer and/or third parties, regardless of whether the Contractor could have foreseen the possibility of such damage or not;
- c) use (inability to use) and any consequences of the Customer’s use (inability to use) of the chosen form of payment for the Services under this Offer.
4.2. In case of non-fulfillment or improper fulfillment by one of the Parties of their obligations in connection with this Offer, the Parties shall be liable in connection with the applicable laws of Ukraine.
4.3. In case of any claims, disputes, application of penalties from third parties and/or controlling authorities, related to the performance of the Services in accordance with this Offer, the Customer considers and resolves these issues independently, without involving the Contractor, and also undertakes to compensate the Contractor in full any losses, expenses, including penalties caused by violation of the above-mentioned rights, guarantees, etc., without delay.
4.4. The Contractor shall not be liable for actions (or inaction), as well as decisions of state and other authorities related to the execution of this Offer.
4.5. The Contractor shall not be liable for the increase in the period of performance of the Services, in case of inoperativeness of state and other authorities related to the execution of this Offer.
4.6. If the Customer violates the terms and conditions of the Offer, the Contractor shall have the right to stop providing the Services until the Customer eliminates the violations and/or terminate the Offer by sending a corresponding notice to the Customer to the Customer’s e-mail address specified when sending the Application.
5. Terms and conditions of services
5.1. Consulting services shall be provided in full, subject to one hundred percent (100%) payment by the Client.
5.2. Some courses and events defined by the Contractor may have a test (unpaid) period, the duration of which is not more than 10 (ten) days. After the end of this period, provided that the participation in the course or event continues, participation in certain courses and events is chargeable. Of these, the test period is subject to payment.
5.3. The fact of purchasing consulting services is an unconditional acceptance by the Customer of this Contract-Offer. The Customer who has used the services of the Contractor shall be considered as a person who has entered into contractual relations with the Contractor.
5.4. If the Contractor duly performs its obligations under this Offer, the Customer accepts the completed work.
5.5. If the Customer does not submit his written claims to the Contractor within seven (7) days after the completion of the course, the work shall be deemed accepted. The absence of such a written claim means that the services have been provided on time and in proper quality.
5.6. The Contractor reserves the right to make a record of the events held.
5.7. The Client consents to the recording of sessions with mentors (both group and individual). The recording is saved in the chat room for 30 days and can be used by the Client to review and replay specific material. It is prohibited to distribute, publish and use the video recordings for personal purposes without the consent of all parties. (According to Article 21 of the Law of Ukraine «On Information»).
6. Terms of payment
6.1. Payment for the Services shall be made by the Customer in one of the ways offered on the website. The Customer shall choose and use the method/form of payment for the Services at his/her own discretion from the offered options. Security, confidentiality, as well as other conditions of use of the payment method/form chosen by the Customer are beyond the scope of this Offer and are regulated by agreements (contracts) between the Customer and relevant organizations.
6.2. Payment for courses/activities is made via the corresponding link on the course/training page. When paying, the Customer indicates his contact details in a special form on the website page. The Customer is fully responsible for the correctness and reliability of the specified contact details, as it is the contact details that will be used to exchange information. Upon payment under this agreement without billing, the Customer receives an automatic payment confirmation on https://www.stopfail.com and automatically gains access to the training platform.
6.3. The link to take paid courses/distance events is sent to the Customer to the e-mail address specified when making an Application, only after receipt of 100% of the Customer’s funds to the Executor’s settlement account. In case the Customer has paid and has not received the link to take a paid course/distance event in 3 working days after payment – it is necessary to contact the StopFail Support Service at the e-mail address stopfailenglish@gmail.com (hereinafter – Support Service) providing a copy of the payment receipt.
6.4. Information about participation in the in-person event shall be sent to the Customer to the e-mail address specified by the Customer when making the Application within three days after receipt of 100% of the Customer’s funds to the Executor’s settlement account. Further all information about the preparation and holding of the in-person event is also sent to the Customer to the e-mail address specified when making the Application, as well as posted on the website with information about the event. If the Customer has paid and has not received information about participation in the in-person event in 3 working days after payment – it is necessary to contact the Support Service, providing a copy of the payment receipt.
7. Refund terms and conditions
7.1. The client has the right to refuse to provide the paid consulting services and request a refund in the following cases:
7.1.1. For a paid in-person event (course) a refund in case of cancellation is made at least 14 days before the event. In some cases, the refund is made at least 30 days before the event, about which additional information is provided in the terms of payment for the respective event. The Contractor has the right to deduct the cost of transaction fees for refunds, if the payment was made using electronic payment acceptance systems.
7.1.2. For a paid distance course, no later than the second day of any course. The refund is made within 7 (seven) days from the date of receipt by the Executor of the application for refund to the Support Service. The Executor has the right to deduct the cost of transaction fees for the refund, if the payment was made using electronic payment acceptance systems. If the application is received later than the second day of the paid course, the funds will not be refunded. In a written request, the Customer indicates the name of the course, the date of payment and undertakes to indicate the reason for requesting a refund.
7.2. The Contractor reserves the right to suspend the Customer from the event without the right to a refund in case of violation of the rules of behavior at the event, namely: inciting interethnic conflicts, distracting participants from the topic of the event, spam, advertising, foul language, rudeness, images of the host, staff or participants.
7.3. For the distance courses and activities defined by the Contractor, subject to the Customer’s written application to the Support Service, a sabbatical leave (the so-called freeze period) is valid. The maximum period of the study leave is 30 calendar days per semester. During the sabbatical period, unused funds are frozen on the Customer’s balance. To activate a sabbatical leave, the Customer must contact the Help Desk to request a sabbatical leave. Sabbatical leave activation cannot be done on a past date. Sabbatical leave activation occurs either from the date Support Services receives the request for sabbatical leave or from a future date. Upon completion of a sabbatical leave, equal to a maximum of 30 days per semester, the previously paid sabbatical period is activated and the Customer’s balance is debited. If the Customer does not use the activation of the previously paid study period after the study leave, the Executor has the right to consider the study period as fully used by the Customer and assign the Customer the status of “Dropout”. Renewal of services to the Customer is provided on the basis of a new request through the Executor’s resources or a letter to the Support Service. In this case, the terms and tariffs in effect at the time of service renewal are applied.
7.4. The monetary funds paid by the Customer, but not used by him/her within the selected service and its provision terms, are on the Customer’s balance, which he/she can use to pay for any other services of the Executor within one month in accordance with clause 2.2. If the Customer has not used the previously paid funds within one month, the Executor has the right to consider the provided services as properly and in full.
8. Term of validity, change of conditions and termination of the Offer
8.1. The Offer is valid from the moment of its publication in the Internet on the website, comes into effect from the moment of acceptance of the offer by the Customer and is valid until the Executor performs the Services according to this Offer.
8.2. All amendments and additions to this Offer shall be valid only in the case of a written document certified by signatures and seals of authorized representatives of the Parties.
8.3. The Offer may be terminated with the consent of the Parties.
8.4. In case of material breach of the Offer terms by one of the Parties, the other Party shall be entitled to unilateral termination of the Offer, which shall be notified in writing to the Party that violated the terms of the Agreement at least 14 calendar days in advance.
8.5. In case of termination of the Offer or termination of the validity period, all electronically available information of the Customer shall be stored by the Contractor for the period regulated by internal documents.
8.6. The present offer can be changed by the Contractor unilaterally for all its clients with simultaneous publication of the new version on the website, as well as with notification of all clients of the Contractor by e-mail. In case of disagreement of the Customer with the changes made, a separate written agreement shall be concluded, in which disputable issues will be settled.
9. Guarantees
9.1. Except for the warranties expressly stated in the text of the Offer, the Contractor makes no other express or implied warranties under this Offer.
9.2. By agreeing to the terms and conditions (accepting the terms and conditions) of this Offer, the Customer assures the Contractor and warrants to the Contractor that:
9.2.1. In case the Customer provides the Executor with unreliable data or materials, the Customer bears full responsibility (including property) for any negative consequences associated with the provision of Services by the Executor under this Offer;
9.2.2. The Customer enters into the Offer voluntarily, with the Customer acknowledging:
- (a) fully familiarizes himself with the terms and conditions of the offer,
- b) fully understands the subject matter of the Offer,
- c) fully understands the meaning and consequences of his actions on conclusion and execution of the offer.
9.2.3. The Customer shall have all rights and powers necessary for the conclusion and execution of the offer by the Customer.
9.3. All information provided in connection with the execution of the Offer is confidential. The parties undertake not to disclose it to third parties and not to use it for any purposes not provided by the offer.
9.4. The validity of the guarantees specified in the Offer extends for an unlimited period of time and does not expire after the termination of this Offer.
10. Force majeure
10.1. The Contractor and the Customer shall be released from non-fulfillment or improper fulfillment of their obligations under the current Offer, if such non-fulfillment or improper fulfillment is a consequence of force majeure circumstances (force majeure), which occurred after the conclusion of the current Offer, having extraordinary nature, and that the Contractor and the Customer could neither foresee nor overcome the accepted means. Such circumstances include: floods, fire, earthquake and other natural phenomena, as well as war, hostilities, strikes, acts or actions of competent authorities, public authorities and any other similar circumstances beyond the control of the Parties.
10.2. If circumstances of force majeure continue for more than 3 months, each of the Parties shall have the right to terminate this Offer.
11. Other conditions
11.1. The Offer, its conclusion and execution are regulated in accordance with the current legislation of Ukraine. All issues not settled by the Offer or not fully settled shall be regulated in accordance with the substantive law of Ukraine. In case of disagreements between the Customer and the Contractor on the Offer, which cannot be resolved through negotiations of the Parties, shall be regulated in the manner prescribed by the current legislation of Ukraine.
11.2. The Offer represents the entire agreement between the Contractor and the Customer. The Contractor does not assume any conditions and obligations on the subject of the Offer, except those specified in the Offer and the confirmed Application governing the Offer, unless such conditions or obligations are fixed in writing and signed by the Contractor and the Customer. . In the event that any terms of the Appendices or the Application are inconsistent with the terms of the Offer, the provisions of the Offer will prevail.
11.3. If any condition of the Offer is held to be invalid or illegal or cannot be given effect under applicable law, such condition shall be severed from the Offer and replaced by a new provision, to the maximum extent consistent with the original intentions contained in the Offer, with the other provisions of the Offer unchanged and remaining in full force and effect.
12. Details of the Contractors
Individual – Koroid А. О.
Adress: UA 50025 Dnipropetrovsk region, Kryvyi Rih city, Almazna street, 27/4
Bank details:
JSC CB “PrivatBank”
Recipient: Koroid Anastasia Olehivna
(ИНН) USREOU of recipient: 3374410828
IBAN (UAH): UA713052990000026008030406408
IBAN (USD) UA233052990000026003030408315
Oficial website: https://www.stopfail.com/
E-mail: stopfailenglish@gmail.com
