By obrizan on May 4, 2017
Kharkiv, Ukraine
Business Entity: Sole Proprietor Volodymyr Ihorovych OBRIZAN, TIN 3055516250, represented by Director Volodymyr Ihorovych ObrIzan, on one side,
and
The Customer, a citizen whose details are specified in the respective field as the payer who pays for the services provided in accordance with the terms of this Agreement, on the other side.
Each individually referred to as a “Party”, and jointly – the “Parties”, have entered into this Agreement on the provision of information services (hereinafter referred to as the “Agreement”) regarding the following:
1.1. This Agreement is a public contract within the meaning of Article 633 of the Civil Code of Ukraine.
The procedure for its conclusion is governed by Article 642 of the Civil Code of Ukraine.
The publication of this Agreement on the webpage https://first.institute/public-offer/ constitutes a public offer to enter into a contract under the terms set forth therein.
1.2. According to Article 642 of the Civil Code of Ukraine, this Agreement is considered concluded from the moment the Customer accepts the offer (acceptance).
Preliminary consent to the offer is considered to be the completion of an Application, the access conditions of which are posted on the Contractor’s website https://first.institute/.
Filling in and submitting such an Application does not constitute entering into this Agreement, but confirms the applicant’s (potential Customer’s) acquaintance with and acceptance of its terms.
Unconditional acceptance of the offer is considered to be the payment made to the Contractor’s bank account indicated in the issued invoice for the service cost.
1.3. The Agreement concluded by the Customer by accepting the public offer has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to a written agreement.
1.4. This Agreement is also considered an adhesion contract under Part 1, Article 634 of the Civil Code of Ukraine, the terms of which are set by one party in forms or other standard formats and can only be concluded by joining the entire Agreement. The second party may not propose its own terms.
1.5. The Customer’s actions indicating a desire to enter into the Agreement—namely, full or partial payment for the services—constitute full and unconditional acceptance (acceptance) of the Agreement’s terms under Article 642 of the Civil Code of Ukraine.
1.6. A written copy of this Agreement may be provided at the Customer’s request or printed by the Customer from the official website: https://first.institute/uk/public-offer.html
1.7. The Customer confirms that prior to concluding this Agreement, they were fully and properly informed about all of its provisions and accepted them voluntarily and without coercion.
1.8. Each Party guarantees that it has the necessary legal capacity, rights, and authority to enter into and perform this Agreement.
The Customer also confirms that no circumstances exist that would render this Agreement void. All risks and liability for the Agreement being deemed invalid rest with the Customer.
2.1. Under this Agreement, the Contractor undertakes to provide Python programming language qualification improvement services as specified in the Customer's Application, and the Customer undertakes to accept and pay for them.
2.2. The purpose of the services is to enhance the Customer’s educational qualification.
2.3. Services are provided in stages at specific times and dates, according to a schedule communicated in advance to the Customer. A time-bound service stage is referred to as a “lesson”, and a group of lessons is a “course”.
2.4. One lesson lasts 1.5 hours. A full course includes at least 24 lessons unless otherwise stated on the website. Lessons are held twice a week per the agreed schedule.
2.5. The lesson location is agreed upon separately with the Customer.
2.6. When filling in the Application, the Customer specifies the desired period for participation, within the limits of the Program dates indicated on the Contractor’s website.
If no Application is submitted, it is considered that the Customer selected the course paid for, as specified in the invoice.
2.7. The Parties may mutually agree to a different service delivery procedure than provided in this Agreement.
4.1. The price of this Agreement equals the total cost of services provided.
4.2. The total cost is listed on https://first.institute and depends on the selected course.
It is converted into UAH using the USD commercial purchase rate from https://privat24.ua.
4.3. If full payment is not made within the established term, the Agreement is considered not concluded.
4.4. In case of late payment, the Contractor and Customer review each case individually.
Depending on circumstances and the Parties' intent, a third party (on whose behalf the Agreement was signed) may:
- receive full services if payment was confirmed before the next scheduled lesson;
- receive partial services without price recalculation if payment was confirmed after the next lesson;
- participate in the next similar course.
Funds received are non-refundable.
5.1. The Customer pays for services by using the auto-generated invoice on https://liqpay.ua or another agreed method.
6.1. The Contractor is not liable for non-performance due to reasons beyond its control (e.g., the Customer’s lateness, actions of third parties, government acts, force majeure such as war or natural disasters).
6.2. For delayed payment, the Contractor may charge a penalty equal to double the NBU discount rate for each day of delay.
7.1. Changes and additions are made via supplementary agreements signed by both Parties.
7.2. Any legal relations not governed by this Agreement are subject to Ukrainian law.
7.3. This Agreement is written in Ukrainian and constitutes a public adhesion contract.
7.4. The invalidity of any provision does not affect the validity of the Agreement as a whole.
7.5. In case of inconsistency with Ukrainian law, the Parties are guided by applicable legislation.
7.6. By signing this Agreement, the Customer (and any third party represented) gives clear consent for the Contractor’s authorized personnel to process their personal data in accordance with the Law of Ukraine "On Personal Data Protection".
The data subject has been informed about the data owner, collection purpose, data content, rights, and recipients.
7.8. The Parties agree that a separate act of service acceptance is not required.
Services are deemed fully and properly delivered if the Contractor receives no written claim within 7 days after the last scheduled lesson.
7.9. The Agreement takes effect upon full payment by the Customer and remains in force until all obligations are fulfilled.
The Contractor’s banking details are specified in the issued invoice depending on the service location.