Public Offer Agreement
The individual entrepreneur Yaremenko Anna Oleksandrivna, from now on the "Executive", acting based on an extract from the unified state register of legal entities and individual entrepreneurs (according to the Georgian Law) B19114811 dated 10.22.2019, on the one hand, and the physical person, from now on according to the text of the contract "Client", on the other hand, and together - the Parties, concluded this Agreement providing advisory and information services on the following:
1. ВИЗНАЧЕННЯ І ТЕРМІНИ
1.1. For this document, the following definitions and terms are used as follows:
1.1.1. The Client is a non-disabled physical person who has reached the age of 18 and has the legal right to enter into legal relations, including entering into this Agreement. The client is the customer of services under this Agreement on providing advisory and information services within the meaning of the Civil Law of Georgia.
1.1.2. Consultative and informational services are coaching services (individual and group) and training services. The parties understand that coaching services are not psychotherapy services.
1.1.3. The Executor is a Coach, a certified specialist, a practical psychologist and a coach and has the right to conduct professional activities.
2. SCOPE OF THE CONTRACT
2.1. The Executor provides Services to the Client, and the Client undertakes to accept and pay for them in the amount and under the conditions specified by this Agreement and its annexes.
2.2. Together with the services, the Executive provides an information product in the form of author training, webinars, audio, video, text materials, and group and individual consultations of the Executive. Georgian Law protects any information product received from the Executive in the field of intellectual property.
2.3. The total number, characteristics, type and cost of the Services to be received by the Client are agreed upon and set out by the Parties in the appendices, which are an integral part of this Agreement.
2.4. When providing Services under this Agreement, the Executive has the right to engage specialists with the necessary qualifications. The executor is responsible only for the availability of specialists with appropriate qualifications.
3. RIGHTS AND DUTIES:
3.1. The Client has the right to:
3.1.1. To request information from the Executive on issues related to the organization and ensure the proper performance of the Services provided for in clause 2.1 of this Agreement, as well as other information regarding the rights and interests of the Client under this Agreement.
3.1.2. Send questions or messages to the Executive about the procedure for providing/receiving services to the Contractor's e-mail address: yaremenkoani@gmail.com
3.1.3. To receive Services of the appropriate quality and volume within the terms and in the manner specified by this Agreement and its Annexes.
3.1.4. Suspend the service provision process by the Executive by sending a letter to the Executive's e-mail address indicating the reason and terms of suspension of receiving the Service following clause 4.7. Agreement. The Client understands and agrees that the resumption of the service provision process by the Executive will be carried out after deciding on the scope and other characteristics of the Services that were or will be provided to him. The Executive reserves the right to change the name and/or order of the Service.
3.1.5. Prematurely and unilaterally refuse to perform the Agreement, which entails terminating the provision of Services by the Executive. Such termination is possible through a written notification to the Executive's e-mail fifteen days before the intended termination of the Agreement. When issuing a refund, the amount for the number of coaching sessions already completed by the Client, the service fee and the bank's commission for the movement of funds, depending on the bank/payment system, are withheld. The deadline for refunding the Client's funds is fifteen calendar days from receipt of written notice and resolution of this issue with the Contractor.
3.1.6. Send a claim to the Contractor's e-mail regarding the number and order of receiving Services.
3.2. The Client is obliged to:
3.2.1. Provide accurate and reliable information about yourself, including your phone number and email address, to communicate with the Executor.
3.2.2. Familiarize yourself with the terms of this Agreement, the procedure and conditions for the provision of Services (Schedule of provision of services, cost of services and payment procedure), privacy policy and protection of personal data.
3.2.3. Comply with the copyrights of the Executor, as well as third parties who have copyrights for the Services and information products that will be provided to the Client.
3.2.4. Inform the Executor about the impossibility of receiving the Service for technical reasons by sending a letter to the Executor's email: yaremenkoani@gmail.com or a message via the Telegram mobile application as soon as possible, but no later than a day (24 hours) before the date of provision of the Services according to the Schedule. The Service is considered to have been provided if these requirements are unmet.
3.2.5. Observe the rules of conduct; do not show disrespect, rudeness, or any kind of discrimination, including inciting international, cultural, ethnic, gender, racial, political, or religious conflicts, spreading spam, placing advertisements of any content; refrain from obscene expressions and general prizes. , or the image of other persons who receive Services simultaneously as the Client.
3.2.6. Do not post commercial advertising, commercial offers, campaign information and any other intrusive or offensive information on the website and in your account, in Telegram chats, access to which is provided for obtaining Services, except in cases where the posting of information is agreed with the Executor.
3.3. The Executor has the right to:
3.3.1. To receive payment for the Services on the terms, in the amount and the order specified by this Agreement and its Annexes.
3.3.2. Terminate the provision of Services or terminate the Agreement unilaterally in case the Client violates the terms of the Agreement and its Appendices.
3.3.3. To fix the procedure and process of providing Services to the Client without prior Agreement with the Client.
3.3.4. Do not return the funds received if the Client has paid for the services but has yet to fulfil clause 3.2. Agreement or breached the privacy policy.
3.3.5. Provide Services only if the Client has paid for the Services on time and in total by the terms of the Agreement and its annexes. If the Client delays payment for more than five calendar days, the Executor has the right to terminate the Agreement unilaterally.
3.3.7. Send electronic messages of an advertising and informational nature to the Client.
3.3.8. To charge the Client for damages caused by violation of the terms of this Agreement.
3.4. The Executor is obliged to:
3.4.1. To provide Services of appropriate quality, in the order, on time, on the terms and to the extent stipulated by this Agreement and its Annexes.
3.4.2. Provide Services by the Service Schedule's specified time and day.
3.4.3. Provide the Client with reliable information about the services he provides.
3.4.4. The Contractor undertakes to maintain confidentiality regarding the circumstances that became known to the Contractor in connection with the execution of this Agreement, including the provision of services to the Client within the framework of this Agreement; about the content of communications with the Client; about the Client's contact details.
3.4.5. Return the funds or their part to the Client by Clause 3.1.5 of the Agreement.
3.4.6. Store and protect the Client's personal data by the current Law of Georgia;
3.4.7. To comply with the protection rules, process and transfer the Client's data by Georgian Law.
3.4.8. To consider the Client's claims regarding the return of payment for the Services and to satisfy them if there are grounds provided for in clause 5.5. the real deal.
4. TERMS AND CONDITIONS OF SERVICE PROVIDING
4.1. After concluding the Agreement and its annexes, the Client sends scanned copies/photocopies of this Agreement with all annexes to it with the Client's signature on each page to the Executor's e-mail yaremenkoani@gmail.com or via the Telegram mobile application within two calendar days.
4.2. Services are provided to the Client by the Service Provision Schedule agreed by the Parties (Appendix No. 1).
4.3. Any information product is the Executor's intellectual property; use outside the terms of the Client's contract is prohibited. The Client is also prohibited from copying and reproducing the programs' contents in any way or transmitting their contents in any way.
5. PAYMENT PROCEDURE
5.1. The Client pays for the Executor's Services at the prices and in the order specified in the Appendix to this Agreement.
5.2. The fact of payment for the Services indicates the unconditional acceptance by the Client of the conditions specified in this Agreement and its annexes. If, after receiving the Services and full payment/partial payment for the Services, the Client has not sent a Claim to the Executors' email address, the Services (part of the Services) are deemed to have been provided in the amount in which payment was made for them.
5.3. Payment is made by transferring funds to the Executor's current account and through PayPal and Bank of Georgia payment systems.
5.4. The payment date of services is the date of crediting funds to the Executor.
5.5. A full refund of paid funds to the Client is carried out upon a written substantiated application of the Client, provided that the provision of services is provided for in clause 2.1. did not start with the Executor's fault.
5.6. A partial refund of the paid funds is carried out at the Client's written request, where it is emphasized that it is impossible to continue receiving the Services (for example, in connection with a significant weakening of the state of health). In this case, the amount for the number of sessions that have already been used by the Client, as well as the service fee and the bank's commission for the movement of funds, depending on the bank/payment system, is deducted from the refund.
5.7. In all other cases, funds are not returned, and the Service is considered to have been provided, including in the absence of the Client, on the day and time specified by the Schedule for any reason not agreed in advance with the Executor.
6. RESPONSIBILITIES OF THE PARTIES
6.1. The Parties shall be liable for non-fulfilment or improper fulfilment of their obligations under this Agreement by the current Law of Georgia.
6.2. A violation of an obligation is its non-fulfilment or improper fulfilment, that is, fulfilment in violation of the conditions defined by the content of this Agreement.
6.3. The Party is not responsible for the breach of the Agreement if it occurred through no fault of the Party.
6.4. The Party is considered innocent and is not liable for breach of the Agreement if it proves that it has taken all measures dependent on it to implement this Agreement properly.
6.5. The Executor responds:
6.5.1. For violation of the terms of provision of services by clause 2.1. Contract in the form of a fine amounting to 10% of the total cost of services.
6.6. The Client responds:
6.6.1. For a one-time violation of the Privacy Rules, which led to a violation of copyright or other related rights of the Contractor, the Client shall pay a fine amounting to 100% of the total cost of the Service.
6.6.2. For violation of the Privacy Rules, which caused a violation of copyright or other related rights of the Executor, the Client is responsible by the current legislation of Georgia.
6.6.3 For violation of the Privacy Rules, regardless of the amount of damage (damages) caused to the Executor, the Client shall compensate the Executor for the entire amount of damage (damages), including the amount of lost income and moral damage, and in case of violation of the rights and interests of third parties - personally bears full responsibility to such persons.
6.7. The Parties reserve the right not to apply penalties. Payment by the Party of fines defined by this Agreement and (or) the legislation in force in Georgia does not release it from the obligation to fulfil its obligations.
6.8. The parties agreed to establish all claims under this Agreement, including claims for compensation for damages, claims for fines (penalties, etc.), and a 5 (five) year statute of limitations.
7. RESOLUTION OF DISPUTES
7.1. All disputes and disagreements that arise between the Parties under this Agreement or in connection with it and which cannot be resolved by the Parties through negotiations shall be resolved in court under the established jurisdiction and jurisdiction of such a dispute by the current legislation of Georgia, with placing all court costs on the guilty person.
8. TERMINATION OF THE AGREEMENT
8.1. This Agreement may be terminated at the unilateral request of one of the Parties in the cases stipulated by this Agreement.
8.2. The Executor by clauses 3.3.2. and 3.3.6. The Agreement has the right to unilaterally terminate it by sending a notice of its decision to the Client's address together with the Act of provision of services, confirming the list of services actually provided. In the event of termination of the Agreement due to the Customer's violation of the Privacy Rules, the funds previously paid by the Customer shall not be returned.
8.3. The Client by clause 3.1.5. The Executor has the right to unilaterally terminate the Contract by sending a notice of his decision to the address of the Executor. The Executor sends an Act of completed works confirming the services provided.
8.4. In case of early termination of the Agreement by mutual Agreement, the settlement between the Parties is carried out according to the obligations fulfilled.
8.5. The deadline for consideration of a proposal for early termination of the Agreement, making decisions based on them and carrying out mutual settlements between the Parties is set within 15 (fifteen) calendar days from receipt of such proposal.
8.6. This Agreement may be terminated in the event of termination of one of the Parties' activities, liquidation, death, severe illness, or other reasons provided for by current legislation.
8.7. The Agreement is considered prematurely terminated if each Party fulfils clauses 8.2.-8.6. of the Agreement.
8.8. Early termination of the Agreement does not release the Parties from responsibility for its violation, which occurred during the validity of this Agreement.
9. FORCE MAJEURE OR CIRCUMSTANCES OF FORCE MAJEURE
9.1. The Party shall be exempted from the responsibility defined by this Agreement and (or) the Law of Georgia for a full or partial breach of the Agreement if it proves that such breach occurred as a result of force majeure circumstances, provided that their occurrence was certified by the established procedure.
9.2. In this Agreement, force majeure means the action of irresistible forces that arose regardless of the will and desire of the Party, the occurrence of which the Party could not foresee and which could not be prevented. They include, but are not limited to, such extraordinary and unavoidable events and circumstances as: the threat of war, armed conflict or the serious threat of such conflict, including but not limited to enemy attacks; blockade, military embargo, foreign enemy action, general military mobilization, military action, declared and undeclared war, public enemy action, indignation, acts of terrorism, sabotage, piracy, disorder, invasion, blockade, revolution, mutiny, insurrection, riot, introduction curfew, expropriation, forced seizure, seizure of enterprises, blockade, strike, accident, illegal actions of third parties, fire, explosion, lengthy interruptions in the operation of transport, regulated by the conditions of relevant decisions and acts of state authorities and closure of sea channels, prohibition (restriction) export/import, etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake , lightning, drought, subsidence and landslide, other natural disasters, etc., and other phenomena and actions that make impossible or significantly interfere with the fulfillment of the terms of this Agreement by the Parties.
9.3. The Party that intends to refer to force majeure circumstances must immediately, but no later than 3 (three) days after the occurrence of such circumstances, notify the other Party of the existence of force majeure circumstances and their impact on the performance of this Agreement, and provide a document, which confirms the days from the moment of notification. Force majeure circumstances must be duly certified by the established procedure by the Chamber of Commerce and Industry of Georgia.
9.4. If force majeure circumstances and (or) their consequences temporarily prevent the performance of this Agreement, then the performance of this Agreement is suspended for the period during which it is impossible.
9.5. Force majeure circumstances do not release from the obligations to pay for Services provided on the date of force majeure circumstances.
9.6. In any case, the Parties shall make mutual settlements as part of the obligations fulfilled under the Agreement (payment for services received, etc.).
10. BANK ACCOUNT DETAILS OF EXECUTOR
Anna Oleksandrivna Yaremenko, an individual entrepreneur
National State Registry Agency of the Ministry of Justice of Georgia, registration 10/22/2019 09:25:01
The identification number of the individual entrepreneur is 312749167
Address: Georgia, Kutaisi, st. Muskhelishvili, N 2, sq. 26
IBAN GE10TB7990736110100009 Beneficiary’s Bank JSC TBC Bank Tbilisi, Georgia Swift: TBCBGE22
Phone: +995 591340934
E-mail: yaremenkoani@gmail.com