Public offer
This Agreement is a public offer contract, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for everyone, regardless of status (natural person, legal person, natural person - entrepreneur). Upon full agreement with this Agreement, Users accept the terms of this Offer.
In accordance with Art. Art. 638, 641 of the Civil Code of Ukraine, the Agreement is a public Agreement and in the case of acceptance of the conditions set forth in the Offer (acceptance), a natural or legal person becomes a Customer under the Agreement and undertakes to fulfill the terms of this Agreement and its annexes, which are an integral part of it. capacitive part The contract is concluded by acceptance of the Offer by the Customer, in the order specified by the Offer.
The real offer is addressed to any (unspecified group of persons) (hereinafter the "Customer") and is a public offer of the person of the Contractor to conclude a contract for the provision of services, posted on the Internet at bendas.agency and can be sent to the Customer's e-mail (Contract) on the following conditions:
Definitions and terms
The administration of the Site is the "bendas.agency" company, represented by an individual entrepreneur Vadim Andriyovych Bondarchuk (registration number RNOKPP 3560308873).
Visitor - any person who has access to the Service via the Internet and uses the Site.
The owner of the Site - the company "Bendas.agency", represented by a natural person-entrepreneur Vadim Andriyovych Bondarchuk (registration number RNOKPP 3560308873), is a provider of intermediate services in the information field within the meaning of the Law of Ukraine "On Electronic Commerce" and is not the initiator of the transfer of information.
Additional services - other services, the list and cost of which are posted on the Site.
The Customer is a person who has accepted the terms of this Agreement and becomes a Customer of the Contractor's services under the concluded agreement. The customer can be any capable natural person who has reached the age of 18, who intends to receive the services of the Contractor in the manner and under the conditions specified in this Agreement.
The executor is the company "Bendas.agency", represented by an individual entrepreneur Vadim Andriyovych Bondarchuk (registration number RNOKPP 3560308873). The name of the Contractor is indicated in the invoice or in other documents for payment of Services.
Services - paid, personal access to services, guides and instructions, as well as to tools for use by the Customer.
Privacy policy - terms of working with confidential information on the Site, which is an integral part of this Agreement and is posted at the link: https://bendas.agency/terms-of-use/.
The site is a set of software and hardware tools, the result of computer programming in the form of Site(s), which are located on the Internet at the following addresses: https://bendas.agency/. and owned by "Bendas.agency". The content of the Site is protected by copyright, trademark laws, as well as other rights related to intellectual property and unfair competition laws.
Public offer (hereinafter - "Agreement", "Offer") - the Contractor's offer to enter into an Agreement on the terms and in the order specified by this Offer, is directed to an unspecified number of individuals. According to Art. 633, 641 of Chapter 63 of the Civil Code of Ukraine (hereinafter referred to as the "CC"), this offer is a public contract and its conditions are the same for all consumers.
Acceptance of the offer - full and unconditional acceptance of the terms of the offer by the Customer by performing the actions indicated in clause 2.5. Offers. Acceptance of the offer means conclusion of the Agreement.
The Agreement may use terms and definitions that have not been defined above. In such case, the interpretation of such term and/or definition is carried out in accordance with the text. In the absence of an unambiguous interpretation of the term and/or definition in the text of the Offer, the legislation of Ukraine should be used.
Scope of the contract
The contract is concluded between the Contractor and the Customer of services in the form of a contract of accession.
This Agreement is a public Agreement with an offer (hereinafter - the Agreement), which is considered concluded between the Contractor and the Customer, from the moment of Acceptance by the latter, without exception of the terms and conditions of this Agreement.
In accordance with the procedure and conditions specified in this Agreement, the Contractor undertakes to provide the Customer with services, and the Customer undertakes to accept and pay for the Services provided.
The Customer accepts the Agreement after reading its terms and conditions posted on the Site by performing any of the following actions individually or collectively:
Completion by the Customer of an application for payment of the Service;
Payments by the Customer in full.
The written form of this Agreement in accordance with the Law "On Electronic Commerce" can additionally be confirmed by sending an e-mail.
A detailed list and cost of Services is posted on the Site.
The performer does not carry out educational, teaching or pedagogical activities (activities that are subject to licensing) and does not provide educational services, does not issue any certificates, diplomas, etc.
If no other written contract or agreement has been concluded with you, your contract with the Contractor always includes the Terms and Conditions set forth in this document (hereinafter referred to as "General Terms").
Because we provide many different Services, some of them may have additional terms, hereinafter referred to as "Additional Terms". In this case, the Additional Terms are part of this Agreement.
Additional terms of the Agreement are listed in the relevant sections of the Site, on the pages of ordering Services or sent to you by electronic messages in the form of e-mails, receipts, invoices and any other electronic messages.
Your Agreement with Bendas.agency always includes the following conditions: description of the service package, term and method of providing services and their cost - hereinafter "Special conditions".
Special conditions are published directly on the pages of the website https://bendas.agency with a description of the product (service) on our website or sent to you by messages that are part of this Agreement.
We reserve the right to change or introduce any additional and special conditions of the Agreement that are mandatory for implementation.
By using the site and ordering the services offered on the site, you accept the offer and enter into a contract with us on the terms set forth in this document. Acceptance of an offer is equivalent to concluding a bilateral agreement in a simple written form (Part 2 of Article 640 of the Civil Code of Ukraine).
Acceptance of an offer to conclude a contract occurs by taking an action that indicates acceptance of the terms of the contract on the service order page on our website; by paying the bill or invoice issued to you by the payment system; actual use of the company's services.
Acceptance of the offer means that you unconditionally accept all the terms of the contract. If you do not agree with them, leave our Site and stop using the Services.
Cost of services
The cost of the Services depends on the Service chosen by the Customer. The price is indicated either on the Contractor's Website or in the registration form when completing the Application on the Website or in the invoice for payment, which is sent to the Customer after completing the Application.
The Contractor has the right to unilaterally change the cost of the Program until the moment of payment by publishing a new price on the Site or in the registration form.
The customer makes payment in the format of 100% advance payment.
By agreement of the Parties, the Customer may be granted the right to make payment in installments.
The date of acceptance of the Offer and conclusion of the Agreement is the date of payment for the Services and crediting of funds to the Contractor's account, as well as the date of signing the invoice by the Customer.
Payment for Services is made by transferring funds to the current account of the Contractor or using a payment system (Internet acquiring). The payment methods for the selected Service are specified on the Site or in the payment invoice, which is sent to the Customer after completing the Application for the purchase of the Program.
The service is considered paid from the moment funds are credited to the current account of the Contractor.
In case of payment of the Service in installments and failure to pay any part of the payment within the stipulated period, the Contractor has the right to deny the Customer access to the relevant Program without refund of the paid funds.
Refunds to the Customer are possible only within 7 days from the day of payment for the Services.
Ordering services
By using the Site or Services, you accept the Terms and our Privacy Policy, which is posted at https://bendas.agency/terms-of-use/.
Please read this document carefully before ordering, paying or using the services. If you do not agree with their content, please leave the site and stop using our services.
If you have registered on the site or placed an order for the services offered on the site, or you actually use our services, you agree that we can send you e-mails and messages that contain advertising information: advertising mailings, information about services and our promotions (or promotions of our partners) at the phone number and e-mail address specified by you when registering or placing an order. If necessary, you can always refuse to receive them.
You agree that you will not engage in activities that disrupt the functioning of the site, the Services or related servers and networks, as well as activities that may bring the business reputation of Bendas.agency into disrepute.
You assume full responsibility for the violation of your obligations stipulated in the Terms of the Agreement, as well as for all the consequences of these violations.
Unauthorized use of the Services in this Agreement means the use of the content of the Site in ways other than those provided for by the non-exclusive license granted by the Contractor to the Customer.
Access to view the content of the Site, as well as the Services, is granted after payment, by the appearance of a corresponding link for downloading the video course to the user's device in the User's Personal account, or in another way.
The customer independently provides himself with a user device, and is responsible for its operation (including software installed on his own devices), as well as independently provides himself with access to the Internet.
The Contractor is not responsible for displaying content on the Customer's devices, if the impossibility of playing them on the devices is due to the non-compliance of the devices with the minimum technical requirements. At the same time, the Contractor is not responsible for the impossibility of downloading the content of the Site purchased by the Customer to the user's device, due to the low speed of the Internet connection used by the Customer to download the content, or other obstacles related to the Internet.
The content is determined by the Contractor and must correspond to the description of the Service presented on the Site.
Rights and duties
The customer has the right to:
- Receive from the Contractor information about the Services, the terms of their provision by calling the telephone numbers indicated on the Site, or by sending a corresponding request to the e-mail address indicated on the Site, or through the feedback form.
- Get access to the Services offered by the Contractor, subject to full compliance with the terms of this Agreement.
- Ask the Contractor for a refund, if such a refund is possible under the terms of this Agreement.
- In case of problems, the Customer can contact the Contractor's Support Service by e-mail, working from Monday to Friday from 09:00 to 18:00 at the following address: [email protected].
- Use the Services exclusively in compliance with the terms of this Agreement.
The customer undertakes:
- Provide the Contractor with up-to-date information on means of communication for sending informational materials, as well as for the Contractor's communication with the Customer within the framework of providing access to the Services in accordance with this Agreement.
- Pay for access to the Services in full in the order and terms stipulated in this Agreement.
- Provide reliable information about yourself in the process of filling out the Application.
- Independently and in a timely manner familiarize yourself with the information about the time, date, cost and conditions of the provision of Services, which is posted on the Site.
The customer is prohibited from:
- Use the information received from the Contractor, including (without limitation) for the purpose of creating a similar and/or competitive Service or service, or for the purpose of obtaining commercial or financial benefit without prior agreement with the Contractor.
- Transfer and/or provide access to the Programs to any third parties, as well as acquire access to the Service jointly with third parties.
- To allow the dissemination of unreliable, false information, information that disgraces the honor, dignity, business reputation of the Performer, trainers and other persons, as well as information that incites and calls for international, ethnic, sexual, racial intolerance, enmity, war, change of the state system countries, information, the dissemination of which is prohibited by the current legislation of Ukraine and the norms of international law, depending on the territory of service provision.
- To use the information and materials received under this Agreement for both commercial and personal purposes by transferring or distributing in any way the knowledge received from the Contractor.
The executor has the right to:
- Independently determine the forms and methods of providing access to the Services, taking into account the requirements of the current legislation of Ukraine and the terms of this Agreement.
- Unilaterally determine the cost of the Services and convey this information to the Customer through publication on the Site.
- Temporarily suspend the provision of Services to the Customer for technical, technological or other reasons that prevent the provision of Services, pending the elimination of such reasons. At the same time, the already made payment for the Services is not returned to the Customer.
- Independently determine/change the content, duration, amount of information within the framework of the provision of Services, functionality, and the Site interface.
Involve third parties in the provision of services.
- To receive from the Customer any information necessary to fulfill its obligations under the Agreement.
- Refuse to provide access to the Services or limit access to the Customer without refund of the paid funds in the following cases:
- Provision of inaccurate information by the Customer.
- Send information messages (including advertising) to the Customer's email address. At the same time, such messages must contain a link to opt out of the newsletter, which allows the Customer to independently refuse to receive the newsletter.
- Unilaterally make changes to the terms of the Agreement by posting a new version of the Agreement on the Site.
- Terminate the Agreement unilaterally and delete the Customer's data without warning, if the Customer has not used the functional Site for six months. At the same time, the already made payment for the Services is not returned to the Customer.
- Use the Customer's e-mail address specified during registration for the purpose of sending technical and administrative messages, news, etc.
The performer undertakes:
- Provide access to Programs of appropriate quality in the manner and under the conditions provided for in this Agreement.
- Not to divulge the Customer's registration data, except for the cases stipulated by the current legislation of Ukraine.
- Do not change the cost of Services already paid by the Customer.
- To consider the Customer's proposals for improving the work and quality of the Services.
- Provide the Customer with information about the Services, the terms of their provision.
Guarantees
The Contractor does not provide guarantees for the continuity, security, error-freeness and exact compliance of the Services with the Customer's expectations of the content of the Services and the results obtained by him.
The Customer guarantees that it does not intend to carry out any actions that would harm the business reputation of the Contractor and/or third parties connected by contractual relations with the Contractor, or contradict the legislation of Ukraine, international norms and customs of business turnover; the Customer's actions are aimed at obtaining services and do not contain malicious intent, fraudulent intentions, attempts at unauthorized access and public dissemination of information that is the property of the Contractor.
By agreeing to the terms of the Agreement and accepting its terms, the Customer guarantees that he has provided complete, reliable and up-to-date data, including personal data, when filling out the Application for participation in the Program, entering any registration data and making payment, and does not use other people's data (including personal data).
The parties guarantee that they have the necessary legal capacity and capacity to conclude the Agreement.
Access to the Programs is provided "as is", and the Contractor does not provide the Customer with any guarantees.
The Contractor guarantees the Customer a refund of the funds paid by him for access to Programs or other paid services in accordance with the Contractor's refund policy.
The Contractor declares and guarantees that he owns all and any intellectual property rights to the information displayed on the Site pages and he does not know anything about the intellectual property rights of third parties that may be violated when concluding this Agreement.
Responsibility
The customer is responsible for the accuracy of the information he provided when placing the order.
The Customer assumes all responsibility for the consequences of late reading or not reading the information that he places on the Site by the Contractor.
In case of failure to provide the necessary information, incomplete or incorrect submission of information by the Customer, the Contractor has the right to suspend access to the Services under the Agreement until the Customer submits such information.
In case of non-fulfilment or improper fulfillment of the obligations established by the Agreement, the Parties shall bear responsibility in accordance with the legislation of Ukraine and the provisions of the Agreement.
The Contractor is not responsible for the Customer not receiving services under this Agreement in the event of:
- Provision by the Customer of inaccurate information to fulfill the terms of the Agreement, including, but not limited to, contact information (e-mail, telephones, accounts in messengers), as well as failure to provide information in the event of a change in previously provided information;
- The Customer cannot receive Services for technical reasons beyond the control of the Contractor, in particular, if the Customer does not have access to the Internet due to the actions of telecommunications operators, providers, the influence of computer viruses and/or other malicious programs due to the lack of it necessary software and hardware and/or improper payment for such access.
- The Contractor is not responsible for the operation of certain segments of the Internet, for information exchange violations that occurred as a result of a decrease in the quality of services provided by the Customer's telecommunications providers, malfunctions of any means of telecommunications, disconnections and interruptions in power networks, as well as for delays, interruptions or deterioration in the quality of the provision of Services arising from reasons beyond the control of the Contractor, including, but not limited to: unavailability of servers and/or limitation of their speed by administrators and/or due to any actions and inactions of server administrators, that do not belong to the Contractor or are not under his administration, any technical malfunction in the work of open sources.
Dispute resolution procedure
The parties will try to resolve through negotiations all and any disagreements and disputes that may arise in connection with the implementation of this Agreement. The Customer agrees that for the purposes of resolving such disagreements and disputes between the Parties, the mandatory means of communication is correspondence at the email address: [email protected].
In the event that disagreements and disputes cannot be resolved through negotiations, they are subject to judicial resolution in accordance with the current procedural legislation of Ukraine.
Force majeure
The Parties are released from responsibility for non-fulfillment of obligations, if this non-fulfillment is caused by circumstances beyond the control of the Parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of authorities or management, etc. ., which makes it impossible to fulfill the terms of this Agreement (hereinafter, Force Majeure).
Force majeure is applied, and the Party for whom it occurred is released from responsibility for violating the terms of this Agreement, if there is a written confirmation (conclusion, certificate) of the Chamber of Commerce and Industry of Ukraine about the occurrence of force majeure.
The Party for which the Force Majeure has occurred undertakes to immediately notify the other Party and provide documents confirming the Force Majeure.
From the moment of receipt of such notice by the other party, the fulfillment of the terms of this Agreement shall be suspended for the entire period of force majeure.
In case of force majeure for more than 3 months, each of the parties has the right to initiate the termination of the Agreement.
Miscellaneous
We do not make any guarantees that using Bendas.agency Services will bring you the result you expect - we cannot promise you success.
The specific learning results depend on factors beyond our control, such as changing market factors, your individual learning abilities, conscientious completion of homework and our recommendations, so the results of different customers can vary greatly when using the same services.
The contract, its conclusion and execution is governed by the current legislation of Ukraine. All issues not regulated by the Agreement or not fully regulated are regulated in accordance with the legislation of Ukraine.
Claims from Users are accepted at the email address [email protected].
The deadline for reviewing a complaint is up to 10 (ten) days from the date of receipt. If disputes between the Contractor and the Client regarding the Agreement are not resolved through negotiations between the Parties, they shall be resolved in accordance with the procedure established by applicable law in court. In the event that one or more provisions of the Agreement are invalid or have no legal force for any reason, such invalidity shall not affect the validity of any other provisions of the Agreement, which shall remain in effect. We process your personal information in accordance with our Privacy Policy. You can always find the current version of the Privacy Policy on our website at https://bendas.agency/en/privacy-policy-2. These terms establish the rules for the collection, processing, and use of your personal information. Please note that by using the website or services, filling out registration forms on the website, you agree to our Privacy Policy and consent to the collection and processing of your personal data and other personal information. If you do not agree with the provisions of the Privacy Policy and the rules for the collection, processing, and use of personal information described therein, please stop using our services and leave the website.
