"The Contractor", acting in accordance with the legislation of Ukraine, guided by Articles 633 and 641 of the Civil Code of Ukraine, offers an unlimited number of individuals to enter into this Public Services Agreement (hereinafter referred to as the "Agreement") under the terms set forth below:
1.1. "Services" - a set of information and advisory services provided by the Contractor in accordance with the terms and conditions specified in this Agreement and Service Provision Programs, which are an integral part of this Agreement.
1.2. "Offer" - a proposal by the Contractor, posted on the Website and addressed to an unlimited number of individuals to conclude this Agreement with the User on the terms specified in this Agreement.
1.3. "Website" - a web page on the Internet at https://frusia.pro/, which is the official source of information for Users about the Contractor and the services provided by the Contractor.
1.4. "Acceptance" - the full, unconditional, and unequivocal acceptance by the User of the terms of this Agreement and the Service Provision Program.
1.5. "User" - an individual who has reached the age of 18 and has accepted the Contractor's Public Offer as set out in this Agreement. Individuals who have not reached this age may become Users only with the consent of their parents or other authorized representatives.
1.6. "Contractor" - an economic entity that has posted a Service Provision Program (Services) on the Website and provides the Service (Services) to Users under the terms provided in this Agreement. Legal address of the contractor: Khmelnytskyi, 7 Ivana Pulyuya Street.
1.7. Information and advisory service (hereinafter referred to as the "Service") - a complex of information and advisory services expressed in the form of consultation or audiovisual work aimed at providing the User with information on a specific topic in order to enable the User to form a certain attitude towards the subject under consideration and develop specific skills in the researched field of activity.
1.8. Service Provision Program (hereinafter referred to as the "Program") - detailed terms of providing a specific Service, including but not limited to the following terms:
1.8.1. Name, subject, and content of the Service;
1.8.2. Number of hours and/or schedule of Service provision;
1.8.3. Cost of the service.
1.8.4. Payment terms, etc.
1.9. Reproduction (download) - a form of User's access to the Service, in which access to the created audiovisual work in electronic (digital) form is provided with or without storage in the memory of User's Devices.
1.10. Device - means a computer (PC) and/or another device that operates on the principle of a PC, capable of processing and reproducing sound and images, both stationary and portable (including, but not limited to: laptops, tablets, mobile phones, smartphones, PDAs, etc.), which has the ability to access the global Internet.
2.1. In accordance with the terms of this Agreement, the Contractor undertakes, on a paid basis, to provide the User with information and advisory services in the field of information technology within the direction specified in the Program (hereinafter referred to as the "Service"), and the User undertakes to accept and pay for such Service.
2.2. The User agrees to pay the Contractor the cost of the Service being purchased.
2.3. The Parties have agreed that the detailed content of the Service, names, topics, format, the number of consultation hours, or the schedule of Service provision, etc., are determined in the Program posted on the Website.
2.4. The Parties agree that the Contractor does not guarantee any financial or other results in the User's activities as a result of the provision of the Service purchased from the Contractor.
2.5. No claims regarding the effectiveness of the Service provided by the Contractor, knowledge, and skills obtained by the User, can be made against the Contractor. The responsibility for the use of this knowledge and skills, as well as for any results, direct or side effects obtained as a result of using this knowledge and skills, lies entirely with the User.
3.1. Consultation services are provided in the form of consultation (online) or in the form of remote playback of audiovisual information on the User's Device (record or live broadcast), in accordance with the Program and the schedule of Service provision developed by the Contractor and posted in the respective section of the Website.
3.2. The duration (schedule) of Service provision is determined in accordance with the following conditions:
3.2.1. Any services purchased on the Website may be offered for a specific period (have a fixed term of service provision). In this case, after the end of the specified term of service provision, the service will be terminated at the moment of the specified period's expiration. The User agrees that the Contractor has the right to unilaterally reschedule the date and time of Service provision, which is not considered a violation on the part of the Contractor.
3.2.2. The Contractor grants the User access to the Service materials for a limited period. The User is guaranteed access to the content for the period specified on the Service page or as provided in the Program. After the expiration of this period, the Contractor does not guarantee that this content will still be available to the User (which does not constitute a violation of the terms of the Agreement by the Contractor).
3.3. Acceptance of this Agreement is equated to the User's own signature on this Agreement and signifies the User's full and unconditional agreement with all the terms of this Agreement, the Programs, and its other supplements. The User's lack of knowledge of the terms of this Agreement does not exempt the User from liability for its non-performance. Acceptance of this Agreement is equated to, including but not limited to:
3.3.1. The actual use of the Website by the User, and/or;
3.3.2. Sending the User's contact information to the Contractor in the form of a request for the provision of the Service, and/or;
3.3.3. Making full or partial payment of the cost of the respective Service to the Contractor, and/or;
3.3.4. Any other forms of interaction between the User and the Website.
3.4. Procedure for Service Provision:
3.4.1. The User selects the Service on the Website and familiarizes themselves with the payment terms.
3.4.2. After choosing the required Service, the User submits a consultation request using the Website's form or by phone/messengers, or proceeds to make the payment immediately.
3.4.3. Once the Service has been fully or partially paid for, the User's unilateral refusal to perform the Agreement is unacceptable.
3.4.4. If the Service is provided in a remote format through the worldwide Internet, the User will receive a link to access this Service, which will be sent to the email address provided by the User when submitting the Service request, before the start of the Service provision.
3.4.5. The Service is considered to be provided in full from the moment when the Contractor provides the User with access or a link to access the Service specified in the relevant Program.
3.5. During the provision of the Service, the Contractor has the right to create chat rooms for communication, error analysis, and case support for participants receiving the same Service simultaneously.
4.1. The Contractor has the right to:
4.1.1. Receive information from the User necessary for the provision of the Service under this Agreement;
4.1.2. Receive payment for the Services provided in accordance with the amounts and terms specified in this Agreement and the respective Service Programs.
4.1.3. Cancel, interrupt, or reschedule any Services, change their content, significance, and weight of any task, test, or material.
4.1.4. Publish any materials and feedback created by the User during the provision of the Service without any restrictions or compensation from the User.
4.2. The Contractor undertakes to:
4.2.1. Provide the User with the Services in accordance with the terms of this Agreement and the terms of the respective Service Program.
4.2.2. Inform the User about the rules and requirements for the organization of Service provision, their quality and content, and the rights and obligations of the User when receiving the Services.
4.2.3. Develop a plan for the provision of Services and organize the process of their provision;
4.2.4. Provide the User, if necessary, with consultation and methodological materials and literature.
4.2.5. Issue an electronic certificate of completion of consultations in the chosen direction, which the User has the right to print independently.
5.1. The User has the right to:
5.1.1. Receive Services of proper quality in accordance with the Service Program or description of the services.
5.1.2. Upon successful completion of the plan provided by the Service Program, receive a Certificate of completion of consultations in the chosen direction upon its completion.
5.2. The User undertakes to:
5.2.1. Diligently study the Service program, attend theoretical and practical consultations, and not miss them without valid reasons.
5.2.2. Complete tasks within the scope of receiving the Services, following the instructions of the Contractor and/or its representatives, and within the deadlines specified by them.
5.2.3. Timely pay for the Services in the amounts and within the deadlines established by this Agreement and the Service Program.
5.2.4. Comply with the requirements of the legislation of Ukraine and the terms of the Agreement regarding the organization of the provision of Services.
5.2.5. Refrain from actions during the provision of Services that:
5.2.5.1. May obstruct other Users, invited individuals, or consultants from participating in the provision of Services and receiving information during the provision of Services.
5.2.5.2. Disrupt public order, including offending those present, using profanity, and creating noise with devices, etc.
5.2.5.3. Demean the honor, dignity, and business reputation of the Contractor, other users, invited individuals, or consultants, including by posting information on the Internet, in printed publications, mailings, or in any other way with a public character.
5.2.5.4. Involve the use of audio or video equipment for the purpose of copying Service materials, with or without permission.
5.2.6. If provided for by the Service Program, complete a final internal survey.
5.2.7. Respect the property rights of the Contractor to the results of intellectual activity and copyright of the authors of the respective Service materials.
5.2.8. Refrain from any actions that could cause harm to the intellectual property of the Contractor or other authors.
5.2.9. Not use or distribute the intellectual property of the Contractor or other authors in any way and not provide access to intellectual property to third parties without the written permission of the Contractor.
5.2.10. Bear financial responsibility for violating property rights to the intellectual property of the Contractor and other authors.
6.1. The total cost of services provided to the User under this Agreement is the total amount paid by the User for the Services.
6.2. The cost of a specific Service is determined by the Contractor in the Service Program, which is posted on the Website or personally communicated to the User.
6.3. The cost of the Services provided under this Agreement is paid by the User in a non-cash form, by transferring funds to the Contractor's current account or by using a payment system.
6.4. Refund of funds paid by the User for the Service is made under the following conditions:
6.4.1. After placing an order and making a payment, in each individual case, the User has the right to refuse the Service and request a refund. The User has the right to refuse paid services, except as provided in this Agreement.
6.4.2. To request a refund of the service, the User needs to send an email to liubov@frusia.pro, after which the Contractor will confirm the receipt of the request for a refund by email to the address provided when placing the order. If the User has not received a written confirmation within 24 hours from the moment of sending the letter, it is necessary to contact the support service at the phone number specified on the Website. To process the refund, it is necessary to provide: full name and email address specified when placing the order; the name of the service; order date; payment information; reasons for refusing the service, as well as other necessary information.
6.4.3. The User agrees that if the conditions for requesting a refund are violated, or if the User provides false information to the Contractor, the Contractor has the right to refuse the User a refund and not consider the request.
6.4.4. If the conditions for processing the refund request have been met and the User is entitled to a refund, the Contractor will refund the funds within forty-five (45) calendar days from the date of receiving the request.
6.4.5. For the refund, the same payment method that was used for the service payment will be used, or another method in case of force majeure circumstances. In this case, the Contractor has the right to deduct all additional bank and payment system fees associated with the refund from the refund amount.
6.4.6. If the User was unable to use the Services through no fault of the Contractor or refused to use the services in violation of the terms and established procedure, the Contractor has the right not to refund the cost of such services.
6.4.7. The User agrees that their disagreement with the Contractor's, their consultants', and speakers' opinion regarding the content and methodology of the Services is not a basis for a refund.
6.4.8. The Contractor has the right to establish other rules for refusing services for individual Services or provide Users with additional unconditional refund guarantees by publishing special Terms of Service refusal on the Service order page or in the Program.
6.5. The Contractor has the right not to refund the funds paid by the User for the Service if:
6.5.1. The User has listened to 2 (two) consultations and refused the Services (except for services that contain less than 6 (six) consultations).
6.5.2. The User has listened to more than 30% of the Service program and refused the Services (applies to Programs that contain less than 6 (six) consultations).
6.5.3. The User has gained access to paid materials for download.
6.6. Transfer of the terms of Service provision at the User's initiative is carried out on the following conditions:
6.6.1. The User has the right to request a transfer of the terms of Service provision to other calendar dates. In this case, a refund is not made, and the Contractor informs the User of the new possible calendar dates for the provision of the Services.
6.6.2. The User agrees that the cost of a similar package of services may be changed. If the amount of the prepayment exceeds the cost of the new package of services, the difference in cost is not refunded by the Contractor.
6.6.3. The Contractor reserves the right to establish other rules for transferring the terms of Service provision for individual Services by publishing additional Transfer Terms on the Service page or in the Program.
6.7. The User has the right to request that the paid funds be credited towards the payment of any other services. If the cost of the purchased services exceeds the amount of the prepayment, the User agrees to pay the difference before the start of the Service provision. If the prepayment amount exceeds the cost of the ordered Service, the difference in cost is not refunded.
6.8. In case of early termination of the Agreement at the initiative of the Contractor, the Contractor refunds the funds only for those consultations that were not provided by the Contractor. Consultations provided in such a case are not compensated.
6.9. In case the User made an advance payment and refused the Services before the start of the Service provision, the Contractor will refund the advance payment, less the bank and tax charges applicable to the Contractor.
6.10. The payment amount is established for the entire term of Service provision and cannot be changed.
7.1. The parties shall be liable for the non-performance or improper performance of obligations under this Agreement in accordance with the current legislation of Ukraine.
7.2. The Contractor's services and all related materials are provided "as is," without any explicit warranties. The Contractor does not provide any warranties, including merchantability, fitness for a particular purpose, and non-infringement of third-party rights, as well as warranties arising from business relationships or trade customs. Furthermore, the Contractor disclaims any responsibility related to the User's access to the services and related materials, as well as their use. The User agrees that they access the Services and materials and use them at their own risk.
7.3. To the maximum extent permitted by Ukrainian law, the Contractor shall not be liable for indirect, incidental, actual, or direct damages, whether direct or indirect, lost profits, loss of data, operational qualities, goodwill, or other intangible assets, related to: a) the User's access to the Services and their use or inability to access or use them; b) materials or behavior, including offensive, defamatory, or illegal conduct, of any third party; or c) unauthorized access, use, or modification of the User's materials or information. Under no circumstances shall the aggregate liability for all claims related to the Services exceed the greater of two amounts: twenty-five US dollars ($25 USD) or the total amount received from the User for the use of paid services within the last six months.
7.4. The User agrees that the disclaimer of warranties and limitations of liability set forth in these terms represent a reasonable and fair allocation of risk and are a necessary condition for the provision of services by the Contractor at a reasonable fee.
7.5. The User agrees that any claim related to the Services must be filed in court within the statute of limitations of one (1) year from the date the cause of action arose; otherwise, such a claim is considered invalid.
7.6. In case of the User's failure to comply with clause 5.2.3 of this Agreement, which relates to the obligation to make payments on time, the Contractor has the right not only to suspend the provision of services and access to the service until payment is made but also to terminate this Agreement based on clause 9.1.3 of this Agreement.
7.7. In case of the User's violation of clause 12.1 of this Agreement, which concerns the use of materials from the Service for non-personal purposes, distribution of materials from the Service in any way and to any individuals, the Contractor has the right to unilaterally terminate this Agreement, block the User's access to the Services and/or the Website, without refunding any payments made by the User for the Service.
7.8. In case of the User's violation of the intellectual property rights of the Contractor or its licensors, dissemination of Service content without the consent of the Contractor, or disclosure of confidential information belonging to the Contractor or its licensors, the User agrees to compensate the Contractor or its licensors for moral (non-material) damage and losses caused by such violation, as well as pay them the income received by the User as a result of such violation within 10 (ten) days from the date of receipt of the respective claim. In case of the User's failure to meet the requirements of the aforementioned claim, recovery shall be carried out based on a court decision.
7.9. The User is responsible for the content and any materials they post on the Website or in chats during the provision of services by the Contractor. The Contractor shall not be responsible for materials posted by the User and shall not monitor them in any way.
7.10. By posting their own content, the User undertakes to comply with the requirements of the legislation of their country of residence. In any case, the Contractor prohibits the publication of content of a pornographic or sexual nature, content that promotes violence, sadism, discrimination, or contains threats or slander.
8.1. The parties shall be exempt from liability for non-performance of obligations if such non-performance is caused by circumstances beyond the control of the parties, namely: military actions, natural disasters, technological and other accidents, strikes, lockouts, actions of government or management authorities, etc., that make it impossible to fulfill the terms of this Agreement (hereinafter referred to as "Force Majeure").
8.2. Force Majeure shall apply, and the Party for which it occurred shall be exempt from liability for a breach of the terms of this Agreement, upon the written confirmation (conclusion, certificate) of the Ukrainian Chamber of Commerce and Industry regarding the occurrence of Force Majeure.
8.3. The Party for which Force Majeure has occurred shall promptly notify the other Party and provide supporting Force Majeure documents.
8.4. From the moment the other party receives such notification, the performance of the terms of this Agreement shall cease for the entire duration of Force Majeure.
8.5. In the event of Force Majeure circumstances lasting for more than 6 months, each of the parties has the right to initiate the termination of the Agreement.
9.1. This Agreement shall be terminated:
9.1.1. By mutual agreement of the parties;
9.1.2. If the performance of the Agreement by a Party becomes impossible due to the adoption of regulatory legal acts that have changed the terms established by this Agreement, and either of the Parties does not agree to amend the Agreement.
9.1.3. In case of a breach by the User of the terms provided in clauses 5.2.3, 5.2.4, 5.2.5, 12.1 of this Agreement.
9.1.4. In other cases provided for by this Agreement and the applicable laws of Ukraine.
10.1. The User confirms that they voluntarily and free of charge give their consent to the processing of their personal data (including surname, name, patronymic, registered place of residence and/or actual place of residence, identification number, data on state registration; banking details, phone numbers, and email addresses, etc.) in the Executor's personal data database "Clients," including collection, registration, inclusion in the database, accumulation, storage, adaptation, modification, updating, use, distribution (dissemination, transmission, including cross-border transfer), depersonalization, and destruction of personal data in the database on the territory of Ukraine and beyond its borders for the purpose of fulfilling obligations under this Agreement and ensuring the implementation of tax relations, economic relations, civil relations, and accounting relations, advertising, and marketing. The User consents to the transfer of their personal data to third parties in the minimum necessary volume and only for the purpose of fulfilling obligations under this Agreement, which correspond to the objective reasons for collecting the relevant data. The User consents to the Executor's transfer and processing of their personal data using cloud services (e.g., Google, Amazon, iCloud, etc.), which are foreign subjects of personal data relations. For the purpose of processing personal data using cloud services, the User consents to the cross-border transfer of their personal data.
10.2. The User confirms that they have been informed of their rights as defined by the Law of Ukraine "On Personal Data Protection" dated June 1, 2010, No. 2297-VI, as amended, the purpose of processing, and the collection of personal data.
11.1. This Offer becomes effective from the moment of its placement on the Website and is valid until it is revoked by the Executor or unilaterally terminated by the Executor.
11.2. The Executor has the right to make changes to the terms of the Offer and/or revoke the Offer at any time at their discretion. In case of changes made by the Executor to the Offer, such changes come into effect from the moment of posting the modified text of the Offer on the Website unless another term for the entry into force of changes is directly specified in the text of the modified Offer. The Executor recommends the User to regularly check this page and the date of the last changes indicated on this page. If the User does not object to the new terms of the Agreement and continues to use the Services, the new version of the Agreement is considered accepted by the User. The User understands and agrees that the use of the Services after changing the terms of the Agreement is considered by the Executor as the User's acceptance of the terms of the Agreement in a new edition in full. In case the User objects to the new version of the Agreement, the Executor has the right to unilaterally terminate the Agreement in accordance with the established procedure.
11.3. The User has the right to terminate the use of the website and the Services at any time without specifying reasons.
11.4. To terminate the use of the Services, the User must notify the Executor by email or by one of the phone numbers provided on the website.
11.5. The User agrees that after their refusal of the Service (termination of the agreement), the User will lose access to all content and available Services. If at the time of refusal of the Service or termination of the agreement, the User still has access to the purchased package of Services, any amount paid by the User for the Services of the Executor will not be refunded, including the amount of the cost of unused Services.
11.6. The Executor reserves the right to terminate the Agreement with the User without specifying reasons by sending a written notice to the User no later than 3 (three) days before the planned termination date.
11.7. The Executor has the right to terminate the executed contract in the following cases:
11.7.1. The User violated any provision of the Agreement or the User took actions that indicate unwillingness or inability to comply with the Agreement.
11.7.2. The Executor is required to do so by law (e.g., if providing services to the User becomes illegal or ceases to be legal).
11.7.3. The Executor ceases to provide Services in the country where the User resides or uses the Services.
11.7.4. Providing Services becomes unprofitable from the Executor's perspective.
11.8. The Executor has the right to suspend or completely block access to the Website or Services if the User attempts to interfere with the operation of the Website, Servers, or other information and computing systems of the Executor.
11.9. The Executor has the right to cancel the User's account and immediately terminate the Agreement in case of the User's indebtedness for the payment of the Services.
12.1. The Executor grants the User a limited, personal, non-exclusive, non-transferable, and revocable license to use the Services and any materials or information obtained in the process of receiving the Services or on the Website. The materials and any information provided within the scope of the Services or on the Website can be used by the User solely for personal non-commercial use without the right to distribute, except in cases where the User has obtained written permission from the Executor to use them for other purposes. The User undertakes not to distribute the intellectual property of the Executor or other authors in any way and not to provide access to such intellectual property to third parties without the written permission of the Executor.
12.2. The User undertakes not to provide third parties with access or login data to access the Services.
12.3. The use of the Services does not grant the User any rights to the material or intellectual property used in the Services.
12.4. Along with the materials created in the process of receiving the Service, the User grants the Executor a fully transferred, free, unlimited, sublicensed, non-exclusive, worldwide license to copy, distribute, modify, publicly distribute, and reproduce the User's materials, as well as to create derivative works and use them for other purposes unless otherwise provided in a separate agreement between the Executor and the User.
12.5. The license mentioned in clause 12.4 of this Agreement allows the Executor to provide the User's materials to other Users who will subsequently purchase the Executor's Services. This condition does not limit the other legal rights of the Executor to the User's materials, such as under other licenses. The Executor has the right to delete or modify the User's materials for any reason, including if, in the Executor's opinion, they do not comply with the Agreement.
12.6. By accepting this Offer, the User grants the Executor the right to:
12.6.1. Organize and conduct photo, audio, and video shooting, as well as webcasts of open events and video recordings of such events (sessions, discussions, and group classes) involving the User;
12.6.2. Use the User's photos and videos containing their image, as well as their voice and performance, for advertising, marketing, and commercial purposes (including processing and posting on the Internet, demonstrating to other Users).
12.7. By accepting this Offer and granting the Executor the right to use the Executor's photos and videos containing their image, as well as their voice and performance, the User grants the Executor a fully transferred, free, unlimited, sublicensed, non-exclusive, worldwide license to copy, distribute, modify, publicly distribute, and reproduce the User's materials, as well as to create derivative works and use them for other purposes, unless otherwise provided in a separate agreement between the Executor and the User.
13.1. The parties have agreed that any disputes and claims will be resolved through negotiations between the parties.
13.2. By accepting this Offer, the User agrees that all disputes related to this Agreement will be considered in accordance with Ukrainian law without regard to the provisions of conflict of laws. The User also agrees that all such disputes fall under the exclusive jurisdiction of the courts of Ukraine.
13.3. The headings used in the articles and sections of this Offer are used for reference and convenience in using the text only. These headings cannot be considered definitive, limiting, or altering the meaning and content of the terms of this Offer or any of its parts.
13.4. If any provision of this Offer is found to be invalid, the validity of its other provisions shall not be affected.
13.5. In all cases not provided for by this Offer, the parties shall be guided by the current legislation of Ukraine.
13.6. The User agrees that the Executor has the right to involve third parties who may not speak Ukrainian. In this regard, the User agrees that the services under this Agreement may be provided in Russian or English languages.
13.7. Taking into account the provisions set out in clause 13.6 of this Agreement, the User, by accepting the terms of this Agreement, expresses the desire and allows receiving the Services in Russian or English languages, assumes full responsibility for understanding the service in Russian or English languages, and declares that receiving the service in this way does not violate any of their rights as provided by the Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as the State Language."