1. GENERAL PROVISIONS

1.1. This Public Agreement (hereinafter referred to as the Offer, the agreement) is an official offer of the Contractor on website https://ircom.ua/ to provide Information Services to legal entities and/or legally capable individuals (hereinafter referred to as the Customer) on the terms set forth below by providing information at an online webinar, through other forms of information transfer for the Customer’s acquisition of additional knowledge and skills in a particular field as a result of the Customer’s use of special measures determined at their own discretion, or alienation in the Customer’s favour of a recorded training at a fixed rate.

This Agreement is a Public Offer Agreement in accordance with Art. 633, 641 and 63 of the Civil Code of Ukraine, its terms are similar for all Customers irrespective of their status (individual, legal entity or sole proprietor).


1.2. Acceptance of this Offer shall mean full and unconditional acceptance by the Customer of all terms without any exceptions and/or limitations, and is considered equivalent in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine (hereinafter referred to as the CC of Ukraine) to the conclusion by the parties of a bilateral written agreement on the terms set forth below in this Offer.


1.3. This Public Offer Agreement for the Provision of Information Services (Offer) shall be considered concluded (accepted) as from the date the Customer fills out the account on the Contractor’s website and the Customer’s funds are received to the Contractor’s account.


1.4. The Contractor and the Customer provide mutual guarantees of their legal capacity required for the conclusion and implementation of this Public Agreement for the Provision of Information Services.


2. TERMS AND DEFINITIONS

2.1. For the purposes of this Offer, the following terms used herein shall have the following meaning:


Offer shall mean this Public Agreement for the Provision of Information Services.

Website shall mean Internet site https://ircom.ua/, which is used by the Contractor on an ownership basis, or any other online platform, which is to be used by the Contractor in accordance with the chosen format for information transfer to the Customer and in accordance with a respective Agreement.

Information Services shall mean any Contractor’s services, for which the types, description and cost are specified on the Website, to provide to the Customer limited access to the Website in accordance with the Offer terms in order to arrange further service of potential suppliers and purchasers of products, related products, or services, other formats, as well as information services and related information services provided by the Contractor in the form of consultations, using closed source public domain software, which enables encoded voice and video communication via Internet between computers (VoIP), or using a peer network technologies (SKYPE consultations), or consultancy services in any other form. The form and necessity for providing related information services shall be determined by the Contractor at their own discretion.

Offer Acceptance shall mean full and unconditional acceptance of this Offer by providing a 100 % advance payment for the Information Service, except as otherwise provided herein.

Contractor shall mean PRYVAT-ALKO LIMITED LIABILITY COMPANY
Address: 52 Popudrenko Str., Office 507, Kyiv 02094
s/a IBAN UA683052990000026004026203879
MFO of Joint-Stock Company Commercial Bank PrivatBank, Kyiv
EDRPOU code 43084335
TIN: 430843326523
, which is entitled to provide Information Services to the Customer on the terms of this Offer.

Customer shall mean the person who accepts the Offer on the terms set forth herein.

Agreement for the Provision of Information Services (hereinafter referred to as the Agreement) shall mean the agreement between the Customer and the Contractor for the provision of Information Services, which is concluded in the form of Acceptance for this Offer.


3. SUBJECT MATTER OF THE AGREEMENT

3.1. The subject matter of this Offer is the provision of paid Information Services to the Customer by the Contractor in accordance with the terms of this Offer by providing Information Services in an interactive (online) format on the basis of a fee to be paid by the Customer to the Contractor, or provision to the Customer of access to the Contractor’s Website on a fee basis for further sale to third parties.


3.2. The cost of each type of Information Service is set forth on the Contractor’s Website. This Agreement for the Provision of Information Services shall be considered concluded as from the date the Customer’s funds are received to the Contractor’s account.


3.3. Payments hereunder shall be made in one of the ways offered to the Customer, including by clicking the Pay button (or any other button confirming the Customer’s readiness to pay for information services provided by the Contractor), which include:

  • - payment with electronic funds;
  • - payment through payment terminals or online banking;
  • - payment to the Contractor’s settlement account through the bank;
  • - any other method previously agreed upon with the Contractor.

4. INFORMATION SERVICE PROVISION TERMS

4.1. The Contractor shall provide to the Customer limited access to the Information Service on the Website, provide access to a restricted section of the Website and/or another online platform, provided that a 100 % advanced payment for this service is made.


4.2. Types and methods of payment for each type of Information Service shall be set forth on the Website.


4.3. If required, the Customer may use the service Instalment Payment for Information Services. Additional information on this service is provided on the Website. In this case, the Offer is considered accepted by the Customer as from the date of first payment.


4.4. Participation is confirmed by the Customer filling out the application for participation and paying in one of the ways specified on the Website. Links for placing orders or searching for products are provided to the Customer by sending them to the Customer’s e-mail address indicated by them when filling out the application for Information Services.


4.5. If the Customer for any reason fails to receive access to the Information Service within 2 (two) business days, they must contact the Contractor’s support at: https://ircom.ua/.


4.6. The Contractor shall provide the Customer with the Information Service by arranging the sale of products within the period specified on the Website, or by providing the Customer with access to a restricted section of the Website and/or another online platform within 2 (two) business days from the date the Customer’s funds are received to the Contractor’s account.


4.7. This Offer has the effect of a certificate of services rendered. Acceptance is effected without signing the relevant certificate.


4.8. The Contractor reserves the right to cancel the Customer’s access in case of any violation of the rules of conduct while using the Contractor’s Website. These violations include ethnic agitation, insult of participants, advertising, obscene language, etc.


4.9. The Customer’s use of information and materials obtained as a result of receiving the Information Services is allowed only for personal purposes only and for the personal use by the Customer.


5. CUSTOMER SIGN-UP ON THE WEBSITE

5.1. Provision of the Information Service to the Customer is possible if the Customer signs up on the Website (enters personal data into the form on the Website), including by clicking on the Sign Up section. A separate registration form is available for each type of information services listed on the Website. The registration form must include the Customer’s name, e-mail address, and contact phone number.


5.2. The Customer is responsible for entering accurate, correct, and true information in the registration form on the Website. If the Customer establishes any facts that prevent sign-up on the Website, they may report it within the shortest possible time to the Contractor’s support at: https://ircom.ua/


6. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

6.1. The Contractor shall provide the Customer with 24/7 access to the Website using the data provided by the Customer in the registration form.


6.2. When providing the Information Service, the Contractor assumes the responsibilities of technical support for the arrangement of search for links between Suppliers and Purchasers.


6.3. The Contractor is responsible for the storage and processing of the Customer’s personal data, protecting the confidentiality of these data during processing, and uses them exclusively for the purposes of proper provision of the Information Service to the Customer.


6.4. The Contractor guarantees the provision of complete true information about the service provided to the Customer upon their request.


6.5. The Contractor reserves the right to change the dates of promotions or other marketing events at any time at https://ircom.ua/.


6.6. The Contractor has the right to change the terms of this Offer unilaterally without prior notice to the Customer, by publishing these changes on the Website not later than five (5) calendar days from the date of their introduction (adoption).


6.7. The Contractor has the right to extend the terms of dedicated marketing campaigns by notifying the Customer not later than three (3) calendar days from the date of such decision, for a period not exceeding thirty (30) calendar days.


6.8. The Contractor has the right to deny the Customer access to the online platform and/or other means of information transfer and communication channels in the process of providing the Information Service stipulated herein, in case the Customer violates any rules specified in para. 4.8. of this Offer without a refund.


6.9. To stimulate sales of goods and services, the Contractor has the right to pay third parties (potential customers) a fee that is equivalent to bonuses accumulated by the end user to their card account at the rate of 1 bonus = UAH 1.


7. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

7.1. The Customer is obliged to provide true personal information when filling out the registration form on the Website. The Customer is responsible for the accuracy of such information.


7.2. The Customer shall not reproduce, reduplicate, copy, or sell, as well as shall not use for any purpose the information and materials that have become available to them in relation to the provision of the Information Service, except for their personal use.


7.3. The Customer shall maintain in good technical condition the equipment and communication channels that provide access to the Website, and sign in to the communication channels under their own account from one (1) personal computer at a time. The Contractor is not responsible for failure to provide (poor quality provision) of the Information Service for reasons beyond the Contractor’s control (including failure to comply with para. 7.1 of this Offer).


7.4. The Customer shall enjoy all consumer rights in accordance with the current legislation of Ukraine, which regulates the paid service relationships.


7.5. If provided with poor quality services, the Customer may exercise the rights provided for in Art. 8 of the Law of Ukraine “On Consumer Protection” only in cases where the violation of their rights occurred through the fault of the Contractor and if this circumstance has been proven.


7.6. The Customer must send all claims regarding the quality of the Information Service provided to the Contractor’s e-mail address irkom@ircom.ua. The period for the Customer’s claim(s) consideration by the Contractor is thirty (30) days (including for claims for refund) from the date the claim is received to the Contractor’s address, after which the Contractor makes one of the following decisions:

  • 1) disagree with the claim and refuse to refund;
  • 2) agree with the Claim and refund.

7.7. In case the Contractor decides to refund, the funds are returned to the Customer by crediting it to the Customer’s account using payment systems, credit card, personal account, or other details agreed upon by the parties. All refunds are made on condition that the Customer sends to the Contractor’s address an application form to be sent to the Customer’s e-mail. The parties unconditionally accept that the final decision on the refund method is in each case at the discretion of the Contractor. In case of refund to the Customer’s bank account or to the Customer’s payment system account, the application for a refund filled out and signed by the Customer in electronic form as a scan copy must be sent to the Contractor’s e-mail (the following file formats are allowed: gif, jpeg, pdf). The application for a refund must contain information about the account of the Customer, commercial organization (bank) where the account is stored, and its address. If any information necessary for the return of funds is not provided in the application, the Contractor does not guarantee the time frames specified in para. 7.8. are observed.


7.8. The funds are charged to the bank account specified by the Customer within thirty (30) calendar days from the date when the Contractor received the signed and scanned application of the Customer according to the form. The financial document confirming the deposit of funds by the Contractor to the Customer’s account is a proof of fulfilment of the Contractor’s obligations to return the funds to the Customer, which is unconditionally accepted by the parties.


7.9. By signing up at https://ircom.ua/, the Customer confirms they are of legal age.


8. LIABILITY OF THE PARTIES

8.1. Taking into account the nature of the service provided, in case of any disputes or disagreements related to the provision of the Information Service the Contractor and the Customer shall use the pre-court dispute resolution procedure. If impossible to settle the dispute in a pre-court procedure, the parties have the right to appeal to a court in accordance with the requirements of the current legislation of Ukraine.


8.2. In case of failure to fulfil or improper fulfilment of obligati ns under this Offer, the parties shall be liable in accordance with the legislation of Ukraine..

INFORMATION SERVICE QUALITY GUARANTEES

9.1. By accepting the terms of this Offer, the Customer also assumes the risk of no profit or possible downside risk associated with the use of knowledge and skills acquired by the Customer during the provision of the Information Service.


9.2. The Contractor shall not be held liable for loss of profit (income), receipt of profit (income) lower than the Customer’s expectations, as well as for the Customer’s direct or indirect losses.


9.3. During the provision of the Information Service, the Contractor has the right to ask the Customer to perform certain actions to stimulate sales of the Customer’s products and for other purposes of the Contractor. Requests for certain information shall be sent to the Customer by e-mail or other means, which shall be discussed separately in each case.


9.4. Failure to fulfil or improper fulfilment by the Customer of the Contractor’s request is the basis for refusal to return the funds paid by the Customer to the Contractor, no matter how the Customer’s request, which is unconditionally accepted by the Parties, is justified.


9.5. Admission of the Customer’s claim for a refund is terminated after fourteen (14) calendar days from the start of the webinar (i. e. receiving information on access to the restricted section of the Website or another online platform or communication channel where the training records are stored), which is unconditionally accepted by the parties. For some courses and trainings, the Contractor may reduce this period to seven (7) calendar days, of which the Contractor shall explicitly notify the Customer before the latter purchases this training or course. Any other way to extend the guaranteed refund period is not possible and contradicts this Offer.


9.6. The terms of the guaranteed period for the provision of Information Services are set forth at https://ircom.ua/.


9.7. Any claims for a refund of money paid for products, except for production defects and other mechanical damage that occurred through no fault of the Customer and before the transfer of digital optical media with a webinar record, shall not be considered by the Contractor.


9.9. Any claims for a refund shall be submitted to the Contractor not later than one day before the orders are arranged. Any other claims for a refund shall not be considered by the Contractor.


10. FORCE MAJEURE

10.1. The Parties shall be released from liability for partial or complete failure to fulfil their obligations hereunder if such failure is a consequence of force majeure circumstances that arose after the conclusion of this Agreement and made it impossible to fulfil the obligations in accordance with the terms set forth herein. Force majeure circumstances shall include, without limitation, man-made, natural or environmental emergencies, power supply system accidents or destruction caused, in particular, by earthquakes, floods, hurricanes, etc., permanent electricity and Internet cutoffs for reasons beyond the control of the parties, hostilities, riots, strikes, civil unrest, and other illegal actions, as well as the state of health of the Contractor (and/or the webinar presenter), floods, fires, anti-terrorist operations, earthquakes and other natural disasters, war, hostilities, uncontrolled unlawful acts and acts of vandalism by third parties, revolutionary actions, civil disturbances, actions of public administration, adoption of laws or regulations that directly affect the ability of the parties to comply with the terms of this Agreement, and any other extraordinary circumstances.


10.2. The term for fulfilment of obligations hereunder shall be extended for the period of time during which such circumstances and their consequences were in effect.


10.3. The parties have agreed that in the event of the circumstances provided for in para. 10.1. the term for fulfilment of obligations hereunder may be extended for a period of six (6) months from the date when it became known that force majeure events were in effect.


10.4. If force majeure events and their consequences continue for more than six (6) months, the parties must negotiate within the shortest possible time in order to find alternatives acceptable to both Parties to comply with the terms of this Agreement and reach appropriate written agreements.


11. MISCELLANEOUS

11.1. The Customer guarantees that they understand all terms of the Offer and accept them unconditionally and in full, without any conditions, omissions or reservations.


11.2. In cases not governed by this Agreement the Parties shall be guided by the requirements of the current legislation of Ukraine.

11.3. ООО "Scientific and Production Company Ircom-EKT LLC".

11.4. This Agreement is governed by the current legislation of Ukraine.

11.5. The Parties mutually agree to the processing and storage of personal data that become known to them in connection with the conclusion of this Agreement, within the limits in accordance with the requirements of current legislation of Ukraine.

Personal data protection and processing

Personal data protection and processing regulations: https://ircom.ua/personal-data/


Revised: September 2020.

Personal data protection and processing

Personal data protection and processing regulations: https://ircom.ua/personal-data/


Revised: September 2020.