Public Offer Agreement
1. General terms and conditions
1.1. The present offer is an official proposal of the company “Education in Ukraine”, hereinafter referred to as “Executor”, to conclude a Contract for services remotely, that is through the Internet-shop, hereinafter referred to as “Agreement”, and it places the Public Offer (proposal) on the official internet-site of the Seller https://education-in-ukraine.com (hereinafter referred to as “Internet site”).
1.2. The moment of complete and unconditional acceptance by the Buyer (accept) of the Executor’s proposal to conclude an electronic agreement to render services, is considered as the fact of payment by the Customer of the order subject to the Contract conditions
2. Definition of Terms
2.1. Services – range of consultation services, rendered by the Executor in accordance with the procedure and under the terms determined by this Agreement.
2.2. Public Offer – is a proposal of the Executor (stated on the Site of the Executor), addressed to unlimited range of physical persons in accordance with the legislation of Ukraine, to conclude this Agreement on certain conditions.
2.3. Site of the Executor – is a web-page in the Internet network at the address https://education-in-ukraine.com being an official source of information sharing of the Customer about the Executor and services provided.
2.4. Accept – complete, unconditional acceptance by the Buyer of terms and conditions of Public Offer of this Agreement.
2.5. Customer – a physical person, legally capable and who made an acceptance of Public Offer of the Executor, stated in this Agreement and paid the cost of Services.
2.6. Parties – Executor and Customer
2.7. Invitation – letterform of the Invitation for studies in a state-approved format issued by the University or other competent authority by the order of the Customer and entitling to get study visa of Ukraine.
2.8. Official refusal – the refusal of a competent authority to issue an Invitation in the name of the Customer.
2.9. Visa support – a procedure of approval by competent authorities of the fact of issuance of the Invitation in the name of Customer and provision of this information to the Consulate of Ukraine.
2.10. Visa support number – number of official letter in the Consulate of Ukraine where the issuance of the Invitation is stated. Visa support number is required when submitting documents for visa along with the Invitation.
3. Subject of an Agreement
3.1. The Executor undertakes to render to Customer consultation services for preparation of package of documents to get Invitation on paid basis in accordance with the terms of this Agreement, and the Customer undertakes to accept and make payment for such Services.
3.2. The Customer undertakes to pay to the Executor the cost of services according to the Agreement.
3.3. The Parties agree that the Executor does not guarantee the receipt of the Invitation in the name of the Customer. Furthermore, the Parties agree that the Executor does not guarantee the receipt of student visa by the Customer after receiving the Invitation.
4. Terms services
4.1. Consultation services are rendered on a remote basis.
4.2. The acceptance of this Agreement is considered a payment by the Customer and means complete and unconditional acceptance of terms of this Agreement and is equated to the personal signature under this Agreement.
4.3. From the moment of crediting funds to the account of the Executor, this offer is considered as accepted and the contract as concluded.
4.4. Terms of acceptance:
4.4.1 The Customer gets to know with the terms of rendering Services on the web-site of the Executor and gets to know with the terms of payment.
4.4.2. After taking a decision, the Customer executes an application for a service and moves to a basket to make payment.
4.4.3 From the moment of the acceptance of this offer, the unilateral refusal of the Customer from the Agreement is impossible.
4.4.4. After fulfilling the application and payment, the Executor gets in touch with the Customer be means of contact details put by the Customer and notifies about the list of documents necessary for Invitation execution. Basic list (Passport, School Diploma, Academic Transcript and Application Form) is stated on the site. The Executor may, upon request of the University, require additional documents. For example, Motivation Letter, Finance Statement etc. The list of additional documents may be changed depending on the University where the Customer wish to learn, and on the age and the nationality of the Customer and is determined by the University. The documents are submitted by the Customer in the form of scanned copies of high quality.
4.4.5. In exceptional cases the University may require skype-session with the Customer.
4.4.6 Non submitting of required documents by the Customer to the Executor during the period of 10 calendar days signifies unilateral refusal from the Application. In this case the Executor informs the Customer about this fact and the service is considered as rendered.
4.4.7. After formation of complete set of documents and submitting it to the University, the Executor gets a reply in the form of Invitation or Refusal to issue. Standard period of application processing by the University is 7 days. The period may be changed and the Executor informs the Customer about it.
4.4.8. After receiving the Invitation or Refusal the Executor sends it to the Customer by post service to the address mentioned by the Customer.
4.4.9. The service is considered as rendered from the moment of provision by the Executor of the track number of the letter with the Invitation or Refusal.
5. Rights and Obligations of the Executor
5.1. The Executor has the right to:
5.1.1. Receive from the Customer the information necessary for rendering services according to this Agreement;
5.1.2. To get payment for services rendered, in the amount and at the time as previewed by this Agreement.
5.1.3. To make photo of the Invitation of the Customer and to use it in publicity purposes on the site or social networks.
5.2. The Executor undertakes to:
5.2.1. To render to the Customer the services as per scope and terms of this Agreement.
5.2.2. To inform the Customer about the rules and requirements on the organization of rendering services, its quality and content, about rights and obligations of the Customer when receiving services.
5.2.3. To assist in maximum to the Customer in receiving the Invitation.
5.2.4. To inform in case of need the Customer about the process of obtaining the students visa after receiving the Invitation.
5.2.5. To issue the Invitation or official refuse and to send it to the Customer by Post.
6. Rights and obligations of the Customer
6.1. The Customer has the right to:
6.1.1. To receive Services of proper quality in accordance with the Agreement.
6.2. The Customer is committed:
6.2.1. To answer the Executor the questions in time and present required documents.
6.2.2. Answer faithfully and honestly on the questions in the application form.
6.2.3. To fulfil the requirements of Ukrainian law and requests of the Agreement for the organization of Services providing.
7. Cost of services and method of payment
7.1. Total cost of services extended to the Customer under this Agreement makes a total paid by the Customer to the Executor.
7.2. Cost of service is determined by the Executor, posted on the website of the Executor or announced by the company’s manager to the Customer.
7.3. Cost of Services prescribed by the present Agreement is paid by the Customer in non-cash form by transferring on the current account of the Executor or through the payment on the website.
8. Responsibility of the parties
8.1. For non-fulfillment or improper fulfillment of obligations under the present agreement parties are responsible in accordance with the current Ukrainian law.
8.2. The Executor services and all related materials are presented “as they are” without explicit and implied warranties.
8.3. In the maximum authorized by the Ukrainian law extent the Executor isn’t responsible for the indirect, collateral, actual, indirect or direct losses, directly or indirectly loss of profit or non-receipt of incomes, loss of data, performances, goodwill or other intangible assets that are concerned with a) access of the Customer to the Services and its usage or impossibility of such access or usage;
8.4. The Customer agrees that the refusal of the guarantees and limitation of liability set out in such conditions represents reasonable and equitable distribution of risks but also they are necessary condition for the service provision by the Executor at affordable cost.
9. Force majeure
9.1. The Parties are exempt from responsibility for failure to perform obligations if this failure is caused by circumstances that do not depend on a will of the Parties as follows: military action, natural disasters, technological and other accidents, strikes, lockouts, authorities or administration actions etc., that makes impossible to execute conditions of the present Agreement (next force majeure).
9.2. Force majeure is applied, and the Party for which it occurred is exempt from liability for violation of the terms of this Agreement, if there is written confirmation (conclusion, reference) of the Ukrainian Chamber of Commerce and Industry about the occurrence of force majeure.
9.3. Party for which force majeure occurred commits to immediately report another Party and presents documents confirmed Force-majeure.
9.4. From the moment of delivery of such announcement by another party the fulfilment of conditions of this Agreement are suspended for the entire duration of force-majeure.
9.5. In the case of Force-majeure circumstances validity more than 3 months every party has the right to trigger the termination of the Agreement.
10. Termination of the Agreement
10.1. This Agreement is terminated:
10.1.1. By the agreement between the parties;
10.1.2. If execution of its obligations by the Party of the Agreement is impossible because of adopting a legislative instrument that changed conditions installed by this Agreement and any from the Parties doesn’t agree with the Agreement change.
10.1.3. In other cases provided for this Agreement and current legislation of Ukraine.
11. Processing of personal data
11.1. The Customer confirms that he voluntarily and gratuitously gives a consent to personal data collection and processing (including name, surname, incorporated or actual residence, passport number, details of the State registration, telephone numbers and addresses of mail, etc.) in the personal details database of the Executor “Clients” including gathering, registration, inclusion in the database, generation, storing, adaptation, change, updating, using, distribution (distribution, transfer), depersonalization, destroying of personal data in the database on the territory of Ukraine on purpose to implementation of commitments under this agreement and on purpose to ensuring the implementation of taxation treatments, business relationships, civil law relations and relations in the field of accounting. the Customer gives a consent to the transfer of his personal data to third parties in the minimum requirement extent and only in order to fulfil obligations under this Agreement that correspond to objective cause of adequate data gathering.
11.2. The Customer provides that he was announced about his rights defined by Act of Ukraine “About personal data security” from 1 June 2010 № 2297-VI, with changes and gathering of personal data.
12. Duration of Offer
12.1. This Public offer comes into force from the moment of its posting on the website of Executor and is valid until the moment of its feedback by The Executor.
12.2. The Executor can amend changes any time in the conditions of Offer and/or withdraw Offer any moment on your own. In the case of modifications in the Offer by the Executor, such changes come into effect from the moment of changed text posting of Offer on the website of the Executor if another date of entry into force of the amendments is not specified directly in the text of the amended Offer.
13. Final clauses
13.1. The Parties have established that any disputes and claims will be resolved by the parties through negotiation.
13.2. The Parties understand that Services are provided by the Executor that is registered and acts upon Ukrainian legislation.
13.4. Accepting this Offer the Customer agrees that all disputes related to this Agreement will be considered in accordance with Ukrainian law
without rules of conflict of laws. The Customer also agrees that all these disputes are in exclusive jurisdiction of Ukrainian courts.
13.5. Headings used in the articles and clauses of this Offer are used only for links and text usability. These headers cannot be viewed as defining, limiting or amending, or influencing on the definition and sense of conditions of this Offer or its any part.
13.6. If any from clauses of this Offer will be recognized invalid, validity of its others clauses is lost from that.
13.7. In all cases not covered by this Offer, the Parties are guided by the current Ukrainian legislation.