Public Offer Contract (Service Provision)

  • This Contract is an official and public offer by Olha Novikova, an individual entrepreneur (hereinafter referred to as “Executor”), to any adult capable individual (hereinafter referred to as “Client”) to enter into a contract, the subject and conditions of which are set out below.
  • 1. General Provisions
  • 1.1. Terms and definitions used in this Contract and the relationship between the Parties arising or connected herewith are as follows:
  • 1.1.1. Website - A collection of information, texts, graphics, designs, images, literary works (texts), audiovisual works (photos and videos, video tutorials), and other results of intellectual activity, as well as software, accessible online, including all sections, file structure, and other structural elements, source, and object code.
  • 1.1.2. Software - Browser software (such as Internet Explorer, Opera, Firefox, Google Chrome) for accessing online resources, other programs for processing Information Materials provided by the Executor (programs for playing audiovisual works, video materials, viewing photos and graphics) and any other software required for accessing Information Materials provided by the Executor. The Client is responsible for ensuring the presence of such Software on their personal computer or other device used for internet communication.
  • 1.1.3. Client - An adult capable individual who has accepted the public offer in their own interest. The Client is responsible for the accuracy of the information provided.
  • 1.1.4. Platform - Software and hardware means integrated with the Executor’s Website, serving as a storage for the Executor’s Information Materials under a limited non-exclusive license, providing access to Information Materials. The Executor reserves the right to choose any Platform for hosting Information Materials (e.g., Getcourse, Tilda, Telegram, or others).
  • 1.1.5. Personal Account - A personal section of the Platform, accessible to the Client after registration and/or authorization. It is used for storing Client’s information, accessing Information Materials, viewing statistics and news from the Executor, modifying personal data, submitting tasks to the Executor, receiving notifications, and other actions related to the provision and consumption of Services.
  • 1.1.6. Information Materials - Informational/educational/consultative audio, video, or text materials posted (broadcasted) by the Executor on the Platform, Website, social networks, or any physical media, including audiovisual works (video tutorials), webinars, podcasts, booklets, books, guides, checklists, presentations, assignments, practices, audio, video, or text course records, and any other products intended for personal information consumption by the Client for educational purposes.
  • 1.1.7. Access Services - Services providing access to Information Materials, Online Events, or Courses, either organized at a location specified by the Executor or available for playback and viewing on the Platform/Website/social network through the Client’s browser.
  • 1.1.8. Training Services - Standard services provided by the Executor to all Clients during their participation in a Course, including educational video lessons.
  • 1.1.9. Additional Services - Services provided by the Executor to the Client during their participation in a Course depending on the package purchased, such as task review,
  • Consultant’s responses to Client’s questions, etc. Several Additional Service packages may be available, varying in content and price.
  • 1.1.10. Services - Access Services, Information Services, and Additional Services.
    1.1.11. Package - A set of Information Materials constituting various components of a Course.
  • 1.1.12. Course - An educational complex including various Information Materials posted on the Platform and Website and Services provided through electronic communication.
  • 1.1.13. Consultant - A specialist designated by the Executor to conduct the Course and provide other services under this Contract.
  • All other terms used in this Contract are interpreted by the Parties in accordance with the current laws of California and customary interpretation rules in the Internet Network.
  • 1.2. Acceptance of this public offer is the Client’s payment for Services in accordance with the terms of this Contract. From the moment the payment is received, this Contract is considered concluded between the Client and the Executor.
  • 2. Subject of the Contract
  • 2.1. The subject of this Contract is the provision of training/informative/consultative Services by the Executor to the Client. The Executor agrees to provide the Service(s) selected by the Client via the Internet using Software, and the Client agrees to pay for this Service(s) in accordance with the terms of this offer.
  • 2.2. Descriptions of Courses, lists of Service Packages, and other services of the Executor, their cost, topics, content, terms, and conditions of provision are posted in the relevant sections of the Website.
  • 3. Terms of Service Provision
  • 3.1. Services under this contract are provided within the timeframes specified in the relevant sections of the Website, as mentioned in clause 2.2 of this Contract. Access to Information Materials is retained by the Client after the expiration of the Service provision period for the time determined according to the selected Package. Access provided after the expiration is not part of the Package Services.
  • 3.2. The Executor has the right to unilaterally change the timing of the Course, notifying the Client no less than three days in advance.
  • 3.3. Information Services and Additional Services, for which no specific timeframes are set, are considered provided from the moment the Executor opens access to the Information Materials or conducts the Online Event.
  • 3.4. The Client does not have the right to unilaterally change the timing of the Course or demand Services at other times than those specified in the relevant section of the Website (clause 2.2).
  • 4. Order of Service Provision
  • 4.1. Before the commencement of Service provision, the Client provides the Executor with personal data necessary for Service provision in accordance with the form approved by the Executor and located on the Website (Service Request Form).
  • 4.2. Upon full payment for Services by the Client (methods and terms are indicated in the relevant section of the Website), the Executor, via Internet communication (email, messenger, etc.), sends the Client to the email address specified in the Application, or via messenger, authentication data (login and password), as well as a hyperlink leading to a section of the Website closed to the general public or to the Platform, or to a closed community (group) in a social network/messenger where the Client is granted personal access to paid Information Materials (Course) during the Service provision period.
  • 4.3. If the Client uses the Service, i.e., accepts full or partial performance under the contract from the Executor, or otherwise confirms the action of the contract, they have no right to claim that the contract is not concluded and the Service was not provided to them.
  • 4.4. The fulfillment of the obligation to provide Access Services is considered to be the placement of Information Materials on the Website, Platform, or in a closed community (group on a social network or messenger) and opening access to them for the Client within the terms, quantity, and according to the description posted on the Website, or – the conduct of the Online Event. Services are considered fully provided from the moment access to Information Materials is granted or the Online Event is held, regardless of whether the Client used such access, when they used it, or whether they participated in the Online Event, as these circumstances do not depend on the Executor.
  • 4.5. Information and Additional Services are considered provided upon the expiration of the relevant terms specified on the Website or from the moment of granting access (clause 3.3 of this Contract). The absence of claims from the Client, sent in writing to the Executor within three calendar days from the day of completion (conducting) of any of the events / expiration of the Service provision period under the selected and paid Package, confirms the proper quality of the provided services and the Client’s acceptance of their quality and volume. Accordingly, the Parties agreed on the absence of the need to sign a certificate of acceptance of the provided services.
  • 4.6. Services are provided by the Executor either personally or through third parties. The need to involve third parties for Service provision is determined by the Executor independently.
  • 4.7. In case the Client purchases a Package with feedback, task review and Consultant’s answers are provided – depending on the Package selected by the Client – in the personal account of the Platform or in the chat (group, community) with other Clients or in individual correspondence with the Consultant in the messenger within 24 hours from receipt. Approval of the level of homework completion can also be expressed by admission to the next lesson/ task.
  • 4.8. Services are limited to providing the Client with information and recommendations on developing skills for independent use. This activity is not subject to mandatory licensing.
  • 5. Rights and Obligations of the Parties 5.1. The Client has the right to:
  • 5.1.1. Access the server on which the Website is hosted 24/7, except during maintenance periods.
  • 5.1.2. Receive Services - paid separately or according to the selected and paid Service Package.
  • 5.1.3. Independently decide on the necessity of taking actions recommended by the Executor as part of the services provided under this Contract.
  • 5.1.4. Receive information on any issues related to the organization of Service provision under this Contract.
  • 5.1.5. The Client does not acquire any rights to use Information Materials other than a non- exclusive right to review them.
  • 5.2. The Client does not have the right to:
  • 5.2.1. Alter any part of the software of the Website or Platform used for providing Services, perform any actions aimed at changing the functioning and operability of the Website, or perform any actions aimed at damaging the functionality and/or operability of the Website, servers, domains, networks, or programs of the Website and Platform. Circumvent any technical restrictions set on the Website and Platform used by the Executor for providing services under this Contract.
  • 5.2.2. Study the technology, decompile, or disassemble the Website, Intellectual Property, or any materials included in the services provided under this Contract.
  • 5.2.3. Create copies of the Website, Intellectual Property, or any materials included in the services provided under this Contract, as well as copy their external design (layout) and content (textual and verbal parts).
  • 5.2.4. Provide access to Information Materials, the Personal Account, and any materials included in the services provided under this Contract, to third parties. The Client is obligated not to provide authentication data to third parties for access to the course and/or its parts.
  • 5.2.5. Create derivative and similar products (courses) provided by the Executor, distribute, transfer to third parties, or otherwise use partially or fully Information Materials and the content of the Website and courses.
  • 5.2.6. Sell or assign claims to the Executor.
  • 5.2.7. Post third-party personal data on the Website without their consent, including home addresses, phone numbers, passport data, email addresses, and any other information.
  • 5.3. The Client is obligated to:
  • 5.3.1. Personally consume the Services. Not to transfer to third parties and ensure the confidentiality of passwords for access to the Personal Account on the Platform and to any special Software used for consuming the Services provided by the Executor under this Contract, as well as ensure the confidentiality of links for reviewing Information Materials received from the Executor.
  • If cases of the Client providing access to the Personal Account of the Website or Platform to third parties are discovered, the Executor has the right to fully block the Client's access to the Personal Account, Course, and Information Materials, including those prepaid by the Client, and act by all legal means to protect their copyright and exclusive rights. In this case, the payments made by the Client are considered a penalty.
  • 5.3.2. Follow the established Course schedule, goals, and essence of the Executor's tasks, meet task deadlines, follow recommendations and requirements of the Executor within the scope of this Contract, and ensure their direct participation in reviewing Information Materials according to the purchased Services.
  • 5.3.3. Communicate with the Executor and other parties in the course of fulfilling this Contract in a correct and censored manner. If the Package provides for communication with other Clients in a chat in one of the messengers (WhatsApp, Telegram, or others), show respect to other chat participants.
  • 5.3.4. Independently familiarize themselves with information about terms, descriptions, and conditions of the Service provision on the sales Website. If there are any questions related to the Services provided under this Contract, contact the Executor for clarification at the address provided: bt.mosendz@gmail.com. The absence of inquiries indicates that the Client is sufficiently informed about the Services provided under this Contract and the conditions under which they are provided.
  • 5.3.5. Independently set up Software, hardware, and the Internet channel of their computer (laptop), and ensure the operation of the Internet channel in a way that allows them to use all the services of the Website and Platform utilized by the Executor during Service provision.
  • 5.3.6. Comply with the legislation of California on intellectual property, its protection, and bear responsibility for its violation. The Client unconditionally acknowledges their obligation not to infringe on the results of intellectual activity belonging to the Executor, undertakes to familiarize themselves with Information Materials exclusively for personal purposes, and not use the acquired knowledge and skills for teaching, consulting, or informing others, or in similar and/or related commercial projects.
  • 5.3.7. Provide complete and accurate data when entering into relationships related to this Contract. If incorrect or incomplete data is provided by the Client, the Executor is not responsible for providing any information to third parties based on erroneously provided data.
  • 5.4. The Executor has the right to:
    5.4.1. Engage third parties to perform this Contract.
  • 5.4.2. Refuse to provide services to the Client in the absence of payment for the selected Service within the deadlines specified on the Website.
  • 5.4.3. Not commence Service provision or, if such provision has begun, suspend Service provision and deny the Client access to Services and the Personal Account if any of the following reasons occur:
  • 5.4.3.1. Provision of incomplete and/or inaccurate information about the Client (clause 5.3.7 of this Contract);
  • 5.4.3.2. Violation by the Client of the terms or other conditions of payment for services under this Contract (clause 4.2 of this Contract);
  • 5.4.3.3. Violation by the Client of clauses 5.2 and 5.3 of this Contract.
  • 5.4.4. Unilaterally change the terms of this Contract without prior agreement with the Client, ensuring the publication of the amended terms on the Website at the address specified in clause 1.1.1 of this Contract at least one day before they come into effect.
  • 5.5. The Executor is obligated to:
  • 5.5.1. Provide the Services paid for by the Client of proper quality and volume within the timeframes specified on the Website.
  • 5.5.2. Not disclose information about the Client's personal data without their consent and process it solely for fulfilling this Contract in accordance with the Executor's approved Personal Data Processing Policy.
  • 6. Cost of Services and Payment Procedure
  • 6.1. The cost of services provided is determined by the Executor unilaterally in U.S. dollars. The Executor has the right to unilaterally change the prices of services provided. Information about price changes is posted on the Executor's Website. The date of effect of new prices and payment terms is the date they are posted on the Executor's website.
  • 6.2. The cost of services provided under this Contract depends on the Service Package selected by the Client. Information on the cost of Service Packages is posted on the Executor's Website.
  • 6.3. Payment for services provided under this Contract is made by the Client in the amount of 100%, in a single payment, by bank transfer, cash at any bank branch, through payment systems, electronic money using electronic payment services according to the rules of the respective electronic payment services and processing companies, and other methods specified by the Executor in the relevant section of the Website.
  • 6.4. The moment of payment is considered the receipt of funds into the Executor's account. The Client undertakes to retain all documents confirming payment until the funds are credited to the Executor's account. If the funds from the Client do not arrive in the Executor's account within the specified period and/or in the specified amount, the Executor has the right not to commence Service provision or suspend it.
  • 6.5. The Executor has the right to establish various discounts from the cost of services and special offers for Service Packages valid for a limited time. In such a case, the Client agrees to the terms of special offers by expressing their acceptance by paying for the selected Package at a special price (with a discount). Information about discounts, special offers, and their duration is posted by the Executor on the Website. If the discount or special offer period expires, the Client is not entitled to demand the Executor to enter into a contract with them on special terms. In any case, the cost of Services is determined on the date of their payment by the Client. If the Client did not use the discount or special offer and presented claims for compensation of the price difference, the Executor will not satisfy this claim because the Client's actions at the moment of payment for services during the Executor's discount or special offer period are not dependent on the Executor.
  • 6.6. The Client has the right to secure the right to purchase the Executor's Service Package at a discounted/promotional price (reserving participation at the best price), for which they make a prepayment to the Executor. This prepayment is a deposit and is non-refundable by California law.
  • 6.7. If the Client decides to take advantage of the bank-partner's offer and pay for the Executor's Services in installments, the Executor does not enter into relationships with the Client regarding the latter's crediting since the Executor is exclusively an Executor under this Contract and is not responsible for the relationships between the Client and credit organizations.
  • 7. Refund Procedure
  • 7.1. All refund claims are accepted in writing at the Executor's email address: bt.mosendz@gmail.com.
  • The application is filled out by the Client by hand, signed by the Client, scanned, and sent as a scan copy to bt.mosendz@gmail.com with the subject line "Refund Application." The mandatory points of the refund application include:
  • 7.1.1. The name of the recipient and the applicant's data (full name, passport data, residence address, phone number, email address);
  • 7.1.2. The amount paid for Services and purchase information (date, order identifier, order amount, payment method, email address for ordering the product);
  • 7.1.3. Reasons for requesting a refund and detailed justification of the claim;
  • 7.1.4. Details for fund transfer (account number of the recipient from which the Services were paid, recipient bank's name, account number, recipient's full name);
  • 7.1.5. Attachments (proof of payment, passport copy), date, signature, and decryption;
  • 7.1.6. Expression of consent for processing the applicant's personal data specified in the application;
  • 7.1.7. The date of sending the application.
  • 7.2. A photocopy (scan) of the applicant's identity document and a scan of the payment document confirming the payment must be attached to the refund application.
  • 7.3. The decision to refund or deny a refund is made by the Executor within ten days from the date of receiving the Client's application.
  • 7.4. Funds are returned to the Client's account from which the Services were paid within ten days after the decision to refund is made.
  • In this case, the Client is refunded the amount paid minus the cost of services actually provided (e.g., lessons for which access was granted) and the actual expenses incurred by the Executor (taxes, fees, bank commissions, etc.).
  • 7.5. If a refund is made for a Service or Service Package purchased at a discount (special offer), the cost of the Services is determined on the date of payment by the Client, and the cost of course parts (see Appendix) is recalculated considering the discounted price.
  • 7.6. If the refund application is satisfied, access to the Information Materials for the Client is terminated within 1 (one) day from the date the Executor sends the Client a decision regarding the refund. The Client's request for a refund is also considered a withdrawal of the previously given acceptance mentioned in clause 1.2 of this Contract.
  • 7.7. If the refund application is satisfied, access to the Information Materials for the Client is terminated within 1 (one) day from the date the Executor sends the Client a decision regarding the refund. The Client's request for a refund is also considered a withdrawal of the previously given acceptance mentioned in clause 1.2 of this Contract.
  • 8. Liability
  • 8.1. Decision-making based on all information provided by the Executor is the exclusive responsibility of the Client. The Client assumes full responsibility and risks associated with using the information and materials provided by the Executor under this Contract. The Executor does not guarantee that the content of the Services provided under this Contract will meet the Client's expectations. The Executor is not responsible for the Client achieving the desired result, as this depends on the duration and regularity of the Client's training, their individual characteristics and personal qualities, and the quality and speed of mastering/using the knowledge and materials received from the Executor.
  • 8.2. The Executor is not responsible for the life, health, and well-being of the Client, their financial situation, moral, and psychological state, and the results of their actions or inactions. The Client independently determines the possibility and appropriateness of applying the methods, techniques, and recommendations of the Course and completing the tasks and exercises recommended by the Executor (Consultant). The Client acknowledges that they are solely responsible for all decisions and actions taken during the Course. The decision to follow the Executor's (Consultant's) recommendations is made by the Client independently.
  • 8.3. The Executor is not responsible for the inability to provide services to the Client due to issues related to the operation of the Internet channel, equipment, or software on the Client's side, as well as for any other reasons hindering the Client's receipt of services caused by the Client's fault.
  • 8.4. The Client bears full responsibility for the illegal use of information that is part of the course and obtained from the Executor. The Client undertakes unconditionally not to create derivative and similar products (courses) produced and provided by the Executor, not to distribute, transfer to third parties, or use in any way partially or fully the Information Materials and content of the Website and courses other than for personal non-commercial consumption. If clause 5.2.4 is not followed (upon discovering that third parties accessed the Services, Packages, and/or their parts through the Client's Personal Account), the Client is obliged to pay a penalty of $50,000. In case of non-compliance with clauses 5.2.3, 5.2.5, 5.2.6, and/or 5.3.6 of the Contract, the Client is obliged to pay a penalty of $100,000. The penalty amounts are determined by the potential or actual damage to the Executor's rights and legal interests, which significantly exceeds the cost of Services paid by the Client under this Contract. The Executor's demand for penalty payment is subject to immediate satisfaction in a voluntary pre- trial manner. In case of refusal or failure to satisfy the penalty payment demand, the Executor has the right to seek judicial protection.
  • 8.5. The Executor is not responsible for the actions of banks and electronic payment systems ensuring payment and refund of funds under this Contract. The Executor is also not responsible for the inability to provide services to the Client for reasons beyond the Executor's control, such as disruptions in the Internet, equipment, or software on the Client's side, email delivery failures, including when the Executor's emails are placed in the "Spam" folder. In such cases, services are considered properly provided and payable in full.
  • 8.6. The Client confirms that their disagreement with the opinions of consultants, experts, curators, or speakers, the methodology, and content of the Services is not grounds for a refund and claim for quality. The Client's unwillingness to continue training is also not grounds for a refund.
  • 8.7. In case of violation of other terms of this contract, the parties are liable according to the current laws of California.
  • 9. Dispute Resolution Procedure
  • 9.1. All disputes and differences between the parties are resolved through negotiations. The pre-trial claim procedure for resolving disputes arising from the relationships concerning this contract is mandatory.
  • 9.2. The Executor accepts the Client's claims regarding the provided services in writing at the email address specified in section 11 of this Contract.
  • 9.3. The party receiving the claim must review it in accordance with the current laws of California and respond within ten business days from the date of receipt.
  • 9.4. If the dispute is not resolved in a pre-trial manner, it is submitted to the court at the Executor's location.
  • 10. Final Provisions
  • 10.1. Electronic document exchange to the email addresses specified by the Executor in this Contract and indicated by the Client when filling out the registration form is equated by the Parties to document exchange on paper, including sending claims and/or responses to claims.
  • 10.2. The Executor has the right to withdraw the offer in accordance with California law. In case of withdrawal of this offer, this Contract is considered terminated from the moment of such withdrawal. The withdrawal is carried out by posting the relevant information on the Website or sending a personal email to the Client.
  • 10.3. The Executor reserves the right to change or supplement any terms of this Contract at any time by publishing all changes on the Website. If the published changes are unacceptable to the Client, they must notify the Executor in writing within 7 (seven) days from the publication of the changes. If no notification is received, it is considered that the Client continues to participate in contractual relations with the Executor under the new conditions. In this case, the cost of paid services is not subject to change.
  • 10.4. This Contract may be terminated at the initiative of the Client. Considering the one-time provision of access to the Service Package or individual services to the Client, the amount of actual expenses incurred by the Executor in case of termination of this Contract at the initiative of the Client equals the cost of the Executor's services under this Contract. In other cases, where it is possible to determine the cost of course parts, the parties follow the provisions of section 7 of this Contract regarding the termination of the Contract and the refund of the Client's payments.
  • 10.5. The Contract may be terminated at the initiative of the Executor in case of violation by the Client of clauses 5.2, 5.3 of this Contract. Termination occurs by notifying the Client through the email provided during registration on the Executor's website. Funds paid to the Executor in this case are non-refundable.
  • 10.6. In all matters not regulated by this contract, the parties are guided by the current laws of California.
  • 10.7. Recognition by the court of any provision of this contract as invalid or unenforceable does not entail the invalidity of other provisions.
  • 10.8. This Contract applies worldwide and in the Internet information network.
  • 10.9. All materials provided to the Client by the Executor during the provision of services under this Contract are subject to copyright. Information accessed by the Client, as well as transmitted and/or sent to the Client within the scope of the Services provided by the Executor, is intended solely for the Client, is confidential, and protected by the provisions of current copyright law. Without additional agreements or official written consent from the Executor, such information may not be copied, transmitted to third parties, reproduced, distributed, forwarded, or published electronically or in print.
  • 11. Executor's Details:
  • Individual Entrepreneur: Olha Novikova
    Tax Identification Number: The Tax Identification Number (TIN) will be provided privately upon request if necessary
    Email: Bt.mosendz@gmail.com
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