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Public offer

  • Definition of terms

Public offer – an offer by the Provider, posted on the Provider’s Website, addressed to an indefinite group of individuals who are adult residents of Ukraine, to conclude a Contract on the terms specified in this offer.

Acceptance – full, unconditional, and unreserved acceptance by the Client of the terms of the public offer and the Agreement.

Website (Site) – a web page available on the Internet under the domain name https://school.ap.education/ and all (any) subdomains of this resource.

  • General provisions
      1. LIMITED LIABILITY COMPANY “AP EDUCATION CENTER”, EDRPOU 43744824, legal address: 79019, Lviv region, city of Lviv, Khmelnytskyi B. St., 114A, represented by Director Alla Yuriivna Kryviak, acting based on the Charter (hereinafter referred to as the “Provider”), in accordance with Articles 638 and 641 of the Civil Code of Ukraine, announces a Public Offer to conclude an Agreement on the provision of educational information services (hereinafter referred to as the “Agreement”).
      2. The Public Offer is not a public agreement within the meaning of Article 633 of the Civil Code of Ukraine.
      3. The publication of the text of the Agreement on the Website is an offer by the Provider to individuals who wish to order the Provider’s training services and conclude the Agreement on the terms specified therein.
      4. The conclusion of the Agreement is the acceptance of this Public Offer (accession to the Agreement), which is carried out by paying for the Provider’s services in accordance with the Payment Notice received from the Provider, without further signing of written copies of the Agreement by the Parties.
      5. The details for payment for the Provider’s services are specified in the Payment Notice.
      6. The moment of payment is the crediting of the funds paid by the Client to the Provider’s bank account using the functionality of the Website.
      7. A person who has not fulfilled the requirements of clause 2.4 is not a Client within the meaning of the Agreement.
      8. The Client’s acceptance of the Public Offer is comprehensive; the Client may not propose their own terms of the Agreement.
      9. By entering into the Agreement, the Parties assume all obligations and acquire all rights provided for in the terms of the Agreement.
      10. By accepting the Public Offer, the Client confirms that at the time of concluding the Agreement, they have read the full text of the Agreement, fully understood its content, and agree to all its terms and conditions, and also unconditionally affirms that they are not deprived of any rights that they normally have, and that the Agreement does not contain any terms that are burdensome to them in any way.
      11. By accepting the Public Offer, the Client automatically agrees to receive information about the services and the terms of their provision by receiving notifications from the Provider.
      12. The Client has the right to refuse to receive such notifications by notifying the Provider in advance by the established means of communication.
      13. The Client understands and confirms that his/her consent to the terms of the Agreement and/or acceptance of services after the publication of the new version of the Agreement means the Client’s consent to the updated terms of the Agreement. If the Client does not agree with the new terms of the Agreement, they must stop accepting the Provider’s services.
      14. All terms of the Agreement outlined in this Public Offer are binding on the Parties. Before starting to use the services, the Client is obliged to familiarize themselves with the terms of the Agreement and other information published on the Provider’s Website.
  • Contents of the Public Offer:

Agreement on the provision of information services for training

  • Definition of terms
  • Client – a natural person (individual) who has fulfilled the terms of the Public Offer and received the Provider’s services in the manner provided for by the Public Offer and the Agreement.
    1. Payment notification – a notification sent by the Provider to the Client containing information about the payment for the relevant Package(s) of the Provider’s services.
    2. Information materials – text, graphic, audiovisual, or any other materials developed, organized, and provided by the Provider for use by the Client, as well as intellectual property rights belonging to the Provider.
    3. Service Package – a comprehensive set of services or a single service formed by the Provider and provided using the Information Materials.
  • Subject of the Agreement
    1. Under this Agreement, the Provider undertakes to provide the Client with information services for training and support services (hereinafter referred to as the Services), and the Client undertakes to accept the specified services and pay for them in accordance with the procedure and on the terms specified in the Agreement.
    2. The scope and characteristics of the Services under the Agreement are determined by the relevant Service Package selected and paid for by the Client. The service packages provided (offered) by the Provider and their cost are specified on the Website.
    3. If individual lessons are selected, the Client has the right to change the date and/or time of the relevant lesson only if they give notice of this no later than 5 hours (five hours) before the start of the lesson. The Client has the right to make such a change no more than 2 (two) times per month, regardless of the selected Service Package.
    4. If the Client misses a lesson, the Provider has the right not to refund the money paid for such a lesson.
  • Contract price and payment procedure
  • Payments under this Contract shall be made in the national currency of Ukraine (hryvnia) in non-cash form by transferring funds from the Client’s account to the Provider’s current account.
    1. The cost of the Provider’s Services under the Agreement depends on the Service Package chosen by the Client and is determined in accordance with the prices (cost) of the Service Package specified on the Website.
    2. By additional agreement of the Parties, payment for the selected Service Package may be divided into parts so that the Client pays for the services in parts during the period of receiving services under the relevant Package. Such an additional agreement shall be formalized in a manner convenient for the Parties, including by exchange of electronic messages.
    3. By additional agreement of the Parties, the Client shall be entitled to a discount on Service Packages. Such additional agreement shall be formalized in a manner convenient for the Parties, including by exchange of electronic messages.
    4. The funds paid by the Client for the Services shall not be refunded in the event of the Client’s refusal to perform the Agreement, unilateral termination of the Agreement at the initiative of one of the Parties, as well as in any other cases when the provision of services was interrupted or became impossible for reasons beyond the Provider’s control (failure to provide documents, inaction of the Client).
    5. Payment of bank fees shall be distributed as follows: the Provider’s bank fees shall be paid by the Provider, and the Client’s bank fees, as well as those of intermediary banks, shall be paid by the Client.
  • Acceptance of services
    1. After completing registration, the Client receives a Payment Notice and the terms and conditions for the provision of the Service Package selected by the Client from the Contractor.
    2. The fact that the Contractor has provided the Services is confirmed by the Client’s access to the Information Materials and may also be additionally confirmed by the Parties signing a Service Provision Certificate (hereinafter referred to as the “Certificate”) at the Contractor’s discretion.
    3. If the fact of the provision of services by the Contractor is certified by the signing of the Act by the Parties, including through the use of an electronic signature, it shall contain the names of the Parties, the names and list of services provided by the Contractor, and the cost of the services. The Act shall be prepared by the Contractor in two copies and provided to the Client by sending it to the email address specified in the Registration Form.
    4. The Client is obliged to sign the Act and return it to the Contractor, including by sending it to the email address specified in the Agreement, within 5 (five) working days from the date of its receipt, or within the same period provide the Contractor with written comments on the results of the services provided.
    5. If the Client does not sign the Act or does not express their written objections (comments) regarding the Act within 5 (five) business days from the date of its receipt, the Act shall be deemed signed and the services accepted by the Client in full.
    6. The services shall be deemed to have been provided by the Contractor in a proper manner if, within 2 (two) days from the date of provision of the Services, the Client has not received any complaints regarding their quality and completeness.
  • Rights and obligations of the Provider
    1. The Provider is obliged to:
      1. provide the Client with Services in the scope and manner specified in the Agreement;
      2. subject to proper acceptance of the Public Offer, provide the Client with access to Information Materials;
      3. at the Client’s request, provide him with advice and necessary information regarding the Service Package;
    2. The Provider has the right to:
      1. change, update, and improve the Information Materials and/or the Service Package at its own discretion in accordance with its own needs, current trends, the needs of potential Clients, etc.;
      2. receive payment for the Services provided in accordance with the procedure and conditions specified in the Agreement;
      3. to terminate the Agreement in the event of the Client’s failure to fulfill its obligations, in particular, if during the provision of services it is discovered that the Client has provided inaccurate data or documents, delayed or failed to make payment, or if it is impossible to contact the Client within 14 (fourteen) days.
  • Rights and obligations of the Client
  • The Client is obliged to:
        1. pay for the Provider’s Services in accordance with the terms of the Agreement;
        2. provide accurate information, documents, and other information or materials (photographs for the preparation of relevant documents, etc.) necessary for the provision of services specified in the Agreement;
        3. accept the duly provided Services.
  • The Client has the right to:
      1. choose a Service Package in accordance with their own needs;
      2. receive the Services in accordance with the terms of the Agreement;
      3. gain access to the Information Materials, provided that all the terms and conditions of the Agreement are duly fulfilled and there are no violations thereof.
  • Responsibility of the Parties
    1. For failure to fulfill or improper fulfillment of the obligations specified in the Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of the Agreement.
    2. The results of different Clients may vary significantly when using the same Services. By using the Provider’s Services, the Client waives any claims against the Provider regarding the results of using the Provider’s Services.
    3. The Provider shall not be liable for any results, achievements, profits, reputational and other risks, etc., that may arise from the use of the Provider’s services and are not received by the Client.
    4. If the Client has made payment for the provision of services late and/or not in full, the Provider has the right to terminate the Agreement and refuse to provide services to the Client without refunding the payment made.
    5. In the event of a violation by the Client of the Provider’s intellectual property rights, including in the event of the transfer of Information Materials by the Client to third parties, upon discovery of the use of the specified Information Materials by the Client for commercial purposes, the Client shall bear the following responsibility:
  • termination of the Client’s access to the Information Materials, unilateral termination of the Agreement without refunding the payment made;
  • compensation to the Provider for losses caused by such a violation, as well as payment of the penalty provided for in the Agreement.
  1. In the event of a breach by the Provider of the terms of service provision, the Provider’s liability shall be limited to the extension of the terms of service provision or the provision of services within new terms until their full performance.
  2. In any case, the Provider’s total liability to the Client for any claim or complaint under the Agreement shall be limited to the cost of the service provided under this Agreement.
  • Term of the Agreement
    1. The Agreement shall come into force upon acceptance of the Public Offer by the Client and shall remain in force for the duration of the Public Offer.
    2. The provisions of the section on non-disclosure of confidential information, as well as clause 11.3 of the Agreement on the Client’s liability, shall remain in force during the term of provision of Services under the Agreement and for 5 (five) years after its expiration.
    3. The expiration of the Agreement shall not release the Parties from liability for any breach of obligations that occurred during the term of the Agreement.
    4. The Agreement may be terminated by mutual agreement of the Parties.
    5. The Provider has the right to terminate the Agreement unilaterally in the following cases:
      1. failure by the Client to fulfill its obligations under § 3 of the Agreement, in particular in the event of a breach by the Client of the terms of payment for the Provider’s Services;
      2. violation by the Client of the Provider’s internal rules;
      3. the Client’s refusal to receive the Services under the Agreement.
  • Intellectual property
      1. The information materials are the intellectual property of the Provider and therefore are not freely accessible.
  • The right to use the Information Materials received by the Client in the process of providing the Services by the Provider is limited to the use for the purpose of obtaining the relevant Services. The use of Information Materials for purposes other than those provided for in this clause is not permitted. 
    1. The Provider reserves all exclusive property rights: the exclusive right to use the Information Materials and the exclusive right to authorize or prohibit the use of the Information Materials by other persons.
    2. The Provider does not grant the Client any rights to use trademarks for goods and services that may be contained in the Information Materials.
  • Non-disclosure of confidential information
    1. The Parties agree to maintain the confidentiality of the information received.
    2. The Provider undertakes to maintain confidentiality with regard to the Client’s personal data; to prevent attempts by third parties to use the Client’s personal data without authorization; not to provide access to the Client’s personal data to persons who are not directly involved in the execution of the order, except in cases provided for by the current legislation of Ukraine.
    3. The provisions of this section do not apply to cases where the disclosure of confidential information is directly required by the legislation of Ukraine.
  • Dispute resolution
    1. All disputes and disagreements between the Parties shall be resolved through negotiations based on mutual concessions.
    2. If the Parties are unable to reach a mutual agreement on the differences that have arisen as a result of negotiations, or if one of the Parties evades negotiations, the dispute shall be resolved in court in accordance with the legislation of Ukraine.
    3. If the Client uses the Information Materials for purposes other than those specified in the Agreement, in case of violation of the Provider’s intellectual property rights in any other way, as well as violation of the terms of the Agreement on non-disclosure of confidential information, shall be obliged to compensate the Provider for the damages caused and additionally pay a fine in the amount of 100,000 (one hundred thousand) hryvnias for each such violation. The fact of use of the Information Materials, violation of the Provider’s intellectual property rights, violation of the terms of this Agreement on non-disclosure of confidential information shall be recorded by the Provider in any form, of which the Provider shall notify the Client. The Client shall pay the amount of damages and the fine to the Provider’s account specified in the Agreement or in the request sent by the Provider within 10 (ten) days from the date of receipt of the request for payment of the fine and compensation for damages. If the Client evades receiving the Provider’s claim, it shall be deemed that the claim was received within 10 (ten) calendar days from the date of its sending to the Client’s email or by mail (registered letter with a description of the contents).
  2. Force majeure
    1. In the event of circumstances that make it impossible for one of the Parties to fully or partially fulfill its obligations under this Agreement, namely: fire, natural disasters, wars, military operations of any kind, blockades, export or import bans, strikes, interference by state or local authorities, cyber attacks or cyber threats, epidemics, pandemics, the introduction of quarantine, any other interference and/or other circumstances beyond the control of the Parties, the term for the performance of the Parties’ obligations under the Agreement shall be postponed for the duration of these circumstances. If the force majeure circumstances last for more than 30 (thirty) calendar days, either Party shall have the right to terminate the Agreement. A Party shall be exempt from liability for non-performance or untimely performance of its obligations under the Agreement in connection with force majeure circumstances. The Client shall not be exempt from the obligation to pay for services due to force majeure circumstances.
    2. The Party affected by force majeure circumstances shall be obliged to notify the other Party in writing within 10 (ten) business days of the commencement, possible duration, and termination of the aforementioned circumstances. A document issued by the Chamber of Commerce and Industry of the relevant country or region, or another competent authority, is sufficient proof of the existence and duration of force majeure circumstances. Such a document must be provided to the other Party immediately after its receipt. Such a document may also be provided after the expiry of the period specified in this clause.
  • Additional conditions
    1. The Client shall not be entitled to transfer its rights and obligations under the Agreement to a third party without the written consent of the Provider.
    2. The possible invalidity of one or more provisions of the Agreement shall not entail the invalidity of the entire Agreement or its individual parts, which shall remain in force.
  • Provider’s details

Limited Liability Company “AP EDUCATION CENTER”

EDRPOU code 43744824

Legal address:

114A Bohdana Khmelnytskoho St., Lviv, 79019, Ukraine

Tel: +380962656099

E-mail: head@school.ap.education

Bank details: IBAN: UA653052990000026006041007326