Public offer

Public offer agreement for consulting services (psychological aid), training services (webinars, lectures, trainings) and organization of congresses (conferences)

Preamble

Kyiv, 10 December 2022

War Psychotrauma Institute is a trademark (commercial name) of company of individual entrepreneur Stanislavska Tetiana Oleksiivna, USREOU code 2650815605, payer of 5% single tax, registered in Single State Register of Legal Entities and Natural Persons-Entrepreneurs and Civil Society Organizations under No. 2 067 000 0000 178963 on 16 March 2020 (hereinafter, the Contractor), under Articles 633, 638, 641, 642 and 644 of Civil Code of Ukraine makes a public offer (hereinafter, the Public Offer) to the Client on providing consulting services (psychological aid), training services (webinars, lectures, trainings) and organization of congresses (conferences), hereinafter the Services, and the Client accepts it and pays for it.

The acceptance of Public offer is done by the Client according to the procedure defined by this Agreement. As a result of this Public offer acceptance by the Client the Agreement is deemed concluded.
Hereinafter in the Agreement, the Contractor and Client are separately referred to as Party and jointly, as Parties.

1. Definitions of terms

Public offer (hereinafter, Offer) means a public proposal addressed to an unlimited number of Clients with an aim to conclude an Agreement under terms contained therein, published on the Client’s website.
 
Website means a web page of the Client on the Internet at the address stanislavskaya.me, which is the Client’s main information source about the Contractor’s Services, their terms and price.

Acceptance means full, unconditional and unrestricted acceptance of terms by the Client in the form they are laid out in this Offer. Acceptance is performed via transferring funds to the Client’s bank account.

Client means a natural person or a legal entity which performed an Acceptance of this Offer to obtain consulting services and paid their price according to the invoice provided by the Contractor.

Arrangements mean agreements achieved by the Parties in oral or written form, via messengers or email.

Services are provided by the Contractor in oral form, including over the telephone, Skype, other video messengers, and also during a personal meeting.  

Duration of Services is indicated on the Website and depends on the type of Services chosen by the Client.  

Field of Services means a type of verbal interaction excluding any medical recommendations, issuing prescriptions and sales of any medical goods, including medicines.

Frequency of Services is determined by the Contractor and the Client jointly or is indicated on the website. Consultations can be one-time (once or twice per year) or regular (one to three times a week); in the latter case they are a Psychotherapy Course.

Consultation Topics are determined by the Client who informs the Contractor about them in oral or written form, via messengers or email.

Venue, date and time for the start of Services is determined by the Contractor who informs the Client about it. The communication of Parties beyond the outlined terms and established time slot is not Services.

Result means the change of Client’s psychological state during the receipt of Services, which matches the Client’s initial goal (request). The evaluation of achieved result has no objective criteria because it fully depends on individual features of the Client and can change more than once during the receipt of Services.  

2. Subject of Agreement

2.1. This Agreement is public, concluded by the Contractor on the one hand and the Client, on the other, since the moment of acceptance by the latter of all terms in this Agreement without exceptions.

2.2. The subject of Agreement is Services provided by the Contractor to the Client under the terms of this Offer.

2.3. Contractor shall provide the Client with Services, and the Client shall accept and pay for them according to the procedure and terms defined by this Agreement and Ukrainian legislation.

2.4. Provision of Services by the Contractor under this Agreement is performed under current Ukrainian legislation and arrangements of the Parties.

3. Payment for services

3.1. The cost of Services under this Agreement is defined in the Contractor’s invoice on the basis of price indicated on the Website or according to the Parties’ arrangements.

3.2. The payment procedure for Contractor’s Services is 100 per cent advance payment, if not otherwise agreed by the Parties.

3.3. Client pays for Services by transferring funds to the Client’s account indicated in this agreement.

4. Rights and obligations of Contractor

4.1. Contractor shall:

А) provide Services envisaged by this Agreement in a timely manner, in full and according to high standards of quality;

B) provide Services in Ukrainian as state language or in translation into Ukrainian.
In some cases, upon request of the Client, the Contractor can provide services in a language more understandable to the Client and facilitating better understanding and/or receiving a therapeutic result. In this case Contractor can communicate in this language herself or use the service of an interpreter.


C) before payment arrives from the Client, provide instructions about the procedure for receiving Services;

D) warn the Client about the impossibility to provide Services or the change in time no less than one hour before the start. The Contractor informs the Client about it via email, social networks or another method;

E) not disclose to third persons information about provided Services, their results, personal and family life of the Client which became known to the Contractor during execution of this Agreement, except cases envisaged by Ukrainian legislation or upon Client’s permission.

4.2. Contractor has the right to:

А) refuse to provide Services to citizens of aggressor countries, Russian Federation and Belarus. Citizens of any other country (including Ukraine) will also be refused training if they are pro-Russian and do not support Ukraine in the war with Russian Federation.


B) not reimburse the cost of Services to the Client in the following cases:
–Client hasn’t informed the Contractor he/she will not be present at the individual consultation or did that later than 24 hours before the beginning;
–Client is under influence of alcohol or drugs;
–Client has disruptions in the functioning of the Internet, equipment or software, there were disruptions in the functioning of his/her email, including those causing Contractor’s letters to land in the Spam folder;
– Client has not fulfilled the recommendations of the Contractor and as a result got undesirable consequences (direct or indirect damage) to his/her physical and/or mental health.
In all the abovementioned cases the services of providing Services are deemed executed and are to be paid for in full.

C) require from the Client to diligently perform taken-up obligations and recommendations provided by the Contractor as well as respectful attitude to the Contractor;

D) change the terms of this Agreement unilaterally without preliminary agreement with the Client.

5. Rights and obligations of Client

5.1. Client shall:

А) pay for Services under this Agreement;
 
B) adhere to Contractor’s recommendations;

C) inform the Contractor about the impossibility of presence at individual consultation no later than 24 hours before the start;

D) have a PC or mobile device with Internet access equipped with headphones and microphone, with installed software necessary and sufficient for receiving Services;

E) ensure continuous work of his/her equipment and installed software, including email;

F) in communication with Contractor, her employees and partners the Client shall be polite with all participants, solve any disputes and controversies in a calm way and according to ethical principles. Non-fulfillment of this clause is an unconditional ground for unilateral refusal of the Contractor to perform her obligations under the Agreement and to further provide Services to the Client.  

5.2. Client has the right to:

А) Receive Services in a timely manner, in full and according to high quality standards, under terms of this Agreement;  
B) ask for the change of time for individual consultation, but no later than 24 hours before its start;

C) obtain reimbursement of advance payment in case of refusal from the Service, having warned about it no later than 24 hours before its start;

D) change the initial request formulated before individual consultation.

6. Responsibilities of Parties

6.1. Client bears responsibility for the completeness and truthfulness of information provided to the Contractor. During the provision of Services Contractor relies on the information provided by the Client.

6.2. No information and materials provided by the Contractor in the framework of Services under this Agreement shall be considered as guarantees of the Result as it depends on the actions of Client him/herself, his/her mental maturity, personal qualities, readiness for change, and responsibility for his/her life. Any decisions made on the basis of Services provided by the Contractor are the exclusive competence of the Client. Client takes full responsibility for the risks associated with the use of information provided by the Contractor within the performance of her obligations under this Agreement.

Services provided by the Contractor under this Agreement do not require licenses or conformity certificates. Along with that, they may not match habitual (naturally formed) conditions and behavioral way of life for the Client; they require self-control and continuous observation of one’s well-being. After any signs of negative consequences of Services the Client shall immediately cease their receipt and consult a doctor/another line expert.

Contractor is exempt from any liability, including compensation of any damages and sanctions associated with emergence/manifestation of negative consequences for the Client, which are related toe Contractor’s Services, as the Client receives them at his/her own risk, aware of circumstances laid out in this Agreement.

6.3. The Parties are exempt from liability for non-fulfillment or undue fulfillment of obligations under this Agreement for the time of force majeure. During this time Parties have no mutual claims, and each Party takes his/her own risk of force majeure consequences. If such circumstances emerge, the Parties shall inform each other about that in writing using any means of electronic communication including email.

By force majeure, the Parties mean fire, flood, earthquake, strikes and other natural disaster, war and hostilities, taking effect of legislation preventing the fulfillment of obligations, forced urgent (not planned) hospitalization confirmed by respective documents. The abovementioned circumstances are beyond reasonable control of the Parties and prevent the fulfillment of this Agreement.

Client’s lack of time for receiving Services, his/her vacation, business or personal trip, problems with Internet access, and failure of Internet access equipment are not force majeure circumstances.

6.4. Accumulated responsibility of the Contractor under this Agreement before any claim about the Agreement or its execution is limited by the sum of advance payment transferred by the Client to the Contractor. At that the Contractor is only obliged to return advance payment, not lost advantage.

7. Confidentiality and copyright

7.1. The Parties have agreed to consider all information associate with providing Services under this Agreement as confidential. Confidential information shall not be transferred to third persons without preliminary written consent of the other Party to this Agreement, except upon requirement of law enforcement, as part of court trials or in case the Contractor legally protects her rights and interests.

7.2. Any informational materials provided to the Client in the course of Services, including video records, images and texts, are protected by copyright, in no circumstances become the Client’s property and cannot be used by the Client beyond the framework of Contractor’s Services; they are not to be copied, modified or disseminated among third persons, including their placement for access of undefined group of people in any presentation and form.

Violation of the abovementioned restrictions is the basis for Client’s civil, administrative and criminal liability and also for Contractor’s refusal to execute this Agreement, without compensation of any damages to the Client and without reimbursement of payment for Services.

8. Personal data

8.1. Client accepting this Agreement agrees for collection, processing and transfer of his/her personal data to enforce civil legal relations, calculations with the Client, accounting and taxation, communication and contractual relations, which does not contradict Ukrainian legislation.

8.2. The Parties agree, according to the requirements of Ukrainian legislation on protection of personal data, to ensure due protection of personal data from illegal processing and illegal access thereto. The Parties, inter alia, shall take the necessary measures to prevent inadmissible disclosure of personal data by employees and/or other authorized persons of Parties who came into knowledge of these personal data due to fulfillment of obligations under this Agreement.

9. Term and termination

9.1. This Agreement enters into force as soon as the Client pays for Contractor’s Services and is valid until full execution of Parties’ obligations under this Agreement.

9.2. Parties’ obligations under this Agreement are considered executed as soon as the time period for Services provision ends.

9.3. Parties have the right for early termination of this Agreement upon agreement of the Parties, having informed each other about that in writing using any accessible means of communication.

10. Final provisions

10.1. This Agreement is regulated by current Ukrainian legislation regardless of the location of the Client receiving Services.

10.2. Client confirms that before accepting the Agreement he/she read all its terms and accepted this Agreement in full awareness and without any coercion.

10.3. After acceptance of the terms of this Agreement all previous negotiations and correspondence of the Parties relating to this Agreement lose their legal force.

10.4. All legal relations emerging in connection with execution of this Agreement and not regulated hereby are regulated by current Ukrainian legislation.

10.5. Contractor bears responsibility for the correctness of bank information provided in this Agreement and shall inform the other Party in writing about their change in a timely manner; otherwise she bears the risks of unfavorable consequences associated herewith. The current version of the Agreement is published on the Contractor’s Website.

10.6. All disputes and controversies between the Parties are resolved via negotiations. At that the claim procedure for resolution of disputes emerging from relations after concluding this Agreement is obligatory. The recipient of the claim, within 30 calendar days after its receipt, informs the plaintiff in writing about the results of claim review. If no agreement is reached in the established term, the dispute is transferred to a local court under Ukrainian legislation, at the Contractor’s place of registration. Recognition by the court of any provision in this Agreement as null and void or unenforceable does not lead to invalidation of its other provisions.

10.7. The Parties have established that screenshots of their correspondence via email or messengers on execution of this Agreement are sufficient and admissible proof of facts noted herein. The Parties recognize that all messages, agreements, documents and letters sent using authorized emails are considered sent and signed by the Parties except when directly noted otherwise herein.

10.8. The Parties’ authorized emails are the following:
– for the Contractor – warpsychotrauma@gmail.com;
– for the Client – email address provided during the order of Services.

11. Bank information of Contractor

Individual entrepreneur Stanislavska Tetiana Oleksiivna
IBAN UA 713052990000026009030109845
USREOU: 2 650 815 605
Phone: +38 095 408 92 26
Support service: warpsychotrauma@gmail.com