PUBLIC OFFER

to conclude a contract for the provision of services

Kyiv, Ukraine

from January 1, 2023

1. Provisions of the Offer

1.1. This document, posted on the Internet at the address: https://fitnesswithbaby.com.ua/oferta, is an offer to a natural person, entrepreneur Ivanova Daria Volodymyrivna

ipn 3208712808 according to the text – “Agreement”, “Offer”) with any interested natural and/or legal entity that meets clause 1.5.3. of the real Offer.

1.2. This document is a public offer in accordance with Article 633 of the Civil Code of Ukraine.

In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, registration on the website is an acceptance of this offer, which is equivalent to the conclusion of a contract on the terms set out below in the text, as well as the provisions of the Privacy Policy. The privacy policy regulates the specifics of the Customer’s processing of the Customer’s personal data.

1.3. Acceptance of this Offer is 100% payment by the Customer of the selected service, or making the first payment when paying the cost of the services for payments, or paying the Reservation, or paying the cost of the services with the help of a bank or credit organizations

1.4. Identification of the Customer (acceptor) is carried out according to the last entered data in the form proposed by the Contractor on the Site before payment of the cost of services under the Agreement, subsequent identification (during the execution of the Agreement) of the Customer (acceptor) is carried out according to the data entered last on the Platform. The customer guarantees the entry of reliable and true data and bears the risk of all negative consequences arising from his entry of untrue data.

  1.5. Taking actions to accept the Offer, the Customer:

  1.5.1. confirms that he has carefully read and agrees with all the provisions of the Agreement, the Offer and local acts of the Contractor relating to the procedure for providing educational services posted on the Internet at the address: https://fitnesswithbaby.com.ua/;

  1.5.2. confirms that he has familiarized himself with the educational program that corresponds to the chosen educational service;

  1.5.3. confirms the legality of his actions: availability of powers, legal capacity, reaching the age of 18; the existence of a legal right to enter into contractual relations with the Contractor;

  1.5.4. consents to receive advertising mail from the Contractor to the e-mail address and phone number (including online messengers) indicated by him during registration on the Contractor’s Website. The term of consent is from the moment of acceptance of this Offer to the moment of withdrawal of consent, which is sent to the Contractor’s postal address specified in the Agreement;

  1.5.5. consents to the processing (collection, storage, transfer to third parties) of his personal data provided to him in the process of concluding and executing the Agreement in accordance with the Personal Data Processing Policy dated 01.01.2023

  1.5.6. consents to the use by the Contractor for marketing and advertising purposes of photographs created by the Customer (or a third party on behalf of the Customer), as well as feedback on the services provided by the Contractor during the course training;

  1.5.7. confirms that he has read and agrees to all the terms and conditions and rules for accepting payments of the payment system https://wayforpay.com/ and other payment systems used by the Contractor;

  1.5.8. confirms that he has read and agrees with all the rules of the online service (Platform) used by the Contractor to provide services under the Agreement, https://zoom.us, https://telegram.org/ and other online services used by the Contractor to provide services under the Agreement;

  1.5.9. confirms the absence of physical ailments, limitations and/or contraindications to physical education and physical exercises. In the event that the Customer has doubts about the presence of such contraindications, he undertakes to consult a doctor before the start of training and completion of the practical course.

AGREEMENT FOR THE PROVISION OF PAID EDUCATIONAL SERVICES

2. Terms

  In the Agreement, unless its text expressly states otherwise, the following terms shall have the following meaning:

  2.1. Training course, Course is an educational service, in the process of providing which the Contractor provides the Customer with a set of Training materials united by a single topic, as well as Feedback services.

  2.2. Educational materials — Video lessons, Methodical materials, which the Contractor uses in the process of providing services under the Agreement. Learning materials can be combined in modules.

  2.3. A video lesson is a thematic lesson recorded on video for the purpose of remote study by the Customer using the Internet and multimedia systems. For the purposes of this Agreement, a video lesson also includes a video recording of a webinar.

  2.4. Feedback is the response of the Contractor to the Customer, which is provided based on the results of the inspection of the task performed by the Customer and (or) an answer to the Customer’s questions on the subject of the Training Course.

  2.5. Webinar is a thematic performance of the Performer, which is held in a webinar room in online mode simultaneously for several Customers. The Customer can listen to and (or) watch such a performance both in real time format and by watching a video recording of the webinar, if the Performer performs the video recording.

  2.6. The site is the official site of the Performer, including all its subdomains, located on the Internet at the address: https://fitnesswithbaby.com.ua/

  2.7. The platform is an automated system for conducting training in an interactive mode (electronic information and educational environment) used by the Contractor to provide services under the Agreement, the exclusive rights to which belong to a third party.

  2.8. Reservation – funds paid by the Customer as security for obligations during the execution of the Agreement. Receiving payment to the Booking account, the Contractor guarantees the Customer:

  2.8.1. fixing the cost of the service at a price including a discount during the period indicated on the Site;

  2.8.2. provision of training services to the Customer on a certain stream of the Course in accordance with the terms of the Agreement.

2.9. The Customer’s e-mail address is the e-mail address specified by the Customer during registration on the Site (Platform). All other terms found in the text of this Agreement are interpreted by the Parties in accordance with the current legislation of Ukraine and the usual rules of interpretation of the relevant terms that have developed on the Internet.

3. The subject of the offer

  3.1. The Contractor undertakes to provide the Customer with paid educational training services within the framework of the additional general development program chosen by the Customer (hereinafter – the Program).

  3.2. All programs available for selection are placed by the Artist on the Site.

  3.3. The relations of the Parties within the framework of the provision of paid educational services are regulated by this Agreement, the Law of Ukraine “On Education” dated September 5, 2017.

  3.4. Information on the provision of paid educational services is contained in the Agreement, as well as in the local regulations of the Contractor, available for review on the Site.

  3.5. After the end of the service provision period, the Contractor provides the Customer with a License (non-exclusive) for Educational Materials in the amount and for the period specified on the Site or Appendix No. 1 to the Agreement free of charge.

4. Service provision procedure

  4.1. Training takes place in correspondence form according to the program, which is implemented using exclusively electronic training with the help of the Platform and specialized software.

  4.2. To receive services, the Customer must log in to the Platform’s personal account using a personal login and password.

  4.3. Training takes place without direct interaction between the Performer and the Customer in the audience.

  4.4. Educational services are provided simultaneously to several Customers, the Customer understands this and agrees to this condition.

  4.5. Training takes place according to the schedule posted on the Platform in the Customer’s personal account.

  4.6. Course training services provided by the Contractor under the Contract may include:

  4.6.1. training services on the Course in the form of providing access to the Educational Materials of the Course;

  4.6.2. training services on the Course in the form of providing Feedback;

  4.6.3. training services at the Course in the form of video lessons.

  4.7. Information about the composition of the service is indicated by the Contractor on the Site and may include both one form of service provision and several (clause 4.6. of the Agreement).

  4.8. The procedure for providing training services at the Course in the form of providing access to the Course Study Materials:

  4.8.1. The training service at the Course in the form of providing access to Educational Materials consists in providing the Customer with access to Video Lessons, Methodical Materials posted on the Platform for a fee.

  4.8.2. Educational materials are placed by the Contractor in the appropriate section of the Platform, access to which is provided to the Customer in accordance with clause 4.2. Agreement.

  4.8.3. Access to Educational materials is provided to the Customer in stages. Providing access to the Educational Materials of the next Video Lesson (module) may be conditioned by the schedule and/or completion of a mandatory task. The schedule is delivered by the Contractor to the Customer by placing it on the Platform and/or sending it to the Customer’s e-mail address. In the event that the Customer does not fulfill the mandatory task, access to the following Educational materials is not provided, the services are considered to be provided by the Contractor in full, the funds are not subject to refund either in part or in full.

  4.9. The procedure for providing training services on the Course in the form of providing feedback:

  4.9.1. Feedback is provided on the Platform or through the online service https://zoom.us/ and https://telegram.org/.

  4.9.2. Access to the section of the Platform, where the Contractor answers the Customer’s questions, as well as checking the tasks performed by the Customer, is granted to the Customer in accordance with the procedure provided for in clause 4.2. Agreement.

  4.9.3. Feedback is provided by the Contractor:

  4.9.3.1. from Monday to Friday from 8:00 a.m. to 8:00 p.m. Kyiv time within 24 hours from the moment of publication by the Customer of the completed task or request in the section of the Platform intended for Feedback;

  4.9.3.2. on Saturday from 10:00 a.m. to 6:00 p.m. Kyiv time within 48 hours from the moment the Customer publishes the completed task or request in the Feedback section of the Platform.

  4.9.4. The form of performance of the task by the Customer is set by the Contractor on the Platform.

  4.9.5. In the event that the Customer does not publish completed tasks or appeals in the section of the Platform intended for Feedback, the Contractor is not responsible for failure to provide Feedback. The service is considered to have been provided after the end of the service provision period, funds are non-refundable.

4.10. The procedure for providing training services on the Course in the form of video lessons:

  4.10.1. The date, time and place of the Webinar (if planned by the Performer) are determined by the Performer at its sole discretion.

  4.10.2. The service may include a single Webinar or several Webinars of lessons. The Contractor can make a schedule for Webinars, in which case information about the schedule will be provided by the Contractor to the Customer.

  4.10.3. The Customer is informed about the date, time and place of the Webinar by the Contractor by placing the specified information in the Customer’s personal account on the Platform. The Contractor is not obliged to additionally inform the Customer about the date, time and place of the Webinars.

  4.10.4. The Contractor may, at his discretion, make a recording of the Webinar and may, at his discretion, grant access to it to the Customer. The term of the Customer’s access to the Webinar recording is determined by the Contractor independently.

  4.10.5. The Webinar service is considered to be provided by the Contractor at the time the Webinar is completed and accepted by the Customer without objections to the quality and quantity of the service provided, provided that the Customer did not express them at the time of service provision.

  4.10.6. The acceptance of the Webinar services provided is not affected by the Customer’s absence from the Webinar, regardless of the reasons for such absence.

  4.11. The parties agreed on the phased acceptance of the services provided by the Contractor. Unless otherwise specified in the Agreement, the Customer accepts the services provided daily without signing the Act of acceptance and transfer of the services provided. If the Contractor does not receive a motivated claim from the Customer within one calendar day, the services provided on the day preceding this day are considered accepted by the Customer without comments regarding their quality and quantity.

  4.12. The cost of the provided services (for the purpose of determining the amount paid to the Contractor’s remuneration account, which is subject to return due to early termination of the Agreement) is calculated in proportion to the total term of service provision in accordance with the terms of the Agreement.

  4.13. The date of commencement of service provision (date of commencement of training for a certain group of Customers) may be a specific date indicated on the Site or depend on the date of payment of the Contractor’s remuneration (or its part in the case of payment for payments) by the Customer (the date of commencement of provision of services under the Agreement shall be the date of dispatch by the Contractor to the address of the Customer’s e-mail, a link to the Platform’s personal account).

  4.14. The term of providing the educational service depends on the training program chosen by the Customer, specified in Appendix No. 1 to this Agreement.

  4.15. Grounds, procedure and consequences of deduction of the Customer:

  4.15.1. in connection with the successful development of the Program by the Customer;

  4.15.2. in the cases stipulated by the legislation of Ukraine;

  4.15.3. at the request of the Customer himself;

  4.15.4. in case of violation by the Customer of the Rules of the internal procedure of the Contractor (posted on the Site);

  4.15.5. The customer did not start training during the period of validity of the Agreement without a valid reason;

  4.15.6. in case of violation by the Customer of Clause 5.3.1. Agreement.

5. Rights and duties

  5.1. The customer has the right to:

  5.1.1. Receive selected and paid services in accordance with the terms of the Agreement.

  5.1.2. To make decisions regarding the need to perform certain actions recommended by the Contractor within the framework of the provision of services under the Agreement.

  5.1.3. To exercise other rights stipulated by the Agreement.

  5.2. The customer does not have the right to:

  5.2.1. To circumvent technical restrictions set on the Platform or Site.

  5.2.2. Study the technology, decompile or disassemble the Site, Intellectual Property, any materials accessed by the Customer in connection with the execution of the Agreement.

  5.2.3. Create copies of the Site, Intellectual Property (including copying the names of the Training Courses indicated on the Site), any materials to which the Customer receives access in connection with the execution of the Agreement, as well as copy their external design (design).

  5.2.4. Change the Site, take actions aimed at changing the functioning and efficiency of the Site.

  5.2.5. Provide third parties with access to the Contractor’s Intellectual Property, the Platform’s personal account and any materials accessed by the Customer in connection with the performance of the Agreement without the Contractor’s express written consent to such access.

  5.2.6. Distribute, transfer to third parties or otherwise use partially or fully the materials and content of the Site, Educational materials.

  5.2.7. Sell, assign the right of claim to the Executor.

  5.2.8. Carry out other actions that significantly complicate the participation of other Customers in receiving services or prevent the normal use of Educational Materials by other Customers.

  5.3. The customer is obliged to:

  5.3.1. For admission (enrollment) to training, enrollment in the Program and formation of the Customer’s personal file, as well as the proper conclusion of this Agreement in accordance with the requirements of the legislation of Ukraine, provide the Contractor with the following documents:

  5.3.1.1. an application for admission to the program (filled out during the Customer’s electronic registration for the Course);

  5.3.1.2. the address of the Customer’s location or place of residence.

  5.3.2. Adhere to the training schedule and adhere to the Contractor’s training recommendations, taking into account clause 5.1.2. Agreement.

  5.3.3. Receive service in person.

  5.3.4. Provide a timely report on the completion of the Tasks in full and in the form established by the Contractor.

  5.3.5. Communicate with the Contractor and other persons in the process of performance of the Agreement in accordance with the Communication Rules provided for in Appendix No. 2 to the Agreement.

  5.3.6. Contact the Support Service by sending an e-mail to the address: info@fitnesswithbaby.com.ua, if there are questions related to information about the services provided under the Agreement. The lack of appeals from the Customer indicates that the Customer is familiar with the necessary and sufficient information about the services provided under the Agreement.

  5.3.7. To receive services, independently configure the software, hardware and Internet channel of your personal computer in such a way as to be able to freely use all the telegram services of the portal and other services used during the provision of services.

  5.3.8. To ensure uninterrupted operation of the Internet channel, equipment and software in such a way as to be able to use all the services of the telegram portal and other services used during the provision of services.

  5.3.9. From the moment of payment for the service, daily check the e-mail specified during registration on the Platform, including the “Spam” folder, for receiving messages from the Contractor. If the message sent by the Contractor ends up in the “Spam” folder, it is considered received by the Customer, regardless of whether the Customer has read it.

  5.3.10. To carry out all actions depending on him, necessary for passing and successfully completing training on the Course.

  5.3.11. Pay for educational services provided by the Contractor.

  5.3.12. To perform other duties accepted by him under the Agreement.

5.4. The customer guarantees:

  5.4.1. Providing the Contractor with complete and reliable data when filling out the registration form on the Site and Platform. In the event that the Customer specifies inaccurate or incomplete data, the Contractor shall not be liable to the Customer for providing any information based on erroneously specified data not to the Customer, but to third parties, even if they contain part of the Customer’s personal data.

  5.4.2. The software and equipment used by him for training meet the following technical requirements:

  5.4.2.1. for a personal computer: at least a dual-core processor with an operating frequency of 1.5 GHz or more, RAM memory of at least 4 GB, Hard disk of at least 128 GB, a 15-inch monitor with a resolution of 1440*900 pixels or more (pixels), Windows 7 Mac OS X from 10.11+, Google Chrome browser latest version.

  5.4.2.2. for smartphone: Android operating system version 5.0 and above, as well as iOS OS version 11 and above. a hard disk with a volume of 32 MB or more, a RAM of 1 gigabyte or higher, a screen of 720×1280 or higher, the latest version of the Google Chrome browser.

  5.4.3. Independent decision-making regarding the application of educational information and recommendations of the Contractor, received during training at the Course and independently responsible for their application.

5.5. The executor has the right to:

  5.5.1. Not to start providing services or to suspend the provision of services and access to a personal account on the Customer’s Platform until the corresponding violation is eliminated if there is any of the following reasons:

  5.5.1.1. violation by the Customer of the terms and other conditions of payment for services under the Agreement;

  5.5.1.2. providing inaccurate information by the Customer during registration on the Platform;

  5.5.1.3. in case of violation by the Customer of the Rules of internal procedure, as well as clause 5.3.1. Agreement.

  5.5.2. Make changes to the Program due to objective necessity (in particular, the emergence of new approaches and technologies in education, etc.).

  5.5.3. Set limits on the number of Customers who wish to receive services from any Program. The restriction is set by the Contractor at his own discretion.

  5.5.4. I case of violation by the Customer of Clause 5.3.5. of the Agreement, the Contractor has the right to remove the Customer from the group chat, from the section of the Platform, where the Materials are posted, without warning. At the same time, the Contractor’s obligations are considered to be fulfilled in full, the funds paid by the Customer as the Contractor’s remuneration under the Agreement will not be refunded.

  5.5.5. To exercise other rights stipulated by the Agreement.

5.6. The executor is obliged to

  5.6.1. To provide the Customer with conditions for acquiring relevant knowledge, skills and abilities, in particular, to provide the necessary number of multimedia and network learning tools, other conditions for the functioning of the electronic information and educational environment, support of the educational process (checking the Customer’s homework, conducting consultations, etc.).

  5.6.2. Provide the Customer with information about success by placing this information in the Customer’s personal account on the Platform.

  5.6.3. Provide the services paid for by the Customer properly and in full in accordance with the terms of the Agreement.

  5.6.4. Perform other duties stipulated by the Agreement.

  5.7. Contractor’s guarantee: The Contractor guarantees the return of the amount paid to the Contractor’s remuneration account, minus the commissions of the payment systems, by the Customer, subject to compliance with all of the following conditions:

  5.7.1. The Customer contacted the Contractor for a return within 7 (seven) calendar days from the date of providing access to the Training Materials (first week of training) of the Course;

  5.7.2. The customer has complied with the procedure for terminating the Agreement, established in clause 10.3.1. Agreement.

  5.7.3. As part of this Contractor’s guarantee, the amount paid by the Customer to the Contractor’s remuneration account, minus commissions of banks, credit organizations and relevant payment systems, is subject to return.

  5.8. The Contractor does not guarantee that the Educational Materials, Site content and services meet the Customer’s expectations. Such a discrepancy with expectations and/or a negative subjective assessment is not a reason to consider the services provided to be of poor quality or not in full, and is not a basis for making claims.

  5.9. The Contractor does not provide any assurances or guarantees that the implementation of the recommendations received by the Customer will lead to the achievement of specific results – in cases where the achievement of a specific result is significantly determined by the Customer’s personal qualities, exact compliance with the instructions and other circumstances beyond the control of the Contractor .

  5.10. The Contractor is not responsible for the Customer’s health, including physical, as well as his psychological state. If the Customer has symptoms of physical illnesses and/or psychological disorders, the latter must immediately consult a doctor. The Contractor is not obliged and does not control and monitor the physical and psychological state of the Customer, and is not responsible for it.

6. Responsibility

  6.1. The Contractor is not responsible for the impossibility of providing services to the Customer for reasons related to the disruption of the Internet channel, equipment or software on the part of the Customer, as well as for any other reasons that prevent the Customer from receiving services due to the fault of the Customer .

  6.2. The Customer bears all responsibility for the illegal use of information accessed by the Customer in connection with the performance of the Agreement.

  6.3. The сustomer undertakes not to provide his authentication data for access to the personal account of the Platform to third parties for their access to the Educational Materials, and also not to provide access to the Educational Materials to third parties in any other way (including not to make public, not to distribute the Educational Materials). Upon discovery of the fact that third parties have access to the Educational Materials due to the fault of the Customer, at the request of the Contractor sent to the Customer’s e-mail address, the Customer is obliged to pay a fine in the amount of 200,000 (two hundred thousand) hryvnias. The amount of the fine is determined by the degree of possible or caused damage to the rights and legitimate interests of the Contractor, which is several times higher than the cost of the services paid by the Customer under the Contract. The Executor’s demand for payment of the fine is subject to immediate satisfaction in a voluntary, pre-trial manner. In case of refusal or dissatisfaction with the request for payment of a fine by the Customer, the Contractor has the right to immediately apply to the court to protect the violated right, without observing the pre-trial claim procedure for dispute settlement.

  6.4. The Contractor is not responsible for the actions of banks, electronic payment systems that provide payment and refund during the conclusion, execution and termination of the Agreement.

  6.6. The Contractor is not responsible for stopping and/or blocking any search information systems, browsers, sites, information and educational platforms, online messengers, social networks, through which the Contractor provides services. In the event of the occurrence of the specified event, the service is considered to have been provided after the end of the service provision period, funds are not subject to refund.

  6.7. The Contractor’s liability is in any case limited to the amount of the Contractor’s remuneration received under the Agreement.

7. Remuneration of the Performer

  7.1. The amount of remuneration under the Agreement depends on the training program chosen by the Customer and is indicated in Appendix No. 1 to this Agreement.

  7.2. The remuneration is not taxable in connection with the use by the Executor of the patent taxation system.

7.3. When paying for training services on the Course, the Contractor’s remuneration under the Contract can be made in one of the following ways chosen by the Customer, unless otherwise specified in Appendix No. 1 to this Contract:

  7.3.1. in the form of a one-time payment of 100% of the cost of the service at the beginning of training;

  7.3.2. by paying the cost of the service chosen by the Customer for payments in the following order: 50% of the remuneration amount is paid by the Customer to the Executor before the start of training, the remaining 50% – within 2 x (two) weeks from the date of granting access to the Training Materials (first module); if such an option is offered on the website.

  7.3.3. by paying the cost of the service chosen by the Customer for payments through crediting, if this is indicated on the Site. Installment in the form of credit is provided to the Customer under the conditions stipulated by the bank providing the loan;

  7.3.4. in the event that the Contractor offers the possibility of making a Reservation on the Site – by paying for the Reservation in the amount specified on the Site before the start of services and paying the amount remaining from the cost of services within the period specified on the Site, which begins from the date of granting the Customer access to the Training materials (of the first module).

  7.3.5. In case of violation by the Customer of the procedure for payment of services provided for in clauses 7.3.2., 7.3.4 of the Agreement, access to the Course materials is terminated, the funds paid by the Customer are not subject to return and are retained by the Contractor as a fine for non-fulfillment of the obligation accepted by the Customer.

  7.3.6. The moment of payment for services is the moment of receipt of funds to the Contractor’s current account

  7.3.7. The performer has the right to set discounts and bonuses when paying the remuneration. The terms of provision are determined by the Contractor independently and indicated on the Site and/or in accordance with clause 12.4. the real deal.

8. Grant of a non-exclusive license

  8.1. After the end of the service provision period, the Customer retains access to the Educational materials provided to him during the provision of services. Access to Learning Materials after provision of services is provided under the terms of a non-exclusive license.

  8.2. The Customer is granted the non-exclusive right to use the Educational Materials provided during the period of provision of services under the Agreement in the following scope: familiarization with the Educational Materials and reproduction using a PC exclusively by the Customer himself without the right to copy, distribute, publish, reproduce, broadcast and other uses in whole or in part.

  8.3. The license is provided by the Contractor to the Customer free of charge.

  8.4. The term of the License is specified by the Contractor on the Site. After the expiration of the Agreement (expiration, termination), the Customer’s access to the Educational Materials is blocked, the Customer loses the License.

  8.5. The License for Educational Materials is valid on the territory of all countries of the world and the Internet.

  8.6. The Executor has the right, at its discretion, to issue licenses for the Educational Materials to any third parties (both for a fee and free of charge).

  8.7. During the period of validity of the License, the Executor may take actions aimed at creating updates, modifications and (or) improvements of educational materials. Also, the Executor has the right to stop the operation of the hardware with the help of which access to the Educational Materials is provided in the event of significant malfunctions, errors and failures, as well as for the purpose of carrying out preventive work and preventing cases of unauthorized access to them at any time at its own discretion and (or ) at the time of such a need. The specified cases of the Customer not having access to the Educational Materials are not a failure of the Executor to fulfill his obligations under the Agreement.

9. Dispute settlement procedure

  9.1. In the event of a dispute arising from this Agreement, its claim settlement procedure is mandatory in all cases, with the exception of those described in Clause 6.3 of this Agreement. sends claims via e-mail from info@fitnesswithbaby.com.ua to the Customer’s e-mail address.

  9.2. The party that received the claim must respond to it within ten calendar days from the day of receipt.

  9.3. Claims addressed to the Executor are considered within the limits of the current legislation of Ukraine

  9.4. The pre-trial claim settlement procedure is mandatory for the Parties.

  9.5. In case of failure to reach an agreement, the dispute shall be referred to the court at the location of the Executor.

10. Change, termination of the Agreement

  10.1. The Contractor reserves the right to change or supplement any terms of the Agreement at any time by publishing all changes on the Site. If the published changes are unacceptable to the Customer, he must notify the Contractor in writing within 7 days of the publication of the changes. If the notification is not received, it is considered that the Customer continues to participate in contractual relations on new terms.

  10.2. The parties have the right to terminate the Agreement by mutual consent at any time before its actual execution.

  10.3. The parties have agreed and established the following conditions and procedure for early termination of the Agreement in the event of a unilateral refusal by the Customer to perform it: in the event that the Customer wishes to terminate the Agreement, he must:

  10.3.1. send the Contractor a notice of unilateral refusal to perform the Contract (form – Appendix No. 3 to the Contract) from the Customer’s e-mail address to the Contractor’s e-mail address info@fitnesswithbaby.com.ua The Contract is considered terminated from the moment the Contractor receives the Customer’s Notice of unilateral refusal to perform the Contract .

  10.3.2. reimburse the Executor for the costs actually incurred in connection with the provision of services under the Agreement, including:

  10.3.2.1. expenses for software used by the Contractor in the process of training and payment for third-party services;

  10.3.2.2. commissions of banking, credit organizations and relevant payment systems for making refunds;

  10.3.2.3. other costs incurred by the Contractor in the process of providing services under the Agreement. The specific amount of actual expenses is determined by the Contractor independently.

  10.3.3. to pay the cost of the services provided at the time of termination of the Agreement.

10.4. The Customer shall be entitled to a refund of the funds paid by him as remuneration to the Contractor after deducting the value of the services provided and received in accordance with the terms of the Agreement. The amount to be refunded to the Customer is calculated in accordance with Clause 4.12. Agreement. The amount withheld by the Contractor from the Customer is not a fine or other sanction. Funds to be returned to the Customer shall be transferred within 30 (thirty) days from the moment of receipt by the Contractor of the Customer’s duly completed notice of unilateral refusal to perform the contract with details.

  10.5. The contract may be terminated at the initiative of the Contractor in the following cases:

  10.5.1. violation by the Customer of clauses 5.2., 5.3., 6.3. of the Agreement;

  10.5.2. violation of the terms of payment of the Contractor’s remuneration.

  10.6. Termination of the Agreement for one of the reasons specified in clause 10.5. The contract is concluded by means of the Customer’s notification by electronic message to the Customer’s e-mail address. Funds paid to the Contractor are non-refundable and are retained by the Contractor as a fine for improper fulfillment of the terms of the Agreement. The contract is considered terminated from the moment the Contractor sends the relevant notice to the Customer.

  10.7. The contract may be terminated by the Contractor unilaterally in case of insult to the Contractor, dissemination by the Customer of false information, information that disgraces or harms the business reputation of the Contractor and the Services provided to them, in any way, including the dissemination of the specified information (including in the form of publication of correspondence with the Contractor, his employees or representatives) on the Internet: in social networks, in messengers using any newsletters, etc. In the event that the Contractor discovers the fact of such behavior of the Customer, the Agreement is terminated, which the Customer informs the Contractor to the Customer’s e-mail address. Funds paid to the Executor are non-refundable. The contract is considered terminated from the day the Contractor sends the relevant notice to the Customer.

  10.8. At the time of early termination of the Agreement, access to the Educational Materials and any other materials provided by the Contractor to the Customer in the course of the Agreement shall be terminated.

  10.9. In the event that, upon termination of the Agreement, the Contractor is required to return funds to the Customer, the Customer is required to provide bank details from which payment for services was made. Otherwise, the Contractor has the right not to transfer funds until the appropriate bank details are provided. During the period of failure to provide proper bank details, no penalty is charged on the refund amount.

11.Territory and term of validity of the Agreement

  11.1. The Agreement is valid from the date of its conclusion, which is considered the date of acceptance of the Offer by the Customer, until the date of fulfillment of the obligations assumed by the Parties under the Agreement.

  11.2. The contract is valid on the territory of all countries of the world and in the interactive information network Internet.

12. Final provisions

  12.1. Exclusive and personal non-property rights to the Site and any results of intellectual activity posted on the Site, as well as all materials accessed by the Customer during the conclusion and execution of the Agreement, belong to the Contractor (or third parties who granted the Contractor the right to use them) and are protected by the current legislation of Ukraine.

  12.2. Any information accessed by the Customer in connection with the provision of services under the Agreement may not be copied, transferred to third parties, reproduced, distributed, forwarded, published in electronic, paper or other form without additional agreements or official written consent of the Contractor .

  12.3. The executor has the right to assign rights, transfer debts for all obligations arising from the Agreement. The Customer hereby gives his consent to the assignment of rights and transfer of debt to any third parties. The Executor informs the Customer about the assignment of rights and/or the transfer of debt by sending a corresponding message to the Customer’s e-mail address.

  12.4. The parties recognize themselves as participants in electronic interaction in accordance with current legislation and agree that all documents in electronic form, signed with a simple electronic signature, are recognized as electronic documents, which are equivalent to documents on paper media, signed with a handwritten signature. Electronic document circulation is carried out by the Parties at the e-mail addresses specified by the Contractor in the Agreement, specified by the Customer during registration on the Site and (or) Platform. When signing a document with a simple electronic signature (hereinafter – PEP), the identity of the Customer and the Contractor is identified through the addresses of their electronic mailboxes and their passwords. At the same time, the address of the electronic mailbox will be the open part of the PEP key, and the password to it will be the closed part of the PEP key. The Parties guarantee that passwords from the Parties’ email boxes are not known to third parties. Each of the Parties excluded the possibility of signing documents (including PEP) by unauthorized persons.

  12.5. On all issues that are not regulated by the Agreement, the Parties are governed by the current legislation of Ukraine.

  12.6. Programs that are an integral part of the Agreement: Appendix No. 1. Terms of service.

  Appendix No. 2 Communication rules.

  Appendix No. 3 Notice of unilateral refusal to perform the Agreement (form).

Details of the Performer:

Daria Volodymyrina Ivanova FOP

Address: Ukraine, Kyiv, blvd. Vaclav Havela 38v, square 49, index 03126

TIN 3208712808

Bank institution – PrivatBank

MFO of the bank – 305299

The recipient of the payment is IVANOVA DARYA VOLODYMYRIVNA

IBAN – UA323052990000026008036217022

The recipient’s account is 26008036217022

The currency of the card is UAH

RNOKPP of the recipient is 3208712808

info@fitnesswithbaby.com.ua