Public Contract (Offer) for the Provision of Information Services

1.

GENERAL PROVISIONS 1.1. This Public Contract (hereinafter referred to as the Offer, Contract) is an official proposal from the "Executor" on the website https://smsbat.com/ for the provision of Information Services to legal entities and/or capable individuals (hereinafter referred to as the Customer) under the conditions listed below by providing information through an online webinar, other forms of information transfer aimed at acquiring additional knowledge, skills, and competencies in a specific field of activity by the Customer using specific methods determined at their discretion, or by transferring a recorded training session to the Customer for a set fee. This Contract is a Public Offer Contract in accordance with Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine. Its terms are the same for all Customers regardless of their status (individual, legal entity, individual entrepreneur). 1.2. Acceptance (acceptance) of this Offer means full and unconditional acceptance by the Customer of all terms without any exceptions and/or limitations and is equivalent to a bilateral written contract under the conditions outlined below in this Offer in accordance with part 2 of Article 642 of the Civil Code of Ukraine. 1.3. This Public Contract for the provision of information services (Offer) is considered concluded (accepted) from the moment the Customer registers an account on the Executor's website and the Customer's funds are credited to the Executor's account. 1.4. The Executor and the Customer provide mutual guarantees of their legal and contractual capacity necessary for the conclusion and execution of this Contract for the provision of Information Services.

2.

DEFINITIONS AND TERMS 2.1. For the purposes of this Offer, the following terms are used in the following meanings: Offer - this public contract for the provision of information services. Site - the internet site https://smsbat.com/ , https://omni.smsbat.com/ , https://counterbat.com/ and https://indexbat.com/ used by the Executor under property rights or another online platform that the Executor will use according to the selected format for providing information to the Customer under the respective Contract. Information Services - any services provided by the Executor, the types, description, and cost of which are defined on the Site, providing limited access for the Customer to the Site according to the terms of the offer for the organization of potential suppliers and buyers of services, as well as information services and related services of the Executor in the form of consultations, using free closed-source software that ensures encrypted voice and video communication over the Internet between computers (VoIP), also with the possibility of using peer-to-peer network technology, or consultancy services in another form. The form and necessity of providing related information or advertising services are determined by the Executor independently. Acceptance of the offer - full and unconditional acceptance of the offer by taking actions for 100% prepayment of the Information Service, unless otherwise specified by the Contract. Executor for legal entities LLC "NOETIKOS GROUP" Pavla Tychyny Ave., bld. 20, Dniprovskiy district, Kyiv, Kyiv region, 02152 Registration Certificate: No. 1 266 102 0000 044888 EDRPOU 38991588, VAT ID 389915805637 VAT payer registration date - 01.10.2014 IBAN UA703808050000000026005718867 at JSC "Raiffeisen Bank Aval" Bank code 380805 IBAN UA053052990000026009005010828 at JSC "PRIVATBANK", Bank code 305299 Director Verbitsky O.S. based on the Charter and for individuals Sole Proprietor Verbitska Olena Oleksandrivna 84500, Donetsk region, Bakhmut, VUL. ZAHYISNYKIV UKRAЇNY, building 1, apartment 14 TIN 3131101880 IBAN UA253220010000026001300004409 at JSC "UNIVERSAL BANK", Bank code 322001 who has the right to provide Information Services to the Customer under the terms of this Offer. Customer - a person who has accepted the offer under the terms outlined therein. Contract for the provision of information services (hereinafter referred to as the Contract) - a contract between the Customer and the Executor for the provision of Information Services, concluded as the Acceptance of this Offer.

3.

SUBJECT OF THE CONTRACT 3.1. The subject of this Offer is the paid provision of Information Services to the Customer by the Executor according to the terms of this Offer by providing Information Services in an interactive (online) format for a fee paid by the Customer to the Executor, or by providing the Customer with access to the site for a fee for the subsequent placement by the Customer of their products on the Executor's resource for further sale to third parties. 3.2. The cost of each type of Information Service is established on the Executor's Site. This contract for the provision of information services is considered concluded from the moment the funds are credited to the Executor's account. 3.3. Payments under this contract are made in one of the ways offered to the Customer, including by clicking the "Pay" button (or another that confirms the Customer's willingness to pay for the Executor's information services), which include:

  • 1. payment by electronic money;
  • 2. payment through payment terminals or internet banking;
  • 3. payment to the Executor's account through a bank;
  • 4. other methods, as previously agreed with the Executor.

4.

TERMS OF PROVISION OF INFORMATION SERVICE 4.1. The Executor provides limited access to the Customer to the Information Service posted on the Site, provides access to the closed area of the site and/or another online platform, provided that 100% prepayment of this service is made. 4.2. Types and methods of payment for each type of Information Service are specified on the Site. 4.3. If desired, the Customer can use the Installment payment service for Information Services. Additional information about this service is provided on the Site. In this case, the acceptance of the offer by the Customer occurs from the moment of payment of the first installment. 4.4. Participation is confirmed by the Customer filling out the appropriate application for participation and making payment in one of the ways specified on the Site. Links to participate in placing orders or searching for the relevant product are provided to the Customer by sending them to the email address specified by the Customer when filling out the application for receiving Information Services. 4.5. If within 2 (two) working days the Customer for any reason does not receive access to the Information Service, they must contact the Executor's support service at: https://smsbat.com/ 4.6. The Executor undertakes to provide the Customer with the Information Service by organizing the sale of products within the time specified on the Site, or by providing the Customer with access to the closed area of the Site and/or another online platform within 2 (two) working days from the moment the funds are credited to the Executor's account. 4.7. This offer serves as an act of service provision. Acceptance is carried out without signing the corresponding act. 4.8. The Executor reserves the right to cancel the Customer's access in case of violation of the rules of conduct while using the Executor's resource. Such violations include: inciting national conflicts, insulting participants, advertising, obscene language, etc. 4.9. The use of information and materials received by the Customer as a result of receiving Information Services is allowed only for personal purposes and personal use of the Customer.

5.

CUSTOMER REGISTRATION ON THE SITE 5.1. Providing the Customer with the Information Service is possible subject to their registration on the Site (entering personal data according to the form on the site), including by clicking on the "Registration" section. The registration form is available for each type of information services specified on the site. Registration on the site must contain the surname, first name of the Customer, their email address, and contact phone number. 5.2. The Customer is responsible for entering accurate, correct, and truthful information in the registration form on the site. If the Customer identifies facts that prevent registration on the site, they can promptly notify the Executor's support service at: https://smsbat.com/

6.

RIGHTS AND OBLIGATIONS OF THE EXECUTOR 6.1. The Executor undertakes to provide the Customer with round-the-clock access to the Site using the data provided in the registration form by the Customer. 6.2. The Executor, in the process of providing the Information Service, undertakes technical support for the organization of the search for connections between Suppliers and Buyers. 6.3. The Executor is responsible for storing and processing the Customer's personal data, ensuring the confidentiality of this data during processing, and using it exclusively for the quality provision of Information Services to the Customer. 6.4. The Executor guarantees the provision of complete and reliable information about the provided services at the Customer's request. 6.5. The Executor reserves the right to change the date of promotional offers or other marketing news on the resource https://smsbat.com/ at any time. 6.6. The Executor has the right to change and/or modify the terms of this Offer unilaterally without prior notice to the Customer by publishing the specified changes on the Site no later than 5 (five) calendar days from the date of their introduction (acceptance). 6.7. The Executor has the right to extend the terms of special marketing campaigns by notifying the Customer no later than 3 (three) calendar days from the moment of making such a decision, for a period not exceeding 30 (thirty) calendar days. 6.8. The Executor has the right to block access to the online platform and/or other means of information transfer and communication channels in the process of providing the information service specified by the contract to the Customer in case of violation of the rules specified in clause 4.8. of this Offer without refunding the payment made. 6.9. To stimulate the sale of goods and services, the Executor has the right to pay third parties (potential clients) a reward equivalent to bonuses accumulated by the end consumer on their card account at the rate of 1 bonus = 1 hryvnia.

7.

RIGHTS AND OBLIGATIONS OF THE CUSTOMER 7.1. The Customer is obliged to provide truthful information about themselves in the process of filling out the registration form on the Site. The Customer is responsible for the accuracy of such information. 7.2. The Customer undertakes not to reproduce, repeat, copy, sell, or use in any way the information and materials that became available to them in connection with the provision of Information Services, except for their personal use. 7.3. The Customer is obliged to maintain the equipment and communication channels ensuring access to the Site in good technical condition, logging into the communication channels under their own account simultaneously only from 1 (one) personal computer. The Executor is not responsible for the non-provision (poor- quality provision) of the Information Service for reasons beyond the Executor's control (including due to non-compliance with clause 7.1 of this Offer). 7.4. The Customer enjoys all consumer rights in accordance with the current legislation of Ukraine, regulating relations for the paid provision of services. 7.5. The Customer, in the event of being provided with a service of inadequate quality, has the right to use the rights provided for in Article 8 of the Law of Ukraine "On Protection of Consumer Rights" exclusively in cases where the violation of their rights occurred due to the fault of the Executor and upon proving this circumstance. 7.6. All claims regarding the quality of the provided Information Service must be sent by the Customer to the Executor's address via email to support@smsbat.com. The term for considering the Customer's claim(s) by the Executor is 30 (thirty) days (including claims containing a demand for a refund) from the date the claim is received by the Executor, after which the Executor makes one of the following decisions: https://smsbat.com/

  • 1. disagreeing with the claim and refusing a refund;
  • 2. agreeing with the claim and satisfying the demand for a refund. 7.7. In the event that the Executor decides to refund, the funds are returned to the Customer by crediting them to the Customer's account in payment systems, credit card, personal account, or other details agreed upon by the parties. All refunds are made provided the Customer sends a statement to the Executor in the form that will be sent to the Customer by email. The parties unconditionally accept that the final decision on the method of refund remains at the discretion of the Executor in each specific case. In case of refunding funds to the Customer's bank account or payment system account, the completed refund statement signed by the Customer in a scanned electronic form must be sent by email to the Executor (the following file formats are accepted: gif, jpeg, pdf). The refund statement must necessarily include information about the Customer's account, the commercial organization (bank) where the account is kept, and its address. In the absence of the necessary information in the statement required for the refund, the Executor does not guarantee the deadlines specified in clause 7.8. 7.8. Funds are credited to the bank account specified by the Customer within 30 (thirty) calendar days from the moment the Executor receives the signed and scanned statement of the Customer in the prescribed form. The financial document confirming the transfer of funds by the Executor to the Customer's account is proof of the Executor's fulfillment of obligations regarding the refund to the Customer, which is unconditionally accepted by the parties. 7.9. By registering on the resource https://smsbat.com/ the Customer confirms that they have reached the age of majority at the time of registration.

8.

LIABILITY OF THE PARTIES 8.1. The Executor and the Customer, considering the nature of the provided service, undertake, in the event of disputes and disagreements related to the provision of the Information Service, to apply the pre- trial dispute resolution procedure. If it is impossible to resolve the dispute in a pre-trial manner, the parties have the right to apply to the court in accordance with the requirements of the current legislation of Ukraine. 8.2. For non-performance or improper performance of obligations under this Offer, the parties are liable in accordance with the legislation of Ukraine.

9.

QUALITY GUARANTEES OF THE INFORMATION SERVICE 9.1. The Customer, accepting the terms of this Offer, also accepts the risk of not receiving profit and the risk of possible losses associated with the use of knowledge, skills, and competencies acquired by the Customer during the provision of the Information Service. 9.2. The Executor is not responsible for the non-receipt of profit (income), receipt of profit (income) below the Customer's expectations, as well as for the Customer's direct and indirect losses. 9.3. The Executor, in the process of providing the Information Service, has the right to require the Customer to perform certain actions to stimulate the sale of the Customer's products, as well as for other purposes of the Executor. Requests for certain information are sent to the Customer via electronic communication: to the email or in another way agreed separately in each case. 9.4. Failure to perform or improper performance by the Customer of the Executor's request is grounds for refusal to refund the funds paid by the Customer to the Executor, regardless of the grounds for the Customer's request, which is unconditionally accepted by the parties. 9.5. Acceptance of claims from the Customer with a demand for a refund ceases after 14 (fourteen) calendar days from the start of the webinar (i.e., obtaining information about access to the closed area of the site or another online platform or communication channel where the training recordings are located), which is unconditionally accepted by the parties. For some courses and trainings, this period may be reduced by the Executor to 7 (seven) calendar days, which the Executor must clearly notify the Customer before the acquisition of this training or course. Other ways to extend the guaranteed refund period are impossible and contradict this Offer. 9.6. The conditions of warranty periods for the provision of Information Services are indicated on the website https://smsbat.com/. 9.7. Claims with a demand for a refund of the funds paid as payment for the product, except for manufacturing defects and other mechanical damages not caused by the Customer and before the transfer of the digital optical carrier with the recording of the webinar to them, are not considered by the Executor. 9.8. Claims with a demand for a refund of funds must be sent to the Executor no later than one day before the organization of orders. Other claims with a demand for a refund of funds will not be considered by the Executor.

10.

FORCE MAJEURE 10.1. The parties are released from liability for partial or complete non-performance of obligations under this Contract if such non-performance is caused by circumstances of force majeure (force majeure) that occurred after the conclusion of this Contract and made it impossible to fulfill obligations under the terms of this Contract. Such circumstances include, but are not limited to, emergencies of a technogenic, natural, or ecological nature, accidents in power supply systems, destruction of these systems caused, among other things, by earthquakes, floods, hurricanes, etc., prolonged absence of electricity and the Internet due to reasons beyond the control of the parties, military actions, rebellion, strike, mass unrest, riots and other illegal actions, as well as the health condition of the Executor (and/or the webinar leader), flood, fire, anti-terrorist operations, earthquake and other natural disasters, war, military actions, uncontrolled, illegal actions and acts of vandalism by third parties, revolutionary actions, civil unrest, acts or actions of government bodies, the adoption of legal or sub-legal acts directly affecting the possibility of fulfilling the conditions of this contract by the parties, and any other extraordinary circumstances. 10.2. The term for the performance of obligations under this Contract is postponed for the period during which these circumstances and their consequences are in effect. 10.3. The parties agreed that in the event of circumstances provided for in clause 10.1., the term for fulfilling obligations may be extended for a period of 6 months from the date when it became known about the occurrence of force majeure circumstances. 10.4. If the force majeure circumstances and their consequences continue for more than 6 (six) months, the parties must conduct negotiations in the shortest possible time to identify acceptable alternative ways of fulfilling the conditions of this Contract and reaching appropriate written agreements.

11.

OTHER PROVISIONS 11.1. The Customer guarantees that all the conditions of the offer are understood by them and they accept them unconditionally and in full, without any conditions, exceptions, and reservations. 11.2. In cases not regulated by this Contract, the parties undertake to be guided by the norms established by the current legislation of Ukraine. 11.3. The Executor under this Contract is for legal entities LLC "NOETIKOS GROUP", for individuals Sole Proprietor Verbitska Olena Oleksandrivna. 11.4. The legislation of Ukraine applies to this contract. 11.5. The parties give each other consent