PUBLIC OFFER
This Public Offer was last updated on: December 14, 2023
PREAMBLE
Before using the website, carefully review the content of this Public Agreement, especially regarding the terms of access to master classes and checklists and the procedure for refunding funds, and decide whether to accept or decline the terms of the Public Offer. The Public Offer is available on the website: bobak.school, which provides a real opportunity to review the text of the Public Offer. The Contractor is not liable for any consequences resulting from your lack of awareness of certain provisions of the Public Offer due to your failure to read it and your default acceptance of the Public Offer.
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1.1. Yuriy Bobak, acting based on the entry in the State Register No. 23970000000004189 dated 01.12.2018 (hereinafter referred to as the "Executor"), on one side, offers any capable individual, legal entity, or sole proprietor (hereinafter referred to as the "Client"), on the other side, to join this Public Offer (hereinafter referred to as the "Agreement") under the terms specified in this Agreement and according to the chosen type of services. When mentioned simultaneously, "Executor" and "Client" shall be referred to as the "Parties."
1.1. This Agreement is public, and its terms are the same for all Clients regardless of their legal status, without giving preference to one Client over another.
1.2. By joining this Agreement in the manner provided by this Agreement, the Client agrees to all the provisions of this Agreement.
1.3. Failure to agree with all the terms of this Agreement will result in the impossibility of the Executor providing informational and consulting services.
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2.1. Promotional Offer – an offer that grants the User the right to reduce the cost of the service provided by this Agreement once and for a single transaction under this Agreement, provided that the requirements specified in the promotional offer are met.
2.2. Website – a collection of software, informational, and media data logically interconnected and available on the Internet at: bobak.school
2.3. Agreement – the Public Offer of the Executor in the version valid at the time of its acceptance, posted on the Internet at: bobak.school
2.4. Informational and Consulting Services – actions by the Executor to provide the Client with access to master classes and checklists in the Client's personal account.
2.5. User – any individual who has access to the website and uses the website via the Internet.
2.6. Master Classes – audiovisual works that are remotely displayed on the Client's electronic computing equipment (computer, tablet, phone, etc.) at any time.
2.7. Personal Account – a personalized account of the Client created using the technical capabilities of the platform-builder, containing master classes, checklists, and supplementary materials, either together or separately, depending on the type of service chosen by the Client.
2.8. Platform-Builder – the softbook.app service, which the Executor uses to create a website and CRM system (personal data base) based on a non-exclusive license to use the service.
2.9. Supplementary Materials – additional informational materials to the master classes in the form of presentations, checklists, infographics, images, etc.
2.10. Successful Payment – the fact of crediting a monetary amount equal to the cost of the service package or its part, resulting from the transfer of funds in the national currency of Ukraine (hryvnias) to the Executor’s current account using the services of a Financial Agent.
2.11. Financial Agent – a payment system (represented by the Limited Liability Company “FINANCIAL COMPANY “WAY FOR PAY”), which organizes and executes the transfer of funds on behalf of the Executor using electronic payment processing methods for the goods or services sold on the website.
2.12. Other terms used in this Agreement are interpreted in accordance with the legislation of Ukraine.
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3.1. Under this Agreement, the Executor provides the Client with a set of informational and consulting services or a part thereof (hereinafter referred to as the "Services"), and the Client agrees to accept such services or their part and pay for them in accordance with the terms of this Agreement.
3.2. The scope of informational and consulting services under this Agreement includes:
Providing access to master classes in the quantity determined by the selected course.
Providing access to the selected checklist, which has been successfully paid for.
The User, using the technical capabilities of the website, has the right to place an order for a specific type of informational and consulting services.
3.3. The Client pays the Executor a fee for the Services in the amount corresponding to the cost of the selected type of service.
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4.1. The total price of the services under this Agreement is the total amount paid by the Customer for the Contractor's services.
4.2. The cost of the type of service selected by the Customer is the monetary amount specified on the website at the time the User accepts this Agreement, taking into account any available promotional offers.
4.3. Payment is made in a cashless form using the services of the Financial Agent.
4.4. The day the Customer fulfills the payment obligation for the services is considered the day the amount equal to the full price of the service package or part thereof is credited to the Contractor’s current account using the services of the Financial Agent.
4.5. As confirmation of the Customer's payment for the services under this Agreement via the Financial Agent, the Customer receives a receipt sent to their email address.
4.6. The User has the right to receive and use a promotional offer. The conditions of the promotional offer are communicated to the User by posting information about the promotional offers on the website, sending commercial notifications to the User's email address, phone number, messenger accounts, and/or social media accounts, or by other means of general notification.
4.7. This Agreement does not allow the use of a promotional offer after the successful payment for any type of service provided under this Agreement.
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5.1. The right to conclude this Agreement belongs to an individual who has acquired full legal capacity in accordance with the applicable laws of their country of citizenship. In the event that the individual lacks sufficient legal capacity, this Agreement is concluded by the parents, guardians, or adoptive parents on behalf of the individual they represent.
5.2. This Agreement is concluded by the full and unconditional consent (acceptance) of the User of the website, without the need for a signed written copy of the Agreement between the Customer and the Contractor.
5.3. The moment of providing consent (acceptance) under this Agreement is considered to be the fact of successful payment for the service package or a part thereof.
5.4. By concluding this Agreement, the Customer automatically fully and unconditionally agrees to accept the provisions of this Agreement and all annexes, which are an integral part of this Agreement.
5.5. The Customer does not have the right to conclude this Agreement if they do not agree with the terms of the Agreement. The Customer does not have the right to use the services under this Agreement if the Agreement has not been concluded.
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6.1. The User fills out and submits a specific form on the website to place an order for a service package or part thereof.
6.2. Completing the order form is a mandatory prerequisite for concluding the Agreement.
6.3. After completing and submitting the form via the platform constructor, the User will be redirected to the Financial Agent's page. On the Financial Agent’s page, the User makes the payment for the services through the Financial Agent’s services.
6.4. Within a certain period, the Contractor sends an email to the address provided by the Customer in the order form, containing the login and password for the Customer’s personal account.
6.5. The services under this Agreement are provided remotely. The provision of services begins when the Contractor grants the Customer access to the personal account after full payment for the service package or part thereof.
6.6. The services are considered fully provided by the Contractor to the Customer once access to the Customer's personal account is granted, specifically when the email mentioned in clause 6.4 of this Agreement is sent to the Customer.
6.7. The Contractor sets the following technical requirements for the Customer to ensure proper consumption of services:
3DS Max, version 2020 or later.
Corona Render, version 8 or higher.
The Contractor is not responsible if the Customer fails to meet the technical requirements set by the Contractor for consuming the services under this Agreement.
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7.1. The provision of services to the Customer does not require the preparation of a service delivery and acceptance act.
7.2. The provision of services under this Agreement is confirmed by the fact that the Customer consumes the services provided.
7.3. The fact of service consumption by the Customer is the ability to access and use the services, which is equivalent to the Customer receiving the email as outlined in clause 6.4 of this Agreement.
7.4. The Customer cannot demand a reduction in the cost of services or a refund in cases where they have partially or fully failed to use the services due to their own fault.
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8.1. The Customer has the right to:
8.1.1. Access the personal account with the range of services for which full payment has been made to the Contractor's account.
8.1.2. Receive information from the Contractor regarding the organization and proper provision of the services specified in this Agreement.
8.1.3. Ask additional questions related to the services provided under this Agreement in the Telegram chat.
8.1.4. Leave the Telegram chat at any time on their own.
8.2. The Customer is obligated to:
8.2.1. Constantly and strictly comply with the terms of this Agreement, the Privacy Policy, and all attachments posted on the website at: bobak.school.
8.2.2. Provide consent for the processing of personal data as outlined in the Privacy Policy in order to conclude this Agreement.
8.2.3. Not reproduce, repeat in any form, copy, sell, or use for any purposes any course materials or information made available on the website or any other sources provided by the Contractor.
8.2.4. Not create information products based on the course for the purpose of commercial gain, and not use this information in any way other than for personal use.
8.2.5. Not share the login and password for the personal account with third parties by any means.
8.2.6. Not distribute links to videos, photos, recordings, or related materials uploaded to the personal account through other programs.
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9.1. The Contractor has the right to:
9.1.1. Make changes to this Agreement, the Privacy Policy, and other attachments posted on the website at bobak.school without notifying the Customer.
9.1.2. Conduct technical breaks in the operation of the website to restore functionality or improve the website. These breaks do not serve as grounds for recalculating the price of services paid by the Customer.
9.1.3. Update the content of the services under this Agreement (excluding a reduction in service volume), website functionality, and/or the Customer's personal account at any time without notifying the Customer.
9.1.4. Send electronic, text, and/or multimedia messages to the Customer's email address, contact phone number, and accounts in apps such as Telegram, Viber, etc., with commercial and/or non-commercial offers from the Contractor and/or third parties. The Customer provides consent for such communication.
9.1.5. Suspend, terminate, revoke, or limit the Customer's rights to use the course at any time without penalties in order to protect the Contractor's legitimate business interests.
9.1.6. Engage third parties to administer the website or fulfill obligations under this Agreement.
9.1.7. Unilaterally terminate this Agreement if the Customer violates clauses 8.2.3 to 8.2.6 of this Agreement.
9.1.8. Unilaterally terminate this Agreement if the Customer withdraws their consent to the processing of personal data as stipulated in the Privacy Policy.
9.2. The Contractor is obligated to:
9.2.1. Provide services in full and in accordance with this Agreement, for which the Customer has made full payment.
9.2.2. Maintain communication with Customers in the Telegram chat.
9.2.3. Adhere to the provisions of the Privacy Policy posted on the website at bobak.school. Comply with legal requirements regarding the processing, transmission, and protection of the personal data of Users and Customers.
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10.1. Services are considered provided once an email is sent to the Customer's email address, as specified by the Customer in the order form.
10.2. This Agreement does not provide for a refund of the amount paid by the Customer for the services rendered.
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11.1. The Contractor holds all rights to the website and any materials posted on the website, including but not limited to text, graphic elements, photographs, design elements, images, and video materials.
11.2. The Contractor grants the right to use master classes, checklists, and related materials solely for personal purposes. This Agreement does not provide for the transfer of any other property rights or for any other purposes.
11.3. It is permitted to take photos, screenshots, or videos up to 15 seconds for posting on social media, provided that the Contractor, Yurii Bobak, is credited.
11.4. This Agreement prohibits copying, reproducing, screen recording, photographing (except as specified in clause 11.3 of this Agreement), video or photo recording by any other means, posting on any publicly accessible platforms, combining parts of objects into other objects without crediting the author, selling, or granting access to the personal account to third parties.
11.5. Any violation of copyright and related rights is subject to prosecution under the current laws of Ukraine and international treaties, the binding force of which has been approved by the Verkhovna Rada of Ukraine.
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12.1. The Parties are exempt from liability for breaching the terms of this Agreement if such a breach is caused by force majeure circumstances (circumstances of insurmountable force). Such circumstances include actions by government authorities, local governments, fires, floods, earthquakes, other natural disasters, power outages, loss of server connection, civil unrest, riots, and/or computer network failures, etc.—events that occur externally and are unavoidable.
12.2. The Party unable to fulfill its obligations under this Agreement due to force majeure circumstances is obliged to promptly notify the other Party. The Contractor will inform the Customer of such circumstances by posting information on the website.
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13.1. The Contractor is not responsible for any discrepancies between the Customer’s expectations and the results of the services provided.
13.2. The Contractor's liability is limited to the amount of compensation received for the services in relation to which a dispute or claim arises from the Customer.
13.3. The Contractor is not liable for any damages or losses incurred by the Customer, regardless of how they occurred.
13.4. The Contractor makes no guarantees or assurances that:
The services provided will meet the Customer's requirements;
Access to the personal account will always be available;
The use of services under this Agreement will be profitable for the Customer;
Access to the viewing of master classes, checklists, and supplementary materials will be uninterrupted, timely, or error-free;
Any defects in the operation or functionality of the platform-builder used to create the personal account will be promptly corrected.
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14.1. This Agreement may be terminated unilaterally by the Executor for the following reasons:
14.1.1. Violation by the Client of any other terms of this Agreement. In such a case, the funds paid by the Client under this Agreement are non-refundable and constitute a penalty for the Client's actions.
14.1.2. Violation of the Executor's intellectual property rights or related rights concerning all intellectual property objects accessible in the personal account. In such a case, the funds paid by the Client under this Agreement are non-refundable and constitute a penalty for the Client's actions.
14.1.3. Violation of behavioral rules during the receipt of services under this Agreement, including inciting inter-ethnic conflicts, spamming, advertising, obscene language, rudeness, insults to the Executor, or insults to other users or clients. In such a case, the funds paid by the Client under this Agreement are non-refundable and constitute a penalty for the Client's actions.
14.1.4. Violation of the terms of Section 11 of this Agreement. In such a case, the funds paid by the Client under this Agreement are non-refundable and constitute a penalty for the Client's actions.
14.2. This Agreement may be terminated unilaterally by the Executor in the event of full performance of the obligations by the Parties or their impossibility.
14.3. This Agreement may be terminated by mutual consent of the Parties or at the initiative of one of the Parties.
14.4. This Agreement may be terminated by court order.
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15.1. This Agreement becomes effective upon the Client's acceptance and remains valid until both Parties complete their obligations.
15.2. The Agreement remains in effect until all services have been provided and all payments have been made as stipulated in this Agreement.
15.3. The Agreement may be terminated earlier by mutual agreement of the Parties or in accordance with its provisions.
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16.1. The Customer has the right to contact the Contractor with questions regarding the subject of this Agreement, the procedure for granting access, or technical issues related to the use of the personal account by sending an email to the Contractor at: info@bobak.school.
16.2. To respond to questions about the content of master classes, checklists, supplementary materials, and feedback collection and processing, the Contractor will create a Telegram chat.
16.3. Communication with the Customer via the Telegram chat and email is not considered an obligation of the Contractor. Therefore, the Contractor has the right to provide responses selectively and at their discretion.
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17.1. The parties agree that if any part or provision of this Agreement is found to be invalid and/or void, the entire Agreement shall not be deemed invalid.
17.2. This Agreement is drafted in Ukrainian and English.
17.3. The Executor reserves the right to make changes to this Agreement without additional notice to the Customer.
17.4. This Agreement and its Appendices are valid in the form and under the conditions that existed at the time of its acceptance.
17.5. The place of execution of this Agreement is the location of the Executor.
17.6. In cases not provided for by this Agreement, the parties shall be governed by the laws of Ukraine.
17.7. All disputes and/or disagreements arising between the parties in connection with the performance or termination of the Agreement shall be resolved through mutual consultations and negotiations between the parties within 15 calendar days after one party has notified the other party of the dispute and/or disagreement. If no agreement is reached, the dispute shall be resolved in court according to Ukrainian legislation, with jurisdiction and venue in the territory of Ukraine, specifically at the location of the Executor.
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Address: Individual Enterpreneur Bobak Yuriy
Ukraine, 81743, Lviv Region, Zhydachiv District, Berezhnytsia Village, Shevchenka Street, Building 18
Identification Number: 3299603950
Bank Account:
UA053052990000026009021010493
Email: info@bobak.school