Public offer
Public offer for the provision of paid and free consulting services
20.04.2022 A real public offer, the text of which is constantly posted for information telecommunications network "Internet" (hereinafter - the Internet network) at the network address: http://be-better.today is an offer addressed to an unlimited number of people enter into a contract for the provision of paid coaching services specified in this public offer.
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TERMS AND DEFINITIONS
1.1. "Party", "Parties" - Customer, Listener, Performer.
1.2. "Offer" - areal offer (public offer) that defines the rights and responsibilities of the Parties, as well as the procedure and conditions for the provision of Services. The concept of "Offer" and "Agreement", used in the text of this Offer, are synonymous.
1.3. "Acceptance of the Offer" - full and unconditional acceptance by the Customer, the Listener terms of the Offer in the manner provided for in section 2 of this Offer.
1.4. "Consulting services", "Services", "Service" - provision to the Customer, To the listener after Acceptance of the offer of coaching sessions.
1.5. "Executive" - Yuliya Yuryivna Shayenko.
1.6. "Customer" (for ease of understanding the text of the Offer, the Customer is also a person, who expressed a desire to become a Customer before the conclusion of the Agreement):
1.6.1. An adult capable individual who accepted the Offer and uses the Services for personal, business and/or general projects the Customer's living conditions and his professional self-realization.
1.6.2. Legal entity, individual entrepreneur who accepted the Offer and entered into an Agreement with respect to third parties (Listeners). In cases established this clause, the rules established by this Offer for the Listener, They do not apply to the customer, unless otherwise expressly provided for in this Offer.
1.7. "Listener" is the natural person specified in the Customer's Application, directly uses the Service, who has familiarized himself with and agreed with the Offer and has given his opinion consent to the processing of personal data. It is assumed that the Listener specified in The statement expresses the Acceptance of the Offer together with the Customer. The concept of "Listeners" further in the texts of this Offer are used in the sense defined by this clause.
1.8. "Accounting period" — is determined in the amount of 1 (one) calendar month and aggregate forms the period of provision of consulting services.
1.9. Additional terminology Coaching is a process built on the principles of partnership, which stimulates reflection (research) and creativity of clients to inspire them to the maximum revealing one's potential (both personal and professional). International Coaching Federation (hereinafter - "ICF") - a global international organization dedicated to the advancement of the profession Coach, sets high standards, provides independent certification, and builds a worldwide network of certified coaches. Detailed information about the ICF, ethical and professional norms, key competencies of a coach are located on the website ICF (http://coachfederation.org). The ICF Code of Ethics is a compilation of ethical and professional norms that regulate ethical and professional coaching standards (Appendix No. 1 to the Agreement). The ICF Core Coach Competencies are eleven competencies developed by the ICF that reflect coach skills and approaches in modern coaching as defined by the ICF. A certificate is a document confirming that a coach has completed training at ccredited by the International Federation of Coaching in the form of ACTP, ACSTH or RCE program The availability of the Coach's certificate is indicated in Appendix No. 2 to this Agreement, which is an integral part of this Agreement. ICF certification – Coach receiving one of the statuses (ACC (Associate) Certified Coach), PCC (Professional Certified Coach) or MCC (Master Certified Coach)), which is confirmed by the relevant diploma, are listed in Appendix No. 3 and are an integral part of this Agreement. Coach – A trained performer. Coach agrees to apply Key Competencies of the ICF and undertakes to comply with the ICF Code of Ethics. A client is a person with whom coaching is conducted. A conflict of interest is a situation in which the Coach has such a personal interest that he can become an obstacle to the performance of his duties. Coaching Session (hereinafter - "Session") - a single meeting between the Coach and the Client (incl with the use of means of communication), the main form of interaction of the parties within the limits provision of services under the Agreement. It is conducted by the parties at the time and format agreed upon (face-to-face meeting, by phone, skype, zoom, etc.). The client chooses the purpose of the session at that time how the Coach listens and participates in the process in the form of observations, questions, other skills and Coaching skills provided by the ICF Key Competencies.
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OFFER ACCEPTANCE
2.1. Acceptance of the Offer by the person specified in Clause
1.6.1 of the Offer is carried out by committing the following actions in total:
2.1.1. I have read and agree with the Offer.
2.1.2. Filled in and sent personal data on the Contractor's website by registration payment requests.
2.1.3. Made payment for the Services in the amount and within the period stipulated by this Offer.
2.2. Acceptance of the Offer by the person indicated in Clause 1.6.2 of the Offer is carried out by performing the following actions in aggregate:
2.2.1. Familiarization and agreement of the Customer and Listeners with the terms of the Offer.
2.2.2. Filling in and sending the Listener's personal data on the Performer's website by processing a request for payment.
2.2.3. Made payment for the Services in the amount and within the period stipulated by this Offer.
2.3. For the proper execution of the Acceptance of the Offer, the Customer in accordance with the clauses 2.1.3., 2.2.3., 5.4. of this Offer provides 100% payment for Consulting Services.
2.4. The date of acceptance of the Offer by the Customer and the Listener is considered the date of receipt of the complete offer payment for Services no later than the date of provision of the relevant Service.
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SCOPE OF THE CONTRACT
3.1. The Contractor undertakes to provide the Customer with services individual counseling in the form of coaching (hereinafter - "coaching"), and the Customer undertakes to pay for these services within the terms and in the manner stipulated by the terms hereof Agreement.
3.2. The scope of coaching services (number and duration of sessions), format of communication on sessions, terms of service provision and other characteristics of the service are agreed upon by the Parties additional application and depends on the needs of the Customer.
3.3. The service is considered to be provided properly and in full for the invoice month and accepted by the Customer and (or) Listener, if within 3 (three) calendar days days from the end of the provision of the Service to the Contractor's address has not been received relevant statements or claims from the Customer and (or) Listener.
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RIGHTS AND DUTIES
4.1. RIGHTS AND OBLIGATIONS OF THE PERFORMER
4.1.1. The contractor undertakes to act in accordance with the Ethical Code when providing the service ICF Code and base work on ICF Key Competencies.
4.1.2. The performer undertakes to treat any relationship "Coach - Client", regardless of the form of compensation provided for in this Agreement.
4.1.3. The Contractor undertakes to inform the Customer and agree with him how it will be go through the coaching process, what are the terms and limits of confidentiality, financial agreements and other conditions of cooperation of the Parties.
4.1.4 The Contractor undertakes to maintain confidentiality regarding the circumstances which became known to the Contractor in connection with the execution of this Agreement, including:
● provision of services to the Customer within the framework of this Agreement;
● content of coaching sessions;
● contact data of the Customer, namely: phone, mobile phone, email mail, Skype, passport data.
4.1.5. The contractor has the right not to comply with the terms of the confidentiality agreement and to apply to the relevant state bodies, in the cases provided for the current legislation of Ukraine, including, but not limited to: in cases illegal activity of the Customer, on the basis of a court decision and/or a court summons, in the event of a risk of endangering one's own person or others. Signing under Under the terms of this Agreement, the Customer confirms his agreement with the data limitations of the confidentiality terms provided for in this Agreement.
4.1.6. The Contractor has the right to recommend the Customer to contact another coach or to other specialized specialists whose services are not duplicative or substitutes, if it is considered that it will be more productive for the Customer and/or necessary in the relevant situation.
4.1.7. The Contractor undertakes to notify the Customer of all anticipated remuneration that the Contractor may receive from third parties for the fact that recommends this Client or for having recommended the Client to the Contractor.
4.1.8. The contractor is obliged to monitor the risks of conflict of interests and potential conflicts of interest, openly discuss such situations with the Customer, and accept decision in favor of the Customer, up to the termination of this Agreement.
4.1.9. The Contractor has the right to use information about the Customer for filling application form for renewal of the coach certificate in the ICF, in which the Executor can specify name, contact information, total number of hours of coaching.
4.1.10. The executor is obliged to comply with the requirements of the applicable legislation on protection of personal data. Processing of the Customer's personal data, including transfer of personal data in the cases stipulated by this Agreement is necessary and sufficient for the provision of services within the framework of this Agreement, is carried out with the Customer's consent to the processing of his personal data.
4.2. RIGHTS AND OBLIGATIONS OF THE CUSTOMER:
4.2.1. The Customer has the right to receive professional services from the Contractor, in accordance with the requirements stipulated by the ICF Code of Ethics and Key ICF competencies. By signing this contract, the Customer confirms that notified and accepts the level of qualification of the Executor in coaching received Executor of certificates and certifications in ICF.
4.2.2. The Customer has the right to ask the Contractor for information on issues related to organization and provision of proper performance of the services provided for in clause 2.1. of this agreement, other information related to rights and legitimate interests The customer.
4.2.3. The Customer is obliged to pay the Contractor's services in a timely manner under the conditions, provided for in Section 5 of this Agreement.
4.2.4. The customer is obliged to postpone the time of the session by notifying the performer in writing later than 24 hours before the session deadline without any penalties. IN in case such notification was received by the Contractor later than the specified time, the session is considered completed and is subject to payment in full unless otherwise stated agreed by the Parties.
4.2.5. In the event of a claim to the held session, the Customer is obliged no later than 24 hours after the end of the session, send a motivation letter to the Performer objection in the form of a written notice. In the absence of a written motivated objection to the session, the service is considered provided and is subject to payment. The parties confirm that there is no additional signing of the Act on services provided necessary.
4.2.6. The customer has the right to prematurely and unilaterally refuse the performance. The contract, which entails the termination of the provision of services by the Contractor. Such a breakup possible by means of a written notification by the Customer to the Contractor no later than 4 (four) days before the date of the regular session.
4.2.7. The customer confirms that, signing under the terms of this contract, within the framework of cooperation under this Agreement, agree to all cases of receipt, processing, storage, transfer of his personal data, including all cases of receipt, processing, storage, transfer of his personal data to a third party.
4.2.7. In case of violations by the Coach of the norms of the ICF Code of Ethics, the Customer has the right to apply to the International Coachin Federation or one of its affiliates branches
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FINANCIAL TERMS
5.1. The cost of the session regardless of the form of its conduct (face-to-face or with the help of funds communication: by phone, skype, zoom, etc.) is indicated on the artist's website be-better.today
5.2. Payment for Services is subject to 100% prepayment.
5.3. The total cost of services is determined by the number of sessions multiplied by the value specified in Clause 5.1 of this Agreement. The total amount is calculated By the executor and indicated in the Appendices "Parameters and cost of services" hereto Agreement.
5.4. Payment for services in accordance with this Agreement is made by the Customer in the order, defined in the Appendix "Parameters and cost of services" to this Agreement.
5.5. Payment for services by the Customer is made by transferring funds to the current account of the Contractor specified in section 8 of this Agreement.
5.6. The fact of advance payment by the Customer for Coach services means that the Customer has accepted the terms the real deal.
5.7. The fact of overpayment of the sessions conducted by the Coach confirms the absence motivated objections by the Customer to the service provided by the Contractor. The parties once again confirm that the additional signing of the Act on granted services are not required.
5.8. In case of termination of the contract unilaterally at the initiative of the Customer (The customer) will be refunded after deducting the cost of the sessions no later than 5 working days from the date of receipt of a written notice from the Customer about termination of the contract. At the same time, the funds are returned to the Customer by transfer to his current account or bank card.
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TERM OF THE CONTRACT
6.1. The contract is valid from the date of its conclusion by the Parties until the end of the period provision of Consulting Services to the Customer and Listeners, and in part others obligations of the Parties - until full fulfillment.
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RESPONSIBILITIES OF THE PARTIES. RESOLUTION OF DISPUTES. FORCE MAJEURE.MESSAGE.
7.1. For non-fulfillment or improper fulfillment of the obligations accepted under this Agreement obligations, the Parties bear the responsibility provided for by law of Ukraine. The terms of responsibility are regulated in particular by the ICF Code of Ethics.
7.2. If the Customer violates the terms of this Agreement, the Contractor shall have the right to suspend or terminate the performance of its obligations in effect Agreement at its sole discretion by sending a written notice The customer no later than 4 (four) days before the date of the next session.
7.3. The customer understands that he himself is responsible for his results and achievements, and that the efficiency of work when interacting with the Contractor can be ensured only by themselves, and as a Client, agrees with this.
7.4. If the Customer believes that the coaching service provided to him does not advance him to to the parameters of the result announced by him to the Coach, he has the right to inform about it Executor and discuss what requires any changes to return efficiency of interaction with the Contractor.
7.5. In case of delay in the fulfillment of financial obligations, the Party whose rights violated, have the right to charge a penalty in the form of 0.1% of the overdue amount each due date A written notice of penalty is the basis for remittance of the penalty in the amount and within the terms stipulated in the notice.
7.6. Disputes between the parties are resolved through negotiations. Review period written claims 5 (five) days from the date of receipt. If no agreement is reached in the course of negotiations, the dispute is allowed in accordance with the procedure established by law.
7.7. The parties are released from responsibility for partial or total non-performance obligations under this Agreement during its validity period, if it is caused by circumstances of force majeure, namely: fire, flood, earthquake, war, prohibitive acts or other actions of authorities state power and management, and others (internet network malfunctions, for example), circumstances beyond the control of the Parties. At the same time, the fulfillment of obligations regarding of this Agreement changes in proportion to the time during which it was in effect such circumstances, taking into account existing loading and other technical capabilities Parties
7.8. The parties are obliged to notify each other in writing of a change in their details. (location or actual (postal) address, telephone numbers, numbers current accounts) within 2 (two) days from the moment of the relevant changes. In case violations of the terms of the contract due to the details of the Party that have changed, in a timely manner which has fulfilled its obligations, bears no responsibility.
7.9. The parties are obliged to inform each other in writing about the influencing circumstances execution of this contract, in advance in order to prevent negative the consequences of such circumstances for the outcome of the contractual relations of the parties. Legally significant messages (letters, messages, messages) sent by the Parties by e-mail to the addresses specified in the details of the Parties (Chapter 8 of the Agreement), are considered to be directed accordingly and are subject to application along with correspondence sent by post.
7.10. After signing this Agreement, all previous negotiations regarding it, correspondence, preliminary agreements, letters of intent and any other oral or written agreements of the Parties on issues that in one way or another relate to it Contracts lose legal force, but may be taken into account when interpreting the terms the real deal.
7.11. Each Party bears full responsibility for the correctness of the information specified by it details of this Agreement and undertakes to notify in writing in a timely manner to the other Party about their change, and in case of non-notification is responsible for the risk occurrence of adverse consequences associated with it.
7.12. Assignment of the right of claim and (or) transfer of debt under this Agreement by one of Parties to third parties are allowed only under the condition of written consent this with the other Party.
7.13. For the purpose of operational document circulation regarding the execution of this Agreement The parties have agreed on such a procedure for exchanging legally significant messages by e-mail:
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legally significant messages sent/received by the Parties e-mail addresses specified in section 8 of the Agreement are considered sent by the addressee party under the Agreement (sender electronic message) and received by the addressee-party under the Agreement (email recipient);
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acceptance of legally significant messages by execution is recognized by the Parties to the Agreement as confirmation of receipt of the relevant electronic messages;
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documents (including messages) sent by e-mail, have full legal effect for the Parties. At the same time, the Parties did not meet the deadline later than 2 (two) days from the date of drafting the documents in electronic form and sending them by e-mail is allowed, but not obliged to send to the addressee the original of the corresponding electronic message, which is identical by text and documents sent by electronic message.
7.14. The customer is a natural person.
7.15 The executor is (taxpayer/natural person).
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FINAL PROVISIONS
8.1. This Agreement enters into force from the moment of signing and remains in effect until complete performance by the Parties of their obligations.
8.2. This Agreement enters into force at the time of payment and ends after full fulfillment by the Parties of their obligations under this Agreement.
8.3. Unless otherwise expressly provided for in this Agreement or in force in Ukraine legislation, changes and/or additions to this Agreement may be entered only by agreement of the Parties and formalized by an additional agreement to of this Agreement. 8.4. Amendments/additions and Addenda to this Agreement shall enter into force from at the time of proper registration by the Parties of the corresponding additional of the agreement/addendum to this Agreement, unless otherwise specified in the Agreement itself additional agreement/addendum, this Agreement or the current one Ukrainian legislation.
8.5. Additional agreements and Annexes to this Agreement are his an integral part and have legal force if they are issued in in writing and signed by both Parties. 8.6. This Agreement is concluded with full understanding of its terms and conditions by the Parties terminology in Russian in two authentic copies, one for each of Parties that have the same legal validity.
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DETAILS OF THE PERFORMER
Recipient:
Shayenko Yuliya Yuriivna
IBAN - UA973220010000026004310078110
EDRPOU - 3095913902
Purpose of payment - Payment for coaching services
Bank details:
Joint-stock company UNIVERSAL BANK
МФО 322001
ЕГРПОУ Банка 21133352
PayPal - yshayenko@gmail.com