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These rules are a public contract (offer) (hereinafter referred to as the Contract) and in accordance with the provisions of Art. Articles 205, 633, 634, 638-642 of the Civil Code of Ukraine, the conditions of the public offer are the same for everyone, and the person who accepts the conditions set forth in the Contract becomes the Customer (acceptance of the Contract is equivalent to concluding\/signing the Contract on the terms set forth in this public contract ( offers)) of the service www.sda.org.ua (hereinafter – Service\/Site).<\/p>\n
In the event of disagreement with the terms of this Agreement on the part of the Customer, the latter is obliged not to carry out the actions of ordering consultations on the Service or messenger, including their payment.<\/p>\n
1.1. The administrator is the owner of the Site\/Service or a person entrusted by the owner of the Site to perform any actions necessary to ensure the operation of the Site and to ensure interaction with Users.
\n1.2. Acceptance \u2013 providing the Customer with a full and unconditional response to the Administrator’s proposal to enter into a contract for the provision of services by a Specialist using the Service, by filling out a request for an initial consultation.
\n1.3. The customer is a natural person who has the appropriate civil legal and legal capacity in accordance with the provisions of the current legislation of Ukraine and adheres to the terms of this Agreement.
\n1.4. Order – an order for the provision of services placed by the Customer in the Service.
\n1.5. Service request – a message left by the Customer to the Service and\/or using the Messenger.
\n1.6. Service \u2013 information and consulting services in the form of conducting necessary research, consultations, advice and recommendations on solving issues in the field of child sports development.
\n1.7. User – any person who visits the Site.
\n1.8. Material – written consultation or materials remaining after oral consultation, files in PDF format, video recording, audio recording, checklists, etc., which are transferred to the Customer as a result of the provision of consulting services. Such an answer can be sent as a separate file or document, or in the form of a message on social networks or messengers in the dialogue mode between the Customer and the Specialist.
\n1.9.Messenger is a free mobile application used for instant messaging, sharing photos, videos, audio recordings and group chats. Among the most common applications are Telegram, Viber, WhatsApp and others.
\n1.10. Site\/Service \u2013 a set of data (texts, graphic and design elements, photos, videos and other results of intellectual activity, computer programs) that are connected and united both in terms of content and navigation under a single domain name, the link to which is on the Pages, and ensure the availability of this information for end users. For the purposes of this Agreement, the Parties’ website means the website that is available on the Internet at the link www.sda.org.ua
\n1.11. A specialist is a person or a partner organization engaged by the Administrator to provide relevant services in the form of necessary research, consultations, advice and recommendations for solving issues in the field of child sports development. Such a person or organization undergoes appropriate verification by the Administrator and verification of knowledge, skills, level of competence and availability of necessary permits and licenses.<\/p>\n
2.1. The Specialist chosen by the Customer through the Service or personally undertakes to provide the Customer with the necessary services, the content of which is to provide assistance in the form of necessary research, consultations, advice and recommendations for solving issues in the field of child sports development. According to this contract, the customer undertakes to accept and pay for the services on the terms specified in this offer and\/or private messages on the Site or a dialog box in the messenger.
\n2.2. The cost of a specific Service can be determined on the relevant page of the Services administered by the Administrator, in advertising materials, private messages in social networks or a dialog box in group chats of the messenger.
\n2.3. The service in the format of an oral consultation is provided in the form of a call or video call and\/or face-to-face consultation at the Customer’s choice. If the Customer wishes to record such a call, he must inform the Specialist about the recording before the recording begins. In the case of a recording of a call, such recording acquires the status of transferred materials and is subject to the regulations regarding materials, as provided for in this Agreement, in particular, such a recording may be used for personal use and may not be distributed in any way, including spread, transferred, etc.
\n2.4. Services may be provided to minors with mandatory notification of parents or persons replacing them, or in the presence of parents.<\/p>\n
3.1. The User can use the Site to search for the necessary Service.
\n3.2. The User selects the Service that he intends to use and fills out the registration form with his contact details and the essence of the issue that the User wants to discuss with the Specialists.
\n3.3. The user is fully responsible for the consequences of providing inaccurate or incomplete contact data.
\n3.4. The system allows the User to contact the Administrator to arrange a meeting.
\n3.5. In the event that the Specialist has not contacted the User within two working days from the date of the request, the Administrator may suggest another Service specialist who will meet the User’s requests and requirements.<\/p>\n
4.1. Acceptance of the terms of the offer will be considered conclusive actions – sending the Order for the service and\/or paying for the Order, including using an online payment method to pay for the Order. The moment of acceptance of this offer is the confirmation of the Order in the dialog box of the messenger or through any communication channel that connects the Customer with the Specialist or the Administrator.
\n4.2. The contract is considered concluded without its further signing from the moment of receipt of the Acceptance. By accepting, the Customer also confirms that he fully understands and agrees with the terms of this Agreement.
\n4.3. The customer confirms that the ultimate beneficiary of the results of the provision of services under this Agreement is himself or another person who authorizes him to purchase such services. In the case of the purchase of services for the benefit of third parties, or the payment for which is made by other persons, the Customer is responsible for such persons under this Agreement, and in the relations between the Customer and the Administrator, the Customer is a party to the Agreement, unless the parties have agreed otherwise.
\n4.4. In order to accept (agree) the terms of this Agreement, the Customer undertakes to provide the following information about himself:
\n– surname, first name;
\n– full age, in the case of working with minor clients. Minors must also provide confirmation that their parents or substitutes have been notified of their application.
\n– contact data (phone number, address or other data)
\n4.5. In order to fulfill the terms of this Agreement, the Customer gives the Administrator consent to the processing in any way of his personal data, provided by the Customer personally or through third parties, during the entire term of this Agreement. If, during the term of this Agreement, the Customer provides the Administrator with personal data of third parties, he guarantees the legality of their receipt and the availability of the consent of these persons to the processing of such personal data by the Administrator.
\n4.6. To ensure confidentiality and preserve confidential information, the Administrator may perform encryption and changes in personal data, which can be returned to their original form only in the case provided for in clause 11.4. of this Agreement.<\/p>\n
5.1. The price for services is indicated on the Site and depends on the selected service and its duration.
\n5.2. After the first contact of the Customer with the Administrator through the Site, Pages or a dialog box in messengers, the Administrator can additionally determine the duration and type of service, its final cost of the consultation\/service.
\n5.3. Settlements between the Parties are made by transferring funds through the online payment systems used by the Site or to the current account specified by the Administrator. The payment procedure and details\/links to the payment system are specified in the corresponding message or directly on the Site.
\n5.4. The price of the service includes all necessary costs of the Service.
\n5.5. Service time reservations are made by transferring funds to the account specified by the Administrator or through online payment systems. The customer makes such recalculation no later than 24 days before the session.
\n5.6. The commission, which can be deducted by banks and financial institutions for recalculation of funds, depends entirely on the Customer, unless otherwise agreed with the Administrator.
\n5.7. After full payment, funds are not returned, except for the cases specified in section 8 of this Agreement.
\n5.8. The paid reservation of the Services is a security payment, is not returned to the Customer and is a pledge in the sense of the current legislation.
\n5.9. The customer cannot demand a reduction in the cost of services or a refund if he has not used the ordered services.
\n5.10. The money of the paid reservation (deposit) is not returned to the Customer:
\n5.10.1. in case of refusal by the Customer to provide the service in less than 5 working days;
\n5.10.2 being late for more than 15 minutes from the agreed time of the Service without prior warning.
\n5.11. If the cases referred to in Clause 5.10 of the Agreement occurred due to force majeure circumstances beyond the control of the Customer, the Customer must notify the Administrator\/Specialist of such circumstances in accordance with the terms and conditions provided for in Section 10, and the Specialist together with the Administrator may decide to postpone the consultation to another time and date.<\/p>\n
6.1. Services are provided both on the Internet and in person during a face-to-face visit, which is indicated when ordering the Service. Both face-to-face and online services are paid for before the start of the Service by transferring funds to a current account or through a payment system in the order and manner provided for in this Agreement.
\n6.2. The Customer receives recommendations for providing assistance based on personal communication with the Administrator or Specialist, as a result of analyzing the problem, studying the sports condition of the client’s child. When providing such assistance under this contract, the Specialist conducts such counseling personally or with the involvement of other necessary Specialists of the appropriate level of training.
\n6.3. The Administrator and Specialist are not responsible if the Customer misses the service at the booked and agreed time.
\n6.4. To perform the Service, the Parties pre-book the date and time of such Service. The specified time is fixed for the Customer after the full transfer of funds in accordance with the procedure established in clauses 5.3.-5.6. Agreement.
\n6.5. If the Service runs through third-party applications upon agreement between the Customer and the Specialist, the Administrator is not responsible for the correct operation of third-party applications, but may recommend applications that have a better degree of protection of confidential information and stable operation.
\n6.6. The customer independently notes all the information he receives during the oral consultation. Upon agreement with the Specialist, the Customer may conduct an audio recording of the oral consultation or take notes. If the Administration is not notified of such a record or notes, the Customer shall pay the Administration a fine in the amount of the cost of the consultation.
\n6.7. The start of service provision and\/or transfer of access to paid Materials is considered the moment of service provision. The Customer consumes the services by listening to the Specialist’s professional advice, viewing the Materials, or directly participating in the face-to-face visit. All Materials are author’s and subjective, the Customer may not agree with the positions expressed in these materials. The copyright for all Materials belongs to the Administrator.
\n6.8. In case of violation of the terms of payment for services, the Administrator has the right to unilaterally terminate the contract and limit access to materials.
\n6.9. In case of cancellation of the appointment less than 24 hours in advance by the Specialist (except for cases when such cancellation is due to force majeure circumstances), the next consultation will be conducted by the Specialist free of charge.<\/p>\n
7.1. The specialist is obliged to provide services at a level that is typical for this type of service and to observe ethical rules of conduct when communicating with Users, as well as to adhere to ethical norms established by the Code of Ethics of the Ukrainian Union of Psychotherapists, the Code of Ethics of the European Psychotherapy Association, etc.
\n7.2. The User has the right to submit a complaint to the Administrator about the behavior of the Specialist. The administrator independently determines the term and procedure for considering such complaints. In the event that the facts of the Specialist’s unethical and unprofessional behavior are confirmed as a result of the review of the complaint, the Administrator has the right to remove information about the Specialist from the Site and disseminate information about such facts among professional associations, as well as on any other resources among an unlimited number of people.
\n7.3. The Administrator is not responsible to the Users for the actions of the Specialists and for the quality of their services.<\/p>\n
8.1. The customer can refuse to receive the service at least 5 working days before the start of the service without explaining the reason. In this case, the funds paid by the Customer are returned in full.
\n8.2. In the event that the Customer refuses the service after the start of service provision or less than the time specified in clause 5.10. Contract, funds paid by the Customer are not returned.
\n8.3. In order to exercise his right to a refund in the cases provided for in this Agreement, the Customer sends a corresponding message to the Administrator via messenger or by e-mail to the Administrator.<\/p>\n
9.1. In case of violation of the terms of payment for services, the Administrator has the right to unilaterally terminate the contract and limit access to the Materials.
\n9.2. The Administrator may unilaterally terminate this Agreement and block access to the Materials and\/or the Site, messengers in the event of detection of the distribution (or any reproduction) of the Materials.
\n9.3. In the event that the Administrator detects violations of clause 9.2. of this Agreement, the Customer undertakes to pay a fine in the amount of 300% of the cost of the services. Violations may be captured by screenshots, software or access to a third-party online product or by any other reasonable means.
\n9.4. The Administrator and the Specialist are not responsible for the consequences of the Customer’s use of the results of the service and\/or materials. The customer uses the results of the provided service and\/or materials at his own risk. The Administrator and the Specialist are not responsible for achieving results related to the practical application of the information obtained in the process of providing the service provided for in this Agreement.
\n9.5. No information, materials and\/or consultations provided by specialists as part of the provision of services under this Agreement can be considered as guarantees. Making decisions based on all the information provided by the Specialist is the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Specialist within the framework of fulfilling its obligations under this Agreement.
\n9.6. The customer bears full responsibility for illegal access and unauthorized interference with the operation of computers, systems and computer networks in accordance with the current legislation of Ukraine and access by third parties to confidential information or information about the services provided under this contract.
\n9.7. The parties recognize as inadmissible:
\n9.7.1. to cross the limits of acceptable ethical behavior;
\n9.7.2. switch to personalities and personal images;
\n9.7.3. use inappropriate, offensive, obscene language;
\n9.7.4. use vocabulary and behavior that is outside the normal style of communication;
\n9.7.5. any other behavior or statements that go beyond the moral principles of society and the generally accepted model of behavior.
\n9.8. In the event that the Administrator detects violations of clause 9.2. of this Agreement, the Customer undertakes to pay a fine in the amount of 300% of the cost of the services. Violations may be captured by screenshots, software or the facts of access to a third-party online product or by any other reasonable means.<\/p>\n
10.1. The Parties are released from non-fulfillment, improper fulfillment of the terms of this Agreement if such non-fulfillment, improper fulfillment occurred due to force majeure or circumstances that the Parties could not foresee before concluding this Agreement.
\n10.2. Circumstances of force majeure of the Parties include the following: fire, catastrophe, natural disaster, war, hostilities, gas leak, lack of electricity, lack of Internet due to technical reasons that do not depend on the will and capabilities of the Parties (interruption of the Internet due to lack of payment is not considered force majeure), changes in legislation affecting the implementation of this Agreement.
\n10.3. The Party that refers to force majeure circumstances undertakes to notify the other Party of the occurrence of such circumstances within 48 hours from the moment of their occurrence, and in the case of a lack of electricity and\/or the Internet no later than one hour before the start of the session with the User.
\n10.4. The Parties consider a certificate from the Chamber of Commerce, the corresponding Act on the energy service and\/or the person who provides Internet services to be adequate confirmation of the circumstances of force majeure.
\n10.5. The parties affirm, assure and guarantee that the existing (or existing in the future) military action on the territory of Ukraine and the introduced (continued) state of war will not be used by them as a basis for delay or evasion or an obstacle, including due to the presence of unforeseen (force majeure) circumstances, from fulfilling their own obligations under this contract.<\/p>\n
11.1. The Parties acknowledge that all information directly and indirectly related to the performance of this Agreement, as well as information provided by each of the Parties or any third party related to the Parties, which is not publicly available and has become known To the parties as a result of the conclusion and\/or execution of this Agreement, it is considered confidential. In addition, for the purposes of this Agreement, confidential information is considered to be secret in the sense that it as a whole or in a certain form and combination of its components is unknown and is not easily accessible to persons who normally deal with this type of information, in connection therefore, it is confidential and has been the subject of measures adequate to the existing circumstances taken by the Parties to preserve its secrecy.
\n11.2. The parties undertake not to divulge or disclose confidential information to third parties and not to use it for any purpose other than for the purposes of proper performance of this Agreement, both during its term and after its termination.
\n11.3. All confidential information provided by the Customer to the Administrator and Specialist is and remains the property of the Customer. After the termination of this Agreement, the Administrator and the Specialist are obliged to refrain from any disclosure of information concerning the Customer, to return to the Customer all originals and copies of any documents containing any Confidential Information (with the exception of this Agreement and documents necessary for the proper fulfillment of the terms of this contract by the Administrator and the Specialist, other documents that according to the current legislation of Ukraine must be in the possession of the Administrator and the Specialist).
\n11.4. The obligation imposed on the Administrator and Specialist to not disclose confidential information does not apply to cases of receiving information that:
\n11.4.1. there is a threat to the client’s life;
\n11.4.2. there is a threat to the life of other persons.
\n11.5. The Administrator and the Specialist have the right to notify the competent authorities of the cases identified by them, as specified in clause
\n11.4. Agreement and provide information at their disposal.<\/p>\n
12.1. All rights to the content posted on the Site\/Pages, as well as all materials, belong to the Administrator.
\n12.2. Intellectual property rights to materials, content on the Site or other resources, access to which is provided by the Administrator, in particular, but not exclusively, images, videos, logos, graphics, sounds, belong to the Administrator.
\n12.3. The administrator may also use objects of intellectual property rights that may belong to other persons, on the basis of an appropriate license, contract or other legal basis.
\n12.4. The Administrator grants the User\/Customer a limited, non-exclusive, revocable and non-sublicensing access license to use the materials (this means that the materials can be used by the Customer personally and are not intended for further distribution). The term of such a license depends on the materials and the territory of the license is the whole world.
\n12.5. The specified content and materials can be used in the following ways: by getting acquainted with it (by viewing, reading, listening, other familiarization depending on the type of content and materials, as well as by reproduction exclusively for personal purposes).
\n12.6. Granting the right for the Customer to use objects of intellectual property rights to use for the purposes of implementing this Agreement, the Administrator does not transfer any intellectual property rights to such objects and does not grant permission for their use for purposes other than those specified in the Agreement.
\n12.7. All materials provided by the Administrator to the User\/Customer during the meeting\/consultation, as well as the results of photo and video recording obtained by the Administrator during the meeting\/consultation, are the result of the Administrator’s intellectual activity.
\n12.8. Exclusive copyright, including related copyright, belongs to the Administrator. All materials provided by the Administrator to the Customer in the process of providing services are intended only for the Customer’s personal use. The customer has no right to copy or publicly quote the specified materials. The content posted on the Site, Pages and materials may not be copied, published, reproduced, processed, distributed, sold or used in any other way in parts or in whole without the written consent of the Administrator.<\/p>\n
13.1. In case of disputes, the Parties will take measures for pre-trial settlement of disputes.
\n13.2. The substantive law of Ukraine applies to the legal relations between the parties under this Agreement.<\/p>\n
14.1. The contract is valid during the term of service provision, and in terms of payment – until full settlement between the Parties.
\n14.2. The administrator has the right to unilaterally terminate this Agreement in the event of:
\n14.1.1. non-fulfillment by the Customer of its obligations under this Agreement;
\n14.2.1. provided for in Section 9 of this Agreement.<\/p>\n
15.1. By joining and emphasizing the terms of this Agreement, the Customer grants the Administrator the right to collect, process and store his personal data.
\n15.2. The Administrator may change the terms of this Agreement unilaterally at any time by publishing a new version of the text of this Agreement. Before each use of the Site, the User\/Customer checks the current version of the rules and by continuing to use the Site agrees to any changes. In case of disagreement with the changed conditions, the Customer has the right to terminate the Agreement unilaterally<\/p>\n
LLC “SDA Ukraine”<\/p>\n
03110, Kyiv, str. Kochura Hryhoriya, bldg. 19,<\/p>\n
code in EDRPOU 45499204,<\/p>\n
phone: +380 (97) 027-43-80.<\/p>\n
e-mail: info@sda.org.ua<\/p>\n
<\/p>\n
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PUBLIC CONTRACT (OFFERTA) FOR CLIENTS These rules are a public contract (offer) (hereinafter referred to as the Contract) and in accordance with the provisions of Art. Articles 205, 633, 634, 638-642 of the Civil Code of Ukraine, the conditions of the public offer are the same for everyone, and the…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"_locale":"en_US","_original_post":"https:\/\/www.sda.org.ua\/?page_id=5444","footnotes":""},"class_list":["post-5588","page","type-page","status-publish","hentry","en-US"],"yoast_head":"\n