PUBLIC OFFER AGREEMENT
ON CONCLUSION OF A SERVICE PROVISION AGREEMENT
Effective June 20, 2020
Place of conclusion of the contract: Kharkiv, Ukraine
An Company entrepreneur MERUKRAINE LLC (hereinafter referred to as the “Contractor”)
1. Terms and general provisions.
1.1. Services – a set of information and consulting services by the Contractor in the manner and on the conditions determined by this Offer.
1.2. Public offer – the offer of the Contractor (set forth on the Contractor’s website), addressed to an unlimited circle of individuals following the legislation of Ukraine, to conclude this Agreement on certain conditions.
1.3. Contractor’s website – a web page on the Internet at: https://www.merukraine.com/, which is the official source of informing Users about the Contractor and the services that are provided to them.
1.4. Acceptance – Acceptance – full, unconditional and absolute acceptance by the User of the terms of the Public Offer of this Agreement.
1.5. User – an individual, who has reached 16 years of age and who has made the acceptance of the Contractor’s Public Offer outlined in this Agreement and has paid the cost of the Service.
1.6. Parties – Contractor and User.
1.7. Account – an entry stored on the Site containing the information necessary to identify the User when providing access to the Site, information for authorization and accounting on the Site. Such an entry, including name, email address, primary mobile phone number, password (or other similar authentication means).
1.8. Login – the email address required the User to access his account, which serves as the User’s identifier.
1.9. Password – a set of letters and numbers necessary for the User to access his account.
2. Subject of the contract.
2.1. The Contractor assumes the obligation to provide the User with consulting services on a fee basis regarding the conditions and procedure for entering the educational institutions chosen by the User and to enter the selected educational institution of the User or the person that the User has the right to represent following the legislation of Ukraine. The User is obliged to accept the provided services and pay their cost in the manner and manner provided for in this Offer.
2.2. Such services include:
Invitation Letter from an educational institution;
Sending the original invitation to the User (the person who represents the User);
Meeting at the airport;
3. Terms of service.
3.1. Acceptance of the terms of the Agreement means the full and unconditional acceptance by the User of the terms of the Offer, without any exceptions and / or restrictions, and has legal force equivalent to a written agreement on the provision of services to the User. Acceptance of the conditions of the Offer is the performance by the User of the actions defined by this Offer, and is equivalent to the User’s own signature under the Agreement.
3.2. The User accepts (accepts) the Offer after familiarizing himself with the conditions set forth on the Contractor’s Website by filling out the User’s special application form posted on the Contractor’s Website.
3.3. After all, the preconditions are fulfilled, the User registration will be completed.
4. Rights and obligations of the Contractor:
4.1. The Contractor has the right:
4.1.1. Receive from the User the information necessary to provide services under this Agreement;
4.1.2. To receive payment for the services provided in the amounts and terms stipulated by this Agreement;
4.1.3. Publish any materials and reviews created by the User in the process of receiving the service, without any restrictions or compensation by the User;
4.1.4. Check information and documents provided by the User. If it is found, that false information has been provided, the Contractor has the right to suspend the performance of its obligations under the Agreement, to terminate the Agreement unilaterally, without reimbursing the User for the money paid.
4.1.5. Engage hired workers or third parties for the execution of this Agreement, without the consent of the User.
4.2. The Contractor undertakes:
4.2.1. Provide the User with the Services in the amount in accordance with this Agreement.
4.2.2. Inform the User about the rules and requirements for the organization of the provision of consulting services, their quality and content, about the rights and obligations of the User when receiving services.
4.2.3. Provide information and advisory assistance when the User selects an educational institution, when filling out questionnaires and preparing the necessary documents for admission to the educational institution chosen by the User.
4.2.4. Fulfill the terms of this Agreement in good faith.
5. Rights and obligations of the User.
5.1. The User has the right to:
5.1.1. Receive Services of appropriate quality following the Offer.
5.2. User agrees:
5.2.1. During the entire period of the provision of services comply with the terms of this Offer;
5.2.2. Pay for the cost of the Contractor’s services.
5.2.3. When filling out the form, provide (personally enter) reliable information.
6. Cost of services and payment procedure.
6.1. The Contractor provides the Services to the User solely on a previously paid basis by the payment of services by the User per the prices provided by the Contractor.
6.2. Payment made by the User for services in case of unilateral termination of the contract by the Contractor in connection with violations of the terms of the Contract by the User or the User’s refusal from the Contractor’s services is not refunded.
6.3. Payment through the site does not include the cost of tuition, accommodation, provision of consulting services after arrival and admission to the university, accommodation, state fees and other fees when applying for migration cards, medical insurance, legalization of educational documents at the Ministry of Science and Education of Ukraine.
6.4. The cost of the services provided for this Agreement is paid by the User in non-cash form, by transfer to the Contractor’s current account or by payment on the website.
6.5. If the User, after signing this Agreement, for some reason, on his initiative, refuses the services provided by the Contractor, the Contract, in this case, is considered to be fulfilled by the Contractor and terminates without return to the customer the payment made. The parties agreed that in the event of the circumstances outlined in this clause of the Agreement, they would not have any claims to each other.
6.6. If the User withdraws from the Agreement on his initiative, the funds paid by the Customer are not refundable to the Customer.
6.7. Funds paid by the User are not refundable in case of revealing by the User of the Contractor, embassy/consulate, educational institution of incorrect data, not reliable information.
6.8. If the User was refused by the competent authorities in obtaining a visa, the Contractor returns to the User 10% of the amount paid by him for each case. The Contractor shall carry out such a return as soon as possible.
6.9. The cost of the services provided for in this Agreement is paid by the User in non-cash form, by transfer to the Contractor’s current account or by payment on the website.
6.10. The Contractor has the right not to return the funds paid by the User for training if the User refused the services of the Contractor.
7. Responsibility of the Parties.
7.1. For failure to fulfil or improper performance of obligations under this agreement, the parties are liable under the current legislation of Ukraine.
7.2. Contractor’s services and all related materials are provided “As Is”, without direct warranties. The Contractor does not provide any guarantees, including commercial suitability, suitability for use and violation of the rights of third parties, warranties arising from business relationships or business practices. Besides, the Contractor disclaims liability related to User access to the Services and related materials, as well as their use. The User agrees that he ( she) accesses the services and related materials and uses them at his own risk.
7.3. To the maximum extent permitted by the legislation of Ukraine, the Contractor shall not be liable for indirect, incidental, actual, indirect or direct losses, direct or indirect loss of profit or non-receipt of income, loss of data, operational qualities, goodwill and other intangible values associated with a) User access to services and their use or the impossibility of such access or use; b) with materials or behaviour, including shameful, abusive or illegal, of any third party; or c) with unauthorized access, use or alteration of User materials or information. In no case shall the total liability for all claims for services exceed the greater of the two following amounts: twenty US dollars (20 US dollars) or the total amount received from the User for using paid services over the past six months.
7.4. The User agrees that the disclaimer of warranties and limitation of liability outlined in these conditions reflect a reasonable and fair distribution of risks, and is a prerequisite for the provision of services by the Contractor for an affordable fee.
7.5. The User agrees that any claim related to the Services must be submitted to the court within the limitation period for one (1) year after the occurrence of grounds for it, otherwise, such reason shall be considered invalid.
7.6. The User agrees that if the User does not comply with the obligation to pay on time, the Contractor has the right not only to stop providing services and access to the Site until payment but also to terminate this Agreement.
7.7. The parties agree that any dispute or lawsuit arising between them will be considered exclusively by the courts of Ukraine, although the Contractor may enforce any decisions of such courts in courts in any other jurisdiction where the User is located.
7.8. Any non-fulfilment by the Contractor of a right or fulfilment of any rights or provisions of this Agreement does not constitute a waiver of such a right or provision.
8.1. The parties are exempted from liability for non-fulfilment of obligations if this non-fulfilment is caused by circumstances beyond the control of the parties, namely: military operations, natural disasters, industrial and other accidents, strikes, lockouts, acts of government or administration, etc., which makes it impossible to fulfil the terms of this Agreement (hereinafter referred to as Force-Majeure).
8.2. Force-majeure is applied, and the Party for which it has occurred is released from liability for violation of the terms of this Agreement if there is written confirmation (conclusion, certificate) of the Chamber of Commerce and Industry of Ukraine on the occurrence of force majeure.
8.3. The Party for which Force-Majeure has come undertakes to immediately notify the other Party and provide documents confirming Force-Majeure.
8.4. From the moment such notification is received by the other party, the fulfilment of the terms of this Agreement is terminated for the entire period of force majeure.
8.5. In the event of force majeure for more than 3 months, each of the parties has the right to initiate the termination of the contract.
9. Termination of the Agreement.
9.1. This Agreement shall expire:
9.1.1. By agreement of the parties;
9.1.2. If the fulfilment by the Party of the Agreement of its obligations is impossible due to the adoption of regulatory acts that have changed the conditions established by this Agreement, and any of the Parties do not agree to amend the Agreement.
9.1.3. In cases of violation by the User of the terms of this Agreement.
9.1.4. In other cases provided for by this Agreement and the current legislation of Ukraine.
10. Confidential Information.
10.1. The User is aware that any confidential information (as defined below) that he receives because of using the Site is valuable, confidential, protected by the information of the Contractor. The User agrees that he must not use or use to disclose to any other person any such confidential information without the express written consent of the Contractor, except those specially permitted following this Agreement, or following the requirements of the law.
For this Offer, “Confidential Information” means any data, information, documents, software or materials relating to the services of the Contractor, its Users, should be considered confidential
That is, the User does not share any confidential information that he reveals using the Contractor’s Site with anyone else without the permission of the Contractor.
11. The validity of the offer.
11.1. This Public Offer comes into force from the moment it is posted on the Contractor’s Website and is valid until the Contractor revokes it.
11.2. The Contractor has the right at any time to amend the conditions of the Offer and/or withdraw the Offer at any time at its discretion. If the Contractor makes changes to the Offer, such changes shall enter into force upon posting the changes to the text of the Offer on the Contractor’s website, unless another period for the changes to take effect is specified directly in the text of the amended Offer.
12. Intellectual property.
12.1. The Contractor provides Users with a limited, personal, non-exclusive, non-transferable and revocable license to use the Services and any materials or information received on the Site. The materials and any information provided as part of the Services or on the Site, the User can only use for personal non-commercial use.
12.2. The User agrees to create and use only one account and not transfer access or credentials for access to it to third parties.
12.3. Use of the Services does not give the User the right of tangible or intellectual property to the used Services or materials.
13. Final provisions.
13.1. The parties have established that the parties through negotiations will resolve any disputes and claims.
13.2. The parties are aware that the Services are provided by the Contractor, which it is registered and acts according to the legislation of Ukraine, whose place of residence is also recorded in Ukraine.
13.3. The parties agreed to consider the Contractor’s place of residence as the place of the transaction and the place of provision of the Services.
13.4. By accepting this Offer, the User agrees that all disputes related to this Agreement will be considered following the legislation of Ukraine without regard to the rules of conflict of laws. The User also agrees that all such disputes are the exclusive competence of the courts of Ukraine.
13.5. The headings used in the articles and paragraphs of this offer are used only for links and ease of use of the text. These headings cannot be considered as defining, limiting or changing, or affecting the meaning and meaning of the terms of this offer or any part thereof.
13.6. If any of the provisions of this offer is declared invalid, then the validity of its remaining provisions is not lost from this.
13.7. In all cases, and not provided for by this Offer, the Parties are guided by the current legislation of Ukraine.
14. Details of the Contractor.
LLC . MERUKRAINE
kharkivski region , Kharkiv,Ave nauka 40 office 535d