By accepting this public offer, you agree with all of its provisions set out below and confirmthat you understand all of its points, thereby entering into a contract for the provision of services with "UCU-online" on the terms specified in this document.
1. General Terms and Conditions
• 1.1. This electronic contract is a public proposal (offer) of the Higher Education
Institution "Ukrainian Catholic University" in the person of "UCU-online" (from now on - the Performer) to an unlimited number of natural persons or legal entities for the provision of educational services (from now on - the Service, educational Service) and developed by the requirements of the Civil Code of Ukraine, the Law of Ukraine "On Education" («Про освіту»), the Law of Ukraine "On Electronic Commerce" («Про електронну комерцію»). Conclusive actions will also be considered as joining this Agreement: putting a check mark opposite the field "Acquainted with the public offer" and/or paying the bill or using an online payment tool to pay for online courses and/or gaining access to online training courses. In case of disagreement with the terms of this Agreement, the conclusion of the accession agreement is not possible.
• 1.2. The terms of this Agreement are the same for all persons. The fact of transferring funds by the Customer (by pressing the "Pay" button) certifies the full and unconditional acceptance of the terms of this Public Agreement (acceptance of the offer), and also indicates that he understands the meaning of his actions, all the terms of the Agreement are clear to him, he is not under the influence of an error, deception, violence, threats, etc. The cost of the Performer’s Service is considered paid if the payment system provides information about debiting funds in the amount of 100% of the cost of the Performer’s Service from the Customer's account.
• 1.3. The Agreement is considered to have been properly executed, and the Parties to have fulfilled their obligations in full, if the Customer has paid the cost of the Service.
2. Definitions and other designations
The terms are used in the following sense:
The customer is the person who orders and pays for the provision of the Service by the Performer.
The performer is the "UCU-online" division of the Higher Educational Institution "Ukrainian Catholic University".
Personal data is information or a set of information about a natural person who is identified or can be specifically identified.
Processing of personal data is any action or set of activities, such as collection, registration, accumulation, storage, adaptation, change, renewal, use and dissemination (distribution, realisation, transfer), depersonalisation, and destruction of personal data, including using information (automated) systems.
The "UCU-online" platform is a set of educational materials advertised on the Internet, hosted and administered by the Performer using a specialised software environment for taking online courses on the website online.ucu.edu.ua (from now on - the Platform). The Performer may, at his discretion, change the Platform (specialised software) to another specialised software environment; at the same time, the User must familiarise himself with the functionality and rules of operation of the Platform. The use of the Platform (software environment) functions is included in the course price.
A course is a set of educational modules (video and text materials, tasks, guides, etc.) that are compiled according to a specific topic and within which services are provided. Educational material is a presentation, interactive material, video recording, homework, etc., posted on the Platform.
Tariffs are information about the price of the Course, conditions for granting discounts, and other useful benefits, which are indicated on the website, Facebook or Instagram page of the Platform, as well as on advertising materials presented by it.
A personal account is the User's account on the Platform, which is administered by the Performer and through which the User gets access to Courses, Educational materials, and other information necessary for the performance of the contract.
A receipt is a document received by the Customer after payment of the cost of the Service, which is the basis for the Customer's access to the selected training course.
3. Subject of the contract
The Performer undertakes to provide the User with educational services, the content of which consists of the User's access to the Personal account of the Platform and to the relevant Educational materials of a certain online Course during the term of the contract, and the User - to accept and pay for the educational services under the conditions specified in this offer. The cost of a specific Course (educational materials) is determined on the website or advertising materials.
4. Contract conclusion procedure
• 4.1. This Agreement is concluded on the terms of the accession agreement (Article 634 of the Civil Code of Ukraine) and is considered concluded from the moment of acceptance of the public offer.
• 4.2. By accepting a public offer to conclude such an Agreement, the User confirms that he fully accepts its terms.
• 4.3.The user accepts the offer by: taking conclusive actions - paying for the selected Course under the conditions specified in §6 of this Agreement. The written form of this Agreement under the Law "On Electronic Commerce" (ЗУ «Про електронну комерцію») can additionally be confirmed by sending an e-mail.
5. Obligations and rights of the Performer
• 5.1. The Performer is obliged to:
• 5.1.1 provide an educational service;
• 5.1.2. ensure compliance with the Customer's rights;
• 5.1.3. to inform the recipient about the rules and requirements regarding the organisation of the provision of the educational Service, its quality and content, about his rights and obligations during the provision and receipt of the specified Service.
• 5.2. The Performer has the right to:
• 5.2.1. independently establish the rights and obligations of the Customer, including, but not exclusively, the rules of behaviour of the Customer, during the provision of educational services.
• 5.2.2. determine the program, the duration of classes and other activities as part of the educational Service.
• 5.2.3. require the Customer to pay the fee for the educational Service on time in the amounts and in the order established by this contract.
• 5.2.4. refuse to provide an educational service if the Customer fails to fulfil his obligations or if the Customer's behaviour prevents the Performer from adequately fulfilling the obligations under this Agreement and other Customers of the educational Service from receiving it.
6. Duties and rights of the Customer
• 6.1. The customer is obliged to:
• 6.1.1. timely pay the fee for the educational Service in the amounts and in the order established by this contract;
• 6.1.2. comply with the Customer's obligations specified by the Performer during the provision of educational services, including, but not limited to: the Privacy Policy and the Academic Integrity Agreement.
• 6.2. The Customer has the right to demand from the Performer:
• 6.2.1. ensuring compliance with one's rights;
• 6.2.2. informing the Customer about the rules and requirements regarding the organisation of educational service provision, its quality and content, and about his rights and obligations during the provision and receipt of the specified Service.
7. Fees for providing educational services and payment procedure
• 7.1. The price is determined and applied according to the Course selected by the User and is indicated in advance on the relevant web page of the Course and (or) social networks or advertising materials.
• 7.2. Payments for services are made by transferring money to the Performer account through online payment systems used by the Performer.
• 7.3 Payment for services is made in hryvnia equivalent according to the exchange rate established by the National Bank of Ukraine on the day of payment.
• 7.4. If the User paid for the course reservation (if this was provided for in terms of payment), which is part of the payment for the course and did not make the remaining payment, the amount of such security payment is not returned to the User.
• 7.5. If the payment for the Course was made through a foreign account, the funds for it will not be returned.
• 7.6. The user cannot request a reduction in the cost of services or a refund if he has not used the services. The transfer of access to the User's Personal account is considered the moment of service provision.
• 7.7. The user can get a discount on the price of the Course. The conditions for granting a discount on the Course are brought to the user's attention through advertising materials. The discount is not given after purchasing the Course.
• 7.8. The fee for providing the educational Service is set in full in the national currency, while the Performer has the right to change it.
8. The procedure and terms of the provision of Services
• 8.1. Services are provided on the Internet by providing the User with access to the Course (Educational Materials) chosen by him through the Personal Account, which is administered by the Performer on the Platform during the term of this contract.
8.2. The date of the start (recruitment) of the Course is indicated on the website of the Platform and/or advertising materials.
• 8.3. The Performer is not responsible if the User missed the seminar, webinar, or other elements of the Course designed for their perception by the User through his participation in the online broadcast by the Course Program.
• 8.4. The transfer of access to the User's Personal account is considered the moment of service provision. The User consumes services by viewing the Educational Materials posted on the Platform. All Educational materials are author's and subjective, the Performer may disagree with the positions expressed in these materials. Copyrights for all Educational materials are transferred to the Performer by the relevant agreements.
9. Responsibility of the parties for non-fulfilment or improper fulfilment of obligations
• 9.1. For failure to fulfil or improper fulfilment of the obligations of this contract, the parties are responsible under the law and this contract.
• 9.2. In case of violation of the terms of payment for services, the Performer has the right to unilaterally terminate the contract and limit access to the Platform and Educational Materials.
• 9.3. The Performer may unilaterally terminate this Agreement and block access to the Educational Materials and the Platform in the event of: - detection of distribution (or any reproduction) of Educational Materials publicly and (or) transfer of access to the Platform to third parties who are not Parties to the Agreement and (or) purchase of the Course in bulk (by several persons).
• 9.4. If the Performer discovers the violations provided for in clause 8.3. of this Agreement, the User undertakes to pay a fine of 300% of the cost of the Course. Violations can be recorded by screenshots, software tools or facts of access to the Platform of third parties or by any other reasonable means.
• 9.5. In the event of early termination of the contract due to breach of contractual obligations by the Performer, the funds paid by the Customer as a fee for the provision of an educational service shall be returned to him in the amount of payment for the part of the Service not provided on the date of termination of the contract.
• 9.6. In the event of early termination of the contract due to the Customer's breach of contractual obligations or the Customer's non-fulfilment of the obligations specified in this Agreement, the funds deposited by the Customer shall remain with the Performer.
• 9.7. The Customer undertakes and agrees that he is fully responsible for reporting a false or non-working e-mail address, access to his e-mail box, and preventing third parties' access to the Customer's e-mail box and access to the selected Course.
• 9.8. All disputed issues related to the Customer's receipt of the Service are resolved by the Parties using the Customer's personal data, specified by the Customer when registering for the Course. If the Customer's personal data is set in a way that does not allow or significantly hinders the Customer or the recipient of the Service, the Performer has the right to deny the Customer consideration and resolution of disputed issues.
• 9.10. The Parties shall resolve all disputed issues related to the implementation of this Agreement through negotiations. All disputed issues are considered in the presence of the Customer's application with the attachment of documents confirming the stated requirements, indicating the reason for contacting the Performer's e-mail address within no more than 10 (ten) calendar days from the date of occurrence of the cause of the dispute. The received claim is considered and resolved by the Performer within no more than 10 (ten) calendar days. The dispute shall be resolved in court if the parties do not agree during the negotiations. At the same time, the parties agree that when determining the dispute, they will be guided by the provisions of the current law of Ukraine and this Agreement.
10. Personal data
• 10.1. The Performer has the right to process the Customer's personal data and other information if it becomes known to the Performer during the provision of educational services, including for the purpose of offering new services. The customer is guaranteed the rights provided by the Law of Ukraine "On the Protection of Personal Data" (ЗУ «Про захист персональних даних»).
• 10.2. The Performer undertakes not to transfer any information about the Customer that became known during the educational service provision to third parties, except those engaged by the Performer and participating in the provision of the educational Service.
• 10.3. The Customer confirms the consent of the Performer to the transfer of such Personal data and other information to such third parties by the terms of this clause of the Agreement and will not require notification of the transfer of the Customer's Personal data to third parties by the norms of Art. 21 of the Law of Ukraine "On Personal Data Protection" (ЗУ «Про захист персональних даних»).
• 10.4. The term of storage by the Performer of the Customer's Personal Data is three years
from the Service's completion date.
• 10.5. By accepting the terms of this Agreement, the Customer, as a subject of Personal data, voluntarily gives his consent to the Processing of his Personal data and confirms that the Performer informed him about the inclusion of his Personal data in the Personal data database, as well as that he is aware of his rights defined by the Law of Ukraine "On Personal Data Protection" (ЗУ «Про захист персональних даних»).
• 10.6. The Performer may use the received contact information (postal address, e-mail address, phone number, etc.) specified by the Customer during registration to provide a receipt, informing about changes in terms of service provision, notification of new services, clarifying the details specified by the Customer under a time of registration, notifications of various promotions, marketing activities, programs or surveys. The performer undertakes not to transfer the specified information to any third party, except for persons participating in the educational service provision.
11. Term of validity of the contract, termination of the contract
• 11.1. This Agreement enters into force by Articles 633, 641, and 642 of the Civil Code of Ukraine from when the Customer pays for the Service and is valid until the Parties fully fulfil their obligations.
• 11.2. Access to the Platform and Educational Materials is granted only for the term of the Agreement. If the User does not use the services during this period for personal reasons, the time of the Agreement will not be extended.
• 11.3. The contract is terminated:
• 11.3.1. in case of impossibility of the contract parties to fulfil their obligations in connection with the adoption of normative legal acts that changed the conditions established by the contract regarding the educational Service, and the disagreement of any of the parties to make changes to the Agreement;
• 11.3.2. in the case of liquidation of a legal entity - the customer or performer, if no legal esuccessor has been determined.
12. Other conditions
• 12.1 By joining this Agreement, the User grants the Performer the right to collect, process and store his personal data under the Privacy Policy.
• 12.2 The Performer may change the terms of this Agreement unilaterally with prior notice to the User. In case of disagreement with the changed conditions, the User has the right to terminate the Agreement unilaterally
• 12.3 Unless otherwise provided in this Agreement, the usual contractual terms established by law shall apply.
13. Final provisions
• 13.1. The Performer is a non-profit organisation.
• 13.2. In cases not provided for in this Agreement, the parties shall be governed by the current law of Ukraine.
• 13.3. The parties have agreed that the text of this Agreement, any material, information or information related to this Agreement are recognised by the parties as information with limited access and may not be provided to third parties without the prior consent of all parties, except when such provision is related to obtaining official permits, documents to fulfil obligations under this Agreement or to pay taxes, other mandatory payments to the budget, as well as in cases provided for by the current law of Ukraine.
• 13.4. The parties confirm that this Agreement does not conflict with the requirements of Art.
14. DETAILS OF THE PERFORMER
Institution of higher education
"Ukrainian Catholic University"
Index 79011, Lviv, 17 Svientsitskogo St.
IBAN account: UA 66 334851 0000000026005123436 in JSC (Joint-stock company) "First Ukrainian International Bank".
EDRPOU (National State Registry of Ukrainian Enterprises and Organizations): 26205857
Payment certificate VAT number 100051562
TIN (Taxpayer Identification Number): 262058513045
Tel. 240-99-40, 240-99-44
*according to Art. 197.1.2 of the Tax Code of Ukraine, all educational services provided by the UCU Higher Education Institution are exempt from taxation, therefore, when paying for educational services, please indicate "VAT free" ("Без ПДВ") in the payment description.
