Agreement on distance e-learning

PREAMBLE

This Agreement ("Agreement) is entered into by the following parties (hereinafter referred to as the "Parties"):

Parties:

1. Client (hereinafter referred to as the "Client," "Learner," "Student," "Auditor"), an individual or legal entity expressing the desire to participate in educational programs provided by the Educational Organization and providing relevant registration information.

2. GRYSHYN.INFO LLC (hereinafter referred to as the "Educational Organization").

WHEREAS, the Client expresses the desire to participate in educational programs provided by the Educational Organization;

WHEREAS, the Educational Organization provides access to its educational programs and resources through its website;

WHEREAS, by mutual consent, this Agreement is considered accepted after its acceptance on the website of the Educational Organization https://www.gryshyn.info/.

In accordance with the foregoing circumstances, the parties, hereinafter referred to as the "Parties," agree as follows:

RESERVATION 

1. The Client agrees to register and pay for access to selected online courses on the website of the Educational Company.

2. The Educational Company undertakes to provide access to the selected online courses after successful payment.

PAYMENT

3. The Client agrees to make full or partial payment for the selected educational services before the start of the training, according to the terms and amounts specified on the website of the Educational Company or in the invoice provided to the Client.

4. Payment for services can be made in the following ways:

- Through the educational platform's website using the provided payment methods.

- By transferring funds to the bank account of the Educational Company.

5. In the case of subscription-based services, the Client agrees to make monthly payments no later than the 5th day of each month, in the amount specified on the website of the Educational Company or in the invoice.

6. In the case of annual subscription-based services, the Client agrees to make an annual payment no later than the 5th day after the expiration of the subscription period as indicated on the website or in the invoice.

7. The Educational Company reserves the right to suspend the Client's access to educational materials and the platform in the event of untimely payment or insufficient funds in the Client's bank account.

8. When making payment through the educational platform's website, the Client agrees to provide correct and up-to-date payment information, including information about payment cards or other payment methods.

9. All bank commissions and expenses related to the transfer of funds are borne by the Client.

10. The Educational Company is not responsible for errors or delays related to the Client's banking transactions when paying for services.

11. In the event of a change in the cost of educational services, the Educational Company undertakes to notify the Client of the price and payment terms changes at least 5 days before the changes take effect.

DUTIES

The Educational Company undertakes to:

1. Provide the Client with access to selected online courses and educational materials in accordance with the description posted on the Educational Company's website.

2. Provide technical support and consultations related to the course content as described in the course materials.

The Client undertakes to:

1. Not disclose their login, password, and other identification information to third parties for the purpose of accessing electronic educational courses.

2. Maintain the confidentiality of their account information and take necessary measures to prevent unauthorized access to their account.

3. Not engage in actions that may harm the educational platform, including attempts to hack, distribute malicious software, or engage in other activities that violate the platform's usage rules.

4. Adhere to the rules of conduct and ethical standards during the learning process and communication with instructors and other students.

The Educational Company reserves the right to limit or suspend the Clients access to electronic educational courses and the learning platform in the event of the Client's failure to comply with the above obligations.

LIMITATION OF LIABILITY

The Educational Company explicitly notifies the Client of the following limitations of liability:

1. The Educational Company Is not responsible for any actions that violate the law or public morality, resulting from Information or vlews expressed in its educational | courses, including course materials. The Client acknowledges that the content of the courses represents the opinions of the authors and cannot be interpreted as the official position of the Educational Company.

2. The Educational Company is not responsible for any personal expenses of the Client of any kind, including but not limited to lost profits, regardless of the form of action (including contractual liability), negligence, its liability, or any other nature. Even if the possibility of such damage exists, the Client assumes full responsibility Tor their actions and decisions related to participation in the courses.

3. The Client agrees that the Educational Company is not liable for any direct or indirect losses, damages, expenses, or other obligations arising from participation in educational programs or the use of educational materials.

4. The Client acknowledges that they bear full responsibility for their actions and decisions based on the information and knowledge obtained during the learning process, and the Educational Company is not responsible for the consequences of these actions and decisions.

WARRANTY AND DISCLAIMER

The Educational Company guarantees that all provided educational services will be delivered diligently, with quality, on time, and professionally, following industry standards. The Educational Company undertakes to provide quallfied trainers for presenting the educational courses.

The Educational Company reserves the right to replace any trainer with another person at its discretion, provided that, in the opinion of the Educational Company, the replacement has the appropriate qualifications and experience to present the relevant course. In the event of such a replacement, the Client will be notified of the changes.

The Educational Company does not guarantee uninterrupted access or flawless operation of the content provided on the educational platform. Technical failures, Internet access issues, and other technical aspects may affect the availability and functioning of the platform.

The Educational Company does not guarantee that defects in software or on the platform will be corrected, or that the provided content is entirely safe and free from errors and omissions.

The Client understands and agrees that the use of educational services is at their own risk, and they are responsible for the security of their data and educational materials.

In case of technical issues or content unavailability on the platform, the Educational Company will make reasonable efforts to resolve the issues promptly.

INTELLECTUAL PROPERTY RIGHTS

All educational materlals provided by the Educational Company are objects of Intellectual property and belong to the Educational Company. All intellectual property rights to the available educational materials, including design, graphics, and text of all printed materials, audio recordings from webinars and podcasts, are fully owned by the Educational Company.

When providing access to educational materials, the Educational Company grants the Client a non-exclusive license to use these materials solely for the purposes of learning and personal development, and this license is not transferable or revocable.

Without the prior written consent of the Educational Company, the Client is prohibited from:

1. Copying, reproducing, uploading, posting, displaying, or linking to any educational materials, in whole or in part, in any form and on any medium.

2. Using educational materials for commercial purposes, including selling, distributing, or publicly presenting them.

Any violation of the intellectual property rights of the Educational Company will be pursued in accordance with applicable law.

The Client also undertakes to maintain the confidentiality of the information received during their studies, including information about the products or materials of other students, and not to disclose it to third parties without the prior consent of the Educational Company and the respective students.

CANCELLATION OF EDUCATION AND REFUNDS

Conditions for refunds at the initiative of the Client:

1. If the Client decides to withdraw from participation in an educational program before the start of the course, the money will be refunded in full, minus banking and payment system fees, which may be deducted when the refund is processed.

2. If the Client decides to withdraw from participation in an educational program within 10 days after the start of the course, the money will be refunded in full, minus banking and payment system fees, which may be deducted when the refund is processed.

3. After 10 days from the start of the education, no refunds will be granted.

Conditions for refunds at the initiative of the Educational Company:

The Educational Company reserves the right to cancel any educational course due to insufficient enrollment. In such a case, the Educational Company undertakes to notify the Client no less than 1 calendar day before the start date of the education.

In the event of the cancellation of an educational program by the Educational Company, the Client has the following options:

1. A full refund of the registration fees paid without any deductions.

2. The option to transfer their registration and payment to another term of education provided by the Educational Company.

The Client must notify the Educational Company of their choice within [specify period] after receiving notice of the cancellation or rescheduling of the educational program.

The Educational Company is not responsible for any additional expenses incurred by the Client due to the cancellation or rescheduling of the educational program. 

CONFIDENTIALITY

The Parties agree that the following data and information are considered confidential and undertake not to disclose them to third parties without the written consent of the other Party, except as provided by law:

1. Information about the course content, including educational materials, methodologies, and the structure of educational programs.

2. Information about the price and terms of education, including the cost of educational services and payment terms.

3. Personal data of the Client and employees of the Educational Company, including, but not limited to, names, contact information, account information, and financial information. 4. All inventions, know-how, and confidential information related to technical and methodological developments owned by the Educational Company and the Client.

Any breach of confidentiality obligations may result in legal liability in accordance with applicable law.

TERM OF THE AGREEMENT

This Agreement shall enter into force upon its signing and shall remain in effect for a period of 3 (three) years.

Termination of the Agreement does not release the Parties from fulfilling obligations that remain in force after the expiration of the Agreement.

The Agreement may be amended or extended only by mutual agreement of the Parties in writing.

JURISDICTION AND DISPUTES

This Agreement is governed by and subject to the laws of the following jurisdictions:

- For Clients located in the United States or the state of New York, the laws of the United States of America and the state of New York, respectively, shall apply.

- For Clients located in European Union countries, the laws of the United States of America and the state of New York, respectively, shall apply. 

- For Clients located in Ukraine, the laws of the United States of America and the state of New York, respectively, shall apply.

In case of disputes arising from the performance of this Agreement, the Parties undertake to make every effort to resolve them through negotiations and consultations. In the event that disputes cannot be resolved through negotiations, the disputes may be submitted to the competent courts in accordance with the legislation applicable to each specific case.