Agreement for the Provision of Services by the MAMA Academy
This Agreement for the Provision of Services is a Public Offer Agreement, i. e. a proposal of MAJOR AFFILIATE MARKETING ACADEMY Limited Liability Company (EDRPOU Code 43780438) to the unlimited circle of individuals and legal entities, on the conditions set out below, to conclude an agreement on the provision of information services by providing acceptance. 1. Terms and Definitions
Offer Agreement is the proposal of the Contractor, addressed to an individual or legal entity to conclude an agreement on the provision of services under the conditions provided for by this public agreement.
Acceptance is the Customer's consent for the complete and unconditional acceptance of the Offer, which is confirmed by one of the following actions:
- payment for the services provided by the Contractor on a paid basis, on the terms and in the manner provided for by paragraph 4.2. hereof;
- reserving the selected Contractor's service, provided with the free access, on the terms and in the manner provided for by paragraph 3.1.2. hereof;
Contractor is MAJOR AFFILIATE MARKETING ACADEMY Limited Liability Company (EDRPOU Code 43780438)/MAMA Academy/Major Affiliate Marketing Academy, a party to the agreement providing information services under this public agreement.
The Customer is an individual and/or a legal entity with the status of the MAMA Platform User, a party to the Agreement, which provided the Acceptance in the manner prescribed by this Agreement.
The User is an individual and/or a legal entity registered on the MAMA Platform under the rules prescribed by the Policy of Use
The MAMA Platform/Site – https://mama-edu.com
Services mean providing the Customer with the access to the Content of the MAMA Platform in the format of courses, training sessions, webinars and other materials on a paid and free basis, aimed at acquiring knowledge, competences and skills in the Internet marketing in the manner provided for herein.
The course is a service provided on the MAMA Platform in the form of an audiovisual work, consisting of parts (modules, stages, lessons, blocks), consultations and webinars, containing information on a specific topic, control assignments/tests/examination projects, and aimed at the acquisition of knowledge, competences and skills in the Internet marketing. 2. Subject of the Public Agreement
2.1. The subject of this public agreement (hereinafter referred to as the Agreement) is the provision of consulting services (hereinafter referred to as the Services) to the Customer by the Contractor, which the Customer undertakes to accept under the procedure and on the terms provided for hereunder. 3. The Acceptance Procedure
3.1. The Acceptance of this Offer means the following actions taken by the Customer:
3.1.1. payment for the services provided by the Contractor on the terms and in the manner provided for by paragraph 4.2. of this Public Agreement;
3.1.2. reserving the selected Contractor's service, provided with the free access, by clicking the "Register" button on the page of the corresponding Service/Course. 4. Payment Procedure
4.1. The cost of each specific Service is set by the Contractor and is indicated on the Website. The Agreement is considered concluded from the moment the funds are credited onto the current account of the Contractor.
4.2. Payments under this Agreement are made in one of the ways offered to the Customer by clicking the "Pay" button, including:
- payment through an electronic payment system/Internet banking;
- by other methods upon prior agreement with the Contractor.
4.3. The date of the Service cost payment by the Customer is the receipt date of the corresponding amount of funds on the current account of the Contractor. 5. The Procedure for the Provision of Services
5.1. The Contractor provides the Customer with access to the Service posted on the Website by providing access to the restricted section of the website for the registered user, after confirming the registration or payment for the relevant Service, within the time period specified in the description of this Service.
5.2. The fact of providing the Service to the Customer, being an individual, is confirmed by a receipt for the Service payment sent by the Contractor to the Customer at the email address specified during registration.
5.3. The fact of providing the Services to the Customer, being a legal entity, is confirmed by the Acceptance and Transfer Certificate of the Services provided. The Customer shall sign the Acceptance and Transfer Certificate within 5 days from the moment it is sent by the Contractor. In case of non-receipt of the signed Acceptance and Transfer Certificate or a reasoned refusal to sign it within the specified period, the Services shall be considered accepted, and the Certificate shall be deemed to have been signed.
5.4. The Contractor reserves the right to terminate the provision of the relevant Service to the Customer without refunding the paid fee, in case of the Customer's violation of the rules established in the Usage Policy
of the MAMA Platform and the rules established in the Course program.
5.5. The Services provided by the Contractor under this Agreement are not educational services; the Customer confirms that he/she is aware of the information and consulting nature of the Services. The Customer is notified and understands that the Contractor is not a certified or accredited educational institution within the meaning of the current legislation of Ukraine (in particular, the Resolution of the Cabinet of Ministers of Ukraine No. 1187 dated 30.12.2015) and the Contractor does not issue a state-recognised diploma.
5.6. The Contractor undertakes to promptly consider the Customer's remarks about the errors or inaccuracies found within the Service, and eliminate them. The Customer agrees that such identification of errors or inaccuracies does not affect the quality of the Services provided and is not a basis for refunding the fee for the relevant Service or reducing its cost. 6. Rights and Obligations of the Parties
6.1. Obligations of the Contractor:
- to supply the Customer with the Services as provided for in this Agreement;
- to adhere to the principles of objectivity, completeness and accuracy of the information, the legality of its receipt, use, distribution and storage;
- if any third parties are involved in the supply of the services provided for hereunder, the Contractor remains responsible to the Customer for the quality and timeliness of the Services provision;
- not to disclose, distribute or use the personal information and/or personal data of the Customer that becomes known during the provision of services, for commercial purposes. The procedure for processing personal data is carried out under the Confidentiality Policy
- during the Course, to monitor and evaluate the performance of tasks;
- upon the results of successful completion of the Course, to issue own Certificate to the Customer, provided that the Customer fulfils the conditions specified on the Website.
6.2. Rights of the Contractor:
- to receive payments for the relevant Services provided on a paid basis;
- to involve third parties in the process of providing the Services;
- to terminate the Agreement unilaterally prior to the scheduled date in the manner and on the grounds provided for by the Agreement and the current legislation of Ukraine, including due to non-fulfilment or improper fulfilment of the Course tasks by the decision of the curator and/or teacher of the Course, or according to the conditions specified on the Website.
- to make changes to the Courses Programme for the provision of services, with the Customer to be notified hereabout within a reasonable time;
- not to issue a Certificate if the Customer fails to comply with the terms of the Agreement;
- to terminate the performance of the Agreement unilaterally prior to the scheduled date on the grounds provided for by this Agreement, its Appendices and the legislation of Ukraine regarding the Customer due to non-performance or improper performance of the Agreement's terms by the Customer (in particular, if the Customer interferes with the provision of services by his/her behaviour), without the right to restoration and without repayment of the funds paid by the Customer hereunder.
6.3. Obligations of the Customer:
- to timely pay for the Services in the manner and on the terms specified herein;
- by accepting the terms of services provision and acknowledging this Agreement, the Customer concurrently consents to the processing of personal data in accordance with the Law of Ukraine "On Personal Data Protection" in order to properly fulfil the obligations under Agreement. The due confirmation of the Customer's consent is the acceptance of this Offer Agreement implemented under the procedure of the Confidentiality Policy
- to exert maximum efforts to master the material when the Service/Course is provided;
- to follow all instructions of the Course teachers, the Contractor regarding the subject of the Agreement;
- to process the material provided for home study timely and conscientiously, as well as to do homework assignments;
- neither to transfer to third parties nor to use the methodological materials provided within the Services for commercial purposes;
- to observe and comply with the Policy of Use of the MAMA Platform
- to sign and return to the Contractor the Acceptance and Transfer Act of the services provided, in cases stipulated by the Agreement;
6.4. Rights of the Customer:
- to receive the Services in a timely manner and of proper quality;
- in the event of providing the Service of inadequate quality, he/she is entitled to exercise the rights provided for by the legislation of Ukraine on consumer protection, only in cases where the violation of his/her rights occurred through the fault of the Contractor and upon proof of the specified circumstance. All claims for the quality of the service provided must be sent by the Customer to the Contractor's address by e-mail at [email protected]
. The term for a claim consideration is 30 days (including claims containing a refund request) from the date the Contractor receives the claim, after which the Contractor shall make one of the following decisions: to disagree with the claim and to refuse to refund, or to agree with the claim and to satisfy the refund request. 7. Intellectual Property
7.1. The Contractor provides the User with a non-exclusive revocable licence to use the Courses, without the right to sublicense, valid in all countries of the world, on the terms provided for in the Agreement, the validity of which is limited by the duration of the relevant Course. The licence can be provided both on a paid or free basis, under the terms of the Agreement. The fee for use is set within the payment for the Service.
7.2. The Contractor or a third party, who is the right holder, reserves all exclusive intellectual property rights within the Service/Course that he/she owns on legal grounds, including the right to prevent and prohibit the illegal use of intellectual property within the Service/Course by third parties.
7.3. If there are reasonable suspicions of a violation of intellectual property rights by the Customer or third parties in relation to the Course, the Contractor shall have the right to terminate access to such Courses without prior and subsequent notification of the Customer and is not responsible for such changes. 8. Dispute Resolution
8.1. All disputes arising between the Parties under this Agreement shall be settled through mutual consultations and negotiations. If no agreement is reached, the dispute may be referred to the court under the current legislation of Ukraine 9. Force Majeure
9.1. The Parties are released from liability for partial or incomplete failure to fulfil their obligations under the Agreement in the event of circumstances beyond the control of the Parties and which could not be foreseen or prevented by the Parties, to be confirmed by a document issued by the Ukrainian Chamber of Commerce and Industry. These include military actions, regardless of the fact of a declaration of war, riots, natural disasters, an anti-terrorist operation, any acts of the legislative, executive and/or judicial authorities that make further provision of services fully or partially non-compliant with the law, and other acts recognised as such by the current legislation.
9.2. The Party shall notify the other Party of the occurrence and termination of force majeure circumstances with the provision of confirmation from the competent authority within 10 days from the date of occurrence or termination of such circumstances.
9.3. In the event of force majeure circumstances, the term for fulfilling obligations is postponed for the duration of such circumstances, but for not more than one month. In the event of force majeure, either of the parties may terminate the Agreement prior to the scheduled date unilaterally by notifying the other party in writing and is released from liability for unfulfilled obligations. 10. Liability of the Parties
10.1. For non-fulfilment or improper fulfilment of obligations under this Offer Agreement, the parties are liable under the legislation of Ukraine.
10.2. No claims on the effectiveness of applying knowledge and skills obtained as a result of completing the Courses by the Customer can be presented to the Contractor. Responsibility for the use of this knowledge and skills, as well as for any results, direct or side effects obtained as a result of the use of this knowledge and skills shall be born entirely by the Customer. 11. Duration of the Agreement
11.1. The Agreement comes into force from the moment the Customer accepts the offer under the Agreement and is valid until the obligations hereunder are fully fulfilled. In terms of receiving a non-exclusive licence by the Contractor when providing the Services/taking the Course, the Agreement is valid for the entire period of copyright protection in all countries of the world.
11.2. The Agreement may be terminated at the initiative of the Customer:
- at least 14 calendar days before the start of the Course with the right to the full refund;
- at least 1 calendar day before the start of the Course with a right to the 50% refund;
- on the day of the Course start without the refund. In this case of unilateral refusal, the paid amount of funds shall be the compensation to cover the costs incurred by the Contractor.
11.3 Refunds shall be made by the Contractor within 14 working days from the date of receiving the Customer's request at e-mail [email protected]
about termination of the Agreement, in the cases provided for in paragraph 11.2 hereof, as well as in other cases provided for by the Agreement, in relation to the refund.
11.4. In case of early termination of the Agreement on the initiative of the Contractor, the Contractor shall return the funds in proportion to the cost of the part of the Services/Course not provided. The provided part of the Service/Course is not subject to compensation. 12. Final Provisions
12.1. The rights and obligations under the Agreement cannot be transferred to a third party without the written consent of the Parties.
12.2. All aggregate and any separate information transferred by one Party to the other Party or information that becomes known to the Party due to the implementation of the Agreement, containing data on the subject matter, cost and other terms of the Agreement and the publicity that may harm any of the Parties shall be confidential.
12.3. Confidential information is not subject to transfer, publication, or disclosure to third parties in any other way, except by prior written consent of the Parties, as well as in cases stipulated by the current legislation of Ukraine.
MAJOR AFFILIATE MARKETING ACADEMY LLC
Zoolohichna, bld. 4a, off. 139, Kyiv, 04119
EDRPOU Code 43780438