Public agreement

This document is a public offer addressed to any individual (hereinafter – the Customer) to conclude a Public Service Agreement under the terms defined in this document.

1. Definitions and Interpretation

1.1. The terms and concepts used in this Agreement shall have the meanings set out below:

Public Agreement – an agreement between the Service Provider and the Customer for the provision of services to the latter under the terms set out in the public offer, which are the same for all Customers, from the moment the Customer accepts the public offer (hereinafter – the Agreement).

Public Offer – the Service Provider’s proposal addressed to any individual to enter into a service agreement with them under the terms contained in this document and in accordance with Article 641 of the Civil Code of Ukraine.

Acceptance – the Customer’s full and unconditional response to the Service Provider’s proposal to conclude a service agreement with the Service Provider by filling in and sending to the Service Provider the relevant registration form posted on the Website or by making payment in favour of the Service Provider.

Customer – any individual who has accepted the public offer.

Service Provider – the individual entrepreneur specified in this Agreement who undertakes to provide the Customer with the services stipulated by this Agreement.

Website – a set of data (texts, graphic and design elements, photos, videos and other results of intellectual activity, computer programs) that are interconnected, contained in an information system, provide the availability of this information to end users and are hosted at: https://boon.band.ua/

Tariff – the cost of a certain scope of services provided by the Service Provider to the Customer for a specific period of time.

Platform – a set of software tools used by the Service Provider to provide the services stipulated by this Agreement.

1.2. The headings in this Agreement are provided for convenience only and do not affect the interpretation of the provisions of the Agreement.

1.3. If terms and concepts not defined in this section of the Agreement are used in this Agreement, such terms or concepts shall be interpreted in accordance with the text of this Agreement. If there is no unambiguous interpretation of a term or concept, it shall be interpreted in accordance with the applicable legislation of Ukraine.

2. Acceptance of the Offer

2.1. The Agreement is deemed concluded without further signing from the moment the Service Provider receives the Acceptance. By making the Acceptance, the Customer also confirms that they fully understand and agree to the terms of this Agreement.

3. Subject of the Agreement

3.1. The Service Provider provides the Customer with a service consisting of granting access to the information and services hosted on the Website and/or the Platform in the manner stipulated by this Agreement, and the Customer accepts and pays for it.

3.2. The list and detailed description of the services are posted on the Website.

3.3. The scope of services may differ depending on the selected tariff.

3.4. The Service Provider has the right to limit the number of available places under certain tariffs.

4. Service Fees and Payment Procedure

4.1. Current prices (tariffs) for the Service Provider’s services are posted on the Website.

4.2. Settlements between the Parties are made in a cashless form by paying through the payment tools available on the Website.

4.3. Payment for the Service Provider’s services may be made as follows:

4.3.1. by paying the cost of the selected tariff on the terms of full prepayment;

4.3.2. by paying in instalments on the terms and in the manner provided by the Service Provider’s partner banks, which can be found via the link on the Website;

4.3.3. by paying a deposit in the amount indicated on the Website. In this case, the Customer undertakes to pay the full cost of the Service Provider’s services no later than before the start of the provision of services by the Service Provider.

4.4. The Service Provider has the right not to provide the service to the Customer if the Customer has not paid for the services in accordance with the selected tariff in the manner and within the time limits specified in this Agreement.

4.5. The Service Provider has the right to temporarily suspend the provision of services to the Customer if the Customer delays payment for the Service Provider’s services under the selected tariff and payment method, until the Customer’s debt is repaid.

5. Service Provision Procedure

5.1. The provision of services by the Service Provider includes granting access to the Service Provider’s materials and services hosted on the Platform, including lesson recordings, master classes, as well as access to a chat in the Telegram mobile app, etc., under the terms specified on the Website.

5.2. By agreeing to this Agreement, the Customer thereby consents to the Service Provider creating a user account for the Customer on the Platform, through which the services stipulated by this Agreement will be provided.

5.3. The Service Provider grants the Customer access to the materials and services hosted on the Platform no later than 14:00 (2:00 p.m.) on the day on which the provision of services by the Service Provider begins. From the moment the Service Provider grants the Customer access to the materials and services hosted on the Platform, the service is deemed to have been provided in full.

5.4. If the Customer has not received access to the materials and services hosted on the Platform, they must immediately notify the Service Provider of this by sending an email to: hello@boon.band

5.5. Access to the materials and services hosted on the Platform is terminated after the expiry of the period specified on the Website. This access period may differ depending on the selected tariff.

5.6. If the Customer does not use the Service Provider’s services at all during the paid period or does not use a certain service of the Service Provider within the selected tariff, including not watching a lesson recording or not joining the chat in the Telegram mobile app, the funds paid by the Customer are not refunded, including partially, and access is not extended for another period.

5.7. If a service is provided by the Service Provider at a specific time indicated on the Website and/or the Platform or communicated to the Customer by the Service Provider in another way, and the Customer does not use this service at the specified time, they are not entitled to demand the service to be provided again and/or to request a refund.

5.8. Changing the tariff after the start of the provision of services by the Service Provider is not allowed.

6. Rights and Obligations of the Parties

6.1. The Customer has the right to:

6.1.1. Receive the services stipulated by this Agreement.

6.1.2. Require the provision of quality services.

6.1.3. If the course program provides for the issuance of certificates, receive a certificate upon completion of the course.

6.2. The Customer shall:

6.2.1. Timely and fully pay for the Service Provider’s services.

6.2.2. Properly fulfil all the terms of this Agreement.

6.2.3. Use the technical capabilities of the Website and/or the Platform exclusively for lawful purposes.

6.2.4. Not take any actions (including using third-party software) aimed at disrupting the normal operation of the Website and/or the Platform.

6.2.5. Not use automated scripts (programs) to collect information on the Website and/or the Platform and/or to interact with the Website and/or the Platform.

6.2.6. Use all materials and services provided to the Customer exclusively for personal purposes and not share access with third parties.

6.2.7. On the Website and/or the Platform and/or in the chat in the Telegram mobile app it is prohibited to:

6.2.7.1. post information that may incite religious, interethnic or racial hatred;

6.2.7.2. harm the honour and dignity of other persons;

6.2.7.3. use obscene language;

6.2.7.4. post informational spam;

6.2.7.5. post materials and/or information that violate the intellectual property rights of others;

6.2.7.6. post advertising information.

6.2.8. Familiarize themselves with amendments and additions to these Rules.

6.3. The Service Provider has the right to:

6.3.1. Reschedule the provision of services by notifying the Customer of this no later than two days in advance.

6.3.2. Engage third parties to provide the services stipulated by this Agreement without prior consent of the Customer.

6.3.3. Unilaterally make changes and additions to this Agreement.

6.3.4. Make changes to the information posted on the Website and/or the Platform without prior notice to the Customer.

6.3.5. Carry out maintenance work to ensure operability and further improve the functionality of the Website.

6.3.6. Temporarily suspend Customers’ access to the Website in the event of technical problems in the operation of the Website in order to restore its operability.

6.3.7. Unilaterally terminate this Agreement if the Customer violates the terms of this Agreement.

6.4. The Service Provider shall:

6.4.1. Provide the service on time and in full.

6.4.2. Not disclose the Customer’s personal data to third parties that became known to the Service Provider in the course of providing the services.

6.4.3. Issue a certificate to the Customer subject to the Customer’s completion of the full course in accordance with the tariff (if the course program provides for the issuance of certificates).

7. Intellectual Property

7.1. All information, photos, graphic images, texts, videos and other results of intellectual activity (intellectual property objects) posted on the Website and/or made available to the Customer in the course of the provision of services by the Service Provider under this Agreement are protected by intellectual property law.

7.2. No intellectual property rights to the intellectual property objects posted on the Website and/or made available to the Customer in the course of the provision of services by the Service Provider under this Agreement are transferred to the Customer as a result of the use of the Website or the conclusion of this Agreement.

8. Refund Policy

8.1. The Customer has the right to refuse the service before the start of its provision without giving any reason. In this case, the funds paid by the Customer are refunded in full, except as provided in clause 8.6 of this Agreement.

8.2. The Customer has the right, within 7 (seven) calendar days from the start of the provision of the service (course start), to refuse the Service Provider’s services if such services did not meet their expectations. In this case, the funds paid by the Customer are refunded proportionally to the cost of the services not provided.

8.3. If the Customer refuses the Service Provider’s service after its provision has been completed, the funds paid by the Customer are not refunded.

8.4. To exercise their right to a refund in the cases provided for in this Agreement, the Customer sends an appropriate email to the Service Provider at: hello@boon.band.

8.5. In the cases provided for in clauses 8.1–8.2 of this Agreement, the funds paid for the service are refunded within 30 calendar days from the date of notification.

8.6. If the Customer has paid a deposit to the Service Provider and refuses to receive the services provided by the Service Provider under this Agreement or refuses to pay the Service Provider’s services in full, the deposit is non-refundable.

9. Liability

9.1. For non-performance or improper performance of the terms of this Agreement, the Parties shall be liable in accordance with the applicable legislation of Ukraine.

9.2. The Service Provider is not liable for any mismatch between the provided service and the Customer’s expectations.

9.3. The Customer assumes responsibility for the use or non-use of the information received in the course of the provision of services.

9.4. The Service Provider is not liable for the achievement of any results related to the practical application of the information received in the course of the provision of the service stipulated by this Agreement.

9.5. The Service Provider has the right to stop providing the services stipulated by this Agreement to the Customer in case of violation by the Customer of the Service Provider’s intellectual property rights without refunding the amount paid by the Customer. This does not deprive the Service Provider of the right to claim compensation for damage caused by the violation of its intellectual property rights.

9.6. The Customer has been informed that in the event of violation of the Service Provider’s intellectual property rights, the Customer shall be liable as provided for by the applicable legislation of Ukraine, namely administrative, criminal and civil liability.

9.7. If the Customer fails to pay for the Service Provider’s services in the manner and within the time limits stipulated in clause 4.3.3 of this Agreement, the deposit paid by the Customer is non-refundable.

10. Force Majeure

10.1. The Parties are not liable for non-performance or improper performance of their obligations under this Agreement if such non-performance or improper performance was caused by force majeure circumstances (force majeure).

10.2. For the purposes of this Agreement, force majeure circumstances mean extraordinary and unavoidable circumstances that make it impossible to fulfil the obligations stipulated by this Agreement, the list of which is contained in part 2 of Article 14-1 of the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine”, as well as technical circumstances that lead to technical failures and disrupt the normal operation of the Website and/or the Platform.

10.3. The Party affected by force majeure circumstances must notify the other Party of their occurrence no later than 2 (two) business days from the moment such circumstances arise.

10.4. After the end of the force majeure circumstances, the Party affected by them must notify the other Party of their termination within 2 (two) business days and indicate within what period this Party intends to fulfil its obligations.

10.5. Proper and sufficient confirmation of the force majeure affecting either Party shall be a certificate of force majeure (circumstances of insurmountable force) issued by the Chamber of Commerce and Industry of Ukraine.

11. Dispute Resolution and Applicable Law

11.1. All misunderstandings and disputes that may arise between the Parties in the course of the conclusion, interpretation or performance of this Agreement shall be resolved by the Parties through negotiations.

11.2. The Customer has the right to send a claim to the Service Provider by email to: hello@boon.band. The claim review period is 30 days.

11.3. If the Parties fail to resolve any misunderstandings and disputes through negotiations, they shall be resolved in court in accordance with the procedure established by the applicable legislation of Ukraine, with the application of substantive and procedural norms of the legislation of Ukraine.

11.4. This Agreement, including its interpretation, is governed by the applicable legislation of Ukraine without applying conflict-of-law rules.

12. Other Provisions

12.1. If any provision of this Agreement is found invalid by any competent state authority of Ukraine, this shall not affect the validity or enforceability of any other provisions of this Agreement, which remain fully valid unless otherwise provided by the legislation of Ukraine.

12.2. The Service Provider has the right to unilaterally amend this Agreement without notifying the Customer.

12.3. Amendments to the Agreement take effect from the moment they are posted on the Website.

12.4. If the Customer pays for the Service Provider’s services or performs other actions after amendments to this Agreement have been made, the Customer thereby agrees to such amendments and consents to the performance of the Agreement under the new version.

12.5. By accepting this Agreement, the Customer also agrees to the Privacy Policy.

12.6. The Customer consents to receiving informational materials, including marketing materials containing information about the Service Provider’s activities.

Service Provider Details

Individual Entrepreneur

Pavlov Illia Pavlovych

Tax ID 3201919011

69057, Zaporizhzhia, 16 Kamyanohirska St., apt. 57

The specific Service Provider’s details will be indicated in the receipt, invoice (payment slip) of the payment system or in the issued invoice, depending on the payment method.