This Agreement, in which one party is the Private Higher Education Establishment-Institute “Ukrainian-American Concordia University”, a legal entity under Ukrainian law, registered in the Single State Register of Legal Persons, Individuals – Entrepreneurs and Public Formations and included in the Register of Educational Activities – Higher Educational Institutions of Ukraine in accordance with the current law (further – the Contractor), on the one hand, and any person who has accepted the offers of the Contractor (further – The Customer), on the other hand, hereinafter together – the Parties, entered into this public Agreement (further – The Agreement), which is the official public offer of the Contractor, addressed to an unlimited number of persons to enter into the Agreement with any Customer on the implementation of educational activities on the Bachelor`s and Master`s Degree, as well as the provision of other educational and related services (further – Services) provided by https://www.concordia.edu.ua
When ordering and paying for the services of the Contractor (https://www.concordia.edu.ua), the Customers accept the terms of this Agreement as follows:
1. GENERAL ISSUES
1.1. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer for concluding the Agreement in full, without signing a written copy of the Agreement by the Parties.
1.2. The contract has legal force in accordance with the Paragraphs 633, 641 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
1.3. The Customer confirms the fact of acquaintance and consent to all the terms of this Agreement in full by acceptance.
1.4. Any of the following actions is considered acceptance of this public offer agreement:
– the fact of registration of the Customer on the Contractor’s Website and registration of the Contractor’s Service Order on the website https://www.concordia.edu.ua;
– payment for the Contractor’s Services on the terms and in the manner specified in this Agreement and on the relevant pages of the website https://www.concordia.edu.ua;
– written (including in electronic form by e-mail) notification of the Customer on acceptance of the terms of this Agreement in the manner specified on the website https://www.concordia.edu.ua/ordering-an-invoice/
1.5. By concluding this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for Services and all annexes that are integral parts of the Agreement.
1.6. If the Customer does not agree with the terms of the Agreement, he/she has no right to act as specified in the Paragraph 1.4 of this Agreement, and is not entitled to use the Services under this Agreement.
2. TERMS AND DEFINITIONS
Public offer agreement – a public agreement, which is posted on the website https://www.concordia.edu.ua
Acceptance – full and unconditional consent given by the Customer to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties;
“Services” – service or several services in the field of education namely: Bachelor’s and Master’s Degree; other educational and related services which are specified in the relevant section of the Contractor’s website https://www.concordia.edu.ua;
“Customer” – any legal individual, entity, self-employed person (including a non-resident of Ukraine) who has visited the website https://www.concordia.edu.ua and accepted this Agreement;
“Contractor” – a legal entity, a subject of educational activity, providing services in higher education, as well as other educational and related services which are specified in the relevant section of the Contractor’s website https://www.concordia.edu.ua;
“Order” – properly framed electronically on the website (or sent by email) the application of the Customer for receiving or/and payment of the services under the appropriate form of the Contractor, the payment of which is made on the details specified in the Paragraph 13 of this Agreement.
3. SUBJECT OF THE AGREEMENT
3.1. The Contractor undertakes to provide the Customer with education services, which are specified in the relevant section of the Contractor’s website indicating the fee, on the terms and in the manner specified in this Agreement, and the Customer undertakes to accept and pay for the ordered Services on the terms and in the manner specified in this Agreement.
3.2. The Customer and the Contractor confirm that this Agreement is not a fictitious or putative deal effected under the influence of pressure or fraud.
3.3. The Contractor confirms that he has the right to carry out activities in the field of education, in accordance with the requirements of current legislation of Ukraine.
4. RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR
4.1. The Contractor is obliged to:
– organize and ensure the proper provision of the Services prior to the Agreement;
– fully and objectively inform the Customer about the Services and the terms of their provision at the official website https://www.concordia.edu.ua;
– provide the Customer with appropriate quality Services, including higher education standards and other requirements of Ukraine’s current education legislation;
– fulfill conscientiously and in full the terms of this Agreement on the provision of Services to the Customer.
4.2 The Contractor has the right to:
– unilaterally determine the value of any services provided and change the terms of this Agreement;
– change the Offer, as it mentioned at the Paragraph 9.3 of this Agreement;
– publish and spread information about the progress, manner and results of the Customer’s Services;
– other rights in accordance with this Agreement and the current legislation of Ukraine in the field of education.
5. RIGHTS AND RESPONSIBILITIES OF THE CUSTOMER
5.1. The Customer is obliged to:
– read the full details and terms of payment and provision of Services under this Agreement, which is available on the Contractor ‘s official website;
– accept from the Contractor the Services offered by the terms of the Agreement;
– receive and pay the order on the terms of this Agreement.
5.2. Customer has the right to:
– place an order for the Services listed on the relevant page of the Site https://www.concordia.edu.ua/ordering-an-invoice/;
– require the Contractor to provide the Services in accordance with the terms of this Agreement;
– other rights in accordance with the current legislation of Ukraine (higher education) and this Agreement.
6. ORDERING PROCEDURE
6.1. The Customer makes an order on the relevant page of the site https://www.concordia.edu.ua/ordering-an-invoice/ by filling out necessary fields of the form, presses the button “Send” and receives confirmation about successful completion.
6.2. The term of the Order processing by the Contractor depending on the type of the Service, is from 1 to 5 business days from the date of its registration on the official website of the Contractor https://www.concordia.edu.ua
7. AGREEMENT PRICE AND PAYMENT ISSUES
7.1. The price of each separate Service is determined by the Contractor and indicated on the relevant page of the Site https://www.concordia.edu.ua/tuition-fee/.
The Price of the Agreement (the value of the Order) is determined by adding the prices of all Services chosen by the Customer.
7.2. The Customer pays for the Contractor’s Services on the basis of an invoice according to this Agreement in the National Currency of Ukraine — UAH.
7.3. Payment for Services is made by:
– transfer of cash to the current account of the Contractor;
– transfer of non-cash to the Contractor`s bank account;
– payment by card of any bank on the official website of the Liqpay system (https://www.liqpay.ua).
7.4. The moment of payment for the Services is considered to be the time of crediting funds to the current account of the Contractor in the National Currency of Ukraine — UAH.
7.5. Payment for the Services is made by the Customer during 3 (three) banking days from the moment of concluding the Agreement by the Parties and issuing the relevant invoice by the Contractor.
The invoice prepared by the Contractor is valid for 3 (three) banking days.
7.6. The Customer pays the cost of third-party services independently and at its own expense, if it is necessary to receive the Contractor’s Services under this Agreement (for example, the bank’s commission, internet access and others).
8. PROCEDURE FOR RECEIVING SERVICES. PROCEDURE OF ACCEPTANCE-TRANSFER OF THE SERVICES PROVIDED
8.1 The rules for the provision and receipt of services are indicated on the corresponding page of the website https://www.concordia.edu.ua in the section Admissions. All issues arising in the process of paying for and receiving the Services, the Customer can find out from the Contractor using the contact information, Details of the Contractor specified in section 13 of this Agreement.
8.2. The fact of receipt of the Services by the Customer after the payment is confirmed by providing the Customer with the relevant document on the form and in the manner defined by the current legislation of Ukraine in the field of education.
8.3. In case of disagreement, the Customer may send his written objections or scan copy in .pdf format with the obligatory indication of the reason for the return of money.
After approval of the application with the Contractor, the money in a certain amount, within 5 (five) working days, is transferred to the card of an individual or the bank account of the legal entity, from which the tuition fee was received.
From the amount of funds to be returned to the Customer on his written application, the Contractor withholds 10 (ten) percent of the amount to cover his/her student data processing costs and consideration of the refund application.
9. DURATION AND CHANGE OF THE TERMS OF THE AGREEMENT
9.1. The Contractor begins to provide Services according to this Agreement on the date of the start of the Service.
9.2. The Agreement is valid for a period of at least the normative period of the Customer’s Service and comes into force from the moment of payment and is valid until the Customer receives the Services and the full calculation.
9.3. The Contractor independently, in accordance with the requirements of the current legislation of Ukraine, determines the terms of the Agreement and its annexes, which are its integral parts.
9.4. The Contractor has the right to amend and/or supplement the terms of this public Agreement and its annexes, including the rules for providing and receiving Services or withdraw the Offer at any time. If the Contractor makes the changes to the Agreement, such changes will come into force from the moment these changes are posted on the official website of the Contractor, if a different date for the changes is not set.
9.5. If the order for the provision of educational services is not paid in full by the Customer within 3 (three) banking days, the Agreement may be terminated unilaterally by the Contractor, without notifying the Customer.
10. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
10.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.
10.2. All disputes arising out of or in connection with this Agreement shall be settled by negotiation between the Parties.
10.3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction of such dispute in accordance with the legislation in force in Ukraine.
10.4. The Contractor shall not be liable for the content and veracity of the information provided by the Customer. The Customer is responsible for the veracity of the information specified at the order.
10.5. The Contractor shall not be liable for breaking the terms of the Agreement if the Customer provides inaccurate and/ or incomplete information about himself at the order, including contact information (e-mail, phone, etc.), and in case of failure to provide the Customer with new contact information (e-mail, phone).
10.6. The Contractor shall not be liable for any failure to provide or improper provision of Services to the Customer in the event of any circumstances that arose through no fault of the Contractor (namely – the occurrence of circumstances caused by the fault or negligence of the Customer and / or circumstances that arose due to the fault or negligence of any third party (any third parties) and / or the occurrence of force majeure).
11. Consent to personal data collection and processing
11.1. The Customer voluntarily consents to the processing of their personal data and confirms that he/she is properly informed of his/her rights under the Article 8 of the Law of Ukraine “Personal Data Protection”, and the Customer is informed of the purpose of personal data processing under the Privacy Policy published on the Contractor ‘s website https://www.concordia.edu.ua.
11.2. Any personal data is processed and transferred in accordance with the requirements of the current Ukrainian data protection legislation. The Contractor ensures that the transfer and personal data processing is implemented according to the requirements to this Agreement, within the limits of the Law of Ukraine “Personal Data Protection”.
12. FORCE MAJOR CIRCUMSTANCES
12.1. Force majeure in this Agreement means any circumstances that arose against the will or against the will or desire of the Parties and which cannot be foreseen or avoided, including: hostilities, civil disorders, epidemics, blockade, earthquakes, floods, fires, as well as decisions or instructions of the state authorities and administration of the state of which the Customer is a resident, or of the state of which the Contractor is a resident, as a result of which the Parties (or one of the Parties) are subject to additional obligations or restrictions and which make it impossible for the further full or partial fulfillment of the Agreement, as well as other actions or events that exist beyond the will of the Parties.
12.2. If force majeure lasts more than 3 (three) months in a row, each Party will have the right to refuse further performance of obligations under this Agreement and, in this case, neither Party will be entitled to compensation by the other Party for potential losses.
12.3. The Party that cannot fulfill obligations under the Agreement must timely, but no later than 5 (five) days after the occurrence of force majeure circumstances, inform the other Party.
12.4 Failure to report or untimely notification of the occurrence of force majeure circumstances deprives the Party of the right to refer to them.
13. FINAL ISSUES
13.1. This Agreement is an accession agreement in accordance with the Paragraphs 634, 642 of the Civil Code of Ukraine and its terms are the same for all Customers. The Customer enters into the Agreement voluntarily:
– fully acquainted with the terms of the Offer;
– fully understands the subject of the Offer and conditions of the Agreement;
– fully understands the meaning and consequences of their actions with respect to the conclusion and execution of the Agreement.
13.2. By accepting the Agreement, the Customer voluntarily consents to the collection and processing of its own personal data for the following purposes of providing educational services, as well as the provision of other educational and related services. The Contractor ensures that the transfer and personal data processing is implemented according to the requirements to this Agreement, within the limits of the Law of Ukraine “Personal Data Protection”.
13.3. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to conclude and execute this Agreement in accordance with its terms.
13.4. A unilateral change in the terms of the concluded Agreement by the Customer or refusal to comply with the terms of the concluded Agreement by the Customer is unacceptable, except for the cases provided for in this Agreement. Neither of the Parties of this Agreement shall have the right to transfer their rights and obligations to third parties without the consent of the other Party.
13.5. The Parties undertake to keep confidential information obtained as a result of this Agreement implementation, except in cases where it is authorized in writing by the other Party or required by public authorities in accordance with current legislation. The guilty Party shall be liable for the disclosure of confidential information in accordance with current legislation.
13.6. This Agreement is agreed by the Customer and is done at the location of the Contractor from the date of the acceptance.
13.7. The Contractor is registered in the List of non-profit institutions and organizations and is a VAT payer on general grounds.
14. CONTRACTOR’S DETAILS TO PAY FOR SERVICES
Private Higher Education Establishment-Institute
“Ukrainian-American Concordia University”
Identification code 24265677
Legal address: Ukraine, 01030, Kyiv, 9 Pyrogova street, 9
Actual address: Ukraine, 01054, Kyiv, Turhenievska street, 8-14
account # UA373052990000026005046709039
in JSC CB «PrivatBank»
