ON THE PROVISION OF EDUCATIONAL SERVICES

 

This agreement (hereinafter – the Offer) is an official public proposal of the LIMITED LIABILITY COMPANY “TRAINING AND SIMULATOR CENTER ‘FLAGMAN’”, EDRPOU code 43116969 (hereinafter – the Provider), represented by Director Anna Kuprashvili, acting on the basis of the Charter, of the one part, to an unlimited number of individuals and legal entities (hereinafter – the Customer) to conclude a contract (hereinafter – the Agreement) for the provision of educational services.

 

1. SUBJECT OF THE AGREEMENT

1.1 Under the terms of this Agreement, and at the Customer’s expense, the Provider undertakes to conduct training (initial training, retraining, professional development, or provide an additional educational service), hereinafter – the educational service, namely: Training in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (as amended by the Manila Amendments), the list and description of which are specified on the website https://flagman.education/.

 

2. FEE FOR THE EDUCATIONAL SERVICE AND PAYMENT PROCEDURE

2.1 The price is determined and applied according to the Course and Training Track selected by the Customer. At the Customer’s request, the Provider shall send the said information by e-mail.

2.2 The fee is set for the entire period of the educational service and for the issuance of the relevant documents.

2.3 The Customer pays non-cash to the Provider’s bank account.

2.4 Settlements for services are made by transferring funds to the Provider’s bank account or via online payment systems used by the Provider.

Payment for services is set in the national currency of Ukraine.

2.5 If the advertising materials of LLC “NTC ‘FLAGMAN’” indicate promotions and discounts for a Course or Training Track for a certain period, the Customer may benefit from them. The Customer may receive a discount for the Course and Training Track only for the duration of the specified promotion.

No discount is granted after payment for the Course(s).

2.6 The Customer may not demand a reduction in the cost of services or a refund if the services have not been used.

2.7 Services are considered paid at the moment funds are credited to the Provider’s bank account.

2.8 In the event of termination of the Customer’s training due to his/her fault, the tuition fee is non-refundable.

2.9 The document confirming payment for the specified services shall serve as the acceptance certificate. Upon the Customer’s written request, the Provider may issue an acceptance certificate after receiving the required documents to the Customer.

 

3. RIGHTS AND OBLIGATIONS OF THE PROVIDER

3.1 To provide the Customer with the educational service in accordance with state standards.

3.2 To inform the Customer about the rules and requirements regarding the organization of the educational service, its quality and content, and about the rights and obligations of the Parties during the provision and receipt of such services.

3.3 Upon completion of the training course, to issue to the Customer a document of the state-approved form (the document is issued if the service provides, under the law, for the issuance of such document).

3.4 The Provider has the right to suspend access to information materials and services or refuse the Customer’s participation in classes in the event of the Customer’s violation of this Agreement, as well as upon establishing any attempt to interfere with the operation of the website (or to obtain access bypassing the Provider’s instructions).

3.5 The Provider reserves the right at any time to supplement, move, modify, or delete information materials posted on the website, and to make changes to the training conditions and terms of service provision.

 

4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

4.1 The Customer is obliged to personally participate in classes, as well as in the relevant groups and chats created.

4.2 The Customer receives and uses educational and information materials provided within the training.

4.3 The Customer is obliged to accept the training conditions published on the website, comply with the curriculum, attend classes, and complete practical assignments for the selected track. The Customer’s failure to complete assignments and follow instructors’ recommendations may adversely affect the training outcome.

4.4 All rights to the website and information materials belong to the Provider. Intellectual property rights to the educational and information materials used in the Course, including but not limited to images, videos, logos, graphics, and sounds, belong to the Provider. The information materials obtained by the Customer as a result of the services under this Agreement, or any part thereof, are subject to the following restrictions: their use is limited by the Customer’s obligation not to reproduce, duplicate, or copy, not to sell, and not to use the materials for any other purposes, and not to grant access to the received materials to third parties.

4.5 The Customer must pay for the course before the start of training and provide the payment receipt to the Provider.

4.6 The Provider independently determines the program and procedure for conducting classes and their content. At the Customer’s request, the Provider shall send the said information by e-mail.

 

5. AGREEMENT ON ELECTRONIC DOCUMENT MANAGEMENT

5.1 The Parties recognize the legal force of documents prepared in electronic form (applications/requests, certificates of acceptance, notices, invoices, agreements, letters, etc.) sent by e-mail to the details specified in the Agreement, provided it is possible to reliably establish that the document originates from the Party to the Agreement.

5.2 The Parties agree to be guided by the following terms of electronic document management and electronic interaction:

– Applications/requests, notices, and invoices are prepared in writing in the form of an electronic document and are not executed on paper media.

– In accordance with the electronic document management agreement, the Parties use simple electronic signatures; for each Party, the signature is the unique e-mail address (login and password of the e-mail service account).

– The Parties proceed from the premise that an electronic message sent from a Party’s e-mail expresses the Party’s true will to enter into, amend, or terminate a transaction — according to the meaning of the relevant action defined by the Agreement.

– Verification of the authenticity and reliability of messages sent by the Parties is carried out by comparing the sender’s address with the address specified by the Customer or the Provider in this Agreement as a contact detail.

– Each Party must ensure the safekeeping of the data of its e-mail account and prevent access to it by third parties.

– If necessary, duly certified printouts of electronic messages by the Party that printed them shall constitute proper evidence of signing the relevant documents.

– As primary accounting documents serving as the basis for settlements, invoices and other documents prepared in electronic form shall be accepted.

5.3 The Customer consents to the processing of personal data.

 

6. CONFIDENTIALITY AND PERSONAL DATA PROTECTION

6.1 The information provided by the Customer is confidential and is used exclusively for the purposes of performing this Agreement.

6.2 By providing personal data during registration, the Customer grants the Provider voluntary consent to process, use, destroy, and transfer his/her personal data, including to third parties directly related to the provision of the Service, as well as to perform other actions provided for by the Law of Ukraine “On Personal Data Protection”.

6.3 The Provider undertakes not to disclose information received from the Customer. Disclosure by the Provider of information to third parties acting under an agreement with the Provider exclusively for the performance of obligations to the Customer, as well as in cases where disclosure is required by the applicable laws of Ukraine, shall not be deemed a breach.

6.4 The Customer is responsible for the accuracy and currency of his/her personal data. The Provider shall not be liable for non-performance of its obligations due to outdated or inaccurate Customer information.

 

7. LIABILITY OF THE PARTIES

7.1 In the event of a breach of obligations or provision of inaccurate information upon conclusion or during performance of the Agreement, the Parties shall bear liability established by applicable law.

7.2 The Provider shall not be liable for: – the impossibility of providing services for reasons beyond its control, including force majeure, disruptions in communication lines, malfunction of equipment and software belonging to the Provider; – breaches of security of the equipment and software used by the Customer to obtain the services; – loss of confidential information or part thereof where the Provider is not at fault; – any losses of third parties arising not through the Provider’s fault.

7.3 The Customer shall be liable for: – use by third parties of the account credentials used to access the Services; – use of materials posted on the website or provided in the course of the Services for subsequent resale, distribution, or transfer to third parties; – violation of the terms of use of the services; – breach of payment terms; – interference with the operation of the website and available services or attempts to access them bypassing the Provider’s instructions.

7.4 If the Customer transfers educational and information materials to third parties without the Provider’s written consent, as well as if facts are identified of the Customer’s use of the information materials obtained during training for commercial purposes (for the purpose of conducting analogous activities), the Customer shall bear the following liability: – the Customer may be excluded from participation in classes, and the Agreement may be terminated unilaterally by the Provider without refund of the participation fee (in such case, the difference between the cost of services actually received and the amount of the advance payment shall be retained by the Provider as compensation for damages caused by such breach); – the Customer shall reimburse the Provider for all direct and indirect losses caused by such breach; – the Customer shall be liable for infringement of the Provider’s copyright and property rights as established by the legislation of Ukraine.

 

8. TERM OF THE AGREEMENT

8.1 The Agreement enters into force from the moment of acceptance of the Offer and remains in force until full performance by the Parties of their obligations. The Agreement may be terminated early in cases expressly provided for by the Offer and applicable law.

 

9. DISPUTES AND THEIR RESOLUTION

9.1 All disputes arising in the performance of this Agreement shall be resolved by the Parties through negotiations. If disputes are not settled through negotiations, they shall be resolved in accordance with the applicable laws of Ukraine.

 

10. OTHER TERMS

10.1 The Offer becomes effective from the moment of its publication on the Provider’s website and remains in effect until revoked by the Provider.

10.2 The Provider reserves the right to make changes to the terms of the Offer and to revoke the Offer at any time at its discretion. If changes are made to the terms of the Offer, such changes take effect from the moment the Offer, as amended, is published on the website, unless another effective date is additionally determined.

10.3 If any provision of the Offer becomes invalid or conflicts with applicable law, such provision shall be replaced by a similar one that most closely reflects the Parties’ original intent contained in the Offer. The invalidity of specific provisions of the Offer does not entail the invalidity of the Offer as a whole.

10.4 The Provider has the right to transfer the Customer’s personal data, as well as the Customer’s confidential information, to its employees and to third parties engaged by the Provider to render services under the Agreement exclusively for the purpose of organizing the provision of services, while ensuring proper safekeeping of confidential information and personal data.

10.5 Upon the expiry of the Agreement, the Parties shall ensure proper safekeeping of confidential information and trade secrets that became known to them in the course of fulfilling contractual obligations, as well as other information, for the period provided by law.

 

11. PROVIDER’S DETAILS

LLC “NTC ‘FLAGMAN’”

Registered address: 65020, Odesa region, Odesa, Uzviz Polskyi, 6

EDRPOU code 43116969

Bank account (IBAN)

UA603052990000026002024900314 AT KB “PRIVATBANK”

Director: ________________ Anna Kuprashvili