Terms of Use
Effective as of January 18, 2024
1.1. This document is an open proposal (hereinafter referred to as the “Offer”) by the company "PROANALYTICS" (hereinafter referred to as the "Executor" or "Company"), addressed to an indefinite circle of persons, to enter into a Service Provision Agreement (hereinafter referred to as the "Agreement") under the terms set forth in this Offer.
The Agreement is concluded between you (the user of the website proanalytics.academy, who is the customer of services offered on the website and all its subdomains) and the company "PROANALYTICS".
The company "PROANALYTICS" is defined as Sole Proprietor Maksym Mykhailovych Hapchuk (ID 3407308434) and/or Sole Proprietor Tetiana Yuriivna Karpenko (ID 3497810449), depending on the payment method and purchased Tariff. The details of the specific service provider will be indicated in the electronic receipt, payment system bill, or invoice issued to the Customer.
1.2. According to articles 633, 638, 641 of the Civil Code of Ukraine, this Agreement is a public contract and, upon acceptance of the terms set out in the Offer (acceptance), a physical or legal person becomes the Customer under the Agreement and is obliged to comply with the terms of this Agreement and its annexes, which are an integral part of it. The acceptance of the Offer by the Customer, performed according to paragraph 5 of the Offer, creates a Contract under the terms of the Offer.
1.3. A person who, according to the laws of Ukraine, is subject to restrictions on entering into the Agreement (including, but not limited to, persons subject to relevant sanctions according to the Law of Ukraine "On Sanctions" and/or other restrictions on conducting business activities, including restrictions related to their location in the temporarily occupied territories of Ukraine) cannot be a Customer.
1.4. The Offer comes into effect from the moment it is posted on the Internet at the link: proanalytics.academy, including all its subdomains, and remains effective until the Executor has completed the provision of the Service or until the Offer is revoked by the Executor.
1.5. The Executor reserves the right to amend the terms of the Offer (including the price and description of tariffs) and/or withdraw the Offer at any time at its discretion. In the event that the Executor makes changes to the Offer, such changes become effective from the moment the modified text of the Offer is posted on the Internet at the address specified in paragraph 1.4 of this Agreement unless a different term for the changes to take effect is provided at such posting.
2.1. WEB-site – a set of web pages accessible via a web browser and software modules united by a single management system, located on the Internet at the address proanalytics.academy and all its subdomains.
2.2. Internet – a global computer network that connects computer networks and information resources owned by various legal and physical entities, facilitating the transmission and reception of information between different computers and computer networks.
2.3. Tariff – an information-consultation block within the theme chosen by the Company, which represents the monetary expression of the price of the Executor's services, the volume of Services, and the duration of their provision, available on the website proanalytics.academy, including all its subdomain internet addresses.
2.4. Electronic correspondence between the Parties – the sending by any Party to the other Party in cases provided by the Agreement of electronic messages and/or documents (files) in electronic form, which occurs through the defined email addresses of the Parties. The Executor's email – any email address that includes the domain name @analytics-tips.com and/or addresses specified in Section 11 of this Agreement. The Customer's email – the email address left by the Customer as their contact details on the Company's website.
3.1. Under the terms and conditions set forth in this Agreement, the Executor provides the Customer with consulting services on commercial activities and management, specifically regarding marketing objectives and policies related to setting up web analytics systems on websites through consulting, as defined below in subparagraph 3.1.1 of this Agreement (hereinafter collectively referred to as “Services”), and the Customer undertakes to accept and pay the Executor for the provided Services. The Services under this Agreement include:
3.1.1. The provision of consulting services by the Executor on commercial activities and management, specifically regarding marketing objectives and policies related to setting up web analytics systems on websites, is carried out by granting access to the relevant internet platform, which allows users to consume information within the framework of the provided Services and to respond to the Customer's questions during video conferences within the corresponding Tariff. The price for the Service access is determined according to the Tariff.
The provision of services is exclusively on the themes chosen by the Company, using practical examples defined by the Company for the implementation of the Service in real performance. Discussions and responses to questions occurring in video conferences between the Customer and the Company are exclusively within the practical examples defined by the Company. Discussion of other issues not included in the themes or practical examples chosen by the Company is conducted within individual consultations by the Company on a paid basis outside the Tariffs provided by this Agreement.
3.2. The place of provision of the Services defined in paragraph 3.1 of this Agreement is the territory of Ukraine.
3.3. The reporting period for the provision of Services under this Agreement is the period of time defined in the relevant Tariff. The first day of the reporting period is calculated from the day the Services begin under the relevant Tariff, provided that the Executor has received payment from the Customer.
4.1. The price of the Executor's Services under this Agreement is determined considering the Tariff chosen by the Customer, according to subparagraph 3.1.1 of paragraph 3.1 of this Agreement.
4.2. The provision of Services, according to the terms of this Agreement, is carried out on the terms of 100% (one hundred percent) prepayment.
4.3. The Service is provided by the Executor to the Customer during the period defined by the relevant Tariff.
5.1. The Customer conducts the acceptance of the Offer and concludes this Agreement by making a prepayment for the Executor's Services, according to paragraph 4.2 of the Agreement.
5.2. Payment for the Services is made by the Customer in non-cash form, by transferring funds to the Company's bank account specified in section 11 of this Agreement. The day of payment is the day the funds are credited to the Company's account.
6.1. The Agreement comes into effect from the date of the Customer's acceptance of the Offer and remains in effect:
а) until the moment defined in paragraph 1.4 of the Agreement, but in any case until the full performance of the obligations by the Parties under the Agreement, or
b) until the moment of early termination of the Agreement.
7.1. The Agreement may be terminated early:
7.1.1. By mutual consent of the Parties at any time;
7.1.2. At the initiative of either Party in the event of a breach of the Agreement terms by the other Party, with written notification to the other Party. In such a case, the Agreement is considered terminated from the moment the Party that breached the Agreement terms receives the relevant written notification from the other Party;
7.1.3. At the initiative of either Party provided that written notification is sent to the other Party 10 (ten) calendar days prior to the date of such termination of the Agreement
7.1.4. In other cases provided by this Offer (Agreement).
7.2. In the event of early termination of the Agreement at the initiative of the Executor or the Customer, except in cases of breach of obligations by the Customer according to this Agreement, the Executor returns to the Customer the balance of the price for the paid but unprovided Services.
8.1. The Executor guarantees that it possesses all the rights and powers necessary to enter into and perform this Agreement.
8.2. The Executor guarantees a refund within 14 (fourteen) days from the date of payment (excluding the date of payment). A refund is possible provided that the Customer, within 14 (fourteen) days from the date of gaining access to the relevant Tariff, has viewed no more than 2 (two) of the first lectures of such Tariff.
8.3. By agreeing to and accepting the terms of this Offer through its Acceptance, the Customer assures the Executor and guarantees to the Executor that:
8.3.1. The Customer has provided accurate data as contact details on the Customer's WEB-site and when completing payment documents for the Services;
8.3.2. The Customer enters into this Agreement voluntarily, while the Customer:
a) has fully familiarized themselves with the terms of the Offer,
b) fully understands the subject of the Agreement (Offer);
c) fully understands the terms and concepts used in this Agreement and agrees with its terms.
8.3.3. The Customer will not engage in any activity that disrupts the functioning of the site, Services, or any activity that could tarnish the business reputation of the company "PROANALYTICS".
8.3.4. The Customer possesses all the rights and powers necessary to enter into and perform the Agreement.
9.1. For breaching the terms of this Agreement, the Parties bear responsibility established by the Agreement and/or current legislation of Ukraine
9.2. The Customer is fully responsible for:
а) compliance with all legal requirements, including advertising law, intellectual property rights law, and laws on the protection of economic competition (but not limited to the aforementioned);
b) the accuracy of the information specified by the Customer on the Customer's website and the accuracy of the guarantees and assurances of the Customer contained in section 8 of the Offer.
9.3. The Executor's liability under this Agreement to the Customer in the event of the latter's claims for compensation for damages due to the non-provision or provision of poor quality Services by the Executor is limited to the amount of the Customer's documented losses within the paid price of the Services
9.4. Not using the Service fully or partially during its provision, as well as non-attendance at video conferences, is not a basis for compensation for the cost of unreceived Services.
10.1. The Parties understand and acknowledge that a mismatch between the result of the Service provided and the result that the Customer expected and wished to receive when applying for the Service is not a fact of the Service being of poor quality.
10.2. All disputes and conflicts arising in connection with this Agreement are settled through negotiations between the Parties. If an agreement is not reached between the Parties through negotiations, the dispute is submitted for resolution in court.
10.3. All materials posted on the website proanalytics.academy and all its subdomains, as well as materials provided to the Customer during the provision of Services (content), are subject to copyright, the exclusive rights to use which belong to the Company, regardless of the fact of registration and the territory of their effectiveness.
10.4. Copying, processing, modifying, full or partial use, public reproduction, and distribution of materials obtained during the consumption of Services, as well as the use of content for commercial purposes without the written permission of the rights holder, are strictly prohibited.
10.5. By using the Company's Services, the Customer obtains the right to use the mentioned content for personal non-commercial purposes. The cost of commercial use of copyright materials is assessed at an amount equivalent to 10,000.00 (ten thousand) dollars for each case of use.
Sole Proprietor: Maksym Mykhailovych Hapchuk
Tax Identification Number (TIN): 3407308434
IBAN UA473802690000026003056236260
Bank: JSC CB "PrivatBank", Kyiv, Ukraine, SWIFT Code: 305299
E-mail: m@analytics-tips.com
Registration and Correspondence Address: Ukraine, 13361, Zhytomyr Region, Berdychiv District, Village of Velyka Pyatihirka, Markushivska Street, Building 10.
Sole Proprietor: Tetiana Yuriivna Karpenko
Tax Identification Number (TIN): 3497810449
IBAN UA223220010000026006310035548
Bank: JSC "Universal Bank", SWIFT Code: 322001
E-mail: t@analytics-tips.com
Registration and Correspondence Address: Ukraine, 08301, Kyiv Region, Boryspil, Hlybotska Street, Building 83, Apartment 69.