PUBLIC OFFER AGREEMENT
This document constitutes a public offer made by Sole Proprietor Diachenko V.V. (hereinafter referred to as the “Provider”), in accordance with Articles 633 and 641 of the Civil Code of Ukraine, the Law of Ukraine “On Electronic Commerce,” and the Law of Ukraine “On Consumer Rights Protection,” to conclude, remotely and through the use of information and communication systems, a Service Agreement for the provision of digital content and/or a General Service Agreement, depending on the type of service selected by the Client on the website https://templotion.com/.
This public offer is identical for all Clients and is addressed to any individual or legal entity who wishes to use the service and has the technical ability to access it.
The Parties acknowledge and agree that, in relation to the digital services provided by the Provider, this Agreement constitutes a form of public contract for the provision of digital content, and in relation to general services, it constitutes a public contract for the provision of services.
Do not use the website https://templotion.com/ or order any services offered on it if the terms and conditions of this Public Offer Agreement are unclear to you and/or if you disagree with any part of this Agreement.
Sole Proprietor Diachenko V.V., hereinafter referred to as the "Provider", acting in accordance with the current legislation of Ukraine, offers this Agreement to any natural or legal person, hereinafter referred to as the "Client". Collectively referred to as the “Parties,” and each individually as a “Party,” they agree to the following terms:
1.1. Public Offer (Agreement) – the Provider’s offer addressed to any individual or legal entity, in accordance with Article 633 of the Civil Code of Ukraine, to enter into a service agreement remotely via information and communication systems for the provision of digital content and/or general services, depending on the service selected by the Client on the website https://templotion.com/.
1.2. Acceptance – the Client’s full and unconditional consent to enter into this Agreement under the terms set forth herein, including full or partial payment for the Provider’s services. Full or partial payment by the Client confirms their consent to begin the provision of digital content during the withdrawal period (14 days), thereby waiving the right of withdrawal upon such prior consent.
1.3. Client – an individual or legal entity that contacts the Provider to receive services and/or digital content, completes and submits any form on the website, or contacts the Provider via any of the contact details provided on https://templotion.com/, accepts this Agreement, and makes payment for the services.
1.4. Provider – Sole Proprietor Diachenko V.V.
1.5. Personal Data – any information or combination of information about an individual who is identified or can be specifically identified.
1.6. Data Subject – the natural person whose personal data is processed under applicable law.
1.7. Data Subject’s Consent – any voluntary expression of will by an individual providing permission for the processing of their personal data for a specified purpose. Acceptance of the Agreement includes such consent.
1.8. Services – services provided by the Provider and/or third parties engaged by the Provider to the Client.
1.9. Digital Services – services involving the delivery of digital content that is not supplied on a physical medium, which allow the Client to access, store, or process data in digital form, including paid access to specific digital content.
2.1. This Public Offer Agreement constitutes the Provider’s offer to enter into a contract for the provision of digital services involving the supply of digital content and/or general services. It is a public contract in accordance with Article 633 of the Civil Code of Ukraine and shall be deemed concluded between the Parties upon the Client’s Acceptance of the terms of this Agreement.
2.2. Under the procedure and conditions established by this Agreement, the Provider undertakes to deliver, and the Client undertakes to accept and pay for, the Provider’s services.
3.1. When placing an order, the Client is responsible for the accuracy, completeness, and truthfulness of the information provided to receive the service and acknowledges the legal consequences of submitting false or incomplete information. The Provider shall not be liable if the Client, who has requested digital services involving the supply of digital content and/or general services, has:
3.2. If the Provider is unable to process and fulfill the Client’s service order due to an incorrectly specified email address and/or phone number, the Provider reserves the right to cancel the relevant service order.
3.3. Upon receipt of full prepayment for the service, the Provider shall deliver the digital content and/or commence provision of the services selected and paid for by the Client.
4.1. The Client has the right to:
4.1.1. Receive services in the scope and under the conditions specified in this Agreement and on the website https://templotion.com.
4.1.2. Obtain necessary and accurate information about the Provider, their business activities, the scope, cost, timing, and procedure for the provision of services.
4.2. The Client undertakes to:
4.2.1. Accept the terms of this Agreement by making a prepayment for the services in the manner and amounts specified on the website https://templotion.com, via chatbot, or in the issued invoice.
4.2.2. Strictly comply with the terms of this Agreement.
4.2.3. Perform, within the timeframes agreed with the Provider, all actions required from the Client for the proper provision of services, including:
4.2.4. Provide the Provider with accurate personal data, documents necessary for Client identification and data processing, and complete, accurate, and truthful information and documents (if available) needed for fulfilling the subject of the Agreement.
4.2.5. Accept the digital content and/or other relevant services provided by the Provider.
4.3. The Provider has the right to:
4.3.1. Receive timely and full payment for services in the manner and amounts specified on the website https://templotion.com, via chatbot, or in the issued invoice.
4.3.2. Unilaterally refuse to perform or suspend the Agreement in the event of offensive (abusive, vulgar) behavior by the Client toward the Provider or its representatives.
4.3.3. Request from the Client any information or documents relevant to the provision of services under this Agreement, for the purpose of effective service delivery.
4.3.3. Refuse to provide services under the Agreement if the Client is found to be in breach of its terms.
4.3.4. Postpone an online consultation to another date and time, with at least 2 calendar days’ advance notice to the Client. If the Client refuses the rescheduled consultation, the Provider shall refund the full amount paid for the consultation within 10 business days.
4.4. The Provider undertakes to:
4.4.1. Ensure that the Client can receive the services within a reasonable period or within the period stated on the website, in accordance with the terms of the Agreement. Digital content shall be provided either immediately after payment or as soon as the Provider receives confirmation of payment from its bank.
4.4.2. Ensure the quality of services in accordance with the requirements agreed with the Client in the Agreement.
4.4.3. Use the Client's personal data in accordance with the legislation of Ukraine.
4.5.The list of rights and obligations in this section is not exhaustive. The Parties may have additional rights and obligations provided by this Agreement, the website https://templotion.com, and applicable Ukrainian law.
5.1. The cost of each service provided by the Provider under this Agreement is indicated next to the corresponding service on the website https://templotion.com.
5.2. The list of services and their prices published on the website may be changed by the Provider unilaterally.
5.3. Services are paid for in advance in the national currency of Ukraine – hryvnia, and for foreign customers – in a relevant foreign currency, by non-cash transfer to the Provider’s bank account, either directly or through integrated payment services.
5.4. Payment shall be deemed completed on the date the corresponding amount is credited to the Provider’s current bank account.
5.5. The basis for commencing the provision of digital content and services is the proper confirmation of payment for the selected service under the Agreement.
5.6. From the moment full prepayment for digital content is received, the delivery of such content (not on a tangible medium) begins. By making payment, the Client gives prior explicit consent to begin the delivery of digital content during the withdrawal period. If the Client requests the cessation of content delivery after payment has been made, they acknowledge and agree that no refund will be issued, and the services shall be considered fully and properly rendered. This is due to the immediate and complete delivery of the digital content, and the Provider’s inability to control the Client’s use of that content once delivered.
5.7. If the Client cancels the Agreement after making payment, and specifically refuses the services (by requesting the Provider not to deliver the agreed services):
a) Within 48 hours of payment, and only if the Client has not submitted any information necessary for service provision (including electronically), the Client shall be refunded 80% of the service fee within 10 business days from the date of submitting a refund request;
b) At any time after payment, if the Client has submitted any information for the provision of services (including electronically), no refund shall be provided, as a significant portion of the service has already been performed, the information analyzed, and the provision of services initiated.
5.8. If the Client cancels the Agreement, refuses the service, fails to appear at an online or offline meeting at the agreed date and time, or initiates a rescheduling less than 2 calendar days in advance, no refund shall be provided.
5.9. The Client understands and agrees that payment processing may be handled by one of several acquiring companies or intermediary services integrated into the website and selected by the Client during checkout. The Provider is not responsible for the functionality or operation of such third-party payment systems. However, in the event of technical failure to process a payment on the website, the Provider will offer alternative payment options.
6.1. The Parties shall be liable in accordance with the current legislation of Ukraine.
6.2. A Party shall not be held liable for failure to fulfill its obligations under this Agreement if such failure was not its fault. A Party shall be deemed not at fault if it proves that it took all reasonable steps within its control to properly fulfill the Agreement. The Provider shall not be liable for the accuracy or reliability of information provided during a consultation if the Client supplied incomplete, misleading, outdated, or distorted information.
6.3. The Parties shall not be liable to each other for any indirect damages (including loss of profit) arising from non-performance or improper performance of the Agreement.
6.4. The Parties acknowledge that this Agreement is concluded during a state of martial law imposed in connection with the armed aggression of the Russian Federation against Ukraine, beginning at 5:30 a.m. on February 24, 2022, pursuant to Presidential Decree No. 64/2022 “On the Imposition of Martial Law in Ukraine” (as amended). The Parties affirm that this Agreement does not violate public order and does not contradict the interests of the state or society, in accordance with Article 228 of the Civil Code of Ukraine.
The Parties agree and understand that entering into the Agreement during martial law means neither Party shall invoke martial law as force majeure in the event of non-performance or improper performance of its obligations. Martial law does not release either Party from liability for failure to fulfill their obligations under the Agreement.
6.5. In the event of other extraordinary circumstances beyond the Parties’ control (e.g., fire, natural disaster, flood, embargo, military conflict, government orders, etc.) that prevent full or partial performance of contractual obligations, the deadlines for performance shall be extended for the duration of such circumstances. A Party unable to perform its obligations due to such force majeure shall not be held liable, provided the event occurred after the conclusion of the Agreement, was unforeseeable, and unavoidable.
7.1. All disputes arising from the performance of this Agreement shall be resolved by the Parties through negotiations.
7.2. If the Parties fail to reach an agreement, the dispute shall be resolved in court in accordance with the applicable jurisdiction and legislation of Ukraine.
In matters not covered by this Agreement, the Parties shall be guided by the current laws of Ukraine.
8.1. This Agreement constitutes a public offer and becomes effective upon the Client’s Acceptance. It remains in force for 3 years, or in any case, until the Parties have fully fulfilled their obligations.
8.2. The Provider unilaterally determines the terms of the Agreement and has the right to modify them by publishing the updated terms on the website https://templotion.com. The Provider guarantees that the version published on the website is the current and valid version.
8.3. In the event of the Client’s breach of the Agreement, the Provider has the right to unilaterally terminate the Agreement early without refund. In such case, the services shall be deemed fully and properly rendered.
8.4. The Client has the right to unilaterally terminate the Agreement, provided they have no outstanding debt to the Provider, by notifying the Provider in writing no later than 14 (fourteen) calendar days prior to the termination date.
8.5. Termination of the Agreement does not release either Party from obligations incurred during the term of its validity.
9.1. All assets used by the Provider on the website and on social media, including but not limited to design elements, text, content, materials, chatbot, audio files, links, logo, graphic images, illustrations, videos, databases, music, sounds, and any other content, are intellectual property objects owned exclusively by the Provider (hereinafter – the “Asset”).
9.2. No Asset may be used without the prior permission of the Provider. "Use" includes but is not limited to: publishing, reproducing, copying, publicly using, displaying, modifying, distributing, translating, and otherwise utilizing the Asset.
9.3. Neither the website nor its content constitutes legal or professional advice. The Provider is not liable for how you use the website or its content.
9.4. The website may contain links to other websites or services that are not owned or controlled by the Provider. The Provider is not responsible for the content, privacy policies, or operation of those sites or services. Please review their terms and policies separately.
9.5. You agree that we may identify you as our client and may reasonably use your trademark and/or logo free of charge for such purpose.
9.6. All provisions of this Offer that by their nature are intended to survive termination shall remain in force.
10.1. By entering into this Agreement, the Client automatically confirms full and unconditional acceptance of its terms.
10.2. If any provision or clause of this Agreement or its annexes is deemed invalid, such invalidity shall not affect the validity of the remaining provisions and terms.
10.3. The Parties affirm that this Agreement has been concluded with a full understanding of its terms and terminology, and in accordance with all general requirements necessary for the validity of a legal transaction as defined in Article 203 of the Civil Code of Ukraine.
10.4. In accordance with Article 647 of the Civil Code of Ukraine, this Agreement shall be deemed concluded at the Provider’s registered location: Ukraine, Kharkiv.
10.5. Proper notification and delivery of information to the Client, as required under this Agreement, shall be deemed completed upon publication of the relevant information on the website https://templotion.com.
10.6. By accepting this Agreement, the Client affirms that:
a) They are familiar with and knowingly agree to all terms of the Agreement;
b) They are aware of the cost of the digital content and other services under this Agreement and agree to it;
c) They consent to the collection, processing, use, storage, and distribution of their personal data by the Provider for the purpose of fulfilling the subject of this Agreement, provided such processing does not contradict the legislation of Ukraine.
10.7. The following categories of personal data of individuals may be processed: identity documents issued in the individual’s name, documents signed by them, information provided by them, including full name, passport details, signature, place of residence or stay, banking details, electronic identifiers (email address, phone number), taxpayer identification number, and other data necessary for the provision of services. The Provider may obtain the Client’s personal data from public sources, directly from the Client in submitted written documents, or in copies of documents containing the Client’s personal data.
10.10. By browsing the website https://templotion.com, making payments for services, or filling out forms or questionnaires, the Client consents to the processing of their personal data, including the transfer of such data to third parties engaged by the Provider to deliver services. The Client also consents to receive newsletters and/or promotional offers from the Provider, including via SMS or mobile app notifications.
Sole Proprietor Diachenko V.V.
Registered address: Ukraine, Kharkiv, 23 Serpnia Street, Building 67
Email: lab@templotion.com