RU
UA
EN
EN
Online education from fashion industry leaders
The document the provisions of which are set out below is a public offer and a public contract. In accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms and conditions shall be equal for all Customers, and unconditional acceptance of its terms and conditions shall be deemed acceptance of the present offer by the Customer. In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, submission of an application/authorisation on the website https://modeis.me shall constitute acceptance of the present Offer, which is equivalent to the conclusion of a Public Agreement for the provision of information and consulting services (hereinafter referred to as the "Agreement") under the terms and conditions stipulated below.

This Public Agreement is designed for all individuals and legal entities who wish to use the Contractor's services and are technically capable of receiving such services.

Public Offer Agrement on the provision of information and consulting

MODALISM Limited Liability Company, in the person of the Director Kostyantyn Kostyantynovich Riabov, acting on the basis of the Charter, USREOU code: 45125802, hereinafter referred to as the "Contractor" on the one hand, offers individuals or legal entities on whose behalf an authorised representative acts (hereinafter referred to as the "Customer") to provide the services stipulated by this Agreement.
1. Basic terms and definitions

Acceptance means the Customer's full, unconditional and unreserved consent to the conclusion of the present Agreement in full, without signing a written copy of the Agreement by the Parties.

Course means an event or a series of events during which the Contractor provides the Customer with information and consulting services according to the Contractor's techniques on the website https://modeis.me.

Materials means lectures, reports, and presentations of information and consulting nature, information of which is available on the Contractor's website at: https://modeis.me in private access.

Personal Account means a section of the website https://modeis.me available to the Customer who shall be authorised through their personal access identifiers to their personal account (personal link and password), where the Course information Materials are placed.

Offer means the Contractor's offer posted on the Internet at: https://modeis.me and addressed to an unlimited number of individuals or legal entities for the accession to the Public Agreement for the Provision of Information and Consulting Services.

Personal Data means information or a set of information about an individual or a legal entity who is identified or can be specifically identified;

Services means a service or several information and consulting services provided by the Contractor while conducting the Course and specified by the Contractor on their Website at: https://modeis.me.

Public Agreement means a contract under which one party, an entrepreneur, undertakes to sell goods, perform work or provide services to anyone who contacts that party.

Tariffs (price of services) means a payment the amount of which is set by the Contractor for the provision of a certain amount of services for the Customer with access to the Course Materials.
2. General provisions

2.1. On the basis and under the terms and conditions set forth herein, the Contractor shall provide the Customer with the Services and the Customer shall accept the Services with access to the Course Materials posted on the website at: https://modeis.me (hereinafter referred to as the "Website") only after the payment made by the Customer to the current account of the Contractor and authorisation on the Website.

2.2. The Services shall be provided on a paid basis by providing access to the Course Materials posted in the Customer's personal account on the Contractor's website.

2.3. The term of validity of the terms and conditions of the present Agreement shall be unlimited. Either party may terminate the present Agreement in accordance with the procedure provided for herein.

2.4. All amendments to this Agreement shall be published on the Contractor's Website.

2.5. All terms and conditions of this Agreement shall be binding on both the Customer and the Contractor. Before using the service, the Customer must read the terms and conditions of this Agreement. If the Customer shall not agree to the terms and conditions of the Agreement, they shall not be entitled to use the Contractor's services.

2.6. Access to information and other Materials published in the Customer's Personal Account under this Agreement shall be granted for 1 (one) calendar year. Upon prior individual agreement with the Contractor and for an additional fee, the Contractor shall have the right, at their sole discretion, to extend access to the Information and Other Materials published in the Customer's personal account, but not exceeding 6 (six) months.

2.7. If the Customer disagrees with the amendments made by the Contractor to this Agreement or with the new tariffs for services, the Customer shall be obliged to stop using the Services.

2.8. Any of the following actions shall be considered acceptance of this Agreement:
  • the fact of authorization of the Customer on the Contractor's Website and/or placing an order for Services on the Contractor's Website https://modeis.me;
  • payment for the Contractor's Services under the terms and conditions and in the manner specified in the present Agreement in the relevant pages of the Contractor's website https://modeis.me;
  • written (including in electronic form by means of e-mail) notification of the Customer regarding acceptance of the terms and conditions of this Agreement to the e-mail address. The provisions of this subclause shall be deemed valid only in case of technical problems on the Contractor's website and the inability to make payment and/or place an order for the Contractor's Services.
3. Scope of the agreement

3.1. In accordance with the terms and conditions of this Agreement, the Contractor shall be obliged to provide information and consulting services during the validity period by providing access to the Course Materials available on the Internet at https://modeis.me for the Customer, and the Customer shall accept the specified services and pay for them in accordance with the terms and conditions of this Agreement.

3.2. The list of Services provided by the Contractor, as well as other necessary information, shall be available on the contractor's Website on the Internet at: https://modeis.me.

3.3. The Agreement and the Annexes thereto shall be official documents published on the Contractor's website https://modeis.me.
4. Procedure for concluding the agreement

4.1. The Agreement shall be deemed concluded without its further signing from the moment the Customer submits an application on the Contractor's website: https://modeis.me and/or makes a payment to the current account of the Contractor, indicating the consent to comply with the terms and conditions of the Agreement, without signing a written copy by the Parties.

4.2. The actions specified in clause 4.1 of this Agreement and performed by the Customer shall be a confirmation of full and unconditional acceptance of the public offer by the latter.

4.3. The Agreement concluded by the Customer through acceptance of a public offer shall have legal force in accordance with article 642 of the Civil Code of Ukraine and be equivalent to a written contract.
5. Rights and obligations of the parties

5.1. The Contractor shall be obliged to:
5.1.1. Provide the Customer with high-quality services defined by this Agreement in a timely, full and high-level manner
5.1.2. In the event of impossibility to fulfil their obligations under the terms and conditions of this Agreement, notify the Customer in due time and take appropriate actions to remove the obstacles to fulfilment of the obligations under this Agreement.
5.1.3. Publish on the Website information about changes in the following: place, time, duration, structure of the Services, other conditions of their provision, including changes in bank details.
5.1.4. Provide the Customer with methodological and other information materials if such materials are provided and are an integral part of the services provided.
5.1.5. Provide tasks for the Customer's independent work and check such tasks in accordance with the schedule.
5.1.6. Make an effort to present original, informative and unique material.
5.1.7. Inform the Customer about the services and terms and conditions of their provision on the Website https://modeis.me.
5.1.8. At the request of the Customer, reschedule the provision of information and consulting services by providing access to the Course Materials located on the Internet at: https://modeis.me at another time, taking into account the wishes of the Customer, but not more than once.

5.2. The Contractor shall have the right to:
5.2.1. Involve third parties in the performance of their obligations under the Agreement, while remaining responsible to the Customer for the results of their work as for their own.
5.2.2. Receive payment for their services from the Customer in accordance with the terms of the Agreement.
5.2.3. Not to provide the Services or to suspend their provision to the Customer in case of violation of the requirements stipulated by this Agreement (including the terms of payment for the Services), as well as in other cases established by the laws of Ukraine.
5.2.4. Refuse to provide services to the Customer without explaining the reasons, and return the paid funds to the Customer.
5.2.5. Amend and supplement this Agreement and the Annexes thereto without prior approval and without renegotiation of this Agreement with the Customer, and ensure that the amendments and supplements are posted on the Contractor's website.
5.2.6. Inform the Customer about promotions and other news by sending emails to the Customer's address specified during registration/authorization on the Contractor's website.
5.2.7. Other rights in accordance with the current legislation of Ukraine and the terms of this Agreement.

5.3. The Customer shall be obliged to:
5.3.1. Make timely and full payments to the Contractor for the Services in accordance with the terms of the Agreement.
5.3.2. Use the services in accordance with the rules published on the Contractor's website and the terms and conditions of this Agreement.
5.3.3. Monitor changes and/or updates to information published on the Contractor's website.
5.3.4. Comply with the regulations, procedures and requirements when receiving services established by the Contractor.
5.3.5. Not to disclose information about other Customers obtained during the Period for the Provision of the Services and any other confidential information to third parties.
5.3.6. At the end of the Course, write and properly format a Term Paper provided for in the Course programme.
5.3.7. Refrain from behavior degrading honor, dignity, and business reputation of the Contraactor, invited persons, and speakers. The dissemination of information degrading the Contractor's honour, dignity, business reputation shall be understood as publication of such information in the newspapers, broadcasting on radio, television, using other media, including social networks, presentation in profiles, statements, letters addressed to third parties, communication in public speeches, as well as in any other form to an indefinite number of persons or at least one person. Dissemination of information also includes hanging (displaying) posters, slogans and other works in public places, as well as distributing among people leaflets discrediting the honour, dignity or business reputation of a citizen or organisation by their content or form.
5.3.8. Provide all the information necessary for the Contractor to fulfil their obligations hereunder, including access to personal data.

5.4. The Customer shall be entitled to:
5.4.1. Require the Contractor to provide high-quality Services in a timely manner and in accordance with the terms and conditions of this Agreement.
5.4.2. Get the necessary and reliable information about the Contractor's Services and the procedure for their provision.
5.4.3. Place an order for the Services specified in the relevant section of the website https://modeis.me.
5.4.4. Obtain a certificate of successful completion of the Course, but only if the Term Paper is written in a timely manner, in accordance with the terms of this Agreement and the homework is properly completed.
5.4.5. Send a request to the Contractor to postpone the provision of the Services under this Agreement, but not more than once. If the Customer makes such a request to the Contractor more than once, the Contractor shall be entitled to refuse to reschedule the Services, and such Services may not be resupplied, refunded in cash or resold to third parties.
5.4.6. Other rights in accordance with the current legislation of Ukraine and the terms of this Agreement.
6. Cost of services, procedure and terms of payment

6.1. The Customer shall pay for the Service at the rates set by the Contractor and available in the relevant payment section on the Contractor's website at: https://modeis.me. The Contractor shall reserve the right to change the established tariffs in the event of changes in market conditions or other material circumstances. The Customer shall, at their sole discretion, choose a tariff from the existing ones, according to which they will pay for the Services.

6.2. Payment of the Total Cost of the Contractor's Services under the Agreement in any currency shall be made by bank transfer to the current account of the Contractor in the manner chosen by the Contractor at their sole discretion, including, but not exclusively:
6.2.1. Upon the invoice issued by the Contractor.
6.2.2. Using the "FONDY" payment service (https://fondy.io/en/).
6.2.3. To the Contractor's bank details specified in Section 13 of this Agreement.
6.2.4. Using any other payment systems registered in Ukraine (Portmone, LiqPay, etc.).

6.3. Payment for the Services shall be made by the Customer after entering into the Agreement by the Parties and providing voluntary consent to the processing and use of the Customer's personal data, and at the time of providing information by the Customer for the payment transaction in the manner determined by the Contractor in accordance with clause 6.2. In case of non-payment, the Contractor shall terminate the provision of services (shall not render services), as a result of which this Agreement shall be deemed invalid.

6.4. The date of proper fulfilment of the Customer's obligations in terms of payment for the Services (payment date) shall be the date of crediting funds to the Contractor's current account.

6.5. If the Customer does not use (or cannot use) the paid Services provided by the Contractor, such Services shall not be re-provided, reimbursed in monetary terms nor resold to third parties. The refund of payment for the Contractor's Services shall be allowed only in the cases and in the manner prescribed by subclause 8.7.2 of clause 8.7 of this Agreement.
7. Procedure and terms of service provision

7.1. The provision of the Services shall commence upon submission of an application for participation in the Course on the website https://modeis.me and/or payment by the Customer for the Contractor's Services by accepting the terms and conditions of this Agreement without its written signature by the Parties. This Agreement shall have legal force in accordance with Art. 633 of the Civil Code of Ukraine and be equivalent to an Agreement signed by the Parties. Accordingly, the Customer who has logged in to the website and/or paid for the Services shall be considered to be familiar with this Agreement and to agree to all its terms and conditions.

7.2. The fact of commencement of the Services by the Contractor shall be determined by posting any information Materials on the website https://modeis.me and providing the Customer with access to such Materials.

7.3. All questions arising in the course of payment and acceptance of the Services may be addressed by the Customer to the Contractor at the contact details specified in Section 13 of the Agreement.

7.4. The fact of acceptance of the Services by the Customer shall be confirmed by obtaining access to the Course Materials available on the website at https://modeis.me and/or by the Acceptance Certificate of the Services provided (hereinafter referred to as the Certificate) signed by the Parties or their authorised representatives.

7.4.1. At the written request of the Customer, the Contractor shall send the Customer the signed Certificate in duplicate (an electronic copy of the Certificate is allowed, it may be sent by e-mail or fax). In this case, the Customer shall sign the Certificate within 3 (three) business days from the date of its receipt and send the second copy of the Certificate to the Contractor by mail, and in case of any disagreement with the signing of the Certificate, the Customer shall submit their written objections.

7.5. If within 1 (one) month from the date of sending the Certificate to the Customer, the Contractor does not receive the 2nd (second) copy of the Certificate signed by the Customer or written objections to the signing of the Certificate, the Contractor shall sign the Certificate of Acceptance of Services unilaterally.
8. Validity period, procedure for amending and supplementing the agreement

8.1. This Agreement shall enter into force upon submission of the application for participating in the Course and/or authorisation of the Customer on the website https://modeis.me and/or payment for the Contractor's services by the Customer and shall be deemed to be concluded for an indefinite period of time and shall remain in force until its withdrawal by the Contractor and/or until complete fulfilment by the Parties of their obligations under this Agreement.

8.2. The Contractor shall reserve the right to amend the terms and conditions of the Agreement and/or withdraw it at any time at their sole discretion. If the Contractor amends the Agreement, such amendments shall enter into force upon publication of the new version of the Agreement on the Contractor's website, unless another term for the entry into force of the amendments is specified additionally upon their publication. The Agreement shall be deemed withdrawn from the moment of deleting its posting from the Contractor's website.

8.3. From the moment the Agreement enters into force as amended, the new version of the Agreement shall be effective for the Parties.

8.4. The Contractor shall have the right to unilaterally withdraw from this Agreement by notifying the Customer in writing not less than 1 (one) day prior to the expected date of withdrawal from the Agreement.

8.5. The Customer shall not be released from liability for breach of the terms and conditions of this Agreement that occurred during its validity period.

8.6. To withdraw from receiving services, the Customer shall only need to not pay for such services.

8.7. If the Customer wishes to withdraw from the Contractor's Services in full, they shall send a request to: info@modeis.me. After that, the Website administrators will delete all data and information about the Customer.
8.7.1. After providing access to the Course Materials posted on the website at https://modeis.me, the funds credited to the Contractor's bank account shall not be refunded or compensated to the Customer.
8.7.2. If the Customer has made a payment, but has not been granted access to the Course Materials by the Contractor, the latter shall refund the funds transferred by the Customer within 10 (ten) banking days. The Contractor shall refund the funds, including upon receipt of documents from the Customer provided for by the current legislation of Ukraine ( a copy of the passport, a copy of the taxpayer's card, a receipt for payment for the Services, a duly signed application for a refund, other documents at the request of the Contractor) and only if the Customer requests a refund within 30 days from the date of payment for the Contractor's Services.

8.8. The Agreement shall be deemed automatically terminated (cancelled) when:
  • The Customer used in full the Contractor's services the payment was made for;
  • The Customer did not use the Contractor's services on their own initiative.
9. Liability of the parties and dispute resolution

9.1. The Parties shall be liable for non-fulfilment or improper fulfilment of the terms and conditions of this Agreement as provided for by this Agreement and the current legislation of Ukraine.

9.2. Should non-fulfilment or improper fulfilment of the terms and conditions of this Agreement by one of the Parties hereto result in damages to the other Party, the guilty Party shall be obliged to reimburse such damages in full.

9.3. Reimbursement of damages shall not relieve the guilty Party from its obligations to properly comply with the terms and conditions of this Agreement.

9.4. All disputes and disagreements that may arise in the course of performance of this Agreement shall be settled through negotiations between the Parties.

9.5. If any dispute can not be solved through negotiations, it shall be settled through the courts in accordance with the jurisdiction and venue of such dispute according to the current legislation of Ukraine.

9.6. Should the fact of plagiarism, copying of the Materials, their fragments, and/or their unauthorized use, distribution of the Course Materials by the Customer be detected, the Customer shall be liable in accordance with the terms and conditions of this Agreement and the current legislation of Ukraine.

9.7. The Contractor shall not be liable for the non-provision or the improper provision of services to the Customer provided that any circumstance arising through no fault of the Contractor occurs, namely the occurrence of circumstances caused by the fault or negligence of the Customer and/or the occurrence of circumstances caused by the fault or negligence of any third party (third parties) on the part of the Customer, and/or the occurrence of force majeure.
10. Force majeure

10.1. The Parties shall be exempted from liability for non-performance or improper performance of their obligations if such non-performance or improper performance was caused by force majeure circumstances. Force majeure circumstances shall include those that have arisen beyond the will or contrary to the will or desire of the Parties and that cannot be foreseen nor avoided, including military actions, civil unrest, epidemics, blockades, fires, earthquakes, other natural phenomena, natural disasters, failures in power supply and communications used for the provision of services, adoption of government acts and other circumstances beyond the control of the Parties that make it impossible for a Party to fulfill its obligations under this Agreement in a timely, complete and proper manner.

10.2. If force majeure circumstances arise, the affected Party shall notify the other Party within 5 (five) days from the date of occurrence of such circumstance or from the date when such Party has the opportunity to notify the other Party of the occurrence of the circumstance. Upon termination of force majeure circumstances, the affected Party shall notify the other Party of such termination within 5 (five) days from the date of termination of force majeure circumstances or from the date when such Party has the opportunity to notify the other Party of termination of force majeure circumstances.

10.3. If force majeure circumstances last for more than 3 (three) consecutive months, each Party shall have the right to withdraw from further performance of its obligations under this Agreement, and in this case, neither Party shall be entitled to compensation for possible losses by the other Party.
11. Miscellaneous

11.1. The Parties confirm that the present Agreement has been concluded with full knowledge of its terms and conditions and of the terminology used herein and that it corresponds to the valid intentions of the Parties in respect of the legal obligations incumbent upon them.

11.2. The Agreement, the rules for obtaining the Services by the Customer, which are available on the Contractor's website at: https://modeis.me shall constitute a single agreement between the Contractor and the Customer.

11.3. Each Party warrants to the other having the necessary legal capacity, i.e. all powers necessary and sufficient for the conclusion and execution of this Agreement.

11.4. The Contractor shall not be liable for the content and truthfulness of the information provided by the Customer when placing an order for services. The Customer shall be solely liable for the accuracy of the information provided when placing such an order.

11.5. All information relating to the performance of this Agreement shall be confidential.

11.6. The Customer shall be granted the right to use the Contractor's Services under this Agreement solely in its internal activities without the right to alienate or transfer such Services in any way in favor of third parties.

11.7. The Parties undertake to keep confidential information obtained as a result of the performance of this Agreement, except where authorized in writing by the other Party or required by public authorities in accordance with applicable law. For the disclosure of confidential information, the guilty Party shall be liable in accordance with the current Ukrainian legislation.

11.8. The Contractor shall have the right to independently amend and/or supplement the terms and conditions of this public Agreement and its annexes, including the rules for the provision and receipt of Services under this Agreement. At the same time, the Contractor shall warrant and confirm that the current version of the text of this Agreement and its Annexes, including the rules for the provision and acceptance of the Services under this Agreement posted on the Contractor's website is valid.

11.9. In any matters not covered by the terms of this Agreement, the Parties shall be governed by the provisions of the current legislation of Ukraine.
12. Personal data and the procedure for their processing

12.1. By accepting the Agreement, the Customer voluntarily agrees to the collection and processing of their personal data, i.e. to the following actions in relation to the Customer's personal data: collection, systematisation, entry into the Contractor's databases, including electronic ones, accumulation, storage, clarification, as well as further use and distribution of personal data by the Contractor in accordance with the provisions of the Law of Ukraine "On Personal Data Protection".

12.2. The collection of personal data is a component of the process of its processing, which involves the selection, organisation of information about the Customer and entering it into the personal data base.

12.3. The dissemination of personal data involves the transfer of information about the Contractor from personal data bases with the consent of the personal data subject.

12.4. The dissemination of personal data without the consent of the personal data subject (Contractor) or their authorised person is permitted in cases provided for by law and only in the interests of national security, economic welfare and human rights.

12.5. Personal data in personal data databases shall be destroyed in accordance with the procedure established in accordance with the requirements of the law of Ukraine "On Personal Data Protection".
13. Contractor's details

MODALISM LLC
7, Leontovicha Str., office 5-1, Kyiv 01054
USREOU code 45125802

UAH (Ukrainian Hryvnia):
Ac.: UA353808050000000026006809098
Babk: JSC "Raiffeisen Bank Aval"

USD (US Dollar):
Ac.: UA103808050000000026001809101
Babk: JSC "Raiffeisen Bank Aval"

EUR (Euro):
Ac.: UA333808050000000026000809102
Babk: JSC "Raiffeisen Bank Aval"

e-mail: info@modeis.me
Director
K. K. Riabov