Public Offer Agreement
for the provision of information, educational and consulting services
Limited Liability Company “MEDSTUDY” (hereinafter the “Provider”), represented by Director Oleksandr Mykhailovych Yepishkin acting under the Charter, on the one hand, and any individual who by their actions intends to join this Agreement for information, educational and consulting services (accession agreement) (hereinafter the “Customer”), on the other hand, jointly the “Parties” and each a “Party”, guided by Articles 633 and 634 of the Civil Code of Ukraine, have entered into this Agreement (the “Agreement”) as follows:
1. SUBJECT OF THE AGREEMENT
Under this Agreement the Provider undertakes to provide the Customer with information, educational and/or consulting services regarding admission to a higher education institution of the Czech Republic (hereinafter “HEI”) within the study programme chosen by the Customer, as listed and described on medstudy.cz (the “Programme”), access to a Personal Account on medstudy.cz and access through that account to the Materials of the chosen Programme for the term of the Agreement under this Offer, and the Customer undertakes to accept and pay for the services on the terms of this Offer.
1.2. In this Agreement, unless the context requires otherwise, the following terms shall mean:
“Customer” — an individual aged 18 or over with full civil capacity who is a parent, mother and/or other legal representative of the recipient of services under the chosen Programme and who enters into contractual relations with the Provider on the terms of the Agreement.
“Provider” — LLC “MEDSTUDY”, a legal entity under the laws of Ukraine providing the services listed on medstudy.cz (the Provider’s website).
“Offer” — the Provider’s public proposal addressed to any individual to conclude this Agreement on the stated terms.
“Public agreement” — a transaction for the provision and receipt of services establishing identical terms for all Customers under the Offer from the moment of its acceptance by the Customer.
“Acceptance” — the Customer’s full and unconditional response to the Provider’s proposal to conclude the Agreement on the Offer terms by submitting an accession application and/or paying for ordered services, which constitutes acceptance of the public offer.
2. ACCEPTANCE OF THE OFFER
2.1. Providing this Offer text to the Customer, as well as publishing it on the Provider’s website, constitutes the Provider’s proposal to conclude this Agreement on the stated terms.
2.2. By accepting the public Offer, the Customer agrees to all terms below in full without exceptions, confirms understanding of all provisions, and concludes a services agreement with the Provider on these terms.
2.3. The Customer accepts the Offer by conclusive actions: payment (including partial) for the chosen Programme under this Agreement and/or ticking the field “I have read the public offer agreement”, and/or using a one-time identifier, and/or receiving Personal Account access. Written form under Ukrainian e-commerce law may additionally be confirmed by an email from the Provider.
3. SERVICE TERMS
3.1. Descriptions and lists of Services, Programmes, timelines and other terms are published on the Provider’s website and/or Telegram channel.
3.2. Services under this Agreement are provided by granting the Customer access to the chosen Programme (classes, learning materials, etc.) via the Personal Account on the Provider’s website for the Agreement term, or by email.
4. PAYMENT
4.1. Service prices follow the Programme chosen by the Customer as stated on the Provider’s website or advertising materials (including Instagram, Facebook, Telegram, etc.).
4.2. Payments are made to the Provider’s account or via online payment systems used by the Provider and listed on its website. Funds paid under this Offer are non-refundable.
4.3. Payment is made in UAH equivalent at the National Bank of Ukraine exchange rate on the payment date.
4.4. If the Customer pays part of the Programme price (where allowed) and does not pay the remainder, that deposit is not refunded.
4.5. The Customer may not demand a price reduction or refund for unused services. Services are deemed provided when Personal Account access is granted (when the Provider sends the account link).
4.6. Discounts may be offered under conditions communicated via advertising or email. Discounts are not granted after purchase, including after partial payment.
4.7. Services are paid when funds are received in full by the Provider. After full or partial payment, funds are not refunded unless non-performance is the Provider’s fault.
4.8. Payment may be made by the Customer personally or by legal representatives and/or authorised persons.
5. CUSTOMER RIGHTS AND OBLIGATIONS
5.1. After receiving the Personal Account link, the Customer may register and receive materials during the Agreement term, must use services personally, and must not transfer Programme access or copy materials for third parties.
5.2. The Customer may request additional information within the agreed consulting scope and submit a written request to refine consulting deliverables.
5.3. All rights to the website and materials belong to the Provider. Intellectual property in Programme materials (images, video, logos, graphics, audio, etc.) belongs to the Provider. Materials received under this Agreement may not be reproduced, sold, assigned or shared with third parties.
5.4. By concluding the Agreement under this Offer the Customer authorises the Provider to:
– collect, store, process and delete the Customer’s personal data;
– send messages, email and SMS to the Customer;
– inform the Customer about new Provider services.
5.5. The Customer shall:
- provide documents required by the Programme on the Provider’s website, properly executed and accurate;
- provide only truthful information needed to achieve the Agreement purpose;
- accept Services and documents confirming HEI enrolment;
- pay for Services in full as set out herein;
- follow Provider recommendations and the study programme and have sufficient skills for entrance tests and interviews;
- compensate actual damages and pay for work performed if the Agreement is breached.
6. PROVIDER RIGHTS AND OBLIGATIONS
6.1. The Provider shall provide services under this Offer.
6.2. The Provider determines Programme content and publishes it on the website; on request it may email that information to the Customer.
6.3. If the Customer breaches this Offer or attempts to interfere with the website/services (or access them outside Provider instructions), the Provider may suspend Services.
6.4. The Provider may update Programmes and materials on the website at any time.
6.5. The Provider may change service terms and Programmes at its discretion. Changes take effect when published (unless another date is set) and are deemed accepted upon the Customer’s first payment after the change. Prepaid service volume will not be reduced.
6.6. Where needed, the Provider may provide online support by email or chat (Instagram and/or Viber and/or Telegram) or another channel chosen by the Provider.
7. LIABILITY
7.1. For breach of obligations or false information, the Parties bear liability under applicable law.
7.2. The Provider is not liable for:
– inability to provide services for reasons beyond its control, including force majeure, communication failures, or equipment/software not belonging to the Provider;
– security breaches of equipment/software used by the Customer;
– loss of confidential information without the Provider’s fault;
– third-party losses not caused by the Provider.
7.3. The Customer is liable for:
– third-party use of credentials for Service access;
– using materials for resale, distribution or transfer to third parties;
– breach of service or payment terms;
– interfering with the website/services or bypassing Provider instructions.
7.4. Provider liability limits:
– aggregate liability for any claim is limited to the price of the purchased service;
– for delay, liability is limited to extending timelines or providing services within new timelines until obligations are fulfilled.
7.5. Transferring materials or Personal Account access to third parties without written consent, public distribution, or commercial use of materials may result in account access being revoked without refund, with damages payable under clause 7.6 and liability for IP infringement under Ukrainian law.
7.6. Using the Provider’s methods/materials to run a competing business or sharing materials/account access without consent triggers a penalty of 300% of the purchased service price per violation plus full damages.
7.7. Violations may be evidenced by screenshots, software logs, third-party account access or other reasonable means.
7.8. The injured Party shall notify the other in writing (postal/email) to cure within 10 days or claim damages. The liable Party shall compensate actual damages unless non-performance was caused by the other Party or force majeure.
7.9. If a Customer breach cannot be cured and prepaid amounts were already paid, those amounts become the Provider’s property as compensation for work performed.
7.10. Unilateral Customer withdrawal that prevents achieving the Agreement purpose causes prepaid amounts to become the Provider’s property as compensation.
The Customer is personally responsible for the accuracy of documents/information and for entrance-test and interview results.
8. DISPUTES
8.1. Disputes are resolved by negotiation; failing that, under Ukrainian law in court.
9. ELECTRONIC DOCUMENT EXCHANGE
9.1. The Parties recognise the legal force of electronic documents (applications, acts, notices, invoices, letters, etc.) sent to the contract emails if the sender can be reliably identified.
9.2. The Parties agree to the electronic exchange terms below:
9.2.1. applications, notices and invoices are electronic and need not be on paper;
9.2.2. simple electronic signatures are used; each Party’s signature is its unique email address (mailbox login/password);
9.2.3. an email from a Party’s address expresses that Party’s intent regarding the Agreement;
9.2.4. authenticity is checked by matching the sender address with the Provider website or Customer contact details;
9.2.5. each Party must keep its email credentials confidential;
9.2.6. printouts of emails certified by the printing Party may evidence signing; electronic invoices and similar documents are accepted as primary accounting records.
10. OTHER TERMS
10.1. The Offer is effective from publication on the Provider’s website until withdrawn.
10.2. The Provider may amend or withdraw the Offer at any time; amendments take effect on publication unless otherwise stated.
10.3. If any Offer provision is invalid, it is replaced by a similar valid provision reflecting the Parties’ intent; invalidity of part does not invalidate the whole.
10.4. The Agreement takes effect on Acceptance and lasts for the chosen Programme term. If the Customer does not use services for personal reasons, the term is not extended. Section 7 remains in force for ten years from Acceptance. Early termination is allowed as expressly provided by the Offer or law.
10.5. By concluding the Agreement the Customer consents to processing of personal data (collection, storage, updating, use) for providing and paying for information services, including automated means.
10.6. The Provider may share Customer personal/confidential data with employees and contractors solely to organise services, while ensuring proper protection.
10.7. Notices are sent to the Customer’s email or Personal Account and are deemed received when sent.
10.8. Matters not regulated by this Offer are governed by Ukrainian law.
10.9. The Customer confirms having read the Offer and Programme terms before Acceptance.
10.10. The official Offer text is published on medstudy.cz; in case of discrepancies, the website version prevails.
Provider details: LLC “MEDSTUDY”. Contact: [email protected].
