Public Agreement - an offer for the provision of educational services
1. General Provisions1.1. This Public Agreement - offer (hereinafter referred to as the Agreement) is the official, public offer of the Contractor and is available on the Internet at the following addresses:
https://facreality.com for the provision of educational services for concluding an agreement on the conditions specified below.
1.2. The contract is concluded between you - the Customer and the Contractor. On behalf of the Contractor, an individual entrepreneur Mahlych Nikita Aleksandrovich acts. All conditions are concluded in this document, and everything that was previously in advertising or on the site is not used to fix the relationship of the parties.
1.3. The Agreement defines the conditions for the provision and use of the educational project (hereinafter referred to as the Service) in order to acquire additional knowledge, skills and abilities by the Customer.
1.4. Unless another written contract or agreement has been concluded with the Customer, the contract with the Contractor will always include at least those terms and conditions set forth in this Agreement (hereinafter referred to as the General Conditions).
1.5. Acceptance (acceptance) of this Offer means the full and unconditional acceptance by the Customer of all the conditions without any exceptions and / or restrictions and is equated to the conclusion by the parties of a bilateral written agreement on the terms set forth below in this Offer.
1.6. This Public Agreement for the provision of services (Offers) is considered concluded (accepted) from the moment the Customer fills in an account on the Contractor's Website and the funds are received by the Contractor.
1.7. In addition to the general conditions set forth in this Agreement, the Agreement also includes the conditions published directly on the Service description page or in legal notices sent to the Customer (hereinafter referred to as special conditions).
1.8. The General Conditions set forth in the Agreement and the Special Conditions (hereinafter collectively referred to as the Conditions) form a legally binding contract for the provision of the Service.
2. Subject of the Agreement2.1. The Contractor provides the Customer with services in a specific training course and a specific curriculum specified on the Contractor's page at:
https://facreality.com 2.2. The Customer accepts the specified educational services on the terms of this Agreement.
2.3. Only a person who has acquired full civil capacity in accordance with the Civil Code of Ukraine can receive paid services.
2.4. By registering for a free webinar or subscribing to a free mailing list, the Customer enters into an Agreement with the Contractor for the provision of free services.
2.5. In the case of the purchase of paid services, the Customer concludes with the Contractor an Agreement for the provision of paid services at the time of payment for the Service.
3. Cost of services and payment procedure3.1. The volume of services available to the Customer depends on the purchased product (service package). The total cost of services for each specific package is indicated on the Contractor's page at:
https://facreality.com3.2. The Contractor provides three main service packages under the subscription system with a specified cost:
• FAC Level - 797 $ /month (payment is charged monthly)
• FAC C1 Reality - 2397 $ / half a year (payment is charged every six months)
• VIP FAC C2 REALITY - 7997 $ / year (payment is charged once a year)
The subscription system has been implemented so that you do not postpone learning for later, but get the result on time.
3.3. Payments under this agreement are made by one of the methods offered to the Customer, which include:
- payment by electronic money;
- payment through payment terminals or Internet banking;
- payment to the Contractor's settlement account through a bank or an acquiring bank;
- payment through specially authorized agents (individuals or legal entities)
- in other ways by prior agreement with the Contractor.
3.4. The cost of services does not include additional commissions of banks, payment systems or currency conversion.
3.5. The customer has the right to receive a discount when providing a coupon or promotion at the end of the webinar
3.6. The customer has the right to pay by splitting the payment into 2 installments of 50%. In this case, the subscription for each tariff will be charged in the following terms:
• FAC Level - $399.99 /2 weeks (payment is due every two weeks)
FAC level - $199.99 /7 days (payment is charged every 7 days)
• FAC C1 Reality - $1197.99 / 3 months (charged every three months)
• VIP FAC C2 REALITY - $3999.99 /6 months (payment is charged every six months)
3.7. The customer has the right to make a payment at a discount within 48 hours after the live webinar.
3.8. The customer has the right to raise the tariff at the discounted price within 7 days. After 7 days, you can increase the tariff at the cost specified in clause 3.2. of this agreement.
To increase the tariff, write to Viber, Telegram or WhatsApp at +380733581825 (you cannot call) or email fac.nikita.mahlych@gmail.com.
3.9. The subscription fee is charged automatically every 7 days / 2 weeks / month / 3 months / six months or a year depending on the subscription, if the customer has not stopped it. The subscription can be stopped only after payment of the installment plan.
The customer can stop the subscription only by writing to us in Viber, Telegram or WhatsApp at +380733581825 (you can’t call) or by email fac.nikita.mahlych@gmail.com at least 5 days before the next payment is charged. If the subscription is not stopped, the payment will be charged automatically.
You cannot freeze a subscription, because this will lead to procrastination and the Customer will not reach his goal on time.
If the Customer decides to stop the subscription, then access to training materials is closed to him. You can restore access after the renewal of the subscription.
You can renew the subscription after it has been stopped at the full price, which is specified in clause 3.2 of this agreement. In this case, promotional prices will not work.
The customer has a guarantee of the result for the entire duration of the quest. Return is possible when passing all the tasks of the quest and not receiving the promised result.
4. The procedure and terms for the provision of services
Services are provided by the Contractor in the following format:
4.1. The duration of the quest is a month, six months, or a year (depending on the subscription).
4.2. Training takes place on the Telegram / Kartra platform or on a similar other platform. The learning platform can be changed by the Executor at any time during the quest.
4.3. After payment, the Customer gets access to Telegram chats, depending on the level of English proficiency. Access to the chat is free and the Contractor has the right to block a participant without the right to return funds in case of violation of the rules of conduct in the process of receiving services under this agreement, namely: inciting ethnic conflicts, distracting participants from the topic of the lesson, spam, advertising, obscene statements, rudeness, general calls for distrust or insulting the Contractor, insulting other participants in the quest. The Contractor has the right to block the participation of the Customer under the terms of this paragraph temporarily or until the end of the online quest.
4.4. The customer can start studying on the quest at any time convenient for him, but subscription payments will be charged according to the schedule. You cannot freeze a subscription.
4.5. Each lesson contains videos, texts, exercises, cards for learning words and subconscious programming for better memorization.
4.6. The schedule of classes is presented in the Telegram chat and can be changed during training, which is reported to the Customer in the mailings.
4.7. Completion of tasks is part of the service delivery process and affects the end result of training.
4.8. If the customer took the package in installments, then the installment must be repaid by the customer, regardless of the passage of the quest. If the installment plan is not repaid under the agreement, then the customer will face a fine of $ 200 + payment of the installment plan by the bank itself.
5. Rights and obligations of the parties5.1. Rights and obligations of the Contractor:5.1.1. The Contractor undertakes to provide the Customer with educational services in the amount established for the corresponding course package.
5.1.2. The Contractor undertakes to provide the Customer with services of high quality and in full.
5.1.3. The Contractor undertakes to provide the Customer with round-the-clock access to the closed Telegram group.
5.1.4. The Contractor in the process of providing the Service assumes the responsibility for the technical support of training.
5.1.5. The Contractor is responsible for the storage and processing of the Customer's personal data, ensures the confidentiality of these data in the course of their processing and uses them solely for the quality provision of the Service to the Customer.
5.1.6. The Contractor guarantees the provision to the Customer of complete and reliable information about the services provided at his request.
5.1.7. The Contractor reserves the right to change the date of the lesson and / or the amount of information (classes) in the course, having previously notified the Customer no later than three calendar days from the date of such decision, by sending a notification to the Customer's e-mail.
5.1.8. The Contractor has the right to change the terms of this Offer unilaterally without prior notice to the Customer by publishing these changes on the Site no later than 5 calendar days from the date of their introduction (acceptance).
5.1.9. The Contractor has the right to block the Customer's account in case of violation of the rules or conditions of this Offer without refund of the paid fee.
5.2. Rights and obligations of the Customer:5.1. Rights and obligations of the Contractor:
5.2.1. The customer is obliged to provide reliable information about himself in the process of registering for the quest. The customer is responsible for the accuracy of such information.
5.2.2. The customer undertakes to pay for the services in a timely manner.
5.2.3. The Customer is obliged to maintain in good technical condition the equipment and communication channels that provide him with access to the Service. The Contractor shall not be liable for non-provision (poor-quality provision) of the Service for reasons beyond the control of the Contractor.
5.2.4. The customer undertakes not to reproduce, repeat, copy, sell, or use for other purposes the information and materials that have become available to him in connection with the provision of services, except for their personal use. The fine for distributing and selling quest materials will be UAH 1,000,000.
5.2.5. The Customer undertakes to maintain confidentiality and not to provide third parties with the information of this Agreement, technical and other information obtained in the course of the execution of this Agreement, without the prior written consent of the Contractor, except as provided for by this Agreement and the current legislation of Ukraine.
5.2.6. The customer enjoys all the rights of the consumer in accordance with the current legislation of Ukraine, which regulates the relationship of the provision of paid services.
5.2.7. The Customer, in case of providing him with Services of inadequate quality, has the right to exercise the rights provided for in Art. 8 of the Law of Ukraine "On Protection of Consumer Rights", only in cases where the violation of his rights occurred through the fault of the Contractor and when the specified circumstance is proven.
6. Using and ordering services6.1. Using the Services, the Customer accepts all the terms of the Agreement, without exception, as well as the Privacy Policy. If the Customer does not agree with the content of these documents, please leave the Contractor's web page and stop using the materials posted on it.
6.2. If the Customer has registered on the Contractor's page or placed an order for the Service, he agrees that the Contractor can send him written messages, promotional mailings, informational messages and other materials in the messenger or by phone and email specified during registration.
6.3. The Customer must comply with all terms and conditions, which he will be asked to familiarize himself with when placing an order or in the process of using the Services.
6.4. The Customer agrees that he will not participate in activities that disrupt the functioning of the Contractor's web page, services or related servers and networks. For writing a hate on the learning platform, the customer will be deleted without the right to a refund.
6.5. The Customer assumes full responsibility for any violation of the obligations stipulated in the Agreement, as well as for all the consequences of these violations.
6.6. The contract - offer has the force of an act on the provision of services. The Service is performed without signing the relevant act.
7. Cancellation and Refund Policy7.1. After placing an order and paying, in each individual case, the Customer receives the right to demand a refund when completing one level of the quest, participating in live calls and completing all homework and not receiving the promised results (+1 level of English per month). Otherwise, a refund is not possible.
Also, when making a refund, the cost of training modules that were opened by the Customer on the training platform and the amount of $150 are taken into account. The cost of each module is listed below.
7.2. To issue a refund, the Customer must inform: full name and email address specified when placing an order; name of the Service (course, service package); order date; payment information; reasons for refusal of services, as well as other necessary information. The Customer understands that if he does not provide the necessary information, the Contractor has the right to refuse a refund and not consider applications.
7.5. To refuse services and issue a refund, the Customer contacts the Contractor at E-mail: fac.nikita.mahlych@gmail.com or by phone: 38 (073) 358 18 25 (you cannot call), indicated on the web page at the addresses :
https://facreality.com. The Contractor confirms receipt of a request for a refund by sending an email to the email address specified during registration.
7.6. To return funds, the Contractor uses the same payment method that the Customer used when paying for services or sends the refund amount to a Ukrainian bank card. The Contractor will withhold from the refund amount all additional commissions of banks and payment systems associated with the refund.
8. Settlement of disputes8.1. In the event of disputes arising during the execution by the Parties of this Agreement, the Parties will take all measures to resolve them through negotiations.
8.2. If it is impossible to settle them through negotiations, the interested Party shall apply to the court of the relevant jurisdiction in accordance with the current legislation of Ukraine.
9. Force majeure circumstances (force majeure)9.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if it was the result of force majeure circumstances, such as: natural disasters, fire, floods, strikes, other circumstances, if they affected the implementation by the Parties of this Agreement. Force majeure circumstances should be understood as circumstances that arose during the term of this Agreement as a result of unforeseen and inevitable events by the Parties. In these cases, the term for the Parties to fulfill their obligations under the contract is postponed in proportion to the time during which such circumstances and their consequences are in effect.
9.2. The party for which conditions have been created under which it is impossible to fulfill obligations under the contract due to force majeure circumstances must notify the other party in writing of the occurrence of these circumstances without delay, no later than 5 (five) days from the date of their occurrence. The message must contain data on the occurrence and nature of the circumstances and their possible consequences.
9.3. The occurrence of these circumstances is not a reason for the Customer's refusal to pay for the services provided before their occurrence and the Contractor's refusal to provide educational services in accordance with the payment made by the Customer.
10. Intellectual Property Rights10.1. Subject to the provisions of this Agreement, the Civil Code of Ukraine, the Laws of Ukraine "On Copyright and Related Rights", "On Information", the Parties have agreed that:
- all educational materials that will be used for the purposes of this Agreement are protected by copyright;
- for all objects of intellectual property provided during the implementation of this Agreement by the Contractor, all and any exclusive property rights, including those specified in Article 424 of the Civil Code of Ukraine, for objects of intellectual property (copyright) from the moment of creation of such objects are fully owned by the Contractor .
10.2. The Customer has the right to use the materials solely for the purposes of executing this Agreement. Nothing in this Agreement shall be construed as a transfer by the Contractor of any intellectual property rights to educational materials and / or permission to use such educational materials for purposes other than those specified in the Agreement.
11. Contract time11.1. The Agreement comes into force from the moment the Customer pays for a specific course and is valid until the Parties fully fulfill their obligations.
11.2. The Contractor has the right to unilaterally terminate this Agreement and terminate the provision of services if the Customer fails to fulfill its obligations under this Agreement, including in case of violation of the terms of payment for the Services.
11.3. This Agreement may be terminated early by agreement of the parties or by a court decision.
12. Final clauses12.1. The customer guarantees that all the terms of the offer are clear to him and he accepts them unconditionally and in full, without any conditions, exceptions or reservations.
12.2. By signing this Agreement, the Customer gives the Contractor the right to collect, process and store his personal data contained in the Agreement in the manner prescribed by the Law of Ukraine "On the Protection of Personal Data", and also gives the right to include his personal data in a single electronic database of students (students ).
12.3. According to the contract, the Contractor informs the Customer that he has exclusive property rights to training programs / courses.
12.4. By mutual agreement, the Parties may make the necessary additions or changes to this Agreement, which will take effect after their signing by the Parties.
12.5. All annexes, amendments and additions to this Agreement constitute its integral part.
12.6. The parties shall immediately notify each other of the change in their details.
12.7. In cases not regulated by this Agreement, the Parties undertake to be guided by the norms established by the current legislation of Ukraine.
12.8. The legislation of Ukraine shall apply to this Agreement.
Contractor:Individual entrepreneur Mahlych Nikita Aleksandrovich
EDRPOU code: 3558212693,
Adress: Kyiv, st. Families Kulzhenkov 31а, app 163
Tel .: 38 (073) 358 18 25
Bank details:
Monobank
EDRPOU bank’s code 3558212693
IBAN: UA173220010000026209303537399