Here is the professional English translation of the offer agreement file.
This offer is addressed to any person (an indefinite circle of persons) and constitutes a public offer from the Contractor to conclude an agreement for the provision of services (hereinafter referred to as the Agreement). It is posted on the Internet at the following address:
https://alecdumas.world/ofertaen and may be sent to the Participant's email address under the following terms and conditions:
1. GENERAL PROVISIONS1.1. This Agreement is a public contract (hereinafter — the Agreement) and is deemed concluded between the Contractor, on the one hand, and the Participant, on the other hand, from the moment the latter accepts all the terms and conditions of this Agreement without exception.
1.2. In the manner and under the terms specified in this Agreement, the Contractor undertakes to provide services to the Participant, and the Participant undertakes to accept and pay for them.
1.3. The details of the specific Contractor are indicated in the electronic receipt, payment system invoice, or the issued invoice.
1.4. The site administration reserves the right to change, supplement, or delete the provisions of this Agreement at any time without notifying the Participant.
1.5. The Participant's continued use of the site signifies their acceptance of the terms of the Agreement and any amendments made to it.
1.6. The Participant is personally responsible for familiarizing themselves with the current version of this Agreement.
1.7. Unless a separate written agreement has been concluded with the Participant, this Agreement is valid between the Contractor and the Participant and includes at least the terms and conditions set forth in this document (hereinafter — the Terms).
2. DEFINITION OF TERMS2.1. In this Agreement, the following terms are used with the following meanings:
- Acceptance — the full, unconditional, and unreserved acceptance by the Participant of the terms of this Agreement without any exceptions and/or limitations, which is equivalent to concluding a bilateral written agreement.
- Contractor — Alec Dumas, as well as other persons (business entities) entitled to provide the services stipulated by this Agreement. The name of the specific Contractor is indicated in the invoice or other payment documents.
- Site Materials — electronic publications posted on the Site (training program, media materials, and other materials).
- Offer — a public proposal from the Contractor, addressed to any individual, to conclude an agreement for the provision of services on the terms specified in this Offer.
- Site (project sites) — a collection of data, electronic (digital) information, objects of copyright and/or related rights, structured within the address: https://alecdumas.world.
- Services (Masterclass) — a set of masterclasses, seminars, conferences, webinars, courses in the format of offline events or online broadcasts, electronic video recordings, text materials, and images, united by a common theme, access to which is provided through the Site, web pages, or other digital channels (email, Telegram — specified by the Participant during registration for the course).
- Participant — an individual who has accepted this Offer in accordance with this Agreement and has gained access to the information posted on the website. The Participant is responsible for the use of their account by third parties and the consequences of such use.
- 2.2. This Agreement may use other terms not defined in this section. Their interpretation shall be based on the context of the Agreement, and in case of ambiguity, on the definitions provided on the website https://alecdumas.world, as well as their generally accepted meaning on the Internet.
3. SUBJECT OF THE AGREEMENT3.1. The subject of this Agreement is the provision of a set of Services by the Contractor to the Participant.
3.2. The list and cost of the Services are published by the Contractor on the Site.
3.3. By using the Site materials or the Services offered on it, the Participant accepts all the terms of this Agreement.
3.4. The Agreement is concluded in the form of a contract of adhesion between the Contractor and the Participant.
3.5. This Agreement is a public contract, deemed concluded between the Contractor (on the one hand) and the Participant (on the other hand) from the moment the Participant accepts all the terms and provisions of this Agreement without exception.
4. ACCEPTANCE OF TERMS4.1. To be able to use the Services, the Participant must accept the terms of this Agreement. The use of the Contractor's Services is prohibited until the terms have been accepted.
4.2. Acceptance of the Terms may occur by performing any of the following actions:
4.2.1. Filling out an application form for participation in the Course;
4.2.2. Performing an action that indicates acceptance of the Terms (clicking a button, checking a box, or a similar action) on the Service order page on the Site;
4.2.3. Payment for the Services by the Participant: making the first payment (full payment for the Services) via a hyperlink provided by the Contractor, or by paying an issued invoice;
4.2.4. Actual use of the Services. In this case, it is considered that the Participant has accepted the terms of this Agreement.
4.3. The Agreement may be accepted by any individual who meets the participation criteria and is interested in purchasing the Services provided by the Contractor.
4.4. After accepting this Agreement and paying for the Services, the Participant acquires the right to receive the Services in the scope and under the conditions specified in this Agreement.
4.5. The Participant has the right to use the informational materials received during the training in the manner and under the conditions specified in this Agreement, posted on the Site.
4.6. By using the Site or the Services offered on it, the Participant accepts all the specified Terms. In case of disagreement with these Terms, the Participant must cease using the Site and the Services.
5. TERMS AND PROCEDURE FOR PROVISION OF SERVICES5.1. The scope of available Services depends on the terms of the product and service package chosen by the Participant.
5.2. To receive the Contractor's Services, the Participant fills out an application form for participation in the Course on the Site or makes a payment for the Services through the Wayforpay payment system indicated on the Site.
5.3. To confirm the application, the Contractor sends an invoice for payment of the Services to the Participant's email or by other means.
5.4. The Participant makes the payment using one of the proposed methods and informs the Contractor about the payment, providing supporting documents in the manner specified in the invoice.
5.5. After payment confirmation by the Contractor, the Participant is sent a personal link (or part of the site address) that provides access to the Services. The link is sent to the email address or Telegram number specified when filling out the application.
5.6. The personal link is valid only for the one Participant to whom it was provided. Transferring this link to third parties is prohibited.
5.7. After receiving the personal link, the Participant must fill out the registration form to access their personal account, providing the necessary identification data.
5.8. The Participant is solely responsible for maintaining the confidentiality and security of access to their personal account, as well as for all actions performed through it. The Participant undertakes to immediately notify the Contractor of any breach of access security.
5.9. To receive the Services, the Participant must independently provide the appropriate technical conditions for the operation of their device (personal computer or mobile device).
5.10. The schedule of the Course may be changed by the Contractor unilaterally by notifying the Participant in one of the following ways (but not limited to): by posting information on the webpage, sending a message to the email address, in a Telegram group, or in another agreed-upon manner.
5.11. During participation in the Course, it is prohibited to: incite inter-ethnic hatred, humiliate other participants or the speaker, advertise, use obscene language, and engage in any other behavior that violates moral and ethical norms or current legislation. In case of violation of these rules, the Contractor has the right to cancel the Participant's participation without a refund of the amount paid.
5.12. Information and materials received during the Course (audio, video recordings, etc.) may be used by the Participant for personal purposes only.
5.13. The Contractor has the right to unilaterally refuse to provide the Services and cancel access to the Course if facts of transferring the personal link to third parties or distributing information/materials (audio, video, etc.) received within the Course are established.
5.14. The Contractor is not responsible for the Participant's inability to participate in the Course for reasons beyond the Contractor's control.
5.15. The terms and procedure for the provision of Services are determined by this Agreement.
5.16. The Parties agree that the Services are considered to have been duly provided at the moment of their actual consumption by the Participant:
– for Courses — at the moment of completion of each of the Course sessions (regardless of the Participant's actual attendance);
– for Services providing access to services or informational materials — at the moment technical access to them is granted.
5.17. The signing of an acceptance certificate for the Services by the Participant to confirm their provision is not required.
6. COST AND PROCEDURE OF PAYMENT FOR SERVICES6.1. The cost of the Services is published on the Site and is fixed in the issued invoice for payment.
6.2. The cost of the Services does not include the commission of banks or payment systems charged during the payment process. The Participant pays commission expenses additionally. The cost of the Services is defined as the difference between the payment amount made by the Participant and the amount of the commission withheld.
6.3. The Contractor has the right to change the cost of the Services unilaterally before the moment of payment by publishing a new price on the Site.
6.4. Payment for the Services means that the Participant has familiarized themselves with the terms of this Agreement and fully accepts them.
6.5. Payment for the Services is made by transferring funds to the Contractor's current account. Payment methods are indicated on the Site or in the invoice sent to the Participant after filling out the application for participation in the Course.
6.6. The Service is considered paid from the moment the funds are credited to the Contractor's account.
6.7. The Participant has the right to refuse to participate in the Course with a refund of the amount paid within 14 calendar days from the moment of full payment, provided that the training has not yet begun. The refund is made within 30 calendar days from the moment of receipt of the Participant's written request, submitted in accordance with clauses 9.9–9.10 of this Agreement. The refund amount is subject to deduction of payment system commissions.
6.8. In the event of termination or expiration of this Agreement, no refund shall be made to the Participant. This condition remains in effect even after the termination or expiration of the Agreement.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES7.1. The Contractor has the right to:
7.1.1. Independently determine the forms and methods of providing the Services, taking into account the current legislation of Ukraine and this Agreement.
7.1.2. Unilaterally establish the cost of the Services.
7.1.3. Independently determine and/or change the dates of the Courses.
7.1.4. Independently change the content, duration, and volume of information within the Course, as well as the functionality and interface of the Site.
7.1.5. Conduct photo, video, and audio recording during the Courses and use these materials at its own discretion. The Participant agrees to such use, including the publication of their image/voice on the Site, in social networks, and other channels, which involves public distribution, editing, and reproduction.
7.1.6. Involve third parties, including speakers, in the provision of the Services.
7.1.7. Receive from the Participant the information necessary for the performance of the terms of the Agreement. In case of its non-submission, incompleteness, or inaccuracy, to suspend the provision of the Services until such violations are eliminated.
7.1.8. Conduct surveys and questionnaires of the Participant, as well as publish the received feedback in compliance with the legislation on personal data protection.
7.1.9. Refuse participation or restrict access to the Course without a refund in cases of:
7.1.9.1. providing false information;
7.1.9.2. violation of the norms of clauses 7.4.1–7.4.9 of this Agreement;
7.1.9.3. violation of the rules of participation in the Course;
7.1.9.4. failure to complete homework assignments within the program;
7.1.9.5. violation of public order or the current legislation of Ukraine.
7.1.10. Carry out mass mailing of informational and promotional messages to the Participant's email with the option for the Participant to unsubscribe.
7.1.11. Unilaterally change the terms of this Agreement by publishing a new version on the Site.
7.2. The Participant has the right to:
7.2.1. Personally participate in the Course, groups, and chats.
7.2.2. Receive Services in accordance with the terms of this Agreement.
7.2.3. Receive information from the Contractor regarding the content and terms of the provision of Services (via the contacts on the Site or the feedback form).
7.2.4. Access the personal account from only one device at a time.
7.2.5. Consent to:
7.2.5.1. receiving e-mail and SMS notifications;
7.2.5.2. being informed about new products and services;
7.2.5.3. receiving promotional messages, including from third parties, with the option to opt-out.
7.3. The Contractor undertakes to:
7.3.1. Provide Services of proper quality in accordance with the terms of the Agreement.
7.3.2. Ensure the confidentiality of the Participant's personal data.
7.3.3. Provide information regarding the content and terms of the provision of Services.
7.3.4. Notify the Participant of changes in the schedule or format of the Services (via e-mail, Telegram, the site, or other channels).
7.4. The Participant undertakes to:
7.4.1. Pay for the Services in full in accordance with the Agreement.
7.4.2. Provide accurate information about themselves.
7.4.3. Ensure proper technical conditions for participation in the Course.
7.4.4. Independently and timely familiarize themselves with the information on the Site.
7.4.5. Complete the tasks and follow the recommendations of the Contractor.
7.4.6. Adhere to the Course program and participation rules.
7.4.7. Provide up-to-date contact information.
7.4.8. Not to interfere with the normal functioning of the Site.
7.4.9. Not to disclose confidential information.
7.4.10. Not to publish advertising content without permission.
7.4.11. Not to use the Site for:
7.4.11.1. distributing prohibited, discriminatory, or offensive content;
7.4.11.2. inciting illegal actions;
7.4.11.3. violating the rights of minors;
7.4.11.4. infringing on the rights of minorities.
8. LIABILITY OF THE PARTIES8.1. In case of non-fulfillment or improper fulfillment of the obligations stipulated by this Agreement, the Parties shall be liable in accordance with the legislation of Ukraine and the provisions of this Agreement.
8.2. The Contractor is not liable for:
* the impossibility of providing the Services for reasons beyond its control, including cases of force majeure;
* temporary interruptions in the provision of Services caused by technical work (equipment replacement, software updates, maintenance), provided the Participant is notified in advance;
* the loss of confidential information, if such loss was not due to the fault of the Contractor;
* damages to third parties, unless they are caused by the actions or inaction of the Contractor.
8.3. In the event that for any reason the Contractor has not started providing the Services or has provided them with a violation of the deadlines, the Contractor's liability is limited to:
* extending the period for the provision of the Services;
* rescheduling the provision of the Services to another date — without increasing their cost.
8.4. The total liability of the Contractor for any claims or demands by the Participant shall not exceed the amount of funds paid by the Participant under this Agreement.
8.5. The Contractor is not liable for the Participant's inability to receive the Services in the event of:
* lack of technical capabilities on the part of the Participant;
* provision of inaccurate or outdated contact information by the Participant;
* malfunction of the Internet connection, interruptions in the work of providers, viruses, or the absence of necessary software/hardware on the Participant's device.
8.6. The Contractor is not responsible for the quality of communication channels or third-party services for accessing the Site.
8.7. The Contractor is not liable for the actions of the Participant that have caused harm to other Participants, as well as for the harm that the Participant has suffered as a result of the actions of other Participants.
8.8. The Contractor is not responsible for the non-compliance of the content of the Services with the Participant's expectations or their subjective assessment. Such dissatisfaction is not a basis for considering the Services as not provided or provided of poor quality.
8.9. The Contractor is not liable for the actions of third parties who have authorized on the Site on behalf of the Participant.
8.10. The Participant is solely responsible for the consequences, including the expected results from receiving the Services.
8.11. The Parties undertake to resolve disputes through negotiations, taking into account the interests of both Parties.
8.12. If it is impossible to resolve the dispute through negotiations, the dispute shall be subject to consideration in court in accordance with the current legislation of Ukraine.
9. GUARANTEES AND REPRESENTATIONS OF THE PARTIES9.1. By accepting the terms of this Agreement, the Participant acknowledges and assumes the risks of not receiving profit or possible losses that may arise from the use of the acquired knowledge, skills, and abilities.
9.2. The Contractor guarantees the quality of the provided Services but does not guarantee their uninterruptedness, absolute security, error-freeness, or exact compliance with the Participant's expectations.
9.3. The Contractor does not guarantee that the Participant will receive profit (income) or other results within a specified or unspecified period. The success of applying the acquired knowledge depends on many factors, including: the Participant's personal qualities, level of diligence, purposefulness, intellectual development, creative abilities, etc.
9.4. The Contractor does not conduct official educational activities, is not an educational institution, and does not issue certificates, diplomas, or other state-recognized documents.
9.5. By accepting this Agreement, the Participant confirms that they have provided reliable, complete, and current personal data, have not used someone else's data, and have acted on their own behalf.
9.6. The Participant guarantees that they do not intend to harm the reputation of the Contractor or related third parties, and will not take actions that contradict the legislation of Ukraine or international norms. Their actions are aimed exclusively at receiving the Services.
9.7. The Parties confirm that they have full civil legal capacity and competence to conclude this Agreement.
10. PROTECTION OF PERSONAL DATA AND CONFIDENTIAL INFORMATION10.1. By accepting the terms of this Agreement, the Participant gives the Contractor their unequivocal consent to the processing and use of their personal data obtained in connection with the provision of the Services, in accordance with the legislation of Ukraine on the protection of personal data.
10.2. The processing of personal data includes, in particular: collection, registration, accumulation, storage, adaptation, modification, updating, use, distribution, depersonalization, destruction, etc. — for the purpose of maintaining a database of Participants.
10.3. The Participant agrees that the Contractor may transfer personal data to third parties with whom it has contractual or control relations, without the additional consent of the Participant.
10.4. All information received by the Participant during the use of the Services, including access passwords, is considered confidential information and a commercial secret of the Contractor.
10.5. The Participant undertakes not to disclose or transfer confidential information to third parties without the written consent of the Contractor.
11. INTELLECTUAL PROPERTY RIGHTS11.1. All methodologies, techniques, and materials that have become known to the Participant within the scope of the provision of Services are objects of intellectual property. All proprietary rights belong to the Contractor or its partners.
11.2. The Participant has the right to use the received materials exclusively for personal purposes. It is prohibited to sell, transfer, assign, or use them in commercial activities.
11.3. It is prohibited to copy, reproduce, distribute, publicly use, translate, adapt, or otherwise modify the materials without the prior written consent of the Contractor.
12. AGREEMENT ON ELECTRONIC DOCUMENT MANAGEMENT12.1. The Parties recognize the legal force of electronic documents (applications, notices, invoices, etc.) sent by e-mail if their origin can be reliably established.
12.2. Within the framework of electronic document management:
12.2.1. Documents are created exclusively in electronic form.
12.2.2. A simple electronic signature is equivalent to a handwritten signature. The signature is the unique e-mail address.
12.2.3. A message sent from the specified address is considered the expression of the will of the respective Party.
12.2.4. Verification of the authenticity of the message is carried out by the sender's address.
12.3. The Parties undertake to ensure the security of their accounts and prevent access by third parties.
12.4. Payment documents in electronic form have the force of primary accounting documents.
13. OTHER CONDITIONS13.1. The Agreement comes into force from the moment of acceptance and is valid until the full fulfillment of obligations by the Parties.
13.2. The Agreement may be terminated early by agreement of the Parties or unilaterally in cases provided for by this Agreement.
13.3. In cases not regulated by this Agreement, the Parties shall be guided by the current legislation of Ukraine.
13.4. The Parties confirm their full understanding of the content of the Agreement and agree to all its terms and conditions.
13.5. The invalidity of a separate provision of the Agreement does not affect the validity of its other provisions.
13.6. The law of Ukraine shall apply to all legal relations between the Parties.
13.7. The Parties may conclude this Agreement in the form of a written bilateral document by mutual agreement.