This document serves as an official public offer (hereinafter referred to as the “Agreement” or “Offer”) to enter into a Service Agreement, whereby the Contractor – “Training Center of Seafarers” LLC – on one side, and the Customer, who has expressed the intention to purchase services by submitting the appropriate application and making payment (accepting the Offer) on the other side, hereinafter collectively referred to as the “Parties,” regulate their legal relationship under the terms specified in this Offer.
In accordance with Article 642 of the Civil Code of Ukraine, this Agreement is deemed concluded from the moment the Customer accepts the offer to enter into the Agreement (acceptance). This Agreement is a public contract compliant with Article 633 of the Civil Code of Ukraine, with the terms of the Agreement being uniform for all customers.
Full and unconditional acceptance of this Offer is constituted by the action of ordering the service and making payment for the ordered service.
Any person interested in receiving the service and possessing sufficient civil capacity may accept the offer to enter into the Agreement.
1. Definitions
Contractor – a business entity engaged in providing services related to the training and certification of seafarers for deck and engine departments of seagoing vessels.
Customer – an individual who has accepted this Offer.
Website – a collection of data and electronic (digital) information, interconnected and structured under the Website’s address on the Internet at tcsavant.com, created specifically for concluding Service Agreements between the Contractor and the Customer by acquainting the Customer with training programs for seafarers of deck and engine departments.
Service – information and commercial activities provided by the Contractor in the field of training and certification for seafarers of deck and engine departments of seagoing vessels.
2. Subject of the Agreement
2.1. The subject of this Public Offer Agreement is the legal relationship between the Contractor and the Customer, under which the Contractor, for a fee, undertakes to provide the Customer with services, and the Customer undertakes to pay for these services, accept them, and comply with other obligations outlined in this Offer.
2.2. The scope of services provided to the Customer depends on the specific training program selected by the Customer for deck and engine department personnel.
3. Acceptance of Terms (Acceptance of the Offer)
3.1. Acceptance of the Offer is equivalent to entering into a bilateral Agreement in simple written form.
3.2. The Customer accepts the Offer by performing the following actions:
- Submitting an application to the Contractor, indicating the chosen training program, personal identification data, and contact information;
- Paying the cost of services using the online payment systems provided by the Contractor.
3.3. Acceptance of the Offer implies unconditional acceptance of all its terms.
3.4. By accepting the Offer, the Customer confirms that they have received all the necessary and sufficient information to fulfill the terms of the Agreement.
4. Payment for Services, Payment Terms
4.1. The cost of services is determined by the Contractor based on the training program selected by the Customer.
4.2. Payments are made in the national currency of Ukraine – hryvnia – using the online payment systems provided by the Contractor.
4.3. The Customer is responsible for paying any additional fees, including payment system commissions, at the time of payment.
4.4. If the services under this Agreement are not provided to the Customer due to the fault of the Contractor, the Customer has the right to request a refund within one business day, based on a submitted refund request.
4.5. At the request of either Party, the provision of services may be formalized by issuing an Act of Acceptance, which can be drawn up in writing or electronically.
5. Rights and Obligations of the Customer
5.1. The Customer has the right to:
- Receive services as specified in this Agreement;
- Obtain necessary information from the Contractor.
5.2. The Customer is obliged to:
- Fully pay for the ordered services;
- Diligently follow the Contractor’s instructions and recommendations related to the provision of services.
6. Rights and Obligations of the Contractor
6.1. The Contractor has the right to:
- Receive timely and full payment from the Customer as stipulated in the Agreement;
- Unilaterally refuse to fulfill or suspend the execution of this Agreement under the conditions specified herein;
- Unilaterally amend the terms of this Agreement by publishing the relevant changes on the Website.
6.2. The Contractor is obliged to:
- Provide the Customer with services in accordance with the terms of this Agreement.
7. Intellectual Property Rights
7.1. Intellectual property rights to the training materials used in the provision of services are held by “Training Center of Seafarers” LLC (Rights holder).
7.2. By granting the Customer the right to use intellectual property, the Contractor and the Rights holder do not transfer any other rights to such objects to the Customer and do not grant permission for their use beyond the purposes defined in the Agreement.
8. Term of the Agreement
8.1. This Agreement takes effect upon acceptance of the Offer and remains in force until:
- The completion of the services provided under the Agreement;
- Or termination of the Agreement by mutual consent of the Parties;
- Or termination by the Contractor under the conditions and cases specified in this Agreement.
8.2. The Customer’s obligations regarding the observance of intellectual property rights remain in force indefinitely, regardless of the validity of this public Offer.
9. Personal Data
9.1. The Customer consents to the collection and processing of their personal data for the direct purpose of receiving services under this Agreement, including by “Training Center of Seafarers” LLC.
9.2. The Contractor guarantees that they will take all sufficient and reasonable measures to prevent unauthorized access to the personal information and data received from the Customer.
9.3. The consent to store and process personal data is valid indefinitely.
10. Liability of the Parties
10.1. For non-performance or improper performance of the obligations specified in the Agreement, the Parties are liable in accordance with the current legislation of Ukraine and the terms of this Agreement.
10.2. The total liability of the Contractor to the Customer for any claim or demand under this Agreement is limited to the amount of the service provided under this Agreement.
11. Final Provisions
11.1. The laws and regulations of Ukraine apply to this Agreement.
11.2. The Customer guarantees that they possess all the rights and powers necessary to conclude and execute the Agreement.
11.3. In the event of any disputes, the Parties must take measures for out-of-court settlement through joint consultations, sending pre-trial claims, and providing responses to such claims within 10 (ten) business days from the date of receipt.
11.4. The Parties recognize the legal force of documents drawn up in electronic form, which are sent by email to the addresses specified in the Agreement for the Contractor and to the addresses specified in the application for the Customer.
11.5. Unless otherwise provided by this Agreement, the usual contractual conditions established by law apply.
Contractor’s Details:
“Training Center of Seafarers” LLC
Address: Ukraine, 68003, Odesa region, Odesa district, Chornomorsk city, Kapitansky lane, building 1 A
Legal entity identification code: 44461997
Contact information:
Telephone: +380 (67) 800-83-38
E-mail: [email protected]