PUBLIC CONTRACT (OFFER)
Technical interview service
This document constitutes a formal, public offer by Miteyda Ramp UP, (hereinafter referred to as the "Contractor") to enter into this agreement (hereinafter referred to as the "Agreement") on the terms and conditions set forth below. Miteyda Ramp UP means Miteyda GmbH Limited Liability Company (Registration number: 201/5979/4706).
The offer to sign the Agreement is addressed to an unlimited number of individuals and legal entities (hereinafter referred to as the "Customer").
Clicking the "BUY" button on the registration page of the Internet resource means that the Customer, regardless of status (individual, legal entity, individual entrepreneur), has accepted the terms of the Public Offer Agreement, which are listed below.
TERMS AND DEFINITIONS
"Public Offer Agreement" means a public agreement, a sample of which is posted on the Website https://www.ramp-up.org and the application of which is mandatory for all third parties, containing the Contractor's offer to provide the Services described on the Contractor's Website, directed to an indefinite number of persons, including the Customers.
"Acceptance" means the Customer's acceptance of the Contractor's offer to purchase the Services, which are described on the Contractor's Website https://www.ramp-up.org, by purchasing the service.
"Offer" means this document - the Public Offer Agreement for the paid provision of Services, posted on the Internet at https://www.ramp-up.org.
"Service" means information and consulting services within the framework of the
"Technical Interview" offer, information about which is available on the Website https://www.ramp-up.org. The Services may be provided by means of telecommunication, electronic communication (including via the Internet).
"Agreement" means an agreement between the Customer and the Contractor for the provision of Services, which is concluded by accepting the Offer.
1. SUBJECT OF THE CONTRACT
1.1. Under the terms of this Agreement, the Contractor undertakes to provide the Customer with information and consulting services within the framework of the Technical Interview offer.
2. TERMS OF SERVICE
2.1. The Services provide for the provision by the Contractor to the Customer of information and consulting services to prepare for the future employment (or signing of a contract) by the Customer in the field of Information Technology as a specialist in the field of Information Technology, in particular, the Services include:
2.1.1. Conducting a mock interview.
2.1.2. Providing recommendations and analysis at the end of the Technical Interview.
2.2. The time of the Technical Interview shall be additionally communicated to the Customer by email, messages and the Customer's phone number used during registration on the website www.ramp-up.org.
2.3. The term for the provision of the Services shall not exceed 5 (five) business days.
3. PAYMENT METHOD
3.1.The price is determined and applied in accordance with the Service Package selected by the Customer, which is indicated on the website www.ramp-up.org or in advertising materials.
3.2. Payments for the Services are made by transferring money to the Contractor's account or through online payment systems used by the Contractor.
3.3 Payment for the Services shall be made in UAH equivalent according to the exchange rate established by the National Bank of Ukraine as of the day of payment.
3.4. The Services are provided on the terms of full prepayment by the Customer.
3.5. The Customer may not demand a reduction in the cost of the Services or a refund if he/she has not used the Services. The moment of completion of the Services is considered to be the moment when the Contractor sends an email with recommendations and analysis after the Technical Interview.
3.6. The Customer may receive a discount on the price of the Services. The terms of the discount for the Service Package shall be communicated to the Customer through advertising materials or by e-mail. The discount is not provided after the purchase of the relevant service
3.7. The Services shall be considered paid upon receipt of funds to the current account of the Contractor. The Contractor shall inform the Customer about the receipt of payment.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
4.1 The Contractor has the right to:
4.1.1. To use any methods and means for performance that do not contradict the requirements of this Agreement.
4.1.2. Request from the Customer the information necessary for the provision of the Services under this Agreement, and the Customer shall also provide the Contractor with confidential information if necessary for the performance of this Agreement.
4.1.3. Independently, at its sole discretion, engage third parties to provide the Services under this Agreement.
4.1.4. Terminate the provision of the Services in case of violation by the Customer of the requirements of clauses 6.2. and other essential terms of this Agreement
4.2 The Contractor undertakes to:
4.2.1. Provide the Customer with the Services specified in this Agreement in a timely and highly qualified manner.
4.2.2. In the event of circumstances that prevent the proper performance of its obligations under this Agreement, immediately notify the Customer thereof.
4.2.3. Take any necessary measures required for the proper fulfillment of its obligations under the Agreement.
4.2.4. The Contractor reserves the right at any time to supplement, move, modify, change, delete information materials posted on the Website.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The Customer has the right to:
5.1.1. Receive from the Contractor all necessary information about the Services provided. In particular and subject to clause 6.2. of this Agreement:
after the Technical Interview, receive recommendations and analysis in writing.
5.1.2. The Customer has the right to receive and use training and information materials provided by the Contractor.
5.2. The Customer undertakes to:
5.2.1. To fulfill the Contractor's requests, in particular and not exclusively:provide a resume upon request and within the time limits set by the Contractor;
in order to conduct a trial Technical Interview, appear for such an interview, which is conducted online at the time and using the resources agreed in advance with the Contractor;
provide other information necessary for the proper provision of the Services upon the relevant requests of the Contractor.
6. VALIDITY PERIOD AND CHANGES IN THE TERMS OF THE OFFER
6.1. The Contractor shall begin to provide services under this Agreement on the date of commencement of the Services.
6.2. The Agreement shall be concluded for a period of up to 5 (five) business days and shall enter into force from the moment of clicking on the "BUY" button, hereby the Customer agrees to purchase the Services available from the Contractor and shall be valid until the Customer receives the Services from the Contractor.
6.3. The Contractor reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its sole discretion. In case the Contractor makes changes to the Offer, such changes shall take effect from the moment the amended text of the Offer is posted on the Internet at www.ramp-up.org, unless another term for the entry into force of the changes is additionally determined during such posting.
7. INTELLECTUAL PROPERTY
7.1. All rights to the website and information materials belong to the Contractor. The intellectual property rights to the training and information materials provided to the Customer, including, but not limited to, images, videos, logos, graphics, sounds, belong to the Contractor. The information materials or parts thereof received by the Customer as a result of the provision of the Services under this Agreement are subject to the following restrictions: their use is limited by the Customer's obligation not to reproduce, repeat or copy, sell or assign, or use the materials for any other purpose, and not to transfer access to the received materials to third parties. The Customer may refuse to provide the materials at any time.
8. SECURITY AND DATA PROTECTION
8.1. By concluding the Agreement on the terms of this Offer, the Customer grants the Contractor the right to: a) collect, store and process, and destroy the Customer's personal data; b) send notifications to the Customer, send e-mail and SMS; c) inform the Customer about new products, services and services provided by the Contractor; d) send messages of an advertising and informational nature, including about goods and services provided by partners (with the possibility to refuse to receive such messages).
8.2. The Contractor shall take all reasonable administrative, physical, technical and other protective measures to properly manage information security.
8.3. If the performance of this Agreement provides for access to or processing of any information about identified or identifiable persons provided by the Customer (hereinafter referred to as "Personal Data" and "Personal Data Subjects" respectively), the Parties agree to comply with all protection requirements applicable to them in connection with the performance of the Agreement and applicable personal data protection legislation.
8.4. The Contractor shall process Personal Data only for the purpose of providing the Services under the Agreement, as well as for the purposes and in cases provided for by applicable law (including, without limitation, anti-money laundering legislation, financial, currency and debt collection legislation). The Contractor undertakes to process Personal Data in accordance with the legislation applicable to the Contractor, as well as in accordance with the protection obligations equivalent to those applicable to the Customer in accordance with the law. The Customer agrees to the provisions of this clause and guarantees that the aforementioned actions of the Contractor with respect to Personal Data are agreed with the Personal Data Subjects.
8.4. The Contractor shall have the right to transfer the Customer's personal data, as well as the Customer's confidential information to its employees, as well as to third parties involved by the Contractor in the provision of services under the Agreement, solely for the purpose of organizing the provision of services, while ensuring proper storage of confidential information and personal data.
9. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. In case of violation of their obligations under this Agreement, the Parties shall be liable as defined by this Agreement and applicable law. A breach of an obligation is its non-fulfillment or improper fulfillment, that is, fulfillment in violation of the conditions specified in the content of the obligation
9.2. The Contractor shall not be liable to the Customer if the Customer:
a) violated the terms and conditions of payment under this Agreement and/or
b) has not used the Contractor's services within the time limits specified by the Contractor on the relevant page of the Website https://www.ramp-up.org and/or by e-mail and/or other means of telecommunication;
9.3. The Contractor shall not be liable to the Customer for any direct or indirect losses incurred due to: the use or inability to use the Service, the resources of the website https://www.ramp-up.org and/or individual services of the Contractor; statements or behavior of any third party while receiving the Service.
9.4. In the event of disputes related to the Parties' performance of this Agreement, except for disputes regarding debt collection from the Customer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim shall be 7 (seven) calendar days from the date of its receipt. For disputes in connection with debt collection from the Customer, compliance with the claim procedure is not required.
9.5. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, shall be resolved in the appropriate court.
9.6. The aggregate amount of the Contractor's liability under the Agreement, including the amount of penalties (fines, forfeitures) and/or compensable losses under any claim or suit in respect of the Agreement or its performance, shall be limited to the price of the Services under the Agreement.
10. APPLICABLE LAW
10.1 This Agreement and any other non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the law of Germany or the law of another state at the Contractor's option.
11. FORCE MAJEURE AND FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall not be liable for failure to fulfill any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure and/or force majeure circumstances, i.e. events or circumstances that are really beyond the control of such Party, occurred after the conclusion of this Agreement and are unforeseen and unavoidable.
11.2. Force majeure and/or force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, damage to the Internet and telecommunications caused by accidents or adverse weather conditions, hazards and accidents, embargoes, disasters, restrictions imposed by governmental authorities (including allocations, priorities, official requirements, quotas and price controls, etc.), if these circumstances directly affect the performance of this Agreement.
11.3. The Party for which it became impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure and/or force majeure circumstances shall immediately inform the other Party of the occurrence of the above circumstances, and within thirty (30) calendar days provide the other Party with confirmation of such circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure and/or force majeure circumstances.
11.4. The time required for the Parties to fulfill their obligations under this Agreement shall be extended for any period during which the fulfillment of obligations was postponed due to the above circumstances.
11.5. If, due to force majeure and/or force majeure circumstances, the failure to fulfill obligations under this Agreement lasts for more than three months, each of the Parties shall have the right to terminate this Agreement unilaterally by notifying the other Party in writing.
Notwithstanding the occurrence of force majeure and/or force majeure circumstances, the Parties shall make final settlements before termination of this Agreement due to such circumstances.
12. OTHER TERMS AND CONDITIONS
12.1. The Contractor shall not be liable for the content and accuracy of the information provided by the Customer when placing an order.
12.2. Except for the warranties expressly stated in the text of the Offer, the Contractor does not provide any other direct or implied warranties under the Agreement and expressly disclaims any warranties and/or conditions regarding the preservation of rights, compliance of the Services with the specific goals of the Customer. The Contractor does not guarantee that the Services will meet the goals and expectations of the Customer or any other persons.
12.3. The Services are provided on an "as is" basis, and the Contractor expressly disclaims any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, etc.
12.4. The Contractor does not guarantee the employment (or signing of a contract) by the Customer in the field of Information Technology. The main purpose of the Services is to provide indicative recommendations and analysis that may help in the future employment (or signing of a contract) by the Customer in the field of Information Technology.
12.5. By agreeing to the terms and accepting the terms of this Offer by accepting the Offer, the Customer assures the Contractor and warrants to the Contractor that:
12.5.1. The Customer has provided reliable data, including the Customer's personal data for the execution of payment documents for the Services.
12.5.2. The Customer enters into the Agreement voluntarily, and the Customer:
a. fully familiarized with the terms of the Offer,
b. fully understands the subject matter of the Offer and the Agreement,
c. fully understands the significance and consequences of their actions regarding the conclusion and execution of the Agreement.
12.5.3. The Customer (the Customer's representative) has all the rights and powers necessary for the conclusion and performance of the Agreement.
12.6. If any of the terms of the Offer becomes invalid or contrary to applicable law, such provision shall be replaced by a similar one that best corresponds to the original intentions of the Parties contained in the Offer. The invalidity of certain provisions of the Offer shall not entail the invalidity of the Offer as a whole.
13. CONTRACTOR'S DETAILS
"MITEIDA GmbH"
Registration number: 201/5979/4706
Registered office: 68 Julicher Str., Aachen, 52070, Germany
tel.: +49 176 68716154
e-mail: info@miteyda.com
Sparkasse Aachen
Account name: Sichteinlagen
Owner: MITEYDA GMBH
IBAN: DE18390500001077093498
BIC: AACSDE33XXX