PUBLIC PROPOSAL
AGREEMENT (OFFER)
for the provision of entertainment and/or related services by purchasing a class service
AGENCY AGREEMENT

This document is an open offer (the Offer) of Sole Proprietor (FOP) B.V. Perevozchykov, a natural person–entrepreneur under the laws of Ukraine, identification code 3225424651, addressed to an unlimited number of persons, to conclude an agreement for the provision of agency services by selling a service (hereinafter, the Agreement) on the terms set out in this Offer.

In accordance with Articles 633, 638 and 641 of the Civil Code of Ukraine, this Agreement is a public agreement and, upon acceptance of the terms set out herein, any legally capable natural person, sole proprietor or legal entity becomes a party to the Agreement and undertakes to fulfil all of its terms.

The Offer enters into force from the moment it is published on the Internet at www.oys.com.ua , is valid indefinitely and remains in force until withdrawn by the Agent. The parties define the place of conclusion of this Agreement as the location of the Agent.

A natural person, hereinafter referred to as the “Principal”, acting on the basis of state registration, on the one hand, and

Sole Proprietor Borys Viktorovych Perevozchykov, hereinafter referred to as the “Agent”, acting on the basis of registration, on the other hand, jointly referred to as the “Parties”, have concluded this Agreement as follows:

DEFINITIONS:

In this document the terms and definitions below are used equally in the singular and plural with the following meanings:

Client – a person who has purchased or intends to purchase the services/products of the Principal with the assistance of the Agent.

Principal – a legal entity or sole proprietor that sells services/products to clients under this Agreement.

Agent – a natural person who undertakes to perform certain actions on behalf of the Principal aimed at attracting clients and has the right to publish information, including but not limited to advertising, about the Principal and its services/products in accordance with this Agreement.

“Agreement” (Offer) – this public agreement (offer) addressed to any natural person and/or sole proprietor and/or legal entity to conclude with it a public agreement for the provision of entertainment and/or related services by selling a class service (hereinafter may be referred to as a class or service) on the terms set out herein. Published by the Agent at: www.oys.com.ua (hereinafter referred to as the Agreement or the Offer depending on the context).

“Acceptance” – full confirmation and unconditional acceptance by the Principal of all terms of this Offer.

“Website” – www.oys.com.ua – the website that serves as a marketplace enabling Principals to find buyers/students, etc.

“System” (automated system for selling/booking classes) – the Agent’s software and hardware complex intended for managing the sale of classes, recording transactions and enabling the booking (reservation), ordering and purchase of Classes, with independent access of Buyers/the Principal to certain parts of it via the Internet on the Website.

Class in the system record – a document generated by the System in electronic digital form (a set of parameters and statuses in the System): the price, the amount of the Service Fee, the name of the class, the place, date and time of the class and other additional information of a legal or technical nature.

“Nominal price of the class service” – the price of the class service set by the Principal

“Price of the class service” (order) – the total of the Nominal price of the class service and the Related services.

“Buyer” – a natural person who has reached the age of majority under the laws of their country of citizenship and/or a sole proprietor and/or legal entity to whom the Agent provides services for booking, processing and selling Classes on the terms of this Offer

“Class” – a sports Class, including but not limited to training, instruction, a lecture, a sports competition, a conference, including of an educational nature, a workshop and any other set of actions aimed at providing a service at one place and time, united by a common purpose and nature, which may be attended only upon presentation of a special document – the class service and/or Electronic class service. The Class is conducted by the Agent/Principal.

“Related services” – services inseparably connected with the procedure of selling the class service through the System, provided by the Agent and performed by the Principal directly during such class.

“Service Fee” – part of the price of the Agent’s Related services paid by the Principal simultaneously and together with the Nominal price of the class service in order to cover (compensate) the Agent’s costs arising from organising the sale of Classes, including but not limited to technical support of Class sales, maintenance of the Agent’s infrastructure, information security, compensation of the cost of financial transactions (acquiring), providing information to Buyers and processing Orders. The amount of the Service Fee for each class service is determined by the Agent by agreement with the Agent, or by the Agent independently as a percentage of the Nominal price of the class service or as a fixed amount.

“Additional services” – part of the price of the Agent’s Related services not included in the Service Fee, which the Organiser may additionally provide to Buyers for an extra charge, the amount of which is determined by the Agent independently.

“Cancellation” – refusal of classes no later than 2 calendar days before such Classes. If no cancellation is made within this period, the money for the Class is not refunded

“Principal” – a legal entity, sole proprietor or person engaged in independent professional activity who instructs the Agent to provide services for the sale of Classes on its behalf.

“Personal data” – information or a set of information about a natural person by which that person is identified or can be specifically identified (including but not limited to: surname, first name, gender, contact phone number, city, etc.).

“Certificate” – a document generated using the System that entitles the holder to partial or full payment of the price of the class service(s) when placing an order on the Website, where the barcode/number must be entered in the relevant section, after which the Certificate becomes void and cannot be reused.

“Subscription” – a document certifying the right of a Participant (third party) to receive class services on certain days and containing all necessary information on the number of Classes, etc.

“Agent” – a legal entity (entities) authorised on the basis of agreements concluded with the Principal to provide services for booking, processing and selling Classes for various Events.

1. Subject of the Agreement

1.1. The Principal instructs, and the Agent performs on the terms of this Agreement, actions aimed at finding and attracting clients (hereinafter, “Clients”) who intend to order services and/or Products of the Principal in Ukraine or abroad. On the Principal’s instruction, the Agent receives funds from Clients and transfers them to the Principal in the manner provided for by this Agreement.

Actions aimed at finding and attracting Clients for the purposes of this Agreement are:

• Placing advertising and running advertising campaigns aimed at attracting Clients to the Agent’s website.
• Placing the Principal’s products and services on the Agent’s website/resource.
• Receiving and processing Orders from Clients on the Agent’s website and subsequently passing the Orders to the Principal.

1.2. For placing and selling services for attracting Clients, the Principal pays the Agent a fee.

2. PRECONDITIONS

2.1. This Agreement (Offer) governs the terms and procedure for selling Classes, as well as the related rights and obligations of the Agent, the Buyer and the Principal.

2.2. Classes (including Electronic Classes) are sold to the Buyer exclusively on the terms of this Offer and only upon full and unconditional acceptance of all terms of this Offer by the Principal (acceptance of the Offer). Partial Acceptance, or Acceptance on other terms, is not permitted. The Principal’s use of the Agent’s services on the terms proposed in this Offer evidences the conclusion of this Agreement between them.

2.3. The provisions of this Offer may be changed by the Agent without any prior notice to and/or consent of Buyers. The new version of the Offer enters into force from the moment it is published on the Website (and, if necessary, at Points of sale), unless otherwise provided by the new version. The Principal’s use of the Agent’s services after changes to the Offer means Acceptance of the Offer as amended.

2.4. By registering on the Website, the Buyer guarantees that they have reached the age of majority under the laws of their country of citizenship.

2.5. The terms of this Offer apply both to Buyers paying via the Website and at Points of sale, regardless of the form of payment.

2.6. The Agent has the right to terminate the Offer at any time without prior notice to the Buyer if the latter breaches the terms of this Offer or other rules.

2.7. In compliance with the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language”, all information on the Website is placed and published in Ukrainian. The Buyer may, at their discretion, choose another language of the Website (English, if available).

2.8. The Agent has the right to distribute Classes independently and, at its discretion, to transfer such rights to third parties without additional agreement with the Buyer and/or the Principal.

2.9. This Agreement is non-exclusive; the Agent has the right to represent other business entities and to conclude any other agreements without any additional consent of the other party.

1. Procedure for providing services

3.1. The Agent publishes on its own website information about the Principal’s Products/Services and the services it provides, their price, delivery and payment terms, and other information necessary for a Client to place an Order. This information is provided to the Agent by the Principal, who is responsible for its completeness and accuracy

3.2. Orders are fulfilled by the Agent’s own efforts and means within the time agreed in the Order.

3.3. If an Order is cancelled, authorised representatives of the Agent contact representatives of the Principal to clarify the details of the refusal and inform them of the reasons for it.

1. Procedure and terms of payment for services rendered

4.1. The Principal undertakes to pay the Agent a fee of 31% (thirty-one) percent of the value of the Orders transferred by the Agent to the Principal, unless another method of payment is agreed by the Parties.

4.2. The Agent provides the Principal with a report on the orders transferred for the reporting period no later than the 10th (tenth) day of the month following the reporting month. The reporting period is 1 calendar month. The report is approved by email.

4.3. The Principal transfers the agency fee to the Agent’s current account within 5 (five) business days from receipt of the Agent’s invoice by email.

4.4. If non-cash payments are received from a client to the Agent’s account, the Agent transfers the funds, less the Agent’s fee, to the Principal’s account within 30 (thirty) business days of receipt.

4.5. All payments under the Agreement shall be made by bank transfer to the account specified by the Agent in this Agreement, in the national currency of Ukraine

1. Rights and obligations of the Parties

5.1. The Agent undertakes to:

5.1.1. Carry out the activities necessary to place the Principal’s Services on terms of full financial independence. Costs of carrying out the Principal’s instructions are included in the fee under this Agreement.

5.1.2. Communicate to Clients accurate information on the terms of providing Services and selling the Principal’s products in accordance with the data provided by the Principal.

5.1.3. Duly provide services in accordance with the provisions of this Agreement.

5.1.4. Provide the Principal with a Certificate of completed work from the sales system (website).

5.1.5. If it is impossible to perform its obligations accurately and on time, promptly notify the Principal of such circumstances and the options for eliminating them.

5.2. The Agent has the right to:

5.2.1. Demand timely payment from the Principal for services rendered, where they have been rendered.

5.2.2. Engage third parties to provide services under this Agreement while retaining full responsibility to the Principal for the fulfilment of this Agreement.

5.2.3. Participate in the loyalty programme and various promotions run by the Principal.

5.2.4. Provide Clients, by publishing on the website and by other means, with information about the Principal’s services/products, and receive all necessary information from the Principal in full.

5.2.5. In the event of disputes, deviate from the terms of the Agreement if they contradict the current legislation of Ukraine.

5.3. The Principal undertakes to:

5.3.1. Provide the Agent, for publication on the website, with necessary, accurate and sufficient information about the Principal, the range of the Principal’s products and services, their price, the possible time for fulfilling Orders, payment terms and other information directly related to the provision of the Principal’s Services and sale of its Products. The Principal is responsible for the accuracy, reliability and completeness of this information.

5.3.2. Fulfil Clients’ Orders received from the Agent with due quality and in full within the specified time.

5.3.3. Immediately notify the Agent of circumstances that affect and/or may affect the performance of this Agreement.

5.3.4. Accept the Agent’s report. The Principal must notify the Agent in writing of any objections to the report within 5 (five) business days of receipt. The Principal sends objections to the Agent by email. The absence of objections from the Principal within this period means the Principal has accepted the Agent’s report in full.

5.3.5. Accept and sign the Certificate of completed work within 2 (two) business days of receipt. The Principal sends objections to the Agent by email. The absence of objections from the Principal within this period means the Principal has accepted the Agent’s Certificate in full.

5.3.6. Pay the agency fee in the manner and within the time limits provided for by this Agreement.

5.3.7. Upon signing the Agreement, provide the Agent with duly certified copies of the documents confirming the Principal’s right to engage in business activity.

5.3.8. Assist the Agent in fulfilling its obligations under this Agreement.

5.4. The Principal has the right to:

5.4.1. Demand that the Agent provide services in the manner established by this Agreement.

5.4.2. Receive all information on the volume and quality of the services provided by the Agent.

5.4.3. Send the Agent reasoned objections if it disagrees with the report or the Certificate of completed work received from the Agent.

1. Terms of Order cancellation

6.1. The Agent provides the Principal with information on refusals and possible changes to an Order in writing by email. The Agent undertakes to provide such information within 2 hours of receiving it from the Client.

6.2. Cancellation of an Order by the Client, as well as the Client’s refusal of services, does not entail penalties for the Agent.

1. Special terms

7.1. If the Principal intends to change the price or list of services, it must notify the Agent 2 (two) business days before the intended start date of such changes by sending a written notice to the Agent’s email.

7.2. Changes are published on the Agent’s website within the time agreed by the parties.

7.3. The Parties have agreed that, in performing this Agreement, they will maintain constant contact by exchanging correspondence via email/messenger/shared chat.

8 Additional terms

8.1. This Offer contains the terms on which, if agreed to and complied with, the Buyer may acquire services by purchasing a class service from the Agent, and it applies to all ways in which the Principal places an Order and all forms of payment. The essential and additional terms of the concluded Agreement and/or offer for the provision of classes and/or services and of the Agreement for the provision of Related services are contained in the offer for ordering the service by the Buyer and in the Order placed

8.2. As a result of purchasing a class service in order to consume the Class service, the Buyer must take all measures depending on them, such as:

8.3.1. order and pay for the class (the procedure is described in a separate section of this offer).

8.3.2. arrive/connect to the class on time when the Class is held and read the Rules for attending the Class, unless otherwise specified in the Agent’s terms stipulated when ordering the class service. A class may be attended/joined only once. Once the Buyer has attended the class, reuse/rescheduling is not possible, even upon presentation of a redeemed class service. The scheduled start of the class is agreed when ordering the class service and is stated in the order. If the Buyer, through their own fault or on their own initiative, did not arrive on time and/or did not connect to the class and/or left the Class before its start or end, the Agent and the Principal, provided the class was held, are deemed to have duly fulfilled the terms of the Agreement for the provision of the class service (having given the Buyer access to the Class and the opportunity to consume the service) and bear no liability to the Buyer and/or the Principal for the Buyer not receiving the service (in this case the money is not refunded to the Buyer under any circumstances).

8.3.3. not leave the Class on their own initiative before it ends. If the Buyer leaves before the end on their own initiative, the service is deemed to have been provided/consumed by the Principal/Buyer in full and properly (in this case the money is not refunded to the Buyer under any circumstances).

8.3.4. not violate the Rules of conduct at the Class established by the Agent and/or the Principal. Such Rules are partly set out in the offer and may be supplemented/changed by the Agent and/or the Principal;

8.4. The Agent’s Related services are ordered and consumed by the Buyer at the moment they place an Order for the class service under the procedure set out in the Offer, before the Principal pays the Service Fee as part of the Price of the class service.

8.5. The Principal is responsible for the proper provision of services/classes to the Buyer.

9. PROCEDURE FOR ORDERING CLASSES (CONCLUDING THE AGREEMENT)

9.1. By placing an order, the Buyer confirms that they have read all the terms of this Offer and the Rules of conduct at the Class, that these terms are clear to them, and that they undertake to comply with them properly and in full.

9.2. Classes are ordered in one of the following ways:

9.2.1. online, by accessing the System from a web browser, going to the Website and completing the procedure for ordering and paying for the class service;

9.2.2. at a Point of sale by completing the procedure for ordering and paying for the class service.

9.3. The procedure for ordering the Agent’s class service and the Agent’s Related services (agreement and confirmation by each party of all essential and additional terms of the agreements being concluded) involves the following mandatory stages:

9.3.1. the Buyer selects a specific date of attending the Class and the time they wish to purchase, which is freely available for sale by the Agent (i.e. not reserved, booked or sold at the time of the Order);

9.3.2. the Buyer confirms their consent to purchase the selected class service by confirming their agreement with the final Order amount (the Price of the class service). The Buyer gives this confirmation by clicking the relevant button containing the confirmation of consent when ordering via the Website. This confirmation is deemed the Buyer’s full consent to the terms of purchasing the selected Entertainment service of the Agent and the Agent’s Related service. By giving this confirmation, the Buyer unambiguously confirms that they have received, in a timely manner and in advance, the necessary, accessible, reliable and unambiguous information provided for by the Law of Ukraine “On Consumer Protection” about the Entertainment service and Related services, enabling an informed and competent choice, and that this information is fully clear, acceptable and sufficient for them in form and scope.

9.3.3. the Agent confirms the possibility of ordering the service and the Related service by the Buyer purchasing the class service selected in the Order. The Agent gives this confirmation in writing via the Website (if the Order is placed via the Website). After the Principal confirms consent to purchase the selected class service and the Agent confirms that the Buyer can purchase it, the class service is deemed Ordered.;

9.3.4. Payment for the class service may be made in cash or by non-cash means at the Buyer’s choice (from those offered on the Website), made when placing the Order. The bank or payment system through which the Buyer pays is responsible for storing and protecting the data of such payment instruments and for executing the payment. Non-cash payment by payment order is deemed made when the Agent receives the funds on its current bank account. Non-cash payment by payment instruments is deemed made when the Agent receives electronic confirmation of the transaction from the payment system operator, subject to subsequent crediting (receipt) of funds in the amount of the Price of the ordered class service(s) to the Agent’s bank account. When paying by payment order or through payment systems, banks or payment system operators may charge the Buyer a separate fee for settlement and cash services, which is not included in the Price of the class service.

9.4. By purchasing and/or obtaining access to a Class and/or group class (hereinafter, the “Class”), Buyers automatically agree to follow all rules and instructions established by the Agent of the Class. Purchasing/obtaining a class service is the Buyer’s own conscious choice. Purchasing/obtaining a class service constitutes the Buyer’s consent to attend the Class. The Buyer independently assesses, at their own discretion, their psychological and emotional state and all consequences, including reactions and impressions of what they see. The Agent is not responsible for Buyers, their reactions and the consequences of what they see, or for meeting their expectations during and after the Class.

9.5 The decision to purchase/obtain a class service for minors is made by parents/guardians/persons authorised to make decisions on behalf of the minor.

1. By purchasing/obtaining a class service, Buyers undertake to comply with the rules of conduct established by the Agent and the current legislation of Ukraine, including the rules of conduct in public places and the Laws of Ukraine, orders of the Cabinet of Ministers of Ukraine and local authorities on quarantine rules and restrictions to counter the spread of COVID-19.
2. an invitation to a Class cannot be returned/exchanged/resold and is valid once.
3. Classes are sold by the Agent on the official website of the Class (www.oys.com.ua ).
4. an invitation is valid for one person for one visit to the Class. The time and date are stated on the invitation. A Class cannot be replaced/extended/rescheduled.

1. Liability of the Parties

10.1. For breach of the terms of this Agreement, the Parties bear liability provided for by the current legislation of Ukraine.

10.2 . If the Principal is late in paying the fee under this Agreement, the Principal must pay the Agent a penalty of double the discount rate of the National Bank of Ukraine for each day of delay. In addition, the Agent has the right to suspend the provision of services under the Agreement until it receives the due amount from the Principal.

10.3 . The Principal bears full responsibility for the content and accuracy of the information provided to the Agent. By signing this Agreement, the Principal confirms and guarantees that it lawfully uses the trademarks and other means of individualisation placed on the Agent’s website on the Principal’s instructions under this Agreement.

10.4 The Principal bears full responsibility for the quality of its products and services and confirms that it has all permits and licences to conduct business. The Agent is not responsible for the quality of the Principal’s products and services or for the Principal’s lack of relevant permits and licences if complaints are received from any third parties.

10.5 Within 10 (ten) days of the Agent’s written demand, the Principal must compensate all losses incurred by the Agent due to inaccurate information provided by the Principal or due to infringement of third parties’ rights to trademarks (other means of individualisation).

10.6 Forfeits and fines provided for by this Agreement are paid upon the written demand of a party, on the basis of an invoice, within 10 (ten) calendar days from the date the guilty party receives these documents. In the absence of a written demand by the entitled party, no forfeit (fine) is charged or paid.

10.7 If the Principal breaches the terms of the Agreement set out in clause 6.1, the Agent is released from responsibility for the accuracy and correctness of the information published on its website.

11 Confidentiality

11.1 . All commercial, financial or other information provided by the Parties to each other in connection with the performance of this Agreement is confidential and may not be disclosed to third parties without the consent of the relevant Party. This provision does not apply to disclosure of confidential information in accordance with the current legislation of Ukraine; in that case, the other Party shall be notified of any compulsory disclosure of confidential information.

12 SPECIAL PROVISIONS ON ELECTRONIC CLASSES

12.1 When purchasing an Electronic class service, the Buyer in any case undertakes to provide their valid email address and phone number and to state the surname and first name of the recipient of the class service (in some cases, passport details if required by the Laws of Ukraine and/or the Principal and/or the Agent). If such information (a valid email address, phone number, surname and first name of the Buyer and recipient of the class service, passport details) is not provided, or if false or invalid information is provided, the Agent may refuse to sell the Electronic class service to the Buyer.

12.1.1 If, when purchasing a class service, the Buyer provides (enters) inaccurate information about themselves, neither the Agent nor the Principal bears any responsibility for the quality and timeliness of the services.

12.2 The Buyer accepts and agrees that they bear full responsibility for providing an incorrect or invalid email address.

13 PROCEDURE FOR TERMINATING THE AGREEMENT

13.1 . An Order is deemed cancelled on the Buyer’s initiative, and the parties’ obligations under the Agreement for the provision of the service concluded between the Agent and the Principal are terminated, if:

13.1.1 The Buyer did not arrive/connect at the scheduled start time of the Class and/or violated the Rules of conduct at the Class and, as a result, was not admitted to the Class or was removed/disconnected from the class before it ended. In this case, the price of the class service paid by the Buyer is not refundable.

13.2 An Order, as regards this Offer, is deemed cancelled on the Principal’s initiative, and the parties’ obligations under the Agreement for the provision of the service concluded between the Agent and the Principal are terminated, if:

13.2.1 The Principal cancelled its Classes (and notified the Agent in writing);

13.2.2 The Principal did not hold the Class at the place and time specified when the service was purchased, as a result of which a Buyer who arrived/connected on time could not receive the ordered service through the Principal’s fault; in this case the Agent notifies the buyer of the new date and/or time of the Class.

13.2.3 After the class service was purchased, the Principal rescheduled the Class or made other critical changes to the Class, of which it notified the Buyer, and the Buyer did not agree to such changes and wishes to get a refund without exchanging for another time.

13.2.4 In the cases specified in clause 10.3 of this Offer, a Buyer who did not receive the service has the right to demand that the Principal refund the Nominal price of the class service in accordance with section 11. The price of Related services (Service Fee, Additional services) provided by the Agent is not refundable.

14 Force majeure

14.1. The Parties are released from liability for partial or complete failure to fulfil their obligations under this Agreement if such failure results from force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events, namely: natural disasters, epidemics, fires, floods, explosions, terrorist acts, military operations, uprisings, embargoes, international sanctions and other circumstances that make it impossible for the Parties to fulfil their obligations under this Agreement.

14.2. The Party affected by force majeure must notify the other party within 1 (one) business day, providing independent confirmation of the force majeure circumstances issued by a competent state or administrative authority. Unless otherwise provided by law, a certificate issued by the Chamber of Commerce and Industry of Ukraine is sufficient confirmation of force majeure.

14.3. The Parties are released from liability for complete or partial failure to fulfil their obligations under this Offer if such failure results from force majeure circumstances that arose after the conclusion of this Offer and which the Parties could neither foresee nor prevent by reasonable measures.

14.4. Force majeure circumstances are extraordinary and unavoidable circumstances that objectively make it impossible to fulfil obligations under the terms of an agreement (contract, deal, etc.) or duties under legislative and other regulatory acts, namely: threat of war, armed conflict or a serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargo, acts of a foreign enemy, general military mobilisation, military operations, declared and undeclared war, acts of a public enemy, unrest, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, mutiny, uprising, mass disorder, imposition of a curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, unlawful acts of third parties, fire, explosion, prolonged interruptions in transport regulated by the relevant decisions and acts of state authorities, closure of sea straits, embargo, prohibition (restriction) of export/import, etc., as well as those caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, windstorm, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, mountain passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.

14.5. The existence and duration of Force majeure circumstances is confirmed by a certificate of the Chamber of Commerce and Industry of Ukraine in the established form.

14.6. The Buyer agrees that if the Principal reschedules the Class due to Force majeure circumstances, the money paid for the class is not refunded to the Buyer, and all classes remain active and valid for the new time of the Class.

14.7. Orders of state and local authorities on any prohibitions or restrictions affecting the holding of the Class are also force majeure circumstances and release the Agent from liability for non-fulfilment/improper fulfilment of the terms of the Agreement.

15. Final provisions

15.1. This Agreement enters into force when signed by both Parties and remains valid until 31 December 2025.

15.2. The Agreement is deemed extended for each subsequent year if neither Party notifies the other in writing of its termination 30 (thirty) days before the expiry of the Agreement, provided that the Parties have settled all accounts in full.

15.3. The Parties have undertaken to resolve disputes under this Agreement through mutual negotiations and consultations. Disputes not resolved within 15 (fifteen) business days from the date of submission of a written claim, with a postal mark of its delivery to the relevant Party, are subject to consideration in court in the manner established by the current legislation of Ukraine.

15.4. All amendments to the Agreement are executed electronically, signed by both Parties and form an integral part of this Agreement. No oral agreements of the Parties are valid unless executed as an additional agreement and signed by both Parties.

15.5. All Annexes duly signed (including by electronic signatures) by both Parties that supplement or amend certain provisions of the Agreement form an integral part of this Agreement.

15.6. In all other matters not covered by this Agreement, the Parties are guided by the current legislation of Ukraine.

15.7. This Agreement is concluded as a public offer in Ukrainian.

16. PERSONAL DATA

16.1. By placing an Order, the Buyer provides the Agent with their Personal data and/or personal data of other persons (Buyers, etc.) when ordering a class service via the Website. By providing such personal data, the Buyer grants the Agent a perpetual, irrevocable and free right to process it in any way, including but not limited to collecting, accumulating, holding, storing, adapting, changing, updating, using and disseminating (distributing, selling, transferring), anonymising and destroying such personal data. These actions may be carried out in documentary, electronic and oral form.

16.1.1. If, when placing an Order, the Buyer provides the Agent with personal data of other persons, the Buyer thereby confirms that they have previously obtained their permission to transfer the data to the Agent and for the Agent to store, use and process it indefinitely. The right to use and process personal data received from the Buyer includes, among other things, the Agent’s right to send advertising (posters) to the phone numbers and email addresses received.

16.2. The Buyer’s personal data is processed and used in accordance with the legislation of Ukraine (including but not limited to the Law of Ukraine “On Personal Data Protection” No. 2297–VI of 01.06.2010). The Buyer grants the Organiser a perpetual, irrevocable and free right to process and use their personal data in connection with providing the Buyer with the Services stipulated by this Offer, including for the purpose of the Principal receiving advertising messages about Classes sold by the Agent. Since the Buyer’s personal data is processed in connection with the performance of an agreement concluded on the terms of this Offer, the Buyer’s separate consent to the processing of their personal data is not required. The period of use of the personal data provided is unlimited. The Buyer guarantees and is responsible for the data specified in the Order having been provided voluntarily by them and by third parties when processing the class service, and for all these persons having read and agreed to the terms of this Offer.

16.3. The Parties have the right to transfer the personal data received, either as part of a database or separately, to third parties only for the purpose of fulfilling the terms of this Offer and/or upon receipt of a request from a third party (supervisory authorities), and the other Party shall not in that case claim or be entitled to any fee or other compensation. This consent is given by the Party taking into account the requirements of Art. 7, Art. 8 and Art. 11 of the Law of Ukraine “On Personal Data Protection”.

17. INTELLECTUAL PROPERTY

17.1. The set of programs, data, trademarks, copyright objects and other objects used on the Website is the intellectual property of its lawful right holders and is protected by the intellectual property legislation of Ukraine and by the relevant international treaties and conventions. Any use of elements, symbols, texts, graphics, programs and other objects forming part of the Website without the permission of the Agent or another lawful right holder is unlawful and may lead to legal proceedings and civil, administrative and criminal liability of the infringers in accordance with the current legislation of Ukraine.

17.2. Any advertising materials placed by the Agent on the Website (intellectual property objects, including but not limited to photographs, drawings, works, marks for goods and services {trademarks}, videos, etc.) provided by the Principal for the purpose of selling the service become public. Under the terms of the agreement, the Principal undertakes, independently and at its own expense, to settle all issues related to the placement and use of the above advertising materials by the Agent.

17.3. To protect copyright and related rights, any video/photo recording during a Class is prohibited, including on professional or other equipment or any devices that perform photo/video recording, including without memory, that reproduce online broadcasts/streams, etc. The exception is short videos (up to 1 minute) for social networks with a mandatory tag of the agent’s social page – https://www.instagram.com/oys.com.ua/

17.3.1 All materials, services, etc. provided through the resource/website/with the help of the Agent are intellectual property rights, including property rights, of the Agent.

17.3.2 The Agent has the right to use any materials (audio, video, streams, etc.) obtained through the resource/website/with the help of the Agent for advertising, positioning, explanation, presentation, etc. at its own discretion without consent or notice

18. LIABILITY OF THE PARTIES

18.1. The Agent is liable only under the Agreement for the provision of services concluded with the Principal and is not a party or obligated person under the Agreement for the provision of the class service concluded between the Customer and the Principal.

18.2. The Principal is liable to the Buyer for failure to provide or improper provision of the service under the concluded Agreement for the provision of the service.

18.3. The Parties are not liable if the quality of the service or Related service does not meet the Buyer’s subjective expectations that are not stipulated in this Offer and not specified in the order. The Buyer understands and agrees that their psychological and emotional state and all consequences, including reactions and emotional and aesthetic impressions of the Entertainment service received, may not meet or match their subjective expectations formed on the basis of information distributed not by the Agent and not on its order, and therefore such a mismatch is not considered improper provision of the service.

18.4. The Agent bears no responsibility for the rescheduling, replacement, change or cancellation of a Class, or for the preparation and holding of a Class.

18.5. The Buyer agrees that disclosure (loss, etc.) of the order may result in losing the opportunity to use the class. The Agent bears no responsibility for who attends the Class and is not the Principal and/or its representative.

18.6. The Agent bears no responsibility for any losses and moral damage suffered by the Principal as a result of misunderstanding and/or not understanding the information on the procedure for placing/paying for an Order or receiving Related services.

18.7. The Agent bears no responsibility for any losses arising from the activities of Buyers on the Website. Under no circumstances is the Agent liable to Buyers or third parties for any direct or indirect losses, including lost profits.

18.8. The Agent bears no responsibility for the actions/inaction of banks and payment systems or for delays related to their operation.

18.9. The Agent bears no responsibility for the actions of the Principal and/or the Buyer and/or third parties selling Classes on their own behalf and/or on behalf of the Principal or the Agent, nor for the organisation and fact of holding the Class.

18.10. Classes are sold by the Agent on the official website of the Class (www.oys.com.ua ).

19. DISPUTE RESOLUTION

19.1. Disputes arising in the performance of the Agreement on the terms of this Offer are resolved following a claims procedure. A claim is submitted to the Agent in writing with the documents substantiating the claims attached, within no more than 10 (ten) banking days from the date the cause of the dispute arose. The claim is considered by the Agent within no more than 10 (ten) banking days.

19.2. If any disputes arising from or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, cannot be resolved through negotiations, such disputes are considered in court at the Agent’s location in accordance with the current legislation of Ukraine.

19.3. All and any disputes between the Principal and the Agent arising from the Agreement for the provision of the service shall be considered in court at the Agent’s location.

19.4. In all other matters not provided for in the Offer, the Parties are guided by the legislation of Ukraine.

19.5. This Agreement is governed by and construed in accordance with the legislation of Ukraine. Matters not regulated by this Agreement are resolved in accordance with the current legislation of Ukraine.

19.6. A court’s recognition of any provision of this Agreement as invalid or unenforceable does not invalidate or render unenforceable the other provisions of this Agreement.

20. NOTICES

20.1. By placing an Order, the Buyer and the Principal give the Agent perpetual consent to receive any advertising and informational messages via messengers and/or to the email address/phone number provided by the Principal and the Buyer when ordering the class service.

20.2. Informational messages are intended for a wide range of potential buyers and are published on the Website and/or sent to the email addresses/phone numbers of Buyers who have previously placed Orders.

20.3. The Buyer has the right to opt out of advertising and informational messages (except system messages) sent to messengers and/or to the email address/phone number specified when placing the Order at any time using the functionality of such services or by written request to the Agent.

If you have any questions or comments, please contact us using the contact details on the website: www.oys.com.ua

21. SPECIAL PROVISIONS

21.1. The following are not admitted to Classes:

• Buyers under the influence of alcohol/toxic substances/drugs or any other kind of intoxication. If admission is refused on this ground, the money is not refunded or compensated;
• Buyers who are aggressive towards Class staff/other Buyers/property and the Class, etc.; if admission is refused on this ground, the money is not refunded or compensated;
• Persons suspected of using alcohol/narcotic/psychotropic substances, including of distributing them, and wanted persons; if admission is refused on this ground, the money is not refunded or compensated;

Strictly prohibited

• Consuming alcoholic drinks/tobacco products (in any form, including e-cigarettes, vapes, etc.) during the Class
• Making video/photo recordings of the Class or any of its elements on any kind of device, including mobile phones; The exception is short videos (up to 1 minute) for social networks with a mandatory tag of the agent’s social page – https://www.instagram.com/oys.com.ua/
• Creating situations that risk injury to oneself or other Buyers of the Class. Causing harm to other Buyers or the Principal;
• Disturbing other Buyers of the class (shouting/teasing/humiliating or otherwise interfering with Buyers);
• Eating and drinking during the Class.
• Performing any actions contrary to moral and social norms and the ethics of behaviour in public places.

Sole Proprietor Borys Viktorovych Perevozchykov

Taxpayer ID 3225424651

Ukraine, Kyiv, 5 Mykoly Holeho St., premises 405A

Tel.: +380933856113

E-mail: oyscomua@gmail.com

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