1. GENERAL PROVISIONS

1.1. Sole Proprietor Oleksii Donchenko (hereinafter referred to as the “Contractor”), acting on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Formations, hereby offers to an unlimited number of persons the opportunity to receive informational services under the terms and conditions of this Public Offer Agreement (hereinafter referred to as the “Agreement”).

1.2. Legal entities and individuals (hereinafter referred to as the “Customer”), by ordering and paying for the informational services, confirm their acceptance of the Contractor’s offer (acceptance) under the terms and conditions specified below. The Contractor and the Customer shall hereinafter be jointly referred to as the “Parties”, and individually as a “Party.”

1.3. In the event that the Customer disagrees with the terms and conditions of this Agreement, the Contractor advises the Customer not to make any payments and to refrain from using the informational services provided on the website https://skill4ever.com (hereinafter referred to as the “Website”). The provisions of this Agreement apply to all informational services available for purchase on the Website.

2. SUBJECT OF THE AGREEMENT

2.1. The Customer orders, and the Contractor undertakes, upon the Customer’s request, to provide services related to the placement of the Customer’s informational materials on the Internet via the Website (hereinafter referred to as the “Services”), while the Customer agrees to accept and pay for the Services within the time frame and under the terms stipulated by this Agreement.

2.2. The Services under this Agreement include the placement of informational materials and/or other services ordered and paid for by the Customer.

2.3. The list of Services, their cost, terms, and payment procedures shall be specified in the Invoices and Service Delivery Certificates (Acts of Services Rendered).

2.4. The Parties agree that it is strictly prohibited to place on the Website any informational materials, including job postings, that: contain offers of or imply intimate services; offer online earnings or schemes promising quick enrichment; involve spam distribution; relate to multi-level (network) marketing; involve the solicitation of financial investments; contain advertisement-style text; or otherwise fall under similar prohibited activities.

2.5. The Customer retains all proprietary rights to the informational materials submitted to the Contractor, as well as to any materials created by the Contractor in accordance with paid orders under this Agreement.

2.6. The Contractor retains proprietary rights to the Website https://skill4ever.com, including all images, textual materials, and other objects of copyright and/or related rights that form part of the Website.

3. PAYMENT PROCEDURE AND SERVICE PROVISION

3.1. After reviewing the terms of this Agreement and selecting a specific type of Service, the Customer may:

3.1.1. Submit a Service Order to the Contractor’s email address: skill4ever.team@gmail.com;

3.1.2. Independently generate an invoice on the Website and make a payment using the available online payment services.

3.2. Upon receiving a Service Order as outlined in clauses 3.1.1 or 3.1.2 of this Agreement, the Contractor shall issue an invoice to the Customer for the selected Service(s).

3.3. Payment for the Services under this Agreement shall be made by the Customer via non-cash transfer to the Contractor’s bank account indicated in the respective invoice, as a 100% advance payment prior to the commencement of service provision.

3.4. The Contractor shall commence performance of its obligations under this Agreement no later than the next business day following the receipt of full payment to its current bank account for the respective Service Order.

3.5. The Services shall be deemed provided by the Contractor upon their activation in the Customer’s personal account on the Website, in full accordance with the Service List specified in the invoice, displayed in the “Service Packages” section, and available for the Customer’s use.

3.6. The validity period of all Services provided by the Contractor shall be one (1) month from the date of activation in the Customer’s personal account, with automatic renewal upon payment until the subscription is canceled. If the Customer fails to use the Services within the specified period, and the Contractor has duly fulfilled its obligations, the payment made shall not be refunded.

3.7. Within five (5) business days following the activation of the purchased Services in the Customer’s personal account on the Website, the Contractor shall prepare a Service Delivery Certificate (Act of Services Rendered) and send it to the Customer for signature via electronic document exchange tools, provided that the Customer has access to such tools.

3.8. The Customer shall, within five (5) business days from the date of receipt of the Service Delivery Certificate, sign and return one (1) copy to the Contractor, or within the same period, provide a written and reasoned refusal to sign.

3.9. If the Customer fails to sign or provide a reasoned written refusal to sign the Service Delivery Certificate within the period specified in clause 3.8, the Services shall be deemed duly rendered and accepted by the Customer without any reservations. In case of a justified refusal, the Parties shall prepare a Deficiency Report, specifying the identified shortcomings and the timeframe for their correction.

3.10. If the Customer uses electronic document management systems, Service Delivery Certificates shall be transmitted through the “Vchasno” electronic document exchange platform (hereinafter referred to as the “Service”) using advanced electronic signatures and seals, in accordance with the provisions of the Law of Ukraine “On Electronic Identification and Electronic Trust Services” (No. 2155-VIII of October 5, 2017) and the Law of Ukraine “On Electronic Documents and Electronic Document Flow” (No. 851-IV of May 22, 2003). In such a case, the Customer shall, within five (5) business days from the date of receipt of the Service Delivery Certificate through the platform, either sign or reject it electronically.

3.11. Any alternative procedure for settlements and delivery of Service Certificates may be additionally agreed upon by the Parties through a separate written Service Agreement.

4. REFUND PROCEDURE

4.1. The Customer shall have the right to a refund only in cases where the Services were not actually provided or were provided in an improper manner due to the Contractor’s fault.

4.2. To initiate a refund procedure, the Customer must submit a written request to the Contractor’s email address: skill4ever.team@gmail.com, indicating the following information:

• the order or transaction number;

• the date of payment;

• the nature of the request and grounds for the refund;

• the banking details for processing the refund.

4.3. The Contractor shall review the refund request within ten (10) business days from the date of its receipt. If the request is found to be justified, the Contractor shall process the refund using the same payment method originally used by the Customer, within ten (10) business days from the date the refund decision is approved.

4.4. The Parties agree that the fact of Service provision is confirmed by its activation in the Customer’s personal account or by any other method of recording access to the Platform’s functionality, educational materials, or recruitment services. Such confirmation shall constitute sufficient and conclusive evidence of the Contractor’s fulfillment of its obligations.

4.5. In cases where the Services have been fully or partially used by the Customer, the payment for such Services is non-refundable.

4.6. In the event of a duplicate payment or other technical error during the transaction process, the Customer shall have the right to request a refund of the overpaid amount within thirty (30) calendar days from the payment date.

4.7. The Contractor shall not be held liable for the inability to process a refund if the Customer has provided inaccurate payment details or has otherwise violated the terms of this Agreement.

4.8. Refunds shall not be granted in the following cases:

• expiration of the time limits for submitting a refund request as set forth in Clauses 4.3 or 4.6 of this Agreement;

• withdrawal from the Services after activation of access to the Platform’s functionality;

• subjective dissatisfaction with the results or content of the provided Services;

• provision of digital Services (including automated recommendations, analytics, skills assessments, or educational modules) after their activation or initial use.

4.9. All bank fees and related expenses associated with the refund process shall be borne by the Customer and shall not be reimbursed by the Contractor.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Customer shall:

5.1.1. Provide the Contractor with all information necessary for the proper provision of the Services under this Agreement.

5.1.2. Pay for the Services in the manner, within the time limits, and under the terms stipulated by this Agreement.

5.1.3. Immediately notify the Contractor of any malfunctions or defects in the operation of the Website for the purpose of their prompt resolution.

5.1.4. Comply with the Rules and Terms of Use for Employers, published on the Website at https://skill4ever.com/en/terms.

5.1.5. Duly perform all other obligations arising from this Agreement.

5.2. The Contractor shall:

5.2.1. Ensure the proper quality and timely provision of the Services in accordance with this Agreement.

5.2.2. Within one (1) business day from the date of receiving the Customer’s informational materials, publish them on the Website https://skill4ever.com for the duration agreed upon by the Parties. The Parties acknowledge that the Customer’s informational materials include any electronic data prepared by the Customer concerning available job vacancies, descriptions of candidate requirements, or any other information necessary for candidate search purposes, including relevant graphic materials.

5.2.3. Not disclose or otherwise transfer to third parties any restricted or confidential information designated as such by the Customer or recognized as confidential under applicable Ukrainian law, which the Contractor obtains from the Customer during or as a result of providing the Services.

5.2.4. Correct any detected malfunctions or defects of the Website https://skill4ever.com within forty-eight (48) hours of their discovery, unless another timeframe is mutually agreed upon by the Parties.

5.2.5. Properly perform all other obligations under this Agreement.

5.2.6. Notify the Customer of any changes (increases) in Service rates at least five (5) calendar days prior to the effective date of the new tariffs, by posting a notice in the Customer’s personal account and/or sending an email to the address provided during registration. New tariffs shall apply to the following billing period unless the Customer terminates the use of the Services.

5.3. The Customer has the right to:

5.3.1. Demand proper and high-quality provision of the Services by the Contractor under this Agreement.

5.3.2. Make payments for the Services in accordance with the procedure, time frame, and conditions set forth in this Agreement and/or its Annexes.

5.3.3. Require the Contractor to remedy any deficiencies in the provided Services if their quality does not comply with this Agreement or applicable Ukrainian legislation. Rectification of such deficiencies does not exempt the Contractor from liability for improper performance of its obligations.

5.4. The Contractor has the right to:

5.4.1. Require the Customer to make payments for the Services within the time limits, in the manner, and under the terms set forth in this Agreement and/or its Annexes.

5.4.2. In the event of a delay by the Customer in fulfilling its financial obligations, postpone the commencement date of Service provision by a number of days equal to the delay period, or suspend the provision of Services for the same duration.

5.4.3. Request copies of licenses, permits, or other documents from the Customer if the informational materials concern activities, goods, works, or services requiring such documents under Ukrainian law.

5.4.4. Grant the Customer discounts on the cost of Services. The conditions for such discounts shall be communicated to the Customer through information published on the Website. The discount amount shall be reflected in the Customer’s personal account as well as in the invoices and Service Delivery Certificates. Discounts cannot be applied retroactively after the Services have been purchased.

5.4.5. Conduct official correspondence via the “Viber” or “Telegram” messengers and/or via the Customer’s email address specified in this Agreement.

6. LIABILITY OF THE PARTIES

6.1. In the event of non-performance or improper performance of obligations by either Party under this Agreement, the Parties shall bear liability in accordance with applicable Ukrainian law.

6.2. If the Customer delays payment for the Services under the deferred payment terms, the Customer shall pay the Contractor a penalty equal to double the National Bank of Ukraine’s base rate calculated on the unpaid amount for each day of delay. Furthermore, if the Customer fails to pay the amount due for more than one (1) calendar month, the Contractor shall have the right to deduct or deactivate the Services from the Customer’s personal account.

6.3. If the Contractor delays the provision of Services under this Agreement, it shall pay the Customer a penalty equal to double the National Bank of Ukraine’s base rate calculated on the value of the delayed Services for each day of delay.

6.4. The Customer understands and agrees that the form and content of the informational materials must comply with the applicable legislation of Ukraine, including but not limited to laws on intellectual property, language, protection of public morals, and personal non-property rights. The Customer assumes full responsibility, including material liability, for any violations of such laws.

6.5. The Contractor bears no responsibility for the content of the informational materials or data uploaded by the Customer.

6.6. If the Customer fails to provide the materials or information required by the Contractor for the proper performance of its obligations, the Contractor shall not be held liable to the Customer or any third parties for any failure or improper performance under this Agreement.

6.7. If the Customer violates clause 4.1.4 of this Agreement, the Contractor has the right to suspend or completely terminate the provision of Services, without liability for non-provision of such Services.

7. FORCE MAJEURE

7.1. The Parties shall be released from liability for full or partial failure to perform or for improper performance of their obligations under this Agreement if such failure results from force majeure circumstances that could not reasonably have been foreseen or prevented. The term for performance of obligations shall be extended by the duration of such force majeure.

7.2. Force majeure circumstances include extraordinary and unavoidable events that objectively prevent the performance of obligations under this Agreement and/or compliance with legal requirements and could not reasonably have been anticipated or mitigated. Such events include, but are not limited to: threat or outbreak of war; armed conflict or serious threat thereof; hostile attacks; blockades; military embargoes; acts of foreign enemies; general mobilization; military operations; declared or undeclared war; public unrest; acts of terrorism; sabotage; piracy; riots; invasions; revolutions; uprisings; curfews; government-imposed quarantines; expropriation; compulsory seizure; requisition; public demonstrations; strikes; unlawful actions by third parties; fires; explosions; prolonged transportation interruptions due to government regulations; embargoes; prohibitions or restrictions on import/export; and exceptional weather events or natural disasters, including but not limited to epidemics, hurricanes, floods, snow accumulation, ice storms, earthquakes, droughts, or landslides.

7.3. Power system failures and communication network disruptions shall also be deemed force majeure events.

7.4. The Party affected by force majeure and therefore unable to properly fulfill its obligations must promptly, but no later than three (3) business days, notify the other Party. Failure to notify or untimely notification, as well as failure to provide documentary confirmation of such events, deprives the affected Party of the right to invoke force majeure.

7.5. The occurrence of force majeure must be confirmed by a certificate issued by the Chamber of Commerce and Industry of Ukraine or its regional branch at the Party’s location. Such confirmation must be provided to the other Party within seven (7) business days from the onset of the force majeure event, unless otherwise specified by the issuing authority.

7.6. The performance deadlines under this Agreement shall be extended by the duration of the force majeure. If such circumstances last for more than thirty (30) calendar days, either Party may terminate the Agreement without compensation for damages, provided that both Parties sign the necessary Service Delivery Certificates and settle all payments for Services actually rendered, including reimbursement of any remaining prepaid amounts.

8. DISPUTE RESOLUTION

8.1. Any disputes arising between the Parties in connection with the performance, modification, or termination of this Agreement shall be resolved through negotiation.

8.2. Any disputes not resolved through negotiation shall be settled in court in accordance with the applicable laws of Ukraine.

9. TERM OF THE AGREEMENT AND OTHER CONDITIONS

9.1. This Agreement shall enter into force as specified in Clause 1.2 and shall remain in effect until the Parties have fully performed their contractual obligations.

9.2. Each Party shall have the right to terminate this Agreement early by providing written notice to the other Party at least one (1) month prior to the intended termination date.

9.3. In the event of early termination of the Agreement for reasons not related to improper performance by the Contractor as defined in Clause 2.1, any prepaid amounts shall not be refunded to the Customer, as stipulated herein.

9.4. The Customer is prohibited from collecting any information from the Website’s résumé database and/or contact details of Website users for the purpose of transferring such information to third parties.

9.5. The Customer is prohibited from using the Website’s résumé database and/or user contact details to send SMS messages or other communications unrelated to employment opportunities within the Customer’s organization, institution, or enterprise.

9.6. Any information obtained by the Parties during the performance of this Agreement, or related thereto, shall be deemed confidential and may not be disclosed without the prior written consent of the other Party, except as required by the laws of Ukraine.

9.7. The Customer hereby consents to the processing of personal data by the Contractor, which shall be used exclusively for the performance of this Agreement, for expanding the range of Service users, assessing the impact of the Services on the Contractor’s activities, protecting the rights and interests of the Parties, maintaining compliance with accounting, tax, commercial, civil, and administrative laws, and for other purposes directly related to the contractual relationship between the Parties. The Customer also ensures that proper consent has been obtained from, and assumes full responsibility for, any third parties, employees, or representatives whose personal data is provided to the Contractor for the aforementioned purposes throughout the term of this Agreement.

9.8. The Parties confirm that neither they nor their representatives (signatories), ultimate beneficial owners, members, or participants (shareholders) holding a share of 10 percent or more in the authorized capital are subject to any moratorium (ban) on the performance of monetary or other obligations under this Agreement pursuant to the Law of Ukraine “On Sanctions” or the Resolution of the Cabinet of Ministers of Ukraine “On Ensuring the Protection of National Interests in Connection with Future Claims of the State of Ukraine Arising from the Armed Aggression of the Russian Federation” dated March 3, 2022 No. 187.

9.9. Pursuant to Part 3 of Article 207 and Article 627 of the Civil Code of Ukraine, the Parties agree to utilize electronic document management systems in the course of their business relations under this Agreement, including the preparation of primary accounting documents, and to sign electronic documents using a qualified electronic signature (QES) or an advanced electronic signature (AES) based on a qualified electronic signature certificate, in compliance with the Laws of Ukraine “On Electronic Documents and Electronic Document Flow” and “On Electronic Identification and Electronic Trust Services.”

9.10. All notifications under this Agreement shall be deemed duly made if sent in writing by registered mail, courier service, email, or through electronic document exchange software using digital signatures, or delivered in person to the official addresses of the Parties. The date of receipt shall be considered the date of personal delivery, the postal stamp date of the recipient’s post office, the date the email is received at the recipient’s address, or the date of receipt in the recipient’s electronic document management system. If a Party changes its mailing address, it shall notify the other Party within five (5) calendar days after such change.

CONTRACTOR’S DETAILS

Sole Proprietor: Oleksii Donchenko

Tax Identification Number (TIN): 3710403833

Extract from the Unified State Register No.: 2010350000000349854

Bank Details: IBAN UA033052990000026005020410623, JSC CB “PRIVATBANK”

Address: 31 Pshenychna St., Kryvyi Rih, Dnipropetrovska Oblast, 50054, Ukraine

Email: donchenko.alex@ukr.net