This Agreement, in which one party is individual entrepreneur Oleg Botvinov, taxpayer registration number 3208724256, acting on the basis of the Certificate of state registration of an individual entrepreneur (record in the Unified State Register No. 2010350000000165350 dated 24.06.2022) (hereinafter, the “Coach”), and the other party is any person who has accepted this offer (hereinafter, the “Client”), together the “Parties” and each individually a “Party”, is a Public Offer Agreement for the provision of information services (hereinafter, the “Agreement”) addressed to an unlimited number of persons and constituting the Coach's official public proposal to conclude this Agreement with any Client on the terms set out herein.
This English version is provided for convenience. In case of any discrepancy, the Russian version of the Agreement prevails.
1. Definitions
1.1. In this Agreement the following terms have the following meanings:
1.1.1. Acceptance of the Offer — full and unconditional acceptance of the Offer by placing an order for the Coach's Services on the Coach's Website by filling in the questionnaire form. Acceptance of the Offer is equivalent to the Parties concluding the Agreement on the terms set out herein.
1.1.2. Schedule — the schedule of Coaching Sessions agreed by the Parties in any form (online table, text Electronic Message) specifying the date, duration, format, topic and number of Coaching Sessions.
1.1.3. Services — information services provided by the Coach to the Client in the form of Coaching Sessions, including the Initial Coaching Session.
1.1.4. Coaching — cooperation between the Coach and the Client that stimulates thinking and creative processes capable of inspiring the Client to fully unlock their personal and professional potential.
1.1.5. Personal Data — information that allows a person to be identified (full name, phone, email, other contact information and other data that may reasonably be considered such information).
1.1.6. The Coach's Website — the website at botvinov.pro.
1.1.7. Coaching Session — a meeting (including the Initial Coaching Session) between the Coach and the Client held under this Agreement, during which the Coach and the Client make joint efforts to achieve the goal of Coaching, being a logically complete, integral, time-limited process of providing the Services. A Coaching Session is held in real time using remote communication technologies (Telegram, Zoom, Skype, etc.) and/or as an offline meeting so that the Client receives and masters the necessary information. Where offline meetings are needed, the Parties discuss and agree all the necessary conditions in advance.
1.1.8. Electronic Messages — messages sent by a Party by email or messenger (Telegram, Viber, WhatsApp) to the contact number and/or email address specified in Section 14 of the Agreement.
1.1.9. Introductory Meeting — the first, free meeting between the Coach and the Client, during which the Parties get acquainted and following which they decide on further cooperation.
1.1.10. Initial Coaching Session — an introductory Coaching Session at which the Parties define the tasks and the ways of achieving them, the Schedule, the direction of work (business coaching, personal coaching, etc.) and other information the Coach needs.
1.1.11. Package of Coaching Sessions — two or more Coaching Sessions purchased together at the same time.
1.1.12. Price of the Services — the cost of a single Coaching Session and/or a Package of Coaching Sessions.
1.2. The Agreement may use other terms not defined above. In that case such terms are interpreted according to their meaning in the text of the Agreement.
2. Acceptance of the Offer
2.1. The Offer is deemed accepted by the Client when the Client has filled in and submitted the relevant questionnaire form on the Coach's Website. The form contains the Client's data (full name, contact phone number, email address, residency), the desired course (number) of Coaching Sessions and/or Package of Coaching Sessions, the desired date of the Introductory Meeting and other data.
2.2. By accepting the Offer, the Client confirms that they:
2.2.1. Have read the Terms of Use and the Privacy Policy on the Coach's Website.
2.2.2. Have fully read the list of Services and their prices published on the Coach's Website.
2.2.3. Have read and accept all the terms of the Agreement as set out herein.
2.3. Upon Acceptance of the Offer, the Agreement is deemed concluded in accordance with Article 642 of the Civil Code of Ukraine.
2.4. In case of full or partial disagreement with the terms of the Agreement, the Acceptance is deemed not to have taken place and the Agreement is deemed not concluded.
2.5. Before Acceptance of the Offer, the Coach may amend the terms of the public offer and/or withdraw it at their discretion. Amendments take effect from the moment the amended text is published on the Coach's Website, unless another effective date is specified in the offer itself.
3. Subject of the Agreement
3.1. The Coach undertakes to provide the Client, on the terms and in the manner set out in this Agreement, with the following Services:
3.1.1. An Introductory Meeting free of charge; or
3.1.2. One Coaching Session and/or Coaching Sessions in the number defined by the Package of Coaching Sessions, for a fee.
3.2. A detailed description of the Services is published on the Coach's Website.
4. Procedure for Providing the Services
4.1. After Acceptance of the Offer, the Coach (or their representative) contacts the Client within 48 (forty-eight) hours following the day of Acceptance and offers an available date and time for the Introductory Meeting based on the date requested by the Client. The Coach does not guarantee that the date chosen by the Client on the Website will be available.
4.2. The Introductory Meeting is held no later than 7 (seven) business days after contacting the Client, unless otherwise agreed by the Parties.
4.3. On the agreed date the Parties hold the Introductory Meeting, during which they get acquainted and define the goal of Coaching, the price, the number of Services, etc.
4.4. After the Introductory Meeting either Party may terminate the Agreement early by sending an Electronic Message to the other Party.
4.5. If after the Introductory Meeting the Parties decide to continue cooperation, the Coach sends the Client an invoice by Electronic Message. If the invoice is not paid on time, the Agreement is deemed terminated early 7 (seven) banking days (according to the sending bank's working hours) after the invoice was issued, unless the Parties agree otherwise or the Coach has started providing the Services. If after the Introductory Meeting the Parties have not scheduled an Initial Coaching Session, the Agreement is deemed terminated early.
4.6. If the Parties have cooperated before, the Introductory Meeting may be skipped.
4.7. The Services are provided according to:
4.7.1. The Package of Coaching Sessions and/or single Coaching Session chosen by the Client when filling in the form on the Coach's Website; or
4.7.2. The Package of Coaching Sessions and/or single Coaching Session specified in the invoice.
4.8. All organisational matters, including but not limited to the Schedule, duration and format (online/offline) of Coaching Sessions and the topics of each session, are agreed by the Parties at the Initial Coaching Session. Such arrangements may be recorded in an Annex to the Agreement or reflected in the invoice.
4.9. The Services are provided by the Coach personally. By prior agreement of the Parties, the Services may be provided by a third party, provided that the Coach remains responsible under the Agreement.
4.10. The Parties may change the Schedule by exchanging Electronic Messages.
4.11. If the Client needs to reschedule an upcoming Coaching Session, the Client must send an Electronic Message to the Coach no later than 24 (twenty-four) hours before the session (including the Initial Coaching Session). In that case the session is rescheduled and the Schedule is amended as agreed by the Parties.
4.12. If the Client sends a message about changing the Schedule less than 24 (twenty-four) hours before the start of the upcoming session and the Coach does not agree to the change, the previously agreed Schedule remains in force and the rescheduling is deemed not agreed.
4.13. If the Introductory Meeting and the Initial Coaching Session are held on the same day with an interval of 1 hour or more, a Client who wishes to cancel the Initial Coaching Session must notify the Coach at least 30 (thirty) minutes before it starts. If this interval is not observed and the Coach does not agree to change the Schedule, the changes are deemed not agreed.
4.14. If the Coach needs to reschedule an upcoming Coaching Session, the Coach must send an Electronic Message to the Client no later than 6 (six) hours before the session (including the Initial Coaching Session). In that case the session is rescheduled and the Schedule is amended as agreed by the Parties.
4.15. If the Coach sends a message about changing the Schedule less than 6 (six) hours before the start of the upcoming session and the Client does not agree to the change, the previously agreed Schedule remains in force and the rescheduling is deemed not agreed.
4.16. The Parties may set a different procedure and notice period for changing and/or cancelling a Coaching Session in an Annex.
4.17. If the Client is late for a Coaching Session, the session is not extended and its price is payable in full. The Coach may, but is not obliged to, extend the session by the time of the Client's delay by agreement with the Client.
4.18. If the Coach is late for a Coaching Session, the Parties may agree to move the session to another date/time, extend it by the time of the Coach's delay, or cancel it with a refund of the price paid for that session.
4.19. Coaching Sessions are held one-on-one, without third parties.
4.20. Coaching Sessions are held in a language agreed by the Parties. If the Coach uses certain learning materials, they may recommend holding sessions in a particular language for the most effective learning.
4.21. The Coach chooses the coaching methods independently at their own discretion. The Client may not give instructions or require the Coach to change methods or learning materials. If the Client disagrees with the programme and content of Coaching, the Client may terminate the Agreement early in the manner set out herein.
4.22. If the Client appears at a Coaching Session under the influence of alcohol and/or drugs, behaves offensively and/or immorally, or drives any vehicle during the session, the Coach may refuse to hold the session. Such a session is deemed duly provided and the payment for it is not refundable. The Coach may also terminate the Agreement without refunding the payment for such a session.
4.23. After the Services have been provided, the Coach may send the Client an acceptance certificate for the Services.
4.24. The Client must review and sign the acceptance certificate or give a reasoned refusal within 24 (twenty-four) hours. If the Client does not return the signed certificate or objections within this period, the Services are deemed duly provided, accepted by the Client and payable.
4.25. If no acceptance certificate was issued and the Client does not send the Coach a reasoned claim within 24 (twenty-four) hours of the Service being provided, the Service is deemed of proper quality and accepted by the Client without remarks.
4.26. The absence of the result expected by the Client is not a ground for deeming a Service improperly provided.
4.27. Information provided to the Client in the course of the Services is the Coach's intellectual property and is protected in accordance with applicable law.
5. Price of the Services and Payment
5.1. The Price of the Services is published on the Coach's Website.
5.2. The price of the Services ordered by the Client is based on the Prices on the Coach's Website and is fixed in the invoice issued on the basis of the submitted form or the negotiations at the Introductory Meeting.
5.3. The invoice may be sent via various online services and/or by Electronic Message.
5.4. The Introductory Meeting is organisational and is not charged.
5.5. If the Prices on the Coach's Website change after Acceptance of the Offer, the prices published on the date of Acceptance apply.
5.6. If the price is set in the national currency of Ukraine (hryvnia), the Coach may also state its equivalent in a foreign currency (euro or any other first-group currency) in the invoice at the selling rate of the Coach's bank specified in the invoice. If that rate changes between the invoice date and the payment date, the unpaid price changes in proportion to the change in the rate.
5.7. A change in the Price caused by exchange-rate fluctuations applies automatically, requires no additional approval of the Parties and is binding on them (including for payment by the Client). If necessary, the Parties may agree/clarify the Price in an Electronic Message taking the exchange difference into account.
5.8. If the Client is not a resident of Ukraine, the price is stated in the foreign currency in which payment is made.
5.9. An invoice must be paid within 48 (forty-eight) hours of its issue, unless the invoice states otherwise.
5.10. If payment deadlines are breached, the Coach may suspend the Services until the Client pays the debt.
5.11. A Service is deemed paid when the funds are credited to the Coach's bank account.
6. Rights and Obligations of the Parties
6.1. The Coach has the right to:
6.1.1. Agree individual conditions of the Services with the Client (time, meeting platform, language of sessions).
6.1.2. Stop providing a Service if the Client violates moral and ethical norms and/or spreads unacceptable information, or otherwise behaves improperly in a way that prevents the Service from being provided.
6.1.3. Make audio, photo and video recordings while providing the Services and use the materials at their discretion. Recordings of individual (one-on-one) Coaching Sessions may be made public only with the Client's prior consent, except in the cases specified in clause 7.5 of the Agreement.
6.1.4. Decline further cooperation after the Introductory Meeting.
6.2. The Coach must:
6.2.1. Provide the Services to the Client in accordance with the Agreement, in the agreed scope and on time.
6.2.2. Inform the Client by Electronic Message of changes to the timing, venue and other details of the Service, and of circumstances preventing the performance of obligations under this Agreement.
6.2.3. Keep confidential the circumstances that became known to them in connection with this Agreement, including the fact of providing Services to the Client, the content of meetings with the Client and the Client's Personal Data (except for clauses 12.2–12.4 of the Agreement).
6.3. The Client has the right to:
6.3.1. Contact the Coach for information about the Services and the terms of their provision via the contacts on the Coach's Website and/or by email from 10:00 to 18:00 (the Coach's time zone), except weekends and public holidays.
6.3.2. Receive the requested Service on time and in full.
6.4. The Client must:
6.4.1. Carefully read the information about the Services and the terms of their provision on the Coach's Website.
6.4.2. In case of refusal of the Services, notify the Coach in accordance with clause 4.11 of the Agreement.
6.4.3. Not reproduce (duplicate, copy or otherwise multiply) or distribute in any way — including within a computer network or by electronic mailing — the methodological literature, video and audio recordings received from the Coach in the course of the Services (in whole or in part) without the Coach's explicit written permission.
6.4.4. Observe moral and ethical norms and treat the Coach with respect while receiving the Services.
6.4.5. Not make audio, photo or video recordings while receiving the Services without the Coach's separate permission.
6.4.6. Not spread false information discrediting the honour, dignity or business reputation of the Coach, or information inciting interethnic intolerance, hostility, war or a change of any country's constitutional order.
6.4.7. Not take actions that violate the rights and legitimate interests of the Coach while the Services are provided.
6.4.8. Provide the Coach with up-to-date Personal Data and other information needed for prompt communication.
6.4.9. Sign the acceptance certificate sent by the Coach if there are no claims.
7. Representations and Warranties
7.1. The Parties mutually represent that they have all rights and powers to conclude this Agreement and are not aware of any circumstances preventing it.
7.2. The Coach's certification: ICF-accredited coaching education.
7.3. The Client confirms that they have been informed of the terms of the Service, the performance and termination of the Agreement, and that concluding the Agreement is voluntary and not burdensome for them.
7.4. The Client understands and accepts that the Coach does not guarantee any financial or other results of the Client applying the information and skills obtained through the Services.
7.5. By accepting this Offer, the Client consents to the Coach using and transferring audio and video materials of Coaching Sessions (except the Introductory Meeting) to the International Coaching Federation (ICF).
8. Liability of the Parties
8.1. For non-performance or improper performance of their obligations the Parties are liable in accordance with the current legislation of Ukraine, taking into account the terms of this Agreement.
8.2. In case of breach of clauses 6.4.3–6.4.7, the Client must pay a fine of UAH 100,000 (for non-residents — EUR 3,000), and the Coach may suspend the Services.
8.3. If either Party is late with a monetary obligation, the defaulting Party pays a penalty of 0.1% of the overdue amount for each day of delay.
8.4. If the Client cancels a single Coaching Session less than 24 hours before it starts or misses it, a fine of 20% of the session price applies. If a prepayment is refunded, the refund is made net of the fine.
8.5. If the Client cancels a Package of Coaching Sessions with less than 24 hours' notice before a session, regardless of the number of sessions held, a fine of 20% of the price of one session of that Package applies. If a prepayment is refunded, the refund is made net of the fine.
8.6. If the Client cancels a single session and/or a Package more than 24 hours before a session starts, no fines apply and the prepayment may be refunded in full.
8.7. If the Introductory Meeting and the Initial Coaching Session are held on the same day with an interval of 1 hour or more, or if payment is made on the day of the session, clauses 8.4 and 8.5 do not apply; if the Client cancels the Initial Coaching Session less than 30 (thirty) minutes before it, a fine of 20% of its price applies.
8.8. If the Client misses a Coaching Session without agreeing it with the Coach in the manner set out in the Agreement, the Client pays a penalty of 100% of that session's price. The penalty may be deducted from the advance paid.
8.9. Cancelling the Introductory Meeting does not entail any fine.
8.10. The Coach is not liable for incorrect (inaccurate) information provided by the Client in the form on the Coach's Website.
8.11. The Coach is not liable to the Client and/or any third party for any direct and/or indirect losses caused by any use of information obtained through the Service, from the Coach's Website or from any website linked from it, arising from access to, use of or inability to use such information, or for decisions made by the Client and/or any third parties.
8.12. The Coach is not liable if the Client cannot attend a Coaching Session or the Service cannot be provided for reasons beyond the Coach's control, including Internet, equipment or software failures on the Client's side.
8.13. If the Client faces unforeseen circumstances (a road accident, illness, death of relatives, etc.) that the Client can document, the Coach may, but is not obliged to, not apply Section 8 and not charge for the missed session.
8.14. The Coach is not liable for any losses caused to the Client, including but not limited to losses resulting from the Client's actions or omissions or inaccurate information provided by the Client.
8.15. The Coach is not liable for any losses or moral damage suffered by the Client as a result of misunderstanding or not understanding information about the Services.
8.16. The Coach is not liable for the absence of any financial or other results of the Client applying the information and skills obtained through the Services.
8.17. A breach by the Client of the obligations under this Agreement is deemed a material breach and entitles the Coach to unilaterally withdraw from the Agreement out of court.
9. Force Majeure
9.1. The Parties are not liable for non-performance (or improper performance) of their obligations if it results from force majeure.
9.2. Force majeure under this Agreement includes floods, epidemics, epizootics, earthquakes and other natural and man-made disasters, uprisings, embargoes, wars or hostilities of any kind, occupation, mobilisation, public disorder, strikes, actions of authorities and any other circumstances beyond the control and will of the Parties that occurred after the Agreement entered into force and prevent a Party from duly performing its obligations.
9.3. A Party affected by force majeure must notify the other Party of its occurrence, nature and possible duration as soon as circumstances allow, but no later than 5 (five) calendar days after it arises. Failure to do so deprives the Party of the right to rely on force majeure as a ground for non-performance.
9.4. In case of force majeure, the Parties should discuss the situation as soon as possible to reduce its impact on their relationship.
9.5. Deadlines for the Parties' obligations are extended for the duration of force majeure. If force majeure lasts more than 2 (two) consecutive months, either Party may terminate this Agreement by sending the other Party written notice or an Electronic Message at least 10 (ten) calendar days before the termination date.
9.6. The existence and nature of force majeure must be confirmed by a written certificate issued by the chamber of commerce and industry of the relevant country or another authorised body.
10. Governing Law. Dispute Resolution
10.1. The Agreement and the relationship of the Parties are governed by the legislation of Ukraine.
10.2. All disputes arising out of or in connection with the Agreement are resolved through negotiations between the Parties. If a dispute cannot be resolved by negotiation, it is resolved in court in accordance with the current legislation of Ukraine at the defendant's location.
11. Term of the Agreement. Termination
11.1. The Offer takes effect when published on the Coach's Website and remains valid until withdrawn by the Coach, except for offers already accepted.
11.2. The Agreement takes effect upon Acceptance of the Offer and remains in force until the Parties fully perform their obligations or the Agreement is terminated early.
11.3. The Agreement (accepted offer) may be terminated early:
11.3.1. By agreement of the Parties.
11.3.2. Unilaterally, by notifying the other Party at least 5 (five) calendar days before the termination date.
11.4. In case of early termination, the Coach refunds the Client's advance payments minus the cost of sessions (or other Services) already provided and minus any penalties. In case of unilateral termination, the rules on notice periods for cancelling/rescheduling sessions and the penalties set out in clauses 8.4–8.8 apply.
11.5. Any Services provided but not paid for must be paid within 5 (five) banking days from the day the Electronic notice of termination was sent or within 10 (ten) banking days from the last session held, whichever comes first.
11.6. Section 8 remains in force for 5 (five) years after the end of this Agreement.
12. Personal Data Processing
12.1. By accepting this Offer, the Client consents to the Coach processing their Personal Data in accordance with personal data protection legislation, namely: surname, name, patronymic (if any), contact phone number, email address, start and end dates of Coaching Sessions and the number of hours within the sessions.
12.2. By accepting this Offer, the Client allows the Coach to:
12.2.1. enter the data into the client / coaching-session spreadsheet and store it on the Coach's electronic devices;
12.2.2. store this spreadsheet in cloud storage (including SaaS) owned by the Coach;
12.2.3. use this information to record and systematise the Coach's work.
12.3. By accepting this Offer, the Client allows the Coach to transfer their Personal Data to the International Coaching Federation if such a request is received from the Federation.
12.4. By accepting this Offer, the Client allows the International Coaching Federation to contact them using the contact details provided in order to confirm the fact of cooperation with the Coach.
13. Other Terms
13.1. Electronic Messages are deemed duly sent if sent to or from the email addresses specified in Section 14 of the Agreement.
13.2. The Parties may sign documents (Annexes, certificates) with an electronic signature or send a signed scanned copy. The electronic version has legal force, is equivalent to the original and is accepted for performance until the original is provided.
13.3. Any annexes to the Agreement form an integral part of it, provided they are signed by both Parties.
14. Coach's Details
Individual entrepreneur Oleg Botvinov
Taxpayer registration number: 3208724256
Email: botvinovpro@gmail.com
IBAN USD: UA023052990000026007000123217
IBAN EUR: UA903052990000026001020123431
IBAN UAH: UA673052990000026008030130127