The management of this site newsmilestudio.com.ua (hereinafter - the "Site") is carried out by an individual entrepreneur Yulia Viktorivna Khomenko, extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations No. 2010350010001245522 dated 04.01.2023, which is registered and operates in accordance with the requirements of the legislation of Ukraine (hereinafter - This Public Offer Agreement (hereinafter - "Offer", "Agreement") represents an official open offer of the Contractor to enter into an Agreement on the provision of information, consulting and dental services by placing an order or accepting this Offer on the Site.

1.1. This clause determines the interpretation of the following terms and definitions used in this Agreement.
      1.1.1. "Site" - a web page located at the domain name: newsmilestudio.com.ua and managed by the Contractor, including the totality of all information, texts, graphic elements, design elements, images, photos and video materials and other results of intellectual activity posted on the Site, and as well as information and technical means of the Site. The term "Site" includes links to other open or closed web resources on which the Contractor posts materials or information. "Performer").
      1.1.2. "Agreement", "Offer" - a document published on the Website on the Internet, which regulates the relationship between Users, Customers and the Contractor in the process of providing services.
1.1.3. "Executive" is an authorized person who exercises control over this Site and offers services to an unlimited number of people (Users).
      1.1.4. "User" - any natural person who has access to the Site, who uses the Site using the Internet.
      1.1.5. "Customer" - the User who accepted this Offer and is the recipient (consumer) of services under this Agreement.
      1.1.6. "Information, consultation and dental services", "Services" - the provision by the Contractor of information or consultation services to the Customer or the placing of an order for dental services, the provision of such services can take place in a remote or face-to-face format.
      1.1.7. "Software", "PO" - an Internet browser (Internet Explorer, FireFox, Google Chrome and similar) for accessing information resources located on the Internet, other programs for transmitting, storing, processing the information provided.
      1.1.8. "Cookies" are small pieces of data sent by the web server and stored on the user's computer, which the web client or web browser sends to the web server in an HTTP request every time it tries to open the page of the corresponding site.
1.1.9. "IP address" is a unique network address of a node in a computer network, built according to the IP protocol, which allows identification of the location and other information about the User.
      1.1.10. "Financial agent" is a company that provides an Internet payment service that can be integrated into the functionality of the Site for payment by the Customer for services provided by the Contractor. 1.1.11. "Telegram" is an instant messaging system that allows you to exchange text, graphic, audio and audiovisual messages, as well as files in other formats, developed by Telegram.
      1.1.12. "Viber" is an instant messaging system that allows you to exchange text, graphic, audio and audiovisual messages, as well as files in other formats, developed by Viber Media S.à r.l.
      1.1.13. "Telegram-chat of the Contractor" is a chat in the "Telegram" system, which allows the exchange of text, graphic, audio and audiovisual messages, as well as files of other formats, within the framework of the services provided by the Contractor under this Agreement.

1.2. All definitions, definitions and terms not defined by this section shall be interpreted in the meaning determined by the current legislation of Ukraine, and in the absence of such a definition - in their usual meaning.

2.1. This Agreement is public, in accordance with Art. Art. 633, 641 of the Civil Code of Ukraine (hereinafter referred to as the "Civil Code of Ukraine"), and its conditions are the same for all Customers, unconditional acceptance of the terms of which is considered acceptance of this offer by the Customer, for which the Contractor publishes this Agreement.

2.2. The person (User) who accepted the offer acquires all the rights and obligations of the Customer in accordance with Art. 638 of the Civil Code of Ukraine. Acceptance of this Offer is the Customer's full payment for the Contractor's services or placing an order for Services, in accordance with the terms of this Agreement or in accordance with the specified information on the Site. From the moment of receipt of funds to the account of payment for the provided Services or execution of the order, this Agreement is considered concluded between the Customer and the Contractor.

2.3. Acceptance of this Offer means that the Customer is fully familiar with the terms of this Agreement and the rules of the payment system - Financial Agent, the specifics of the functioning of the Site and/or other website, system and/or software (software) within which the materials are placed, recognizes the unconditional suitability Website and Internet platform for carrying out actions and achieving goals that are the subject of this Agreement. In addition, the acceptance of this Offer is equated, in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, until the parties conclude a bilateral written contract on the terms set out below in this Offer.

3.1. The subject of this Offer is the paid provision to the Customer of informational, consulting or ordering or provision of dental services (including other services in accordance with KVED) by means of the Contractor, in accordance with the terms of this Offer, in an interactive face-to-face and/or online format (remotely) for a fee that is paid by the Customer in favor of the Contractor.

3.2. Services provided by the Contractor include information resources, the ability to receive consultations via chat, appointment and consultations from dental specialists.

3.3. The Contractor at his discretion determines and places on the Site various variations of the complex of information, consultation and dental services, which may differ in volume, content, terms and cost. Current and available services, their variations, formats, and cost are posted on the Site. In addition, the Contractor, subject to the assessment of the scope of services, can individually notify each Customer about the cost of the services provided through the Site or via chat support.

3.4. Services can be provided through personal registration on the Site or chat support.

4.1. Services under this Agreement are provided by the Contractor remotely via the Internet, using the Site or other website, systems and/or software (software), including interactive online format, based on the specifics and features of the services selected and paid for by the Customer.

4.2. The term and details of the provision of Services under this Agreement are also determined by the specifics and features of the service chosen and paid for by the Customer. Such information must be placed by the Contractor on the Site in the information block available for ordering. The Contractor may, at its sole discretion, change the cost, variations, time of provision or format of the services.

4.3. The provision of Services under this Agreement begins from the moment of payment by the Customer.

4.4. Acceptance by the Customer of this Offer, in accordance with the procedure provided for in clause 2.2. of this Offer is equivalent to the Customer signing the Act of acceptance and transfer of the provided Services, which is confirmation of the full and proper provision of the Services by the Contractor. After paying for the services, the Customer can submit written claims regarding the provision of services within 24 hours, in the absence of any claims from the Customer within 24 hours, the Parties agree that the services have been provided in full.

5.1. The performer undertakes:
      5.1.1. provide the Customer with the last paid Services, in accordance with this Agreement and the conditions selected on the Site;
      5.1.2. in order to fulfill the Agreement and within the term of provision, ensure the provision of informational, consulting and dental Services to the Customer;
      5.1.3. to provide in an interactive face-to-face and/or online format (remotely) informational consultation and dental services provided by the order selected and paid for by the Customer;
      5.1.4. in the case of providing information or consulting services, provide feedback to the type of service selected and paid for by the Customer;
      5.1.5. strictly keep confidential any medical, personal and/or confidential information received from the Customer during the provision of Services under this Agreement, in accordance with the Privacy and Personal Data Protection Policy posted on the Site;
      5.1.6. comply with the requirements of the legislation of Ukraine, incl. relating to the processing, transfer and protection of personal data of Users and Customers.

5.2. The executor has the right to:
      5.2.1. unilaterally change the content of the Site or other website, system and/or software (software) on which information materials are located, the form of consultations or feedback, their frequency and scope, as well as change and supplement the content of the Services for The customer, including the cost depending on the volume;
      5.2.2. in the process of providing Services to the Customer, to give specialized or medical recommendations, as well as to carry out additional actions that allow to increase the effectiveness of the consultation;
      5.2.3. unilaterally change and supplement the terms of this Agreement without prior agreement with the Customer/User or any other notification;
      5.2.4. involve third parties to fulfill their obligations under the Agreement;
      5.2.5. unilaterally terminate this Agreement in the cases and according to the procedure stipulated by this Agreement.

5.3. The customer undertakes:
      5.3.1. to pay for the Services on the terms and in the manner stipulated in this Agreement;
      5.3.2. accept in the course of performance of the Contractor's Services, in accordance with the provisions of this Agreement;
      5.3.3. show respect to the Contractor, other Users and Customers;
      5.3.4. when placing an order for the provision of Services, provide the Contractor with up-to-date and true information necessary to communicate with the Customer within the framework of the provision of Services under this Agreement, namely: surname and first name, e-mail address, contact phone number and other specified information Online;
      5.3.5. not to give third parties access to the Contractor's information in any way, to ensure full confidentiality of such materials and access passwords to the personal account provided to the Customer in the case of such functionality;
      5.3.6. not to copy and distribute in any way (not to publish, not to place on other resources on the Internet, not to transfer or not to resell to third parties) materials belonging to the Contractor and obtained during the provision of Services, not to create information products based on them with for the purpose of extracting commercial profit, and not to use this information in any way other than for personal use. In case of violation of this provision, the Customer is responsible in accordance with this Agreement and the legislation of Ukraine.

5.4. The customer has the right to:
      5.4.1. require the Contractor to provide information on issues related to the organization and ensuring the proper provision of the Services provided for in this Agreement.

6.1. The cost of the Services provided by the Contractor and available for ordering is indicated on the Site or notified to the User/Customer in personal messages in Telegram/Viber or by e-mail, and may be changed by the Contractor at its discretion at any time unilaterally. The changed price is effective from the moment of publishing or sending a message to the User/Customer and applies only to those services ordered after the publication of the new price.

6.2. Payment for the Services shall be made by the Customer in the form of an advance payment in the amount of 100% (one hundred percent) of the cost of the Services to the Contractor's bank account or through the Financial Agent's electronic payment system, if such is provided for by the functionality of the Site. In the case of using the services of a Financial Agent, the rules defined by such Financial Agent apply to the payment procedure.

6.3. The moment of payment is considered to be the receipt of funds to the current account of the Contractor or through the electronic payment system of the Financial Agent, if such is provided for by the functionality of the Site.

7.1. Refunds by the Contractor shall be made at the request of the Customer before obtaining access to information or receiving consultation or providing services, sent to the Contractor's e-mail address specified in this Agreement, no later than the beginning of the provision of information, consulting, dental Services, except in cases of impossibility of providing Services with the Customer's fault.

7.2. Refunds are made after deducting the actual expenses incurred by the Contractor at the time of return. Such actual expenses of the Contractor include (but are not limited to), in particular: the commission of the Financial Agent's electronic payment system for refunds, actual expenses, expenses for the time used by the Contractor or his employees or authorized persons, etc.

7.3. The decision to return or refuse to return funds is made by the Contractor within 3 (three) working days from the moment he receives the corresponding application from the Customer.

7.4. Funds are returned to the Customer's account from which payment for the Services was made, or another account specified by the Customer, within 14 (fourteen) working days after the decision to return is made.

7.5. Applications for the return of funds sent to the Contractor in the process or after the completion of the provision of informational and consulting Services shall not be considered.

8.1. The parties are released from responsibility for partial or complete non-fulfillment or improper fulfillment of obligations under the Agreement, if they are the result of force majeure (fire, flood, earthquake, natural disaster, military operations and other circumstances of force majeure) (hereinafter - "force majeure" ), and if these circumstances directly affected the performance of the Agreement, then performance is extended for the period during which these circumstances were in effect.

8.2. If the force majeure circumstances continue for more than one month, then each of the Parties will have the right to refuse further fulfillment of the obligations under the Agreement, and in this case the Agreement is considered terminated if the Parties reach an agreement on the legal consequences, according to the terms of this Agreement.

8.3. The Party that cannot fulfill its obligations under the Agreement must notify the other Party of the occurrence of force majeure in writing, no later than 5 (five) working days. The existence of force majeure circumstances must be confirmed by the necessary documents of the Chamber of Commerce and Industry of Ukraine or another authorized body of Ukraine.

8.4. Failure to notify or untimely notification of the occurrence or termination of force majeure circumstances deprives the Party of the right to refer to such circumstances as a basis for exemption from liability for breach of obligations under this Agreement.

9.1. All information related to the conclusion and execution of this Agreement is confidential, with the exception of information that the Parties officially make public in accordance with the legislation of Ukraine.

9.2. During the term of the Agreement, as well as after its termination, the Parties shall not provide to third parties or otherwise disclose confidential information obtained as a result of the execution of this Agreement.

9.3. For the disclosure of confidential information, the guilty Party is responsible in accordance with the legislation of Ukraine, and also undertakes to compensate for the resulting losses.

10.1. All disagreements and disputes related to the fulfillment of the terms of this Agreement shall be resolved by the parties through negotiations.

10.2. If, as a result of the negotiations, the Parties were unable to reach a mutual agreement, as well as if one of the Parties evades negotiations, the dispute shall be referred to the court in accordance with the procedure established by the legislation of Ukraine.

11.1. The contract enters into force from the moment the Customer performs the actions provided for in clause 2.2. of the Agreement, and is valid until the end of the period of provision of the Services by the Contractor, including the corresponding option of the Services chosen by the Customer.

11.2. The Agreement may be terminated before its expiration by the consent of the Parties, in the cases provided for in this Agreement, and in other cases provided for by the legislation of Ukraine.

11.3. The Agreement may be terminated between the Parties in accordance with the procedure provided for by the legislation of Ukraine, as well as:
      11.3.1. unilaterally at the initiative of the Contractor in the event that the Customer has committed a violation of the terms of this Agreement, intellectual property rights or related rights of the Contractor regarding the posting of information and their constituent materials. At the same time, the funds paid by the Customer under this Agreement are non-refundable and constitute a penalty (fine) for the Customer's actions.
      11.3.2. unilaterally at the initiative of the Contractor in the event that the Customer violated the rules of conduct in the process of obtaining Services under this Agreement, namely: inciting international conflicts, spam, placing advertisements, obscene language, rudeness, insults of the Contractor, insults of other users of the Site or other website, systems and/or software (SOFTWARE). At the same time, the funds paid by the Customer under this Agreement are non-refundable and constitute a penalty (fine) for the Customer's actions.
      11.3.3. unilaterally at the initiative of the Contractor.

12.1. When performing this Agreement, the Parties are governed by the terms of the Agreement and the legislation of Ukraine.

12.2. This Agreement is a public offer agreement and an accession agreement, in accordance with the Civil Code of Ukraine, published on the Contractor's Website in electronic form.

INDIVIDUAL ENTREPRENEUR Khomenko Yulia Viktorivna
RNOKPP: 3299001405
Location: 16220, Chernihiv region, Novgorod-Siversky district, Ponornytsia village, st. Lesya Ukrainka, building 52, sq. 2
IBAN UA423052990000026009026228815 in JSC CB "PRIVATBANK"
Contact information: phone: +38 (097)7393442 e-mail: dr.yulia.khomenko@gmail.com