PUBLIC OFFER AGREEMENT
for the provision of consulting and educational services under the "HA-THA Wave" system
1. GENERAL PROVISIONS
1.1. This document is an official offer by Individual Entrepreneur Serhii Mykytyuk (hereinafter — the "Contractor") to conclude an agreement on the terms set out below. The offer is addressed to an unlimited number of individuals and legal entities and, in accordance with Article 328 of the Civil Code of Georgia, is recognised as a public offer (hereinafter — the "Offer").
1.2. The full list of services, their content, duration and cost are published on the Internet at https://ha-tha-volna.com/ (hereinafter — the "Website") and constitute an integral part of this Offer.
1.3. Acceptance of the Offer, in accordance with Part 3 of Article 329 of the Civil Code of Georgia, is recognised as the performance by the person who has received the Offer of actions to fulfil the conditions specified therein, including: registration on the Website, placing an order, making full or partial payment for services. From the moment such actions are performed, the agreement is considered concluded on the terms of the Offer in force on the date of acceptance, and the person acquires the status of the Customer and assumes all rights and obligations provided for by the agreement.
1.4. If an individual or legal entity does not agree with any provision of the Offer, they should refrain from performing the actions specified in clause 1.3. The performance of such actions means full and unconditional acceptance of all terms of the Offer.
1.5. The Offer is valid indefinitely throughout the entire period of its publication on the Website. The Contractor has the right to withdraw or amend the Offer at any time. For Customers who accepted the Offer before the effective date of the changes, the terms in force on the date of acceptance shall apply, unless otherwise expressly agreed by the Parties.
1.6. The following basic concepts are used in the Offer:
"Offer" — this document published on the Website.
"Contractor" — Individual Entrepreneur Serhii Mykytyuk, acting under the laws of Georgia.
"Customer" — an individual or legal entity that has accepted the Offer in the manner provided for in clause 1.3.
"Website" — a set of web pages placed on the Internet at https://ha-tha-volna.com/.
"Services" — consulting and educational services under the "HA-THA Wave" system, including individual and group consultations, online trainings, webinars, access to video courses, as well as other services described on the Website. The Services are of an informational, educational and health-improving nature and include body-oriented practices, movement meditation and breathing techniques.
"HA-THA Wave System" — the Contractor's proprietary methodology used for conducting consultations and teaching body-oriented practices, movement meditation and breathing techniques.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to provide the Customer, on a reimbursable basis, with the Services selected by the Customer, and the Customer undertakes to pay for and accept these Services in the manner and on the terms provided for by the agreement.
2.2. Services are considered duly rendered from the moment of:
3. COST OF SERVICES AND PAYMENT PROCEDURE
3.1. The cost of Services is set by the Contractor and indicated on the Website or in the price list sent to the Customer prior to payment. All prices are expressed in euros (EUR).
3.2. Payment for Services is made on the basis of 100% prepayment, unless otherwise agreed by the Parties. The Customer is obliged to make payment no later than 24 hours before the agreed date and time of commencement of the provision of Services.
3.3. In the case of preliminary booking of the date and time of Services, the Customer makes a prepayment in the amount of 100% of the cost of the Service no later than 24 hours from the moment the booking is confirmed by the Contractor. If payment is not received within the specified period, the booking is cancelled.
3.4. Payment is made by the methods indicated on the Website, or by other methods previously agreed with the Contractor. The Customer's obligation to pay is considered fulfilled from the moment the funds are credited to the Contractor's settlement account. The Customer is responsible for the correctness of payment details and independently pays all commissions related to the transfer.
3.5. The Contractor has the right to change the cost of Services for future orders. The change in cost does not apply to Services already paid for by the Customer at the time the new prices are introduced.
4. PROCEDURE FOR PROVIDING SERVICES
4.1. Services are provided on the date and time agreed by the Parties in the format selected by the Customer from those available on the Website (video consultation, audio call, in-person meeting, provision of access to video courses, etc.).
4.2. The Contractor has the right to reschedule the date and/or time of provision of Services for valid reasons, notifying the Customer at least 24 hours in advance. In this case, the new date/time is agreed by the Parties. If the new time does not suit the Customer, they have the right to refuse the Service and receive 100% of the amount paid.
4.3. The Contractor has the right to refuse the Customer the provision of Services:
5.1. If the Customer refuses the Service:
5.3. The refund is made by the same method by which payment was made, or by another method agreed by the Parties, within 10 (ten) banking days from the date the Contractor receives the Customer's refund application.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Contractor undertakes to:
7.1. All materials provided by the Contractor to the Customer in the process of providing Services, including but not limited to: video and audio recordings of consultations, webinars, trainings, group and individual sessions, text, graphic and other materials, methodologies, presentations, as well as the content of the "HA-THA Wave" system itself (hereinafter collectively — the "Materials"), are objects of the Contractor's intellectual property and are protected in accordance with the legislation of Georgia on copyright and related rights.
7.2. The Customer is prohibited, without the prior written consent of the Contractor, from:
8. LIABILITY OF THE PARTIES
8.1. The Contractor is not liable for:
9. FORCE MAJEURE
9.1. The Parties are released from liability for full or partial non-performance of obligations if it was the result of force majeure circumstances (force majeure) that arose after the conclusion of the agreement and which the Party could neither foresee nor prevent by reasonable means. Such circumstances include: natural disasters, military actions, acts of state bodies making the performance of obligations impossible, as well as other circumstances recognised as force majeure in accordance with the legislation of Georgia.
9.2. The Party is obliged to notify the other Party of the occurrence of force majeure circumstances within a reasonable time. The period for the performance of obligations is extended for the duration of such circumstances. If they last more than 30 days, either Party has the right to terminate the agreement, and the Contractor returns to the Customer the amount paid less the cost of services actually rendered.
10. PRIVACY POLICY AND PERSONAL DATA PROCESSING
10.1. The Contractor processes the Customer's personal data in accordance with the Law of Georgia "On Personal Data Protection". Personal data means any information that allows the Customer to be identified (name, surname, contact phone number, email address, etc.) voluntarily provided by them when placing an order or in the process of providing Services. The full version of the privacy policy and personal data processing is located on the website: https://ha-tha-volna.com/privacypolicy-en
10.2. By accepting the Offer, the Customer confirms their consent to the processing of their personal data for the purposes of performing the agreement (including informing about the date and time of consultations, changes in the schedule, sending access to materials).
10.3. The Customer has the right to withdraw consent to the processing of personal data at any time by sending the Contractor a notice by email at hathavolna@gmail.com or via a messenger at the contact number indicated on the Website. In this case, the Contractor stops processing the data and deletes it within a period not exceeding 10 (ten) working days from the date of receipt of the notice, except in cases where the storage of data is required by law.
10.4. The Contractor undertakes not to transfer the Customer's personal data to third parties without their written consent, except in cases expressly provided by law.
10.5. An exception is the provision of information to parents about minor children, to spouses about each other (with mutual consent) and to an employer about employees (in the context of professional interaction) — with the express written consent of the relevant data subject or their legal representative.
11. FINAL PROVISIONS
11.1. The agreement concluded by acceptance of the Offer does not require bilateral signing and is valid in electronic form. This document fully expresses the content of the transaction.
11.2. All disputes and disagreements shall be settled by the Parties through negotiations. The claim procedure is mandatory. The response period for a claim is 15 (fifteen) calendar days. If no agreement is reached, the dispute is referred to a court at the Contractor's location in accordance with the legislation of Georgia.
11.3. The recognition of any provision of the agreement as invalid does not entail the invalidity of its other provisions.
11.4. On all issues not regulated by the agreement, the Parties are guided by the legislation of Georgia.
12. CONTRACTOR'S DETAILS
Individual Entrepreneur
Serhii Mykytyuk
Personal Number / Tax ID: 304787425
Settlement account (IBAN): GE67TB7007645064400013
Bank: TBC BANK
BIC/SWIFT: TBCBGE22
Phone: +995 591 908 340
Email: hathavolna@gmail.com
Website: https://ha-tha-volna.com/
Ordering and payment for any Service means full and unconditional agreement with the terms of this agreement. The current version of the document is always available on the Website.
1.1. This document is an official offer by Individual Entrepreneur Serhii Mykytyuk (hereinafter — the "Contractor") to conclude an agreement on the terms set out below. The offer is addressed to an unlimited number of individuals and legal entities and, in accordance with Article 328 of the Civil Code of Georgia, is recognised as a public offer (hereinafter — the "Offer").
1.2. The full list of services, their content, duration and cost are published on the Internet at https://ha-tha-volna.com/ (hereinafter — the "Website") and constitute an integral part of this Offer.
1.3. Acceptance of the Offer, in accordance with Part 3 of Article 329 of the Civil Code of Georgia, is recognised as the performance by the person who has received the Offer of actions to fulfil the conditions specified therein, including: registration on the Website, placing an order, making full or partial payment for services. From the moment such actions are performed, the agreement is considered concluded on the terms of the Offer in force on the date of acceptance, and the person acquires the status of the Customer and assumes all rights and obligations provided for by the agreement.
1.4. If an individual or legal entity does not agree with any provision of the Offer, they should refrain from performing the actions specified in clause 1.3. The performance of such actions means full and unconditional acceptance of all terms of the Offer.
1.5. The Offer is valid indefinitely throughout the entire period of its publication on the Website. The Contractor has the right to withdraw or amend the Offer at any time. For Customers who accepted the Offer before the effective date of the changes, the terms in force on the date of acceptance shall apply, unless otherwise expressly agreed by the Parties.
1.6. The following basic concepts are used in the Offer:
"Offer" — this document published on the Website.
"Contractor" — Individual Entrepreneur Serhii Mykytyuk, acting under the laws of Georgia.
"Customer" — an individual or legal entity that has accepted the Offer in the manner provided for in clause 1.3.
"Website" — a set of web pages placed on the Internet at https://ha-tha-volna.com/.
"Services" — consulting and educational services under the "HA-THA Wave" system, including individual and group consultations, online trainings, webinars, access to video courses, as well as other services described on the Website. The Services are of an informational, educational and health-improving nature and include body-oriented practices, movement meditation and breathing techniques.
"HA-THA Wave System" — the Contractor's proprietary methodology used for conducting consultations and teaching body-oriented practices, movement meditation and breathing techniques.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to provide the Customer, on a reimbursable basis, with the Services selected by the Customer, and the Customer undertakes to pay for and accept these Services in the manner and on the terms provided for by the agreement.
2.2. Services are considered duly rendered from the moment of:
- conducting a consultation (including by means of a video call or audio call);
- conducting online trainings and online courses by means of a video call;
- providing the Customer with access to video courses or other materials;
- transfer of information materials on electronic or physical media — depending on the specific content of the paid Service.
3. COST OF SERVICES AND PAYMENT PROCEDURE
3.1. The cost of Services is set by the Contractor and indicated on the Website or in the price list sent to the Customer prior to payment. All prices are expressed in euros (EUR).
3.2. Payment for Services is made on the basis of 100% prepayment, unless otherwise agreed by the Parties. The Customer is obliged to make payment no later than 24 hours before the agreed date and time of commencement of the provision of Services.
3.3. In the case of preliminary booking of the date and time of Services, the Customer makes a prepayment in the amount of 100% of the cost of the Service no later than 24 hours from the moment the booking is confirmed by the Contractor. If payment is not received within the specified period, the booking is cancelled.
3.4. Payment is made by the methods indicated on the Website, or by other methods previously agreed with the Contractor. The Customer's obligation to pay is considered fulfilled from the moment the funds are credited to the Contractor's settlement account. The Customer is responsible for the correctness of payment details and independently pays all commissions related to the transfer.
3.5. The Contractor has the right to change the cost of Services for future orders. The change in cost does not apply to Services already paid for by the Customer at the time the new prices are introduced.
4. PROCEDURE FOR PROVIDING SERVICES
4.1. Services are provided on the date and time agreed by the Parties in the format selected by the Customer from those available on the Website (video consultation, audio call, in-person meeting, provision of access to video courses, etc.).
4.2. The Contractor has the right to reschedule the date and/or time of provision of Services for valid reasons, notifying the Customer at least 24 hours in advance. In this case, the new date/time is agreed by the Parties. If the new time does not suit the Customer, they have the right to refuse the Service and receive 100% of the amount paid.
4.3. The Contractor has the right to refuse the Customer the provision of Services:
- before payment — without giving reasons;
- after payment — solely in cases of violation by the Customer of the terms of this agreement or the identification of circumstances that make the provision of Services impossible for reasons beyond the Contractor's control. In such case, the amount paid is returned to the Customer in full (100%), unless otherwise provided by Section 6.
5.1. If the Customer refuses the Service:
- If the notice of refusal is received by the Contractor no later than 24 hours before the agreed time of commencement of the Service, the Contractor returns to the Customer 90% of the amount paid. The withheld 10% is compensation for the Contractor's administrative and organisational expenses.
- If the notice is received less than 24 hours before the agreed time of commencement of the Service, the amount paid is not refunded.
5.3. The refund is made by the same method by which payment was made, or by another method agreed by the Parties, within 10 (ten) banking days from the date the Contractor receives the Customer's refund application.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Contractor undertakes to:
- provide Services of proper quality using the methods which they fully master;
- maintain the confidentiality of personal data and information received from the Customer in accordance with Section 8 and the laws of Georgia;
- not to disseminate personal information about the Customer in the media and on the Internet without the prior written consent of the Customer;
- in the event of impossibility to provide the Service at the appointed time for valid reasons — notify the Customer at least 24 hours in advance and agree on a new date.
- change the content and cost of Services for future orders;
- refuse to provide Services in the cases provided for in clause 4.3;
- not to refund the amount paid in the event of the Customer's absence from a consultation without prior notice, as well as in the event of refusal of the Service less than 24 hours in advance.
- familiarise themselves with the terms of the agreement prior to payment;
- pay for the Services in a timely manner and notify the Contractor of the fact of payment in a convenient way (via messengers, social networks or by email), indicating the date, amount and method of payment;
- interact correctly and respectfully with the Contractor in the process of providing Services;
- independently ensure the availability of the technical capability to receive Services in the selected format (Internet access, availability of the necessary software).
- services under the "HA-THA Wave" system are of an informational, educational and health-improving nature and do not replace medical, psychotherapeutic or legal assistance;
- specific results of using the information received depend on the Customer themselves, and the Contractor does not guarantee the achievement of any specific goals or results;
- the Contractor is not responsible for the Customer's subjective assessment of the Services, nor for any discrepancy between the Services rendered and the Customer's expectations, if they were rendered in accordance with the agreed description and programme.
7.1. All materials provided by the Contractor to the Customer in the process of providing Services, including but not limited to: video and audio recordings of consultations, webinars, trainings, group and individual sessions, text, graphic and other materials, methodologies, presentations, as well as the content of the "HA-THA Wave" system itself (hereinafter collectively — the "Materials"), are objects of the Contractor's intellectual property and are protected in accordance with the legislation of Georgia on copyright and related rights.
7.2. The Customer is prohibited, without the prior written consent of the Contractor, from:
- making audio and/or video recordings, photography, screen recording (screencasting) during the provision of Services by any technical means;
- copying, duplicating, reproducing the Materials in whole or in part in any form and by any means;
- distributing (including by posting on the Internet, transmitting via messengers, social networks, file-sharing services, email and other communication channels), publicly demonstrating, communicating to the public, processing or otherwise using the Materials;
- transferring to third parties the access granted to the Customer to closed sections of the Website, video courses, recordings and other Materials.
- unilaterally, out of court, refuse to perform the agreement and terminate the provision of Services to the Customer;
- in this case, the amount paid is not refunded and is regarded as compensation for the damage caused;
- demand full compensation for losses and lost profits in accordance with the legislation of Georgia;
- apply for the protection of violated exclusive rights to judicial and other authorised bodies.
8. LIABILITY OF THE PARTIES
8.1. The Contractor is not liable for:
- the further use or non-use by the Customer of information obtained as a result of the provision of Services;
- the actions of third parties (including unauthorised access to email, the Website, social media and messenger accounts) that caused damage to the Customer, provided that the Contractor has taken reasonable and sufficient organisational and technical measures to protect the information;
- temporary interruptions in the operation of the Website, messengers and other communication channels caused by reasons beyond the Contractor's control.
9. FORCE MAJEURE
9.1. The Parties are released from liability for full or partial non-performance of obligations if it was the result of force majeure circumstances (force majeure) that arose after the conclusion of the agreement and which the Party could neither foresee nor prevent by reasonable means. Such circumstances include: natural disasters, military actions, acts of state bodies making the performance of obligations impossible, as well as other circumstances recognised as force majeure in accordance with the legislation of Georgia.
9.2. The Party is obliged to notify the other Party of the occurrence of force majeure circumstances within a reasonable time. The period for the performance of obligations is extended for the duration of such circumstances. If they last more than 30 days, either Party has the right to terminate the agreement, and the Contractor returns to the Customer the amount paid less the cost of services actually rendered.
10. PRIVACY POLICY AND PERSONAL DATA PROCESSING
10.1. The Contractor processes the Customer's personal data in accordance with the Law of Georgia "On Personal Data Protection". Personal data means any information that allows the Customer to be identified (name, surname, contact phone number, email address, etc.) voluntarily provided by them when placing an order or in the process of providing Services. The full version of the privacy policy and personal data processing is located on the website: https://ha-tha-volna.com/privacypolicy-en
10.2. By accepting the Offer, the Customer confirms their consent to the processing of their personal data for the purposes of performing the agreement (including informing about the date and time of consultations, changes in the schedule, sending access to materials).
10.3. The Customer has the right to withdraw consent to the processing of personal data at any time by sending the Contractor a notice by email at hathavolna@gmail.com or via a messenger at the contact number indicated on the Website. In this case, the Contractor stops processing the data and deletes it within a period not exceeding 10 (ten) working days from the date of receipt of the notice, except in cases where the storage of data is required by law.
10.4. The Contractor undertakes not to transfer the Customer's personal data to third parties without their written consent, except in cases expressly provided by law.
10.5. An exception is the provision of information to parents about minor children, to spouses about each other (with mutual consent) and to an employer about employees (in the context of professional interaction) — with the express written consent of the relevant data subject or their legal representative.
11. FINAL PROVISIONS
11.1. The agreement concluded by acceptance of the Offer does not require bilateral signing and is valid in electronic form. This document fully expresses the content of the transaction.
11.2. All disputes and disagreements shall be settled by the Parties through negotiations. The claim procedure is mandatory. The response period for a claim is 15 (fifteen) calendar days. If no agreement is reached, the dispute is referred to a court at the Contractor's location in accordance with the legislation of Georgia.
11.3. The recognition of any provision of the agreement as invalid does not entail the invalidity of its other provisions.
11.4. On all issues not regulated by the agreement, the Parties are guided by the legislation of Georgia.
12. CONTRACTOR'S DETAILS
Individual Entrepreneur
Serhii Mykytyuk
Personal Number / Tax ID: 304787425
Settlement account (IBAN): GE67TB7007645064400013
Bank: TBC BANK
BIC/SWIFT: TBCBGE22
Phone: +995 591 908 340
Email: hathavolna@gmail.com
Website: https://ha-tha-volna.com/
Ordering and payment for any Service means full and unconditional agreement with the terms of this agreement. The current version of the document is always available on the Website.