Agreement (offer)

for the provision of consulting and information services



This contract is a public contract and a contract of accession. Upgrade People LLP, UK, OC443065 (hereinafter - the "Contractor"), offers an individual (hereinafter - "Client"), together subsequently referred to as the "Parties", and separately - the "Party", to conclude this contract for consulting and information services, posted on the Internet at (hereinafter - the "Contract"), on the terms and conditions set forth below. 


1.1 Offer - is a public Adhesion Agreement for the provision of consulting and information services, including services to organize and provide Client access to the Course.
1.2 Website - is the Internet website: where the Agreement is located.
1.3. Acceptance of the Offer ("Offer Approval") means the Client's full and unconditional acceptance of the Offer by taking actions both on the Website and by taking actions provided for in this Agreement.
1.4 The Agreement is a public contract between the Client and the Contractor for the provision of services, which is concluded by accepting this Offer by the Client, and is a contract of adhesion, which can only be concluded by joining the Client to the proposed contract as a whole.
1.5 Consulting and Information Services (hereinafter referred to as "Services") are services through coaching as defined by the International Coaching Federation. The parties understand that the Coaching Services are not psychotherapy services, including psychological counseling or psychological training services.
1.6. The Contractor - an Individual Entrepreneur Kostyuk Alexander Dmitrievich, who is registered in the Uniform State Register of Legal Entities, Individual Entrepreneurs and Public Formations of Ukraine dated 07.10. 2020 under the number 2000650000000066400 (Tax Identification Number 2076800053)
1.7 A Coach is a member of the International Coaching Federation, РСС level (Professional certified coach), who provides coaching services under the program "International Professional Coach" (hereinafter referred to as the program) from CoachingUP - International University of Coaching Development, accredited by ICF at the ACTP level (Accredited Coach Training Program).
1.8. Customer/ Client - is any capable individual who accepts the Offer on the terms and conditions set forth in it, and by his/her actions has acceded to this Agreement wishing to receive the Services provided by the Contractor.
1.9 The International Coaching Federation (ICF – visit the official website is a non-profit organization, a professional association of coaches whose activities are aimed at the development of quality coaching worldwide (hereinafter referred to as ICF).
1.9 Course - is the completion and study of the program for individuals, the characteristics and cost of which are defined in the corresponding Participation Package.
1.9. Participation Package - is the information placed on the Website about the characteristics of the course, in particular its duration, timing, form and features of access to training, the method and place of the course, the rules of the course, cost and other, which the Client chooses independently.
1.10. Application for the Course - is an electronic registration form to order the Course, to be filled by the Client in electronic form on the Website to provide the information necessary for the Executor to implement its obligations under this Agreement, to confirm the conclusion of this Agreement by the Client.
1.11. Coaching competencies are a system of knowledge, skills and abilities defined by ICF for the certification of its members, which are applied by coaches in the course of their work.
1.12. The examination session is an exam of the core eight (8) coaching competencies and thirty-seven (37) markers within thirty (30) minutes to obtain an ACTP certificate in accordance with ICF evaluation methods, norms and standards.


2.1 The Executor provides the Services to the Client and the Client undertakes to accept and pay for them in the amount and on the terms stipulated by this Agreement and the Appendices to it.
2.2 Together with the services the Executor provides the information product to the Course in the form of author's seminars, webinars, audio, video, text materials and individual consultations of the Executor. Any information product received from the Executor is protected by the legislation of Ukraine in the sphere of intellectual property.
2.3 The total amount, characteristics, type and cost of the Services, which will be received by the Client, is specified in the participation package chosen by him/her, and is an integral part of this Agreement.
2.4 While rendering the Services according to the present Agreement the Executor has the right to involve the specialists with necessary qualification. In this case, the Executor is responsible only for the availability of specialists with appropriate qualifications.
2.5 Without further signing of written copies of this Agreement by the Parties it, the Agreement shall be considered concluded from the date of receipt by the Executor of payment from the Client for the Executor services under this Agreement (from the date of crediting the funds paid by the Client to the Executor bank account), provided that the Application for the Course is correctly filled out.
2.6 Services under this Agreement are not educational services within the meaning of the Law of Ukraine "On Education".
2.7 Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all rights and powers that are necessary and sufficient for the conclusion and execution of this Agreement in accordance with its terms.
2.8 Upon completion of the rendering of the Services, the act of the rendered services is not formed and not signed.
Services shall be deemed duly rendered and accepted by the Customer in full if within 3 (three) working days from the end of the Services the Contractor has not received to his email:, motivated written objections to the quality of services rendered. In any case, the absence of any written objections within the specified period shall be considered as an acknowledgement of the fact of proper quality of services.
2.9 Upon completion of the Services, under the condition of passing the exam at the Examination Session - the client receives a Certificate ("ACTP International Certificate").


3.1 Placing the text of this Agreement on the Website is an offer of the Contractor to all individuals who wish to order and take the course, to enter into this Agreement on the conditions specified therein.
3.2 The offer can be accepted by any individual who has an interest in the purchase of services by the Contractor.
3.3. The Offer is considered accepted by the Customer if he/she has performed the following actions (in their totality):
- has correctly filled in the Application for the Course;
- has paid for the services of the Executor, according to the selected participation package, after the registration of the Application for the Course according to the details provided by the Executor and within the period specified by the Executor.
The Executor can specify requisites for payment of services when the Client makes an online payment (funds transfer through various electronic resources) or by sending an invoice to the email address specified by the Client in the Application for the Course.
3.4 Acceptance of this Offer means that the Customer is familiar with all the terms and conditions set forth in this Agreement, the Customer understands them and unconditionally accepts all these terms and conditions in their entirety (in full and without exception).


4.1 The Executor is obliged:
4.1.1 Upon acceptance of the agreement and Client's compliance with the terms of this Agreement, provide Client with the ability to access the Course of his/her choice in accordance with the characteristics and rules of the Course defined in the Participation Package he/she has selected.
4.1.2. Provide the Customer with consultation and information about the Course at the Customer's request.
4.1.3. Inform the Customer of the rules and requirements of the Course, its contents and characteristics on the Website, in the text of this Agreement, in the Course Proposal and/or in other ways accessible to the Customer.
4.1.4. Inform the Customer within a reasonable time about the resumption of the provision of Services (clause 5.2.4.) by sending a written notice to the Customer's email address.
4.1.5 After receiving payment from the Client for the Services, but before they are provided - to give the Client access to the Personal profile, by sending to the Client's email the information necessary for access to the Personal profile.
4.2 The Executor has the right to:
4.2.1. change the order of the Course at his/her own discretion during the period of validity of the Course Offer if it does not entail a breach of the program.
4.2.2 In case of the Client's refusal to take the ordered and paid course regardless of the reasons, the Executor shall make a refund with deduction of the costs actually incurred by the Executor from the amount paid by the Client.
4.2.3 At its discretion, to decide on the possibility of refunding to Client the funds paid by Client for the Course if Client has not started the Course and has not submitted a written application in accordance with sub-clause 5.2.3. of this Agreement.
4.2.4. Terminate the Client's access to the Course at any stage without refund:
- In case of violation of the rules of conduct during the Course. The specified violations are: inciting ethnic conflicts, insulting the participants of the Course, the leading coach (lecturer, etc.), forcing them to deviate from the subject of the Course, advertising, obscene language and other cases stipulated by Section 5 of this Agreement;
- in the case of establishing the fact of the Client's giving the details for access to the Course to third parties, distribution of information and materials received by the Client in connection with participation in the Course to third parties for a fee or free of charge. The Client's use of information and materials obtained as a result of receiving services from the Provider is allowed only for personal purposes and for personal use.
4.2.5 To make a photo and video shooting during rendering Services and to use materials received from photo and video shooting at their own discretion. Executor owns the exclusive copyright, as well as allied with the exclusive copyright for these materials. The use of materials obtained by photo and video shooting is possible only with the written permission of the Executor.


5.1. The Client is obliged:
5.1.1. fill in the Application for the Course correctly and truthfully on the Executor's website and confirm his/her unconditional consent with the rules and procedure of access to the Course and its completion, as well as to read the Privacy Policy. The consent with the rules and order of access to the Course is considered as provided by the Client, if he/she has sent the Application for the Course.
5.1.2. Pay the cost of the Course in time and in the amount (if the payment procedure - is monthly), according to the selected participation package.
5.1.3. Comply with the requirements of this Agreement, the rules and procedures of the Course specified on the Website, comply with the requirements of Ukrainian legislation in the performance of this Agreement and the Course.
5.1.4. Refrain from any behavior during the course:
- which may disturb other participants of the Course, invited coaches, lecturers and other persons to participate in the Course and receive information during the Course;
- that humiliates the honor, dignity, business reputation of the Contractor, other participants of the Course, invited persons, coaches, lecturers and other persons, including by posting such information on the Internet, in printed publications, newsletters or in any other way that has a public nature.
5.1.5 The Client is prohibited to reproduce, repeat, copy, sell or use for any other purpose information and materials (audio, video, etc.) that became available to him/her in connection with the provision of services by the Contractor and access to the Course, except for the use of such information and materials solely for his/her own needs.
5.2 Client has the right:
5.2.1 To choose the Course according to his/her own needs, by selecting a Participation Package with appropriate characteristics, parameters and format of service provision.
5.2.2 To receive Services of proper quality and to the amount stipulated by this Agreement and the chosen Participation Package.
5.2.3 To apply to the Executor to solve the issue of the refund of the money paid for the Course in case the Client has not started the Course or has stopped the Course.
5.2.4 To suspend the process of receiving Services by sending to the Executor a written notice on such a decision to email: The written notice shall specify the date of suspension and the expected date of resumption of Services. The Executor reserves the right to change the date of resumption of Services receipt by the Customer.


6.1 The cost of services under this Agreement is determined by the Package of participation in the Course published on the Website.
6.2 Payment of the cost of services of the Contractor under this Agreement shall be made in non-cash form in the manner and within the time specified according to the information on the Website for a particular Course and / or participation package:
by making an Internet payment;
by paying an invoice at a banking institution.
The content of the Internet payment or payment document of the banking institution must necessarily indicate the name of the Client in the column "Purpose of payment" and the name of the person who will participate in the Course.
6.3 The cost of services does not include any commissions charged by banks or payment systems for carrying out the payment. The commission costs shall be paid additionally by the Client.
6.4 The services are considered fully paid at the moment of crediting the full cost of services to the Executor's account.
6.5 If the Client has not started the Course within the period of access to it (regardless of the reasons), has not completed the Course before its completion (regardless of the reasons), the Client shall not be refunded the payment for services paid by the Executor without the Client's written application. In such cases, the Executor may, but is not obliged to, decide to refund the Client the money paid for the Course, at its discretion.


7.1 The Parties shall be liable for non-performance or improper performance of the obligations specified in the Agreement according to the current legislation of Ukraine and requirements of the Agreement.
7.2 If the Client has not paid the fee for the provision of services in time and / or not in full, the Contractor has the right to terminate the contract and / or refuse to allow the Client to take the Course.
7.3 If the Client transfers the information materials received during the course to third parties without the written permission of the Executor, or if it is found that the Client uses these materials for commercial purposes, the Client is responsible:
- Client is dismissed from
- Any losses of the Client or third parties arising through no fault of the Executor.
7.4 Information on a particular Course and the peculiarities of the Client's access to the Course (including technical characteristics of the equipment necessary for access to the Course) are provided in the Participation Package and on the Executor's website. In case of non-compliance of the technical equipment of the Client with certain requirements specified in the Course Package, the Executor is not responsible for the Client's inability to access the Course. 7.5.
7.5 Any actions of the Client aimed at preventing the Executor to provide services to other clients or actions of the Client that resulted in non-provision or improper provision of services by the Executor under this Agreement entails the termination of this Agreement without refunding the cost of services to the Client.
7.6 The Executor is not responsible for:
- inability to provide the Services for reasons beyond their control, including force majeure, such as: disruption of communication lines (Internet), sudden absence or malfunction of equipment, failure or termination of various Internet resources (including Zoom, Skype, etc.), lack and / or deterioration of quality of communication and data transmission, provided by mobile operators and Internet service providers;
- Security breach or malfunction of the equipment used by the Client to receive services;
- the impossibility to conduct the Course due to a breach of obligations by the owners / users of the venues where the Course is conducted;
7.7 In any event, the aggregate liability of the Contractor for any claim or action under this Agreement shall be limited to the value of the service provided under the Agreement.


8.1 This Agreement shall be terminated:
- by agreement of the Parties;
- in the cases stipulated by clauses 7.2. and 7.3. of this Agreement;
- in case of death of one of the Parties to the Agreement.
8.2 The Executor reserves the right to prohibit the Client to receive services if the Client violates the rules of the Course for a period until the elimination of such violation.


9.1 The Agreement is effective from the moment of posting on the Internet (on the Website) and is valid until the withdrawal or modification of the offer by the Contractor. The Parties shall use telephone and other types of available communication via the Internet (including mobile applications VIBER, TELEGRAM, etc.) when performing the terms of this Agreement.
9.2 The Contractor shall reserve the right to amend the terms and conditions of the Offer and/or withdraw the Offer at any time at his/her own discretion. In the case of making changes to the Offer, such changes shall take effect from the moment of posting the amended text of the Offer on the Website, unless another effective date of the changes is additionally determined at the time of such posting.
9.3 Agreement (contractual relationship) comes into force from the moment of acceptance of the offer by the Client in the order provided by this Agreement, and is valid until the full performance of the Executor's obligations under this Agreement. Full performance of the Executor's obligations to the Client is determined by the moment of the expiry of the period allotted to the Client for access to the selected Course in accordance with the terms of the Participation Package.
9.4 Termination of the Contract at the initiative of the Executor is formalized by sending a written notice to the Client to his/her email address specified when registering on the Website.
9.5. By accepting this Agreement the Client confirms the accuracy and reliability of the information provided in the electronic registration form (Course Application Form) and that the Client is fully acquainted and agrees with the rules and procedures of the Course posted on the Website and undertakes to comply with them.
9.6. By accepting this Agreement, the Client voluntarily consents to the processing of his/her personal data in the Executor's personal database in order for the Executor to perform its obligations under this Agreement and in the manner prescribed by the Law of Ukraine "On Protection of Personal Data". The Contractor shall have the right to provide the Customer's personal data to its employees, co-organizers, as well as to third parties involved in the provision of services under this Agreement solely to achieve the purposes of this Agreement.
9.7. Each of the Parties to this Agreement shall be fully responsible for the accuracy of the details specified by it and shall promptly notify the other Party in writing of any changes, and in case of failure to notify, shall bear the risk of related consequences on its own.


Company Type: Limited Liability Partnership
Situation of Registered Office: England and Wales