License Agreement

Last version updated May 01, 2024

Visotsky Consulting Inc. (368 9th Ave 6FL, New York, NY 10001), registered as a legal entity under the laws of the State of New York, USA, hereinafter referred to as "Licensor", represented by its President Oleksandr Vysotskyi, hereby expresses its intention to enter into an agreement with the Licensee, who has accepted the terms and conditions hereof, on the following terms and conditions this license agreement (hereinafter referred to as " Agreement")

This Licensor's public offer is permanently placed at: https://my.bbooster.online/terms_motivation and is addressed to a legal entity or individual (hereinafter referred to as the Licensees), is an official offer of the Licensee to conclude this Agreement on the terms and conditions set forth in the offer. The legal entity or individual who makes acceptance of this offer becomes the Licensee.

Terms and Definitions

Offer - this document "Contract for the Provision of Services", a public offer of the Licensor, addressed to individuals or legal entities, to conclude this Agreement with him on the terms contained in the Agreement.

Acceptance - full and unconditional acceptance by the Licensee of the terms of the Agreement. Acceptance under this Agreement is the fact that the Licensee pays an invoice for the services of organizing and conducting an online intensive or the cost of the Services provided by the Licensor.

Licensee - any individual or legal entity that has expressed its intention to conclude the Agreement on the conditions specified in it by performing the actions specified in the Agreement. When such actions are performed, the Agreement is considered concluded unconditionally and completely in the edition that was in effect on the day of the last payment, without exclusion or change of any of its provisions. If the payer under the Agreement is a legal entity, then it must determine the individual who will perform the functions of the Licensee under the Agreement in exercising rights and fulfilling obligations from the Agreement.

Personal Account - a specialized section of the Platform, which is a set of pages protected by special means of protection, created using special software as a result of the registration of the Licensee on the Site. Access to the Personal Account and the information contained in it is available by entering the Licensee's identification data (login and password) in the fields provided for this on the Site. Legally significant actions performed in the Licensee's Personal Account are recognized as committed by the Licensee with his simple electronic signature, where the identifier and key of the electronic signature is his authentication data. Upon additional agreement between the Licensee and the Licensor, access to the online intensive through a separate Personal Account can be provided to a third party indicated by the Licensee, provided that the Licensee is responsible for his actions as for his own. In this case, as part of the execution of the Agreement, such a third party is equated to the Licensee and has all the same rights and obligations when using the Services as the Licensee, unless otherwise expressly stated in the Agreement.

1. The Subject of the Agreement

1.1. The Licensor undertakes to provide services to the Licensee for remuneration for providing access to the online training intensive “Motivation and salary system” (hereinafter referred to as Services, online intensive), a detailed list of which is indicated on the website https://my.bbooster.online/motivation and in the content of the online intensive set out in Appendix No. 1 to this Agreement, and the Licensee undertakes to accept and pay for the Services in accordance with the Agreement. The provision of services under the contract does not apply to the advanced training program and does not provide for the Licensee to pass the final certification.

1.2. Services are provided by the Licensor in the online format. Services are provided to the Licensee as part of a group.

1.3. Services are provided by providing access to the GetCourse online platform through access to the Personal Account. Access to the Personal Account is carried out by entering the identification data of the Licensee (login and password). Legally significant actions performed in the Licensee's Personal Account are recognized as committed by the Licensee with his simple electronic signature, where the identifier and key of the electronic signature is his identification data.

1.4. By concluding this agreement, the Licensee confirms that he has been provided with the necessary and reliable information about the services provided by the Licensor (including the methods of obtaining them, programs, requirements, etc.), ensuring the possibility of their correct choice.

1.5. The Licensor confirms that the provision of services under this agreement is subject to copyright and other related rights of the Licensor and other persons. The Licensor has the right to provide the Licensee with a simple non-exclusive license to use the platform.

2. Rights and Obligations of the parties

2.1. The Licensor has the right:

2.1.1. Provide Services both on its own and with the involvement of third parties. At the same time, the Licensor guarantees that the persons involved by it have the necessary knowledge, skills, abilities and qualifications to provide the Services. The Licensor is responsible for all actions of third parties involved by him in the provision of Services to the Licensee as for his own.

2.1.2. Make changes to the Program for the provision of services - change the content without changing the subject.

2.1.3. Increase the cost of services provided. In this case, the cost of services actually paid by the Licensee is not subject to change.

2.1.4. Use Licensee reviews and comments as part of advertising their services.

2.2. The Licensor is obliged:

2.2.1. Start the provision of the Services not earlier than the start date of the provision of the Services, subject to full payment for the Services by the Licensee.

2.2.2. Provide Services in a quality and timely manner in accordance with the terms indicated on the website at: https://my.bbooster.online/motivation.

2.2.3. Provide the Licensee with information support as part of the provision of services.

2.2.4. Provide the Licensee, if necessary, with an act of services rendered upon the provision of services.

2.2.5. Do not disclose personal data of the Licensee. Comply with the Privacy Policy when processing the Licensee's personal data.

2.3. The Licensee has the right:

2.3.1. Request from the Licensor information regarding the provision of the Services, terms and other information related to the provision of the Services.

2.3.2. Receive paid services in full - according to the Program for the provision of services.

2.3.4. Provide feedback and comments on the fact of the provision of services.

2.3.5. Independently decide on the actual receipt of services, including attendance at an online event.

2.4. The Licensee is obliged:

2.4.1. Make payment for services in accordance with the terms of this agreement.

2.4.2. Within 5 (Five) working days after receipt of the Act from the Licensor, sign it or provide reasoned objections to the Act. If, within the specified period, the Licensor does not receive from the Licensee either the signed Certificate or objections to it, then the Certificate, by virtue of the agreement of the Parties, will be considered signed, and the Services specified therein will be considered accepted by the Licensee.

2.4.3. Comply with the conditions and requirements of the Licensor regarding the provision of services.

2.4.4. Comply with the regime of confidential information established by the Licensor in terms of the services provided.

2.4.5. Comply with the requirements and restrictions regarding the protection of copyrights of the Licensor and other persons involved in the provision of services.

2.4.6. Ensure the confidentiality of the login and password to the Personal Account on the platform, do not disclose the Login and password to any third parties. In case of failure to fulfill this obligation, the Licensee shall bear the risk of negative consequences.

3. Payment for the Licensor's services

3.1. The Licensee pays for the Licensor's services according to the price approved by the Licensor, valid on the payment date specified on the website https://my.bbooster.online/motivation and in Schedule No. 2 to this Agreement.

3.2. Payment is made by transferring funds to the account of the Licensor specified in the contract. The moment of fulfillment of the Licensee's financial obligation is the date of crediting the funds to the Licensor's settlement account.

3.3. By agreement of the parties, payment to the Licensor may be made by the Creditor Bank, which provided the Licensee with a credit (loan) for the purchase of the relevant product (services). In this case, the Licensee's obligations to the Licensor in terms of payment for services are considered fulfilled from the moment the funds are received on the Licensor's settlement account. Obligations related to the provision of a credit (loan) to the Licensee, including its repayment, as well as the payment of interest on the loan, arise directly between the Creditor Bank and the Licensee.

3.4. Payment for the Licensor's services is made no later than the start of the online intensive.

3.5. All bank charges related to the transfer of funds are paid by the payer. All bank charges associated with the receipt of funds are paid by the recipient.

4. Liability of the parties

4.1. For violation of the terms of this agreement, the Parties shall be liable under the current legislation at the place of registration of the Licensor.

4.2. Violation by the Licensee of the term of payment for the services of the Licensor is the basis for refusing to provide services to the Licensee. If the Licensee expresses an intention to receive the services of the Licensor, their payment is made in accordance with the approved prices in force at the time of payment.

4.3. The Licensor is not responsible for the impossibility of the Licensee to use the services of the Licensor and / or access to the Personal Account for reasons beyond the control of the Licensor, such as the quality of the Internet connection, the availability and operation of the equipment and software of the Licensee.

4.4. The Licensor is not responsible for the non-compliance of the Services provided with the Licensee's expectations and / or for his subjective assessment. Such non-compliance with expectations and / or negative subjective assessment are not grounds to consider the Services rendered of poor quality, or not in the agreed volume.

4.5. All information received by the Licensee as part of the execution of this agreement can be used by him exclusively personally (within the development of personal competencies in the relevant field). The Licensee acknowledges that the Licensor and persons involved by him under the execution of this agreement have the exclusive right to use information (including video and audio products, text documents, graphic, visual images, diagrams, tables, methods and other materials) as part of the provision of services by the certain agreement. In connection with the above, the Licensee undertakes not to use, distribute in any way or transfer the information received as part of the execution of this agreement, not to create products based on the information received and not to provide services similar to those provided for in this agreement. The Licensee is responsible for violation of the copyrights of the Licensor and / or third parties in accordance with applicable law, in addition, in case of misuse of the intellectual property of the Licensor and third parties, the Licensee pays to each person whose rights are violated a fine of 2,800 US dollars for each in the event of a violation, as well as in addition to the fine, compensates the Licensor for all losses caused by such a violation.

4.6. Liability, including the payment of penalties (fines and penalties), does not relieve the Parties from the fulfillment of the obligations established by the Agreement, as well as from compensation for losses to the other Party that were associated with the relevant violation.

4.7. Holding the violating Party liable and recovering damages from it is a right, not an obligation, of the injured Party.

4.8. Since, under this agreement, the Licensor provides services in an online format by providing access to the platform, in the event that the Licensee does not use the right to access the Personal Account, the Licensee fails to appear at the beginning of the online event, refuses to participate in it, and also interrupts participation in the online event for any reason, the Licensor shall not reimburse the cost of the Licensee's paid services under the Agreement.

4.9. The Licensee has the right to terminate this Agreement by notifying the Licensor in writing within 1 (one) day from the start of the online intensive in accordance with the conditions posted on the website: https://my.bbooster.online/motivation. In this case, the return of funds paid by the Licensee as a remuneration under this Agreement is made within 10 (ten) business days from the date of the Licensee's request for a refund.

5. Force majeure circumstances (force majeure)

5.1. The Parties are released from liability for partial or complete failure to fulfill obligations under the Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Party could neither foresee nor prevent by reasonable measures.

5.2. Force majeure events include, but are not limited to: hostilities, fires, natural disasters, military operations of any kind, blockades, export or import bans, strikes, civil commotions, delays due to accidents or adverse weather conditions, epidemics, pandemics, emergencies , including in the field of healthcare, decisions or actions of state bodies that do not allow fulfilling obligations. Force majeure circumstances also include the introduction of restrictive measures by state and municipal authorities in connection with the threat of the spread of coronavirus infection (2019-nCoV), including the introduction of non-working days during the period of restrictive measures and the closure of borders between settlements.

5.3. A party that fails to fulfill its obligation due to force majeure must immediately notify the other party of the impediment and its effect on the performance of obligations under the contract.

5.4. If force majeure circumstances last for 2 (Two) consecutive months and show no signs of termination, the Parties undertake to agree on the procedure for their further cooperation under the Agreement. If agreement is not reached within 30 (Thirty) days after the expiration of the specified two-month period, the Agreement may be terminated by either Party by sending a notice of termination to the other Party. In this case, the Agreement shall be deemed terminated on the 15th (Fifteenth) day after the day the notice of termination was sent, unless a different, later date is specified in the notice itself.

6. Dispute Resolution

6.1. All disputes and disagreements that may arise during the execution of the Agreement will, if possible, be resolved by the Parties through negotiations and consultations, in compliance with the pre-trial (claim) procedure between the Parties.

6.2. The interested Party sends the other Party a claim in writing, signed by an authorized person. The claim must be sent using means of communication that ensure the recording of its dispatch (by registered mail, telegraph, etc.) and receipt, or handed over to the other Party against receipt or confirmation by e-mail specified in the details of the Parties.

6.3. The claim must be accompanied by documents substantiating the claims made by the interested Party (if the other Party does not have them), and documents confirming the authority of the person who signed the claim. These annexes shall be submitted in the form of duly certified copies. A claim sent without documents confirming the authority of the person who signed it is considered not presented and is not subject to consideration.

6.4. The Party to which the claim is sent is obliged to consider the received claim and notify the Party concerned in writing of the results within 10 (Ten) working days from the date of receipt of the claim.

6.5. If it is impossible to resolve the dispute through negotiations or if the Parties fail to reach an agreement on the disputed issue within 30 (thirty) working days, it is subject to consideration in court at the location of the Licensor in accordance with the current legislation at the place of registration of the Licensor.

7. Personal data

7.1. By concluding this agreement, the Licensee agrees to the processing of personal data, including: full name, date of birth, phone number, e-mail, passport data (series, number, date and issuing authority), to the extent necessary and sufficient for the execution of this agreement. In addition, in case of payment for the Licensor's services at the expense of a loan (loan), the Licensee grants the Licensor the right to transfer the above and other necessary data to the Lender in order to provide a loan.

8. Final provisions

8.1. Any changes and amendments to the Agreement are valid only if they are posted by Licensee on the Internet. Annexes to the Treaty constitute its integral part.

8.2. The exchange of documents, the Acts under the Agreement may be carried out in electronic form by exchanging scanned copies with signatures of authorized representatives of the Parties. Scanned copies of documents have the legal force of the originals and can be used as evidence in court.

8.3. The Agreement comes into effect from the date of acceptance by the Licensee of the terms of the Offer and shall remain in force until the Parties have fully performed their obligations.

9. Applications

9.1. Schedule № 1 “Contents of the online intensive”.

9.2. Schedule № 2 “Content and cost of online intensive rates”.

Schedule No. 1
to the License Agreement

Online intensive content

1. Stop destroying employee motivation! Typical mistakes of business owners

The Licensee learns:

• Mistakes that 98% of business owners make when designing a payroll system
• What business problems can be solved with the right employee incentive system and what can't be solved with the right employee incentive system
• Types of employee motivation
• How to determine true motivation at the hiring stage

2. How to motivate employees without inflating the payroll: 10 non-standard methods

The Licensee learns:

• 5 motivation methods you're not using, and burning money on paychecks as a result
• Low-cost non-salary ways to motivate - how big corporations do it

3. How not to kill motivation with a paycheck

The Licensee learns:

• How the payroll system weakens employee motivation regardless of the size of the paycheck
• Why your employees do not work for results even with high salaries
• 5 key salary criteria that increase employees' responsibility and interest in the overall result

4. Ideal performance-based payroll system

The Licensee learns:

• How to calculate the salary depending on the position and area of responsibility
• How to set a performance-based salary when combining positions
• Who can benefit from a point-based salary system
• How to organize piece-rate wages within the company so that employees do not scatter in the process
• Without which tools the system of payment for results will not work

5. How to implement a bonus system and increase engagement

The Licensee learns:

• How to form a bonus fund without damaging the business
• How to build a system of coefficients and avoid typical mistakes
• What dangers await you when implementing a bonus system
• Additional bonus system as an engagement management tool
• How to reward non-systematic but necessary actions

6. 5 Life Hacks for using the motivation and payroll system

The Licensee learns:

• How often you should pay salaries, why paying once a month is a bad decision
• How to keep your employees highly motivated throughout the month
• What an ideal motivation and salary payment system should look like
• How the motivation system changes when the company's income drops/increases dramatically

1 Bonus inside the intensive: Payroll Regulation Template.

2 Bonus inside the intensive: Instruction. How to correct an employee so as not to kill his motivation.

3 Bonus inside the intensive: Template of gamification regulations

Schedule No. 2
to the License Agreement

Content and cost of online intensive rates

Online intensive dates shall be set by the Licensee

The online intensive includes:

• 3 days of 2 hours online + access to recordings
• 6 content blocks
• Practical assignments with breakdown
• Business engineer support and answers to questions
• Examples of incentive systems for different industries
• 3 Q&A sessions with a business engineer

The cost is set by the Licensee. The date of payment for the online intensive is the date of transfer of funds to the Licensee's account.