This English translation is provided for convenience. If it differs from the Ukrainian version, the Ukrainian version prevails.
Public offer agreement
This document is an official proposal (public offer) by Individual Entrepreneur (FOP) Andriy Volodymyrovych Maryniak (hereinafter the “Contractor”) to conclude an agreement for the provision of polygraph services on the terms set out below. Ordering a service by any means constitutes the Client’s full and unconditional acceptance of the terms of this offer (Articles 633, 641 and 642 of the Civil Code of Ukraine).
1. Definitions
Contractor — Individual Entrepreneur A. V. Maryniak, who provides polygraph testing services. Client — an individual or a legal entity that orders a service. Service — a psychophysiological examination using a polygraph (lie detector) and related services.
2. Subject of the agreement
The Contractor undertakes to provide the Client with polygraph testing services in accordance with the selected type of examination, and the Client undertakes to accept and pay for these services. The list and prices of the services are given on the Prices page.
3. Conditions for the provision of services
A test is carried out only with the voluntary written consent of the person being tested. Testing is not carried out on persons in a state of alcohol or drug intoxication, persons with acute illnesses, women in late pregnancy, or children under 12 years of age. Persons aged 12 to 18 are tested only with the written consent of their parents or other legal representatives and if their level of development allows them to understand what the test is about (American Polygraph Association Model Policy for the Evaluation of Examinee Suitability for Polygraph Testing, 2012).
4. Price and payment procedure
The price is determined according to the price list in effect at the time of the order. Payment is made in cash, by payment card or by bank transfer using the IBAN details. Details are on the Payment and delivery page.
Services provided on a Sunday are charged at a double rate (price-list price × 2).
5. Rights and obligations of the parties
The Contractor undertakes to provide the service with due quality, confidentially and at the agreed time, and to issue a conclusion based on the results of the examination. The Client undertakes to provide truthful information, to appear at the appointed time and to pay for the service.
6. Confidentiality
All information obtained during the test is confidential. The results are provided exclusively to the Client and are not disclosed to third parties, except in cases provided for by law. Personal data are processed in accordance with the Privacy Policy.
7. Liability
The polygraph examiner’s conclusion is indicative (probabilistic) in nature and does not constitute evidence within the meaning of procedural legislation, unless otherwise established by a court. The Contractor is not liable for decisions that the Client makes on the basis of the examination results.
8. Digital products
8.1. The Contractor provides the Client with paid access to digital products (information and consulting services): “Fidelity test plan” — 590 UAH (≈ €12); “Theft investigation plan” — 990 UAH (≈ €20); “Staff screening plan” — 990 UAH (≈ €20); “Document pack for polygraph tests” (a consulting service for selecting documents; the result of the service is a selection of document templates in Word format) — 1,490 UAH (≈ €30); “Business Kit” (Theft investigation plan, Staff screening plan and Document pack) — 2,990 UAH (≈ €59).
8.2. Access is provided as a link to the product immediately after payment or, if payment is made by bank transfer, after the Contractor has confirmed it. The service is deemed to have been provided from the moment access is granted.
8.3. Once access has been granted, the funds are not refunded. If access was not granted for technical reasons within the Contractor’s control, the funds are refunded at the Client’s request within 14 calendar days.
8.4. The amount paid for access to a tool (590 UAH (≈ €12) or 990 UAH (≈ €20) respectively; for the Business Kit — 990 UAH (≈ €20)) is credited towards payment for any test with the Contractor ordered within 6 months of the date of payment for access, provided that the Client quotes the code obtained in the tool’s final summary. The price of the “Document pack for polygraph tests” is not credited towards payment for a test.
8.5. The tool is informational in nature: it helps prepare questions for a test and is not a conclusion about any person. The data the Client enters into the tool are stored only on the Client’s device and are not transferred to the Contractor unless and until the Client sends them personally.
8.6. Access is granted for the Client’s personal use; passing the link on to third parties is not permitted.
9. Prepaid tests: rescheduling, refunds, retests
9.1. This section applies to services paid for in advance, in particular EyeDetect and VerifEye tests paid for online. The Parties agree on the date and time of the test after payment.
9.2. The Client may reschedule the agreed date by notifying the Contractor no later than 24 hours before the start of the test. If the Client gives notice later or fails to appear, the service is deemed to have been provided and the amount paid is not refunded.
9.3. If the test did not take place for reasons beyond the Contractor’s control, the amount paid is not refunded, except as provided in clause 9.6. If the test did not take place through the Contractor’s fault, it is carried out on another agreed date at no extra charge.
9.4. If a test result cannot be obtained (the test is invalid) through the Contractor’s fault — because of lighting, or an equipment or software failure — a retest is carried out free of charge. If the test is invalid for reasons attributable to the person taking it (lack of sleep, the effects of medication, alcohol or drugs, failure to follow instructions, etc.), the retest is paid for at the full price.
9.5. Group packages, including the “On-site day”: if fewer people attend the test than were paid for, the price of the tests for those absent is not refunded unless the Client notified the Contractor no later than 24 hours before the start. With timely notice, these tests are moved to another agreed date.
9.6. Cancellation of an EyeDetect or VerifEye test by the Client. By paying for a test, the Client agrees that the Contractor begins preparation immediately after payment. Preparation includes agreeing the questions and instructions with the Client, building the individual test and conducting the number test. The number test is a full test; it is not charged separately only if the main test takes place. If the Client cancels before preparation has begun, the amount paid is refunded in full. If the Client declines the main test after preparation is complete, the service is deemed provided to the extent of the preparation and the number test conducted, and the Contractor refunds only the cost of the unused manufacturer’s licence for the main test: USD 17 for VerifEye, USD 28 for EyeDetect — in hryvnias at the official National Bank of Ukraine rate on the refund date. The rest of the amount paid is non-refundable.
10. Contractor’s details
Individual Entrepreneur Andriy Volodymyrovych Maryniak, office 217, 6 Danylyshyna St., Lviv. Tel. +380 96 96 111 96, e-mail info@polygraph-top.com.ua. Full details are on the Company details page.