The document set out below is an official public offer to an unlimited number of persons to conclude an agreement for the provision of the services in the manner and on the terms described below.
The service provider under these Terms of use in relation to the public offer for the provision of the services is the Private entrepreneur Datsenko Vladyslav Volodymyrovych, who is registered and acts as an individual entrepreneur in accordance with the requirements of the legislation applied thereto.
- DEFINITIONS
The terms, concepts, definitions and expressions used below in those Terms of use have the following meanings:
- “Contractor” – Private entrepreneur Datsenko Vladyslav Volodymyrovych, who is registered and acts as an individual entrepreneur in accordance with the requirements of the legislation applied thereto, who offers the provision of Services to an unlimited number of persons;
- “Agreement”, “Offer” – this public offer for the provision of services, namely a document published on the Web-site which regulates the relations between the Customer and the Contractor in the process of providing the Services;
- “Customer” – a person (including another person authorized to act on behalf of and/or in the interests of such person) who has accepted the offer to conclude the Agreement and is the recipient of the Services;
- “Services” – provision by the Contractor to the Customer of information and consulting services in relation to digital marketing, the list and description of which is specified on the Web-Site, including, but not exclusively, by providing the Contractor to the Customer with access to the materials of the Contractor and/or third parties (if any), and/or providing other information and consulting services to the Customer as agreed between the Contractor and the Customer;
- “Web-Site” – a web-site located at the domain name Ideaads.biz, managed by the Contractor, including all information, texts, graphic elements, design elements, images, photos and video materials, and other results of the intellectual activity of the Contractor (and, if any, other copyright holders), as well as information and technical means of such a web-site, placed on such a web-site;
- “Party” and “Parties” – separately the Customer or the Contractor or the Customer and the Contractor jointly (as the case may be);
- “Financial Agent” – a person who provides an online payment services which is integrated into the functionality of the Web-Site or otherwise for conducting payments by the Customer for the Services.
All terms, concepts, definitions and expressions not specified in this Section of the Agreement shall be interpreted within the meaning of the legislation applicable to the Contractor, and in the absence of such a definition – in accordance with the business-customs, and in the absence of the latter – in their usual meaning.
- SUBJECT MATTER
- This Agreement is an official public proposal (offer) and contains all essential terms and conditions for the provision of Services by the Contractor to all interested parties using the Contractor’s means (including, the Web-site) in accordance with the terms of this Agreement online (remotely) and/or offline (live) for a fee paid by the Customer in favor of the Contractor.
- The Services provided by the Contractor can include various access options, placement of materials, technical support and other services, depending on the Services selected by the Customer.
- The Contractor, at its discretion, determines and places on the Web-Site the list of Services, which can differ in scope, completeness, terms and cost. Current and available Services, their variations, formats and cost are placed on the Web-Site.
- CONDITIONS FOR ACCEPTING THE OFFER
- This Agreement is public, in accordance with Article 633 of the Civil Code of Ukraine, and its terms are the same for all Customers.
- According to Article 641 of the Civil Code of Ukraine, the terms of this Agreement posted on the Web-Site constitute the offer.
- The Agreement is an accession agreement in accordance with Article 634 of the Civil Code of Ukraine: the terms of the Agreement are determined by the Contractor and can be accepted by the Customer only by unconditional accession to the Agreement as a whole.
- Full and unconditional acceptance is the Customer’s full payment for the chosen Services provided by the Contractor, and if the payment for the Services is to be made in several payments – full payment of the first payment. The payment is considered made at the moment of receipt of funds to the Contractor’s bank account.
- The person who accepted the offer acquires all the rights and obligations of the Customer, and the Agreement, in accordance with Article 638 of the Civil Code of Ukraine, is considered concluded.
- Acceptance of the offer means that the Customer is fully familiar with the terms of this Agreement, consents to the conclusion of the Agreement and has no reservations about the content of the Agreement.
- The contract is an electronic contract in accordance with the legislation applicable to the Contractor.
- TERM AND PROCEDURE FOR PROVISION OF THE SERVICES
- The Services under this Agreement can be provided by the Contractor online (remotely) via the Internet and/or offline (live) within the appropriate timeframes, based on the specifics and features of the Services selected and paid for by the Customer.
- The provision of Services under this Agreement begins from the moment the Customer makes payment for the Services, as defined in clause 3.4 hereof, as well as the agreement of the conditions necessary for the provision of the Services.
- Services are considered provided to the Customer from the moment they are actually provided by the Contractor.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- Rights and obligations of the Contractor:
- The Contractor undertakes to commence the provision of the Services after agreeing on all essential terms for the provision of such Services with the Customer and making payment for the Services by the Customer as specified herein;
- The Contractor undertakes to provide the Services in a proper manner, in accordance with the terms and conditions agreed with the Customer;
- The Contractor has the right to involve third parties for the provision of Services hereunder without the consent or notification of the Customer. In such case, the Contractor shall be fully liable for the actions of such third parties to the Customer;
- The Contractor has the right to refuse providing the Services and/or continue providing the Services in the event of the technical inability to provide the Customer with the services requested by the latter, or in case the Customer has indebtedness before the Contractor for the Services previously provided;
- The Contractor has the right to suspend the provision of the Services in the event of a breach by the Customer of its obligations until such breaches are completely eliminated;
- The Contractor has the right to unilaterally change and supplement the terms of this Agreement without prior approval from the Customer, while notifying the Customer thereof no later than 14 (fourteen) days before the entry into force of such changes by direct notification or by publishing information about it on the Web-Site;
- The Contractor has the right to terminate the provision of the Services if, after the start of the provision of the Services, the Customer delays payment for the Services in accordance with this Agreement.
- Rights and obligations of the Customer :
- The Customer undertakes to pay for the Services provided by the Contractor timely and fully;
- The Customer undertakes to accept the Services duly provided by the Contractor;
- The Customer undertakes to immediately notify the Contractor of any changes in circumstances and facts that are important for the provision of the Services;
- The Customer undertakes, when placing an order for the Services, to provide the Contractor with up-to-date and truthful information necessary to communicate with the Customer within the scope of the provision of Services under this Agreement;
- The Customer undertakes not to take any actions that may harm the honor, dignity and/or business reputation of the Contractor;
- The Customer undertakes not to transfer in any way to third parties access to the Contractor’s information and materials obtained as a result of the provision of Services by the Contractor, and to ensure complete confidentiality of the Contractor’s information and materials;
- The Customer undertakes not to violate the property and personal non-property rights of the Contractor and third parties, including not to copy or distribute in any way (not to download, record, publish, post on other resources on the Internet, not to donate, not to transfer in any way or not to resell to third parties) information and materials that are objects of intellectual property rights, the rights to which belong to the Contractor (or third parties on the basis of the Agreement with the Contractor or other rightsholders), and/or are received, and/or can be received by the Customer in the course of the provision of the Services by the Contractor, not to create information products based on them for the purpose of obtaining commercial profit, and also not to use such information and materials in any other way, except for non-commercial use for personal purposes without the right to reproduction. In case of violation of this provision, the Customer shall be liable in accordance with the applied legislation thereto, including the obligation to compensate the Contractor for actual losses and lost profits in full (if any);
- The Customer has the right to require the Contractor to provide information on issues related to the organization and ensuring the proper performance of the Services.
- COST OF THE SERVICES AND PAYMENT PROCEDURE
- The cost of the Services provided by the Contractor and available for order is indicated on the Web-Site and can be changed by the Contractor at its discretion at any time unilaterally, taking into account the provisions of this Agreement. The changed cost is effective from the moment of publication and applies only to those Services that are ordered after the publication of the new cost.
- The payment for the Services shall be made by the Customer by advance payment in the amount of 100 (one hundred) % of the Services cost (separate payments) online (remotely) through the electronic payment system of the Financial Agent; or by making payment by the Customer in favor of the Contractor in accordance with the Contractor’s bank details.
The payment for the Services can be made by the Customer in another manner, as agreed between the Customer and the Contractor.
- In the event of conducting the payment through the Financial Agent’s electronic payment system, the rules specified by the Financial Agent shall apply to the payment procedure. Cancellation of the Customer’s transaction when paying for the Services through the Financial Agent’s electronic payment system, as well as other actions and/or events of a similar nature, shall be carried out in accordance with the Financial Agent’s rules, and the Contractor shall not be liable for the actions of the Customer and/or the Financial Agent that led to the cancellation of the Customer’s transaction when paying for the Services.
- All costs associated with the transfer of funds as payment for the Services, including the services of a banking institution and/or the Financial Agent (in the case of payment for the Services through the Financial Agent’s electronic payment system), are borne by the Customer.
- If, in accordance with the terms of the Services, the Customer is obliged to make periodic payments to the Contractor (for example, monthly, quarterly, etc.), the provisions of this Section shall apply to each such payment separately.
- The Services under this Agreement are provided to the Customer on an individual basis, and therefore the funds paid after the payment for the Services are not refundable, except in cases specified in this Agreement.
- The funds paid after their payment are subject to return if the Customer has paid for the Services, however, the terms necessary for the provision of the Services have not been agreed between the Customer and the Contractor, namely if the actual provision of the Services by the Contractor to the Customer has not begun.
- In the event of full or partial non-payment of the cost of the Services by the Customer, the Contractor has the right to refuse to provide them. In this case, the funds already paid by the Customer under the Agreement are not subject to return (compensation).
- RESPONSIBILITY OF THE PARTIES
- In the event of compensation by the Contractor for losses to the Customer due to improper performance or non-performance of this Agreement, the maximum amount of compensation for such losses is limited to 3 (three) % of the cost of the Services provided by the Contractor to the Customer hereunder.
- The Contractor is not liable for indirect or consequential damages, lost profits, loss of the Customer’s business reputation and other similar and/or similar damages.
- The Contractor is not responsible for the reliability, accuracy, completeness or quality of any information provided within the scope of the provision of the Services by third parties, and the Customer understands and agrees that, when receiving the Services, the latter can receive information that is subjective, evaluative and/or of a contradictory or ambiguous nature, and/or contain any erroneous and/or unreliable data, and the Contractor is not responsible for such data.
- FORCE MAJEURE CIRCUMSTANCES
- The Parties are exempt from liability for partial or complete failure to fulfill or improper fulfillment of obligations under the Agreement if they are the consequences of force majeure (including, fires, floods, earthquakes, natural disasters, military actions, sabotage and terrorist acts, decisions of state and local authorities, epidemics, pandemics, emergencies, as well as other circumstances of force majeure).
- By agreement of the Parties, the term of provision of Services may be extended for the period during which these force majeure circumstances were in effect.
- If force majeure circumstances continue for more than 1 (one) month, each of the Parties has the right to refuse conducting the further performance of obligations hereunder, in which case the Agreement shall be deemed terminated by consent of the Parties.
- The Party that cannot fulfill its obligations hereunder due to force majeure circumstances must notify the other Party in writing, no later than 5 (five) business days from the date of occurrence of the relevant circumstances, of the occurrence of force majeure and provide the other Party with appropriate documents to confirm force majeure.
- Failure to notify or untimely notification of the onset or cessation of force majeure circumstances deprives the Party of the right to refer to them.
- CONFIDENTIALITY
- All information relating to the conclusion, performance and termination of this Agreement is confidential.
- Information that the Parties officially publish in accordance with the applied legislation thereto is not considered confidential.
- During the term of the Agreement, as well as after its termination, the Parties shall not provide third parties with confidential information obtained as a result of the performance of this Agreement. The Party that made such disclosure shall be liable for the disclosure of confidential information in accordance with the applied legislation thereto, and shall also undertake to compensate for the losses caused thereby, taking into account other provisions of this Agreement.
- The processing of the Customer’s personal data is carried out in accordance with the Contractor’s Privacy Policy. The Customer may transfer personal data of third parties to the Contractor for processing by the latter.
- Information and materials provided to the Customer by the Contractor during the provision of the Services are objects of intellectual property rights and are protected by copyright and/or industrial property rights (depending on the object) and cannot be copied and distributed by the Customer in any way (downloaded, recorded, published, posted on other resources on the Internet, donated, transferred in any way or resold to third parties). Such a right may be granted only on the basis of the prior consent of the Contractor (or third parties on the basis of the Agreement with the Contractor or other copyright holders) or exclusively for non-commercial use for personal purposes without the right to reproduction.
- DISPUTE RESOLUTION
- All disagreements and disputes related to the fulfillment of the terms of this Agreement shall be resolved by the Parties through negotiations.
- If the Parties fail to reach a mutual agreement as a result of negotiations, or if one of the Parties evades negotiations, the dispute shall be referred to court in the country of the Contractor’s registration in accordance with the procedure established by the applied legislation hereto.
- TERM OF THE AGREEMENT AND TERMINATION PROCEDURE
- The Agreement shall enter into force from the moment the Customer takes the actions provided for in Section 3 of the Agreement and shall remain in effect until the Parties fully fulfill their obligations.
- The Agreement may be terminated prior to its expiration by the consent of the Parties or in other cases provided for hereby and the applied legislation hereto.
- The Contractor has the right to terminate this Agreement unilaterally and cease providing Services to the Customer in the event of the Customer’s violation of any of the provisions set forth herein.
- The Customer has the right to terminate this Agreement unilaterally in the event of the Contractor’s violation of any of the provisions specified in this Agreement.
- FINAL PROVISIONS
- Any information and materials provided to the Customer by the Contractor during the provision of the Services are for informational and educational purposes only. The Contractor does not provide any guarantees regarding their completeness, timeliness or accuracy. Such information and materials can be changed without prior notice to the Customer, and the Contractor is not responsible for the use of any such information and materials by the Customer, and the latter uses them at its own risk.
- The Customer agrees that the Contractor has provided all the information necessary for him as a consumer, and the conditions specified therein are not unfair to the Customer.
- When performing this Agreement, the Parties shall be guided by its terms and the applied legislation thereto.
- The Customer can not assign its rights and obligations hereunder to third parties without the prior consent of the Contractor. The Contractor has the right to assign its rights and obligations hereunder to any third parties at any time without prior consent or notice to the Customer.
- The Agreement is published on the Contractor’s Web-site in electronic form, where the indication “PE Datsenko Vladyslav Volodymyrovych” is the Contractor’s electronic signature, which has the force of a handwritten signature.
- All suggestions, claims or questions under this Agreement should be reported to the email address specified in Section 13 CONTRACTOR DETAILS of the Agreement.
- CONTRACTOR DETAILS
Private entrepreneur Datsenko Vladyslav Volodymyrovych
Record on the state registration: No. 24800000000186256 dated 07 September 2016
Email address: ideaadsstudio@gmail.com