Director of LLC "NUWORK"
December 03, 2019
Public Offer Agreement
1. GENERAL PROVISIONS
1.1. This document is an official proposal (public offer) of the Limited Liability Company "NUWORK", represented by the director Nikolai Zazulyak, acting on the basis of the Charter (hereinafter referred to as the "CONTRACTOR") and contains all the essential conditions for the provision of services in the field of information technology.
1.2. In accordance with Articles 641, 642 of the Civil Code of Ukraine (Civil Code of Ukraine), if the conditions set out below are accepted and the services are paid, a legal or natural person who accepts this offer becomes the Customer (acceptance of a public offer agreement is tantamount to concluding an agreement on the terms set out in a public offer agreement ).
1.3. Taking into account that the CONTRACTOR, in accordance with Article 633 of the Civil Code of Ukraine, provides services to ensure the use of the online system "NUWORK" (hereinafter NUWORK) to any legal entity, an individual carrying out business activities without forming a legal entity, or an individual, and After accepting the public offer agreement (hereinafter referred to as the agreement), the customer becomes a user of the Contractor's services, the Parties have agreed with the unconditional and unconditional acceptance of the terms of this Agreement and undertake to strictly abide by them.
1.4. In connection with the above, carefully read the text of this agreement and if you do not agree with any clause of the Offer, the Contractor invites you to refuse to use the services.
1.5. The acceptance of the contract is Registration in NUWORK and payment for the Contractor's services, in the case of paid tariffs.
1.6. If the Customer has other signed contracts with the Contractor for the provision of services or the supply of NUWORK software, fixed in writing and signed by the Contractor and the Customer, these contracts shall be valid with this Agreement.
2. SUBJECT OF THE CONTRACT
2.1. The subject of this Agreement is the provision of services to the Customer on a paid or free basis to ensure the use of NUWORK by the Contractor. The term and number of users, depending on the invoice paid by the Customer, and in accordance with the terms of this Agreement at the current tariffs (hereinafter referred to as tariffs) of the Contractor.
2.2. The contract of addition to the public offer and tariffs are official documents of the Contractor and are published on the website https://nuwork.me/
2.3. The Contractor has the right to change the terms of the contract and amendments to the contract without prior agreement with the Customer, while ensuring the publication of the amended terms on the server https://nuwork.me/
. Such changes come into force from the moment of publication, unless another date of their entry into force is additionally determined when they are published.
2.4. According to the terms of the agreement, the Contractor assumes the obligation to provide the Customer with the services specified in this Agreement and provides the services specified in clause 2.1. directly to the Customer.
2.5. This Agreement is not a license agreement and does not provide for the transfer of intellectual property rights of the Software Products, any other software from the Contractor to the CUSTOMER.
3. OBLIGATIONS OF THE CONTRACTOR
3.1. Under this contract, the contractor undertakes:
3.1.1. assume the responsibilities for the provision of services specified in clause 2 of this Agreement;
3.1.2. not to disseminate information received from the Customer or other sources concerning the interests of the Customer during the implementation by the Contractor of its obligations under this Agreement in accordance with the current legislation of Ukraine;
3.1.3. if circumstances arise that prevent the Contractor from properly fulfilling its obligations under this Agreement, immediately inform the Customer about it;
3.1.4. ensure stable operation of the NUWORK system for 98% of the time per month;
3.1.5. take any other measures necessary to properly fulfill their obligations under the contract;
4. OBLIGATIONS OF THE CUSTOMER
4.1. The customer undertakes:
4.1.1. provide the Contractor, at his request, with all the information that he needs for the proper performance of the obligation to provide the services provided for in this Agreement;
4.1.2. if necessary, provide the Contractor with everything necessary to fulfill its obligations under this Agreement in an appropriate manner;
4.1.3. accept from the Contractor the services provided by him under the contract.
4.1.4. pay for the paid services provided by the Contractor on the terms and in the manner specified in this Agreement.
4.1.5. not transfer or sell or distribute in any way NUWORK received from the Contractor under this Agreement to third parties;
4.1.6. not to make any changes to NUWORK received from the Contractor under this Agreement.
5. TERMS AND PROCEDURE FOR PROVIDING SERVICES
5.1. After reviewing the tariffs and types of accounts, the Customer puts a mark on agreement with the terms of this offer - acceptance upon registration. The public offer agreement is considered concluded from the moment the offer is accepted and the paid services of the Contractor are paid. After the conclusion of the contract, the customer receives a message to the specified postal address with a link to the account created for the Customer.
5.2. Payment for all types of services, except for users of a free account with limited functions specified in the tariffs, is made by the Customer in advance payment in the amount of 100% (One hundred percent) of the cost of services. The cost of additional paid services is determined by the Contractor on the basis of the conditions agreed with the Customer, about which the Contractor sends the Customer a notice to the email address specified by the Customer. Payment of the full cost of such services is carried out by the Customer no later than 3 (three) calendar days following after the Contractor sends the Customer a message about the full cost of additional services. The Contractor starts to perform additional services only after paying the full cost of such services.
5.3. Payment for paid services is carried out by the Customer by transferring the payment amount to the account of the Contractor.
5.4. In the period up to 7 (seven) days from the date of creating an account by the Customer in NUWORK, services are provided free of charge and without limitation of functions (trial period). On the 8th (eighth) day, the Customer's notebook switches to a paid tariff. If the balance is negative, then the account is blocked until payment. Detailed information on tariffs is available at https://nuwork.me/tariff
5.5. Services are considered paid by the Customer from the moment the funds are credited to the Contractor's current account.
5.6. In case of deactivation of the user by the Customer, the reverse activation will be available after 7 (seven) calendar days.
5.7. For the purpose of this Agreement, payment for paid services of the Contractor is accepted:
5.7.1. through a branch of any commercial bank;
5.7.2 through Internet banking services of any commercial bank
5.7.3. in non-cash form from the Customer's current account.
5.8. The choice and use of the method / form of payment for paid services is carried out by the Customer at his own discretion and without the stipulated responsibility of the Contractor. Security, confidentiality, as well as other conditions of the method / form of payment chosen by the Customer are outside the scope of the contract and are governed by agreements between the Customer and the relevant organizations.
5.9. The Contractor begins to fulfill its obligations under the contract from the moment of acceptance and payment of paid services in accordance with clause 5.5. CONTRACT. The term for the Contractor to fulfill its obligations under the CONTRACT for paid services is limited to the last day of the calendar month for the provision of services.
5.10. The services are deemed to have been rendered properly and in full at the end of the term for the provision of services, and are considered accepted by the Customer if no complaint is submitted within three working days from the moment the Customer has received the services.
5.11. The fact of providing services is the last day of the calendar month.
6. ACCEPTANCE OF THE CONTRACT
Conclusion of the offer agreement
6.1. The customer accepts the acceptance of the contract by accepting the terms of the contract via the NUWORK interface.
7. PERIOD OF VALIDITY AND CHANGE OF TERMS OF THE CONTRACT
7.1. The Agreement is valid from the moment of publication on the Internet at https://nuwork.me/
, comes into force from the moment of acceptance of the offer by the Customer and is valid:
7.1.1. until the Contractor fulfills its obligations to provide paid services in an amount corresponding to the amount of the prepayment made by the Customer under the CONTRACT (including re-made before the termination of the contract), or
7.1.2. until the termination of the contract.
7.2. The Contractor reserves the right to amend the terms of the agreement and / or withdraw the Agreement at any time at its sole discretion. In the event that the Contractor makes changes to the Agreement, such changes come into force from the moment of publication, unless another date for the entry into force of the changes is additionally determined when they are published.
7.3. In case of withdrawal of the agreement by the Contractor during the term of the agreement, the Agreement is considered terminated from the moment of withdrawal.
8. Termination of the offer agreement
8.1 The agreement may be terminated by the Customer only in the event of a material breach of the agreement by the Contractor in accordance with applicable law and the terms of the agreement.
8.2 The Agreement may be terminated by the Contractor at any time at its discretion by sending a written notice to the Customer. The contract is considered terminated from the moment of notification by the Contractor. The balance of the Customer's funds is subject to return at the request of the Customer.
9.1. With the exception of guarantees expressly specified in the text of the agreement, the Contractor does not provide any other direct or indirect guarantees under the CONTRACT and expressly disclaims any guarantees or conditions for non-violation of rights.
9.2. By agreeing to the terms and accepting the terms of this Agreement through its acceptance, the Customer assures the Contractor and guarantees the Contractor that:
9.2.1. The Customer indicated his reliable personal data during registration to the Contractor and the reliable personal data of the CUSTOMER to generate payment documents for payment for services.
9.2.2. The Customer enters into the Agreement voluntarily, while the CUSTOMER has fully familiarized himself with the terms of the Agreement, fully understands the subject of the Agreement, fully understands the meaning and consequences of his actions to conclude and execute the Agreement.
9.2.3. The customer (legal entity) has all the rights and powers necessary for the conclusion and execution of the contract by the Customer.
10. LIABILITY AND LIMITATION OF LIABILITY OF THE CONTRACTOR
10.1. If, for any reason, the Contractor does not begin to provide services, or begins to provide services in violation of the terms, the Contractor's liability for a breach of the contract and the Customer's remedies for such a violation are limited at the sole discretion of the Contractor solely by compensation of the Customer's funds for the period of delay in the provision of paid services.
10.2. The Contractor under no circumstances is liable under the contract under
10.2.1. any actions / omissions that are a direct or indirect result of the actions / omissions of any third parties;
10.2.2. any indirect losses and / or lost profits of the Customer and / or third parties, regardless of whether the Contractor could foresee the possibility of such losses or not; 10.2.3. use (impossibility of use) and any consequences of use (impossibility of use) by the Customer of the form of payment for paid services chosen by him under the CONTRACT.
10.3. The aggregate liability of the Contractor under the contract, for any claim or claim under the AGREEMENT or its execution, is limited to the amount of all payments paid to the Contractor by the Customer under the contract.
10.4. Without conflicting with the above, the Contractor is released from liability for violation of the terms of the contract, if such violation is caused by force majeure circumstances (force majeure), including: actions of state authorities, fire, flood, earthquake, other acts of God, lack of electricity and / or computer network failures, strikes, civil unrest, riots, any other circumstances, not limited to the above, that may affect the performance of the contract by the Contractor and beyond the control of the Contractor.
11. RESPONSIBILITY OF THE CUSTOMER
11.1. The customer is solely responsible for
11.1.1. compliance with all legal requirements;
11.1.2. activation / deactivation of account users.
11.2. In case of violation by the Customer of the terms of the Agreement, the CONTRACTOR has the right to suspend the provision of services until the Customer eliminates the violations and / or terminate the Agreement with a notification sent to the Customer at the Customer's email address specified during registration. Upon termination of the contract by the Contractor in accordance with this clause, the Contractor also has the right to collect from the Customer a forfeit in the amount of the difference between the amount of the advance payment paid by the Customer for the provision of paid services and the cost of paid services actually provided by the Contractor prior to such termination.
12. OTHER CONDITIONS
12.1. Current legislature. The contract, its conclusion and execution is regulated in accordance with the current legislation of Ukraine. All issues not regulated by the Agreement or not fully regulated are regulated in accordance with the substantive law of Ukraine. In the event of a discrepancy between the Customer and the Contractor under the contract, they cannot be resolved through negotiations between the parties, are regulated in the manner prescribed by current legislation.
12.2. Messages. Any messages under the CONTRACT may be sent by one Party to the other Party:
12.2.1. by e-mail, a) to the Customer's email address specified by him during account registration, from the Contractor's email address, with the nuwork.me domain if the recipient is the Customer, and b) to the Contractor's email address, with the nuwork domain. me, from the Customer's email address specified by him when registering an account;
12.2.2. mail with acknowledgment of receipt.
12.3. The parties also agreed on the use of a qualified electronic signature in the workflow within the framework of the implementation of this Agreement, including in the preparation of primary documents. The parties agreed on the use of such a qualified electronic signature in the manner and on the conditions provided for by the current legislation of Ukraine.
12.4. The Parties agreed that the primary documents for the implementation of this agreement will be composed by the Parties in electronic form in compliance with the legislation on electronic documents and electronic document management and legislation in the field of qualified electronic signatures. When drawing up such documents in electronic form and signing them using a qualified electronic signature, the use of the seal by the Parties is not necessary.
12.5. The contract is a complete agreement between the Contractor and the Customer. The Contractor does not assume any conditions and obligations in relation to the subject of the contract, except for those specified in the offer, regulating the execution of the contract, except for cases when such conditions or obligations are fixed in writing and signed by the Contractor and the Customer. In the event that any of the terms of the annexes contradict the terms of the offer agreement, the provisions of the offer will prevail.
12.6. If any of the provisions of the agreement is recognized as invalid or illegal or cannot enter into force in accordance with applicable law, such a provision must be removed from the agreement and replaced with a new provision, which is as close as possible to the initial intentions contained in the agreement, while other provisions of the agreement do not change and remain in effect.
13. DETAILS CONTRACTOR
OF THE LLC "NUWORK"
Address of placement on the Internet: https://nuwork.me/
Director of LLC "NUWORK"