This proposal is addressed to any individual (an indefinite group of persons) (hereinafter referred to as "Client") and is a public offer by the Contractor to enter into a service agreement, posted on the Internet at www.emmpa.pro/contract-offer, and can be sent to the Client's email address (hereinafter referred to as the "Agreement") under the following conditions:
For the purposes of this Agreement, the following terms are used:
1.1. Acceptance - the complete, unconditional, and unreserved acceptance by the Client of the terms of this Agreement without any exceptions or limitations, which is equivalent to the conclusion of a bilateral written agreement.
1.2. Customer - a person who accepts the terms of this Agreement and becomes a Customer of the Contractor's services under the concluded contract. The Customer can be any capable individual who has reached the age of 18 and intends to receive services from the Contractor in accordance with the conditions set forth in this Agreement.
1.3. Contractor - individual entrepreneur Poltavtsev Ihor Yevgenovich and individuals (business entities) who have the right to provide services specified in this Public contract (offer). The name of the Contractor is indicated in the invoice or other payment documents for the services.
1.4. Services - the provision by the Contractor of limited access to the Client by using free software with closed source code over the Internet between computers (VoIP) using peer-to-peer communication. The list of services, conditions of purchase, and other terms are posted on the website www.emmpa.pro/contract-offer.
1.5. Website - a collection of data, electronic (digital) information, other copyrighted objects and/or related rights, etc., interconnected and structured at the address www.emmpa.pro, access to which is provided through the specified address on the Internet.
1.6. Personal link - a formalized record of the Internet address of the Website or its part in accordance with Internet standards, which allows the Client to access the Website on the Internet.
2. MAIN PROVISIONS
2.1. The contract is concluded between the Contractor and the Customer in the form of an adherence agreement.
2.2. This Agreement is a public contract (hereinafter referred to as the "Contract") and is considered concluded between the Contractor, on the one hand, and the Customer, on the other hand, from the moment the latter accepts all the conditions of this Agreement without exception.
2.3. In accordance with the procedure and conditions defined in this Agreement, the Contractor undertakes to provide the Services to the Customer, and the Customer undertakes to accept and pay for the provided Services.
2.4. Acceptance of the terms of this Agreement by the Customer is indicated by actions demonstrating consent to fulfill the conditions of this Agreement.
3. COST OF SERVICES AND PAYMENT TERMS
3.1. The cost of the Services depends on the selected Program and is indicated on the Contractor's Website or in the invoice for payment, which is sent to the Customer after filling out the Application to participate in the Program.
3.2. The Contractor has the right to unilaterally change the cost of the Services before payment by posting a new price on the Website.
3.3. The Customer makes the payment for the Services on the condition of 100% prepayment.
3.4. Payment by the Customer implies familiarization with and full agreement of the Customer with the terms of this Agreement.
3.5. Payment for the Services is made by transferring funds to the Contractor's settlement account. The payment methods for the selected Service are indicated on the Website or in the invoice for payment, which is sent to the Customer.
3.6. The Service is considered paid from the moment the funds are credited to the Contractor's settlement account.
4. TERMS OF SERVICE PROVISION
4.1. To receive the Contractor's Services, the Client submits an application on the Contractor's website.
4.2. After confirming the Application, the Contractor sends the Customer an invoice for the payment of the Services by email or another method.
4.3. The Customer makes the payment for the Services using one of the selected methods, and then notifies the Contractor of the completed payment, providing supporting documents in the manner specified in the invoice.
4.4. After receiving confirmation of payment, the Contractor sends the Customer a Personal link to the email address provided when filling out the application to participate in the Program.
4.5. If the Customer does not receive a response within 2 (two) business days, the Customer should contact the Contractor's support service by sending an email to email@example.com.
4.6. The Customer is responsible for ensuring the necessary technical conditions for their personal computer or other mobile device to receive the Service.
4.7. The Customer is allowed to use the received information and materials solely for personal purposes and personal use.
4.8. The Contractor is not responsible for the Customer's inability to receive the Service due to reasons beyond the Contractor's control.
5. CLIENT'S RIGHTS AND OBLIGATIONS
The Client has the right to:
5.1. Receive services under this Agreement.
5.2. Obtain information from the Performer about the services provided and the conditions for their provision by contacting the phone numbers indicated on the Website or sending a request to the email address provided on the Website or through the feedback form.
5.4. With the consent of the Performer, reschedule the receipt of a fully paid Service to the nearest available date agreed upon by the Parties. The change of the refund date for the provided service is possible only if the service was of inadequate quality.
5.5. The client has all consumer rights in accordance with the current legislation of Ukraine regulating these legal relations. The client undertakes to:
5.6. Pay for the Services in full and within the terms specified in this Agreement.
5.7. Provide accurate information about themselves. The client is responsible for the accuracy of such information.
5.8. Maintain the equipment and communication channels necessary for accessing the Website in proper working condition.
5.9. Independently and timely review the information posted on the Website regarding the cost and conditions of the Services provided. The client does not have the right to make claims to the Performer in case of untimely review or failure to familiarize themselves with the information on the Website. The client bears full responsibility for the consequences of untimely review or failure to familiarize themselves with the information provided by the Performer on the Website.
5.11. Provide the Performer with current contact information for the delivery of informational materials and for communication purposes related to the provision of Services under this Agreement.
6. PERFORMER'S RIGHTS AND OBLIGATIONS
The Performer has the right to:
6.1. Independently determine the forms and methods of providing the Services, taking into account the requirements of the current legislation of Ukraine and the terms of the Agreement.
6.2. Unilaterally determine the cost of the Services.
6.4. Independently determine/change the functional capabilities and interface of the Website during the provision of the Service.
6.6. Independently involve third parties in the provision of the Services.
6.7. Receive any information from the Client necessary to fulfill its obligations under the Agreement. In case of non-provision, incomplete or incorrect provision of information, the Performer has the right to suspend the provision of Services under the Agreement until the Client provides such information.
6.8. Conduct surveys and questionnaires of the Client, including requesting feedback on the received Services, disseminate (publish or otherwise distribute) the results of surveys (questionnaires) and feedback on the received Services, while complying with the requirements of Ukrainian legislation on personal data protection.
6.9. Refuse to provide Services without refunding the paid amount in the following cases:
6.9.1. The client provides false information.
6.9.2. The client fails to comply with the payment terms and procedure in case of payment according to clause 3.3 of the Agreement.
6.10. Carry out mass mailing of informational messages (including advertisements) to the client's email address. Such messages must contain an unsubscribe link that allows the client to opt out of receiving such mailings.
6.11. Unilaterally make changes to the terms of the Agreement by publishing a new version of the Agreement on the Website.
The Performer undertakes to:
6.12. Provide Services of proper quality in accordance with the conditions determined by this Agreement.
6.13. Store information and data (including personal data) received from the Client for the purpose of fulfilling the terms of this Agreement.
6.14. Provide the Client with information about the Services provided and the conditions of their provision.
6.15. Inform the Client about changes in the procedure for providing the Services by publishing such information in one or more of the following ways: posting on the Website, sending a message to the Client's email address, Skype, etc.
7. WARRANTIES AND CERTIFICATIONS OF THE PARTIES
7.1. By accepting the terms of this Agreement, the Client assumes the risk of not receiving profits during the provision of the Services.
7.2. The Performer, guaranteeing the quality of the provided Services, does not guarantee uninterrupted, safe, error-free, and accurate compliance of the Services with the Client's expectations regarding their content and results obtained.
7.3. By agreeing to the terms of the Agreement and accepting its terms, the Client guarantees that they have provided complete, accurate, and up-to-date information, including personal data, when making payment, and that they do not use the data of other individuals (including personal data).
7.4. The Client guarantees that they have no intention to take any actions that could harm the business reputation of the Performer and/or third parties associated with contractual relations with the Performer or that contradict Ukrainian legislation, international norms, and customs of business conduct. The Client's actions are aimed at obtaining Services and do not involve malicious intentions, fraudulent intentions, or attempts of unauthorized access to the Performer's confidential information.
7.5. The Parties guarantee that they have the necessary legal capacity and capacity to enter into this Agreement.
7.6. If, for any reason, the quality of the Services does not satisfy the Client, the Performer provides the Client with the right to submit a refund request within 14 (fourteen) calendar days from the start of the provision of services.
7.7. The request for a refund, as indicated in section 7.6 of the Agreement, must be sent by the Client to the email address firstname.lastname@example.org. The Client is responsible for the accuracy of the information provided in the refund request. The refund request must contain the following information:
7.7.1. Last name, first name, patronymic of the Client;
7.7.2. Method, date, and amount of payment for the Services;
7.7.3. Substantiated reasons why the Client considers the provided Service to be of unsatisfactory quality;
7.7.4. Bank details for the refund.
7.8. Provided that the refund request complies with the requirements of sections 7.6 and 7.7 of the Agreement, the Performer will refund the paid amount within 30 (thirty) calendar days from the receipt of the request. The refund will be made after deducting payment system commissions and will be transferred to the card used for payment.
7.9. In the event that the refund request does not contain the information specified in clause 7.7 of the Agreement or contains false information, the Performer has the right to refuse the refund.
7.10. In case of violation by the Client of clauses 4.6-4.8 of the Agreement, the funds paid by the Client to the Performer are not refundable.
7.11. Any claims or statements submitted by the Client after the deadline specified in section 7.6 of the Agreement will not be considered by the Performer.
8. LIABILITY OF THE PARTIES
8.1. In case of non-performance or improper performance of obligations under the Agreement, the Parties shall be liable in accordance with the legislation of Ukraine and the terms of the Agreement.
8.2. The Performer shall not be liable for the non-receipt of Services by the Client under this Agreement in the following cases:
8.2.1. The Client provides false information for the performance of the Agreement, including but not limited to contact information (email, Skype, Viber, Telegram), or fails to provide information in case of any changes to the previously provided information.
8.2.2. The Client is unable to receive the Services due to technical reasons beyond the Performer's control, including but not limited to the lack of Internet access caused by the actions of communication operators, providers, computer viruses and/or other harmful programs, as well as the absence of necessary equipment or non-payment for such access.
8.3. The Performer shall not be liable for the quality of general communication channels or services that provide the Client with access to the Services provided by the Performer.
8.4. The Performer shall not be liable for any actions of the Client that may harm other clients of the Performer's Services, and the Performer shall not be liable for any damages caused to the Client as a result of actions by other clients of the Services.
8.5. The Performer shall not be liable for the discrepancy between the content of the Service and the Client's expectations and/or their subjective assessment. Such discrepancy and/or negative subjective assessment do not provide grounds to consider the provided Services as non-compliant or not meeting the agreed scope.
8.6. The Performer shall not be liable for the actions of third parties who have gained access to the Website on behalf of the Client.
8.7. The Client assumes full responsibility for any consequences, including the expected results of the received Services.
8.8. Any disputes between the Parties shall be resolved through negotiations, taking into account the interests of both the Client and the Performer.
8.9. If the Parties fail to reach an agreement through negotiations on disputed issues, such disputes shall be referred to a court for resolution in accordance with the applicable legislation of Ukraine.
9. FORCE MAJEURE CIRCUMSTANCES
9.1. The Parties shall be exempt from liability for partial or complete non-performance of any provisions of the Agreement if it is caused by circumstances that arose after the entry into force of the Agreement and are beyond the control of the non-performing Party. Such circumstances include natural disasters, extreme weather conditions, fires, wars, strikes, military actions, civil unrest, terrorist acts, failures in public telecommunication networks, electronic communication channels, as well as decisions of state authorities and other events, without limitation (hereinafter referred to as force majeure). The release from liability starts from the moment when the non-performing Party declares force majeure circumstances, which is confirmed by a corresponding certificate issued by the Chamber of Commerce and Industry or other evidence.
9.2. Force majeure circumstances automatically extend the deadline for the performance of obligations for the entire duration of such circumstances and the elimination of their consequences. The Parties shall promptly inform each other about the occurrence of force majeure circumstances. If these circumstances last for more than six months, each of the Parties shall have the right to terminate further performance of obligations under the Agreement, and in such a case, neither of the Parties shall have the right to claim compensation for possible damages from the other Party.
10. PERSONAL DATA PROTECTION AND CONFIDENTIAL INFORMATION
10.1. By agreeing to the terms of the Agreement and accepting its provisions, the Client gives explicit consent to the processing and use of any personal data that becomes known to the Performer as a result of providing the Services under this Agreement, in accordance with the legislation of Ukraine on personal data protection.
10.2. The processing of personal data includes, but is not limited to, collection, registration, accumulation, storage, adaptation, modification, updating, use, and dissemination (distribution, implementation, transmission), anonymization, and destruction of personal data processed by the Performer or any person affiliated with the Performer by control relations, for the purpose of maintaining a database of Client's personal data.
10.3. The Client agrees that the Performer does not require additional consent from the Client for the transfer of the Client's personal data to any person affiliated with the Performer by control relations or within the framework of contractual relations.
10.4. All information that becomes known to the Client in connection with the receipt of Services from the Performer under this Agreement (including access passwords to the Program) shall be considered confidential information and the trade secret of the Performer.
10.5. The Client undertakes not to disclose or transfer confidential information and trade secrets of the Performer to third parties for review and/or use without the prior written consent of the Performer.
11. OTHER TERMS
11.1. This Agreement shall enter into force upon its conclusion, as indicated in section 2.4 of the Agreement, and shall remain in effect until the complete fulfillment of the Parties' obligations under the Agreement.
11.2. This Agreement may be terminated prematurely by mutual agreement of the Parties or unilaterally in cases provided for in this Agreement, subject to the conditions of this Agreement.
11.3. In matters not covered by this Agreement, the Parties shall be guided by the current legislation of Ukraine.
11.4. The Parties confirm their full and unambiguous understanding of the subject matter and content of this Agreement, the rights and obligations of each of the Parties arising from or related to the performance of the Agreement, the meaning of the terms used in the Agreement, as well as the compliance of the text of the Agreement with the intentions and will of the Parties.
11.5. If any provision (part) of the Agreement is or becomes invalid for any reason, this fact shall not affect the validity of other provisions of the Agreement as a whole.
11.6. The Parties agree that the relations arising between them based on this Agreement shall be governed by the legislation of Ukraine.
11.7. The Parties may conclude this Agreement at any time in the form of a written bilateral document.
12. PERFORMER'S DETAILS
Individual Entrepreneur Poltavtsev Ihor Yevgenovych
Tax Identification Number: 3196820798
Registered office: Ukraine, 54038, Mykolaiv, Krylova Street 50