Public Offer Agreement

PUBLIC OFFER AGREEMENT ON THE PROVISION OF SERVICES IN THE SPHERE OF INFORMATIZATION


This Agreement, in which one party, an Individual - an entrepreneur Dudchenko Aleksey, is registered in the Unified State Register of Legal Entities and Individuals - Entrepreneurs in the manner prescribed by the current legislation and which is a single tax payer (hereinafter referred to as the Contractor), on the one hand, and any the person who accepted this offer (hereinafter referred to as the Customer), on the other hand, hereinafter together - the Parties, and each separately - the Party, entered into this Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Contractor, to conclude an Agreement with any Customer on the provision of services in the field of informatization. When ordering and paying for the services of the Contractor, the Customers accept the terms of this Agreement as follows.


  1. GENERAL PROVISIONS
  2. This Agreement is concluded by providing the Customer's full and unconditional consent to conclude the Agreement in full, without signing a written copy of the Agreement by the Parties.
  3. The Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the parties.
  4. The customer confirms the fact of familiarization and agreement with all the terms of this Agreement in full by its acceptance (acceptance).
  5. Any of the following actions is considered acceptance of this public offer agreement: the fact of registration of the Customer on the website of the Contractor and registration of the Order of the Contractor's services on the website of the Contractor https://stravopys.com and https://admin.stravopys.com; payment for the Contractor's services on the terms and in the manner determined by this Agreement and through the corresponding page of the Contractor's Site https://stravopys.com and https://admin.stravopys.com; written (including in electronic form by means of e-mail) notification of the Customer about the acceptance of the terms of this Agreement to the e-mail address indicated on the website https://stravopys.com and https://admin.stravopys.com.
  6. By concluding this agreement, the Customer automatically agrees with the full and unconditional acceptance of the provisions of this Agreement, prices for services and all annexes that are integral parts of the Agreement.
  7. If the Customer does not agree with the terms of the Agreement, he is not entitled to enter into this Agreement, and also does not have the right to use the Services under this Agreement.
  8. TERMONOLOGY AND DEFINITIONS
  9. "Public Offer Agreement" - a public agreement, a sample of which is posted on the website https://stravopys.com and https://admin.stravopys.com.
  10. "Acceptance" - the provision by the Customer of full and unconditional consent to conclude this agreement in full, without signing a written copy of the Agreement by the Parties.
  11. "Services" - a service or several services in the field of informatization (namely, providing access to the tool for creating a QR menu, hosting of the created menu, using a package of free services and a package of advanced functionalities that become available after full payment for a month / year according to prices and the conditions mentioned on the contractor site) that are provided by the Contractor, and are available on the website of the Contractor https://stravopys.com and https://admin.stravopys.com.
  12. "Customer" - any capable individual, legal entity, individual entrepreneur who has registered on the Site https://stravopys.com and https://admin.stravopys.com and has accepted this Agreement.
  13. "Contractor" - a business entity, an individual - an entrepreneur Dudchenko Aleksey, who provides services in the field of informatization and whose details are specified in section 11 of this Agreement.
  14. "Order" - properly decorated Single Client Application and / or activation of the service by the Customer and / or the connected e services over the Contractor's Website https://stravopys.com and https://admin.stravopys.com
  15. “Partner” is a business entity with which the Contractor has a contractual relationship for cooperation.
  16. SUBJECT OF THE CONTRACT
  17. Contractor agrees to the conditions and in the manner specified in this Agreement, provide the Customer in the field of information services (namely - providing access to the Tool for creation QR menu, hosting of the created menu, using the package of free services and the expansion pack of the functionalities that are available after the full payment per month / year according to the prices and conditions indicated on the contractor's website), and the Customer undertakes, on the terms and in the manner specified by this Agreement, to accept and pay for the ordered services.
  18. Client and the Contractor confirms that this Agreement is not a fictitious or sham transaction or transactions entered into the second under the influence of pressure or deception.
  19. The Contractor confirms that he has the right to carry out activities in the field of informatization, in accordance with the requirements of the current legislation of Ukraine.
  20. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR AND THE CUSTOMER
  21. The contractor is obliged to:
  22. Fulfill the terms of this Agreement
  23. Provide the Customer with Services of proper quality;
  24. bjectively inform the Customer about the Service and conditions of their provision on the website https://stravopys.com and https://admin.stravopys.com.  
  25. The contractor has the right to:
  26. Unilaterally suspend the provision of services under this Agreement if the Customer violates the terms of this Agreement;
  27. Other rights in accordance with the current legislation of Ukraine and this Agreement.
  28. The Customer is obliged to:
  29. Timely pay for and receive the Services on the terms of this Agreement;
  30. To get acquainted with the information about the Services that are posted on the Contractor's website;
  31. During the term of this Agreement and for 20 (twenty) years from the moment of its termination for any reason, keep in confidentiality all information received in connection with the conclusion and execution of this Agreement (hereinafter - Confidential Information) and refrain from disclosing such information to third parties persons, except when required by Ukrainian law or any relevant national or international regulatory body;
  32. Do not sell, license, sublicense, transfer or otherwise disclose any confidential information received from the Contractor to third parties, except as expressly provided for in this Agreement; Customer warrants that third parties associated with him, his employees and professional consultants who have access to confidential information are required to accept confidentiality obligations no less stringent than those described here.
  33. The Customer has the right to:
  34. Place an Order with services listed on the respective website https://stravopys.com and https://admin.stravopys.com
  35. Require the Contractor to provide the Services in accordance with the terms of this Agreement;
  36. Other rights in accordance with the current legislation of Ukraine and this Agreement.
  37. PRICE OF THE CONTRACT AND PROCEDURE OF PAYMENT
  38. The Customer places an order on their own on the following pages https://stravopys.com and https://admin.stravopys.com by selecting the appropriate plan and service life with the click on a button for purchasing.
  39. The term for processing the Order by the Contractor is up to 3 (three) working days from the moment of its registration (in most cases, it happens automatically and instantly).
  40. The functions of the Website https://stravopys.com and https://admin.stravopys.com are combined into service plans. The price of each plan is determined by the Contractor and noted on the corresponding page of the Site. The price of the Agreement (cost of Order) is determined by the Customer's choice of the appropriate plan and the period of service in this plan.
  41. The Customer pays for the Contractor's Services on the basis of this Agreement in the national currency of Ukraine - UAH at the official exchange rate of the NBU established on the date of signing the Agreement. International orders can be paid in other currencies, according to the country of the Customer.
  42. Payment for services is carried out using payment services (bank card), which are indicated on the Contractor's website.
  43. The date of payment for services is the time, registered by the payment system.
  44. The Customer independently and at his own expense pays the cost of third-party services if it is necessary to receive the Contractor's services under this Agreement (for example, Internet access services and others).
  45. To get acquainted with the functions of the Site, a free basic plan is offered, which has no time limit, but the set of functions in it may vary and may be incomplete.
  46. The Contractor has the right to increase the level of the plan for free and / or to increase the validity period of paid plans for Customers for free on an individual basis (Promotion). In this case, the Customer receives an e-mail message with the name of the new plan and the new period of its validity.
  47. The use by the Customer of a free (basic or Promotion) tariff plan is also a form of Acceptance of this Agreement.
  48. REASONS AND PROCEDURE OF REFUNDING
  49. The return of funds by the Contractor to the Customer is possible in the following cases:
  50. Violation of the terms of the Agreement by the Contractor (except for the cases specified in Section 8 of the Agreement).
  51. The Customer can apply for a refund (hereinafter referred to as the application) by using any method of communication with the Contractor.
  52. The processing of the Application is carried out by the Contractor within 3 (three) working days from the date of submission. If the application was submitted on a weekend or a public holiday, the processing period starts from the first working day after the weekend.
  53. Refunds are made within 30 (thirty) calendar days from the date of confirmation of the Refund Request by the Contractor.
  54. The amount, method and other conditions of compensation are decided by negotiations between the parties.
  55. If the relevant dispute cannot be resolved through negotiations, it is resolved in a judicial proceeding within the established jurisdiction and jurisdiction of such a dispute in accordance with the legislation in force in Ukraine.
  56. Refunds are possible in the following ways:
  57. Bank transfer of funds to the Customer's account;
  58. Other methods.
  59. The refund amount can be divided into several parts for the purpose of gradual compensation.
  60. The customer independently and at his own expense pays the cost of services of third parties, if necessary, for compensation (including bank commission, commission of payment systems, etc.)
  61. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
  62. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the parties are liable in accordance with the current legislation of Ukraine.
  63. All disputes arising from this Agreement or related to it are resolved through negotiations between the Parties.
  64. If the relevant dispute cannot be resolved through negotiations, it is resolved in a judicial proceeding within the established jurisdiction and jurisdiction of such a dispute in accordance with the legislation in force in Ukraine.
  65. The Contractor does not bear any responsibility for failure to provide or improper provision of services to the Customer under the condition of the occurrence of any circumstances that arose through no fault of the Contractor (namely, the occurrence of circumstances that arose through the fault or negligence of the Customer and / or the occurrence of circumstances that arose through the fault of or negligence of any third party (any third parties) and / or the occurrence of force majeure).
  66. FORCE MAJEURE CIRCUMSTANCES
  67. The parties are exempt from liability for non-performance or improper performance of obligations that are provided for in this Agreement, if it arose as a result of force majeure.
  68. Force majeure in this Agreement means any circumstances that arose out of the will or against the will or will of the Parties and which cannot be foreseen or avoided, including military action, public unrest, epidemics, blockade, earthquakes, floods, fires, as well as a decision or orders of state authorities and administration of the state of which the Customer is a resident, or of the state of which the Contractor is a resident, as a result of which additional obligations or additional restrictions are imposed on the Parties (or one of the parties) and which make it impossible for the further full or partial implementation of the Agreement, as well as other actions or events that exist outside the will of the Parties.
  69. If force majeure circumstances continue for more than 3 (three) months in a row, then each of the Parties will have the right to refuse further fulfillment of obligations under this Agreement and, in this case, neither of the Parties will be entitled to compensation by the other Party possible losses.
  70. OTHER CONDITIONS OF THE CONTRACT
  71. Each Party guarantees the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to conclude and implement this Agreement in accordance with its terms.
  72. A unilateral change in the terms of the concluded Agreement by the Customer or the Customer's refusal to comply with the terms of the concluded Agreement is unacceptable, except for the cases provided for in this Agreement. Neither Party to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
  73. The information provided by the Customer is confidential. Information about the Client is used exclusively for the execution of his Order.
  74. By his own acceptance of the Agreement, the Customer voluntarily provides consent to the collection and processing of his own personal data with the subsequent purpose: the data that become known will be used for commercial purposes, including for obtaining information about the order and processing information about it, namely: name, location / place of residence, registration data, bank details, electronic identification data (IP-address, phone, e-mail), last name, first name, personal signature and other data that make it possible to identify a person who acts in the interests and / or on behalf of the customer and other data that one party transfers to the other for the purpose of establishing business relations, relations in the field of economic, financial services, studying consumer demand and statistics, for marketing, information, advertising or other similar purposes.
  75. The Contractor is not responsible for the content and veracity of the information provided by the Customer when placing the Order. The customer is responsible for the accuracy of the information specified when placing the order.
  76. The customer is granted the right to use the services of the Contractor exclusively in its internal activities without the right to alienate them or transfer them to the benefit of third parties.
  77. The Parties undertake to keep confidential information obtained as a result of the implementation of this Agreement, except for cases when it is authorized in writing by the other Party or is required by state authorities in accordance with applicable law. For the disclosure of confidential information, the Party shall be liable in accordance with applicable law.
  78. The Agreement is public and perpetual and is valid until terminated by either of the Parties in the manner prescribed by this Agreement or the current legislation, but in any case, until its final execution by the Parties.
  79. The Contractor independently, in accordance with and to fulfill the requirements of the current legislation of Ukraine, determines the terms of this Agreement and its annexes, which are its integral parts. The Contractor has the right to independently change and / or supplement the terms of this public agreement and its annexes, including the rules for the provision and receipt of services under this Agreement. At the same time, the Contractor guarantees and confirms that the current version of the text of this agreement and its annexes posted on the website of the Contractor, including the rules for providing and receiving services under this Agreement, is valid.
  80. PROTECTION OF PERSONAL DATA
  81. The customer undertakes and guarantees to indicate accurate and reliable personal data and to keep them up to date. The Customer understands and accepts that the provision of inaccurate information to the Contractor may lead, among other things, to non-receipt of up-to-date information, messages, warnings from the Contractor, termination of this Agreement.
  82. The Contractor has the right to store and process any information entered by the Customer on the website https://stravopys.com and https://admin.stravopys.com or provided to the Contractor in another way (including the IP and MAC addresses of the Customer, data on the location of the Customer, operating system version etc.).
  83.  The Contractor takes the necessary and sufficient organizational and technical measures to protect the Customer's personal data from unauthorized access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
  84. The Contractor undertakes not to disclose information about the Customer to third parties without the consent of the Customer, with the exception of disclosure of information at the request of the court and / or law enforcement agencies within the framework of the current legislation of the relevant country.
  85. The Customer thereby accepts and confirms that by using the registration accounts provided on other online services (social networks, the exact list of which is presented on the page), to enter the website https://stravopys.com and https://admin.stravopys.com registration of the Customer, for example, Facebook, Google +, etc.), he agrees to the processing of his personal data by both the Contractor and such online services; in the case of the provision of services to the Customer by Internet providers, mobile operators or other resources on the Internet, which (services) the Customer uses to access the websites https://stravopys.com and https://admin.stravopys.com, he consents to the processing of his personal data and to such above-mentioned persons.
  86. The Customer gives his consent to the processing, including the use of cross-border data transfer, by the Contractor or third parties on behalf of the Contractor, of personal data provided by the Customer, in particular first name, surname, pseudonym, date of birth, e-mail address and login, gender, age and other things, for the following purposes:
  87. Customer identification within the framework of using the Website https://stravopys.com and https://admin.stravopys.com
  88. Ensuring the possibility of using the Site https://stravopys.com and https://admin.stravopys.com, providing the Customer with services of access to viewing the content created by him, as well as providing information services to the Customer;
  89. Communication with the Customer, including sending notifications, requests and information regarding the use of the Site https://stravopys.com and https://admin.stravopys.com, as well as processing requests and applications from the Customer;
  90. Improving the quality of the Site https://stravopys.com and https://admin.stravopys.com, ease of use;
  91. Targeting advertising materials.
  92. The customer is informed and agrees that during the cross-border transfer of his personal data, the recipients of such data may be located in foreign countries that do not provide adequate protection of the rights of subjects of personal data. At the same time, the Contractor undertakes to take all appropriate measures to ensure the confidentiality and security of any personal data transferred to the territory of any foreign states. The processing of personal data is any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
  93. The Customer's consent to the processing of his personal data is valid and the term of use of personal data is valid during the term of the Customer's use of the Website https://stravopys.com and https://admin.stravopys.com and 5 (five) years after the end of the last fact of access. to the Website https://stravopys.com and https://admin.stravopys.com, unless a longer period is provided by the current legislation applicable to the Agreement.
  94. If the Customer considers it necessary to revoke his consent to the processing of his personal data, the Customer must send a notification to the email address: info@stravopys.com. In this case, the Contractor deletes the Customer's account from the Website https://stravopys.com and https://admin.stravopys.com and his personal data. The right provided for in this clause may be limited in accordance with the requirements of applicable law. In particular, such restrictions may provide for the obligation of the Site https://stravopys.com and https://admin.stravopys.com to keep the information deleted by the customer for the period established by the current legislation, and transfer such information, in accordance with the legally established procedure, to the state body.
  95. The Customer agrees to the use of cookies by the Contractor - a technology by which identification text files are transmitted to the Customer's device via the Internet, which allow them to save individual information about him and identify him with the further use of the Site https://stravopys.com and https://admin.stravopys.com.
  96. The Contractor may use cookies, in particular, for:
  97. Saving the Customer's credentials required to automatically log into his account, without the need for the customer to re-enter such data. Also, to save the Customer's settings for preliminary visits to the Site https://stravopys.com and https://admin.stravopys.com (country, language, etc.);
  98. Obtaining detailed technical data on the actions of the Customer on the website https://stravopys.com and https://admin.stravopys.com, for example, information about the last page visited, the number of pages visited and time spent on them, selected fragments of the site https://stravopys.com and https://admin.stravopys.com, the interval between mouse clicks. Thanks to this, the Contractor can determine the most popular sections of the Site https://stravopys.com and https://admin.stravopys.com and improve the quality of services provided to them;
  99. Obtaining information about the advertising and information materials viewed by the customer.
  100. To change the settings for cookies, the Customer can use the settings of his browser. 

DETAILS OF THE CONTRACTOR

Individual entrepreneur Dudchenko Aleksey 

Ukraine, Kyiv, Yevhena Konovaltsia St, 34а, 02000

Phone: +38 095 253 36 29

E-mail: info@stravopys.com