Private entrepreneur Ivanets Ihor, acting pursuant to the Extract from the Unified State Register of Legal Entities, Private entrepreneurs and Public Organizations of 18.02.2010. № 2 444 000 0000 017023, hereinafter referred to as “the Contractor”, on the one hand, and a person who has joined this Agreement by accepting an offer to conclude this Agreement on the terms specified by the Contractor, hereinafter referred to as “the Customer”, on the other hand, hereinafter together referred to as “the Parties”, and each separately as “the Party”, expressing their free will and guided by the norms of the current legislation of Ukraine, have concluded this Agreement on the provision of services (hereinafter referred to as “the Agreement”) on the following:
1.1. The contract is a public agreement within the meaning of Article 633 of the Civil Code of Ukraine, and a person who accepts an offer (public offer) to conclude a Contract (makes an acceptance) becomes a Customer in accordance with Article 642 of the Civil Code of Ukraine, Article 11 of the Law of Ukraine "On electronic commerce" and the terms of this Agreement.
1.2. The Agreement is an offer (public offer) to an unlimited number of individuals and legal entities to enter into an Agreement with the Contractor by full and unconditional acceptance of the terms of this Agreement.
1.3. The terms of the Agreement are the same for all persons who have decided to accept the terms of this Agreement.
1.4. The Agreement is an accession agreement within the meaning of Article 634 of the Civil Code of Ukraine, since its terms are determined by the Contractor and can be accepted by the Customer only by joining the proposed Agreement as a whole. In case of disagreement of the Customer with all or individual provisions of this Agreement, the conclusion of the Agreement does not take place.
1.5. Payment of the Contractor's services by non-cash transfer of funds, including an electronic means of payment, on the basis of an invoice issued by the Contractor is considered joining the Agreement.
1.6. The contract is considered concluded by the Customer from the date of payment to the Contractor for the services provided under the conditions established by this Contract.
1.7. The parties may agree on another method of joining the Agreement and determine another moment of concluding the Agreement.
1.8. The Customer's action that comply with the clause 1.5 of this Agreement is considered the Customer's acceptance of the offer to conclude the Agreement (execution of acceptance), and also confirms the fact of the Customer's full and unconditional acceptance of the terms of this Agreement without any reservations or comments in accordance with Article 642 of the Civil Code of Ukraine. By accepting the Contractor's offer (public offer), the Customer agrees to all the terms of this Agreement and confirms that they understand the content of the Agreement and the legal consequences of its conclusion.
1.9. The contract is an electronic contract within the meaning of Article 3 of the Law of Ukraine "On Electronic Commerce", is concluded using available information and telecommunication systems and cannot be invalidated due to its execution in electronic form.
1.10. This Agreement in paper form can be provided at the request of the Customer, and can also be printed by the Customer independently from the Contractor's website: https://ihor.ivanets.com.
1.11. The terms used in this Agreement have the following meanings:
1.11.1. Public offer - the Contractor's proposal to enter into a Contract, posted on the Contractor's website and outlined by the Contractor in the terms of this Contract, addressed to an unspecified number of individuals and legal entities;
1.11.2. Acceptance - the Customer completely accepts the Agreement terms by paying for the Contractor's services or in any other way agreed upon by the Parties.
1.11.3. Customer - a private or legal person who receives services from the Contractor on the terms stipulated in the Agreement;
1.11.4. The Contractor's website is a set of web pages available on the Internet under the domain name ivanets.com or other domains where the Contractor is registered and publishes materials on his own behalf or on behalf of persons authorized by him;
1.11.5. Providers of intermediate services in the information area - operators (providers) of telecommunications, operators of payment infrastructure services, registrars (administrators) assigning network identifiers, and other entities that ensure the transmission and storage of information using information and telecommunication systems, which is created, used, distributed in accordance with the terms of the Agreement.
1.12. The contract is concluded on the basis of a proposal to conclude it (public offer) by the Contractor and accepting it by the Customer (acceptance).
1.13. The Contractor's public offer is set out in the terms of this Agreement.
1.14. The actions specified in Clause 1.5 of the Agreement carried out by the Customer are considered the acceptance of the Public Offer, which results in the conclusion of this Agreement.
1.15. By entering into the Contract, the Customer confirms the following:
1.15.1. comprehending the Public Offer in full and detail as per the terms of this Agreement;
1.15.2. their unwavering acceptance of the Public Offer outlined in the terms of this Agreement.
1.15.3. complete comprehension of the Agreement's obligations and the legal implications of its conclusion.
1.16. A receipt, check, payment order, other settlement or cash document (in electronic and/or paper form) certifying the fact of payment for the services that are the subject of the Agreement, in accordance with the requirements of the legislation of Ukraine is a legal affirmation of the agreement's conclusion, unless otherwise agreed by the Parties.
2.1. Еhe Contractor undertakes to provide, and the Customer undertakes to accept and pay for, the services consulting on the type and configuration of computer hardware and the use of software: analysis of users' information needs and search for the most optimal solutions.
2.2. The subject of the Agreement is the services that the Customer has chosen from the list of services posted on the Contractor's website.
2.3. Services under the Agreement may include: seminars, webinars, round tables, reports, forums, thematic discussions, lectures, oral, written, group, individual consultations, answers to questions, analytical, methodological and consulting materials.
2.4. The topic, method of provision and term of services provision are indicated on the website of the Contractor.
2.5. The Contractor independently forms a list of services that can be provided to the Customer on the basis of this Agreement, and posts such a list of services on the Contractor's website.
2.6. The place of service provision is indicated on the Contractor's website.
3.1. Obtaining services under the Agreement may require the Customer's registration. In this case, registration is carried out by phone or e-mail address indicated on the Contractor's website, as well as through the Contractor's website by ordering an invoice for payment of the Contractor's services or paying for the Contractor's services using an electronic payment method.
3.2. When registering, the Customer provides the Contractor with information about:
3.2.1. full name and/or title;
3.2.2. position (if applicable);
3.2.3. registration number of the taxpayer's registration card and/or code according to the Unified State Register of Enterprises and Organizations of Ukraine (if applicable);
3.2.4. means of communication (phone number, e-mail address, etc.);
3.2.5. the number of event participants covered by the selected service.
3.3.If The Contractor may request additional information from the Customer if needed. The Contractor is not responsible for possible deficiencies in the primary documents and other documents drawn up in the process of fulfilling the terms of the Agreement in case of failure to provide the necessary information by the Customer.
3.4. The moment of registration starts the process of concluding the Agreement, and the Parties undertake to ensure the fulfillment of the conditions stipulated by the Agreement for its conclusion.
3.5. The customer is responsible for the accuracy of the information provided during registration.
3.6. The Customer registers only after familiarizing himself with the terms of this Agreement.
3.7. An invoice is sent to the Customer's e-mail address for payment of the services chosen after the registration, unless otherwise provided by the payment method chosen by the Customer.
3.8. By paying for services as per the invoice issued, the customer consents to receiving the services they chose on the contractor's website.
3.9. The contractor provides services in accordance with the legislation of Ukraine and the terms of this Agreement.
3.10. Services are provided by conducting offline events (with the physical presence of persons in a specified place) and online events (through the Internet using remote viewing services), as well as in other forms and other ways determined by the Contractor.
3.11. In the case of providing services in the form of an online event, the Contractor must provide the Customer with access to view the online event on the Internet platform chosen by the Contractor no later than 2 (two) calendar days before the date of the online event.
3.12. The date of the event (the start of the event) is indicated on the Performer's website.
3.13. The Contractor is not responsible if the Customer missed the event that started at the time indicated on the Contractor's website or within 15 minutes after the time indicated on the Contractor's website.
3.14. The Services are considered given to the Customer from the moment of the event's conclusion, which is in line with the description on the Contractor's website.
3.15. Following the customer's request, the contractor drafts an Act of Acceptance of the services provided (referred to as the 'Act'). Within 5 calendar days of the Contractor signing the act, the Customer will receive it in paper or electronic form.
3.16. The customer is obliged to review, sign and return a copy of the signed Act to the Contractor or submit his written, justified comments regarding the quality or other conditions of service provision within 5 calendar days of receiving the Act.
3.17. In case of the Customer's refusal to sign the Act received from the Executor, the Parties shall conduct negotiations regarding the quality or other conditions of service provision within 10 (ten) calendar days after the Customer's notification of refusal to sign the Act and sign the Act taking into account the changes made as a result of the negotiations.
3.18. If during the negotiation period established by Clause 3.17 of this Agreement, the Parties have not reached an agreement on the settlement of disagreements regarding the quality or other conditions of service provision, the dispute between the Parties may be submitted for consideration in a court of law in accordance with the requirements of the current legislation of Ukraine or in another manner, agreed by the Parties.
3.19. If the Contractor has not received from the Customer a request for Act of Acceptance or a copy of the Act signed by the Customer or written substantiated comments regarding the quality or other conditions of service provision within 30 (thirty) calendar days from the date of providing (sending) the Act to the Customer, the corresponding Act is considered signed and agreed by the Customer, and the Contractor's services are duly provided and accepted by the Customer in full without comments.
4.1. The Contractor has the right to:
4.1.1. to receive from the Customer the information necessary for the provision of services;
4.1.2. independently set the price of services and other terms of their provision by posting relevant information on the Contractor's website;
4.1.3. make changes to the Agreement by posting them on the Contractor's website without special notice to the Customer;
4.1.4.store and process personal data received in the process of providing services, in accordance with the requirements of the current legislation of Ukraine;
4.1.5. to suspend the provision of services in case of late fulfillment by the Customer of their obligations for payment of services;
4.1.6. suspend the provision of services in whole or in part in case of impossibility of providing services due to technical or other objective reasons.
4.2. The Contractor is obliged to:
4.2.1. provide services in accordance with the terms of this Agreement;
4.2.2. provide clarification on issues arising from the Customer related to the provision of services;
4.2.3. to provide the possibility for the Customer to review events online in accordance with the Agreement;
4.2.4. provide services personally and/or with the involvement of third parties, while remaining fully responsible to the Customer for the provision of services;
4.2.5. ensure the protection of personal data received from the Customer.
4.3. The Customer has the right to:
4.3.1. receive services provided by the Contractor in accordance with the terms of the Agreement;
4.3.2. to receive complete and reliable information about the scope of services provided, as well as clarification on issues arising from the provision of services.
4.4. The customer is obliged to:
4.4.1. familiarize themselves with the terms of the Agreement posted on the Contractor's website;
4.4.2. to provide reliable and complete information necessary for the conclusion and execution of the Agreement;
4.4.3. make payment for the services provided in accordance with the terms of the Agreement at the prices determined by the Contractor;
4.4.4. immediately notify the Contractor of a change in details, circumstances and facts that are important for the provision of services under the Agreement;
4.4.5. not to copy or distribute consultations, materials, presentations, clarifications, and other information obtained during the execution of the Agreement without the written consent of the Contractor;
4.4.6. to provide the Contractor with premises and technical means (in the case of providing services at the Customer's location).
5.1. The price of the Contractor's services is indicated on the Contractor's website.
5.2. The Contractor has the right to unilaterally change the price of any service by noting the new price of the service on the Contractor's website.
5.3. The cost of the services is determined by invoices that are an integral part of this Agreement.
5.4. The Contractor may not change the price of the service paid by the Customer.
5.5. The Contractor provides the Customer with services subject to their prepayment. The customer completes advance payment for the services no later than 5 (five) calendar days before the date of service provision. The parties may agree on a different payment term for the Contractor's services.
5.6. Settlements between the Customer and the Contractor are made in the ways specified on the Contractor's website, unless otherwise specified by additional agreements.
5.7. Еhe Customer issues payment documents with the reference to the number and date of the invoice issued by the Contractor in the "Payment description" field.
5.8. The payment is considered completed from the moment the funds are credited to the current account of the Contractor. The Customer is responsible for the correctness of the transfer.
5.9. The Customer shall notify the Contractor in writing no later than 3 (three) calendar days before the date of service provision specified in the invoice in case of impossibility or refusal to use the Contractor's services. The Contractor shall refund the funds paid by the Customer within 5 (five) working days from the date of submission by the Customer of a written statement specifying the details of the Customer's account.
5.10. The payment made by the Customer for the services shall not be refunded, unless otherwise agreed by the Parties in case of impossibility or refusal to use the services of the Contractor less than 3 (three) calendar days before the date of services provision.
5.11. The Customer's payment of services means the Customer's full and unconditional agreement with the Public Offer set out in the terms of this Agreement.
5.12. The price of the services includes taxes and fees (other mandatory payments), which are payable by the Contractor in connection with the fulfillment of the terms of the Agreement in accordance with the requirements of the current legislation of Ukraine.
6.1. The Parties are responsible for breach of the Agreement in accordance with the provisions of the current Ukrainian legislation and the terms of this Agreement.
6.2. A violation of the Agreement is its non-fulfillment or improper fulfillment, that is, fulfillment in violation of the conditions defined by the content of this Agreement.
6.3. The Contractor is not responsible for improper performance or non-performance of this Agreement, if the Customer has not provided the information and documents necessary for the provision of ervices, or in case of incomplete information and documents or the provision of contradictory and/or inaccurate information and/or documents
6.4. The customer is responsible for the reliability and completeness of the information provided during registration. The Contractor is not responsible for the Customer's losses incurred as a result of the refusal to return the advance payment, provide services, and/or perform other actions due to the impossibility of correct identification of the Customer, if the Customer did not specify or incorrectly specified information about themselves.
6.5. In case of non-provision of services due to the fault of the Contractor, the Contractor shall return the payment made to the Customer within 5 (five) calendar days based on the Customer's written statement.
6.6. If the Customer is late in paying for services as of the day of their provision, the Customer shall be deprived of the right to receive services, unless otherwise agreed by the Parties.
6.7. In case of delay in payment of services by the Customer, the Customer undertakes to pay a penalty in favor of the Contractor in the amount of twice the accounting rate of the National Bank of Ukraine from the amount of the outstanding obligation for each day of delay in payment.
6.8. In case that the Customer is late in paying for the services for more than 30 (thirty) calendar days from the date of service provision, the Customer shall pay to the Contractor a fine in the amount of the unpaid services in addition to the fine provided for in Clause 6.7 of the Agreement.
6.9. In case that the Customer makes a payment, but does not receive services due to reasons beyond the Contractor's control, such funds may be credited with the Customer's consent to future payments for services to be provided by the Contractor, or may be returned at the Customer's request.
6.10. The operator of payment infrastructure services is responsible for the correctness and timeliness of the money transfer, as well as the preservation and processing of personal data and other information provided to initiate the transfer of funds, in accordance with the procedure provided for by the legislation of Ukraine, if payment systems are used to pay for services on the Contractor's website.
6.11. The contractor is not responsible for the violation of the terms of the Agreement, committed by him due to the fault of the provider of intermediate services in the information field.
7.1. Neither Party shall be liable for failure to perform any of its obligations in whole or in part, when non-performance is a direct consequence of any circumstances of irresistible (force majeure) nature, which are beyond the reasonable control of the Parties and occurred after conclusion of this Contract. Force majeure shall include, in particular, but not exclusively, hostilities, revolutions, coup d'etats, natural disasters, man-made and other accidents, accidents in the power supply and communication system, strikes, lockouts, acts of sabotage and terrorism, decisions of state and local authorities, epidemics , pandemics, emergency situations that make it objectively impossible to fulfill the terms of the Agreement.
7.2. Force majeure applies, and the Party for which force majeure has occurred is released from responsibility for breach of the terms of the Agreement, if a certificate of the Chamber of Commerce and Industry of Ukraine or a regional chamber of commerce and industry or another official document issued by an authorized body or organization of the state, where force majeure occurred, is received.
7.3. The Party for which force majeure has occurred is obliged to notify the other Party about it within 3 (three) calendar days from the date when the Party became aware of the occurrence of force majeure, and to provide the other Party with the appropriate documents to confirm the force majeure.
7.4. From the moment of notification of force majeure by the other Party, the fulfillment of the terms of the Agreement is suspended, and the term of performance of obligations under the Agreement is extended for the period of existence of force majeure.
7.5. Suspension of the Agreement means that the Contractor stops providing the services within the Agreement, and the Customer must not make further payments for services that were not provided, without negative consequences, fines and liability for each of the Parties.
7.6. The Party for which the force majeure has occurred is obliged to notify the other Party of the termination of the force majeure within 3 (three) calendar days from the date when the Party became aware of the termination of the force majeure.
7.7. Each Party has the right to initiate the termination of the Agreement if the duration of force majeure exceeds 1 (one) month.
8.1. Unless otherwise stipulated in the additional agreement, the Executor has exclusive rights to intellectual property objects created during the execution of the Agreement, including the rights provided for by the legislation of Ukraine, the Berne Convention for the Protection of Literary and Artistic Works of 1886 and the World Copyright Convention of 1952, other international legal acts, namely:
8.1.1. the exclusive right to use the subject of intellectual property;
8.1.2. the exclusive right to allow the use of the subject of intellectual property;
8.1.3. the exclusive right to prevent the illegal use of an intellectual property object, including the right to prohibit such use;
8.1.4. other intellectual property rights that exist today or will appear in the future.
8.2. Objects of intellectual property for the purposes of this Agreement are, in particular, but not exclusively, the Contractor's website, information posted on the Contractor's website, including texts, infographics, presentations, images, audiovisual works, etc., working and advertising materials, commercial messages, marketing research in paper, electronic or any other form, software, logos, graphics, sounds, etc., used or created by the Contractor in the process of fulfilling the terms of the Agreement.
8.3. The Contractor's exclusive rights to intellectual property objects created in the process of performing the Agreement extend to the finished object of intellectual property (in electronic, paper and other forms), as well as to materials obtained in the process of its creation, to audio and video recordings , regardless of language and form of expression, including data compilations and software.
8.4. Intellectual property objects belonging to the Contractor may be used by the Customer under the terms of a limited non-exclusive license, which excludes the possibility of the Customer using intellectual property objects in the field identical or adjacent to the Contractor's activities, as well as the possibility of the Customer issuing licenses to other persons for the use of of the Contractor's intellectual property.
8.5. Granting the right to use intellectual property objects to the Customer, the Contractor does not transfer to the Customer exclusive intellectual property rights to such objects and does not grant permission to use them for the purposes of carrying out activities identical or related to the activities of the Contractor.
8.6. The use of intellectual property objects by third parties is allowed only with the permission of the Contractor, except for cases stipulated by the legislation of Ukraine.
8.7. The executor uses objects of intellectual property rights belonging to other persons on the basis of licenses, contracts or other legal grounds.
8.8. The Contractor may freely use his skills, know-how and experience, as well as use and disclose any generalized ideas, concepts, methods, techniques obtained or mastered during the execution of the Agreement, without disclosing the Customer's confidential information.
9.1. Each of the Parties consents to the collection and processing of their personal data (including collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (distribution, sale, transfer), depersonalization, destruction of personal data, including using information (automated) systems, as well as other types of activities that the Parties may perform regarding personal data in written (paper), electronic and other forms), in particular, but not exclusively, the following personal data: name, surname, patronymic, date birth, identity document data (number, series, date of issue, issuing authority, etc.), registration number of the taxpayer's registration card (tax number), extract of data from the state register of legal entities and individual entrepreneurs, taxation system, information about education and qualifications, telephone number, e-mail address and other data voluntarily provided for the purpose of ensuring the implementation of contractual relations between the Parties, keeping accounting and management records, conducting advertising campaigns and marketing research, sending information and telecommunications means of communication (e-mail, mobile communication, through messengers, applications, social networks, etc.) of electronic commercial messages, communication and relations with state authorities and local self-government bodies, as well as for other purposes covering the legitimate interest of the Contractor.
9.2. The Parties undertake to ensure adequate protection of personal data from illegal processing and illegal access by third parties, including taking the necessary measures to prevent the disclosure of personal data of officials, employees, authorized representatives of the Parties, if such personal data were entrusted to the Party or became known to the Party in connection with obligations under the Agreement.
9.3. The Customer confirms by concluding this Agreement that they have been notified (without additional notification) of the rights of the subject of personal data, established by the Law of Ukraine "On the Protection of Personal Data", the purpose of personal data processing, the composition and content of collected personal data, as well as the conditions of access to personal data third parties.
10.1. Disputes that arise between the Parties during the execution of this Agreement and related to it shall be resolved through negotiations.
10.2. All disputes of the Parties, regarding which an agreement was not reached, may be submitted for resolution in a court of law in accordance with the requirements of the current legislation of Ukraine.
10.3. The dispute may be referred for resolution to a mediator or other independent professional mediator by mutual agreement of the Parties.
11.1. The Agreement enters into force on the date specified in Clause 1.6 of this Agreement and is valid until the Parties fully fulfill their obligations under the Agreement.
11.2. The Agreement is prematurely terminated:
11.2.1. by mutual consent of the Parties;
11.2.2. by a court decision that has entered into force;
11.2.3. for other reasons stipulated by the current legislation of Ukraine and this Agreement.
12.1. The Contractor has the right to unilaterally make changes to the Contract by publishing changes to the Contract on the Contractor's website. Amendments to the Agreement shall enter into force from the date of their publication on the Contractor's website, unless another term of entry into force is additionally specified upon their publication.
12.2. According to this Agreement, the executor has the status of a single tax payer of the group 3.
12.3. The Parties undertake to be guided by the norms of the current legislation of Ukraine, in particular the provisions of the Civil Code of Ukraine, the Economic Code of Ukraine and the Law of Ukraine "On Electronic Commerce" for issues arising in connection with the conclusion, execution and termination of this Agreement and not regulated by it.
12.4. Invalidation of any provision of this Agreement shall not affect the validity of the remaining provisions of the Agreement. In this case, the Parties do their best to agree on the replacement of the invalid condition with new valid provisions.
12.5. The Parties undertake not to disclose the confidential information and commercial secrets that became known to them during fulfillment of the Agreement and not to use the relevant information in their own interests or in the interests of third parties.
12.6. The parties bear full responsibility for the completeness and authenticity of the details provided by them in the documents. The parties undertake to immediately notify each other of a change in name, designation, organizational legal form, location (place of residence), mailing addresses, telephone numbers, e-mail addresses, details of bank and other accounts. In case of non-notification, the guilty Party bears the risk of the related adverse consequences (including tax).
This agreement is drawn up in two languages (Ukrainian and English). The Ukrainian text of the Agreement will prevail in case of any discrepancies, .
Private entrepreneur Ivanets Ihor
25008, Kropyvnytskyi, 29 Kuropyatnikov str., fl.99
EDRPOU (National State Registry of Ukrainian Enterprises and Organizations) 2440902675
Current account (UAH) UA473052990000026000035101621
JSC CB "PRIVATBANK"
BIC 305299
Phone.: +380 97 469-36-97, ihor@ivanets.com
A single tax payer of the group 3
For international money transfer in USD
IBAN UA913052990000026002025106463
JSC CB "PRIVATBANK", 1D HRUSHEVSKOHO STR., KYIV, 01001, UKRAINE
Bank SWIFT Code: PBANUA2X
Account in the correspondent bank: 001-1-000080
SWIFT Code of the correspondent bank: CHASUS33
Correspondent bank: JP Morgan Chase Bank, New York ,USA
For international money transfer in EURO
IBAN UA703052990000026001005107609
JSC CB "PRIVATBANK", 1D HRUSHEVSKOHO STR., KYIV, 01001, UKRAINE
Bank SWIFT Code: PBANUA2X
Account in the correspondent bank: 400886700401
SWIFT Code of the correspondent bank: COBADEFF
Correspondent bank: Commerzbank AG, Frankfurt am Main, Germany