Contract offer - BIP Promo
Contract offer

PREAMBLE

This Offer Agreement is an Accession Agreement in accordance with Article 634 of the Civil Code of Ukraine and the relations of the Parties under it are subject to the legislation of Ukraine.

1. TERMS AND DEFINITIONS

1.1. The Company is a Limited Liability Company "Consulting with trust", IDRPO: 40643653, Legal address: 68001, Odessa region, Chernomorsk, Labor Square, 3, room 10.
1.2. User – a person who has passed the registration procedure and paid for access to the account in the specified software package, signed (accepted) The Company's offer to provide access to the "Bip.promo" software package, which has received the right to temporary access according to the tariff.
1.3. Client - a person who has expressed a desire to become a User of the "Bip.promo" Software Package by requesting test access by filling out the appropriate form on the company's website.
1.4. Bip.promo - software (hereinafter referred to as the "Programme") for the computer of the "Bip.promo" information service, located at http://bip.promo/ (hereinafter referred to as the "Company's website") and designed for independent management by the User based on the selected tariff. Exclusive rights to the Programme belong to the Company.
1.5. Tariff – the amount of payment for the designated access time set in the Tariffs section on the Company's Website, which gives the User the right, for the paid period, to use the Program located on the Company's Website, subject to the terms of this Agreement and the rules of use of the Program, the list of which is posted on the Internet on the Company's Website and is an integral part of this Agreement.
1.6. Test access is a temporary opportunity, regulated by clause 2.5. of this Agreement, provided, by the decision of the Company to the future User, in order to check the ability and need (need for him) Programs.
1.7. Account – data registered by the User in the Program (a login/ password pair or a special api key), stored in the prescribed form in the Program, allowing to identify and authorize the User.
1.8. Software Update - software that replaces or supplements the current Program.
1.9. All other terms used in this Offer (hereinafter referred to as the Contract) are interpreted in terms and definitions according to the practice of relations in the field of information technology.

2. SUBJECT OF THE CONTRACT

2.1 In accordance with this Agreement, the Subscriber (hereinafter referred to as the User) declares his/her intention to obtain the service for a fee for the temporary access of the User to the software package for the purpose of using it, and Limited Liability Company "Consulting with Trust" (hereinafter referred to as the Company) provides such access against payment in accordance with the fee set forth in this Agreement.
2.2. The Parties to the Agreement are guided by the terms of this Agreement, as well as the legislation of Ukraine, the rules of business turnover in the field of information technology. The meanings of the Terms of this Agreement are defined in section 1 of this Agreement.
2.3. All the terms of the Agreement stipulated below apply both to the Program as a whole and to all its parts separately. The right to access the Program is granted to the User regardless of the territorial binding via the World Wide Web.
2.4. The User, during the validity period of the paid tariff, receives the right to round-the-clock access to the Program and its functionality hosted on the Company's server, without transferring such a right to third parties unless the Company has written approval for this.
2.5. The Company has the right to provide the Client with free test access for advertising purposes at its discretion with a change in the Software package or a limited access period, as well as in a combined version that will be able to familiarize the Client with the capabilities of the Program.
2.5.1. The Client who has received Test Access is fully responsible according to the legislation of Ukraine for his actions when testing the Program, as well as when receiving Test access, undertakes to use it exclusively for purposes that comply with the legislation of Ukraine.
2.5.1.1. The Client who has received Test Access provides his personal data and gives permission to work with them. Working with personal data includes any action or set of actions, including, but not limited to, those indicated, such as: collection, registration, accumulation, processing, use, adaptation, transfer (to third parties for the exchange of information), storage, updating, modification, renewal and implementation of any other actions, and also, systematization, that is, the inclusion of personal data provided, as well as otherwise obtained, in accordance with the Law of Ukraine "On Personal Data Protection", in the database, including using information (automated) systems. For the purposes of this Agreement, personal data means not only personal data enabling identification (passport data), but also other specialized (specification) data necessary to create a personal Customer card stored in the Program database. Work with personal data is carried out in order to ensure the implementation of legal relations, relations in the field of accounting and relations in the field of security; relations in the field of advertising and marketing; relations in the field of statistics; ensuring the implementation of other relationships in which the Client has an interest, and requiring the processing of personal data, in accordance with the Law of Ukraine "On Personal Data Protection" and other regulatory legal acts of Ukraine.
2.5.1.2. The Client who has received the Test Access acknowledges that the program is the result of the intellectual activity of the Company and is protected by the legislation of Ukraine on intellectual property and relevant international treaties. The exclusive right to the Program, its accompanying materials and any copies thereof belongs to the Company, any unauthorized actions to modify the program, unauthorized copying of it, unauthorized transfer of it to third parties, etc., etc. is a violation of the rights of the Company and entails liability under the terms of this Agreement.
2.5.1.3 The Client who has received Test Access undertakes to provide a current email address when registering with the system.
2.5.1.4. The Client who has received Test Access undertakes not to allow violations of the Company's exclusive rights to the Program, in particular, not to commit and not to allow third parties to commit the following actions without the Company's special written permission:
● Actions that result in the elimination or reduction of the effectiveness of technical means of copyright protection used by the Company, including the use of software and hardware "multiplexing" tools, tools that change the algorithm of the software or hardware protection of the Program, as well as use the Program with eliminated or modified means of protection;
● Restore the source code, decompile the software part of the Program;
● use the Program in ways not stipulated in the Contract, including creating unnecessary and unjustified load on the servers on which the server components of the Program are reproduced.
2.5.1.5. The Client who has received Test Access is not entitled to perform actions that may entail:
● malfunction of the Company's equipment and network;
● disruption of the Program or restriction of the ability of other Users to use the Program;
● unauthorized access to the Program, as well as information, computing and network resources of the Company;
● causing or threatening to cause damage to third parties, including by posting information and links to network resources, the content of which contradicts the current legislation of Ukraine.
2.5.1.6. The Client who has received Test Access independently ensures the availability of equipment that meets the technical requirements for using the Program and accessing the Internet.
2.5.1.7. The Client who has received Test Access guarantees that he has all the necessary rights to all data, computer programs or services that he uses in connection with the use of the Program, and that such actions do not violate the rights of third parties.
2.5.1.8. The Company is not liable to the Client who has received Test Access for any damage, any loss of income, profit, information or savings related to the use or inability to use the Program, including in the case of prior notification by the Client of the possibility of such damage, or for any claim by a third party.
2.5.1.9. The Client who has received Test Access confirms that he has legal grounds for using the Program to use the information and materials belonging to him, including, but not limited to, text and graphic materials.
2.5.1.10. The Client undertakes not to use the Program in information systems operating in hazardous environments or servicing life support systems in which a malfunction of the Program may endanger people's lives or cause large material losses or other serious consequences. The Company is not responsible for such consequences.
2.5.1.11. The Client who has received Test Access is solely responsible for the violation of copyright and related rights, unauthorized use of trademarks and other means of individualization in the case of their independent placement when using the Program, and this responsibility also extends to the placement of information infringing on morality (pornography, etc.) calls for violent actions (war, military coups, strikes, etc.P.) as well as racial and other intolerance and attempts to spread weapons, unauthorized distribution of substances of limited civil circulation.

3. THE PROCEDURE FOR ACCEPTING THE CONTRACT

3.1. Acceptance (signing) of this Agreement is carried out by the User after the agreement of this Agreement by paying the appropriate tariff, in the form established by the Company.
3.2. After accepting (signing) this Agreement, the Parties fulfill its terms without reservations and without any changes not agreed by the Company. The changes in this paragraph mean any actions not agreed by the Company.
3.3. When registering, the User uses as a login, his e-mail address, to which confidential information about the password for accessing his account and other information for providing services to the User, as well as information about the User's obligations to the Company, will be provided. The user gets access to his personal account only using the email address specified during registration.
3.4. By paying the tariff, the User confirms that he has read and fully agrees with the terms of the Agreement and its annexes, which are an integral part of this Agreement and are binding on the Parties.
3.5. The terms of this Agreement can be changed by the Company and such a change occurs unilaterally by publishing on the Company's Website (https://bip.promo /) new edition or introduced changes. The changes come into force from the moment specified in the Contract. The user undertakes to regularly familiarize himself with new editions and follow their rules.
3.6. The User, if there is a reasoned refusal of the terms of the new version, is obliged to notify the Company within 3 (three) working days from the date of entry into force of the new version of the Agreement, otherwise the new version of the Agreement is considered accepted by the User.
3.7. The Company, having received a reasoned refusal, is obliged to provide a response to the User within a day. In case of rejection of the User's motivation, the latter is obliged to fulfill the terms of the Contract in the new version or to withdraw from the Contract at the same time, the payment made to the User is not refunded either in full or in part. In case of acceptance of the User's motivation, payment is made from the moment of making motivated changes.
3.8. The User who has accepted the Contract is obliged to strictly follow the recommendations of the Company aimed at improving the work of the Troubleshooting Program and maintaining the stability of the work.

4. EXCLUSIVE RIGHTS TO THE PROGRAM

4.1. The Program is the result of the intellectual activity of the Company and is protected by the legislation of Ukraine on intellectual property and relevant international treaties. The exclusive right to the Program, its accompanying materials and any copies thereof belongs to the Company, any unauthorized actions to modify the program, unauthorized copying of it, unauthorized transfer of it to third parties, etc., etc. is a violation of the Company's rights and entails liability under the terms of this Agreement.
4.2. The right to use the Program is granted to the User exclusively on the terms and in the amount of the paid Tariff established by the Agreement.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Company has the right to:
5.1.1. Make changes to the Program without the consent of the User.
5.1.2. Suspend the User's access to the Program or deprive him of it in general in case of violation of the terms of the Agreement and the rules of use by the latter.
5.1.3. Carry out preventive maintenance on the server, and notify the User about it by posting relevant information on the Company's Website. In urgent cases, the Company has the right to carry out work without prior notice on the specified site. If possible, such work is carried out on weekends and holidays.
5.1.4. Update the Program on the server.
5.1.5. Provide, at its sole discretion, Test access to the Program for informational purposes.
5.1.6. In order to ensure uninterrupted use of the server component of the Program by all registered Users, including to prevent unfair User actions mentioned in clause 5.4.7. as well as sections 7,8,9,11,12, the Company has the right to impose technical restrictions on a temporary or permanent basis (including setting a limit on processing requests per unit of time or other limits). The introduction of restrictions does not depend on what access the User has.
5.1.7. Use information about the results /process/fact of using the Program by the User to advertise the Company, in promotions, demo materials, etc., for informational and/or other purposes (including using the User's trademarks and service marks for these purposes). The User, being the owner of the specified rights, authorizes the Company to use it.
5.2. The Company is obliged to:
5.2.1. Provide, after paying the appropriate tariff, the User with access to the Program.
5.2.2. Ensure round–the-clock availability of the server on which the Program is located, with the exception of the time of preventive maintenance.
5.2.3. Refrain from any actions that may hinder the User from exercising the right to use the Program granted to him within the limits established by the Agreement and inform the User about the actions of third parties that hinder the exercise of the User's right to use the Program.
5.3. The User has the right to:
5.3.1. Receive access to the Program according to the paid tariff, around the clock, except for the time of preventive maintenance.
5.3.2. Receive information about the Program, consultations on working with the Program, motivate your disagreement with the changes to the Contract and perform other actions in accordance with the legislation of Ukraine.
5.4. The User undertakes to:
5.4.1. Pay in full the tariff plan, including in case of Contract extension, as well as other payments related to the use of the Program.
5.4.2. Comply with the requirements for using the Program established by the Company in this Agreement.
5.4.3. Not to transfer to third parties the passwords and logins used to access the Program, to ensure the confidentiality of their storage.
5.4.4. Not to use the Program outside of the rights specified in the License Agreement in Section 7, namely, but not limited to:
not to sell, not to replicate, not to copy the Program in whole or in part, not to alienate in any other way, including free of charge, without obtaining the prior written consent of the Company for all of the above actions, as well as not to use the Program for purposes contrary to the legislation of Ukraine, including, but not limited to, violation of intellectual property law, legislation on information and other legislation.
5.4.4.1. The User hereby acknowledges that the Program will be used exclusively for purposes that comply with the legislation of Ukraine.
5.4.5. Do not use the Program in information systems operating in hazardous environments or servicing life support systems in which a malfunction of the Program may endanger people's lives or cause large material losses or other serious consequences. The Company is not responsible for such consequences.
5.4.6. Provide an up-to-date email address when registering in the Program system.
5.4.7. Not to allow violations of the Company's exclusive rights to the Program, in particular, not to commit and not to allow third parties to commit the following actions without the Company's special written permission:
5.4.7.1. Actions resulting in the elimination or reduction of the effectiveness of technical means of copyright protection used by the Company, including the use of software and hardware "multiplexing", tools that change the algorithm of software or hardware protection of the Program, as well as use the Program with eliminated or modified means of protection;
5.4.7.2. restore the source code, decompile and/or disassemble the software part of the Program;
5.4.7.3. use the Program in ways not stipulated in the Contract, including creating unnecessary and unjustified load on the servers on which the server components of the Program are reproduced.

6. REMUNERATION

6.1. Payment for access to the Program is carried out by the User according to the cost and conditions of the corresponding tariff.
6.2. The User pays for access to the Program by cashless payment (debit) from a bank card or by transferring certain funds to the Company's account in accordance with the tariff. Payment according to the selected tariff is considered to be made only after funds are credited to the account specified in this Agreement.
6.2.1. The debit from the bank card is made (automatically) by a technical method by linking the User's bank card to the payment system of the specified Company.
6.2.2 The absence of notification of acceptance of the automatic payment system according to clause 6.2.2 of this Agreement is an approval of the User's obligation to pay by other financial mechanisms. For automatic debiting, according to the selected tariff, the User authorises the connection of their bank card to the payment system.
6.2.3. The extension of access at the selected tariff can be carried out by its payment by the method of automatic debiting of funds from the User. If the User wishes to change the selected payment system in the future, including automatic debiting, the User must coordinate such a change with the Company.
6.2.4. The agreement takes place as follows:
● At least 7 working days before the date of payment, the User notifies the Company of the desire to change the payment system.
● The Company does not have the right to refuse the User unmotivated.
● If the User does not receive a reasoned refusal at the time of payment, a change in the payment system is considered agreed.
6.2.5. Automatic debiting is carried out in accordance with the tariff, on time, and in the amounts specified in the tariffs. Any comments, claims, etc., on automatic debiting of funds for consideration by the Company must be sent to it officially in accordance with the current legislation no later than 3 calendar days from the date of their appearance.
6.3. Transfer of funds in accordance with the selected tariff.
6.3.1. The transfer of funds in accordance with the selected tariff is carried out by the User independently (in case of refusal of automatic debiting) no later than 7 working days before the date of granting access to the Program.
6.3.2. The extension of payment according to the selected tariff can be carried out by transferring the User's funds to the Company's current account.
6.4 The commencement of the Licence Term is the day on which the Account and/or the Account is created (the day of Registration).
6.5. In case the validity period of the respective licence expires and the Licensee fails to purchase a new licence from the list specified in section 6.1. of this Agreement within 15 (Fifteen) calendar days, further use of the Software by the Licensee may be limited by Licensor at its discretion.
6.6. Licensor has the right to change the types of licenses unilaterally by posting a new list of licenses on the Internet at http://www.amocrm.ru not later than 14 (Fourteen) days before such changes come into effect.

7. PROCEDURE FOR THE USE OF THE PROGRAMME

7.1 Registration.
7.1.1. In order to use the Software the Licensee is required to complete the Registration procedure, as a result of which a unique Account and Account will be created for the Licensee. In order to add Authorised Users the Licensee needs to create their accounts and give them access to the Account using the Software. The number of Authorised Users within an Account is determined based on the type of licence.
7.1.2 In order to register, the Licensee undertakes to provide correct and complete information about themselves and the Authorised Users on the matters proposed in the registration form and to keep this information up to date. If the Licensee provides incorrect information or the Licensor has reason to believe that the information provided is incomplete or unreliable, the Licensor has the right, in its sole discretion, to block or delete the Licensee's account and to prohibit the use of the Programme.
7.1.3. Liability for copyright infringement comes under the applicable laws of Ukraine.
7.1.4. This Agreement does not grant the User any rights to use the Trademarks and Service Marks of the Company and/or its partners without written consent of the holder of such rights.
7.1.5 The User may not under any circumstances remove or obscure any copyright, trademark or patent information or knowledge of the Program.
7.2 Terms of Use of the Program and their limitations.
7.2.1 The User is granted the right to access the Program in accordance with the price paid for under this Agreement.
Assignment (transfer) of rights.
7.3.1. User is entitled to access the Program in accordance with the law of Ukraine. Assignment (transfer) of rights and obligations shall be performed only with the full and unconditional consent of the new User to all the terms and conditions of this Agreement and with the written consent of the Company.
7.3.2. The User shall provide to the Company full details of the new User in order to re-register access to the Program under this Agreement 3 working days prior to the moment of the assignment of the access rights.
7.3.3 The assignment (transfer) of rights under this Agreement shall not be made indirectly or through any third party.
7.4 Rate types.
7.4.1 The User shall be entitled to independently choose the relevant type of the Tariff, the list of which is posted on the Internet at: https://www.bip.promo/.
7.4.2 The User has the right to change the type of tariff during its validity period, in this case the validity period of the purchased tariff will be increased by the term of the paid, but unexpired current tariff with the cost of the new tariff.
7.4.3 The beginning of access according to the selected tariff is the day of payment for the relevant tariff.
7.4.4 In case the term of validity of the tariff concerned has expired and the User has not paid for the tariff for the next term, the further use of access to the Program by the User is terminated.
7.4.5. The Company shall be entitled to change the tariffs unilaterally by posting new tariffs on the Internet at https://www.bip.promo/ not later than 14 (Fourteen) days before such changes come into effect. Changes to the tariffs do not require an explanation or prior notice to the Company, except in compliance with this clause of the Agreement.

8. THE PROCEDURE FOR USING THE PROGRAM

8.1. Registration in the Program is carried out by the User independently by filling out the form posted on the website https://www.bip.promo/.
8.1.1. In order to use access to the Program, the User must go through the registration procedure, as a result of which a unique account and account will be created for the User.
8.1.2. For registration, the User undertakes to provide accurate and complete information in the proposed registration form and keep this information up to date. If the User provides false information or the Company has reason to believe that the information provided by the User is incomplete or unreliable, the Company has the right, at its sole discretion, to block or prohibit the use of the Program, as well as to delete the User's account.
8.1.3. During registration, the User independently chooses a login (unique symbolic name of the User's account) and password for access to the Account. The Company has the right to prohibit the use of certain logins, as well as to set requirements for the login and password (length, allowed characters, etc.).
8.2. The User is solely responsible for the security (resistance to guessing) of the password chosen by him/her, as well as ensures the confidentiality of his/her password. The User is solely responsible for all actions/inactions (as well as their consequences) within the framework or using access to the Program under his/her account, including cases of voluntary transfer or non-compliance with the confidentiality of data for access to his/her account to third parties under any conditions (including under contracts or agreements). In this case, all actions within the framework or using access to the Program under the User's account are considered to be performed by the User, except for cases that occur after the Company receives from the User, sent in the manner prescribed by this Agreement, a notice of unauthorized use of the Program under the User's account or any violation (suspicion of violation) of the confidentiality of his password.
8.3. The User is obliged to immediately notify the Company of any case of unauthorized access to the Program using his/her Account and/or of a breach (suspicion of a breach) of the confidentiality of his/her password. For security purposes, the User is obliged to independently perform a secure logout of his/her account ("Logout" button) after each session of work with the Program. The Company is not responsible for possible loss of data, as well as other consequences of any nature that may arise due to the User's violation of the provisions of this part of the Agreement.
8.4. In case of violation of the terms of the Agreement by the User, the Company shall have the right to block and delete the User's account, including all the User's content without explanation. From that moment on, it is impossible to restore the account, any information related to it, as well as access to the Program using this account.

9. USAGE RESTRICTIONS

9.1. The User has no right to take actions that may cause:
● disruption of the Company's equipment and network;
● disruption of the Program operation or limitation of the ability of other Users to use the Program;
● unauthorized access to the Program, as well as information and computing and network resources of the Company;
● causing or threatening to cause harm to third parties, including by posting information and links to network resources, the content of which contradicts the current legislation of Ukraine.
9.3. The User shall independently ensure the availability of equipment that meets the technical requirements for using the Program and access to the Internet.
9.4. The User warrants that he/she has all necessary rights to all data, computer programs or services used by him/her in connection with the use of the Program, and that such actions do not violate the rights of third parties.

10. TECHNICAL SUPPORT

10.1. The Company provides technical support for access to the Program for the User, including on issues related to the functionality of the Program, features of operation on standard configurations of supported operating, mail and other systems in the manner and under the conditions specified in the technical documentation to it.
10.2. The User has the right to contact the Company's Technical Support Service to resolve technical support issues without payment of additional remuneration.
10.3. To provide Technical Support, the Company has the right to require the User to provide information on account data, technical characteristics of the equipment and other information necessary for the provision of Technical Support.

11. TERMS OF PROCESSING AND USE OF PERSONAL DATA

11.1. The User provides his personal data and gives permission to work with them. Work with personal data includes any action or set of actions, including, but not limited to, the following: collection, registration, accumulation, processing, use, adaptation, transfer (to third parties for information exchange), storage, updating, modification, destruction, restoration and any other actions, as well as systematization, that is, inclusion of personal data provided, as well as otherwise obtained in accordance with the Law of Ukraine "On Personal Data Protection" in the database, including using information (automated) systems, software, and other means. For the purposes of this Agreement, personal data means not only personal data that allow identification (passport data), but also other specialized (specification) data necessary to create a personal profile of the User stored in the Program database. Work with personal data is carried out in order to ensure the implementation of legal relations, relations in the field of accounting and relations in the field of security; relations in the field of advertising and marketing; relations in the field of statistics; ensuring the implementation of other relations in which the User has an interest and which require the processing of personal data in accordance with the Law of Ukraine "On Personal Data Protection" and other regulatory legal acts of Ukraine.
11.2. By agreeing to this Agreement, the User confirms that all the information provided, which constitutes personal data, is provided voluntarily, with an understanding of the purpose for which it is provided, without coercion, and in the absence of circumstances that can be regarded as insurmountable and forcing the issuance of this permission, the Company has the right to use and dispose of it in accordance with the legislation of Ukraine. The term of the permission to use personal data is not limited. The permission to use personal data may be withdrawn at any time at the written request of the User and from the moment of receipt of such application by the Company; all personal data of the User cannot be found the subject of processing, transfer.
11.3. The Company undertakes to take all necessary measures to protect the above personal data from unauthorized access or disclosure.
11.4. The User understands and agrees that in case of withdrawal of this consent, he/she is deprived of the opportunity to use part or all of the Program services.
11.5. The User agrees to receive promotional and informational messages regarding the products and services of the Company and its partners via e-mail, the address of which he/she provides during registration.
11.6. The Company guarantees the safety of the User's personal data during the term of the selected tariff plan.

12. DISCLOSURES OF GOOGLE

The use application and the transfer to any other application of information obtained from Google accounts will comply with the user data policies of the Google API services, including limited use requirements.

13. LIMITED WARRANTY AND LIABILITY

13.1. The Company confirms that the Program will function in accordance with the description indicated on the Company's website, provided that it is used in accordance with this Agreement. The Program is provided to the User in accordance with the generally accepted principle in international practice - "as is". This means that the Company is not responsible for non-compliance of the results of using the Program with the User's expectations, as well as the commercial results of using the Program, etc.,.
13.2. The Company does not initiate and does not control the placement of any information by the User during the use of the Program, does not affect its content and integrity, and also at the time of posting this information does not know and cannot know whether it violates the legally protected rights and interests of third parties, international treaties and the current legislation of Ukraine.
13.3. The Company is not liable to the User for any damage, any loss of income, profit, information or savings related to the use or inability to use the Program, including in the case of prior notification by the User of the possibility of such damage, or for any claim by a third party.
13.4. If errors are found when using the Program, the Company will take measures to correct them as soon as possible. The Parties agree that the exact definition of the error correction period cannot be established, since the Program closely interacts with other third-party programs, operating systems and hardware resources of the User's computer and the operability and time of troubleshooting do not fully depend only on the Company.
13.5. If the User commits actions prohibited by the provisions of this Agreement, the Company has the right to take measures to identify and prevent these violations without explaining the reasons and notifying the User of any kind.
13.6. For violation of the terms of this Agreement by the User, the responsibility provided for by the legislation of Ukraine comes.
13.7. The Company is not responsible for the inability to use the Program for reasons depending on the User.
13.8. The Company is not responsible for non-fulfillment or improper fulfillment of the Agreement by the User, as well as the result of failures in telecommunications and energy networks, malicious programs, as well as unfair actions of third parties, expressed in actions aimed at unauthorized access and / or disabling the Program and other actions committed through no fault without notice and without the participation of the Company.
13.9. The Company makes every possible effort to ensure the normal operation of the Program, but is not responsible for non-fulfillment or improper fulfillment of obligations under the Agreement, as well as for direct and indirect losses of the User, including lost profits and possible damage resulting from:
13.9.1. Absence (inability to establish, terminate, etc.) of Internet connections between the User's server and the Company's server.
13.9.2. Carrying out activities by state and municipal bodies, as well as other organizations within the framework of operational investigative measures.
13.9.3. The establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by these entities of one-time restrictions that make it difficult or impossible to fulfill the Contract.
13.10. The User confirms that he has legal grounds to use the information and materials belonging to him with the help of the Program, including, but not limited to, text and graphic materials.
13.11. The User is solely responsible for the violation of copyright and related rights, unauthorized use of trademarks and other means of individualization in the case of their independent placement when using the Program, and this responsibility also extends to the placement of information infringing on morality (pornography, etc.) calls for violent actions (war, military coups, strikes, etc.) as well as racial and other intolerance and attempts to distribute weapons, unauthorized distribution of substances of limited civilian circulation.
13.12. The User is responsible for the safety of the provided unique login and password for authorization in the Program and undertakes to reimburse any losses in full to the Company associated with the use of his unique login and password by persons not authorized to act on behalf of the User.
13.13. All disputes and disagreements between the Parties arising out of or in connection with the Agreement are resolved by the Parties through negotiations. If it is impossible to settle disputes, disagreements, claims or claims relating to this Agreement, the Parties shall act in accordance with the legislation of Ukraine. The Parties have determined the term of consideration of the claim as 30 (Thirty) calendar days from the date of its receipt by the Party.

14. FORCE MAJEURE CIRCUMSTANCES

14.1. The Parties are released from liability for full or partial non-fulfillment of obligations under the Agreement, if such non-fulfillment was directly related to force majeure circumstances that arose after the conclusion of the Agreement, which the Parties could neither foresee nor prevent.
14.2. Force majeure circumstances, including:: natural disasters (fires, hurricanes, floods, earthquakes, eruptions), epidemics of epizootics, epiphytotics, etc. man-made disasters, wars and military actions, strikes, actions of state and municipal authorities and changes in the current legislation of Ukraine.
14.3. If one of the Parties is unable to fulfill its obligations due to circumstances of force majeure or force majeure, it must notify the other Party in writing about the nature of the events and their expected duration no later than 10 (ten) calendar days from the date of occurrence of such events, unless these circumstances themselves prevented such notification.
14.4. In case of force majeure or force majeure, the term of performance of obligations under the Contract is postponed for the period of validity of these circumstances. If these circumstances continue for more than 3 (three) months, each Party has the right to unilaterally terminate the Contract.
14.5. The existence of force majeure circumstances must be confirmed by the Party referring to such circumstances in accordance with the procedure provided for by the current legislation of Ukraine.

15. THE TERM OF THE AGREEMENT AND THE PROCEDURE FOR ITS TERMINATION

15.1. This Agreement is valid from the moment of its publication until its modification or withdrawal by the Company. The Agreement comes into force from the moment of its payment by the User and is binding on the Parties throughout the entire period of use of the Program (according to the tariff chosen by the User) or until its termination on one of the grounds provided for by the legislation of Ukraine and/or this Agreement.
15.2. The Parties have the right to unilaterally (out of court) refuse to perform the Contract by sending a corresponding written notice to the other Party, having previously carried out all mutual settlements. The Agreement will be considered terminated after 10 (ten) business days from the date of receipt by the relevant Party of such notification in the absence of financial claims and a reasoned refusal to terminate it (termination) by the Party who received the notification of termination of this Agreement.
15.3. Termination (termination) of the term of the Agreement does not release the Parties from the obligation to make all mutual settlements and responsibility for its violations, if any, occurred during the performance of the terms of the Agreement.
15.4. If the User violates the obligations established by the Agreement, the Company has the right to unilaterally, out of court, refuse to perform the Agreement without any compensation to the User for losses caused by such termination, notifying the User by e-mail specified by the User when registering in the Program system about the termination of the Agreement 10 (ten) working days before the date of its termination.

16. OTHER CONDITIONS

16.1. All issues not regulated by the Contract are regulated in accordance with the legislation of Ukraine.
16.2. The Agreement applies to all subsequent updates of the Program. The User accepts the terms of the Agreement for the corresponding updates / new versions of the Program, unless the update / new version of the Program is accompanied by another Agreement.
16.3. Written documents (including notifications, letters, demands, etc.) may be sent by one Party to the other Party by courier or by registered letter with notification, or these documents may be sent by e-mail through the User's personal account interface and/or the e-mail address specified by the User when registering in the Program system.
16.4. The Parties have agreed that the Act of acceptance of the services rendered, invoices, other documents and notifications (hereinafter referred to as "Documents") can be sent by e-mail through the interface of the User's personal account and/or the e–mail address specified by the User when registering in the Program system. At the same time, the Parties recognize the validity of such Documents for settlements and other actions, these Documents are recognized by the Parties as equivalent to Documents received on paper. Signatures of authorized representatives of the Parties on such Documents have the force of handwritten.
16.5. Any notification is considered received by the Party only if the other Party has evidence of its sending (in writing or electronically) on the same day on which it was sent.

17. COMPANY DETAILS

“CONSULTING WITH TRUST” LLC

Legal address:
68001, Odessa region, Chernomorsk, Labor Square, house 3, apartment 10.
Actual address:
68001, Ukraine, Odessa region, Chernomorsk, Transportnaya street 3, Office No. 22
USRPO: 40643653
Bank details:
Account no. UA913288450000026007300151479
in TVBV No.10015 / 0510
branch of the Odessa regional administration “Oschadbank”
MFO 328845