Public contract (tender)

on the provision of services

Natural person – entrepreneur MUKASIEIEVA NATALIIA SERHIIVNA, registered in accordance with the requirements of the legislation of Ukraine in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations on 27.04.2016 under No. 2 404 000 0000 027456, location: 79011, Lviv region, Lviv, str. Tyutyunykiv, building 28, quarter 33, RNOKPP: 2915612880, hereinafter referred to as “EXECUTOR“, offers to an unlimited number of persons (legal or natural person, individual entrepreneur), hereinafter referred to as “CUSTOMER“, to provide information and consulting services on the terms of this Public contract (offer), hereinafter referred to as the “Contract”, set out below:

1. GENERAL PROVISIONS:

1.1. This Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all Customers, regardless of their status (legal entity, natural person, natural person-entrepreneur).

The Agreement is publicly brought to the attention of all Customers by publishing it on the Contractor’s website on the Internet at https://info.abacusarithmetic.com  (hereinafter – the “Site”).

1.2. This Agreement is concluded by the Customer providing full and unconditional consent (acceptance) to its conclusion without signing a separate written copy of the Agreement by the Parties.

1.3. The customer confirms the fact of familiarization with and agreement with all the terms of this Agreement in full by accepting it.

1.4. Actions that testify to the full and unconditional agreement of the Customer with all the terms of this Agreement, i.e. acceptance of the Agreement, are: registration of the Customer on the “Abacus Arithmetic” Portal located on the Internet at the address: https://abacusarithmetic.com  (hereinafter – “Portal ») and/or payment (in full or in part) of the Contractor’s Services under the conditions and in the manner specified by this Agreement.

1.5. The customer cannot offer his own terms of the Agreement.

1.6. By accepting (accepting) this Agreement, the Customer confirms that:

1.6.1. has the required amount of civil capacity;

1.6.2. has all the necessary rights, permits and other documents of a permissive nature provided for by the current legislation of Ukraine to conclude this type of transaction;

1.6.3.at the time of concluding this Agreement, is not bound by any obligations and is unaware of any circumstances that prevent it from properly fulfilling the obligations specified in this Agreement;

1.6.4. his expression of will is free and corresponds to his inner will;

1.6.5. is ready to observe and fulfill all the terms of this Agreement;

1.6.6. does not intend to carry out any actions that would harm the business reputation of the Contractor and/or third parties connected by contractual relations with the Contractor, or contradict the legislation of Ukraine, international norms and customs of business turnover;

1.6.7. his actions are aimed at obtaining the Services and do not contain malicious intent, fraudulent intentions, attempts to gain unauthorized access to information that is the property of the Contractor;

1.6.8. personal information provided by him to the Contractor is true, complete and up-to-date.

1.7. If the Customer does not agree with any of the terms of this Agreement or with the Agreement as a whole, he has no right to accept the Agreement and use the Services of the Contractor under this Agreement.

2. SUBJECT OF THE AGREEMENT

2.1. Under this Agreement, the Contractor undertakes to provide the Customer with information and consulting services (hereinafter referred to as “Services”) by providing the Customer with access to the Portal, and the Customer undertakes to pay for and accept such Services.

The list of Services, the order and terms of their provision by the Contractor are indicated on the Contractor’s Website.

2.2. The services provided by the Contractor under this Agreement do not relate to educational or teaching activities within the meaning of the Law of Ukraine “On Education” and do not require licensing.

2.3. The Contractor provides the Services remotely (online) by using telecommunication means of communication and technologies for information exchange.

2.4. Drawing up and signing by the Parties of the Act of delivery and acceptance of the provided services to confirm the fact of providing services under this Agreement is not required.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. Rights and obligations of the Executor.

3.1.1. The performer undertakes:

3.1.1.1. Organize and ensure the proper provision of Services in accordance with the proposals and descriptions provided on the Site.

3.1.1.2. Publish on the Site information about changes to the terms of providing Services, as well as changes to bank details.

3.1.1.3. To use all personal data and confidential information about the Customer only for the provision of Services, not to transfer or show information about the Customer to third parties.

3.1.2. The performer has the right to:

3.1.2.1. Engage third parties for the performance of this Agreement, while remaining responsible to the Customer for the quality of the Services provided.

3.1.2.2. Make changes and additions to the Agreement by publishing them on the Site without prior agreement with the Customer.

3.1.2.3. Terminate the provision of Services to the Customer in case of violation by the Customer of the terms and order of payment for the Services, other conditions of this Agreement, as well as in cases provided by the current legislation.

3.2. Rights and obligations of the Customer:

3.2.1. The customer undertakes:

3.2.1.1. Familiarize yourself with the information about the Services and the Portal User Agreement  posted on the Contractor’s Website. 

3.2.1.2. Pay for the Contractor’s Services in the manner and on the terms stipulated in this Agreement.

3.2.1.3. To comply with the procedure for the provision of Services by the Contractor, to comply with the instructions of the Contractor and the Portal User Agreement, which is an integral part of this Agreement.є

3.2.1.4. Monitor changes to information and this Agreement published on the Contractor’s Website.The Customer does not have the right to submit claims to the Contractor in case of late or non-reading of such information. The customer assumes full responsibility for the consequences of late reading or not reading the information posted for him on the Contractor’s website.

3.2.1.5. Not to license, sublicense, transfer or otherwise disclose any confidential information received from the Contractor to third parties, except as expressly provided for in this Agreement.

3.2.2. The customer has the right to:

3.2.2.1. Require the Contractor to provide Services in accordance with the terms of this Agreement, proposals and descriptions provided on the Contractor’s Website

3.2.2.2. Unilaterally refuse the Services of the Contractor in the manner and under the conditions specified in this Agreement.

4. PROCEDURE AND TERMS OF CALCULATIONS

4.1. The cost (price) of the Services under this Agreement is determined in accordance with the tariff chosen by the Customer, information about which is indicated on the Contractor’s Website. The contractor reserves the right to change the set prices in the event of a change in the level of inflation, the exchange rate against the hryvnia, or in other significant circumstances.

The cost of the Services is additionally displayed in the Customer’s personal Account on the Portal.

4.2. The Customer pays the Contractor the cost of the Services provided under this Agreement by transferring funds to the Contractor in accordance with the details provided to the Customer. Payment of all bank fees is carried out at the expense of the Customer.

4.3. Services are considered paid by the Customer from the moment the Contractor receives confirmation from the bank that the entire amount of payment has been transferred to the Contractor’s current account.

4.4. The customer cannot demand a reduction in the cost of the Services or a refund if he has not used the Services.

4.5. If the Customer is in arrears for payments for the Services provided, it is grounds for suspending the provision of Services and blocking access to the Portal.

5. LIABILITY OF THE PARTIES

5.1. The Executor and the Customer are responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the legislation of Ukraine.

5.2. In case of failure to notify the Contractor about changes to personal and registration data or loss of access to them (for example, changes in contact phone number, e-mail), responsibility for the consequences of such changes rests with the Customer.

5.3. The Contractor is not responsible for achieving results related to the practical application of information obtained in the process of providing the Services provided by this Agreement by the Contractor.

5.4. The Contractor is not responsible for the impossibility or low-quality provision of the service due to the Customer’s lack of necessary software or technical problems with the Internet.

5.5. The Contractor’s liability under this Agreement to the Customer in the event of the latter’s claims for compensation for damages due to the Contractor’s non-provision or provision of Services of inadequate quality is limited to the amount of the Customer’s documented losses within the price paid by him for the Services.

5.6. All disputes and controversies that may arise in connection with this Agreement shall be settled through negotiations between the Parties. In case of failure to reach an agreement between the Parties through negotiations, the dispute is referred to the court. When resolving disputes, the Parties are governed by the substantive and procedural law of Ukraine.

6. FORCE MAJEURE CIRCUMSTANCES

6.1. The Parties are not responsible for non-fulfillment of any of their obligations, if they prove that such non-fulfilment was caused by force majeure circumstances, that is, events or circumstances beyond the control of the Parties, occurred after the conclusion of this Agreement and have an unforeseen and unavoidable nature.

6.2. Force majeure circumstances include, in particular, but not exclusively, natural disasters, strikes, fires, floods, explosions, wars (both declared and undeclared), riots, damage to the Internet and telecommunications networks caused by accidents or adverse weather conditions, embargoes, disasters, restrictions imposed by state authorities, if these circumstances directly affected the performance of this Agreement.

6.3. The Party for which it became impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party about the occurrence of the above-mentioned circumstances, and also provide the other Party with confirmation of such circumstances within 30 (thirty) calendar days. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.

6.4. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other Party in writing. Despite the occurrence of force majeure circumstances, before terminating this Agreement as a result of such circumstances, the Parties shall make final mutual settlements.

7. DURATION OF THE AGREEMENTє

7.1. This Agreement is considered concluded and enters into force from the moment of its acceptance by the Customer and is valid until the Parties fully fulfill their obligations under it or until the moment of its termination.

7.2. The Contractor has the right to make changes to the Agreement at any time. If the Contractor makes changes to the Agreement, such changes shall enter into force from the moment they are posted on the Contractor’s Website.

7.3. The contract may be prematurely terminated:

• by agreement of the Parties at any time;

• at the initiative of any Party in case of violation by the other Party of the terms of the Agreement with the sending of a written notice to the other Party. In such a case, the Agreement is considered terminated from the moment the Party that violated the terms of the Agreement receives a corresponding written notice from the other Party;

• at the initiative of any of the Parties, provided that a written notice is sent to the other Party 10 (ten) calendar days before the date of such termination of the Agreement;

• in other cases provided for by the legislation of Ukraine.

8. PERSONAL DATA AND CONFIDENTIALITY

8.1. The Customer grants the Contractor permission to collect, process, store and use personal data for the purpose of cooperation and fulfillment of the terms of this Agreement, keeping the Contractor’s accounting records, settling other issues that arise or may arise in connection with the performance of this Agreement by the Parties. By personal data, the Parties understand any information that relates to the Customer as a subject of personal data, including the surname, first name, patronymic, and any other information about the Customer that will be provided to them. The content of the Customer’s rights as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” is known and understood by the Customer.

The procedure for collecting, processing, storing and using the Customer’s personal data is carried out on the basis of the Privacy Policy, which is an integral part of this Agreement and is posted on the Contractor’s website.

8.2. The parties have agreed that any materials and information related to this Agreement, as well as information obtained as a result of or in connection with this Agreement and / or Services are confidential and may not be transferred to third parties without prior written consent of the other Party.

Exceptions are cases when the transfer of confidential information is related to obtaining official permits, other documents for the execution of this Agreement, or payment of taxes, other mandatory payments, any other cases, when without its transfer it would become impossible to perform this Agreement any – which of the Parties, or if the provision of confidential information is mandatory according to the legislation of Ukraine.

9. OTHER TERMS

9.1. The parties understand and acknowledge that the inconsistency of the result of the provision of the Service with the result that the Customer expected and desired to receive when applying for the provision of the corresponding Service is not a fact of the provision of such Service of inadequate quality.

9.2. This Agreement is governed and interpreted in accordance with the legislation of Ukraine. In cases not provided for in this Agreement, the parties are governed by the legislation of Ukraine.

9.3. The text of this Agreement is presented in Ukrainian and English. In case of discrepancies between the Ukrainian and English texts, the text of the Agreement in Ukrainian shall prevail.

10. DETAILS OF THE PERFORMER

Natural person-entrepreneur MUKASIEIEVA NATALIIA SERHIIVNA

Location: Ukraine, 79011, Lviv region, Lviv, str. Tyutyunykiv, building 28, quarter 33

RNOKPP: 2915612880

Email address: abacusarithmetic1@gmail.com 

Account: UA893220010000026002330052174 in PJSC UNIVERSAL BANK, MFO 322001.