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Individual Entrepreneur Gavrilenko Maksim Sergeevich, acting on the basis of State Registration Certificate No. 2 103 000 0000 079103 of March 13, 2014, hereinafter referred to as the “EXECUTOR”, on the one hand, publishes these Terms, which are a public offer (offer) for providing the Services and / or providing access to the Service (site) on the Internet and other related services.
For the purposes of this Offer Agreement, the following terms are used in the following meanings:
2.1. These Terms in accordance with Art. 435 of the Civil Code of Ukraine is a public offer (offer) of the Contractor to individuals and legal entities containing the essential terms of the contract for the provision of the Services and the use of the Service.
2.2. The full and unconditional acceptance of this offer is any action to fulfill the conditions specified in this offer, including payment for the Services, registration as a Client on the Service’s website, and other actions confirming the person’s intentions to use the Service and / or Services.
2.3. From the moment of acceptance, the Client is considered to have read and agreed to this offer and in accordance with the Civil Code of Ukraine is considered to have entered into a contractual relationship with the Contractor in accordance with these Terms.
2.4. The Contractor’s obligations are limited by the terms of this offer, in particular, the Contractor’s obligations do not include the provision of services to the Client to provide access to the Internet. The Client provides access to the Internet at his own expense. The Contractor also does not provide the possibility of receiving and transmitting electronic messages by the Client at the Contractor's office; settings and / or diagnostics of computer equipment and software, as well as training the Client and / or the Client’s employees to work with software and hardware.
2.5. The services are provided on the conditions specified in the “Offer-Offer” document (this document) posted freely on the Internet at https://staff-base.net/en/oferta.html
2.6. The Contractor has the right to amend or supplement these Terms at any time, with or without notice to the Clients. The current edition is always on the Contractor’s website at https://staff-base.net/en/oferta.html
3.1. The cost of the Services is determined in accordance with the Price List
3.2. The Contractor has the right at any time to unilaterally change the Price List.
3.3. Services are paid by the Client on a prepayment basis, and the method for making a prepayment of the Services is determined by the Client independently from among the options offered on the Service website
3.4. The date of the provision of the Services by the Contractor is the date of connection (extension) for a specified period of additional functionality of the Service
4.1. The Contractor provides the Client with a contract for the duration of the contract that is not exclusive, not subject to transfer or alienation in any form, with a limited validity period, the right of access to the Service exclusively for the client’s business operations, provided that they do not include the rental of the Service.
4.2. Client access to the Service is carried out on the Internet by entering Client Authentication data at the address of the Service
4.3. The provision of services is carried out after depositing funds to the account of the Contractor.
4.4. Upon the expiration of the period for which the additional functionality of the Service was connected, the Contractor disables the additional functionality of the Service.
4.5. The reporting period for the provision of Services is set in the Price List
4.6. Acceptance of services is carried out in the following order:
4.6.1. Within five business days from the date of the provision of the Services (connecting for a certain period of time the additional functionality of the Service, in accordance with the price list and conditions of this offer), the Contractor draws up a unilateral Act on the services rendered in accordance with the cost of the services rendered.
4.6.2. Services are considered to be provided by the Contractor properly and accepted by the Client to the extent specified in the Act if, within five working days from the date of issuing the Act, the Contractor has not received motivated written objections from the Client.
After the expiration of the period specified above (five business days), the Client’s claims regarding the shortcomings of the Services, including the quantity (volume), cost and quality are not accepted.
4.7. The costs, including the bank commission, for the transfer of funds by the Customer under this Agreement to the Customer.
5.1. Registration in the Service is carried out by the Client independently by indicating their credentials. The elements that identify the Customer in the Service are the email address and password specified during registration (credentials).
5.2. The email address and password used by the Client to access the Service are not restored by the Contractor. Password recovery is carried out by the Client independently.
5.4. The client is fully responsible for actions and / or inaction that led to disclosure, loss, theft, etc. his credentials and other information that individualizes the Client, as well as for any actions and / or inaction of third parties using the credentials of the Client. The Contractor is not responsible for the above actions of the Client and / or third parties using his credentials.
5.5. When using the Service, any actions aimed at obtaining unauthorized access to the resources of the Contractor’s server, personal credentials and other data of other clients, as well as any other data accessible via the Internet are prohibited.
5.6. When using the Service, the Client is prohibited from mass mailing of electronic messages of a commercial, advertising or other nature that are not agreed (not requested) by the recipient of information by e-mail or to teleconference groups through the Contractor's technical resources ("spam"). It is not considered as "spam" distribution of information with the consent of the recipient, if possible, unsubscribe. Electronic messages are understood as messages of electronic mail, ICQ and other similar means of personal exchange of information.p>
5.7. It is forbidden to send "spam" through resources that do not belong to the Contractor, if the message contains coordinates (website address, email, etc.) supported by the Contractor.
5.8.1. Use of the service should be carried out by the Client only for legitimate purposes and in legal ways, taking into account the legislation of Ukraine.
5.8.2. The content of the information nodes created and maintained by the Client is the responsibility of the Client himself. The Contractor does not carry out preliminary control over the content of the information posted and / or distributed by the Client, however, when the placement and dissemination of such information is contrary to law, the Contractor has the right to block or delete the relevant resources without warning (in case of serious violations).
5.8.3. It is forbidden to post and disseminate photo and video materials of a pornographic, vulgar, violent nature, as well as any materials in violation of copyright or legislation, in particular, calls for violence, the overthrow of the existing government, discrimination on the basis of sex, race, religion, nationality, etc.
5.8.4. It is forbidden to post and disseminate any information or software that can only be used to hack into computer systems or contains computer viruses or other components equated to them.
5.8.5. It is forbidden to post so-called “doorways” and other forms of search spam.
5.8.6. The Client agrees not to damage the software shell, hardware and software, the host machines of the Contractor and third parties.
5.8.7. The Client agrees to comply with the copyrights to the software and documentation provided by the Contractor and / or third parties.
6.1. The Contractor undertakes:
6.1.1. Ensure the operation of the Service, in accordance with these Terms, around the clock 7 days a week, including weekends and holidays (the service should be available at least 90% of the time per month), except as otherwise provided in this Agreement.
6.1.2. Keep records of payment for services by the Customer.
6.1.3. Maintain confidentiality of Client credentials. The Contractor has access to the Client’s information for the technical support of the Service, and also has the right to access such information in cases of claims from third parties regarding illegal and / or malicious, as well as other actions of the Client that harm the Contractor and / or the third persons. The Contractor has the right to report the above data only to the competent state authorities in cases provided for by the current legislation of Ukraine.
Backing up Customer data in order to prevent loss of information is not a violation of the confidentiality of Customer information.
6.2. The Contractor has the right:
6.2.1. Suspend the work of the Service to carry out the necessary scheduled preventive and repair work on the technical resources of the Contractor, as well as unscheduled work in emergency situations.
6.2.2. Interrupt the Service, if, in particular, due to the inability to use information and transport channels that are not the Contractor's own resources, or the action and / or inaction of third parties, if this directly affects the operation of the Service, including in an emergency. The Contractor does not bear any responsibility to the Client and does not reimburse the Client for any losses and / or lost profits, including incurred by the Client and / or third parties due to disclosure, loss by the Client or theft of the Client’s credentials, as well as arising or likely to arise from the Client due to delays, interruptions in work and the inability to fully utilize the resources and services of the Contractor arising for the above reasons .
6.2.3. To make changes and additions to these Terms and Price List by publishing these changes and additions on the Service website.
6.2.5. The Contractor has the right to update the content, functionality and user interface of the Service at any time in its sole discretion.
6.2.6. After 1 (one) calendar month from the date of termination or termination of the Agreement, the Contractor has the right to delete all customer data from the Service without the possibility of recovery and is released from any obligations related to Customer Data.
6.2.7. The Contractor has the right to refer to the Client as a user of the Service and / or Services, in any form and on any medium (including on the Service website and any other sites and / or in the Contractor’s advertising materials).
7.1. For all matters not regulated by this offer, as well as when resolving disputes arising in the course of its execution, the Parties are guided by the current legislation of Ukraine.
7.2. The Client is responsible for any actions and / or inaction, whether intentional or unintentional, as well as for any actions and / or inaction of persons using his credentials related to the placement and / or dissemination of information on the Internet, obtained through the use of the Contractor’s resources access to the resources of third parties that entailed and / or may result in a violation of any legislation of Ukraine, as well as for any damage caused by the above actions and / or inaction of the Contractor, a third party and the moral foundations of society. The Contractor is not responsible for such actions and / or inaction of the Client or persons using his credentials, as well as the consequences of such actions and / or inaction.
7.3. The Client is liable for any illegal actions and / or inaction of the Client and / or persons using his credentials that caused any harm to the Contractor, including loss of business reputation, and compensates the Contractor for losses.
7.4. The Contractor is liable to the Client only within the limits of the Services paid but not provided. The Contractor does not bear financial responsibility to the Client and does not return to the Client the money paid under this agreement if the Services were not rendered due to the fault of the Client, in particular, due to a violation of these Terms.
7.5. In the event that the proper fulfillment by the parties of these Terms is impossible due to objective reasons that the Parties could neither have foreseen nor prevented (natural disasters, changes in the current legislation of Ukraine, actions of state authorities and administrations, military operations of all kinds, etc.), neither party has the right to demand from the other party compensation for losses caused by improper performance or non-performance of this agreement (including lost profits).
8.1 The contract may be terminated:
8.1.1 by the Client at any time with prior notification of the Contractor at least 10 (ten) business days before the termination;
8.1.2 by the Contractor at any time with prior notice to the Customer at least 10 (ten) business days prior to the termination;
8.1.3 by agreement of the Parties at any time;
8.1.4 At the initiative of either Party in case of violation by the other Party of the terms of the Agreement with written notification to the other Party at least 10 (ten) business days before the termination of the Agreement;
9.1. The Contractor has the right, if necessary, to attract third parties with the appropriate licenses to provide the Services and ensure the operation of the Service.
9.2. The name and numbering of the articles of this offer are given for ease of reading and do not matter when interpreting these Terms.
9.3. If any clause of these Terms is not literally enforceable, it shall be interpreted in accordance with the current legislation of Ukraine taking into account the initial interests of the Parties, while the remaining part of the Terms continues to be fully implemented.
9.4. If the Client’s action was the basis for the submission to the Contractor of claims, claims of third parties and / or orders for the payment of penalties by state authorities in connection with a violation of the rights of third parties and / or legislation, the Client undertakes to immediately provide him with all requested information regarding the placement and content of materials used in the Service, to assist the Contractor in the settlement of such claims and claims, as well as to compensate for all losses incurred s to the Contractor as a result of the presentation of such claims, claims, orders.
9.5. All disputes arising are resolved in court at the location of the Contractor.