Offer Agreement

1. Terms and Definitions

2. General Provisions

• 2.1. These Terms in accordance with Art. 435, 437 of the Civil Code of Ukraine are a public offer (offer) of the Contractor to individuals and legal entities containing the essential terms of the contract for the provision of Services and the provision of the Service and is an accession agreement.
• 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 website, as well as other actions confirming the person’s intention to use the Service and / or Services (Installation, actual use Service, etc.).
• 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 ability to receive and transmit 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 in working with software and hardware.
• 2.5. The Service and Services are provided on the conditions specified in this Agreement (the Offer Agreement), the current version of which is freely available on the Internet at http://www.itdeps.om/oferta. The service is provided on an “as is” and “as provided” basis and may contain errors or inaccuracies. The Contractor does not provide any other guarantees not expressly specified in this Agreement.
• 2.6. The Contractor has the right to amend or supplement this Agreement at any time, both with the notification of the Clients and without it. The current edition is always on the Contractor’s website at http://www.itdeps.om/oferta.

3. Cost of Services and settlement procedure

• 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 by transferring funds to the Contractor’s current account.
• 3.4. The date of the provision of the Services by the Contractor is the date of connection and / or extension for a certain period of additional functionality of the Service (Services).

4.The procedure for using the Service and the provision of Services

• 4.1. The Contractor provides the Client with the term of the Agreement that is not exclusive, not subject to transfer or alienation in any form, having a limited validity period of the right of access to the Service exclusively for the Client’s business operations, provided that these do not include the leasing of the Service.
• 4.2.Client access to the Service is carried out on the Internet by entering Client Authentication data at the Service address. In the event that the Client creates more than one Account, the Contractor reserves the right to delete the Accounts created by the Client and / or refuse to use the Service to the Client without prior notice to the Client.
• 4.3.The service is provided to the Client free of charge. The provision of the Service is carried out after depositing funds to the account of the Contractor. The Customer’s obligations to pay for the Service are considered fulfilled from the moment of receipt of funds to the Contractor’s current account.
• 4.4. Upon the expiration of the paid period for which the Services were connected, in case the Customer fails to pay them for the new period in the manner provided for in clause 4.3 of this Agreement, the Contractor disconnects the services provided.
• 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 working days from the date of the provision of the Services (connecting for a specified period of additional functionality of the Service, in accordance with the Price List and the terms of this offer), the Contractor draws up a unilateral Act on the Services provided in accordance with the cost of the Services provided.
  • 4.6.2. Services are deemed to be provided by the Contractor appropriately and accepted by the Client to the extent specified in the Act if, within five business 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. Services are considered provided without comment, the Act is signed unilaterally.
• 4.7. The costs, including the bank commission, for the transfer of funds by the Client under this Agreement are borne by the Client.

5. Terms of Service

• 5.1. Registration for the provision of 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). The Customer's responsibility includes checking email and information posted on the Service website.
• 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.
• 5.3. 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.
• 5.4. When using the Service, any actions aimed at gaining 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. The Client agrees not to carry out any activity that interferes with the provision of the Service (or the operation of the corresponding servers or networks that are associated with the Service) or violates its provision.
• 5.5.The Client agrees not to reproduce, duplicate, copy, sell, trade or resell the Service for any purpose, unless such actions were expressly permitted by a separate written agreement with the Contractor.
• 5.6.It is forbidden to send "spam" and other messages through resources that do not belong to the Contractor, if the message contains coordinates (website address, email, agents, etc.) supported by the Contractor and interacting with the Service.
• 5.7. Use of the Service should be carried out by the Client only for legitimate purposes and in legal ways, taking into account the laws of Ukraine, the European Union and the USA.
• 5.8. The Customer is prohibited from using the Service to carry out illegal actions, such as DDOS attacks, anonymous access, mass mailing of electronic messages.
• 5.9. For the content of information nodes created and maintained by the Client, the Client himself is responsible. The Contractor does not exercise 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.
• 5.10. 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, racial, religious, ethnic grounds, etc.
• 5.11. It is forbidden to post and disseminate any information or software that can be used only to hack into computer systems or contains computer viruses or other components equated to them.
• 5.12. It is forbidden to post so-called “doorways” and other forms of search spam.
• 5.13. The Client agrees not to damage the software shell, hardware and software, the host machines of the Contractor and third parties.
• 5.14. The Client agrees to comply with the exclusive and copyright rights to the software and documentation provided by the Contractor and / or third parties.

6. Rights and obligations of the contractor

• 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 99% 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. 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 for 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 the 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 from the above reasons .
  • 6.2.3. Make changes and additions to the terms of this agreement and the 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 this 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 the 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. Responsibility of the Parties

• 7.1. For all issues 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 of his actions and / or inaction, whether intentional or unintentional, as well as for any actions and / or inaction committed using his credentials, as well as for any damage caused by the above actions and / or inaction of the Contractor , to third parties and the moral principles 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 responsible 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 paid, but not rendered Services. The Contractor does not bear financial responsibility to the Client and does not return to the Client the funds 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 administration, 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. Duration of the Agreement and the procedure for its termination

• 8.1. This Agreement is concluded for a period of 1 (one) year, in the absence of notification by either of the parties of its termination within 10 (ten) business days before its termination, the Agreement is annually considered extended for the same period, under the same conditions.
• 8.2. The agreement may be terminated:
  • 8.2.1 by the Client at any time with prior notice to the Contractor at least 10 (ten) business days prior to the termination. In case of termination of the Agreement at the initiative of the Client for reasons not related to violation by the Contractor of the terms of this Agreement, funds for the paid period will not be returned to the Client.
  • 8.2.2 The Contractor at any time with prior notification of the Customer at least 10 (ten) business days before the termination, and in case of violation of the terms of this Agreement without warning on the day the fact of such a violation is established.
  • 8.2.3 By agreement of the Parties at any time.

9. Trademarks

10. Other conditions

• 10.1. The Contractor has the right, if necessary, to attract third parties having the appropriate licenses to provide the Services and ensure the operation of the Service.
• 10.2. The name and numbering of the articles of this offer are given for ease of reading and do not matter when interpreting these terms of the Agreement.
• 10.3. If any clause of these terms of the Agreement 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 of the Agreement continues to be fully implemented.
• 10.4. In the event that 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 the requested information regarding the Service used by the Client, to assist the Contractor in the settlement of such claims and claims, as well as to compensate all losses incurred by the Contractor as a result of the presentation of such claims, claims, orders.