Information and consulting services supply agreement (public offer)
Kyiv City, Ukraine, 2021
Code Space, Limited Liability Company, represented by director Sokolovsky Victor Serhiiovych, acting as per the Company Charter, hereinafter referred to as the – “PROVIDER”, invites any legally capable person to conclude this agreement according to the terms and conditions, specified in it. According to Article 633 of the Civil Code of Ukraine this agreement constitutes a public offer (public agreement), and in case of adoption of its terms and conditions (acceptance) the Customer undertakes to fulfill them in good faith. A failure to agree to the terms and conditions, specified in this agreement, causes an impossibility for the Provider to render services. Registration on the Commited.tech web-site is a fact of unconditional acceptance of this offer.
DEFINITION OF TERMS
Commited.tech is a web-site, that provides its Customers with number of online sessions on different topics and formats (e.g. but not limited – workshops, sessions, interviews, panel discussions, etc.), taking place according to the Schedule, and arranged by the PROVIDER. By default, languages of the sessions is English, if other is not indicated. No translation is provided.
Schedule is a list of sessions defined by topic and speaker, offered by the PROVIDER. The schedule, specified on the official website www.commited.tech, is indicative. The PROVIDER can at its own discretion make any amendments to the schedule, notifying the CUSTOMER of such amendments via the official website www.commited.tech
1. SUBJECT OF THE AGREEMENT
1.1. The PROVIDER undertakes to provide the CUSTOMER with information and consulting services (hereinafter referred to as the services) thru the www.commited.tech website and other resources. Service consists in accessing sessions organized by PROVIDER and is carried out in accordance with the subscription plan, chose by CUSTOMER. The way CUSTOMER can get a service (participate in the session) is indicated on the session’s page.
1.2. The CUSTOMER undertakes to accept all services provided and timely pay for them according to the terms and conditions of this Agreement.
2. TERMS, COST OF SERVICES AND SETTLEMENT PROCEDURE
2.1. The cost and conditions of services, specified on the website www.commited.tech, is valid as of the payment date. The PROVIDER reserves the right to change the cost, notifying the CUSTOMER of it via the website www.commited.tech
2.2. The CUSTOMER shall make 100% advanced payment for information and consulting services unless otherwise agreed
2.3. The CUSTOMER shall make settlements for the services by transfer of an appropriate amount to the PROVIDER’s current account.
2.4. All the payments, made according to this agreement are nonrefundable. In case the PROVIDER will stop to support www.commited.tech and will fail to provide the CUSTOMER with new sessions on regular basis, PROVIDER shall refund CUSTOMER proportionately the time left for his subscription validity.
3. SERVICE PROVISION PROCEDURE AND TERMS
3.1. The services shall be provided through direct participation in the sessions according to the schedule, established by the PROVIDER, over time, specified on the website www.commited.tech
4. OBLIGATIONS OF THE PARTIES
4.1. The PROVIDER’s obligations:
4.1.1. To provide full and complete services of high quality.
4.1.2. To provide the services, engaging qualified providers and according to the Schedule.
4.1.3. To notify the CUSTOMER in a timely manner via the website: www.commited.tech, of any amendments, made to the Schedule, as well as of any changes of the cost of services
4.2. The CUSTOMER’s obligations:
4.2.1. To ensure a turnout for acceptance of the services.
4.2.2. To timely pay for the services.
4.3. The CUSTOMER shall guarantee that all materials and an access to any electronic resources, received during the fulfillment of this agreement, will not be provided/transferred to any third party, will not be copied or otherwise reproduced.
4.5. Each of the Parties shall undertake to ensure confidentiality and to provide any third party with no materials of the Commited.tech, including, but not limited to, the Presentations, video records etc. without prior written concept of the other party, unless such materials are public.
5. DISPUTE SETTLEMENT PROCEDURE
5.1. In case of any disputes arising during the fulfillment of this Agreement by the Parties, they shall take all necessary measures to settle them through negotiations. If it is impossible to settle them through negotiations any interested Party shall file a claim before a court of an appropriate jurisdiction according to the applicable legislation of Ukraine.
6. FORCE MAJEURE
6.1. The parties are relieved from any liability for part or full non-fulfillment of their obligations under this Agreement, if it is caused by such force majeure events as: acts of God, fires, floods, strikes, military actions, pandemic, government regulations or any other events, if they affect performance of this Agreement by the Parties. Force majeure events mean circumstances arising during the term of this Agreement as a result of any events which cannot be predicted and avoided by the Parties.
6.2. The Party, for which conditions, preventing fulfillment of obligation under the agreement owing to any force majeure events, exist, shall immediately notify the other party in writing of such events existence, not later than 10 (ten) days after they arise. Such notification shall include information about the genesis and nature of such circumstances and their possible impact.
6.3. The certificate of the Chamber of Commerce and Industry of Ukraine constitutes proper evidence of force majeure existence.
6.4. In case of any force majeure events the PROVIDER shall take all necessary measures to timely provide full and complete services. That said, it does not need to return any amounts, received from the CUSTOMER, if any services cannot be provided, or in case of any essential change of their quantitative and qualitative characteristics.
6.5. If any force majeure events continue for more than 60 days, each of the Parties shall be entitled to initiate termination of this Agreement.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. Subject to all provisions of this Agreement, Civil Code of Ukraine, Laws of Ukraine “On copyright and related rights”, “On information”, the Parties agree that: – all materials, which will be used in order to perform this Agreement, are protected by copyright. – to all intellectual property items, provided by the PROVIDER during implementation of this Agreement, all and any exclusive property rights, including those specified in Article 424 of the Civil Code of Ukraine, to intellectual property (copyright) items from the date of such items creation are fully owned by their creators.
7.2. The CUSTOMER shall be entitled to use any materials only for the purposes of this Agreement fulfillment. In addition, intellectual property rights to educational materials shall be retained by their creators. No provision of this Agreement shall mean a transfer of any intellectual property rights to informational materials and/or a permit to use such materials for any purposes other than specified by the Agreement, including transfer of them to any third parties
8. TERM OF THE AGREEMENT
8.1. The Agreement shall come into force as soon as the Customer will complete the registration on www.commited.tech and shall be valid until the Parties fully fulfill their obligations.
8.2. The PROVIDER may unilaterally terminate this Agreement and cease the service provision if: – the CUSTOMER fails to fulfill its obligations under this Agreement, including in case of violation of the payment terms, specified in Clause 2.2 of this Agreement; – the CUSTOMER violates the PROVIDER’s internal code of conduct; – the CUSTOMER fails to present itself to accept the services, provided for by this Agreement; – any moral and ethical norms are violated during service provision by the PROVIDER; – the CUSTOMER refuses to accept the services. If the Agreement is terminated owing to any above mentioned circumstances, no payment, made by the CUSTOMER under this Agreement, shall be returned.
8.3. This Agreement may be terminated earlier upon the Parties’ agreement or by the Commercial Court decision.
9. FINAL PROVISIONS
9.1. By accepting of this Agreement, the CUSTOMER provides the PROVIDER with the right to collect, process and keep its personal data, communicated to the PROVIDER via the website: www.commited.tech, or in any other manner, according to the procedure, provided for by the Law of Ukraine “On personal data protection”, as well as provides the right to include its personal data in the unified electronic database of Commited.tech members and share it with the Commited.tech partners (sponsors).
10. Particulars of the provider
Code Space LLC
38 Turhenivska St., suite 102/1, Kyiv City
Telephone: +38 096 631 62 57
Email for communication under this agreement: firstname.lastname@example.org
a/c 26003056218318 at PJSC CB “PRIVAT BANK”, Kyiv City,
Bank code 380269 USREOU code 40779812
Director V.S. Sokolovsky