This offer is addressed to any person (hereinafter referred to as the Customer) and is a public offer of the Contractor to enter into a contract for the provision of services posted on the Internet at https://onlineinyou.com.ua, which will accept this offer under the following conditions:
DEFINITION OF TERMS
For the purposes of this agreement, the terms are used in the following meanings:
Acceptance is full, unconditional, unconditional acceptance by the Customer of the terms of this Agreement without any exceptions and/or limitations and is equivalent to the conclusion of a bilateral written Agreement.
The Customer is a person who has concluded the Acceptance of the terms of this Agreement and becomes the Customer of the Contractor’s services under the concluded agreement. The customer can be any legally capable natural person who has reached the age of 18, and a legal entity that aims to receive the services of the Contractor in the order and in accordance with the terms of this Agreement.
The executor is Horstka Valentina FOP and persons (entities of business activity) who have the right to provide the services provided for in this Public Contract (offer). The name of the Contractor is indicated in the invoice or other documents for payment of Services.
The service is the provision by the Contractor of the organization of live broadcasting, audio and video recording, the provision of equipment and premises for rent.
The full list and other conditions of placement are available on the website https://onlineinyou.com.ua.
The site is a collection of data, electronic (digital) information, other objects of copyright and (or) related rights, etc., interconnected and structured within the address https://onlineinyou.com.ua, access to which is carried out through the specified Internet address.
A personal link is a personal record of the address of the site or its part (Web page), formalized in accordance with Internet standards, which allows the Customer to access the Site on the Internet.
All other terms and definitions found in the text of the Agreement are interpreted by the Parties in accordance with this Agreement, and in the absence of their interpretation, in accordance with the current legislation of Ukraine.
SUBSTANTIVE PROVISIONS
The contract is concluded between the Contractor and the Customer of services in the form of an accession contract.
This Agreement is a public agreement (hereinafter referred to as the Agreement), which is considered concluded between the Contractor, on the one hand, and the Customer, on the other, from the moment of Acceptance by the latter, without exception to the terms and conditions of this Agreement.
In accordance with the procedure and conditions specified in this Agreement, the Contractor undertakes to provide the Customer with services, and the Customer undertakes to accept and pay for the services rendered.
Acceptance of this Agreement by the Customer is an action that indicates agreement to comply with the terms of this Agreement.
The Customer accepts the Agreement after reviewing its terms and conditions posted on the Site by collectively or individually fulfilling any of the following conditions:
Filling out by the Customer an application for communication and service provision;
Payment by the Customer of the service in part or in full;
The list and cost of services are posted on the Site.
COST OF SERVICES AND CALCULATION PROCEDURE
The Service depends on the selected type/package of Services and is indicated on the Contractor’s Website or indicated in the invoice for payment, which is sent to the Customer after filling out the Application and upon prior agreement on the date, time, place, duration of the online broadcast, and the amount of necessary equipment.
The customer pays for the services according to the previous agreement.
Payment for Services by the Contractor means familiarization and full agreement of the Customer with the terms of this Agreement.
Payment for Services is made by transferring funds to the current account of the Contractor. The selected payment methods can be stipulated before issuing the invoice for payment, which is sent to the Customer after prior agreement on the selected Service/package of Services, date, place, time duration.
The service is considered paid from the moment funds are credited to the current account of the Contractor.
In the case of payment for the Services in installments and failure to pay any part of the payment within the stipulated period, the Contractor has the right to refuse to provide the Customer with the recorded material (audio, video recording).
TERMS OF PROVISION OF SERVICES
To receive the services of the Contractor, the Customer fills out the Application for the provision of services on the website.
In confirmation of the Application, the Contractor sends the Customer an invoice for payment of the Services (Selected Service/ package of Services according to prior agreement) by e-mail or in another way.
The Customer pays for the Services (Selected Service/package of Services by prior agreement) in one of the pre-selected ways, after which he notifies the Contractor by providing documents confirming the payment in the way specified in the payment invoice.
After the Contractor receives confirmation of payment, the latter begins to provide services in accordance with the previous agreement.
Inciting international conflicts, humiliating other participants, obscene expressions and other behavior that violates moral and ethical norms and requirements of current legislation is prohibited during online broadcasts. The performer has the right to interrupt/end the online broadcast without returning the received payment in case of violation of the above rules. Rules for calculating the time used: the minimum time for an order is 2 hours (all delays in starting on the part of the customer are counted as working time). The Contractor uses the free hour of preparation at their own discretion, but guarantees that they will start at the time booked by the Customer. A delay of more than 10 minutes will be counted as the next hour, for example, 2 hours 10 minutes = 2 hours, 2 hours 11 minutes = 3 hours, and so on. The Contractor is responsible only for the operation of its equipment and only for the work of its personnel. The Contractor shall not be liable in any way for the incorrect/unstable operation of equipment installed by another organization, possible radio frequency interference and static electricity, negligence of personnel/organizers at the venue, interruptions in the operation of the Internet channel/220V network.
RIGHTS AND OBLIGATIONS OF THE CUSTOMER
The customer has the right to:
Receive Services under the terms of this Agreement.
To receive from the Contractor information about the services provided, the terms of their provision by phone numbers specified on the Site, or by sending a corresponding request to e-mail or through other forms of communication indicated on the Site.
Under the terms of the specified contract, in agreement with the Contractor, the Customer may postpone the receipt of the Service to the next date of its provision, agreed by the Parties. In case of rescheduling the date of the service provided, an additional payment of UAH 600 is made on the day of its performance.
The customer enjoys all the rights of the consumer in accordance with the current legislation of Ukraine, which regulates these legal relations.
The customer undertakes:
Pay for the Services in full in accordance with the terms and conditions stipulated in this Agreement.
Provide information about the date, time, duration and place of the event in advance for the proper provision of services by the Contractor. The customer is responsible for the reliability of such information.
The customer is prohibited from:
Allow the dissemination of unreliable, false information, information that disgraces the honor, dignity, business reputation of the Performer and other persons, as well as information that incites and calls for international, ethnic, sexual, racial intolerance, enmity, war, changes in the state system of countries, information, the distribution of which is prohibited by the current legislation of Ukraine and the norms of international law, depending on the territory of service provision.
RIGHTS AND OBLIGATIONS OF THE PERFORMER
The executor has the right to:
Independently determine the forms and methods of providing Services, taking into account the requirements of the current legislation of Ukraine and the terms of the Agreement.
Unilaterally determine the cost of the Services.
Independently involve third parties in the provision of Services.
To receive from the Customer any information necessary to fulfill its obligations under the Agreement. In case of failure to provide information, incomplete or incorrect information submission, the Contractor has the right to suspend the provision of Services under the Agreement until the Customer submits such information.
Refuse to provide Services without refund of paid funds in the following cases:
Provision of inaccurate information by the Customer.
The Customer’s non-compliance with payment terms and procedures
In case of allowing the spread of unreliable, false information, information that disgraces the honor, dignity, business reputation of the Performer and other persons, as well as information that incites and calls for international, ethnic, sexual, racial intolerance, enmity, war, changes in the state system countries, information, the distribution of which is prohibited by the current legislation of Ukraine and norms of international law, depending on the territory of service provision.
Mass mailing of informational messages (including advertising) to the Customer’s e-mail address. At the same time, such messages must contain a link to opt out of the newsletter, which allows the Customer to independently refuse to receive the newsletter.
Unilaterally make changes to the terms of the Agreement by posting a new version of the Agreement on the Site.
The performer undertakes:
Provide Services of appropriate quality in the manner and under the conditions provided for in this Agreement.
Store information and data (including personal data) received from the Customer in fulfillment of the terms of this Agreement.
Provide the Customer with information about the services provided and the terms of their provision.
RESPONSIBILITIES OF THE PARTIES
In case of non-fulfilment or improper fulfillment of the obligations established by the Agreement, the Parties shall bear responsibility in accordance with the legislation of Ukraine and the provisions of the Agreement.
The Contractor is not responsible for the Customer not receiving services under this Agreement in the event of:
Providing inaccurate information by the Customer regarding the date, time and place of the event.
The Customer cannot receive the Services for reasons beyond the control of the Contractor, in particular, in the absence of an Internet connection at the venue of the event, lack of 220V.
For other reasons not specified earlier, affecting the provision of the service and its quality.
The Contractor is not responsible for non-compliance of the content of the Service with the Customer’s expectations and/or his subjective assessment. Such a discrepancy with expectations and/or a negative subjective assessment is not a reason to consider the services provided to be of poor quality or not in the agreed amount.
The customer is independently responsible for any consequences, including the expected results from the received Service.
All disputes between the Parties are considered through negotiations, taking into account the settlement of the conflict with maximum consideration of the interests of the Customer and the Contractor.
In the event that the Parties cannot reach an agreement on disputed issues through negotiations, such disputes shall be referred to the court for consideration in accordance with the current legislation of Ukraine.
CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)
The parties are released from responsibility for partial or complete non-fulfillment of any of the provisions of the Agreement, if this is the result of circumstances that occurred after the entry into force of the Agreement and are beyond the control of the non-performing party. Such causes include, but are not limited to, natural disasters, extreme weather conditions, fires, wars, strikes, hostilities, civil disturbances, acts of terrorism, disruptions in public telephone networks, electronic communication channels, and decisions by government agencies, etc. (hereinafter – force majeure).
The period of exemption from liability begins from the moment of declaration of force majeure by the non-performing Party, which is confirmed by a relevant certificate certified by the Chamber of Commerce or other evidence. If force majeure arose as a result of a decision of state authorities, the Parties believe that the text of such a decision is sufficient evidence of the occurrence of force majeure circumstances.
Circumstances of force majeure automatically extend the term of performance of obligations for the entire period of its effect and elimination of consequences. The Parties must inform each other immediately about the occurrence of force majeure circumstances. If these circumstances last for more than six months, then each of the Parties will have the right to refuse further fulfillment of obligations under the Agreement, and in this case, none of the Parties will have the right to be compensated by the other Party for possible losses.
MISCELLANEOUS
This Agreement enters into force upon its conclusion, provided for in clause 2.4. of the Agreement and is valid until the Parties fully fulfill the terms of the Agreement.
This Agreement may be terminated before the expiration of its term by mutual consent of the Parties or unilaterally in the cases provided for by this Agreement in compliance with the terms of this Agreement.
In cases not stipulated by this Agreement, the Parties are governed by the current legislation of Ukraine.
The Parties confirm their complete and unambiguous understanding of the subject and content of this Agreement, the rights and obligations of each Party arising from or related to the implementation of the Agreement, the essence of the terms used in the Agreement, as well as the conformity of the text of the Agreement with the intentions and will of the Parties.
If any provision (part) of the Agreement is or becomes invalid for any reason, this fact does not affect the validity of other provisions of the Agreement in general.
The parties agree that the law of Ukraine shall be applied to the relations that have arisen between them on the basis of this Agreement.