Starosilska str. 1E office 301

Kiev, Ukraine

Contact us

web@ach.org.ua

Contract offer

This document is an open proposal (The offer) ACh UKRAINE Limited Liability Companies (hereinafter referred to as the Artist) regarding the conclusion of the Site Development Agreement set out in this Offer.

According to Art. 638 Of the Civil Code of Ukraine, in the case of acceptance of the terms and conditions of the Offer and payment for services, legal entity, which holds the acceptance of this Offer, becomes a Customer (acceptance of the Offer is equivalent to the conclusion of the Agreement on the terms, outlined in the Offer).

Appropriate acceptance of this Offer is considered by the Customer to carry out a set of all the following actions:

  • payment for the services of the Contractor.

By accepting this Offer, The Customer agrees to all the terms of the Contract in this form, in which they are set out in the text of this Offer. This Agreement is valid and is equivalent to the Agreement, signed by the Parties.

  1. Scope of the contract

1.1. In order and on terms, defined by this Treaty, The Contractor undertakes to provide site development services , further – Services, and the Customer undertakes to accept and pay for the Contractor's Services in accordance with the terms of this Agreement.

1.2. Information about services is located at https://ach.ua

1.3. By accepting the terms of this Offer, the Customer confirms, who was fully acquainted with the services of the contractor.

  1. Rights and duties

2.1. The contractor is obliged:

2.1.1. To provide the Services in accordance with the terms of this Agreement and other agreements between the customer and the contractor and the annexes thereto.

2.1.2. To advise the Customer, on the operation of online services. Consultation is provided by sending a corresponding email to the email: web@ach.org.ua, or by phone 38044 360293 weekdays, Monday through Friday, in the period from 9:00 to 18:00 years, as well as on weekends and days off, but with a mandatory prior appeal no later than 24 (twenty-four) hours before the time of necessary support.

2.1.3. At the request of the Customer, eliminate all identified in the process of providing the Services

2.1.4. Notify the Customer about preventive work within two working days.

2.2. The contractor is entitled:

2.2.1. To suspend rendering of Services in case of violation of the User Agreement by the Customer, and in other cases provided for in this Treaty.

2.2.2. To pay for the Services in the manner and on the terms, provided for by this Agreement and other concluded Agreements between the Customer and the Executor and the Annexes thereto.

2.3. The customer is obliged:

2.3.1. To read the terms of the User Agreement. In case of refusal to accept the terms of the User Agreement, immediately notify the Contractor in writing.

2.3.2. Not to transfer the rights under this Agreement to third parties without the written consent of the Performer.

2.3.3. Pay for the Services within the time limits and in accordance with the terms of this Agreement and other concluded Agreements between the Customer and the Executor and the Annexes thereto.

2.3.4. Prevent passwords and logins from being revealed, used to access the Provider Provisioning Services.

2.3.6. In case of disclosure or suspicion of disclosure of passwords and logins, used for access, notify the Contractor immediately in writing.

2.3.7. Do not take action, aimed at placing information, which may be considered offensive, as well as posting material or any data, which violate the laws of Ukraine.

2.4. The customer is entitled:

2.4.1. Get services in on time, previously agreed by the Parties, but not later than two months from the date of payment under this Agreement.

2.4.2. Getting advice on services is in order, provided for in 2.1.1.3. of this Treaty.

2.4.4. Receive Services, provided by the Contractor, in the amount corresponding to the paid by the Customer services

  1. Payment for services and procedure for their acceptance and transfer

3.1. The cost of the Services under this Agreement is determined on the basis of this and other concluded Agreements between the Customer and the Executor and the Annexes thereto

3.2. Payment is made on account basis, within two business days of being made by the Contractor.

3.3. The payment obligation shall be considered fulfilled by the Customer from the moment of depositing of funds into the Contractor's current account specified in the details of the Parties.

3.4. The customer understands and agrees, that the cost of the Contractor's services does not include the payment of third party services (payment agents, such as banks, cellular operators, telecom operators, etc.). The cost of services of third parties is paid by the Customer independently.

3.5. Acceptance-transfer of rendered Services under this Agreement shall be effected by signing by the Parties the Act of acceptance-transfer of rendered services.

3.6. After providing the Services under this Agreement, The Contractor shall send to the Customer the Act of acceptance and transfer of the rendered services, in (two) copies.

3.7. Customer, for 3 (three) Business days from the date of receipt of the act of acceptance-transfer of services rendered, signs it and 1 (one) the copy is returned to the Performer or at the same time gives a reasoned refusal to sign it.

  1. Dispute settlement and liability of the Parties

4.1. Disputes and / or disagreements will be settled by the Parties through negotiation, and in case of disagreement, in accordance with the current legislation of Ukraine.

4.2. All claims of the Parties shall be made in writing and signed by authorized persons.

4.3. Side, which received the claim, is obliged to provide the other Party with a reasoned reply within 10 (ten) business days from the date of receipt of the claim. All claims of the Parties shall be made in writing and signed by authorized persons.

4.4. Should the Parties fail to reach agreement (differences) are resolved in court in accordance with the current legislation of Ukraine.

4.5. The parties are not responsible for breach of their obligations under this Agreement, if it was not their fault. The party is presumed innocent, if it proves, that she had taken all the necessary steps to fulfill her obligations properly.

4.6. In case of violation by the Customer of the clauses 2.3.2, 2.3.6, 2.3.7 of this Treaty, The Contractor shall terminate the provision of the Services ahead of schedule without refunding the funds paid to the Contractor's account. Services under this Agreement are considered to be performed and the Contractor provides the Act of acceptance-transfer of the rendered services.

4.7. For violation of the terms of this Agreement, the Customer shall indemnify for damages in the amount of direct actual damages caused to the Contractor.

4.8. The Contractor reserves the right to immediately suspend the provision of the Services to the Customer in the following cases:

4.8.1. Establishing the support or use of any spam activity, including, but not limited to the following:
and) advertising their web pages by sending spam;
b) bulk spamming from any subnet by any method;
at) carrying out mass advertising actions on other people's resources without the consent of the owners, including massive promotional messages;
g) any spam support, hacking, cracking and other illegal activities on the Internet.

4.8.2. The provision of the Services may pose a threat to the security and defense capacity of the State, human health and safety.

4.8.3. Distribute and / or publish any information, which is contrary to the requirements of the current legislation of Ukraine, norms of international law, and violates the rights of others.

4.8.4. Advertising services, goods, other materials, the distribution of which is restricted or prohibited by applicable law.

4.9. The Contractor shall not be liable to the Customer or third parties for any delays, interrupt, losses or losses, occurring through:
and) defects in any electronic or mechanical equipment, not belonging to the Performer;
b) problems with data or connection, which were not the fault of the Executor;
at) force majeure;
g) no profit and loss of profit, as well as for any indirect damage, incurred by the Customer during the period of use or non-use of the Services of the Contractor;
d) normal functioning of the Internet or parts of it, as well as their availability to the Customer.

4.10. The Contractor is not responsible for the content of the information, provided by the Customer through the online service and assumes no responsibility for accuracy, the quality and content of such information.

4.11. The Contractor shall not be liable for any violation of the rights of third parties, resulting from the actions of the Customer, committed while using the Services, provided by the Contractor.

4.12. Time for suspension of Services for reasons, specified in item 4.8., is not considered a break in the provision of the Services and cannot be considered as a breach by the Contractor of its obligations, provided for by the Treaty.

4.13. Subject to 1.7. of this Treaty, The Customer is not entitled to reimbursement of the paid value of the Services and / or a proportional reduction of the cost of the Services under this Agreement in case the functionality of the Etutorium online service does not match, claimed on https://ach.ua, customer's needs, arising out of access to the online services under the terms of this and other agreements between the Customer and the Performer and the Annexes thereto .

4.14. In case of early termination of this Agreement at the initiative of the Customer, The Contractor shall refund to the Customer the amount in proportion to the non-rendered Services for the calculation of the full cost of the Services, without discounts, granted upon acceptance of this Offer. The contractor shall recalculate and refund the funds within 15 (fifteen) calendar days from the date of receipt by the Contractor of the original application for termination of the contract, stating the reason for such termination.

  1. Force Majeure

5.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement., caused by circumstances of force majeure, that arose after his imprisonment, if they prove it, that the proper fulfillment of their obligations was rendered impossible by force majeure, that is, extraordinary and inevitable circumstances like that, but not limited: element, strike, lockout, another industrial disorder, third party acts are socially dangerous, declared and unannounced war, threat of war, terrorist act, blockade, revolution, insurgency, rebellion, riots, sabotage, an act of vandalism, lightning, fire, storm, flooding, earthquake, accumulation of snow or ice, lack of water due to weather or environmental conditions, blackouts due to sudden damage to power grids, hacking attacks, actions and normative legal acts of public authorities, Local Government, resolutions of the National Bank of Ukraine, other circumstances, beyond the reasonable control and influence of the Party, which may not be foreseen or prevented by the Parties and make it impossible to fulfill the obligations of the Parties under this Agreement.

5.2. Side, which refers to any of the circumstances, referred to in paragraph 5.1 of this Agreement, obliged immediately, but not later 3 (three) calendar days from the date of occurrence of force majeure, notify in writing the other Party of the commencement and termination of these circumstances.

5.3. The proof of the existence of force majeure will be duly substantiated, provided by the authorities, to the competence of which, the relevant Act of Civil Law of Ukraine, confirmation of the fact of the force majeure circumstances, as well as inquiries from relevant state bodies of Ukraine.

5.4. In cases where the force majeure period is longer than 60 (sixty) calendar days, either Party may, in due course, have the right to terminate this Agreement.

5.5. Side, which had the force majeure, and which did not notify or notify the other Party in good time of its violation of the paragraph 5.2., 5.3. of this Agreement shall not be exempted from liability for breach of its obligation.

  1. The term of the contract and the procedure for its termination

6.1. This Agreement shall enter into force upon its acceptance by the Customer and shall remain in force until the Parties have fully fulfilled their contractual obligations..

6.2. The early termination of this Agreement may take place only with the consent of the Parties or in cases, provided for by the current legislation of Ukraine and the terms of this Agreement.

  1. Confidential information

7.1. The parties agreed, that any materials and information, relating to this Agreement are confidential and may not be transmitted to third parties without the prior written consent of the other Party.

The exception is cases, if the transfer of sensitive information is subject to official approval, other documents for the implementation of this Agreement, or paying taxes, other required payments, any other cases, when without transfer it would become impossible for any of the Parties to execute this Agreement, or if the provision of confidential information is required by Ukrainian law.

7.2. Information, defined in clause 7.1 of this Agreement as confidential may be used by the Parties solely to the extent and for the implementation of this Agreement and is confidential information after the termination of the Agreement during 3 (three) years.

  1. Miscellaneous

8.1. All relationships, arising out of and not regulated by the conclusion and implementation of this Agreement, are regulated by the norms of the legislation in force in Ukraine.

8.2. By the conclusion of this Agreement, The parties grant each other the right and consent to the processing of their personal data indefinitely in accordance with the Law of Ukraine “On Protection of Personal Data” from 01.06.2010 years. № 2297-VI. Use and dissemination of information, which constitutes the personal data of the Parties solely to the extent necessary to ensure the activities and / or protection of the interests of the Parties and the implementation of this Agreement. The Parties hereby approve the conclusion of this Agreement, that all the information provided, which is personal data, provided by the Parties legally and they have the right to use and dispose of it.

8.3. Customer, acceptance of this Offer, certifies that he has been notified of the personal data holders, the composition and content of the collected personal data, the rights of the owner of the personal data and third parties, to whom such personal data is transmitted.

8.4. By accepting this Offer, the Customer attests to the voluntariness and understanding of its legally significant actions and to agree to all the mandatory and essential terms of this Agreement.

8.5. The Parties are obliged to notify the other Party immediately in writing, about changing the details. Risks of consequences of non-compliance by a Party with the terms of this Agreement regarding failure to notify the other Party of the change of requisites, is borne by the Party, which has failed to fulfill an obligation to notify the other Party.

8.6. Without prejudice to the terms of the Offer, The Customer and the Contractor have the right at any time to execute the Agreement on Services in the form of a written bilateral document.

8.7. The text of this Offer may be changed unilaterally by the Contractor at any time, the version is considered relevant, posted on the Artist site at https://ach.ua/dogovir-oferty. The terms of the Agreement remain the same for the individual, which has accepted this Offer, until the termination of rendering of the Services by the Contractor according to the tariff paid by the Customer.

Artist's Details

ACH UKRAINE, Limited Liability Company
Code ÊDR 38440969

Legal address: m. Kyiv. Bulgakova street, d. 16, of. 7

Tel 044 3600293