Offer to conclude a service agreement

This document is an offer by Sole Proprietor Yunchik Alexander Mikhailovich (hereinafter referred to as the "Company") to the registered users of Govador (hereinafter referred to as "users", "you") to conclude a framework service agreement (hereinafter referred to as the "Agreement") on the conditions specified below (hereinafter referred to as "offer").

The offer may contain terms as defined in the Govador Terms of Use.

1. The Subject of the Agreement
1.1. The Agreement defines the general conditions of the obligations arising between the Company and the user when the Company provides services of an information technology nature (hereinafter referred to as the “services”). These conditions can be supplemented and specified in the future by concluding separate agreements (transactions) on the provision of services on Govador or other sites on which the Company provides services on the basis of the Agreement, by the parties.

1.2. The Agreement to be concluded is an agreement with open terms. The essential terms of each service transaction made on Govador are formed online individually for the user using the Govador interface, through which the user selects the service and its parameters, the parties agree on the terms of the transaction.

2. Conclusion of the Agreement. Service order
2.1. The offer is considered accepted by the user, and the Agreement between the Company and the user is concluded from the moment the user pays for the services under the relevant transaction (in this case, it is made simultaneously with the conclusion of the Agreement) or from the moment an advance payment is made to pay for the services ordered in the future. The terms of the concluded Agreement apply to all subsequent transactions between the user and the Company. The agreement can be concluded only with a user who is a capable individual or a legal entity or individual entrepreneur registered in Ukraine.

2.2. Each order of specific services under the Agreement is an independent transaction for the provision of information technology services. A transaction in pursuance of the Agreement may be concluded in relation to the services provided on Govador and available for ordering and payment at the time the user contacts one or another Govador service. Under this Agreement, advertising services are not provided by the Company.

2.3. Payment for the order is recognized as the user's acceptance of the offer to conclude a transaction on the terms agreed by the parties.

2.4. The user makes each order of services in accordance with the terms of the current version of the offer and the terms of the corresponding service. The terms and conditions of all Govador services, which are posted on Govador at the time of ordering services, are an integral part of the offer. The order is placed online.

2.5. By accepting the offer, you agree that the fact of performing certain actions on Govador, including using professional technical tools, executing commands through the Govador interface (pressing buttons, clicking), making a payment and other similar actions means your will in relation to ordering and/or activating services in accordance with the parameters of services and their price indicated on Govador.

3. General conditions for the provision of services
3.1. Services are provided on the territory of Ukraine.

3.2. The conditions for the user to receive the Company's services are payment for the services and compliance by the user with the Govador rules established in the documents listed in this paragraph, as well as in the instructions provided in the Govador interface (hereinafter referred to as the "Govador rules"):

Terms of use for Govador (https:/govador.com/polzovatelskoe-soglashenie);
Documents regulating the terms of use of Govador services;
Documents regulating the conditions of the Tariff: https:/govador.com/usloviya-servisa-tarif);
Documents establishing the rules for posting ads on Govador (https:/govador.com/rules);
other documents regulating the operation of Govador posted at: https:/govador.com/privacy-policy

3.3. The Company's obligations to provide services according to the user's orders are counter to the user's obligations to comply with Govador's rules and pay for services. If the user fails to fulfill these obligations, the Company may suspend or refuse to provide services in the relevant part on the basis of the powers provided for by the civil legislation of Ukraine.

3.4. The Company provides services when it is possible to provide them, which is determined, among other things, by users' compliance with the Govador rules. Failure to comply with the Govador Rules may result in the inability to fulfill the obligations of the Company to provide the relevant services.

3.5. Due to the nature of the services offered by the Company, aimed at meeting the individual needs of users in promoting goods, works, services of users and other offers, under the Agreement, the Company does not assume the obligation to provide services to each person who contacts it and may refuse to provide services. user. For example, in cases where the provision of services is inconsistent complies with the rules of Govador, its topics, categories, etc.

3.6. Some services on Govador may only be available to certain categories of users, such as those who use Govador to carry out their business activities.

3.7. The conditions for the provision of specific services under the Agreement, including their content, scope and terms, are determined in the relevant Terms of Service and other rules of Govador.

3.8. The services provided on Govador may be changed, supplemented, updated, and therefore their use is offered in the "as is" mode, that is, in the form and to the extent that they are provided by the Company at the time users access Govador's services and services.

3.9. The Company has the right to send you, using the contact details available in your profile, notifications related to the execution of this Agreement or any of the transactions concluded under the Agreement, including notifications about the status of the provision of the service, methods of renewal, changes in the conditions for the provision of services and other informational messages, via SMS and push messages, email and phone calls.

3.10. When using the services, you undertake to comply with the requirements of the current legislation of Ukraine, the provisions of the Agreement, the relevant terms of the selected service or service, and all other rules of Govador.

3.11. At the request of the Company, you are obliged to provide the information and documents necessary to identify the user as a party to the Agreement, in particular when sending statements, requests and other requests to the Company related to the provision of services on Govador. In order to identify private users, the Company may request the full name, series and number of the passport, a scanned copy of the second and third pages of the passport (second spread), the email address and phone number of the user used to access the profile. In addition, the Company has the right to independently verify the user as a party to the Agreement by verifying the details specified by you in the profile with the details of the payer under the Agreement, as well as in other ways.

3.12. The Parties recognize actions performed using the user's login and password as actions performed by the user and having the force of a simple electronic signature.

4. Cost of services and payment procedure
4.1. The cost of the service chosen by the user when concluding a transaction under the Agreement is determined based on the characteristics of the service (type of service, composition of the service package and other parameters). The cost of the selected service is displayed in rubles in the Govador interface when placing an order, unless otherwise provided by the terms of the relevant service or service. The cost includes VAT at the rate established by the current legislation. Payment for services is carried out at prices valid at the time of payment.

4.2. You can pay for services using one of the methods presented in the Govador interface at the time of ordering services, including at the expense of the previously transferred advance payment.

4.3. A user with a profile of a legal entity or an individual entrepreneur must pay for the services under the Agreement by a non-cash transfer of funds to the Company's settlement account on the basis of an invoice issued through the Govador interface. It is also allowed to pay using a corporate bank card issued to the relevant legal entity or individual entrepreneur.

4.4. The Company provides the user with information about all payments made by him to Govador in a special information and analytical section of the profile (hereinafter referred to as the "Wallet"). The wallet is designed to account for funds received from the user as an advance, which can be used to pay for the Company's services ordered in the future, as well as to provide other information related to the Company's services, including the availability of bonuses that may be included in the overall balance Wallet, about payments received from the user in payment for the Company's services (including for the purpose of confirming payment).

4.5. When paying for services at the expense of a previously paid advance reflected in the Wallet, the corresponding amount of funds is debited from the Wallet balance, taking into account bonuses/discounts (if any), if the conditions of the relevant service allow their use. Making such a payment is possible only if there is an amount on the Wallet balance equal to or greater than the total cost of the ordered services.

4.6. Payment by bank transfer on the basis of an invoice for users with a profile of a legal entity or an individual entrepreneur, and / or a generated receipt for private users must be made indicating the user profile number, as well as other details identifying the payment, including the name and TIN for users with profile of a legal entity or individual entrepreneur.

When paying in this way, the user is obliged to enter in the payment document the exact data indicated in the purpose of the payment in the invoice his account for payment or receipts. In the absence or incorrect indication of the data listed in this clause, the Company has the right to consider that the payment obligations are not properly fulfilled by the user, or independently identify the payment according to the available data (including its own accounting data). The Company is not responsible for losses that may arise from the user or third parties in the event of an incorrect indication of the purpose of the payment.

4.7. The order of services must be paid in full by one payment method.

4.8. In case of cancellation of the service before the start of its provision, termination of the service for any other reason, the unused amount (if any) is credited to the User's Wallet, regardless of the method by which the payment for services was made earlier.

4.9. As part of promotional events or otherwise at the sole discretion of the Company, bonuses may be provided to you. The use of bonuses is carried out in the form of providing a discount on the cost of services when paying for them. If there are bonuses on the Wallet balance, when providing services, payment for services is carried out proportionally using cash and bonuses.

If the user refuses to use the service ahead of time, the entire amount of previously granted bonuses is canceled and cannot be restored. After 12 months from the date of the last payment using the Wallet, unused bonuses by the user may be canceled, unless a shorter period is set for their use. In any case, when refusing to use the services, only the balance of funds can be transferred to the User's Wallet, excluding bonuses.

Bonuses provided by the sole decision of the Company cannot be exchanged, transferred to third parties, cannot be used for other services of the Company, or replaced with a cash equivalent. Bonuses canceled due to the expiration of their validity or for other reasons cannot be compensated in any way, including in the case of their partial use.

4.10. The fact of providing services to the user on Govador and their volume are determined based on the statistical data of the Company's accounting system.

4.11. In relation to the services that the Company provides to users with the profiles of a legal entity or an individual entrepreneur in order to comply with the requirements of the legislation of Ukraine on accounting, the Company monthly sends a copy of the universal transfer document, including an invoice, to the user’s e-mail address or provides the opportunity to download and an act (hereinafter referred to as the “UPD”) for the reporting month. The original of such document can be sent by mail to the address indicated in the profile.

The Parties may agree on the exchange of documents in electronic form using electronic document management systems (hereinafter referred to as "EDM"). An offer to use EDI can be sent by either party to the other party, through the EDI system used. From the moment of acceptance of such an offer, the Company will send documents under this Agreement in accordance with the terms of the EDI Agreement.

4.12. If the Company does not receive written reasoned objections from the user regarding the services provided within 5 days from the date of the end of the reporting month (including due to the refusal of the user’s representative to receive an electronic copy of the UPD or other documents or the user indicating an incorrect address for receiving documents) services for the reporting period specified in the UPD are considered to be provided by the Company properly and accepted by the user in full.

4.13. Responsibility for obtaining any documents (including UPDs, messages, notifications) by the above methods lies with the user. The Company is not responsible for the delay or non-receipt of documents by the user if this was the result of a malfunction of communication systems, action / inaction of providers, telecom operators, loss of access to the profile by the user or other circumstances beyond the control of the Company.

4.14. The name, legal address, postal address, TIN, KPP, contact and other information in payment documents and other documents generated by the Company are indicated in accordance with the user details specified in his profile.

4.15. The user is solely responsible for the correctness of the data specified in the user profile on Govador. If you change the details, you must immediately make the appropriate changes in your profile. If you cannot change the data in the profile on your own, you are obliged to notify the Company of such changes in the form established by the Company with an attachment, at the request of the Company, confirming the changes in documents.

4.16. The company has the right to verify the correctness of the user details specified in the profile by checking with the data contained in the unified state register of legal entities (individual entrepreneurs) and, if available discrepancies, correct the relevant data using the TIN indicated by him as the user identifier.

5. Responsibility
5.1. The Company undertakes to make all reasonable efforts for the proper provision of services, however, it does not respond and does not compensate for the losses of the user if the user cannot use the services for the following reasons:

technological malfunctions of public communication channels through which access to services is provided, loss of Internet access by the user for any reason, errors, omissions, interruptions in operation or data transmission, defects in communication lines and other technical failures;
unauthorized interference with the work of Govador by third parties, including hacker, DDoS attacks, actions of virus programs and other violations of the work of Govador.
loss by the user of access to the profile, including if there are signs of its unauthorized use;
upon the occurrence of force majeure circumstances.
5.2. In case of causing losses to the user through the fault of the Company, liability is determined in the manner prescribed by the legislation of Ukraine. At the same time, the liability of the Company to users using Govador for business and other professional activities is determined in an amount not exceeding the cost of the service ordered and paid by the user, but not received through the fault of the Company, or, if applicable, in an amount not exceeding the balance of the User's Wallet at the time of causing losses and only if the user loses part or all of the funds on the Wallet balance due to the fault of the Company.

5.3. The Company is not liable to the user for losses incurred by the user through no fault of the Company, including in connection with the user's violation of the Govador rules.

5.4. The Company is not responsible for the transfer or receipt of user funds in payment for services. Security, confidentiality, and other terms of use of the payment methods you choose are determined by agreements between the user and the respective payment acceptance organizations.

5.5. You are responsible for any activity that occurs on Govador using your Govador login information (including the activities of employees and third parties) and for any damages that may result from unauthorized use of your profile and simple electronic signature.

5.6. In case of theft, loss of login data, you yourself take the necessary measures to change the password to access the profile. The Company is not responsible for the actions of third parties that resulted in the theft, loss of your login data, as well as any costs, damages or lost profits incurred by the user in connection with unauthorized access of third parties to the user's profile.

5.7. The company does not guarantee that the Govador services will meet the user's expectations and that the user will receive a response from visitors to the ads placed by him in connection with the receipt of services on Govador.

6. Consideration of claims
6.1. Disputes arising under this Agreement must be referred to the Arbitration Court, and if the dispute is not subject to arbitration in accordance with its competence, to other courts in accordance with the provisions of the legislation of Ukraine.

6.2. Before going to court, a user with a profile of a legal entity or an individual entrepreneur must comply with the out-of-court dispute resolution procedure by sending a written claim to the Company, attaching documents confirming the circumstances and requirements referred to by the user. The term for consideration of such claims is no more than 30 days from the date of receipt of the claim by the Company.

7. Other terms
7.1. The Agreement comes into force from the moment of its conclusion in the manner specified in section  of the offer, and is valid for an indefinite period until its termination in accordance with the Agreement and the law.

7.2. The Company has the right to change and / or supplement the offer to the extent permitted by law, as well as withdraw the offer at any time. The date of change of the offer is the date of publication on Govador of the new version of the offer. You must familiarize yourself with the current version of the offer posted on Govador and with the terms of each transaction before entering into an Agreement and making a transaction.

7.3. Ordering services and making a transaction by the user under the Agreement after the changes in the offer come into force means that the parties have agreed to make the relevant changes and/or additions to the Agreement. Such changes in the Agreement do not apply to services ordered and paid by the user before the changes in the offer come into force.

7.4. The Company has the right to terminate the Agreement in the manner prescribed by law, including in the event of a single violation by the user of the law, the terms of the Agreement or the rules of Govador, with notification of the user through the Govador interface, by e-mail or otherwise.

7.5. The contract may be terminated early on the initiation username. If the user has not used the profile on Govador within 3 years, the Agreement is considered terminated at the initiative of the user after the expiration of the specified period. Upon termination of the Agreement, you have the right to apply to the Company for a refund of the unused balance of funds in the amount of the Wallet balance, excluding the bonuses provided. The return of the unused balance of funds is carried out on the basis of a written application by the user in the form established by the Company for the means of payment with which the payment for the services was made, and if it is impossible to use this means of payment for the return of funds - in another way determined by the Company.

7.6. When applying for a refund of the unused balance of funds, the user, at the request of the Company, is obliged to identify himself as a party to the Agreement by performing the actions specified in the instructions of the Company (send an application from the email address specified in the profile, use the phone number specified in the profile and confirmed when contacting in the manner prescribed by Govador, etc.), as well as provide the necessary documents and information (including documents required to identify the user, documents confirming the fact that the user has made payments, etc.).

7.7. The Company has the right to indicate the name, trademark and general description of the services of a user with a profile of a legal entity or an individual entrepreneur in its marketing materials.

7.8. The Agreement represents all the terms and conditions agreed between the parties with respect to its subject matter and supersedes all prior understandings, assurances and agreements of any kind between the parties with respect to its subject matter, unless otherwise expressly agreed by the parties.

7.9. The obligations of the parties under the Agreement, which by their nature must continue to operate (including obligations in relation to the guarantees provided, confidentiality, mutual settlements, but not limited to the above), remain in force after the expiration of the Agreement until full performance.