PUBLIC CONTRACT
(PUBLIC OFFER AGREEMENT)
on provision of services in the field of informatization

This Agreement, in which one party is IT-COM LIMITED LIABILITY COMPANY represented by the director Yulia Dmitrivna Horshova, who acts on the basis of the Model Charter (hereinafter - Executive), on the one hand,
and
any person who accepted (accepted) this offer (hereinafter - Customer), with on the other hand, hereinafter together - the Parties, and each separately - Party, concluded this The contract (hereinafter - the Contract), addressed to an unlimited number of persons, which is an official public offer of the Contractor, shall be concluded with by any Customer the Agreement on the provision of services in the field of informatization. When ordering and paying Services of the Contractor, Customers accept the terms of this Agreement on the following.


  1. GENERAL PROVISIONS
    1. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer to conclude the Agreement in its entirety, without signing a written copy of the Agreement by the Parties.
    2. The contract has legal force in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
    3. The customer confirms the fact of familiarization with and agreement with all the terms of this Agreement in full by acceptance.
    4. Any of the following actions is considered acceptance of this public offer agreement:
      • the fact of the Customer's registration on the Contractor's Website;
      • payment for the Contractor's Services on the terms and in the order specified by this Agreement and on the relevant pages of the Contractor's Website;
      • Joining the Artist's chatbot, including but not limited to the following:
    5. By concluding this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, the prices for the Services and all attachments that are integral parts of the Agreement.
    6. If the Customer does not agree with the terms of the Agreement, he has no right to enter into this Agreement, and also has no right to use the Services under this Agreement.
  2. TERMS AND DEFINITIONS
    1. "Public offer contract" - a public contract, a sample of which is posted on the Contractor's website.
    2. "Acceptance" - provision by the Customer of full and unconditional consent to conclude this Agreement in its entirety, without signing a written copy of the Agreement by the Parties.
    3. "Services" - Service or several Services in the field of informatization provided by the Contractor and indicated by the Contractor in the relevant section of the Contractor's Website.
    4. "Order" - a duly completed application of the Customer for receiving Services, addressed to the Contractor.
    5. "Third-party services" - services or services of third parties used by the Contractor to provide Services to the Customer, including, but not limited to, Internet access services, hosting, message delivery, payment processing, etc. .
    6. "Website of the Performer" - https://loyalcards.com.ua
  3. OBJECT OF THE AGREEMENT
    1. The Contractor undertakes, on the terms and in the manner specified by this Agreement, to provide the Customer with Services in the field of informatization, and the Customer undertakes, on the terms and in the manner specified by this Agreement, to accept and pay for the ordered Services.
    2. Services are provided on an "as is and as available" basis, i.e. as they are now and available to you.
    3. The Customer and the Contractor confirm that this Agreement is not a fictitious or pretend transaction or a transaction concluded under the influence of pressure or deception.
    4. The executor confirms that he has the right to carry out activities in the field of informatization, in accordance with the requirements of the current legislation of Ukraine.
  4. RIGHTS AND OBLIGATIONS OF THE PARTIES
    1. The executor is obliged to:
      • fulfill the terms of this Agreement;
      • provide the Customer with Services of appropriate quality;
      • objectively inform the Customer about the Services and the terms of their provision on the Contractor's Website.
    2. The executor has the right to:
      • unilaterally suspend the provision of services under this Agreement if the Customer violates the terms of this Agreement;
      • collect, process and store data provided by the Customer or its users as necessary to provide the Customer with informatization services;
      • other rights in accordance with the current legislation of Ukraine and this Agreement.
    3. The customer is obliged to:
      • pay and receive the Order in a timely manner under the terms of this Agreement;
      • get acquainted with the information about the Services, which is posted on the website of the Contractor.
    4. The customer has the right to:
      • order the Services specified on the relevant page of the Contractor's Website;
      • require the Contractor to provide Services in accordance with the terms of this Agreement;
      • other rights in accordance with the current legislation of Ukraine and this Agreement.
  5. ORDER PROCEDURE
    1. The Customer independently issues the Order in one of the available ways:
      • by joining the Contractor's chatbot and configuring the Service
      • on the corresponding page of the Contractor's Website by adding the Services to the virtual cart by clicking the appropriate "Add to cart" / "Order" button;
      • using the payment system by pressing the button "Buy" / "Order" / "Subscribe" / "Get Invoice" or similar according to the interpretation;
      • by placing an order by e-mail or by phone number indicated in the contact section of the Contractor's website.
    2. Term of processing by the Executor of the Order - up to 3 (three) working days from the moment of its execution. If the Order is sent on a weekend or holiday, the Order processing period begins on the first working day after the weekend.
  6. CONTRACT PRICE, PAYMENT PROCEDURE AND REFUNDS
    1. The price of each individual Service is determined by the Contractor and indicated on the relevant page of the Contractor's Website. The price of the Contract (the value of the Order) is determined by adding the prices of all the Services selected by the Customer.
    2. The Customer pays for the Services of the Contractor on the basis of this Agreement in the national currency of Ukraine - hryvnias.
    3. The customer pays for the services provided to him in the following order and terms:
      • The customer makes a subscription for the ordered services within 3 (three) calendar days from the moment of placing the Order for the selected period;
      • To extend the period of service provision, the Customer makes a subscription for the next period 3 (three) calendar days before the end date of the prepaid period of service provision;
      • payment for services provided by the Customer in addition to those specified in this Agreement shall be made by the Customer on the basis of an additional invoice issued after the end of the calendar month within 3 (three) calendar days from the moment of its receipt.
    4. Payment for Services is carried out by:
      • transfer of funds to the current account of the Contractor or
      • using other payment methods that are indicated on the Contractor's Website.
    5. The moment of payment for the Services is considered to be the time when funds are credited to the Contractor's current account.
    6. Payment for the Services is made by the Customer within 3 (three) banking days from the moment the Parties conclude the Agreement and the relevant invoice is issued by the Contractor.
    7. The bill (invoice) drawn up by the Contractor is valid for three banking days.
    8. The customer independently and at his own expense pays the cost of the services of third parties, if it is necessary to receive the Contractor's Services under this Agreement (for example, Internet access services and others).
    9. The Customer agrees that refunds of prepaid funds for services in accordance with this Agreement are not carried out by the Contractor.
  7. PROCEDURE FOR RECEIVING SERVICES. PROCEDURE FOR RECEIVING AND TRANSFERRING PROVIDED SERVICES.
    1. Rules for providing and receiving Services are specified on the relevant page of the Contractor's Website and are appendices (integral parts) of this Agreement. All questions that arose in the process of payment and receipt of Services, the Customer can find out from the Contractor using the contact details specified in section 12 of this Agreement Details of the Contractor.
    2. The fact of receiving the Services by the Customer - a natural person is confirmed by the payment of the Contractor's Services by such Customer.
    3. The fact of receiving the Services by the Customer - a legal entity is confirmed by the Act of acceptance and transfer of the provided Services (hereinafter - the Act), which is signed by the Parties (or signed by the Contractor unilaterally in the cases provided for in this Agreement). The Contractor is obliged to send the Customer a signed bill (invoice) and a signed Act in 2 copies by mail (previously, an digital copy of the bill and the Act can be sent by email). The Customer is obliged to sign the Act within 3 (three) working days from the date of receipt and to send the 2nd copy of the Act to the Executor by post, and in case of disagreement with the signing of the Act - his written objections.
    4. In case, within the 1st (one) month from the moment of sending the Act to the Customer, the 2nd copy of the Act signed by the Customer or written objections to the signing of the Act have not arrived at the Contractor's postal address, the Contractor signs the Act of acceptance and transfer of the provided Services in unilaterally.
  8. LIABILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
    1. The parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine.
    2. All disputes arising from this Agreement or related to it shall be resolved through negotiations between the Parties.
    3. If the relevant dispute cannot be resolved through negotiations, it will be resolved in a court of law under the established jurisdiction and jurisdiction of such a dispute in accordance with the legislation in force in Ukraine.
    4. In case of unavailability of the Service, system failure, loss of posted data, the maximum amount of the Contractor's liability in all cases is limited to the amount of the Contractor's monthly fee for informatization services under this Agreement.
    5. The Contractor does not bear any responsibility for failure to provide or improper provision of Services to the Customer under the condition of the occurrence of any circumstances that did not arise due to the fault of the Contractor (namely, the occurrence of circumstances that arose due to the fault or carelessness of the Customer and / or the occurrence of circumstances , which arose from the fault or carelessness of any third party (any third parties) and/or the occurrence of force majeure circumstances).
    6. The Contractor bears no responsibility for non-provision or improper provision of Services by Third-Party services.
    7. The Contractor is not responsible for the actions of the Customer and/or users of the Service in the process of using the Service.
    8. The Contractor is not responsible for any distortion or loss of information resulting from the use, incorrect use, inability to use, suspension or termination of the Service by the Contractor and/or any Third-Party service within the scope of the Service, including, but not limited to limited to any losses and errors in the display of information or claims of end users arising from the use / provision of the Service.
  9. FORCE MAJEURE
    1. The parties are released from responsibility for non-fulfillment or improper fulfillment of the obligations provided for in this Agreement, if it arose as a result of force majeure.
    2. In this Agreement, force majeure means any circumstances that have arisen beyond the will or contrary to the will or desire of the Parties and which cannot be predicted or avoided, including: military operations, civil unrest, epidemics, blockades, earthquakes, floods , fire, as well as decisions or prescriptions of state authorities and administration of the state of which the Customer is a resident, or of the state of which the Contractor is a resident, as a result of which additional obligations will be imposed on the Parties (or one of the Parties) or additional restrictions will be established and which make further full or partial performance of the Agreement, as well as other actions or events beyond the control of the Parties, is impossible.
    3. If the force majeure circumstances last for more than 3 (three) months in a row, then each of the Parties will have the right to refuse further fulfillment of obligations under this Agreement and, in this case, none of the Parties will have the right to compensation from the other The party of possible Damages.
  10. APPLICATION OF digital SIGNATURE, SEAL
    1. Parties on the basis of Part 3 of Art. 207 and Art. 627 of the Civil Code of Ukraine agreed on the possibility of making, signing, concluding in digital form with the use of an digital signature of appendices to this Agreement, additional agreements, primary accounting documentation, acts of debt reconciliation and other documents related to the execution of this agreement (further on the text of the section - Deeds).
    2. Each of the parties undertakes to ensure the safety of these means, the impossibility of their unauthorized use and use after the person loses the powers of representation.
    3. The Parties have agreed that any transaction that will be executed (concluded, signed) in accordance with this Agreement with the use of the corresponding digital signature by the Parties (one of the Parties) is considered to be executed with compliance with the written form of the transaction within the meaning of Art. 207 of the Civil Code of Ukraine.
    4. Each of the parties bears full responsibility to the other party for all losses caused by non-fulfillment of the obligations specified in clause 10.2. of this Agreement.
    5. The parties agree that in the case of the use of an digital signature by the parties, the primary accounting documents shall be the date of the actual acceptance-transfer of the fulfilled obligation (here and in the future provision of services, performance of works) and shall be sent to the Customer for signature no later than 5 calendar days from the moment of the execution of the economic operations The date of fulfillment of the obligation is the date of drawing up the documents, regardless of when they are actually signed by the Parties.
    6. The presence or absence of an digital seal does not affect the validity of the primary accounting and other documents accompanying the contract.
  11. OTHER TERMS OF THE AGREEMENT
    1. Each Party guarantees to the other Party that it has the necessary legal capacity, but also all the rights and powers necessary and sufficient for the conclusion and execution of this Agreement in accordance with its terms.
    2. Unilateral change of the terms of the concluded Agreement by the Customer or refusal to fulfill the terms of the concluded Agreement by the Customer is inadmissible, with the exception of the cases stipulated by this Agreement. None of the Parties to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
    3. The performer confirms that he is a single tax payer (group 3) at the rate provided for by the Tax Code of Ukraine.
    4. The information provided by the Customer is confidential. Information about the Customer is used exclusively for the purpose of fulfilling his Order.
    5. By his own acceptance of the Agreement, the Customer voluntarily gives his consent to the collection and processing of his personal data for the following purpose: the data that become known will be used for commercial purposes, including receiving information about the order and processing information about it, sending by telecommunication means communication (by e-mail, mobile communication) of advertising and special offers, information about promotions or any other information about the activities of the Contractor's Website. In case of unwillingness to receive information about the activities of the Contractor's Website, the Customer has the right to contact the Contractor by writing a statement of refusal to receive advertising materials and sending it to the Contractor's postal or e-mail address.
    6. By his own acceptance of the Agreement, the Customer voluntarily gives his consent to the collection, processing and use of graphic information (logo and other received images) on the Contractor's website and in marketing programs.
    7. The Contractor is not responsible for the content and truthfulness of the information provided by the Customer when placing the Order. The Customer is responsible for the accuracy of the information specified when placing the Order.
    8. The Customer is granted the right to use the Contractor's Services exclusively in its internal activities without the right to alienate or transfer them to third parties.
    9. The Parties undertake to keep confidential information obtained as a result of the execution of this Agreement, except when this is authorized in writing by the other Party or required by state authorities in accordance with current legislation. The guilty Party is responsible for the disclosure of confidential information in accordance with current legislation.
    10. The Agreement is public and open-ended and is valid until its termination by any of the Parties in accordance with the procedure established by this Agreement or current legislation, but in any case until the moment of its final execution by the Parties. The parties agreed that the term of this Agreement cannot be less than 3 (three) calendar months. This Agreement is considered to be agreed by the Customer and concluded at the location of the Contractor from the date of acceptance.
    11. The executor independently determines the conditions of this Agreement and its annexes, which are its integral parts, in accordance with and in compliance with the requirements of the current legislation of Ukraine. The Contractor has the right to independently change and/or supplement the terms of this public Agreement and its annexes, including the rules for providing and receiving Services under this Agreement. At the same time, the Contractor guarantees and confirms that the current version of the text of this Agreement and its annexes, including the rules for providing and receiving Services under this Agreement, posted on the Contractor's Website, are valid.
    • PERFORMER DETAILS
    • IT-COM LIMITED LIABILITY COMPANY
    • Identification code of the legal entity: 44085921
    • IBAN UA353052990000026007035015754 in JSC CB "PRIVATBANK"
    • Legal address: Ukraine, 02160, city of Kyiv, Regeneratorna St., 4, building 2-470
    • Single tax payer, group 3
    • tel. (044) 466 84 84, (067) 233 84 84
    • Email: info@loyalcards.com.ua