FORCE GROUP OF COMPANIES LLC, EDRPOU number: 39831994, (hereafter – the “Company”) hereby publishes this Public Offer (hereinafter – “Agreement” and/or “Public Offer”,) on the provision of the
- Access to the Website of the Company;
- Provision of the Services for translation of one language into another, and provision of other Related Services under the terms and conditions provided by this Agreement.
This Agreement is a mixed-form agreement containing elements of an accession agreement and a public agreement; procedure of its execution is regulated by Article 642 of the Civil Code of Ukraine.
The Customer is not authorized to offer his/her own terms and conditions, but can only join the present Agreement. The Company undertakes to provide the Services envisaged hereunder to anyone who has executed this Agreement. The terms and conditions of this Agreement shall apply unanimously to anyone who has joined it.
Prior to using this Website, you are recommended to read the terms and conditions of the Agreement in full. You may use the Website only in accordance with the terms and conditions hereunder. If you do not accept all the terms and conditions of this Agreement in full, please do not use the Website and leave it immediately.
This Agreement governs the Company’s relations with individuals who use this Website for the purposes of placing Service Orders pursuant to the terms and conditions set out by this Agreement.
1. DEFINITIONS USED IN THE USER AGREEMENT:
1.1. Public Offer shall mean a public offer of the Company to any capable individual to execute the Agreement for provision of the Services under the terms and conditions of this Agreement, including all annexes hereto;
1.2. Acceptance shall mean acceptance of the terms and conditions of this Agreement by the User in full;
1.3. Company shall mean FORCE GROUP OF COMPANIES LLC, a legal entity incorporated in accordance with the legislation of Ukraine (EDRPOU number: 39831994, address: Prospekt Peremohy, 49/2 “L”, Kyiv, 03680), which is the sole owner of the Website. The Company lawfully manages the Website. All proprietary and non-proprietary intellectual property rights to the Website are the property of the Company. The Users are provided with the Services as stipulated hereunder; the Services are provided by the Company directly and/or through enlisted third parties that are duly authorized business entities, or through other affiliated persons authorized to provide the Services under this Agreement.
1.4. Website and/or Site shall mean a publicly accessible website open for free viewing by any person that is owned by the Company and located on the Internet at: https://taskforce.ua/, along with all pages, subdomains and software used to provide information to Users about the Services and their Orders in accordance with the terms and conditions of this Public Offer;
1.5. “You” shall mean the User, the Customer in accordance with the terms and conditions of this Agreement.
1.6. User shall mean an individual who uses the Website and/or makes Service Order in accordance with the terms and condition set forth in this Public Offer, and who is a party to this Agreement or lawfully represents such party. The User may also be the Customer if he/she has ordered the Services in the Company in the manner set out in this Agreement.
1.7. Customer shall mean an individual who uses the Website and/or makes Service Orders in accordance with the terms and conditions set forth in this Public Offer, and who is a party hereto.
1.8. Order shall mean an order for translation Services from Ukrainian, Russian into foreign languages and vice versa, as well as for other Related Services to be rendered by the Company as placed on the Website. The Service Order may also be placed by telephone at numbers available on the Website. Each placed Order shall be confirmed and accepted by the Company after it has been processed in accordance with the procedure set out in this Agreement.
1.9. Service shall mean the services for translation from Ukrainian, Russian into foreign languages and vice versa as well as other Related Services in accordance with the terms and conditions of this Agreement. The Services may include Related Services.
1.10. Related Services shall mean the Services for:
– Compilation of glossaries;
– Desktop publishing;
– Text editing;
– Proofreading by a native speaker;
– Delivery of documents;
– Notarization of documents;
– Other services that may be provided by the Company in accordance with applicable law.
Payment for the Related Services may be part of the cost of the Services subject to payment by the Customer at the same time as Service Order is placed.
1.11. Brief shall mean an agreement between the parties that are ready to cooperate and which sets out and takes into account all the major requirements to the provision of the Services.
1.12. Other definitions shall be interpreted in accordance with applicable legislation.
2. GENERAL PROVISIONS
2.1. This Public Offer shall come into force upon being posted on the Internet at: https://taskforce.ua/en/offer and shall remain valid until withdrawal of this Public Offer by the Company.
2.2. The Company reserves the right, at its sole discretion, to amend this Public Offer and/or withdraw this Public Offer at any time. If the Company makes amendments to the Public Offer, such amendments shall become valid upon publication of the amendments to the Public Offer, which are posted on the Internet at the address specified in Clause 2.1. hereof, unless otherwise specified by the respective amendments.
2.3. The moment of joining this Public Offer (Acceptance) shall commence:
1. At the moment of any interaction of the User with the Website in respect of the provisions related to granting the Users access to the Website of the Company.
2. At the moment the Customer places the appropriate mark (“tick”) in the special field of the dialog box when creating the Order, which is sufficient proof of the fact that the Customer has gotten familiar with and has accepted the terms and conditions of this Agreement – in part of provisions that relate to placement of Service Orders on the Website.
In so doing the Users confirm their acceptance of all the terms and conditions of this Agreement, and the Company shall grant them with the personal, non-exclusive, inalienable, limited right to access and use of the Website under the terms and conditions hereunder.
2.4. When the User/Customer joins this Public Offer (Accept it), it shall mean (in accordance with Clauses 2.3. “a” and “b”) an unconditional agreement of the User/Customer with the provisions of this Public Offer (including annexes hereto), unconditional acceptance of such provisions along with an undertaken obligation to perform the obligations of the User/Customer arising from this Agreement. The failure of User/Customer to become acquainted with the terms and conditions of this Agreement shall not release him/her from liability for failure to perform hereunder.
2.5. The Company may amend the Public Offer without prior notice to the User/Customer. The current version of the Agreement is available at: https://taskforce.ua/en/offer. If the User continues to use the Website (i.e., any further interaction with the Website) and/or places an Order, it shall mean that the User accepts amendments to the Agreement.
2.6. In the event that the User/Customer does not agree to certain terms and conditions of this Agreement and/or does not agree to observe the terms and conditions hereof (or new version of the Agreement), he/she shall not have the right to use the Website functionality, shall cease using the Website and shall leave it.
2.7. The Company shall have the right, at any time, to refuse any User use of the Website’s functionality, including ordering a Service, or access to the Website, in the event of violation of the terms and conditions of this Agreement or at its own discretion without explaining the reasons for such refusal.
2.8. The Parties agreed that the place of conclusion of this Agreement shall be the location of the Company.
3. SUBJECT MATTER OF THE AGREEMENT
3.1. In accordance with this Agreement, the Company shall, based on the Customer’s order, provide translation Services from one language into another, as well as Related services, via the Website. In turn, the Customer shall pay the Company for the Services within the period, in the manner and under the terms and conditions set out in this Agreement.
3.2. The Company performs translations on its own or assigns them to third parties. In case of assignment of translation to third parties, the Company shall be responsible for the quality of such translation.
3.3. The Company shall have the right to enlist third parties in order to ensure performance of this Agreement at its own expense without prior approval of the Customer.
3.4. The Company shall guarantee the quality of the Services provided and compliance by enlisted third parties with the requirements of this Agreement.
3.5. Without prejudice to Clause 3.1., the subject matter of this Agreement is the provision of the Services for access to the Company’s Website.
3.6. When creating an Order on the Company’s Website, you are entering into direct contractual relations with the Company.
3.7. The Services of the Company provided in accordance with the terms and conditions set forth by the Company in the Agreement shall lead to establishment of legal relations directly between you and the Company.
4. RULES AND CONDITIONS OF PROVISION OF SERVICES
4.1. Conditions applicable to Order Placement:
4.1.1. The Customer who wishes to receive the Services shall place an Order on the Company’s Website.
4.1.2. By placing the Order on the Website, the Customer shall provide his/her personal data:
- Full name;
- Phone number;
The list of data necessary to place an Order on the Website may be changed by the Company at its sole discretion.
4.1.3. When placing the Order, the Customer shall fill in a registration form with reliable, complete and accurate information about him/her and submit information with data sufficient for provision of the Services.
4.1.4. The User shall not mislead the Company as to his identity or transfer addresses, telephone numbers, emails and other information of any third parties through the Website. In the event of an incorrect telephone number being provided by the User; the Company shall have the right to refuse such Customer in respect of rendering further Services hereunder.
4.1.5. The Company shall consider a placed Order in the course of 2 hours during the business hours of the Company (from 09:00 to 18:00 from Monday to Friday, excluding public holidays).
4.1.6. If the Order is placed outside of the Company’s business hours (after 18:00 or on weekends or holidays), the Company shall consider the Order by 11:00 a.m. on the next business day. Urgent Orders shall be processed by the Company by telephone within 2 hours. To place an urgent Order, the Customer shall additionally provide all information in accordance with Clause 4.1.2 of this Agreement by the telephone numbers: +380 (44) 290-88-33 or +380 (98) 400-81-06.
4.1.7. So as to place an Order for translation Services, the Customer shall send the Company an e-mail or a message to the Company’s messengers with a detailed description of the required Service (texts in case of a written translation) and the language pair, any requirements as to formatting, the date of the event (in the event interpreting is needed), etc. to: email@example.com, and the suggested deadline for completion of the translation. When placing a translation Order, the Customer shall send the Company the documents to be translated.
4.1.8. If the Customer provides the Company with materials in *.pdf, *.jpeg, *.tif or other noneditable formats for the purposes of translation, the Customer shall pay an additional sum for the text layout/OCR (optical character recognition) Service to enable the Company to prepare materials for the translation in a qualitative manner.
4.1.9. If the Customer orders desktop publishing of a document to be translated and has not notified the Company of the existence of comments and required changes to the translation performed by the Company, and makes no revisions to it, but makes revisions to the translation after completion of the desktop publishing by the Company, the Customer shall pay for the repeat desktop publishing of the text. Prior to the commencement of the desktop publishing, the Company shall send the finished translation to the Customer for approval.
4.1.10. The Parties agreed that translation of up to 7 standard pages per day inclusive is not considered urgent and its cost is calculated without applying the urgency coefficient. Translation of 8 or more standard pages per day is considered urgent and its cost is calculated including urgency coefficient in pursuance with the Company’s price list.
4.1.11. If the Customer makes any amendments or changes to the source text, the completion date of the translation shall be extended for the period necessary to make such changes. If the Company has to make changes to an already completed translation, additional payment for such work will be made by the Customer.
4.1.12. If the Customer (in case of a written translation) has any preferences regarding translation of specific terms, toponyms (place names), proper names, denominations, surnames, etc., he/she shall submit such information to the Company (as well as glossaries, translation memories, previous translations, etc., if any) together with the text to be translated, in order to avoid misunderstandings as to the terms of the Service being provided. If such preferences were not duly notified, the translation shall be performed at the discretion of a translator and according to standard practice. The Customer may also order the compilation of a glossary to be performed by the Company; such glossary will be further applied to all translations for the Customer.
4.1.13. The Company makes translation and provides the Customer with it and the source texts in electronic form. The translation is certified by the Company’s seal for an additional fee in accordance with the Company’s price list.
4.1.14. Upon receipt and consideration of the Order, the authorized representative of the Company shall contact the Customer by telephone or by e-mail to specify all necessary data for provision of the Services. The authorized representative of the Company shall also request that the Customer provide documents required for translation (in the event of an Order for interpreting, the Customer shall be provided with a Brief to be filled in).
4.1.15. Upon receipt of the documents to be translated or a Brief (in the event of an Order for interpreting services) from the Customer, the Company shall inform the Customer about the timeframe for provision of Services.
4.1.16. If it is impossible to provide the Services within the term preferred by the Customer, as specified in the order, the Company shall refuse to accept the Customer’s Order. The Parties can agree upon another term for provision of the Services.
4.1.17. Any Order shall be deemed accepted by the Company only upon receipt of the confirmation of payment for the Services from the Customer, sending a proper confirmation of acceptance of the Order from the Company to the Customer, unless otherwise agreed by the parties by telephone or in writing in any manner, and provided the Customer gives his/her consent to the Services provision deadline in accordance with Clause 4.1.15 hereof proposed by the Company. Subject to the Company’s consent, the Order may also envisage an advance payment or full payment at the time of its creation, or payment within the specified period after its confirmation.
4.1.18. The Company shall commence the work under the Order only after the Customer’s written confirmation of the cost and deadline for execution thereof in response to an e-mail with the calculation of the cost of the Services.
4.2. Deadline for Provision of the Services and Their Cost
4.2.1. The deadline for provision of the Services shall be agreed upon by the Parties via exchange of e-mails.
4.2.2. The Company shall commence the work under the Order only after the Customer’s written confirmation of the cost and deadline for execution thereof in response to an e-mail with the calculation of the cost of the Services.
4.3. Order Cancellation
4.3.1. In the event the Customer cancels his/her Order after the Company has informed of its acceptance, the Customer shall pay 100% of the cost of such Order, and the money paid shall not be refunded.
4.4. Procedure for Delivery and Acceptance of Provided Services
4.4.1. In the event there are any objections as to the quality of the Services provided (including but not limited to:
– absence of files, poor quality translation or translation that needs further proofreading in the event of a written translation;
– incorrect translation of the original, substantive errors, etc. in the event of interpreting services),
the Customer shall substantiate his/her objections in writing and inform the Company within 2 business days upon provision of the completed translation.
4.4.2. If the Customer has not provided any written observations or comments regarding the translation within a period of up to 2 business days, the Order shall be considered to have been executed and accepted by the Customer.
4.4.3. The Company shall consider the Customer’s objections and shall eliminate the violation of its contractual obligations within 2 business days, providing the Customer with a corrected written translation within 3 business days upon receipt of the objection. As to interpreting Services already provided, to which the Customer submitted comments, the Parties shall have the right to agree on an adequate compensation from the Company in the form of a credit for future Services. The Parties agree that the compensation shall not, in any case, exceed the cost of the Order.
4.4.4. In the event that the parties cannot reach an agreement on the quality of a written translation or the need to make amendments to a written translation, they shall refer it for an independent linguistic examination to one of the operators on the market for translation agencies activities, as agreed upon by both parties. The cost of such expert examination shall be paid by the parties in equal proportions.
4.4.5. The Parties have agreed that the following complaints regarding the quality of Services shall not be considered reasonable and shall not be regarded as Service quality defects:
– The Customer’s claims regarding the scope of the Services which were not agreed upon by the Parties at the time of a Service Order’s approval and which the Company was not obliged to perform;
– The Customer’s claims regarding the ambiguity of interpretations or translation of proper names or names, toponyms, specifically used terminology etc., if the Customer has not provided the Company with tailor-made glossaries and/or translation memory or auxiliary materials to be used for preparation of such glossaries and/or translation memory and/or has not ordered a service for their compilation by the Company prior to commencement of the Services (according to Clause 4.1.12 hereof);
– stylistic and synonymous corrections that do not change the meaning of the translation performed by the Company;
– The Customer’s corrections and complaints regarding translation performed by the Company, which contradict the translation norms of target languages.
4.4.6. If the Customer for any reason cancels its translation order, it shall repay the Company the cost of work that has already been performed as at the date of receiving such cancellation notice from the Customer – in the event of a written translation.
4.4.7. In the event that the Customer suffers any loss or damage because of the Company’s failure to provide Services in a timely to provide high-quality Services, the Company shall be obliged to compensate such loss or damage in an amount that may not exceed the value of the respective Service (respective Order).
4.4.8. In the event of an Order for simultaneous interpretation, the Customer shall be responsible for handing out, collecting and storing receivers and headphones used for simultaneous interpretation during the entire event. The Company’s technical specialist shall provide assistance with handing out and collection of headphones during the event. Headphones shall be handed out in exchange for a document (passport, driver’s license) of a guest attending the event. The document shall be returned to the guest on return of the headphones. If receivers and headphones are handed out without a document deposit the guests at the request of the Customer, the Customer shall be financially liable for the loss (non-return) of the receivers and headphones by the guests attending the event in the amount of the cost of one receiver and/or headphone agreed upon with the Company, which shall not be less than the market value of the same or similar receiver and/or headphone.
4.4.9. In the event of an Order for interpreting (simultaneous or consecutive) services being cancelled or adjusted towards reduction of the number of hours Ordered 2 business days or more prior to the scheduled event, the Company shall cancel (adjust) the Order without levying any penalties on the Customer. In the event of an Order for interpreting (simultaneous or consecutive) services being cancelled or adjusted towards reduction of the number of hours ordered for interpreting (simultaneous or consecutive) 1 business day or less prior to the event (e.g., on the day of the event), the Customer shall pay the Company 100% of the cost of such an Order.
4.4.10. If an Order for interpreting (simultaneous or consecutive) services arranged outside of Kyiv is cancelled 2 business days or more before the scheduled event, the Customer shall pay the Company the actual expenses incurred for logistics and the preparations for the event in question.
4.4.11. The parties agreed that the working time shall be rounded upward to 30 minutes for the purpose of calculating the duration of interpreting (simultaneous or consecutive) during the Customer’s event.
4.4.12. In the event of an Order for interpreting (simultaneous or consecutive) services, the Customer shall provide the details of the responsible contact person, who can be contacted by the interpreter (interpreters) in respect of organizational matters during the event. The Company shall provide the contact details of the interpreter (interpreters) within 24 hours before the beginning of the event.
4.4.13. In the event of placing an Order for interpreting (simultaneous or consecutive) services, the Customer shall provide the interpreter (interpreters) with the materials necessary for preparation (in particular, documents related to the subject matter of the meeting (event), any marketing materials about the company to be translated, any preferred nuances of translation of the proper names, product names, etc.) at least 3 business days before the date of the event. In the event of untimely provision or failure to provide materials, the Company does not accept any claims for the quality of the interpreting (simultaneous or consecutive) services provided, as such interpretation will be performed at the discretion of the interpreter (interpreters) without the context having been made available in advance.
4.4.14. In the event of placing an Order for interpreting (simultaneous or consecutive) services, the parties may agree to hold a preparatory meeting or a teleconference in advance and invite the representatives of the Customer, the Company and the interpreters in order to discuss any nuances relevant to the interpreting services and the scheduled event. No fee shall be charged for the preparatory teleconference; the fee for the preparatory meeting shall be charged in accordance with the Company’s tariffs.
5. PAYMENT FOR THE SERVICES
5.1. The Customer shall pay for the Services in accordance with the price list of the Company, namely for the:
- Use of the Website pursuant to the terms and conditions of this Agreement: free of charge.
- Placing an Order on the Website: free of charge.
- Services and/or Related Services: according to the price list of the Company communicated to the Customer in any manner.
5.2. The Customer shall order (accept) the Services on the appropriate page for placing the Service Order, which is on the Company’s Website.
5.3. In accordance with the terms and conditions of this Agreement and applicable legislation, the Customer shall pay for the Services ordered.
5.4. The Customer shall pay for the Services ordered through the Website in the form of an advance payment, unless otherwise agreed upon by the Parties in writing or by telephone.
5.5. The Customer shall have the right to pay for the Services provided in cash or via a bank transfer.
5.6. The Customer shall pay all bank charges related to the transfer of payments for the Company when making settlements for the Services ordered.
6. Rights and Obligations of the Company
6.1 The Company reserves the right to modify or delete any information published on the Website, discontinue, restrict or terminate the User’s access to the Company’s Website at any time for any reason and at its sole discretion.
6.2 The Company shall have the right to impose any restrictions in respect of the use of the Website by the Users.
6.3 The Company shall have the right to amend the terms and conditions of this Agreement. The Company shall publish information on such changes on the Website. The User’s consent to use the Company’s Website after any amendments to the Agreement shall mean its acceptance of such amendments and/or supplements.
6.4 The Company shall have the right to post advertising and/or other information on the Website without the User’s consent.
6.5 In the event of violation of the terms and conditions of this Agreement by the User, the Company shall have the right to suspend, restrict or terminate access of such User to the Company’s Website unilaterally at any time without being liable for any damage that may be caused to the User by such actions.
6.6 The Company shall have the right to send its Customers messages with organizational, technical or other information, including e-mails or SMS-messages, to mobile telephone numbers of the Customers.
6.7 The Company shall have the right to be indemnified by the User for expenses incurred by the Company as a result of User’s actions and not resulting from the Company’s fault.
6.8 The Company shall have the right, at its own discretion and at its own choice, enlist any third parties to perform activities envisaged by this Agreement.
6.9 The Company shall have the right to require the Customer to provide necessary information, documents with respect to the subject matter of the Order, and to request the Customer to pay for the Service provided and reimburse expenses incurred under this Agreement.
7. Rights and Obligations of the User, Customer
7.1) The User shall read information about the terms and conditions on the provision of Services by the Company and the price thereof.
7.2 When using the Websites and ordering and receiving the Services, the User shall comply with the applicable legislation of Ukraine.
7.3 To provide detailed information and documents to the Company so as to ensure proper provision of the Services.
7.4 To accept the Services from the Company provided that such Services comply with the terms and conditions of this Agreement, as well as to pay for them in accordance with the terms and conditions of this Agreement.
8. RULES AND CONDITIONS RELATED TO ACCESS TO THE WEBSITE AND USE THEREOF
8.1. If you continue to use this Website, you shall agree to the following mandatory rules and reservations in respect of the Website’s use:
1) You are an individual aged 18 (eighteen) or older and have full legal capacity to enter into contractual relations with the Company in accordance with the terms and conditions of this Agreement.
2) You undertake to use the Website solely in accordance with the terms and conditions of this Agreement and applicable legislation of Ukraine.
3) You undertake to order the Services and use the Services in accordance with Ukrainian legislation and with the terms and conditions of this Agreement.
4) You agree and acknowledge that any information published on the Website, Website services are provided to you “as is and as made available”. You use this information and the technical functionality of the Website at your own risk and without any guaranties from the Company. You agree that you select the Services independently and responsibly; You agree further that you shall be liable for all your actions and omissions arising out of information posted on the Website, as well as out of information provided by the Company. Prior to making any decisions, you undertake to personally study all available information about the Services.
5) You confirm that all the information you provided at the moment of placement of an Order is true, accurate, up-to-date and complete. You shall be individually responsible for the information that you provided. You shall personally provide information in order to receive the Services, including personal and other Customer data.
6) You provide your consent with respect to the use of electronic means of communication, including, but not limited to: (i) email and (ii) SMS messages, (iii) telephone communication, (iv) messengers (software), such as Messenger, Viber, etc., in order to create Orders and receive information about the Services, as well as electronic delivery of messages (emails, SMS) related to the use of the Website, ordering the Services. For the purpose of the proper Order placement and receipt of the Services, you are required to provide the correct email and mobile phone number. You shall be fully individually responsible for the provision of such data. The Company shall not be obliged to verify and shall not be liable for any incorrect or misspelled e-mail address, incorrect mobile telephone number or settings of your e-mail service (spam filters, etc.). In the event that the Company sends letters, messages, notifications to an incorrect (or misspelled) email /mobile phone numbers specified by you at the time of creating an Order, you shall bear individual responsibility, including legal, and undertake the risks associated with possible consequences of use of incorrect email/ mobile phone numbers, including the actions of third parties.
7) You shall agree that the Company may monitor and record incoming telephone calls and conduct a selective audit of emails in order to ensure the proper level of services, as well as to improve qualification of the personnel, and to perform its obligations or to exercise its rights, as set out in this Agreement; the Company may also use, exercise and protect its rights and legal interests related to the legal relations arising out of this Agreement.
8) You can send all your questions, comments, suggestions, feedback and complaints to the Company using all available means of Website information support.
9) You agree and acknowledge that (i) all messages sent to you by electronic communication means through the Website (or in other manner agreed upon by the Parties) shall be deemed equivalent to communication in paper form; and (ii) all electronic and system data stored in the Company, either together or separately, shall be deemed mandatory, appropriate and sufficient evidence in resolving possible claims/disputes arising out of, or in connection with, the performance of this Agreement.
10) You undertake to use this Website and the Services made available through the Website only for yourself or for other persons on behalf of whom you are legally authorized to act and acquire respective rights and/or undertake obligations. You hereby confirm that such other persons have authorized you and that you have the right to select and purchase the Services on their behalf, and to grant consent to the processing of their personal and payment data, which is required to place an Order and to consume the Services.
11) The Company reserves the right to correct any errors (including in financial information) posted on the Website and in the Orders placed (both paid and unpaid). If the price of the Services contained a mistake in your Order, you will be offered (if possible): (i) to make changes in the Order by replacing the incorrect (wrong) price of the Services to the correct one; or (ii) cancel the Order without charging any penalties.
13) You agree that the Company is entitled to refuse anyone’s access to this Website, as well refuse anyone’s orders for the Services, to suspend access to the Website and orders for the Services by blocking access to the Website due to scheduled and unscheduled technical works and preventive maintenance; in the event that the User has violated the terms and conditions of this Agreement – at any time and for any reason without explanation and prior notice.
8.2. Rules and reservations related to Orders:
1) By placing an Order, the Customer shall confirm that he/she has read and agreed to all the terms and conditions of this Agreement. The fact that you have put a mark (“tick”) in a special field of the dialog box when creating an Order shall be sufficient proof of the fact that you have read and agreed to the terms and conditions set out in this Agreement, as well as be sufficient evidence in any legal proceedings. If the Customer creates an Order and puts the appropriate mark (tick) nominally, that is, without actually having read the terms and conditions set out in this Agreement, this may result in adverse consequences for the Customer. If you put the respective mark (tick) in the special dialog box to confirm that you have read and agreed to the terms and conditions of this Agreement, this shall be deemed to be unconditional and an integral process of an Order’s placement.
9. LIABILITY LIMITATION OF LIABILITY
9.1. In the event of violation of an obligation arising out of the present Agreement, the Party shall be liable pursuant to the present Agreement and (or) effective legislation of Ukraine. Failure to perform under the Agreement or improper performance hereunder, i.e., performance in violation of the terms and conditions of the present Agreement, shall be deemed a breach of this Agreement.
9.2. In the event that the Customer delays the payment to the Company for the provided Services, the Customer shall pay the Company a fine in the amount of double the discount rate of the National Bank of Ukraine, effective at the date of delay accrued to the overdue amount for each day of delay, 24% per annum and losses due to inflation.
9.5. The Company shall not be liable for the content of information posted on the Website and in the Company’s information alerts or emails.
9.6. The Company shall not be liable for any errors, omissions, interruptions, defects and delays in data processing or data transfer, disruptions of communication lines, destruction of any equipment, unauthorized third-party access to the Website, which has resulted in restricting the User’s access to the Website. The Company shall not be liable for any technical failures or other problems in any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of email services or scripts arising as a result of technical reasons, the normal functioning and availability of individual segments of the Internet and networks of telecommunication operators enlisted in providing the User with access to the Website.
9.7. The Company shall not be liable for compliance of the Website with the expectations of the User wholly or in part, for the error-free and uninterrupted operation of the Website, termination of the User’s access to the Website for reasons related to technical malfunction of equipment or software of the Company, and shall not indemnify the User for any related damages.
9.8. The Company shall not be liable for the User’s restricted access to the Website or termination of access to the Website where such restrictions and termination were due to extraordinary circumstances beyond reasonable control, which resulted in limited or restricted possibilities to fulfil obligations (in full or in part) by either Party under the present Agreement.
9.9. The User shall assume full liability and all risks related to any loss, including the theft of a User’s banking card, through which third parties have gotten access to the Services.
9.10. In any case, the Company’s liability before the User under this Agreement, including liability for any losses suffered by the User:
- shall be limited to the amount of the cost of the Order disputed by the parties;
- shall not apply to lost profits, loss of revenue, loss of reputation, any other special, direct or indirect loss or damage suffered by the User.
10. APPLICABLE LAW, DISPUTE RESOLUTION AND JURISDICTION
10.1. The User shall agree that this Agreement and relations between the Parties shall be governed by Ukrainian legislation.
10.2. All disputes and controversies arising out of this Agreement shall be resolved through negotiations.
10.3. In the event that the parties fail to reach an agreement, disputes and controversies shall be referred to the court at the location of the Company in accordance with the applicable law.
11. EXCLUSIVE RIGHTS AND GUARANTEES OF THE COMPANY
11.1. The Website is protected by the laws of Ukraine and international laws on protection of copyright and other intellectual property rights. All intellectual property rights and copyright to the Website and/or its various types of content (including, but not limited to, any images, photos, animation, video, music, text, program code, the Company’s content, mobile applications, design, Website and “applets” included in the Website, and anything else that is deemed an object of intellectual property rights and which is posted on the Website by the Company and/or its authorized third parties), as well as any printed materials related to the Website are owned by the Company (FORCE GROUP OF COMPANIES LLC), hereinafter – the “IP holder”. Any use of the Website is allowed only on the basis of a permit granted by the IP holder. The use of the Website without permission from the IP holder, in any way and for any purpose other than those permitted by this Agreement, shall be deemed unlawful and may result in the User being held to account.
11.2. During the period of use of the Website, the IP rights holder grants the User a limited, individual, non-exclusive license to use the Website solely for the purpose of this Agreement. The IP rights holder reserves all intellectual property rights.
11.3. The Users shall:
– not remove or conceal copyright, Services trademarks or other designations of property rights on the Website or related printed materials;
– not decompile, modify, disassemble or otherwise reproduce the Website contrary to the terms and conditions of this Agreement;
– not copy, rent, license, distribute, publicly display the Website, create derivative works based on the Website (except as expressly permitted by the terms and conditions of this Agreement), or use the Website for any other commercial purposes.
11.4. This Agreement does not stipulate any issues that relate to the granting of any rights or permits to the User to use the Website in any manner other than the ways provided by the Website’s functionality.
11.5. The Website shall be used by the Users “as is”. The IP rights holder does not provide any guarantees of uninterrupted operation of the Website, its timely and accurate operation in order to confirm any facts, as well as the fact that the Website suits the User’s purposes.
11.6. The User shall provide the IP rights holder with international, free of charge, non-exclusive, irrevocable license (with the right to sub-license) to use any User content that the User has provided to the Company through the Website. Such license shall apply to all copyrights, trademarks, patents, trade secrets, confidentiality and other intellectual property rights with respect to use, reproduction, transfer, printing, publication, public display, demonstration, distribution, copying, indexing, commenting, modifying, adapting, translation, creation of derivative works, public performance and other use of the User’s content.
12. FINAL PROVISIONS
12.1. This Agreement shall come into force for each User following the User’s actions, carried out in accordance with Clause 2.3. of this Agreement, and shall be valid until the Parties have fulfilled their obligations in full.
12.2. The relations between the Company and the User that are not regulated by this Agreement shall be regulated by the applicable legislation of Ukraine.
12.3. The Company shall have the right to use facsimile reproduction of the signature of the authorized person of the Company (using mechanical or other copying means) in any documents, including this Agreement and/or related information, messages. The parties shall recognize the legal validity of such documents.
12.4. The User may contact the Company’s Customer Support Service on these telephone numbers: +380 (44) 290-88-33 or +380 (98) 400-81-06 for all issues related to the use of the Website, as well as to all his/her claims. When filing a claim against the Company, the User shall provide documents confirming the grounds for such claim, provide his full name, contact details: telephone number and email.
12.5. A User who has not accepted the terms and conditions of this Agreement or has mistakenly accepted them shall inform the Company of such fact and shall have no right to use the Website.
12.6. This Agreement is made in Ukrainian and may be translated into English and any other foreign languages. The Ukrainian version of this Agreement shall prevail, and translation hereof into foreign languages shall be published by the Company for the convenience of Users only.
12.7. The headings in this Agreement are intended for convenience and do not have any literal legal significance.
12.8. Annexes to the User Agreement that are an integral part hereof:
Last changed on: 4 April 2022.
FORCE GROUP OF COMPANIES LLC
EDRPOU number: 39831994
Address: Prospekt Peremohy, 49/2 “L”, Kyiv, 03680, Ukraine