On the provision of VANBOX LLC, hereinafter referred to as the Contractor, services and rights to use software, hereinafter referred to as Services and Software, to any legal entity or natural person who accepted the conditions set forth in the Public Offer (agreement) and paid for the services of the Contractor, referred to hereinafter the Customer.
This agreement has the character of a public offer, is the equivalent of an "oral agreement" and has due legal force in accordance with the current legislation of Ukraine.
The following information is an official offer (public offer) to any legal entity or individual to conclude a subscription service contract. This contract is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers.
According to Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of a public contract is the fact that the Customer makes a payment for services and the Contractor receives the corresponding financial document confirming the fact of such payment.
1.1. Software - a set of instructions in the form of words, numbers, code, patterns, symbols or otherwise, expressed in a form readable by a computer, which causes it to operate to achieve a specific purpose or result (this definition covers both operating system, as well as an application expressed in source or object codes).
1.2. A non-exclusive license is a limited right to use the software provided to the Customer by the Contractor.
1.3. Service - the action of the Contractor to provide the Customer with services for connection, configuration, warranty service and technical support of the Contractor's software under the conditions specified in the Agreement and its annexes.
1.4. OneBox CRM + ERP - software for optimization, organization and implementation of work processes, which is hosted and managed via the Internet.
1.5. Entry point - the ability to access OneBox CRM + ERP, which is provided to the Contractor by the Customer under the terms of a non-exclusive license and is implemented through a personal login and password, which are entered on a special page of OneBox CRM + ERP on the Internet.
2.1. The Customer pays, and the Contractor provides:
2.1.1. The right to use OneBox CRM + ERP (hereinafter - the software) under the terms of a non-exclusive license.
2.1.2. Services, the scope and procedure of their provision are determined by this Agreement and its annexes.
3.1. The term of the Non-Exclusive License has no time limit.
3.2. The Non-Exclusive License has no geographic restrictions.
3.3. A non-exclusive license entitles the Customer to use the software in its activities through an unlimited number of entry points.
3.4. The customer has no right to interfere in any way with the operation of the software, unless this is provided for by the functionality of the software.
3.5. The customer has no right to reproduce the software in any way.
3.6. The customer is given the right only to use the software without the possibility of its duplication, resale, and transfer to third parties for use. All property rights to the software belong to the Performer.
3.7. Violation of the terms of the Non-Exclusive License by the Customer entitles the Contractor to terminate the Non-Exclusive License at any time.
3.8. Termination of the Agreement does not release the Customer from the obligation to comply with the Non-Exclusive License.
4.1. The customer makes payment in the form of a full advance payment, by transferring the amount to the bank account of the Contractor.
4.2. Payment for Services is made in the national currency of Ukraine in accordance with the tariffs established at the time of provision of the Service on the basis of 100% prepayment.
4.3. When making a payment, the Subscriber is obliged to indicate in the payment document the invoice number, which is issued by the Contractor and identifies the paid services.
4.4. The non-exclusive license is considered transferred to the Customer from the moment the Contractor receives the funds in full in accordance with the invoice provided to the Customer.
4.5. Services are considered paid at the time of receipt of funds to the current account of the Contractor.
5.1. The term of provision of Services is defined in the appendices to this Agreement.
5.2. After completion of the provision of Services in accordance with this Agreement and its annexes, the Contractor provides the Customer with an Act of services provided in two copies, which the Customer undertakes to sign within 5 (five) working days from the moment of receipt and return one signed copy to the Contractor.< /p>
5.3. In the event of the Customer's refusal to accept the provided Services, the Parties shall draw up a corresponding Deed of Defects, which indicates the defects that must be corrected. In the event that the Contractor refuses to sign the Deficiency Act, the Customer must indicate this separately in the Deficiency Act itself.
5.3.1. In the event that the Contractor does not agree with the deficiencies specified in the Act on deficiencies, he is obliged to notify the Customer in writing within 5 (five) working days, providing a reasoned answer.
5.3.2. In the event that the Contractor did not provide a reasoned answer to the Customer within the time limit provided for in clause 5.3.1. of the Agreement, he undertakes to correct the deficiencies specified in the Deficiency Act within 10 (ten) working days from the date of signing the Deficiency Act.
5.4. In the event that the Customer has not signed the Act of provided services within the period provided for in clause 5.2. of the Agreement, and also did not provide a signed Deed of Defects within the term stipulated by the Agreement, this will mean that the Customer has no claims against the Contractor regarding the quality and scope of the services provided.
6.2. Requests for familiarization with the process of providing Services, any consultations are accepted only in writing, which are sent directly to the Contractor.
6.3. The Contractor undertakes to provide a written response to the Customer's request within 1 (one) working day from the moment of receipt of the written request.
6.4. The customer gives his consent to receive notifications about the provision of Services by e-mail (E-mail) and via short message services (SMS).
6.5. The Parties agreed to consider that the facsimile reproduction of the signature on invoices and acts of acceptance and transfer of works signed by the Parties within the framework of the current Agreement have the same legal force as the handwritten signature of the authorized representatives of the Parties.
7.1. The software is developed on the basis of special software libraries and components for which the Contractor has the necessary rights.
7.2. The contractor guarantees that he has all the necessary and sufficient rights to the software provided by this Agreement.
7.3. The executor guarantees the legality of the software and the possession of all property rights that allow him to exclusively dispose of the software.
7.4. During the provision of Services under this Agreement, the Contractor has the right to use other licensed software that helps in the operation of the software (including code with OpenSource / FSF licenses). The Contractor is not responsible for the consequences of using such additional software by the Customer.
7.5. The customer has the right to update the software during the entire period of use.
8.1. By accepting the terms of the Agreement, the Subscriber confirms that he is fully familiar with and agrees with its terms, and also, if the Subscriber is a natural person, gives permission for the Contractor to process his personal data.
8.2. The purpose of processing the Subscriber's personal data is to enable the Contractor to provide Services under the Agreement, to carry out mutual settlements, to receive invoices, deeds and other documents, to detect and prevent fraudulent actions, as well as to solve security problems and eliminate technical problems, to protect against the immediate threat of harm to the Contractor or its customers in accordance with the law.
8.3. By concluding the Agreement, the Subscriber confirms that he is informed (without additional notification) about the rights provided for by the Law of Ukraine "On the Protection of Personal Data" and about the purposes of data processing that the Subscriber transfers to the Contractor.
8.4. The Subscriber's permission to process personal data is valid for the entire term of the Agreement, as well as for the next 5 (five) years after its expiration.8.5. Destruction of personal data is grounds for termination of the Agreement and is performed on the basis of a written (paper) application from the Subscriber. In this case, the contract is considered to be terminated from the date specified in the relevant notification of the Contractor.
8.6. The subscriber guarantees that he has informed all third parties about the use of their personal data for the provision of Services by the Contractor under the Agreement, the purpose of processing personal data of third parties, the methods of such processing, and obtained the consent of such third parties to the processing of their personal data by the Contractor.
8.7. The Subscriber is obliged to provide written consent of third parties to the processing of their personal data at the request of the Contractor.
8.8. Personal data provided by the Subscriber will be available to the Contractor's employees and consultants.
9.1. In the event of non-fulfillment or improper fulfillment of the obligations provided for by this Agreement and its annexes, the Parties shall bear responsibility in accordance with the terms of the Agreement, its annexes and the current legislation of Ukraine.
9.2. For violation of the terms of this Agreement, the Contractor is obliged to pay the Customer a fine in the amount of 1% (one percent) of the cost of the Services that were not performed on time and/or improperly for each overdue day, but not more than 25% (twenty-five percent) from the total cost of services.
9.3. For violation of the terms of articles 4 and 5 of this Agreement, the Customer bears property liability in the form of a penalty, which is double the NBU rate for each day of such delay and a fine in the form of 1% (one percent) of the value of the non-exclusive right and / or the cost of the Services, which is charged once.
9.4. If the Customer violates the conditions stipulated in Article 3, the Customer is obliged to compensate the Contractor for possible losses in full.
10.1. The Parties undertake not to disclose any confidential information and commercial secrets of the other Party, which may become or become known during the performance of the terms of this Agreement.
10.2. The parties undertake not to transfer to third parties and not to disclose in any way information that is confidential and/or a trade secret without the written consent of the other party.
10.3. In the event that third parties become aware of confidential and/or trade secret information, the Party that discovered such a fact is obliged to notify the other Party in writing within a period of 1 (one) day from the moment, when such a fact became known.
10.4. Termination of this Agreement does not release the Parties from the obligation to comply with Article 9 of the Agreement within 3 (three) years from the date of termination of the Agreement.
11.1. The Agreement enters into force from the moment of its signing by the Parties and is valid until the Parties fully fulfill their obligations.
11.2. The Agreement may not be terminated unilaterally without the prior written consent of the other Party, except for the cases stipulated by the provisions of this Agreement.
11.3. The contract can be terminated in the following cases:
- with the mutual consent of the Parties. The Party that expressed a desire to terminate the Agreement is obliged to notify the other Party in writing of its intention with arguments for its position;
- in case of violation of the terms of this Agreement;
- on the grounds provided for by the legislation of Ukraine.
11.4. The Agreement may be terminated unilaterally without the prior written consent of the other Party, in case of violation by the Customer of the conditions stipulated in Article 3 of this Agreement.
11.5. In case of termination of the Agreement on the grounds provided for in this Agreement, the funds transferred to the Contractor under this Agreement shall not be returned to the Customer.
12.1. The parties undertake to resolve any disputes through negotiations and in a pre-trial procedure.
12.2. If the Parties do not reach an agreement through negotiations, the dispute shall be resolved in a court procedure provided for by the legislation of Ukraine.
12.3. When resolving issues not provided for in this Agreement, the Parties are guided by the general norms of Ukrainian legislation.
12.4. If one of the clauses of this Agreement is recognized by the court as having no legal force, this will not entail the recognition of the entire Agreement as invalid.
13.1 The customer receives the right to resolve appeals regarding the elimination of errors in the operation of the software. A software error is considered a function that does not work in accordance with the description of the basic functions of the 1b.app software. The Contractor undertakes to accept the Customer's appeals submitted through the forum https://1b.app/ua/forum/. The contractor cannot change or delete the client's request, when creating a request, the client familiarizes himself with all the rules for creating a request and cannot create it without ticking the necessary boxes in the appropriate form.
Limited Liability Company "WEBPRODAKSHN"
14005, Chernihiv, Myru avenue 53A, office. 400
EDRPOU code: 39559768
JSC CB "PRIVATBANK"
Address for correspondence: 14000, Chernihiv, st. Pyatnytska, building 16