Accession Agreement (Offer Agreement)

Offer Agreement

 

This agreement is an official and public offer from the Provider to enter into a software product use agreement, presented on the website https://companyspirit.net/.

This agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all Customers. By entering into this Agreement, the Customer fully accepts the terms and procedure for placing an order, payment for the software product, liability for a dishonest order, and all other terms of the agreement.

By acceding to the Agreement, the Customer confirms that they have fully reviewed the terms of the Agreement, have no objections and/or reservations regarding the terms of the Agreement, unconditionally agree to the terms of the Agreement, and undertake to comply with the terms of the Agreement.

The Agreement is considered concluded in written (electronic) form from the moment it is accepted by the Customer, without the Parties signing the Agreement on paper.

 

1. Definition of Terms

1.1. Public Offer (hereinafter - the «Offer«) - a public proposal from the Provider, addressed to an indefinite circle of persons, to enter into a software product use agreement with the Provider by remote means (hereinafter - the »Agreement») on the terms contained in this Offer.

1.2. Acceptance - full and unconditional acceptance by the Customer of the terms of the Agreement by registering and selecting a service package.

1.3. Website - https://companyspirit.net/.

1.4. Dashboard - a visual representation of key information and metrics necessary for monitoring, analysis, and decision-making. Its main goal is to provide a quick and clear overview of the most important data in one centralized location.

1.5. Access to the online service website https://companyspirit.net/ - providing the Customer of the "Online service https://companyspirit.net/" with the possibility to use it exclusively for its functional purpose on the terms of the Agreement, during the paid time (period) in accordance with the Tariffs.

1.6. Customer (User) - a person (individual, private entrepreneur, and/or legal entity) who has lawfully gained access to the software product on the terms defined by this Agreement and is the end user of the software product.

1.7. Tariff - a document that defines the cost for the set of proposals offered by the Provider to the Customer regarding the scope of the software product’s functionalities, located on the website on the Internet.

1.8. Checklists - structured lists of tasks, actions, or items that must be checked or performed. Their main purpose is to ensure the completeness of a certain process, minimize the risk of errors or omissions of important details.

1.9. Staff training, corporate culture - a systematic process of transferring knowledge, rules, skills, competencies, and attitudes to employees that are necessary for the effective performance of their current or future work duties. It is a company’s investment in the development of its main asset - human resources.

1.10. Standardization - the process of establishing and implementing uniform rules, procedures, recipes, service standards, and other operational norms in all aspects of the establishment’s work. Its goal is to ensure stable quality of products and services, efficiency of staff work, predictability for customers, and cost optimization.

 

2. Subject of the Agreement

2.1. The Provider undertakes to grant the Customer the use of the software product, and the Customer undertakes to pay for and accept it on the terms of this Agreement.

2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Customer of the terms of the Offer Agreement is considered to be the date the Customer fills out the order form for this offer agreement, located on the website https://companyspirit.net/, provided that the Customer receives an electronic order confirmation from the Provider.

 

3. Placing an Order

3.1. The Customer independently places an order through the feedback form, or by placing an order via email or by the phone number specified in the contact section.

3.2. When placing an order on the website https://companyspirit.net/, the Customer undertakes to provide the following mandatory information necessary for the Provider to fulfill the order:

  • Customer’s last name, first name;

  • contact phone number;

  • USREOU code for a legal entity or TIN for a private entrepreneur.

3.3. The name and price of the software product package selected by the Customer are indicated in the order form (application) filled out on the website https://companyspirit.net/.

3.4. If any of the Parties to the agreement needs additional information, they have the right to request it from the other Party.

3.5. The Customer is responsible for the accuracy of the information provided when placing the Order.

 

4. Price of the Software Product

4.1. The prices for the software product are determined by the Provider independently and are indicated on the website https://companyspirit.net/.

4.2. The prices for the software product may be changed by the Provider unilaterally, depending on market conditions. However, the price of the software product, the cost of which has been paid in full by the Customer, cannot be changed by the Provider unilaterally.

4.3. Payment for the software product is made by 100% prepayment.

4.4. Settlements between the Customer and the Provider for the software product are made by agreement of the parties when placing the order.

4.5. The Customer can choose the appropriate software product package by filling out the order form.

4.6. The Customer’s obligations to pay for the software product are considered fulfilled from the moment the funds are received by the Provider in its account.

 

5. Rights and Obligations of the Parties

5.1. The Provider is obligated to:

  • 5.1.1. Transfer the software product to the Customer in accordance with the terms of this Agreement and the order.

  • 5.1.2. Not to disclose any private information about the Customer and not to provide access to this information to third parties, except in cases provided for by law.

5.2. The Provider has the right to:

  • 5.2.1. Change the terms of this Agreement, as well as the prices for the software product, unilaterally by posting them on the website. All changes come into force from the moment they are published on the website https://companyspirit.net.

5.3. The Customer has the right to:

  • 5.3.1. Before the conclusion of the Agreement, familiarize themselves with the content of the Agreement, its terms, and the prices offered by the Provider.

  • 5.3.2. For the Provider to fulfill its obligations to the Customer, the latter must provide all necessary data that unambiguously identifies them as the Customer.

  • 5.3.3. Pay for the provided access according to the price determined in the tariffs.

5.4. The Customer is obligated to:

  • 5.4.1. Familiarize themselves with and fully comply with the requirements of the Privacy Policy and the terms of this Agreement.

  • 5.4.2. Be responsible for actions performed in or through their Personal Account.

  • 5.4.3. Not to transfer the login and password from their personal account to third parties, and to ensure that only duly authorized persons can access their personal account.

  • 5.4.4. In case of any changes to the information provided by them during registration, to independently make the corresponding changes to the information they specified during registration. The Customer bears all possible risks associated with improper execution of this clause of the Agreement.

  • 5.4.5. Not to use any hardware and/or software to unauthorizedly use the software product.

  • 5.4.6. Timely and properly perform other obligations provided for by the Agreement.

  • 5.4.7. Not to use the software product, including information obtained as a result of using the software product, for activities prohibited by the legislation of Ukraine.

 

6. Use of Intellectual Property Objects

6.1. Concurrently with providing access to the software product, the Provider grants the Customer the right to use the Intellectual Property Objects on the terms of a simple non-exclusive license for such a software product (in the meaning defined in Part 3, Clause 3, Article 1108 of the Civil Code of Ukraine). The term of the license is limited to the term of this Agreement. The territory of use of the software product is at the Customer’s location.

6.2. To avoid any doubts and other interpretations, this Agreement does not provide for the alienation of the exclusive right or the granting of the right to use on the terms of an exclusive license for any intellectual activity results belonging to the Provider.

6.3. The Customer does not have the right to distribute, change, modify, adapt, translate, compile, decompile, reverse engineer, create derivative products, attempt to reveal the source code, copy, analyze data, use the ITC, including its online services, in a way not intended for its functional purpose, or perform any other improper use of the Intellectual Property Objects without the written permission of the Provider.

 

7. Liability

7.1. For non-fulfillment or improper fulfillment of the terms of the Agreement, the Parties shall bear the liability determined by the Agreement.

7.2. The Provider is not responsible for any damages and/or losses and/or harm incurred by the Customer due to the presence of an unsuitable hardware and software complex necessary for using the software product, namely:

  • 7.2.1. The Customer’s lack of computer equipment with the necessary set of software and technical capabilities that allow the use of the software product.

  • 7.2.2. The presence of restrictions and settings that do not allow the Customer to fully use the software product.

  • 7.2.3. The impossibility of using the software product due to the infection of the Customer’s computer equipment with malicious programs, including viruses.

  • 7.2.4. Deficiencies in the operation of the network infrastructure that made it impossible to fully use the software product.

7.3. The Provider is not responsible for any damages and/or losses and/or harm incurred by the Customer if the cause was:

  • 7.3.1. The Customer’s ignorance, non-compliance, or improper compliance with the requirements and procedures defined in this Agreement and the Privacy Policy, which led to the Customer assuming obligations to other persons and negatively affected the Customer’s business reputation.

  • 7.3.2. Improper storage and unauthorized transfer by the Customer of the login and password for entering the Customer’s personal account, which led to the Customer assuming obligations to other persons.

  • 7.3.3. Actions performed in the software product on behalf of the Customer that caused a change in information about the Customer, which negatively affected their business reputation.

7.4. The Provider is not responsible for:

  • 7.4.1. Actions of the Customer that contradict the current legislation of Ukraine and/or the Agreement and/or the Privacy Policy, which caused damage to third parties or led to any other negative consequences for third parties.

  • 7.4.2. Actions performed in the software product by third parties that contradict the current legislation of Ukraine and/or the Regulations, which caused damage to the Customer or led to any other negative consequences for the Customer.

  • 7.4.3. The conclusion/non-conclusion and/or performance/non-performance of agreements concluded as a result of organized trading.

  • 7.4.4. Any actions performed in the software product through the Customer’s personal account.

  • 7.4.5. The Customer’s posting of information, as a result of which it became known to third parties who used or may use it to cause harm to the Customer.

  • 7.4.6. The content of information posted by other users in the software product.

7.5. The Parties agree that all actions performed in the software product by a person who has specified the corresponding registration name (login) and password, specified in the personal account and by which the software product identified them as the Customer, belong to the person representing the Customer, and are therefore considered to have been performed by the Customer and create corresponding legal consequences for them.

7.6. The Customer is responsible, including to third parties, for the accuracy and completeness of the information and documents provided to the Provider.

 

8. Confidentiality and Protection of Personal Data

8.1. By providing their personal data on the website https://companyspirit.net/ during registration or placing an Order, the Provider grants the Customer their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine «On Personal Data Protection,» without a time limit on such consent.

8.2. The Customer undertakes not to disclose information received from the Provider. The provision of information by the Provider to contractors and third parties acting on the basis of an agreement with the Provider is not considered a violation.

8.3. The Provider is responsible for keeping their personal data up to date. The Provider is not responsible for the poor performance or non-performance of their obligations due to the information about the Customer being outdated or not corresponding to reality.

 

9. Other Terms

9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Provider and the Customer are resolved through negotiations. In case of failure to settle a dispute through negotiations, the Customer and/or the Provider have the right to apply to the court for a resolution in accordance with the current legislation of Ukraine.

9.3. The Provider has the right to make changes to this Agreement unilaterally. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.

 

ADDRESS AND DETAILS OF THE PROVIDER

Individual Entrepreneur Kutsayeva Yuliia Viktorivna

IBAN UA923220010000026008350063501

TIN/USREOU 3304902765

Joint Stock Company UNIVERSAL BANK

MFO 322001

Bank USREOU 21133352

Single tax payer in group 2. Not a VAT payer.