This Agreement, in which one party, DATA PLUS GLOBAL, is registered in the Unified State Register of Legal Entities and Individual Entrepreneurs in accordance with the applicable legislation and is a single tax payer (hereinafter referred to as the "Provider"), on the one hand, and any person who accepts this offer (hereinafter referred to as the "Customer"), on the other hand, collectively referred to as the "Parties," and each individually as a "Party," have entered into this Agreement (hereinafter referred to as the "Agreement"). This Agreement is addressed to an unlimited number of persons and constitutes an official public offer by the Provider to enter into an agreement for the provision of services in the field of analytics with any Customer. By ordering and paying for the Provider's Services, the Customers accept the terms of this Agreement as outlined below.
1.1. This Agreement is concluded by providing the Customer's full and unconditional acceptance of the Agreement in its entirety, without the Parties signing a written copy of the Agreement.
1.2. The Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to an Agreement signed by the Parties.
1.3. The Customer confirms that they have read and agreed to all terms of this Agreement in full by accepting it.
1.4. Any of the following actions are considered acceptance of this public offer agreement:
1.5. By entering into 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 appendices, which are integral parts of the Agreement.
1.6. If the Customer does not agree with the terms of the Agreement, they do not have the right to enter into this Agreement, nor do they have the right to use the Services under this Agreement.
3.1. The Provider undertakes to provide the Customer with analytical Services under the terms and conditions defined by this Agreement, and the Customer undertakes to accept and pay for the ordered Services under the terms and conditions defined by this Agreement.
3.2. The Customer and the Provider confirm that this Agreement is not a fictitious or fraudulent transaction or a transaction made under duress or deception.
3.3. The Provider confirms that it has the right to engage in analytical activities in accordance with the requirements of the current legislation of Ukraine.
4.1. The Provider must:
4.2. The Provider has the right to:
5.1. The Customer must:
5.2. The Customer has the right to:
6.1. The Customer independently places an Order on the relevant page of the Website https://dataplus.global by adding the Services to the virtual cart using the "Add to Cart" button, or through the payment system by clicking the "Buy" button, or by placing an order via email or by phone, as specified in the contact section of the Website.
6.2. The Provider processes the Order within three (3) business days from the moment of its placement. If the Order is placed on a weekend or public holiday, the processing time begins on the first business day following the holiday or weekend.
7.1. The price of each individual Service is determined by the Provider and specified on the relevant page of the Website https://dataplus.global. The price of the Agreement (Order cost) is determined by adding the prices of all Services selected by the Customer.
7.2. The Customer pays for the Provider's Services based on this Agreement in the national currency of Ukraine, the hryvnia. The Parties agree that the cost of the Services is determined on the relevant page of the Website https://dataplus.global.
7.3. Payment for the Services is made by: 7.3.1. Transferring funds to the Provider's current account (if the Customer is an individual or legal entity) or 7.3.2. Using other payment methods specified on the Provider's Website (if the Customer is an individual).
7.4. The moment of payment for the Services is considered the time of crediting funds to the Provider's current account.
7.5. Payment for the Services is made by the Customer within three (3) banking days from the moment of entering into the Agreement by the Parties and the issuance of the relevant invoice by the Provider. The invoice (invoice) issued by the Provider is valid for three banking days.
7.6. The Customer independently and at their own expense pays for the services of third parties if necessary to receive the Provider's Services under this Agreement (e.g., internet access services and others).
8.1. The rules for providing and receiving Services are specified on the relevant page of the Website and are annexes (integral parts) of this Agreement.
8.2. The fact of receiving Services by the Customer, an individual, is confirmed by their payment for the Provider's Services. The Provider is obligated to send the Customer an invoice and receipt for the payment of Services.
8.3. The fact of receiving Services by the Customer, a legal entity, is confirmed by the Act of Acceptance of Services Provided (hereinafter referred to as the "Act"), which is signed by the Parties (or signed unilaterally by the Provider in cases stipulated by this Agreement). The Provider is obligated to send the Customer a signed invoice and a signed Act in two copies by mail (an electronic copy of the invoice and Act may be sent by email or fax in advance). The Customer must sign the Act within three (3) business days of receiving it and return one copy to the Provider by mail, or in the case of disagreement with signing the Act, provide written objections. If, within one (1) month from the date of sending the Act to the Customer, the Provider has not received a signed copy of the Act or written objections from the Customer, the Provider signs the Act of Acceptance of Services Provided unilaterally.
9.1. For failure to perform or improper performance of their obligations under this Agreement, the Parties are liable in accordance with the current legislation of Ukraine.
9.2. All disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties.
9.3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court according to the established jurisdiction and competence of such a dispute in accordance with the current legislation of Ukraine.
9.4. The Provider shall not be liable for any failure to provide or improper provision of Services to the Customer if any circumstances arise not due to the Provider's fault (namely, circumstances arising due to the fault or negligence of the Customer and/or circumstances arising due to the fault or negligence of any third party (any third parties) and/or the occurrence of force majeure circumstances).
10.1. The Parties are released from liability for failure to perform or improper performance of obligations under this Agreement if it was caused by force majeure circumstances.
10.2. Force majeure circumstances under this Agreement are understood as any circumstances that arose against the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: military actions, civil disturbances, epidemics, blockades, earthquakes, floods, fires, as well as decisions or orders of state authorities and administrations of the state in which the Customer is a resident or the state in which the Provider is a resident, resulting in additional obligations or restrictions imposed on the Parties (or one of the Parties), making it impossible to further fully or partially perform the Agreement, as well as other actions or events beyond the Parties' control.
10.3. If force majeure circumstances continue for more than three (3) consecutive months, either Party has the right to refuse further performance of obligations under this Agreement, and in such a case, neither Party shall have the right to claim compensation from the other Party for possible losses.
11.1. Each Party guarantees to the other Party that it possesses the necessary legal capacity, as well as all rights and powers necessary and sufficient to enter into and perform this Agreement in accordance with its terms.
11.2. The unilateral change of the terms of the concluded Agreement by the Customer or the refusal to perform the terms of the concluded Agreement by the Customer is unacceptable, except in cases provided for by this Agreement. Neither Party to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
11.3. The Provider confirms that it is a single tax payer (Group 3) at the rate provided by the Tax Code of Ukraine.
11.4. Information provided by the Customer is confidential. Information about the Customer is used solely for the purpose of fulfilling their Order.
11.5. By accepting the Agreement, the Customer voluntarily consents to the collection and processing of their personal data for the following purposes: data that becomes known will be used for commercial purposes, including obtaining information about the order and processing information about it, sending by means of telecommunication (email, mobile communication) advertising and special offers, information about promotions or any other information about the activities of https://dataplus.global. If the Customer does not wish to receive information about the Website's activities, they have the right to contact the Provider by submitting a request to refuse receiving promotional materials and sending it to the Provider's postal or email address.
11.6. The Provider is not responsible for the content and accuracy of the information provided by the Customer when placing an Order. The Customer is responsible for the accuracy of the information provided when placing an Order.
11.7. The Customer is granted the right to use the Provider's Services exclusively for their internal activities without the right to alienate or transfer them to third parties.
11.8. The Parties undertake to maintain the confidentiality of information obtained as a result of this Agreement, except in cases where it is authorized in writing by the other Party or required by government authorities in accordance with the applicable legislation. For disclosing confidential information, the guilty Party shall be liable according to the current legislation.
11.9. The Agreement is public and indefinite and is valid until terminated by either Party in the manner prescribed by this Agreement or the applicable legislation, but in any case, until its full execution by the Parties. The Parties agree that the term of this Agreement cannot be less than three (3) calendar months. This Agreement is considered accepted by the Customer and concluded at the Provider's location from the date of acceptance.
11.10. The Provider independently, in accordance with and in fulfillment of the requirements of the current legislation of Ukraine, determines the terms of this Agreement and its annexes, which are integral parts of it. The Provider has the right to independently change and/or supplement the terms of this public Agreement and its annexes, including the rules for the provision and receipt of Services under this Agreement.
