AGREEMENT ON THE PROVISION OF ONLINE SERVICES SYSTEMATOR.PRO ON THE INTERNET
This Agreement is a public agreement and the following conditions are an offer of SYSTEMATOR LLC, hereinafter referred to as the Contractor, represented by the Director, Oleksandr Oleksandrovych Rybchynsky, acting on the basis of the Articles of Association. any natural or legal person, hereinafter referred to as the Customer, which accepts (accepts) these conditions.
The Contractor's Offer is considered accepted by the Customer, and the Agreement is considered concluded and entered into force if the Customer has registered an Account on the Site and received the Authorization Data.
1.
Definitions
1.1.
The following terms are used in this Agreement:
1.1.1.
Website - Internet site available at (with a domain name) stmtr.com , which provides access to the Services.
1.1.2.
Services - various functions of the Site and software and hardware complex, which allow the Customer to keep records of economic activities of the Customer and to optimize it.
1.1.3.
Limited system functionality - enabling the Customer to create, change and provide access to the Customer's representatives to the limited functionality of the system, using the Contractor's services free of charge.
1.1.4.
Information materials - any textual, graphic, audio, video and mixed information materials.
1.1.5.
Service is software that can be accessed
1.1.6.
Personal Account is a function of the Site that allows you to track the receipt and expenditure of funds paid by the Customer for the provision of Services.
1.1.7.
Authorization data - data required to identify the user and use the Services, consisting of Login - unique identifier and Password - a set of symbols that protect access to the Customer's Account from unauthorized access by third parties . Details on the use of authorization data are described in the privacy policy.
1.1.8.
Tariff Plan - a detailed list of available Services, their characteristics and cost.
1.1.9.
Consultation - provision of information and consulting services by the Contractor
1.1.10.
Account - a set of Authorization Data, Sub-Domain and Customer Information Materials stored and processed in software and hardware complexes.
2.
Scope of the contract
2.1.
The Contractor undertakes to provide the Customer with Services in the form of access to the Site and its Services (hereinafter referred to as "Services"), according to the Tariff Plan selected by the Customer.
2.2.
Services begin to be provided to the Customer within 24 hours from the moment of registration of the Account on the Site and receipt of Authorization Data.
2.3.
The Customer has the right to use the Services without prepaying their cost using the Limited functionality of the system.
2.4.
The Customer has the right to use the Services according to the tariff plan in the paid period. At the end of this period, the Customer is obliged to pay the cost of the Services according to the selected Tariff Plan for further use of the Services. In case of non-payment for the Services, access to them is limited in accordance with the following terms of the Agreement.
2.5.
The Services are provided and received by the Parties via the Internet.
2.6.
The list of Services does not include the possibility of using the Services in the Contractor's office, setting up and / or diagnostics of equipment (personal computer, modem, etc.) and software of the Customer, both in the Contractor's office and with a visit to the Customer. also training in Internet skills.
3.
Terms of account registration
3.1.
The Customer has no right to rent, sell or in any other way provide account data for permanent or temporary, paid or free, possession and / or use to third parties (except for Users registered under the Account)
3.2.
The rights to use the functionality of the system according to the current tariff plan are granted to the Customer only for the period of use of the Services by the Customer, subject to payment for these Services.
3.3.
In case of non-payment for the site services, the customer has the opportunity to use the functionality of the system according to the previous tariff plan within 14 calendar days from the end of the paid period.
3.4.
In case of non-receipt of payment for the site services after 14 calendar days from the end of the paid period - the functionality of the system according to the previous tariff plan will be automatically disabled. The customer will be entitled to use only the limited functionality of the system.
4.
Rights and duties
4.1.
Responsibilities of the Customer:
4.1.1.
Timely and in full to pay for the Contractor's Services in accordance with the selected Tariff Plan.
4.1.2.
At the expense of the forces and means to provide to itself access to the Internet and to provide availability of the equipment necessary for this purpose
4.1.3.
Fully comply with and comply with the terms of the Agreement and other agreements governing the use of the Services, Services and Site.
4.2.
Responsibilities of the Contractor:
4.2.1.
Qualitatively, timely and in full to provide Service Functions to the Customer.
4.2.2.
Not later than 24 hours (twenty-four hours) to notify the Customer of preventive and repair work that affects the availability of the Services used by sending a warning to the e-mail address of the Customer.
4.2.3.
Maintain the confidentiality of the Customer's data in accordance with the "Confidentiality Agreement", the "User Agreement", this Agreement and applicable law.
4.2.4.
Inform the Customer in a timely manner about changes in the terms of the Services by publishing such information on the Site and / or by sending it to the Customer's e-mail address.
4.3.
Customer's rights:
4.3.1.
Require the Contractor to provide timely and high-quality Service Functions in accordance with the terms of this Agreement.
4.3.2.
Timely and in full to receive from the Contractor information (including in writing) on the quality, cost and procedure for providing Services.
4.3.3.
Delete the account on your own initiative from the system
4.4.
Rights of the Contractor
4.4.1.
In case of delay in payment for the Services for more than 14 (fourteen) days from the end of the paid period, as well as in case of breach by the Customer of the Agreement and / or agreements governing the use of Services, Site and Services, "User Agreement" confidentiality ", etc.) and / or violation of applicable law, the Contractor has the right to reduce the list of Services or suspend the provision of Services to the Customer by blocking access to the Customer's Account, Site, Services. The Contractor shall notify the Customer in writing 3 (three) working days (or other period) before the occurrence of such restrictions and blocking, indicating the reason for such blocking and, if possible, indicating the conditions under which access will be restored. In case of termination of the Services for the reasons specified in this paragraph, the Customer shall pay for the Services actually provided.
4.4.2.
At the end of 30 (thirty) calendar days from the moment of deleting the account at the initiative of the Customer - the Contractor has the right to destroy the Customer's Information Materials stored in it.
4.4.3.
In case of increased requirements of the Customer for functional, hardware and other resources provided within the Services, the Contractor reserves the right to offer the Customer to switch to another Tariff Plan.
4.4.4.
The Contractor has the right to engage third parties to fulfill its obligations under this Agreement. In this case, the Contractor remains responsible for the quality of the Services provided, subject to the limitations of liability provided by this Agreement.
5.
The cost of services and the order of calculations
5.1.
The cost of Services according to the Tariff Plan selected by the Customer at the time of concluding the Agreement is indicated on the website https: //systemator.pro/ua/tariffs-and-prices
5.2.
The minimum term for the provision of Services to the Customer who pays for the Services by non-cash transfer of funds is 1 (one) month. The Contractor shall start providing the Services only after receiving full payment for the given period.
5.3.
The Customer pays for the Services by transferring funds to the Contractor's accounts according to the provided details
5.4.
Services are provided subject to a positive balance on the Customer's Personal Account. The Customer is obliged to independently monitor the occurrence of a negative balance on his Personal Account. The Service automatically notifies the Customer of the negative balance 7 (seven) calendar days before its occurrence by sending an e-mail to the Customer's e-mail address.
5.5.
The Contractor has the right to unilaterally change the cost of Services and Tariff Plans. The changed cost of the Services and the Tariff Plans shall take effect from the date specified in the written notice of the Contractor.
5.6.
In case of disagreement of the Customer with the change of the cost of Services and / or Tariff Plans, the Customer is obliged within 7 (seven) days from the date of sending the Contractor information about the changes, notify the Contractor in writing by e-mail of his disagreement. In case of failure to reach an agreement between the Parties on changes in the terms of the Agreement, the Agreement shall be deemed terminated.
5.7.
When making a payment, the Customer is obliged to indicate in the payment document his Tariff Plan and the name of his Account, which was provided to him during registration and sent to the Customer by e-mail. If the Customer's Account is not specified in the purpose of the payment made by the Customer and credited to the Contractor's current account, the Contractor has the right not to provide the Services until the Customer confirms this payment to the account of a particular Account.
5.8.
Services are considered paid for the Account specified in the purpose of payment, regardless of who made the payment.
5.9.
The customer is independently responsible for the correctness of his payments. In case of change of the Bank's bank details, the new details may be brought to the notice of the Customer by sending a written notice. From the moment the Contractor sends a written notice of change in payment details, the Customer is independently responsible for payments made on previous bank details.
5.10.
The date of payment for the Services is the date of crediting funds to the current account of the Contractor.
5.11.
When creating a negative balance, the Customer is obliged to pay for the Services within 5 (five) working days for the billing period selected by the Customer in accordance with its Tariff Plan.
5.12.
Within 30 (thirty) calendar days from the moment of formation of the negative balance on the Personal account of the Customer, the Customer's Account and the Information materials stored in it are stored by the Customer. At the end of this period, the Contractor has the right to destroy the Customer's Account and the Information materials stored in it.
5.13.
If the Customer is unable to use the Services for reasons that depend on the Contractor, and provided that the Customer performs its obligations under the contract in good faith, the Contractor shall not charge for such non-provision of Services.
6.
Refund
6.1.
The Contractor shall refund the funds paid by the Customer within 30 calendar days after receipt of the payment by the Contractor at the request of the Customer by email This email address is being protected from spambots. You need JavaScript enabled to view it.. If more than 30 calendar days have passed since the date of receipt of payment by the Contractor - payment is refunded in proportion to the unused time of use of services.
7.
Procedure for delivery and acceptance of provided Services
7.1.
If necessary, at the initiative of one of the Parties, at the end of the accounting period for the provision of Services, the Parties may draw up an Act of acceptance and transfer of services provided.
7.2.
In case of drawing up the Act, the Customer is obliged to accept the provided Services, sign the act and return its second copy to the Contractor no later than 5 (Five) working days from receipt, or within the same period provide the Contractor with a reasoned refusal to sign the Act. in writing to the postal address of the Contractor: This email address is being protected from spambots. You need JavaScript enabled to view it..
7.3.
In case of non-compliance by the Customer with the deadlines specified in clause 5.1. Of the Agreement, the Services are considered accepted by the Customer in full and without comments.
7.4.
The Customer is responsible for the late signing and transfer to the Contractor of the acts of delivery and acceptance of the Services provided.
7.5.
Delivery to the Customer of the documents signed by the Contractor is carried out at the expense and means of the Contractor. Delivery of the documents signed by the Customer to the Contractor is carried out at the expense and means of the Customer.
8.
Responsibilities of the parties
8.1.
The Parties understand the specifics of data processing and transmission on the Internet, and therefore agree that the Contractor is not responsible for the inability to provide Services for reasons beyond its control, including but not limited to failures of third party software and hardware and / or transmission channels data that do not belong to the Contractor.
8.2.
The Contractor shall not be liable for any damages and uncollected benefits related to the use of the Service or Consultations by the Customer.
8.3.
The Contractor is not responsible for the content of any data and information materials created, processed, transmitted and received by the Customer or other users of the Site and does not indemnify for any damages caused by such data, their content and use.
8.4.
In the event that the Customer becomes aware of a breach by any other person of the terms of this Agreement, the "User Agreement", "Confidentiality Agreement" or any other agreement with the Contractor, the Customer must immediately notify the Contractor of such violations and take appropriate measures , within its competence, to stop such violations.
8.5.
In case of non-provision or poor quality of the Services, the Contractor shall pay the Customer a penalty of 5% of the cost of the Services for the respective month for each fact of such violation. Payment of penalties is made exclusively by deducting the amount of penalties from the cost of Services for the next reporting period.
8.6.
If the continuous period of violation of the Services exceeds 15 (fifteen) calendar days, the Customer has the right to terminate this Agreement unilaterally and demand a refund of the cost of non-provided or improperly provided Services.
8.7.
The Customer is responsible for the safety of its Authorization Data. In case of theft of the Customer's Authorization Data (Login and Password), the Customer has the right to send a written request to change the Password to the Contractor.
9.
Dispute resolution procedure
9.1.
All disputes between the Parties regarding the implementation of this Agreement shall be resolved through negotiations between the Parties. The parties shall establish a mandatory pre-trial form of dispute settlement by filing a claim in accordance with the applicable laws of the Contractor's country.
9.2.
Only those claims concerning the Services, which are declared by the Customer in writing and in compliance with the statute of limitations, established by the current legislation of the Contractor's country, are accepted for consideration by the Contractor. The term for consideration of the Customer's claims is not more than 30 (thirty) calendar days from the date of its receipt by the Contractor.
9.3.
In order to resolve technical issues, in determining the fault of the Customer as a result of his wrongful acts in using the Services, Service, Account and / or the Internet, the Contractor has the right to involve competent organizations as experts.
9.4.
The Parties agree that when considering disputes, the Parties have the right to provide as evidence a printout of e-mails (e-mail), with preserved official technical information in them (headings). If official technical information (headings) is missing, such a letter is not proof. The originality of the e-mail headers is confirmed by independent experts or the Internet service provider through which the e-mail was sent.
9.5.
In case of impossibility to settle disputes through negotiations, disputes shall be considered in the relevant court of the Contractor's country.
9.6.
In all matters not regulated by the Agreement, the Parties will be guided by the current legislation of the Contractor's country.
10.
Term of the contract
10.1.
The Agreement comes into force from the moment the Customer registers an Account on the Service and is valid for the entire period when the Contractor provides the Services and the Customer pays for them, but in any case until the Parties fully fulfill their obligations under the Agreement.
10.2.
The Agreement is also terminated in the case of:
10.2.1.
termination of the Agreement by agreement of the Parties;
10.2.2.
refusal of the Customer from the Services, of which he must notify the Contractor 5 (five) calendar days before the date of termination of the Agreement by sending a notice to the e-mail address of the Contractor;
10.2.3.
refusal of the Contractor to provide the Services after the expiration of the Agreement by sending a notice of termination of the Agreement to the Customer no later than 30 (thirty) days before the expiration of the Agreement;
10.2.4.
at the initiative of one of the Parties in case of gross and / or systematic violation by the other Party of the terms of the Agreement.
11.
Additional conditions
11.1.
The Customer confirms that at the time of account creation he is acquainted and fully agrees to use the terms of the "Privacy Agreement" and the terms of the "User Agreement" when using the Services and the Service.
11.2.
The parties have established that the titles of the chapters (articles) of the Agreement are intended solely for the convenience of using the text of the Agreement and have no literal legal interpretation.
11.3.
The Party whose changes in contact details have taken place (postal, legal, address, telephone, bank details, composition of contact persons and other data that may affect the fulfillment of the terms of the Agreement) is obliged to inform the other Party within 15 days changes.
11.4.
Each of the Parties is obliged to ensure the confidentiality of technical, commercial or other information obtained in the performance of the Agreement, which provides value due to its unknownness to others, and to take measures not to disclose such information. In case of termination of the Agreement, the transfer of such information to third parties, its publication or disclosure in any other way is possible only with the written permission of the other Party, regardless of the reasons and term of termination of the Agreement.
11.5.
The Parties shall be released from liability for partial or complete non-performance of obligations under this Agreement, if this non-performance was due to force majeure circumstances arising after the conclusion of the Agreement as a result of extraordinary events that the parties could not foresee or prevent by reasonable measures ( force majeure). The parties undertake to inform each other within 3 days of the occurrence of these circumstances.
