1. GENERAL PROVISIONS
1.1. This document is an official public offer from the service for hiring Benchie that acts based on the Charter (hereinafter referred to as the “EXECUTOR”) and contains all the essential conditions for the provision of information technology services.
1.2. By Articles 641, 642 of the Civil Code of Ukraine (Civil Code of Ukraine), if the conditions set forth below are accepted and the payment is performed, a legal or natural person which accepted them becomes a CUSTOMER (an acceptation of the offer is equal to conclusion of an agreement on the conditions set forth in the offer).
1.3. Taking into account that the EXECUTOR, in accordance with Article 633 of the Civil Code of Ukraine, provides services to ensure the use of the Benchie online system to any legal entity, an individual carrying out entrepreneurial activity without forming a legal entity, or an individual, and the CUSTOMER after acceptance the public offer (hereinafter referred to as the Offer) becomes a user of the CONTRACTOR's services, the Parties have agreed to the unconditional acceptance of the terms of this Offer and undertake to strictly observe them.
1.4. According to the foregoing, carefully read the text of this article, and if you do not agree with this, the EXECUTOR offers you to refuse to use the services.
1.5. Acceptance is the pressing of the button “Agree with the terms” and payment for the services of the EXECUTOR, in the case of paid tariffs.
2. SUBJECT OF THE OFFER
2.1. The subject of this Offer is the provision by the CUSTOMER on a paid or free basis of services to ensure the use of the Benchie online system by the CONTRACTOR, for a period and number of users, depending on the availability of funds in the CUSTOMER's account, and in accordance with the terms of this Offer at current prices (in hereinafter - to the PRICES OF THE EXECUTOR).
2.2. The Public Offer Agreement (hereinafter referred to as the AGREEMENT), additions to the public offer and PRICES are official documents of the CONTRACTOR and are published on the website https://benchie.co/.
2.3. The CONTRACTOR has the right to change the PRICES, the conditions of this Offer and the amendments to the Offer without prior approval from the CUSTOMER while ensuring the publication of the amended conditions on the server https://benchie.co/. Such changes shall enter into force from the moment of publication unless a different date of entry into force is additionally determined upon their publication.
2.4. By the terms of the AGREEMENT, the EXECUTOR assumes the obligation to provide the CUSTOMER with the services specified in this AGREEMENT and provides the services specified in clause 2.1. directly to the CUSTOMER.
3. RESPONSIBILITIES OF THE CONTRACTOR
3.1. Within the framework of this AGREEMENT, the CONTRACTOR undertakes:
3.1.1. assume obligations to provide the services specified in clause 2 of this AGREEMENT;
3.1.2. not to disseminate information received from the Customer or other sources affecting the interests of the CUSTOMER in the course of fulfillment by the EXECUTOR of its obligations under this AGREEMENT, by the current legislation of Ukraine;
3.1.3. in the event of circumstances that hinder the EXECUTOR's proper fulfillment of the obligations under this AGREEMENT, immediately inform the CUSTOMER about this;
3.1.4. ensure stable operation of the Benchie system for 98% of the time in terms of a month;
3.1.5. take any other measures necessary for the proper fulfillment of its obligations under the AGREEMENT.
4. RESPONSIBILITIES OF THE CUSTOMER
4.1. The CUSTOMER undertakes:
4.1.1. provide upon request to the EXECUTOR all the information that is needed to properly fulfill the obligation provided by this AGREEMENT;
4.1.2. if it's necessary, provide the CONTRACTOR with everything necessary to fulfill its obligations under this AGREEMENT in an appropriate manner;
4.1.3. to accept from the CONTRACTOR the services provided by him under this AGREEMENT.
4.1.4. pay for the paid services provided by the CONTRACTOR on the terms and in the manner specified by this AGREEMENT.
5. TERMS AND PROCEDURE OF RENDERING SERVICES
5.1. After reviewing the PRICES and selecting the type and tariff of the service, the CUSTOMER puts a mark on acceptance of the terms of this offer - acceptance. The public offer agreement for the provision of services is considered concluded from the moment of acceptance of the Offer and payment of paid services of the CONTRACTOR. After the conclusion of the Agreement, the CUSTOMER receives a notification to the specified mailing address with a link to the account created under the CUSTOMER.
5.2. Payment for all types of services, except for users of a free account with limited functions specified in the PRICES, is made by the CUSTOMER in advance in the amount of 100% (one hundred percent) of the cost of services agreed upon in the PRICES. The CONTRACTOR begins to perform additional services only after paying the full cost of such services.
5.3. Payment for paid services is made by the CUSTOMER by transferring the payment amount to the EXECUTOR’s current account. The crediting of funds, as well as the current balance, is displayed in the user's account in the Benchie system.
5.4. Services are considered paid by the CUSTOMER from the moment the funds are credited to the account of the EXECUTOR.
5.5. For this AGREEMENT, payment of the EXECUTOR’s paid services is accepted:
5.5.1. through branches of any commercial bank;
5.5.2. payment card through the CONTRACTOR’s website.
5.6. The CONTRACTOR shall begin to fulfill its obligations under the AGREEMENT from the moment of acceptance and payment of paid services.
5.7. Services are considered to be provided properly and in full after the expiration of the term for the provision of services and are considered accepted by the CUSTOMER if, within three business days from the date of completion of receipt of the CUSTOMER's services, no complaint has been filed.
6. ACCEPTANCE OF OFFERS AND CONCLUSION OF THE OFFER AGREEMENT
6.1. The CUSTOMER accepts the AGREEMENT by accepting the conditions of the OFFER through the interface of the System.
7. VALIDITY AND CHANGE OF OFFER TERMS
7.1. The offer is valid from the moment of publication on the Internet at https://benchie.co/, takes effect from the moment of acceptance of the offer by the CUSTOMER and is valid:
7.1.1. until the EXECUTOR fulfills obligations to provide paid services in the amount corresponding to the amount made by the CUSTOMER under the CONTRACT of prepayment (including re-made before the termination of the CONTRACT), or
7.1.2. until the termination of the AGREEMENT.
7.2. The CONTRACTOR reserves the right to amend the terms of the AGREEMENT and/or withdraw the AGREEMENT at any time at its discretion. In the event the CONTRACTOR makes changes to the AGREEMENT, such changes shall enter into force from the moment of publication, unless another date for the entry into force of the changes is specified additionally when they are published.
7.3. In case of withdrawal of the AGREEMENT by the CONTRACTOR during the term of the AGREEMENT, the AGREEMENT shall be deemed terminated from the moment of withdrawal.
8. TERMINATION OF THE OFFER AGREEMENT
8.1 AGREEMENT may be terminated by the CUSTOMER only in case of a significant violation of the AGREEMENT by the EXECUTOR by applicable law and the terms of the AGREEMENT.
8.2 AGREEMENT may be terminated by the CONTRACTOR at any time at its discretion by sending a written notice to the CUSTOMER. The AGREEMENT is considered terminated from the moment of sending the notification by the CONTRACTOR. The balance of the CUSTOMER’s funds shall be returned at the request of the CUSTOMER.
9.1. Except for the warranties expressly indicated in the text of the AGREEMENT, the CONTRACTOR does not provide any other express or implied warranties under the AGREEMENT and expressly disclaims any warranties or conditions regarding non-infringement of rights.
9.2. By agreeing to the terms and accepting the terms of this AGREEMENT by accepting it, the CUSTOMER shall certify the CONTRACTOR and guarantee to the CONTRACTOR that:
9.2.1. The CUSTOMER indicated his reliable personal data when registering to the CONTRACTOR and reliable personal data of the CUSTOMER when filling out payment documents for payment for services.
9.2.2. The CUSTOMER concludes the AGREEMENT voluntarily, while the CUSTOMER has fully read the terms of the AGREEMENT, fully understands the subject of the AGREEMENT, fully understands the meaning and consequences of his actions concerning the conclusion and execution of the AGREEMENT.
9.2.3. CUSTOMER (legal entity), has all the rights and powers necessary for the conclusion and execution of the AGREEMENT by the CUSTOMER.
10. RESPONSIBILITY AND LIMITATION OF THE CONTRACTOR'S RESPONSIBILITY
10.1. If for any reason the EXECUTOR does not begin to provide services, or begins to render services in violation of the deadlines, the CONTRACTOR's liability for the violation of the AGREEMENT and the CUSTOMER’s legal remedies in respect of such violation are limited at the EXECUTOR’s sole discretion solely to the compensation of automatically debited funds to the personal account CUSTOMER for the period of deferment of the provision of paid services.
10.2. The CONTRACTOR under no circumstances bears any responsibility under the CONTRACT for
10.2.1. any actions/omissions resulting directly or indirectly from the actions/omissions of any third parties;
10.2.2. any indirect losses and/or lost profits of the CUSTOMER and/or third parties, regardless of whether the EXECUTOR could have foreseen the possibility of such losses or not;
10.2.3. use (inability to use) and any consequences of use (inability to use) by the CUSTOMER of the form of payment for paid services of the contract selected by him.
10.3. The aggregate liability of the CONTRACTOR for the AGREEMENT, for any claim or claim in respect of the AGREEMENT or its execution, shall be limited to the sum of all payments paid to the EXECUTOR by the CUSTOMER under the AGREEMENT.
10.4. Without conflict with the above, the EXECUTOR is released from liability for violation of the conditions of the AGREEMENT if such violation is caused by force majeure circumstances (force majeure), including: actions of state authorities, fire, flood, earthquake, other natural actions, lack of electricity and/or malfunctions of the computer network, strikes, civil unrest, riots, any other circumstances, not limited to the above, which may affect the performance by the EXECUTOR of the AGREEMENT'S fulfillment and uncontrolled performers.
11. RESPONSIBILITY OF THE CUSTOMER
11.1. CUSTOMER bears all responsibility for
11.1.1. compliance with all legal requirements;
11.1.2. activation/deactivation of users of the account.
11.2. In case of violation by the CUSTOMER of the conditions of the AGREEMENT, the EXECUTOR has the right to suspend the provision of services until the CUSTOMER eliminates the violations and/or terminate the AGREEMENT by sending a corresponding notification to the CUSTOMER at the CUSTOMER's email address specified during registration. In case of termination of the CONTRACT by the CONTRACTOR in accordance with this clause, the CONTRACTOR is also entitled to collect a penalty from the CUSTOMER in the amount of the difference between the amount of the advance payment paid by the CUSTOMER for the provision of paid services and the cost of the paid services actually provided by the CONTRACTOR.
12. OTHER CONDITIONS
12.1. Current legislature. The AGREEMENT, its conclusion, and execution are regulated by the current legislation of Ukraine. All issues not regulated by the AGREEMENT or not fully settled are regulated following the substantive law of Ukraine. In the event of a disagreement between the CUSTOMER and the EXECUTOR regarding the AGREEMENT, which cannot be resolved through negotiations between the parties, shall be settled in the manner prescribed by applicable law.
12.2. Notifications. Any notifications under the CONTRACT may be sent by one Party to the other Party by e-mail, a) to the CUSTOMER’s email address indicated by him when registering the account, from the EXECUTOR’s email address indicated at the end of these conditions of the CONTRACT if the CUSTOMER is the recipient, and b ) to the email address of the CONTRACTOR indicated at the end of these conditions of the AGREEMENT from the email address of the CUSTOMER indicated by him when registering the account.
12.3. No waiver of the right. The CONTRACTOR's inability to exercise one or another right within the framework of the AGREEMENT, the authority or intention stipulated by the AGREEMENT, or insist on strict observance of the AGREEMENT by the CUSTOMER, does not mean the CONTRACTOR’s refusal of the terms and conditions of the AGREEMENT in the event of the next violation, or the waiver of his rights to demand compliance conditions of the AGREEMENT at any time thereafter.
12.4. The AGREEMENT constitutes the entire agreement between the CONTRACTOR and the CUSTOMER. The CONTRACTOR does not assume any conditions and obligations concerning the subject of the AGREEMENT, except those specified in the offer, which governs the execution of the AGREEMENT, unless such conditions or obligations are fixed in writing and signed by the CONTRACTOR and the CUSTOMER. In case any conditions of the Applications contradict the conditions of the Offer AGREEMENT, the provisions of the offer will prevail.
12.5. If any of the conditions of the AGREEMENT is recognized as invalid or illegal, or cannot come into force in accordance with applicable law, such a provision should be separated from the AGREEMENT and replaced by a new provision that best meets the original intentions contained in the AGREEMENT, while the remaining provisions of the AGREEMENT (offer agreement) do not change and remain valid.