1. General Provisions
1.1. This document is the official Offer (Public Offer) of “undermrkt.com – instant eBay notifications” service (in the future referred to as “CONTRACTOR”). It contains all necessary conditions of rendering services in the field of informational technologies.
1.2. In accordance to the articles, 614 and 642 of Civil Code of Ukraine (CC of Ukraine) in case of acceptance of terms and payment of services listed below, legal entity or individual accepting this Offer becomes a CLIENT (accepting this Offer is equivalent to the conclusion of the Agreement on terms described in the Offer).
1.3. Bearing in mind that the CONTRACTOR under the article 633 of CC of Ukraine provides services to ensure the use of “underMRKT” online system to any legal entity or individual, carrying out the entrepreneurial activity, without legal education or merely an individual. After the acceptance of Public Offer, the CLIENT (in the future referred to as “Offer”), becomes the user of services of a CONTRACTOR. Sides agreed with absolute and unconditional acceptance of terms of this Offer and obliged to observe them faithfully.
1.4. Concerning the foregoing, read the text of this Offer attentively. If you do not agree with any paragraph of this Offer, the CONTRACTOR suggests that you withhold from using the services.
1.5. Payment for CONTRACTOR’S services will mean acceptance of this Offer, in case of fee-based tariffs.
2. SUBJECT OF OFFER
2.1. This Offer is for provision of free or fee-based services for the CLIENT, ensuring the use of online “underMRKT” system by the CONTRACTOR for a term depending on availability of funds on the CLIENT’s account, in accordance to the terms of this Offer at the current rates of a CONTRACTOR.
2.2. This Agreement of Public Offer (in the future referred to as “AGREEMENT”), additions to the Public Offer and TARIFFS, are the official documents of the CONTRACTOR that get published on the website https://undermrkt.com/
2.3. The CONTRACTOR has a right to change TARIFFS, terms of this Offer, and additions to the Offer without preliminary Agreement with the CLIENT while providing publication of changes on the https://undermrkt.com/server. Such changes come into effect from the moment of publication, if another term of coming into force is not determined additionally when published.
2.4. Under the terms of the AGREEMENT, the CONTRACTOR takes responsibility for rendering services to the CLIENT, specified in this AGREEMENT, and offers services indicated in paragraph 2.1. directly to the CLIENT.
3. CONTRACTOR’S RESPONSIBILITIES
3.1. Under this AGREEMENT, the CONTRACTOR undertakes to:
3.1.1. Accept responsibilities in the provision of services specified in paragraph 2 of this AGREEMENT;
3.1.2. Do not spread the information received from the Client or other sources, concerning the interests of the Client, during the implementation of responsibilities by the CONTRACTOR under this AGREEMENT, as per current legislation of Ukraine;
3.1.3. In case of any circumstances standing in the way of completing the duties by the CONTRACTOR under this AGREEMENT, to notify the CLIENT immediately;
3.1.4. Provide stable work of underMRKT system for 98% of the time in terms of a month;
3.1.5. Take any other measures necessary for the completion of responsibilities according to the AGREEMENT
4. CLIENT’S RESPONSIBILITIES
4.1. The CLIENT undertakes to:
4.1.1. Provide all the information to the CONTRACTOR upon his request necessary to complete his responsibilities in the provision of services specified in this AGREEMENT;
4.1.2. When necessary, provide the CONTRACTOR with everything required for the proper completion of his duties according to this AGREEMENT;
4.1.3. Accept the services from the CONTRACTOR provided by this AGREEMENT;
4.1.4. Pay for fee-based services provided by the CONTRACTOR according to the terms and order specified by this AGREEMENT.
5. TERMS AND ORDER FOR PROVISION OF SERVICES
5.1. After reviewing the TARIFFS and choosing the service type and tariff, the CLIENT accepts the terms of this offer. From the moment the Offer is accepted, and payment for the services of CONTRACTOR is made, the agreement of public offer for the provision of services is considered concluded. After signing the Agreement, the CLIENT receives a notification to the specified mailing address with a link to the account created for the CUSTOMER.
5.2. The CLIENT makes the payment for all types of services except for the users of free accounts with limited functions specified in the TARIFFS by payment in advance for 100% (one hundred percent) from the cost of services agreed in the COSTS. A price of additional fee-based services is determined by the CONTRACTOR, based on the terms agreed with the CLIENT, the notification of which is sent to the e-mail address of a CLIENT. Full payment of services is made by the CLIENT no later than 3 (three) calendar days after the notification of the CONTACTOR to the CLIENT about the total cost of additional services. The CONTRACTOR starts performing other tasks only after full payment of such services.
5.3. Services are considered paid by the CLIENT from the moment of payment through the Liqpay service.
5.4. With this AGREEMENT, payment for the CONTRACTOR’s paid services is accepted:
5.4.1. By a card through the website of the CONTRACTOR;
5.5. The CONTRACTOR begins to fulfill his obligations according to the AGREEMENT, from the moment of acceptance and payment of fee-based services, specified in paragraph 5.3. of this AGREEMENT. The time frame of the completion of fee-based responsibilities by the CONTRACTOR, according to this AGREEMENT, is limited by the availability of funds on the CLIENT’s account.
5.10. The services are considered to be adequately rendered in full volume after the expiration of term of provision of services and believed to be accepted by the CLIENT if there is no complaint made within three working days from the moment the CUSTOMER receives the services.
6. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE AGREEMENT OFFER
6.1. The CLIENT accepts the AGREEMENT by agreeing to the terms of OFFER through the System interface.
7. PERIOD OF VALIDITY AND CHANGES OF THE OFFER’S TERMS
7.1. The Offer is valid from the moment it is published via the Internet network at https://undermrkt.com/, coming into force from the moment the offer is accepted by the CLIENT and is active:
7.1.1. Until the responsibilities of paid services are completed by the CONTRACTOR in the volume corresponding to the amount of prepayment made by the CLIENT under the AGREEMENT (including repeated payment upon termination of this AGREEMENT), or
7.1.2. Until the moment of dissolution of the AGREEMENT.
7.2. The CONTRACTOR reserves the right to make changes in terms of the AGREEMENT and/or revoke the AGREEMENT at any moment upon his discretion. In case of any change made in the AGREEMENT by the CONTRACTOR, such changes come into force from the moment of publishing, if no other time for the changes to take effect is determined additionally when published.
7.3. In case of revocation of the AGREEMENT by the CONTRACTOR during the validity period of the AGREEMENT, the AGREEMENT is considered to be terminated from the moment of cancellation.
8. DISSOLUTION OF THE AGREEMENT OFFER
8.1. The AGREEMENT may be terminated by the CLIENT only due to a fundamental breach of the AGREEMENT by the CONTRACTOR according to the legislation and terms of the AGREEMENT.
8.2. The AGREEMENT may be terminated by the CONTRACTOR at any moment upon his discretion by sending the appropriate written notice to the CLIENT. The AGREEMENT is considered terminated from the moment the written notice has been sent out by the CONTRACTOR. The remaining funds of the CLIENT (in addition to the bonus) must be refunded upon the CLIENT’s demand.
9.1. Except for guarantees specified in the text of the AGREEMENT, the CONTRACTOR doesn’t offer any other straight or implied warranties by the AGREEMENT and expressly disclaims any warranties or terms of any kind concerning the violation of rights.
9.2. By agreeing to the terms and accepting the conditions of this AGREEMENT, the CLIENT assures the CONTRACTOR and guarantees that:
9.2.1. The CLIENT has provided to CONTRACTOR his correct personal information during his account registration and his registration of payment documents for services.
9.2.2. The CLIENT concludes this AGREEMENT at his own will and is entirely familiarized with the terms of this AGREEMENT, while fully understanding the subject of this AGREEMENT, the meaning, and consequences of his actions related to conclusion and execution of the AGREEMENT.
10. RESPONSIBILITIES AND LIMITATION OF CONTRACTOR’S RESPONSIBILITIES
10.1. If for any reason the CONTRACTOR doesn’t begin to render services or starts to perform functions with violation of the terms, responsibilities of CONTRACTOR for committing a breach of the AGREEMENT and legal remedies of the CLIENT related to such breach are limited at the CONTRACTOR’s own discretion, by exclusive deduction of funds to the private account of the CLIENT for the period of deferred provision of paid services.
10.2. The CONTRACTOR at no circumstances carries any responsibility according to the AGREEMENT for
10.2.1. Some kind of actions/inaction that is a direct or indirect result of actions/inaction of some third parties;
10.2.2. Some sort of indirect losses and/or lost profit of a CLIENT and/or third parties regardless of what the CONTRACTOR may have foreseen the possibility of such losses or not;
10.2.3. The use (inability of use) and whatever the consequences of using (impossibility of use) by the CLIENT of the chosen method of payment for services according to the AGREEMENT.
10.3. The aggregate liability of the CONTRACTOR, according to the AGREEMENT, for any claim or complaint concerning the AGREEMENT or its execution is limited by the sum of all payments paid by the CLIENT to the CONTRACTOR according to the AGREEMENT.
10.4. Without contradictions with mentioned above, the CONTRACTOR is free from responsibility for violation of terms of the AGREEMENT if this violation is caused by the action of circumstances of irresistible force (force-major), including acts of state authority, fire, flood, earthquake, and other natural disasters, absence of electric energy and/or failure of computer network, strikes, civil unrest, riots, or any other circumstances, not limited to listed above that may affect the completion of this AGREEMENT by the CONTRACTOR that are out of his control.
11. RESPONSIBILITIES OF A CLIENT
11.1. The CLIENT is responsible for
11.1.1. Compliance with all legal requirements:
11.2. If the CLIENT violates the terms of the AGREEMENT, the CONTRACTOR has a right to stop the provision of services until the moment the violations are eliminated by the CLIENT and/or terminate the AGREEMENT by sending a notification to the CLIENT’s e-mail specified during the registration. During termination of the AGREEMENT by the CONTRACTOR, according to this paragraph, the CONTRACTOR also has a right to collect the penalty from the CLIENT in the amount of difference between the amount of the advance payment paid by the CLIENT for the provision of fee-based services and the cost of fee-based services, actually rendered by the CONTRACTOR until the moment of dissolution.
12. OTHER TERMS
12.1. Current legislation. The AGREEMENT, its conclusion, and completion are regulated according to the current legislation of Ukraine. All questions that are not settled by the AGREEMENT or not fully settled are adjusted according to the substantive law of Ukraine. In case of disagreement between the CLIENT and the CONTRACTOR regarding this AGREEMENT, which cannot be solved through negotiations between the parties, it shall be settled under the procedure specified in the current legislation.
12.2. Notifications. Any notifications regarding this AGREEMENT may be sent by one PARTY to ANOTHER:
12.2.1. Using the e-mail address to the address of the CLIENT, specified at the account registration, from the e-mail address of the CONTRACTOR, noted at the end of the AGREEMENT Terms, if the recipient is the CUSTOMER, or to the e-mail address of the CONTRACTOR, noted at the end of the AGREEMENT Terms, from the e-mail address of the CLIENT, specified at the account registration;
12.2.2. Using the Internet messenger;
12.3. Absence of waiver of rights. The inability of CONTRACTOR to carry out a law within the AGREEMENT, authority or intent provided for in the AGREEMENT, or to insist on strict compliance with the conditions of the AGREEMENT by the CLIENT, does not mean the refusal by the CONTRACTOR from the terms and the time frame of the AGREEMENT in case of the following violation, nor the denial from his rights to demand the compliance with the terms of the AGREEMENT at any time thereafter.
12.4. This AGREEMENT presents a full understanding between the CONTRACTOR and the CLIENT. The CONTRACTOR doesn’t take upon himself any terms or responsibilities related to the subject of this AGREEMENT, except for those specified in the offer, by which the completion of this AGREEMENT is regulated, except for cases when these terms or responsibilities are made in a written form and signed by the CONTRACTOR and the CLIENT. If any terms of Additions contradict the terms of this Offer AGREEMENT, the terms of the Offer will prevail.
12.5. If any of the AGREEMENT terms are declared invalid or illegal or cannot come in force according to the current legislation, such provision should be highlighted at the AGREEMENT and changed for a new provision that is as close as possible to the initial intent contained in the AGREEMENT. Other provisions of the AGREEMENT (offer agreement) do not change and remain in force.
13. CONTRACTOR’S PERSONAL INFORMATION
Lviv region, Drohobych city
Hrushevsky st. 89/3/54