Information and consulting services supply agreement (public offer)
Kyiv City 2019
Code Space, Limited Liability Company, represented by director Sokolovsky Victor Serhiiovych, acting as per the Company Charter, hereinafter referred to as the – “PROVIDER”, invites any legally capable person to conclude this agreement according to the terms and conditions, specified in it. According to Article 633 of the Civil Code of Ukraine this agreement constitutes a public offer (public agreement), and in case of adoption of its terms and conditions (acceptance) the Customer undertakes to fulfill them in good faith. A failure to agree to the terms and conditions, specified in this agreement, causes an impossibility for the Provider to render services. Any purchase of a ticket to the Conference is a fact of unconditional acceptance of this offer.
DEFINITION OF TERMS
TestingStage Conference is an event, taking place on 21-23 of May, 2020, and arranged by the SW Testing and Automation. Statutory languages of the conference are Ukrainian, English and Russian. Arrangers are provided with no translation of reports
Conference Program is a list and procedure for reports of rapporteurs, offered by the PROVIDER. The program, specified on the official website of the Conference: https://testingstage.com/, is indicative. The PROVIDER can at its own discretion make any amendments to a list of reports and rapporteurs as well as to the procedure for their reports, notifying the CUSTOMER of such amendments via the official website of the Conference
- SUBJECT OF THE AGREEMENT
1.1. The PROVIDER undertakes to provide the CUSTOMER with information and consulting services (hereinafter referred to as the services) during TestingStage Conference according to the Conference Program, specified on https://testingstage.com/.
1.2. The CUSTOMER undertakes to accept all services provided and timely pay for them according to the terms and conditions of this Agreement.
- COST OF SERVICES AND SETTLEMENT PROCEDURE
2.1. The cost of services, specified on the website: testingstage.com, is valid as of the payment date. The PROVIDER reserves the right to change the cost, notifying the CUSTOMER of it via the website of the conference: https://testingstage.com/
2.2. The CUSTOMER shall make 100% advanced payment for information and consulting services unless otherwise agreed
2.3. The CUSTOMER shall make settlements for the services by transfer of an appropriate amount to the PROVIDER’s current account.
2.4. It is possible for the CUSTOMER to return any paid amounts during fulfillment of this agreement only according to the terms and conditions of the regulation on payment return, published on the website: testingstage.com, which is an integral part of this offer
- SERVICE PROVISION PROCEDURE AND TERMS
3.1. The services shall be provided through direct participation in the Conference according to the schedule, established by the PROVIDER, over time, specified on the website: https://testingstage.com/, on 21-23 of May, 2020.
- OBLIGATIONS OF THE PARTIES
4.1. The PROVIDER’s obligations:
4.1.1. To provide full and complete services of high quality.
4.1.2. To provide the services, engaging qualified providers and according to the Conference program.
4.1.3. To notify the CUSTOMER in a timely manner via the website: https://testingstage.com, of any amendments, made to the Conference program, as well as of any changes of the cost of services
4.2. The CUSTOMER’s obligations:
4.2.1. To ensure a turnout for acceptance of the services.
4.2.2. To timely pay for the services.
4.3. The CUSTOMER shall guarantee that all materials and an access to any electronic resources, received by it during the fulfillment of this agreement, will not be provided/transferred to any third parties, will not be copied or otherwise reproduced.
4.5. Each of the Parties shall undertake to ensure confidentiality and to provide any third parties with no materials of the Conference, including, but mot limited to, the Presentations, video records etc. without prior written concept of the other party, unless such materials are public.
- DISPUTE SETTLEMENT PROCEDURE
5.1. In case of any disputes arising during the fulfillment of this Agreement by the Parties, they shall take all necessary measures to settle them through negotiations. If it is impossible to settle them through negotiations any interested Party shall file a claim before a court of an appropriate jurisdiction according to the applicable legislation of Ukraine.
- FORCE MAJEURE
6.1. The parties are relieved from any liability for part or full non-fulfillment of their obligations under this Agreement, if it is caused by such force majeure events as: acts of God, fires, floods, strikes, military actions or any other events, if they affect performance of this Agreement by the Parties. Force majeure events mean circumstances arising during the term of this Agreement as a result of any events which cannot be predicted and avoided by the Parties.
6.2. The Party, for which conditions, preventing fulfillment of obligation under the agreement owing to any force majeure events, exist, shall immediately notify the other party in writing of such events existence, not later than 10 (ten) days after they arise. Such notification shall include information about the genesis and nature of such circumstances and their possible impact.
6.3. The certificate of the Chamber of Commerce and Industry of Ukraine constitutes proper evidence of force majeure existence.
6.4. In case of any force majeure events the PROVIDER shall take all necessary measures to timely provide full and complete services. That said, it does not need to return any amounts, received from the CUSTOMER, if any services cannot be provided, or in case of any essential change of their quantitative and qualitative characteristics.
6.5. If any force majeure events continue for more than 60 days, each of the Parties shall be entitled to initiate termination of this Agreement.
- INTELLECTUAL PROPERTY RIGHTS
7.1. Subject to all provisions of this Agreement, Civil Code of Ukraine, Laws of Ukraine “On copyright and related rights”, “On information”, the Parties agree that: – all materials, which will be used in order to perform this Agreement, are protected by copyright. – to all intellectual property items, provided by the PROVIDER during implementation of this Agreement, all and any exclusive property rights, including those specified in Article 424 of the Civil Code of Ukraine, to intellectual property (copyright) items from the date of such items creation are fully owned by their creators.
7.2. The CUSTOMER shall be entitled to use any materials only for the purposes of this Agreement fulfillment. In addition intellectual property rights to educational materials shall be retained by their creators. No provision of this Agreement shall mean a transfer of any intellectual property rights to informational materials and/or a permit to use such materials for any purposes other than specified by the Agreement, including transfer of them to any third parties
- TERM OF THE AGREEMENT
8.1. The Agreement shall come into force as soon as the Customer pays for participation in the Conference and shall be valid until the Parties fully fulfill their obligations.
8.2. The PROVIDER may unilaterally terminate this Agreement and cease the service provision if: – the CUSTOMER fails to fulfill its obligations under this Agreement, including in case of violation of the payment terms, specified in Clause 2.2 of this Agreement; – the CUSTOMER violates the PROVIDER’s internal code of conduct; – the CUSTOMER fails to present itself to accept the services, provided for by this Agreement; – any moral and ethical norms are violated during service provision by the PROVIDER; – the CUSTOMER refuses to accept the services. If the Agreement is terminated owing to any above mentioned circumstances, no payment, made by the CUSTOMER under this Agreement, shall be returned.
8.3. This Agreement may be terminated earlier upon the Parties’ agreement or by the Commercial Court decision.
- FINAL PROVISIONS
9.1. By signing this Agreement, the CUSTOMER provides the PROVIDER with the right to collect, process and keep its personal data, communicated to the PROVIDER via the website: https://testingstage.com/, or in any other manner, according to the procedure, provided for by the Law of Ukraine “On personal data protection”, as well as provides the right to include its personal data in the unified electronic database of TestingStage Conference participants and share it with the conference partners.
9.2. Upon mutual agreement the Parties may make all necessary additions and amendments to this Agreement which shall be valid after the Parties’ authorized representatives sign them. 9.3. All annexes, amendments and additions to this Agreement are its integral part. 9.4. The parties shall immediately notify each other of any change of their legal addresses, location and any other particulars. 9.5. This Agreement is made in two copies, having equal legal force, one for each party, keeping them.
- Particulars of the provider
Code Space LLC
38 Turhenivska St., suite 102/1, Kyiv City
Telephone: +38 096 631 62 57
Email for communication under this agreement: firstname.lastname@example.org
a/c 26003056218318 at PJSC CB “PRIVAT BANK”, Kyiv City,
Bank code 380269 USREOU code 40779812
Director V.S. Sokolovskii