Information and consulting services supply agreement (public offer)
Kyiv City 2022
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. Registration to the conference is a fact of unconditional acceptance of this offer
DEFINITION OF TERMS
Testing Stage Conference is an event, taking place on April, 21, 2023, and arranged by the PROVIDER to cover topics related to Testing. Statutory languages of the conference are English, Ukrainian and Russian. Arrangers are provided with no translation of sessions
Conference Program is a list and schedule of sessions and speakers, 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 sessions and speakers as well as to the schedule of event, 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 Testing Stage Conference according to the Conference Program, specified on https://testingstage.com/.
1.2. The CUSTOMER undertakes to accept all services provided according to the terms and conditions of this Agreement.
- COST OF SERVICES AND SETTLEMENT PROCEDURE
2.1. Participation in the event is free of charge. No mandatory payments required
2.2. Donations to support the project are fully voluntary and can be may according to the participant's free will. Donations are not refundable and don't provide the participant with any additional rights or services to demand.
- 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 April, 21, 2023.
- 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.
4.3. The CUSTOMER shall guarantee that all materials and an access to any electronic resources, received 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 not 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, epidemics or mass diseases, 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 registers 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.
9.2. By entering into 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, as well as provides the right to include its personal data in the unified electronic database of Testing Stage Conference participants and transfer it with the Conference partners.
9.3. By entering into this Agreement, CUSTOMER agree to receive commercial information, such as promotional emails, invitations and offers, from the Conference Partners listed on the page https://testingstage.com/partners/ to the e-mail address provided by CUSTOMER. Consent is voluntary and can be withdrawn at any time. Withdrawal of consent does not affect the lawfulness of the processing carried out before its withdrawal.
9.4. How the CUSTOMER’s personal data are used
The PROVIDER uses the information that is collected to provide the Services, to organize the Testing Stage Conference, to allow the CUSTOMER contact the PROVIDER, provide the CUSTOMER access to the Testing Stage Conference and for other purposes specified herein.
The PROVIDER can also process the CUSTOMER’s personal data if it is necessary to administer the contractual relationship between the PROVIDER and Conference partners in connection with the performance of the Agreement.
Conference partners may process the CUSTOMER’s personal data to develop and/or maintain business relations and communications, to provide the CUSTOMER information about vacancies, make job offers, etc.
9.5. What personal data will be processed
The PROVIDER collects the CUSTOMER’s personal data when the CUSTOMER submits the information through the form on the website, when the CUSTOMER connects account to third-party services or sign in using a third-party partner (such as Facebook, Telegram or LinkedIn) or otherwise make the information available for PROVIDER (by phone, email, etc.) or PROVIDER’s partners, as well as from publicly available sources. For example, Provider collects CUSTOMER’s full name, email, company name, position, phone number that CUSTOMER provides fills the registration form or contacting directly.
The PROVIDER may also collect, store and use any other personal data that CUSTOMER chooses to send to the PROVIDER. In cases where it is specifically stated that some data is not mandatory, the CUSTOMER is free not to submit this data. The PROVIDER’s website is not directed to children and the PROVIDER does not knowingly collect personal data from children.
If you are under 16 years of age (or any other age under the applicable law), then please do not use or access the website at any time or in any manner or contact us and provide the consent of your parent or legal guardian.
PROVIDER collects anonymous information from visits to the https://testingstage.com/ to help PROVIDER to provide better service. For example, PROVIDER records certain automatically collected information, which include IP address, web browser, OS, the web pages or sites visited just before or just after using the https://testingstage.com/, keep track of the domains from which CUSTOMER visits and PROVIDER also measure CUSTOMER’s activity on the https://testingstage.com/, but PROVIDER does so in ways that keep the information anonymous. PROVIDER uses this data to analyze trends and statistics, to prepare analytics for business intelligence, and to help PROVIDER to provide better service. CUSTOMER can determine if and how a cookie will be accepted by configuring browser, which is installed in the device CUSTOMER uses to access the https://testingstage.com/. If CUSTOMER desires, they can change those configurations in their browser to accept all cookies, to be notified when a cookie is sent, or to reject all cookies.
9.7. CUSTOMER’s rights
If CUSTOMER wish to access or amend any their personal data that PROVIDER hold, or to request PROVIDER to delete any information about, the CUSTOMER may contact the PROVIDER as set forth in the Contacts section. When technically feasible, PROVIDER will transfer CUSTOMER’s personal data to the CUSTOMER or transmit it directly to another controller. At any time, the CUSTOMER may also object to processing of their personal data for direct marketing purposes or ask PROVIDER to restrict processing of their personal data. If the CUSTOMER believes their right to privacy granted by applicable data protection laws has been infringed upon, please contact PROVIDER as set forth in the Contacts section. The CUSTOMER also has a right to lodge a complaint with data protection authorities.
9.8. Data processing and transfer
In addition to PROVIDER, in some cases, personal data may be accessible to certain types of persons in charge, involved with the operation of the https://testingstage.com/ or external parties (such as third-party technical service providers, hosting providers, communications agencies). These third parties may have access to, or process personal data as part of providing those services for PROVIDER. CUSTOMER’s information collected by PROVIDER may be stored and processed in Europe, the United States or Ukraine or any other country in which PROVIDER or its subsidiaries, affiliates or service providers maintain facilities. PROVIDER may transfer information that it collected about the CUSTOMER, including personal data, to affiliated entities, or to Conference partners across borders and from CUSTOMER’s country or jurisdiction to other countries or jurisdictions around the world. PROVIDER will comply with GDPR requirements providing adequate protection for the transfer of personal data from Europe to third parties, in particular, will enter into the standard contractual clauses approved by the European Commission. By submitting CUSTOMER’s personal data, CUSTOMER agrees to this transfer, storing and processing.
9.9. Integrated services
9.10. Data retention
PROVIDER keeps CUSTOMER’s personal data for as long as it is necessary to do so to fulfil the purposes for which it was collected as described above. The criteria PROVIDER uses to determine data retention periods for personal data includes the following: retention in accordance with legal and regulatory requirements. PROVIDER may retain and use CUSTOMER’s information in order to comply with PROVIDER’s legal obligations, resolve disputes, and prevent abuse.
PROVIDER endeavor to use appropriate technical and physical security measures to protect CUSTOMER’s personal data which is transmitted, stored or otherwise processed by PROVIDER, from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access.
- FINAL PROVISIONS
10.1. Provider reserves the right to change this Agreement at any time at its sole discretion. If Provider makes changes to this Agreement, they will be posted on the website so that the CUSTOMER is always aware of actual terms and conditions of this Agreement.
10.2. All annexes, amendments and additions to this Agreement are its integral part.
10.3. By registration for the Conference, 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 Testing Stage Conference participants and share it with the conference partners.
10.4. 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.
10.5. All annexes, amendments and additions to this Agreement are its integral part.
10.6. The parties shall immediately notify each other of any change of their legal addresses, location and any other particulars.
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
IBAN UA513510050000026009878981908 at JSC “UKRSIBBANK”,
USREOU code 40779812
Director V.S. Sokolovskii