1. General provisions
1.1. This document is an open offer (Offer) of FMP Company (hereinafter - Service Operator/Operator) to conclude a Service Agreement (hereinafter - Agreement) on the terms set forth in this Offer .
1.2. According to ст. 638 Civil Code of Ukraine, in the case of acceptance of the conditions set out in the Offer and payment of services, the natural or legal person who accepts this Offer becomes a User (acceptance of the Offer is equivalent to concluding of the Agreement on the terms set forth in the Offer) Service of electronic document management (hereinafter - User).
2. Definition of terms used in the Agreement
2.1. User - a natural or legal person who has registered on at least one of the Services of the Operator.
2.2. Services (each separate Service) - software products in the form of Web resources hosted on domain names of the Operator; software, modules running on the User device/s.
2.3. Parties (each individual Party) – User and Operator of Service/s.
2.4. Tariff of the Service Operator (Tariff) – the price of access to each of the Services, specified on a separate page "Prices" or "Tariffs" of each >Service separately.
3. Subject of the Agreement
3.1. The subject of the Agreement is the provision by the Operator of access to the User to the Service (hereinafter - the Services), which provides the User with the functionality of the paid Service according to the selected Tariff.
3.2. The User agrees to the terms and undertakes to comply with the terms of this Offer, and Privacy Policies, which are an integral part of the Agreement.
4. Terms of Service
4.1. Access to the Services is provided by the Operator to the User during the term of the Agreement, but, in any case, not earlier than the date of activation.
4.2. The date of commencement of provision of Services is one of the following events, whichever occurs first: (1) the date following the date of receipt of payment to the Operator's bank account of the advance payment in an amount not less than the price specified in the Tariff of the selected Service; or (2) the date of starting to use the Service by using bonus access.
4.3. Service Operator has the right not to start providing Services and not to provide User access to Service in case of lack of funds (prepayment ) on the personal account of the User or lack of access to the bonus account.
4.4. After the User fills in all sections of the registration form in the Services, the User acquires the status of a registered participant. The indication by the User of incomplete or inaccurate information when filling out the registration form is a reason for the refusal of the Service Operator to grant such User the status of a registered participant and access to the >Service. The Service Operator grants the User access to use the Service under the conditions stipulated in the Rules for using each Service separately.
5. Price of Services and terms of payment. Acceptance of the Offer
5.1. The price of Services is determined according to the Tariff chosen by the User.
5.2. Services are provided on the basis of 100% advance payment. In the event of a change in Tariffs, the Tariff prepaid but not used by the User continues to operate at the price that was valid on the date of payment of the bill by the User.
5.3. Actual Tariff is placed on each Service separately on specialized pages, such as "Prices", "Tariffs", etc.. Operator has the right to provide Services under special conditions, during promotions, information about which is posted on Internet sites and/or specialized pages of Internet portals, chat rooms, social networks Operator.
5.4. Parties may agree to apply individual prices for Services. The Offer from the Operator on the application of individual prices sent to the User is valid for 5 working days. Also, the Parties have the right to revise the prices for Services at any stage of execution of this Offer.
5.5. The fact of proper provision of Services by the Operator for the reporting month is evidenced by the signing by Parties of the Deed of provision of services, which is drawn up Operator in the form of an electronic document and submitted to the User for signature by the 5th of the month following the month in which Services were provided.
5.6. The User must accept the provided Services and sign the Act of provision of services within 3 (three) working days from the date their receipt from the Operator or, if the User has comments on the Act of provision of services and/or to Services, including their non-compliance with the terms of this Agreement, and/or in case of failures in the operation of the Service, and/or in case of discovery by the User if they have deficiencies, inconsistencies, errors, comments, etc., within the same period of 3 (three) working days, provide the Operator with a refusal to accept the provided Services and sign Act of provision of services, with a list of identified deficiencies, inconsistencies, comments and deadlines for their elimination (hereinafter - Reasoned refusal).
5.7. In the event that the User does not provide the Operator within the period defined in para. 5.5. Contract, signed by its party Act of provision of services or Motivated refusal, the services provided are considered to be accepted User.
5.8. The Operator, at its own discretion, may continue to provide access to the Service within 30 days after the volume of the Services actually consumed by the User of the Services exceeds the amount of the previous payment, entered by such User. In this case, payment for the Services provided by the User is made within 5 (five) working days from the day of receipt from the Operator Act of provision of services.
5.9. Payment for the provided Services is made in non-cash form by transferring funds by the User to the current account of the Operator specified in this Agreement.
5.10. The Service Operator has the right to revise the Tariff, at the same time, such changes shall enter into force from the moment of posting the changed Tariff, unless another term of entry into force of the changes is specified additionally with such placement.
5.11. The User, in case of disagreement with the revised Tariff, has the right to withdraw from the Agreement by notifying the Service Operator in writing or by means of telecommunications. If a refusal is not received, it is considered that the User agrees with the new Tariff.
5.12. The User accepts the Offer and conclusion of the Agreement by pre-payment of Services, in accordance with para. 5.1. Agreement.
5.13. The use of available access from the bonus account is not paid by the User.
6. Validity period and change of conditions of the Offer
6.1. Offer comes into force from the moment of posting on the Internet at the address: www.fmp.company/public-offer and is valid until the moment of withdrawal of the Offer by the Service Operator.
6.2. The Service Operator reserves the right to make changes to the terms of Offers and/or withdraw Offer at any time at its sole discretion. In the event that the Service Operator makes changes to the Offer, such changes enter into force from the moment of posting the changed text Offers on the website according to para. 6.1 of the Agreement to the address, unless another term of entry into force of the changes is additionally determined upon such posting. Service Operator informs Users about changes in conditions of the Offer and/or revocation of the Offer through a personal account or by Email.
7. Term of validity of the Agreement and termination of the Agreement
7.1. The Agreement enters into force from the moment of acceptance of the Offer by the User and is valid for 1 (one) year, but, in any case, until full implementation Parties of their obligations under this Agreement. If 10 (ten) calendar days before the expiration date of the Agreement, none of the Parties has notified the other of the termination of this Agreement, then the term of this Agreement is considered to be extended for each subsequent year.
7.2. The contract can be prematurely terminated:
- 7.2.1. At any time for
- 7.2.1. At any time with the consent of the Parties;
- 7.2.2. At the initiative of one of the Parties in case of violation by the other Party of the terms of the Agreement with written notification of the other Parties. In such a case, the Agreement is considered terminated from the moment of receipt by the Party that violated the terms Agreement, corresponding written notification from the other Party;
- 7.2.3. At the initiative of one of the Parties, subject to written notification of the other Party 10 (ten) calendar days before the date of termination of the Agreement;
- 7.2.4. For other reasons provided by this Offer (Agreement).
7.4. In the event of termination of the Agreement at the initiative of the Service Operator, except for cases of violation by the User of obligations in accordance with p. 3.2 of this Agreement, the Service Operator shall return to the User the cost of prepaid but not provided Services.
8. Privacy and Warranty Information
8.1. All information that the Parties exchange in order to fulfill the terms of this Agreement, including information about technologies and technical solutions used by the Operator Service, as well as any commercial information about the terms of cooperation between the Parties, is confidential and may not be disclosed and/or used without the written consent of the other Party, according with the exception of cases of forced disclosure at the request of authorized state bodies. In case of forced disclosure, the Parties are obliged to notify the other Party in writing immediately, but no later than within 3 (three) working days from the moment of forced disclosure. Notwithstanding the limitations set forth in this clause of the Agreement, the Parties agree that the Operator has the right to place the logo image User and his name on the Operator Service in the section "Our clients".
8.2. By agreeing to the terms and accepting the terms of this Offer through its Acceptance, the User certifies and warrants to the Service Operator that What:
- 8.2.1. The User provided valid data (including personal data of the User) when registering as a User on the Operator Services, as well as when issuing payment documents and when payment of Services;
- 8.2.2. The User concludes the Agreement voluntarily, while the User: a) has fully familiarized himself with the terms of the Offer, b) fully understands the subject Contract (Offer);
- 8.2.3. The User has all the rights and powers necessary to conclude and execute the Agreement.
8.3. By accepting this Offer, the User also agrees to the use of an electronic digital signature in the document flow with the Operator within performance of this Agreement. The Parties have agreed to use such an electronic digital signature in the manner and under the conditions stipulated by According to the Law of Ukraine "On Electronic Digital Signature", the Parties agreed that the additional use seal (electronic seal) for documents within the scope of this Agreement is not required.
8.4. The User guarantees that the person using the electronic digital signature of the User is a duly authorized representative of the User on legal grounds.
8.5. The User is obliged to keep his login and password for access to the Service confidential and protect against access by any persons not authorized to represent the User. The User agrees that all actions performed using his login and password are considered to have been performed by his duly authorized representatives.
8.6. The User does not have the right to refer to the performance of actions on his behalf by unauthorized persons as a basis for avoiding responsibility for the result of such actions and/or when resolving disputed situations.
9. Personal data
9.1. By concluding this Agreement, Parties grant each other the right and consent to the processing of their personal data indefinitely in accordance with Law of Ukraine "On Protection of Personal Data". For the purposes of this clause, personal data of Parties means personal data of representative(s) of Parties, their officers, owners/founders and/or shareholders/participants. The use and dissemination of information constituting the personal data of the Parties is carried out exclusively within the limits necessary to ensure the activity and/or protection of the interests of the Parties and the execution of the of this Agreement.
9.2. By concluding this Agreement, the Parties affirm that all provided information, which constitutes personal data, was provided by the Parties on legal grounds and they have the right to use and dispose of it.
10. Liability and limitation of liability
10.1. For violation of the terms of the Agreement the Parties bear the responsibility established by the Agreement and/or current legislation of Ukraine.
10.2. The User is fully responsible for:
- 10.2.1. content of information specified during registration, content of documents downloaded and forwarded when using Services.
- 10.2.2. the reliability and completeness of the data specified by the User when registering as a user and the reliability of the guarantees and certificates of the User contained in the section 8 Offers;
- 10.2.3. his/her actions while using the Services and actions of persons acting on his/her behalf using his/her personal identification data.
10.3. Taking into account the conditions of Section 10 of the Offer, the User undertakes to resolve disputes and settle claims of third parties at its own expense and posted/sent/received information and/or documents, or compensate for damages (including legal costs) caused to the Service Operator in connection with claims and lawsuits based on posting/sending/receiving information and/or documents of the User.
11. Dispute resolution procedure
11.1. All disputes and disagreements related to the Offer (Agreement) are resolved by the Parties through negotiations.
11.2. If the relevant dispute cannot be resolved through negotiations, it is resolved in court.
12. Force Majeure
12.1. The Parties are released from liability for partial, total non-performance or improper performance of obligations under this Agreement in the event that the failure or improper performance obligations are the result of force majeure, i.e. extraordinary and unavoidable circumstances that the Parties could neither foresee nor prevent their occurrence (circumstances of force majeure), namely: fires, floods, earthquakes, strikes , mass disturbances, rebellions, wars, or actions of state authorities and other circumstances that make it impossible for the Parties to fulfill their obligations, and if such circumstances directly affected the fulfillment of the Parties b> assumed obligations under the Agreement.
12.2. In the event of force majeure during the validity of this Agreement, fulfillment of obligations under this Agreement is postponed for the duration of force majeure.
12.3. The Party that cannot fulfill its obligations under the Agreement must immediately, but no later than after 3 (three) calendar days after the occurrence of force majeure circumstances, to notify the other Party in writing. The same applies to the moment of termination of the force majeure circumstance. Untimely notification of the occurrence of a force majeure circumstance deprives the relevant Party of the right to further refer to the above-mentioned circumstances as a basis for exemption from responsibility for non-fulfillment or improper fulfillment, in whole or in part, of the obligations assumed hereunder Contract. The occurrence of force majeure must be confirmed by a certificate from the relevant competent authority.
13. Details of the FMP Company
Private Entrepreneur Serhiш Sieroied
EDRPOU code: 3182810647,
IBAN: UA083220010000026005320064373
Bank Joint Stock Company UNIVERSAL BANK,
MFI 322001
Email: info@fmp.company
The main website of the company: www.fmp.company
Contacts:
Sales and ordering of services:
sales@fmp.company
+38(067)22-55-266
In case of questions, wishes, complaints, etc:
support@fmp.company
Service support