Public Agreement (Offer) on Provision of Advertisement on the Website
Limited Liability Company BiMedis, acting on the basis of the Charter, hereinafter referred to as "Executor" on the one hand, offers any individual or legal entity, hereinafter referred to as "Customer", advertising services on the Internet (hereinafter referred to as "Services"). This is a Public Offer (hereinafter as Agreement) and according to Art. 633, 641 and Chapter 63 of the Civil Code of Ukraine its Terms and Conditions shall be the same for all Customers, the unconditional acceptance of Terms and Conditions shall be deemed as the acceptance of this Offer by the Customer and Executor.
1. General provisions
1.1. The Customer hereunder shall have the right to:
- Place an unlimited number of Ads on the website;
- Close unlimited number of transactions;
- Post your contact information on every Ad, and use them when sending messages;
- Make requests to translate the messages into the language of the Seller/Buyer;
- Sell equipment without any commission paid.
2. Rights and Obligations of the Parties
2.1. The Executor shall be obliged to:
2.1.1. Provide the services stated in paragraph 1 hereof, properly and in time, according to the Terms and Conditions hereof and within the framework of selected and paid amount by the Customer.
2.1.2. Not disclose the Customer's information, except as required by the current legislation of Ukraine.
2.1.3. Notify the Customer about changes of tariffs for Services, Terms and Conditions and payment methods including other Terms hereof not later than 10 working days before, by placing relevant information on the website of the Executor and notifying the Customer via e-mail address.
2.2. The Customer shall be obliged to:
2.2.1. Pre-pay the above stated Services on the Executor's website according to the Terms and Conditions hereunder.
2.3. Any third party (website Users) previously entered into an Agreement with the Customer shall have the right to leave a review about it, which will be placed by an authorized person of the Executor (by BiMedis Company manager) in the Review tab at the Personal Business Card of the Customer. Executor shall not be responsible for the content of the above stated reviews.
2.4. To ensure the safety of the Customer, BiMedis managers, if necessary, shall have the right to demand documents proving the identity of the Seller/Buyer, the detailed information about the company they represent, reviews from previous clients.
2.5. In case of BiMedis managers’ requests to the Customer are ignored and/or information provided by the Customer does not guarantee the reliability of the Seller/Buyer, this Agreement shall be terminated unilaterally by the Executor. In this case, the amount for the Services paid shall not be returned to Customer.
2.6. The Executor shall not be liable for the consequences of the Customer entering into Agreements with third parties outside the BiMedis website.
3. Works Cost and Payment Procedure
3.1. Regional PRO Account for the period of 12 months provides the possibility to select a region or a country for which the ads will be available. The cost of the Account ranges from 200 to 800 USD for advertising in one country. Each additional country increases the cost of the Account for 100 USD. The cost is calculated individually for every seller depending on the countries selected.
International PRO Account for the period of 12 months gives possibility to advertise ads worldwide. Service cost amounts to 1700 USD.
Payment shall be made by means of advance payments via Master Card and Visa.
3.2. The cost of Services and payment procedure may be changed by the Executor in accordance with paragraph 2.1.3. hereof. If the Customer does not agree with the relevant amendments, he/she shall notify the Executor of it in written (by e-mail) before the end of the introduction period indicated in the Executor's message. In that case, this Agreement shall be terminated upon the introduction of new payment conditions after the end of the period paid by the Customer. A failure by the Customer to send a notification shall mean his/her consent with the amendments and this Agreement shall be valid subject to the new Terms and Conditions.
3.3. All notifications about the deadline of the Services provision, as well as Certificates and other financial and general information shall be transmitted by the Executor to the Customer exclusively via e-mail. The Customer shall be responsible for the relevance and accessibility of its contact e-mail. The Executor shall not accept complaints about not received notifications, certificates and letters to the Customer's e-mail.
3.4. At the end of each month the Executor shall draw a Certificate of services rendered, which is sent to the Customer via e-mail. In case of absence of any objections from the Customer regarding the Certificate within 5 calendar days, such Certificate shall be deemed approved by the Customer.
4. Special Conditions and Responsibilities of the Parties
4.1. The Customer shall alone be liable to third parties for using their names, images, photos in advertising materials, which are placed by the Executor according to the Customer's request.
4.2. The Parties shall be obliged to ensure the confidentiality of network details (username and password) of the Customer.
5. The Cases of the Overwhelming Force (Force Majeure)
5.1. The Parties shall not be responsible for complete or partial failure to execute its obligations hereunder, if such failure is related to cases of overwhelming force (Force Majeure). Such cases include: natural disasters, accidents, public riots, strikes, war, illegal actions of third parties, epidemics, fires, effective date of the legislative acts, regulations and decisions of state authorities and other circumstances independent of the will of the Parties.
5.2. The Party referring to Force Majeure shall be obliged to notify the other Party in written within 5 days about the occurrence of such circumstances.
6. Other conditions
6.1. All rights and obligations hereunder shall not be transmitted. Any transfer or attempt to transfer the rights and obligations shall be considered invalid unless the Executor agrees in written.
6.2. This Agreement and any other documents shall be drawn up and are stored electronically on the website. Electronic signatures shall be valid, even if it's a computer signature or a click that confirms the Customers' consent. The Customer shall agree that these Terms and Conditions and any other existing documents relating to such Terms and Conditions shall be executed and delivered electronically and must be legitimate, valid, and enforceable.
6.3. In all cases not provided or specified herein, the Parties shall be governed by the current legislation of Ukraine.
7. The Agreement closing date, expiration date, changing and termination procedure
7.1. This Agreement shall be effective upon the payment by the Customer for the provided Services of the Executor and is valid for the paid period.
7.2. In case of violation of the Terms and Conditions by the Customer hereof, the Executor may terminate the Agreement unilaterally by sending a notification in written to the Customer via e-mail. The Agreement shall be considered terminated on the date of sending a relevant notification to the Customer.
7.4. Subject to all matters unsolved hereunder, the Parties shall be governed by the current legislation of Ukraine.
7.5. The Parties shall maintain confidential information related to this Agreement, and are obliged to use it only in order to execute its obligations hereunder.
7.6. This Agreement shall remain valid in case of change of address and bank details of the Parties, constituent documents, including the change of ownership, organizational and legal form, etc., as well as passport, contact and other information of the Customer-individual.
7.6.1. The Executor shall notify the Customer about the relevant changes made by means of posting a message on his/her website.
7.6.2. The Customer shall make appropriate changes by sending messages to e-mail of the Executor.
8. Dispute resolving
8.1. Disputes and controversies shall be resolved by the Parties through negotiations hereunder, and if no consent is reached - in accordance with the current legislation of Ukraine.