INDIVIDUAL ENTREPRENEUR Talapa Olena Oleksandrivna, acting on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations dated 06.02.2006 No. 23240000000008337, hereinafter referred to as the “Contractor”, on the one hand, and the person who joined this Agreement by accepting the offer to conclude this Agreement on the terms and conditions determined by the Contractor, hereinafter referred to as the “Customer”, on the other hand, hereinafter collectively referred to as the “Parties”, and each individually referred to as a “Party”, expressing their free will and guided by the norms of the current legislation of Ukraine and international law, have entered into this Service Agreement (hereinafter referred to as the “Agreement”) as follows:

1. GENERAL PROVISIONS

1.1. The Agreement is a public agreement within the meaning of Article 633 of the Civil Code of Ukraine and the relevant norms of international law, and the person who accepts the offer (public offer) to conclude the Agreement (accepts) becomes the Customer in accordance with Article 642 of the Civil Code of Ukraine, Article 11 of the Law of Ukraine “On Electronic Commerce” and the terms of this Agreement.

1.2. The Agreement is an offer (public offer) to an unlimited number of individuals and legal entities to conclude the Agreement with the Contractor by full and unconditional acceptance of the terms of this Agreement.

1.3. The terms of the Agreement shall be the same for all persons who have decided to accept the terms of this Agreement.

1.4. The purchase of any services and/or tickets and/or participation in voting by the Participant shall constitute unconditional acceptance of all terms and conditions of this Agreement.

1.5. Payment for the Contractor’s services by bank transfer on the basis of an invoice issued by the Contractor, including using an electronic payment instrument, shall be deemed to be accession to the Agreement. 

1.6. The Agreement shall be deemed concluded from the date of receipt by the Contractor of payment for services made by the Customer under the terms and conditions established by this Agreement.

1.7. If the Customer performs the actions stipulated in clause 1.5 of this Agreement, it shall be deemed to be the Customer’s acceptance of the offer to enter into the Agreement (acceptance), and also confirms the fact of full and unconditional acceptance by the Customer of the terms of this Agreement without any reservations or comments in accordance with Article 642 of the Civil Code of Ukraine. By accepting the Contractor’s offer (public offer), the Customer agrees to all the terms and conditions of this Agreement and confirms that it understands the content of the Agreement and the legal consequences of its conclusion. 

1.9. The Agreement shall be an electronic agreement within the meaning of Article 3 of the Law of Ukraine “On Electronic Commerce”, shall be concluded using available information and telecommunication systems and may not be invalidated due to its execution in electronic form. 

1.11. The terms used in this Agreement shall have the following meanings:

1.11.1. Public Offer means the Contractor’s offer to conclude the Agreement posted on the Contractor’s website and set forth by the Contractor in the terms of this Agreement, addressed to an indefinite number of individuals and legal entities;

1.11.2. Acceptance is the full, unconditional and unconditional acceptance by the Customer of the terms of the Agreement by paying for the Contractor’s services or in any other way agreed by the Parties;

1.11.3. The Customer shall mean a natural or legal person who receives services from the Contractor on the terms and conditions stipulated by the Agreement;

1.11.4. The Contractor’s Website is a set of web pages available on the Internet under the domain name tcpeuropageant.com;

1.11.5. Providers of intermediate services in the information sphere – telecommunication operators (providers), payment infrastructure service providers, registrars (administrators) assigning network identifiers, and other entities ensuring transmission and storage of information using information and telecommunication systems, which is created, used, distributed in accordance with the terms of the Agreement.

1.12. The Agreement shall be concluded on the basis of a proposal to conclude it (public offer) by the Contractor and its acceptance by the Customer.

1.13. The Contractor’s public offer is set forth in the terms of this Agreement.

1.14. The acceptance of the Public Offer is the implementation by the Customer of the actions specified in clause 1.5 of the Agreement, which result in the conclusion of this Agreement.

1.15. By concluding the Agreement, the Customer acknowledges:

1.15.1. complete and exhaustive familiarization with the Public Offer set forth in the terms of this Agreement;

1.15.2. unconditional and unreserved acceptance of the Public Offer set forth in the terms of this Agreement;

1.15.3. full understanding of the content of their obligations under the Agreement and the legal consequences of its conclusion.

1.16. Confirmation of the conclusion of the Agreement shall be a receipt, check, payment order, other settlement or cash document (in electronic and/or paper form) certifying the fact of payment for the services that are the subject of the Agreement in accordance with the requirements of the legislation of Ukraine, unless otherwise agreed by the Parties.

2. SUBJECT OF THE CONTRACT

2.1. Under the terms and conditions and in the manner prescribed by this Agreement, the Contractor shall provide, and the Customer shall accept and pay for, electronic tickets and/or vote on proposals set forth on the Contractor’s website, which are informational services and do not constitute state or commercial secrets, and do not violate the norms of European legislation on non-disclosure of personal data. 

2.2. The subject matter of the Agreement shall be electronic tickets and services for organizing online voting, which the Customer has selected from the list of services posted on the Contractor’s website.

2.3 The subject matter, method of provision and term (period) of provision of services shall be specified on the Contractor’s website.

2.4. The Contractor shall independently compile a list of services that may be provided to the Customer on the basis of this Agreement and post such list of services on the Contractor’s website.

2.5. The place of service provision is the territory of Ukraine.

3. PROCEDURE FOR THE PROVISION OF SERVICES

3.1. In order to receive services under the Agreement, the Customer shall register with the Contractor. through the Contractor’s website by ordering an invoice for payment for the Contractor’s services or paying for the Contractor’s services using an electronic payment instrument.

3.2. During registration, the Customer shall provide the Contractor with information about:

3.2.1. first name, surname and patronymic (if any) and/or title;

3.2.2. means of communication (phone number, e-mail address, etc.);

3.2.3. the number of participants of the event covered by the selected service.

3.3 If the Contractor needs additional information, he/she has the right to request it from the Customer. In case of failure to provide the necessary information by the Client, the Contractor shall not be liable for possible deficiencies in the primary documents and other documents drawn up in the course of fulfillment of the terms of the Agreement.

3.4. From the moment of registration, the process of concluding the Agreement shall commence and the Parties shall undertake to ensure that the conditions stipulated in the Agreement for its conclusion are met.

3.5. The Customer is responsible for the accuracy of the information provided during the registration.

3.6. The Customer shall register only after familiarization with the terms of this Agreement set forth on the Contractor’s website. 

3.7. After registration, an invoice for payment for the services selected by the Customer is sent to the Customer’s e-mail address, unless otherwise provided by the payment method chosen by the Customer.

3.8. Payment for the services according to the invoice is an agreement to receive the services selected by the Customer on the Contractor’s website.

3.9. The Services are provided by holding offline events (with the physical presence of persons in a certain place) and online events (via the Internet using remote viewing services), as well as in other forms and other ways determined by the Contractor.

3.12. The date of the event (start of the event) shall be indicated on the Contractor’s website.

3.13. The Contractor shall not be liable if the Customer misses the event that started at the time specified on the Contractor’s website or within 15 minutes after the time specified on theContractor’website Refunds for purchased services (tickets and/or online voting) are not provided either in full or in part.

3.14. The services are considered to be provided to the Customer from the moment of online voting by performing the service of including the Customer’s vote in the general list of votes, as well as – in case of selling electronic tickets – from the moment of the end of the event, which corresponds to the description provided on the Contractor’s website and does not require the preparation of an act of work performed (services rendered)

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 The Contractor has the right to:

4.1.1. receive information from the Customer necessary for the provision of services;

4.1.2. independently set the price of services and other terms of their provision by posting relevant information on the Contractor’s website;

4.1.3. to amend the Agreement by posting them on the Contractor’s website without special notice to the Customer;

4.1.4. store and process personal data received in the course of providing services in accordance with the requirements of the current legislation of Ukraine;

4.1.5. suspend the provision of services in case of untimely fulfillment by the Customer of its monetary obligations to pay for services;

4.1.6. fully or partially suspend the provision of services in case of impossibility to provide services due to technical or other objective reasons.

4.2 The Contractor shall:

4.2.1. provide services in accordance with the terms of this Agreement;

4.2.2. provide explanations on issues arising from the Customer in connection with the provision of services to the Customer;

4.2.3. provide the Customer with the opportunity to view online events in the manner prescribed by the Agreement;

4.2.4. provide services personally and/or with the involvement of third parties, while remaining fully responsible to the Customer for the provision of services;

4.2.5. ensure the protection of personal data received from the Customer.

4.3. The Customer has the right to:

4.3.1. receive services provided by the Contractor in accordance with the terms of the Agreement;

4.3.2. receive complete and accurate information about the scope of services provided, as well as explanations on issues arising from the Customer in connection with the provision of services to him.

4.4. The Customer is obliged to:

4.4.1. independently familiarize themselves with the terms of the Agreement posted on the Contractor’s website;

4.4.2. provide accurate and complete information necessary for the conclusion and performance of the Agreement;

4.4.3. pay for the services rendered in accordance with the terms of the Agreement at the prices determined by the Contractor;

4.4.4. immediately notify the Contractor of any changes in its details, circumstances and facts that are important for the provision of services under the Agreement;

4.4.5. not to copy or distribute without the written consent of the Contractor the consultations, materials, presentations, explanations, and other information received in the course of the Agreement;

4.4.6. provide the Contractor with premises and technical means (in case of rendering services at the Customer’s location).

5. PRICE OF SERVICES AND PAYMENT PROCEDURE

5.1. The price of the Contractor’s services is indicated on the Contractor’s website. 

5.2. The Contractor shall have the right to unilaterally change the price of any service by indicating the new price of the service on the Contractor’s website.

5.3. The cost of the services selected by the Customer shall be determined on the basis of the invoices constituting an integral part of this Agreement.

5.4. The Contractor shall not change the price of the service paid by the Customer.

5.5. The Contractor shall provide the Customer with services subject to their advance payment.

5.6. Settlements between the Customer and the Contractor shall be made by the methods specified on the Contractor’s website.

5.7. The payment shall be deemed completed from the moment the funds are credited to the current account of the Contractor. Responsibility for the correctness of the transfer of funds shall be borne by the Customer. All payments under this Agreement are non-refundable in any case, either in full or in part.

5.8. Payment for the services by the Customer means the Customer’s full and unconditional consent to the Public Offer set forth in the terms of this Agreement.

5.9. The price of the services includes taxes and fees (other mandatory payments) payable by the Contractor in connection with the fulfillment of the terms of the Agreement in accordance with the requirements of the current legislation of Ukraine.

6. RESPONSIBILITY OF THE PARTIES

6.1. The Parties shall be liable for breach of the Agreement in accordance with the provisions of the current legislation of Ukraine and the terms of this Agreement.

6.2. The breach of the Agreement shall be its non-performance or improper performance, i.e. performance in violation of the terms and conditions specified in the content of this Agreement.

6.3. The Contractor shall not be liable for improper fulfillment or non-fulfillment of the terms of this Agreement if the Customer has not provided the information and documents required for the provision of services, or if the information and documents are incomplete or contain contradictory and/or inaccurate information and/or documents.

6.4. The Customer is responsible for the accuracy and completeness of the information provided during registration. If the Customer fails to provide or incorrectly provides information about himself/herself, the Contractor shall not be liable for the Customer’s losses incurred as a result of refusal to refund the prepayment, provide services, and/or perform other actions due to the impossibility of correct identification of the Customer.

6.5. If payment systems are used to pay for services on the Contractor’s website, the payment infrastructure service provider shall be responsible for the correctness and timeliness of the transfer of funds, as well as the storage and processing of personal data and other information provided to initiate the transfer of funds in accordance with the procedure provided for by the legislation of Ukraine.

6.6. The Contractor shall not be liable for violation of the terms of the Agreement committed by it through the fault of the provider of intermediate services in the information sphere.

7. FORCE MAJEURE (FORCE MAJEURE) CIRCUMSTANCES

7.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if it occurred as a result of force majeure, i.e. extraordinary and unforeseen circumstances that arose after the conclusion of this Agreement, do not depend on the will of the Parties and are beyond their control, which include, in particular but not exclusively, hostilities, revolutions, coups d’état, natural disasters, man-made and other accidents, accidents in the power supply and communication system, strikes, lockouts, sabotage and terrorist acts, decisions of state and local authorities, epidemics, pandemics, emergencies that make it objectively impossible to fulfill the terms of the Agreement (hereinafter referred to as “force majeure”).

7.2. The Party for which force majeure has occurred shall notify the other Party within 3 (three) calendar days from the date when the Party became aware of the occurrence of force majeure and provide the other Party with the appropriate documents to confirm the force majeure.

7.3. From the moment the other Party receives a notice of force majeure, the fulfillment of the terms of the Agreement shall be suspended, and the term for fulfillment of obligations under the Agreement shall be extended for the period of force majeure. 

7.4. Suspension of the terms of the Agreement means that the Contractor shall cease to provide the services stipulated by the Agreement, and the Customer shall not make further payments for services that have not been provided, without negative consequences, penalties and liability for each of the Parties.

7.5. The Party for which force majeure has occurred shall notify the other Party of the termination of force majeure within 3 (three) calendar days from the date when the Party became aware of the termination of force majeure.

7.6. Each Party has the right to initiate termination of the Agreement if the duration of force majeure exceeds one (1) month.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. The Contractor shall have exclusive rights to intellectual property created during the performance of the Agreement, including the rights provided for by the legislation of Ukraine, the Berne Convention for the Protection of Literary and Artistic Works of 1886 and the Universal Copyright Convention of 1952, other international legal acts, namely

8.1.1. the exclusive right to use the intellectual property object;

8.1.2. the exclusive right to authorize the use of the intellectual property object;

8.1.3. the exclusive right to prevent the illegal use of the intellectual property object, including the right to prohibit such use;

8.1.4. other intellectual property rights that exist today or will appear in the future.

8.2. For the purposes of this Agreement, the objects of intellectual property are, in particular, but not exclusively, the Contractor’s website, information posted on the Contractor’s website, including texts, infographics, presentations, images, audiovisual works, etc., working and advertising materials, commercial communications, marketing research in paper, electronic or any other form, software, logos, graphics, sounds, etc. used or created by the Contractor in the course of fulfilling the terms of the Agreement.

8.3. The Contractor’s exclusive rights to intellectual property created in the course of the Agreement shall extend to the finished intellectual property (in electronic, paper and other forms), as well as to materials obtained in the process of its creation, audio and video recording, regardless of language and forms of expression, including data compilations and software.

8.4. The intellectual property objects owned by the Contractor may be used by the Client under a limited non-exclusive license, which excludes the possibility of the Client’s use of intellectual property objects in the field identical or related to the Contractor’s activities, as well as the possibility of the Client issuing licenses to other persons to use the Contractor’s intellectual property objects.

8.5. By granting the right to use the intellectual property objects to the Customer, the Contractor does not transfer exclusive intellectual property rights to such objects to the Customer and does not grant permission to use them for the purposes of carrying out activities identical or related to the Contractor’s activities.

8.6. The use of intellectual property objects by third parties is allowed only with the permission of the Contractor, except as provided by the legislation of Ukraine.

8.7. The Contractor shall use the intellectual property rights belonging to other persons on the basis of licenses, contracts or other legal grounds.

8.8. The Contractor may freely use its skills, know-how and experience, as well as use and disclose any generalized ideas, concepts, methods, techniques obtained or learned during the performance of the Agreement, without disclosing the confidential information of the Customer.

9. PERSONAL DATA

9.1. Each of the Parties agrees to the collection and processing of its personal data (including collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, sale, transfer), depersonalization, destruction of personal data, including with the use of information (automated) systems, as well as other activities that may be performed by the Parties in relation to personal data in written (paper), electronic and other forms), in particular, but not exclusively, the following personal data first name, surname, patronymic, date of birth, data of the identity document (number, series, date of issue, issuing authority, etc.), registration number of the taxpayer’s account card (tax number), extract from the state register of legal entities and individual entrepreneurs, taxation system, information on education and qualifications, telephone number, e-mail address and other data voluntarily provided in order to ensure the implementation of contractual relations between the Parties, accounting and management accounting, advertising 

9.2. The Parties undertake to ensure proper protection of personal data from unlawful processing and unlawful access by third parties, including taking the necessary measures to prevent disclosure of personal data of officials, employees, authorized representatives of the Parties, if such personal data was entrusted to the Party or became known to the Party in connection with the obligations under the Agreement.

9.3. By entering into the Agreement, the Customer confirms that he/she has been notified (without additional notice) of the rights of the personal data subject established by the Law of Ukraine “On Personal Data Protection”, the purpose of personal data processing, the composition and content of the collected personal data, as well as the conditions of access to personal data of third parties.

10. DISPUTE RESOLUTION

10.1. Disputes arising between the Parties in the course of performance of this Agreement or in connection therewith shall be resolved through negotiations.

10.2. All disputes between the Parties in respect of which no agreement has been reached may be referred to the courts in accordance with the requirements of the current legislation of Ukraine.

10.3. By mutual agreement of the Parties, the dispute may be referred to a mediator or other independent professional mediator for resolution.

11. TERM OF THE AGREEMENT

11.1. The Agreement shall enter into force on the date specified in Clause 1.6 hereof and shall remain in force until the Parties have fully fulfilled their obligations under the Agreement.

11.2. The Agreement shall be terminated early:

11.2.1. by mutual agreement of the Parties;

11.2.2. by a court decision that has entered into force;

11.2.3. on other grounds provided for by the current legislation of Ukraine and this Agreement.

12. 12. OTHER TERMS AND CONDITIONS

12.1. The Contractor shall have the right to unilaterally amend the Agreement by publishing amendments to the Agreement on the Contractor’s website. Amendments to the Agreement shall enter into force from the date of their publication on the Contractor’s website, unless another effective date is specified in addition when they are published.

12.2 The Contractor hereunder shall have the status of a single tax payer of the 3rd group.

12.3. On issues arising in connection with the conclusion, performance and termination of this Agreement and not regulated herein, the Parties undertake to be guided by the provisions of the current legislation of Ukraine, in particular the provisions of the Civil Code of Ukraine, the Commercial Code of Ukraine and the Law of Ukraine “On Electronic Commerce”.

12.4. If any provision of this Agreement becomes invalid, this shall not affect the validity of the remaining provisions of the Agreement. In this case, the Parties shall, as far as possible, try to agree on the replacement of the invalid provision with new valid provisions that allow to achieve the original intentions of the Parties as much as possible.

12.5. The Parties undertake to keep confidential the confidential information and trade secrets that they have become aware of in connection with the fulfillment of the terms of the Agreement, not to disclose the confidential information and trade secrets of the other Party, and not to use the relevant information in their own interests or the interests of third parties.

12.6 The Parties shall be solely responsible for the completeness and accuracy of the details provided by them in the documents. The Parties shall immediately notify each other of any change of name, legal form, location (place of residence), correspondence addresses, telephone numbers, e-mail addresses, bank and other account details. In the event of failure to notify, the guilty Party shall bear the risk of related adverse consequences (including tax consequences).

Individual entrepreneur Talapa O.O.

7/12 Malovnycha str., Uzhhorod, 88000, Ukraine

EDRPOU 2796713204

R/r UA 77 300528 0000026009001347118 

Bank JSC CB Privat Bank