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Public offer

1. General Provisions

1.1. This document, in accordance with the Civil Code of Ukraine, is an official proposal (public offer), hereinafter referred to as the “Offer”, of the “Broodex –Ukraine” company, hereinafter referred to as the “Contractor”, and contains all of the essential terms necessary for providing legal services in various areas of law, as well as services in the field of information technology, hereinafter referred to as the “Services”.

1.2. In accordance with Articles 641, 642 of the Civil Code of Ukraine (CC of Ukraine) , in case the terms set forth herein are accepted and the Services are paid for, a legal entity or an individual accepting this Offer becomes the “Customer” (acceptance of the Offer is equal to entering into a contract on the terms set forth in the Offer).

1.3. Taking into account that the Contractor, in accordance with Article 633 of the CC of Ukraine, provides Services to any legal entity, individual involved in entrepreneurial activities without forming a legal entity, or an individual, and the Customer, after acceptance of the public offer (hereinafter referred to as the “Offer”), becomes a user of the Services provided by the Contractor, the Parties hereby agree to unconditional and unreserved acceptance of the terms of this Offer and shall strictly comply with them.

1.4. In view of the above, read the Offer carefully, and if you do not agree with any of its provisions, the Contractor suggests that you do not use the Services.

1.5. Acceptance of the Offer is performed by pressing a button, putting a tick mark or in any other form that manifests acceptance of the terms (assent to the terms) thereof, and the subsequent payment of the Services fee to the Contractor.

in other words,

This document is an oral contract which you automatically agree to after accepting the terms of the registration or ordering. After the payment is made, all the terms of the contract shall come into force and effect.

1.6. Changes or amendments to this Offer shall not be valid unless a written Agreement is made. In this case, the Offer is an integral part of the corresponding written Agreement.

Amendments or supplements can only be made through signing a separate paper agreement.

1.7. Pressing a button, putting a tick mark or any other form of that manifests acceptance of the terms (assent to the terms) of the Offer implies authorization by the Customer (if the Customer is an individual) or an individual representing the Customer (referred to as the “personal data subject” in this paragraph of the Offer) of the processing of his or her personal data by the Contractor to fulfill the terms of this Agreement, make payments, as well as to receive invoices, statements and other documents. Authorization to use personal data is valid for the duration of the Offer, as well as for the next five years after its expiration. Destruction of personal data is a basis for termination of the Offer, provided that a written (paper) request is made by the client. In such a case, the Offer shall be terminated on the date specified in the reply of the Contractor. In addition, by accepting this Offer, the personal data subject confirms that he or she is notified (without special notice) about the rights according to the Law of Ukraine “About Protection of Personal Data”, the purposes of data collection, as well as the fact that his or her personal data are submitted to fulfill the terms of this Offer, make payments, receive invoices, statements and other documents. The personal data subject also agrees that the Contractor has the right to provide access to or submit his or her personal data to third parties without notifying the personal data subject additionally, provided that the purpose of the use of personal data remains unchanged. The personal data subject hereby confirms that he or she is aware of and understands his or her rights in accordance with the Law of Ukraine “About Protection of Personal Data.”.

If you are a natural person, you agree to submit your personal data, so we can fulfill your order. After all, if you do not allow us to use your data, we won’t be able to even call you, because we will not have the right to store your name and phone number. And if a trademark, a domain name, etc. is registered for a natural person, we will need your personal data to make you and only you an owner of the requested service.

2. Subject of the Offer

2.1. According to this Offer, the Contractor shall provide to the Customer the Services at the request of the Customer under the terms thereof based on the current rates (hereinafter referred to as the “Rates”) of the Contractor. Description of the Services, their list and information about the Rates for the Services can be found on the official website of the Contractor http://broodex.com, or can be calculated and specified in the appropriate invoice sent to the Customer before the start of providing the Services. A copy of the invoice is available on the Customer’s account page of the Contractor’s website immediately after the cost of services is calculated. The Contractor’s website, except for the Customer’s account page (login required), is a public resource open to all Internet users 24/7.

2.2. By accepting the terms of the Offer, the Customer agrees to pay for selected Services in accordance with Rates set forth on the official website of the Contractor or in accordance with the invoice issued.

2.3. The Offer is an official document with the proper legal effect and shall be published on the official website of “Broodex-Ukraine” LLC http://broodex.com.

2.4. The Customer agrees that all possible disputes regarding this Offer shall be settled in accordance with the laws of Ukraine .

What have we agreed upon?

We provide you with the services at the rates listed on the website, or according to the invoice. Your invoice and your order details are always available in your account (my.broodex.com). And you agree to pay for services after placing an order.

3. Rights and Obligations of the Parties

3.1. The Contractor’s responsibilities include:

3.1.1. promptly providing the Services to the Customer pursuant to the terms of the Offer;

3.1.2. maintaining confidentiality of the information received from the Customer or other sources, which goes beyond the terms of the Offer, in the course of the Contractor’s carrying out its obligations herein, in accordance with the current legislation of Ukraine;

3.1.3. immediately informing the Customer in case the materials provided do not comply with the Contractor’s requirements or the current legislation of Ukraine. This shall result in the postponement of the deadline for provision of the Services by the period during which the Customer provided appropriate adjustments to the Contractor;

3.1.4. after the services have been performed, providing the Certificate of Completion to the Customer within three (3) business days at the Customer’s request.

We shall provide timely and quality services and keep your secrets. If we see an error or discrepancy in the documents submitted by you, we will let you know immediately.

3.2. The Customer’s responsibilities include:

3.2.1. promptly providing all the necessary documentation for the Contractor’s review and further provision of the Services;

3.2.2. timely, accurately and fully providing to the Contractor all the necessary information related to the provision of the Services;

3.2.3. immediately notifying the Contractor in writing about its preferences related to the Offer;

You have to promptly provide all necessary documents and information that we may request. If you take your time, the order may be delayed, and this wouldn’t be through our fault.

3.2.4. signing the Certificate of Completion within ten (10) calendar days after the date of its receipt.

3.2.5. If the Certificate of Completion is not requested by the Customer within ten (10) calendar days after the correspondent notification by the Contractor about the completion of the services, or is not signed within ten (10) calendar days after its receipt, provided that the Contractor has not received reasonable grounds for the Customer’s refusing to accept the service (sign the Certificate), then the Certificate of Completion is deemed to be signed, and the Services provided are deemed to be performed properly and in full without any comments and complaints from the Customer. The legal implications of this are equal to the legal implications of signing the Certificate of Completion.

If you don’t request or sign the certificate of completion after we inform you that your order is completed, then we will consider that the work has been accepted in full, and we will dismiss all claims after 10 days.

3.3. The Customer has the right to inform the Contractor of the deficiencies found in the provision of the Services.

3.4. The Contractor shall have the right to get timely information necessary for provision of the Services.

3.5. The Contractor has the right to suspend provision of the Services with simultaneous notification of the Customer verbally or in writing, if: the Customer breaches any of its responsibilities or obligations agreed during the conclusion of this Offer (or any other Agreement with the Customer) or in the process of its implementation; the Customer for any reason creates the conditions of technical or economic nature, which will impede the normal execution of the Offer; the Customer fails to provide any materials in accordance with the terms of the Offer; the Customer fails to make timely or complete payment. In the above cases, provided that the causes of suspension of the Offer are not eliminated, the Offer can be terminated (through the Customer’s fault). In such a case the results of the work already performed are not provided to the Customer. The provision of the Services can be resumed only after the Customer eliminates the reasons which led to the suspension of the Services. The deadline for provision of the Services is automatically postponed by the period of inactivity.

If you notice that we are doing something wrong, do not hesitate to tell us.

Neither will we, in case you forget to submit something or do something. But both of us have to understand that if we do not resolve problems as soon as possible, the order may be delayed.

4 . Responsibilities of the Parties

4.1. The Contractor under any circumstances has no liability for:

  • a) any action/inaction resulting, directly or indirectly, from the action/inaction of any third parties;
  • b) any indirect loss and/or loss of profit of the Customer and/or third parties, regardless of whether the Contractor could foresee the possibility of such losses;
  • c) the use (inability to use) and any consequences of the use (inability to use) by the Customer of the payment method of its choice to pay for the Services under this Offer.
  • d) delay in the provision of the Services caused by the inefficiency of state bodies.

4.2 . In the event of non-fulfillment or improper fulfillment of their obligations under this Offer by either Party, the Parties shall be liable in accordance with the current legislation of Ukraine.

Please note that we accept no responsibility for any of your consequential damages or loss of profit. Also, we cannot be responsible for delay caused by bureaucracy of public authorities.

4.3. In the event of claims, disputes or penalties by third parties and/or regulatory authorities in connection to the provision of the Services according to this Offer, the Customer shall settle these issues on its own, without the involvement of the Contractor, and shall promptly compensate the Contractor in full for any damages and costs, including penalties, resulting from violation of the above rights, guarantees, etc.

4.4. The Contractor shall not be liable for the actions (or inaction) and decisions of state and other bodies related to the implementation of the Offer.

4.5. The Contractor shall not be responsible for the delay in the provision of the Services caused by the inefficiency of state and other bodies related to the implementation of the Offer.

4.6. The Customer is solely responsible for complying with all the requirements of the legislation of Ukraine and international laws, including responsibility for the contents of the Application.

Should somebody think that by placing an order for our services you have violated their rights, by no means can we bear any responsibility in this case. For instance, you order the registration of a well-known international trademark, and the owner of this trademark decided to defend his or her rights.

4.7. In the event of violation of any terms of the Offer by the Customer, the Contractor shall have the right to suspend the provision of the Services until the violations committed by the Customer are eliminated, and/or terminate the Offer by providing notification to the Customer in an e-mail sent to an email address specified when the Application was submitted.

If you violate the terms of this contract, we may suspend the provision of services, but we will definitely notify you should that be the case.

5. Terms and Procedure for the Provision of Services

5.1. According to the subject of the Offer, the Contractor shall provide the legal services agreed upon in various areas of the law and/or services in the field of information technology, at the request of the Customer.

We provide you with legal advice and related services, such as registering domain names for the trademark.

5.2. The Customer owns all property rights to the materials provided by the Customer to the Contractor, as well as to the materials created by the Contractor in the process of performing this Offer and paid for by the Customer.

5.3. By selecting a particular type (or several types) of Services and after reading the terms of the Offer, the Customer fills out and sends an Application form to the Contractor, or verbally communicates the content of the Application for the Services. Should the Contractor be unable to perform the services specified in the Application due to lack of the necessary information, the Contractor shall, within two business days, ask the Customer to provide additional material, information and documents. The deadline for provision of the Services is postponed by the period during which the Customer collects all information required by the Contractor (documents, data).

When you provide / submit to us any information, such as the name of your future trademark - we do not under any circumstances become the owner of that information. Our job is to make you the owner of your intellectual property, and you are the sole owner of both the submitted information and the results of our work.

5.4. On the basis of the Applications or verbal communication, the Contractor invoices the Customer for the selected Service (-s). Upon payment by the Customer of the amount specified in the invoice, this Offer is automatically considered to be concluded in full.

5.5. The Contractor shall commence to perform its responsibilities in accordance with the terms of the Offer the next business day after payment for the selected services has been made according to the invoices sent to the Customer, operating within the time frame for provision of the Services agreed with the Customer.

Once we receive your order, we send you an invoice.

After you pay the invoice, the contract is concluded in full and we begin to fulfill your order.

5.6. After the Contractor has performed its obligations under this Offer, the Customer accepts the work performed, as well as the Certificate of Completion sent to the Customer by the Contractor at its request subject to Articles 3.1.4 and 3.2.5 of this Offer. The Customer signs the Certificate of Completion pursuant to Article 3.2.4; should deficiencies be discovered by the Customer at the time of acceptance of the Services performed by the Contractor, the Customer shall immediately notify the Contractor by providing reasonable grounds for refusing to accept the Services, specifying the deficiencies and setting deadlines to overcome them. The Contractor shall remedy the deficiencies listed in the refusal within a reasonable time and provide a new Certificate of Completion to the Customer. If the Customer refuses to sign the new Certificate of Completion and fails to provide reasonable grounds for such refusal within 3 (three) days, the new Certificate is considered to be signed, and the work is considered to be accepted. In case Certificates of Completion are not issued, the work is considered to be accepted, if the Customer within 10 (ten) days fails to specify its claims in writing.

If you are not satisfied with the quality of work, you must notify us within 10 days of the date when we informed that the work is completed.

5.7. The Customer shall pay for the Services using one of the payment methods listed on the Contractor’s official website http://broodex.com. The choice and use of a particular payment method/form from those specified shall be at the sole discretion of the Customer. Security, confidentiality and other terms of the use of the payment method/form selected by the Customer are beyond the scope of this Offer and shall be regulated by agreements (contracts) between the Customer and relevant organizations.

5.8. The Contractor shall commence to perform its obligations under this Offer within 3 business days after the Customer confirms payment for the Services provided by the Contractor.

Pay for services as it suits you - after you click "Pay", you will see a list of available payment methods and are free to use your preferred method. If you don’t get notification that we have received your payment, please let us know that you have paid the invoice.

6. Duration, Changes to the Terms and Termination of the Offer

6.1. The Offer is valid from the date of its publication on the official website of the Contractor http://broodex.com, shall take effect from the date of acceptance of the Offer by the Customer and shall be valid until the fulfillment by the Contractor of the Services pursuant to this Offer.

6.2. Any changes and amendments to this Offer shall be invalid, unless a corresponding written document is signed and sealed by authorized representatives of the Parties.

The offer is valid from the date of publication on our website equally for all our customers. If you want special conditions, discuss them with the manager, and the manager will prepare a separate paper contract.

6.3. The Offer may be terminated, if the Parties agree to do so.

6.4. In the event that either Party fundamentally breaches the terms of this Offer, the non-breaching Party shall have the right to unilaterally terminate the Offer, provided that the other Party is notified in writing at least 14 calendar days before the termination.

6.5. Upon the termination or expiry of the Offer, all of the electronically stored information provided by the Customer to the Contractor shall remain intact for the period of time required by internal procedures.

6.6. The Contractor has the right to unilaterally amend this Offer for all of its customers, simultaneously publishing a new version on the Contractor’s official website, as well as notifying all customers of the Contractor by means of e-mail. Should the Customer disagree with the amendments, a separate written agreement is made to settle the disputes.

This contract can be terminated by agreement or unilaterally.

The terms of this contract can be changed for all of our clients at the same time, but first we have to notify you by e-mail and publish a new version of the contract on our website.

7. Warranties

7.1. Except for the warranties expressly set forth herein, the Contractor makes no explicit or implicit warranties for this Offer.

7.2. By agreeing to the terms (accepting the terms) of the Offer, the Customer represents and warrants that:

7.2.1. In the event that the Customer provides false information or materials to the Contractor, the Customer assumes all liability (including material damages) for any negative consequences related to the provision of the Services by the Contractor under this Offer;

7.2.2. The Customer enters the Offer voluntarily and confirms that:

  • a) it has read the terms of the Offer in full,
  • b) it fully understands the subject of the Offer,
  • c) it fully understands the significance and consequences of its actions resulting from the conclusion and execution of the Offer.

7.2.3 . The Customer has all the rights and powers necessary for the conclusion and execution of the Offer by the Customer.

7.3. All the provided information related to the execution of the Offer is confidential. The Parties shall not to disclose it to third parties or use it for any purposes not covered by the Offer.

7.4. The warranties set forth in the Offer are valid indefinitely and do not end with the expiry of this Offer.

You confirm that you have the right to conclude this contract with us, that you submitted accurate information, read the terms, fully understand the contents of the contract, and are fully aware of the consequences of breaching this contract.

Both you and we understand that all the information we have exchanged is confidential and cannot be shared with the third parties.

8. Force Majeure

8.1. The Contractor and the Customer shall be exempt from responsibility for non-fulfillment or improper fulfillment of their obligations under this Offer, if such non-fulfillment or improper fulfillment are due to Force Majeure which occurred after the conclusion of this Offer and implies the circumstances of unusual nature, unforeseeable and insurmountable by accepted means. Force Majeure refers to floods, fires, earthquakes and other natural phenomena, as well as wars, military conflicts, strikes, actions of state or other bodies, and any other similar circumstances which are beyond control of the Parties.

8.2. If Force Majeure lasts for more than 3 months, either Party may terminate the Offer.

If there is a force majeure, neither you nor we are responsible for performing this contract for the period of force majeure. If the force majeure event persists beyond a reasonable amount of time, then the contract can be terminated.

9. Miscellaneous

9.1. The Offer, its conclusion and execution are governed in accordance with the current legislation of Ukraine. All the issues unresolved by the Offer or resolved partially, shall be settled in accordance with the substantive law of Ukraine. Should a dispute that cannot be resolved through negotiations arise between the Customer and the Contractor in connection with this Offer, it shall be settled in accordance with the current legislation of Ukraine.

9.2. The Offer constitutes the entire agreement between the Contractor and the Customer. The Contractor shall not accept any terms or obligations in respect to the subject of the Offer, except those stated in the Offer and the confirmed Application, which govern the execution of the Offer, unless such terms or obligations are specified in writing and signed by the Contractor and the Customer. In case of conflict between the provisions of Supplements or an Application and the Offer, the provisions of the Offer shall prevail.

9.3. If any part of the Offer ceases to be valid or legal, or cannot be legally performed in accordance with the current legislation, then such provisions shall be replaced by a new provision which best serves the original intentions of the Offer; the other provisions of the Offer do not change and remain effective.

This contract is governed by the laws of Ukraine and constitutes the entire agreement between you and us. If any provision of this contract is found to be invalid or illegal, it will be replaced with the new text.