AGENCY CONTRACT-OFFER
(in the edition of August 15, 2024)
The Agent expresses his intention to conclude this Agency Agreement - Offer (hereinafter referred to as the "Agreement") on the terms contained in this Agreement, which is a Public Offer, with legal entities, natural persons-entrepreneurs and others specified below in clause 1.6. persons, hereinafter referred to as "Trading Partners", where the Agent and the Trading Partner are each individually referred to as a "Party", and collectively referred to as the "Parties".
1. BASIC CONCEPTS
1.1. Agent - as specified in 11.7. the real deal. The Agent is a Party to this Agreement and provides Services to the Trading Partner in accordance with the terms and conditions of this Agreement.
1.2. Public Offer - this document, located at: https://artpozolota.com/content/7-agentskij-dogovir-artpozolotacom
1.3. Acceptance of the Public Offer - full and unconditional acceptance of the Public Offer by the Trading Partner in accordance with the procedure provided for in clause 2.4. Public offer.
1.4. Site - a site located on the Internet under the domain name https://artpozolota.com, which contains information about the Goods sold by Trading Partners in the Marketplace of the relevant Trading Partner, where the Site Service allows the Trading Partner to place Advertisements for the sale of Goods.
1.5. Marketplace - the virtual space of the Site for the formation of legal relations between the Trading Partner and the Buyer regarding the purchase and sale of the Trading Partner's Goods. The Marketplace is a part of the Site, contains information about the Trade Partner's Goods, including their description, conditions of sale, return, exchange, as well as other information that is essential for the conclusion and execution of the contract of sale of the Goods. The Marketplace serves to provide an opportunity for Users to receive information about Trading Partners' Goods, to compare their offers, price and quality, and also provides an opportunity to conclude a contract for the sale of Trading Partner's Goods between the Buyer and the Trading Partner.
1.6. Trading Partner - the Party to this Agreement (individual, self-employed person (self-employed), legal entity or individual entrepreneur), who places an Advertisement for the sale of Goods on the Site, who accepted the Public Offer in the manner established by the Public Offer, and who receives funds from The Buyer for the sold Goods and pays the Agency Fee and other amounts due to the Agent or other persons in the cases stipulated by this Agreement.
1.7. Personal cabinet of the Trading Partner (according to the text of this Agreement - "Personal Cabinet") - personal closed section of the Trading Partner on the Site, which is a set of protected pages on the Site, created upon activation of the Personal Cabinet and containing data of the Trading Partner on the Site, in which the Trading Partner after its Authorization on the Site, the Services provided on the Site are available.
1.8. Authorization - the actions of the Trading Partner in the service, aimed at providing access to the Service interface and providing the opportunity to use the Service by entering their authentication data.
1.9. Buyer - the Site User who purchased the Trade Partner's Goods.
1.10. Service - a service available on the Site, which allows the Trading Partner to use all the functionality provided for him within the framework of this Agreement. The Service includes the interface, software and other elements (tools, algorithms, methods) necessary for the proper functioning of the Site and allow the Trading Partner to post, search and view information related to his Product, as well as any other possibilities and features available on the site. None of the provisions of this Agreement can be interpreted as the transfer of exclusive rights to the Service (its separate elements) to the Trading Partner.
1.11. Announcement - a public offer (public offer) of the Trading Partner, addressed to an unspecified circle of persons, on the sale of Goods by the Trading Partner, containing the price, conditions of sale and terms of delivery of the Goods, terms of return of the Goods, as well as other essential terms of the contract of sale of the Goods, is placed on the Site (including contact information, photos and any related information about the product).
1.12. Order - a request for the purchase and / or delivery of the Goods duly executed by the Buyer on the Site.
1.13. Closing the Order is the action of the Trading Partner or Agent in the Personal Cabinet, which confirms the fulfillment of the obligations to deliver the Goods to the Buyer or the Buyer's receipt of the Goods at the pick-up point.
1.14. Advertising Materials - affiliate links, promotional codes, buttons, banners, audio, video, audiovisual messages and materials, articles and other text messages, photos, graphic images, as well as advertising messages in any other form.
1.15. Content - any information in any form (including text, photos, graphic images, audiovisual works) that is posted, reproduced, made available to the public or individual information of the User or Business Partner on the Site.
1.16. Goods - goods, services (including certificates and other documents confirming the right to receive services), information and information about which is posted by the Trading Partner on the Site for the purpose of selling them to the Buyer via the Internet in the manner and on the terms established by this Agreement and the Agreement posted on the Site for the user. The rules applied to goods under this Agreement also apply to services to the extent that this does not conflict with current legislation, this Agreement, and the legal nature of the services.
1.17. Services - services provided by the Agent to the Trading Partner under this Agreement, including the use of the Site.
1.18. Agent's Remuneration - remuneration for the Agent's execution of the Trade Partner's order, which is determined as a percentage of the money paid by the Buyers for the Trade Partner's Goods sold to the Buyer.
1.19. Registration on the Site is a set of actions of the Trading Partner in accordance with the instructions specified in this Agreement, including the provision of Account Data and other information, using a special form of the Site interface for the purpose of forming a Personal Cabinet and obtaining access to individual Services of the Site.
1.20. Payment - cash, electronic money and other means used for online payments, paid by the Buyer in favor of the Trading Partner for the Trading Partner's Goods purchased with the help of the Agent Service.
1.21. Subagent Agreement - an agreement between the Agent and a third party concluded for the purpose of implementing this Agreement.
1.22. The user is a natural person who has and provides lawful access to the Site and its Services via the Internet, and also has sufficient rights to carry out operations on the above-mentioned site (including the possession of legal capacity to the extent that it is necessary for the execution of the relevant agreement), and does not have any restrictions under applicable law (including legal capacity to the extent necessary) that would prevent that individual from entering into relevant transactions on the Site in a lawful manner.
1.23. Account Data - unique login and password created independently by the Trading Partner during the registration process on the Site, or changed later by the Trading Partner through the Personal Cabinet, used to access the cabinet.
1.24. Agent's Remuneration - Agency's remuneration, as well as any other sums due to the Agent for the Services provided to the Trading Partner.
1.25. The User Agreement is a document (with all changes and additions to it, as well as all annexes to it), located on the Internet at the address: https://artpozolota.com/content/7-agentskij-dogovir-artpozolotacom
The User Agreement is an integral part of this Agreement and is used to regulate the legal relationship between the Trading Partner and the Buyer.
1.26. An event is an event organized by the Trading Partner for an unspecified wide range of Buyers (conferences, trainings, master classes, etc.).
1.27. Coupon for the Event (according to the text of this Agreement - "Coupon") - a document (electronic or otherwise) or record containing a bar code or other means of identification of such a document or the owner of the document, where such document or record certifies the right of their owner to attend the Event. The rules applicable to the Goods under this Agreement shall also apply to Coupons to the extent that this does not conflict with current legislation, this Agreement, and the legal nature of the coupon.
1.28. Trading Partner - Non-resident is a trading partner registered outside of Ukraine, and at the same time contains this Agreement with the Agent - Natural person-entrepreneur Danylo Pavlovich Kamishanov (abbreviated name - FOP Kamishanov D.P.) (see Clause 11.7.3. of this Agreement).
2. SUBJECT OF THE AGREEMENT
2.1. This Agreement defines the procedure and conditions for the provision by the Agent and use by the Trading Partner of the Site and its Service for the purposes set forth in clause 2.2. of this Agreement, including establishing the conditions and procedure for the sale of Goods by the Trading Partner through the Marketplace using the Site and its Service, delivery of the Goods to the Buyer by the Trading Partner himself or by the Agent on his behalf, and also regulates the rights and obligations of the Agent and the Trading Partner, which arise in connection with the use of the Service.
2.2. Under this Agreement, the Agent undertakes, for a fee, to perform the following actions on behalf of, on behalf of, and at the expense of the Trading Partner:
● organize the connection of the Trading Partner to the Site Service by providing the opportunity to create the Trading Partner's Personal Cabinet and the Trading Partner's account on the Site;
● provide the Trading Partner with the opportunity to use the Personal Cabinet, Site Services, and the opportunity to place ads on the Site Now;
● organize the delivery of the Trade Partner's Goods to Buyers (if the Goods are delivered not by the Trade Partner, but by the Agent or by third parties on his behalf);
● in case the Buyer returns the Goods to the Trading Partner - arrange delivery of the Trading Partner's Goods from the Buyer to the Trading Partner (if such delivery of the Goods is not carried out by the Trading Partner and not by the Buyer, but by an Agent or by third parties on his behalf), as well as assistance you to the Trading Partner and the Buyer in solving the issues arising in this connection;
● provide comprehensive assistance and support to the Trading Partner in matters related to the placement and publication of the Trading Partner's Announcements.
2.3. The agent acts within the framework of the Agreement under conditions of complete financial independence, at his discretion, based on market conditions. For this purpose, the Agent on its own behalf:
● concludes an agreement with a courier service for the delivery of Goods to Buyers or, on the instructions of the Trading Partner, organizes the delivery of Goods to the Buyer independently.
2.4. The Trading Partner accepts the Public Offer by ticking "I have read and agree to the terms of the offer" in the check box when registering on the Site or ticking "I have read and agree to the terms of the offer" when filling in the details for the payment of funds in the Personal Cabinet.
2.5. If the Trading Partner does not agree with any provision of this Agreement and (or) its annexes, he must immediately stop using the Agent's Services, having previously notified the Agent by sending a letter to the latter at the e-mail address specified in the details of this Agreement (Chapter 14 of this Agreement), and fulfill all its obligations to Buyers for already paid and/or accepted Orders.
2.6. The Trading Partner hereby confirms that it is aware of and agrees that in a situation where the legal relations between the Buyer and the Trading Partner related to the conclusion of the contract of sale of the Goods are governed by the law of the country (see 11.7. of this Agreement) where in some cases, there are special rules for the sale, delivery, exchange, return of certain types of Goods (including the absence of the Buyer's right to purchase, the right to purchase remotely, the right to exchange, the right to return certain types of goods), and such special rules provided by law of the relevant state, differ from the general rules set forth in this Agreement and the Agreement posted on the User's Website, the following special rules for the sale, delivery, exchange, return of certain types of Goods mentioned earlier in this offer shall apply to the relationship between the Buyer and the Trading Partner (for example, rules of sale, delivery, exchange, return of food products).
3. TERMS AND RULES OF REGISTRATION ON THE SITE
3.1. The use of the functionality of the Site and its Service is allowed only after the Trade Partner completes Registration on the Site and Authorization on the Site in accordance with the procedure established by the Agent. Registration of a Trading Partner on the Site means full and unconditional acceptance of the provisions of this Public Offer and other documents regulating the Site's activities.
3.2. The Trading Partner goes through the registration procedure on the Site by filling out the registration form on the page https://artpozolota.com/login.
Before registering on the Site, the Trading Partner is obliged to familiarize himself with the current legislation, as well as with all documents regulating the operation of the Site, which are posted on the Site.
3.3. When registering on the Site, the Trading Partner must specify:
3.3.1. If the Trading Partner is a legal entity:
● name of the legal entity;
● location of the legal entity;
● mode of operation of a legal entity;
● registration data of a legal entity in accordance with the legislation applicable to this legal entity;
● surname, first name, patronymic, passport data and contact data of the manager and/or representative of this legal entity (if necessary);
● e-mail address of the legal entity;
● phone number of the legal entity;
● login and password for access to the office.
3.3.2. If the Trading Partner is a natural person-entrepreneur, natural person or self-employed:
● surname, first name, patronymic, passport data;
● location (place of residence);
● mode of operation;
● registration data and data (EDRPOU Code);
● surname, first name, patronymic, passport data of the representative (if necessary);
● e-mail address;
● phone number;
● login and password for access to the office.
3.4. After filling out the registration form and clicking on the "Register" button, an email containing a link will be sent to the e-mail address specified by the Trading Partner when registering on the Site, which the Trading Partner must follow in order to confirm the Registration on the Site, the login and password, which can be changed A trading partner at any time in the Personal Cabinet.
3.5. Registration on the Site is considered completed at the moment the Trade Partner confirms his e-mail address by clicking on the link sent to the e-mail address of the Trade Partner specified during registration on the Site.
3.6. For each Trading Partner who registers on the Site, a unique account and Personal Cabinet is created to access the Site Services. After registering on the Site, the Trading Partner enters his Personal Cabinet by going through Authorization - entering his login and password and automatic Authorization using cookies.
3.7. Activation of the Personal Cabinet at the Trading Partner is carried out only after the Trading Partner provides the Agent in the Personal Cabinet with copies of the documents and information specified in clause 3.3. and Clause 4.3.1 of this Agreement. Access to the full functionality of the Site Services is granted to the Trading Partner after the Trading Partner deposits funds into the account in the Personal Cabinet.
3.8. Registering as a Trading Partner on the Site and specifying registration and other data, the Trading Partner bears full responsibility for their reliability, relevance, completeness, as well as compliance with current legislation of the information provided during registration on the Site.
3.9. The Site uses cookie technology for the Trade Partner's access to the Personal Cabinet, as well as for collecting analytics, including site visits.
3.10. The Trading Partner bears full responsibility for the security and preservation of his login and password, independently choosing the method of their storage, as well as for all actions performed using his login and password, and in addition, for any damage that may have been caused or caused by such its use. In this regard, the Trading Partner undertakes, among other things, to use licensed antivirus programs, to use complex alphanumeric combinations when creating a password, not to provide third parties with a computer, phone, tablet or other equipment with entered with the login and/or password (Account Data) of the Trading Partner, etc.
3.11. The Trading Partner is prohibited from transferring or in any other way bringing to the attention of third parties his login and/or password (Account Data). The Agent is not responsible for the loss or loss for any reason by the Trading Partner of its registration data, Account Data, including due to fraudulent or other illegal actions of third parties.
3.12. In the event that the Agent establishes that fraudulent or any other illegal actions have been committed by third parties in relation to the Trading Partner's Personal Cabinet, as a result of which the Trading Partner will suffer losses, the Agent shall not be responsible for the losses incurred by the Trading Partner.
3.13. If the Trade Partner is unable to perform the Authorization due to the loss of the password for any reason, the Trade Partner must fill out the "Password recovery" form, indicating the e-mail address or phone number that the Trade Partner specified when registering on the Site. After clicking the "Send" button, a link will be sent to the e-mail address specified by the Trading Partner, which you need to follow to recover the password (and / or the password will be sent to the telephone number specified by the Trading Partner). In case of impossibility of authorization due to the loss of the password for some reason, blocking of the Personal Cabinet, as well as for any other reasons, the Trading Partner has the right to contact the Agent by sending a letter to the Agent's e-mail address specified in section 14 of this Agreement.
3.14. The methods of restoring access to the Personal Cabinet, Authorization of the Trading Partner may be changed, canceled or supplemented by the Agent at any time unilaterally without any special notification to the Trading Partner.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The agent is obliged to:
4.1.1. Organize the interaction of the Trading Partner and Buyers for the purpose of buying, selling, and ordering Goods.
4.1.2. Ensure the technical serviceability of the Site, comply with the terms of this Agreement.
4.1.3. Ensure the delivery of the Goods from the Trading Partner to the Buyer (if the Goods are delivered not by the Trading Partner, but by the Agent or by third parties on his behalf).
4.1.4. Ensure the delivery of the Goods from the Buyer to the Trading Partner (if such delivery of the Goods is not carried out by the Trading Partner and not by the Buyer, but by an Agent or by third parties on his behalf) at the expense of the Trading Partner, if the Buyer refused the Goods for any reason (in particular, returned the goods of proper quality, refused to perform the sales contract in connection with the violation by the Trading Partner of the obligation to deliver the Goods within the established period).
4.1.5. Every day, through the Personal Cabinet of the Trading Partner on the Site, send the Trading Partner Notifications about the orders that the Agent has accepted from the Buyers (at the same time, the Trading Partner in the Personal Cabinet undertakes within 2 (two) working days from the day of receiving such notification from the Agent to confirm the fact of acceptance of the Order until the execution and/or readiness of the Goods specified in the notification for shipment for further transfer to the Buyer).
4.1.6. Maintain the confidentiality of data of Trading Partners.
4.1.7. Provide the Trading Partner with reports (see Appendix No. 3 to this Agreement) in accordance with Section 6 of this Agreement, as well as acts of acceptance and transfer of the Services provided (see Appendix No. 2 to this Agreement).
4.1.8. In the event of the Buyer's refusal of the sales contract due to the Trade Partner's breach of its obligation to deliver the Goods to the Buyer within the specified period, the Goods shall be returned to the Trade Partner. At the same time, Torgovy artner is obliged to compensate the Agent for the losses incurred (including the amounts that the Agent had to return to the Buyer).
4.1.9. Place, on the basis of the information provided by the Trading Partner, in the Marketplace of the Trading Partner, information about his full company name (name), about his location (address), about his mode of operation, about his registration data (for a Trading Partner - a legal entity), his surname, first name, patronymic (if available) and his registration data (for the Trading Partner - an individual entrepreneur), as well as the changes in the specified information brought to the Agent by the Trading Partner, if the Trading Partner did not do this independently.
4.2. The agent has the right to:
4.2.1. Without the consent of the Trading Partner, at its discretion, on behalf of the Trading Partner or on its own behalf, enter into sub-agency and other contracts related to the execution of this Agreement with third parties.
4.2.2. Request any (complete, comprehensive) information about the Goods sold by the Trading Partner in the Marketplace.
4.2.4. In the event of circumstances beyond the control of the Parties, which may, in the Agent's opinion, cause significant losses for the Agent and/or Buyers (at the same time, the decision on whether the losses are significant is made by the Agent alone without taking into account the opinion of the Trading Partner), suspend the Trade Partner's access to the Site Services for the duration of such circumstances.
4.2.3. Upon detection of a possible offense committed by the Trading Partner during the sale of Goods, or a violation by the Trading Partner of the terms of this Agreement, the Agent has the right to:
● unilaterally deny the Trading Partner access to the Site Service and delete the Personal Cabinet of this Trading Partner, if the Trading Partner has fulfilled all obligations under the Orders, as well as regarding the return of funds to Buyers;
● temporarily suspend the possibility of Ordering Goods in the Marketplace of the Trading Partner, the possibility of placing ads Now, restrict access to other Services of the Site, if the Trading Partner has not fulfilled all obligations under Orders, as well as regarding the return of funds to Buyers;
● put the Trading Partner on the "black list" and deny the Trading Partner cooperation and re-registration on the Site.
4.2.4. Unilaterally delete the Personal Cabinet of the Trading Partner without the consent and notification of the latter, if the Personal Cabinet has not been used by the Trading Partner for more than 3 (three) consecutive calendar months.
4.2.5. To provide the Trading Partner with additional Services, the scope, terms and other conditions of provision of which will be agreed between the Trading Partner and the Agent in addition.
4.2.6. Provide the Buyer with additional services, the price of which is paid by the Buyer at the time of concluding the sales contract (unless otherwise agreed between the Buyer and the Agent), with mandatory informing of the Buyer. Such services are provided by the Agent independently on his own behalf and are not the mandate of the Trading Partner.
4.2.7. Deviate from the instructions of the Trading Partner, if it is necessary in the interests of the Trading Partner and the Agent could not previously ask the consent of the Trading Partner for this, or did not receive an answer to such a request within 3 (three) working days after sending the corresponding request.
4.2.8. Close the Order placed by the Buyer on the Website in cases where the Trading Partner did not close the Order on his own, but at the same time there is either a confirmation of the delivery of the Goods received from the Buyer, or if there is a confirmation from the delivery service (courier) about the transfer of the purchased Goods to the Buyer, or if there is confirmation of receipt of goods by the Buyer at the pick-up point. In the above cases, the Order is closed by the Agent within 3 (three) working days from the day the Agent receives one of the confirmations mentioned above.
4.2.9. To carry out the necessary preventive or other work on the Site at one time or another at its discretion, lasting no more than 48 (forty-eight) hours, both with prior notification of the Trading Partner and without such notification.
4.3. The Trading Partner is obliged to:
4.3.1. To provide the Agent immediately after Registration on the Site (in any case, no later than the working day following the day of registration on the Site) to activate the Personal Cabinet of the Trading Partner, certified by a notary or an authorized person of the Trading Partner, copies of all necessary documents that meet the requirements of current legislation and indicated in the Personal Cabinet as mandatory.
4.3.2. Timely and fully pay the Agent the Agency Fee and other sums due to the Agent in the amount and manner established by this Agreement.
4.3.3. Provide the Agent with all reliable and necessary information for the fulfillment of obligations under this Agreement.
4.3.4. Within no more than 3 (three) working days from the date of receipt of the relevant notice from the Agent, prepare the Goods specified by the Agent in the notice for delivery to the Buyer, as well as inform the Agent about the readiness of the Goods for delivery in the Personal Cabinet (if the Goods are delivered not by the Trading Partner, but by the Agent or on his behalf by third parties).
4.3.5. Trading Partner r agrees that the Agent is not liable to the Trading Partner for the latter's losses or the risk of their occurrence, as well as for the occurrence or risk of occurrence of any type of damage, loss (including direct, indirect, consequential, punitive, any other damages or losses, actual damages caused by special circumstances of the case, etc.), claims, demands, costs (including court costs), including lack of liability
Agent to the Trading Partner for any fines, penalties, other sanctions imposed on the latter, both related and not related (directly or indirectly) to this Agreement.
4.3.6. To inform the Agent about any changes in his contact data or about the complete termination of his activity within 7 (seven) calendar days from the day of occurrence of the relevant circumstance.
4.3.7. Do not post information on the Site that may violate the rights of third parties to intellectual property objects.
4.3.8. Provide the Agent with information about the Goods actually sold by the Trading Partner for each of the Buyers and for each sales contract in the amount required by the Agent (the specified information is provided to the Agent on a monthly basis no later than the 3rd of the month following the reporting month), as well as to close the order issued by the Buyer on the Site order, if: 1) or there is a confirmation received from the Buyer of the delivery of the Goods, 2) or there is a confirmation from the delivery service (courier) about the transfer of the purchased Goods to the Buyer, 3) or if there is a confirmation of receipt of the Goods by the Buyer at the pick-up point (in the above in such cases, the order is closed by the Trading Partner within 3 (three) working days from the date of receipt of one of the confirmations mentioned above).
4.3.9. Independently and properly fulfill the obligations to the Buyers under the sales contract, as well as independently settle any claims of the Buyers related to such obligations, including claims regarding the quality of the Goods and guarantees (applying to the terms of the Trade Partner's relationship with the Buyer , among other things, and the terms of the User Agreement posted on the site).
4.3.10. To comply with the requirements of the current legislation, as well as the legislation of other states and norms of international law (if it is necessary to apply the legislation of other states and norms of international law, respectively) in the part that concerns, in particular, the quality of the Goods, as well as the observance of consumer rights. In the event of non-compliance by the Trading Partner with the above conditions, the Trading Partner undertakes to compensate the Agent for all losses incurred by the latter in this connection in full, as well as reputational damage caused by the Trading Partner's non-compliance with the requirements of current legislation (including the current legislation of other states and norms international law).
4.3.11. Provide the Buyer with quality Goods. At the same time, information on the terms and conditions of returning the Goods, providing guarantees for the Goods should be set out in the User Agreement.
4.3.12. In the event of the occurrence of a circumstance in which it is necessary to fulfill the warranty obligations regarding the Product, the Trading Partner immediately eliminates the shortcomings (defects) of the Product or changes the Product. After that, the Trading Partner signs with the Buyer the corresponding act of completed works and provides a guarantee for the Goods in accordance with the terms established by the manufacturer and the manufacturer of the Goods or the current legislation.
4.3.13. Indicate in the Marketplace and Announcements up-to-date and reliable information about the main consumer properties of the Product, about the full business name of the Trading Partner, about the location of the Trading Partner, its mode of operation, identification code of the legal entity - Trading Partner (for the Trading Partner - a legal entity), about surnames , name, patronymic and identification code of a natural person as a natural person-entrepreneur - Trading Partner (for a Trading Partner - natural person-entrepreneur), about the place of manufacture of the Goods, about the price and conditions of purchase of the Goods, about its delivery, service life, term validity and warranty period, about the order of payment for the Goods, as well as about the period during which the offer to conclude a contract of sale of the Goods is valid.
4.3.14. Enter into a sales contract (with the obligation to deliver the Goods to the address specified by the Buyer or without the obligation to deliver the Goods) with any person who expresses the intention to purchase the Goods offered in the Announcement. At the same time, the price of delivery of the Goods to the address specified by the Buyer is calculated during the order process (based on the delivery address specified by the Buyer) and is paid by such Buyer in addition to the price of the Goods.
4.3.15. When using the Services, comply with the requirements of this Agreement regarding providing the Agent with information and documents necessary for the identification of the Trading Partner as a Party to the Agreement, including when the Trading Partner sends statements, messages and other documents and information to the Agent's address.
4.3.16. If the activities of the Trading Partner and / or the Goods are subject to licensing and / or mandatory certification, provide the Agent with duly certified copies of the relevant licenses and / or certificates no later than 2 (two) working days before the posting of the relevant Advertisement, as well as after the posting of such Advertisement - within 1 (one) working day from the day the Trade Partner receives the relevant request from the Agent.
4.3.17. Immediately (no later than the next working day after the change of the relevant information) place in the Marketplace the relevant and reliable information specified in clause 4.3.13. of this Agreement, in case of changes or additions to this information.
4.3.18. Every month, no later than 3 (three) banking days from the moment of receiving the report and the act of acceptance and transfer of the performed Services from the Agent, pay the Agent's Fee, pay the cost of additional services provided by the Agent.
4.3.19. Within 1 (one) working day from the day of making changes or additions to the information specified in clause 4.3.13. of this Agreement, notify the Agent of these changes and/or additions either through the Personal Cabinet or by sending a corresponding letter to the Agent's e-mail address specified in section 14 of this Agreement.
4.3.20. Pay all necessary taxes independently.
4.3.21. Immediately provide the Agent at his request with all documents and information confirming the legality and guarantees of holding the Event on the date and time indicated by the Trading Partner.
4.3.22. At the Buyer's request, refund the Buyer the full value of the coupons sold using the Site, if this request is received by the Trading Partner before the date of the Event.
4.3.23. The Trading Partner understands and agrees that all actions performed within the Site Service, Personal Cabinet, including non-cash payment, are considered perfect by the Trading Partner.
4.4. The Trading Partner has the right to:
4.4.1. To monitor with the help of the Personal Office the actions of the Agent, carried out by the latter within the framework of this Agreement, without interfering with the technical and any other work of the Agent.
4.4.2. Receive the Agent's reports on the execution of the Trade Partner's orders (see Appendix No. 3 to this Agreement).
4.4.3. Change and update information on your Product in your Personal Cabinet and add related materials (video, audio, photo).
4.4.4. View orders from Buyers in the Personal Cabinet.
4.4.5. To receive funds according to the requisites specified by the Trading Partner for the transfer of Goods of appropriate quality to the Buyer.
4.4.6. To receive in the Personal Cabinet, as well as the necessary documentation for the complete and completed Orders.
4.4.7. Contact the Agent regarding the use of the Service, as well as send the Agent for consideration of complaints against users, other Trading Partners using the details specified in section 14 of this Agreement or through the feedback form in the Personal Cabinet.
4.4.8. In case of illegal termination of the sales contract with the Buyer, the Trading Partner is independently responsible to the Buyer, including according to the legislation on the protection of consumer rights. In addition, in case of illegal termination of the sales contract with the Buyer by the Trading Partner, the Agent has the right to issue a warning to the Trading Partner.
4.4.9. Use other available functionality of the Service without restrictions, unless otherwise stipulated by this Agreement, the law or the Agent's decision.
5. PRICE OF AGENT SERVICES AND PROCEDURE OF SETTLEMENTS
5.1. Every month, no later than 3 (three) banking days from the moment of receipt of the report and act of acceptance and transfer of the performed Services from the Agent, the Trading Partner pays the Agent the Agent's Fee for the execution of the Trading Partner's order (the amount of which is set as a percentage of the price of the sold Goods and / or coupons in Appendix No. 1, which is an integral part of this Agreement), as well as other sums due to the Agent. The Agent reserves the right, within the framework of cooperation with a specific Trading Partner, to set a different amount of the Agency Fee, if this does not contradict the current legislation.
5.2. The Trading Partner's payment obligations are considered fulfilled from the moment the Trading Partner credits the Agent's bank account with the full amount due to him.
6. AGENT'S REPORT
6.1. Unless otherwise agreed by the Parties, the Agent shall, no later than the 5th day of the month following - see Appendix No. 2 to this Agreement) to the Trading Partner in accordance with clause 6.3. the real deal.
6.2. In the event that the Trading Partner has not concluded any sales contract in the reporting month, the Agent has the right not to provide the Trading Partner with either a report on the Services provided or an act of acceptance and transfer of the Services provided.
6.3. The Agent's reports on the services provided are compiled and sent to the Trading Partner (together with the act of acceptance and transfer of the Services provided - see Appendix No. 2 to this Agreement) to the e-mail address specified by him during registration on the Site, as well as by placing these documents in the Personal Cabinet within the term specified in clause 6.1. the real deal.
6.4. Within 3 (three) working days from the date of receipt of the report on the services rendered reporting period, the Trade Partner signs it (as well as the act of acceptance and transfer of the Services provided - see Appendix No. 2 to this Agreement), affixes the Trade Partner's seal to these reports and the act, and then sends the originals of the report on the Services provided and the act of acceptance to the Agent - transfer of the provided Services to the address of the Agent's location. Simultaneously with sending to the Agent the originals of the report on the provided Services and the act of receiving and handing over the Services, signed by the Trading Partner and with a seal affixed to these reports and the act, the Trading Partner sends the Agent a scanned copy of the original of such report and act to the Agent's e-mail address specified in section 14 of this Agreement. If there are any objections, the Trading Partner sends the Agent a reasoned refusal to sign the report and the act in the same period and in the same order. The report on the provided Services, the act of receiving and handing over the provided Services, or a motivated refusal to sign such a report and act must be signed by an authorized representative of the Trading Partner.
6.5. In the event that the Agent does not receive from the Trading Partner either a signed report on the Services provided and an act of receiving and handing over the Services, or a reasoned refusal to sign the above-mentioned report and act in accordance with clause 6.4. the term of this Agreement, the above report and the Agent's act are considered accepted by the Trading Partner in full without objections and therefore will be the basis for settlements between the Parties. After the Trade Partner has signed the report on the Services provided, the act of acceptance and transfer of the Services provided, or after the expiration of the deadline for the Agent to receive from the Trade Partner a reasoned refusal to sign such a report and / or act, no objections of the Trade Partner regarding this report and act will be accepted.
6.6. Goods returned by the Buyer to the Trading Partner for any reason (including the return of Goods of inadequate quality, or the Buyer's rejection of Goods of suitable quality, as well as in the case of the Buyer's refusal to perform the sales contract in connection with the violation of the obligation to hand over the goods within the established period), will be considered realized for the purpose of calculating the Agency Fee to the Buyer and does not release the Trading Partner from the obligation to pay the Agent the Agency Fee in the amount that can be calculated at the rate specified in Appendix No. 1 to this Agreement, based on the amount to be refunded To the buyer of funds.
6.8. When preparing the report, sent to the Trade Partner - Non-Resident, the currency of the report is Ukrainian hryvnia.
7. USE OF THE SITE SERVICE, MARKETPLACE AND INTELLECTUAL PROPERTY
7.1. The Site Content, as well as its Service and the Site itself, are protected by copyright, trademark and other intellectual property rights and unfair competition laws and may not be copied, published, reproduced, transmitted or distributed in any way, as well as posted on the global Internet without the prior written consent of the Agent.
7.2. Any use of the materials posted on the Site (including their reproduction and distribution by any means, including on the Internet, public display, disclosure, copying (full or partial), processing, etc.) is prohibited, except in cases , when the Agent or the right holder gives prior written consent to such actions.
7.3. To obtain consent for any use of works posted on the Site, it is necessary to contact the Agent through the feedback form in the Personal Cabinet.
7.4. The site is integrated with various services, including services for analytics, online payments, sending messages and messages. These services provide only access to the Site and its Services. All issues related to the use of the Site and its Service are governed by this Agreement and are resolved between the Agent and the Trading Partner independently.
7.5. The Site's service is provided on an "as is" basis.
7.6. The Trading Partner understands and agrees that all actions performed within the Site Service, Personal Cabinet, including non-cash payment, are considered perfect by the Trading Partner.
8. Requirements proposed for the announcement
8.1. The Trading Partner has the opportunity to place Advertisements and comments on advertisements on the Site. In the Announcement about the sale of coupons, the Trading Partner undertakes to indicate the age marking of the Event.
8.2. Advertisements, as well as comments on them, are placed by the Trading Partner on the Site through the Personal Cabinet and are published on the Site after their approval by the Agent.
8.3. By placing an Announcement on the Website, the Trading Partner makes the information specified in the Announcement publicly available and understands that the posted information is published on the Website in open access, i.e. it is available for viewing by an unlimited number of people in all countries of the world where it is possible to use the Internet and access to the Site. The Trading Partner understands and assumes all the risks associated with specifying the contact information in the Announcement, including, but not limited to: the risk of the email address e-mail to lists for sending spam messages, the risk of the e-mail address being exposed to various types of fraudsters, the risk of the phone number being exposed to SMS spammers and/or SMS fraudsters and other risks arising from such posting of information.
8.4. The Trading Partner bears full responsibility for the content and form of the Announcement, as well as for the comments published on it. The Trading Partner guarantees that its Advertisements contain false data that meet the requirements of current legislation, this Agreement and other documents regulating the Site's activities.
8.5. If the Trade Partner's Advertisement is the subject of copyright or includes it, by publishing such Advertisement on the Site, the Trade Partner allows the Agent to use it in any way, including by reproduction, distribution, translation, public performance, public display, broadcasting and by cable, bringing to public notice without limitation on the territory and term of use.
8.5.1. In order to improve the sales of the Goods, the Trading Partner, by concluding this Agreement, gives his unconditional and irrevocable consent to the fact that the Agent has the right at any time and without obtaining the additional consent of the Trading Partner (except for the consent already given by the Trading Partner through conclusion of this contract) to use in any form and in any way (including the right of the Agent to organize advertising promotions, advertising companies, distribution of advertising in any way, in any form and using any means, and also under any conditions during advertising, in particular, of the Product and / or the Trading Partner) the Trading Partner's brand name, its trademark (service mark), indication of its location, its legal and / or actual address, and also belong to the Trading The Partner has rights to the results of intellectual activity and means of individualization (including all verbal descriptions, photo and video images posted on the Site, including verbal description, photo and video images of the Goods sold by the Trading Partner using the Site and its Services), and any other information posted by the Trading Partner on the Site. The Trading Partner also confirms that the Agent, exercising his right set forth in this clause 8.5.1, is not an advertiser, but the trading Partner is the advertiser.
8.6. When placing Advertisements on the Site, the Trading Partner undertakes to:
● place Advertisements on the Site in accordance with current legislation, including legislation on the protection of consumer rights, the terms of this Agreement and other documents regulating the Site's activities;
● view the Orders placed on the Site and comments to the announcement;
● exchange comments with the Buyer regarding the Order placed by him.
8.7. It is prohibited to place on the Site Ads and comments on them containing:
● defamation and insult,
● untrue information;
● obscene information;
● offer goods whose circulation is prohibited or restricted by current legislation;
● information about private life, personal data of third parties, personal and family secrets;
● state secrets, other secrets protected by law, as well as other confidential information;
● profanity;
● statements of an extremist nature;
● calls for mass riots, participation in mass (public) events held in violation of current legislation;
● links to sites and pages on the Internet, the content of which contradicts the current legislation;
● spam and trolling.
8.8. Advertisements that infringe the intellectual property rights of third parties are prohibited on the Site.
8.9. The Agent has the right to delete Advertisements and comments on them at any time at its discretion in case of violation by the Trading Partner of the applicable 22 legislation, the terms of this Agreement and other documents regulating the Site's activities.
8.10. It is prohibited to place advertisements that do not correspond to the type of Goods, their description, characteristics, purpose, name in the title of the advertisement and / or indication of other information that may mislead users. All information in the Announcement must be true.
8.11. It is prohibited to place Ads for the following Goods or services related to such Goods:
● the production and (or) sale of which is prohibited by current legislation;
● about explosive substances and materials, as well as pyrotechnic products;
● about goods that are subject to licensing and/or certification, in the absence of the necessary certificates and/or licenses;
● about tobacco products, smoking accessories and smoking mixtures;
● about weapons, ammunition, military products;
● about securities, information about their issuers, as well as about financial services and financial activities;
● about lotteries and incentive events, about risk-based games, betting, as well as information about their organizers;
● about any alcoholic products (including beer);
8.12. Remote distribution (sale) of Goods, the free sale of which is prohibited or limited in force, is prohibited legislation
for non-fulfillment of the terms of this Agreement, if the non-fulfillment occurred due to non-submission and/or untimely provision and/or provision of inaccurate and/or incomplete information by the Trading Partner, the provision of which is provided for in this Agreement, as well as due to any non-fulfillment by the Trading Partner of the conditions stipulated herein By contract.
9.9. In the event that the Agent does not receive from the Trading Partner within 3 (three) working days from the day of debiting the funds in the manner specified in clause 6.7. of this Agreement, any objections to the withdrawal of funds by the Agent from the account of the Trading Partner to compensate for losses (expenses), the withdrawal of funds made by the Agent is recognized as justified, which does not contradict the current legislation and the terms of this Agreement, and therefore approved by the Trading Partner, and therefore serves as the legal basis for final financial settlements between the Parties to this Agreement. The deadline specified in the previous paragraph for objections to the Agent by the Trading Partner (3 (three) working days from the day of debiting funds by the Agent) applies to all cases of non-acceptance debiting of funds by the Agent from the accounts of the Trading Partner provided for in this Agreement. Failure by the Agent to receive any objections from the Trading Partner regarding such withdrawal of funds from the Trading Partner's account by the Agent within the current period will mean recognition by the Trading Partner that this withdrawal of funds was made by the Agent on a reasonable basis, in full compliance with the current legislation and the terms of this Agreement, as a result of which approved by the Trading Partner, and therefore will serve as the legal basis for final financial settlements between the Parties to this Agreement.
9.10. The Trading Partner guarantees the Agent that he has sufficient documents that allow him to enter into a contract of sale of the Goods during the entire term of this Agreement.
9.11. For late payment of the Agent's Remuneration, the Agent's Remuneration and other sums due to the Agent, the Trading Partner shall pay the Agent a penalty in the amount of 0.1% (zero whole one-tenths of a percent) of the amount not paid to the Agent for each day of delay.
10. CONFIDENTIALITY
10.1. By accepting the terms of the Public Offer, the Trading Partner, who is a natural person-entrepreneur, gives his consent to the processing by the Agent of the registration data provided during registration on the Site, namely to the following actions, including: collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer), depersonalization, blocking and destruction of any information related to the personal data of the Trading Partner, for the purpose of concluding this Agreement with the Agent for the sale of Goods through the Site, as well as in order to fulfill the requirements of the legislation in terms of combating the legalization (laundering) of proceeds obtained through crime and the financing of terrorism.
10.2. The Agent collects and stores only the information that is necessary for the provision and use of the Service by the Trading Partner and Buyers. The Agent takes the necessary and sufficient organizational and technical measures to protect the registration information of the Trade Partner from illegal or accidental access, destruction, distortion, blocking, copying, distribution, as well as from other illegal actions with it by third parties.
10.3. Regarding the information provided by the Trading Partner within the framework of the execution of this Agreement, its confidentiality is preserved, except in cases where the Trading Partner voluntarily provides information about himself for general access to an unlimited number of persons on the Site.
10.4. The Agent undertakes to comply with the provisions of the current legislation on personal data, as well as other normative documents issued for its development and for the purposes of its implementation, when processing all data of the Trading Partner, who is a natural person-entrepreneur.
10.5. Confidential information within the framework of this Agreement means:
● information and data of an economic, economic, financial, operational and other nature, which are provided by the disclosing Party to the receiving Party, or became known to the receiving Party in connection with the fulfillment of obligations under this Agreement or other agreements concluded between the Parties;
● the content of this Agreement, as well as all documents transferred by the Parties to each other in connection with this Agreement, are considered confidential and belong to the commercial secret of the Parties, which is not subject to disclosure by one Party without the prior written consent of the other Party, with the exception of information that, according to according to the current legislation, they cannot constitute a commercial secret of a legal entity or a natural person-entrepreneur;
● information in respect of which the Agent or Trading Partner transmits it has undertaken obligations to third parties - the owners of the information to preserve its confidentiality;
● the subject, content, price and other essential conditions of any sales contract concluded with the Buyer;
● any other information received by the Trading Partner or Agent during the execution of this Agreement, including information received by the employees of the relevant Trading Partner or Agent, with the exception of
9. RESPONSIBILITY OF THE PARTIES
9.1. The Agent is not responsible for the obligations of the Trading Partner related to the provision of Goods to the Buyers, which are the subject of the sales contract, as well as for the refusal of the Trading Partner to conclude a sales contract with the Buyer or for the unilateral termination of the sales contract by the Trading Partner sales
9.2. The Agent is not responsible in case of impossibility of conclusion of any contracts by the Agent, Trading Partner or Buyer due to malfunction of software and hardware used by the Agent, and/or Trading Partner, and/or Buyer, as well as communication channels provided by third parties .
9.3. In case of violation by the Trading Partner of clause 4.3.7. of this Agreement, the Agent is not responsible for the violation of intellectual property rights of third parties. In the event that the Agent is held liable, including in a pre-trial procedure, as a result of a violation by the Trading Partner of clause 4.3.7. of this Agreement, the Trading Partner is obliged to compensate the Agent for the losses incurred by the Agent in full within 3 (three) working days from the day the Agent submits the corresponding claim.
9.4. The Agent is not responsible for non-receipt of the necessary information by the Trading Partner or failure to receive it within the period stipulated by this Agreement in connection with technical problems of access to the Internet network of the Trading Partner, as well as due to malfunctions in the operation of the Site and / or the network, or due to preventive works on the website.
9.5. The Trading Partner undertakes to indemnify the Agent for all losses incurred in the event that Buyers and/or other persons present any claims and/or lawsuits against the Agent related to the Trading Partner's performance of obligations under purchase contracts concluded by it. sale, or due to other circumstances for which the Trading Partner is responsible. In addition, the Trading Partner undertakes, firstly, at its own expense, to negotiate on the Agent's side with claims and / or lawsuits presented to the Agent by persons with the aim of minimizing the Agent's responsibility or releasing the Agent from responsibility in full, as well as to act on the side of the Agent in the court from the same. The Trading Partner shall compensate the Agent for the above losses in full within 10 (ten) working days from the day the Trading Partner receives the corresponding written demand from the Agent. If the Agent is held liable (civil, administrative, any other): - by international bodies or organizations (including non-governmental ones); - non-governmental, state or municipal bodies or organizations of the country where the Agent is located or any other country; for reasons that were the result of the guilty or innocent action or inaction of the Trading Partner, the Trading Partner undertakes, firstly, at its own expense, to negotiate on the Agent's side with those who hold the Agent liable, in order to minimize the Agent's liability or release the Agent from liability in full, to appear on the Agent's side in court for the same purpose, and also, secondly, to compensate the Agent in full for all the latter's losses (in particular, both the amount imposed on the Agent by the fine and all the Agent's costs / expenses , related to the appeal / imposition / recovery of such a fine). The Trading Partner shall compensate the Agent for the above losses in full within 10 (ten) working days from the day the Trading Partner receives the corresponding written demand from the Agent.
9.6. The Agent undertakes to compensate the Trading Partner for real damage resulting from the loss of the Goods or damage to the Goods during the delivery of the Goods to the Buyer (if the Goods are delivered not by the Trading Partner, but by the Agent or by third parties on his behalf). Such actual loss will be compensated by the Agent to the Trading Partner after the actual compensation of this actual loss to the Agent (that is, after the corresponding actual receipt by the Agent of funds from third parties (in particular, from sub-agents) and/or other causes of damage).
9.7. All text information, as well as photos, videos and graphics, posted on the Site and in the Marketplace, have the rightful owner. Illegal use of the specified information and images is prosecuted in accordance with current legislation.
The Trading Partner hereby confirms that the use by the Agent in accordance with Clause 8.5.1. of this Agreement, any text information and/or photo, video, graphic images placed on the Site and in the Marketplace both by the Trading Partner himself and at the instruction of the Trading Partner, nothing can be expected to be illegal use. In the event that third parties present claims to the Agent in connection with such use, the Trading Partner undertakes to act on the Agent's side in order to release the Agent from any responsibility arising from the presented claims, as well as to compensate the Agent in full in the amount of all the damages that the Agent may incur as a result of such claims presented to him.
9.8. The agent is not responsible in cases where the Agent or Trading Partner did not stipulate that the information is non-confidential when transferring such information.
10.6. The parties shall not disclose or transfer to third parties information related to the implementation of the terms of this Agreement, which is confidential. If it is necessary for one of the Parties to give such information to third parties, this can be done with the prior written consent of the other Party.
11. RESOLUTION OF DISPUTES
11.1. In the event of disputes related to the use of the Service, the fulfillment of obligations under this Agreement, the Trading Partner and Agent will take all measures to resolve them through negotiations.
11.2. Unless otherwise stipulated by this Agreement, the Agent accepts the Trade Partner's claims for consideration in writing either through the Personal Cabinet or through the Service. Such claims must be received by the Agent from the Trading Partner no later than within 15 (fifteen) working days from the date of the occurrence of the circumstances in respect of which the Trading Partner sent the claim to the Agent.
11.3. The deadline for responding to a claim is fifteen (15) working days from the date of its receipt by the relevant Party.
11.4. In case of impossibility of resolution of the dispute by the Parties through bilateral negotiations, such dispute shall be resolved in court.
11.5. The Trade Partner's claim must contain the following information: the date and time of the occurrence of the circumstances for which the claim is made; the conditions for the occurrence of such circumstances; content of requirements of the Trading Partner; requisites of the Trading Partner for sending a motivated response to the stated claim; mobile phone number and e-mail address of the Trade Partner, as well as other information necessary for the Agent to consider the claim of the Trade Partner on the merits.
11.6. The Agent has the right to refuse to accept and consider the Trade Partner's claim if the latter provides inaccurate information.
11.7. When deciding which law applies to the relationship between the Agent and the Trading Partner, the following must be followed:
11.7.1. When registering on the Trading Partner's Website, the legal relationship between the Trading Partner and the Agent is governed by the law of the location of the corresponding Agent.
11.7.2. When concluding a contract for the sale of Goods, the legal relationship between the Buyer and the Trading Partner is governed by the law of the location of such Trading Partner.
11.7.3. When applying the above clauses 11.7.1. and clause 11.7.2. must be guided by the following:
- located on the territory of Ukraine, the Trading Partner who registers on the Site concludes an agency agreement - an Offer with the Agent - Danylo Pavlovich Kamyshanov (abbreviated name - FOP Kamyshanov D.P.), registered in accordance with the legislation of Ukraine (identification code 3698905772), located at the address: Ukraine, Kharkiv city, Novgorodska street, building 20, apartment 10, e-mail address: artpozolota@artpozolota.com
- which is located outside the territory of Ukraine, the Trading Partner, who registers on the Site, concludes an agency contract - an Offer with the Agent - a natural person-entrepreneur Danylo Pavlovich Kamyshanov (abbreviated name - FOP Kamyshanov D.P.), registered in accordance with the legislation of Ukraine (identification code 3698905772), located at: Ukraine, city of Kharkiv, vulytsia Novgorodska, building 20, apartment 10, e-mail address: artpozolota@artpozolota.com
12. GROUNDS FOR EXEMPTION OF LIABILITY
12.1. Any of the Parties shall be released from responsibility for full or partial non-fulfillment of its obligations under this Agreement, if this non-fulfillment was caused by force majeure circumstances that arose after the signing of this Agreement. Circumstances of force majeure are understood as extraordinary events or circumstances that such Party could not foresee or prevent with the means available to it. Such extraordinary events or circumstances include, but are not limited to: strikes, floods, fires, earthquakes and other natural disasters, war, hostilities, acts of governmental or foreign governmental authorities, and any other circumstances beyond reasonable control either party.
12.2. Likewise, the circumstances exempting the Parties from responsibility for delays in the performance or non-fulfilment of their obligations under this Agreement are the announcement of embargoes or sanctions, other actions or inaction of authorities and/or management, which directly affected or will affect the ability of the Parties to perform their obligations under this Agreement.
12.3. Any Party's claim for compensation for damages caused by force majeure is null and void.
12.4. If the circumstances of force majeure continue to operate after the expiration of 60 (sixty) calendar days from the date of their occurrence and this causes a significant violation of the rights and interests of any of the Parties, such Party has the right to notify the other Party in writing of its intention to terminate this Agreement. In this case, this Agreement shall be considered terminated after the expiration of 30 (thirty) calendar days after the receipt of the above notification by the other Party from the Party whose rights and interests are significantly violated. 20__ year on "__"____ 20__ year for the total amount:__________ (_______________________) hryvnias. __ kop., VAT is not included.
This Act testifies to the proper provision of Services by the Agent to the Trading Partner in the above-mentioned period. The parties have no claims against each other in connection with the provision of Services in the above-mentioned period.
__________________ ____________________
On behalf of the Agent on behalf of the Trading Partner
(position) (position)
(full name) (full name)
M.P. M.P.
Annex #3
to the Agency Contract-Offer
(as amended from 01.08.2020)
AGENT'S REPORT
to Agency Contract-Offer No.__ dated "__"_____ 20__
Kharkiv "__"_____ 20__ year
Danylo Pavlovich Kamishanov, an individual entrepreneur, provides the Agent's Report within the framework of the Agency Agreement - Offers dated "___" ____________ 20___.
During the period from "____" _____________ 20__ to "______" __________ 20__, the Agent performed the following actions (operations) and provided the following Services:
No
Sold Purchaser's Goods and/or Coupons
Amount of payment for Goods and/or Coupons received from the Buyer (currency)
Amount of Agency Fee (currency)
Amount of remuneration for additional services provided by the Agent (currency)
The amount to be transferred to the Trading Partner (currency)
Name of the sold Product and/or Coupon Quantity of sold Product and/or Coupon
In the event that the Agent does not receive from the Trading Partner either a copy of this Report signed by the Trading Partner with the seal of the Trading Partner, or a reasoned refusal to sign this Report, in accordance with the terms of the Agency Agreement - Offer, this Agent's Report will be considered accepted by the Trading Partner in full without objections and will be the basis for settlements between the Parties.
The report was submitted by: The report was accepted by:
_________ __________ ___________ _________
on behalf of the Agent on behalf of the Trading Partner
M.P. M.P.
Annex #4
to the Agency Contract-Offer
(as amended from 01.08.2020)
Application for money transfer
To a Trading Partner-individual
STATEMENT
for the transfer of funds
Please transfer funds in the amount of _______ (the amount is specified after deducting the Agent's Fee, Translation Commission and other sums due to the Agent) for the sale of Goods / payment for Services on the website ________, the name of the Trading Partner-individual _______________, Id of the Trading Partner-individual _____.
Please transfer the funds to the following details:
_________________________________________________________________
(It is necessary to specify the owner's name and card number or other details, if the Trading Partner-individual has other contractual relations with the Agent).
Date Signature Name of Trading Partner (FO)
13. DURATION OF THE AGREEMENT
13.1. This Agreement enters into force from the moment of Acceptance of the Public Offer by the Trading Partner and remains in effect until its termination in accordance with the procedure provided for in this Agreement.
13.2. The Agent has the right at any time unilaterally without prior agreement with the Trading Partner to make any changes and/or additions to this Agreement and all its annexes (in whole or in part). Such changes and/or additions become effective for the Agent and Trading Partner on the next calendar day after the changes and/or additions are posted on the Site, unless otherwise specified by the Agent.
13.3. The Trading Partner undertakes to independently monitor changes and additions to this Agreement and its annexes by familiarizing themselves with their current version on a daily basis. The Trading Partner is independently responsible for any consequences that have arisen due to the fact that he did not familiarize himself with the current version of this Agreement and its annexes, and does not impose such responsibility on the Agent (he releases the Agent from such responsibility ).
13.4. The Agent has the right to unilaterally terminate this Agreement at any time without obtaining any consent of the Trading Partner by notifying the Trading Partner through the Personal Cabinet at the e-mail address or in another written way not less than 20 (twenty) working days before the date of termination of this Agreement. In such event, this Agreement shall be deemed terminated 30 from the date specified in such notice. Termination of this Agreement does not entail automatic repayment of debts of the Parties to each other that arose before the date of termination of this Agreement. During the above-mentioned 20-day period, the Parties must conduct mutual settlements, sign acts of reconciliation, reports, acts and other necessary documents.
13.5. The Trading Partner has the right to unilaterally terminate the performance of this Agreement in whole or in part (by notifying the Agent through the Personal Cabinet and/or at the Agent's e-mail address at least 20 (twenty) working days before the date of suspension of the performance of this Agreement) in the event the occurrence of a dispute between the Agent and the Trading Partner regarding the agreement and/or payment of the amount of the Agent's Remuneration, the Agent's Remuneration, other sums due to the Agent, as well as regarding the implementation of this Agreement.
13.6. Documents sent by e-mail, through the Personal Cabinet, by facsimile communication, their scanned copies have full legal force. The risk of misrepresentation of information is borne by the Party that sent the information in the appropriate way. At the same time, the originals of documents that were previously sent by one of the Parties to the other Party in one of the ways mentioned above must be transferred by the Parties to each other no later than 10 (ten) working days from the date of signing these documents.
13.7. For the purposes of convenience, in this Agreement, the Parties also mean their possible successors.
13.8. The Parties hereby acknowledge that the presence of their print on any document drawn up in connection with the execution of this Agreement is unconditional confirmation that the person who signed such a document was duly authorized by the relevant Party to sign this document.
13.9. Nothing in this Agreement shall be construed as a term that violates applicable law. In the event that any condition of this Agreement contradicts the current legislation, then such condition shall not be applied, and the relevant part of the current legislation shall be applied. At the same time, other terms of this Agreement are applied to the extent that they do not conflict with current legislation.
14. REQUISITES
Agent: as specified in clause 11.7. above.
Annex #1
to the Agency Contract-Offer
(as amended from 01.08.2020)
AGENCY FEE
Agency Fee (in percentage)
- in accordance with the tariffs specified in the personal account of the Trading Partner, but not less than 8% (eight percent) of the price of the Goods and/or Coupons sold to the Buyer.
Annex #2
to the Agency Contract-Offer
(as amended from 01.08.2020)
ACT No.__
reception-transmission of the provided Service
For the period from "__"______ 20__ on "__"______ 20__ year
Kharkiv "__"_____ 20__ year
We, the undersigned, a natural person-entrepreneur Danylo Pavlovich Kamishanov, registered in accordance with the legislation of Ukraine (identification code 3698905772), location: Ukraine, Kharkiv city, Novgorodska street, building 20, apartment 10
acting on its own will, hereinafter referred to as "Agent", on the one hand, and
_________________________________________________________________, hereinafter referred to as "Trading Partner", in the person of ____________________________________, acting on the basis of _________________________, on the other hand, together referred to as "Parties", and each individually as "Party", have drawn up this Act that the Agent provided, and the Trading Partner accepted without comments Services for the period from "__"______