(AGREEMENT OF PUBLIC OFFER)
about interaction within the framework of activity of
Entrepreneurship Development Center
Kherson, Ukraine 2018 year
Public organization “Regional Center of Sustainable Development”, in the face of the Entrepreneurship Development Center (hereinafter – EDC), on the one hand, and any person who has accepted this agreement of public offer (hereinafter – the User), on the other hand, further together – the Parties, and each separately, the Party, have concluded this agreement of public offer (hereinafter referred to as the “Public Agreement”) addressed to an unlimited number of persons, which is an official public offer of the Entrepreneurship Development Center of the public organization “Regional Center of Sustainable Development”. By concluding this Public Agreement, the Parties agreed on the following.
1. TERMS AND DEFINITIONS
1.1. In order to clearly understanding of terms and definitions applicable in this Public Agreement, the Parties have agreed on their use with the following interpretation:
1.1.1. Regional Center of Sustainable Development (hereinafter – Organization) – public organization “Regional Center of Sustainable Development”, registered in accordance with the procedure established by the current legislation of Ukraine;
1.1.2. Entrepreneurship Development Center – a project implemented by the Organization;
1.1.3. Chief of EDC – the person authorized by the Organization, which operates the management of the EDC and ensures control over the implementation of the provision regulating the activity of the EDC;
1.1.4. Provisions (hereinafter – Provisions) – the regulations approved by the Organization regulating the activity of the EDC;
1.1.5. Site – the official web site of the EDC located at http://www.crp.org.ua;
1.1.6. Public offer – the public offer of the EDC is set forth on the official EDC website at http://www.crp.org.ua, addressed to an unlimited number of persons to concluded agreement of public offer under specified conditions;
1.1.7. User – any person who visited the website http://www.crp.org.ua and accepted this Public Agreement;
1.1.8. Acceptance – the provision of full and unconditional consent to the conclusion of a Public Agreement in full, without the signature of a written copy of the Public Agreement by the Parties;
1.1.9. Services – one or several services provided within the framework of the activity of the EDC, as determined by the Organization;
1.1.10. Visitor – any person who visited the EDC website at http://crp.org.ua and did not accept the Public Agreement;
1.1.11. Agreement on Cooperation (hereinafter – Agreement) – contract that establishes general principles of interaction between the EDC and the Partner;
1.1.12. Partner of the EDC (hereinafter – Partner) – legal entity or individual entrepreneur who has entered into an Agreement with the EDC and in accordance with the current legislation of Ukraine has the right to carry out its activity;
1.1.13. Contract for the provision of services – trilateral contract on the rendering of Services, which is entered between the EDC, the Partner and the Client;
1.1.14. The Client (hereinafter – the Client) – legal entity or individual entrepreneur who has entered into a contract for the provision of services in order to receive the Services;
1.1.15. Application form – application form and/or a questionnaire in paper or electronic form, which is placed on the website http://www.crp.org.ua or transferred to the Client or the User in paper form;
1.1.16. Additional Services – additional services that are not defined among the priority areas of activity of the EDC;
1.1.17. The procedure of providing services – specially defined procedure and conditions for the provision of the Services within the framework of the Entrepreneurship Development Center of the public organization “Regional Center of Sustainable Development”, which are approved by the Organization;
1.1.18. Third persons – all other persons except the Parties.
1.2. Other terms used in this Public Agreement are given by the Parties with the meaning contained in the current legislation of Ukraine (normative value), and in the absence of normative meaning of the term or concept, the Parties grant such terms and concepts the generally accepted meaning.
2. GENERAL PROVISIONS
2.1. This agreement is a public agreement, which is considered concluded by the Parties from the moment of acceptance by the User of all, without exception, the terms and conditions of this Public Agreement.
2.2. Any of the following actions is considered an acceptance of this Public Agreement:
2.2.1. The fact of registration of the User in the section “Registration” on the website of the EDC at http://crp.org.ua;
2.2.2. Downloading, filling out, sending, any other actions with text, graphics and any other materials that are posted on the EDC website at http://crp.org.ua;
2.2.3. Written notification (including electronic form by e-mail) of the EDC concerning the acceptance of the terms of this Public Agreement;
2.2.4. Calling and/or sending messages to the EDC telephone number, which is located on the EDC website at http://crp.org.ua in the “Contacts” section;
2.2.5. Implementation of communication with the EDC, EDC staff, or EDC experts, in any other way on issues related to the activities of the Entrepreneurship Development Center;
2.3. If the User does not agree with the terms of this Public Agreement, he has no right to conclude it, nor is he entitled to receive the Services within the framework of the EDC.
2.4. Person who has not accepted this Public Contract but visited the website http://crp.org.ua receives the status of the Visitor;
2.5. The Visitor is not covered by the provisions of this Public Agreement;
2.6. The Parties confirm that this Public Agreement is not a fictitious or supposed agreement or a contract concluded under pressure or fraudulently.
2.7. A Public Agreement is legally valid in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine, Article 11 of the Law of Ukraine “On E-Commerce” and is equal in force to a written agreement.
3. SUBJECT OF THE AGREEMENT
3.1. By concluding this Public Agreement, the Parties agree on the relationship between themselves since the acceptance of this Public Agreement, which does not relate directly to the provision of the Services within the framework of the EDC;
3.2. Acceptance of this Public Agreement gives the User the right to receive the Services within the framework of Entrepreneurship Development Center;
3.3. Services within the framework of the EDC, including conditions related to the direct provision of the Services, are agreed solely by the conclusion of contract for the provision of services;
3.4. The list, cost, terms and procedure for the provision of the Services are determined separately and individually for each User in accordance with existing and duly executed User requirements;
3.5. By concluding this Public Agreement, the User certifies that he:
3.5.1. Aware of the goal of the Entrepreneurship Development Center, which is to promote entrepreneurship through the provision of individual services aimed at meeting the specific needs of the User;
3.5.2. Recognizes the principles of the Entrepreneurship Development Center, which consists of defining a clear set of needs and tasks of the User and regulating all processes of interaction of the Entrepreneurship Development Center with the User, as well as communication discipline;
3.5.3. Understands that compliance with the principles, rules and recommendations of the Entrepreneurship Development Center is correlated with solving specific tasks of the User;
3.5.4. Realizes that he does not have the right to resell received service to third parties without obtaining by the written consent of the Entrepreneurship Development Center;
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
The User has the right to:
4.1. To be the recipient of the Services that are provided within the framework of the EDC activity in accordance with the provisions set out in clauses 3.3 and 3.4. this Public Agreement;
4.2. Getting a primary consultation in writing regarding the activities of the EDC free of charge;
4.3. Receive a written response to a completed and properly submitted application form;
4.4. To receive recommendations on potential partners, investors, markets, intermediaries who can provide the necessary Services in accordance with the needs of the User;
4.5. Directly or through third parties to interact and independently decide on further interaction with a potential partner, donor, investor, intermediary, etc. In this case, the EDC is not responsible for the further development of communication, the quality of services provided, etc.;
4.6. Provide suggestions and recommendations for the improvement of the EDC work, if such are provided in writing by the official channels of communication of the EDC;
4.7. Use and/or distribute the information received as a result of communication with the EDC in verbal, written, electronic and any other form in the presence of written permission from the EDC;
The User is obliged to:
4.8. Understandably and clearly define the areas of interaction with the EDC, clearly state the goals, problem issues, tasks and expected results from the interaction with the EDC;
4.9. To provide reliable information in full, necessary for interaction in the direction in which cooperation with the EDC will be determined;
4.10. To be authorized from the relevant enterprise or organization, to provide information, and to take actions necessary for the receipt of the Service;
4.11. Do not deviate from the communication standards established by the EDC, observe all agreements (including those reached verbally), warn in advance about the need to adjust the agreements, respond as quickly as possible to emails, warn about changes in the previously approved schedule, etc.;
4.12. Do not distribute directly or indirectly information relates to the EDC, as institutions, its employees, partners, and professionals involved and which may lead to reputational losses or risks of such losses, or relate to the category of “personal information” protected by applicable law on protection the dignity and honor of an individual, as well as the business reputation of a physical person and a legal entity;
The EDC has the right to:
4.13. For providing initial consultation to receive from Users:
– clearly defined areas of interaction with the EDC, the formulation of the goal, problem issues, tasks and expectations of the identified interaction;
– comprehensive information on the direction in which the cooperation will be determined;
– additional information, data, confirmation, etc.
4.14. In case of violation by the User terms of this Public Agreement, to revise the conditions for unilaterally suspend or completely terminate cooperation with the User;
4.15. Within the framework of the activity of the EDC – to provide information about the User to third parties, while maintaining the conditions of confidentiality and acting on behalf of the User. All conditions for representing interests and the format of data transmitted in each particular case are determined separately;
4.16. Require from the User to comply with the conditions of this Public Agreement, including in court, in the manner prescribed by the legislation of Ukraine;
4.17. Involve third parties to provide the Services to the User who have the necessary qualifications to provide a specific type of Services;
The EDC is obliged to:
4.18. Observe the conditions of this Public Agreement;
4.19. If necessary, inform the User about the opening of new business areas of the Entrepreneurship Development Center and on the Services provided within the framework of the Entrepreneurship Development Center;
4.20. Constantly conduct work to find Partners who can provide Services in which the User is interested;
4.21. Provide to User information about the Partners who can provide the Services necessary for the achievement of the goal, the accomplishment of the tasks, etc.;
4.22. Inform the User about amendments to this Public Agreement and other regulatory documents regulating the activity of the EDC and directly related to the User;
5. ORDER OF INTERACTION BETWEEN THE PARTIES
5.1. The User uploads, fills in and sends one or more application forms to the electronic mail address (e-mail) of the EDC in accordance with the directions of activity of the EDC, which are interest to the User. Information about the activities of the EDC is available at http://crp.org.ua;
5.2. In the application form, the User must clearly identify his interests and the expected result of cooperating with the EDC;
5.3. The EDC experts consider the application form and determine the Services to be provided within the framework of the EDC. The services to be provided will be determined on an individual basis. After identifying the Services, an E-mail is sent to the User with specific recommendations and/or proposals for the Services that are ready to provide the EDC or Partner;
5.4. The reply to the User must be sent not later than within 3 (three) working days from the date of receipt of the application form by EDC;
5.5. Services can be provided for a fee or free of charge;
5.6. If the User sent a completed application form on a day off or a holiday, then the consideration of the application form begins on the first working day after the day of submission by the User of the application form;
5.7. In case if the User fills in the application form incorrectly, incompletely or with errors, an email is sent to the User requesting to correct the errors, provide additional data, etc.;
5.8. After receipt of the proposal from the EDC, the User within 7 (seven) working days from the receipt of such offer must notify the EDC about the intention to conclude the relevant service agreement or refuse to receive the proposed Services. If the User has suggestions, additions or wishes, he can file them in writing and offer them to EDC for consideration;
5.9. Negotiations of the EDC with the User regarding the type of the Services, their volume, cost and other conditions shall not exceed 14 (fourteen) days. If such negotiations last more than 14 days, the EDC reserves the right to unilaterally suspend this Public Agreement;
6. RESPONSIBILITY OF THE PARTIES AND SOLVING DISPUTES
6.1. For non-fulfillment or improper fulfillment of its obligations under this Public Agreement, the Parties shall bear responsibility in accordance with the current legislation of Ukraine.
6.2. All disputes arising out of or relating to this Public Agreement shall be resolved through negotiations between the Parties.
6.3. If the relevant dispute can not be resolved by negotiation, it shall be resolved in court according to the established jurisdiction of such dispute in accordance with the legislation in force in Ukraine.
6.4. The EDC does not bear any responsibility for not providing or improperly rendering the Services to the User in the event of any circumstances that have arisen not from the fault of the EDC (namely, the occurrence of circumstances that resulted from the fault or negligence of the User and/or the occurrence of circumstances that have arisen by fault or negligence of any third person (any third parties) and/or force majeure).
6.5. For a one-time unreasonable refusal to fulfill its obligations, the fault Party shall receive a warning.
6.6. The Party has the right to terminate this Public Agreement in a one-way manner for a repeated refusal to fulfill its obligations suffered by a other Party.
7. FORCE-MAJOR CIRCUMSTANCES
7.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations stipulated by this Public Agreement, if it arose as a result of force majeure circumstances.
7.2. Under Force Majeure circumstances in this Public Agreement means any circumstance beyond the will or in contravention of the will or will of the Parties and which can not be foreseen or avoided, including: military actions, public disturbances, epidemics, blockades, earthquakes, floods, fires , as well as decisions or orders of the state authorities and government of the country of which the User is a resident or the country of which the EDC is a resident, as a result of which the Parties (or one of the Parties) will impose additional obligations or establish additional.
7.3. If force majeure circumstances will last more than 3 (three) months in a row, each of the Parties will have the right to refuse further compliance with the obligations under this Public Agreement, and in this case, neither Party will have the right to reimburse the other Party for possible damages
8. OTHER CONDITIONS OF AGREEMENT
8.1. All communications within the framework of the provisions of this Public Agreement have official status;
8.2. Verbal negotiations, carried out in the framework of the implementation of the provisions of this Public Agreement, shall be subject to ratification and approval by signing by the Parties;
8.3. Each Party shall guarantee to the other Party possessing the necessary capacity and all rights and powers necessary and sufficient for the conclusion and execution of this Public Agreement in accordance with its terms.
8.4. A unilateral change in the conditions of the concluded Public Agreement by the User or refusal to comply with the conditions of the concluded Public Agreement is unacceptable, except as provided for in this Public Agreement. No one Party of this Public Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
8.5. By expressly accepting of this Public Agreement, the User voluntarily agrees to collect and process his own personal data for the following purpose: known information may be used for commercial purposes, including receiving information about the User and processing information about it, sending by telecommunication means of communication (e-mail, mobile communication) promotional and special offers, promotions information or any other information about the activity of the EDC. In case of unwillingness to receive information about the activity of the EDC, the User has the right to apply to the EDC, writing an application for refusal to receive promotional materials and sending it to the postal or electronic address of the EDC.
8.6. The EDC is not responsible for the content and truthfulness of the information provided by the User when filled in with the relevant application form. The user is responsible for the accuracy of the information indicated with the completed application form, application, questionnaire, etc.
8.7. The User is granted the right to use the Services of the EDC exclusively in its internal activity without the right to dispose of them or transfer them in favor of third parties.
8.8. The Parties undertake to keep confidential information obtained as a result of the execution of this Public Agreement, except the cases where it is authorized in writing by another Party or required by the state authorities in accordance with applicable law. For the disclosure of confidential information, the Party responsible shall be liable in accordance with applicable law.
8.9. This Public Agreement is public and perpetual and operates until its termination by either Party in accordance with the procedure established by this Public Agreement or the applicable law, but in any case until its final execution by the Parties.
8.10. The EDC by its own, in accordance with and in compliance with the requirements of the current legislation of Ukraine, determines the terms of this Public Agreement and its annexes, which are its inalienable parts. The EDC has the right to by its own modify and/or supplement the terms of this Public Agreement and its annexes, including the rules for the provision and receipt of the Services under this Public Agreement. At the same time, the EDC guarantees and confirms that the current revision of the text of this Public Agreement is posted on the EDC website, is valid;
8.11. In case of amendments to this Public Agreement and/or its annexes, the EDC shall notify the User about such changes within three days.
9. DETAILS OF EDC
Public organizations “Regional Center of Sustainable Development”
Location: 73000, Kherson, st. Oleksiy Shovkunenko, 82b
Code of the USREOU: 42168670
Revision from 07/21/2012
Approved by the decision of the governing body of the public organization “Regional Center of Sustainable Development”