PUBLIC CONTRACT (Offer) for the provision of Push notification services
The following text of the Agreement is a public Offer of the Gravitec.net Service (hereinafter - the Contractor), addressed to an unlimited number of persons, under the conditions specified in the Agreement.
The Agreement is considered concluded and comes into force from the moment of acceptance by the Customer of conditions of this Offer in full together with conditions, Rules or appendices to them, in case of existence of such appendices. The appendices can contain in other electronic documents by redirection to such other electronic documents regarding consent to unconditional acceptance and execution, without any exceptions and / or restrictions, conditions of the Offer (acceptance), and the Customer himself becomes a user of the Gravitec.net service.
Giving the consent to accept the terms of this offer also means giving consent to the processing of personal data of the Customer.
The Public Contract defines all essential terms of the agreement between the Contractor and the Customer by the person accepting the Offer.
This Offer is published on the Contractor's Website and is available for inspection to any individual who intends to receive the Services in accordance with this Agreement.
If the Customer does not agree with the terms of the contract, he has no right to enter into this contract, and is not entitled to use the services under this contract.
Terms used in this Agreement
The provision of Push notification services is transfer of Push notifications from the Customer via the Internet by the Contractor.
The Contractor's Site is a collection of web pages, subdomains, and any other related mobile and web applications under the domain name https://gravitec.net.
The Service is the result of computer programming, a set of functional and technological software of the Contractor, that provides the services of transmission of Push notifications through the Site of the Contractor.
The User is an unidentified consumer of Push notification services via the Internet, who voluntarily and at his own discretion uses the Customer's website in order to obtain the necessary information using browsers Google Chrome, Apple Safari, Mozilla Firefox. The User is not personified in any way, data about such a person is not collected, stored, used by either the Contractor or the Customer due to technical impossibility.
Billing day - a certain day (date) of each month, as of which the number of subscribers in the Customer's database is counted and the invoice for payment of services is issued.
Scope of the contract
The subject of this Agreement is the provision by the Contractor to the Customer of Push notification services in order to increase the awareness of visitors of the Customer's website, in the manner and under the conditions specified in this Agreement.
The procedure for concluding the Agreement
According to article #207, 633, 634 of the Civil Code of Ukraine, unconditional acceptance of the conditions offered by the capabilities of the Contractor's Service under this Offer is the Customer's registration (filling in a special form on the Contractor's Website).
Acceptance of the terms of the Offer means full and unconditional acceptance of all without exception the terms of the Offer and the Customer's consent to accept and pay for the Services in full and within a specified period in accordance with the terms of this Agreement.
The period of acceptance of the Offer is unlimited.
The Offer is considered concluded and enters into force from the moment of acceptance and is valid for the entire period of using the Services until the moment of termination of the Agreement on the grounds specified in this Agreement.
The procedure for providing services and their payment
Acceptance of this offer, in the manner provided therein and / or payment of a duly executed invoice is the basis for reflection in the accounting of business transactions without drawing up an act of services rendered.
The act of provided services with an individual is provided only at the request of the Customer.
The cost of services is determined in accordance with the total number of all users of all websites and applications of the Customer registered in the service, in UAH equivalent of tariffs valid on the date of acceptance of this Offer.
Payment for services
The service is provided after 100% payment for the service for the current billing period.
The customer is solely responsible for administering the timeliness and correctness of payments made by them.
Rights and Responsibilities of the Contractor
The Contractor has the right to:
early terminate the Agreement in accordance with the procedure specified in this Agreement;
early terminate the Agreement in case of breach by the Customer of the terms of this Agreement;
change the cost of the Services unilaterally, notifying the Customer by publishing the relevant changes in the section "Tariffs" on the Site of the Contractor;
not deliver Push-notifications in cases when: a) the recipient's computer has not established an Internet connection within the time set by the Customer; b) the recipient has disabled the ability to receive push notifications;
suspend providing the Services in accordance with this Agreement in the case of a software update during not more than 5 (five) business days.
The Contractor undertakes to:
provide quality services to the Customer in accordance with the terms of the Agreement;
warn the Customer about the termination of the Services in cases of violation by the Customer of the terms of the Agreement, including in case of non-payment / late payment of the cost of services provided, including the amount of debt incurred at the time of notice;
keep reliable records of the volume and cost of the provided Services by providing the Customer with access to the personal account with all the necessary information on the provided Services;
ensure the correct application of tariffs and timely informing the Customer about their change;
provide the Services within the terms stipulated by this Agreement and the Service tariffs.
Rights and obligations of the Customer
The customer has the right to:
get the ordered Services of the established quality;from the Contractor information on the provided Services at the written request of the Customer, including, but not limited to, the scope and cost of services provided;using the Services in the manner prescribed by this Agreement;technical support from the Contractor's Service in accordance with the terms of the selected tariff.
The customer undertakes to:
for the monthly set of ordered Services (according to the number of actually registered subscribers according to the data in the Customer's personal account / administrative panel) in the amount established by this Agreement and the Service tariffs and within the set term of 7 (seven) calendar days from the date of invoicing in the personal account of the User (billing day);
Responsibilities of the parties
The Customer enters into the Agreement voluntarily, and the Customer has fully read the terms of the Offer and accepts them.
The Customer bears full and undisputed responsibility for the accuracy of the data (including personal data) specified when the user registers the Service of the Contractor and when paying for the Services of the Contractor.
The Parties shall be released from liability for full or partial non-fulfillment of their obligations under the Agreement, if this was the result of force majeure as a result of extraordinary events that could not have been foreseen in advance.
Dispute settlement procedure
All disputes that arise or may arise under this Agreement shall be resolved by the Parties through negotiations on the basis of a written request from one of the Parties to the other.
If the dispute cannot be resolved through the negotiations, it is resolved in the Economic Court of Kyiv.
Confidentiality and protection of personal data
The Parties agree that during the term of this Agreement, as well as for two years after the termination of this Agreement, any material and / or information relating to this Agreement is confidential and may not be transferred to third parties without the prior written consent of the other Party. Exception is the request of authorized state bodies in cases provided by current legislation of Ukraine, as well as disclosing by the Contractor the fact of cooperation with the Customer (including, but not limited to, indicating in the Contractor’s presentation materials the Customer’s website name).
The Contractor is responsible for the protection of personal data of the Customer in accordance with the obligations set forth in the Rules of use of the Gravitec.net service.
Termination of the Agreement
The contract can be terminated:
at the initiative of the Contractor or the Customer in case of violation by the other party of the terms of the Agreement, by sending a written notice with a decision to the other party.
on other grounds provided by this Agreement and / or current legislation of Ukraine.
Gravitec.net does not reimburse for incomplete months or years of using the service in case of refusal of services.
This agreement is regulated by the current legislation of Ukraine.
The Agreement shall enter into force from the moment of acceptance of the terms of the Agreement by the Customer (performance by them of actions and conditions stipulated by the Offer) and shall be valid until the moment of termination of the Agreement in accordance with clause 11 of this Agreement.
The Contractor reserves the right to amend the terms of the Agreement and / or withdraw the Agreement at any time in its sole discretion.
In the case that the Contractor makes changes to the Contract, such changes shall take effect from the moment of posting the amended text of the Contract on the Contractor's website.