Public agreement (offer)
1. General provisions
1.1. This document constitutes a public offer (hereinafter referred to as "the Offer") made by the private entrepreneur Konoval Oleksandr Vitaliyovych (referred to as "the Operator"), who holds the intellectual property rights to software products in the form of the online service "pershe.com," for the purpose of entering into a Service Agreement (hereinafter referred to as "the Agreement") under the terms and conditions specified in this Offer.
1.2. In accordance with Articles 205, 633, 638-642, 901-907 of the Civil Code of Ukraine, upon acceptance of the terms presented in this Offer through payment for services and/or the execution of conclusive actions in alignment with the terms defined herein, the accepting party becomes a User of the "Pershe" online service (the acceptance of this Offer is equivalent to entering into the Agreement under the conditions stipulated in this Offer).
2. Definition of Terms Used in the Agreement
2.1. "Access to the Pershe Online Service" (referred to as "Access to the Service") denotes the provision of the right to utilize the result of computer programming represented by the online service "Pershe," which is accessible at https://pershe.com.
2.2. Access to Integration - providing the User with settings for integrating the Pershe Online Service with the User's systems and applications through the use of API.
2.3. User - an individual, individual entrepreneur, or legal entity that has successfully registered and activated their account within the Service at https://userarea.pershe.com/register, and for whom the Service is made available upon payment.
2.4. Pershe online service (Service) - software products presented as an online service designed for automating marketing and messaging operations within the LinkedIn social network - https://pershe.com.
2.5. Parties (each a Party) - the User and the Operator of the online service.
2.6. Tariff - the pricing for Access to the Service and Access to Integration is specified at the following link: https://pershe.com/#pricing.
3. Subject of the Agreement
3.1. This Agreement revolves around the Operator providing the User with Access to the Service and/or Access to Integration (collectively referred to as the "Services"). These Services facilitate the automation of marketing and messaging activities on the LinkedIn social network, including but not limited to data processing and information posting on websites. The specific terms and pricing for these Services are determined by the User's selection from the Tariffs available at https://pershe.com/#pricing.
3.2. By registering at https://userarea.pershe.com/register, the User acknowledges and accepts the terms and conditions of this Agreement. Furthermore, the User commits to adhere to the Privacy Policy (https://pershe.com/privacy-policy) and the Terms of Service for utilizing the Pershe online service (https://pershe.com/terms-of-service), both of which constitute integral components of this Agreement. This registration process signifies the User's unequivocal and unconditional consent to comply with these terms and policies.
4. Terms of Service provision
4.1. The Operator shall provide the Services to the User during the term of the Agreement, commencing no earlier than the activation date stipulated in clause 4.3 of this Agreement.
4.2. Upon successful completion of all sections of the registration form at https://userarea.pershe.com/register, the User obtains the status of a registered Pershe member. Should the User provide incomplete or inaccurate information during registration, the Operator reserves the right to deny the User the status of a registered Pershe member and access to the Service. If the User subsequently rectifies any incomplete or inaccurate information, the Operator shall grant the User Access to the Service under the terms and conditions outlined in the Terms of Service for utilizing the Pershe online service (https://pershe.com/terms-of-service) and this Offer.
4.3. Access to the Service commences on the date when the Operator receives an advance payment, deposited into the Operator's bank account in an amount equal to or greater than the price specified in the relevant tariff at https://pershe.com/#pricing.
5. Price of the Services and payment terms. Acceptance of the Offer
5.1. The price of the Services is determined based on the Tariff selected by the User on the Operator's website at https://pershe.com/#pricing or through a separate agreement at a mutually agreed price between the Parties.
5.2. The Operator reserves the right to offer the Services under special terms (special offers) during promotional periods, with information about such promotions posted on the Operator's website.
5.3. If the User chooses to purchase Access to the Service at a paid rate, the terms of such purchase may be established through:
5.4. The Operator, at its discretion, may offer Access to the Service for informational purposes as part of ongoing special promotions without requiring payment. The details of such tariffs, their functional limitations, and special offers are provided on the Operator's website at https://pershe.com/#pricing. In such cases, Access to the Service is granted for a limited duration, unless explicitly stated otherwise in the Tariffs or special offers. The Operator retains the unilateral right to terminate this Agreement at any time within a tariff or special offer that does not involve payment, without assuming any liability for the Agreement's termination.
5.5. Services under the Tariffs are provided based on a 100% prepayment model. In the event of changes to the Tariffs during a period for which the User has made a payment, the cost of Access for that User will remain unchanged until the expiration of the prepaid usage period for that tariff.
5.6. The cost of a Tariff is determined based on the extent of available functionality within the Service, as outlined on https://pershe.com/#pricing.
5.7. Both Parties have the option to agree on individual pricing for the Services. An offer from the Operator to establish individual prices, when conveyed to the User, remains valid for a period of 5 (five) business days. Furthermore, the Parties retain the right to revise the pricing for the Services at any stage during the execution of this Offer by entering into an individual agreement.
5.8. The cost of the Service is detailed in the automatically generated invoice that follows the User's order placement.
5.9. The validity period of the invoice extends for 3 (three) calendar days from its specified issue date (referred to as the "Acceptance Term"). The Operator may, at its discretion, acknowledge payments received after this stipulated period as a valid acceptance of the offer.
5.10. Acceptance of this offer through payment of the invoice by a third party or without specifying the account number in the payment order is not deemed valid, unless the Operator, exercising its discretion, recognizes such payment as valid.
5.11. The fulfillment of the User's payment obligations is considered complete on the date when the funds are fully credited to the Operator's current account in accordance with the invoice for the requested services.
5.12. Payment for the provided Services must be conducted electronically, either through the User's transfer of funds to the Operator's current account or via a third-party payment system. Following such payment, the payment system will transfer the funds to the Operator's current account, deducting the applicable payment system commission.
5.13. The Operator retains the right to modify the Tariff, and such changes become effective from the moment the revised Tariff is posted at the address specified in clause 5.1 of this Agreement, unless an alternative timeframe for the changes to take effect is expressly specified in the publication.
5.14. In the event of User disagreement with the updated Tariff, the User has the option to terminate the Agreement by providing written notice to the Operator. If no refusal is received, it will be presumed that the User accepts the new Tariff.
5.15. The User accepts this Offer and formalizes the Agreement by making a prepayment for the Services or by providing the necessary consent during the registration process on the Service's platform at https://userarea.pershe.com/register.
5.16. The User is entitled to receive a one-time, complimentary trial access to the Service for a duration of 7 (seven) calendar days, commencing from the date of activation of the trial access within the User's personal account on the Service. This trial access serves as a promotional tool within the framework of current Ukrainian legislation, aimed at fostering user loyalty and attracting new Users.
6. Use of Intellectual Property Rights
6.1. The online service, which constitutes a software product encompassing images, textual materials, and other copyright and/or related rights objects, as well as patent rights, trademarks, commercial designations, and trade names, along with other components (regardless of their inclusion in the Service, whether they serve as additional elements, or can be independently separated and used) (hereinafter referred to as "Intellectual Property Rights"), is safeguarded in compliance with the Ukrainian Law "On Copyright."
6.2. The Operator grants the User a simple (non-exclusive) license to utilize the Intellectual Property Rights worldwide, exclusively for the purpose of accessing the Operator's Service as defined in this Agreement.
6.3. The User is prohibited from distributing, altering, modifying, adapting, translating, compiling, decompiling, reverse engineering, creating derivative works, attempting to reveal the source code, copying, analyzing data, or employing the Service, including its individual parts or components, in a manner inconsistent with its intended functionality, without obtaining written permission from the Operator.
6.4. The software incorporated within the Service may automatically retrieve and install updates designed to enhance, expand, and further develop the Service. These updates may encompass error-correction programs, enhanced features, new program modules, or entirely new versions. By accepting this Offer, the User consents to receiving such updates and authorizes the Service to deliver them as an integral part of the Services.
7. Term of validity and change of the terms of the Offer
7.1. This Offer becomes effective upon its publication on the internet at https://pershe.com/offer and remains valid until the Operator chooses to withdraw it.
7.2. The Operator retains the authority to modify the terms of this Offer and/or withdraw the Offer at its sole discretion, without any obligation. In the event of modifications to the Offer, these alterations shall take effect upon the posting of the revised Offer text at the link specified in clause 7.1 of this Agreement. The Operator will duly inform Users of any changes to the Offer's terms and/or its withdrawal through their personal accounts.
8. Term of the Agreement and Termination
8.1. The Agreement takes effect upon the User's acceptance of the Offer and remains in force for a period of 1 (one) year or until both Parties have fully fulfilled their obligations under this Agreement. Should neither Party notify the other of the Agreement's termination at least 10 (ten) calendar days before its expiration, the Agreement shall automatically extend for successive one-year terms.
8.2. The Agreement may be terminated prematurely under the following circumstances:
8.2.1. By mutual consent of the Parties at any time;
8.2.2. At the discretion of one Party in the event of a breach of the Agreement's terms by the other Party, subject to written notice to the offending Party. In such cases, the Agreement shall be considered terminated upon receipt of written notice by the Party in violation;
8.2.3. At the discretion of one Party, with written notice to the other Party, at least 10 (ten) calendar days before the termination date;
8.2.4. For other reasons stipulated in this Offer (Agreement);
8.2.5. In case of Operator-initiated termination of the Agreement, except when the User has breached their obligations as outlined in clause 3.2 of this Agreement. In this instance, the Operator will reimburse the User for the cost of prepaid but unused Services on a daily prorated basis.
9. Confidentiality and Guarantees
9.1. Any information exchanged between the Parties to fulfill the terms of this Agreement, including details about the technologies and technical solutions employed by the Operator, as well as commercial information related to the Parties' cooperation terms, shall be treated as confidential. Such information shall not be disclosed or utilized without the written consent of the other Party, except in cases of compelled disclosure as mandated by authorized state authorities. In the event of compelled disclosure, both Parties shall promptly, but no later than three (3) business days from the date of such compelled disclosure, inform the other Party in writing.
9.2. Despite the constraints specified in this Section 9 of the Agreement, the Parties acknowledge that the Operator retains the right to showcase the User's logo, including its trademark, and name on the Operator's website at https://pershe.com within the "Our Customers' Experience" section throughout the Agreement's term with the User. This may include sharing information about the provision of Services to the User on social media platforms and through electronic messages to promote the Operator's services.
9.3. By agreeing to these terms and accepting this Offer, the User declares and assures the Operator that:
9.3.1. The User has supplied accurate data (including personal information) during registration on the website https://pershe.com and when generating payment documents and making payments.
9.3.2. The User voluntarily enters into the Agreement and has: a) comprehensively reviewed the Offer's terms, b) fully understood the Agreement's subject matter.
9.3.3. The User possesses all necessary rights and authority to execute and fulfill the Agreement.
9.4. The User is responsible for maintaining the confidentiality of their login and password for the Service, ensuring that unauthorized individuals cannot access them. The User acknowledges that all actions performed using the login and password shall be deemed as duly executed by User-authorized representatives.
9.5. The User is not entitled to invoke actions undertaken on their behalf by unauthorized individuals as a basis for evading liability for the outcomes of such actions or resolving disputes, unless the User has notified the Operator in writing about the loss of their password before such actions took place.
9.6. The User confirms and assures that:
10. Personal data
10.1. By entering into this Agreement, the Parties mutually grant each other the right and consent to process their personal data indefinitely, in accordance with the Law of Ukraine "On Personal Data Protection." In the context of this clause, personal data of the Parties shall encompass the personal data of their representatives, officials, owners/founders, and/or shareholders/participants. The utilization and disclosure of information constituting the personal data of the Parties shall be limited to what is necessary to facilitate the activities, protect the interests of the Parties, and fulfill this Agreement.
10.2. In entering into this Agreement, the Parties affirm that all information provided, which constitutes personal data, is provided by them on legal grounds, and they possess the right to utilize and manage such information.
11. Liability and limitation of liability
11.1. Any violation of the terms outlined in this Agreement shall render the Parties liable as stipulated in this Agreement and/or in accordance with the prevailing legislation of Ukraine.
11.2. The User bears full responsibility for:
11.2.1. The content of the information provided during registration, as well as the content of documents uploaded and transmitted through the Service.
11.2.2. Ensuring the accuracy and completeness of the information provided during registration, as well as the accuracy of the warranties and representations contained in Section 9 of this Offer.
11.2.3. Actions performed by the User while utilizing the Service and actions conducted by individuals acting on behalf of the User using the User's personal identification data.
11.3. Considering the terms specified in clause 11.2 of this Agreement, the User commits to resolving disputes and addressing claims from third parties regarding the information and/or documents posted/sent/received at their own expense. Alternatively, the User shall indemnify the Operator for any losses incurred, including legal costs, related to claims and lawsuits stemming from the posting/sending/receiving of the User's information and/or documents.
11.4. In the event of the User's failure to comply with the terms of payment for the Services as stipulated in this Agreement, the User shall be liable to the Operator. The User shall pay a penalty to the Operator equal to twice the NBU interest rate on the unpaid cost of the Services for each day of such non-compliance.
12. Dispute Resolution Procedure
12.1. Any disputes and disagreements arising in connection with the Offer (Agreement) shall be initially addressed and resolved through negotiations between the Parties.
12.2. If, despite negotiations, a dispute cannot be resolved, it shall be adjudicated in a court of law.
13. Force-major
13.1. The Parties shall be absolved from liability for partial or complete non-fulfillment, or improper fulfillment, of their obligations under this Agreement if such non-fulfillment or improper fulfillment results from force majeure—extraordinary and unforeseeable circumstances beyond the Parties' control, which they could not have anticipated or prevented. These force majeure circumstances may include, but are not limited to, events such as fires, floods, earthquakes, strikes, riots, insurrections, wars, actions by public authorities, and other events that directly impede the Parties' ability to meet their obligations under the Agreement.
13.2. In the event of force majeure occurring during the term of this Agreement, the fulfillment of obligations under the Agreement shall be postponed for the duration of the force majeure event.
13.3. The Party unable to meet its obligations under the Agreement due to force majeure must promptly, but no later than three (3) calendar days following the onset of the force majeure event, notify the other Party in writing. The same notification requirement applies to the termination of the force majeure event. Delayed notification of the force majeure event shall forfeit the respective Party's right to subsequently cite such circumstances as grounds for exemption from liability for non-performance or improper performance, whether in whole or in part, of its obligations under this Agreement. The occurrence of force majeure must be substantiated by a certificate from the relevant competent authority.
14. Advertising
14.1. Some Services are financially supported by advertising revenues and may involve the display of advertisements.
14.2. The Operator determines the methods, means, and procedures for placing advertisements on the Service, which may be subject to change without specific notice to the Users.
14.3. By using the Service and accepting the provided Access to it, the User acknowledges and agrees that the Service may display advertisements.
15. Legal and Contact Information
PE Oleksandr Konoval
13 Holosyeevska Str.,
Kyiv, 03039, Ukraine
Tax ID: 3203216612
WhatsApp: +38 099 54 777 35
Email: info@pershe.com
1.1. This document constitutes a public offer (hereinafter referred to as "the Offer") made by the private entrepreneur Konoval Oleksandr Vitaliyovych (referred to as "the Operator"), who holds the intellectual property rights to software products in the form of the online service "pershe.com," for the purpose of entering into a Service Agreement (hereinafter referred to as "the Agreement") under the terms and conditions specified in this Offer.
1.2. In accordance with Articles 205, 633, 638-642, 901-907 of the Civil Code of Ukraine, upon acceptance of the terms presented in this Offer through payment for services and/or the execution of conclusive actions in alignment with the terms defined herein, the accepting party becomes a User of the "Pershe" online service (the acceptance of this Offer is equivalent to entering into the Agreement under the conditions stipulated in this Offer).
2. Definition of Terms Used in the Agreement
2.1. "Access to the Pershe Online Service" (referred to as "Access to the Service") denotes the provision of the right to utilize the result of computer programming represented by the online service "Pershe," which is accessible at https://pershe.com.
2.2. Access to Integration - providing the User with settings for integrating the Pershe Online Service with the User's systems and applications through the use of API.
2.3. User - an individual, individual entrepreneur, or legal entity that has successfully registered and activated their account within the Service at https://userarea.pershe.com/register, and for whom the Service is made available upon payment.
2.4. Pershe online service (Service) - software products presented as an online service designed for automating marketing and messaging operations within the LinkedIn social network - https://pershe.com.
2.5. Parties (each a Party) - the User and the Operator of the online service.
2.6. Tariff - the pricing for Access to the Service and Access to Integration is specified at the following link: https://pershe.com/#pricing.
3. Subject of the Agreement
3.1. This Agreement revolves around the Operator providing the User with Access to the Service and/or Access to Integration (collectively referred to as the "Services"). These Services facilitate the automation of marketing and messaging activities on the LinkedIn social network, including but not limited to data processing and information posting on websites. The specific terms and pricing for these Services are determined by the User's selection from the Tariffs available at https://pershe.com/#pricing.
3.2. By registering at https://userarea.pershe.com/register, the User acknowledges and accepts the terms and conditions of this Agreement. Furthermore, the User commits to adhere to the Privacy Policy (https://pershe.com/privacy-policy) and the Terms of Service for utilizing the Pershe online service (https://pershe.com/terms-of-service), both of which constitute integral components of this Agreement. This registration process signifies the User's unequivocal and unconditional consent to comply with these terms and policies.
4. Terms of Service provision
4.1. The Operator shall provide the Services to the User during the term of the Agreement, commencing no earlier than the activation date stipulated in clause 4.3 of this Agreement.
4.2. Upon successful completion of all sections of the registration form at https://userarea.pershe.com/register, the User obtains the status of a registered Pershe member. Should the User provide incomplete or inaccurate information during registration, the Operator reserves the right to deny the User the status of a registered Pershe member and access to the Service. If the User subsequently rectifies any incomplete or inaccurate information, the Operator shall grant the User Access to the Service under the terms and conditions outlined in the Terms of Service for utilizing the Pershe online service (https://pershe.com/terms-of-service) and this Offer.
4.3. Access to the Service commences on the date when the Operator receives an advance payment, deposited into the Operator's bank account in an amount equal to or greater than the price specified in the relevant tariff at https://pershe.com/#pricing.
5. Price of the Services and payment terms. Acceptance of the Offer
5.1. The price of the Services is determined based on the Tariff selected by the User on the Operator's website at https://pershe.com/#pricing or through a separate agreement at a mutually agreed price between the Parties.
5.2. The Operator reserves the right to offer the Services under special terms (special offers) during promotional periods, with information about such promotions posted on the Operator's website.
5.3. If the User chooses to purchase Access to the Service at a paid rate, the terms of such purchase may be established through:
- A separate agreement between the User and the Operator, specifying the terms and price for Access to the Service.
- An online order placed through the User's personal account, confirmed by payment (acceptance).
5.4. The Operator, at its discretion, may offer Access to the Service for informational purposes as part of ongoing special promotions without requiring payment. The details of such tariffs, their functional limitations, and special offers are provided on the Operator's website at https://pershe.com/#pricing. In such cases, Access to the Service is granted for a limited duration, unless explicitly stated otherwise in the Tariffs or special offers. The Operator retains the unilateral right to terminate this Agreement at any time within a tariff or special offer that does not involve payment, without assuming any liability for the Agreement's termination.
5.5. Services under the Tariffs are provided based on a 100% prepayment model. In the event of changes to the Tariffs during a period for which the User has made a payment, the cost of Access for that User will remain unchanged until the expiration of the prepaid usage period for that tariff.
5.6. The cost of a Tariff is determined based on the extent of available functionality within the Service, as outlined on https://pershe.com/#pricing.
5.7. Both Parties have the option to agree on individual pricing for the Services. An offer from the Operator to establish individual prices, when conveyed to the User, remains valid for a period of 5 (five) business days. Furthermore, the Parties retain the right to revise the pricing for the Services at any stage during the execution of this Offer by entering into an individual agreement.
5.8. The cost of the Service is detailed in the automatically generated invoice that follows the User's order placement.
5.9. The validity period of the invoice extends for 3 (three) calendar days from its specified issue date (referred to as the "Acceptance Term"). The Operator may, at its discretion, acknowledge payments received after this stipulated period as a valid acceptance of the offer.
5.10. Acceptance of this offer through payment of the invoice by a third party or without specifying the account number in the payment order is not deemed valid, unless the Operator, exercising its discretion, recognizes such payment as valid.
5.11. The fulfillment of the User's payment obligations is considered complete on the date when the funds are fully credited to the Operator's current account in accordance with the invoice for the requested services.
5.12. Payment for the provided Services must be conducted electronically, either through the User's transfer of funds to the Operator's current account or via a third-party payment system. Following such payment, the payment system will transfer the funds to the Operator's current account, deducting the applicable payment system commission.
5.13. The Operator retains the right to modify the Tariff, and such changes become effective from the moment the revised Tariff is posted at the address specified in clause 5.1 of this Agreement, unless an alternative timeframe for the changes to take effect is expressly specified in the publication.
5.14. In the event of User disagreement with the updated Tariff, the User has the option to terminate the Agreement by providing written notice to the Operator. If no refusal is received, it will be presumed that the User accepts the new Tariff.
5.15. The User accepts this Offer and formalizes the Agreement by making a prepayment for the Services or by providing the necessary consent during the registration process on the Service's platform at https://userarea.pershe.com/register.
5.16. The User is entitled to receive a one-time, complimentary trial access to the Service for a duration of 7 (seven) calendar days, commencing from the date of activation of the trial access within the User's personal account on the Service. This trial access serves as a promotional tool within the framework of current Ukrainian legislation, aimed at fostering user loyalty and attracting new Users.
6. Use of Intellectual Property Rights
6.1. The online service, which constitutes a software product encompassing images, textual materials, and other copyright and/or related rights objects, as well as patent rights, trademarks, commercial designations, and trade names, along with other components (regardless of their inclusion in the Service, whether they serve as additional elements, or can be independently separated and used) (hereinafter referred to as "Intellectual Property Rights"), is safeguarded in compliance with the Ukrainian Law "On Copyright."
6.2. The Operator grants the User a simple (non-exclusive) license to utilize the Intellectual Property Rights worldwide, exclusively for the purpose of accessing the Operator's Service as defined in this Agreement.
6.3. The User is prohibited from distributing, altering, modifying, adapting, translating, compiling, decompiling, reverse engineering, creating derivative works, attempting to reveal the source code, copying, analyzing data, or employing the Service, including its individual parts or components, in a manner inconsistent with its intended functionality, without obtaining written permission from the Operator.
6.4. The software incorporated within the Service may automatically retrieve and install updates designed to enhance, expand, and further develop the Service. These updates may encompass error-correction programs, enhanced features, new program modules, or entirely new versions. By accepting this Offer, the User consents to receiving such updates and authorizes the Service to deliver them as an integral part of the Services.
7. Term of validity and change of the terms of the Offer
7.1. This Offer becomes effective upon its publication on the internet at https://pershe.com/offer and remains valid until the Operator chooses to withdraw it.
7.2. The Operator retains the authority to modify the terms of this Offer and/or withdraw the Offer at its sole discretion, without any obligation. In the event of modifications to the Offer, these alterations shall take effect upon the posting of the revised Offer text at the link specified in clause 7.1 of this Agreement. The Operator will duly inform Users of any changes to the Offer's terms and/or its withdrawal through their personal accounts.
8. Term of the Agreement and Termination
8.1. The Agreement takes effect upon the User's acceptance of the Offer and remains in force for a period of 1 (one) year or until both Parties have fully fulfilled their obligations under this Agreement. Should neither Party notify the other of the Agreement's termination at least 10 (ten) calendar days before its expiration, the Agreement shall automatically extend for successive one-year terms.
8.2. The Agreement may be terminated prematurely under the following circumstances:
8.2.1. By mutual consent of the Parties at any time;
8.2.2. At the discretion of one Party in the event of a breach of the Agreement's terms by the other Party, subject to written notice to the offending Party. In such cases, the Agreement shall be considered terminated upon receipt of written notice by the Party in violation;
8.2.3. At the discretion of one Party, with written notice to the other Party, at least 10 (ten) calendar days before the termination date;
8.2.4. For other reasons stipulated in this Offer (Agreement);
8.2.5. In case of Operator-initiated termination of the Agreement, except when the User has breached their obligations as outlined in clause 3.2 of this Agreement. In this instance, the Operator will reimburse the User for the cost of prepaid but unused Services on a daily prorated basis.
9. Confidentiality and Guarantees
9.1. Any information exchanged between the Parties to fulfill the terms of this Agreement, including details about the technologies and technical solutions employed by the Operator, as well as commercial information related to the Parties' cooperation terms, shall be treated as confidential. Such information shall not be disclosed or utilized without the written consent of the other Party, except in cases of compelled disclosure as mandated by authorized state authorities. In the event of compelled disclosure, both Parties shall promptly, but no later than three (3) business days from the date of such compelled disclosure, inform the other Party in writing.
9.2. Despite the constraints specified in this Section 9 of the Agreement, the Parties acknowledge that the Operator retains the right to showcase the User's logo, including its trademark, and name on the Operator's website at https://pershe.com within the "Our Customers' Experience" section throughout the Agreement's term with the User. This may include sharing information about the provision of Services to the User on social media platforms and through electronic messages to promote the Operator's services.
9.3. By agreeing to these terms and accepting this Offer, the User declares and assures the Operator that:
9.3.1. The User has supplied accurate data (including personal information) during registration on the website https://pershe.com and when generating payment documents and making payments.
9.3.2. The User voluntarily enters into the Agreement and has: a) comprehensively reviewed the Offer's terms, b) fully understood the Agreement's subject matter.
9.3.3. The User possesses all necessary rights and authority to execute and fulfill the Agreement.
9.4. The User is responsible for maintaining the confidentiality of their login and password for the Service, ensuring that unauthorized individuals cannot access them. The User acknowledges that all actions performed using the login and password shall be deemed as duly executed by User-authorized representatives.
9.5. The User is not entitled to invoke actions undertaken on their behalf by unauthorized individuals as a basis for evading liability for the outcomes of such actions or resolving disputes, unless the User has notified the Operator in writing about the loss of their password before such actions took place.
9.6. The User confirms and assures that:
- They are not a resident of the Russian Federation.
- The ultimate beneficial owners and owners of significant participation (if applicable) in the legal entity are not residents of the Russian Federation.
- The participants of the legal entity (whether legal entities or individuals) are not situated (not registered/not permanently residing) in the Russian Federation.
10. Personal data
10.1. By entering into this Agreement, the Parties mutually grant each other the right and consent to process their personal data indefinitely, in accordance with the Law of Ukraine "On Personal Data Protection." In the context of this clause, personal data of the Parties shall encompass the personal data of their representatives, officials, owners/founders, and/or shareholders/participants. The utilization and disclosure of information constituting the personal data of the Parties shall be limited to what is necessary to facilitate the activities, protect the interests of the Parties, and fulfill this Agreement.
10.2. In entering into this Agreement, the Parties affirm that all information provided, which constitutes personal data, is provided by them on legal grounds, and they possess the right to utilize and manage such information.
11. Liability and limitation of liability
11.1. Any violation of the terms outlined in this Agreement shall render the Parties liable as stipulated in this Agreement and/or in accordance with the prevailing legislation of Ukraine.
11.2. The User bears full responsibility for:
11.2.1. The content of the information provided during registration, as well as the content of documents uploaded and transmitted through the Service.
11.2.2. Ensuring the accuracy and completeness of the information provided during registration, as well as the accuracy of the warranties and representations contained in Section 9 of this Offer.
11.2.3. Actions performed by the User while utilizing the Service and actions conducted by individuals acting on behalf of the User using the User's personal identification data.
11.3. Considering the terms specified in clause 11.2 of this Agreement, the User commits to resolving disputes and addressing claims from third parties regarding the information and/or documents posted/sent/received at their own expense. Alternatively, the User shall indemnify the Operator for any losses incurred, including legal costs, related to claims and lawsuits stemming from the posting/sending/receiving of the User's information and/or documents.
11.4. In the event of the User's failure to comply with the terms of payment for the Services as stipulated in this Agreement, the User shall be liable to the Operator. The User shall pay a penalty to the Operator equal to twice the NBU interest rate on the unpaid cost of the Services for each day of such non-compliance.
12. Dispute Resolution Procedure
12.1. Any disputes and disagreements arising in connection with the Offer (Agreement) shall be initially addressed and resolved through negotiations between the Parties.
12.2. If, despite negotiations, a dispute cannot be resolved, it shall be adjudicated in a court of law.
13. Force-major
13.1. The Parties shall be absolved from liability for partial or complete non-fulfillment, or improper fulfillment, of their obligations under this Agreement if such non-fulfillment or improper fulfillment results from force majeure—extraordinary and unforeseeable circumstances beyond the Parties' control, which they could not have anticipated or prevented. These force majeure circumstances may include, but are not limited to, events such as fires, floods, earthquakes, strikes, riots, insurrections, wars, actions by public authorities, and other events that directly impede the Parties' ability to meet their obligations under the Agreement.
13.2. In the event of force majeure occurring during the term of this Agreement, the fulfillment of obligations under the Agreement shall be postponed for the duration of the force majeure event.
13.3. The Party unable to meet its obligations under the Agreement due to force majeure must promptly, but no later than three (3) calendar days following the onset of the force majeure event, notify the other Party in writing. The same notification requirement applies to the termination of the force majeure event. Delayed notification of the force majeure event shall forfeit the respective Party's right to subsequently cite such circumstances as grounds for exemption from liability for non-performance or improper performance, whether in whole or in part, of its obligations under this Agreement. The occurrence of force majeure must be substantiated by a certificate from the relevant competent authority.
14. Advertising
14.1. Some Services are financially supported by advertising revenues and may involve the display of advertisements.
14.2. The Operator determines the methods, means, and procedures for placing advertisements on the Service, which may be subject to change without specific notice to the Users.
14.3. By using the Service and accepting the provided Access to it, the User acknowledges and agrees that the Service may display advertisements.
15. Legal and Contact Information
PE Oleksandr Konoval
13 Holosyeevska Str.,
Kyiv, 03039, Ukraine
Tax ID: 3203216612
WhatsApp: +38 099 54 777 35
Email: info@pershe.com