CLIENT AGREEMENT FOR OD-Graphics.com
Service OD-Graphics.com (hereinafter referred to as the “Site”), acting in accordance with the legislation of Ukraine, guided by Art. Art. 633, 641 of the Civil Code of Ukraine, invites an unlimited number of individuals to conclude this Client Agreement (hereinafter referred to as the “Agreement”) on the following conditions:
1. TERMS AND GENERAL PROVISIONS.
1.1. "Agreement" - a proposal of the Site Administration, set forth on the Site and addressed to an unlimited number of individuals, to use this Site on the conditions set forth below.
1.2. "Site" - a web page on the Internet at https://iampm.club, which is a source of information for clients about the Contractor and the services provided by the latter.
1.3. “Acceptance” - full, unconditional and unconditional acceptance by the Client of the terms of this Agreement.
1.4. “Site Administration” is a business entity that posts information about the Services on the Site and provides Clients with access to the Site on the following conditions. Information about the Site Administration is specified in clause 13 of this Agreement.
1.4. "Artist" - an authorized person by the site owner who provides the client with services for the creation, development of printed stickers on motorcycles on behalf of the site owners and conducts written and oral communication with the client.
1.5. “Client” - an individual who has reached the age of 18 and who has accepted this Agreement. Individuals who have not reached this age can become Clients only if they obtain consent from their parents or other authorized representatives.
1.6. Service for the creation of printed stickers (hereinafter referred to as the “Service”) - expressed in the form of printing a client's design on film.
1.7. Service program - includes the following conditions:
1.7.1. Data required to create stickers;
1.7.2. Provision of prototypes, sketches, developments in oral or written forms by the parties to each other;
1.7.3. Service cost.
1.7.4. Payment procedure, etc.
1.7.5. Execution of the service after its approval.
1.7.6. Transfer of the result of work.
2. SUBJECT OF THE AGREEMENT.
2.1. In accordance with the terms of this Agreement, the Site provides the client with access to the information that is posted on it, and the Client undertakes to use access to the Site on the following conditions.
2.2. The site is a platform for hosting all kinds of design services.
2.3. Using the Site, the Client independently chooses the existing design and orders its personalization, or contacts the Artist before ordering to create a unique design.
2.4. Information about the Service is indicated in the Program for the provision of the Service.
2.5. The provision of the Service is carried out on the terms of the Offer for the conclusion of a public contract for the provision of services, which regulates the relationship between the Site and the Client.
2.6. The Site Administration is responsible for the fulfillment of the terms of the Offer on the conclusion of a public agreement on the provision of services.
2.7. The Client agrees that the designs or parts thereof that are the result of the work of the Site Artists also in the case of using prototypes, sketches, images, design details received from the Client are subject to the ownership rights of the Site Owners and the Site Owner has all exclusive rights to copy, reproduce, print, store, use and other types of disposal of this object.
2.8. The Site Administration is responsible for the information and other materials posted by the Artist on the Site, the results of the Service provided by the Artist.
2.9. No claims on the effectiveness of the Client's application of the Service, knowledge and skills received from the Artist, can be presented after the approval of the design by sending it to print. Responsibility for the use of errors in design, fonts, texts and other forms of artistic creation after the approval of the design and its individual parts rests entirely with the Client.
3. ACCEPTANCE OF AGREEMENT
3.1. Acceptance of this Agreement is equivalent to the Client's handwritten signature on this Agreement and means the Client's full and unconditional consent to all the terms of this Agreement and its amendments. Ignorance of the terms of this Agreement does not relieve the Client from liability for failure to comply with it.
3.2. The Acceptance of this Agreement is equated, including, but not exclusively:
3.2.1. Actual use of the Site by the Client, and / or;
3.2.2. Sending by the Client his contacts in the form of an application for the provision of the Service, and / or;
3.2.3. The Client makes full or partial Payment to the Artist of the cost of the corresponding Service, and / or;
3.2.4. Any other forms of interaction of the Client with the Site or directly with the Artist or a representative of the site in any messengers, social networks and other Internet places.
4. RIGHTS AND OBLIGATIONS OF THE SITE ADMINISTRATION:
4.1. The Site Administration has the right to:
4.1.1. Receive from the Client the information necessary to use this Site;
4.1.2. Post, change and delete any information on the Site.
4.1.3. Publish any materials and reviews created by the Client in the process of an eye
knowledge of the Service, without any restrictions or compensation in favor of the Client.
4.2. The Site Administration undertakes:
4.2.1. Provide the client with access to the Site in accordance with this Agreement.
4.2.2. Inform the Client about the rules and requirements for using the Site.
5. RIGHTS AND OBLIGATIONS OF THE CLIENT.
5.1. The client has the right:
5.1.1. Access the Site in accordance with the terms of this Agreement.
5.1.2. Receive additional information on the work of the Site.
5.2. The client undertakes:
5.2.1. Use the information received on the Site in good faith.
5.2.2. Refrain from actions that:
22.214.171.124. may prevent other Clients from using the Site.
126.96.36.199. may lead to the inoperability of the Site or devices of other clients ..
188.8.131.52. violate public order, including offending other clients of the Site, are expressed in the use of obscene expressions.
184.108.40.206. humiliate the honor, dignity, business reputation of the Site Administration, the Contractors, and other clients, including by posting information on the Internet, in print publications, mailings or in any other way that is of a public nature.
6. RESPONSIBILITY OF THE PARTIES.
6.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the parties are responsible in accordance with the current legislation of Ukraine.
6.2. ACCESS TO THE SITE AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES. THE SITE ADMINISTRATION DOES NOT PROVIDE ANY WARRANTY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, AS WELL AS WARRANTIES ARISING FROM BUSINESSES AND OTHERWISE FROM THE BUSINESSES. IN ADDITION, THE SITE ADMINISTRATION DISCLAIMS LIABILITY RELATED TO THE CLIENT'S ACCESS TO THE SITE AND RELATED MATERIALS, AS WELL AS THEIR USE. Customer AGREE TO ACCESS AND USE THE SITE AND RELATED MATERIALS AT THEIR OWN RISK.
6.3. To the maximum extent permitted by the legislation of Ukraine, the Site Administration is not responsible for indirect, incidental, actual, indirect or direct losses, directly or indirectly lost profits or non-receipt of income, loss of data, performance, goodwill or other intangible values associated with a) the access of the Client to the Site and its use or the impossibility of such access or use; b) with materials or behavior, including defamatory, offensive or illegal, of any third party; or c) with unauthorized access, use or modification of the Client's materials or information. Under no circumstances may the aggregate liability for all claims regarding access to the Site and its Materials exceed fifty US dollars (US $ 50).
6.4. The client agrees that the disclaimer of warranties and the limitation of liability set forth in this Agreement reflect a reasonable and fair distribution of risks, and are also a prerequisite for providing access to the Site and its materials.
6.5. The client agrees that any claim related to the products after the printing of stickers has been applied must be brought against the person who performed the installation of the stickers.
6.6. In case of violation by the Client of clause 11.1 of this Agreement and the use of the materials of the Site for non-personal purposes, distribution of the materials of the Site in any way and regardless of the circle of persons, the Site Administration has the right to terminate this Agreement unilaterally and block the client's access to the Site.
7. FORCE MAJEURE.
7.1. The Parties are exempt from liability for non-fulfillment of obligations if this failure is caused by circumstances that do not depend on the will of the Parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of authorities or administration, etc., which makes it impossible to fulfill the terms of this Agreement (hereinafter - "Force Majeure").
7.2. Force majeure is applied, and the Party for which it has occurred is released from liability for violation of the terms of this Agreement, if there is a written confirmation (conclusion, certificate) of the Ukrainian Chamber of Commerce and Industry about the occurrence of force majeure.
7.3. The Party for which the Force Majeure has occurred undertakes to immediately notify the other Party and provide documents confirming the Force Majeure.
7.4. From the moment the other party receives such notification, the fulfillment of the terms of this Agreement is suspended for the entire period of force majeure.
7.5. In the event of Force Majeure circumstances for more than 3 months, each of the parties has the right to initiate the termination of the Agreement.
8. TERMINATION OF AGREEMENT.
8.1. This Agreement is terminated:
8.1.1. By agreement of the parties;
8.1.2. If the Site Administration's fulfillment of its obligations is impossible due to the adoption of regulatory legal acts that have changed the conditions established by this Agreement, and the Site Administration is not going to make changes to the SOG
8.1.2. In cases of violation by the Client of the conditions provided for in paragraphs. 5.2 and 11.1 of this Agreement.
8.1.3. In other cases provided for by this Agreement and the current legislation of Ukraine.
9. PROCESSING OF PERSONAL DATA.
9.1. The client confirms to the Site Administration that he voluntarily and gratuitously provides his consent to the processing of his personal data (including last name, first name and patronymic, registered place of residence and / or actual place of residence, identification number, state registration data; bank details, phone numbers and e-mail addresses). mail, etc.) in the personal data base of the Site Administration "Clients", including collection, registration, inclusion in the database, accumulation, storage, adaptation, change, update, use, distribution (distribution, transfer, including cross-border transfer), depersonalization, destruction of personal data in the database on the territory of Ukraine and abroad in order to fulfill the obligations under this Agreement and in order to ensure the implementation of tax relations, economic relations, civil law relations and relations in the field of accounting, advertising and marketing. The client consents to the transfer of his personal data to third parties in the minimum required volumes and only in order to fulfill the obligations under this Agreement, which correspond to the objective reason for collecting the relevant data. The client agrees to the Site Administration for the transfer and processing of his personal data using cloud services (for example, google, amazon, iCloud, etc.), which are foreign subjects of relations associated with personal data. In order to process personal data using cloud services, the Client agrees to the Site Administration for the cross-border transfer of his personal data.
9.2. The client confirms that he was informed about his rights determined by the Law of Ukraine "On the Protection of Personal Data" dated June 1, 2010 No. 2297-VI, as amended, the purpose of processing and collecting personal data.
10. DURATION OF AGREEMENT.
10.1. This Agreement enters into force from the moment it is posted on the Site and is valid until it is revoked by the Site Administration.
10.2. The Site Administration has the right at any time to amend the terms of the Agreement and / or terminate the Agreement at any time at its discretion. In the event that the Site Administration makes changes to the Agreement, such changes come into force from the moment the amended text of the Agreement is posted on the Site, unless another date for the entry into force of the changes is determined directly in the text of the amended Agreement.
11. INTELLECTUAL PROPERTY.
11.1. The Site Administration provides the client with a limited, personal, non-exclusive, non-transferable and revocable license to use the Site and any materials or information obtained in the process of using the Site. The work received in any form (material / digital) or any other information posted on the Site, received in correspondence with a representative of the site, the Client can only use for personal non-commercial use, unless the Client has received written permission from the Site Administration for their use for other purposes.
11.2. The client agrees to use only one account and not to transfer access or credentials to third parties to access it.
11.3. The use of the Site does not give the client material or intellectual property rights to the Site and its materials used.
11.4. Together with the materials that are transferred by the Client to the Site Administration or the Artist, the Client provides the Site Administration or the Artist with a fully transferable, free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, publicly distribute and reproduce the Client's materials, as well as to create derivatives works and use for other purposes, unless otherwise specified in a separate agreement between the Site Administration and the Client, the Artist and the Client ..
11.5. The license specified in clause 11.4 of this Agreement gives the Site Administration the right to provide the Client's materials to other Clients, who will later purchase in the form of Services on the Site. This condition does not limit other legal rights of the Site Administration to the Client's materials, for example, under other licenses. The Site Administration has the right to delete or change the Client's materials for any reason, including if, in the opinion of the Site Administration, they do not comply with the Agreement or the legislation of Ukraine.
12. FINAL PROVISIONS.
12.1. The parties have established that any disputes and claims will be resolved by the parties through negotiations.
12.2. By accepting this Agreement, the Client agrees that all disputes related to this Agreement will be considered in accordance with the legislation of Ukraine without regard to the rules of conflict of laws. The client also agrees that in
All such disputes are within the exclusive competence of the courts of Ukraine.
12.3. The headings used in the articles and clauses of this Agreement are used only for reference and ease of use of the text. These headings should not be construed as defining, limiting or modifying, or affecting the meaning and meaning of the terms of this Agreement or any part thereof.
12.4. If any of the provisions of this Agreement is invalidated, then the validity of its remaining provisions will not be lost.
12.5. In all cases not provided for in this Agreement, the Parties are guided by the current legislation of Ukraine.
13. Contacts of the Site Administration:
Tel .: +380 93 967 2341,