on the provision of services in the field of SaaS in the cloud under the terms of a public offer
FOP Miller Mykhailo Leonidovych, one parties, guided by Art. 633, 634, 641, 642 of the Civil Code of Ukraine, with this public offer offers any natural person, including a natural person – an entrepreneur, or a legal entity endowed with civil legal capacity and legal capacity, hereinafter – the “Customer, User”, to enter into this The contract is based on the following conditions:
1. DEFINITIONS OF TERMS AND OTHER INFORMATION
The contract uses the following terms:
1.1. Public offer – in accordance with the terms of this Agreement and Article 641 of the Civil Code of Ukraine, a public offer of the Contractor, the addressed legal entity or individual entrepreneur of the Cooperative, with the aim of concluding this Agreement, on the existing conditions specified in the Agreement.
1.2. Acceptance is the full and unquestionable acceptance by the User of all the terms of this contract.
1.3. Program (or “Software” or “Software”) – software products (computer programs) owned or distributed by the Rightholder company, including appropriate technical and other documentation, copyright management information (in accordance with the license terms of distribution and use) , software updates, etc., licenses for the use of which are transferred under this Agreement.
1.4. SaaS is a software service, a model of distribution of software products to the end user, in which the provider develops a web application, hosts it and manages it (independently or through third parties) for the purpose of using it by customers over the Internet. The rights to its use are granted without transferring the distribution to the User, by registering on the official website of the Contractor https://saas1s.com and providing cloud use.
1.5. Cloud computing is a distributed data processing technology in which computer resources and power are provided to the user as an Internet service.
1.6. Accounting period – a time period, a multiple of one calendar month, for which payment for the use of server resources is calculated and made.
1.7 Additional services – all other services provided by the Contractor at the User’s request, with the exception of granting the right to use the Program.
1.8. Account – an account that is individualized by the credentials specified by the User when registering on the official website of the Contractor https://saas1s.com.
1.9. A communication channel is a communication system that allows the Contractor to obtain temporary access via the data transfer protocol to the Rightholder’s server in order to access the Program and, if necessary, configure the server software.
1.10. Software is a concept that covers both the operating system and application programs expressed in source or object codes, including the software of the “1C:Enterprise” complex.
1.11. The tariff plan is the volume of services, according to which the cost of services is calculated and which are provided monthly to the User by the Contractor for a fee.
1.12. Server is a computer (physical or virtual) on which the database (several databases) of the Software Product is located.
1.13. The right holder is a legal entity or an individual who is the owner of all proprietary copyrights in the Software for the purposes of this agreement.
A person who has the right to provide the Software for use under rental rights is equated to the right holder within the meaning of this Agreement.
Rights holders can be one of the companies or several companies: The transfer of exclusive rights to another person is not a reason to terminate other contracts related to the use of the program.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of the Agreement is the Contractor’s provision of computing resource rental services on the Internet, which includes, among other things, the use of the “1C:Enterprise” software complex in accordance with the tariff plan chosen by the User, the right of ownership, the use of which has been granted to the Contractor by the Right Owner, as well as maintenance services of the specified software complex.
2.2. The Contractor undertakes to provide services in the order and under the conditions specified by this Agreement and its Annexes, which are an integral part of the agreement, and the User undertakes to accept services in the order and under the conditions specified herein Agreement and Annexes to it.
2.3. Services for using the “1C:Enterprise” software complex include:
2.3.1. Providing access to the Rightholder’s servers for the use of “1C:Enterprise” software products. Providing access means the ability to launch;
2.3.2. Provision of virtual space on the server of the Contractor;
2.3.3. Configuration and installation of the software package.
2.4. Software products “1C: Enterprise” include the main supplies, the list of which is posted on the website https://saas1s.com.
2.5. Access to the capabilities of the “1C:Enterprise” software complex, in particular to its maintenance services, is provided after and subject to prior payment in accordance with the specified tariffs.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The user has the right to:
3.1.1. Use the Program for its intended purpose, namely:
220.127.116.11. provide employees of the User’s organization with access to work in the Program;
18.104.22.168. to use for work purposes the information generated as a result of using the Program;
22.214.171.124. use the Program in commercial activities, within the servers of the Rightholder, with the exception of resale, rental or transfer of the Program to third parties;
3.1.2. To receive services of appropriate quality, in the case of ordering and paying for them, namely software configuration.
3.1.3. For the right of use, to receive round-the-clock access to the virtual space on the server of the Contractor for hosting the “1C:Enterprise” software complex, in case of its order and payment.
3.2. The user is obliged to:
3.2.1. use the Program only within the limits of those rights and in the ways provided for in this Agreement.
3.2.2. to make payment under this Agreement and in accordance with the terms of this Agreement.
3.3. The user does not have the right to:
3.3.1. own and use a copy of the Program;
3.3.2. transfer the right to use the Program to third parties (non-exclusive license);
3.3.3. grant sublicenses for any use of the Program to third parties;
3.3.4. play the Program on your own PC;
3.3.5. copy, reproduce, modify, publish, distribute in any way the Program or its parts and perform other actions aimed at obtaining commercial benefits in relations with third parties through such use of the Program, which is not provided for in this Agreement.
3.4. The executor is obliged to:
3.4.1. grant the User the right to use the Program within five working days from the moment the User fulfills his payment obligations under this Agreement;
3.4.2. provide access to the Program daily and around the clock, except for the time of preventive works.
3.4.3. to eliminate possible program failures in the operation of the Program that occurred due to the Contractor’s fault, based on the User’s electronic application and/or the application sent to the e-mail address firstname.lastname@example.org.
3.5. The executor has the right.
3.5.1. block access to server data in the event of non-payment and not renew the Agreement.
3.5.2. release new versions of the Program, set the conditions for providing them to the User and the conditions for providing technical support.
4. PROCEDURE FOR PROVIDING SERVICES AND PROGRAM RIGHTS
4.1. The User submits an application on the website https://saas1s.com in order to register in the customer accounting system and receives from the Contractor a login and password to access the personal Account.
4.2. In accordance with this agreement, the End User receives access to use software products in the cloud at the same time for the number of places specified in the electronic application and paid for the corresponding period of use.
Any personal computer, terminal or other device with which the user can access the Rightholder’s server to use the software specified in this Agreement is considered a workplace.
If there is a need to change the number of workplaces, the User issues a corresponding application to the Contractor.
4.3. To obtain access to the software product, the User places an order on the official website of the Contractor by filling out the appropriate form, specifying the program version, tariff plan, accounting period and additional services, if necessary. As a result, an invoice will be generated for the User for the payment of services in accordance with this Agreement.
4.4. The right to use the Program is granted to the User within 7 (seven) working days from the moment the User fulfills his payment obligations in accordance with this Agreement. Confirmation of the transfer to the User of the right to use the program is the sending via the Internet of access data to the cloud use of the Program hosted on the server of the Contractor;
4.5. After making the payment, the User, during the paid period, gets access to use the Program on a permanent basis. The beginning of the accounting period is considered to be the date of receipt of funds to the Contractor’s account.
4.6. The user has no right to transfer, provide for temporary use, distribute this software product to third parties, is not entitled to allow third parties to access the software product and/or use the functionality of the software product for a fee. This restriction does not exclude the ability of the End User to keep records in the interests of third parties at their workplaces.
4.7. The User’s provision of an invoice generated in accordance with the received order is equivalent to the provision of a signed Act of provision of services to the User.
4.8. Payment by the User of the generated invoice, in accordance with the terms of this Agreement, means full and unquestionable agreement with the terms of this agreement and awareness of the rights and obligations arising from the Parties as a result of concluding this agreement.
4.9. When providing a copy of software products in the cloud for temporary use:
4.9.1. The user undertakes to use the received copy of the software product in accordance with the terms of this agreement.
4.9.2. The user undertakes not to take actions, the result of which is the elimination or reduction of the effectiveness of technical means of copyright protection used in software products, including the use of software and technical means of “multiplexing”, means that change the algorithm of operation of software or hardware means of protection of software products, and also not to use software products with removed or changed without the permission of the Rightholder means of protection.
5. COST AND PROCEDURE OF CALCULATIONS
5.1. The cost of the services provided for the use of the Program, as well as the cost of additional services provided under this Agreement, are posted on the official website of the Contractor https://saas1s.com, and are indicated in the generated invoice for payment.
5.2. Payment under this Agreement is made by 100% prepayment.
5.3. The moment of the User’s fulfillment of his payment obligations is considered the date of crediting of funds to the Contractor’s current account in full in accordance with the invoice for the ordered services.
5.4. In the event of termination of the Agreement for any reason, the money deposited as an advance payment shall not be returned to the User.
6. FORCE MAJEURE
6.1. In the event of force majeure circumstances that make it impossible for the Parties to fulfill their obligations under this Agreement and do not depend on the will of the Parties, the Parties shall be released from responsibility for non-fulfillment of their obligations, if within 10 (ten) days from the moment of occurrence of such circumstances, the Party affected by the influence of such circumstances shall notify the other Party of what has occurred, and shall also make every effort to eliminate the consequences of the force majeure circumstances.
6.2. Circumstances of force majeure include extraordinary events of an external nature that occur outside or against the will or desire of the Parties, such as natural disasters, accidents, fires, mass disturbances and strikes, military actions, illegal actions of third parties, pandemics and the introduction of quarantine, the entry into force of legislative acts, government resolutions and orders of state bodies.
6.3. The Party that has suffered losses due to force majeure circumstances may demand from the Party that has become the object of force majeure, documentary confirmation of the scale of the events and their impact.
6.4. The appropriate document confirming the occurrence of force majeure circumstances is the conclusion of the relevant territorial body of the Chamber of Commerce and Industry of Ukraine and/or the recognition or establishment of such circumstances by the relevant normative legal act.
7. RESPONSIBILITY OF THE PARTIES
7.1. The parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with its provisions and the current legislation of Ukraine.
7.2. The User exercises rights to use the Program at his own risk, and agrees that no software is error-free.
7.3. The Contractor provides basic information protection of the User’s data by means of the technical means used to build the Program.
7.4. The executor is not responsible for:
7.4.1. for the actions and results of the User’s actions related to the exercise of the right to use the Program;
7.4.2. for damages of any nature caused to the User as a result of the loss or disclosure of data necessary for accessing the Program;
7.4.3. for the quality of services, devices and additional software required to work under the Program, provided by third parties;
7.4.4. for the logic of information processing, including errors made by the Customer or his authorized persons while working with the Program.
7.5. The contractor performs data backup, which he is obliged to carry out independently. The Contractor is not responsible in case of data loss due to the fault of the User.
8. PROCEDURE FOR CONCLUSION, DURATION AND TERMINATION OF THE AGREEMENT
8.1 This Agreement is concluded by joining the User to all its terms as a whole after accepting the provisions of the public offer (acceptance) without the obligation to sign a written copy of the Agreement between the parties.
The valid Agreement has legal force and is equivalent to the Agreement signed by the parties.
8.2. Acceptance of an offer in accordance with Articles 205 and 642 of the Civil Code of Ukraine consists in
performance by the User of the following conclusive actions aimed at obtaining services:
8.2.1. registration on the Contractor’s website https://saas1s.com;
8.2.2. identification on the web portal – making a bank payment or concluding a contract (including by sending an application for joining a public contract) (for legal entities), uploading copies of a passport and a taxpayer’s registration card (for individuals) in accordance with clause 3.9 of this Agreement.
8.3. The contract is considered concluded and enters into force from the moment of payment on the generated invoice and is valid for the period of the corresponding payment. The validity period of the Agreement is extended with each payment of the next accounting period of the SaaS version.
8.4. This contract can be terminated at his initiative by notifying the Contractor by e-mail at least 30 days before the end of the paid accounting period.
8.5. Termination of the Agreement does not release the Parties from fulfilling obligations that arose before its termination.
8.6. All disputes regarding the subject of the contract are resolved through negotiations. If it is impossible to reach an agreement on the resolution of disputes through negotiations, they are referred to the court.
9. INTELLECTUAL PROPERTY
9.1. Exclusive rights to intellectual property objects that arise or may arise in the course of the functioning of the “1C:Enterprise” software complex are retained by the Rightholder.
9.2. All materials transferred by the Performer to the User are the result of intellectual property of the Rightholder and/or its partners.
9.3. Time-limited non-exclusive rights to use software products in the cloud are transferred to the user.
10. ADDITIONAL TERMS
10.1. The supplier has the right to monitor compliance with the order of use of software products by the End User.
11. DISPUTE SETTLEMENT PROCEDURE
11.1. All disputes and controversies that may arise during the execution of this Agreement shall be settled through negotiations and consultations.
11.2. In the event of failure to reach an agreement through negotiations and consultations and for the purpose of settling disputes and disputes in a pre-trial procedure, the Parties reserve the right to present claims, which must be considered by the Party against whom such complaints are filed within a reasonable time.
11.3. In case of impossibility of settlement of a dispute or dispute between the Parties through negotiations and consultations or in a pre-trial procedure, such dispute or dispute shall be resolved in court.
12. FINAL PROVISIONS
12.1. The public offer is valid until it is changed or withdrawn by the Contractor.
12.2. Amendments and additions to the Agreement are made by the Contractor unilaterally by notifying the User by e-mail and/or through the Contractor’s website.
12.3. Changes and additions to the Agreement enter into force from the moment of their publication on the website of the Contractor and apply to all Users with whom the Agreement is concluded, including those who concluded the Agreement before the date of entry into force of the changes and additions to the Agreement.
12.4. If the User disagrees with the changes made by the Contractor to the Agreement, the User must stop using the “1C:Enterprise” software complex and terminate the Agreement within seven days from the moment when he learned or could have learned about the specified changes.
The actual use by the User of the “1C: Enterprise” software complex means his full agreement with all the terms of this Agreement, including the changes made to it, regardless of the time of starting to use the electronic platform.
12.5. The Parties acknowledge that during the term of this Agreement, they may have access to confidential and/or commercial information of the other Party, which is confirmed by a written notification of its confidentiality or commerciality of such information.
All information arising from this Agreement and becoming known to the Party to the Agreement is confidential, and the Party has no right to distribute it without notification and permission of the other party.
12.6. The Agreement does not lose its validity in the event of a change in the details of the Parties, their founding documents, a change in the organizational and legal form, etc., as well as a change in the right holder of the exclusive rights to the software. The Parties are obliged to notify each other in writing of the specified changes within seven working days.
13. DETAILS OF THE PERFORMER
FOP Miller Mykhailo Leonidovych,
EDRPOU code 2919608033,
address: 54000 Ukraine, Mykolaiv, str. Potemkinska, 12, sq. 7