User agreement

These Rules govern the legal relations between website: https://avada-media.ua represented by their Administrations and Users (Customers/Buyers).

These Rules are a public offer agreement and a User Agreement that defines the terms and conditions of use by Users (Customers/Buyers) of the website https://avada-media.ua and purchase of the Services. The Parties to the Agreement are the User (Customer/Buyer) and the Administration.

1. Definition of terms

   • “Administration” means the authorised owner of the Website represented by “AVADA MEDIA” LLC, authorised persons and authorised employees of the owner acting on behalf of the owner.
   • “Website/site” – online platform on domain https://avada-media.ua .
   • “Messenger” – “Viber”/”Telegram”/”Whatsapp” service.;
   • “Rules/User Agreement” – these Rules, including the Annexes that define other provisions of the use of the Website and its Services.
   • “User” means a natural person, legal entity or a separate subdivision of a legal entity with legal personality that uses the Website and its Services.
   • “Service” means actions to perform work or provide services posted on the Website and offered for purchase.
   • “Services” of the Website means a set of Services provided by the Contractors in accordance with these Rules for Users.
   • “Offer” means a public offer of the Contractor addressed to any individual or legal entity to conclude an agreement with him/her for the provision of services/performance of works under the existing conditions contained in the offer.
   • “Accept” means full and unconditional acceptance by the User (Customer) of the terms of the Offer.
   • “Order” means an offer, which consists in the registration of the User’s intention to purchase the Service.
   • “Customer” means a User who intends to purchase the Service by concluding an Agreement with the Contractor and who has placed an Order using the functionality of the Website (including by means of communication using the details posted on the Website).
   • “Contractor” means the person(s) providing the Services posted on the Website.
   • “Agreement” means any agreement concluded between the Users (Customers) and the Contractors regarding the Services.
   • “Data” means a set of confidential information and the User’s Personal Data, authorisation data, which are deliberately provided by the User when registering on the Website and/or using the Website.
   • “Personal data” means information or a set of information about an individual who is identified or can be identified.
   • “Privacy Policy” – the terms of the Administration’s work with confidential information and personal data on the Website, including cookies. The current version of the Privacy Policy is available on the Website at:  https://avada-media.ua/privacy-policy/, and the policy on the use of cookies at: https://avada-media.ua/cookies-policy/. The Privacy Policy is an integral part of these Rules.
   • Other terms used in these Rules are defined by the current legislation of Ukraine or may be defined in the annexes to these Rules.

2. Subject of the agreement

   • In accordance with the procedure and on the terms and conditions specified in these Rules, the Administration shall provide access via the Internet to the software products in the form of the online service of the Website and Services, and shall provide the possibility of placing Orders and concluding Agreements between Users and Contractors.
   • You may perform the following actions within the Website:
     • view the content of the Website;
     • place an Order;
     • perform other actions, the possibility of which is provided for by the functionality of the Website.

3. Terms of acceptance of these Rules

• These Rules shall be deemed to have been accepted by individuals, legal entities, separate subdivisions of legal entities without any reservations or exceptions by making any voluntary, informed and unambiguous, specific, freely given expression of intent, which in the form of an unambiguous action (confirmation act), other affirmative actions, in particular, but not exclusively, in the form of placing an Order and/or contacting the Administration using the contact details posted on the Website and/or other methods, the possibility of which is provided by the Website.
• Acceptance of these Rules in the manner prescribed by them indicates that the User agrees to receive system and other information messages of the Website by posting information on the Website, electronic mailings, by phone calls and other available means, as well as that he/she is familiar with the terms of these Rules and their annexes, agrees with them and undertakes to comply with them.

4. Procedure for ordering the Services

• To order the Service, the User must contact the Administration using the contact details specified on the Website or in the feedback form, registration form, the functionality of which is provided on the Website.
• In the process of placing the Order, the User must provide the information necessary for placing the Order and concluding the Agreement.
• The Administration reserves the right at any time to require the User to confirm his/her Data.
• The information provided by the User will be confirmed by the Administration and may be changed by the User by requesting the Administration.
• The Order shall come into force on the terms and conditions specified in the Agreement.
• The provision of the Service shall commence within the terms set forth in the Agreement.
• All contracts (Agreements) for the provision of the Services shall be concluded directly between the Users and the Contractors.
• The amount and terms of payment for the Services are determined by the Agreement.

5. Rights and obligations of the Parties

Rights and obligations of the Administration:

• The Administration undertakes to ensure that the User can receive the Services in the manner prescribed by these Rules.
• The User agrees that the Administration reserves the right, at its sole discretion, to modify or delete any information published on the Website, to unilaterally suspend, block, restrict, terminate or deny the User’s access to the Website at any time, for any period and for any reason without notice.
• The Administration has the right to engage third parties (subcontractors) to provide Users with all or part of the services for the use of and/or access to the Website.
• The Administration has the right to change the terms of these Rules. Information about such changes shall be published by the Administration on the Website and/or in the newsletter. Continued use of the Services after changes have been made to the terms and conditions of the Services shall be considered as the User’s consent to the amendments and additions if the User has accepted these terms and conditions in the manner prescribed by these Rules. The User shall bear all risks associated with the occurrence of adverse consequences due to the User’s failure to comply with the requirements of this clause.
• The Administration has the right to post advertising and/or other information in any section of the Website without the consent of the User.
• The Administration undertakes not to use the User’s personal data received by it for purposes not provided for by these Rules and their annexes and guarantees non-disclosure of this data, except when the disclosure of such information is the obligation of the Administration under applicable law. The rules for processing personal data are set out in the Privacy Policy (hyperlink: https://avada-media.ua/privacy-policy/) and the Cookie Policy (hyperlink: https://avada-media.ua/cookies-policy/).
• The Administration undertakes to provide the User with the opportunity to receive consultations from the Administration’s technical support service by phone and/or e-mail and/or in the Messenger. The scope of consultations is limited to specific issues related to the use of the Website.
• The Administration shall have other rights determined by these Rules, annexes thereto and applicable law.

Rights and obligations of the User:

• The User shall have the right to use the Website in accordance with its purpose, in compliance with the law and good information society practices, respecting the rights and interests of other persons.
• The User has the right to contact the Administration’s technical support service, providing his/her contact details and other information necessary to resolve the issue
• The User shall have other rights defined by these Rules, their annexes and applicable law.
• The User undertakes to:
• comply with the terms and conditions of these Rules and their annexes;
• independently get acquainted with the information on the terms of provision of the Services and their cost;
• not to take actions that may interfere with the normal functioning of the Website, including not to interfere with the content of the Website or information and technical elements of the Website;
• not to take illegal actions, including not to use the functionality of the Website to transmit or publish materials that violate the law and personal rights, terrorist content, containing or distributing child pornography, infringing the intellectual property rights of others, or being discriminatory or racist;
• not to mislead the Administration, for example, by providing false information necessary for placing an Order, concluding an Agreement or concealing relevant information;
• refrain from unfair actions, misuse of the Website functionality, use of the Website contrary to its purposes and the Rules;
• not to take any actions that may lead to a disproportionate load on the Website infrastructure;
• not to use automatic programs to access the Website without the written permission of the Administration;
• not to copy, reproduce, modify, distribute or present to the public any information contained on the Website that is intellectual property (except for information provided by the User) without the prior written consent of the Administration;
• not to interfere with or attempt to interfere with the work and other activities on the Website, as well as not to interfere with the operation of automatic systems or processes, as well as other measures to prevent or restrict access to the Website;
• not to use any computer programs for automated collection of information on the Website;
• use the Website only for legitimate purposes and comply with the current legislation, as well as not to violate the rights and legitimate interests of the Administration.
• The User shall fulfil the obligations defined by these Rules, applicable law at each stage of using the Website for each offered functionality.

6. Responsibility of the parties

The Administration is not responsible for:

• for malfunctions in the operation of the Website caused by malfunctions of equipment and software, for failures arising in telecommunication or energy networks, for failures caused by the actions of malicious programs or third parties, for temporary failures in access to the Website due to circumstances beyond the control of the Administration;
• for any errors, omissions, interruptions, defects and delays in the processing or transmission of data, failures in communication lines, destruction of any equipment, unauthorised access of third parties to the Website, which caused the restriction of the User’s access to the Website and Services;
• for the content, accuracy and legality of the information provided by the User;
• to the User or any third parties for any direct and/or indirect losses, damages, including lost profits or lost data, damage to honour, dignity or business reputation incurred in connection with the use of the Website and receipt of the Services, or the inability to use the Website, or unauthorised access to the User’s communications by third parties;
• for any damage to the electronic devices of the User or another person, any other equipment or software caused by or related to the use of the Website by the User;
• for any unauthorised access or use of the Website servers and/or any information about the Users stored on them, as well as for any errors, viruses that may be transmitted to the Website or through the Website by third parties;
• for the quality, safety, legality and compliance of the Service with its description, fulfilment of the obligations of the parties to the Agreement (including the fulfilment of obligations on time);
• for compliance with the legislation of the activities carried out by the Contractors to provide the Services to the Customers;
• for the fulfilment by the Users (Customers) of their obligations to pay for the Services performed/provided by the Contractors;
• for the possibility of the User to purchase the Service;
• for the fulfilment of warranty obligations to the Customers in respect of the Services provided by the Contractors;
• for restricting the User’s access to the Website, for termination of access to the Website, including, but not limited to, if these restrictions and terminations arose as a result of force majeure circumstances that arose after the User accepted these Rules and the occurrence of which the parties could not influence, including, but not limited to, the following: war, riots, strikes, sabotage, embargoes, fires, floods, natural disasters, deterioration of the radio-electronic or radiological situation, explosions, actions and/or inaction of the government of Ukraine or another country, acts of state authorities and/or local governments, amendments to the applicable legislation, accidents on public networks, changes in the conditions of access to line and cable communication facilities.

The Administration also fails to respond to:

• for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of e-mail services or scripts due to technical reasons, for the normal functioning and availability of certain segments of the Internet and networks of telecommunication operators involved in the User’s access to the Website;
• for the compliance of the Website in whole or in part with the User’s expectations, error-free and uninterrupted operation of the Website, termination of the User’s access to the Website for reasons related to technical failures of the Website hardware or software, and shall not reimburse the User for any related losses.

The Administration does not participate in the Contracts between the Users and the Contractors, and therefore does not bear any responsibility for these Contracts.

The Administration shall not be liable for any costs or losses directly or indirectly incurred by the Customers or the Contractors as a result of the provision of the Services to the Customers. The Administration shall under no circumstances be liable to the Customers, the Contractors or third parties for any indirect losses, including lost profits. The Administration’s liability is limited to direct documented losses incurred as a result of the Administration’s action or inaction in an amount not exceeding the cost of services provided to an individual User.

The Administration does not control the quality and timing of the Services performed/provided by the Contractors. As a result, the User accepts the condition that all Services offered through the Website are provided by the Contractors under their own responsibility and the provision of these Services is in no way related to the activities of the Administration. The Customer assumes full responsibility and risks for the provision of the Services offered on the Website. The Contractor shall assume full responsibility and risks for payment by the Customers for the Services performed.

The User agrees to resolve all disputes with the Contractor independently and to file claims directly, without involving the Administration in such disputes.

The User is solely responsible to third parties for his/her actions.

The User shall be liable for violation of these Rules, applicable law in the manner prescribed by these Rules, applicable law. In particular, if the User’s violation of these rules or applicable law causes damage to the Administration, the User shall be obliged to reimburse the damages in full.

7. The procedure for filing complaints

• If any malfunctions are observed in the operation of the Website, including in certain technical services, the User shall first contact the Administration/User Support Service by the means of communication indicated on the Website.
• The Administration makes every effort to provide access to the Website of the highest quality. Regardless of the foregoing, the User shall have the right to file a complaint to the Administration free of charge in case of failure to provide or improper provision by the Administration of access to the Website provided for by these Rules.
• A complaint can be filed within three months from the date of violation of the User’s rights.
• The complaint must contain at least: name and surname, e-mail address, telephone number, circumstances supporting the complaint, as well as the User’s request (demand) related to the complaint.
• If the data or information provided in the complaint does not allow its recognition, the Administration will ask the User to clarify any unclear points or provide additional information, indicating doubts or requirements if the Administration needs to recognise the complaint.
• The Administration shall have the right, at its discretion, to terminate consideration of the complaint and/or limit the number of responses to Users who violate the terms of the Rules. The Operator who provides support to the User by phone and/or answers the User’s phone call and/or in the Messenger has the right to terminate the call in case of threats to the Operator, the Administration, obscene language, translation of the conversation into personal topics, and irrelevant conversation.

8. Dispute resolution procedure

• The User and the Administration agree that all disputes and disagreements that may arise out of or in connection with these Rules will be resolved through negotiations with mandatory compliance with the pre-trial dispute resolution procedure. The User’s claims regarding the access to the Website provided by the Administration shall be accepted for consideration only if the requirements established by these Rules are met.
• Pre-trial settlement shall be carried out in accordance with the laws of Ukraine.
• In the event that third parties, including another User/Contractor, make claims against the Administration related to the User’s use of the Website, the User undertakes to settle the said claims with third parties, protecting the Website from possible losses and disputes, or to act on the Website’s side in such disputes, and to reimburse the Website for the losses (including legal costs) incurred by the Website in connection with claims and lawsuits related to the posting of materials and/or the User’s activities on the Website.
• If no agreement is reached, all disputes regarding the implementation of these Rules and their appendices shall be resolved in court in accordance with the current legislation of Ukraine.
• In the event of any disputes between the Customer and the Contractor related to the Services or their payment, such disputes shall be resolved independently between the parties to the Agreement, without involving the Administration.

9. Intellectual property

The content published on the Website, regardless of its form, i.e. text, graphic and video materials, a set of programs, data, trademarks, intellectual property objects, including copyright objects, and other objects used and placed on the Website, is the intellectual property of its legal owners and is protected by the legislation of Ukraine on intellectual property, as well as relevant international legal treaties and conventions. Any use of elements, symbols, texts, graphic images, programs and other objects included in the Website, except as permitted in these Rules, without the permission of the Administration or other legal right holder is illegal and may result in legal proceedings and bring violators to civil, administrative and criminal liability in accordance with the law.

10. Confidentiality

• For disclosure (dissemination) of confidential information, the guilty Party shall be liable in accordance with the current legislation of Ukraine and shall also be obliged to compensate the other Party for the damage caused as a result of such disclosure.
• The User undertakes to take all necessary measures independently to maintain confidentiality, prevent unauthorised use and protect identification data.
• If, when using the Website, the User in any way becomes aware of information regarding the Administration and/or third parties, which in accordance with the legislation of Ukraine is classified as confidential and/or trade secrets, the User is prohibited from storing, using and disseminating such information.

11. Final provisions

The Administration reserves the right to unilaterally amend these Rules subject to the following principles:

• amendments to the Rules may relate to organisational, legal or technical issues, as well as tariffs and conditions for the provision of the Services, access and/or use of the Website;
• The User shall be informed of each change by posting information on the relevant page of the Website. The User accepts the changes and amendments made in the manner prescribed by these Rules.
• amendments shall enter into force within the period specified by the Administration, but not less than 10 days after the amendment of the Rules, unless otherwise provided by the provisions of the applicable law;
• changes may not restrict or deprive the User of the rights related to the purchased Services. Services purchased prior to the entry into force of the amendments to the Rules will be provided on the current principles.

The provisions of the Rules in the current version shall apply to the Services effective before the date of entry into force of the new Rules.

The User who does not accept these Rules, amendments/changes to the Rules has the right not to use the Website.

These Rules and the relationship between the Administration and the User shall be governed by the legislation of Ukraine, unless otherwise provided by mandatory provisions of the legislation and regulations applicable to agreements between the User and the Administration.

The invalidity of a separate part of the Rules shall not entail the invalidity of other parts of the Rules as a whole, if it can be assumed that these Rules would have been concluded by the parties without the inclusion of the invalid part. In the event of amendment, cancellation by the parties or invalidity of certain provisions of these Rules, other provisions shall remain valid and binding on the parties.

In the event that these Rules do not regulate certain provisions, rights and obligations, they shall be regulated and established by the applicable law.

In the absence of an unambiguous interpretation of the terms in these Rules, the Parties will be guided by the interpretation of the terms used on the Website in accordance with the applicable law.

Annexes to these Rules are their integral part.

12. Communication with the Administration

The User may contact the Administration in the following ways:

• using the contact form (chat) on the Website (if available);
• by e-mail, at: info@avada-media.ua.

Annexes:

1. Privacy Policy https://avada-media.ua/privacy-policy/
2. Policy on the use of cookies https://avada-media.ua/cookies-policy/