These Rules regulate the legal relations between the website: https://avada-media.ua/ represented by the Administrations and Users (Customers/Buyers).
These Rules are a public offer agreement and a User Agreement that defines the terms of use by Users (Customers/Buyers) of the website https://avada-media.ua/, and the purchase of Services. The parties to the Agreement are the User (Customer/Buyer) and the Administration.

1. Definition of terms

1.1. “Administration” is the authorized owner of the Website represented by LLC “AVADA MEDIA”, authorized persons and authorized employees of the owner acting on behalf of the owner.

1.2. “Website/Site” – an online platform on the domain https://avada-media.ua/.

1.3. “Rules/User Agreement” – these Rules, including the annexes defining other provisions of the use of the Website and its Services.

1.4. “User” – an individual, legal entity or a separate subdivision of a legal entity endowed with legal personality and using the Website and its Services.

1.5. “Service” – actions to perform work or provide services that are posted on the Website and offered for purchase.

1.6. “Services” of the Website – a set of Services provided by the Contractors in accordance with these Rules for Users.

1.7. “Offer” – a public offer of the Contractor, addressed to any individual or legal entity to conclude an agreement with him for the provision of services/performance of work on the existing terms and conditions contained in the offer.

1.8. “Acceptance” – full and unconditional acceptance by the User (Customer) of the terms of the Offer.

1.9. “Order” – an offer, which consists in formalizing the User’s intention to purchase the Service.

1.10. “Customer” – 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).

1.11. “Contractor” – a person (persons) who provides (who provide) the Services posted on the Website.

1.12. “Agreement” – any agreement concluded between Users (Customers) and Contractors regarding the Services.

1.13. “Personal data” – is information or a set of information about an individual who is identified or can be identified by means of them.

1.14. “Data” – is a set of confidential information and Personal Data of the User, which are knowingly provided by the User when using the Website and/or the Order.

1.15. “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 posted on the Websites at the following addresses: Privacy policy, and the cookie policy at the following addresses: Cookies policy. The Privacy Policy is an integral part of these Rules.

1.16. 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

2.1. In accordance with the procedure and under the terms specified in these Rules, the Administration provides access via the Internet to software products in the form of an online service of the Website and Services, and provides the ability to place Orders and conclude Agreements between Users and Contractors.

2.2. Within the framework of the Website, you can perform the following actions:

2.2.1. view the content of the Website;

2.2.2. place an Order;

2.2.3. perform other actions, the possibility of which is provided for by the functionality of the Website.

3. Conditions for accepting these Rules

3.1. These Rules are considered accepted by individuals, legal entities, separate divisions of legal entities without any reservations and exceptions by performing any voluntary, informed and unambiguous, specific, freely given expression of intention, which is in the form of an unambiguous action (confirmatory act), other affirmative actions, in particular, but not exclusively, in the form of placing an Order and/or by contacting the Administration using the contact details posted on the Website and/or in other ways, the possibility of which is provided for by the Website.

3.2. Acceptance of these Rules in the manner established by them indicates that the User has sufficient legal capacity to conclude this agreement, consents to receive system and other information messages of the Website by posting information on the Website, e-mails, by telephone calls and other available means, as well as that he is familiar with the terms of these Rules and their annexes, agrees with them and undertakes to comply with them.

4. Ordering Procedure for Services

4.1. In order to order the Service, the User must contact the Administration by contact details
them, specified on the Website or in the feedback form, registration form, the functionality of which is provided on the Website.

4.2. In the process of placing an Order, the User must provide the information necessary for placing an Order and concluding an Agreement.

4.3. The Administration reserves the right at any time to require the User to confirm his Data.

4.4. The information provided by the User will be confirmed by the Administration and may be changed by the User through a request to the Administration.

4.5. The Order comes into force on the terms specified in the Agreement.

4.6. The provision of the Service must begin within the time limits specified in the Agreement.

4.7. All contracts (Agreements) for the provision of Services are concluded directly between the Users and the Contractors.

4.8. The amount and terms of payment for the Services are determined by the Agreement.

5. Rights and Obligations of the Parties

5.1. Rights and Obligations of the Administration:

5.1.1. The Administration undertakes to ensure that the User can receive the Services in the manner specified in these Rules.

5.1.2. The User agrees that the Administration reserves the right, at its sole discretion, to change or delete any information published on the Website, and without notice, to unilaterally suspend, block, limit, terminate or deny the User’s access to the Website at any time, for any period and for any reason.

5.1.3. The Administration has the right to engage third parties (subcontractors) to provide Users with all or part of the services for using and/or accessing the Website.

5.1.4. The Administration has the right to change the terms of these Rules. Information about such changes is published by the Administration on the Website and/or in the newsletter. Continued use of the Services after amendments to the Terms of Service are considered as the User’s consent to the amendments and additions, if the User has accepted these terms in accordance with the procedure provided for in these Rules. All risks associated with the occurrence of adverse consequences as a result of the User’s failure to comply with the requirements of this clause shall be borne by the User.

5.1.5. The Administration has the right to place advertising and/or other information in any section of the Website without the User’s consent.

5.1.6. The Administration undertakes not to use the User’s personal data obtained by it for purposes not provided for in these Rules and their annexes and guarantees the non-disclosure of this data, except in cases where the disclosure of such information is the Administration’s obligation under applicable law. The rules for processing personal data are defined by the Privacy Policy (hyperlink: https://avada-media.ua/privacy-policy/) and the Cookie Policy (hyperlink: https://avada-media.ua/cookies-policy/).

5.1.7. The Administration undertakes to provide the User with the opportunity to receive advice from the Administration’s technical support service by phone and/or e-mail and/or in Messenger. The scope of advice is limited to specific issues related to the use of the Website.

5.1.8. The Administration has other rights defined by these Rules, their annexes and applicable law.

5.2. Rights and obligations of the User:

5.2.1. The User has the right to use the Website in accordance with its purpose, in compliance with the law and good taste of the information society, respecting the rights and interests of other persons.

5.2.2. The User has the right to contact the Administration’s technical support service, providing their contact details and other information necessary to resolve the issue.

5.2.3. The User has other rights specified in these Rules, their annexes and applicable legislation.

5.2.4. The User undertakes to:

• fulfill the terms of these Rules, their annexes;
• independently familiarize himself with the information on the terms of provision of Services to him 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 the 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, violating the intellectual property rights of other persons, as well as discriminatory or racist content;
• 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 dishonest actions, abuse of the functionality of the Website, use of the Website contrary to its purposes and the Rules;
• not to take any actions that may result in a disproportionately large load on the infrastructure of the Website;
• not to use automatic programs to gain access to the Website without the written permission of the Administration;
• not to copy
  not to reproduce, not to modify, not to distribute or not to present to the public any information contained on the Website and which is intellectual property (except for information provided by the User himself) without the prior written consent of the Administration;
• not to hinder or not to try to hinder the work and other activities on the Website, as well as not to hinder the operation of automatic systems or processes, as well as other measures, in order to hinder or limit access to the Website;
• not to use any computer programs for automated collection of information on the Website;
• to use the Website only for lawful purposes and when using, comply with applicable law, and also not to violate the rights and legitimate interests of the Administration;
• not to take other actions aimed at causing harm to the Administration (including the Website).

5.2.5. The User must fulfill the obligations defined by these Rules, applicable law, at each stage of using the Website for each proposed functionality.

6. Responsibility of the Parties

6.1. The Administration is not responsible for:

6.1.1. for malfunctions in the operation of the Website caused by equipment and software failures, 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 that depend on the Administration;

6.1.2. for any errors, omissions, interruptions, defects and delays in data processing or transmission, failures in communication lines, destruction of any equipment, unauthorized access by third parties to the Website, which caused the User to be restricted from accessing the Website and the Services;

6.1.3. for the content, reliability and legality of the information provided by the User;

6.1.4. to the User or any third parties for any direct and/or indirect losses, damages, including lost profits or lost data, damage to honor, dignity or business reputation, incurred in connection with his use of the Website and obtaining the Services, or the inability to use the Website, or unauthorized access to the User’s communications by third parties;

6.1.5. for any damage to the electronic devices of the User or another person, any other equipment or software caused by or related to the User’s use of the Website;

6.1.6. for any unauthorized 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;

6.1.7. for the quality, security, legality and compliance of the Service with its description, the fulfillment of the obligations of the parties to the Agreement (including the fulfillment of obligations on time);

6.1.8. for compliance with the legislation of the activities carried out by the Contractors to provide Services to the Customers;

6.1.9. for the fulfillment by the Users (Customers) of their obligations to pay for the Services performed/provided to them by the Contractors;

6.1.10. for the User’s ability to purchase the Service;

6.1.11. for the fulfillment of warranty obligations to Customers regarding the Services provided by the Service Providers;

6.1.12. for restricting the User’s access to the Website, for terminating access to the Website, including, but not exclusively, if these restrictions and terminations arose due to 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, embargo, fires, floods, natural disasters, deterioration of the radioelectronic or radiological situation, explosions, actions and/or inaction of the government of Ukraine or another country, acts of state bodies and/or local self-government bodies, amendments to current legislation, accidents on public networks, changes in the conditions of access to linear and cable communication facilities.

6.2. The Administration is also not responsible for:

6.2.1. 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 for technical reasons, for the normal functioning and availability of individual segments of the Internet and telecommunications operator networks involved in the User’s access to the Website;

6.2.2. 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’s hardware or software, and does not compensate the User for any losses related to this.

6.3. The Administration is not a party to the Agreements between Users and Contractors, and therefore does not bear any responsibility for these Agreements.

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

6.5. 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 Administration’s activities. The Customer assumes full responsibility and risks for the provision of the Services offered on the Website. The Contractor assumes full responsibility and risks for payment by the Customers for the Services performed.

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

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

6.8. The User is responsible for violation of these Rules, applicable legislation in the manner prescribed by these Rules, applicable legislation. In particular, if the User’s violation of these Rules, applicable legislation causes losses to the Administration, the User is obliged to compensate for the losses incurred in full.

7. Procedure for submitting complaints

7.1. If any failures are observed in the operation of the Website, including in individual technical services, the User must first contact the Administration/User Support Service using the means of communication specified on the Website.

7.2. The Administration makes every effort to provide access to the Website of the highest quality. Regardless of the above, the User has the right to file a complaint with the Administration free of charge in the event of failure or improper provision by the Administration of access to the Website provided for by these Rules.

7.3. A complaint can be filed within three months from the date of violation of the User’s rights.

7.4. The complaint must contain at least: name and surname, e-mail address, telephone number, circumstances supporting the complaint, as well as the request (requirement) of the User related to the complaint.

7.5. If the data or information provided in the complaint does not allow it to be recognized, the Administration will ask the User to clarify any unclear points or provide additional information, indicating doubts or requirements, if the Administration needs to acknowledge the complaint.

7.6. The Administration has the right, at its discretion, to stop considering 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 stop the call in case of threats by the User towards the Operator, the Administration, obscene language, translation of the conversation into personal topics, irrelevance of the conversation.

8. Dispute Resolution Procedure

8.1. The User and the Administration agree that all disputes and disagreements that may arise from or in connection with these Rules will be resolved through negotiations with mandatory compliance with the pre-trial procedure for resolving disputes. The User’s claims regarding access to the Website provided by the Administration are accepted for consideration only if the requirements established by these Rules are met.

8.2. Pre-trial settlement shall be carried out in accordance with the legislation of Ukraine.

8.3. In the event that third parties, including another User/Contractor, file claims against the Administration related to the User’s use of the Website, the User undertakes to settle the said claims with third parties on his own and at his own expense, protecting the Website from possible losses and disputes, or to take the side of the Website in such disputes, and also to compensate the Website for losses (including legal costs) incurred by it in connection with claims and lawsuits related to the posting of materials and/or the User’s activities on the Website.

8.4. If no agreement is reached, all disputes regarding the implementation of these Rules and their annexes shall be resolved in court in accordance with the current legislation of Ukraine.

8.5. In the event of disputes between the Customer and the Contractor related to the Services or their payment, these disputes are resolved independently between the parties to the Agreement, without involving the Administration.

9. Intellectual Property

9.1. 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 are the intellectual property of their legal rights holders and are protected by the legislation of Ukraine on intellectual property, as well as by relevant international legal treaties and conventions. Any use of elements, symbols, texts, graphic images, programs and other objects included in the Website, other than as permitted in these Rules, without the permission of the Administration or other legal rights holder is illegal and may serve as a reason for legal proceedings and bringing violators to civil, administrative and criminal liability in accordance with the law.

1. Confidentiality

10.1. For the disclosure (distribution) 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.

10.2. The User undertakes to independently take all necessary measures to maintain confidentiality, prevent unauthorized use and protect identification data.

10.3. 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 a trade secret, the User is prohibited from storing, using and distributing such information.

11. Final Provisions

11.1. The Administration reserves the right to unilaterally amend these Rules in compliance with the following principles:

11.1.1. changes made to the Rules may concern organizational, legal or technical issues, as well as tariffs and conditions for the provision of Services, access and/or use of the Website;

11.1.2. The User will 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 established by these Rules.

11.1.3. the amendments shall enter into force within the period specified by the Administration, but not less than 10 days from the date of the change to the Rules, unless otherwise provided for by the provisions of applicable law;

11.1.4. the changes may not limit or deprive the User of the rights related to the purchased Services. Services purchased before the changes to the Rules come into force will be provided on the current principles.

11.2. The provisions of the Rules in their current version shall apply to the Services in force before the date of the new Rules coming into force.

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

11.4. These Rules and the relations between the Administration and the User are governed by the legislation of Ukraine, unless otherwise provided by mandatory provisions of the legislation and norms applicable to agreements between the User and the Administration.

11.5. The invalidity of a separate part of the Rules does 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 including the invalid part. In the event of amendment, cancellation by the parties or recognition of individual provisions of these Rules as invalid, the other provisions remain valid and binding on the parties.

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

11.7. 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 current legislation.

11.8. The Annexes to these Rules are their integral part.

12. Contacting the Administration

12.1. The User may contact the Administration in the following ways:

• by mail, at the specified address: 65023, Ukraine, Odessa, Dvoryanska Street, building 7;
• using the contact form (chat) on the Website;
• by e-mail, at the address info@avada-media.com.ua.

Appendices:

1. Privacy Policy https://avada-media.ua/privacy-policy/

2. Rules for the use of cookies https://avada-media.ua/cookies-policy/