1. Common Definitions
This Terms & Conditions set forth the terms and conditions between OwnerHelper and the Customer which agrees to these Terms & Conditions to use the OwnerHelper service
"Terms & Conditions" - These Platform Terms & Conditions;
"OwnerHelper" - sole proprietorship Vadym Gorenbukh (Dnipro, Pushkin avm 25/27, apt 9, Ukraine /Фізична особа підприємець Горенбух Вадим Маркович/)
"Services" - a set of information services provided by the OwnerHelper in the manner and on the conditions determined by this Terms & Conditions
"Customer(s)" - Any natural or legal person
"Website" - The website, located at the domain name https://*.ownerhelper.com, where the features of the OwnerHelper-owned Services and these Platform Terms & Conditions;
"Platform" - The OwnerHelper software service of which OwnerHelper holds all the rights.
These Terms & Conditions document is executed so as to govern the terms and conditions applicable to the Property's use of the Platform and the OwnerHelper-provided Service.
The Platform provides the Property with access to the functions and services of the Platform.
2. Subject of the agreement.
2.1. The Contractor undertakes to provide the User with access to the functions and services of the Portal, allowing the use of the functions in accordance with the User's subscription.
The use of the Portal is on a paid basis, in accordance with the terms of this Agreement, and the User undertakes to accept and pay for such Services.
2.2. The parties agree that the Contractor does not guarantee any financial or other results of the use of the Portal services by the User in its activities.
2.3. No claims on the effectiveness of the use of the Portal by the User can be presented to the Contractor.
Responsibility for the use of any results of the Portal's work, as well as for any direct or side effects obtained as a result of using the Portal and its functions, lies entirely with the User.
3. Terms of service.
3.1. Services are provided in the form of User access to the interface and services of the Portal via the Internet.
3.2. The user uses the services of the portal in accordance with the selected tariff plan.
3.3. Types and prices of tariff plans are given in the section Plans
3.4. Upon initial registration, the user receives a basic tariff plan (TRIAL), which allows you to get acquainted with the functions of the Portal free of charge for a limited time
3.5. Tariff plans differ in the options available to the User.
3.6. The user can change the current tariff plan at any time.
3.7. Acceptance of this Agreement means full and unconditional acceptance by the User of the terms of this Agreement and is equivalent to the User's handwritten signature under the Agreement.
3.8. From the moment of registration of the User on the Portal, this offer is considered accepted, and the contract is concluded.
4. Rights and obligations of the Contractor:
4.1. The contractor has the right:
4.1.1. Receive from the User the information necessary to provide services under this Agreement;
4.1.2. Receive payment for the services provided in the amount and terms stipulated by this Agreement.
4.2. The Contractor undertakes:
4.2.1. Ensure the efficiency of the Portal and its functions within the period paid by the User.
4.2.2. Comply with the requirements of the legislation of Ukraine and the requirements of the Agreement on the organization of the provision of Services.
5. User's rights and obligations.
5.1. The user has the rights and obligations:
5.1.1. Receive Services of proper quality in accordance with the Offer.
5.1.2. In the case of using a paid tariff plan, timely pay for the Services in the amount and within the time frame established by the terms of the tariff.
6. Cost of services and payment procedure.
6.1. The total cost of services provided to the User under this Agreement is the total amount paid by the User.
6.2. The amounts paid by the user depend on the tariffs chosen by him and the terms of use of the Portal services.
6.3. In case of early termination of the Agreement on the initiative of the Contractor, the Contractor shall return the funds from the calculation of the remaining period paid by the User.
6.4. The cost of various tariff plans is given in section Plans.
6.5. The cost of the paid Services (paid tariff plans) provided for in this Agreement is paid by the User using online payment on the website.
6.6.Online-payment is made using the payment service WayForPay.
6.7. Tariff plans involve monthly charging of the tariff from the client's payment card.
6.8. At the first payment on registration of the subscription, the Portal stores the token of the client's payment card received from the payment system
In the future, with the help of the token, monthly debits are made in the amount of the cost of the selected subscription plan.
6.9. Through the section Account, the User can disable auto-renewal of the subscription. In this case, automatic debits from the card will also be stopped.
6.10. Through the section Accountthe User can change the card data. In this case, the card will be verified through the payment system and the updated token will be stored in the Portal database.
6.11. User's payment card data is not stored or processed by the Portal software in any form
7. Responsibility of the Parties.
7.1. For non-fulfillment or improper fulfillment of obligations under this agreement, the parties are liable in accordance with the current legislation of Ukraine.
7.2. THE CONTRACTOR'S SERVICES AND ALL RELATED DATA IS PROVIDED
ARE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES.
THE PROVIDER 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 BUSINESS RELATIONSHIP OR BUSINESS CIRCUMSTANCES.
IN ADDITION, THE CONTRACTOR DISCLAIMS LIABILITY RELATED TO THE USER'S ACCESS TO THE SERVICES AND RELATED MATERIALS,
AND ALSO WITH THEIR USE. USER AGREE TO ACCESS AND USE THE SERVICES AND RELATED MATERIALS AT ITS OWN RISK.
7.3. To the maximum extent permitted by the legislation of Ukraine, the Contractor is not responsible for indirect, incidental, actual, indirect or direct losses,
direct or indirect loss of profits or non-revenue, loss of data, performance, goodwill or other intangibles related to
a) with the User's access to the Services and their 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 User's materials or information.
Under no circumstances may the aggregate liability for all claims for services exceed twenty US dollars ($ 20).
7.4. The user agrees that the disclaimers and limitations of liability set out in these terms and conditions reflect a reasonable and fair distribution of risks,
and are also a prerequisite for the provision of services by the Contractor for an affordable fee.
7.5. The User agrees that any claim related to the Services must be brought to court within the limitation period of one (1) year after the grounds for it arise,
otherwise, such a ground is considered invalid.
7.6. The User agrees that in case of non-compliance by the User with clause 5.1.2 of this Agreement regarding the obligation to make payment on time,
The Contractor has the right not only to suspend the provision of services, but also to terminate this Agreement on the basis of clause 9.1.3 of this Agreement.
8. Force majeure.
8.1. The Parties are exempt from liability for failure to fulfill 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).
8.2. Force majeure is applied, and the Party for which it 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.
8.3. The Party for which the Force Majeure has occurred undertakes to immediately notify the other Party and provide documents confirming the Force Majeure.
8.4. From the moment such notification is received by the other party, the fulfillment of the terms of this Agreement is suspended for the entire period of force majeure.
8.5. 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.
9. Termination of the Agreement.
9.1. This Agreement is terminated:
9.1.1. By agreement of the parties;
9.1.2. If the fulfillment by the Party of the Agreement of its obligations is impossible due to the adoption of regulatory legal acts that have changed the conditions established by this Agreement, and either of the Parties does not agree to amend the Agreement.
9.1.3. In cases of violation by the User of the conditions provided for in paragraphs. 5.1.2. actual agreement.
9.1.4. In other cases provided for by this Agreement and the current legislation of Ukraine.
10. Processing of personal data.
10.1. The user confirms that he voluntarily and gratuitously provides consent to the processing of his personal data (including last name, first name and patronymic, email address)
in the Contractor's personal data base "Clients", including collection, registration, inclusion in the database, accumulation, storage, adaptation, change, update, use,
distribution (distribution, transfer), depersonalization, destruction of personal data in a database on the territory of Ukraine in order to fulfill obligations under this agreement and in order to ensure
implementation of tax relations, business relations, civil law relations and relations in the field of accounting.
The user 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.
10.2. The user confirms that he was informed about his rights,
defined 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.
11. The term of the Offer.
11.1. This Public Offer comes into force from the moment it is posted on the Contractor's Website and is valid until its revocation by the Contractor.
11.2. The Contractor has the right at any time to amend the terms of the Offer and / or withdraw the Offer at any time at its discretion.
In the event that the Contractor makes changes to the Offer, such changes come into force from the moment the amended text of the Offer is posted on the Contractor's Website, unless a different date for the entry into force of the changes
not defined directly in the text of the amended Offer.
12. Final provisions.
12.1. The parties have established that any disputes and claims will be resolved by the parties through negotiations.
12.2. The Parties understand that the Services are provided by the Contractor, who is registered and operates under the laws of Ukraine, whose place of residence is also registered in Ukraine.
12.3. Considering clause 12.2. of this Agreement, the place of this transaction and the place of provision of the Services, the Parties agreed to consider the place of residence of the Contractor specified in Art. 14 of this Agreement.
12.4. By accepting this Offer, the User agrees that all disputes related to this Agreement will be considered in accordance with the legislation of Ukraine without taking into account the rules of conflict of law.
The user also agrees that all such disputes are in the exclusive competence of the courts of Ukraine.
12.5. The headings used in the articles and clauses of this Offer are used only for links and for the convenience of using the text. These headers cannot be considered as defining,
limiting or modifying, or affecting the meaning and meaning of the terms of this Offer or any part of it.
12.6. If any of the provisions of this Offer is declared invalid, then the validity of its remaining provisions is not lost from this.
12.7. In all cases not provided for by this Offer, the Parties are guided by the current legislation of Ukraine.
13. Contractor's details.
Contractor: Individual entrepreneur Gorenbukh Vadym
Contact phone: +38 (067) 565-81-21
info@ownerhelper.com
Your privacy is an important criterion for us.
And it is with this in mind that we collect and process any private information.
We only ask for such personal information that is really necessary for us to provide our services and services for you.
We will request such information legally and notifying you of this in this policy.
We keep your personal information for as long as it is necessary to provide you with our services.
Your personal data that we store is protected by software and hardware from loss, theft, unauthorized access, copying or modification.
We do not provide access to any personal information to any public and other organizations, except for cases that require such actions in accordance with the law.
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This policy is effective from 31 January 2020.