Privacy Policy

On the provision of EKT LTD, hereinafter referred to as the Contractor, services and rights to use software, hereinafter referred to as the Services and Software, to any legal entity or individual who has accepted the terms set out in the Public Offer (Agreement) and paid for the services of the Contractor, hereinafter referred to as the Customer.

This agreement has the nature of a public offer, is equivalent to an "oral agreement" and, in accordance with the current legislation of Ukraine, has due legal force.

PREAMBULATION

The information below is an official proposal (public offer) to any legal entity or individual to conclude a contract for subscriber services. The specified contract is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all consumers.

In accordance with Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of a public contract is the fact of the Customer making a payment for services and receiving the relevant financial document by the Contractor confirming the fact of such payment.

1. DEFINITION OF TERMS

1.1. Software is a set of instructions in the form of words, numbers, code, diagrams, symbols or in any other form, expressed in a form readable by a computer, which activate it to achieve a certain goal or result (this definition covers both the operating system and the application, expressed in source or object codes).
1.2. Non-exclusive license — a limited right to use the software provided to the Customer by the Contractor.
1.3. Service — the Contractor's action to provide the Customer with services for connection, configuration, warranty service and technical support of the Contractor's Software on the terms specified in the Agreement and its annexes.
1.4. EKT — software for optimizing, organizing and implementing work processes, which is hosted and managed via the Internet.
1.5. Entry point — the ability to access EKT, which is provided to the Contractor by the Customer under the terms of a Non-exclusive license and is implemented through a personal login and password, which are entered on a special EKT page on the Internet.

2. SUBJECT OF THE AGREEMENT

2.1. The Customer pays, and the Contractor provides: 2.1.1. The right to use EKT (hereinafter & Software) under the terms of a Non-exclusive license.
2.1.2. Services, the scope and procedure for providing which are determined by this Agreement and its annexes.

3. NON-EXCLUSIVE LICENSE FOR SOFTWARE

3.1. The term of the Non-Exclusive License has no time limits.
3.2. The Non-Exclusive License has no geographical restrictions.
3.3. The Non-Exclusive License grants the Customer the right to use its Software activities through an unlimited number of entry points.
3.4. The Customer has no right to interfere in the Software activities in any way, unless this is provided for by the Software functionality.
3.5. The Customer has no right to reproduce the Software in any way.
3.6. The Customer is granted the right only to use the Software without the possibility of its replication, resale, or even transfer to third parties for use. All property rights to the Software belong to the Contractor.
3.7. Violation of the terms of the Non-Exclusive License by the Customer entitles the Contractor to terminate the Non-Exclusive License at any time.
3.8. Termination of the Agreement does not release the Customer from the obligation to comply with the Non-Exclusive License.

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1. The Customer makes payment in the form of full prepayment by transferring the amount to the Contractor's bank account.
4.2. Payment for the Services is made in the national currency of Ukraine in accordance with the tariffs established at the time of provision of the Service on the terms of 100% prepayment.
4.3. When making a payment, the Subscriber is obliged to indicate in the payment document the invoice number issued by the Contractor and identifying the paid services.
4.4. The non-exclusive license is considered transferred to the Customer from the moment the Contractor receives the funds in full according to the invoice provided to the Customer.
4.5. The services are considered paid at the moment the funds are credited to the Contractor's current account.

5. PROCEDURE FOR PROVISION AND RECEIPT-TRANSFER OF PROVIDED SERVICES

5.1. The term of provision of Services is determined in the annexes to this Agreement.
5.2. After completion of the provision of Services in accordance with this Agreement and its annexes, the Contractor shall provide the Customer with an Act of Services Provided in two copies, which the Customer undertakes to sign within 5 (five) business days from the date of its receipt and return one signed copy to the Contractor.
5.3. In the event of the Customer's refusal to accept the Services provided, the Parties shall draw up an appropriate Act of Defects, which shall indicate the defects that must be corrected. If the Contractor refuses to sign the Act of Defects, the Customer shall indicate this separately in the Act of Defects itself.
    5.3.1. If the Contractor does not agree with the deficiencies specified in the Defects Act, he is obliged to notify the Customer in writing within 5 (five) business days, providing a reasoned response.
    5.3.2. If the Contractor has not provided a reasoned response to the Customer within the period specified in clause 5.3.1. of the Agreement, he undertakes to correct the deficiencies specified in the Defects Act within 10 (ten) business days from the date of signing the Defects Act.
    5.4. If the Customer has not signed the Services Provided Act within the period specified in clause 5.2. of the Agreement, and also did not provide a signed Defects Report within the period stipulated by the Agreement, this will mean that the Customer has no claims to the Contractor regarding the quality and scope of the Services provided.

6. INFORMATION ABOUT THE PROCESS OF PROVISION OF SERVICES

6.1. The Customer has the right to know the status of the provision of Services at any stage of the provision of Services.
6.2. Requests for information about the process of providing Services and any consultations are accepted only in writing, which are sent directly to the Contractor.
6.3. The Contractor undertakes to provide a written response to the Customer's request within one (1) business day from the date of receipt of the written request.
6.4. The Customer consents to receiving notifications regarding the provision of Services by e-mail (E-mail) and via short message services (SMS).
6.5. The Parties agreed to consider that the facsimile reproduction of the signature on invoices and acceptance and delivery certificates of work signed by the Parties within the framework of the current Agreement has the same legal force as the handwritten signature of the authorized representatives of the Parties.

7. OWNERSHIP RIGHTS TO SOFTWARE

7.1. The Software is developed taking into account special software libraries and components, the necessary rights to which are vested in the Contractor.
7.2. The Contractor guarantees that it has all necessary and sufficient rights to the Software provided by this Agreement.
7.3. The Contractor guarantees the legality of the Software and the presence of all property rights that allow it to exclusively dispose of the Software.
7.4. When providing Services under this Agreement, the Contractor has the right to use other licensed software that assists in the operation of the Software (including code with OpenSource/FSF licenses). The Contractor is not responsible for the consequences of the use of such additional software by the Customer.
7.5. The Customer has the right to update the software throughout the entire period of use.

8. PERSONAL DATA

8.1. By accepting the terms of the Agreement, the Subscriber confirms that he is fully familiar with and agrees with its terms, and also, if the Subscriber is an individual, gives permission for the Contractor to process his personal data.
8.2. The purpose of processing the Subscriber's personal data is to enable the Contractor to provide Services under the Agreement, make mutual settlements, receive invoices, acts and other documents, detect and prevent fraudulent acts, as well as resolve security issues and eliminate technical malfunctions, protect against the immediate threat of harm to the Contractor or its clients in accordance with the law.
8.3. By concluding the Agreement, the Subscriber confirms that he is informed (without additional notice) of the rights provided for by the Law of Ukraine "On Personal Data Protection" and of the purposes of data processing that the Subscriber transfers to the Contractor.
8.4. The Subscriber's permission to process personal data is valid for the entire term of the Agreement, as well as for the next 5 years after its expiration.
8.5. Destruction of personal data is a basis for termination of the Agreement and is carried out on the basis of a written (paper) application of the Subscriber. In this case, the agreement is considered terminated from the date specified in the relevant notification of the Contractor.
8.6. The Subscriber guarantees that he has informed all third parties about the use of their personal data for the provision of Services by the Contractor under the Agreement, the purposes of processing personal data of third parties, the methods of such processing, and has received the consent of such third parties to the processing of their personal data by the Contractor.
8.7. The Subscriber is obliged, at the request of the Contractor, to provide written consent of third parties to the processing of their personal data.
8.8. Personal data provided by the Subscriber will be available to the Contractor's employees and consultants.
8.9. The application may optionally use your location to confirm the fact of a visit to the client, but this data is not transferred to third parties, and also remains only in the application.

9. LIABILITY OF THE PARTIES

9.1. In case of failure to fulfill or improper fulfillment of the obligations stipulated by this Agreement and its annexes, the Parties shall be liable in accordance with the terms of the Agreement, its annexes and the current legislation of Ukraine.
9.2. For violation of the terms of this Agreement, the Contractor shall pay the Customer a fine in the amount of 1% (one percent) of the cost of the Services not performed on time and/or in an improper manner for each overdue day, but not more than 25% (twenty-five percent) of the total cost of the Services.
9.3. For violation of the terms of Articles 4, 5 of this Agreement, the Customer shall be liable in the form of a penalty, which is double the NBU rate for each day of such delay and a fine in the form of 1% (one percent) of the cost of the Non-Exclusive License and/or the cost of the Services, which is charged once.
9.4. If the Customer violates the conditions stipulated in Article 3, the Customer shall be obliged to compensate the Contractor for possible losses in full.

10. CONFIDENTIAL INFORMATION AND TRADE SECRETS

10.1. The Parties undertake not to disclose any confidential information and trade secrets of the other Party that may become or will become known during the performance of the terms of this Agreement.
10.2. The Parties undertake not to transfer to third parties or disclose in any way information that is confidential and/or trade secret without the written consent of the other Party.
10.3. In the event that third parties become aware of information relating to confidential and/or trade secrets, the Party that discovered such a fact shall be obliged to notify the other Party in writing within 1 (one) day from the moment such a fact became known.
10.4. Termination of this Agreement shall not release the Parties from the obligation to comply with Article 9 of the Agreement for 3 (three) years from the date of termination of the Agreement.

11. TERM AND TERMINATION OF THE AGREEMENT

11.1. The Agreement shall enter into force from the moment of its signing by the Parties and shall be valid until the Parties have fully fulfilled their obligations.
11.2. The Agreement may not be terminated unilaterally without the prior written consent of the other Party, except for the cases provided for by the provisions of this Agreement.
11.3. The Agreement may be terminated in the following cases:
   - by mutual consent of the Parties. The Party that has expressed a desire to terminate the Agreement shall be obliged to notify the other Party in writing of its intention with the justification of its position;
   - in case of violation of the terms of this Agreement;
   - on the grounds provided for by the legislation of Ukraine.
11.4. The Agreement may be terminated unilaterally without the prior written consent of the other Party, in the event of the Customer's violation of the conditions stipulated in Article 3 of this Agreement.
11.5. In the event of termination of the Agreement on the grounds stipulated in this Agreement, the funds transferred to the Contractor under this Agreement shall not be returned to the Customer.

12. Dispute Resolution

12.1. The Parties undertake to resolve any disputes through negotiations and out of court.
12.2. If the Parties fail to reach an agreement through negotiations, the dispute shall be resolved in court in accordance with the legislation of Ukraine.
12.3. When resolving issues not stipulated in this Agreement, the Parties shall be guided by the general norms of the legislation of Ukraine.
12.4. If one of the clauses of this Agreement is declared by a court to be invalid, this will not result in the entire Agreement being declared invalid.