PUBLIC AGREEMENT ON THE PROVISION OF SERVICES

This Agreement is concluded between PEREMOGA SERVICES LLC, USREOU code 45029795 (hereinafter – the “Provider”), UA SPACE LLC, USREOU code 45467041 (hereinafter – the “Partner-Provider”), which together act as the providers of works/services (hereinafter “Peremoga”), and any person who orders services (hereinafter – the “Client”). All three parties are participants in this Agreement, and each of them is a separate Party. The Parties have concluded this Agreement (hereinafter – the Agreement), addressed to an unlimited number of persons, which constitutes the Provider’s official public offer to conclude an Agreement on the provision of services with any Client. By ordering and paying for the Provider’s Services, the Client accepts the terms of this Agreement as set out below.

  1. TERMS AND DEFINITIONS

1.1. Public Agreement – a legal transaction governing the relations between the Provider and Clients regarding the provision of services, a specimen of which is published on the Website: https://peremoga.space/

1.2. Moment of conclusion of the Agreement – the moment at which the Client, or the Provider at the Client’s request, creates a booking for the Provider’s service.

1.3. “Services” – the Service or several Services provided by the Provider and specified by the Provider on the Provider’s Website: https://peremoga.space/.

1.4. “Client” – any natural person with legal capacity, legal entity, or private entrepreneur.

  1. GENERAL PROVISIONS

2.1. The Agreement has legal force in accordance with Articles 633, 641 and 642 of the Civil Code of Ukraine and is equivalent to an Agreement signed by the Parties.

2.2. The Client confirms the fact of having read and agreed to all the terms of this Agreement in full by way of acceptance.

2.3. The Agreement is concluded by the Client transferring to the Provider computer and office equipment, electronic and mobile devices, etc., without the signing of a written counterpart, and has legal force in accordance with the provisions of Articles 633 and 634 of the Civil Code of Ukraine. The Client may not propose its own terms of the Agreement.

2.4. By concluding this Agreement, the Client automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, of the prices for the Services and of all annexes, which are integral parts of the Agreement.

2.5. If the Client does not agree with the terms of the Agreement, the Client has no right to conclude this Agreement and is also not entitled to use the Services under this Agreement.

  1. SUBJECT OF THE AGREEMENT

3.1. The Provider undertakes, on the terms and in the manner specified in this Agreement, to provide the Services to the Client, and the Client undertakes, on the terms and in the manner specified in this Agreement, to accept and pay for the ordered Services within the time limits specified in this Agreement.

3.2. The Client and the Provider confirm that this Agreement is not a fictitious or simulated transaction, nor a transaction concluded under the influence of pressure or deception.

3.3. The Provider confirms that it has the right to provide the services in accordance with the requirements of the applicable legislation of Ukraine.

  1. RIGHTS AND OBLIGATIONS OF THE PROVIDER

4.1. The Provider is obliged:

  • to fulfil the terms of this Agreement within the time limits and on the terms of this Agreement;
  • to provide the Client with Services of proper quality;
  • to inform the Client objectively about the Services and the conditions of their provision on the Website https://peremoga.space/.

4.2. The Provider has the right:

  • to independently set and change the rates for the services provided under the Agreement;
  • to unilaterally suspend the provision of services under this Agreement in the event of a breach by the Client of the terms of this Agreement;
  • to unilaterally amend the provisions of the Agreement and of the Terms of Service by publishing them on the Website https://peremoga.space/;
  • other rights in accordance with the applicable legislation of Ukraine and this Agreement.
  1. RIGHTS AND OBLIGATIONS OF THE CLIENT

5.1. The Client is obliged:

  • to pay for and receive the Order in a timely manner, within the time limits and on the terms of this Agreement;
  • to read the information about the Services published on the Provider’s website https://peremoga.space/, or obtained by way of consultation at the reception desk.

5.2. The Client has the right:

  • to place an Order for the Services specified on the relevant page of the Website https://peremoga.space/;
  • to require the Provider to provide the Services in accordance with the terms of this Agreement;
  • other rights in accordance with the applicable legislation of Ukraine and this Agreement.
  1. PRICE OF THE AGREEMENT AND PAYMENT PROCEDURE

6.1. The price of each individual Service is determined by the Provider and specified on the relevant page of the Website https://peremoga.space/. The price of the Agreement (the value of the Order) is determined by adding together the prices of all the Services selected by the Client.

6.2. The Client pays for the Provider’s Services under this Agreement in the national currency of Ukraine – the hryvnia. The Parties agree that the equivalent value of the Services specified in US dollars on the relevant page of the Website https://peremoga.space/. shall be paid by the Client in hryvnias in accordance with the official exchange rate of the hryvnia against the US dollar established by the National Bank of Ukraine on the day the corresponding invoice for the Services is issued by the Provider.

6.3. Payment for the Services is made by: transferring funds to the Provider’s current account (if the Client is a natural person or a legal entity), in cash, or by means of other payment instruments (PUMB Online, Way For Pay) specified on the Provider’s Website (if the Client is a natural person).

6.4. The moment of payment for the Services is deemed to be the time at which the funds are credited to the Provider’s current account, or the actual transfer of cash.

6.5. The Client pays independently and at its own expense for the services of third parties, if this is necessary in order to receive the Provider’s Services under this Agreement (for example, internet access services and others).

  1. PROCEDURE FOR RECEIVING SERVICES. ACCEPTANCE AND TRANSFER PROCEDURE

7.1. The rules for the provision and receipt of the Services, specified on the relevant page of the Website https://peremoga.space/, are annexes to (integral parts of) this Agreement. The Client may clarify all questions arising in the course of paying for and receiving the Services with the Provider using the contact details specified in Section 12 of this Agreement, Details of the Provider.

7.2. The fact of receipt of the Services by a Client that is a natural person or a legal entity is confirmed by that Client’s payment for the Provider’s Services. The Provider is obliged to provide the Client with an invoice and a receipt for payment for the Services.

7.3. The fact of receipt of the Services by a Client that is a legal entity is confirmed by a Certificate of Work Performed (hereinafter – the Certificate), signed by the Parties (or signed by the Provider unilaterally in the cases provided for by this Agreement). The Provider is obliged to send the Client a signed invoice and a signed Certificate in 2 (two) counterparts by post (an electronic copy of the invoice and the Certificate may be sent in advance by email or by fax). The Client is obliged, within 3 (three) business days from the date of receipt of the Certificate, to sign it and send the 2nd counterpart of the Certificate to the Provider by post, or, in the event of disagreement with signing the Certificate, to send its written objections.

7.4. If, within 1 (one) month from the date the Certificate was sent to the Client, the 2nd counterpart of the Certificate signed by the Client, or written objections to signing the Certificate, have not been received at the Provider’s postal address, the Provider shall sign the Certificate of acceptance and transfer of the Services provided unilaterally.

  1. REFUND OF FUNDS | REFUND POLICY:

8.1. Funds paid for a service are non-refundable.

8.2. If the Client notifies the Provider of a cancellation or rescheduling 48 (forty-eight) hours before the previously booked date of provision of the Service, the funds paid will be transferred to the Client’s balance. The Client may use these funds within 2 (two) months from the date of cancellation or rescheduling of the previously booked date of provision of the Service.

  1. FORCE MAJEURE

9.1. Under the Agreement, the Parties shall not be liable for the failure to perform (improper performance) of their obligations if such failure to perform (improper performance) occurred as a result of force majeure circumstances.

9.2. Force majeure circumstances under the Agreement are deemed to be natural phenomena of a natural character (floods, earthquakes, snowstorms, ice, a significant decrease or increase in air temperature and other natural disasters), disasters of biological, technogenic and anthropogenic origin (explosions, fires, mass epidemics, epizootics, epiphytotics, etc.), circumstances of public life (war or military operations, blockades, civil unrest, acts of terrorism, mass strikes, etc.), acts or regulatory requirements of state authorities, and other circumstances which are beyond the control and will of the Parties, occurred after the Agreement entered into force, directly affect the actions of the Parties and make it impossible to perform the obligations under the Agreement.

9.3. The duration of the force majeure extends the time limits for the Parties’ performance of their obligations under the Agreement by the corresponding periods. Proper evidence of the occurrence and existence of force majeure circumstances is a document issued by the Chamber of Commerce and Industry of Ukraine or by the regional chambers of commerce and industry.

  1. TERM OF THE AGREEMENT

10.1. The terms of the Agreement are publicly brought to the attention of all Clients by being published on the Website.

10.2. The Agreement enters into force from the moment a booking for a service is created and remains in force until the Parties have fully performed their obligations under the Agreement.

  1. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

11.1. For the failure to perform or the improper performance of their obligations under this Agreement, the parties shall be liable in accordance with the applicable legislation of Ukraine.

11.2. The Client, its employees and visitors are obliged to comply with the rules of conduct, safety and action in emergency situations and, in the event of an air-raid alert being announced, to evacuate immediately to the nearest protective structure (shelter, basement premises, metro, car park, etc.).

The Client bears full responsibility for any breach by itself, its employees and visitors of the rules of conduct, safety and action in emergency situations, including breaches of the requirement to evacuate immediately to the nearest protective structure in the event of an air-raid alert being announced. The Provider is not liable for the life, health or property of the Client, its employees and visitors in the event that they remain at the location during emergency situations.

11.3. All disputes arising out of or in connection with this Agreement shall be resolved through negotiations between the Parties.

11.4. If the dispute concerned cannot be resolved through negotiations, it shall be resolved in court in accordance with the jurisdiction and venue established for such a dispute under the legislation in force in Ukraine.

11.5. The Provider shall bear no liability whatsoever for the non-provision or improper provision of the Services to the Client in the event of the occurrence of any circumstances that arose through no fault of the Provider (namely – the occurrence of circumstances arising from the fault or negligence of the Client and/or the occurrence of circumstances arising from the fault or negligence of any third party (any third parties) and/or the occurrence of force majeure circumstances).

  1. FINAL PROVISIONS

12.1. All legal relations arising out of or in connection with the Agreement, in particular those relating to its validity, conclusion, performance, amendment and termination, the interpretation of its terms, and the determination of the consequences of the invalidity or breach of the Agreement, are governed by the Agreement and by the relevant provisions of the applicable legislation of Ukraine.

  1. LOCATION AND DETAILS

PEREMOGA SERVICES LLC, Company code 45029795
Address: Kyiv, 15 Yaroslaviv Val St.
tel. +380675156069

UA SPACE LLC, Company code 45467041

Address: Kyiv, 15 Yaroslaviv Val St.

Details vary depending on the location of the company.