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Public offer

  1. Definition of Terms used in the Public Offer
    1. Company: Limited Liability Company "PENERGIA" (EDRPOU 41395162).
    2. Company Administration: the Company's authorized employees, as well as other persons authorized to manage the Website and provide Services to the Users via Website.
    3. Website: the Company's Internet resource is www.ineed.com.ua.
    4. Services: a number of specific services provided by the Company in the process of using the Company's Website by the Users.
    5. User: an individual, a sole entrepreneur, or a legal entity using the Company's Services who has previously passed the registration procedure.
    6. User Registration: the User fills in the registration form on the Website; after its approval by the Company the User is assigned appropriate username and password to access the Company's Services and personal page of a registered User.
    7. Authorization: the registered User enters the username and password to access the Company's Services and enter the Personal Account.
    8. Username: the User's identifier for authorization on the Website, needed to make use of the Company's Services hereunder. As a Username the User can take the mobile phone number or email address.
    9. Password: a combination of symbols, automatically assigned by the Website software at the time of registration, which together with the Username ensures the User authentication when using the Company's Services.
    10. Personal Account: a personal page of a registered User on the Website where the User manages his / her account and Balance.
    11. Contractor: a User who has passed the registration procedure on the Website and posts Advertisements and Offers on the Website hereunder.
    12. Advertisement: text and graphic images posted on the Website which describe the Contractor's professional experience and skills in a specific category of work / services.
    13. Offer: the Contractor's offer addressed to the Customer in order to sign a contract for the provision of services / performance of work in a certain category.
    14. Feedback: the User’s comments on the Website concerning the relationship with another User in the process of providing services / performing work with the help of the Company's Services.
    15. Customer: the User who has passed the registration procedure on the Website and submits Assignments on the Company’s Website in order to find and select a suitable Contractor.
    16. Assignment: the Customer’s request for the provision of services / performance of work in a specific category which has been posted on the Company's Website.
    17. Bonuses: additional funds provided by the Company to the User under certain conditions.
    18. Balance: the User’s account on the Website displaying the amount of funds transferred by the User to the Company for the Services provided by the Company to the User.
    19. Assignment Amount: the cost of Contractor's services / work specified in the Customer's Assignment.
    20. Accounting time: Kyiv time is used for the Company's Website and Services.
    21. Privacy Policy: the procedure for dealing with confidential information on the Company's Website. The current version is posted on the Website at: https://www.ineed.com.ua. The Privacy Policy is an integral part of the Contract.
    22. Services Regulations: the rules for the Contractor's and Customer's work with the Service. The Services Regulations are an integral part of the Contract.

 

  1. Subject of the Contract (Предмет договора)
    1. The subject of this Contract is the provision of Services on the Company's Website to the Users carried out by the Company.
    2. This Contract is a public contract.
    3. Posting this Contract on the Company's Website seems to be the Company's public offer which is the Company's ground for signing the Contract with any User who agrees to do it.
    4. The Contract is to be signed by means of the User's accession to this Contract, i.e. the User’s acceptance of the terms and conditions of this Contract in full volume, without any complaints and reservations.
    5. The transfer of funds by the User to the Company as an advance payment for the Services provided by the Company and / or the actual use of the Company's Services means that the User unconditionally agrees to all clauses of this Contract and accepts them. The transfer of funds by the User to the Company as an advance payment for the Services provided by the Company means that the User absolutely and unconditionally accepts all terms and conditions of this Contract. The ignorance of this Contract shall not release the User from liability for failure to comply with its terms and conditions.
    6. If the User does not agree to comply with Contract’s provisions, he shall not pay for the Company's Services (by making an advance payment in particular) and / or use them.
    7. The Parties recognize the location of the Company as the place of concluding this Contract.
    8. In addition to the text of this Contract the procedure for providing the Services by the Company is determined by the Privacy Policy and Services Regulations which are an integral part of the Contract.

 

  1. Procedure of using the Company's Services (Порядок работы Сервисов Компании)
    1. Anyone desiring to become a User shall undergo the registration procedure on the corresponding Website page. While registering, the User undertakes to provide a reliable, complete and accurate personal information in the registration form (questionnaire) and periodically update it to ensure its relevance. The User is obliged not to mislead the Company and / or other Users regarding his / her identity or name and not to post home and legal addresses, phone numbers, email addresses, passport / registration data and other information of any third parties on the Website. In case the User misinforms the Company, he is entitled to deny any further use of the Service to this User.
    2. From the moment of registration on the Website, the User agrees to the Company's use of the personal data specified by the User during registration and for their processing (systematization, accumulation, storage, application) in order to ensure the Service operation and User data service.
    3. The procedure for the use of personal data is regulated by the Company’s Privacy Policy; it is an integral part of the Contract establishing the obligations of the Administration of Company’s Website for non-disclosure and privacy protection of personal data, provided by the User at the Website Administration's request while registering on the Website.
    4. From the moment of registration, the User may pay for the Company's Services.
    5. Under this Contract and the laws of Ukraine the User is fully responsible for all actions performed with the help of personal account, as well as for all possible and actual consequences of its use.
    6. By registering, the User agrees to receive information messages to the email address and / or mobile phone number specified during registration. The Company undertakes not to transfer the User's personal data mentioned above to third parties without the User's consent (except for the cases stipulated by the applicable laws of Ukraine).
    7. The User is strictly forbidden to transfer, assign, sell or otherwise transfer the username and password for the Website and Company's Services to third parties without the Company's consent. In case the username and password are transferred to any third party, the User is solely responsible for the actions of this third party.
    8. The User is obliged to take appropriate measures to ensure the safety of User’s account, including the username and password, and is responsible for all actions performed on the Website under this account (using the username and password). The User is obliged to immediately notify the Company of any cases of access of third parties to the Website under the User’s account which became known to them. The User is recommended to regularly change the password. The Company shall not be held liable for the infringement of the User’s rights by third parties in case they obtain unauthorized access to the User’s Username and Password.
    9. By registering, the Contractor agrees to undergo the verification procedure which implies provision of the Contractor's personal / registration data to the Company and its confirmation. To undergo the verification procedure, the Contractor shall have a passport and a sole entrepreneur additionally submits an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations (hereinafter referred to as EDR). To undergo the verification procedure, the Contractor being a legal entity also needs an extract from EDR, as well as documents confirming the location of legal entity and the authority of its representative to act on behalf of the legal entity if such actions are related to the use of Company's Services hereunder.
    10. The User is entitled to stop using the Company's Services at any time on reasonable notice to the Company.
    11. The Company does not guarantee twenty-four hour access to the Company's Website and Services. The Company is entitled to deny using the Services to the User at any time in case of the breach of Contract by the User.
    12. The User is responsible for respecting the rights of third parties related to the information submitted (provided) to the Company during the User's registration, Website use and access to the Company's Services. The Users exercises all judgement to evaluate if the use of the Website and Services provided by the Company, is law-compliant, including applicable laws of Ukraine.
    13. The User is granted access to the private messaging service. The private messaging service implies the possibility of posting the User's messages on the Website so that they are accessible only to the Customer giving an Assignment and to the chosen Contractor, not to all Users. It is prohibited to post private messages which:
      • break the applicable laws of Ukraine,
      • contain spam,
      • are illegal, harmful, threatening, injuring morality, slanderous, infringing the copyright or other intellectual property rights of third parties, propagating hatred and / or discrimination of people on racial, ethnic, gender, social grounds,
      • contain links to the Internet resources owned by the Users or third parties,
      • contain the User's contact information (phone number, social network accounts or instant messaging accounts),
      • infringe the rights of third parties.
      The Company is entitled to look through the history of private messages and delete a personal message not meeting the requirements hereof at any time.
    14. The User engaged in the breach of this Contract may be penalized by restricted access to the Company's Website and Services, permanently or temporarily at the Company's discretion.
    15. The Customers must post Assignments on the Website in good faith and with fairness and be interested in the performance of work / provision of services in a certain category by the Contractor. Nevertheless, the Customers are prohibited to post Assignments in order to study demand for the provision of services / performance of work and with other purposes not related to the actual need for performance of work / provision of services. The Customer can change the terms of Assignment only until the Contractor is selected.
    16. After the Contractor is selected, the Company gives necessary contact information to the Customer and Contractor, i. e. phone numbers and email addresses specified by these Users during registration. If the Customer does not select the Contractor within the time period specified when giving an Assignment, the Assignment will be cancelled.
    17. After the Contractor is selected, the Users (Customer and Contractor) sign a contract for the provision of services / performance of work. The Customer is obliged to confirm on the Website the provision of services / performance of work by the Contractor under the contract signed, and the Contractor is obliged to confirm the payment from the Customer for the works performed / services provided under the Contract.
    18. The Contractors are prohibited to reassign the performance of Assignments to third parties.

 

  1. Payment for the Company's Services (Оплата Сервисов Компании).
    1. The User can use the Company's payable Services only after payment being performed. The User of the Company's payable Services must pay on a prepaid basis, unless otherwise provided herein. The Services are provided to the User if the User has a positive Balance sufficient to pay for the Company's payable Services, unless otherwise provided herein.
    2. The User pays for the Services according to the Company's current price list contained in the Services Regulations, an Appendix hereto.
    3. The User pays by means of the payment systems specified in the Services Regulations or by means of wire transfer to the Company's account according to the procedure specified in the Services Regulations. The User bears all costs related to wire transfer hereunder.
    4. The charged Services are provided to the Contractor only if the Contractor has funds on Balance sufficient to pay for the Company's charged Services.
    5. The failure to perform / improper performance of Assignment by the Contractor by his / her fault, as well as the Contractor's failure to receive funds from the Customer as a payment for duly completed Assignment, can not be basis to claim reimbursing the payment obtained by the Company for the provision of Services to the Contractor for such Assignment.
    6. The Users must pay for the Company's Services in Ukrainian hryvnyas.
    7. After the transfer of funds to the Company as an advance payment / payment for the Services it provides, the User receives confirmation of payment on the pages of payment systems used for the transfer; the payment data is also recorded on the User’s Balance.
    8. If the Users pay by credit cards, the payment can be refunded to the same User's card account from which the initial payment was made, or another card account specified by the User. If through the Company's fault it is impossible to provide the Service to the User for any reason, the Company undertakes to return the amount paid by the User. To have the payment refunded, the User must:
      Submit the information to the Company about a bank account opened in the User's name at any banking institution of Ukraine so that the Company can transfer funds to this account (current account, card account). If the Company decides to refund the payment to the User, it does it within 10 (ten) calendar days from the receipt of relevant application by means of wire transfer of funds to the account specified by the User.

 

  1. Rights and Obligations of the Company (Права и обязанности Компании)
    1. The Company exclusive obligation is to ensure the provision of the Company's Services to the User according to the procedure established hereby.
    2. The Company reserves the right to modify or delete any information published on the Website at its discretion, to suspend, restrict or deny the User's access to the Company Services at any time for any reason.
    3. The Company reserves the right to establish any restrictions on the use of Services by the Users.
    4. The Company is entitled to unilaterally amend the terms and conditions of this Contract. The information about these amendments is published by the Company on the Website and / or in the newsletter. If the User continues to use the Company's Services after any amendments hereto, it is regarded as the User's unconditional consent to these amendments.
    5. The Company is entitled to post advertising and / or other information in any Website section without the User's consent.
    6. In the event of the breach of this Contract by the User, the Company is entitled to unilaterally suspend, restrict or deny the User's access to any of the Company's Services at any time and shall not be held liable for any harm that may be caused to the User by these actions.
    7. The Company is entitled to send out messages to the Users, including electronic messages to the User’s email addresses or SMS messages to the User’s mobile phone numbers containing organizational, technical or other information about the capabilities of Company's Services.
    8. The Company undertakes not to use the User's credentials obtained during registration for any mercenary purposes and guarantees non-disclosure of this data, unless the Company is obliged to disclose this information under the laws of Ukraine.
    9. The Company provides to the User the possibility to receive Service-related technical support from the Company by phone and / or e-mail. The Company may require the User at its discretion to submit a request to the technical support service by e-mail from the address specified by the User during registration.
    10. The Company is entitled to moderate all Advertisements, Offers, Images and Assignments and at any time delete them from the Site at its sole discretion without giving reasons.
    11. The Company reserves the right to delete any information or materials from its servers if in its opinion they are unacceptable, undesirable or break the Contract.
    12. The Company bears no responsibility for the materials published by the Users on the Website.
    13. The Company is obliged to meet other obligations established hereby.

 

  1. Rights and Obligations of the User (Права и обязанности Пользователя)
    1. The User is obliged to strictly adhere to the terms and conditions of this Contract and its appendices, as well as pay for the Services provided to the User according to the procedure and under the terms and conditions stipulated by this Contract and its appendices.
    2. The User undertakes to individually review the information on the Company's Website about the terms and conditions of using the Company's Services and their cost.
    3. The User is entitled to demand the provision of Services from the Company hereunder.
    4. The User is entitled to use the Company's technical support service for free after identifying himself / herself as a User (by means of username or contact details).
    5. The User undertakes to use the Services only for legitimate purposes, comply with the applicable laws of Ukraine, as well as the Company's rights and legal interests.
    6. The User is obliged not to take actions aimed at destabilization of Services operation, not to attempt unauthorized access to the Services, not to take any other actions infringing the rights of the Company and / or third parties.
    7. The User undertakes not to lock out or harm in any other way the Website security features.
    8. The User undertakes not to use the Services to perform actions aimed at harming network security and disrupting software and hardware connected to the Internet, as well as launching network attacks on any resources accessible via the Internet, including but not limited to the Company's software and hardware.
    9. The User confirms full capacity (in respect of individuals), legal capacity (in respect of legal entities), absence of any form of guardianship over the User.
    10. The User undertakes to regularly, at least once a week, review Services-related information on the Website, including amendments hereto. If the User continues to use the Services after the publication of the Company's notification about amendments of current terms and conditions hereof and other changes on the Website, it is regarded as the User's consent with the amendments. The User bears all risks related to the adverse affects of the User's failure to comply with this provision.
    11. The User represents and warrants that he / she has all rights to use the materials posted when creating an Advertisement.
    12. The Customer is prohibited to post Assignments which aim at:
      • attracting the Users, as well as other visitors of the Website to other Internet resources, websites, or registering the Users, as well as other visitors of the Website on such resources, websites;
      • advertising any goods, works and services;
      • ordering automatic or manual distribution of invitations, messages and email newsletters to the users of social networks;
      • providing services for the distribution of the Customer's goods,
      • cheating or changing the website statistics, number of subscribers in social networks.
    13. The Contractors cannot post Advertisements and Offers on the Website if they:
      • contain spam, Ponzi schemes;
      • are illegal, harmful, threatening, injuring morality, slanderous, infringing the copyright or other intellectual property rights of third parties, propagating hatred and / or discrimination of people on racial, ethnic, gender, social grounds;
      • contain links to the Internet resources owned by Users or third parties;
      • contain the contact details of the Contractor or third parties (phone number, social network accounts or instant messaging accounts);
      • infringe the rights of third parties;
      • break the applicable laws of Ukraine.
    14. When selecting the Contractor through the use of the Company's Services, the Customer understands and acknowledges that:
      • the Company and Contractors are absolutely independent non-related entities and individuals not affecting each other's activities;
      • the Company is not liable for the compliance of activities performed by the Contractor to execute work, provide services to the Customer with the laws of Ukraine and the Customer’s expectations;
      • the Company is only a venue for posting relevant Contractor's Advertisements, Offers and Customer's Assignments which enables the Customer to select a Contractor through the Website to perform work / provide services in a certain category;
      • the Company is not liable for the quality and time limits of work / services provided by the Contractor for the Customer;
      • the Company is not liable for the fulfillment of warranty obligations in respect of works / services performed / provided by the Contractors for the Customer;
      • the Customer must individually legalize contractual relations with selected Contractors and regulate the procedure and conditions of performance of work / provision of services by these Contractors (including, but not limited to requesting documents proving the Contractor’s identity when signing contracts; requesting documents confirming the Contractor’s qualifications for the performance of relevant work / provision of relevant services, as well as other documents stipulated by the laws of Ukraine and needed by the Contractor to perform work / provide services; signing written contracts with the Contractor as well as other documents confirming, inter alia, the transfer of funds to the Contractor for the work performed / services provided).
    15. The Contractor understands and acknowledges that though the Customer selects someone using the Company's Services to perform certain work / provide certain services:
      • the Company and Contractors are absolutely independent non-related entities and individuals not affecting each other's activities;
      • the Company is not liable for the fulfillment of contractual obligations by the Customer with respect to the Contractor, including those related to the payment of work performed / services provided;
      • the Company is only a venue for posting relevant Contractor's Advertisements, Offers and Customer's Assignments which enables the Customer to select a Contractor through the Website to perform work / provide services of a certain category;
      • the Contractor must individually legalize contractual relations with the Contractor who has selected the Contractor to perform certain work / provide certain services, and regulate the procedure and conditions of fulfillment of obligations by the Customer, including the acceptance and payment of work performed by the Contractor / services provided by the Contractor (including, but not limited to requesting documents proving the Customer’s identity when signing contracts; signing written contracts with the Customer as well as other documents confirming, inter alia, the performance of work / provision of services).
    16. The User is notified and agrees that when the Assignments are posted, each one is followed by the Company's logo (trademark) due to the Service functionality.
    17. The User is entitled to send information to the Website Administration about the breach of obligations by other Users in respect of the contracts, signed with the help of Company's Services and regulating the performance of work / provision of services.

 

  1. Liability. (Ответственность)
    1. The Company is not liable for any errors, omissions, interruptions, defects or delays in the processing or transmission of data, communication failure, destruction of any equipment, illegal access of third parties to the Website, restriction of Users' access to the Services. The Company is not liable for any technical failures or other problems with telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failure of email services or scripts for technical reasons, problems with normal functioning and availability of certain segments of Internet and telecommunication networks involved in providing access to the Services for the Users.
    2. The Company is not liable for the compliance of Service, in whole or in part, with the User's expectations, for the error-free and uninterrupted operation of Service, denying the User’s access to the Service, as well as safety of the User’s username and password, providing access to the Services, for reasons related to technical failures of the Company's hardware and software and shall not indemnify the User against any losses caused by these reasons.
    3. In case of the breach of this Contract by the User the Company reserves the right to temporarily restrict the User’s access to the Company's Services, and in case of major and / or repeated breach of this Contract – to permanently deny access to the Services.
    4. The Company is not liable to the User for a restricted or denied access to the Services, if it is caused by force majeure circumstances arising after the conclusion of this Contract and being beyond the control of Parties, including, but not limited to wars, riots, strikes, sabotage, embargoes, fires, floods, natural disasters, deterioration of radio-electronic or radiological conditions, explosions, actions and inaction of the government of Ukraine or another country, acts of state authorities and / or local authorities, amendments to the laws of Ukraine, accidents on public networks, changes in the conditions of access to cable communication lines.
    5. The Company shall not be liable to the User or any third parties for any direct and / or indirect losses, including lost profits or lost data, damage to honour, dignity or business reputation, resulting from using the Services, or failure to use them, or unauthorized access of third parties to the User's communications.
    6. The Company is not liable for any damage to the electronic devices of the User or another person, to any other equipment or software caused by or related to the use of Services by the User.
    7. The Company is not liable to the User or any third parties for:
      • quality of work performed / services provided by the Contractor to the Customer, their timely completion;
      • fulfillment of warranty obligations to the Customers in respect of work performed / services provided by the Contractors;
      • compliance of the activities carried out by the Contractors to perform work / provide services to the Customers with the laws of Ukraine;
      • content, validity and reliability of information used / received by the User when using the Services;
      • fulfillment by the Customers of the obligations to pay for the work performed / services provided by the Contractors.
      • The Company is not liable for any costs or damage directly or indirectly incurred by the Customers or Contractors as a result of performance of work / provision of services by the Contractors.
      • The Company does not control the quality and terms of performance of work / provision of services by the Contractors which they offer by posting relevant information on the Website. Therefore, the User accepts the condition that the Contractors take personal responsibility for all works and services offered by them on the Website and the performance of these works and provision of these services is in no way related to the Company's activities. The Customer assumes full responsibility and risks related to the performance of works and provision of services offered by the Contractors by posting relevant information on the Website. The Contractor assumes full responsibility and risks related to receiving payment from the Customers for work performed and services provided.
      • In the event of claims of third parties, including another User, against the Company related to the use of the Company's Services, the User undertakes to settle the said claims of third parties on his own and at his own expense and to protect the Company from possible losses and litigations, or act on the Company's side in such litigations.
      • The Company is liable for the content of information which it posts on the Website, in the Applications and newsletters.

 

  1. Intellectual Property (Интеллектуальная собственность)
    1. The Service is the intellectual property of its legal owners and is protected by the intellectual property law of Ukraine, as well as relevant international legal treaties and conventions. Any use of elements, symbols, texts, graphic images, programs and other objects being a part of the Service, except as permitted hereunder, is illegal without the permission of the Company or other legal copyright holder and may cause litigations and civil law, administrative and criminal sanctions under the laws of Ukraine.

 

  1. Communication between the Parties. Notices and Notifications (Форма общения Сторон)
    1. The correspondence between the Users, as well as between the Users and the Company regarding the performance of this Contract is carried on by e-mail, using the addresses registered by each Party. The email address registered by the Company is www.ineed.com.ua. The email address registered by the User is the email address specified by the User during registration on the Website.
    2. The Users agree that all notices and notifications received at the e-mail addresses registered as a part of services provided hereunder, as well as the publication of amendments hereto on the Website are considered to be properly delivered to the addressee.
    3. The Users undertake to timely check correspondence received at their e-mail addresses.
    4. The Parties hereto agree that the documents related to the performance of this Contract and sent using e-mail have legal force.

 

  1. Dispute Settlement (Разрешение споров)
    1. The Parties agree that all disputes and disagreements that may arise must be settled through negotiation subject to the procedure of pre-trial settlement of disputes. The User’s claims against the Company's Service is accepted for consideration only if they are made in writing and sent to the Company's address within two months from the date of provision of the Service or refusal to provide it.
    2. If no consensus is reached, all disputes related hereto are resolved by court under the applicable laws of Ukraine.
    3. If there is a dispute between the Customer and the Contractor related to the performance of work / provision of services or their payment, it must be resolved by the Customer and the Contractor themselves, without involving the Company.

 

  1. Procedure for Amending the Contract (Порядок внесения изменений)
    1. All amendments hereto are unilaterally made by the Company. The date of entering into force of amendments hereto is the date specified by the Company in their text, but not earlier than the date of their publication on the Website.
    2. The text of amendments hereto or a new version hereof is notified by the Company by their publication on the Website.
    3. If the User disagrees with the amendments hereto, the User is entitled to terminate the Contract by notifying the Company of refusal to continue using the Company's Services, as well as of disagreement with the amendments, or non-acceptance of the new version of Contract, or refusal to comply with its terms and conditions.
    4. The Parties agree that silence (the absence of written notifications about termination of the Contract or disagreement with particular provisions of the Contract, including tariff adjustments) is regarded as the Party's consent with and acceptance of the new or amended version of the Contract.

 

  1. Miscellaneous (Иные условия)
    1. This Contract and relationship between the Company and the User are regulated under the legislation of Ukraine. The issues not regulated by the Contract are resolved under the laws of Ukraine.
    2. If any provisions of this Contract are null, void and of no effect, this must not affect the validity and enforceability of the remaining provisions hereof.
    3. For a particular User, this Contract enters into force from the moment of the User's registration on the Company's Website and is valid until the User stops using the Company's Services.
    4. The date of acceptance of the terms and conditions of this Contract by the User and signing the Contract is the date on which the User begins to use the Company's Services or the date on which the User gives advance payment to the Company for the Services provided by the Company hereunder, whichever shall be the earlier of the two.