Publ-advance

SOLE PROPRIETOR Loienko Hanna Vadymivna, acting on the basis of the Certificate of state registration of an individual entrepreneur №21036-01072021 dated 01.07.2021, hereinafter referred to as the ‘Contractor’, on the one hand, and

the person who has joined this Agreement by accepting the offer to conclude this Agreement on the terms and conditions determined by the Contractor, hereinafter referred to as the ‘Customer’, on the other hand, hereinafter collectively referred to as the ‘Parties’, and each individually as a ‘Party’, expressing their free will and guided by the norms of the current legislation of Ukraine, have entered into this Service Agreement (hereinafter referred to as the ‘Agreement’) on the following:

1. GENERAL PROVISIONS

1.1. The Agreement is a public agreement within the meaning of Article 633 of the Ukrainian Civil Code, and the person who accepts the offer (public offer) to conclude the Agreement (accepts) becomes the Customer in accordance with Article 642 of the Ukrainian Civil Code, Article 11 of the Law of Ukraine ‘On Electronic Commerce’ and the terms of this Agreement.

1.2. The Agreement is a suggestion (public offer) to an unlimited number of persons to conclude the Agreement with the Contractor by full and unconditional acceptance of the terms of this Agreement.

1.3. Acceptance of the Agreement shall be considered payment for the Contractor’s services by bank transfer on the basis of an invoice issued by the Contractor, including using an electronic payment instrument or confirmation by the Customer of the order placement by phone to the Contractor’s manager.

1.4. The Agreement shall be considered to be concluded from the date of receipt by the Contractor of payment for services made by the Customer on the terms and conditions established by this Agreement or from the date of placing an order for the provision of a particular service in case of provision of such service free of charge or in case the Parties determine another date of payment that differs from the date of placing the order.

1.5. If the Customer performs the actions provided for in Clause 1.3 of this Agreement, it shall be deemed to be the Customer’s acceptance of the offer to enter into the Agreement (acceptance), and shall also confirm the fact of full and unconditional acceptance by the Customer of the terms of this Agreement without any reservations or comments in accordance with Article 642 of the Civil Code of Ukraine. By accepting the Contractor’s offer (‘Public Offer’), the Client agrees to all the terms and conditions of this Agreement and confirms that he/she understands the content of the Agreement and the legal consequences of its conclusion.

1.6. The order is accepted by the manager by phone and is registered in the phone mode.

1.7. The terms used in this Agreement shall have the following meanings:

1.7.1. Public Оffer – the Contractor’s offer to conclude the Agreement, posted on the Contractor’s website and set out by the Contractor in the terms of this Agreement, addressed to an indefinite number of individuals and legal entities;

1.7.2. Acceptance is the full, unconditional and unconditional acceptance by the Customer of the terms of the Agreement via payment for the Contractor’s services or in any other way agreed by the Parties;

1.7.3. The Customer is an individual or legal person who receives services from the Contractor on the terms provided by the Agreement;

1.7.4. The Contractor’s Website is a set of web pages available on the Internet under the domain name https://publadvance.com;

1.8. By concluding the Agreement, the Customer confirms:

1.8.1. full and complete acquaintance with the Public Offer set forth in the terms of this Agreement;

1.8.2. unconditional and unreserved acceptance of the Public Offer set forth in the terms of this Agreement; 1.8.3. full understanding of the content of their obligations under the Agreement and the legal consequences of its conclusion.

2. SUBJECT OF THE AGREEMENT

2.1. On the terms and in the manner provided by this Agreement, the Contractor undertakes to provide, and the Customer accepts and pays for, the publication services (hereinafter referred to as the Services).

2.2. The subject of the Agreement shall be the services selected by the Customer from the list of services posted on the Contractor’s website.

2.3. In order for the Contractor to provide services under the Agreement, the Customer shall provide the necessary information and/or research materials and the article to the Contractor.

2.4. A scientific article, the publication services of which are the subject of this Agreement, shall be understood as an object of copyright in the meaning set forth in the Law of Ukraine ‘On Copyright and Related Rights’ as a literary work of a scientific nature in written, electronic (digital) form.

2.5. The method, procedure and term (period) of provision of services shall be indicated on the Contractor’s website and may be agreed upon by the Parties additionally.

3. PROCEDURE FOR THE PROVISION OF SERVICES

3.1. To receive services under the Agreement, the Customer shall leave an application on the website through the appropriate form, or contact the manager at the contacts indicated on the website https://publadvance.com. After receiving the application, the manager calls the Customer and the order is agreed and recorded by the Parties by phone.

3.2. When registering an order, the Customer shall provide the Contractor with the following information:

3.2.1. name, surname and middle name (if any) and/or company name;

3.2.2. contacts (telephone number, e-mail, etc.);

3.3 If the Contractor needs additional information, he/she has the right to request it from the Customer. In case of failure to provide the necessary information by the Customer, the Contractor shall not be liable for possible deficiencies in the primary documents and other documents drawn up in the course of fulfilling the terms of the Agreement.

3.4. The Customer shall be responsible for the accuracy of the information provided during registration.

3.5. The Customer shall register the application only after having read the terms of this Agreement set forth on the Contractor’s website.

3.6. After placing the order, an invoice for payment for the services selected by the Customer is sent to the Customer’s e-mail address, unless otherwise provided by the payment method agreed by the Parties.

3.7. The Contractor shall provide professional, qualified services provided for by this Agreement and shall guarantee the proper level of quality of the services provided, which is usually required for this type of services.

3.8. The Agreement shall be completed from the moment the Customer receives the result of the services provided.

3.9. If the Contractor has not received from the Customer any written reasonable comments on the quality or other conditions of the services within 7 (seven) calendar days from the date of execution of the Agreement, the Agreement shall be considered executed and the services shall be considered properly provided and accepted by the Customer in full without any comments.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 The Contractor has the right to:

4.1.1. receive from the Customer information and materials necessary for the provision of services;

4.1.2. independently set the price of services and other terms of their provision by posting relevant information on the Contractor’s website;

4.1.3. to make changes to the Agreement by posting them on the Contractor’s website without notifying the Customer;

4.1.4. store and process personal data obtained in the process of providing services in accordance with the requirements of the current legislation of Ukraine;

4.1.5. suspend the provision of services in case of untimely fulfillment by the Customer of its monetary obligations to pay for services;

4.1.6. fully or partially suspend the provision of services in case of impossibility of providing services due to technical or other objective reasons.

4.2 The Contractor is obliged to:

4.2.1. provide clarifications on issues arising from the Customer in connection with the provision of services;

4.2.2. provide services personally and/or with the involvement of third parties, while remaining fully liable to the Customer for the provision of services;

4.2.3. ensure the protection of personal data received from the Customer.

4.3. The Customer has the right to:

4.3.1. to receive complete and accurate information about the volume of services provided, as well as explanations on issues arising from the Customer in connection with the provision of services to him.

4.4. The Customer is obliged to:

4.4.1. independently read the terms of the Agreement posted on the Contractor’s website;

4.4.2. provide accurate and complete information necessary for the conclusion and performance of the Agreement;

4.4.3. make payment for the services provided in accordance with the terms of the Agreement at the prices determined by the Contractor;

4.4.4. immediately notify the Contractor of any changes in its details, as well as circumstances and facts that are important for the provision of services under the Agreement;

4.4.5. not to duplicate or distribute without the written consent of the Contractor the consultations, materials, presentations, explanations, and other information received in the context of the Agreement;

5. PRICE OF SERVICES AND PAYMENT PROCEDURE

5.1. The price of the Contractor’s services is indicated on the Contractor’s website.

5.2. The Contractor shall have the right to unilaterally change the price of any service by indicating the new price of the service on the Contractor’s website.

5.3. The cost of the services selected by the Customer shall be calculated on the basis of the invoices that form an inseparable part of this Agreement.

5.4. The Contractor shall not change the price of the service paid by the Customer.

5.5. The Contractor shall provide the Customer with the services subject to their full or partial prepayment, unless otherwise agreed by the parties.

5.6. The Customer is obliged to pay the invoice within 5 (five) calendar days from the date of invoicing by the Contractor, by sending it to the Customer’s e-mail or any messenger agreed by the Parties.

5.7. In case of preparation of payment documents by the Customer, the column ‘Purpose of payment’ shall contain a reference to the number and date of the invoice issued by the Contractor.

5.8. The payment shall be completed from the moment the funds are credited to the current account of the Contractor. The responsibility for the correctness of the transfer of funds shall be placed on the Customer.

5.9. The Parties have agreed that the Contractor shall start providing services the next day after the expiry of the term set for payment of the invoice by the Customer in order to ensure the possibility of refunding the Customer in case of impossibility to use the services under conditions that the Customer could not foresee.

5.10. In case of impossibility or refusal to use the services of the Contractor, the Customer shall notify the Contractor in writing before the date of the beginning of the provision of services. On the basis of a written application, the Contractor shall refund the funds paid by the Customer within 5 (five) business days from the date of submission of the written application by the Customer, indicating the details of the Customer’s account.

5.11. In case of impossibility or refusal to use the Contractor’s services after the start of the services, the payment made by the Customer for the services shall not be refunded, unless otherwise agreed by the Parties.

5.12. The price of the services includes taxes and fees (other mandatory payments) payable by the Contractor in connection with the fulfillment of the terms of the Agreement in accordance with the requirements of the current legislation of Ukraine.

6. RESPONSIBILITY OF THE PARTIES

6.1. The Contractor shall not be liable for inappropriate performance or non-performance of the terms of this Agreement if the Customer fails to provide the information and documents required for the provision of services, or in case of incomplete provision of information and documents or provision of contradictory and/or incorrect information and/or documents.

6.2. The Customer shall be responsible for the accuracy and completeness of the information specified during registration and provided to the Contractor for the performance of this Agreement. If the Customer fails to provide or incorrectly provides information, provides incomplete or unreliable materials, the Contractor shall not be liable for the Customer’s losses incurred as a result of refusal to refund the prepayment, provide services, and/or perform other actions due to the impossibility of correct identification of the Customer and/or insufficiency, unreliability of the provided materials.

6.3. In case of failure to provide services due to the fault of the Contractor, the Contractor shall refund the payment made to the Customer within 5 (five) calendar days on the basis of a written application of the Customer.

6.4. In case of delay in payment for the services by the Customer, the Customer shall pay a penalty in favour of the Contractor in the amount of double the discount rate of the National Bank of Ukraine of the amount of the outstanding monetary obligation for each day of delay in payment.

6.5. In case of delay in payment for services by the Customer for more than 30 (thirty) calendar days from the date of provision of services, the Customer shall pay in favour of the Contractor, in addition to the penalty provided for in clause 6.4 of the Agreement, as well as a fine in the amount of the cost of unpaid services.

6.6. In case the Customer makes payment but does not receive services for reasons beyond the Contractor’s control, such funds may be credited with the Customer’s consent against future payments for services to be provided by the Contractor or shall be refunded at the Customer’s request.

6.7. If payment systems are used to pay for the services on the Contractor’s website, the payment system service provider shall be responsible for the correctness and timeliness of the transfer of funds, as well as the storage and processing of personal data and other information provided to initiate the transfer of funds, in accordance with the procedure provided by the legislation of Ukraine.

7. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)

7.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the Agreement if it occurred as a result of force majeure, i.e. extraordinary and unforeseen circumstances that arose after the conclusion of this Agreement, do not depend on the will of the Parties and are beyond their control, which include, in particular but not exclusively, hostilities, revolutions, coups d’état, natural disasters, man-made and other accidents, accidents in the power supply and communication system, strikes, lockouts, sabotage and terrorist acts, decisions of state and local authorities, epidemics, pandemics, emergencies that make it objectively impossible to fulfil the terms of the Agreement (hereinafter referred to as ‘’Force Majeure‘’).

7.2. The Party facing Force Majeure shall be released from liability for breach of the Agreement if a certificate of the Ukrainian Chamber of Commerce and Industry or a regional chamber of commerce and industry or other official document issued by an authorized body or organization of the state where Force Majeure occurred is received.

7.3. The Party for which Force Majeure has arisen shall notify the other Party within 3 (three) calendar days from the date when the Party became aware of the occurrence of Force Majeure and provide the other Party with the appropriate documents to confirm the Force Majeure.

7.4. From the moment the other Party receives a notice of Force Majeure, the performance of the terms of the Agreement shall be suspended, and the term of performance of obligations under the Agreement shall be extended for the period of Force Majeure.

7.5. Suspension of the terms of the Agreement means that the Contractor shall suspend the provision of services under the Agreement, and the Customer shall not make further payments for services that have not been provided, without negative consequences, penalties and liability for each of the Parties.

7.6. The Party for which Force Majeure has arisen shall notify the other Party of the termination of Force Majeure within 3 (three) calendar days from the date when the Party became aware of the termination of Force Majeure.

7.7. Each Party shall have the right to initiate termination of the Agreement if the duration of force majeure exceeds one (1) month.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. The Customer owns the rights to intellectual property objects that the Customer provides to the Contractor for the provision of services under this Agreement, including the rights provided for by the legislation of Ukraine, the Berne Convention for the Protection of Literary and Artistic Works of 1886 and the Universal Copyright Convention of 1952, as well as other international legal acts.

8.2. For the purposes of this Agreement, the objects of intellectual property are, in particular, a scientific article, including texts, infographics, presentations, images, audiovisual works, etc., research materials in paper, electronic or any other form, etc., used or created by the Customer.

8.3.The Customer’s rights to intellectual property shall apply to the finished intellectual property (in electronic, paper and other forms), as well as to the materials obtained in the process of its creation, regardless of language and forms of expression.

8.4. The intellectual property objects owned by the Customer may be edited, translated into another language for the purpose of further publication of the work in the databases of scientific publications ‘Scopus’ or ‘WoS’, unless otherwise agreed by the Parties.

8.5. The Customer guarantees that at the time of signing this Agreement the article is the Customer’s original work; is free from the rights of third parties; does not contain plagiarism; does not contain previously published scientific materials; does not infringe copyright; the article has not been published before – in whole or in part.

8.6. The use of intellectual property objects by third parties is allowed only with the permission of the Customer, except as provided by the legislation of Ukraine, except in the case of the Contractor’s involvement of third parties to provide services under this Agreement, the Contractor shall be personally responsible for payment for the services provided and their quality.

9. PERSONAL DATA

9.1. Each of the Parties agrees to the collecting and processing of its personal data (including collecting, registering, accumulating, storing, adapting, changing, updating, using and disseminating (distributing, selling, transferring), depersonalizing, destroying personal data, including using information (automated) systems, as well as other activities that may be performed by the Parties in relation to personal data in written (paper), electronic and other forms), in particular, but not exclusively, the following personal data: first name, surname, middle name, date of birth, data of the ID document (number, series, date of issue, issuing authority, etc.), registration number of the taxpayer’s account card (tax number), extract from the state register of legal entities and individual entrepreneurs, taxation system, information on education and qualifications, phone number, e-mail address and other data provided voluntarily in order to ensure the implementation of contractual relations between the Parties, accounting and management accounting, conducting advertising campaigns and market research, sending electronic commercial messages by information and telecommunication means (e-mail, mobile communication, messengers, applications, social networks, etc.), communication and relations with public authorities and local governments, as well as for other purposes that cover the legitimate interest of the Contractor.

9.2. The Parties undertake to ensure appropriate protection of personal data from unlawful processing and unlawful access by third parties, including taking the necessary measures to prevent disclosure of personal data of the Parties’ officials, employees, authorized representatives, if such personal data has been entrusted to the Party or has become known to the Party in connection with the obligations under the Agreement.

9.3. By entering into the Agreement, the Customer confirms that he/she has been notified (without additional notice) of the rights of the personal data subject established by the Law of Ukraine ‘On Personal Data Protection’, the purpose of personal data processing, the composition and content of the collected personal data, as well as the conditions of access to personal data of third parties.

10. DISPUTE RESOLUTION

10.1. Disputes arising between the Parties in the process of performance of this Agreement or in connection therewith shall be resolved through negotiations.

10.2. All disputes between the Parties on which no agreement has been reached may be referred to the courts in accordance with the requirements of the current legislation of Ukraine.

10.3. By mutual agreement of the Parties, the dispute may be referred to a mediator or other independent professional mediator for resolution.

11. TERM OF THE AGREEMENT

11.1. The Agreement shall enter into force on the date provided in clause 1.4 hereof and shall remain in force until the Parties have fully fulfilled their obligations under the Agreement.

11.2. The Agreement shall be terminated early:

11.2.1. by mutual agreement of the Parties;

11.2.2. by a court decision that has entered into force;

11.2.3. on other grounds provided for by the current legislation of Ukraine and this Agreement.

12. OTHER TERMS AND CONDITIONS

12.1. If any provision of this Agreement becomes void, this shall not affect the validity of the remaining provisions of the Agreement. In this case, the Parties shall, as far as possible, try to agree on the replacement of the void provision with new valid provisions that allow to achieve the original intentions of the Parties as much as possible.

12.2. The Parties undertake to keep in confidence the confidential information and commercial secrets that they have become aware of in connection with the fulfillment of the terms of the Agreement, not to disclose the confidential information and commercial secrets of the other Party, and not to use the relevant information in their own interests or the interests of third parties.

12.3. The Parties shall be solely responsible for the completeness and accuracy of the details provided by them in the documents.

12.4. The Parties shall immediately notify each other of any change of name, title, legal form, location (place of residence), correspondence addresses, phone numbers, e-mail addresses, bank and other account details. In the event of failure to notify, the guilty Party shall bear the risk of adverse consequences (including tax consequences).