Public contract (Offer contract)

An agreement in which the administration of the site https://kirins.ua/, represented by Kirin Mykyta  Volodymyrovich (hereinafter referred to as the Contractor), on the one hand, and any person who accepted this offer (hereinafter referred to as the Customer), with of the other party, hereinafter together - the parties, and each separately - the Party, have concluded this Agreement (hereinafter - the Agreement), addressed to an unlimited circle of persons, which is the official public offer of the Contractor to conclude an Agreement for the provision of services in the field of insurance with any Customer. When ordering and paying for the services of the Contractor, the Customers accept the terms of this Agreement as follows. 

1. GENERAL PROVISIONS

1.1. This Agreement is concluded by providing the full and unconditional consent (acceptance) of the Customer to conclude the Agreement in full, without signing a written copy of the Agreement by the Parties.

1.2. The contract has legal force in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to an agreement signed by the parties.

1.3. The Customer confirms the fact of familiarization and agreement with all the terms of this Agreement in full by acceptance.

1.4. Any of the following actions is considered an acceptance of this public offer agreement:

• the fact of the Customer's registration on the Contractor's website and placing an Order for the Contractor's services on the Contractor's website https://kirins.ua/;

• payment for the Contractor's services on the terms and in the manner specified by this Agreement and on the relevant pages of the Contractor's Website https://kirins.ua/;

• written (including in electronic form by e-mail) notification of the Customer of acceptance of the terms of this Agreement to the e-mail address specified on the site https://kirins.ua/.

1.5. By entering into this agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for services and all annexes that are integral parts of the Agreement.

1.6. If the Customer does not agree with the terms of the Agreement, he has no right to enter into this Agreement, and is also not entitled to use the Services under this Agreement. 

2. TERMS AND DEFINITIONS

"Public offer agreement" - a public agreement, a sample of which is posted on the website https://kirins.ua/.

"Acceptance" - the provision by the Customer of full and unconditional consent to the conclusion of this Agreement in full, without signing a written copy of the Agreement by the Parties.

"Services" - a service or several services in the field of insurance (namely, information and consulting services, registration of insurance policies) that are provided by the Contractor and indicated by the Contractor in the relevant section of the Contractor's Website https//kirins.ua/.

"Customer" - any capable individual, individual entrepreneur, legal entity who visited the Site https://kirins.ua/ and accepted this Agreement.

"Contractor" - site administration https://kirins.ua/.

"Order" - a duly executed application of the Customer for the receipt of Services, addressed to the Contractor. 

3. SUBJECT OF THE CONTRACT

3.1. The Contractor undertakes, on the terms and in the manner determined by this Agreement, to provide the Customer with Services in the area of insurance (namely, information and consulting services, execution of insurance policies), and the Customer undertakes, on the terms and in the manner determined by this Agreement, to accept and pay for the ordered services .

3.2. The Customer and the Contractor confirm that this Agreement is not a fictitious or imaginary transaction or a transaction concluded under the influence of pressure or deceit.

3.3. The Contractor confirms that he has the right to carry out activities in the area of insurance, in accordance with the requirements of the current legislation of Ukraine.

4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

4.1. The Contractor undertakes to:

- comply with the terms of this Agreement;

- provide the Customer with services of adequate quality;

- objectively inform the Customer about the Services and the conditions for their provision on the website https://kirins.ua/.

4.2. The Contactor has the right:

- unilaterally suspend the provision of services under this Agreement in case of violation by the Customer of the terms of this Agreement;

- other rights in accordance with the current legislation of Ukraine and this Agreement.

5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

5.1. The customer is obliged to:

- timely pay and receive the order on the terms of this Agreement;

- read the information about the Service posted on the Contractor's website.

5.2. The customer has the right:

- order the services indicated on the corresponding page of the Site https://kirins.ua/;

- require the Contractor to provide the Services in accordance with the terms of this Agreement;

- other rights in accordance with the current legislation of Ukraine and this Agreement.

6. HOW TO ORDER

6.1. The customer independently places an order on the corresponding page of the Site https://kirins.ua/ by filling out the appropriate form on the site, or by contacting the site manager, or by placing an order by e-mail, or by phone, indicated in the contact section of the site https:/ /kirins.ua/.

6.2. The term for processing the Order by the Contractor is up to 3 (three) working days from the date of its execution. If the Order is sent on a weekend or holiday, the processing time for the Order starts from the first working day after the weekend.

7. PRICE OF THE CONTRACT AND PROCEDURE OF PAYMENT

7.1. The price of each individual service is determined by the Contractor and indicated on the corresponding page of the Site https://kirins.ua/.

7.2. The Customer pays for the Services of the Contractor on the basis of this Agreement in the National currency of Ukraine - hryvnia. The Parties agree that the equivalent cost of services in US dollars is paid by the Customer in hryvnias in accordance with the official hryvnia to US dollar exchange rate established by the National Bank of Ukraine on the date of issuing the corresponding invoice for the Services by the Contractor.

7.3. Payment for services is carried out by:

7.3.1. transfer of funds to the current account of the Contractor (if the Customer is an individual) or

7.3.2. transfer of funds to the account of the insurance company from which the insurance contract is drawn up or

7.3.3. by issuing an invoice from the Contractor to the Customer by e-mail using the LiqPay payment system (or other payment system) or

7.3.4. using other payment methods that are indicated on the Contractor's website (if the Customer is an individual).

7.4. The moment of payment for services is the time of transfer of funds to the account of the Contractor.

7.5. Payment for services is carried out by the Customer within 3 (three) banking days from the moment the Parties conclude the Agreement and issue the corresponding invoice by the Contractor. The invoice drawn up by the Contractor is valid for three banking days.

7.6. The Customer independently and at his own expense pays the cost of services of third parties, if it is necessary to receive the services of the Contractor under this Agreement (for example, Internet access services and others).

8. PROCEDURE FOR OBTAINING SERVICES. PROCEDURE FOR RECEPTION AND TRANSFER OF THE RENDERED SERVICES

8.1 The rules for the provision and receipt of services are indicated on the relevant page of the Site https://kirins.ua/ and are annexes (integral parts) of this Agreement. All questions that have arisen in the process of payment and receipt of the Services, the Customer can find out from the Contractor using the contact details indicated on the website https://kirins.ua/. The fact of receipt of the Services by the Customer is confirmed by the payment by this Customer for the services of the Contractor. The Contractor is obliged to send the Customer an invoice to provide the service in accordance with this Agreement.

9. RESPONSIBILITIES OF THE PARTIES AND RESOLUTION OF DISPUTES

9.1. For non-performance or improper performance of their obligations under this Agreement, the parties are liable in accordance with the current legislation of Ukraine.

9.2. All disputes arising from this Agreement or related to it shall be resolved through negotiations between the Parties.

9.3. If the relevant dispute cannot be resolved through negotiations, it is resolved in court according to the established jurisdiction and cognizance of such a dispute in accordance with the legislation in force in Ukraine.

9.4. The Contractor does not bear any responsibility for the failure to provide or improper provision of services to the Customer, subject to the occurrence of any circumstances that arose through no fault of the Contractor (namely, the occurrence of circumstances that arose through the fault or negligence of the Customer and / or the occurrence of circumstances that arose through the fault or negligence any third party (any third parties) and / or force majeure).

10. FORCE MAJOR EVENT

10.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement if they arose as a result of force majeure circumstances.

10.2. Force majeure in this Agreement means any circumstances that have arisen against the will or against the will or desire of the Parties and which cannot be foreseen or avoided, including: hostilities, civil unrest, epidemics, blockades, earthquakes, floods, fires, as well as decisions or instructions of the state authorities and administration of the state of which the Customer is a resident, or the state of which the Contractor is a resident, as a result of which the Parties (or one of the parties) rely on additional obligations or establish additional restrictions and which make it impossible to further complete or partial performance of the Agreement, as well as other actions or events that exist beyond the will of the Parties.

10.3. If force majeure circumstances continue for more than 3 (three) months in a row, then each of the Parties will have the right to refuse further fulfillment of obligations under this Agreement and, in this case, none of the Parties will have the right to compensation by the other Party possible losses.

11. OTHER CONDITIONS OF THE AGREEMENT

11.1. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of this Agreement in accordance with its terms.

11.2. Unilateral change of the terms of the concluded Agreement by the Customer or refusal to fulfill the terms of the concluded Agreement by the Customer are unacceptable, except as provided for in this Agreement. None of the Parties to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.

11.3. Information provided by the Customer is confidential. Information about the Customer is used solely for the purpose of fulfilling his Order.

11.4. By his own acceptance of the Agreement, the Customer voluntarily agrees to the collection and processing of his own personal data with the following purpose: the data that becomes known will be used for commercial purposes, including obtaining information about the order and processing information about it, sending it by telecommunications means (electronic mail, mobile communications) advertising and special offers, information about promotions or any other information about the activities of the site https://kirins.ua/. In case of unwillingness to receive information about the activities of the Site https://kirins.ua/, the Customer has the right to contact the Contractor by writing a statement of refusal to receive promotional materials and sending it to the postal or email address of the Contractor.

11.5. The Contractor is not responsible for the content and accuracy of the information provided by the Customer when placing an Order. The Customer is responsible for the accuracy of the information specified when placing the Order.

11.6. The Customer is granted the right to use the Contractor's services exclusively in its internal activities without the right to alienate or transfer them in favor of third parties.

11.7. The Parties undertake to keep confidential information obtained as a result of the implementation of this Agreement, except when it is authorized in writing by the other Party or required by state authorities in accordance with applicable law. For the disclosure of confidential information, the guilty party is liable in accordance with applicable law.

11.8. The Agreement is public and unlimited and is valid until its termination by any of the Parties in the manner prescribed by this Agreement or the current legislation, but in any case until its final execution by the Parties. The Parties agreed that the term of this Agreement cannot be less than 3 (three) calendar months. This Agreement is considered agreed by the Customer and concluded at the location of the Contractor from the date of acceptance.

11.9. The Contractor independently, in accordance with and in pursuance of the requirements of the current legislation of Ukraine, determines the terms of this Agreement and its annexes, which are its integral parts. The Contractor has the right to independently change and / or supplement the terms of this public agreement and its annexes, including the rules for the provision and receipt of services under this Agreement. At the same time, the Contractor guarantees and confirms that the current version of the text of this Agreement and its annexes, including the rules for providing and receiving services under this Agreement, posted on the website of the Contractor, is valid.