on services provision
This document is a public offer and a public agreement for the provision of services and in accordance with Art. 633, 641, chapter 63 of the Civil Code of Ukraine, Article 174 of the Economic Code of Ukraine, its conditions are the same for all customers.
« Global Marketing Ukraine » Limited Liability Company, the code of the USREOU 40400600 , (hereinafter referred to as the Company) guided by the Civil Code of Ukraine, the Economic Code of Ukraine, the Law of Ukraine “On Protection of Consumer Rights”, the Law of Ukraine “On Protection of Personal Data”, other legal acts establishing the procedure for the provision and receipt of such kind of services, on the one hand, offers the individual and / or legal entity (hereinafter referred to as the Customer) a public offer agreement services provision as follows:
1.1. A Public Offer is an offer to conclude a public service agreement on the conditions contained herein made by the Company, addressed to any capable individual in accordance with Art. 633 of the Civil Code of Ukraine.
1.2. A Public Agreement is a transaction of the established form for the provision of services concluded between the Company and the Customer on the terms of the Public Offer at the time of its terms by the Customer (hereinafter the "Agreement").
1.3. A Customer is a legal and capable individual who receives services from the Company on the terms provided herein.
1.4. Acceptance is the full and unconditional Customer’s consent for the Agreement conclusion with the Company on the terms of the Public Offer.
1.5. Personal non-property rights are absolute subjective rights that belong to the Customer and third parties individualize the person appearing according to the place of birth. Following the interests of the rights of children, minors, and also adults who are unable because of age or health to independently exercise their personal non-property rights, it can be exercised by parents (adoptive parents), guardians, trustees who act as the Customer under the Agreement.
1.6. Service is the right of the Customer to receive information on the Internet activity of persons whose parent, adoptive parent, guardian and trustee is the Customer. The right to restrict the presence of persons whose parent, adoptive parent, guardian and trustee is the Customer. The right to limit and control contact with electronic devices by the persons whose parent, adoptive parent, guardian and trustee is the Customer. The Customer acquires the rights specified herein by means of an application created by the Company installing such an application on appropriate electronic devices meeting technological requirements and standards.
2.1. The Parties agreed to be guided by the current legislation of Ukraine and free expression of will in the implementation of the Agreement.
2.2. The subject of the Public Offer is the Company’s intention to provide the Customer with services and receive payment for these services from the Customer within the terms provided herein.
2.3. The subject of the Agreement is the provision of services by the Company and the payment for these services by the Customer on the terms and in the manner established by the Public Offer.
2.4. The services shall be provided by the Company to the Customer on the basis of the Agreement, which is concluded between them by an act that attests the consent with all provisions of the Public Offer and the consent to comply with the promulgated provisions of the Public Offer.
2.5. The consent with provisions of the Public Offer shall be confirmed as follows: The Agreement shall be concluded by the Customer’s acceptance of the Public Offer, containing all the essential terms of the Agreement, in a manner of an agreement provided by electronic communications facilities. A signed written form of the Agreement is not required.
2.6. Acceptance is considered complete and unconditional if the Customer who has received the offer to conclude the Agreement performs the action in accordance with the conditions specified in the offer, which certifies the Customer's desire to conclude the Agreement. This action means the acceptance of the offer and the actual conclusion of the Agreement.
2.7. Full and unconditional acceptance of the offer by the Customer is the moment when he / she signed the registration form or paid for the services to the Company, in accordance with Art. 642 of the Civil Code of Ukraine. The Customer who has accepted the offer is considered to be acquainted and agreed with all the terms of the Agreement.
2.8. The Company has the right to provide written form of the Agreement certified by the signature of the authorized person and the seal of the Company, upon written request of the Customer.
2.9. The date of the Agreement conclusion is the date of the Company’s Public Offer acceptance by the Customer.
3.1. The Company provides Service to the Customer under the terms of the Public Offer and the Agreement, in accordance with the Customer’s chosen package of services.
3.2. The Company provides Service to the Customer without interruption, except for cases stipulated hereby.
3.2. The Service shall be provided, subject to the following conditions:
3.2.1. Company’s technical opportunity to provide the Customer with the ordered service according to the chosen service package;
3.2.2. full and unconditional Customer’s acceptance of the Public offer and Agreement terms;
3.2.3. Customer’s payment for the Service of the Company in accordance with the chosen service package;
3.2.4. full legal and physical capacity of the Customer;
3.2.5. Customer’s consent for the processing, collection, storage of personal data during registration in the information and telecommunications system of the Company in form of a mark on granting permission for the processing of personal data.
3.3. The Service provision term shall be established in accordance with the selected service package.
3.4. The Company has the right to terminate the Service provision in the following cases:
- if there are signs of violation of the Public Offer terms in the actions of the Customer;
- if there are signs of violation of the Agreement terms in the actions of the Customer,
- if there are signs of violation of the provisions of the current legislation of Ukraine in the actions of the Customer;
- if the Service is used by the Customer for the purpose of unauthorized interference with the privacy of third parties;
- if the Service will be used by Customers for the purpose of national security violating.
3.5. The Customer has the right to get acquainted with the rules for obtaining, providing and termination of the Service provision posted on the Company's official website \https://parental-control.net/ and at Service’s sale points.
4.1. Receive Service that meets technical requirements of the chosen service package from the Company.
4.2. Change the chosen service package with the consent of the Company.
4.3. Independently choose devices for the exchange of information with third parties whose parent, adoptive parent, guardian and trustee is the Customer.
4.4. Change the service package by sending the appropriate Company’s application form by means of electronic communication.
4.5. Demand to not disclose Customer’s personal and family information, except cases provided for by the current legislation of Ukraine.
4.6. Unilaterally abandon the Agreement, in cases stipulated by the current legislation of Ukraine.
4.7. Change the devices to which the Service is assigned by submitting applications in writing or remotely using means of telephone communication or by filling out an interactive application form on the Company’s official website.
4.8. Accept the terms of the Agreement in the case of changing the service package provided by the Company.
4.9. Demand the free removal (in whole or in part) information about him and his family members from the electronic databases of the information services of the Company upon the written application of the Customer in accordance with the procedure and under the conditions stipulated by the current legislation.
4.10. Appeal the unlawful actions of the Company in accordance with the current legislation of Ukraine.
5.1. Provide true, complete and reliable information for using Service of the Company.
5.2. Pay for the Service of the Company in accordance with the chosen service package in a timely manner.
5.3. Choose to connect the Service of the Company solely to the devices of persons whose parent, adoptive parent, guardian and trustee is the Customer.
5.4. Compensate third parties and the Company for losses incurred on the basis of the Customer's actions provided for in clause 3.4 of the Public Offer.
6.1. Provide Service to the Customer in accordance with the chosen service package.
6.2. Demand from the Customer information for confirmation of the information declared by the Customer in the registration form.
6.3. Demand the Customer timely and full payment for Service in accordance with the chosen service package.
6.4. Terminate the provision of Service in the cases provided for in clause 3.4 of the Public Offer.
6.5. Change the size and order of service provision no more often than 1 (one) time in every 6 (six) calendar months.
6.6. Demand the Customer to compensate for losses incurred to third parties and the Company in connection with the actions of the Customer provided for in clause 3.4 of the Public Offer.
6.7. Receive, collect, store, process and use the personal information of the Customer in their own databases in accordance with the Law of Ukraine “On Protection of Personal Data”.
7.1. Properly provide Service to the Customer in accordance with the chosen service package.
7.2. Inform the Customer about the change in the order and / or conditions for providing of Service provision by the communication channels provided by the Customer.
7.3. Keep the Customer’s confidential data received for proper provision of Service in accordance with the chosen service package.
7.4. Inform the competent law enforcement authorities about the Customer's initiation of the conditions of clause 3.4. of the Public Offer.
7.5. Receive applications from the subscriber in writing or remotely using the means of communication by phone or by filling out an online application form on the Company's official website when changing the devices to which the service is connected.
7.6. Inform the Customer of the list of certified equipment that can be connected to the public telecommunications network(at the request of the Customer).
7.7. Warn the Customer about the reduction of the list of Service, the temporary termination or termination of the Service provision, the disconnection of final equipment in cases and in accordance with the procedure stipulated in the Public Offer and the Agreement, including in case of non - payment.
7.8. Inform the Customer about the period at which the provision of Service may be terminated.
8.1. The Customer pays for the Service of the Company according to the chosen service package.
8.2. Payment shall be made by the Customer by crediting the cost of Service to the bank account of the Company.
8.3. The moment of the Customer’s payment is the moment when funds are transferred to the Company’s bank account.
8.4. Payment for the Service cost shall be carried out by the Customer once a calendar year from the moment of connection of the Service by the Company.
8.5. In accordance with regulatory documents the Company has the right to accept payment from the Customer independently or instruct other organizations to conduct payment acceptance. The Company is not liable for the poor performance of organizations that accept payment from the Customer in Company’s favor.
9.1. The Company has right to collect and store personal data that Customer provides first when receives services. That is family name, name and second name, e - mail and other data that the Company need in order to provide proper level of services.
9.2. The Company uses personal data for the following purposes:
9.2.1. distribute information about any changes and updates of ordered by Customer’s services;
9.2.2. distribute information about new services of the Company;
9.2.3. distribute information about promotions and special proposals of the Company;
9.2.4. organise surveys and gather Customer’s opinion regarding level of satisfaction by quality of services, gather information about devices and methods of services usage by Customer.
9.3. The Company has right to use personal data for distributing information about products and services of its partners, which are related to the Company’s services.
9.4. The Company does not share Customer’s personal data with third parties except the cases:
9.4.1. of distributing information to the Company suppliers in order to arrange proper level of services for Customer;
9.4.2. of informing regulatory authorities about excessive use of services by Customer;
9.4.3. of necessity to protect rights and property of the Company;
9.4.4. bankruptcy, reorganisation, merger, acquisition, transformation of the Company. In this case personal data is considering as the Company’s asset;
9.4.5. of legal process for legal receiver or in case of deviation to other legal entity;
9.4.6. of distributing information to the third parties for processing Customer’s legal requests of different forms;
9.4.7. in other cases, foresee by this Public Offer.
9.5. The Company has right to collect and store personal data in order to inspect Customer’s relevance. The Company stay responsible for storage of such information according to legislation in power including international one.
9.6. Customer can refuse to receive information mentioned in the bullet 9.2 in the order indicated by the Company in these messages.
9.7. The Company guarantee that during services usage the Company apply all necessary technologies in order to protect personal data of Customer from illegal distribution, usage or stealing.
9.9. Customer is responsible for personal data update in case of its change.
9.10. The Company has right to use according bullet 9.2 and store Customer’s personal data during 1 year after discontinuance of services use.
9.13. The application uses the location in the background to determine the current location of the child.
10.1. For non - fulfillment and / or inadequate execution of the terms of the Public Offer and / or Contract, the Parties shall be liable in accordance with the current legislation of Ukraine and the Public Offer.
10.2. The Company is responsible for unauthorized disclosure of the Customer's information to third parties, except for cases provided for by the current legislation of Ukraine.
10.3. The Customer is solely responsible for unauthorized interference with the privacy of third parties and / or violation of national security through the use of the Service of the Company. In the event of such interference, the Customer shall independently bear civil, administrative, criminal liability provided for by the current legislation of Ukraine.
10.4. In the case of unauthorized interference by the Customer in the personal life of third parties and / or violation of national security through the use of the Company's Service, the Customer shall independently compensate all losses incurred to third parties, Companys, and the state.
10.5. The Customer confirms the reality of the intentions to use the Service provided by the Company solely for the purpose of creating safe conditions for the Customer and the persons who are the father, the adoptive parent, the guardian, the trustee of which is the Customer.
11.1. The Customer has the right to submit an application(proposals, applications, complaints, petitions, etc.) regarding the Service provision to the Company. Requests shall be sent by the Customer to the Company in any manner and in any form not prohibited by the applicable Law of Ukraine.
11.2. The Company shall consider the Customer's request within a reasonable period of time, which does not exceed 30 days from the moment when the request was received in accordance with the Law of Ukraine “On Citizens' Appeal”. The Company shall reply the Customer in the same manner the appeal was sent, unless otherwise specified by the Customer in the application.
12.1. If it is necessary to compensate for losses and / or use of other sanctions, the Party whose rights or legitimate interests are violated, with the aim of resolving the dispute, has the right to apply to the other Party with a claim stating losses incurred by third parties in connection with such violation.
12.2. The claim shall be considered by the other Party within 1 (one) calendar month from the date of receipt.
12.3. If the Party has violated the property rights and / or legal interests of the other Party does not respond to the claim within a month or refuses to fully or partially satisfy the requirements set forth therein, the other Party has the right to apply to the court in accordance with the current legislation of Ukraine.
13.1. The Agreement is concluded between the Parties on the terms of the Public Offer, which has the force of the Agreement, in the manner and under the conditions stipulated by the Public Offer.
13.2. The Agreement comes into force from the moment of the Customer’s acceptance of the Public Offer in the manner stipulated herein and shall remain in effect for an indefinite period of time.
13.3. This Agreement shall be terminated in the following cases:
-termination of the service package provision because of the expiration of the provision term;
-unilateral refusal of the Agreement in the order established by the current legislation of Ukraine;
-violation of clause 3.4. of the Public Offer by the Customer;
-adoption of regulations that make it impossible to provide Service;
-in other cases according to the current legislation of Ukraine.