1. GENERAL TERMS
1.1. Individual Entrepreneur Chasovenko Oleksandr Ivanovych (hereinafter referred to as the Company) offers an undefined number of individuals, visitors to the website msocks.net (hereinafter referred to as the Website), to enter into a Public Agreement (hereinafter referred to as the Agreement) for the provision of software supply services (hereinafter referred to as the Service).
1.1.1. Visitor – an individual who visits the Website but is not a Client of the Company.
1.2. This Agreement is an adhesion contract in accordance with Article 634 of the Civil Code of Ukraine, and its terms are established solely by the Company.
1.3. The Visitor’s consent to enter into the Agreement is the submission of a request to the Company for the provision of the Service through the communication channels specified on the Website (hereinafter referred to as the Request). Upon joining this Agreement, the Visitor becomes a Client.
1.4. If the Visitor disagrees with any term of this Agreement, they may not contact the Company with a request to provide services.
1.5. In this Agreement, the software supply service (Code 77264000-3 DK 021:2015 Unified Procurement Dictionary) refers to providing Clients access to special software (hereinafter referred to as Software), which enables indirect queries to other network resources.
1.6. Personal data of Visitors and Clients is processed by the Company in accordance with the Website’s Privacy Policy, which is drawn up in compliance with the requirements of the Law of Ukraine “On the Protection of Personal Data,” the Model Procedure for the Processing of Personal Data of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 “On the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data” (General Data Protection Regulation, GDPR).
1.7. The Company, Visitors, and Clients are collectively referred to as the Parties and individually as a Party.
2. PROCEDURE FOR THE PROVISION OF SERVICES
2.1. The Company provides the Service based on the Client’s Request, which must contain information about the chosen operator and tariff plan, and the payment of a 100% deposit for it. The Company has 24 (twenty-four) hours to respond to the Request.
2.2. The Company must provide the Service to the Client within 24 (twenty-four) hours after responding to the Request and confirming receipt of the remuneration.
2.3. The Company provides the Service to the Client in the order and within the timeframe according to the chosen and paid tariff.
3. REMUNERATION AND PAYMENT PROCEDURE
3.1. The amount of remuneration and the term of service usage is determined according to the cost and duration of the tariffs available on the Website.
3.2. The amount of remuneration is specified in US dollars and is paid in hryvnias according to the official exchange rate of the NBU to the US dollar on the day of payment of the remuneration.
3.3. The Client undertakes to pay the remuneration to the Company in the form of a 100% deposit for the Service through the internet acquiring system via the Wayforpay platform to the Company’s settlement account.
3.4. To confirm the payment of the remuneration and the provision of the Service, the Client can receive an electronic receipt by entering their email address in a special form provided by the Wayforpay platform.
4. RIGHTS AND OBLIGATIONS
4.1. The Company has the right to:
Receive remuneration for the provided services in the order and within the timeframe specified in this Agreement;
Change the cost of tariffs and/or tariff plans unilaterally;
Suspend, block, or prohibit the use of the Software provided by the Company to the Client if the use of such software leads to or may lead to emergency situations, security system violations, or service provision conditions;
Suspend the provision of services in whole or in part if the load created by the provided computing power, as well as incoming or outgoing internet traffic, creates unacceptable conditions for the operation of the Company’s technical means or affects the quality, including security, of service provision to other clients of the Company;
Terminate the provision of services during the term of this Agreement for the purpose of scheduled maintenance of communication facilities and other equipment used for their provision;
Terminate the provision of services during the term of this Agreement if the Client violates their obligations under this Agreement.
4.2. The Company undertakes to:
Provide services to Clients in the order and within the timeframe specified in this offer;
Process personal data of Visitors and Clients in accordance with the Website’s Privacy Policy.
4.3. The Client has the right to:
Receive services in the order and under the conditions specified in this Agreement;
Request the Company to refund the remuneration for poorly provided services;
Try the free 2 (two) hour access to the Service if the Company can provide it.
4.4. The Client undertakes to:
Provide remuneration to the Company in the order and within the timeframe specified in this Agreement;
Use the services according to this Agreement, the legislation of Ukraine, and not commit any of the following actions:
publish or transmit any information, the dissemination of which contradicts the legislation of Ukraine and/or international law;
publish, transmit, or view pornographic materials;
send spam emails and other types of spam;
brute-force, carding, phishing, any types of hacking;
use the Software for downloading via torrent clients;
use the Software for payment systems and online banking;
perform actions aimed at disrupting the normal functioning of elements of the Internet network (computers, other equipment, or software);
perform actions aimed at gaining unauthorized access to an Internet resource (computer, other equipment, or information resource), further use of such access, as well as destruction or modification of data on this resource.
5. SUPPORT SERVICE AND REFUNDS
5.1. The support service operates from 10:00 to 20:00 Kyiv time.
5.2. Requests from users are accepted through the Telegram account @MSOCKS_SUPPORT. The Company has 24 (twenty-four) hours to respond to the request.
5.3. If the Service is unavailable for more than 24 (twenty-four) hours in 1 (one) calendar month, the Company provides compensation for the downtime, for example: if the server was down for 48 hours, we will compensate you 48 hours.
6. INTELLECTUAL PROPERTY
6.1. The Company grants the Client a non-exclusive license to use the Software for the entire duration of the Agreement worldwide (except for the Russian Federation) from the moment the Client agrees to the Agreement.
6.2. The Client has the right to use the Software in any way that does not contradict the second part of clause 2.4 of this offer;
6.3. The cost of granting the right to use the Software is included in the remuneration.
6.4. The Client is obliged not to grant other individuals and/or legal entities the right to use the Software under a sublicense.
6.5. Third-party intellectual property:
The Company does not have any exclusive property rights to the trademarks “KYIVSTAR,” “VODAFONE,” and “LIFECELL” placed on the Website;
We do not mislead consumers by our actions or inactions;
The use of the trademarks “KYIVSTAR,” “VODAFONE,” and “LIFECELL” is legitimate according to part 4 of clause 6 of Article 16 of the Law of Ukraine “On Protection of Rights to Marks for Goods and Services.”
7. DISCLAIMER OF WARRANTIES
7.1. The Company is not responsible for:
The quality and uninterrupted operation, availability of certain segments of the Internet network maintained by third parties;
Direct or indirect damage (including lost profits) caused to the Client in connection with the use or inability to use the Services;
The availability of information posted by the Client for all segments of the Internet network due to the functioning features of the segments maintained by third parties;
Information posted by the Client, the functionality of software installed without the involvement of the Company;
The functionality and compatibility of software developed by the Client or third parties;
Third-party access to the Client’s private information, including account data, caused by the Client, as well as the consequences of such access;
Any damage incurred by the Client due to the disclosure of their account data;
The accuracy of personal data provided by the Client;
The functionality of third-party software tools;
Any arbitrary software failures or software error generation, resulting in the suspension of the Service provision or the incomplete provision of the Service;
Any arbitrary failures in power networks that power the hardware necessary for the Software’s operation and internet connectivity;
The Company is not a defendant or co-defendant if the Client’s actions caused financial, moral, or physical harm to third parties.
8. FORCE MAJEURE
8.1. The Parties are released from liability for non-performance and/or improper performance of obligations under this Agreement in the event of force majeure circumstances, such as the adoption of regulatory legal acts by state authorities that significantly impede the execution of the Agreement, earthquakes, floods, fires, typhoons, hurricanes, military actions, mass diseases (epidemics, epizootics), transportation restrictions, prohibition of trade operations with certain countries due to international sanctions, destruction of hardware and/or software used by the Company to provide services, as well as other similar circumstances beyond the control of the parties (hereinafter referred to as “Force Majeure Circumstances”).
8.2. The Party affected by force majeure circumstances must notify the other Party within five days from the occurrence of such circumstances.
8.3. In case of force majeure circumstances, the period for the Parties to fulfill their obligations under
this Agreement is postponed for the duration of the said circumstances.
9. TERM AND TERMINATION
9.1. This Agreement enters into force from the moment of the Client’s accession to it and is valid until the Client fully fulfills its obligations.
9.2. The Company has the right to unilaterally terminate the Agreement in the following cases:
The Client violates the obligations provided for by this Agreement;
The Company decides to terminate the provision of services to the Client. In this case, the Company sends the Client an electronic notification 3 (three) calendar days before the termination of services. After this period, the provision of services is terminated.
9.3. The Client has the right to terminate the Agreement unilaterally, provided that they pay the Company remuneration for the actually provided services.
10. DISPUTE RESOLUTION
10.1. All disputes arising from this Agreement or in connection with it are resolved through negotiations between the Parties.
10.2. If the disputes cannot be resolved through negotiations, they are subject to judicial consideration in accordance with the current legislation of Ukraine.
11. FINAL PROVISIONS
11.1. All issues not regulated by this Agreement are resolved in accordance with the current legislation of Ukraine.
11.2. The Parties undertake to immediately notify each other in writing of any changes in their contact details, including mailing addresses, telephone numbers, and email addresses.
Contact Information
Individual Entrepreneur Chasovenko Oleksandr Ivanovych
EDRPOU code: 3344718453
Email: support@msocks.net