Public Offer Agreement for the Provision of Services
GENERAL PROVISIONS AND PROCEDURE FOR CONCLUDING THE AGREEMENT
1.1. This agreement constitutes an open offer (hereinafter – the Offer) by the Contractor (https://naukainfo.com/) addressed to an indefinite number of persons regardless of their status (individual, legal entity, individual entrepreneur) for the conclusion of an Agreement on the provision of services (hereinafter – the Agreement) on the terms set forth therein.
1.2. Acceptance of the terms of the Agreement means the full and unconditional acceptance by the person performing it (hereinafter – the User) of all the terms of the Agreement, without any exceptions and/or limitations, and is equivalent to the conclusion of a bilateral written Agreement on the terms set out in this Offer.
1.3. The Agreement is concluded between the parties in the form of an adhesion contract.
1.4. The parties to the Agreement are the Contractor and the User. 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 the Agreement in accordance with its terms.
1.5. The Contractor has the right to provide services, the list and description of which are contained on the web pages located on the domain naukainfo.com and its subdomains (hereinafter – the Site), independently or involve third parties (hereinafter – Other performers) for their full or partial provision.
1.6. The User accepts the Agreement after familiarizing themselves with its terms, as set out in this Offer, by collectively or separately performing any of the following actions:
1.6.1. filling out the registration form for participation and/or publication by the User, posted on the Site;
1.6.2. making payment by the User for services from the list of services on the Site and according to the tariffs specified on the Site.
1.7. The Agreement is considered concluded and enters into force from the moment of acceptance and is valid throughout the entire period of receiving services or until termination on the grounds defined by the terms of the Agreement and/or the norms of the current legislation of Ukraine.
1.8. By agreeing to the terms of this Offer, the User confirms that they have read and fully agree with the terms of the Privacy Policy and the Cancellation and Refund Policy, which are an integral part thereof.
SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the provision by the Contractor of services in the field of publishing the results of scientific research and other related services to the User, according to the list of services chosen by them from those offered on the Site, under the specified conditions. Under this agreement, the User undertakes to pay for the services, and the Contractor undertakes to provide them in the manner and under the conditions defined by this Agreement and the legislation of Ukraine.
2.2. The list of services, their characteristics, conditions, details, and terms of provision to the User are specified in the informational materials posted on the Site, as well as in promotional materials created and distributed by the Contractor.
COST OF SERVICES AND PAYMENT PROCEDURE
3.1. To order the Contractor's services, the User must fill out the registration form for participation and/or publication, located on the Site, or send an email with a description of the service the User wishes to order to the email address journal@naukainfo.com.
3.2. The received order is processed by the Contractor within the established period specified in the informational materials of the service, after which, if the User has fulfilled all the conditions specified on the Site for receiving the service, a confirmation of the order is sent to the contact email address specified by the User.
3.3. Payment for services in full, according to the tariffs established by the Contractor and indicated on the Site, is made by the User only after receiving confirmation of the order from the Contractor.
3.4. Changes in tariffs do not affect the cost of services already paid for by the User.
3.5. The Contractor has the right to provide services on special terms during promotions, information about which is posted on the Site.
3.6. The parties may agree to apply individual prices for services. Agreement on the application of individual prices or changes in prices for services is formalized by a price agreement protocol in electronic form by sending the User a corresponding message by the Contractor. The agreement becomes effective from the moment such message is sent.
3.7. Payment for services, as well as other financial obligations of the User to the Contractor that may arise in accordance with the requirements of this agreement, are made in non-cash form by transferring funds to the official payment details of the Contractor using the tools of the Site and/or payment systems installed on the site, directly through the bank or in another way by prior agreement with the Contractor.
3.8. Payment for services is made in the national currency. An additional commission may be charged by the card issuer or payment service. When paying for services using the tools of the Site and the payment systems installed on the site, the User must review the final amount that will be debited from their payment card and confirm the payment only if they agree with this amount.
3.9. The moment of payment for services is considered the time when funds are credited to the Contractor's account.
3.10. The parties may agree on the performance of additional work or the provision of additional services during the term of the Agreement. Agreement on the performance of additional work or the provision of additional services is formalized by a protocol of agreement on additional work/services in electronic form by sending the Contractor a corresponding request by the User. The agreement becomes effective after confirmation of such a request by the Contractor and from the moment of payment for the additional services by the User.
3.11. The Contractor may use the services of Other performers for the purpose of carrying out its activities, providing some components of its services and/or offering its services, etc. (for example, postal services, e-mail or sms mailing services, etc.). The Contractor independently and at its own expense pays for the services of Other performers, which are components of the service that the Contractor provides to the User.
3.12. The Contractor is not responsible for the content, reliability, originality, and legality of the materials provided by the User for creating publications.
3.13. In case of violation of copyright, related rights, or rights of third parties that arose as a result of using the materials provided by the User, all responsibility lies with the User.
3.14. The User guarantees that the provided materials do not contain prohibited content and do not violate the current legislation of Ukraine and international law.
3.15. In the event of claims or lawsuits being presented to the Contractor by third parties regarding the violation of their rights through the use of the User's materials, the User undertakes to settle such disputes independently and compensate the Contractor for all expenses and losses caused by such claims.
DELIVERY TERMS
4.1. If the services ordered by the User involve receiving a printed publication and/or other defined printed materials (hereinafter – Printed Materials), their delivery is carried out by carrier companies ("Nova Poshta" or "UkrPoshta") on their terms, according to their deadlines and tariffs.
4.2. The Site owner guarantees the shipment of Printed Materials in the quantity specified and paid for by the User, in proper condition and quality, to the address specified by the User when filling out the registration form for participation and/or publication or sent by the User to the Contractor's email address (journal@naukainfo.com).
4.3. All Printed Materials are sent with the possibility of tracking the movement, and the Contractor informs the User of the information necessary to track the movement of the postal item by sending an email to the address specified by the User when placing the order. If the User does not receive the information necessary to track the movement of the postal item, they are obliged to contact the Contractor to obtain such information no later than 5 (five) calendar days after the planned date of shipment of the Printed Materials specified in the informational materials.
4.4. Printed Materials are sent with the possibility of inspection upon delivery. The fact of receipt of the Printed Materials by the User confirms the absence of claims regarding their quality on the part of the User.
4.5. In case of refusal by the User to receive the Printed Materials without valid reasons or if the User does not appear to receive the Printed Materials, they are stored in the warehouse of the carrier company according to the established storage periods for shipments, after which they are disposed of. Payment for such Printed Materials is not refunded to the User. Re-shipment in such cases is not carried out.
RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
5.1. The Contractor is obliged:
5.1.1. to comply with the terms of the Offer and ensure timely and high-quality service and provision of the service in accordance with the terms of the Agreement;
5.1.2. to provide the User with the Agreement for review before the start of the provision of services by publishing it on the Site;
5.1.3. to inform the latter about the progress of work/provision of services at the request of the User;
5.1.4. in case of impossibility to provide the services within the stipulated period, immediately notify the User about this by publishing relevant information on the Site, or by sending such information to the email address specified in the participation form;
5.1.5. to inform the User of the information necessary to track the movement of their postal item;
5.1.6. to provide consultation regarding all services offered on the Site.
5.2. The Contractor has the right:
5.2.1. upon receipt of the electronic manuscript from the User, to inform them in writing about circumstances independent of the Contractor that threaten the quality or suitability of the work performed, or make it impossible to fulfill its obligations under the Agreement;
5.2.2. to receive from the User information necessary for the provision of services under the Agreement;
5.2.3. to receive payment for the services provided to the User in a timely manner and in full;
5.2.4. to unilaterally suspend the provision of services under this Agreement in case of violation by the User of the terms of this Agreement.
RIGHTS AND OBLIGATIONS OF THE USER
6.1. The User is obliged:
6.1.1. to pay for the services ordered by them in a timely manner and in full;
6.1.2. to provide the Contractor with information necessary for the provision of services;
6.1.3. to be responsible for the quality and content of the provided manuscript and other information necessary for the provision of services by the Contractor;
6.1.4. to guarantee full compliance with the property rights of the authors and/or other persons who have copyright, when ordering publication services under this Agreement;
6.1.5. to assume all property and non-property responsibility to the authors and copyright owners in case of violation of the property and non-property rights of the authors and/or other persons who have copyright on the text published by the Contractor within the framework of providing services under this Agreement.
6.2. The User has the right:
6.2.1. to demand from the Contractor the provision of services in accordance with the terms of this Agreement and taking into account the characteristics, details, and terms of their provision, specified in the informational materials posted on the Site, as well as in promotional materials created and distributed by the Contractor;
6.2.2. to contact the Contractor upon detection of any defects in the provided service, guided by the Cancellation and Refund Policy;
6.2.3. to replace the manuscript or make corrections to it, edit the provided information regarding the contact email address, as well as change the delivery address of the Printed Materials no later than 5 (five) calendar days before the day of service provision by sending a corresponding request to the Contractor's email address and receiving electronic confirmation from the Contractor.
RETURN AND REIMBURSEMENT OF COST
7.1. Return and reimbursement are carried out on the terms of the Cancellation and Refund Policy.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
8.1. In case of violation of their obligations under this Agreement, the Parties bear responsibility defined by this Agreement and the current legislation of Ukraine. A violation of an obligation is its non-performance or improper performance, i.e., performance in violation of the conditions defined by the content of the obligation.
8.2. The Contractor is responsible for the quality of the services provided. If, due to the fault of the Contractor, the quality of the services provided does not comply with the terms of the Agreement and/or the characteristics specified in the informational materials posted on the Site, the Contractor is obliged, at the request of the User, to eliminate the defects on its own or to partially or fully refund the amount paid by the User, guided hereby by the Cancellation and Refund Policy.
8.3. The Contractor is not responsible for non-performance, delay in performance, or other improper performance of its obligations and defects in the work performed or services provided if they arose due to the fault of the User themselves.
8.4. All disputes arising from this Agreement or related to it shall be resolved through negotiations between the Parties.
8.5. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court according to the established jurisdiction and competence of such a dispute in accordance with the current legislation of Ukraine.
8.6. The Contractor is not responsible for any losses, expenses, or other negative consequences that arose as a result of the User's violation of the terms of this Offer or the provision of inaccurate or incomplete information.
FORCE MAJEURE CIRCUMSTANCES
9.1. The Parties shall not be liable for non-performance or improper performance of any provisions of the Agreement if the non-performance or improper performance is a consequence of force majeure circumstances (circumstances of force majeure). The existence and duration of force majeure circumstances are confirmed by the relevant authorities in the manner established by the legislation of Ukraine.
9.2. In the event of force majeure circumstances that make it impossible to fully or partially fulfill obligations under this Agreement by each of the Parties, the performance of the terms of the Agreement is postponed for the period during which these circumstances will be in effect.
9.3. If these circumstances continue for more than 6 months, then each of the Parties has the right to refuse further performance of obligations under this Agreement.
TERM OF VALIDITY AND PROCEDURE FOR AMENDING THE OFFER TERMS
10.1. The Offer becomes effective from the moment of its publication on the Site.
10.2. The Contractor reserves the right to make changes to the terms of the Offer and/or withdraw the Offer at any time at its own discretion. If the Contractor makes changes to the Offer, such changes take effect from the moment the modified text of the Offer is posted on the Site, unless another effective date for the changes is specified additionally upon such posting.
10.3. The Site User must familiarize themselves with the terms of the Offer. The Contractor is not responsible for damage or losses suffered by the User or third parties as a result of incomplete familiarization, erroneous understanding, or misunderstanding of the terms of this Offer.
TERM OF THE AGREEMENT AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
11.1. The Agreement enters into force from the moment of acceptance of the Offer by the User and is valid until the complete fulfillment of obligations under this Agreement.
11.2. The Agreement may be terminated prematurely at any time by mutual agreement of the Parties.
11.3. The User has the right to terminate the Agreement unilaterally if the Contractor has not started to fulfill its obligations on time or performs the work so slowly that it becomes impossible to complete it within the specified period.
11.4. The User has the right to terminate the Agreement unilaterally for any other reasons by sending a corresponding email to the address journal@naukainfo.com.
11.5. The Contractor has the right to terminate the Agreement unilaterally in case of violation by the User of its obligations, which will make it impossible to provide services according to the terms of this Agreement.
OTHER TERMS
12.1. All legal relations arising from this Agreement or related to it, including those related to the validity, performance, modification, and termination of this Agreement, the interpretation of its terms, the determination of the consequences of invalidity or violation of the Agreement, are regulated by this Agreement and the relevant norms of the current legislation of Ukraine, as well as the customs of business turnover applicable to such legal relations on the basis of the principles of good faith, reasonableness, and fairness.
12.2. This Agreement is drawn up with the full understanding of its terms and terminology by the Parties in the Ukrainian language.
CONTACT ADDRESS FOR USERS IN CASE OF QUESTIONS
In case of questions, wishes, complaints, etc., please send an appeal to the address:
journal@naukainfo.comWorking hours:
Mon-Fri: from 11:00 to 16:00;
Sat-Sun: days off.