This document, the terms of which are stated below, is referred as Public Offer Agreement. According to Articles 633, 641 of the Civil Code of Ukraine, the terms of the Public Offer Agreement are the same for all users (Customers). Under Article 642 Section 2 of the Civil Code of Ukraine, registration on www.turbohiring.co website acknowledges the acceptance of this offer and is equivalent to signing an agreement on terms and conditions set forth below.
This is a public offer to any individual or legal entity willing to use the services and having required technical ability to receive them.
Individual Entrepreneur Bublienko Oleksandr Petrovych, acting on the basis of Certificate of State Registration as Individual Entrepreneur, serial number В02 №958954, dated 07.10.2008 (hereinafter the Contractor), on the one hand, in accordance with the applicable law of Ukraine offers (Public Offer) to any individual and/or legal entity (hereinafter the Customer), on the other hand, referred to jointly as Parties and separately as Party, to conclude Public Offer Agreement for the Provision of Services (hereinafter the Agreement) on the following terms:
1. TERMS AND DEFINITIONS
1.1. Public Offer – Contractor's offer to any individual or legal entity to conclude Public Offer Agreement for the provision of access services to turbohiring.co web service in order to search for Information Technology specialists, on the terms and conditions set forth herein.
1.2. Acceptance – absolute and unqualified consent of the Customer to conclude the Agreement on the terms and conditions set forth herein.
1.3. Contractor - Individual Entrepreneur Bublienko Oleksandr Petrovych, acting on the basis of Certificate of State Registration as Individual Entrepreneur, serial number В02 №958954, dated 07.10.2008, the owner of turbohiring.co web service who delivers services specified in this Agreement.
1.4. Customer – any individual and/or legal entity (service user) registered accordingly on turbohiring.co web service that receives services provided by the Contractor according to the terms and conditions of this Agreement.
1.6. Specialist – any individual that possesses relevant Information Technology skills and knowledge, whose data was obtained by the Contractor from open access Internet resources and was further posted on turbohiring.co web server.
1.7. Specialists Database – a structured list of individuals that possess relevant Information Technology skills and knowledge which is posted on turbohiring.co web server.
1.8. Service – free-of-charge or fee-based access to turbohiring.co web service provided by the Contractor to the Customer upon completion of the registration procedure as set out in the Agreement.
1.9. Fee-based Service – a service provided to the Customer by the Contractor on a paid basis, in monetary form, according to the pricing plan chosen by the Customer.
1.10. Free-of-charge Service – a restricted access to the web server provided to the Customer by the Contractor, with limited number of search results. A number of search results within the range of restricted access is determined at the Contractor's discretion and is subject to change without prior agreement with the Customer.
1.11. Trial Period – 14 days period after Customer's registration on Contractor's website during which the Costumer is granted free of charge and full access to the web service.
1.12. Cost of Services (Pricing) – payment amount set by the Contractor according to the Pricing Plan provided to the Customer for having access to turbohiring.co web service.
1.13. Pricing Plan – Contractor approved pricing system (in monetary form) and rules for its implementation, used to determine payment amount for the services provided by the Contractor.
1.14. Personal Data – any information which relates to identified or identifiable person.
1.15. Data Subject – individual whose personal data are processed according to the applicable law.
1.16. The Consent of the Data Subject – any freely given indication of person's will by which the data subject agrees for personal data relating to him/her being processed for specified purposes. Having registered on turbohiring.co web service, the data subject agrees that his/her personal data may be processed.
1.17. Account – Customer's personal information provided by the Customer.
1.18. Website plugin for web browser – software component used in web browser to extend the features of the web service.
2. GENERAL PROVISIONS
2.1. Under the terms and conditions of this Agreement, The Contractor shall provide Customer's access to turbohiring.co web service, and the Customer shall accept turbohiring.co access services having registered on the website and created account.
2.2. To register on Contractor's website the Customer should select "Registration" section and enter his/her email there, an auto generated password and activation link will be emailed to the Customer afterwards. By clicking on and following the activation link the Customer shall gain access to the website.
2.3. At the Customer's option, the turbohiring.co access services can be provided on a paid or free-of-charge basis.
2.4. The validity term of the Agreement is unlimited. Either Party may terminate this Agreement in the manner stipulated herein.
2.5. All amendments and supplements to this Agreement shall be published on Contractor's website.
2.6. The terms and conditions of this Agreement are binding for both the Customer and the Contractor. Before using the Services, the Customer shall review the terms and conditions of this Agreement. If the Customer disagrees to the terms and conditions stated herein, he/she shall not use the services.
2.7. If the Customer disagrees to the Contractor's amendments to the Agreement or does not accept new pricing, he/she shall stop using the web service.
2.8. Customer – a data subject that having registered on the web service agrees for his/her personal data being processed by Contractor's database and gives consent to receive regular emails from web service.
3. SERVICES PROVISION
3.1. Provision of the services shall enter into force once the Customer has registered on the website and accepted the terms and conditions of the Agreement without signing a written agreement by the Parties. The present Agreement has legal force and effect under Article 633 of the Civil Code of Ukraine and is the equivalent of a signed Agreement. Consequently, by registering on the website the Customer acknowledges that he/she has reviewed the Agreement and agrees to its Terms and Conditions.
3.2. Under the Agreement, the services can be provided on a paid and free-of-charge basis depending on Сustomer's preferences.
3.3. Newly registered Customer shall get 14 days trial period with free-of-charge access to the web server. Provision of trial period shall not be subject to limit Customer's right for receiving fee-based website services.
3.4. For the Customers that have been using Contractor's Services before publication of this Agreement, further use of the Services shall be considered as their confirmation of absolute and unqualified acceptance (consent) of the Agreement's terms and conditions. For the Customers that have been using fee-based Contractor's services, payment for the next period of services provision shall be considered as their confirmation of the terms and conditions acceptance.
3.5. Maintenance breaks shall be allowed during services provision. Maintenance breaks are to be performed at the least busy time. Not less than one day before website maintenance, notification about maintenance break shall be posted (published) on turbohiring.co web server.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes to:
4.1.1. Provide services to the Customers according to the pricing plan being paid; in case of free-of-charge services, to provide the amount of services specified by the Customer at his own discretion.
4.1.2. Notify the Customer about upcoming maintenance of the www.turbohiring.co website.
4.2. The Contractor has the right to:
4.2.1. Downgrade the fee-based Customer to using free-of-charge services in case the Customer does not renew payment for the services for the next period.
4.2.2. Terminate provision of fee-based services once the service provision period has expired.
4.2.3. Change services provision procedure and prices without renewal of the Agreement by publishing all the amendments on www.turbohiring.co website 15 days before their implementation.
4.2.4. Disclose any data when required by government authorities under applicable laws of Ukraine, and also when required to ensure proper operation of turbohiring.co web service or to protect the Contractor and the Customer/-s unless it contradicts the relevant Constitutional citizens' rights and the applicable laws of Ukraine.
4.3. The Customer undertakes to:
4.3.1. Make timely payments for the fee-based services provided by the Contractor in an amount, manner and terms stipulated by this Agreement.
4.3.2. Comply with the terms and conditions of the Agreement.
4.3.3. Not to resell and not to disclose the results of search under this Agreement to third parties.
4.3.4. Review the Agreement and the terms of selected service provision, and to observe and comply with their requirements.
4.3.5. Keep all network credentials (login, password) secret.
4.3.6. At least once a month to visit www.turbohiring.co website to review the Contractor's publications on new or changed services and pricing.
4.4. The Customer has the right to:
4.4.1. Receive information on services and pricing.
4.4.2. Refuse to receive emails from turbohiring.co web service.
4.4.3. Not to install the website plugin for web browser or to delete it any time.
5. RESPONSIBILITIES OF THE PARTIES
5.1. For non-performance or improper performance of the obligations under the Agreement, the Parties shall be liable in accordance with the present Agreement and the applicable laws of Ukraine.
5.2. The Contractor shall not be liable for the actions of third parties (Information Technology specialists) chosen by the Customer from turbohiring.co database and whose services the Customer has further used.
5.3. The Contractor shall not be responsible for personal data of third parties (Information Technology specialists) posted on turbohiring.co service not by the Contractor.
5.4. The Contractor shall not be liable for the actions of the Customer in relation to third parties (Information Technology specialists) or third parties in relation to the Customer and possible losses resulting from it.
5.5. The Contractor's responsibilities shall not cover the conclusion of employment agreement or any other type of civil agreements with Information Technology specialists on behalf of the Customer.
5.6. Contractor's turbohiring.co web service does not store Customer's bank information; therefore, the Contractor shall not be responsible for its dissemination.
5.7. Having installed the website plugin for web browser, the Customer recognizes and accepts that plugin will automatically send information (i.e., first name, surname, pictures, work experience, contact details, location etc.) of IT specialist seen by the Customer on external web site to turbohiring.co web service and this information is to be available for all users of the web service.
6. COST AND PAYMENT PROCEDURE AND TERMS
6.1. The Customer shall pay for provided services according to the prices specified by the Contractor in Annex 1 of this Agreement. The Contractor has the right to change the prices in the event of market conditions change or other essential circumstances. The Customer, at his/her own discretion, shall choose the applicable pricing based on which payment for the services will be made.
6.2. Payment for the services shall be made on a prepaid basis. If the payment is not made within the specified time frame, the Contractor shall discontinue providing the services, and thus the Customer shall be automatically downgraded to using the free -of-charge services. Within 24 hours after affecting payment, the Customer will be automatically upgraded to using fee-based services according to the pricing plan being paid.
6.3. Changes in pricing shall be carried out from the next month after receiving the payment.
6.4. The Customer shall make payment the Contractor's bank account on turbohiring.co website in "Account" section via any secure payment service.
7. FORCE MAJEURE
7.1 The Parties shall not be responsible for partial or complete failure to fulfill the obligations hereunder if such failure has arisen out of force majeure circumstances. Events of Force Majeure shall include fire, earthquake, natural disaster, or other Acts of God, third party actions, power supply failure, failure of communications lines used for providing the services, adopted local government acts and other circumstances beyond reasonable control of the Parties that prevent the Party from fulfilling its obligations under this Agreement in timely and proper manner.
7.2. Upon occurrence of Force Majeure circumstances, the affected Party shall notify the other Party not later than 5 days from the time of beginning of such circumstances or from the time of the affected Party becomes able to notify the other Party of such circumstances. After cessation of Force Majeure circumstances, the affected Party shall notify the other Party not later than 5 days from the time of cessation of such circumstances or from the time of the affected Party becomes able to notify the other Party of such circumstances.
8. DISPUTE RESOLUTION
8.1. Any disputes arising out of or in connection with the present Agreement shall be settled by negotiation between the Parties.
8.2. Unable to settle the dispute by negotiation, the matter in dispute shall be referred to the relevant jurisdiction of the court in accordance with the applicable law of Ukraine.
9. TERM, AMENDMENT AND BREACH OF AGREEMENT
9.1. This Agreement shall enter in force upon the Customer's registration on the Contractor's website; the Agreement is considered concluded for an indefinite period of time and valid until its termination by one Party or both Parties.
9.2. The Contractor has the right to unilaterally terminate the Agreement.
9.3. In order to refuse receiving the fee-based services, the Customer shall not pay for the next period of services provision, thus the Customer will be automatically switched to using the free-of-charge services.
9.4. In case of complete refusal to use Contractor's services, the Customer shall delete the account from turbohiring.co service by sending a relevant request to the following email: firstname.lastname@example.org. After this website administrators will delete all data associated with Customer's account.
9.5. Payments made to the Contractor's bank account before termination of the Agreement are not refundable.