PUBLIC CONTRACT

(PUBLIC OFFER CONTRACT)
supply of products/services

OLGA IVANIVNA STETSIUK, INDIVIDUAL ENTREPRENEUR (hereinafter referred to as the "Seller"), duly registered in accordance with the laws of Ukraine, guided by Articles 633, 641 of the Civil Code of Ukraine, offers legal entities and/or individuals with the appropriate civil legal capacity to enter into this transaction. 633, 641 of the Civil Code of Ukraine, offers legal entities and/or individuals who have the appropriate civil legal capacity to enter into such a transaction (hereinafter referred to as the "Buyer") to enter into a public offer agreement for the supply of products and/or services (hereinafter referred to as the "Agreement") on the terms and conditions set out below:

I. TERMS AND DEFINITIONS

Public Offer means the Seller's offer to conclude this Public Offer Agreement on the terms and conditions set out in this Agreement, addressed to an unlimited number of persons.

Acceptance means the full and unconditional consent of the Buyer to enter into this Agreement on the terms and conditions specified in this Agreement.

Online store (website) means the website https:// https://www.langmeier-software.com.ua/, where you can select, order and pay for the required Product/Services.

The seller is an individual entrepreneur STETSIUK OLGA IVANIVNA (RNOKPP 3328008306, location: 6 Mitarova lane, Lipovets, Vinnytsia district, 22500, Ukraine, 22500), who has the right to sell the Products and provide the Services specified in the Online Store and provides maintenance of the Online Store.

The product is licensed software from Langmeier Software GmbH.

The product is specialised software in the form of the aBusiness computer programme and related documentation.

The Product is manufactured by Langmeier Software GmbH.

Services are the provision by the Seller of remote services in the field of information, the list and scope of which is specified in the Online Store. Before using the Services, the Buyer is obliged to read the terms of this Agreement.

Order - the Buyer's application for the purchase of the Product/Service presented in the Online Store, executed by filling out the appropriate electronic form in the Online Store.

Personal data means information or a set of information about an individual who is identified or can be specifically identified.

Personal data subject means an individual in respect of whom personal data is processed in accordance with applicable law.

Consent of the subject of personal data is any voluntary expression of the will of an individual to grant permission to process his or her personal data in accordance with the stated purpose of their processing. Making a payment on the website is the consent of the personal data subject to their processing.

II. GENERAL PROVISIONS

2.1. This Agreement is a public agreement in accordance with Articles 633, 641 of the Civil Code of Ukraine, the terms of which are the same for all Buyers.

2.2. The Buyer accepts (confirms the intention to conclude this Agreement) by placing an Order in the online store (website) when making payment, which is an acceptance of this offer and is equivalent to the conclusion of an agreement on the terms set out below in the text.

2.3. The agreement concluded on the basis of the Buyer's acceptance of this offer is a contract of adhesion, to which the Buyer joins without any exceptions and/or reservations.

2.4. This public offer is addressed to all individuals and legal entities wishing to purchase the Product / receive the Service and have the technical capability to receive the Product and/or Service.

2.5. The Seller may make any changes to this Agreement, materials and information contained in the Online Store at any time without notice. The Seller is under no circumstances responsible for the irrelevance of the information on the website.

III. SUBJECT OF THE CONTRACT

3.1. The Seller undertakes to supply the Products and/or provide the Services on the terms and conditions stipulated herein, and the Buyer undertakes to accept the Products/Services and pay their cost on the terms and conditions stipulated herein.

IV. PRICE OF PRODUCTS AND SERVICES, PROCEDURE AND TERMS OF PAYMENT

4.1 Prices for the Products are indicated on the pages of the Online Store.

4.2 Prices for the Services are indicated on the pages of the Online Store.

4.3 Prices for the Products depend on the device, the operating system installed on it, the period for which the purchase is made, and the set of tools included in the Products. Prices for Services depend on the number of devices, type and scope of Services.

4.4. Payment for the Products/Services shall be made by the Buyer by 100% payment of the price of the Products/Services and in the manner specified in the Online Store. The currency of payment is hryvnia. In the case of a monthly subscription for the Products, the amount will be debited from the bank card specified during the subscription depending on the number of days remaining until the end of the current month. Thereafter, the monthly payment will be charged on the first day of each month. The Buyer can change the bank card number or cancel the subscription in the relevant section of the Online Store.

4.5. Payment is considered to be made at the moment of crediting funds to the Seller's account.

4.6. All commissions charged by banking institutions, credit organisations, payment systems and other third parties when making a payment are not included in the price of the Product/Service and are paid separately from the order price. The amount of commissions is set by banks and other institutions independently.

4.7. The payment shall be deemed successful and the Agreement concluded upon receipt of funds by the Seller and sending of the relevant e-mail by the Seller to the Buyer.

V. TERMS OF DELIVERY OF PRODUCTS AND SERVICES

5.1. The Products/Services shall be ordered by the Buyer on the basis of an order placed by him/her by filling in the relevant forms on the website when making payment.

5.2. In order to deliver the Products and/or receive the Services, the Buyer must ensure that his/her device is connected to the Internet. The cost of the Internet connection depends on the tariffs of the Internet service provider used by the Buyer and shall be paid by the Buyer.

5.3. Delivery of Products:

5.3.1. The Products shall be delivered within one business day after the Buyer pays the price of the Products on the website by sending the Buyer instructions for installing and configuring the software, as well as data for activating the Products in the form of an e-mail to the address specified by the Buyer when placing the order.

5.3.2. If necessary, at the Buyer's request, the data for activating the Product may be provided in a certain printed form - in the form of a Product licence certificate, printed card, etc.

5.4. Terms of Service:

5.4.1 The services under this Agreement shall be provided by the Seller remotely in the form of a telephone conversation and using an online remote access tool. All calls are paid according to the current tariffs of telecommunication operators.

5.4.2. The provision of the Services shall commence after the Buyer has made payment on the website, without the Parties having signed the Agreement in writing.

5.4.3. Services are provided only if all technical requirements are met.

5.4.4. In case the Buyer fails to meet the conditions specified in clause 5.4.3. hereof, the term of provision of the Services shall be postponed for the time necessary for the Buyer to meet the appropriate conditions, but this period shall not exceed 3 (three) months from the date of placing the order.

5.4.5. The date and time of provision of the Services, as well as other necessary conditions for the execution of the order shall be agreed upon after the Buyer has made payment.

5.4.6. After agreeing on the date and time of the Services, it is considered that the Buyer has undertaken to ensure the conditions under which the Services can be provided within the specified period, and the Seller has undertaken to provide the Services within the specified period.

5.4.7. During the provision of the Services, the Buyer shall answer the telephone call (to the number specified during the ordering process) of the Seller's technical specialist, provide all technical conditions for the remote connection (Internet connection) and follow all instructions of the Seller's specialist.

5.4.8. The transfer of the Services provided by the Seller and their acceptance by the Buyer shall be carried out at the time of completion of their provision.

5.4.9. The Buyer is obliged to check the quality and scope of the Services provided at the time of completion of their provision and:

5.4.9.1. in the absence of claims, provide confirmation in electronic form or orally during a telephone conversation with the Seller;

5.4.9.2. in the event of any justified claims, write a reasoned refusal to accept the Services provided or a claim setting out its justified and duly proven claims.

5.4.10. If the Buyer does not send a reasoned refusal to accept the Services or a claim setting out its reasonable and duly proven claims, as provided for in clause 5.4.9. of this Agreement, at the time of acceptance of the Services, such Services shall be deemed to be provided in a quality manner, in full and in a timely manner, and the Buyer shall have no claims against the Seller.

VI. RETURN OF PRODUCTS

6.1. The Products are software and differ significantly from physical goods in terms of technical and other features. Upon receipt of payment for the Product, the Buyer shall generate a unique licence key to activate the Product, which is an integral part of the delivery. From the moment the said licence key is generated in accordance with the Buyer's order, the Product shall be deemed used, which makes it impossible to return it. By making a payment, the Buyer accepts this feature of the Products and agrees to it.

VII. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The Seller undertakes to:

7.1.1. transfer (deliver) the Products / provide the Services to the Buyer after payment for such Products / provide the Services in a timely manner;

7.1.2. not to disclose any private information of the Buyer and not to provide access to this information to third parties, except as provided for by this Agreement and the legislation of Ukraine (it shall not be considered a violation of the Seller's provision of information to counterparties and third parties acting on the basis of the Agreement with the Seller, including for the fulfilment of obligations to the Buyer);

7.1.3. prevent attempts of unauthorised access to information and/or its transfer to persons not directly related to the execution of the Orders, timely detect and stop such actions;

7.1.4. perform other duties stipulated by this Agreement and/or the current legislation of Ukraine.

7.2. The seller has the right to:

7.2.1. at any time to make changes to this Agreement, materials and information (including about the Products/Services) offered in the Online Store;

7.2.2. to refuse to enter into the Public Offer Agreement in the absence of its ability to sell the relevant Product/provide the Service to the Buyer;

7.2.3. record telephone conversations with the Buyer;

7.2.4. refuse to provide the Services and terminate this Agreement without refund in case the Buyer changes the date and time of the Services more than 5 times, addresses the specialists with jokes, questions, suggestions that are not related to the provision of the Services, as well as in case of using profanity when communicating with the Seller's specialists;

7.2.5. terminate and/or refuse to provide the Services if the Buyer's electronic device (computer) does not meet the technical requirements;

7.2.6. change the procedure for providing the Services without renegotiating this Agreement by publishing changes in the Online Store;

7.2.7. other rights provided for by this Agreement and the current legislation of Ukraine.

7.3. The Buyer undertakes to:

7.3.1. prior to the conclusion of the Agreement, to get acquainted with the content and terms of the Agreement, prices for Products/Services in the Online Store;

7.3.2. provide all the data identifying him/her as a buyer and necessary for registration in the Online Store by manually entering the data in the appropriate fields of the Online Store or by providing the necessary information to the operator of the Online Store and keep them up to date;

7.3.3. pay for the ordered Product/Service on the terms and conditions specified in this Agreement;

7.3.4. not to disclose any private information of the Seller and not to provide access to this information to third parties, except as provided by the legislation of Ukraine;

7.3.5. not to resell or provide the results of services under this Agreement to third parties;

7.3.6. keep all data for activation of the Products confidential, not to use the services for commercial purposes and not to provide services to third parties with their help;

7.3.7. perform other duties stipulated by this Agreement and/or the current legislation of Ukraine.

7.4. The Buyer has the right to:

7.4.1. seek advice from the Seller regarding the properties and characteristics of the Products/Services;

7.4.2. receive information about the Services and technical requirements for the provision of the Services;

7.4.3. refuse to receive the Services/Products without a refund;

7.4.5. other rights provided for by this Agreement and the current legislation of Ukraine.

VIII. WARRANTY OBLIGATIONS

8.1. The Products are supplied in the form of software distributions provided by the Manufacturer. Incorrectnesses, failures, functional inconsistencies, defects, incompatibilities with certain devices or operating systems, etc. detected in the course of using the Product may be eliminated by providing technical support.

8.2 The Seller guarantees the quality of the Services provided.

8.3. The Seller shall not be liable for defects (defects) in the Services if:

- the defects were known or could have been known to the Buyer at the time of their acceptance;

- defects have arisen as a result of further operation of the device and/or software in violation of the requirements and instructions of the Device Manufacturer and/or software copyright holders, etc;

- defects have arisen as a result of unauthorised intervention by the Buyer or intervention by third parties or repair of devices, change of settings, other actions that have caused defects;

- defects are not related to the Services provided;

- the defects arose from other circumstances beyond the Seller's control.

8.4. The Seller does not guarantee the uninterrupted provision of the Services and does not warrant that the software or any other materials offered by it are error-free.

8.5. The Buyer shall settle all questions and/or claims regarding this Agreement and/or the terms of performance of the Agreement exclusively with the Seller.

IX. RESPONSIBILITY OF THE PARTIES

9.1. The Parties shall be liable for non-fulfilment or improper fulfilment of their obligations under this Agreement in accordance with the current legislation of Ukraine.

9.2. The Buyer, when placing an order, is responsible for the accuracy of the information provided to the Seller about himself, and also confirms that he is familiar with the terms of this Agreement and agrees to them. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer.

9.3. The Seller shall not be liable for the inability to fulfil the Buyer's order if such inability arose as a result of circumstances beyond the Seller's control, including, but not limited to, disruption of communication lines, equipment failure, etc.

9.4. The Buyer shall bear full responsibility and all risks associated with the use of unlicensed software and the Internet.

9.5. The Seller shall not be liable for any unlawful actions of the Buyer aimed at independent installation, configuration and use of unlicensed software.

9.6. The Seller shall not be responsible for the safety of files, software or any other information on the Buyer's device that may be lost (destroyed) as a result of the operation of antivirus programs, replacement of drivers, voltage drops and/or actions of the Seller, which are properly performed in the course of fulfilling the terms of this Agreement. By entering into this Agreement, the Buyer confirms that it has been informed of these risks and agrees to such terms and conditions without reservation.

9.7. The total liability of the Seller for non-fulfilment or improper fulfilment of the terms of this Agreement shall be limited to the amount of the Buyer's payment made on the basis of this Agreement.

X. FORCE MAJEURE CIRCUMSTANCES

10.1. The term of performance by the Parties of their obligations under this Agreement may be suspended only in the event of force majeure, namely: fire, natural disaster, armed conflict, significant changes in the legislation of Ukraine, which complicates or makes it impossible for a Party to fulfil its obligations under this Agreement, or other circumstances beyond the control of the Parties.

10.2. The Party affected by force majeure shall notify the other Party in writing within 5 (five) calendar days.

10.3. In the event of force majeure, the Party affected thereby shall, subject to the requirements of Clause 10.2 hereof, be released from liability under this Agreement for the period of such circumstances.

10.4. Upon termination of force majeure circumstances, the term for fulfilment of obligations shall be resumed. The Party affected by force majeure shall notify the other Party in writing of the termination of force majeure.

10.5. If the force majeure circumstances last for more than 30 (thirty) consecutive calendar days, the Parties shall have the right to terminate this Agreement. In this case, the losses caused by the termination of the Agreement shall not be reimbursed and no penalties shall be paid.

XI. DISPUTE RESOLUTION PROCEDURE

11.1. All disputes arising under or related to this Agreement shall be resolved through negotiations between the Parties.

11.2. If the dispute cannot be resolved through negotiations, it shall be resolved in a judicial procedure provided for by the current legislation of Ukraine.

XII. NOTIFICATION OF PERSONAL DATA

12.1. The Buyer, by accepting this Agreement, confirms his full voluntary unconditional consent to the inclusion of his personal data in the Seller's personal data base.

12.2. The Seller's personal data is information or a set of information about him/her by which he/she is identified or can be specifically identified, in particular, but not limited to, the surname, name, patronymic of the Seller, e-mail address, telephone number.

12.3. The Buyer allows the Seller to perform all actions that, in accordance with the Law of Ukraine "On Personal Data Protection", are the processing of personal data, in accordance with the formulated purpose of their processing, which is to ensure the fulfilment of the obligations of the Parties under this Agreement, civil law, tax relations and relations of the Parties in the field of marketing and advertising.

12.4. In order to achieve the purpose of personal data processing, the Seller grants permission to process them to the extent provided by him when concluding the Agreement with the Seller and/or submitting the order necessary to achieve the above purpose.

12.5. The Buyer confirms that prior to submitting the order, he/she has familiarised himself/herself with the rights provided for by the Law of Ukraine "On Personal Data Protection", namely: 1) to know about the sources of collection, location of their personal data, the purpose of their processing, location or place of residence (stay) of the owner or manager of personal data or to give an appropriate order to obtain this information to their authorised persons, except in cases established by law; 2) to receive information on the conditions for granting access to personal data, in particular information about third parties to whom their personal data is transferred;3) to have access to his/her personal data; 4) to receive a response on whether his/her personal data is processed no later than 30 (thirty) calendar days from the date of receipt of the request, except in cases provided for by law, and to receive the content of such personal data; 5) to submit a reasoned request to the personal data controller objecting to the processing of his/her personal data; 6) to submit a reasoned request to change or destroy his/her personal data by any personal data controller or administrator if such data is processed illegally or is unreliable; 7) to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or discrediting the honour, dignity and business reputation of an individual; 8) to file complaints about the processing of their personal data with the Commissioner or the court; 9) to apply remedies in case of violation of the legislation on personal data protection; 10) to make reservations regarding the restriction of the right to process their personal data when giving consent; 11) to withdraw consent to the processing of personal data; 12) to know the mechanism of automatic processing of personal data; 13) to be protected against an automated decision that has legal consequences for them.

12.6 The Buyer agrees to the processing, storage and transfer (dissemination) of his/her personal data to third parties, solely for the purpose provided for in this Agreement, to entities related to the implementation of this purpose and does not require notification of the transfer (dissemination) of personal data included in the personal data base, if such transfer (dissemination) is carried out solely for the purpose provided for in this Agreement.

12.7. The Buyer agrees to the storage of his/her personal data during the term of the Agreement and 3 (three) years from the date of its expiry.

XIII. PRIVACY POLICY

13.1. The Seller guarantees complete confidentiality of any data and information obtained in the course of concluding the Agreement and fulfilling obligations under it, including those that are not personal data, in particular information about the Buyer's browser type, browser IP, URL of the previous site visited by the Buyer, type of operating system, etc. that are automatically collected when visiting the Seller's website, including through such web technologies:

Cookies: the Seller's website may use cookie technology to make it easier for the Buyer to use the website and to collect statistical reporting data from the website. Cookie technology does not remember the Buyer's personal email address or any personal information about the Buyer.

IP address: the Seller's website may collect IP addresses for system administration, diagnosing server problems and compiling aggregate information (in particular, the number of visitors to the website).

13.2. Warning: The Website may contain links to other websites/software created by third parties whose privacy and information protection policies differ from this one. The Seller is not responsible or liable for the information or privacy policies applied by such third parties. The Seller recommends that the Buyer read the privacy statements of all third-party sites/applications before using such sites/applications or providing their personal data or any other information to or through such sites/applications.

13.3 By accepting this Agreement, the Buyer confirms its full voluntary unconditional agreement with the Seller's Privacy Policy. In case the Buyer disagrees with the terms of this Policy, further use and visits to the Seller's website shall be immediately terminated.

XIV. TERM OF THE AGREEMENT, PROCEDURE FOR ITS AMENDMENT AND TERMINATION

14.1. This Agreement is concluded (accepted) by the Buyer paying the price of the selected Product(s)/Service(s) and is valid for the period determined by the volume of the selected Product(s)/Service(s). The date of conclusion of the Agreement shall be the date of payment by the Buyer of the price of the selected Product(s)/Service(s). The term of the Agreement shall be calculated from this date.

14.2 This Agreement is a mixed one and contains elements of adhesion agreements, public contracts, and service agreements.

14.3. The Buyer confirms that prior to entering into this Agreement, he/she has read its terms and conditions, understands them, and has consciously entered into this Agreement without being forced to do so.

14.4. This Agreement is concluded on the territory of Ukraine and shall be governed by the current legislation of Ukraine.

14.5. The Online Shop contains materials, trademarks, trade names and other materials protected by law. The Buyer or any other third parties are not entitled to use the materials posted in the Online Store (including making changes, copying, publishing, transferring to third parties, etc.) The use of materials on the site without the consent of the copyright holders is not allowed. In case of quoting the materials of the site, including works of authorship, a link to the website of the online store is required.

14.6. By making payment for the ordered Products/Services on the website of the Online Store, the Buyer accepts this Agreement, confirms that before entering into this Agreement he has read its terms, understands them, agrees with them and has consciously entered into this Agreement without coercion.

14.7. The offer (offer to conclude this Agreement) is unlimited in time, subject to the conditions set out in this offer, until the Seller terminates it or replaces this offer with a new version.

14.8. The Buyer may not propose its own terms and conditions, but may only accept the offer.

14.9. In everything not specified in this Agreement, the Parties shall be governed by the current legislation of Ukraine.

14.10. Early withdrawal (termination) of this Agreement is possible in cases, under conditions and in the manner prescribed by this Agreement and the current legislation of Ukraine. The Agreement may be unilaterally terminated only by the Seller.

SELLER'S DETAILS
FOP STETSIUK OLHA IVANOVNA
Location: 22500, Vinnytsia region,Lipovets, 6 Mitarova lane, building 6
RNOKPP: 3328008306
IBAN: UA163052990000026001005043785
Recipient's account:
UA163052990000026001005043785
in JSC CB "PrivatBank"
Bank MFO: 305299

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