PUBLIC CONTRACT

for Provision of Services

Information provided below constitutes an open proposal – a public offer and a public contract that establishes terms of interaction between the Contractor and Customers. In accordance with Articles 633 and 641 of the Civil Code of Ukraine, conditions of such a contract shall be identical for all Customers, and unconditional acceptance of these conditions shall be deemed acceptance of this offer. According to Article 642, Part 2 of the Civil Code of Ukraine, registration on the website fematch.com shall be deemed acceptance of this offer, equivalent to entering into a contract on the terms set out in this document – a public contract for provision of services (hereinafter referred to as the "Contract").

This Contract is addressed to all individuals who wish to use services of the Contractor and have the technical capability to receive such services. The Contract shall come into effect from the moment of posting on the Website.

By entering into the Contract (i.e., accepting the terms of the offer) by ordering of the Contractor’s services, the Customer shall confirm that they are:

  • Have read the entire text of the Contract and agree to the terms of this proposal (offer);
  • Grant consent to collection, processing, and transfer of personal data under the conditions specified below regarding collection, processing, and transfer of personal data. Consent to processing of personal data shall be valid for the entire term of the Contract, as well as for an unlimited period after its expiration. In addition, by entering into the Contract, the Customer hereby confirms that they have been informed (without additional notice) about the rights defined by the Law of Ukraine "Protection of Personal Data," purposes of data collection, and that their personal data are transferred to the Contractor for the purpose of fulfilling the conditions of this Contract, for settlement of accounts, as well as for receiving invoices, reports and other documents. The Customer also agrees that the Contractor has the right to provide access to and transfer their personal data to third parties without any additional notice to the Customer, without changing the purpose of personal data processing, if it is necessary for the purposes of this Contract. The scope of the Customer's rights as a personal data subject under the Law of Ukraine "Protection of Personal Data" is known and understood by them.


In connection with the above, we kindly ask you to thoroughly read the text of this Offer, and if you do not agree with any of its paragraphs, the Contractor suggests that you refrain from ordering services or taking any conclusive actions that may be considered acceptance of this Offer.


1. DEFINITIONS USED IN THE CONTRACT

Auto-renewal of subscription – A service for automatic renewal of subscription using the selected payment system.

Acceptance – granting full, unconditional, and unequivocal consent by the Customer to conclusion of this Contract in its entirety, without signing a written copy of the Contract by the Parties.

Website – An informational resource on the Internet located at fematch.com, containing textual, photographic, and other information perceived as a whole, providing access to the informational resource for an unlimited number of individuals for the purpose of obtaining services for their own needs, namely, searching and selecting a personal stylist and further cooperation with them.

Contractor – The owner and administrator of the Website, managing the Website, posting information on it and granting all interested parties access to it in accordance with the terms of this Contract. The owner and administrator of the Website is Individual Entrepreneur LIODA Maryna Ihorivna, acting based on the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations (registration number: 2 119 000 0000 041091, registration date: March 13, 2020), taxpayer identification number: 3502212487.

Customer – An individual who wishes to use the services of the Contractor and has the technical capability to receive such services. This includes a personal stylist – an expert in the field of fashion and style, who has undergone verification and registration procedure on the Website according to the terms of this Contract, whose account is placed on the Website and who offers services for development of the Client’s personal style, including but not limited to creation of a functional and stylish wardrobe.

Content – Any materials placed in the Customer's Account, including but not limited to text information, graphic/photo/audio/video materials.

User and/or Client – a legally capable individual (including, but not limited to, citizen of Ukraine, foreigner, stateless person, individual entrepreneur), who wishes to use the services of a Personal Stylist.

Account – The Customer's page – personal account placed on the Website, to access which the Customer shall be identified by personal access credentials (login and password), and where the Customer independently publishes (and edits, deletes, and adds) Content, including, but not limited to information about themselves, types and description of services they provide, as well as feedback from Clients.

Offer – The Contractor’s proposal placed on the Website, addressed to an unlimited number of individuals, regarding joining the Public Contract for provision of services.

Personal Data – Data or a set of data about an identified or identifiable natural person.

Subscription – Access to the Account placed on the Website provided to the Customer for a certain fee and for a certain period of time (month, quarter, year) according to the conditions of the selected Tariff.

Services – granting access to the Website through the Internet by the Contractor, as well as creating the Customer's Account for the purpose of promoting and popularizing the Customer's activities and finding prospective Clients.

Public Contract – A contract in which one party – an entrepreneur – undertakes to provide services to anyone requesting them.

Registration – The process of filling out the registration form on the Website by the Customer. After approval by the Contractor, access to the Account (public profile of the Customer) is granted.

Tariffs - service price – Payment, the amount of which is determined by the Contractor for providing a specific scope of services to the Customer.

For the purposes of this Contract, all definitions specified in it shall be used exclusively in the meaning defined in this Contract, regardless of the use of these definitions in singular or plural, or in other grammatical forms, cases, and/or constructions.

All other definitions not specifically mentioned in this Contract shall be construed and interpreted in their literal grammatical sense, based on the provisions of the current laws of Ukraine and customary business practices.


2. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS

In accordance with the terms and conditions stipulated in this Contract, the Contractor shall grant the Customer access to the Website through the Internet and ensure creation of the Customer's Account. The Customer, in turn, shall accept and pay for the provided services in accordance with the selected Tariff.

The services shall be provided on a paid basis by granting the Customer access to the Account and all its functions.

The term of the conditions of this Contract shall be unlimited. Either party shall have the right to terminate it in accordance with the provisions of this Contract.

All the terms of this Contract shall be binding on both the Customer and the Contractor. Before commencing the use of the Service, the Customer shall read the terms of this Contract. If the Customer disagrees with the terms of the Contract, they shall not have the right to use the services of the Contractor.

All changes and amendments to this Contract shall be published on the Website.

In case of the Customer's disagreement with the changes made by the Contractor to this Contract or with new Tariffs for the Services, the Customer shall cease using the services of the Contractor.


3. PROCEDURE FOR ENTERING INTO THE CONTRACT

The Contract shall be deemed concluded without further signing from the moment of the Customer's registration on the Contractor's Website and/or making a payment to the Contractor's current account, indicating the consent to comply with the terms of the Contract, without the signing of a written copy by the Parties.

Actions specified in clause 3.1 of the Contract and taken by the Customer shall confirm their full and unconditional acceptance of the Offer.

The Contract concluded by the Customer through acceptance of the Offer shall be effective in accordance with Article 642 of the Civil Code of Ukraine and shall be equivalent to a written agreement.


4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 The Contractor shall:

  1. Provide quality services to the Customer as defined by this Contract in a timely, full, and competent manner.
  2. Before providing access to the website and creating a Customer's Account, perform a verification of the Customers for appropriate qualifications and accuracy of personal information. If the Contractor identifies inaccurate information provided by the Customer or information that may mislead Users, the Contractor shall have the right to refuse or suspend registration and/or suspend access to the Website services and demand additional documents for verification. Final decision on whether the Customer's Account violates any acceptable terms of website usage shall remain at the discretion of the Contractor. The Customer hereby agrees that breach of this Contract by the Customer or any individual acting under the Customer's Account, will result in suspension of the Customer's access to the website and deletion of the Customer's Account, in addition to any other means of legal protection, including criminal liability.
  3. Grant access to the Website via the Internet and ensure creation of a verified Customer's Account.
  4. Not use Personal Data of Customers obtained during Registration for purposes not specified in this Contract, and not disclose such information, except when disclosure of such information is the duty of the Contractor under the laws of Ukrain.
  5. Provide the Customer with the opportunity to receive consultations through available means of communication. The scope of consultations shall be limited to specific questions related to the operation of the Website in general and the Customer's Account in particular.
  6. In case of inability to fulfil obligations under this Contract, promptly notify the Customer and take appropriate actions to eliminate obstacles to performance of obligations under this Contract.
  7. Inform the Customer about the Services and conditions for provision thereof on the Website, as well as publish all information related to changes in location, time, duration, structure, content of the Services, and other conditions of provision thereof, including changes in banking details. The Contractor shall inform the Customer about changes in the cost of the Contractor’s services 5 (five) calendar days before the effective date of new Tariffs at the latest.


4.2 The Contractor shall have the right:

  1. To receive payment from the Customer for its Services in accordance with the terms of the Contract.
  2. Not to provide Services or cease provision thereof to the Customer in case of the Customer's violation of requirements stipulated in this Contract (including payment terms for Services), as well as in other cases established by the laws of Ukraine.
  3. To modify and amend this Contract without prior agreement and without re-executing this Contract with the Customer, ensuring publication of amendments and revisions on the Website.
  4. To place information on the Website about promotional events and marketing campaigns conducted or to be conducted by the Contractor, as well as, in accordance with the terms of this Contract and the Privacy Policy, to send emails to email addresses of the Customers with information about news, promotional events, marketing campaigns, and other commercial offers of the Contractor.
  5. The Contractor shall have the right to suspend, restrict, or terminate access of the Customers, who have violated the terms of the Contract, to the Website in general and the Customer's Account in particular, unilaterally at any time, without being liable for any damage that may be caused to the Customer by such actions.
  6. Other rights in accordance with the current laws of Ukraine and the terms of this Contract.


4.3 The Customer shall:

  1. Make payments to the Contractor for the Services in accordance with the terms of the Contract on a timely and full basis.
  2. Use the Services in accordance with the terms of the Contract and rules published on the website.
  3. Monitor changes and/or updates to the information published on the Website. Continuing to use the Contractor's Services after changes in the terms of service shall be deemed the Customer's consent to the introduced amendments and revisions, unless otherwise explicitly stated in the amendments. The Customer shall bear all risks associated with adverse consequences resulting from non-compliance with the requirements of this clause.
  4. Use the Website only for legal purposes and, when using it, adhere to the current laws of Ukraine, including the Laws of Ukraine "Personal Data Protection" and "Ensuring the Functioning of the Ukrainian Language as a National Language," and not violate the rights and legitimate interests of the Contractor.
  5. Refrain from actions that affect the normal operation of the Website, not use any devices, programmes, procedures, algorithms, and methods, automatic devices for access, copying, or tracking the content of the Website.
  6. Refrain from actions aimed at gaining access to someone else's Account by selecting a login and password, hacking, or other unlawful actions.
  7. Adhere to the regulations, procedures, and requirements for receiving Services established by the Contractor.
  8. Not disclose information to third parties about other Customers received during the provision of Services, as well as any other confidential information.
  9. After independently searching for Clients through the website, at their own expense and under their own responsibility, establish cooperation with such Clients. The Contractor shall not participate in agreements between Clients and Customers, shall not act as a financial intermediary in such agreements, but shall only provide access to the website for placement of Customers’ proposals. Therefore, the Contractor shall not be responsible for such agreements. Further cooperation between Clients and Customers shall take place outside the scope of this Contract.
  10. Refrain from conduct that degrades the honour, dignity, and business reputation of the Contractor. Spread of information that degrades the honour, dignity, or business reputation of the Contractor shall mean its publication in the press, broadcasting on radio, television, using other mass media, including social media, placing such information in references, statements, letters addressed to other persons, announcements in public speeches, as well as in another form to an indefinite number of people or at least one person. Spread of information also includes hanging (displaying) posters, slogans, other works in public places, as well as distributing leaflets that, in their content or form, degrades the honour, dignity, or business reputation of a citizen or organization.
  11. Provide all necessary information for the Contractor to fulfil its obligations under the Contract, including access to necessary Personal Data.


4.4 The Customer shall have the right to:

  1. Demand from the Contractor the provision of quality Services in a timely manner and in accordance with the terms of this Contract.
  2. Receive necessary and accurate information about the Contractor’s Services and the procedure for provision thereof.
  3. Receive consultations from the Contractor through available means of communication regarding issues related to the overall operation of the Website and the specific Account.
  4. Place orders for the Services specified in the relevant section of the Website.
  5. Refuse to receive the Services in case of disagreement with the terms of this Offer.
  6. Exercise other rights in accordance with the current laws of Ukraine and the terms of this Contract.


5. COST OF SERVICES, PAYMENT TERMS AND CONDITIONS

  1. The Customer shall gain access to the Account after making payment for the Services according to the Tariffs set by the Contractor and posted in the corresponding payment section on the Website.
  2. The Customer, at their discretion, shall select a Tariff from the available options, based on which they will pay for the Services. Value of the Tariff shall depend on the Subscription period, during which the Customer wishes to use the Contractor’s Services (month, quarter, year).
  3. The Contractor hereby reserves the right to change the established Tariffs in case of significant increase in inflation indicators, changes in market conditions, or other significant circumstances.
  4. Payment for Services shall be made by the Customer before the Contractor publishes the Customer's Account on the website by 100% prepayment to the Contractor's current account using the Liqpay/Fondy payment systems.
  5. The Customer shall pay for the Contractor's Services in the national currency of Ukraine – hryvnia. The Parties have agreed that the equivalent value of the Services in US dollars shall be paid by the Customer in hryvnia, according to the official exchange rate set by the National Bank of Ukraine on the day of payment for the Contractor's Services.
  6. The Customer, who has subscribed, shall understand and agree to automatic regular renewal of such subscription for a new term (Subscription Auto-renewal). After subscribing, payment for a new Subscription period shall be made by automatically debiting funds from the Customer's account. The Subscription Auto-renewal service shall be provided until the Customer cancels it in the Account on the website.
    1. The Subscription shall be deemed cancelled starting from the next paid period if the Customer informs about cancellation in the Account on the Website no later than 1 (one) calendar day before the end of the paid Subscription period.
    2. The Subscription shall be activated upon making the first or subsequent payment for the Subscription, meaning the Customer agrees that after the end of the paid Subscription period the Offer is automatically renewed on the same terms and for the same period, with an automatic debit of the Subscription fee from the Customer's account.
    3. If there are insufficient funds in the Customer's account, or automatic debiting of the Subscription payment is not possible for technical reasons, the Subscription for a new term shall not be provided, and subscription Auto-renewal shall be disabled until funds appear in the Customer's account, and/or the Customer changes the account in the Account, and/or technical malfunctions are repaired.
  7. In case of non-payment, the Contractor shall suspend provision of the Services, and this Contract shall become void.
  8. Date of due performance of obligations by the Customer regarding payment for the Services (payment date) shall be the date of crediting the funds to the Contractor's current account.
  9. After granting the Customer access to the Account, the funds transferred to the Contractor's current account shall not be refundable or subject to compensation.
  10. The Contractor may return the funds to the Customer upon request if:
    • the Customer has chosen a 1 (one) month Subscription, and no more than 24 (twenty-four) hours have passed since the publication of the Customer's Account on the website;
    • the Customer has chosen a 1 (one) quarter or 1 (one) year Subscription, and no more than 72 (seventy-two) hours have passed since the publication of the Customer's Account on the website.
  11. In case the Customer does not use (or cannot use) the paid Services of the Contractor, such Services shall not be provided again, shall not be refunded, and not resold to third parties.
  12. In cases where the Customer has made payment for the Contractor's Services, but access to the Account by the Contractor has not occurred, the Contractor shall upon the Customer's request refund payment made by the Customer within 30 (thirty) banking days.


6. PROCEDURE AND TERMS OF SERVICES

  1. Provision of Services shall begin when the Customer gains access to the Account on the Website and/or pays for the Contractor's services by accepting the conditions of this Contract without its written signature by the Parties.
  2. Commencement of the Services by the Contractor shall be confirmed by granting the Customer access to the Account on the Website.
  3. The fact of receiving the Services by the Customer shall be confirmed by gaining access to the Account on the Website and/or by statement of delivery and acceptance of the services ("Statement"), signed by the Parties or their authorized representatives.
  4. Upon the written request of the Customer, the Contractor shall send the Customer a signed Statement in duplicate (an electronic copy of the Statement is acceptable and can be sent by email). In this case, the Customer shall sign the Statement within 3 (three) working days from the date of receiving the Statement and send the second copy of the Statement to the Contractor. In case of refusal to sign the Statement, the Customer should provide written objections.
  5. If, within 1 (one) month from the moment of sending the Statement to the Customer, the second copy of the Statement signed by the Customer or written objections against signing the Statement are not received at the Contractor's mailing address, the Contractor shall sign the Statement unilaterally.
  6. All issues arising during payment and receipt of the Services can be settled by the Customer and the Contractor using the contact details specified in Section 13 of this Contract.

7. TERM, PROCEDURE FOR AMENDMENTS, AND TERMINATION OF THE CONTRACT

  1. This Contract shall come into effect when the Customer gains access to the Account on the Website and/or pays for the Contractor's services, shall be deemed concluded for an indefinite period, and shall remain in force until terminated by the Contractor, or until either party unilaterally terminates the Contract, or until both Parties fully fulfil their obligations under this Contract.
  2. The Contractor hereby reserves the right to amend the terms of the Contract and/or withdraw it at any time at its discretion. In case of amendments by the Contractor, such changes shall come into force upon publication of the new version of the Contract on the Contractor's Website, unless a different effective date is specified upon their publication. The Contract shall be deemed withdrawn from the moment of removing its publication from the Contractor's Website.
  3. From the moment the Contract comes into effect with amendments and revisions, the Contract shall apply to the Parties in the new version.
  4. The Parties hereby agree that silence (absence of written notices of termination of the Contract or disagreement with specific provisions of the Contract, including changes to Tariffs), as well as the continued use of the Website, shall be deemed consent to and acceptance of the new version of the Contract with the amendments and/or revisions made.
  5. The Parties shall have the right to unilaterally refuse to perform this Contract by notifying the other Party in writing not later than 5 (five) days before the anticipated date of refusal.
  6. To refuse to receive Services, it shall be sufficient for the Customer not to make payment for such Services.
  7. If the Customer wishes to fully opt-out of the Contractor's Services, they shall send a corresponding request to the email address: info@fematch.com. After that, all data and information about the Customer shall be deleted by the Contractor.
  8. The Agreement shall be deemed automatically terminated (rescinded) in cases when:
    • the Customer has fully used the Contractor's Services, for which payment has been made;
    • the Customer has not used the Contractor's Services on their initiative.


8. LIABILITY OF THE PARTIES AND DISPUTE SETTLEMENT

  1. In case of non-performance or improper performance of the terms of this Contract, the Parties shall be held liable in accordance with this Contract and current laws and regulations of Ukraine.
  2. If non-performance or improper performance of the terms of this Contract by either Party has led to damages to the other Party, the guilty Party shall reimburse for such damages in full.
  3. Reimbursement for damages shall not release the guilty Party from the obligation to properly perform the terms of this Contract.
  4. All disputes and differences that may arise out of this Contract shall be settled through negotiations between the Parties.
  5. If any dispute cannot be settled through negotiations, such dispute shall be settled in a competent court of the established jurisdiction, in accordance with the current laws of Ukraine.
  6. The Contractor shall not be held liable for any technical failures or other issues of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, email service failures or scripts for technical reasons, for the normal functioning and availability of individual segments of the Internet network and networks of telecommunications operators involved in providing the Customer's access to the Website.
  7. The Contractor shall not be held liable for conformity of the Website as a whole or its individual parts to the expectations of the Customer, error-free and uninterrupted operation of the Website, termination of the Customer's access to the Website, as well as for preservation of personal access credentials (login and password) of the Customer, providing access to the Account, due to technical failures of hardware or software, and shall not reimburse the Customer for any associated losses.
  8. The Contractor shall not be held liable to the Customer or any third parties for any direct and/or indirect damages, including lost profits or lost data, damage to honour, dignity, or business reputation, incurred in connection with the use of the Website by them, or the inability to use it, or unauthorized access to the communications of the Customer by third parties.
  9. The Contractor shall not be held liable for any damages to electronic devices of the Customer or another person, any other equipment or software, caused or associated with the use of the Website by the Customer.
  10. The Contractor shall not be held liable to the Customer or any third parties for:
    • content and legality, accuracy of the information used/received by the Customer when using the Website;
    • quality of works/services provided by Customers directly to Clients, their performance within the agreed period;
    • fulfilment of warranty obligations by the Customers to the Clients regarding the works/services provided by the Customers to the Clients;
    • compliance of works/services performed/provided by the Customers with the laws of Ukraine;
    • fulfilment of obligations to pay by the Clients for the works/services performed/provided by the Customers.
  11. In the event of third-party claims, including other Customers, against the Contractor related to the Customer's use of the Website, the Customer shall settle such claims with third parties at their own expense, defending the Contractor from potential damages and disputes, or to stand on the side of the Contractor in such disputes. The Customer also agrees to compensate the Contractor for any damages (including legal expenses) incurred in connection with claims and lawsuits related to the placement of materials and/or the Customer's activities on the Website.
  12. Under no circumstances shall the Contractor be liable to the Customers or third parties for any indirect damages, including lost profits. The Contractor's liability shall be limited to direct documented damages resulting from actions or omissions of the Contractor, not exceeding the cost of the Services provided to the specific Customer.
  13. The Contractor does not control quality and timelines of the work/services provided by the Customers, offered through the placement of Content in the Account on the Website. Therefore, the Customer hereby accepts the condition that all work and services offered by them through the Contractor's Website shall be provided by the Customer at their sole responsibility, and performance of such work and provision of services shall in no way be connected to the Contractor's activities.
  14. The Customer shall assume full responsibility and risks for performance of work and provision of services offered by them through the Contractor's Website. The Customer shall take full responsibility and risks for payment for the work and services performed by the Customer by the Clients.
  15. The Customer shall be fully responsible for accuracy of information provided by them and/or other informational materials necessary for performance of the Contract, including but not limited to, for inaccuracy, plagiarism, copying, placement of Content without prior consent of persons directly or indirectly related to such Content, in the Account, and for posting the Clients’ feedback. In case of claims against the Customer for violation of the rights of third parties in connection with performance of the Contract, the Customer shall inform the Contractor promptly and shall satisfy and/or settle the claims at their own expense.
  16. The Customer shall be fully responsible for all software, codes, data, information, feedback, proposals, Content uploaded, published, provided, otherwise transmitted or stored in the Account. The Customer shall be responsible for maintaining the confidentiality of third-party names (Clients and other Customers) and passwords associated with the Account, as well as for all actions that occur in the Customer's Account. By placing any information in the Account, the Customer shall grant the Contractor an exclusive, free, fully paid, sub-licensable, and transferable license to use, copy, modify, reproduce, distribute, display, publish, store such information by the Contractor solely in connection with the provision of Services and for the purpose of security to protect the Services and third parties from fraud, malicious software, harmful files, or content, viruses, etc. The Customer hereby also agrees that the Contractor may delete any information posted in the Account at any time for any reason (including but not limited to, after receiving claims or accusations from third parties or authorities regarding such information).
  17. The Customer further warrants and represents that they own all the Content placed in the Account, or that the Customer has obtained all permits, consents, rights, or licenses necessary for such placement, and allows the Contractor to fulfil its obligations in connection with the Services without obtaining any further permits or consents.
  18. The Customer also warrants and represents that publication of any Content placed in the Account and other actions related to the Services do not or will not violate, or misappropriate copyrights, trademarks, the right to privacy or publicity, or other personal or property rights, and all published content is not defamatory, indecent, illegal, does not contain threats, offensive, or aggressive statements.
  19. Termination of this Contract shall not release the Parties from liability for breach of the terms and conditions of this Contract that occurred during its term.

 
9. INTELLECTUAL PROPERTY

  1. The website is the subject of the Contractor's intellectual property rights. All proprietary copyrights to the Website shall belong to the Contractor. Use of the Website by Customers shall be strictly within the framework of the Contract and laws of Ukraine on intellectual property rights.
  2. The Customer hereby agrees not to reproduce, duplicate, or copy any parts of the Website, except in cases where such permission is granted to the Customer in writing by the Contractor.
  3. Information posted on the Website shall not be reproduced, modified, or distributed in any way, in whole or in part, without the prior written permission of the Contractor. Unauthorized use of the information posted on the Website shall be prohibited.

 
10. FORCE MAJEURE EVENTS

  1. The Parties shall be released from liability for non-performance or improper performance of their obligations if such non-performance or improper performance occurs due to force majeure events. Force majeure events shall mean events arising beyond control or against the will or desire of the Parties and which cannot be foreseen or avoided, including: military actions, civil unrest, epidemics, blockades, fires, earthquakes, other natural disasters, force failures in power supply and communication systems used to provide services, adoption of acts by state authorities, and other circumstances beyond the control of the Parties that prevent timely, complete, and proper performance of the Party's obligations under this Contract.
  2. In case of occurrence of force majeure events, the Party affected by them shall notify the other Party within 5 (five) days from the moment of occurrence of such events or from the moment when it becomes possible for such Party to notify the other Party of occurrence of such events. After cessation of the force majeure events, the Party affected by them shall notify the other Party of such cessation within 5 (five) days from the moment of cessation of the force majeure events or from the moment when it becomes possible for such Party to notify the other Party of cessation of the force majeure events.
  3. If force majeure events persist for more than 3 (three) consecutive months, each of the Parties shall have the right to refuse from further performance of obligations under this Contract, and in such case, neither Party shall have the right to claim compensation from the other Party for possible damages.


11. CONFIDENTIALITY TERMS

  1. During performance of the Contract, the Parties will exchange confidential and/or internal information that is their property and which they wish to protect.
  2. The Parties have agreed to maintain confidentiality of information regarding the terms and conditions of this Contract.
  3. The Parties shall not disclose Confidential Information related to this Contract during the term of the Contract and for 24 (twenty-four) months after its termination.
  4. Failure to comply with the confidentiality terms shall be a basis for compensating the damages incurred by the affected Party in full.
  5. The Parties shall maintain confidentiality of information obtained as a result of performance of this Contract, except in cases where it is expressly sanctioned in writing by the other Party or required by state authorities in accordance with applicable laws. The Party found guilty of disclosing confidential information shall be held accountable according to the current laws of Ukraine.


12. PERSONAL DATA AND PROCESSING PROCEDURE

  1. By accepting the Contract, the Customer shall voluntarily consent to collection and processing of their Personal Data. This shall include the following actions regarding the Customer's Personal Data: collection, systematization, entry into the databases of the Contractor, including electronic databases, accumulation, storage, clarification, as well as further use and dissemination of Personal Data by the Contractor in accordance with the provisions of the Law of Ukraine "Protection of Personal Data".
  2. Collection of Personal Data shall be an integral part of the data processing process, involving actions such as selection, organization of information about the Customer, and entry into the personal data database.
  3. Dissemination of Personal Data shall involve actions related to transfer of information about the Customer from personal data databases with consent of the data subject.
  4. Dissemination of Personal Data without consent of the data subject or their authorized person shall be allowed in cases provided for by law and only in the interests of national security, economic well-being, and human rights.
  5. Personal data in personal data databases shall be destroyed in the manner established in accordance with requirements of the Law of Ukraine "Protection of Personal Data".

 
13. OTHER TERMS OF THE CONTRACTУ

  1. The Parties hereby confirm that this Contract has been concluded with full understanding of its terms and the terminology used therein, corresponding to the true intentions of the Parties regarding legal obligations imposed on them.
  2. Each Party hereby guarantees to the other party that it has the necessary legal capacity, meaning all the powers necessary and sufficient to conclude and perform this Contract.
  3. The Customer shall be granted the right to use the services of the Contractor under this Contract exclusively for its internal activities, without the right to alienate or transfer them in any way to third parties.
  4. In matters not covered by the terms of this Contract, the Parties shall be governed by provisions of the current laws of Ukraine.


14. CONTRACTOR’S DETAILS

Individual Entrepreneur (FOP): LIODA Maryna Ihorivna

31, Mariiky Pidhirianky Street, Apt. 2,

Ivano-Frankivsk, 76018, Ivano-Frankivsk Region

Taxpayer ID (RNOKPP): 3502212487

Phone: +38050037081

e-mail: info@fematch.com

 ____________________ Maryna LIODA