Agreement on the provision of subscription and delivery services for periodical printed mass media - FORBES UKRAINE magazine

This agreement is a contract of accession in accordance with article 634 of the Civil Code of Ukraine, which is concluded between LLC "UYAVY!"(Publisher) and, accordingly, an individual, organization or legal entity that agrees to the terms of this Agreement (hereinafter referred to as the subscriber).
 
This agreement, in accordance with article 633 of the Civil Code of Ukraine, is public and is published on the Internet at: www.subscribe.forbes.ua/offer-agreement.
 
 
1. Definition of terms
 
1.1. The publisher is the publisher of a printed mass media − the magazine "FORBES UKRAINE" (hereinafter referred to as the magazine, publication). The publisher sells the magazine, including by subscription through the website www.subscribe.forbes.ua (hereinafter referred to as the site).
 
1.2. Site user — subscriber) − a person registered on the site by filling in personal data (personal data), has entered into this Agreement for the purpose of subscribing to the magazine with delivery in accordance with the terms of this Agreement (hereinafter referred to as services).
 
1.3. Registration — creation of a subscriber's personal account (profile) on the site using a personal name (login) and code (password) to log in to the site.
 
1.4. Login and password — 2 (two) sets of characters assigned to the subscriber, the combination of which allows access to the subscriber's personal private page — personal account (profile).
 
1.5. Journal copy — a separate printed issue of the Journal, which is assigned a certain serial number in accordance with the Journal's publication schedule.
 
1.6. Subscription to the magazine — providing the subscriber with the number of copies of the magazine ordered and paid for by him, at the price indicated on the website as of the payment date.
 
1.7. Personal account (profile) — the subscriber's virtual account on the site, which contains all information about the site user, including their registration data, magazine delivery address, payment information, and the subscriber's phone number.
 
 
2. General Provisions
 
2.1. The terms of this Agreement are the terms of subscription and delivery of the Journal.
 
2.2. According to Article 642 of the Civil Code of Ukraine, the acceptance of this agreement is the fact that the Site user registers on the site and receives the status of a subscriber. Registration on the site is not possible without the subscriber selecting the "I accept the terms of this Agreement"option.
 
2.3. Relations between the parties are regulated by this Agreement and the current legislation of Ukraine.
 
2.4. This agreement is regulated by the current legislation of Ukraine. A subscriber who is not a citizen of Ukraine, by entering into this agreement, undertakes to comply with the requirements of the current legislation of Ukraine applicable to relations regulated by this Agreement.
 
 
3. Subject Of The Agreement
 
3.1. Under the terms of this Agreement, the publisher provides services to the subscriber, and the subscriber undertakes to accept and pay for such services of the publisher in accordance with the procedure established by this Agreement.
 
 
4. Price. Payment. Delivery
 
4.1. The parties confirm that as of the date of signing this agreement by the parties, they have agreed on the following:
4.1.1. The cost of 1 (one) issue of the magazine is UAH 199.00 (excluding VAT);
4.1.2. The cost of 5 (five) issues of the magazine is UAH 899.00 (excluding VAT).
4.1.3. The cost of 10 (ten) issues of the magazine is 1599,00 UAH (excluding VAT).
4.1.4. In case of ordering and paying the cost of 5 (five) and/or 10 (ten) issues of the magazine, in accordance with the terms of this Agreement, the Subscriber, in addition to the specified number of magazines, is granted access to the electronic version of the corresponding issues of the magazine as a gift in the subscriber's personal account.
 
4.2. Delivery options, terms and conditions:
4.2.1. The cost of delivery of the publication by Ukrposhta and New Mail, fully included in the price of the magazine and additionally not paid by the subscriber.
4.2.3. The delivery time of each issue of the publication depends on the selected type of delivery and the region of residence of the addressee (delivery address), but takes approximately 4-5 days from the date of publication of the Journal.
4.2.4. When ordering issues of magazines that have already been out of print earlier (previous issues of magazines), the calculation of the delivery time begins from the moment the subscriber pays for the corresponding publication.
 
4.3. Payment options:
4.3.1. It is possible to pay for the ordered publication using the banking details of LLC "imagine!"using any convenient method: from account to account, through the bank's cash desk, on the website, and so on.
 
 
5. Terms and procedure for providing services
 
5.1. After registering on the site, the subscriber is granted access to the final stage of subscribing to the magazine.
 
5.2. The subscription price for the magazine does not include the commission withheld by banks/payment systems for making a payment by the Subscriber in favor of the publisher. The subscriber pays additional commission costs.
 
5.3. The Journal is considered prepaid at the time of receipt of funds to the publisher's bank account specified in this Agreement.
 
5.4. The number of magazines purchased by the subscriber is displayed in the "My Orders" section in the personal account on the site.
 
5.5. The parties agreed that starting from the date of signing this Agreement, if the terms of the agreement are fulfilled, they will sign invoices for payment, reconciliation reports of mutual settlements, expense invoices, acts of document cancellation, acts of price adjustment, acts of quantity adjustment, powers of attorney, acts of work performed (services rendered), etc. – in the form of electronic Edi documents, to confirm the business operations described in them using the EDI system-an electronic document management system operating on the basis of the electronic document management platform of the computer program "M.E.Doc" and / or "on time" of both parties and ensures the transfer of electronic documents (Edi documents) from the sender to the recipient. Identification of the sender/recipient (parties) in the EDI system is carried out on the basis of their identification codes from the unified state educational standard. Document exchange in the EDI system is carried out by sending/receiving documents by each of the parties through the electronic document management platform of the computer program "M.E.Doc "(module " M.E.Doc Electronic Document Management") and/or"on time".
 
5.6. In the event of a claim related to non-receipt of a paid copy of the publication, the publisher re-sends the publication to the subscriber within 72 (seventy-two) hours from the date of receipt of the corresponding claim from the subscriber on business days.
 
5.7. Publications are not subject to exchange and refund, except for the conditions regulated by this Agreement. Funds received by the publisher, their issuance and transfer to other accounts are not returned, except in cases expressly provided for by the current legislation of Ukraine.
 
 
6. Rights and obligations of the parties
 
6.1. The subscriber has the right to:
6.1.1. Edit, change, update personal data specified during registration on the site;
6.1.2. Purchase the publication under the terms of this Agreement;
6.1.3. To cancel or forward prepaid copies of the journal (from the next issue of the Journal) by sending a corresponding application by the subscriber to the publisher no later than 20 days before the issue is published in the next issue of the Journal.
 
6.2. The publisher has the right to:
6.2.1. Terminate contractual relations with the subscriber or refuse to sell the publication unilaterally if the subscriber violates the terms of this Agreement;
6.2.2. Change the terms of this agreement unilaterally. The effective date of amendments to this agreement is the date of their publication on the website;
6.2.3. Delete any information from the site server if it does not comply with this Agreement, the current legislation of Ukraine, violates copyright or the rights of third parties, and do not compensate for possible damage caused to the subscriber by these actions;
6.2.4. Terminate the provision of services provided for in this Agreement if the subscriber does not comply with the terms of this agreement without a refund for paid copies of the publication;
6.2.5. At its sole discretion and without notice, refuse to provide services to the subscriber if it is revealed that the subscriber is involved in illegal activities in relation to the site or its users.
 
6.3. The subscriber must:
6.3.1. Comply with the copyright and related rights of the publisher and other copyright holders to the publication, as well as other objects of copyright and related rights that are an integral part of the publication;
6.3.2. Use the publications received under this Agreement exclusively for personal purposes;
6.3.3. Timely and full payment for publications ordered from the publisher on the site.
 
6.4. The publisher must:
6.4.1. Do everything possible to ensure high-quality and uninterrupted provision of services to the Subscriber in accordance with the prices stated on the site, while the services are provided on the terms set out here, without any direct or indirect guarantees;
6.4.2. Ensure delivery to the subscriber of publications purchased on the site in accordance with the declared frequency and terms specified in this Agreement;
6.4.3. Do not disclose the username and password, as well as other information received from the subscriber during registration on the site, to third parties;
6.4.4. Notify the subscriber of changes to the terms of this Agreement no later than 3 (three) calendar days prior to the entry into force of the changes, by posting relevant information on the site.
 
 
7. Liability Of The Parties
 
7.1. For non-performance or improper performance of obligations under this Agreement, the parties are liable in accordance with the current legislation of Ukraine and this Agreement.
 
7.2. The publisher is not responsible:
7.2.1. For the inability to service the subscriber for reasons beyond their control, including disruption of communication lines, malfunction of hardware and software that does not belong to the publisher, etc.;
7.2.2. For full or partial interruptions in the provision of services related to the replacement of equipment, software or other work due to the need to maintain the operability and development of the publisher's technical means, provided that the subscriber is notified in advance through the site no later than 1 (one) day in advance;
7.2.3. For violating the security of the subscriber's hardware and software used to receive services;
7.2.4. For the loss of confidential information or part of it, if this is not the fault of the publisher;
7.2.5. For any losses of third parties that have arisen through no fault of the publisher.
 
7.3. The subscriber is personally responsible for transferring the username and password to third parties for use.
 
 
8. Disputes and their resolution procedure
 
8.1. All disputes arising during the performance of this Agreement are resolved by the parties through negotiations. If disputes are not settled by the parties through negotiations, they are resolved in accordance with the current legislation of Ukraine.
 
 
9. Term of the agreement
 
9.1. The agreement comes into force from the moment of its conclusion and is valid until the parties fully fulfill their obligations stipulated in the terms of the agreement.
 
 
10. Changes to the agreement
 
10.1. This Agreement may be amended by the publisher unilaterally without prior or subsequent notification to the subscriber. The changes take effect on the day the updated version of the agreement is published on the site.
 
10.2. The user understands and agrees that their consent to the terms of this agreement after the date of publication of changes to this agreement means that the user agrees to the updated Terms and conditions. If the user does not agree with the amended terms of the agreement, they may terminate their relationship with the publisher in accordance with the procedure established by this Agreement.
 
 
11. Force Majeure
 
11.1. The party is not liable to the other party for any losses or losses due to late performance or non-performance of this agreement, in whole or in part, if it is caused, in whole or in part, by circumstances, events or reasons beyond the control of the parties and without negligence on the part of the parties. Such circumstances, events or causes include (the list is not exclusive) natural disasters, strikes, lockouts, mass riots, military operations, earthquakes, fires and explosions, and the failure to meet their financial obligations is expressly excluded from this list by the parties. The fact of occurrence and duration of force majeure circumstances must be documented by the competent state body in accordance with the current legislation of Ukraine.
 
 
12. Law applicable to the agreement
 
12.1. The law of Ukraine applies to this Agreement and its interpretation, and all disputes concerning this Agreement are resolved in the courts of Ukraine. In everything that is not regulated by this Agreement, the parties are guided by the norms of the legislation in force in Ukraine.
 
 
13. Special conditions
 
13.1. The publisher is a payer of corporate income tax on the general grounds provided for by the tax code of Ukraine and is a VAT payer.
 
13.2. The user recognizes as legitimate payment for services under this Agreement using (confirming) the username and password specified by the user when creating an account on the site. The user acknowledges and confirms that the services paid for using (confirming) the username and password specified by the user when creating an account on the site are paid for personally by him (the user).
 
 
14. Offer certificate
 
Purchase and sale agreement for a gift certificate for prepayment to
FORBES UKRAINE magazine (hereinafter referred to as the agreement)
 
This agreement is a contract of accession in accordance with article 634 of the Civil Code of Ukraine, which is concluded between LLC "imagination!"(hereinafter referred to as the publisher, seller) and, accordingly, an individual, organization or legal entity that agrees to the terms of this Agreement (hereinafter referred to as the buyer).
This agreement, in accordance with article 633 of the Civil Code of Ukraine, is public and is published on the Internet at: www.subscribe.forbes.ua/offer-agreement.
 
14.1. Definition of terms
14.1.1. The publisher is the publisher of a printed mass media − the magazine "FORBES UKRAINE" (hereinafter referred to as the magazine, publication). The publisher sells the magazine, including by subscription through the website www.subscribe.forbes.ua (hereinafter referred to as the site).
14.1.2. Site user (buyer, subscriber) – a person registered on the site by filling in personal data (personal data), has entered into this agreement with the seller in order to receive a gift certificate for subscribing to the magazine (hereinafter referred to as the product).
14.1.3. Registration – the buyer creates his personal account (profile) on the site using his personal name (login) and code (password) to log in to the site.
14.1.4. Login and password – 2 (two) sets of characters assigned to the buyer, the combination of which allows access to the buyer's personal private page – personal account (profile).
14.1.5. Journal copy (Journal number) – a separate issue of the Journal, which is assigned a certain serial number in accordance with the Journal's release schedule. A total of 10 issues of the magazine are published during the year.
14.1.6. Subscription to the magazine – providing the buyer with the number of issues of the magazine ordered and paid for by him, at the price indicated on the website, according to the nominal value of the gift certificate.
14.1.7. personal account (profile) – the buyer's virtual account on the site, which contains the necessary information about the buyer, including his registration data, magazine delivery address, payment information, as well as the buyer's phone number and email address.
14.1.8. Gift certificate − certificate)-a plastic or any other card placed on the site, which can be purchased by the buyer by transferring the corresponding amount of money indicated on the site (hereinafter referred to as the price of the goods), which is equal to the nominal value indicated on the certificate, to the seller's current account, according to the invoice issued by the seller and the information contained on the site. Certificates can be issued for subscribing to the magazine (hereinafter referred to as the nominal value of the certificate):
14.1.8.1. For six months-5 (five) issues of the Journal, starting from the Journal number determined during certificate Activation;
14.1.8.2. Per year – 10 (ten) issues of the Journal, starting from the Journal number determined during certificate Activation.
14.1.9. Certificate Activation − exchange of a gift certificate for a semi-annual or annual subscription to the magazine, in accordance with the nominal value of the certificate and the information indicated on the certificate, website.
14.1.10. Certificate Code − a unique code that is placed on the back of the certificate, certifying the right of its owner or a third party to subscribe to the magazine, in accordance with the nominal value of the certificate.
14.1.11. Certificate validity period − the period during which the buyer/bearer has the right to activate the certificate.
 
14.2. General Provisions
14.2.1. The terms of this Agreement are the terms of purchase and sale of gift certificates and their exchange for subscription to the magazine.
14.2.2. According to Article 642 of the Civil Code of Ukraine, the acceptance of this agreement is the fact that the Site user registers on the site and receives the status of a buyer. Registration on the site is not possible without the buyer selecting the "I accept the terms of this Agreement"option.
14.2.3. Relations between the parties are regulated by this Agreement and the current legislation of Ukraine.
14.2.4. This agreement is regulated by the current legislation of Ukraine. A subscriber who is not a citizen of Ukraine, by entering into this agreement, undertakes to comply with the requirements of the current legislation of Ukraine applicable to relations regulated by this Agreement.
 
14.3. Subject Of The Agreement
14.3.1. Under the terms of this Agreement, the seller sells the goods to the buyer, and the buyer undertakes to accept and pay the cost of such goods in accordance with the procedure established by this Agreement.
 
14.4. Price. Payment. Delivery
14.4.1. The parties confirm that as of the date of signing this agreement by the parties, they have agreed on the following:
14.4.1.1. The cost of 1 (one) certificate granting the right to a semi-annual (5 issues) subscription to the magazine is UAH 899.00 (excluding VAT);
14.4.1.2. The cost of 1 (one) certificate, which entitles you to an annual (10 issues) subscription to the magazine, is UAH 1,599. 00 (excluding VAT).
14.4.2. Delivery of the gift certificate is carried out by new mail, at the seller's expense, to the address specified by the buyer in the profile.
14.4.2.1. The cost of delivery of the certificate is fully included in the price of the product and is not additionally paid by the buyer.
14.4.2.2. The delivery time of the certificate depends on the delivery address, but it takes approximately 4-5 days from the date of payment for the certificate on the site.
14.4.3. It is possible to pay for the ordered certificate using the seller's details specified in this Agreement, using any convenient method: from account to account, through the bank's cash desk, on the website, etc.
 
14.5. Terms and procedure for purchasing and selling goods
14.5.1. The gift certificate is not registered and may be transferred, sold, donated or otherwise alienated by the buyer to third parties. Distribution/transfer of the gift certificate to third parties is carried out by the buyer independently and at its own discretion. When transferring the certificate to third parties, the buyer must notify about the validity period of the certificate and the terms of its use specified on the site. The certificate can be used by a third party, if it is lost by the buyer. The seller is not responsible for the person who illegally appropriated and/or used the gift certificate.
14.5.2. The gift certificate is urgent, the validity period is indicated by the seller on the website at the time of its sale, and is also indicated directly on the certificate. The gift certificate is valid until December 2021.
14.5.3. Purchase of a gift certificate confirms that its owner (buyer) is fully familiar with all the terms and conditions of its purchase, activation and use.
14.5.4. The gift certificate is not refundable and/or exchanged, including not exchanged for cash.
14.5.5. Activation of the gift certificate is carried out by the buyer or a third party (bearer) by filling out the appropriate form, which must indicate, in particular, but not limited to: full name, delivery address, contact phone number, email address, and the month of start of activation of the gift certificate.
14.5.6. The nominal value of a gift certificate cannot be used by partial division during their validity period.
14.5.7. The total cost of activation (exchange) must be equal to the face value indicated on the gift certificate, and may not be less than or exceed the specified face value.
14.5.8. In case of theft, loss, or non – use during the validity period of the certificate, the funds paid for by the certificate will not be refunded.
14.5.9. The seller is not responsible for unauthorized use of the gift certificate, since its activation (use) does not require an identity card.
14.5.10. The price of the certificate does not include the commission withheld by banks/payment systems for making a payment by the buyer in favor of the seller. The buyer pays commission costs Additionally, according to the information provided on the site.
14.5.11. The certificate is considered purchased at the time of receipt of funds to the seller's bank account specified in this Agreement.
14.5.12. The number of certificates purchased by the buyer is displayed in the "My Orders" section in the personal account on the site.
14.5.13. In case of non-receipt of the Paid Certificate, which is confirmed by information from Novaya Pochta, the seller sends the certificate to the buyer again at its own expense within 72 (seventy-two) hours from the date of receipt of the relevant claim from the buyer on working days.

14.6. Rights and obligations of the parties
14.6.1. The buyer has the right to:
14.6.1.1. Edit, update personal data specified during registration on the site;
14.6.1.2. Get a Paid Certificate;
14.6.1.3. Transfer the gift certificate to third parties or dispose of it at its sole discretion.
14.6.2. The seller has the right to:
14.6.2.1. Terminate the contractual relationship with the buyer or refuse to sell the certificate unilaterally if the buyer violates the terms of this Agreement;
14.6.2.2. Change the terms of this agreement unilaterally. The effective date of amendments to this agreement is the date of their publication on the website;
14.6.2.3. Delete any information from the site server if it does not comply with this Agreement, the current legislation of Ukraine, violates copyright or the rights of third parties, and does not compensate for possible damage caused to the buyer by these actions;
14.6.2.4. At its sole discretion and without notice, refuse to purchase the goods to the buyer if the buyer's involvement in illegal activities in relation to the site or its users is revealed.
14.6.3. The buyer must:
14.6.3.1. Use gift certificates received under this Agreement exclusively in a way and for purposes not prohibited by the current legislation of Ukraine for personal purposes;
14.6.3.2. Timely and full payment of gift certificates ordered from the publisher on the site.
14.6.4. The seller must:
14.6.4.1. Do everything possible to ensure high-quality and uninterrupted sale of goods to the buyer, in accordance with the prices stated on the site, while the goods are sold on the terms set out here, without any direct or indirect guarantees;
14.6.4.2. Ensure delivery of gift certificates purchased on the site in accordance with the conditions stated on the site;
14.6.4.3. Do not disclose to third parties the username and password, as well as other information received from the buyer during registration on the site;
14.6.4.4. Notify the buyer of changes to the terms of this Agreement no later than 3 (three) calendar days prior to the entry into force of the changes, by posting relevant information on the website.
 
14.7. Liability Of The Parties
14.7.1. For non-performance or improper performance of obligations under this Agreement, the parties are liable in accordance with the current legislation of Ukraine and this Agreement.
14.7.2. The seller is not responsible:
14.7.2.1. For the inability to service the buyer for reasons beyond his control, including disruption of communication lines, malfunction of equipment and software that does not belong to the seller, etc.;
14.7.2.2. For full or partial interruptions related to the replacement of equipment, software or other work due to the need to maintain the operability and development of the seller's technical means, provided that buyers are notified in advance through the site no later than 1 (one) day in advance;
14.7.2.3. For violating the security of the buyer's equipment and software used by him to purchase goods under this Agreement;
14.7.2.4. For the loss of confidential information or part of it, if this is not the seller's fault;
14.7.2.5. For any losses of third parties that have arisen through no fault of the seller.
14.7.3. The buyer is personally responsible for transferring the username and password, as well as the gift certificate, to third parties for use.
 
14.8. Disputes and their resolution procedure
14.8.1. All disputes arising during the performance of this Agreement are resolved by the parties through negotiations. If disputes are not settled by the parties through negotiations, they are resolved in accordance with the current legislation of Ukraine.
 
14.9. Term of the agreement
14.9.1. The agreement comes into force from the moment of its conclusion and is valid until the parties fully fulfill their obligations stipulated in the terms of the agreement.
 
14.10. Changes to the agreement
14.10.1. This Agreement may be changed by the seller unilaterally without prior or subsequent notification to the buyer. The changes take effect on the day the updated version of the agreement is published on the site.
14.10.2. The user understands and agrees that their consent to the terms of this agreement after the date of publication of changes to this agreement means that the user agrees to the updated Terms and conditions. If the user does not agree with the amended terms of the agreement, they may terminate their relationship with the seller in accordance with the procedure established by this Agreement.
 
14.11. Force majeure
14.11.1. The party is not liable to the other party for any losses or losses due to late performance or non-performance of this agreement, in whole or in part, if it is caused, in whole or in part, by circumstances, events or reasons beyond the control of the parties and without negligence on the part of the parties. Such circumstances, events or causes include (the list is not exclusive) natural disasters, strikes, lockouts, mass riots, military operations, earthquakes, fires and explosions, and the failure to meet their financial obligations is expressly excluded from this list by the parties. The fact of occurrence and duration of force majeure circumstances must be documented by the competent state body in accordance with the current legislation of Ukraine.
 
14.12. Law applicable to the agreement
14.12.1. The law of Ukraine applies to this Agreement and its interpretation, and all disputes concerning this Agreement are resolved in the courts of Ukraine. In everything that is not regulated by this Agreement, the parties are guided by the norms of the legislation in force in Ukraine.
 
14.13. Special conditions
14.13.1. The seller is a payer of corporate income tax on the general grounds provided for by the tax code of Ukraine and is a VAT payer.
14.13.2. The user recognizes legal payment for goods under this Agreement using (confirming) the username and password specified by the buyer when creating an account on the site. The buyer acknowledges and confirms that the goods paid for using (confirming) the username and password specified by the buyer when creating an account on the site are paid for personally by him (the buyer).
 
 
15. Address and bank details of the publisher:
 
LLC "UYAVY!»
USREOU code: 43309976, Legal address: 04119, Kyiv , Gareth Jones Street, house 8, 1 block, 1st floor, prem. №3
IBAN: UA58 320478 00000 26005924884752 in JSB "UKRGAZBANK"
e-mail: [email protected]