Last updated: February 17, 2023
This Agreement on a public offer (Offer) is concluded between any individual / legal entity / entrepreneur, hereinafter referred to as the “User” and the PRIVATE ENTREPRENEUR SHAPATAIEV IGOR , Tax number: 3168009259, location: 04213, Kyiv, Heroes of Stalingrad Avenue, building 42-B, apartment 25, about providing you with services. According to the Civil Code of Ukraine (Articles 633, 634, 641), this document is a public offer and a contract of accession. According to Art. 638 of the Civil Code of Ukraine, which equates to the conclusion of a contract on the terms set out below in the text, and. p. 2, art. 642 of the Civil Code of Ukraine, registration on the website finok.com.ua is acceptance of this offer, as well as the provisions of the Privacy Policy. The Privacy Policy regulates the specifics of the Administrator’s processing of Users’ personal data. You can familiarize yourself with the provisions of the Company’s Privacy Policy by following the link. The privacy policy is an integral part of these Terms and Conditions, in case of acceptance of the terms set forth in the Offer (Agreement), namely acceptance of this Offer by performing the appropriate registration of an account and familiarization with such an offer on the website: finok.com.ua, such persons become Users ( acceptance of the Offer is equivalent to concluding the Agreement on the terms set out in the Offer) information services on the terms specified below and those published on the website finok.com.ua
Tne PRIVATE ENTREPRENEUR SHAPATAIEV IGOR is not a financial consultant and does not provide accounting services. The information on the Website or any services you receive there are not financial, accounting, tax, legal or any other advice. The Аdministrator is not responsible for the result of your use of the Program.
- GENERAL PROVISIONS
1.1. This Offer (Agreement) is a binding legal document under which the User and/or Visitor has the right to use the Website and/or its content (information content, functions, services, etc.).
1.2. In accordance with this Offer (Agreement), the PRIVATE ENTREPRENEUR SHAPATAIEV IGOR , undertakes to provide the User with information services (perform certain actions or carry out certain activities) related to the functioning of the Website, providing access to its information content, functions, services, and as well as ensuring the functioning of such Website and its services.
1.3. In this Offer (Agreement), terms and concepts are used in the following meaning (definition):
–Administrator – PRIVATE ENTREPRENEUR SHAPATAIEV IGOR , Tax number: 3168009259, location: 04213, Kyiv, Heroes of Stalingrad Avenue, building 42-B, apartment 25
–User– is any natural/legal person/entrepreneur who has familiarized himself with this Offer (Agreement) and has registered an account on the Website
–The program is “FinOK” software designed for online automation of financial and personnel control for small and medium-sized businesses. Exclusive rights to the Program belong to PRIVATE ENTREPRENEUR SHAPATAIEV IGOR. The transfer of exclusive rights (in whole or in part) is not the subject of this Agreement.
–Simple (non-exclusive) license — non-exclusive right to use the Program by the User in the territory specified in clause 2.2. of this Agreement, for personal consumption with restrictions in accordance with this Agreement.
– SaaS-version — a method of providing access to the Website, located on the server of PRIVATE ENTREPRENEUR SHAPATAIEV IGOR, through an Internet browser using a Login and Password, without installing the Program distribution on the User’s computer.
–Tariffs — the cost of access to the Website located on the Internet at the address finok.com.ua
–Account is a method of recording statistical, accounting and other information that is used to identify the User for the purpose of this Agreement. Information related to the User is linked to the account, including information specified during registration, settings for working with the Website, data entered by the User in the Program.
–Login and Password — a unique set of characters created by the User during registration, intended for accessing the Website.
-Accounting period – a period of time, not less than one calendar month, for which the use of the Website is paid
-Free trial period – access to some Program Services free of charge for 14 calendar days
-Content is the information design of the Program, including but not limited to: text, programs, graphic images, messages and other materials.
1.4. The administrator reserves the right to change the Offer (Agreement) at any time without any special notice, the new edition of the Offer (Agreement) and/or all their integral parts that have undergone changes shall enter into force from the moment of publication on the Portal, if another term of entry into force of the changes is not determined by the Administrator upon their publication. The current edition of the Offer (Agreement) and all its integral parts is always available on the Portal in public access at the address: finok.com.ua
1.5. If the User continues to use the services of the Portal after the publication of changes to the Offer (Agreement), it is considered that the User thereby accepts the changes to their terms.
- SUBJECT OF THE AGREEMENT
2.1 In accordance with the terms of this Agreement, the Administrator grants the User a simple (non-exclusive) license (hereinafter the “License”) for the Program by providing access to the Administrator’s server, and the User undertakes to use the specified Program under the conditions specified in this Agreement and to pay the license fee for the License in according to the procedure specified in the Agreement.
2.2 The territory of the granted rights is all countries of the world, except the Russian Federation and the Republic of Belarus
- RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 Rights and responsibilities of the Administrator:
3.1.1. Receive remuneration in accordance with the terms of this Agreement;
3.1.2. Make changes to the Program, including publishing new versions of the Program, without prior notice to the User;
3.1.3. Unilaterally terminate the Agreement and (or) block the User’s access to the Program in cases of violation by the User of the legislation of Ukraine and (or) the terms of this Agreement;
3.1.4. To carry out preventive work on the Server, for which reason access to the Program will be temporarily suspended;
3.1.5. The Administrator reserves the right to make changes to the Offer (Agreement) and all its integral parts (if any) without any special notice to the User about such changes.
3.1.6. The Administrator has the right to send information messages to the User and conduct relevant surveys, including those related to the use of the Program.
3.1.7. By using the Program, the User automatically gives the Administrator his consent to receive information messages (as well as any kind of surveys) from the Administrator.
3.1.8. The Administrator is not responsible for the accuracy of information published in the Program by Users
3.1.9. The administrator is not responsible for the User’s loss of access to his account — the account on the finok.com.ua website (loss of login, password, other information) and for the consequences of transferring such information, login and password to third parties. In the event that a third party acquires the login and password (other information related to the User’s access to the Program) as a result of their loss by the User or the transfer of such information, login and password, rights to access the Program to any third party, all responsibility for the actions of such a third party after that is borne by the User.
3.1.10. Back up the User’s data and information
3.2. Rights and responsibilities of the User:
3.2.1. Use the Program only for legal purposes, comply with the current legislation of Ukraine
3.2.2. Do not take actions that affect the normal operation of the Program and constitute its dishonest use. The User undertakes not to use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the content of the Program.
3.2.3. Do not perform actions aimed at gaining access to someone else’s account by selecting a login and password, hacking or other actions.
3.2.4. Not to use the Program’s capabilities independently or with the involvement of third parties for purposes that may be qualified as a violation of the rights of third parties to intellectual property objects, unfair competition, or other violation of the current legislation of Ukraine. The user has no right to use the Program information for personal commercial purposes.
3.2.5. To pay the Administrator’s remuneration in the amount and within the terms established by this Agreement
3.2.6. Receive daily and round-the-clock access to the Server, except for the cases specified in this Agreement
- SERVICES
4.1. To start using the Portal, you need to create an account. You will need to enter the following data: email and phone, as well as create a password
4.2. When creating an account, we are not asked to provide us with any official information about the legal entity for which you are creating an account. By creating an account on behalf of an entity, you represent and warrant that you are its duly authorized representative and have the right to do so.
4.3. Carrying out the appropriate registration by the User in the manner and under the conditions specified in this Agreement provides access to the following functionality and services of the Portal:
– creation of sub-accounts for cash flow management;
– synchronization with bank accounts supported by the Program;
– entering information on monetary transactions in different currencies;
-tracking debit on credit debt;
– review of visual analytics on accounts;
– review of the financial calendar;
-planning of future income and expenses;
– personnel accounting (payroll, creating a list of employees);
-adding users and setting levels of access to information by company.
4.4. The full range of services provided will be available on the Program Website in the Tariffs section
4.5. The Administrator provides services to you through the Website in accordance with one of the subscription plans you have chosen. The administrator reserves the right to change the content and price of any subscription plan at any time. In this case, the changes apply to you from the next billing period.
4.6. The account information in your account may be denominated in different currencies according to the exchange rate provided by third-party services. The administrator has no control over such third-party services and therefore cannot guarantee that the rates provided by them are accurate.
- FREE TRIAL PERIOD
5.1. After opening an account, you have the opportunity to access some services of the Program free of charge for 14 calendar days. The list of services available during the free trial period may be changed by the Administrator at its discretion.
- COST OF SERVICES AND PAYMENT PROCEDURE
6.1. After the free trial period, the services are provided on a paid basis. The administrator will not issue invoices for services.
6.2. Payment for access to the Program is made by 100% prepayment according to the selected tariff plan
6.3. The cost of access to the Program under this Agreement is determined in accordance with the current tariff plans published on the finok.com.ua website
6.4. Tariffs may be changed unilaterally by the Administrator at any time by posting updated information on the Website. The Administrator will notify you of such change by posting a notice on the Website or by sending you an email (if applicable).
6.5. After changing the subscription plan, these changes will take effect from the next billing period
6.6. The subscription is considered active from the moment of its payment. The first subscription payment will begin with the billing period you select when you order your subscription
6.7. If the Administrator is unable to invoice you for the subscription, your access to the Portal will be temporarily suspended. Your access will be renewed as soon as you pay for the services.
6.8. You may cancel your subscription to the Services by turning off the automatic renewal feature in your account. In this case, the User will have access to the services until the end of the current billing period
6.9. The administrator does not refund the unused part of the subscription
6.10. The administrator will refund the funds only if, due to a technical error, you were billed twice for the same billing period. To receive a refund, please contact the Administrator at [email protected] within 14 days of the erroneous payment. No other compensations are provided
6.11. Payment for services is made using payment methods available on the Portal. Payments are made with the help of a third-party payment service provider. This means that the Administrator does not collect and process the User’s payment information
6.12. All commissions charged by credit organizations / other third parties when making a payment are paid by the Paying Party.
- INTELLECTUAL PROPERTY
7.1. By using the Portal, you agree not to infringe the intellectual property rights of any party
7.2. All components and content of the Portal, as well as the Website as a whole, the Administrator’s accounts in social networks, as well as the Administrator’s Telegram-bot belong to the Administrator and are protected by intellectual property legislation.
7.3. The User is not allowed to use intellectual property without the express written consent of the Administrator, unless such use is permitted by law
7.4. The portal may contain links to other websites and third-party services that do not belong to the Administrator. The administrator is not responsible for the content, privacy policy and operation of other websites and services
- LIABILITY
8.1. For violation of the terms of this Offer (Agreement), the Administrator and the User bear the responsibility established by this Offer (Agreement) and/or the current legislation of Ukraine.
8.2. The user is fully responsible for:
– content of information specified during registration, content of documents downloaded and forwarded when using the Administrator Portal.
– the reliability and completeness of the information specified by the User when registering as a User, as well as the reliability of the User’s guarantees and certificates.
– his actions performed by him while using the Administrator’s Portal, and the actions of persons acting on his behalf using his personal identification data.
8.3. The user undertakes to resolve disputes and settle claims of third parties regarding posted/sent/received information and/or documents on his own and at his own expense, or to compensate for losses (including court costs) caused to the Administrator in connection with claims and lawsuits, based on presentation of which became posting/sending/receiving information and/or documents of the User.
8.4. The administrator is not responsible for any errors, omissions, interruptions, defects and delays in data processing or transmission, failures in communication lines, destruction of any equipment, unauthorized access of third parties to the Portal, which caused the restriction of the User’s access to Portal or its services. The administrator is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of e-mail services or scripts for technical reasons, for normal functioning and availability of certain segments of the Internet and networks of telecommunications operators involved in the User’s access to the Portal and its services.
8.5. The Administrator is not responsible for the compliance of the Portal in its entirety or its parts with the User’s expectations, error-free and uninterrupted operation of the Portal, termination of the User’s access to the Portal, as well as for saving the User’s login and password that provide access to the Portal, for reasons related to technical hardware failures or the Administrator’s software, and does not compensate the User for any related losses.
8.6. The Administrator is not liable to the User or any third parties for any direct and/or indirect damages, including lost profit or lost data, damage to honor, dignity or business reputation, incurred in connection with his use of the Portal, or the impossibility of his use or unauthorized access to the User’s account by third parties.
8.7. The administrator is not responsible for the User’s loss of access to his account – the account on the finok.com.ua website (loss of login, password, other information) and for the consequences of third parties obtaining the login, password and other information that ensures the User’s access to Portal.
8.8. The Administrator reserves the right to delete the information posted on the Portal and to take technical and legal measures to stop access to the Portal of Users that create problems in the use of the Portal by other Users and persons who use such a Portal in accordance with the terms of the Offer (Agreement), as well as any any dishonest actions on their part that violate the requirements of the Offer (Agreement). At the same time, such blocking occurs at the discretion of the Administrator and without further notification to such Users.
8.9. The Portal administrator is not responsible for:
8.9.1. Delays or failures in the process of carrying out the transaction, which occurred as a result of force majeure, as well as any case of trouble in telecommunication, computer, electrical and other related systems.
8.9.2. Actions of transfer systems, banks, payment systems and for delays related to their work.
8.9.3. Proper functioning of the Portal, if the User and other persons who use such Portal in accordance with the terms of the Offer (Agreement) do not have the necessary technical means for its use, and also does not bear any obligations to provide users with such means.
8.10. In the event that third parties, including other Users, present claims to the Administrator related to the User’s use of the Portal’s services, the User undertakes to settle the placement of information therein with third parties, protecting the Administrator from possible losses and proceedings, or to act on the side of the Administrator in such proceedings, as well as to compensate the Administrator for losses (including court costs) caused to her in connection with claims and lawsuits related to the posting of materials and / or the User’s activities on the Portal.
- FORCE MAJEURE CIRCUMSTANCES
9.1. In the event of the occurrence of any force majeure circumstances (i.e. events of an extraordinary or irresistible nature) that have occurred and remain beyond the control of the party and which the party could not foresee or prevent for objective reasons, if these circumstances prevent the party from properly fulfilling its obligations , the term of performance of such obligations is extended for the period of validity of such circumstances.
9.2. Force majeure in this Offer (Agreement) means any extraordinary events external to the Administrator and the User, which occur without their fault, beyond their will or contrary to the will or desire of the Administrator and the User, and which cannot, provided that the usual measures can be foreseen and cannot with all care and prudence be averted (avoided), including (but not limited to) the threat of war, armed conflict or the serious threat of such conflict, including but not limited to enemy attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, actions of the public enemy, disturbance, acts of terrorism, sabotage, piracy, disorder, invasion, blockade, revolution, mutiny, uprising, mass riots, introduction of curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation , forced seizure, seizure of enterprises, requisition, public demonstration , blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, embargo, ban (restriction) of export/import, etc., as well as caused exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought , subsidence and landslides, other natural disasters, etc. As well as the issuance of prohibitory or restrictive normative acts of state authorities or local self-government bodies, other legal or illegal prohibitive or restrictive measures of the said authorities, which make it impossible for the Administrator and/or the User to fulfill the terms of this Offer (Agreement), failures in the power supply or communication system, etc. . Circumstances that prevent the parties from properly fulfilling their obligations under this contract.
9.3. An administrator or a User who has delayed the fulfillment of his obligations before the occurrence of force majeure circumstances is deprived of the right to refer to such circumstances as a basis for exemption from responsibility for non-fulfillment of these obligations.
- CONFIDENTIALITY
10.1. The terms of collection, storage, processing and transfer by the User of personal data by the Administrator are given in the Privacy Policy.
10.2. Any information that the User provides when creating a legal entity account and making any entries there is confidential. The administrator is not required to provide any official information about the legal entity for which the User creates an account. The user can choose any name for each account.
10.3. The Administrator cannot guarantee the complete security of the information provided by the User when creating and using an account for a legal entity, but the Administrator makes every effort to ensure its security.
10.4. By placing his personal data on the Portal, the User confirms that he does so voluntarily, as well as that he voluntarily provides them to the Administrator for processing and transfer to third parties in accordance with the Law “On the Protection of Personal Data” If the User does not agree with the above conditions, then he must not register on the Portal or must immediately delete his account and use the Portal for browsing purposes only. Personal data are not the subject of the Offer (Agreement).
10.5. The administrator processes only those personal data of the User, which were placed by him on the Portal. The User’s personal data is processed using the software, hardware and technical means of the Portal.
10.6. The purpose of processing Users’ personal data is to compile a Database of Portal Users to ensure the functioning of the Portal and further provision of services to Users by the Administrator.
10.7. The administrator has the right to use the “Cookies” technology. “Cookies” do not contain confidential information and are not transferred to third parties.
10.8. Cookies are files containing an identifier that is sent by a web service to a web browser and stored in it. Cookies can be “permanent” or “temporary”.
10.9. Cookies files are used by the Administrator to analyze the use of the Portal, namely: which pages Users visit most often, to process errors on individual pages of the Portal.
10.10. All Cookies information is collected and processed anonymously. It is used only to improve the operation of individual elements of the Portal, as well as the Portal as a whole.
10.11. Users can manage cookies stored on their computers. The use of cookies should be understood as blocking or deleting them.
- DISPUTE RESOLUTION PROCEDURE
11.1. In cases of disagreements and disputes due to non-fulfillment or improper fulfillment of the Offer (Agreement) or in connection with them, the parties will take all measures to settle them through negotiations.
11.2. If it is impossible to resolve the dispute through negotiations, the disputes shall be considered and resolved in a court of law in accordance with the current legislation of Ukraine.
- PERIOD OF VALIDITY, CHANGES AND TERMINATION OF THE TERMS OF THE OFFER (AGREEMENT)
12.1 The offer (Agreement) becomes effective from the moment of its posting on the Internet Portal at the address: finok.com.ua and is indefinite.
12.2. The administrator reserves the right to make changes to the terms of the Offer (Agreement) by publishing a new edition.
12.3. This Offer (Agreement) applies to updates and new versions of the Program
12.4. The User may terminate this Offer (the Agreement) by deleting their account
12.5. The Administrator may terminate this Offer (Agreement) by notifying the User on the Website or by e-mail at any time.
- FINAL PROVISIONS
13.1. The Administrator is not responsible for any damages and/or inconveniences resulting from the User’s access or lack of access to the Portal.
13.2. The administrator does not guarantee error-free and continuous operation of the Portal.
13.3. This Portal is created and used in accordance with the legislation of Ukraine.
13.4. When resolving any disputes arising in connection with this Portal, the current legislation of Ukraine shall be applied.
13.5. Documents, letters, e-mails, including their scanned copies, which are sent by post or e-mail by the Administrator to the User or the User by the Administrator, have full legal force, agree on the rights and obligations of the Administrator and the User, and can be presented to the courts as proper evidence
13.6. The offer (Agreement) is concluded for an indefinite period and applies to all users who have registered on the Portal (created an account), starting from the moment of such registration.
13.7. This Offer (Agreement) enters into force from the moment of its posting on the Portal on the Internet at the address: finok.com.ua
