Public agreement

Terms and definitions

Public Offer: - the Seller's proposal to enter into this Public Offer Agreement on the terms set forth in this Agreement, which is addressed to an unlimited number of persons.
Acceptance: - full and unconditional consent of the Buyer to conclude this Agreement on the terms specified in this Agreement.
Online store (site): - the site https://ocfilter.com, where you can choose, order and pay for the desired Product/Services.
Seller: - natural person-entrepreneur Surutkovich Oleksandr Ihorovych (RNOKPP 3231204318), which has the right to sell the Products and provide the Services specified in the Online Store, and provides services for the Online Store.
Buyer: - a natural and/or legal entity that accepted this public offer by making payment as indicated on the website.
Products: - the licensed software of the Seller, the list of which is defined in the online store.
The products are specialized software (extensions) for the OpenCart online trading system.
Product Manufacturer: - Seller.
Services: is the provision by the Seller of remote services in the field of informatization, programming, the list of which and their scope is specified in the online store. Before starting to use the Services, the Buyer must familiarize himself with the terms of this Agreement.
Order: - the Buyer's application for the purchase of the Product/Service presented in the online store, made by filling out the appropriate electronic form in the online store.
Personal data: - information or a collection of information about a natural person who is identified or can be specifically identified.
Subject of personal data: - a natural person whose personal data is processed in accordance with the current legislation.
Consent of the subject of personal data: - any voluntary manifestation of the will of a natural person regarding the granting of permission for the processing of his personal data in accordance with the formulated purpose of their processing.
Making a payment on the site is the consent of the subject of personal data to their processing.

Terms

This Agreement is a public agreement in accordance with Art. Art. 633, 641 of the Civil Code of Ukraine, the conditions of which are the same for all Buyers.
The buyer accepts (confirms the intention to enter into this Agreement) by placing an Order in the online store (website) during payment, which is the acceptance of this offer and is equivalent to the conclusion of a contract under the conditions set forth in the text below.
The contract concluded on the basis of the Buyer's acceptance of this offer is an accession contract, to which the Buyer joins without any exceptions and/or reservations.
This public offer is addressed to all individuals and legal entities who wish to purchase the Product / receive the Service and have the technical ability to receive the Product and/or Service.
The seller can make any changes to this Agreement, materials and information contained in the online store at any time without notice. The seller is under no circumstances responsible for the irrelevance of information on the site.

Scope of the contract

The Seller undertakes to supply the Products and/or provide the Services under the conditions provided for in this Agreement, and the Buyer undertakes to accept the Products/Services and pay for them under the conditions specified in this Agreement.

The price of products and services, the order and terms of payment

Prices for Products and Services are indicated on the pages of the online store.
Prices for Products depend on bonus programs, current promotions, the number of Products ordered, the type and volume of accompanying Services.
Payment for the Products/Services is made by the Buyer by paying 100% of the price of the Products/Services and using the methods specified in the online store. The currency of calculations is hryvnia. In the event of a monthly subscription for Products from the bank card specified at the time of subscription, the amount will be debited depending on the number of days remaining until the end of the current month. In the future, the monthly payment will be debited on the first day of each month. The Buyer can cancel the subscription in the corresponding section of the online store.
Payment is considered to have been made at the time the funds are credited to the Seller's account.
All commissions charged by banking institutions, credit organizations, payment systems and other third parties when making a payment are not included in the price of the Product/Service and are paid separately from the cost of the order. The amount of commissions is set by banks and other institutions independently.
The payment is considered successful and the Agreement concluded after the Seller receives the funds and the Seller sends the corresponding e-mail to the Buyer.

Terms of delivery of products and provision of services

Products/Services are ordered by the Buyer on the basis of the order, which he makes by filling out the appropriate forms on the website during payment.
In order to deliver Products and/or receive Services, the Buyer must ensure that his device is connected to the Internet. The cost of the Internet connection depends on the tariffs of the Internet service provider used by the Buyer and is paid by the Buyer.
Product deliveries:
1. Products are delivered within one working day after the Buyer pays the price of the Products on the website by sending the Buyer instructions for installing and configuring the software, as well as data for activating the Products in the form of an electronic message to the address specified by the Buyer during the order.
Terms of Service:
1. Services under this Agreement are provided by the Seller remotely in the form of exchanging text messages via the selected messenger or e-mail. To provide Services, the Seller may request access to the Buyer's FTP site and other data necessary for the provision of Services.
2. Rendering of Services begins after the Buyer makes payment on the website, without written signing of the Agreement by the Parties.
3. Services are provided only if all technical requirements are met:
  1. The Buyer's website is operational and available on the Internet;
  2. Access to the site is open or the Buyer has provided authentication data to the site;
  3. Access to site files via (S)FTP or SCP protocol is provided by the Buyer and is fully functional.
4. In the event that the Buyer does not meet the conditions specified in clause 16.c of this Agreement, the term of providing the Services is postponed for the time necessary for the Buyer to meet the necessary conditions, but this term should not exceed 3 (three) months from the moment of placing the order.
5. The date and time of the provision of Services, as well as other necessary conditions for the execution of the order, are agreed after the payment is made by the Buyer.
6. After agreeing on the date and time of provision of the Services, it is considered that the Buyer has undertaken to provide the conditions under which the Services can be provided within the specified period, and the Seller has undertaken to provide the Services within the specified period.
7. Transfer of the Services provided by the Seller and their acceptance by the Buyer is carried out at the moment of completion of their provision.
8. The buyer is obliged to check the quality and scope of the provided Services at the time of completion of their provision and:
  1. in the absence of claims, provide confirmation in electronic form during correspondence with the Seller;
  2. in case of any justified claims, write a reasoned refusal to accept the Services provided or a claim outlining your justified, properly proven claims in an email sent to the email address support @ocfilter.com.
9. In the event that the Buyer does not provide confirmation in electronic form, as provided for in clause 16.h of this Agreement, and at the same time does not send a reasoned refusal to accept the provided Services or a claim setting out his justified reasons proven requirements, as stipulated in clause 16.h of this Agreement, at the time of acceptance of the Services, such Services are considered to be provided in good quality, in full and on time, and the Buyer does not have any claims against the Seller.

Returning products

Products are software and differ significantly from physical goods in terms of technical and other features. After receiving payment for the Product, the Buyer generates a unique license key to activate the Product, which is an integral part of the delivery. From the moment the specified license key is created in accordance with the Buyer's order, the Product is considered used, which makes it impossible to return it. That is why it is impossible to return products. By making payment, the Buyer accepts this feature of the Products and agrees with it.

Rights and duties

The seller undertakes:
1. transfer (deliver) Products/provide Services to the Buyer after making payment for such Products/providing Services in a high-quality and timely manner;
2. not to disclose any private information of the Buyer and not to provide access to this information to third parties, except for the cases provided for by this Agreement and the legislation of Ukraine (it is not considered a violation of the Seller to provide information to counterparties and third parties acting on the basis of the Agreement with the Seller , including for the fulfillment of obligations to the Buyer);
3. prevent attempts of unauthorized access to information and/or its transfer to persons who are not directly related to the execution of Orders, timely detect and stop such facts;
4. perform other duties stipulated by this Agreement and/or the current legislation of Ukraine.
The seller has the right to:
1. at any time to make changes to this Agreement, materials and information (including about Products / Services) offered in the online store;
2. refuse to enter into a Public Offer Agreement if he does not have the ability to sell the relevant Product/provide the Service to the Buyer;
3. refuse to provide Services and terminate this Agreement without refund if the Buyer changes the date and time of service provision more than 5 times, addresses specialists with jokes, questions, proposals that are not related to the provision of Services, as well as in the case of using foul language when communicating with the Seller;
4. terminate and/or refuse the provision of Services if access to the Buyer's site does not meet the requirements specified in clause 16.c of this Agreement;
5. change the procedure for providing the Services without renegotiating this Agreement by publishing the changes in the online store and notifying the Buyer at least 1 (one) day before the provision of the Services by sending a corresponding e-mail to the address specified by the Buyer at the payment stage in the online store ;
6. other rights provided for by this Agreement and the current legislation of Ukraine.
The buyer undertakes:
1. before the conclusion of the Agreement, familiarize yourself with the content and conditions of the Agreement, prices for Products/Services in the online store;
2. provide all the necessary data identifying him as a buyer and necessary for registration in the online store by manually entering the data into the relevant fields of the online store and keeping them up to date;
3. pay for the ordered Product/Service on the terms specified in this Agreement;
4. not to divulge any private information of the Seller and not to provide access to this information to third parties, except for cases provided for by the legislation of Ukraine; not to transfer data received after payment (license key, etc.) to third parties, and be personally responsible for failure to fulfill this obligation;
5. not to resell or provide the results of services under this Agreement to third parties;
6. keep secret all data for activation of the Products (license key, etc.), do not use the services for commercial purposes and do not use them to provide services to third parties;
7. perform other duties stipulated by this Agreement and/or the current legislation of Ukraine.
The buyer has the right to:
1. consult the Seller regarding the properties and characteristics of the Products/Services;
2. receive information about Services and technical requirements for providing Services;
3. refuse to receive Services/Products without refund;
4. opt out of receiving emails about the Products/Services and services of the Seller/Manufacturer by sending a corresponding email to support@ocfilter.com;
5. other rights provided for by this Agreement and the current legislation of Ukraine.

Warranty obligations

Products are supplied in the form of a file archive provided by the Manufacturer. Inaccuracies, failures, functional inconsistencies, deficiencies, incompatibilities with other extensions, etc. discovered during the use of the Product can be eliminated by providing technical support, for which the Buyer should contact the e-mail address support@ocfilter.com.
The seller guarantees the quality of the provided Services.
The seller is not responsible for the shortcomings (defects) of the Services if:
- defects were known or could have been known to the Buyer at the time of their acceptance;
- defects arose as a result of further operation of the software in violation of the requirements and instructions of the software rights holders, etc.;
- defects arose as a result of the Buyer's arbitrary intervention or intervention with the help of third parties in the Product's software code;
- defects are not related to the Services provided;
- defects arose from other circumstances independent of the Seller.
The seller does not guarantee the uninterrupted provision of the Services and does not guarantee that the software or any other materials offered by him are error-free.
The Buyer settles all questions and/or claims regarding this Agreement and/or the terms of execution of the Agreement exclusively with the Seller.
The Buyer can send all wishes and suggestions regarding the functionality and components of the Products in the form of an e-mail to the e-mail address support@ocfilter.com.

Responsibilities of the parties

The parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine.
The Buyer, when placing an order, is responsible for the authenticity of the information about himself provided to the Seller, and also confirms that he is familiar with the terms of this Agreement and agrees with them. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer.
The Seller is not responsible for the impossibility of fulfilling the Buyer's order, if such impossibility arose as a result of circumstances beyond the Seller's control, including, but not limited to, disruption of communication lines, the Buyer's website server, etc.
The Buyer bears sole responsibility and all risks associated with the use of unlicensed software and the Internet.
The Seller bears no responsibility for the illegal actions of the Buyer, aimed at the independent installation, configuration and use of unlicensed software.
The general liability of the Seller for non-fulfillment or improper fulfillment of the terms of this Agreement is limited to the amount of the Buyer's payment made on the basis of this Agreement.

Force majeure

The duration of the fulfillment of obligations by the Parties under this Agreement can be suspended only in the event of force majeure, namely: fire, natural disaster, armed conflict, significant changes in the legislation of Ukraine, which complicates or makes impossible the fulfillment by the Party of its obligations under this Agreement, or from other circumstances beyond the control of the Parties.
The party that has been affected by force majeure must notify the other Party in writing within 5 (five) calendar days.
In the event of the occurrence of force majeure circumstances, the Party affected by them, subject to compliance with the requirements of clause 10.2 of this Agreement, shall be released from liability under this Agreement for the duration of such circumstances.
After termination of force majeure circumstances, the course of the obligation fulfillment period resumes. The Party affected by force majeure must notify the other Party in writing about the termination of force majeure circumstances.
If force majeure continues for more than 30 (thirty) consecutive calendar days, the Parties have the right to terminate this Agreement. At the same time, damages caused by the termination of the Agreement are not compensated and fines are not paid.

Dispute settlement procedure

All disputes arising under this Agreement or related to it shall be resolved through negotiations between the Parties.
If the dispute cannot be resolved through negotiations, it is resolved in a court procedure provided for by the current legislation of Ukraine.

Notice about personal data

By accepting this Agreement, the Buyer confirms his full voluntary, unconditional consent to the inclusion of his personal data in the Seller's personal data base.
Personal data of the Seller is information or a set of information about him, with the help of which he is identified or can be specifically identified, in particular, but not limited to, this is the surname, first name, patronymic of the Seller, e-mail address, phone number , video from a remote connection to the device.
The Buyer allows the Seller to carry out all actions that, in accordance with the Law of Ukraine "On the Protection of Personal Data", are the processing of personal data, according to the stated purpose of their processing, which is to ensure the implementation of the obligations of the Parties under this Agreement, civil law, tax relations and relations of the Parties in the field of marketing and advertising.
In order to achieve the purpose of personal data processing, the Seller grants permission for their processing to the extent provided by him when concluding a Contract with the Seller and/or submitting an order necessary for the realization of the above-mentioned purpose.
The buyer confirms that, before placing the order, he has familiarized himself with the rights provided for by the Law of Ukraine "On the Protection of Personal Data", namely:
1. know about the sources of collection, the location of your personal data, the purpose of their processing, the location or place of residence (residence) of the owner or controller of personal data or give the appropriate instructions to obtain this information to persons authorized by him, except for cases established by law;
2. receive information about the conditions for providing access to personal data, in particular information about third parties to whom his personal data is transferred;
3. to access your personal data;
4. receive no later than 30 (thirty) calendar days from the date of receipt of the request, except in cases provided by law, an answer on whether his personal data is processed, as well as receive the content of such personal data;
5. present a reasoned demand to the owner of personal data with an objection to the processing of his personal data;
6. make a reasoned demand for the change or destruction of your personal data by any owner and manager of personal data, if these data are processed illegally or are unreliable;
7. to protect your personal data from illegal processing and accidental loss, destruction, damage in connection with intentional concealment, failure to provide or untimely provision of them, as well as protection from providing information that is unreliable or dishonors honor, dignity and business the reputation of an individual;
8. apply complaints about the processing of your personal data to the authorized representative or to the court;
9. apply legal remedies in case of violation of the legislation on the protection of personal data;
10. make a reservation regarding the limitation of the right to process your personal data when giving consent;
11. revoke consent to the processing of personal data;
12. know the mechanism of automatic processing of personal data;
13. to protect against an automated decision that has legal consequences for him.
The buyer gives his consent to the processing, storage and transfer (distribution) of his personal data to third parties, exclusively for the purpose provided for in this Agreement, to subjects related to the implementation of this purpose and does not require notification of the transfer (distribution) of personal data included in the personal data database, if such transfer (distribution) is carried out exclusively for the purpose provided for in this Agreement.
The buyer gives his consent to the storage of his personal data during the term of the Agreement and 3 (three) years after the end of its term.

Privacy Policy

The Seller guarantees full confidentiality of all and any data and information received in the process of concluding the Agreement and fulfilling obligations under it, including those that are not personal data, in particular: information about the Buyer's browser type, IP browser, URL of the previous site visited by the Buyer, type of operating system, etc., which are automatically collected when visiting the Seller's site, including with the help of the following web technologies:
- Cookie files (cookies): the Seller's website may use "cookie" technology for the convenience of the Buyer's stay on the website and the collection of website statistical reporting data. The cookie technology does not remember the Buyer's personal e-mail address or any personal information about the Buyer. To stay on the site without the use of cookies, the Buyer can adjust his browser and select the function "disable all cookies" or "notify if cookies are enabled".
- IP address: the Seller's site may collect IP addresses for system administration, diagnosing server problems, and compiling summary information (in particular, about the number of site visitors). The IP address is a number automatically assigned to the Buyer's device at the time of starting to use the Internet.
Disclaimer: The site may contain links to other sites / software created by third parties, whose policy in the field of personal data and information protection differs from this one. Seller is not responsible or liable for the information or privacy policies of such third parties. The Seller recommends that the Buyer familiarize himself with the privacy statements of all third-party sites / applications before using such sites / applications or providing his personal data or any other information to or through such sites / applications.
The Buyer, by accepting this Agreement, confirms his full voluntary and unconditional agreement with the Seller's Privacy Policy. In case of disagreement of the Buyer with the terms of this Policy, further use and visit of the Seller's website should be stopped immediately.

The term of the contract, the procedure for its modification and termination

This Agreement is concluded (accepted) by the Buyer paying the price of the selected Product(s)/Service(s) and is valid for a period determined by the volume of the selected Product(s)/Service(s). The date of conclusion of the Agreement is the date of payment of the price of the selected Product(s) / Service(s) by the Buyer. It is from this date that the term of validity of the Agreement is calculated.
This Agreement is mixed and contains elements of confidentiality terms, public agreement, return terms.
The buyer confirms that he has familiarized himself with its conditions before concluding this Agreement, that he understands them, and has entered into this Agreement knowingly without coercion.
This Agreement is concluded on the territory of Ukraine and operates within the framework of the current legislation of Ukraine.
The online store contains materials, trademarks, brand names and other materials protected by law. The buyer or any other third parties have no right to use the materials posted in the online store (including making changes, copying, publishing, transferring to third parties, etc.). The use of site materials without the consent of the copyright holders is not allowed. In the case of quoting materials from the site, including author's works, a link to the website of the online store is mandatory.
Having paid for the ordered Products/Services on the website of the online store, the Buyer accepts this Agreement, confirms that before concluding this Agreement, he has familiarized himself with its terms, that they are clear to him, he agrees with them and knowingly concluded this Agreement without coercion.
The offer (offer to conclude this Agreement) is valid indefinitely, taking into account the conditions set forth in this offer, until the Seller terminates its validity or replaces this offer with a new edition.
The buyer cannot offer his conditions, but can only join the offered offer.
In everything that is not defined in this Agreement, the Parties will be guided by the current legislation of Ukraine.
Premature refusal (termination) of this Agreement is possible in the cases and in the manner stipulated by this Agreement and the current legislation of Ukraine. The Agreement can be terminated unilaterally only by the Seller.