Public offer

1.1. Public Offer - an offer of the Contractor addressed to any legal entity, individual entrepreneur - employers (hereinafter referred to as the Customer) in accordance with Article 641 of the Civil Code of Ukraine, to conclude an Agreement with him on the terms contained in the public offer (hereinafter referred to as the Offer or the Agreement).

1.2. Individual - entrepreneur Pavlo Volodymyrovych Mikhalchuk, entry number in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations 2 006 770 0000 00009382 dated 02.12.2020 (hereinafter referred to as the Contractor), provides any legal entity, individual entrepreneur - employers, information services for viewing the resume database, advertising services to promote the employer's brand, consulting services for researching the labour market, employment and other issues, and the Customer undertakes to pay the cost of services according to the tariffs and on the terms provided by the Contractor.

In accordance with Article 642 of the Civil Code of Ukraine, the unconditional acceptance of the terms of this Offer is considered to be the registration of the Customer on the website https://injobe.com (hereinafter referred to as the Site).

1.3. Site - a page located on the Internet at https://injobe.com

1.4. Site Services - advertising, consulting, information services provided by the Contractor through the use of technical means of the Site separately and additionally in accordance with this Agreement. Account - a set of information and authorisation data (login, password) entered during the Customer's registration on the Website.

1.6. Personal Office - a personalised workspace on the Website, where the Customer can manage his/her page or use other Website Services.

1.7. Personal Account - a register of cash flow and settlement transactions of the Parties.

1.8. Activation - debiting the cost of providing the services of the Website Services from the Customer's Personal Account on the Website.

2.1. In accordance with the terms of the Agreement and in the manner prescribed by the current legislation of Ukraine, the Contractor undertakes to provide the Customer with services for posting the Customer's information materials, information services for viewing the resume database, consulting, advertising and other services specified in the tariffs and Terms of Service of the Contractor (hereinafter referred to as the Website Services; Services), and the Customer undertakes to pay for these Services.

3.1. The use of the Website Services may be carried out only after their Activation, which provides for the preliminary registration of the Customer on the Website and the transfer of the Customer's data to create an account on the Website.

3.2. The use of the Website Services by the Customer shall be carried out within the period of provision of services for the use of the Website Services paid by him/her.

3.3. Upon expiration of the paid period for the provision of services for the use of the Website Services, the Customer may extend such period by re-paying the Contractor's invoice.

3.4. If the Customer does not pay for the extension of the period of use of the Website Services, he/she is automatically deprived of the right to use the Website Services.

3.5. The cost of the Site Services is determined on the basis of the current tariffs of the Contractor, which are posted at: https://injobe.com.price.xlsx.

3.6. The terms of the Website Services are available at: https://injobe.com

3.7. Terms of use of the Website are available at: https://injobe.com

3.8. The Contractor is not responsible for the content of the Customer's vacancies, namely for the text and information compiled and added by the latter.

3.9. The Customer agrees and understands that any claims, requests and fines for violation of the law in connection with the content of the vacancy are the sole responsibility of the Customer. In turn, the Contractor has the right, but is not obliged, to provide recommendations on the content of the Customer's vacancies.

4.1. The Contractor shall:

- register the Customer on the Website;

- provide the Customer with the agreed Website Services, the cost of which is determined by the tariffs on the terms of the Website Services provision;

4.1.1. In connection with the use of computer and other equipment, communication channels and (or) computer programs owned by third parties, the Parties agree that the Contractor hereunder shall not be liable for any delays, interruptions, direct and indirect damages or losses occurring due to defects in any electronic or mechanical equipment and/or computer programs, or due to other objective technological reasons, as well as due to actions or inactions of third parties, data transmission or connection problems, power outages that occurred through no fault of the Contractor.

4.2. The Contractor has the right:

- publish on the Website information about the Customer provided to him during registration on the Website;

- refuse to provide the Customer with the Website Services, or suspend the provision of the Website Services if the Customer has not provided the Contractor with the information necessary for the Customer's registration on the Website;

- at its sole discretion, unilaterally make changes to the tariffs, the Terms of Service of the Website, the Terms of Use of the Website, notifying the Customer by posting the relevant information on the Website and posting the document in a new version or sending it by e-mail to the Customer 7 (seven) calendar days before the date the changes come into force;

- to suspend the operation of the Website for preventive maintenance, if possible at night or on weekends;

- during the term of the Agreement to monitor the procedure for using the Website by the Customer.

4.3. If there is information about the use of the Account Information of the Customer's employees/representatives by third parties, the Contractor has the right at any time and without prior notice to the Customer at its discretion to delete, block or forcibly change the Account Information of such employees/representatives.

5.1. The Customer is obliged to:

- not transfer his/her Account Information to third parties without the Contractor's consent, except for his/her employees/representatives;

- not use the Account Information of third parties;

- after registering on the Website and before purchasing the Website Services, inform the Contractor of the following information the name of the Customer's company, the identification code of the legal entity and/or individual entrepreneur, the period of the Customer's company's activity in the market and a brief description of the Customer's company's activities;

- comply with the Terms of Use of the Website when using the Website;

- independently and at their own expense resolve all issues related to the use of copyright and related rights in the materials provided to the Contractor and/or independently posted by the Customer.

5.2. The Customer is obliged to duly notify the Contractor 3 (three) calendar days before the date of termination of the powers of its employee/representative regarding the possibility of using the Contractor's Website (Website services) and delete all the Account information of such employee/representative, and if not, the Customer has no right to refer to the absence of its responsibility (as well as fault) for the actions of its employees/representatives due to the termination of their powers (termination of any legal relationship between the Customer and the employee/representative). In case of violation by the Customer of the terms of clauses 5.1-5.2 of the Agreement or the Terms of Use of the Website, the Contractor shall send a warning to the Customer indicating the violations and shall have the right to suspend the Customer's use of the Website Services until the violations are eliminated, or the Contractor shall have the right, at its discretion, to unilaterally withdraw from the Agreement (terminate the Agreement), cancel the Customer's Account Information, withhold a fine from the Customer in the amount of the balance of the Activated Website Services (in this case, the Agreement shall be deemed terminated from the day after the violation). In case such violations have caused damage to third parties, the responsibility for the damage caused lies entirely with the Customer.

5.4. In case of technical problems or impossibility of providing a certain paid service to the Customer by the Contractor, the Customer has the right to replace the unavailable service with another or to supplement the number of services already paid for.

6.1. Payment for the Services shall be made on the basis of the Contractor's invoice in the form of 100% prepayment by transferring funds to the Contractor's current account and shall be credited by the Contractor to the Customer's Personal Account within 1 (one) business day from the date of crediting the funds to the Contractor's current account.

6.2. The Services are considered to be provided from the date of granting the Customer access to the Website Services. The fact of granting access to the Website Services is confirmed by the Act of Services rendered, which is drawn up as of the date of activation of access to the Website Services.

6.3. Payment for the Services is made in the national currency of Ukraine - hryvnia.

7.1. The Customer is responsible for the accuracy of the information provided by him during registration, for the safety of his Account and password and for all actions performed by him under his Account.

7.2. In the event that as a result of claims from third parties related to the actions of the Customer, the Contractor suffers losses and/or the Contractor pays such third parties penalties, compensation, damages, the Contractor has the right to demand, and the Customer undertakes to reimburse such losses in full to the Contractor.

7.3. The Contractor is not responsible for the accuracy of the information materials posted by the Customer on the Website.

7.4. The Contractor does not warrant that:

7.4.1. the functioning of the Site will be carried out continuously, quickly, without technical failures, reliably and without errors;

7.4.2. The Website will be available for use around the clock, at a certain point in time or for a certain period.

7.5. The Contractor shall not indemnify and shall not be liable for direct or indirect damage caused to the Customer or third parties as a result of:

7.5.1. use or inability to use the Website;

7.5.2. unauthorised access of third parties to the Customer's personal information.

7.6. The Customer agrees that he uses the Website at his own risk and that the Services are provided on an "AS IS" and "AS AVAILABLE" basis without any warranties.

8.1. All exclusive intellectual property rights to the Website and/or its parts (such as software code, Website design, logo, etc.) belong to the individual entrepreneur P.V. Mikhalchuk

8.2. The Customer is granted the right to use the Website, and the transfer of ownership (rights to intellectual property) is not carried out in any case. The Customer loses the right to use the Website in case of violation of the terms of this Offer, or other rules posted on the Website, the terms of which have been accepted by the Customer.

9.1. All disputes arising out of or related to this Agreement shall be resolved through negotiations between the Parties.

9.2. If the relevant dispute cannot be resolved through negotiations, the dispute shall be resolved in court in accordance with the current legislation of Ukraine.

10.1. The Parties shall not be liable for partial or complete non-performance or improper performance of their obligations under this Agreement if such violation occurred as a result of the direct influence of force majeure circumstances (hereinafter referred to as force majeure), namely floods, fires, earthquakes, other natural disasters, hostilities, embargoes, blockades, riots, terrorist acts, adoption by public authorities of a law or bylaw prohibiting or significantly restricting the actions of a Party necessary for the proper performance of this Agreement.

10.2. Force majeure under this Agreement shall mean circumstances that occurred after the entry into force of this Agreement and were beyond the control of the Party affected by such circumstances. The occurrence of force majeure shall extend the terms of fulfilment of obligations under this Agreement for a period proportional to the duration of such circumstances. A Party that cannot fulfil its obligations under this Agreement due to force majeure shall notify the other Party within 3 (three) calendar days from the date of occurrence of such circumstances. Upon termination of force majeure, the Party affected by such circumstances shall notify the other Party within 3 (three) calendar days from the date of termination of such circumstances. In case of non-compliance with the notification condition, the Party in breach of this condition will not be able to refer to these circumstances and their consequences. The occurrence, effect and/or termination of force majeure shall be confirmed by a document issued by the Chamber of Commerce and Industry of Ukraine or other authorised body of the area where force majeure occurred, acted and/or terminated. In the event of termination of force majeure, the Party invoking it shall send a notice to the other Party in the manner and within the time limits specified in Clause 10.3 hereof. Such notice shall specify the period within which the obligations under this Agreement are expected to be fulfilled.

10.6. After the termination of force majeure, the obligations under this Agreement, the term of which has come due, shall be fulfilled within 5 (five) business days from the date of termination of force majeure.

11.1. The Parties have agreed that information relating to the performance of this Agreement, the rights and interests or business reputation of each of the Parties, the terms of this Agreement, amendments and annexes thereto, the Customer's Account Information, personal data, as well as information that became known to the Parties during the performance of the Agreement (hereinafter referred to as the Information) is confidential and shall not be disclosed. This restriction does not apply to the Information:

11.1.1. subject to disclosure under the provisions of the current legislation of Ukraine;

11.1.2. which is generally known at the time of transfer, including published or known to an unlimited number of persons, without violation of the terms of this Agreement and the fault of the Parties and their employees. The Contractor, in case of suspicion of possible disclosure of the Customer's Account Information, has the right to request from the Customer confirmatory information about the persons to whom the Customer has provided the Account Information. If these persons of the Customer have ceased to have grounds for using the Website due to the termination of the power of attorney issued by the Customer, termination of employment with the Customer, or other reasons, the Contractor shall have the right to delete the Account Information of such persons without the consent of the Customer. After establishing the fact of disclosure of the Account Information, the Contractor shall have the right to unilaterally change the Account Information of the Customer with subsequent notification of the Customer to prevent its further unauthorised distribution and use. The Parties shall not be liable in case of transfer of the Information to the state authorities entitled to request it in accordance with the current legislation of Ukraine.

11.4. The Parties shall not have any mutual obligations of non-disclosure of confidential information in relation to each other and shall not be liable for its disclosure if the said Information is or becomes public knowledge.

11.5. Confidential information that has become known to the Parties in the course of fulfilment of the terms of this Agreement may be disclosed to third parties only with the consent of the other Party.

12.1. If, in the course of fulfilling the terms of this Agreement, the Customer receives personal data of an individual from the Contractor, the Customer undertakes to use such personal data in accordance with the Law of Ukraine "On Personal Data Protection" dated 01.06.2010 No. 2297-VI (hereinafter referred to as the Law No. 2297-VI), namely:

12.1.1. use personal data only for the purpose of employment of individualsb;

12.1.2. not to transfer personal data to third parties who are not entitled to process this data;

12.1.3. not to disclose information that the personal data of any individual is on the Site;

12.1.4. when storing copies of the received personal data on paper or electronic media, process this data in accordance with the Law No. 2297-VI;

12.1.5. in case of damage to individuals related to the Customer's failure to comply with the requirements of the Law No. 2297-VI in relation to their personal data, the responsibility for such losses lies entirely with the Customer. The Customer agrees and accepts and agrees that the Contractor reserves the right to use the personal information provided by the Customer, namely: surname and name, telephone numbers of the Customer (his authorised person who posts information about the Customer's vacancies), as well as e-mail address in order to facilitate the receipt of services on the Website and use personal data received through the Website in accordance with the Law No. 2297-VI.