By accepting this public offer,
You agree to all the terms
outlined below and confirm
that you understand all its provisions
and conclude an agreement on the provision
of services for using the ticket system "HelpDeskStar" under these terms.
PUBLIC OFFER
The "Contractor", on the one hand, publishes these Terms, which are a public offer (proposal) to create an account and set up the "Customer's" access to the web application on the website https://helpdeskstar.org for organizing and managing the Customer's business activities or providing administrative services for various organizations, created to facilitate the improvement of work organization and service provision by the Customer.
These Terms, in accordance with Articles 633 and 647 of the Civil Code of Ukraine, are a public offer (proposal) of the Contractor to an indefinite number of individuals and/or legal entities, containing the conditions of the Service Agreement for using the HelpDesk Star platform.
The full and unconditional acceptance of this offer is any action by persons who have expressed their intention to use the services
of the Contractor, as well as performed specific actions aimed at fulfilling the conditions specified in the offer and took other actions confirming the intention to use the services provided by the Contractor.
The fact that confirms the conclusion of a public agreement on the part of the Customer is the placement of an order on the Contractor's website according to the contacts (phone, E-mail, instant messaging programs: Telegram, etc.) placed on the Contractor's website at the link: https://helpdeskstar.org concerning the order of the Contractor's services and their subsequent payment.
The conclusion of a public agreement is carried out by the Customer's joining the agreement, i.e., by accepting the terms of the agreement in full, without any conditions, exceptions, or reservations.
The public agreement (hereinafter referred to as the Agreement), executed in the above-described manner, is considered concluded in simple written form, does not require paper documentation, and has full legal force.
Upon acceptance, the Customer is deemed to be familiar with this offer, agrees to it, and in accordance with the Civil Code of Ukraine, is considered to have entered into a contractual relationship with the Contractor under these Terms.
The Contractor's obligations are limited to the terms of this offer, specifically, the Contractor is not obligated to provide the Customer with Internet access services. The Customer must arrange and pay for Internet access independently.
The Contractor has the right to change or supplement these Terms at any time, with or without notifying the Customer (depending on the significance of the changes). The current version of the offer Agreement is an open and publicly accessible document and is always available on the Contractor's website at: https://helpdeskstar.org/dohovir-oferty
1 DEFINITIONS
1.1 Ticket System — a set of software modules and tools for establishing communication between the Customer and their clients.
1.2 HelpDeskStar Ticket System (Platform) — a web application on which the Contractor has implemented a set of software tools, allowing the creation of a personal account for the Customer on the Internet at https://helpdeskstar.org, hosted and administered by the Contractor using specialized software for organizing and conducting the Customer's business activities or providing administrative services for any organizations regardless of ownership form, via the HelpDeskStar ticket system (hereinafter referred to as the Platform). The Contractor may, at its discretion, change the Platform (specialized software) to another specialized software environment, and the Customer must independently familiarize themselves with the functionality and rules of the Platform.
1.3 Rates — information on prices, discount conditions, and other useful advantages specified on the website, the HelpDeskStar Facebook page, or promotional materials.
1.4 Personal Account — the Customer's account on the Platform, administered by the Contractor, through which the Customer gains access to the ticket system, additional functionality, and other tools of the Platform necessary for fulfilling the agreement.
1.5 User — an employee of the Customer added by them to their Personal Account.
1.6 Ticket — a request received from the Customer's client, for which the Platform system automatically assigns a number and systematizes the data of this request.
1.7 GB (Gigabyte, GB) — a unit of measurement for the amount of information, approximately equal to 1,000,000,000 bytes.
1.8 Billing Period — the period during which the Contractor provided the Customer with service and administration of the ticket system according to their chosen rate, starting from the 1st day of the month and ending on the last day of the month.
1.9 Commercial Rate — the exchange rate of the hryvnia to the US dollar, established by the Joint Stock Commercial Bank PRIVATBANK (hereinafter referred to as PrivatBank), according to the legislation of Ukraine, effective on the date of calculation.
1.10 Data Volume — information created, transmitted, received, and stored by the Customer using the ticket system, measured in gigabytes.
1.11 Additional Work (Services) — integration with new services, additional functions specific to the Customer's company operations, and other work (services) not provided for in this Agreement but covered by the term "additional work (services)."
2. SUBJECT OF THE AGREEMENT
2.1 The Contractor undertakes to provide the Customer with services, which consist of providing the Customer with access through their Personal Account to the selected tools of the ticket system during the term of the agreement, and the Customer agrees to accept and pay for the services under the terms defined in this offer.
3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1 This Agreement is concluded under the terms of an adhesion contract (Art. 634 of the Civil Code of Ukraine) and is considered concluded from the moment of acceptance of the public offer.
3.2 By accepting the public offer to conclude such an Agreement, the Customer confirms that they fully accept its terms.
3.3 The Customer accepts (agrees to) the offer by performing conclusive actions — paying for the selected Platform tariff of the ticket system under the terms of this offer. The written form of this Agreement, in accordance with the Law of Ukraine "On Electronic Commerce," may additionally be confirmed by sending an email.
3.4 The entire functionality of the HelpDeskStar ticket system is developed by the Contractor, and the Customer accepts the provided functionality without the possibility of making any changes to the software or visual parts of the system. The Platform is proprietary and may not meet the specific requirements of the Customer, but according to paragraph 4.5 of the Agreement, the Customer has the opportunity to order additional work (services) to customize the Platform to their company's needs.
4. PRICE OF SERVICES
4.1 The price is determined and applied according to the tariff of the ticket system selected by the Customer, which is indicated on the corresponding webpage. The Customer chooses the tariff plan of the ticket system that will meet their needs according to their requirements and tasks.
4.2 The price of the tariff does not include individual step-by-step settings of the ticket system made by the Contractor for the Customer. In such a case, the price of the services is negotiated and agreed upon individually.
4.3 Before the commencement of services under the Agreement, the Customer makes an advance payment of 100% of the cost of the services for 1 month or another period multiple of 1 month according to the selected tariff for the service and administration of the ticket system by the Contractor. The Customer has the right to make an advance payment for any period.
4.4 The cost for each User added by the Customer to the Personal Account is 500 hryvnias per billing period (this price is not final and may change depending on the individual needs of the Customer). In such a case, the tariff cost for the Customer may change depending on the number of Users added by the Customer in the previous period and the amount of information used by the Customer using the ticket system.
4.5 The Platform is provided "as is," and all additional work (services) under the agreement are performed at a separate preferential rate. The cost of one hour of work (service) is 35 US dollars.
4.6 In the event of an increase in the official or commercial exchange rate of the US dollar to the hryvnia by more than 20% from the US dollar exchange rate established by the National Bank of Ukraine on the day of conclusion of this Agreement, the Contractor may revise the cost of services not yet paid by the Customer. The increase in the Agreement price does not affect the work already paid for by the Customer, which has been provided by the Contractor earlier or is to be performed in the future.
5. PAYMENT AND SERVICE DELIVERY PROCEDURE
5.1 Prepayment is made by the Customer through cashless payment using payment systems such as LiqPay, Portmone, Fondy, monthly by the fifth day of the month in which the services are to be provided.
5.2 Payments for services are made by transferring funds to the Contractor's account or through the online payment systems used by the Contractor.
5.3 Payment for services is made in the hryvnia equivalent, according to the commercial exchange rate on the day of payment.
5.4 After full or partial payment, the funds are non-refundable.
5.5 The Customer cannot demand a reduction in the cost of services or a refund if they did not use the services. The moment of service provision is considered the transfer of access to the Customer's Personal Account.
5.6 In case of an advance payment by the Customer for the use of the platform, the tariff cost for the paid period does not change. This point is not considered if the Customer used paragraph 4.3, adding additional Users to their account and/or increasing the amount of information.
5.7 By paying for the next billing period, the Customer confirms that the services provided by the Contractor for the previous billing period are accepted, and this action is legally equivalent to signing the Act of Delivery and Acceptance of Works (Services).
5.8 At the request of the Customer or the Contractor on their initiative for the previous billing period, the Act of Delivery and Acceptance of Works (Services) is formed according to the volume of services provided.
5.9 The Act of Delivery and Acceptance of Works (Services) under the Agreement is considered accepted by the Customer if within ten working days from the moment of receipt, or twenty working days from the moment of sending, no written claim with a numbered list of remarks is received from the Customer. After the expiration of the claim submission period, the services under the Agreement are considered accepted by the Customer and legally equivalent to signing the Act of Delivery and Acceptance of Works (Services).
5.10 After the expiration of the period specified in paragraph 5.9 of this Agreement, the Customer's claims regarding the services provided for the previous billing periods are not accepted.
5.11 The Contractor is not liable to Customers and third parties for changes in platform functions and service costs.
5.12 The Contractor provides the Customer access to the platform only in the administrative part and web form for the Customer to configure the platform for their own tasks and needs, the code of the HelpDeskStar Ticket System is the subject of copyright and is not provided to the Customer.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1 Obligations of the CONTRACTOR:
6.1.1 To provide the Customer with services in accordance with the terms of this Agreement.
6.1.2 To transfer the password and login to the Customer's Personal Account.
6.1.3 To provide the Customer with online support through email or chat (Viber, Telegram) or another communication channel at the Contractor's choice. Online support may be provided in the form of consultations on how to use the platform functionality.
6.2 Rights of the CONTRACTOR:
6.2.1 The Customer's Personal Account may be blocked in case of using the free version of the Platform, provided that the Customer uses more than 10 gigabytes of platform disk space.
6.2.2 In case of the Customer's debt regarding the payment for services under this Agreement, the Contractor blocks the Customer's access to their Personal Account.
6.2.3 In case of delay in payment for services under the Agreement for more than 60 calendar days from the moment the debt arose, the Contractor has the right to delete the Customer's Personal Account without the possibility of restoring the information contained therein.
6.3 Duties of the CUSTOMER:
6.3.1 Accept and pay for services in accordance with the terms of this Agreement.
6.3.2 Consume services personally or through Users added to their Personal Account, without providing access to the Personal Account to any third parties.
6.3.3 The Customer undertakes to provide accurate information about themselves when registering on the platform and to keep it up to date. In case of providing false information about themselves, the Contractor has the right to block/delete the Customer's account and deny them access to the platform.
6.3.4 The Customer is responsible for keeping the login and password to their Personal Account provided by the Contractor.
6.3.5 The Customer is responsible for all content created by them and their Users in the Personal Account of the platform. The Contractor does not control the content transmitted through the platform and does not guarantee its accuracy, completeness, and quality.
6.3.6 The Customer is prohibited from using the platform to transmit viruses and various harmful content.
6.3.7 The Customer is prohibited from using the platform for spamming.
6.3.8 The Customer is prohibited from reproducing, copying, selling, reselling, and using any part of the platform for any commercial purposes or for personal purposes, as well as for the benefit of third parties without the permission of the Contractor.
6.3.9 The Customer is prohibited from attempting any unauthorized access or actions to provoke malfunctions in the Contractor's equipment or software.
6.3.10 The Customer must use the amount of gigabytes provided by the tariff chosen by them. In case the Customer uses more gigabytes than provided by the ticket system tariff, the Customer agrees to pay for the cost of the additionally used gigabytes at a rate of 1 GB = 1 US dollar for the billing period.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All rights to the HelpDeskStar ticket system belong exclusively to the Contractor.
7.2 The HelpDeskStar ticket system is a unique and original web program of the Contractor expressed in source and object codes on the Internet website at https://helpdeskstar.org, for which the personal non-property and property rights of the Contractor as the author of the platform are distributed.
7.3 Intellectual property rights to software solutions used in the Platform, including, but not limited to, images, videos, logos, graphics, sounds, program code, belong to the Contractor.
7.4 The Contractor also uses objects of intellectual property rights that may belong to other persons, based on an appropriate license, agreement, or other legal basis.
7.5 By granting the right to use objects and software solutions of the platform by the Customer, the Contractor does not transfer any intellectual property rights to such objects and does not grant permission for their use for purposes other than those defined by this Agreement.
8. LIABILITY OF PARTIES
8.1 In case of violation of the terms of this contract and the payment terms for services, the Contractor has the right to terminate the contract unilaterally and restrict the Customer's access to the Platform.
8.2 If any of the provisions of this Agreement are deemed invalid or unenforceable, this does not invalidate other provisions of this Agreement.
8.3 The Contractor reserves the right to delete content and the Customer's account if, in the Contractor's opinion, it is illegal, offensive, or unacceptable.
8.4 The Contractor reserves the right to refuse to provide services in the event of verbal, written, or other forms of abuse from the Customer or their Users towards the Contractor or the Contractor's employees.
8.5 The Platform is provided "as is". The Contractor shall not be liable for adverse consequences or any damages caused by access restrictions to the platform and the use of information posted on it, which may be caused by restrictions imposed by the mail service to which the Customer's account is linked, the quality of communication channels for information transmission, or the actions of the Customer.
8.6 The Contractor shall not be liable for:
8.6.1 any lost profits incurred by the Customer as a result of proper or improper performance of the Agreement by the Contractor;
8.6.2 the actions/inaction of the Customer during their use of the Platform under this Agreement;
8.6.3 to end consumers of products or services provided by the Customer through the Platform, including the quality of the products, their proper or improper condition, deception, failure to perform or improper performance of obligations by the Customer to end consumers, the accuracy or inaccuracy of the information posted/advertised by the Customer through the Platform;
8.6.4 any lost profits of the business model proposed by the Customer, which they integrated into the marketing prepared upon their order through the Platform.
8.7 The Customer undertakes to indemnify the Contractor against any liability - legal, administrative, moral - for all possible claims, fines, damages, and expenses arising from the actions of the Customer and/or their Users when using the Platform.
8.8 The Contractor shall not be liable for defects in the operation of the Platform caused by reasons beyond their control (quality of Internet access channels, quality of power supply, actions not stipulated by the contract of the Customer's personnel, etc.).
9. DISPUTE RESOLUTION
9.1 In case of disputes, the Parties will take pre-trial measures to settle the disputes.
9.2 The Parties have agreed that the case will be heard by a court located at the place of registration of the Contractor.
10. FORCE MAJEURE
10.1 The Parties are released from liability for partial or complete non-performance of obligations under this Agreement if such non-performance is a result of force majeure: earthquakes, hurricanes, floods, fires, epidemics, other catastrophes and natural disasters (force majeure), military actions, actions (acts) of state authorities and management, strikes, and other circumstances beyond the Parties' control.
10.2 Force majeure circumstances include natural disasters, war and military operations of any kind, blockades, embargoes, export and import bans, epidemics, state actions, strikes, civil unrest, as well as administrative and legal acts of state authorities and other extraordinary circumstances that the Parties could not foresee at the time of signing and during the execution of the Agreement. The Contractor has the right to extend the deadlines for the execution of the Agreement for the period during which force majeure circumstances exist.
10.3 In the event of force majeure circumstances, each Party must promptly notify the other Party in writing within 15 days from the occurrence of the circumstances specified in clause 8.1 of the Agreement. The notification must contain information about the nature of the circumstances, as well as official documents confirming the existence of these circumstances and, if possible, provide an assessment of their impact on the ability of the Party to fulfill its obligations under this Agreement.
11. OTHER TERMS
11.1 By entering into this Agreement, the Customer grants the Contractor the right to collect, process, and store their personal data in accordance with the Privacy Policy.
11.2 The Contractor may unilaterally amend the terms of this Agreement with prior notice to the Customer sent to the Personal Cabinet. In case of disagreement with the amended terms, the Customer has the right to terminate the Agreement unilaterally.
11.3 The Contractor reserves the right to make changes to the operation of the platform (or its parts) at any time without prior notice to the Customer.
11.4 Unless otherwise provided by this offer, the usual contractual terms established by law apply.
11.5 The Contractor uses the Customer's personalized information exclusively to ensure the quality provision of services and their accounting. The Contractor does not disclose personalized data of some Customers to other platform users.
11.6 The Contractor never publishes personalized information in the public domain and does not transfer it to third parties.
11.7 All data created by the Customer in their account belongs to the Customer. However, when the Customer posts data in the public section of the platform, the Customer agrees that such data becomes accessible to third parties.
11.8 The Customer understands that the operation of the service technology requires the transmission of Customer content over computer networks, as well as changes to its compliance with technical requirements.
12. CONFIDENTIALITY TERMS
12.1 Each Party undertakes not to use the information obtained under this Agreement for purposes directly or indirectly detrimental to the other Party and/or for obtaining any benefits during the term of the Agreement.
12.2 The Parties agree that any information on any data carriers transmitted or received under this Agreement or in connection with its performance (email correspondence, phone calls, Viber, Telegram, or using other means of electronic communication, etc.) shall be considered confidential and shall not be disclosed to a third party without the mutual consent of the Parties.
12.3 Confidential information does not include information defined by applicable law as open and subject to disclosure by the Parties. The terms of this agreement and the Technical Task for the implementation of the system are confidential and are not subject to disclosure.
12.4 All information provided by the Parties to each other, in any form, remains the exclusive property of the Party that provided such information unless otherwise provided by this Agreement. Upon written request, data carriers and any copies thereof must be promptly returned or destroyed at the first request of the Party.
12.5 Each of the Parties undertakes not to disclose the existence of this Agreement without the prior written consent of the other Party, except in cases where such disclosure is necessary in cases defined by the law applicable to this Agreement.
12.6 If a third party files a claim against one of the Parties or takes other legal action that may result in the disclosure by one of the Parties of confidential information, the Party against which such actions are taken shall immediately inform the other Party to this Agreement.
12.7 During the term of this Agreement and within 3 years after its termination, the Contractor is prohibited from disclosing the information specified in this Agreement.
12.8 The Party under this Agreement shall be liable for: unintentional disclosure (publication) or use of confidential information if it does not exercise the same degree of care as it would with respect to its own confidential information of similar importance and, after discovering the unintentional disclosure or use of this information, does not attempt to cease its unintentional disclosure (publication) or use; unauthorized disclosure (publication) or use of confidential information by persons working or who have worked for it on the basis of an employment contract (contract), civil law contract, or on any other basis, if it fails to protect this information with the same high degree of care as it would with respect to its own confidential information of similar importance.
12.9 The Customer grants the right to use their personal data.