This Service Agreement (hereinafter referred to as the Agreement) regulates the procedure for the provision of services by ADEF-UKRAINE Publishing House (hereinafter referred to as the Service). This Agreement is a public contract and has the appropriate legal force. For a person who carries out or intends to carry out a publication in the Service (hereinafter referred to as the Publisher, Publishers), the act of full acceptance of this Agreement is the filling in and sending of the registration form in the Service. For a person who purchases goods and services on the Service (hereinafter referred to as the Buyer, Buyers), the Agreement shall enter into force upon completion and submission of the purchase order form. If the Publisher or the Buyer does not agree with any of the clauses of this Agreement, or with the Agreement as a whole, they should refrain from using the Service. The use of the Service services implies the consent of the Service users (Publishers and Buyers) to the rules, terms, restrictions and other terms of cooperation set forth in this document. By accepting this Agreement, the Publisher and/or the Buyer of the Service (hereinafter referred to as the User, Users) confirms that:
a) he/she is an adult and legally capable person who can carry out transactions at his/her own decision and at his/her own discretion;
b) his actions are really aimed at obtaining the services of the Service, they do not contain malicious intent, fraudulent intentions, attempts to disrupt the normal operation of the Service, gain unauthorized access to information that is the intellectual property or trade secret of the Service, use the service in an inappropriate manner (for example, as an exchange office, for search engine optimization purposes, etc;
в) The User confirms that his actions do not violate the intellectual property rights of third parties;
d) in the case of receiving services provided by the Service only for personal non-commercial use by Users, without the possibility of duplication and sale, the User will not violate the procedure for providing such services;
e) the contact information provided by the User of the Service is correct, complete and up-to-date;
f) when making payments to the Service, the User has the legal rights to make such payments;
g) when receiving payments from the Service, the User has the legal rights to receive such payments.
1.1. The Service provides the Buyers with exclusive printing services for the production of printed products on demand (hereinafter referred to as the Products, Products).
1.2. Each finished Product produced by the Service as part of the provision of services is made according to the individual order of the Buyer. Returns and exchanges of Products of proper quality are not made.
1.3. In order to minimize the negative consequences associated with the non-compliance of the finished Product of proper quality with the Buyer's idea, the Buyers are strongly advised to familiarize themselves with the reference materials of the Service before placing an order. The list of reference materials is published on the Service website.
1.4. The Service uses modern technologies, equipment and materials to provide exclusive printing services of the highest quality. At the same time, as in any production, the possibility of defects due to human factors, situational incorrect operation of equipment, defects from suppliers of materials, etc. is not excluded.
The Service exchanges or refunds products of inadequate quality if the claim was filed within 3 days from the date of receipt of the product, they were not used, and the loss of quality occurred before the product was sent to the Buyer. To establish the objective reasons for the loss of quality, the Service has the right to conduct a specialized examination.
1.5. Responsibility for the content and quality of the original layout of the product is borne by the Publisher who made this publication within the Service.
The Service shall not be liable and shall not be obliged to replace the Product or refund the money if the improper quality of the Product is due to errors, defects of the Publisher or provision of incomplete (inaccurate) information.
At the same time, upon receipt of a reasonable and substantiated claim from the Buyer, the Service administration may, at its discretion, replace the Product or refund the money at the expense of the accumulated but unpaid royalties (fees) of the Publisher.
1.6. If the absence or inactivity of the Buyer interferes with the normal provision of the service (for example, if the Buyer is not at the address at the time of delivery agreed with the courier service, the Buyer does not send the order to the post office within the time limits set by the postal service for receipt, etc.
1.7. The copyright to all proprietary images provided by the Buyer in the course of providing services belongs to the Buyer.
To be informed promptly of changes in the procedure for providing the Service, the work schedule, as well as to transmit other relevant news and messages, the Buyer agrees to receive from the Service both regular mailings and urgent (unscheduled) messages by e-mail, fax, regular mail, etc. The Service provides an opportunity to terminate the subscription at the request of the Buyer.
2.1. The Service provides Publishers with the services of storing original layouts, printing and distribution of printed products on demand (Products).
2.2. Services are provided to Publishers on a paid basis. The payment for the provision of services shall include the price of production, administrative fee and other service charges.
2.3 The Publisher shall be solely responsible to third parties, the Buyer, and the Service for the observance of copyrights, related rights, and other intellectual property rights to all materials provided for publication through the Service.
2.3.1. Copyright, related rights, and other intellectual property rights to the materials provided for publication, the author of which is the Publisher, are fully reserved by the Publisher, unless otherwise provided for in a separate written agreement in a format acceptable to the Service, the Publisher, and other interested parties.
2.3.2. If the Publisher publishes a work of another author without his/her permission and payment of royalties solely for personal use and use within the family, without the possibility of its further distribution, sale within the Service, etc., the Publisher shall be solely responsible to third parties, the Buyer, the Service for maintaining a personal non-commercial regime for receiving such a service.
Violation of such a regime shall be grounds for immediate termination of the Service's cooperation with the Publisher with simultaneous withholding of 100% of the funds on the Publisher's balance sheet, regardless of the source of funds.
2.4. The remuneration paid to the Publisher by the Service on a general basis is the only possible compensation in favor of the Publisher, except in cases separately agreed between the Publisher and the Service and recorded in a written document signed by both parties. In the absence of such a document, no other payments can be accrued and made.
2.5. The Service has the right to make deductions from the Publisher's remuneration in the following cases:
* A claim for a fraudulent credit card payment made by a payment system or servicing bank;
* Other situations related to the Service being claimed by third parties regarding the Publisher's actions in the Service or direct losses of the Service caused by incorrect actions of the Buyers of the products published by the Publisher.
In the event of the above situations, the Service shall immediately block the amount of possible losses on the personal account of the Publisher and notify the Publisher thereof. The Service and the Publisher undertake to make every effort to resolve the problem in a manner that takes into account mutual interests. If this cannot be achieved within a reasonable period of time, the amount of losses shall be debited from the Publisher's account in favor of the Service.
2.6 For prompt notification of changes in the procedure for providing the Service, the work schedule, the list of Products and materials, as well as for the transmission of other relevant news and messages, the Publisher agrees to receive from the Service both regular mailings and urgent (unscheduled) messages by e-mail, fax, regular mail, etc.
Refusal to receive notifications is carried out by completely deleting the Publisher's account in the Service. To do this, the Publisher should contact the support service with a corresponding letter and indicate the login, having previously zeroed the balance (i.e., initiating a request for payment of funds on the balance). In case of deletion of an account with a non-zero balance, no payment will be made.
3.1. Users are obliged to provide accurate and truthful information in the amount necessary to provide the services they purchase. The Service does not sell or transfer information about Users to third parties, except as expressly provided by law.
3.2. Publishers have partial access to information about the buyer. At the same time, they do not have access to information of the highest degree of confidentiality (payment details, etc.)
3.3 Provision of inaccurate contact information or failure to provide information upon request may result in a delay in the provision of services until accurate data is received.
4.1 The Service acts in the interests of Publishers and Buyers. In the event of a dispute between the Service and its Users, as well as with the participation of third parties, we take all legal actions to protect the interests of our Users.
4.2. The impossibility of fulfilling the order or its untimely fulfillment may be caused by circumstances caused by the human factor, or by events of force majeure caused by social and natural disasters (wars, fires, floods, revolutions, etc.).
4.3. In case of impossibility to fulfill its obligations for the reasons specified above (excluding force majeure), the Service shall be liable within the amounts received from the Buyers as payment for the services.
4.4. The Service does not bear and under no circumstances can bear any material and other liability beyond the amounts received from the Buyers as payment for the services.
4.5. The Service does not bear any responsibility in the event of force majeure.
4.6. The Service reserves the right to terminate the User's service with the simultaneous write-off of 100% of the accrued remuneration in the following cases:
4.6.1. systematic violation of generally accepted rules of network etiquette: spam, posting materials inciting ethnic / religious hatred, propaganda of hard drugs, destructive ideologies (communism, fascism, totalitarian religious sects), etc;
4.6.2. malicious actions (hacking, attack, etc.) aimed at unauthorized change of the standard procedure of the Service or discrediting the Service;
4.6.3. by court decision, as well as in other cases provided for by law.
5.1. This Agreement is not final and may be amended and supplemented.
Contacts
If you have any questions regarding this Agreement, please contact the Support Service.