Limited liability company “Opentenders.Online” (hereinafter referred to as the “Operator”) represented by its Managing Director, Kolga Vasyl Volodymyrovych, acting on the basis of the Company’s Statute, on the one hand, and ______________________________________________________________ represented by _______________________________ acting on the basis of _________________________ (hereinafter referred to as the “User”), on the other hand, hereinafter referred to as the “Parties”, considering that information and telecommunication system “Electronic platform “Opentenders.Online” (hereinafter referred to as the “Electronic platform”) which is owned by the Operator and which is accessed via the website placed on the Internet at www.dzo.com.ua, that is authorized under the first and third, second and fourth levels of accreditation, according to the Article 634 of the CC of Ukraine and part 4 of the Article 179 of the EC of Ukraine, have entered into this Agreement (hereinafter referred to as the “Agreement on the accession”, “Agreement”) as follows:
1. SUBJECT OF AGREEMENT
1.1. In general and fully on the basis of free will the User joins the terms of the Agreement, including the Regulation of the authorised electronic platform “Opentenders.Online” ” (hereinafter referred to as the “Regulation”), which is its integral part. The Operator provides the User with using the system of electronic procurements via the electronic platform’s website which is placed on the Internet at www.dzo.com.ua (hereinafter referred to as the “Website”).
1.2. The structure and the list of the services, that are provided by the Operator, are defined in the legal acts of the electronic procurement sphere, including the Law of Ukraine “On Public Procurement”, No. 922-VIII of 25 February 2015, Procedure of functioning of electronic procurement system and conducting authorization of electronic platforms, which are approved by the Order of the Cabinet of Ministers of Ukraine No. 166 of 24 February 2016, and other acts of the electronic procurement sphere and levels of Electronic platform’s accreditation.
1.3. The Regulation defines general terms and procedure of providing the services to the User, responsibility of the Operator and the User.
2.1. Any person at his own discretion and responsibility makes a decision to applicate and/or to use the system of electronic procurements (including the Electronic platform) as the user, customer and/or the participant
2.2. The Operator of the Electronic platform at no charge provides to all the users equal access to the electronic procurement information, including the possibilities to monitor the auction’s process in interactive mode of real time, informational support, in particular familiarization with the list of the customers, information of the electronic procurement procedures, precise definition of the time and date of filing and changing any of the documents, that can be promulgated.
2.3. The User’s registration in the electronic procurement system of Electronic platform can be carried out by using one of the following methods of identification/ authorization:
2.3.1. identification through getting from the User bank payment by the Electronic platform. The Operator gives the User an account to pay. The User makes payment on the received account from his own bank with mandatory indication of account details that are mentioned in the account. The Operator of the Electronic platform after checking counts it on the Balance and takes charge for registration under the terms of this Agreement. The customer shall pay all bank fees. The amount is enrolled on the Balance after the payment of all fees.
2.3.2. identification by signing an agreement between the User and the Operator of the Electronic platform.
2.4. The implementation by the User of one of the methods that are defined in p. 2.3. of this Agreement of identification/authorization on Electronic platform is full and absolute acceptance of the offer to execute this Agreement
2.5. The User, who intends to participate in the declared procurement procedure as the supplier of goods, provider of service (services) and/or the performer of works, must authorize as the Participant by using one of the methods that are mentioned in p. 2.3. of this Agreement.
3. OPERATOR’S SERVICE PAYMENT AND PAYMENT FOR REGISTRATION
3.1. The User as the Participant makes a payment of 10.00 hryvnias (ten hryvnias) for registration in the system of electronic procurements. The User’s payments for registration as the Participant shall be credited to his balance and be debited by the Operator as registration fee.
3.2. For the filing by the User the tender offer, which was discovered by the system of electronic procurement, the Operator takes from the Participant fee in the amount of:
- if the cost of the procurement is not more than 20 thousand hryvnias – a non-taxable minimum income of citizens;
- if the cost of the procurement is not more than 50 thousand hryvnias – seven non-taxable minimum incomes of citizens;
- if the cost of the procurement is not more than 200 thousand hryvnias – twenty non-taxable minimum incomes of citizens;
- if the cost of the procurement is not more than 1 million hryvnias – thirty non-taxable minimum incomes of citizens;
- if the cost of the procurement is more than 1 million hryvnias – a hundred non-taxable minimum incomes of citizens.
3.3. The Participant shall make the prepayment of the Operator’s services for filing the tender offer by the User under the terms of 100% in the amount determined in p.3.2. of this Agreement by withdrawal of funds of the Participant’s balance at the time of tender offer opening (service of the automated Participant’s workplace, that reflects Participant’s cash flows, that the Operator received on his account as an advance and which can be used as payment for the Operator’s services).
3.4. The Participant submit the tender offer and the Operator provides the Participant with such services if there are available funds in the Participant's balance in the amount not less than the amount of payment, which is defined in p. 3.2. of this Agreement.
3.5. The balance replenishment of the Participant can carry out in the following order:
the Operator gives the Participant an account, which contains personal details, with the amount of the advance that is defined by the Participant;
the payment of the received account, which contains personal details, with mandatory indication of the payment purpose in the payment order “Making the advance according to Annex №____________”;
the Operator sets off the paid cash on the Participant’s balance within the time which is specified by the banking institution less bank fees.
3.6. In case of cancellation of tenders or admiting them as not held until the opening of tender offers, fees that the Operator received for filing such offer, are returned to the Participant. In this case the Operator returns on the balance the Participant’s paid cash for submission such tender offer.
3.7. All calculations of the Parties under this Agreement shall be made in the non-cash form.
3.8. The Delivery-acceptance certificate of provided services is made unilaterally by the Operator on the day of the actual opening of the Participant’s tender offer.
3.9. If the Participant makes the official request at email@example.com, the Delivery-acceptance certificate of the provided services can be made on paper format and sent to the Participant via post within 5 (five) working days from the day of receipt of the request, but not earlier than the 20th day of the month of the following month of debiting funds from the balance of the Participant.
3.10. The actually provided Operator’s services do not include fees for filing the tender offer which do not exhausted the possibility of bidding canceling or admission them as those that did not take place until the opening of tenders.
3.11. The Participant shall pay a commission fee for statements prepared regarding any commission fees as per the price list of the Bank.
4. PARTIES' RESPONSIBILITY
4.1. For non-fulfillment or improper fulfillment of obligations under this Agreement the Parties bear responsibility according to the legislation of Ukraine.
4.2. The Operator is not responsible for the violation of the informational exchange that is resulting from the failure of any tools of telecommunication, disconnection and disruptions in power network, web portal’s work, discrepancy of the User’s hardware andtechnical complex to work in the system of electronic procurement.
4.3. The parties are responsible for the correctness of the specified requisites in this Agreement and must timely report about their replacement. In case of no reporting there is the risk to have adverse consequences.
4.4. In the case the User gives during registration and/or identification false data and/or non credible documents, the Operator is not responsible for the associated consequences.
4.5. Controversial issues that arise between the Parties in the implementation of the Agreement are resolving through negotiations, and if there is no agreement, they are resolving according to the legislation of Ukraine.
5. EFFECTIVE TERM OF AGREEMENT
5.1. The Agreement takes effect upon its concluding (signing) by the Parties or acceptance of its public offer and is valid until the parties fully perform under the Agreement.
6. CONCLUDING PROVISIONS
6.1. Actual edition of the public offer of the Agreement and the Regulations are available on the Operator’s Website.
6.2. The Operator makes the amendments and additions to the Agreement, including the Regulation, unilaterally with notification on the Website. Such amendments and additions take effect from the moment they appear on the Website.
6.3. This edition the Agreement of Accession to the Regulations of authorized electronic platform «Opentenders.Online» is adopted to replace all previous versions and is valid for new users and the users that signed such an agreement before.
6.4. The representatives of the Parties that are authorized to conclude this Agreement agree that personal data have become known to the Parties according to the conclusion of this Agreement, are included to the personal Parties’ data bases. By entering into this Agreement, the authorized representatives of the Parties give their consent (permission) to the processing of their personal data in order to confirm the authority subject to the conclusion, modification and termination of the Agreement, to ensure implementation of administrative law and tax relations, relations in the field of accounting and statistics, and also for implementation of other legal relations, including spreading (dissemination and/or disclosure) of the data on the website of the Electronic platform.
6.5. The transfer of personal data to third parties is made only in cases envisaged by legislation of Ukraine. The transfer of personal data to third parties in the cases that are not envisaged by legislation, is carried out only by agreement of the Parties. By signing this agreement Representatives of the Parties confirm that they are notified about their rights according to Art. 8 of the Law of Ukraine "On Legal Protection of Personal Data."