1. TERMS
1.1 Individual entrepreneur Oleksiy Yuriyovych Shvedun, registration address: index 08150, Ukraine, Kyiv region, village Nove, street Chkalova №68 (hereinafter referred to as the Contractor) publishes this Public Agreement (Agreement and / or Offer) for the provision of services on the website https://bill-mill.ua/ by the Contractor.
1.2 Pursuant to Article 633 of the Civil Code of Ukraine (CC of Ukraine), this Agreement is a public contract, and in case of acceptance (acceptance) of the following conditions, any capable natural or legal person (hereinafter the User) undertakes to comply with this Agreement.
1.3 In tis offer, unless otgervise specificif, the following terms are usd in tis sense:
• Offer - a public offer addressed to any able-bodied natural and / or legal person to enter into a Public Contract for the provision of services on the terms contained in this Agreement, subject to all annexes;
• Acceptance - full acceptance by the User of the terms of the Agreement;
•Administrator - LLC "Bill-Mill +", legal address: 01032, Kyiv, st. Saksaganskogo №119, office. 30 (or Company).
• Contractor - The individual entrepreneur Shvedun Oleksiy Yuriyovich, address of registration: postal code 08150, Ukraine, city Kyiv, str. Chkalova number 68, the subject of business activities, which provides services for the sale of packages of services on the site in accordance with the return and paid package of services Customer (or retailer).
• Website - the website https://bill-mill.ua/, which is administered by the administrator and is a communication platform for placing temporary informational ads with possible links to the Internet sites of users (hereinafter the Announcement), in accordance with the user's chosen package of services ( further on the text - Site);
• User - any able-bodied natural or legal person who has accepted the terms of this Agreement and uses the services of the site.
• Service package - announcements, text messages and provided services of the site within any of the paid service packages provided to the User in accordance with (addition №1).
• Service - any operation that is not a supply of goods related to the provision of a service that is consumed in the process of performing a certain action or carrying out a certain activity to meet the personal needs of the user;
• Bill-mill services / services - any paid services provided through the Site (for example, including, but not limited to, all its features, text, data, information, software, graphics or photographs, drawings, etc. etc., etc.), and any other services provided through the services of the Site.
• Account - an electronic account of the User in the functional system of the Site, through which he/she can manage his/her ads on the Site. The account can be used only by one User, data transfer to access your account to another user (other person) is not allowed;
• Registration - acceptance by the User of the offer for concluding this Agreement and the procedure during which the User by filling in the appropriate forms of the Site provides the necessary information to use the services of the Site. Registration is considered complete only in case of successful completion of all its stages.
• Personal data is information or a set of information about an individual that can be used to identify.
• Placement is the publication of advertisements by the User in accordance with the selected package of services. Placement is not any minor change to an existing ad: a change in terms, characteristics, region, etc..
1.4 If the User does not agree with this Agreement in whole or in part, the Contractor asks him to leave this site. These terms govern the User's use of the Billmill Site and Services. Use of the Billmill website means that the User is familiar with this Agreement, understands and accepts its terms.
1.5 By using Billmill, or by going through the registration procedure, the User confirms his ability to accept and accept the terms of the Agreement in full, without any reservations or exceptions. In case of disagreement of the User with any of the provisions of this Agreement, the User is not entitled to use Billmill services.
1.6 The Contractor offers the User services to use the Site to place ads with links to sites where goods (services) may be placed in order, including, but not limited to, further purchase or sale of various goods and services by other Users.
1.7 All agreements are concluded between Users directly. Thus, the Contractor is not a party to the agreements of the Users, but only provides services for data processing and placement of ads on the site.
2. PLACEMENT OF ADVERTISEMENTS
2.1 The user gets the opportunity to place ads on the Site after full initial registration on the site in the test mode of activation of a personal account / account within 30 calendar days. The user gets the opportunity to place ads on the Site after payment for the service package in accordance with the terms of the service package (addition №1).
2.2 The user also has the right to register on the Site in order to receive additional services by filling out a form indicating a valid e-mail address, which can be accessed only by the user, mobile phone numbers and other data required for registration. After that, the User receives an e-mail confirming the registration, which contains a link that you need to follow to complete the registration and create an account.
2.3 Use of the Site's features and services by both registered and unregistered Users constitutes a commitment to abide by the rules and instructions for using Billmill's services, including this Agreement.
2.4 The User is responsible for all actions using his e-mail address, mobile phone number and password to log in to the Site. The User has the right to use the services of the Site only with his own e-mail address, mobile phone and password. In case of transfer of data for access to the account / account to another user (another person), such account / account may be blocked at the discretion of the Site Administration.
2.5 The user agrees to maintain the confidentiality of the password and not to disclose / pass it on to third parties.
2.6 The User is obliged to immediately change the data for logging in to the Site, if he has reason to suspect that his email address, phone number and password used to log in to the Site have been disclosed or may be used by third parties.
2.7 The User who places advertisements on the Site undertakes to place information in accordance with this Agreement and the instructions provided on the Site and to provide accurate and complete information about goods or services. By posting information about a product or service, the User confirms that he has the right to sell this product or provide this service in accordance with the laws of the countries in which they are sold.
2.8 The user guarantees that the products / services offered by him, to which his ads refer, meet the quality standards established by the legislation of the countries for which they are sold and are free from claims of third parties.
2.9 The User guarantees that the services offered by him, in accordance with the links of his advertisements, if their provision requires special permission, will be provided in accordance with the laws of countries whose special authorities will be authorized to supervise such activities of the User..
2.10 The user is obliged to carefully check all information about the goods and services to which his ads are posted on the Site, and in case of incorrect information, add the necessary information to the description of the product or service. If it is not possible to correct incorrect information, the User has the opportunity to cancel the ad and re-place information about the product or service within 30 calendar days from the date of payment of the selected package of services.
2.11 The Administrator has the right to move, complete or extend the period of demonstration of the User's ads for technical reasons under the control or control of the Contractor. The Administrator has the right to terminate the demonstration of the announcement, if the User has registered the announcement, in violation of the terms of this Agreement or applicable law.
2.12 The user is prohibited from:
2.12.1 Post ads with duplicate punctuation and / or non-alphanumeric headlines;
2.12.2 Post ads whose description and / or title / photos are unrelated, unreadable;
2.12.3 Insert links to resources that contain harmful and dangerous elements or links to their site page;
2.12.4 Рplace ads with links to goods or services, if such placement may lead to a violation of applicable law;
2.12.5 Ads can be sampled (moderated) both before and after posting.
2.12.6 Advertising is not permitted for ads with links to sales and advertising:
• alcoholic beverages;
• cigarettes and tobacco products;
• drugs and precursors;
• pornographic materials or objects;
• pharmacological products, medicines;
• stolen, illegally obtained goods;
• items that endanger life and health;
• human organs and animal organs;
• non-existent goods;
• special technical means for obtaining secret information;
• state awards;
• personal documents and forms of these documents;
• databases;
• firearms, melee weapons, traumatic weapons, as well as ammunition and accessories;
• special means of active defense used by law enforcement agencies;
• walrus fangs, elephant and mammoth tusks outside the product, as well as precious metals and stones outside the product;
• rare and prohibited for sale animals, including animals listed by the CITES International Convention on Trade in Rare and Endangered Species of Flora and Fauna);
• any other goods and services prohibited by law.
2.13 The administrator has the right to block ads at the request of the copyright holder or the competent state authorities. The administrator also reserves the right to remove any ads that, in his opinion, do not comply with the principles and principles of public morality. The decision to remove is final and not subject to appeal.
2.14 The administration and moderators of the Site have the right:
• Make spelling and punctuation corrections to the User's ad that do not affect the overall content of the ad;
• Refuse to publish advertisements if they violate this Agreement;
• Ad links do not match the text of the ad itself;
• To facilitate interaction between Users, the Administrator may set limited access to the contact information of other Users. The right to use information provided by other Users is limited by this Agreement.
• The artist is not responsible for the content of ads or hyperlinks to resources specified in the description of user messages;
• The subject of advertisements may be references to goods or services, the sale of which is not prohibited or restricted in accordance with the laws of the country in which they are sold, and does not contradict this Agreement..
•To account for the number of ads placed, 1 (one) Placement is taken per unit.
3. CONDITIONS OF PROCESSING OF PERSONAL DATA OF USERS AND CONSENT TO PROCESSING
3.1 In case of placing advertisements, the users of the Site grant the Administrator the right to process their personal data under the conditions provided for in Annex №2 (PRIVACY POLICY) to this Agreement..
4. INFORMATION PROVIDED BY THE USER
4.1 The Contractor reserves the right to contact the User: send information messages to the e-mail and physical address specified during registration, and send messages to the User's mobile phone.
4.2 The collection of information is carried out by independent, using the software of the Site, the User indicates the relevant data necessary for placing ads on it.
4.3 The technical information contained in the system, such as the IP address, in accordance with the general rules of Internet communications, is used by the Administrator for the purpose of maintaining network equipment and to aggregate general statistical, demographic information (eg region, from which the connection was made by the User).
4.4 The User accesses the services of the Site during the time periods of continuous use - sessions. The Registered User accesses the part of the Site, which is available only after entering their login and password, at least once during the session.
4.5 Recent access to the system is also used to collect statistics on the use of services by Users.
4.6 The User is prohibited from submitting advertisements in violation of the terms of this Agreement or the rights of third parties, in particular, the information must not contain:
• vulgar, offensive expressions;
• propaganda of hatred, violence, discrimination, racism, xenophobia, interethnic conflicts;
• calls for violence and wrongdoing;
• data that violates personal (non-property) rights or intellectual property rights of third parties;
• information that promotes fraud, deception or abuse of trust;
• information that leads to transactions with stolen or counterfeit items;
• information that infringes or infringes on the property of third parties, trade secrets or the right to privacy;
• personal or identifying information about others without their explicit consent;
• information that contains information that infringes on privacy that offends someone's honor, dignity or business reputation;
• information that contains slander or threats against anyone;
• information of a pornographic nature;
• information that harms minors;
• false and false information, information that is misleading;
• viruses or any other technology that may harm the Site or other users;
• information about services considered immoral, such as prostitution or other forms of morality or law;
• information that is "spam", "letters of happiness", "pyramid schemes" or unwanted or false commercials;
• information disseminated by news agencies;
• information that otherwise violates the laws of the country for which the ad is intended.
4.7 In case of submission of an advertisement with references to offers of services subject to licensing, the text of the advertisement must indicate the license number and the name of the body that issued the license.
5. REASONS FOR BLOCKING ADVERTISEMENT
5.1 The User's advertisement may be blocked due to the User's violation of the terms of this Agreement, and for the following reasons:
• The information contained in the announcement is contrary to this Agreement, the Rules of Publication of Advertisements and / or the law;
• The information contained in the ad is incorrect;
• The title of the ad does not contain information about the offered / requested product / service;
• The headline contains recurring exclamation marks and questions, periods, and other characters;
• The photo has no obvious semantic connection with the ad text or is not intended to adequately illustrate the ad text;
• Poor quality photo, the depicted object is indistinct;
• There is a complaint from the owner of intellectual property rights, and / or a request from an authorized public authority;
• A substantiated complaint of another User about the violation of his rights in the ad is provided.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1 All objects available through the services, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects, as well as any content posted on the services of the Site, are the objects of exclusive rights of the Administrator, Users and other rights holders.
6.2 The use of content and any other elements of the services is possible only within the functionality offered by one or another service of the Site. No content elements of the Site's services, as well as any content posted on the Site's services, may be used in any other way without the prior permission of the copyright holder. By use is meant, including, but not limited to: reproduction, copying, processing, distribution on any basis, etc.
6.3 In order to grant the Contractor the right to place advertisements provided by the User, the User grants the Contractor a universally valid (territorially unlimited), perpetual, irrevocable, non-exclusive, sublicensed right to use, publish, collect, demonstrate, copy, duplicate, reproduce, disclose objects of copyright, publications and databases owned by the User, as well as information provided to them, images and photographs on all known or unknown media. The above rights are provided to the Contractor free of charge (without payment of remuneration). In this case, the User retains all property rights to the content of the information placed in the ad. In addition to the above, the User grants the right to access the information posted by him to all users of the Sites. The User agrees that the text of advertisements, photos, and other materials attached to the advertisement may be used by the Contractor in the preparation of promotional materials, articles, reports, analyzes, etc., and used by the Contractor at its discretion without further consent User, without remuneration.
6.4 By using the services of the Site, the User confirms that he is personally responsible for the content of his ads and links, and has all necessary rights, licenses, permissions to place information in ads on the Site including without limitation all patents, trademarks, trade secrets, copyrights , or has the appropriate written consent, license or permission of all persons and companies identified in the advertisement to use their names, trademarks, or images, as required by applicable law.
6.5 The user undertakes:
• Do not take actions that could lead to a disproportionately large load on the infrastructure of the Site;
• Do not use automated programs to access the Site;
• Do not copy, reproduce, modify, distribute or disclose to the public any information contained on the Site (other than information provided by the User);
• Do not interfere with or attempt to interfere with work or other activities on the Site; and not to interfere with the actions of automated systems or processes, as well as other measures, in order to prevent or restrict access to the Site;
• Do not use the information provided by other Users for purposes other than to enter into an agreement directly with this User without the written permission of another User. This clause of the Agreement does not include personal data of the User, which the latter provides during registration.
• Use the right to place ads in accordance with the selected and paid package of services no later than within 30 days from the date of payment.
6.6 It is forbidden to the user:
• Discussion of actions of moderators and administration of the Site in other ways, except by means of electronic correspondence with moderators;
• Use User names similar to those of other Users to impersonate and write messages on their behalf.
6.7 Access to the User's personal data by other Users is possible only with the written consent of the User for such access or to comply with the relevant legislation.
6.8 The Administrator undertakes to make every effort to properly perform its duties under this Agreement, including the normal operation of the Site services and non-disclosure to third parties of personal data provided by the User, except as provided by law.
6.9 The Contractor may periodically set restrictions on the use of the Site's services, in particular, the maximum number of days of storage of ads and their size. The Contractor has the right at any time to change or terminate the services of the Site or part thereof with or without notice to the User, without liability for such changes or termination.
6.10 In order to maintain the high quality of its services, the Contractor reserves the right to limit the number of active ads of the User on the Site, as well as to limit the actions of the User on the Site.
6.11 The Administrator may deny the User access to the Site if the User violates the terms of this Agreement. The fact of violation is considered confirmed if the User has been notified by the administration of the Site about the activities that violate the rules of the Site, or the rights of third parties. The Administrator reserves the right at any time to delete or disable the User's account, as well as delete all placed ads of the User, leaving the previous notice of the User of such disconnection at its discretion, and not responsible for their actions to the User and third parties .
6.12 The Contractor has the right not to accept, delete or move any advertisement posted on the Site for violation of the terms of this Agreement..
6.13 The Administrator has the right to transfer the Site with all its services and content, including personal data of Users, to his successor, under contracts or on other grounds. Transfer and notification of Users about such transfer is carried out in accordance with the requirements of current legislation of Ukraine.
6.14 The User has the right to send complaints about the work of the Site through the feedback form, which will be considered within three working days from the date of receipt or from receipt of full information on the merits of the complaint.
6.15 The Contractor reserves the right at any time to require the User to confirm the data provided by him during registration and request in this regard supporting documents (in particular - copies / certified copies of identity documents), non-provision of which, at the discretion of the User , can be equated to providing inaccurate information. If the User's data provided in the documents provided to them do not correspond to the data provided during registration, and if the data provided during registration do not allow to identify the User, the Contractor has the right to deny the User access to the services of the Site. by the message of the User or without the message.
7. PAYMENT FOR SERVICES
7.1
The order (acceptance) of paid Bill-mill services is made by the User on the relevant page of the service order, subject to the availability of a personal account, in accordance with the selected service package and means provided by the Contractor, including directly on the Contractor s details.
7.2 The User undertakes to get acquainted with the cost of paid services of the Contractor. The cost of service packages is posted on the order page (addition №1).
7.3 Reimbursement of funds paid for services not provided is made by the Contractor in the following cases:
• If due to any technical problems the service was not provided, the refund will be made after the User provides proof of payment.
• Funds paid for the placement of advertisements for prohibited goods, services, offers, the list of which is determined by this agreement, when blocking the account is not returned.
• Funds paid for the selected and paid by the user package of services are not refundable if the user has not used the opportunity to place ads, in accordance with the purchased package of services within 30 calendar days.
7.4 The User agrees that the confirmation of the provision of services by the Contractor is a statement of personal account, which is formed by the Contractor on the basis of data available on the User's account. The Contractor provides a Personal Account Statement only at the request of Users.
7.5 Paid services provided by the Contractor shall be deemed to have been performed in full, accepted without comments on the quality and term of provision, if within 30 days after payment of the selected package of services the User has not notified the Contractor in writing of conditions or circumstances that may confirm otherwise.
7.6 The Contractor provides Acts of acceptance and transfer of services provided to business entities registered in the manner prescribed by the legislation of Ukraine, in electronic form using an electronic digital signature, or on paper in accordance with applicable law.
7.7 Such User undertakes within 5 (five) calendar days after receipt of the Act in electronic form or on paper to sign the Act (using electronic digital signature, if necessary) and send the Contractor a signed copy of the Act, or within the same period To the executor the motivated refusal to sign the Act with the indication of the reasons of refusal to sign. If the User does not send the signed Act within the specified period, or a reasoned refusal to sign it, paid services provided by the Contractor are considered accepted without comments on the quality and timing.
7.8 Acts of acceptance and transfer of services provided are provided to business entities only in the case of payment for services directly to the Contractor to the account, according to the relevant details, without using the services of payment providers.
8. LIMITATIONS OF LIABILITY
8.1 By using the services of the Site, the User confirms his agreement that he uses the Site and its services at his own risk "as is", assesses and bears all risks associated with the use of ads posted on the Site, and the Contractor, Administrator, in including its management, employees and agents, are not responsible for the content of ads posted on the Site, any losses and losses resulting from the use of ads posted on the Site.
8.2 The Contractor is not the organizer / initiator of the agreement between the Users or its party. The site is a trading communication platform that allows users to place ads for sale, sell and buy legally permitted goods and services at any time, from anywhere and at any price.
8.3 The artist cannot control the accuracy of the information placed by users in the ads. The Contractor shall not be liable for any damages caused by the transaction or misconduct of any of the parties to the agreement.
8.4 The Contractor is not responsible for the behavior of Users, or for the links offered by them, and the goods / services specified in the ads. All disputes and conflicts between Users are resolved by them independently without the involvement of the Contractor.
8.5 The Contractor is not responsible for any unauthorized access or use of the Administrator's servers and / or any user information stored on them, as well as for any errors, viruses, "Trojan horses", etc., which may be transferred to the Site or through the Sites by third parties.
8.6 The quality, safety, legality and conformity of the product or service of their description, as well as the possibility of the User to sell or purchase the product / service are beyond the control of the Contractor.
8.7 The Administrator urges Users to be careful and maintain common sense when using the services of the Site. The user must take into account that his counterparty may not have the appropriate capacity, or pretend to be another person. The use of the Contractor's services implies that the User is aware of and accepts these risks, and also agrees that the Contractor is not responsible for the actions or omissions of the User.
8.8 The user assumes full responsibility for his actions.
8.9 If the User has claims against another User as a result of using the latest services of the Site, the User agrees to make these claims independently and without interference from the Contractor or the Administrator and also exempts them from all claims, obligations, compensation for damages, costs (costs), including attorneys' fees, known or unknown, resulting from or in connection with such claims.
8.10 Inaction on the part of the Administrator in case of violation of the provisions of the Agreement by the User or other Users does not deprive the Contractor of the right to take appropriate action to protect their interests later, and does not mean the Contractor's waiver of rights in case of such violations.
8.11 The User has the right to inform the Contractor about the fact of violation of his rights by another User. In case of validity of the User's complaints, the Contractor at its discretion removes the ad that violates the rights of the User.
8.12 The Contractor shall not be liable for non-performance or obstruction of the obligations to provide access to the Site due to force majeure circumstances, the consequences of which cannot be avoided or overcome (such as government decisions, labor disputes, accidents, disruptions in the general communication system and etc).).
8.13 The Contractor is not responsible for malfunctions of the Site caused by technical failures in the operation of hardware and software.
8.14 Under no circumstances shall the Contractor be liable for direct, indirect damages or penalties of any nature (even if the Contractor has been warned of the possibility of such damages) as a result of the use of the Site and its services by the User, including, without limitation, which damages / damage resulted from the use or improper use of the Site and its services.
8.15 Nothing in the Agreement shall be construed as establishing between the User and the Contractor an agency relationship, a partnership relationship, a joint venture relationship, an employment relationship, or any other relationship not expressly provided for in the Agreement.
8.16 The Contractor is responsible for advertising placed on the services of the Site, within the limits established by applicable law.
8.17 The Contractor is not responsible for storing information from the account, the possibility of using the services of the Site, saving and using the funds in the personal account of the User, in case of blocking / prohibiting the use of third-party services through which the User registers and / or logs beyond the control of the Contractor.
9. TERM OF THE AGREEMENT AND TERMINATION OF SITE SERVICES
9.1 This Agreement enters into force from the moment of use by the User of any service of the Site, or from the moment of registration of the User on the Site, and is valid indefinitely.
9.2 The User has the right to terminate his registration on the Site unilaterally, without prior notice and explanation.
9.3 If the Contractor has made any changes to the Agreement in the manner prescribed by paragraph 10.1. Agreements with which the User does not agree, he is obliged to stop using the services of the Site. The fact of continued use of the Site is a confirmation of the User's agreement with the relevant version of the Agreement.
9.4 Termination of the Agreement by the Contractor may occur in the following cases:
9.5 Violation of the provisions of this Agreement, causing any damage to the Contractor, including his reputation, or users of Bill-mill;
9.6 Other actions that are contrary to the policy of the Administrator;
9.7 Legal relations can be restored only after the administrator makes a decision.
10. MAKING CHANGES TO THE AGREEMENT
10.1 The Agreement may be amended by the Contractor without any special notice, the new version of the Agreement shall enter into force upon its posting on the Internet at the address specified in this paragraph of the Agreement, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always on the page at https://bill-mill.ua/.
11. OTHER TERMS
11.1 Ads intended for a wide range of Users are published on the Site and / or sent to the e-mail addresses of Users who have confirmed their consent to receive such messages in the process of publishing ads / registration on the Site.
11.2 In the event of disputes and disagreements between the Parties under or in connection with this Agreement, the Parties undertake to resolve them through negotiations. If any dispute, disagreement or claim arising out of or in connection with this Agreement, including its implementation, breach, termination, or invalidity, cannot be settled through negotiation, such dispute shall be settled. are considered in accordance with applicable law in court.
11.3 This Agreement is governed by and construed in accordance with the laws of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine. All possible disputes arising from the relations regulated by this Agreement shall be resolved in accordance with the procedure established by the legislation of Ukraine, in accordance with the norms of the law of Ukraine.
11.4 Everywhere in the text of this Agreement, unless otherwise stated, the terms "current legislation" means the legislation of Ukraine and all normative and regulatory documents in force in Ukraine.
11.5 The recognition by a court of any provision of the Agreement as invalid or not subject to enforcement shall not entail the invalidity or non-compliance with other provisions of this Agreement.
Addition №1
