Attention! Before using this site (services / site services), carefully read these conditions. If you do not agree with these conditions, then do not use this site. Using this site, including filling out various forms, applications, as well as ordering services with this site confirms your coordination and unconditional adoption (acceptance) by you the terms of this Public Proposal – Offer (Public Agreement).
Public Agreement (Offer)
on the application, acquisition, sale of services
This Agreement between Ukrtransagent CF LLC, in the future, the “Contractor” and the user of the site services – https://ukrtransagent.com.ua/, hereinafter – the “Customer”, is the contract of instructions on the application, the acquisition and sale of services and determines The main conditions, acquisition and sale of services through the site. The customer, acting in order to acquire services, fully and certainly accepts the terms of the contract (purchase and sale) of customs-brokerage services on the following conditions.
Definition of terms
1.1. Public offer (hereinafter – “Offer”) – a public proposal of the Contract or addressed to the undefined circle of persons, to conclude a contract with the Contractor to the provision of customs-brokerage services with a remote way (hereinafter referred to as “Treaty”) on the terms contained in this offer, Including all applications to the contract.
1.2. Website-Internet shop https://ukrtransagent.com.ua/, including all web pages.
1.3. Services – the actions of the Contractor who lead to the result, which is posted on the site. Services are consumed in the process of committing a certain action or implementation of certain activities.
Ukrtransagent CF LLC provides customs-brokerage services, namely:
Customs formlization of goods in different customs regimes
Entry summary declaration UA
Financial guarantees Ukraine
Guarantee for the EAEU country
EPI / copies of TIR Carnet
Consulting services regarding foreign economic activities
1.4. The customer is any individual, an individual is an entrepreneur, a legal entity orders and / or receiving services using the site. The recipient and payer are also customers.
1.5. Application of the customer through the site and / or by telephone communication, sending messages to e-mail, to the messengers to the Contractor asking / task to sell / provide services.
1.6. The payer is a person paying the application.
1.7. The recipient is a person specified by the payer as a person authorized to receive a service according to the application. Unless otherwise specified in the application form, the recipient is a payer.
1.8. Proposition – information posted on the site about a specific service, which can be purchased by any consumer / customer. The proposition includes: information about the service itself, information about its price, payment and service methods, as well as other conditions for purchasing services by the customer. Terms of proposal are determined by the Contractor. The proposal is not an public terms&conditions but only information, on the possible conditions for acquiring services.
1.9. WayForPay – a software and hardware complex of the operator or person with which the operator has entered into the appropriate contract, carries out accounting and processing of payment transactions initiated by payers whose compliance with the requirements is confirmed by the PCI DSS Standard Certificate
2.1. The information below is the official proposal (offer) of the site https://ukrtransagent.com.ua/ to any physical person, individual entrepreneur, legal entity (hereinafter – the customer) to conclude a contract. This contract is public, according to the Article 633 of the Civil Code of Ukraine and its conditions are the same for all customers.
2.2. According to the Article 642 of the Civil Code of Ukraine, the full and unconditional adoption of the conditions of this proposal (offer), which confirms the conclusion of the contract on the conditions proposed below, is the fact of execution and confirmation of the order.
2.3. Making the order, the customer concludes an agreement (that is, the terms of this proposal (offers) and confirms the coordination and unconditional acceptance of the terms of the contract (this offer (offer).
Subject of the Agreement
3.1. The subject of this Agreement is the relationship between the Contractor and the Customer, with the aim of providing the Customer on a paid basis of customs-brokerage services on the basis of the application adopted by the Customer from the Customer’s application through the site according to the executive in the Contractor (later – rates) of the Contractor to such services.
Materials and services of the site are provided by “as is” without any guarantees. The Contractor does not guarantee the accuracy and completeness of materials, programs and services provided on the site.
3.2. The Contractor has the right to unilaterally change the conditions for the provision / provision of services (this Agreement) at any time. Such changes come into force on the place of their placement (new version) on the site, unless the deadline for entry into force is not determined by the Contractor upon publication.
3.3. In accordance with the terms of the Agreement, the Contractor assumes
to undertake the obligation to provide the User with the Services, in accordance with the terms of the Agreement and the information posted on the Site.
Obligations of the Contractor and the Customer
4.1. The Contractor undertakes:
4.1.1. to assume obligations for the provision of the Services specified in this Agreement;
4.1.2. not to distribute information received from the Customer or other sources that affect the interests of the Customer, to third parties not involved in the process of providing services, during the implementation by the Contractor of its obligations under this Agreement, in accordance with the current legislation of Ukraine;
4.1.3. to inform the Customer immediately about the circumstances, that prevent the Contractor from properly fulfilling its obligations under this Agreement,;
4.1.4. to ensure the stable operation of the ukrtransagent.com website and the possibility for the Client to receive information about the conditions for the provision of the Services;
4.1.5. to take any other measures necessary for the proper fulfillment of its obligations under the Agreement;
4.2. The customer undertakes:
4.2.1. to provide the Contractor with all the information that the Contractor needs for the proper provision of the Services provided in this Agreement;
4.2.2. to provide the Contractor (if necessary) with everything necessary for the Contractor to fulfill its obligations under this Agreement in an appropriate manner;
4.2.3. to accept from the Contractor the services provided under this Agreement;
4.2.4. to pay for the Contractor’s Services on the terms and in the manner determined by this Agreement.
5. Conditions, procedure for the provision and payment of Services
5.1. When forming an application by the Customer, having chosen the type and tariff of the Service, the Customer puts a mark on agreement with the terms of this Agreement – it accepts the Contractor’s Offer. The agreement is considered concluded from the moment when the Offer is accepted and / or the Customer pays for the Contractor’s Services.
5.2. Payment for all types of services is made by the Customer in the amount of 100% (one hundred percent) of the cost of services. The cost of the Services is determined by the Contractor on the basis of the conditions agreed with the Customer when placing the application, about which the Contractor sends the Customer a notification to the email address / messenger / SMS specified by the Customer. Payment of the full cost of the Services is carried out by the Customer not later than in 1 calendar day following the day the Contractor sends the Customer a notification of the full cost of the ordered services.
5.3. Payment for the Services is made by the Contractor by paying the cost of the Services to the Contractor’s account through WayForPay payment system. The crediting of funds will be confirmed by SMS to the phone or a message to the e-mail specified by the Customer.
5.4. For the purposes of this Agreement, payment for the services of the Contractor is accepted:
- by payment card through the WayForPay website (a link for payment will be generated automatically);
5.5 The choice and use of the method / form of payment for the Services is made by the Customer at his own discretion and without any responsibility of the Contractor. Security, confidentiality, as well as other conditions for using the methods / forms of payment selected by the Customer are outside the scope of the Agreement and are governed by Agreements between the Customer and the relevant organizations through which the Customer decided to pay.
5.6 The Contractor begins to fulfill its obligations under the Agreement from the moment the Offer is accepted and the Customer pays for the Services in accordance with this Agreement.
5.7. In case of incorrect entry by the Customer of the price (cost of the Services) in the payment field, the Customer (Payer) has the right for a refund in accordance with the conditions posted on the Contractor’s website in the section “Refund Policy”.
6. Responsibility of the Parties
6.1. The conditions specified in this Agreement are preconditions for the purchase of the Services. The terms of the Agreement may be changed by the Contractor, including after the Order is accepted for execution. The specific conditions for sale of the Services by the Contractor may be determined and changed by the Contractor prior to the transfer of the Services to the Customer.
6.2. Under no circumstances will the Contractor be liable for any damage (including but not limited to damage from loss of profits, data or from interruption of business activity) arising from the use, inability to use or as a result of using the Site.
6.3. The Contractor is not responsible for improper, untimely execution of Orders / Services and its obligations in the event that the Customer provides inaccurate or false information when filling in the Application. In the event when inaccurate (incorrect) or false indication of data in the Order led to losses and / or additional expenses of the Contractor (such as the provision of Services to an inappropriate Recipient / Customer, etc.), all related losses and / or expenses is the responsibility of the customer. The Contractor has the right to withhold the amount of such losses or expenses from the amounts paid by the Customer as payment for the Services (to offset counterclaims).
6.4. The parties are exempt from liability for full or partial failure to fulfill their obligations, if non-performance is the result of force majeure, which is determined in accordance with the legislation of Ukraine and / or that arose regardless of the will of the Contractor and / or the Customer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.
7. Personal data
7.1 By filling in the Application on the Site, the Customer gives his consent to the Contractor to collect and process the specified data, namely: name, e-mail, phone, in order to ensure the sale of the Service, and also gives his consent to the confidential transfer of his data to WAY FOR PAY LLC (EDRPOU (National State Registry of Ukrainian Enterprises and Organizations) 39626179).
7.2 The source of collection of personal data is information directly and voluntarily provided.
7.3. The Customer grants permission for the collection, processing and transfer of personal data under the conditions specified in this section of the Agreement on the collection, processing and transfer of personal data; permission for the processing of personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration.
7.4. By accepting the Offer, the Customer:
7.4.1. confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, of the purposes of collecting data, as well as that his personal data is transferred to the Contractor in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents;
7.4.2. agrees that the Contractor has the right to provide access and transfer his personal data to third parties without any additional messages from the Customer, without changing the purpose of processing personal data.
- Other conditions
8.1. The Customer has a right to appoint a third party as the Recipient of the purchased Services. In this case, the Customer is obliged to indicate in the Order form the data necessary to identify the Recipient and deliver the Service to him. In this case, the relations of the parties are subject to the provisions of Article 636 of the Civil Code of Ukraine.
8.2 All possible disputes arising from this Agreement or related to it are subject to resolution in accordance with the current legislation of Ukraine.
8.3 Nothing in the Agreement can be understood as the establishment between the Customer and the Contractor of agency relations, relations for joint activities, personal employment relations, or any other relations not expressly provided for by the Agreement.
8.4 The recognition by the court of any provision of the Agreement as invalid or not subject to compulsory execution does not entail the invalidity of other provisions of the Agreement.
8.5 Inaction on the part of the Contractor in the event of violation by any of the Customers of the provisions of the Agreement (Offer) does not deprive the Contractor of the right to take later appropriate actions in defense of his interests and protection of copyright for the materials of the Site protected in accordance with the legislation. The customer confirms that he is familiar with all the clauses of this Agreement and unconditionally accepts them.
8.6 This Agreement is governed by and construed in accordance with the legislation of Ukraine. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of Ukraine.