for providing technical support services and usage rights for ULTRA software
ULTRA IT Ltd. and/or its partner (the “Contractor”) and a person entering this Agreement (the “Customer”), (collectively, the “Parties”), agree as follows:
1. SUBJECT OF THE AGREEMENT
1.1. The Agreement on the provision of technical support services and usage rights for the ULTRA software (the “Agreement”) is concluded in compliance with Art. 634 of the Civil Code of Ukraine by incorporating the Customer into the Agreement as a whole. The terms of the Agreement are the same for all Customers, and the implied acceptance of those terms (through payment by any method according to part 2 article 642 of the Civil Code of Ukraine) is considered confirmation of acceptance of this Agreement between the Customer and the Contractor.
1.2. The Contractor provides the Customer with the usage rights and/or technical support services for the ULTRA software (the “Software”) installed at the Customer’s workplaces, resulting in this Software operating in accordance with the payment made by the Customer to the Contractor. For the purposes of this Agreement, the usage rights and/or technical support services are hereinafter referred to as “Supply Product”.
1.3. The provision of the usage rights for the Software is performed through generating activation keys that make it possible to activate the Software. The provision of technical support services and the Software usage rights is performed by the Contractor in the form of consultations provided to the Customer by phone or email and by remotely accessing the Customer’s computer equipment over the Internet. For the purpose of implementation of this Agreement it is also acceptable to use email addresses specified in this Agreement for email correspondence.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Contractor commits to:
2.1.1. Provide technical support services and/or Software usage rights to the Customer in the course of and in accordance with the procedure and conditions stipulated by this Agreement.
2.1.2. Ensure the proper operation of the Software.
2.2. The Contractor has the right to:
2.2.1. Provide the Customer with recommendations on the usage of computer hardware and the Software.
2.2.2. Stop the provision of technical support services and the Software usage rights to the Customer in case of payment due date violation by the Customer until this debt is repaid.
2.2.3. Initiate changes to this Agreement by publishing them on the ultra-company.com website.
2.3. The Customer commits to:
2.3.1. Comply with the recommendations of the Contractor regarding the usage of computer hardware and/or the Software.
2.3.2. Comply with the payment due dates for the services of the Contractor, provided for in clause 3.2 of this Agreement.
2.4. The Customer has the right to:
2.4.1. Receive technical support services and obtain usage rights for the Software from the Contractor in accordance with the procedure and conditions stipulated by this Agreement.
2.4.2. Have the Contractor ensure the proper operation of the Software.
2.4.3. Receive consultations in case of proper fulfillment of his or her obligations under this Agreement.
3. COST OF WORKS AND SETTLEMENT PROCEDURE
3.1. In compliance with the norms of the Civil Code of Ukraine, namely, but not exclusively, Chapters 61, 63, the Parties agree that the fee for usage rights, maintenance, consultancy, services is charged/paid under this agreement without the need for any other documents in accordance with the prices listed on the ultra-company.com website. The Customer chooses the Supply Product manually by checking the box next to the desired Supply Product on the ultra-company.com website or by receiving an invoice from the Contractor in any form. The Customer agrees that the invoice is formed automatically based on the Supply Products of his choice.
3.2. The Customer pays for technical support services and Software usage rights to the Contractor in the amount stipulated in clause 3.1 of this Agreement. The payment must be made by the penultimate working day of each month for the next period by transferring funds to the current account of the Contractor.
4. PROCEDURE FOR THE PROVISION OF SERVICES AND SIGNATURE OF THE ACT OF ACCEPTANCE OF SERVICES RENDERED
4.1. The Contractor provides technical support services the Software usage rights through its contact center.
4.2. The payment made by the Customer of the Supply Product serves as the confirmation of the provision of the Supply Product by the Contractor.
4.3. The services can be provided in the form of information or answers to questions by phone, email or any other form of communication, technical support, the ability to receive new versions of the Software by the Customer or consultations through the contact center. The Parties agree that no other documents confirming the provision of technical support services and the usage rights for the Software are used, and the Parties confirm that the email specified in this Agreement is valid for the fulfillment of the terms of this Agreement.
4.4. The contact email address of the Contractor is: firstname.lastname@example.org
5.1. The Parties acknowledge that any information concerning the terms of this Agreement and the financial standing of the Parties is confidential.
5.2. The Contractor can log all the contacts with the Customer in order to help solve the issues the Customer may encounter.
5.3. The Contractor can also use the information provided by the Customer.
5.4. The Contractor takes every possible measure to protect the information provided by the Customer from unauthorized access, editing, disclosure or deletion.
5.5. The Contractor can inform the Customer about the services of the Contractor, for example, notify the Customer about the upcoming changes or improvements.
6. LIABILITY OF THE PARTIES
6.1. The liability of the Parties for non-fulfillment or improper fulfillment of obligations under this Agreement is regulated by the current legislation of Ukraine.
7. FORCE MAJEURE
7.1. The Parties shall not be liable for partial or full default on obligations under this agreement, if it was caused by force majeure such as fire, flood, earthquake, military actions, provided that these circumstances directly affected the fulfillment of obligations of this Agreement. The certificate issued by the competent authority of Ukraine serves as the confirmation of force majeure occurrence.
7.2. The Party that fails to fulfill its specific obligations shall inform the other Party about the commencement or termination of such circumstances.
8. TERM OF THE AGREEMENT
8.1. This Agreement comes into force from the moment of its signature by the Customer and remains in effect until the complete fulfillment of obligations by the Parties under this Agreement. Signature on the Customer’s side is performed by checking the box next to the phrase “I agree with the terms of this Agreement” or by payment for the Supply Product.
8.2. All amendments and additions to this Agreement are valid only if they are posted on the ultra-company.com website.
9. ADDITIONAL TERMS
9.1. In cases of disputes or disagreements, the Parties shall make every effort to resolve them through negotiations. In cases when it is impossible to settle the disputable matters through negotiations, disputes are resolved in the Economic Court.
9.2. The law that governs this Agreement is the legislation of Ukraine.
9.3. The Customer understands and agrees that in case of disagreement with the contents and form of this Agreement or its separate provisions, the Customer has the right to refuse to conclude it.
9.4. By accepting the terms and conditions of this Agreement, the Customer confirms his or her legal capacity, including the achievement of the age of 18, the lawful usage of the bank payment card (if used), and recognizes the responsibilities for the obligations imposed on him or her as a result of the conclusion of this Agreement.
9.6. The Parties confirm that this Agreement meets the actual intentions of the Parties and is not in the nature of a fictitious or a sham transaction, is concluded in accordance with the actual will, without any use of physical or mental pressure and on favorable terms, and is not the result of difficult circumstances, the Agreement is concluded without the use of deception or concealment of essentially important facts. The Parties have a clear understanding of the meaning and terms of this Agreement, its nature and legal consequences, want the legal consequences created by this Agreement to commence, and affirm that the Agreement stipulates all the essential conditions. The Parties confirm that they are not considered to be incapable or partially incapable.
The accession to this Agreement affirms full understanding and acknowledgement of the terms and conditions of this Agreement by the Customer.