User agreement - Recovery Catalog

SERVICE AGREEMENT

for placing digital content on the Internet and providing interactive access to it

1. General provisions

1.1 This Agreement for the provision of services for the placement of digital content on the Internet and interactive access to it (hereinafter referred to as the Agreement) is an adhesion agreement concluded between the Parties by the Customer’s accession (acceptance) to this Agreement as a whole, and at the same time is the Contractor’s offer to conclude it (public offer), posted in the public domain on the Internet on the Website at https://recovery-ukraine.org

1.2 The parties to this Agreement are:

The Contractor is the PUBLIC ORGANIZATION “INSTITUTE OF ANALYTICS AND ADVOCACY” (EDRPOU code 38667738), which is the owner of the account and establishes the procedure and conditions for using the Website (Website owner)

Customer – a person who has entered into this Agreement by accepting the offer to conclude it and has given the Contractor the task of placing the Content on the Website’s web pages in accordance with the terms of this Agreement.

1.3 The terms of this Agreement are standard and the same for all customers who have accepted the offer to conclude this Agreement (public offer) on the proposed terms. The Customer has no right to offer its own terms of this Agreement.

1.4 The terms used in this Agreement shall have the following meanings:

Acceptance (or acceptance) – full and unconditional acceptance by the Customer of the offer (public offer) to conclude this Agreement.

Website – a set of data, electronic (digital) information, including copyright and/or related rights, etc. interconnected and structured within the website address, accessed through the Internet address https://recovery-ukraine.org, and which is the subject of intellectual property rights of the NGO “INSTITUTE OF ANALYTICS AND ADVOCACY”.

Web page – an integral part of the Website located at a special address on the Internet and which is endowed with certain functions by the software tools of the Website in accordance with its purpose in the structure of the Website.

Content Placement – the Contractor’s action of uploading (adding) the Content to the relevant web page of the Website, as a result of which the Content becomes available for display and further interactive access to it using this web page of the Website on the Internet.

Website lifetime shall mean the period of time during which the Website is available and displayed on the Internet at its address.

Digital Content (hereinafter referred to as the Content or the Report) means any information or data in electronic (digital) form containing such copyrighted items as literary works of journalistic, scientific, technical, analytical, research, informational or other nature (books, brochures, articles, analytical reports, information reports, etc.) and may be stored and/or distributed in the form of one or more files (parts of files), database records on computer storage devices, servers, etc. on the Internet.

1.5 This Agreement shall be deemed concluded only from the moment (from the date) of its acceptance by the Customer, which is carried out by him using the software tools of the Website, by placing a special electronic (virtual) mark in the appropriate field of the web page intended for adding (uploading) digital content to the Website and performing other actions provided for in clause 3.3. of this Agreement.

1.6 The Customer may withdraw its acceptance of the conclusion of this Agreement on the day of receipt by the Contractor of this acceptance (on the day the Customer performs the actions provided for in clause 3.3. of this Agreement), but not later than the Contractor places the Content provided by the Customer on the Website.

1.7 This Agreement shall be valid only in respect of the Content provided by the Customer in the assignment for the provision of services submitted to the Contractor simultaneously with the conclusion of this Agreement.

Any other (subsequent) Content shall be posted in the future upon the Customer’s request after the Parties conclude a new agreement in accordance with the procedure and on the terms and conditions existing as of the date of its conclusion, as well as after the Customer submits the task provided for in such agreement.

1.8 Within the framework of this Agreement, the Customer shall act as a licensor to the Contractor, and the Contractor shall act as a licensee to the Customer, regarding the right to use the Content provided by the Customer for posting and posted by the Contractor on the Website.

1.9 This Agreement is a mixed agreement and contains elements of service agreements, intellectual property rights management and copyright agreements, the provisions of which shall be applicable to the relevant parts (terms) of this Agreement and the relevant relations of the Parties within its performance.

2. Subject of the agreement

2.1 Under this Agreement, the Contractor undertakes to provide free of charge, upon the Customer’s request, services for posting the Content provided by the Customer on the Website and services for interactive access to this Content using the Website’s web pages on the Internet.

2.2 Only the Content in respect of which:

2.2.1 the Customer is the subject of property copyright, or

2.2.2 the Customer has a permission granted by the copyright holder of this Content, which provides for the Customer’s right to use such Content by means of making it available to the public, including by interactive access, as well as public performance, public notification and public display, provided that such permission provides for the Customer’s right to allow the Contractor (or any other persons) to use this Content in the same ways, or

2.2.3 the Customer uses the Content in a manner that is considered to be free use of works (fair use).

2.3 The Parties have agreed that under this Agreement the Customer grants the Contractor free of charge permission to use during the term of existence of the Website, in the territory of all countries of the world, the Content posted on the Website, in respect of which the Customer is the subject of property copyrights or has the permission provided for in clause 2.2.2. of this Agreement, in the following ways

2.3.1. interactive provision of access to the Content, i.e. distribution of the Content to the public using the web pages of the Website on the Internet or other interactive networks, in particular, adding (uploading) the Content to the Website in the form of a single file, or placing hyperlinks and posting the Content from another website on the Website without reproducing it (framing) in such a way that members of the public can access the relevant object from the place and at the time chosen by them individually;

2.3. 2 interactive provision of access to the Content by placing hyperlinks (including hyperlinks in the form of a set of hyperlinks in one file (playlists and/or viewing lists)) and/or framing on the Website, if such actions relate to the Content previously lawfully posted by the Customer with access restrictions on another website (web page) to which the hyperlink and/or framing directs, and the hyperlink and/or framing allows to bypass such access restrictions;

2.3.3 interactive provision of access to the Content, i.e. distribution of the Content to the public on the Internet or other interactive networks using the web pages of any other website owned by the Contractor, which is carried out by placing hyperlinks to the Customer’s Content on such website, which is posted on the Website without its reproduction (framing) so that members of the public can access the relevant object from the place and at the time chosen by them individually;

2.3.4 public performance, public notification and public display.

2.4 The Parties agree that by concluding this Agreement, the Customer grants permission for the free use of the Content in respect of which the Customer is the subject of property copyrights by any person who, as a result of the provision of services by the Contractor, has received interactive access to such Content, by means of its reproduction, private copying, public performance, public notification and public display, as well as bringing the Content to the attention of its employees, including by making and providing them with copies of the Content or providing a hyperlink to the Content posted on the Website, if such use is carried out without the purpose of making a profit (within non-commercial economic activity) or is carried out for the purpose of decision-making by state authorities, local governments and their officials or other subjects of power (free public irrevocable license).

The public license specified in this clause shall be valid for the entire term of the Customer’s proprietary copyright in the Content and may be terminated by the Customer only in respect of the person who has violated the terms on which it was issued.

The public license specified in this clause shall be made public simultaneously with the placement of the Content on the Website, in the place of the web page where the Content is posted by the Contractor by publishing the following message: “The Report is posted on the terms of a free public irrevocable license, according to which the copyright holder of this Report grants, to any person who has interactively accessed this Report on this website, permission to use this Report free of charge by means of reproduction, private copying, public performance, public communication and public display, as well as to inform their employees, including by making and providing them with copies of the Report or providing a hyperlink to this Report on this website, if such use is carried out without the purpose of making a profit (within non-commercial economic activity) or is carried out for the purpose of decision-making by state authorities, local self-government bodies and their officials or other subjects of power.”

3. Procedure for the execution of the contract

3.1 Розміщення Контенту та інтерактивне надання доступу до нього здійснюється Виконавцем виключно після укладення цього Договору з одночасним наданням Замовником завдання на розміщення Контенту та позитивного проходження модерації отриманого від Замовника завдання.

3.2 З метою надання завдання на розміщення Контенту та інтерактивне надання доступу до нього Замовник заповнює онлайн форму на веб-сторінці Веб-сайту, призначеній для додавання (завантаження) цифрового контенту на Веб-сайт, у якій обов’язково зазначає такі відомості:

your surname, full name and patronymic (if any) or full name (for legal entities);
surname, full name and patronymic (if any) of the author of the Content;
surname, full name and patronymic (if any) of the individual or full name of the legal entity that owns the intellectual property rights to the Content (copyright holder);
e-mail address (Email) of the Customer.

The said online form may also contain other information provided by the Contractor for filling in by the Customer.

In addition to filling out the specified online form, the Customer, by clicking the “Add a report” button, shall attach the Content declared for posting on the Website in one electronic PDF file up to 50 megabytes in size, and shall also accept by placing a special electronic (virtual) mark in the field “I accept the terms and conditions of the Agreement and give my consent to the placement of the material on the website“, and then by clicking the “Send a report” button shall send to the Contractor its acceptance of the conclusion of this Agreement and the task for the provision of services.

3.3 After the Customer clicks the “Send a report” button, an email with a hyperlink is sent to the email address specified in the online form, by clicking on which the Customer confirms the actions taken to conclude this Agreement (acceptance) and submit to the Contractor the assignment for the provision of services provided for by this assignment for the placement of the relevant Content and interactive access to it using the web pages of the Website on the Internet.

3.4 The assignment for the provision of services shall be deemed received by the Contractor only after the Customer has performed the actions provided for in clause 3.3. of this Agreement.

3.5 The Contractor shall moderate the assignment received from the Customer by checking the completeness and correctness of the Customer’s online form, the availability of acceptance, as well as the Content provided by the Customer for compliance with the requirements stipulated by this Agreement.

3.6 In case of positive moderation of the assignment received from the Customer, the Contractor shall post the Content provided by the Customer on the Website in one electronic file and provide interactive access to it within the period specified in this Agreement.

3.7 By separate agreement with the Customer, the Content provided by the Customer may be posted by the Contractor on the Website by placing hyperlinks and posting this Content on the Website from another website without reproducing it (framing).

3.8 The Content containing information that, by its content or form of expression, contains at least one of the following features shall not be posted on the Website:

3.8. 1 is aimed at the elimination of Ukraine’s independence, change of the constitutional order by force, violation of the sovereignty and territorial integrity of the state, undermining its security, illegal seizure of state power, propaganda of war, violence, incitement to interethnic, racial, religious hatred, encroachment on human rights and freedoms, public health, propaganda of communist and/or national socialist (Nazi) totalitarian regimes and their symbols, violation of equality of citizens based on their race, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, language or other characteristics; disseminate information containing justification, recognition of the legitimacy, denial of the armed aggression of the Russian Federation against Ukraine, including by presenting the armed aggression of the Russian Federation against Ukraine as an internal conflict, civil conflict, civil war, denial of the temporary occupation of part of the territory of Ukraine; propaganda of the Russian Nazi totalitarian regime, the armed aggression of the Russian Federation against Ukraine, symbols of the military invasion of the Russian Nazi totalitarian regime in

3.8.2 violates the intellectual property rights of third parties;

3.8.3 violates personal non-property rights of individuals;

3.8.4 is a photograph, other artistic works depicting an individual, in the absence of the consent of this person, and in case of his/her death – the consent of persons specified in part four of Article 303 of the Civil Code of Ukraine for their public display, reproduction, distribution;

3.8.5 is prohibited for distribution by law.

4. Term of the agreement and fulfillment of the parties’ obligations

4.1 This Agreement shall be valid from the moment of its conclusion and until the Parties fully fulfill their obligations or until its termination on the grounds specified in this Agreement or by law.

4.2 The Contractor shall fulfill its obligations to post the Content within five days from the date of receipt of the assignment for the provision of services from the Customer.

4.3 The Contractor shall fulfill its obligations to provide interactive access to the Content using the web pages of the Website on the Internet throughout the entire period of existence of the Website, unless this Agreement is terminated by the Customer earlier.

4.4 The Customer’s obligations arising from clause 2.3. of this Agreement shall be valid (exist, be fulfilled) throughout the entire term of the Website’s existence, unless this Agreement is terminated by the Customer earlier.

4.5 The obligations of the Customer arising from clause 2.4. of this Agreement shall be valid (exist, be fulfilled) throughout the entire term of validity of the Customer’s proprietary copyright in the Content, unless the Customer has terminated the public license in respect of the person who violated the terms on which it was issued.

4.6 The obligations of the Parties not properly fulfilled during the term of this Agreement shall continue to exist despite the expiration of the Agreement.

4.7 The obligations of the Parties hereunder shall be terminated on the grounds specified in Chapter 50 of the Civil Code of Ukraine.

5. Price

5.1 Under this Agreement, the services shall be provided by the Contractor free of charge.

5.2 The Parties have agreed that the permits for the use of the Content provided for in clauses 2.3. and 2.4. of this Agreement shall be granted by the Customer free of charge.

5.3 The Parties, guided by part three of Article 6 of the Civil Code of Ukraine, agreed to deviate from the provisions of Article 904 of the Civil Code of Ukraine and agreed that the Customer shall not be obliged to reimburse the Contractor for the actual costs necessary for the performance of this Agreement.

6. Assurances regarding the contract

6.1 The Contractor assures that the Website is its property and it has all the necessary intellectual property rights to the Website, which is necessary for the provision of services under this Agreement.

6.2 The Customer represents that the Content does not contain any malicious software (“Viruses”), and that it owns or has the necessary intellectual property rights (licenses, copyrights, approvals and permits, powers, etc.) to order the services provided for hereunder and to allow the Contractor to use the Content in the ways specified herein, as well as to grant a public license provided for in clause 2.4. of this Agreement.

7. Responsibility of the parties

7.1 The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations in accordance with the current legislation of Ukraine and this Agreement.

7.2 The Party that has intentionally or negligently provided the other Party with false statements about the circumstances relevant to the conclusion, performance or termination of this Agreement shall be obliged to reimburse the Party that relied on such statements for losses incurred in connection with the falsity of such statements.

7.3 The Customer shall be solely and fully liable for any violation of the intellectual property rights of third parties and for any claims of such persons who are valid copyright holders of the Content posted on the Website upon the Customer’s request.

7.4 The Customer shall be fully responsible for any violation of the personal non-property rights of individuals committed by him/her in the Content or using the Content.

7.5 The Parties shall not be liable for breach of their obligations under this Agreement if it occurred through no fault of their own. The Party shall be deemed not guilty if it proves that it has taken all measures dependent on it for the proper fulfillment of the obligation.

7.6 The Contractor shall not be liable for the termination of access to the Website, which arose through no fault of its own, and shall not be liable for any damage caused to the Customer by temporary termination of such access.

7.7 The Contractor shall not be liable for the failure of the Customer to achieve any desired results of the provision of services under this Agreement.

7.8 The Contractor shall not be liable for the use by third parties of the Content posted on the Website, including its copying, reproduction and distribution, carried out both on the Internet and by other possible means.

7.9 The Contractor shall not be liable for the content of websites that do not belong to it, hyperlinks to which may be placed on the Website, and does not guarantee their availability, correct operation and compliance with the subject matter of the content provided for in this Agreement.

7.10 The Contractor shall not be liable for infringement of copyright and/or related rights committed using the Internet if it has taken the actions provided for in part three of Article 56 of the Law of Ukraine “On Copyright and Related Rights” in a timely manner.

7.11 Neither Party shall be liable for failure to fulfill or improper fulfillment of its obligations under this Agreement if such failure or improper fulfillment is caused by force majeure circumstances. The Party for which the force majeure circumstances have occurred shall notify the other Party in writing or in any other way that allows to record the content of such notification no later than three calendar days from the date of occurrence of such circumstances.

7.12 The Parties shall understand force majeure circumstances to mean the following circumstances that occurred after the signing of this Agreement:

7.12.1 provided for as force majeure in accordance with the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine”;

7.12.2 military operations as a result of the armed aggression of the Russian Federation against Ukraine in the territories where the Parties or persons are located, if it is impossible to provide the services specified herein without the participation of the said entities;

7.12.3 strengthening of restrictions imposed under the legal regime of martial law or strengthening of quarantine restrictions imposed by the Cabinet of Ministers of Ukraine or local authorities prior to the signing of this Agreement;

7.12.4 decisions and actions of state authorities that are not related to the Party and are not the result of illegal actions of the Party affected by force majeure, if such circumstances have led to an objective impossibility for the Parties (Parties) to fulfill their obligations under this Agreement.

7.13 Other grounds and conditions of liability of the Parties shall be determined in accordance with the legislation of Ukraine.

8. Privacy policy and personal data

8.1 The Parties shall be prohibited from disseminating restricted information or trade secrets relating to the Parties and which became known to them in the course of concluding or performing this Agreement, except in cases of lawful dissemination of such information on the basis of law.

8.2 By concluding this Agreement, the Customer gives the Contractor consent (permission) to process his personal data, namely: information about the surname, full name and patronymic (if any), e-mail address, other information provided by the Customer (individual) about himself/herself, for the entire term of this Agreement and solely for the purpose of the Contractor’s identification of the Customer as a party to this Agreement, moderation of the provided Content, ensuring communication with the Customer, as well as for the Contractor to take measures provided for by the Law of Ukraine “On Copyright and Related Rights” to stop copyright infringements committed using the Internet.

8.3 The dissemination of personal data involves the Contractor’s actions to transfer information about the Customer (individual) with the consent of the personal data subject. The dissemination of personal data without the consent of the personal data subject or his/her authorized person is allowed in cases specified by law, and only (if necessary) in the interests of national security, economic well-being, human rights and for the All-Ukrainian Population Census.

8.4 Except as provided for in clause 8.3. of this Agreement, the Customer (individual) by concluding this Agreement gives his permission to the Contractor to transfer his personal data to public authorities, courts and copyright holders who have provided the Contractor with a substantiated claim or statement of infringement of their copyright as a result of posting on the Website the Content provided by the Customer, if such transfer is necessary to protect the intellectual property rights of such persons or to stop copyright infringement, or to involve the Customer in the consideration of the claim or in the dispute resolution process.

8.5 The Parties shall not collect, store, use and disseminate confidential information about a person without his/her consent, except in cases determined by law, and only in the interests of national security, economic well-being and protection of human rights. Confidential information about an individual includes, in particular, data on his or her nationality, education, marital status, religious beliefs, health status, as well as address, date and place of birth.

8.6 The Customer shall not be entitled to modify, decompile, analyze, decrypt and perform other actions with the object and source code of the Website in order to obtain information about the implementation of the algorithms used on the Website, create derivative software products using the source code of the Website, as well as to use (allow to use) the Website or any of its components as objects of intellectual property rights by any means without the written permission of the Contractor.

8.7 The rights of the Customer as a subject of personal data are determined in accordance with the Law of Ukraine “On Personal Data Protection”.

9. Other rights and obligations of the parties

9.1 The Customer has the right to:

9.1.1 at any time terminate this Agreement by unilateral withdrawal from it on the grounds and in the manner prescribed by this Agreement or the law;

9.1.2 provide information to the Contractor regarding the identified deficiencies in the operation of the Website or in the correctness of the Content on the Website and/or deficiencies in the interactive provision of access to the Content provided by the Customer;

9.1.3 to compensate for damages caused by non-performance or improper performance of this Agreement by the Contractor in an amount not exceeding two tax-free minimum incomes of citizens;

9.1.4 take measures to protect its intellectual property rights to the Content posted on the Website or the Content provided to the Contractor for its placement but not posted.

9.1.5 other rights provided for by the legislation of Ukraine or arising from the essence of this Agreement and business practices.

9.2 The Customer is obliged to:

9.2.1 not to infringe the copyrights of the Contractor or other persons, including not to provide the Contractor with the Content for posting on the Website, in respect of which the Customer does not have the intellectual property rights provided for by this Agreement, as well as not to use the Content of other customers posted on the Website, if such use violates the permissions granted by the copyright holders in respect of this Content;

9.2.2 not to provide the Contractor with the Content for placement on the Website that does not correspond to the meaning of “Digital Content” provided for in this Agreement or contains the information provided for in clause 3.8. of this Agreement;

9.2.3 if the Content provided to the Contractor for posting on the Website contains photographs or other artistic works depicting an individual, prior to providing the Content to the Contractor, obtain the consent of this person, and in case of his/her death – the consent of the persons specified in part four of Article 303 of the Civil Code of Ukraine for their public display, reproduction, distribution;

9.2.4 provide accurate data when filling out the online form on the Website’s web page intended for adding (uploading) digital content to the Website in accordance with clause 3.2 of this Agreement;

9.2.5 independently and in full compensate the copyright holders for the losses caused by the Customer’s unlawful use of the Content;

9.2.6 always participate in the settlement of claims or disputes regarding copyright infringement of others, if such infringement occurred as a result of posting the Content provided by the Customer on the Website, including participation in court proceedings in the status provided for by the procedural law;

9.2.7 other rights provided for by the legislation of Ukraine or arising from the essence of this Agreement and business practices.

9.3 The Contractor has the right to:

9.3.1 apply to the Customer with proposals and approvals regarding the placement of the Content provided by the Customer on the Website by placing hyperlinks and placing this Content on the Website from another website without reproducing it (framing);

9.3.2 at any time terminate this Agreement by unilateral withdrawal from it on the grounds and in the manner prescribed by this Agreement or the law;

9.3.3 unilaterally amend this Agreement in compliance with the requirements set forth in Section 10 hereof;

9.3.4 to update the Website technically and technologically and to carry out relevant technical works for its maintenance and modernization;

9.3.5 to moderate the Content provided by the Customer for posting on the Website or posted on the Website, in particular, but not exclusively, to monitor the content and quality of the Content and, if necessary, at its sole discretion, without warning and explanation, to remove or block access to the Content, without liability for any consequences of actions taken within the framework of the moderation procedure;

9.3.6 on its own initiative and without notice temporarily or completely terminate the provision of services to the Customer and block access to its Content in case of suspicion of non-fulfillment or violation of the terms of this Agreement, receipt of complaints from third parties regarding the Content posted by the Customer’s order, or any other suspicions of unfairness or illegality of the Customer’s actions in obtaining the services provided for by this Agreement;

9.3.7 receive from the Customer all necessary information, both orally and in writing, as well as all necessary materials and/or documents for the performance of the task, including documents confirming that the Customer has the scope of intellectual property rights in respect of the Content provided for by this Agreement;

9.3.8 engage third parties, in particular the Contractor’s employees or other persons on the basis of civil law or commercial law contracts, including transferring the rights to use the Website or entrusting its administration to third parties;

9.3.9 claim compensation for damage caused to the property or business reputation of the Contractor as a result of the Customer’s actions or omissions;

9.3.10 other rights provided for by the legislation of Ukraine or arising from the essence of this Agreement and business practices.

9.4 The Contractor shall be obliged to:

9.4.1 timely and efficiently provide the services provided for in this Agreement;

9.4.2 remove from the Website the Content posted under this Agreement in case of its termination, unless otherwise provided by the decision of the Customer who unilaterally terminated this Agreement, or by a joint decision of the Parties in case of termination of this Agreement by mutual agreement;

9.4.3 take measures provided for by law and this Agreement to protect or eliminate copyright infringement;

9.4.4 place on the web page of the Website where the Content is placed the information provided by the Customer about the terms of the public license in accordance with clause 2.4. of this Agreement;

9.4.5 maintain the Website in a working condition that allows to provide interactive access to the Content;

9.4.6 in case of termination of the Website, or the Contractor’s intention to terminate it, immediately notify the Customer and take reasonable measures to prevent infringement of the Customer’s intellectual property rights to the Content posted on the Website;

9.4.7 timely perform actions provided for in part three of Article 56 of the Law of Ukraine “On Copyright and Related Rights”;

9.4.8 not to take actions to the detriment of the copyright, property and business reputation of the Customer;

9.4.9 other obligations stipulated by the legislation of Ukraine or arising from the essence of this Agreement and business practices.

10. Amendment and termination of the agreement

10.1 This Agreement may be terminated or its terms may be amended only by mutual agreement of the Parties, except as provided herein or by the laws of Ukraine.

10.2 This Agreement may be amended by the Contractor unilaterally by setting it out in a new version. Such amendments shall take effect from the moment of their publication on the Website and shall apply to the obligations of the Parties stipulated by this Agreement that have not yet been fulfilled at the time the relevant amendments take effect.

In case of unilateral changes to the terms of this Agreement, the Contractor shall take reasonable measures to inform the Customer of such changes.

10.3 This Agreement may be terminated by the Customer by unilateral withdrawal from it on the grounds of unwillingness to further post its Content on the Website or in case of violation of the Customer’s intellectual property rights by the Contractor, as well as in case of refusal to extend this Agreement on new terms if the Contractor has unilaterally amended this Agreement.

The Customer shall promptly inform the Contractor in writing of the unilateral termination of this Agreement, while simultaneously indicating its decision on further permission for the Contractor to use the Customer’s Content posted on the Website.

In the absence of information in the Customer’s notice of termination of this Agreement about its decision on further permission for the Contractor to use the Customer’s Content posted on the Website, it is considered that all permissions to use such Content in any way in the territory of all countries of the world, which were granted to the Contractor under this Agreement, are revoked and terminated.

10.4 This Agreement may be terminated by the Contractor by unilateral withdrawal from it on the grounds of negative moderation of the task received from the Customer, detection after posting the Content on the Website that the Content provided by the Customer and posted contains the information provided for in clause 3.8. of this Agreement, as well as violation by the Customer of personal non-property and/or property copyright and related rights of others committed by the Customer by receiving the services provided for in this Agreement.

The Contractor shall inform the Customer within a reasonable period of time about the unilateral termination of this Agreement in a manner that allows to ensure the recording of the content of such notice.

10.5 In all other cases, the Party proposing to terminate this Agreement or change its terms shall notify the other Party and propose new terms in writing by sending a registered letter with acknowledgment of receipt or an e-mail to the other Party’s e-mail address, with the expectation that the other Party will receive this letter no later than twenty days before the date from which it is proposed to change the terms of this Agreement or terminate it.

The party to the agreement that has received such a proposal to amend or terminate the agreement shall, within twenty days after receipt of such proposal, notify the other party of the results of its consideration. The other Party shall respond in writing.

In the absence of a response within the prescribed period, taking into account the time of postal circulation, the agreement shall be deemed valid on the previous terms and conditions, and the proposal shall be rejected.

In case of agreement to change the terms of this Agreement, the Parties shall sign an additional agreement setting forth the relevant changes, and in case of agreement to terminate this Agreement, this Agreement shall be deemed terminated from the moment the Parties reach an agreement on its termination.

10.6 In case of termination of this Agreement, the obligations of the Parties shall be terminated.

10.7 Termination of this Agreement, including its unilateral termination by the Customer, shall not be grounds for termination of the public license provided for in clause 2.4. of this Agreement.

10.8 In case of failure to reach an agreement on the amendment or termination of this Agreement, the dispute may be resolved in court.

11. Other conditions

11.1 All legal relations arising out of or related to this Agreement, including those related to its validity, conclusion, execution, amendment and termination, interpretation of its terms, determination of the consequences of invalidity or breach of the Agreement, shall be governed by this Agreement and the relevant provisions of the current legislation of Ukraine, as well as by the business practices applicable to such legal relations on the basis of the principles of good faith, reasonableness and fairness.

11.2 The Parties agree that official correspondence between them may be carried out using e-mail on the Internet, the addresses of which are indicated by the Contractor on the Website, and by the Customer in the online form provided for in clause 3.2. of this Agreement or otherwise notified by the Parties to each other. In this case, e-mails are considered to be originals and may be used as evidence in court.

11.3 In case of change of the e-mail address on the Internet, the Parties undertake to notify each other immediately of such changes.

11.4 The Parties may use an electronic signature or other analog of a handwritten signature of their managers or authorized persons in cases established by law and other acts of civil legislation.

11.5 In case of official correspondence between the Parties using e-mail on the Internet, the receipt of the letter shall be confirmed by a reply from the other Party. All letters, documents, notices and other documents related to the performance, change of terms or termination of this Agreement shall have the force of the original and shall be sent with the relevant document attached thereto in doc. or docx. or pdf. format signed in accordance with the laws of Ukraine. The Parties have agreed that in case of sending an e-mail to the e-mail address specified in accordance with this Agreement (or from such address), the content of which is placed only in the text input field, but without attaching the same content, as an attachment to such letter as a separate file in a certain format and sealed with the signatures provided for herein, such e-mail may be perceived by the other Party as an original and may be further used as evidence in disputes between the Parties.

11.6 This Agreement shall apply to all subsequent updates / new versions of the Website, unless the Contractor has changed its terms and conditions upon their release.

11.7 The relations of the Parties not regulated by this Agreement shall be governed by the provisions of the legislation of Ukraine and current international legal acts ratified by Ukraine.

11.8 The original of this Agreement is this electronic document posted on the Website, signed by the qualified electronic signature of the head of the Contractor.

12. Details and signature of the contractor

PUBLIC ORGANIZATION “INSTITUTE OF ANALYSIS AND ADVOCACY”

12, Gogol St., Poltava, Poltava region, 36000, office 501;

EDRPOU code: 38667738;

Certificate of registration: No. 1391070 dated May 05, 2014;

Bank account: UA 69 322313 0000026006000038835 in JSC Ukreximbank

MFO: 331649

Tel: +38 (050) 566 77 38

E-mail: mail@iaa.org.ua

Executive Director ___________ Yuriy ROMASHKO