This User Agreement (hereinafter referred to as the Agreement) shall be a public offer of the Platform Operator "Reactor", addressed to any Technological Team, and shall define the conditions for using the Reactor Platform, and regulate the relationship between the Platform Operator Reactor and the Technological Team.
In this Agreement, the following terms shall have the following meanings:
1. The terms
- The "Reactor" platform shall be complex of computer programs and databases located on the website at reactor.ua, intended for search by Corporations of Technological teams for the implementation of Projects, and allowing to enter, store and post information about Corporations, Technological Teams, Projects and Proposals on their implementation.
- Operator- Limited Liability Company REACTOR.UA, code EGRPOU 41519153, location 04116, Kyiv, Vanda Vasilevskaya st., 7, office 209, duly registered under the laws of Ukraine and administering the Reactor Platform.
- Technological team - an individual or a group of individuals or a legal entity having full legal capacity, registered on the Reactor Platform in accordance with the terms of this Agreement.
- Corporationshall be a legal entity or an individual entrepreneur in whose interests the Operator, on the basis of a separate Agreement with the Corporation, places on the Reactor Platform information about its Projects to search for a Technological Team for its implementation.
- Cabinet - personal section of the Technological Team on the Reactor Platform, access to which is provided by entering a login and password, where the Technological Team can post information about itself, submit Project Implementation Proposals, make changes and delete the information and Suggestions, and view information about their offers.
- Project- the technical task of the Corporation to develop a specific product in the IT (programming, informatization, etc.) field, placed by the Operator in the interests of the Corporation on the Reactor Platform.
- Proposal- a proposal of the Technological Team for the implementation of a certain Project, placed by on the Reactor Platform, using the functionality available in the Cabinet.
2. Subject of the Agreement and general provisions
- The subject of this Agreement shall be the regulation of relations between the Operator and the Technological Team regarding the use of the Technological Team of the Reactor Platform with a respect to placing Proposals for the implementation of the Projects of Corporations, access to which shall be provided by the Operator.
- Use of the Reactor Platform shall be provided to the Technological Team for free
- This User Agreement shall be a public offer of the Operator for its conclusion on the conditions set forth herein in the understanding of Article 641 of the Civil Code of Ukraine. Its acceptance by the Technological Team in the order provided herein shall mean the conclusion of the User Agreement and has the same legal effect as the conclusion of a bilateral written contract in accordance with the legislation of Ukraine (Part 2 of Article 642 of the Civil Code of Ukraine).
- This User Agreement shall be an agreement of accession in the understanding of Article 634 of the Civil Code of Ukraine, namely, a contract, the conditions of which shall be established by one of the parties, and which shall be able to conclud only by joining the other party to the proposed contract as a whole.
- This User Agreement shall be placed on the Reactor Platform and shall be necessarily offered to the Technological Team for review prior to acceptance (acceptance) of its terms upon registration on the Reactor Platform.
- This User Agreement shall be considered to be concluded and shall come into force from the moment of expressing the consent of the Technological Team when registering on the Reactor Platform and shall mean full and unconditional acceptance by the Technological Team of this User Agreement that shall operate for an indefinite period until its termination.
- The Technological Team, when registering, shall agree that access to the Reactor Platform and its use shall be provided "as is" and that the Operator shall not be responsible for delays, failures, errors, incorrect and / or untimely delivery, removal or non-preservation of information.
- The Operator shall not be a party to the relationship between the Technological Team and the Corporation, shall not participate in the selection or holding of the Procurement Contests of the Technological Teams held by the Corporations, and shall determine the winners, and shall not be a participant in the economic operations to provide the Technological Team with the Project implementation services for the Corporation.
- The Operator shall be the owner of the database, which stores information about Corporations, Technological Teams, Projects and Proposals.
- All rights of intellectual property to the Reactor Platform shall belong to the Operator. The Technological Team shall be prohibited from using for illegal purposes, processing, decompiling the Reactor Platform or any part thereof.
- In the process of registration on the Reactor Platform, the Technological Team shall fill in the appropriate form with the necessary information required by the Operator, familiarize itself with and agree to the terms of this Agreement by affixing an appropriate note in the Reactor Platform interface and confirming the registration by clicking on the link sent to the e-mail address specified by the Technological Team when completing the form.
- The Technological team shall agree to provide complete, truthful and accurate information about itself (photo, personal data, qualification, experience and other information about the members of the Technological Team) in accordance with the form on the Reactor Platform, and also to maintain such information up-to-date in the Cabinet.
- After registration, the Technological Team shall be granted access to the Cabinet, by entering the login and password chosen by the Technological Team at the time of registration.
- In case of unauthorized access to the login and password and / or the Cabinet, the Technological Team shall immediately notify the Operator thereof.
- The Operator shall administrate the Reactor Platform, determine its structure, content, appearance, shall be able to make any changes and add new functions to it at any time, suspend and close its work, introduce any restrictions; without explaining the reason and prior notice to the Technological Teams.
- The Operator shall form and place on the Reactor Platform information about the Project, based on the requirements, tasks and needs of the Corporation, based on the results of negotiations with the Corporation and conducted additional analysis in the IT field. The Operator and the Corporation may at any time make changes to the Project.
- In the Cabinet, the Technological Team can get acquainted with the current Projects placed on the Reactor Platform and submit Proposals for their implementation by filling in the appropriate form in accordance with the requirements established for it.
- The Technological Team can view information about their Proposals (their content, date of submission, status, etc.), amend the Proposals, delete them, review their rating (index) assigned by an independent expert group, review the Corporation's comments on the submitted Proposals, without the possibility of answering them, and also carry out other actions available in the Cabinet.
- The Corporation shall have access to all Proposals submitted for each Project of the Corporation, and information on the relevant Technological Teams.
- Stages and terms for the collection and consideration of proposals, the manner and procedure for meetings and negotiations, the choice of the Technological Team for the implementation of the Project, or the holding of a tender, the conditions for determining the winner, further contracting with the Technological Team, etc. shall be determined by the Corporation for each Project separately.
- The Operator shall have the right to post information about the Project not only on the Reactor Platform, but also on other information resources, with a view to additional search for proposals for the implementation of the Project.
- The Technological Team can contact the Operator's support service for additional explanations regarding the terms of this Agreement, the conditions for using the Reactor Platform to the e-mail address email@example.com or the phone number indicated on the Reactor Platform.
- The operator shall have the right to moderate the content of the Proposals submitted by the Technological Teams for consideration by the Corporation, as well as to block the Cabinet in case of violation of the terms of this Agreement, the current legislation, or the availability of motivated complaints from the Corporation.
- Using the Reactor Platform, the Technological Team shall undertake not to post information and not to submit Proposals that violate the current legislation of Ukraine, the rights of third parties containing insults, slander, obscene language and other materials that contradict the norms of public morality, demonstrate or propagandize cruelty, terror, violence, offend religious feelings, political views, contain propaganda of any kind of discrimination based on race, national, ethnic, social, sexual, linguistic pornographic nature, or include links to Internet sites and other resources that contain such information, post personal data of third parties, without their consent, as well as meaningless or knowingly false information.
- The Technological Team shall not be allowed to take any action that could prevent other Technological Teams from accessing the Reactor Platform and the Cabinet, interfering with the normal operation of the Reactor Platform, and attempting to gain unauthorized access to the management of the Reactor Platform and the commission of any actions available only to the Operator, to place and transmit through the Reactor Platform viruses, as well as other malicious programs, to mislead the Operator and the Corporation regarding the composition of Technology to impersonate another person.
- The operator shall have the right to suspend the work of the Reactor Platform for carrying out the necessary planned preventive and repair work, as well as unscheduled operations in emergency situations. The message on their carrying out shall be placed by the Operator on the Reactor Platform with indication of the estimated duration of such works (except for emergencies when the information is published by the Operator as far as possible).
- The responsibility for all the information contained in the Offer shall be borne by the Technological Team.
- The Technological Team shall be responsible for the security of its login and password, as well as for everything that will be done on the Reactor Platform under the Login and Password of the Technological Team.
- In case of claims by third parties regarding possible violations by the Operator of the rights of lawful rightholders, when the Technological Team of the Proposal shall be placed, the Technological Team bears all responsibility and possible costs for resolving such a dispute.
- The Operator shall not bear responsibility and shall not compensate for losses caused by delays, interruptions and errors in the work of the Reactor Platform, as well as interruptions and interruptions in the operation of any telecommunications networks or services, computer systems, servers or providers, computer or other hardware, software, and e-mail service failures for technical reasons.
- The Operator and the Corporation shall not be liable in the event of the cancellation of the Project and the deletion of information about it from the Reactor Platform, as well as the Corporation's refusal to select a specific Technological Team for the implementation of the Project, without explaining the reason.
- The Technological Team shall not be liable in the event of the cancellation of the Submitted Proposal and its removal from the Reactor Platform, without explaining the reason.
5. Final provisions
- By registering on the Reactor Platform, the Technological Team (its members) shall confirm that it shall have full legal capacity and authority to enter into this Agreement. Registration Technological team, which shall include persons under the age of majority, shall not be allowed.
- The agreement can be changed unilaterally by the Operator. The Operator shall notify the Reactor Platform and post a new version of the Agreement for review, which shall take effect 1 (one) calendar day from the date of such placement unless another period is specified therein. If the Technological Team disagrees with the new version of the Agreement, the Technological Team may terminate it by removal from the Cabinet, or else it means its agreement with the new version of the Agreement.
- The User Agreement can be terminated: 1) by the Operator unilaterally, in case the Technical Team violates its terms, by e-mail notification and blocking the Cabinet; 2) by the Operator unilaterally, in the event of the closure of the Reactor Platform as a whole, by notifying the Technological Team by e-mail and / or posting information on the Reactor Platform; 3) Technological team unilaterally, by removal from the Cabinet.
- In the event of situations that allow for ambiguous interpretation of the provisions of this Agreement and / or issues not regulated by this Agreement, the final decision shall be taken by the Operator. In this case, the Operator's decision shall be final and not subject to challenge.
- Issues not regulated by this Agreement shall be settled in accordance with the current legislation of Ukraine
- The place of conclusion of this Agreement shall be the location of the Operator.
- In case of any differences and disputes related to the implementation of the terms of this Agreement, the Technological Team and the Operator shall use their best efforts to resolve them through negotiations between them. In the event that disputes and disagreements shall not be resolved through negotiations, they shall be subjected to resolution in the court of Ukraine in accordance with the current legislation of Ukraine.
- The invalidity of any part of this Agreement shall not entail the invalidity of other provisions of the Agreement.
- The Technological Team shall confirm that all the terms of this Agreement are understandable to it and it shall accept them completely and unconditionally.
Operator of the Reactor Platform