Public Agreement OneBox OS

IMPORTANT! Before accessing the OneBox OS Software, please carefully read the terms and conditions contained in this Agreement. Paying for access to the Software at the selected Tariff and/or registering an Account/Account in the OneBox OS Software means appropriate acceptance of this Agreement and full agreement with all its terms. If you do not agree to unconditionally accept the terms of this Agreement, you do not have the right to access the OneBox OS Software.

1. Definition of concepts

1.1. Contract – this is a public agreement to provide access to the OneBox OS Software. The contract is a public contract in accordance with Art. 633 Civil Code of Ukraine. The agreement is an agreement of accession, in the sense of Art. 634 Civil Code of Ukraine. The Agreement is not a copyright agreement on the transfer of the exclusive and/or non-exclusive right to use the Software.

1.2. Artist – OOO" ONEBOX CORP", USREOU code ‎44611426, legal address: 14000, g. Chernihiv, street. Pyatnitskaya, house. 16 .

1.3. Account owner – any individual or legal entity who has accepted the terms of this Agreement for the provision of access to the OneBox OS Software by making a payment and/or registering an Account/Account.

1.4. User – an individual to whom the Account Owner has provided access to the Software under this Agreement and the selected Tariff.

1.5. OneBox OS Software (next – Software) – program for electronic computers (both as a whole and its components), presented in an objective form by a set of data and commands, including source text, database and other data included by the Contractor in the composition this program for electronic computers, terms of updates and support, as well as any documentation on the Software. The Software is subject to copyright, non-exclusive property rights, which belong to the Contractor.

1.6. Public offer – this is an offer to any individual or legal entity to provide access to the Software for the purpose of concluding this Agreement.

1.7. Accept – full and unconditional consent of the Account Owner/Account to conclude this Agreement on the terms set forth in this Agreement.

1.8. tariff – tariff plan that determines the scope of conditions for access to the Software, selected by the Account Owner, according to the Contractor's price list published on the Internet:/ .

1.9. Repository – place of storage of information, data entered by the User and/or Account Owner after gaining access to the Software.

1.10. Account – record in the Software (paralogin/password or special API key) storing data that allows identification and authorization of the User and/or Account Owner.

1.11. Account – information resource, which is a collection of data from one copy of the Software with a unique identifier, with the help of which program objects are grouped for their joint display and use.

1.12. Electronic documents (next – E-documents) – duly executed documents in which information is recorded in the form of electronic data, including mandatory document details required by current legislation.

The parties have agreed that to fulfill the terms of this Agreement the following types of electronic documents will be used (hereinafter) – E-documents):

1. Account;
2. Act of services provided;
3. Act of reconciliation of mutual settlements;
4. Act of document annulment.

2. SUBJECT OF THE CONTRACT

2.1. The Contractor provides the account owner with access to the software within its functionality, exclusively for the account owner's own use, with the right to provide access to the user within the selected Tariff.

2.2. This Agreement is considered concluded from the moment of payment by the Account Owner of the cost of providing access to the Software and/or registration of the Account, and is valid for the entire period of access to the Software, provided that the Account Owner/User complies with the terms of this Agreement.

2.3. The amount, procedure and terms of payment of fees for providing access to the Software are posted on the Internet at: https://oneboxcorp.com/prices/ . The fee is calculated in accordance with the Tariff Account Owner selected.

3. Rights and Responsibilities

3.1. In accordance with this Agreement, the Account Owner receives access to the Software, as well as the following rights:

3.1.1. the right to independently choose the appropriate Tariff, the list of which is posted on the Internet at /

3.1.2. the right to change the Tariff during the entire period of its validity, in which case the validity of the Tariff will be increased by the period of the paid but not spent current Tariff, taking into account the cost of the new Tariff;

3.1.3. the right to place data belonging to it in the Account/Account in accordance with the chosen Tariff, if such placement does not violate the provisions of this Agreement and the legislation of Ukraine;

3.1.4. the right to use the Storage resources at your own discretion within the framework of this Agreement;

3.1.5. the right to notify the Contractor of deficiencies and demand proper functioning Software;

3.1.6. the right to grant access to the Software to the User within the selected Tariff.

3.1.7 When paying annually, you cannot reduce the rate for the paid period, you can only increase it from additional payment for the difference.

3.2. Account owner is required:

3.2.1. comply with the terms of this Agreement;

3.2.2. provide valid, accurate and complete information about yourself and other information as required to fulfill the terms of this Agreement;

3.2.3. ensure that the login and password required to enter the Account/Account are saved;

3.2.4. Immediately inform Contractor of any copyright infringement on the Co Software third party parties (if the Account Owner is aware of such violations), as well as assist The Contractor in the prompt termination of violations and fixing evidence of their presence;

3.2.5. monitor users over compliance with the terms of this Agreement.

3.3. At the time of providing access to the Software to the Account Owner / User not allowed:

3.3.1. make changes to the Software, decompile, reproduce, copying, distributing data available in the Software for the purpose of transferring information to other software or for other purposes;

3.3.2. copy, distribute the Software, alienate in any other way or by renting to property rental or rental;

3.3.3. transfer logins and passwords to access your Account / Account to any third parties (except transfer of access by the Account Owner to the User) and/or provide access to third parties persons to the Software through another route;

3.3.4. prevent the Software from functioning;

3.3.5. use the Software in activities that are contrary to the laws of Ukraine and violating the rights and legitimate interests of other persons.

3.4. Account owner is required:

3.4.1. comply with the terms of this Agreement (except for failure to fulfill obligations resulting from) case or action of force majeure circumstances);

3.4.2. maintain and maintain the Software functioning;

3.4.3. within a reasonable time (and if possible) – inform the Account Owner in advance about cases of lack of access to the Software, reasons for the lack of such access and/or timing its recovery;

3.4.4. maintain the confidentiality of Account Owner/User information obtained from creating an Account/Account in the Software, content of personal email messages mail, information in the Software, except as otherwise provided in force Ukrainian legislation;

3.4.6. the Contractor has the right to change the terms of this Agreement unilaterally by posting the modified text on the Internet at the address / .

4. Information storage

4.1. The number of gigabytes of SSD disk space and gigahertz of processor power that the Executor has provides to the account owner, depends on the tariff selected by the owner: /prices/#cloud

4.2. If the account owner has exceeded the storage resources, he must switch to another tariff Software;

4.3. In case the Account Owner has stopped paying the monthly provision fee access to the Software, then the data created by the Owner in the system is blocked automatically and the Owner/User loses the right to access the Account starting from the first day of late payment. В if 30 calendar days have expired, the Contractor has the right to delete all accumulated information Account Owner/User, non-recoverable;

4.4. The account owner has the right to transfer the information he has accumulated to external media. Data services are charged separately.

5. Terms of Access to the Software

5.1. Beginning of the Agreement – day of account creation.

5.2. In case the relevant Tariff expires and the Account Owner does not purchase the Account records within 3 (three) calendar days of the new Tariff to restore access to the Account Owner entries must pay a tariff for a period of 3 (three) months, in accordance with current prices and tariffs for recovery moment: /prices/#cloud_onebox

5.3. In order to gain access to the Software, the Account Owner is required go through the registration procedure, as a result of which a unique Account will be created. To add a User, the Account Owner must independently use the Software ensure that they create Accounts and give them access to the Account. Number of online users within one Account is determined based on the Tariff.

5.4. When registering, the Account Owner independently chooses a login (unique symbolic) account owner account name and password. The contractor has the right to prohibit use certain logins, as well as set requirements for login and password (length, allowed characters and т.п.).

5.5. The account owner is solely responsible for security (resistance to guessing) the password he chooses and also maintains the confidentiality of his password himself. Owner The account is solely responsible for all actions/inactions (as well as their consequences) in within or using the Software under your Account, including voluntary cases transfer or failure to maintain confidentiality of data to access his Account to third parties on any conditions.

5.6. The Account Owner is obliged to immediately notify the Contractor about the incident of unauthorized activity access to the Software using his Account/Account and/or any violation (suspected violation of) the confidentiality of your password. For security reasons, Account Owner must independently perform a safe shutdown (button) «Exit») at the end of each sessions for working with the Software. The Contractor is not responsible for possible data loss, as well other consequences of any nature that may occur due to violations by the Account Owner the provisions of this part of the Agreement.

5.7. The Contractor has the right to block and delete the account, including all information without explanation of the reasons in case of violation of the terms of the Agreement. From now on, Account / Account recovery records of any information relating thereto, as well as access to the Software — not possible.

6. Privacy and use of personal data

6.1. The parties undertake to maintain confidentiality with respect to all technical, commercial and other information received from each other and take all reasonable measures to prevent unauthorized access to or disclosure of such information to third parties under this Agreement.

6.2. By accepting the terms of this Agreement, the Account Owner in accordance with the Law of Ukraine «О personal data protection», acting freely, of his own will and in his own interest, expresses his consent for: providing your personal data, including Last Name, First Name, Patronymic, Email Address email, contact phone number, date of birth, region, city, organization, position, and similar User data for processing by the Contractor.

6.3. The Contractor carries out the following actions to process personal data: collection, recording, systematization, accumulation, storage, clarification (updating, changing), withdrawal, use, depersonalization, blocking, deletion, destruction. Personal data is processed for fulfillment terms of this Agreement.

6.4. This Agreement is valid for the entire period of provision of access to the account owner to Software. The account owner understands and agrees that if this is revoked By consent, he will not be able to access part or all of the services of the Software. Po upon termination of the contract, the Contractor undertakes to delete personal data within 30 days from the moment of termination of this Agreement.

6.5. Account owner / User can revoke consent to the processing of personal data, by contacting the Contractor at the address info@oneboxcorp.com

7. Reception and transmission of Services and Electronic document management.

7.1. When signing E-documents, the Parties are obliged to comply with the following procedure and conditions:

1. The contractor creates an E-document by entering the appropriate data (information) into the established one form of the document and affixes your qualified electronic signature (hereinafter) – KEP);
2. A new E-document created and signed by the Contractor's EPC is sent through the system electronic document management or to the email of the Account Owner and is considered received by the Account Owner from the next business day after it was sent by the Contractor;
3. Requirements for signing E-documents:
   • Invoices are signed by the Contractor's EPC and do not require signature by the account owner records;
   • The Contractor's signed CEPs, Certificates of services provided, are sent to the Owner on a monthly basis Account until the 5th day of the month following the month being paid (if start and end the service is provided in different calendar months), or within 5 (five) working days after completion of the provision of the service under this Agreement (if the provision of the service began and ended in one calendar month).
   • Account owner within 5 (five) business days from the date of receipt of the Act the services provided signs it by affixing the EPC and returns it to the Contractor or to provide your written reasonable comments within the specified period.

7.2. Acts of services provided are considered signed by the Parties in cases where they were signed by the EPC Provider sent to the Account Owner, but within the period stipulated in the Agreement, The Account Owner did not sign such Acts and did not send a reasoned refusal to the Contractor signatures. A reasoned refusal to sign the Certificate of Services Provided may be sent through mechanism for rejecting an E-document with the mandatory provision of comments on justified reasons. rejection or by email to the Account Owner's email The executor of the letter signed by the EPC with the mandatory details of this type of document.

7.2.1. Term «justified reason for rejection» means that due to the fault of the Contractor the service was provided in smaller volume than provided in the annex in which the Parties agreed on its provision or The Contractor did not properly address the reasons for the previous rejection/s or the OneBox OS software failed performs functions to the extent ordered by the account owner.

7.2.2. If the reasons for rejecting the acceptance of the Service and, accordingly, signing by the Owner are justified Account of the Certificate of services provided, the Contractor eliminates such reasons within the period that objectively necessary to eliminate such a cause. After eliminating the reasons, the procedure for signing the Act services provided are re-produced in accordance with the terms of the Agreement.

7.2.3. The account owner cannot refuse to sign the Certificate of Services for reasons, which were not specified by him during the previous rejection (assuming they existed) at the time of preliminary rejection) or indicate identical reasons for rejection, if any have already been eliminated by the Contractor based on the results of the previous/- their deviations/ - .

7.2.4. In case of unreasonable refusal by the Account Owner to accept the Service, the Service is accepted they are subject to payment in accordance with the issued Invoice, if it has not been paid before momenta.

7.3. The Parties have agreed that the E-document signed by both Parties will be terminated (cancelled) the use of the EPC is carried out exclusively through the preparation and signing of the Act by the Parties cancellation of E-document.

7.4. If, when the Parties reconcile the data on signing E-documents, discrepancies are identified, then by the following terms and conditions for E-documents will apply by default:

• the E-document that was last signed by the Parties will have legal force using EPC (in case there are several different E-documents for the same one business operation);
• E-the document that has entered into force under the Agreement remains in force until its cancellation .
• based on the results of a specific business transaction, it will have priority legal force valid E-document, if there are homogeneous/substantially similar ones for the same operation documents compiled in written (printed) form, regardless of the date of their execution;
• E-a document signed by the Party using the EPC and transferred to the recipient Party will be shall be considered in all cases signed by an authorized representative of the Sending Party, within the limits granted powers that do not require checking documents for representation every time;
• CEP in legal status is equal to a handwritten signature (seal) if:
  • KEP verified using a strong digital key certificate funds. signatures;
  • during the verification, a strengthened key certificate valid at the time of application was used KEP;
  • the subscriber's private key matches the public key specified in the certificate.

7.5. The E-document is considered received by the Account Owner from the next business day after its day dispatches.

7.6. In order to ensure the security of processing and confidentiality of information, the Parties are obliged to:

• prevent appearance in the computer environment where the system for exchanging E-documents operates, computer viruses and programs aimed at destroying it;
• do not destroy and/or change archives of CEP public keys, electronic E-documents;
• do not use compromised keys for signing E-documents.

7.7. The Parties use one of the following platforms to sign and exchange E-documents:

• On time EDI;
• SOTA Medok;
• Paperless .

If the Account Owner does not use the EPC and/or one of the specified platforms in his business activities, he is required to obtain an EPC for the director or other person duly authorized to act on behalf of the Account Owner and/or register and set up the possibility of such use and notify the Contractor in writing within 5 (five) calendar days from the date of signing this Agreement and, in case of receipt of the EPC for an authorized person, additionally provide a duly certified copy of the document confirming the authority.

7.8 E-mails of the Parties used in fulfilling the terms of this Agreement:

7.8.1. Account owner – email specified by the account owner at the time of the account registrations;

7.8.2. Executor: info@oneboxcorp.com .

7.8.3. In case of change of email, the Party must within 2 (two) business days in writing vide notify the other Party about this. By the time of email change notification, previous valid and all letters/E-documents sent to the previous email address have been sent duly received by the addressee and accordingly creates legal consequences in accordance with contents of sent letters/E-documents.

If the interaction between the Parties, including, but not limited to, sending letters signed by EPC and the exchange of E-documents is carried out using the specified or duly notified addresses email, then neither Party can deny the legal validity of such actions and has no right refer to the fact that the person who actually sent/received the document did not have this necessary scope of powers.

7.9. The parties guarantee, acknowledge and confirm that:

• legal force signed by the Parties and transmitted through the electronic system The workflow of E-documents cannot be denied solely because of what they have electronic form;
• admissibility of those signed by the Parties and transmitted through the electronic document management system E-documents in evidence cannot be denied solely on the basis of what they are have electronic form;
• An electronic signature or seal cannot be invalidated or rendered ineffective to be considered as evidence in legal cases solely on the basis that they exist electronic view;
• CEP has the same legal force as a handwritten signature, and is presumption of it handwritten signature matches;
• based on the duties determined by the Law of Ukraine «About electronic trust services» each the Parties undertake to ensure confidentiality and the inability of others to access personal information key, immediately notify the electronic trust service provider of suspicion or if the private key is compromised, do not use the private key when it is compromised, as well as when revoking or blocking a public key certificate;
• E-documents that the Parties exchange through the electronic document management system have full legal force, may be submitted to the courts as proper evidence of sending, receiving and signing of the specified E-documents by the Parties.

8. Additional Provisions

8.1. In case of violation by the account owner/user of the terms of this Agreement about providing access to the Software, the Contractor has the right unilaterally terminate this Agreement.

8.2. Upon termination of this Agreement by any party and for any reason by the Account Owner records are obliged to cease access to the Software completely starting from the next calendar day days from the date of termination of this Agreement.

8.3 If the account owner/user violates the terms of payment for services to OneBox partners , The Contractor has the right to close access to OneBox CRM + ERP software until full repayment account owner/user debts.

8.4. The software is provided on a principle «as is» and the Contractor does not guarantee that all its functionality will meet the expectations of the account owner records/users and will be applicable for its specific purpose.

8.5 . If the account owner/user commits actions prohibited by regulations of this Agreement, the Contractor has the right to take measures without explanation or any communication, identified and prevented specified violations.

8.6 . For all issues not regulated by this Agreement, the Parties are guided by the current one Ukrainian legislation.

Artist:
OOO" ONEBOX CORP"
Director Igor Petrovich Ustimenko
USREOU code 44611426
14000, Chernihiv, street. Pyatnitskaya, d.16
IBAN UA333052990000026001026305297
AO KB" PrivatBank"
E- mail: info@oneboxcorp.com