Kochevykh Volodymyr Ivanovych
I-BEE PUBLIC OFFER AGREEMENT
- TERMS AND DEFINITIONS
- SUBSCRIBER – a person who has entered into a public offer agreement with the CONTRACTOR of the “i-bee” system and receives services under this agreement.
- CONTRACTOR – Individual entrepreneur Kochevykh Volodymyr Ivanovych, registered at the address 03039, Kyiv, Holosiivskyi Avenue, 15, apt. 26.
- I-bee SYSTEM (hereinafter – SYSTEM) – software and hardware complex that allows the SUBSCRIBER to receive information about the state of the EQUIPMENT and the environment close to it by connecting to the Internet.
- EQUIPMENT – hardware telemetry devices that allow remote measurements and collection of environmental information inside the beehive and then send them to the SERVER.
- SERVER – a set of software and hardware designed to collect, process and store DATA coming from the EQUIPMENT, with the subsequent provision of data to the SUBSCRIBER using the MOBILE APPLICATION.
- MOBILE APPLICATION – software installed on iOS or Android smartphones, through which the Internet and the SUBSCRIBER has the opportunity to access the DATA stored on the SERVER.
- DATA – a set of indicators sent to the EQUIPMENT and stored on the SERVER.
- SERVICE – organization of the SUBSCRIBER’s access to DATA via the Internet and MOBILE APPLICATION
- SUBSCRIBER FEE – a fixed regular payment determined by the CONTRACTOR in the TARIFF PLAN, which is paid by the CUSTOMER for the services provided by the CONTRACTOR.
- TARIFF PLAN – a table of correspondence of the list of SERVICES of their value, approved by the CONTRACTOR on the official website and in Annex №1 to this Agreement.
- LOGIN – a valid mobile phone number of the SUBSCRIBER, by means of which the SUBSCRIBER registers and further authorizes in the MOBILE APPLICATION. By specifying this mobile phone number, the SUBSCRIBER agrees to receive SMS-messages from the CONTRACTOR regarding the operation of the SYSTEM.
- PASSWORD – a set of unique symbols created by the SUBSCRIBER during registration in the MOBILE APPLICATION for access to DATA.
- The terms of this Agreement are determined by the CONTRACTOR independently in accordance with the current legislation of Ukraine.
- This Public Offer Agreement is automatically concluded with each person (legal or natural) who wishes to enter into it, with the consent of the SUBSCRIBER
on the terms of this Agreement during registration in the MOBILE APPLICATION.
- The Contract is binding for the CONTRACTOR after placing it on the official website of the CONTRACTOR. For the SUBSCRIBER the agreement becomes
obligatory after registration in the MOBILE APPLICATION by creating a LOGIN and PASSWORD.
- The Agreement applies exclusively to the use of the SYSTEM and the provision of SERVICES and does not apply to the operation of the SUBSCRIBER’S EQUIPMENT.
- RIGHTS AND OBLIGATIONS
- Rights of the CONTRACTOR
- Terminate the provision of the SERVICE to the SUBSCRIBER in case of any debt under this Agreement by restricting access to the DATA or the SYSTEM.
- Update the functionality of the SYSTEM without the prior consent of the SUBSCRIBER.
- Change the cost of the SUBSCRIBER FEE and the content of TARIFF PLANS by informing the SUBSCRIBER via the MOBILE APPLICATION, the
SYSTEM WEB-site ( https://www.i-bee.eu) and sending the information by e-mail within 30 days, the SUBSCRIBER before the entry into force of these changes.
- Duties of the CONTRACTOR:
- After registration of the SUBSCRIBER in the SYSTEM to provide the SUBSCRIBER’s access to the SYSTEM via the Internet.
- Provide the SUBSCRIBER with access to the instructions for using the nf SYSTEM settings.
- Provide the SUBSCRIBER with technical support in accordance with Section 5 of this Agreement.
- Ensure that the DATA is stored and archived on the SERVER for an unlimited time.
- SUBSCRIBER’S RIGHTS
- Get access to the SYSTEM in case of timely payment for SERVICES.
- Refuse to receive the SERVICE at any time without any penalties from the CONTRACTOR.
- Delete all your own information from the SYSTEM without the possibility of recovery.
- Contact the CONTRACTOR’s technical support service in accordance with section 5 of this Agreement.
- DUTIES OF THE SUBSCRIBER:
- Pay for the SERVICES under this Agreement in a timely manner.
- REGULATIONS FOR PROVISION AND PAYMENT OF SERVICES
- The provision of SERVICES to the SUBSCRIBER begins immediately after the completion of registration in the MOBILE APPLICATION.
- Registration in the SYSTEM is considered completed after entering in the MOBILE APPLICATION by the SUBSCRIBER the code from the SMS-message, which was sent to the phone number of the SUBSCRIBER, indicated as the LOGIN.
- Until the SUBSCRIBER adds the EQUIPMENT through the MOBILE APPLICATION OF THE EQUIPMENT, the cost for the SERVICES is not charged.
- The total cost of the SERVICE is determined in accordance with the TARIFF PLAN.
- Payments under this Agreement are made by the CUSTOMER in one of two ways:
- Through the MOBILE APPLICATION using the FONDY payment system – instantly.
- On the basis of invoices issued by the CONTRACTOR, in Ukrainian hryvnias by transfer by the CUSTOMER of money to the current account of the CONTRACTOR.
- The SUBSCRIBER pays for the SERVICES to the CONTRACTOR in full, in a single payment, within 2 (two) banking days from the moment of receiving a copy of the invoice by
e-mail, or instantly through the FONDY payment system. An electronic and facsimile copy of the invoice has the legal force of the original.
- TARIFF PLAN is defined by the CONTRACTOR in conventional units. One conventional unit is equivalent to one US dollar. Conversion into Ukrainian
hryvnia is carried out at the rate of the National Bank of Ukraine on the day of invoicing.
- If necessary, the exchange of accounting documents, including the provision of acts of work performed / services provided, is carried out through the service on time ( https://vchasno.ua/) using an electronic digital signature.
- Access to DATA is provided to the SUBSCRIBER after the completion of registration and is provided free of charge during the first month of using the SERVICE by the SUBSCRIBER.
- If at 00:00 5 (fifth) month following the first SERVICE has not been paid by the SUBSCRIBER for the current calendar year in addition to the calendar days remaining in this year, the CONTRACTOR has the right to suspend the provision of SERVICES, and for delay payment for more than 30 (thirty) calendar days unilaterally terminate this Agreement and delete all DATA.
- If on 00:00 10 (tenth) January of each calendar year the SERVICE has not been paid by the SUBSCRIBER for the current calendar year, the CONTRACTOR
has the right to suspend the provision of SERVICES, and for delay of payment for more than 30 (thirty) calendar days unilaterally terminate this Agreement and delete all DATA.
- If the SUBSCRIBER refuses to receive the SERVICE or deletes his data from the SYSTEM during the paid period, the paid funds are not subject to return and transfer.
- PROVISION OF TECHNICAL SUPPORT
- As part of the provision of the SERVICE to the SUBSCRIBER, the CONTRACTOR provides technical support to the SYSTEM.
- Technical support includes:
- Subscriber’s consultation on the SYSTEM operation.
- Remote diagnostics of the EQUIPMENT in the presence of such possibility.
- Remote change of settings in the EQUIPMENT at the request of the SUBSCRIBER.
- Processing of wishes concerning the new functionality of the SYSTEM.
- Technical support does not include:
- Creating LOGINS and PASSWORDS for SUBSCRIBERS.
- Adding to the EQUIPMENT SYSTEM.
- The term of reaction to the SUBSCRIBER’s request by the CONTRACTOR’s representatives shall not exceed 8 (eight) working hours. The reaction means the acceptance by the CONTRACTOR of the SUBSCRIBER’s request and the provision by the CONTRACTOR to the SUBSCRIBER of approximate terms of technical support.
- Technical support is provided between 9:30 and 18:00 every working day. Working days are determined in accordance with the resolutions of the Cabinet of Ministers of Ukraine.
- All requests to the CONTRACTOR for technical support are made by the SUBSCRIBER using the online resource JIRA Service Desk at the link
https://itinnovations.atlassian.net/servicedesk/customer/portal/5, or through the widget built into the MOBILE APPLICATION.
- In some cases, namely when it is necessary to obtain additional information from the SUBSCRIBER, the CONTRACTOR may provide technical support to the SUBSCRIBER
- For non-performance or improper performance of obligations under this agreement, the CONTRACTOR and the SUBSCRIBER shall be liable in accordance with the current legislation of Ukraine.
- The CONTRACTOR shall not be liable for breach of the obligations provided for in clause 3.2.4. of this Agreement, if these violations occurred for reasons beyond the control of the CONTRACTOR, namely:
- In case of failure, violation of the mode or loss of DATA that occurred before the data on the CONTRACTOR’S SERVER.
- In case of failure, violation or loss of data that occurred during the transfer of DATA from the CONTRACTOR’S SERVER to the SUBSCRIBER.
- In the event of failures in the transmission of data from the EQUIPMENT caused by outside interference in its operation.
- The CONTRACTOR terminates the provision of SERVICES from the moment of violation of payment terms.
- The CONTRACTOR undertakes to maintain strict confidentiality of information about the SUBSCRIBER.
- The CONTRACTOR is not liable for damages incurred in the following cases, but not limited to:
- SYSTEM malfunction caused by improper operation of other electrical devices used in the immediate vicinity of the EQUIPMENT.
- Lack of ability to receive and send signals necessary for proper operation (in particular, lack of mobile coverage), or other violations / interference of radio programs, independent of the CONTRACTOR, caused by improper use of the EQUIPMENT by the SUBSCRIBER;
- In case the SUBSCRIBER provides a LOGIN and PASSWORD to the SYSTEM to third parties.
- INTELLECTUAL PROPERTY RIGHTS
- The trademark and the trademark “i-bee” belong to the CONTRACTOR.
- The SYSTEM software, namely the SERVER, and the MOBILE APPLICATION belong to the CONTRACTOR.
- The provision of SERVICES to SUBSCRIBERS does not mean the transfer of any intellectual property rights of the SYSTEM.
- The CONTRACTOR reserves the right to use the DATA at its own discretion and for research work.
- FORCE MAJEURE.
- The CONTRACTOR and the SUBSCRIBER shall be released from liability in case of delay in fulfillment of obligations or non-fulfillment of their obligations under the
Agreement, if the specified delays or non-fulfillment arose due to force majeure circumstances (force majeure).
- Circumstances of force majeure include: war, strikes, fires, explosions, floods or other natural disasters; announcement of an embargo, other actions or inaction
of the authorities and / or administration of Ukraine or other countries that directly affect the performance of the CONTRACTOR and the SUBSCRIBER of their duties.
- The CONTRACTOR and the SUBSCRIBER are obliged to notify each other in writing, no later than 48 (forty eight) hours from the moment of occurrence of force majeure
circumstances, if they interfere with the proper performance of the Agreement. Confirmation of the occurrence of force majeure circumstances is the official confirmation of such circumstances by the Chamber of Commerce and Industry of Ukraine or another authorized body.
- OTHER TERMS OF THE AGREEMENT
- Relationships between the CONTRACTOR and the SUBSCRIBER, which are not regulated by this Agreement, are regulated by the current legislation of Ukraine.
- By accepting this Agreement, the CONTRACTOR and the SUBSCRIBER in accordance with the Law of Ukraine “On Personal Data Protection” give each other unambiguous
unconditional consent (permission) to process personal data in written and / or electronic form in the amount contained in this Agreement, invoices, acts and other documents related to this Agreement, in order to ensure the implementation of civil, commercial, administrative, tax and accounting relations, as well as confirms that it has received notification of the inclusion of personal data in the personal data base in
State Register of Personal Databases.
TO THE PUBLIC OFFER
- SUBSCRIPTION cost for the current year depending on the number of hives:
|Package for a number of hives
||1,369 th most common
||2,465 th most common
* 1 (first month) free during 2020
Accrued in accordance with the date of activation of the Package to the relevant Tariff Plan, based on the number of calendar days remaining until the end of the current year.
All prices are in conventional units equivalent to the US dollar.
The calculation is made at the rate of the National Bank of Ukraine on the day of invoicing.