Section 9. Force majeure
9.1. The Parties shall be released from liability for non-fulfillment and / or improper fulfillment of obligations under this Agreement in case of force majeure, such as: adoption by state bodies of normative legal acts that significantly impede implementation of this Agreement, mass diseases (epidemics, epizootics), threat war, armed conflict or serious threat of such conflict, including but not limited to enemy attacks, blockades, military embargoes, actions of foreign enemies, general military mobilization, military action, declared and undeclared war, actions of public enemy, riots, acts of terrorism, sabotage, piracy , riot, riot, blockade, revolution, revolt, uprising, mass riots, curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions , fire, explosion, long breaks in work of transport regulated by the terms of relevant decisions and acts of public authorities, closure of sea channels, embargoes, bans (restrictions) on exports / imports, etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado , storm, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquakes, lightning, fire, drought, subsidence and landslides, other natural disasters, as well as in other similar circumstances that do not depend on the will of the Parties.
9.2. The occurrence and termination of all force majeure circumstances is evidenced by the relevant documents, which in accordance with the current legislation of Ukraine are confirmation of such circumstances.
9.3. The Party for which force majeure has occurred must notify the other Party in writing within 5 (five) working days from the date of such circumstances and provide the relevant documents, which according to the current legislation of Ukraine are confirmation of such circumstances.
9.4. A Party that invokes the existence of force majeure as a reason for improper performance of its obligations under this Agreement shall be released from liability for such improper performance of obligations only if the force majeure circumstances referred to by the Party arose after the conclusion of this Agreement, their occurrence is caused by events beyond the control of that Party, and that Party has taken all necessary measures to avoid or eliminate the negative consequences of such circumstances.
9.5. If force majeure lasts more than one calendar month, each of the Parties has the right to terminate this Agreement. In such a case, neither Party shall have the right to claim compensation for possible damages from the other Party.
Section 10. Processing of personal data and confidentiality
10.1. The customer agrees to the use and processing of his personal data (personal data of his employees) for administrative, legal and commercial purposes.
10.2. Consent is given to personal data for any actions permitted by law and necessary for the implementation of this Agreement, including: collection, systematization, storage, clarification (update, change), use, transfer (provision, access), including cross-border transfer, depersonalization, blocking, destruction; with and without the use of automation tools as ways of processing personal data.
10.3. The customer agrees to the transfer of their personal data to third parties in the minimum amount necessary to comply with the law and these contractual obligations in compliance with applicable law.
10.4. The terms of this Agreement, all materials, documents, information related to the conclusion and implementation of this Agreement, the details of the Parties and the mutual obligations of the Parties are confidential. They may not be transferred to third parties without the prior written consent of the other Party, except as provided by applicable law of Ukraine and / or the terms of this Agreement.
10.5.The provisions of this Agreement, documentation, information related to its implementation may be viewed only by those persons directly involved in the implementation of the terms of this Agreement, other persons may access the provisions of this Agreement and other materials and information only in cases provided by the current legislation of Ukraine and / or the terms of this Agreement.
10.6. The Client gives the Contractor voluntary and unconditional consent to the processing, dissemination and use of personal data in the amount contained in this Agreement, required by the Contractor in order to properly comply with the terms of this Agreement and current legislation of Ukraine.
10.7. The Contractor shall ensure the confidentiality of information that has become known to the Contractor in connection with the conclusion and implementation of the terms of this Agreement and undertakes not to disclose it to third parties.
10.8. The following shall not violate the conditions of confidentiality of the Contractor's disclosure of confidential information and / or personal data:
10.8.1. Directly to the Client.
10.8.2. Authorized persons of the Client.
10.8.3. To foreign investment firms and / or foreign financial regulators in case of transfering of Client Orders to a foreign investment firm.
10.8.4. To public authorities and their officials in cases and to the extent provided by law.
10.8.5. To persons who have access to information (personal data) and its processing in relation to the Client - a natural person / authorized person of the Client, based on the consent of the Client / authorized person of the Client to carry out such processing.
10.8.6. Organized market operators, trade repositories, issuers, banks (within the limits of banks' compliance with the legislation on prevention and counteraction to legalization (laundering) of income and / or requirements established by tax legislation and / or international agreement containing provisions on information exchange for tax purposes, consent to be bound by the Verkhovna Rada of Ukraine or an interdepartmental agreement concluded on its basis), as well as other bodies, institutions, organizations or officials in cases provided by law (including foreign), rules of operation of the Organized Markets Operator and / or the rules of clearing activities and / or this Agreement.
10.8.7. To other persons solely for the purpose of conducting statistical surveys, any analysis and reporting.
10.8.8. To other persons, in case failure to provide such information will be considered a violation of current legislation of Ukraine.
10.9. The Parties have agreed that the Contractor may record any contact with the Client (including by audio and / or video recording, recording of electronic messages, etc.) on their devices in order to ensure the security and proper service of the Client without his prior notice. These materials can be used as evidence in the relevant procedural actions.
10.10. The Client agrees to send the Contractor information containing any confidential information and / or personal data of the Client using the means of communication specified in this Agreement.
10.11.The Contractor guarantees that any personal data and / or confidential information transmitted in accordance with the terms of this Agreement are received, processed and transmitted in accordance with the requirements of current legislation of Ukraine and the terms of this Agreement. The Contractor guarantees that the transfer and processing of personal data and / or confidential information is carried out solely to ensure the fulfillment of obligations under this Agreement, to the extent and within the limits specified by applicable law of Ukraine and this Agreement. Method of personal data processing is mixed processing of personal data using both automated information systems and paper.
10.12. The Parties are responsible for ensuring the confidentiality of documentation obtained in compliance with the terms of this Agreement, and confidentiality of information and results obtained.
10.13. The Client undertakes not to transfer any information that became known to him in connection with the conclusion and / or fulfillment of the terms of this Agreement to third parties without the written consent of the Contractor, unless otherwise provided by law.
10.14. Obligations to comply with the requirements of this Article shall remain in force after the termination of this Agreement for 5 (five) years.
10.15. In case of disclosure by one of the Parties of confidential information and / or personal data, which became known to such Party in connection with the conclusion and / or fulfillment of the terms of this Agreement, to third parties not specified in this Agreement, and in cases not provided by law, the Party whose rights have been violated shall have the right to demand from the other Party compensation for damages caused to it in accordance with the procedure established by law.
Section 11. Final Provisions
11.1. This contract is governed by the current legislation of Ukraine.
11.2. The Contractor may conduct an audio recording of all conversations with the Customer without additional notification of the Customer. This information is confidential.
11.3. The Contractor maintains the confidentiality of data and information received from the Customer when concluding the Agreement or in the course of its execution and may distribute them only in the manner and cases expressly provided for by the current legislation of Ukraine.
11.4. The Customer gives unconditional consent to the storage and processing, including automated, of any information related to the Customer's personal data for the purpose of performing this Agreement and the consequences of its performance or non-performance. The Customer gives the Contractor his consent to the processing of all his personal data without limitation of the storage period and the period of processing of personal data.
11.5. Recognizing any provision or clause of this Agreement or its annexes as invalid does not affect the validity of the remaining provisions and conditions of the Agreement.
11.6. The parties have established that any disputes and claims will be resolved through negotiations.
11.7. The parties are aware that the services are provided by the Contractor, who is registered and operates in accordance with the legislation of Ukraine.
11.8. The Parties agreed to consider the place of conclusion of the agreement and the place of service provision as the location of the Contractor specified in Section 2 of this Agreement.
11.9. By accepting this Offer, the Customer agrees that all disputes related to this Agreement will be considered in accordance with the legislation of Ukraine without taking into account the rules of conflict of law. The customer also agrees that all such disputes are within the exclusive competence of the relevant courts of Ukraine.
11.10. The headings used in the articles and clauses of this Offer are used only for references and ease of use of the text. These headings cannot be considered as defining, limiting or changing, or affecting the meaning and content of the terms of this Offer or any part thereof.
11.11. Everything stated constitutes a single text of the Agreement, which replaces all previous negotiations, correspondence, agreements, proposals and statements made or expressed by the Parties on the subject of the Agreement in oral or written form.
11.12. In all cases not provided for in this offer, the Parties are governed by the current legislation of Ukraine
Section 12. Details of the Contractor
INDIVIDUAL ENTREPRENEUR Nabatov Dmytro Serhiyovych
Legal address: 08292, Bucha, st. Kachynskogo Lieha, 4-в
МФО КБ PrivatBank 305299
(USD): UA683052990000026009046221502, SWIFT: PBANUA2X;
(EUR): UA483052990000026007046230272,SWIFT: PBANUA2X.