BB TEAM STORE
Agreement on the provision of consulting services
Individual entrepreneur Nabatov Dmitry Sergeevich, acting on.
on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations (taxpayer identification number: 3 204 801 119, hereinafter - the Contractor) on the one hand, this document offers services to an unlimited number of individuals, hereinafter - the Client or Customer, with the other Party (hereinafter referred to as the Parties) - accept this Public Offer (enter into an agreement on the provision of consulting services).
The offer is public and, according to Art. Art. 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Clients or Customers. Unconditional acceptance of all terms of this Public Offer without any exceptions and / or restrictions is considered acceptance of this Public Offer (hereinafter the Agreement) by the Contractor and the Customer, and the Agreement itself is automatically considered concluded.
Section 1. Terms
on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations (taxpayer identification number: 3 204 801 119, hereinafter - the Contractor) on the one hand, this document offers services to an unlimited number of individuals, hereinafter - the Client or Customer, with the other Party (hereinafter referred to as the Parties) - accept this Public Offer (enter into an agreement on the provision of consulting services).
The offer is public and, according to Art. Art. 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Clients or Customers. Unconditional acceptance of all terms of this Public Offer without any exceptions and / or restrictions is considered acceptance of this Public Offer (hereinafter the Agreement) by the Contractor and the Customer, and the Agreement itself is automatically considered concluded.
Section 1. Terms
- Client's assets are funds and / or financial instruments that are recorded in the internal account of the Contractor on the Client's account and must be credited to this account, minus funds and / or financial instruments that must be paid and / or debited from this account.
- Acceptance is full, unconditional acceptance by the Customer of the conditions set by the Offer without any exceptions, restrictions and reservations in accordance with Part 2 of Article 642 of the Civil Code of Ukraine. Acceptance can be carried out in one of the following ways: by filling in, signing and submitting by the Customer to the Contractor a written Acceptance, a sample of which is on the Contractor's website; transfer of funds to the Contractor's bank account as payment or partial payment for the relevant services of the Contractor; registration of the Customer on the website of the Contractor; placement by the Customer Order for the services of the Contractor through the site of the Contractor.
- Broker is an intermediary in concluding agreements between seller and buyer, insurer and insurer, shipowner and charterer.
- Contractor's internal documents are rules and / or policies and / or regulations of the Contractor.
- Agreement is a transaction made in the form of an accession agreement in accordance with Art. 634 of the Civil Code of Ukraine on the provision of services, the conditions of which are set by the Contractor, and which can be concluded only by joining the Customer to the proposed Agreement as a whole.
- Order is instructions (instructions, orders) of the Client to the Contractor to provide a certain type of Service with certain Financial Instruments on the basis of the Agreement on the terms established by the Client.
- The Customer is an able-bodied natural person and / or a capable legal entity that has Accepted the Public Offer of the Contractor set forth in this Agreement.
- The Customer must read the terms of the Public Offer and confirm its agreement with its terms when receiving any services of the Contractor, as well as when ordering any services through the Site of the Contractor and / or through the Mobile Application of the Contractor.
- The consent of the personal data subject is a voluntary expression of the will of an individual who gives permission for the processing of his / her personal data in accordance with the purpose of processing.
- Investment portfolio is a set of international financial assets owned by the Customer. It may change during the Investment Period.
- The Customer's foreign broker is any foreign financial institution that has a valid license to conduct a brokerage license in the United States, the European Union or a country other than Ukraine, which allows professional brokerage in the securities market in which the Customer has opened a brokerage account and notified the Contractor.
- Qualified Electronic Signature (QES) is an advanced electronic signature that is created using a qualified electronic signature tool and is based on a qualified public key certificate..
- The Client is a natural or legal person to whom the Contractor provides Services on the basis of the Agreement.
- Material benefits - The Parties understand the increase in the net value of the Customer's assets placed by the Customer on the account of a Foreign Broker or Exchange of Digital Assets (cryptocurrencies) and in respect of which the Contractor provides the Services.
- OTP (one time password) is a one-time digital password sent by the Contractor to the personal number of the Client's mobile phone (by sending an SMS-message) in order to identify such person and confirm entry into the Personal Account and / or received from him order, approval, message, etc.
- Credentials are data of the User (Customer), which are used to identify him and provide authorized access to the Contractor's website.
- Processing of personal data is any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, renewal, use and distribution (distribution, sale, transfer), depersonalization, destruction of personal data, including the use information (automated) systems.
- Personal account is organizational and technical system of remote maintenance (software), which is located on the Site and through which the Contractor may provide Services to the Client.
- Personal data is information about an individual who is identified or can be specifically identified.
- The terms "advice" and "recommendation" refer to services not related to such activities within the professional activity of trading in financial instruments as investment advice.
- Suspicious transaction - a transaction on Financial Instruments, which may result in or may violate the laws of Ukraine, which, in particular, includes manipulating prices in the securities market or concluding agreements using insider information.
- Services - information and consulting services, which consist in providing the Customer with information about the possibility and available forms of Investment. In addition, the Contractor may provide the necessary organizational assistance and support for the procedures required for such investment. The Contractor may provide its recommendations on an effective investment option, by separate agreement - to represent the interests of the Customer to third parties.
- Rules for the provision of relevant Services are the terms of the Services selected by the Customer under this Agreement, are an integral part of it and are the only source of settlement of all relations between the Customer and the Contractor arising in the process of providing Services. All advertising, presentation and other materials created and existing for the purpose of informing about the Contractor's services are of informational and reference nature only and are not a source of regulation of all conditions of provision of Services.
- Public offer is a proposal of the Contractor (posted on the website of the Contractor), addressed to an unlimited number of individuals in accordance with Article 641 of the Civil Code of Ukraine to enter into an Agreement for the provision of services under certain conditions of the Agreement
- A recommendation is a statement (advice) of the Contractor for the Customer by means of which the course of action is determined.
- The Contractor's website is a web page on the Internet at https://bbtm.pro, which is the main source of information for the Customer and / or can be used by the Customer to order the Contractor's services.
- SMS (short message service) is a system that allows you to send and receive text messages using the services of a mobile operator and the availability of a suitable mobile (cellular) phone.
- Tariffs are monetary rewards established by the Contractor for the provision of services under this Agreement.
- A transnational exchange is a type of international exchange with a high degree of organizational, managerial and production integration between the parent company and foreign affiliates.
- Financial instruments are securities, including securities of collective investment institutions; money market instruments; options, futures, swaps, future interest rate contracts and any other derivative contracts the underlying asset of which is a security, currency or other derivative contract based on interest rates, yields, indices or exchange rates, and which may be performed in the form of physical delivery (derivative contracts) or settlements (settlement derivative contracts); options, futures, swaps, forwards and other derivative contracts, the underlying asset of which is a product that has or may be executed in the form of settlements at the option of one of the parties (mixed derivative contracts), except in cases of insolvency or other termination ; derivative financial instruments that involve the transfer of credit risk, including credit notes and credit default swaps; financial contracts for the difference in prices; derivative contracts relating to assets, rights, liabilities, indices, exchange rates not specified in this part and which have the characteristics of another derivative financial instrument, including those concluded on a regulated market, OTM or BTM; digital assets (cryptocurrency).
- Any other terms not specified in this Article of the Agreement shall be used in the meaning given to them by the provisions of the legislation in force in Ukraine, unless otherwise provided by this Agreement.
Section 2. General conditions
2.1. This Agreement is concluded between the Customer and the Contractor in the form of a connection agreement in accordance with Art. 634 of the Civil Code of Ukraine and is valid until the Parties fulfill their obligations.
2.2. Publication (posting) of the text of the Agreement on the Contractor's website is an official proposal (Public Offer) of the Contractor addressed to an indefinite number of persons in accordance with Article 641 of the Civil Code of Ukraine to enter into an agreement with him on services under the accession agreement.
2.3. In case of acceptance of the terms of this Offer, the Customer agrees to all the terms of this Agreement and confirms that he understands all its provisions.
2.4. This Offer is an open and publicly available document. The current version of the Agreement is posted at: https://bbtm.pro and is available for review until the Customer accepts the terms of the Agreement.
2.5. The Customer has the right to establish a business relationship with the Client without his physical presence. When establishing a business relationship with the Client without his physical presence, the Customer has the right in the manner and in cases specified by law, to receive and use information and / or documents (in addition to the means specified in this Agreement):
2.5.1. Using the Bank ID system of the National Bank of Ukraine.
2.5.2. According to the verification procedure performed by the Contractor in the video broadcast mode.
2.5.3. From the mobile application of the State Enterprise "DIIA".
2.5.4. From the third person.
2.6. The Contractor has the right to amend or supplement the Agreement at any time without prior or subsequent notice, which is published 10 days before their entry into force and is made public through publication on the Site. The Customer is obliged to get acquainted with the current version of the Agreement.
2.7. Each Party guarantees to the other Party that it has the necessary capacity, as well as all the rights and powers necessary and sufficient for the conclusion and implementation of the Agreement in accordance with its terms. The customer also confirms that there are no circumstances due to which such a contract could be considered null and void.
2.8. This Agreement is public within the meaning of Article 633 of the Civil Code of Ukraine.
2.9. The place of concluding the Agreement is Bucha, Kyiv region, Ukraine.
2.10. Upon joining this Public Offer, the Customer gives consent to the Contractor for the use and processing of his personal data under the Law of Ukraine "On Personal Data Protection".
2.1. This Agreement is concluded between the Customer and the Contractor in the form of a connection agreement in accordance with Art. 634 of the Civil Code of Ukraine and is valid until the Parties fulfill their obligations.
2.2. Publication (posting) of the text of the Agreement on the Contractor's website is an official proposal (Public Offer) of the Contractor addressed to an indefinite number of persons in accordance with Article 641 of the Civil Code of Ukraine to enter into an agreement with him on services under the accession agreement.
2.3. In case of acceptance of the terms of this Offer, the Customer agrees to all the terms of this Agreement and confirms that he understands all its provisions.
2.4. This Offer is an open and publicly available document. The current version of the Agreement is posted at: https://bbtm.pro and is available for review until the Customer accepts the terms of the Agreement.
2.5. The Customer has the right to establish a business relationship with the Client without his physical presence. When establishing a business relationship with the Client without his physical presence, the Customer has the right in the manner and in cases specified by law, to receive and use information and / or documents (in addition to the means specified in this Agreement):
2.5.1. Using the Bank ID system of the National Bank of Ukraine.
2.5.2. According to the verification procedure performed by the Contractor in the video broadcast mode.
2.5.3. From the mobile application of the State Enterprise "DIIA".
2.5.4. From the third person.
2.6. The Contractor has the right to amend or supplement the Agreement at any time without prior or subsequent notice, which is published 10 days before their entry into force and is made public through publication on the Site. The Customer is obliged to get acquainted with the current version of the Agreement.
2.7. Each Party guarantees to the other Party that it has the necessary capacity, as well as all the rights and powers necessary and sufficient for the conclusion and implementation of the Agreement in accordance with its terms. The customer also confirms that there are no circumstances due to which such a contract could be considered null and void.
2.8. This Agreement is public within the meaning of Article 633 of the Civil Code of Ukraine.
2.9. The place of concluding the Agreement is Bucha, Kyiv region, Ukraine.
2.10. Upon joining this Public Offer, the Customer gives consent to the Contractor for the use and processing of his personal data under the Law of Ukraine "On Personal Data Protection".
Section 3. The procedure for concluding the Agreement
3.1. 3.1. The conclusion of the Agreement is carried out through the Customer's accession to the Public Offer by full and unconditional acceptance (acceptance) of the terms of this Agreement as a whole, without any conditions, withdrawals and comments.
3.2.The Customer confirms that prior to the conclusion of this Agreement, he was fully and properly acquainted with all its provisions and accepted them of his own free will without any coercion.
3.3. The Customer accepts the Agreement (ie gives its direct and irrevocable consent to comply with all its terms) by collectively or individually performing at least one of the following actions:
- filling in, signing and submitting by the Customer to the Contractor a written Acceptance, a sample of which is on the Contractor's website;
- transfer of funds to the Contractor's bank account as payment or partial payment for the relevant services of the Contractor;
- registration of the Customer on the website of the Contractor;
- placing an order for the Contractor's services by the Customer through the Contractor's website.
3.4. The fact of concluding (accepting) the Agreement is the implementation by the Customer of the actions specified in paragraph 3.3. Section 3 of this Agreement.
3.5.The Agreement, subject to the procedure of its acceptance, is considered concluded in simple written form, comes into force from the moment of acceptance and is valid for the entire period of receiving services or until its termination on the grounds specified in the Agreement and / or current legislation of Ukraine. The expiration of the Agreement does not release the parties from the fulfillment of their obligations.
3.6. The conclusion of the Agreement means that the Customer:
3.6.1. Has gotten acquainted with the rules of providing services to the extent necessary for him.
3.6.2. Recognizes the professional suitability of the Contractor and the rules of all actions described in this Agreement.
3.6.3. Accepts all the terms of this Agreement without comment.
3.1. 3.1. The conclusion of the Agreement is carried out through the Customer's accession to the Public Offer by full and unconditional acceptance (acceptance) of the terms of this Agreement as a whole, without any conditions, withdrawals and comments.
3.2.The Customer confirms that prior to the conclusion of this Agreement, he was fully and properly acquainted with all its provisions and accepted them of his own free will without any coercion.
3.3. The Customer accepts the Agreement (ie gives its direct and irrevocable consent to comply with all its terms) by collectively or individually performing at least one of the following actions:
- filling in, signing and submitting by the Customer to the Contractor a written Acceptance, a sample of which is on the Contractor's website;
- transfer of funds to the Contractor's bank account as payment or partial payment for the relevant services of the Contractor;
- registration of the Customer on the website of the Contractor;
- placing an order for the Contractor's services by the Customer through the Contractor's website.
3.4. The fact of concluding (accepting) the Agreement is the implementation by the Customer of the actions specified in paragraph 3.3. Section 3 of this Agreement.
3.5.The Agreement, subject to the procedure of its acceptance, is considered concluded in simple written form, comes into force from the moment of acceptance and is valid for the entire period of receiving services or until its termination on the grounds specified in the Agreement and / or current legislation of Ukraine. The expiration of the Agreement does not release the parties from the fulfillment of their obligations.
3.6. The conclusion of the Agreement means that the Customer:
3.6.1. Has gotten acquainted with the rules of providing services to the extent necessary for him.
3.6.2. Recognizes the professional suitability of the Contractor and the rules of all actions described in this Agreement.
3.6.3. Accepts all the terms of this Agreement without comment.
Section 4. Subject of the contract, procedure for execution and payment for services
4.1. This Public Offer (hereinafter - the Offer, the Agreement) defines the features of the provision of business consulting services to the Customer.
4.2. Services are provided from the moment of Acceptance by the Customer of the terms and conditions of this Agreement and its annexes (if any).
4.3. The Contractor will provide consulting services to the Customer, and the Customer undertakes to pay for the Services provided by the Contractor on the following terms.
4.4. Following services that may be provided under this Offer:
4.4.1. Providing consultations on financial assets (cash, bonds, stocks, government bonds, options, futures, digital assets (cryptocurrency) and other derivatives in the Ukrainian and international markets, others), the procedure for transactions with them.
4.4.2. Providing recommendations on the formation of investment portfolios by the Customer - a set of the above financial assets in the Customer's own account.
4.4.3.Advising the Customer during his/her transactions with financial instruments.
4.4.4. Representation of the Customer in its relations with the selected Customer Broker, Exchange, etc. for transactions with financial instruments and assets of the Customer.
4.5. The Parties have agreed that the Customer may grant the Contractor the right to transfer orders on behalf of the Customer to a Foreign Broker for the implementation of the Services. To do this, the Customer will authorize the Contractor through the issuance of a power of attorney or other document required by the Foreign Broker. The Customer must notify the Contractor.
4.6. The Parties agree that the Contractor does not guarantee any financial or other results of the Customer's application of the Contractor's Recommendations in its activities.
4.7. No claims for the effectiveness of the Customer's application of knowledge and skills acquired as a result of the Contractor's services may be presented to the Contractor. Responsibility for the use of such knowledge and skills, as well as for any results, direct or side effects resulting from the use of such knowledge and skills rests entirely with the Customer.
4.8. The Parties acknowledge and confirm that the proper provision of the Services by the Contractor depends on the assistance of the Customer, as well as the fulfillment by the Customer of the following counter-obligations under the Offer:
4.8.1. Timely provision of all data, including documents and answers to questionnaires and questionnaires, which are reasonably required by the Contractor in connection with the provision of Services.
4.8.2. The information provided must be complete, not outdated, accurate and reliable.
4.8.3. making and implementing decisions in a reasonable time, obtaining the necessary approvals and issuing the necessary documents.
4.8.4. The Contractor has the right to suspend the provision of Services or refuse to perform the Agreement if the breach by the Customer of its counter-obligations prevents the provision of Services by the Contractor. In case of suspension of the Services by the Contractor, the Parties agree on new conditions for the provision of Services.
4.9. The Contractor reserves all rights to:
4.9.1. All intellectual property objects contained in them, including copyright objects, trademarks.
4.9.2. All methodologies, processes, tools, ideas, concepts and know-how that are part of the results of the Services and / or are used and / or developed by the Contractor in connection with the provision of Services.
4.9.3 Paperwork prepared by the Contractor in connection with the provision of Services are the property of the Contractor, are confidential and are kept by the Contractor in accordance with its internal procedures.
4.10. The place of providing services is considered to be the place identified and indicated by the Customer.
4.11. The total cost of the services provided by the Customer under this Agreement consists of the total amount of the Services provided by the Customer.
4.12.The cost of the Contractor's Services consists of:
4.12.1. Fixed fee for fulfillment by the Contractor of its obligations under this Agreement (consulting activities required for registration of the Client in the personal account of the transnational exchange and crediting funds to the personal account of the Client), which is 2% (two percent) of the deposit or portfolio value for each replenishment of the Client's account.
4.12.2. Amounts of remuneration from material benefits received by the Customer from the moment of sale of Services in the amount of 20% (twenty) of such benefits from the date of commencement of services, taking into account the remuneration paid for previous billing periods
4.13. The calculation is carried out in the following accordance:
4.13.1. For the purposes of determining the amount of remuneration under the Agreement, the term "material benefit" of the Parties means an increase in the net asset value of the Customer placed by the Customer on the account of a Foreign Broker, Transnational Exchange and for which the Contractor provides Services, which is defined as follows:
B = NAV – NAVmax, + Withdrawal - Contribution
where, B – material benefit of the Customer as a result of the Settlement period from the provision of Services by the Contractor;
NAV – the absolute value of the net assets placed by the Customer on the account of the Foreign Broker (Exchange) and in respect of which the Contractor provides services, as of the end of the Settlement Period for which the value of the Services is calculated;
NAVmax – the maximum absolute value of the value of net assets at the end of any previous settlement period.
Withdrawal - the total amount of funds and / or assets withdrawn by the Customer from the account of the Foreign Broker (Exchange) for the period between the NAV and NAVmax settlement dates inclusive.
Contribution - the total amount of funds and / or assets credited by the Customer to the account of the Foreign Broker (Exchange) for the period between the NAV and NAVmax settlement dates inclusive.
4.13.2. The settlement period for the payment of remuneration is a calendar week, month, quarter or year.
4.13.3. The settlement period for the payment of a fixed fee is three days from the date of work.
4.14. Payment is made by transferring non-cash funds to the Contractor's account or by payment on the website, unless otherwise provided by the relevant Agreement.
4.15. Services are considered paid from the moment of receipt of funds on the Contractor's account.
4.16. The Contractor has the right to unilaterally change the tariffs for services. The Contractor shall publish information on such changes on its official website.
4.17. In case of refusal of the Order by the Customer, the prepayment by the Contractor to the Customer is not returned.
4.18. The Parties agree that since the payment for services is made by the Customer after their provision by the Contractor, the fact of payment for services is confirmation by the Customer of the Contractor's provision of services under the terms of this Agreement in full and proper quality and does not require additional confirmation.
4.19. By agreeing to the terms of the Agreement, the Customer confirms its legal capacity, including reaching 18 years of age, lawful use of a bank payment card, and is aware of responsibility for the obligations imposed on him as a result of this Agreement.
4.1. This Public Offer (hereinafter - the Offer, the Agreement) defines the features of the provision of business consulting services to the Customer.
4.2. Services are provided from the moment of Acceptance by the Customer of the terms and conditions of this Agreement and its annexes (if any).
4.3. The Contractor will provide consulting services to the Customer, and the Customer undertakes to pay for the Services provided by the Contractor on the following terms.
4.4. Following services that may be provided under this Offer:
4.4.1. Providing consultations on financial assets (cash, bonds, stocks, government bonds, options, futures, digital assets (cryptocurrency) and other derivatives in the Ukrainian and international markets, others), the procedure for transactions with them.
4.4.2. Providing recommendations on the formation of investment portfolios by the Customer - a set of the above financial assets in the Customer's own account.
4.4.3.Advising the Customer during his/her transactions with financial instruments.
4.4.4. Representation of the Customer in its relations with the selected Customer Broker, Exchange, etc. for transactions with financial instruments and assets of the Customer.
4.5. The Parties have agreed that the Customer may grant the Contractor the right to transfer orders on behalf of the Customer to a Foreign Broker for the implementation of the Services. To do this, the Customer will authorize the Contractor through the issuance of a power of attorney or other document required by the Foreign Broker. The Customer must notify the Contractor.
4.6. The Parties agree that the Contractor does not guarantee any financial or other results of the Customer's application of the Contractor's Recommendations in its activities.
4.7. No claims for the effectiveness of the Customer's application of knowledge and skills acquired as a result of the Contractor's services may be presented to the Contractor. Responsibility for the use of such knowledge and skills, as well as for any results, direct or side effects resulting from the use of such knowledge and skills rests entirely with the Customer.
4.8. The Parties acknowledge and confirm that the proper provision of the Services by the Contractor depends on the assistance of the Customer, as well as the fulfillment by the Customer of the following counter-obligations under the Offer:
4.8.1. Timely provision of all data, including documents and answers to questionnaires and questionnaires, which are reasonably required by the Contractor in connection with the provision of Services.
4.8.2. The information provided must be complete, not outdated, accurate and reliable.
4.8.3. making and implementing decisions in a reasonable time, obtaining the necessary approvals and issuing the necessary documents.
4.8.4. The Contractor has the right to suspend the provision of Services or refuse to perform the Agreement if the breach by the Customer of its counter-obligations prevents the provision of Services by the Contractor. In case of suspension of the Services by the Contractor, the Parties agree on new conditions for the provision of Services.
4.9. The Contractor reserves all rights to:
4.9.1. All intellectual property objects contained in them, including copyright objects, trademarks.
4.9.2. All methodologies, processes, tools, ideas, concepts and know-how that are part of the results of the Services and / or are used and / or developed by the Contractor in connection with the provision of Services.
4.9.3 Paperwork prepared by the Contractor in connection with the provision of Services are the property of the Contractor, are confidential and are kept by the Contractor in accordance with its internal procedures.
4.10. The place of providing services is considered to be the place identified and indicated by the Customer.
4.11. The total cost of the services provided by the Customer under this Agreement consists of the total amount of the Services provided by the Customer.
4.12.The cost of the Contractor's Services consists of:
4.12.1. Fixed fee for fulfillment by the Contractor of its obligations under this Agreement (consulting activities required for registration of the Client in the personal account of the transnational exchange and crediting funds to the personal account of the Client), which is 2% (two percent) of the deposit or portfolio value for each replenishment of the Client's account.
4.12.2. Amounts of remuneration from material benefits received by the Customer from the moment of sale of Services in the amount of 20% (twenty) of such benefits from the date of commencement of services, taking into account the remuneration paid for previous billing periods
4.13. The calculation is carried out in the following accordance:
4.13.1. For the purposes of determining the amount of remuneration under the Agreement, the term "material benefit" of the Parties means an increase in the net asset value of the Customer placed by the Customer on the account of a Foreign Broker, Transnational Exchange and for which the Contractor provides Services, which is defined as follows:
B = NAV – NAVmax, + Withdrawal - Contribution
where, B – material benefit of the Customer as a result of the Settlement period from the provision of Services by the Contractor;
NAV – the absolute value of the net assets placed by the Customer on the account of the Foreign Broker (Exchange) and in respect of which the Contractor provides services, as of the end of the Settlement Period for which the value of the Services is calculated;
NAVmax – the maximum absolute value of the value of net assets at the end of any previous settlement period.
Withdrawal - the total amount of funds and / or assets withdrawn by the Customer from the account of the Foreign Broker (Exchange) for the period between the NAV and NAVmax settlement dates inclusive.
Contribution - the total amount of funds and / or assets credited by the Customer to the account of the Foreign Broker (Exchange) for the period between the NAV and NAVmax settlement dates inclusive.
4.13.2. The settlement period for the payment of remuneration is a calendar week, month, quarter or year.
4.13.3. The settlement period for the payment of a fixed fee is three days from the date of work.
4.14. Payment is made by transferring non-cash funds to the Contractor's account or by payment on the website, unless otherwise provided by the relevant Agreement.
4.15. Services are considered paid from the moment of receipt of funds on the Contractor's account.
4.16. The Contractor has the right to unilaterally change the tariffs for services. The Contractor shall publish information on such changes on its official website.
4.17. In case of refusal of the Order by the Customer, the prepayment by the Contractor to the Customer is not returned.
4.18. The Parties agree that since the payment for services is made by the Customer after their provision by the Contractor, the fact of payment for services is confirmation by the Customer of the Contractor's provision of services under the terms of this Agreement in full and proper quality and does not require additional confirmation.
4.19. By agreeing to the terms of the Agreement, the Customer confirms its legal capacity, including reaching 18 years of age, lawful use of a bank payment card, and is aware of responsibility for the obligations imposed on him as a result of this Agreement.
Section 5. Rights and duties
5.1. Rights of the Contractor:
5.1.1. To perform all actions provided by this Agreement and any other actions not prohibited by the current legislation of Ukraine, aimed at fulfilling the terms of this Agreement.
5.1.2. To receive remuneration from the Client in accordance with the terms of this Agreement. In this case, the Contractor reserves the right to withhold amounts due to the Contractor under this Agreement and in connection with its implementation, the amount of all funds received in favor of the Client and / or from the Client.
5.1.3. To refuse to maintain business relations with the Client on the grounds specified by law (including in the field of prevention and counteraction to legalization (laundering) of proceeds from crime, terrorist financing and financing of proliferation of weapons of mass destruction) and / or Internal documents of the Contractor.
5.1.4. To refuse to further provide Services to the Client, including termination of contractual relations with him on the grounds specified by tax legislation and / or international agreement containing provisions on the exchange of information for tax purposes, binding consent of the Verkhovna Rada of Ukraine or concluded on the basis of the interdepartmental agreement.
5.1.5. To refuse the Client to perform the Agreement, in particular if the Contractor has grounds to believe that the Client's and / or counterparty's actions show signs of stock market price manipulation and / or use of insider information and / or "Suspicious" transaction by the Client and / or counterparty.
5.1.6. To refuse to conduct a financial transaction of the Client and / or provide Services to the Client if the documents required for its implementation are missing or executed in violation of current legislation of Ukraine, or if the transaction does not meet current legislation of Ukraine (including preventing and combating legalization) money laundering), proceeds from crime, terrorist financing and financing the proliferation of weapons of mass destruction) and / or Internal documents of the Contractor.
5.1.7. To refuse the Client to conduct transactions with Financial Instruments if the terms of such agreement or transaction contradict the terms of circulation of securities, digital assets (cryptocurrencies);
5.2. To terminate the fulfillment of any obligations and the provision of any Services under this Agreement as a whole and in its separate part (in the part of the provision of certain Services), stop accepting Orders and any other Notices, terminate the execution of previously accepted Orders , in case of:
5.2.1. Non-fulfillment or improper fulfillment by the Client of obligations under this Agreement, requirements of normative legal acts of Ukraine, acts of the National Commission on Securities and Stock Market, decisions, orders and other documents of authorized state authorities of Ukraine and international legal agreements.
5.2.2. If the Contractor has grounds to believe that the Client's actions are aimed at violating the latest legislation in the field of combating money laundering.
5.2.3. Availability of information and / or documents indicating that the Client fails to fulfill its obligations under this Agreement (including receipt by the Contractor of information and / or documents confirming changes in the legal status of the Client or information that the data provided by the Client in accordance with the terms of this Agreement are irrelevant and / or invalid and / or unreliable).
5.2.4. Violation of any terms of this Agreement or the law.
5.3. At its own discretion, request from the Client any documents and / or information necessary for the Contractor to comply with the legislation in force in Ukraine and / or foreign law and / or Internal documents to the Contractor and / or provide the Client with the Services provided by this Agreement. in any case, the Client agrees to provide the Contractor's request, sent by any means specified in this Agreement, immediately (but in any case not later than 5 working days (if the preparation and / or receipt of the document is not In the event that the Client fails to provide the requested documents within the period specified in this clause, the Contractor has the right to terminate the provision of Services in whole or in part under this Agreement by written notice to the Client by any the means of communication specified in this Agreement, not later than 1 (one) business day before the scheduled date of suspension of the Services.
5.4. Not to accept and / or not execute the Client's Orders, including those already partially executed, in case such execution leads to violation of the legislation and / or rules of functioning of the organized market and / or rules of the Clearing Institution and / or provisions of this Agreement and / or Internal documents of the Contractor.
5.5. At its own discretion to refuse to provide any Services as a whole or in its separate part (in terms of providing certain Services) or to terminate any Services if the Client does not use the Services of the Contractor within one calendar year, as well as in in other cases provided by this Agreement.
5.6. To require payment for the provided Services within the terms, in the manner and under the conditions specified in this Agreement.
5.7. Make amendments to the Tariffs and this Agreement unilaterally in accordance with the provisions of this Agreement.
5.8. Is free to use the Client's funds in their own interests, and interest for the use of funds on the basis of part two of Article 536 of the Civil Code of Ukraine is not accrued. The Contractor guarantees to the Client the execution of the Orders at the expense of the above-mentioned funds and their return at the Client's request. The profit received by the Contractor as a result of using the Client's funds remains with the Contractor in full. This right of the Contractor does not apply to the funds of the Clients, in respect of which the regulations impose direct restrictions on the right to use funds, or for the Client there are grounds to restrict the use of the Contractor, which are established by regulations and / or contracts within the framework of his professional activity in the capital markets, only if the Client has duly notified the Contractor of the existence of such restrictions, as well as in cases of direct prohibition of the Client to perform the actions specified in this subparagraph.
5.9. Initiation of blocking of any Client's accounts (increase of the amount of liabilities in the portfolio) of the amount of funds required to ensure payment of remuneration and / or reimbursement of the Contractor's expenses within the framework of the concluded agreements.
5.10. Not to accept from the Client Orders and any other instructions and / or Notices and not to execute them if the Client has provided the Contractor with a power of attorney that does not contain the required scope of authority.
5.11. To engage third parties, who have the necessary qualifications to provide a particular type of service, in the performance of their duties.
5.12. To check the information provided by the Customer, as well as the Customer's compliance with the terms of the Agreement.
5.13. To amend or supplement the Agreement at any time without prior or subsequent notice, which is published 10 days before their entry into force and is made public through publication on the Site. The Customer is obliged to get acquainted with the current version of the Agreement. Continuation of the Customer's use of services after making changes and / or additions to the Agreement means acceptance and consent of the User to such changes and / or additions.
5.14. Any other rights provided by the terms of this Agreement.
5.2.The Contractor undertakes:
5.2.1. To accept an application for the provision of Services from the Customer.
5.2.2. To provide Services to the Customer in accordance with this Agreement and its appendices.
5.2.3. To inform the Customer about the rules and requirements for the organization of services, requirements for their quality and content, the rights and obligations of the Customer in receiving services.
5.2.4. To provide the Customer with the opportunity to receive services of proper quality.
5.2.5. To provide the Customer with the opportunity to obtain information on the provision of services.
5.2.6. In case of impossibility to provide the service due to the fault of the Contractor, to immediately notify the Customer of the impossibility and agree on the date and time of service.
5.2.7. To act in the interests of the Client taking into account the conditions specified in this Agreement, the requirements of the legislation on capital markets and organized commodity markets, capital markets, clearing and settlement conditions, provision of depository services, counterparty risk and other risk factors.
5.2.8. To take all appropriate measures to obtain the best possible result for the Client in the execution of this Agreement, taking into account price, costs, speed, probability of execution and calculation, size, nature or other considerations relevant to the execution of the Order.
5.2.9. In case of receiving an Order from the Client indicating the specific conditions for the relevant transaction to be guided by the Client's Order to act in the manner prescribed by law, Internal documents of the Contractor and the terms of this Agreement.
5.2.10. To warn the Client about the risks of a specific transaction with Financial Instruments.
5.2.11. To agree with the Client on the level of possible risk in the purchase, sale of Financial Instruments, including the liquidity of the Financial Instruments to be purchased.
5.2.12. To provide the Client with information on the exchange rate, the rate of digital assets (cryptocurrency) and / or the market value of Financial Instruments.
5.2.13. To inform the Client about the requirements of the legislation on mutual investment institutions in terms of restrictions on the participation of individuals in venture / qualifying collective investment institutions, the requirements of the legislation on the preemptive right of shareholders to purchase shares sold by other shareholders before acting on the Client-Contractor Agreement.
5.2.14. To take measures to avoid conflicts of interest arising in the process of providing the Services, to inform the Client about the general nature and / or sources of conflicts before the actions on his Order are performed.
5.2.15. To inform the Client about the conditions of circulation of securities, digital assets (cryptocurrencies), including restrictions on their circulation, provided by the decision of the state body, its official, and / or International legal agreement, before the action on his Order is performed.
5.2.16. To advise the Client on the disposal and transfer of funds when making SWIFT-payments.
5.2.17. To ensure the confidentiality of information and / or documents provided by the Client, the protection requirements of which are established by law and this Agreement, in the manner prescribed by this Agreement and / or applicable law in Ukraine.
5.2.18. At the written request of the Client, provide information on the status of performance of any contract concluded with him, provided by the Order.
5.2.19. If any part of the total costs and fees must be paid in foreign currency or presented in foreign currency, to indicate the name of the relevant currency and its conversion rate and related costs.
5.2.20. The Contractor shall also inform the Client of the payment mechanisms and other related actions by means of a notice sent by any means of communication specified in this Agreement and / or on the website.
5.2.21. To adhere to the requirements of the Law of Ukraine "On Personal Data Protection" when processing personal data of System Users.
5.2.22. To fulfill any other obligations provided by the terms of this Agreement.
5.3. The customer has the right to:
5.3.1. Receive necessary and reliable information about the Contractor, the scope of services provided by him, as well as other information related to the provision of services.
5.3.2. To control the provision of services by the Contractor.
5.3.3. To submit an Order for the conclusion of civil law agreements on Financial Instruments and the implementation of financial transactions with the Client's property by the Contractor in the manner prescribed by the terms of this Agreement;
5.3.4. To receive information and documents as provided by law from the Contractor.
5.3.5. To request information on the execution of the Order from the Contractor;
5.3.6.To require proper performance of duties by the Contractor as specified in this Agreement.
5.3.7. The Customer has any other rights provided by the terms of this Agreement.
5.4. The customer undertakes:
5.4.1. To provide complete and accurate information necessary to identify the Customer.
5.4.2. To provide full name, means of communication, address, the name of service chosen, as well as other additional information when requested by the Contractor.
5.4.3. To pay remuneration and expenses to the Contractor in accordance with the terms and in the manner specified by the Agreement.
5.4.4. To provide the Contractor with the funds necessary for the execution of Orders.
5.4.5. Not to enter into this Agreement if the Client does not have a full understanding of all its terms and conditions related to the conclusion and performance of the terms of this Agreement;
5.4.6. To get acquainted with all the risks associated with the conclusion of civil law agreements with a particular Financial Instrument, before submitting the Contractor for the conclusion of civil law agreements with such Financial Instrument.
5.4.7. In any case, the Client agrees to the request of the Contractor, sent by any means specified in this Agreement, to provide the requested information and / or documents in a form acceptable to the Contractor, necessary for the Contractor to perform their duties under their obligations based on normative legal acts of Ukraine (including, but not limited to:
- all necessary documents in order to fulfill the Contractor's requirements set by the legislation in the field of prevention and counteraction to legalization (laundering) of proceeds from crime, terrorist financing and financing the proliferation of weapons of mass destruction;
- all necessary documents in order to comply with the requirements of the legislation on capital markets and organized commodity markets;
- all necessary documents in order to fulfill the Contractor's requirements specified by tax legislation and / or international agreement containing provisions on information exchange for tax purposes, binding consent of which was given by the Verkhovna Rada of Ukraine, or an interdepartmental agreement concluded on its basis;
- documents confirming the performance of the Performance Agreement, namely: a statement from the securities account and a statement from the Client's personal bank account, all the necessary documents for opening the Client's account.
5.4.8. The Client independently bears the risks of possible negative consequences associated with failure to provide or late provision of the above information and / or documents.
5.4.9. The Client independently informs the Customer about the loss of identity document, compromising QES and / or OTP and / or login and / or password to access the Personal Account, the fact of revocation of power of attorney and / or any other facts that may lead to fraud or unauthorized actions of third parties with the Client's Assets and / or information / documents related to this Agreement.
5.4.10. Not to allow the Contractor to submit Orders for the conclusion of civil law contracts / financial transactions, which may contain signs of manipulation, use of insider information, legalization (laundering) of proceeds from crime or terrorist financing, other violations of the law.
5.4.11. To use information on the exchange rate of Financial Instruments and / or market value of Financial Instruments received from the Contractor only for the purpose of deciding on the Contractor's orders for civil contracts in organized markets (unless otherwise provided by the rules of the regulated market or Contract with the Contractor) .
5.4.12. If the legislation and / or constituent documents of the Client - legal entity stipulate that the conclusion of certain transactions is subject to approval and / or approval by the relevant governing body or is within the competence of the governing body, the Client must have a relevant act before placing an order management.
5.4.13. Irrespective of the moment of commencement of financial transactions, the Client is obliged to reimburse all expenses to the Contractor related to the maintenance of any accounts opened in accordance with the Agreement, in the amount specified in the Tariffs;
5.4.14. To bear in a timely manner and in full all necessary expenses related to the fulfillment by the Contractor of the terms of this Agreement;
5.4.15. To transfer funds to the current account of the Contractor for payments for services rendered.
5.4.16. At least once a month, independently or through authorized persons, visit the Site and monitor changes to this Agreement and / or Tariffs. In case of disagreement of the Client with the included in the Agreement and / or Tariffs, the Client is obliged to notify the Contractor of the need to terminate the Agreement in writing before the date of entry into force and repay the debt to the Contractor in full in accordance with this Agreement. If the Client has not addressed the Contractor with the request provided for in this sub-clause before the effective date of the amendments to the Agreement and / or Tariffs, it is considered that the Client has agreed to the relevant changes.
5.4.17. When using the services, follow the reference information posted in the relevant section on the website https://bbtm.pro.
5.4.18. In case of claims regarding the services provided by the Contractor in writing in free form to notify the Contractor within 3 (three) calendar days from the moment when the Customer became aware of non-performance or improper performance by the Contractor of its obligations under this Agreement.
5.4.19. To prevent access of third-parties to Client's e-mail, not to transfer user credentials to third parties.
5.4.20. To comply with the requirements of applicable law and the requirements of the Agreement related to the provision of Services.
5.1. Rights of the Contractor:
5.1.1. To perform all actions provided by this Agreement and any other actions not prohibited by the current legislation of Ukraine, aimed at fulfilling the terms of this Agreement.
5.1.2. To receive remuneration from the Client in accordance with the terms of this Agreement. In this case, the Contractor reserves the right to withhold amounts due to the Contractor under this Agreement and in connection with its implementation, the amount of all funds received in favor of the Client and / or from the Client.
5.1.3. To refuse to maintain business relations with the Client on the grounds specified by law (including in the field of prevention and counteraction to legalization (laundering) of proceeds from crime, terrorist financing and financing of proliferation of weapons of mass destruction) and / or Internal documents of the Contractor.
5.1.4. To refuse to further provide Services to the Client, including termination of contractual relations with him on the grounds specified by tax legislation and / or international agreement containing provisions on the exchange of information for tax purposes, binding consent of the Verkhovna Rada of Ukraine or concluded on the basis of the interdepartmental agreement.
5.1.5. To refuse the Client to perform the Agreement, in particular if the Contractor has grounds to believe that the Client's and / or counterparty's actions show signs of stock market price manipulation and / or use of insider information and / or "Suspicious" transaction by the Client and / or counterparty.
5.1.6. To refuse to conduct a financial transaction of the Client and / or provide Services to the Client if the documents required for its implementation are missing or executed in violation of current legislation of Ukraine, or if the transaction does not meet current legislation of Ukraine (including preventing and combating legalization) money laundering), proceeds from crime, terrorist financing and financing the proliferation of weapons of mass destruction) and / or Internal documents of the Contractor.
5.1.7. To refuse the Client to conduct transactions with Financial Instruments if the terms of such agreement or transaction contradict the terms of circulation of securities, digital assets (cryptocurrencies);
5.2. To terminate the fulfillment of any obligations and the provision of any Services under this Agreement as a whole and in its separate part (in the part of the provision of certain Services), stop accepting Orders and any other Notices, terminate the execution of previously accepted Orders , in case of:
5.2.1. Non-fulfillment or improper fulfillment by the Client of obligations under this Agreement, requirements of normative legal acts of Ukraine, acts of the National Commission on Securities and Stock Market, decisions, orders and other documents of authorized state authorities of Ukraine and international legal agreements.
5.2.2. If the Contractor has grounds to believe that the Client's actions are aimed at violating the latest legislation in the field of combating money laundering.
5.2.3. Availability of information and / or documents indicating that the Client fails to fulfill its obligations under this Agreement (including receipt by the Contractor of information and / or documents confirming changes in the legal status of the Client or information that the data provided by the Client in accordance with the terms of this Agreement are irrelevant and / or invalid and / or unreliable).
5.2.4. Violation of any terms of this Agreement or the law.
5.3. At its own discretion, request from the Client any documents and / or information necessary for the Contractor to comply with the legislation in force in Ukraine and / or foreign law and / or Internal documents to the Contractor and / or provide the Client with the Services provided by this Agreement. in any case, the Client agrees to provide the Contractor's request, sent by any means specified in this Agreement, immediately (but in any case not later than 5 working days (if the preparation and / or receipt of the document is not In the event that the Client fails to provide the requested documents within the period specified in this clause, the Contractor has the right to terminate the provision of Services in whole or in part under this Agreement by written notice to the Client by any the means of communication specified in this Agreement, not later than 1 (one) business day before the scheduled date of suspension of the Services.
5.4. Not to accept and / or not execute the Client's Orders, including those already partially executed, in case such execution leads to violation of the legislation and / or rules of functioning of the organized market and / or rules of the Clearing Institution and / or provisions of this Agreement and / or Internal documents of the Contractor.
5.5. At its own discretion to refuse to provide any Services as a whole or in its separate part (in terms of providing certain Services) or to terminate any Services if the Client does not use the Services of the Contractor within one calendar year, as well as in in other cases provided by this Agreement.
5.6. To require payment for the provided Services within the terms, in the manner and under the conditions specified in this Agreement.
5.7. Make amendments to the Tariffs and this Agreement unilaterally in accordance with the provisions of this Agreement.
5.8. Is free to use the Client's funds in their own interests, and interest for the use of funds on the basis of part two of Article 536 of the Civil Code of Ukraine is not accrued. The Contractor guarantees to the Client the execution of the Orders at the expense of the above-mentioned funds and their return at the Client's request. The profit received by the Contractor as a result of using the Client's funds remains with the Contractor in full. This right of the Contractor does not apply to the funds of the Clients, in respect of which the regulations impose direct restrictions on the right to use funds, or for the Client there are grounds to restrict the use of the Contractor, which are established by regulations and / or contracts within the framework of his professional activity in the capital markets, only if the Client has duly notified the Contractor of the existence of such restrictions, as well as in cases of direct prohibition of the Client to perform the actions specified in this subparagraph.
5.9. Initiation of blocking of any Client's accounts (increase of the amount of liabilities in the portfolio) of the amount of funds required to ensure payment of remuneration and / or reimbursement of the Contractor's expenses within the framework of the concluded agreements.
5.10. Not to accept from the Client Orders and any other instructions and / or Notices and not to execute them if the Client has provided the Contractor with a power of attorney that does not contain the required scope of authority.
5.11. To engage third parties, who have the necessary qualifications to provide a particular type of service, in the performance of their duties.
5.12. To check the information provided by the Customer, as well as the Customer's compliance with the terms of the Agreement.
5.13. To amend or supplement the Agreement at any time without prior or subsequent notice, which is published 10 days before their entry into force and is made public through publication on the Site. The Customer is obliged to get acquainted with the current version of the Agreement. Continuation of the Customer's use of services after making changes and / or additions to the Agreement means acceptance and consent of the User to such changes and / or additions.
5.14. Any other rights provided by the terms of this Agreement.
5.2.The Contractor undertakes:
5.2.1. To accept an application for the provision of Services from the Customer.
5.2.2. To provide Services to the Customer in accordance with this Agreement and its appendices.
5.2.3. To inform the Customer about the rules and requirements for the organization of services, requirements for their quality and content, the rights and obligations of the Customer in receiving services.
5.2.4. To provide the Customer with the opportunity to receive services of proper quality.
5.2.5. To provide the Customer with the opportunity to obtain information on the provision of services.
5.2.6. In case of impossibility to provide the service due to the fault of the Contractor, to immediately notify the Customer of the impossibility and agree on the date and time of service.
5.2.7. To act in the interests of the Client taking into account the conditions specified in this Agreement, the requirements of the legislation on capital markets and organized commodity markets, capital markets, clearing and settlement conditions, provision of depository services, counterparty risk and other risk factors.
5.2.8. To take all appropriate measures to obtain the best possible result for the Client in the execution of this Agreement, taking into account price, costs, speed, probability of execution and calculation, size, nature or other considerations relevant to the execution of the Order.
5.2.9. In case of receiving an Order from the Client indicating the specific conditions for the relevant transaction to be guided by the Client's Order to act in the manner prescribed by law, Internal documents of the Contractor and the terms of this Agreement.
5.2.10. To warn the Client about the risks of a specific transaction with Financial Instruments.
5.2.11. To agree with the Client on the level of possible risk in the purchase, sale of Financial Instruments, including the liquidity of the Financial Instruments to be purchased.
5.2.12. To provide the Client with information on the exchange rate, the rate of digital assets (cryptocurrency) and / or the market value of Financial Instruments.
5.2.13. To inform the Client about the requirements of the legislation on mutual investment institutions in terms of restrictions on the participation of individuals in venture / qualifying collective investment institutions, the requirements of the legislation on the preemptive right of shareholders to purchase shares sold by other shareholders before acting on the Client-Contractor Agreement.
5.2.14. To take measures to avoid conflicts of interest arising in the process of providing the Services, to inform the Client about the general nature and / or sources of conflicts before the actions on his Order are performed.
5.2.15. To inform the Client about the conditions of circulation of securities, digital assets (cryptocurrencies), including restrictions on their circulation, provided by the decision of the state body, its official, and / or International legal agreement, before the action on his Order is performed.
5.2.16. To advise the Client on the disposal and transfer of funds when making SWIFT-payments.
5.2.17. To ensure the confidentiality of information and / or documents provided by the Client, the protection requirements of which are established by law and this Agreement, in the manner prescribed by this Agreement and / or applicable law in Ukraine.
5.2.18. At the written request of the Client, provide information on the status of performance of any contract concluded with him, provided by the Order.
5.2.19. If any part of the total costs and fees must be paid in foreign currency or presented in foreign currency, to indicate the name of the relevant currency and its conversion rate and related costs.
5.2.20. The Contractor shall also inform the Client of the payment mechanisms and other related actions by means of a notice sent by any means of communication specified in this Agreement and / or on the website.
5.2.21. To adhere to the requirements of the Law of Ukraine "On Personal Data Protection" when processing personal data of System Users.
5.2.22. To fulfill any other obligations provided by the terms of this Agreement.
5.3. The customer has the right to:
5.3.1. Receive necessary and reliable information about the Contractor, the scope of services provided by him, as well as other information related to the provision of services.
5.3.2. To control the provision of services by the Contractor.
5.3.3. To submit an Order for the conclusion of civil law agreements on Financial Instruments and the implementation of financial transactions with the Client's property by the Contractor in the manner prescribed by the terms of this Agreement;
5.3.4. To receive information and documents as provided by law from the Contractor.
5.3.5. To request information on the execution of the Order from the Contractor;
5.3.6.To require proper performance of duties by the Contractor as specified in this Agreement.
5.3.7. The Customer has any other rights provided by the terms of this Agreement.
5.4. The customer undertakes:
5.4.1. To provide complete and accurate information necessary to identify the Customer.
5.4.2. To provide full name, means of communication, address, the name of service chosen, as well as other additional information when requested by the Contractor.
5.4.3. To pay remuneration and expenses to the Contractor in accordance with the terms and in the manner specified by the Agreement.
5.4.4. To provide the Contractor with the funds necessary for the execution of Orders.
5.4.5. Not to enter into this Agreement if the Client does not have a full understanding of all its terms and conditions related to the conclusion and performance of the terms of this Agreement;
5.4.6. To get acquainted with all the risks associated with the conclusion of civil law agreements with a particular Financial Instrument, before submitting the Contractor for the conclusion of civil law agreements with such Financial Instrument.
5.4.7. In any case, the Client agrees to the request of the Contractor, sent by any means specified in this Agreement, to provide the requested information and / or documents in a form acceptable to the Contractor, necessary for the Contractor to perform their duties under their obligations based on normative legal acts of Ukraine (including, but not limited to:
- all necessary documents in order to fulfill the Contractor's requirements set by the legislation in the field of prevention and counteraction to legalization (laundering) of proceeds from crime, terrorist financing and financing the proliferation of weapons of mass destruction;
- all necessary documents in order to comply with the requirements of the legislation on capital markets and organized commodity markets;
- all necessary documents in order to fulfill the Contractor's requirements specified by tax legislation and / or international agreement containing provisions on information exchange for tax purposes, binding consent of which was given by the Verkhovna Rada of Ukraine, or an interdepartmental agreement concluded on its basis;
- documents confirming the performance of the Performance Agreement, namely: a statement from the securities account and a statement from the Client's personal bank account, all the necessary documents for opening the Client's account.
5.4.8. The Client independently bears the risks of possible negative consequences associated with failure to provide or late provision of the above information and / or documents.
5.4.9. The Client independently informs the Customer about the loss of identity document, compromising QES and / or OTP and / or login and / or password to access the Personal Account, the fact of revocation of power of attorney and / or any other facts that may lead to fraud or unauthorized actions of third parties with the Client's Assets and / or information / documents related to this Agreement.
5.4.10. Not to allow the Contractor to submit Orders for the conclusion of civil law contracts / financial transactions, which may contain signs of manipulation, use of insider information, legalization (laundering) of proceeds from crime or terrorist financing, other violations of the law.
5.4.11. To use information on the exchange rate of Financial Instruments and / or market value of Financial Instruments received from the Contractor only for the purpose of deciding on the Contractor's orders for civil contracts in organized markets (unless otherwise provided by the rules of the regulated market or Contract with the Contractor) .
5.4.12. If the legislation and / or constituent documents of the Client - legal entity stipulate that the conclusion of certain transactions is subject to approval and / or approval by the relevant governing body or is within the competence of the governing body, the Client must have a relevant act before placing an order management.
5.4.13. Irrespective of the moment of commencement of financial transactions, the Client is obliged to reimburse all expenses to the Contractor related to the maintenance of any accounts opened in accordance with the Agreement, in the amount specified in the Tariffs;
5.4.14. To bear in a timely manner and in full all necessary expenses related to the fulfillment by the Contractor of the terms of this Agreement;
5.4.15. To transfer funds to the current account of the Contractor for payments for services rendered.
5.4.16. At least once a month, independently or through authorized persons, visit the Site and monitor changes to this Agreement and / or Tariffs. In case of disagreement of the Client with the included in the Agreement and / or Tariffs, the Client is obliged to notify the Contractor of the need to terminate the Agreement in writing before the date of entry into force and repay the debt to the Contractor in full in accordance with this Agreement. If the Client has not addressed the Contractor with the request provided for in this sub-clause before the effective date of the amendments to the Agreement and / or Tariffs, it is considered that the Client has agreed to the relevant changes.
5.4.17. When using the services, follow the reference information posted in the relevant section on the website https://bbtm.pro.
5.4.18. In case of claims regarding the services provided by the Contractor in writing in free form to notify the Contractor within 3 (three) calendar days from the moment when the Customer became aware of non-performance or improper performance by the Contractor of its obligations under this Agreement.
5.4.19. To prevent access of third-parties to Client's e-mail, not to transfer user credentials to third parties.
5.4.20. To comply with the requirements of applicable law and the requirements of the Agreement related to the provision of Services.
Section 6. Other terms
6.1. Dispute settlement procedure and applicable law.
6.1.1. All disputes and disputes that may arise in the process of providing services by the Contractor, in connection with the acceptance, implementation and / or violation of the provisions of this Agreement and all annexes thereto, shall be settled by negotiation of the Parties.
6.1.2. In case of disagreement through negotiations, the Customer reserves the right to file claims, which must be considered by the Contractor within a reasonable time, in order to resolve disputes and disputes in a pre-trial procedure.
6.1.3. In case of disagreement between the Parties, through negotiations and the possibility of pre-trial settlement, all disputes and disputes shall be resolved in court at the location of the Contractor.
6.1.4.The current norms and provisions of the legislation of Ukraine shall apply to the relations of the parties arising from the adoption and implementation of this Agreement and all Annexes to it to the extent that it does not contradict the imperative norms of the law of Ukraine.
6.2. Limitation of liability of the Contractor.
6.2.1. The Parties understand and recognize that the inconsistency of the result of the provision of a service result that the Customer expected and wished to obtain when applying for the relevant service, in itself is not a fact of providing such a service of improper quality.
6.3. Final provisions.
6.3.1. The Contractor reserves the right to unilaterally amend this Agreement at any time.
6.3.2. All changes to this Agreement are published on the Contractor's Website.
6.3.3. All changes to this Agreement shall take effect from the moment of their publication on the Contractor's Website.
6.3.4. The amendments that have entered into force apply to all customers.
6.3.5. Customers are considered to have been notified of changes to the Contract since the publication of these changes on the Contractor's Website.
6.3.6. All Annexes to the Agreement are integral parts of this Agreement and are binding on them.
Sextion 7. Responsibilities of the parties
7.1. The Parties shall be liable for non-performance or improper performance of obligations under this Agreement in accordance with the current legislation of Ukraine, taking into account the specifics established by the Agreement.
7.2. The Party shall not be liable for breach of the Agreement if it occurred through no fault of its own (intent or negligence). A Party shall be presumed innocent and shall not be liable for breach of the Agreement if it proves that it has taken all measures necessary to ensure the proper performance of this Agreement.
7.3. The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement in the event of force majeure circumstances that did not exist at the time of concluding the Agreement and arose against the will of the Parties. Such circumstances are: natural disasters, extreme weather conditions, fires, epidemics, any military action, catastrophes, accidents, strikes, prohibitive acts of public authorities (including local and other force majeure circumstances of this kind.
7.4. The Contractor's services and all related materials are provided "as is" without warranty of any kind, either express or implied. The Contractor does not provide any guarantees, including commercial suitability, fitness for certain purposes and non-infringement of the rights of third parties, as well as guarantees arising from business relationships or business practices. In addition, the Contractor disclaims liability related to the Customer's access to services and related materials, as well as their use. The customer agrees to access the services and related materials and use them at his own risk.
7.5. To the maximum extent permitted by law, the Contractor shall not be liable for indirect, incidental, actual, indirect or direct damages, direct or indirect lost profits or loss of income, loss of data, performance or other intangible assets related to: a) access to Customer services and their use or the impossibility of such access or use; b) with any shameful, offensive or illegal materials or conduct of any third party. In no case may the amount of total liability for all claims for services exceed the total amount received from the Customer for the provision of services during the last three months.
7.6.The Customer agrees that the disclaimers and limitations of liability set forth in these Terms and Conditions reflect a reasonable and equitable distribution of risks and are a prerequisite for the Contractor's provision of services for an affordable fee.
7.7.Under no circumstances shall the Contractor be liable for any violation of the intellectual property rights of third parties. Users are prohibited from creating, downloading, posting, copying information, materials or images that infringe the intellectual property rights of third parties.
7.8. All materials of the Events are subject to the exclusive rights of the Contractor. It is not allowed to use these materials without the consent of the Contractor, including their reproduction, distribution, public display, import of the original or copies of materials for distribution, translation or other processing, communication to the public in such a way that anyone can access to materials from any place and at any time of your choice, except as provided by applicable law and this Agreement. In case of illegal use of such materials, the Contractor has the right to demand the cessation of actions that violate the exclusive rights of the author and the Contractor to these materials, as well as compensation for damages caused by such use. In accordance with this Agreement, the Customer's use of Western materials is allowed only for the purpose of acquaintance with them. Other purposes and forms of use of materials of the West require the obligatory written consent of the author of the material and the Executor.
Section 8. Term of the contract, termination of the contract
8.1. The valid contract of the Public Offer is valid from the moment of joining the Customer.
8.2. The Agreement is valid for one calendar year, except in cases of early termination of the Agreement in accordance with its provisions. The term of the Agreement shall be considered extended for each subsequent calendar year, if not later than one calendar month before the expiration of the Agreement the Parties have not expressed a desire to terminate it in writing. The number of relevant extensions is unlimited.
8.3. Either Party has the right to terminate this Agreement, and the Contractor has the right to terminate the Services under this Agreement at any time by giving written notice to the other Party of termination of this Agreement no later than 30 (thirty) calendar days before the expected date of termination.
8.4. The Contractor has the right to change the terms of the Offer at any time and / or withdraw the Offer at any time in its sole discretion. If the Contractor makes changes to the Offer, such changes shall take effect from the moment of posting the amended text of the Offer on the Contractor's Website, unless another date of entry into force of the changes is specified directly in the text of the amended Offer.
8.5. The Client has the right to terminate a valid contract if the Contractor fails to fulfill its terms or if there is no need for services. The Customer is obliged to notify the Contractor in writing about the termination of the contract.
8.6. In connection with the termination or termination of the Agreement:
8.6.1. The Client must pay the Contractor a fee and reimburse the actual costs incurred before the date of termination of the Agreement.
8.6.2. The Client must reimburse any additional costs reasonably incurred by the Contractor in connection with the termination of the Agreement or termination of the Services;
8.6.3. The Client shall indemnify for any losses incurred by the Contractor in connection with the settlement of any outstanding obligations of the Client;
8.6.4. The Client undertakes to provide all necessary documents, the obligation to provide which has not been fulfilled or has been performed improperly;
8.5. After placing a valid Public Offer Agreement on the Contractor's website, all previous agreements that come into conflict with it shall cease to be valid.
8.6. If necessary, at the request of the Client, this Agreement may be executed in writing. Amendments made in writing and signed by the parties for the purpose of fulfilling this agreement are its integral part.
8.7. This Agreement is terminated:
8.7.1. By agreement of the parties.
8.7.2. If the Party is unable to fulfill its obligations in connection with the adoption of regulations that have changed the conditions established by this Agreement, and either Party does not agree to make appropriate changes to the Agreement
8.7.3 In cases of violation by the Customer of the conditions provided for in paragraph 5.2 of the Offer.
8.7.4. In other cases provided by this Agreement and current legislation.
8.8. The Parties shall perform any other obligations related to the implementation of this Agreement and transactions concluded for the implementation of this Agreement, if such obligations have not ceased to exist in connection with the termination of the Agreement.
8.9. Upon termination of the Agreement, the Contractor shall withhold the amounts necessary to repay the Client's obligations during the term of the Agreement and until the date of termination of the Agreement or on the date of termination of the Agreement.
8.10. Termination and / or termination of the Agreement does not release the Parties from the obligations arising during its validity.
6.1. Dispute settlement procedure and applicable law.
6.1.1. All disputes and disputes that may arise in the process of providing services by the Contractor, in connection with the acceptance, implementation and / or violation of the provisions of this Agreement and all annexes thereto, shall be settled by negotiation of the Parties.
6.1.2. In case of disagreement through negotiations, the Customer reserves the right to file claims, which must be considered by the Contractor within a reasonable time, in order to resolve disputes and disputes in a pre-trial procedure.
6.1.3. In case of disagreement between the Parties, through negotiations and the possibility of pre-trial settlement, all disputes and disputes shall be resolved in court at the location of the Contractor.
6.1.4.The current norms and provisions of the legislation of Ukraine shall apply to the relations of the parties arising from the adoption and implementation of this Agreement and all Annexes to it to the extent that it does not contradict the imperative norms of the law of Ukraine.
6.2. Limitation of liability of the Contractor.
6.2.1. The Parties understand and recognize that the inconsistency of the result of the provision of a service result that the Customer expected and wished to obtain when applying for the relevant service, in itself is not a fact of providing such a service of improper quality.
6.3. Final provisions.
6.3.1. The Contractor reserves the right to unilaterally amend this Agreement at any time.
6.3.2. All changes to this Agreement are published on the Contractor's Website.
6.3.3. All changes to this Agreement shall take effect from the moment of their publication on the Contractor's Website.
6.3.4. The amendments that have entered into force apply to all customers.
6.3.5. Customers are considered to have been notified of changes to the Contract since the publication of these changes on the Contractor's Website.
6.3.6. All Annexes to the Agreement are integral parts of this Agreement and are binding on them.
Sextion 7. Responsibilities of the parties
7.1. The Parties shall be liable for non-performance or improper performance of obligations under this Agreement in accordance with the current legislation of Ukraine, taking into account the specifics established by the Agreement.
7.2. The Party shall not be liable for breach of the Agreement if it occurred through no fault of its own (intent or negligence). A Party shall be presumed innocent and shall not be liable for breach of the Agreement if it proves that it has taken all measures necessary to ensure the proper performance of this Agreement.
7.3. The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement in the event of force majeure circumstances that did not exist at the time of concluding the Agreement and arose against the will of the Parties. Such circumstances are: natural disasters, extreme weather conditions, fires, epidemics, any military action, catastrophes, accidents, strikes, prohibitive acts of public authorities (including local and other force majeure circumstances of this kind.
7.4. The Contractor's services and all related materials are provided "as is" without warranty of any kind, either express or implied. The Contractor does not provide any guarantees, including commercial suitability, fitness for certain purposes and non-infringement of the rights of third parties, as well as guarantees arising from business relationships or business practices. In addition, the Contractor disclaims liability related to the Customer's access to services and related materials, as well as their use. The customer agrees to access the services and related materials and use them at his own risk.
7.5. To the maximum extent permitted by law, the Contractor shall not be liable for indirect, incidental, actual, indirect or direct damages, direct or indirect lost profits or loss of income, loss of data, performance or other intangible assets related to: a) access to Customer services and their use or the impossibility of such access or use; b) with any shameful, offensive or illegal materials or conduct of any third party. In no case may the amount of total liability for all claims for services exceed the total amount received from the Customer for the provision of services during the last three months.
7.6.The Customer agrees that the disclaimers and limitations of liability set forth in these Terms and Conditions reflect a reasonable and equitable distribution of risks and are a prerequisite for the Contractor's provision of services for an affordable fee.
7.7.Under no circumstances shall the Contractor be liable for any violation of the intellectual property rights of third parties. Users are prohibited from creating, downloading, posting, copying information, materials or images that infringe the intellectual property rights of third parties.
7.8. All materials of the Events are subject to the exclusive rights of the Contractor. It is not allowed to use these materials without the consent of the Contractor, including their reproduction, distribution, public display, import of the original or copies of materials for distribution, translation or other processing, communication to the public in such a way that anyone can access to materials from any place and at any time of your choice, except as provided by applicable law and this Agreement. In case of illegal use of such materials, the Contractor has the right to demand the cessation of actions that violate the exclusive rights of the author and the Contractor to these materials, as well as compensation for damages caused by such use. In accordance with this Agreement, the Customer's use of Western materials is allowed only for the purpose of acquaintance with them. Other purposes and forms of use of materials of the West require the obligatory written consent of the author of the material and the Executor.
Section 8. Term of the contract, termination of the contract
8.1. The valid contract of the Public Offer is valid from the moment of joining the Customer.
8.2. The Agreement is valid for one calendar year, except in cases of early termination of the Agreement in accordance with its provisions. The term of the Agreement shall be considered extended for each subsequent calendar year, if not later than one calendar month before the expiration of the Agreement the Parties have not expressed a desire to terminate it in writing. The number of relevant extensions is unlimited.
8.3. Either Party has the right to terminate this Agreement, and the Contractor has the right to terminate the Services under this Agreement at any time by giving written notice to the other Party of termination of this Agreement no later than 30 (thirty) calendar days before the expected date of termination.
8.4. The Contractor has the right to change the terms of the Offer at any time and / or withdraw the Offer at any time in its sole discretion. If the Contractor makes changes to the Offer, such changes shall take effect from the moment of posting the amended text of the Offer on the Contractor's Website, unless another date of entry into force of the changes is specified directly in the text of the amended Offer.
8.5. The Client has the right to terminate a valid contract if the Contractor fails to fulfill its terms or if there is no need for services. The Customer is obliged to notify the Contractor in writing about the termination of the contract.
8.6. In connection with the termination or termination of the Agreement:
8.6.1. The Client must pay the Contractor a fee and reimburse the actual costs incurred before the date of termination of the Agreement.
8.6.2. The Client must reimburse any additional costs reasonably incurred by the Contractor in connection with the termination of the Agreement or termination of the Services;
8.6.3. The Client shall indemnify for any losses incurred by the Contractor in connection with the settlement of any outstanding obligations of the Client;
8.6.4. The Client undertakes to provide all necessary documents, the obligation to provide which has not been fulfilled or has been performed improperly;
8.5. After placing a valid Public Offer Agreement on the Contractor's website, all previous agreements that come into conflict with it shall cease to be valid.
8.6. If necessary, at the request of the Client, this Agreement may be executed in writing. Amendments made in writing and signed by the parties for the purpose of fulfilling this agreement are its integral part.
8.7. This Agreement is terminated:
8.7.1. By agreement of the parties.
8.7.2. If the Party is unable to fulfill its obligations in connection with the adoption of regulations that have changed the conditions established by this Agreement, and either Party does not agree to make appropriate changes to the Agreement
8.7.3 In cases of violation by the Customer of the conditions provided for in paragraph 5.2 of the Offer.
8.7.4. In other cases provided by this Agreement and current legislation.
8.8. The Parties shall perform any other obligations related to the implementation of this Agreement and transactions concluded for the implementation of this Agreement, if such obligations have not ceased to exist in connection with the termination of the Agreement.
8.9. Upon termination of the Agreement, the Contractor shall withhold the amounts necessary to repay the Client's obligations during the term of the Agreement and until the date of termination of the Agreement or on the date of termination of the Agreement.
8.10. Termination and / or termination of the Agreement does not release the Parties from the obligations arising during its validity.
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
ІПН 3204801119
МФО КБ PrivatBank 305299
UAH: UA493052990000026009026224712;
(USD): UA683052990000026009046221502, SWIFT: PBANUA2X;
(EUR): UA483052990000026007046230272,SWIFT: PBANUA2X.
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
ІПН 3204801119
МФО КБ PrivatBank 305299
UAH: UA493052990000026009026224712;
(USD): UA683052990000026009046221502, SWIFT: PBANUA2X;
(EUR): UA483052990000026007046230272,SWIFT: PBANUA2X.
