These Terms of Service or the User Agreement (hereinafter - the "Agreement") define the legal relationship between the limited liability company "RSFD", which also operates under the commercial name "MagneticOne Consulting Group" (hereinafter - "MagneticOne Consulting Group" or "we"), and Users of the site https://consulting.magneticone.com (hereinafter - the "Site"), hereinafter" the Parties and separately as the "Party", and also regulates the terms of service for users of MagneticOne Consulting Group services".

1. TERMS. DEFINITION. SCOPE OF THE CONTRACT

1.1. According to Art. 634 of the Civil Code of Ukraine, this Agreement is an affiliation agreement, the terms of which are set by MagneticOne Consulting Group. At most, this Agreement is a public offer by MagneticOne Consulting Group to enter into an Affiliate Agreement with those Users who accept the terms of this Agreement. 

1.2. The Agreement is concluded by giving the User's consent to join the proposed Agreement as a whole, accepting all the main terms of the Agreement, without the parties signing a written copy of the Agreement.

1.3. Acceptance of the Agreement by the User is unconditional acceptance of the terms of the Agreement by the following actions of the User (in accordance with Part 2 of Article 642 of the Civil Code of Ukraine): 1) registration by the User of an order for the provision of MagneticOne Consulting Group services; and 2) payment by the User for MagneticOne Consulting Group services in any way.

1.4. In order to use the Site and services of MagneticOne Consulting Group (hereinafter referred to as the "Service"), you must fully and unconditionally accept all the terms of the current Agreement and the terms of the "Privacy Policy", located at the address: https://consulting.magneticone.com/privacypolicy/ . MagneticOne Consulting Group's Privacy Policy is an integral part of this Agreement.

1.5. By using the Service, you accept the terms of this Agreement and agree to be bound by it. If you do not agree with this Agreement (in whole or in part), then you are not granted the rights and obligations of the User of the company and you may not use the services.

1.6. Upon your order accepted by us for execution, MagneticOne Consulting Group undertakes to provide, and you undertake to accept and pay for, the services for your company, enterprise, natural persons or legal entities, the details of which are indicated on the Site (hereinafter referred to as “Services”) .), in the manner and under the conditions specified in this Agreement or other agreements entered into between you and MagneticOne Consulting Group.

1.7. "User" or "You" means any person who uses the Site and/or MagneticOne Consulting Group Services over the Internet. The provisions of this Agreement apply to all Users of the Service.

1.8. Nothing in this Agreement grants you exclusive intellectual property rights. Any informational materials displayed or accessible through the Service, trademarks and other intellectual property belong to their rightful owners, who, in turn, may establish their own terms of use.

1.9. MagneticOne Consulting Group grants the Service User a limited, non-exclusive, revocable and non-licensable license to access our Service on the User's devices, as well as to use any content available on our Site for non-commercial purposes. The Service and all rights in the Service are and shall remain the property of MagneticOne Consulting Group.

1.10. The information we provide on the Site about our activities in the form of news and other informational materials is current as of the date of their publication. Due to subsequent events and after expiration, some information may be incomplete or incorrect, but we will take steps to update or remove it.

1.11. Terms of providing and receiving Services:

1.11.1. Availability of technical and other capabilities of MagneticOne Consulting Group to provide users with ordered services.

1.11.2. Acquaintance of the User with the terms of this Agreement.

1.11.3. The User's consent to the processing of his personal data in accordance with the Law of Ukraine "On the Protection of Personal Data".

1.11.4. Acceptance of the Agreement by the User in accordance with clause 1.3.

1.11.5. Provision to the user of MagneticOne Consulting Group of all necessary documents or information necessary for the provision of the relevant service to MagneticOne Consulting Group.

1.11.6. Payment by the User to the MagneticOne Consulting Group Service account for the provision of the Service.

2. LIMITATIONS ON USE OF THE SERVICE

2.1. We do not allow you to take certain actions while using the Service, so your doing any of the following is a violation of this Agreement:

• Taking actions aimed at misleading us and providing us with intentionally false information;

• Taking actions that violate the rights, freedoms, honor and dignity of any person;

• Your illegal collection, systematization, storage or distribution of personal information;

• Your taking other actions that violate the current legislation of Ukraine and other countries;

• Providing us with instructions or tasks that may violate the current legislation of Ukraine and other countries.

3. PAID SERVICES

3.1. MagneticOne Consulting Group only provides paid Services to you.

3.2. After completing the order form for the paid service you require, you will be sent an invoice for payment. If you have not paid a bill for a long time, the bill may be canceled.

3.3. The bill can be paid only using the details specified on the website according to the form (Payment).

3.4. When you use payment systems to pay your bill, you must follow the instructions and guidelines published on the website of those systems. The correctness of the payment procedure is beyond our responsibility and competence.

3.5. All costs associated with payment of the account (including fees, commissions, taxes, etc.) are paid by you.

3.6. The paid service is provided to the user who ordered it, regardless of who paid for it.

3.7. For the provision of Services, the User shall pay monetary compensation to MagneticOne Consulting Group in accordance with the cost calculation procedure and within the terms specified by MagneticOne Consulting Group's tariffs.

3.8. The provision of the MagneticOne Consulting Group Services and acceptance of their results is carried out by you with the Act of acceptance and transfer of the provided Services, which is signed by authorized representatives of the Parties within 3 (three) working days after the actual provision of the Services.

3.8.1. Signing the Act of acceptance and transfer of the Services provided by the User is a confirmation of the absence of claims on his part.

3.8.2.MagneticOne Consulting Group can prepare and send you the Act in electronic form using an electronic document management program. Then the Act is considered to be signed by the Parties and becomes effective from the moment the User signs it using a qualified electronic signature (hereinafter referred to as "KEP") of the Act received from MagneticOne Consulting Group with the KEP applied by him.

3.9. After the end of the paid period, as well as in case of violation of the terms of this Agreement and / or violation of current legislation, the provision of services to you will be terminated. You will receive an email notifying you of such restrictions and, if applicable, the terms of reinstatement.

3.10. If you do not use the services of MagneticOne Consulting Group (you do not need it, it is impossible to use it due to technical or other problems on your part), the cost of the already paid Service is not returned.

4. OBLIGATIONS OF THE PARTIES

4.1. User responsibilities:

4.1.1. Read only the information you have received the right or permission to read.

4.1.2. By using the services of MagneticOne Consulting Group, you grant us the right to receive, process and store Information collected through order forms.

4.1.3. If you believe that MagneticOne Consulting Group is receiving information that infringes your rights, you must notify us and provide information that proves the infringement. If you provide false information about a violation of your rights, you will be fully responsible for damages caused by such information (including legal costs and fees).

4.1.4. Provide MagneticOne Consulting Group with information and organizational and informational support as a necessary prerequisite to the provision of the Services.

4.1.5. Do not disclose or use a trade secret that has become or becomes known to you.

4.1.6. Not to violate the intellectual property rights of MagneticOne Consulting Group and others, not to distribute without proper written permission the information and documentation received from MagneticOne Consulting Group while performing the latter's duties under this Agreement.

4.1.7. Timely and fully pay for MagneticOne Consulting Group Services, reimburse additional costs in accordance with the terms of this Agreement and the approved financial planning procedure.

4.1.8. Timely accept the Services provided by MagneticOne Consulting Group (stages of the Services) by signing the Acts of acceptance and transfer of the Services provided.

4.1.9. Correctly notify MagneticOne Consulting Group about the occurrence (change) of circumstances that may prevent the proper fulfillment of the terms of this Agreement, within no more than 3 (three) calendar days from the date of occurrence of these circumstances.

4.1.10. Perform other obligations stipulated by this Agreement at the request of the User and (or) other written agreements between the Parties.

4.2. Responsibilities of MagneticOne Consulting Group:

4.2.1. To ensure the provision of Services in accordance with the subject of the Agreement and the User's order.

4.2.2. Inform the User, upon his written request, of all information about the progress of the Service in accordance with his order.

4.2.3. Appoint a responsible specialist(s) who will carry out operational interaction with the User on behalf of MagneticOne Consulting Group regarding the Services.

4.2.4. Store information, data and documents received from the User in such a way as to prevent their loss or damage, including unauthorized disclosure.

4.2.5. Correctly inform the User about the occurrence (change) of circumstances that may prevent the proper fulfillment of the terms of this Agreement, within no more than 3 (three) calendar days from the date of occurrence of these circumstances.

4.2.6. Perform other obligations stipulated by this Agreement at the request of the User and (or) other written agreements between the Parties.

5. CONFIDENTIALITY

5.1. When you use the services of MagneticOne Consulting Group, we receive some information about you. The scope, purposes, procedure for obtaining, storing, processing and distributing such information are determined by the provisions of the Privacy Policy of the Privacy Policy of MagneticOne Consulting Group.

5.2. By using the Services, you confirm that you have read and fully agree to the terms of this Privacy Policy.

5.3. By accepting the Agreement, the User gives MagneticOne Consulting Group permission to collect and process his personal data for purposes related to the provision of Services, and within the limits established by the legislation of Ukraine.

6. LIMITATION OF WARRANTIES AND LIABILITY

6.1. Before any and all use of the Services, you must ensure that all your actions are legal and correct.

6.2. We reserve the right, but not the obligation, to verify the correctness, authority and legality of your use of the Services.

6.3. We do not undertake to verify, change or control any information data that you may access through the Services, we do not guarantee the accuracy of such information data, its legality, quality and compliance with specific requests and needs.

6.4. Having access to information data through the Service does not mean that we consider that information data, such as applicable laws or provisions of this Agreement or other agreements related to us.

6.5. If you violate this Agreement or other agreements between you and MagneticOne Consulting Group, we have the right to refuse to provide the Service without prior notice, block or limit access to your Account and information, or delete your Account and information.

6.6. The service is provided "as is". We do not rule out that there may be failures, errors, inconsistencies when using the Services, but we make reasonable efforts to prevent this from happening. At the same time, you agree that the obligation to eliminate such malfunctions, errors, inconsistencies, as well as the terms of their elimination are determined by us.

6.7. We strive to ensure the uninterrupted provision of MagneticOne Consulting Group services, but we do not exclude the possibility of total or partial loss of the data we store, and we are not responsible for such losses and related direct or indirect damages.

6.8. MagneticOne Consulting Group is not responsible for any damage or loss suffered by anyone as a result of misunderstanding of this Agreement, instructions. If you do not fully understand the terms of this Agreement, you have the right to contact us for clarification before using/ordering the service. By using the Service or otherwise implicitly accepting the terms of this Agreement, you confirm that you understand all provisions of this Agreement and have received all necessary explanations from us.

6.9. Since MagneticOne Consulting Group uses third-party services (such as payment systems), MagneticOne Consulting Group has no control over these services and is not responsible for any disruptions in their operation.

7. RESPONSIBILITIES OF THE PARTIES. SETTLEMENT OF DISPUTES

7.1. In case of violation of the Agreement, the Party bears the responsibility defined by this Agreement and (or) the current legislation of Ukraine. Violation of the Agreement is its non-performance or improper performance, i.e. performance in violation of the conditions specified in the content of this Agreement.

7.2. The Party is not responsible for the violation of the Agreement, if it happened due to its own fault (intention or negligence). The party is considered innocent and is not liable for breach of the Agreement if it proves that it has taken all measures necessary to ensure the proper execution of this Agreement.

7.3. The full liability of MagneticOne Consulting Group for any violation of this Agreement or any violation related to the provision of Services under this Agreement is limited to the cost of the Services received from the User under this Agreement for the last 12 (twelve) months preceding the violation of the agreement .

7.4. For untimely payment of the provided Services, the User shall pay fines in the form of a fine in the amount of twice the discount rate of the NBU on the amount owed for each day of delay.

7.5. For unauthorized disclosure of a commercial secret, the Party that allowed such disclosure shall be liable in the form of a fine for each such violation in the amount of direct, real, documented damage caused by such disclosure of a commercial secret.

7.6. All disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties.

7.7. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction and jurisdiction of such dispute in accordance with the current legislation of Ukraine.

8. TERM OF THE AGREEMENT. AMENDMENT TO THE AGREEMENT. TERMINATION OF THE AGREEMENT

8.1. This Agreement is unlimited and remains in effect until terminated by either Party in accordance with this Agreement or applicable law.

8.2. This Agreement is made public to all Users by placing (publishing) it on the website of MagneticOne Consulting Group.

8.3. MagneticOne Consulting Group determines the terms of the Agreement independently and in accordance with the requirements of the current legislation of Ukraine.

8.4. In the future, we may make any changes to this Agreement unilaterally, including in connection with the expansion or change of the Services. In particular, we may change the list and scope of MagneticOne Consulting Group Services, tariff plans and any other terms of service provision unilaterally, with prior notice in accordance with this Agreement. However, such changes do not apply to services that have already been paid for but are not yet being used by you.

8.4.1. We will notify you of any changes to the Agreement by sending a notice to your email address or posting a notice on the Site.

8.4.2. All changes made to the Agreement will be available as a new version of the User Agreement.

8.4.3. The new version of the Agreement shall enter into force no earlier than 15 calendar days after the notification is sent to your e-mail address or the notification is posted on the Site.

8.4.4. If the User disagrees with the changes made to the Agreement, such User has the right to terminate the Agreement in accordance with the procedure established by the Agreement, within 7 (seven) calendar days from the day when he learned or could have learned about the changes to the Agreement. by e-mail or by personally submitting an appropriate written request to MagneticOne Consulting Group. The User's refusal to terminate the Agreement during the specified period and further use of the Services indicates the User's consent to the changes made to the Agreement.

8.4.5. In any case, by using the Services, you confirm your agreement to the Agreement in the version in effect at the time you use the MagneticOne Consulting Group Services.

8.5. ConciergeOne has the right to terminate this Agreement unilaterally by giving notice by posting a notice on its Site no later than 15 (fifteen) calendar days prior to such termination.

8.5.1. In the event of termination of this Agreement in accordance with clause 8.5 of the Agreement, MagneticOne Consulting Group shall not be released from the obligation to provide Services to all Users who have already paid for the Services, until the appropriate publication of the notice of termination of this Agreement.

9. MISCELLANEOUS

9.1. You agree not to use the Services in any manner other than as permitted by this Agreement or in any other manner inconsistent with this Agreement.

9.2. You agree to use the services of MagneticOne Consulting Group in accordance with the current legislation of Ukraine, as well as without violating the laws of the country or region in which you live or in which you use the services of MagneticOne Consulting Group.

9.3. The parties to this Agreement undertake not to cooperate in such Services with each other's employees and (or) contractors outside the performance of their duties under this Agreement.

9.4. The parties to this Agreement undertake not to entice employees and contractors (in particular, not to hire or enter into contracts for the provision of services with employees and contractors) within 6 (six) months after the termination of legal relations with the employee or contractor.

9.5. If you become aware of another person's violation of this Agreement, you must immediately notify MagneticOne Consulting Group.

9.6. You grant us the right to send you emails, messages and other materials containing information about MagneticOne Consulting Group, subject to the terms set forth in the Privacy Policy.

9.7. In the event that the assets of MagneticOne Consulting Group become owned or controlled by other companies, MagneticOne Consulting Group may transfer its rights and obligations set forth in this Agreement to these companies without prior notice to the User.

9.8. In the event that the provisions of the multilingual version of this Agreement are interpreted differently, the Ukrainian version of the Agreement shall prevail.

9.9. If any provision or provision of this Agreement is held to be invalid or inconsistent with the applicable laws of Ukraine, its other provisions and provisions shall remain in effect.

9.10. This Agreement and the relationship between MagneticOne Consulting Group and you arising in connection with the use of the Services are governed by the laws of Ukraine.

   10. Information about MagneticOne Consulting Group

"MagneticOne Consulting Group" commercial name Limited Liability Company "RSFD"

EDRPOU 43580675

Address: 46002, Ternopil region, Ternopil city, BRODIVSKA STREET, building 5, building B

Email address: contact.m1cg@magneticone.com

Terms of service