Terms of service

These Terms of Service or User Agreement (the “Agreement”) define the legal relationship between the limited liability company “RSFO”, 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 regulates the terms of service to users of the services of MagneticOne Consulting Group “.

1. GENERAL PROVISIONS. DEFINITION. SUBJECT TO THE AGREEMENT

1.1. According to Art. 634 of the Civil Code of Ukraine, this Agreement is an accession agreement, the terms of which are set by MagneticOne Consulting Group. Furthermore, this Agreement is a public offer of MagneticOne Consulting Group to enter into an Accession 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 signing a written copy of the Agreement by the parties.

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

1.4. To use the Site and the services of the MagneticOne Consulting Group (the “Service”), you must fully and unconditionally accept all the terms of the current Agreement and the terms of the “Privacy Policy” located at: 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 agree to the terms of this Agreement and agree to abide 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 can not use the services.

1.6. Under your order, accepted by us for execution, MagneticOne Consulting Group undertakes to provide, and you undertake to accept and pay for services for your company, enterprise, individuals or legal entities, the details of which are listed on the Site (hereinafter – “Services”).), in the manner and on the terms specified in this Agreement or other agreements concluded between you and MagneticOne Consulting Group.

1.7. “User” or “You” means any person who uses the MagneticOne Consulting Group Site and / or Services through 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 information materials displayed or made available through the Service, trademarks and other intellectual property belong to their rightful owners, who in turn may set their own terms of use.

1.9. MagneticOne Consulting Group provides the User with a limited, non-exclusive, revoked and unlicensed 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 to the Service are and must 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 information materials is relevant as of the date of their publication. Due to subsequent events and after the expiration date, some information may be incomplete or incorrect, but we will take steps to update or delete 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 the ordered services.

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

1.11.3. Granting the User consent to the processing of his personal data in accordance with the Law of Ukraine “On Personal Data Protection”.

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

1.11.5. Providing the user of MagneticOne Consulting Group with all necessary documents or information necessary to provide the relevant service of MagneticOne Consulting Group.

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

 

2. RESTRICTIONS ON THE USE OF THE SERVICE

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

• taking actions aimed at misleading us and providing us with intentionally false information;
• Committing acts that violate the rights, freedoms, honour and dignity of any person;
• Your illegal collection, systematization, storage or dissemination of personal information;
• Performing other actions by you that violate the current legislation of Ukraine and other states;
• 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 provides you only with paid Services.

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

3.3.The invoice can be paid only according to the details specified on the site according to the form (Payment)

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

3.5. All costs associated with the payment of the bill (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 pays monetary compensation to MagneticOne Consulting Group in accordance with the procedure for calculating costs and within the time limits set by the tariffs of MagneticOne Consulting Group.

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

3.8.1. Signing by 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 may draw up and send you an Act in electronic form using an electronic document management program. Then the Act is considered signed by the Parties and comes into force from the moment of signing by the User with the use of the qualified electronic signature (further – “CEP”) of the Act received from MagneticOne Consulting Group with CEP applied by it.

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 applicable law, the provision of services to you is terminated. You will receive an email notifying you of such restrictions and, if possible, the terms of the resumption.

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

 

4. OBLIGATIONS OF THE PARTIES

4.1. Responsibilities of the user:

4.1.1. Read only the information to which you have been granted permission or permission to read it.

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

4.1.3. If you believe that MagneticOne Consulting Group is receiving information that violates your rights, you must notify us and provide information that confirms this violation. If you provide false information about a violation of your rights, you are fully responsible for the damage caused by such information (including court costs and court fees).

4.1.4. Provide information to MagneticOne Consulting Group, as well as organizational and informational support, which is a necessary prerequisite for the provision of Services.

4.1.5. Do not divulge or use any trade secret that has become or will become known to you.

4.1.6. Not to infringe the intellectual property rights of MagneticOne Consulting Group and others, not to disseminate without proper written permission information and documentation received from MagneticOne Consulting Group, in the performance of their duties under this Agreement.

4.1.7. Timely and fully pay for the 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 from MagneticOne Consulting Group the provided Services (stages of Services), having signed the Acts of acceptance-transfer of the provided Services.

4.1.9. Correctly notify MagneticOne Consulting Group of the occurrence (change) of circumstances that may impede the proper implementation 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 under 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. 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, all information about the progress of the Service in accordance with his order.

4.2.3. Appoint a responsible specialist (specialists) who will interact 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 notify the User of the occurrence (change) of circumstances that may impede 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 under 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 disseminating such information are determined by the provisions of the Privacy Policy of the MagneticOne Consulting Group Privacy Policy.

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

5.3. By accepting the Agreement, the User grants 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. LIMITATIONS OF WARRANTIES AND LIABILITY

6.1. Before and any use of the Services, you must ensure the legality and correctness of all your actions.

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 assume the verification, modification or control of any information data that you may access through the Services, we do not guarantee the accuracy of such information data, their legality, quality and compliance with specific requests and needs.

6.4. Having access to information through the Service does not imply that we review such information, such as relevant laws or regulations of this Agreement or other related agreements.

6.5. In the event that you violate this Agreement or any other agreement between you and MagneticOne Consulting Group, we may refuse to provide the Service without notice, block or restrict 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 when using the Services there may be failures, errors, inconsistencies, but we make reasonable efforts to prevent this from happening. At the same time, you agree that the obligation to eliminate such faults, errors, inconsistencies, as well as the timing of their elimination is 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 data we store, and we are not responsible for such losses and related direct or indirect damages.

6.8. MagneticOne Consulting Group shall not be liable for any damages or losses incurred by anyone as a result of a misunderstanding of this Agreement or the instructions. If you do not fully understand the terms of this Agreement, you have the right to contact us before using / ordering the service for the necessary clarification. By using the Service or otherwise accepting the terms of this Agreement, you acknowledge that you understand all the provisions of this Agreement and have received all necessary explanations from us.

6.9. Because MagneticOne Consulting Group uses the services of third parties (such as payment systems), MagneticOne Consulting Group does not control these services and is not responsible for any violations in their work.

 

7. RESPONSIBILITY OF THE PARTIES. DISPUTE RESOLUTION

7.1. In case of breach of the Agreement, the Party shall bear the responsibility determined by this Agreement and (or) the current legislation of Ukraine. Violation of the Agreement is its non-performance or improper performance, ie performance in violation of the conditions specified in the content of this Agreement.

7.2. The Party shall not be liable for breach of the Agreement if it occurred through its own fault (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 necessary measures to ensure the proper implementation of this Agreement.

7.3. MagneticOne Consulting Group’s full liability for any breach of this Agreement or any breach related to the provision of Services under this Agreement is limited to the value of the Services received from the User under this Agreement for the last 12 (twelve) months preceding the breach of the Agreement. .

7.4. For late payment of the provided Services the User pays penalties in the form of a penalty in the amount of doubled the discount rate of the NBU from the amount of debt for each day of delay.

7.5. For unauthorized disclosure of a trade secret, the Party that permitted such disclosure shall be liable to a fine for each such violation in the amount of direct, actual, documented damage caused by such disclosure of a trade secret.

7.6. All disputes arising out of or in connection with this Agreement shall be settled by negotiation 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 the jurisdiction of such dispute in accordance with the current legislation of Ukraine.

 

8. TERM OF THE AGREEMENT. MAKING CHANGES TO THE AGREEMENT. TERMINATION OF THE AGREEMENT

8.1. This Agreement shall be unlimited and shall remain in force until terminated by either Party in the manner prescribed by this Agreement or applicable law.

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

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

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

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

8.4.2. All changes 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 not earlier than 15 calendar days from the moment of sending you a message to the e-mail address or posting the message on the Site.

8.4.4. In case of disagreement of the User 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 date when he learned or could learn about changes to the Agreement. by e-mail or in person by submitting a written application 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 with the Agreement in the version in force at the time of your use of the MagneticOne Consulting Group Services.

8.5. ConciergeOne has the right to terminate this Agreement unilaterally by submitting a 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 the Services to all Users who have already paid for the Services until the relevant notice of termination of this Agreement is published.

 

9. OTHER CONDITIONS

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 employees and (or) contractors of each other outside the performance of their duties under this Agreement.

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

9.5. If you become aware of a breach of this Agreement by another person, you must immediately notify MagneticOne Consulting Group.

9.6. You grant us the right to send you letters, notices and other materials containing information about MagneticOne Consulting Group, under the conditions set out in the Privacy Policy.

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

9.8. If 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 declared invalid or contradicts the current legislation of Ukraine, its other provisions and provisions shall remain in force.

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. Details of the MagneticOne Consulting Group

PRIVATE ENTERPRISE The “RSFO”

Identification number: 43580675

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

Contacts for online communication:

e-mail address: contact.m1cg@magneticone.com