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General provisions of deed conclusion

Private Capacity Partner Ltd. | Ukraine         

User agreement

This Agreement defines terms and conditions of use of site materials and services by its Users  

it.privatecapacity.ch       (hereinafter — «Site»).

1. General Provisions

1.1. Use of Site materials and services is governed by norms of the current legislation.

1.2. This Agreement is a public offer. Having received access to Site materials, the user shall be deemed to accept this Agreement.

1.3. Administration of the Site has a right to change unilaterally the terms and conditions of this Agreement at any time. Such changes shall come into force within 3 (three) days from the moment of placing of a new version of the Agreement on the site. If the User disagrees with changes made, he shall refuse to access to the Site, and shall stop using materials and services of the Site.

2. Liabilities of the User

2.1. The User shall agree not to make any actions that can be deemed as those that violate the law and norms of international law, including in the sphere of intellectual property, copyrights and/or similar rights, and also any actions that lead and can lead to violation of normal operation of the Site and services of the Site.

2.2. Using of materials of the Site without consent of Copyright Holders is not allowed. For legal use of materials of the Site, the conclusion of licence contracts (  of licences) by Copyright Holders is necessary.

2.3. Citing the Site is necessary when using materials of the Site, including copyrighted works.

2.4. Comments and other notes of the User on the Site shall not contradict the requirements of the law and generally accepted moral norms.

2.5. The User has been informed that Administration of the site shall not be responsible for his visiting and using of the external resources and links that can be placed on the site.

2.6. The User shall agree that Administration of the Site shall not be responsible and shall not be directly or indirectly liable before the User in connection with any possible or actual damages or losses relating to any content of the Site, copyrights registration and such registration data, goods or services, available or received from the other external sites or resources or other contacts of the User, in which he has entered, using information placed on the site or links to external resources.

2.7. The User shall agree that all materials and services of the Site or its any part can be accompanied by advertisement. The User shall agree that Administration of the site shall not bear any responsibility and shall not be liable in relation to such advertisement.

3. Other terms and conditions

3.1. Any disputes emerging from this Agreement or in connection with it shall be settled in accordance with the current legislation.

3.2. Nothing in the Agreement shall be deemed as conclusion between the User and Administration of the Site of agency relationships, relationships of partnerships, relationship of joint-cooperation, relationships of personal rent, or any other relationships, not stipulated by the Agreement directly.

3.3. If any provision of this Agreement is recognised by the court invalid and unenforceable, the other provisions of the Agreement shall remain valid.

3.4. Inaction of Administration of the Site in case of violation by any of the Users of provisions of the Agreement shall not deprive the Administration of the Site of the right to take further relative actions towards protection of its interests and copyrights of Site materials protected by the legislation.

4. Subject of the agreement

4.1 General

Company Private Capacity Partner Ltd., hereinafter referred to as the “Supplier of services”, shall provide its services only on the basis of General terms and conditions of the deed (GTCD).

Supplier of the services has a right to change or amend current GTCD with observance of scheduled term of notification. Term of notification shall be informed only by means of publication of announcement via Internet on the page of supplier of services (www.privatecapacity.ch), hereinafter “Portal”.

4.2 Conclusion of the agreement

The supplier of services shall conclude the agreement after acceptance of the request by e-mail from the moment of the first action by the Supplier of services that differ from application of execution. Acceptance of client’s request shall be confirmed on the basis of answer sent by e-mail to client’s address or appear in the form of execution of action by Supplier of services. The client shall guarantee that the data mentioned by him within the offer on the agreement conclusion or agreement conclusion of a person or other circumstances related to the agreement shall be full and true. The Client shall inform the Supplier of services on all changes in data directly related to the agreement. In case of violation of this liability on data supply, the Supplier of services shall have a right to cancel provision of services under the agreement without reduction of price for services provision.

4.3 Detailed information

The Supplier of services shall arrange and conduct individual personal language lessons, translate and perform other communication types of tasks for the Client via Skype or via other installed by the supplier of services technological platform “voice over IP”.

All services shall be performed by qualified staff that mostly resides within the territory of Ukraine, under an order of the Supplier of services.

4.4 Acceptance of application of the client

After successful submission of application in electronic form, the client shall receive the confirmation in electronic form in relation to those services that he has requested. After or along with the confirmation, the client shall receive a proposal of terms or confirmation of orders of terms in relation to those services, which he has requested.

4.5 Foreign language teaching

The Supplier of services shall propose to conduct individual lessons without a special agreement. The third party shall not be able to participate in particular lectures. As a rule, lessons shall last for 45 minutes without a special agreement. A lesson shall be conducted by qualified and certified staff on behalf of the Supplier of services. A lesson shall be conducted worldwide.

4.6 Telemarketing / call-center

4.6.1 Our proposals shall not be mandatory and not force to accept a proposal upon terms stated in it. Proposal of the Contractor shall remain valid within 2 months. Then it shall lose its validity, if an order is not placed within this term.

4.6.2  All verbal agreements which differ from commercial proposal shall be made in written form. Unilateral changes of scope of services specified in the proposal shall make the proposal invalid and require submission of a new commercial proposal.

4.6.3 An order shall be deemed to have been placed, if the Customer within 5 working days has not declined an order, or if proposals have been developed by Customer’s order, which have been sent to him. Further, an order shall be deemed to have been placed, if the Customer has informed the Capacity Partner Ltd. verbally or via e-mail that its processing should begin.

4.6.4 Interruption or displacement of confirmed order shall be made only by the Private Capacity Partner Ltd. through means of agreement or written confirmation.

4.6.5 Change of target setting of an order shall be  made only by the Private Capacity Partner Ltd. through means of verbal agreement or written confirmation.

4.6.6 Subject of an order shall be specified in the commercial proposal service. The success shall not be guaranteed. An order shall be fulfilled in accordance with general provisions of professional practice.

4.6.7 The Customer shall guarantee to send or provide at disposal all necessary data, information and documents of Private Capacity Partner Ltd. company in due time, i.e. not later than 1 week before the fulfilment of the project in order to fulfil working process without any obstacles.

5 Payment of services

5.1 Fees and terms of payment

5.1.1 Prices that are specified separately in the agreement are the prices specified in the price-list during receipt of an order or in accordance with the agreed price-list.

5.1.2 Minimum scope of services provision and other value specified within a month shall be subject to payment in the beginning of the month in its full value.

5.1.3 Orders of new clients shall be prepaid in the amount of 50% of its total value.

5.1.4 Invoices and advances shall be paid within 30 days from their receipt.

5.1.5 In case of payment delay within 30 days, it shall create a debt for the Customer without a prior notice.

5.1.6 With preserving of all the rights, the Contractor shall have a right to issue an invoice for interests on payment delay in the amount of 2% of acting annual rate for credit bank limit, in which he is serviced.

5.1.7 For orders, the amount of which without VAT shall not exceed 5500,00 Swiss francs, a system of prepayments shall be applicable, with regard to any other agreements in accordance with services provision.

5.1.8 If the Customer delays the payment in accordance with specified provisions or he endures financial difficulties, the Contractor shall retain the right to demand a payment in cash when the term of payment is cancelled before the provision of services, or demand payment from the third parties to whom the services are provided.

5.1.9 Mutual settlement of counter demands

Mutual settlement of disputed or illegally specified counter demands of the customer shall not be allowed.

5.2 On provision of agent services

Private Capacity Partner Ltd. shall sent agents within the working time for the fulfilment of orders in necessary quantity. The Customer shall not have any right to demand certain quantity of agents for campaign conduction, for this he shall be guided by the provision of agreement.

5.3 Terms of delivery and fulfilment  

Terms of delivery and fulfilment shall be strictly settled on the basis of written confirmation on the part of Private Capacity Partner Ltd. company. They shall be calculated from the earliest date defined in confirmation of an order. In case of the exceeding of terms, the Private Capacity Partner Ltd. company shall bear the responsibility only in case of ill-intentioned or worse violation. Responsibility shall be limited by 2% from the amount of an order.

5.4 Responsibility and data protection 

5.4.1 Transfer by the users to the address of the Private Capacity Partner Ltd. of information shall be kept on the speech record equipment at will and with the respect to all legal standard conditions. Information shall be recorded only from the agents, and on the choice of the Customer shall be sent via the communicative equipment.

5.4.2 The responsibility shall be established in accordance with general legal provision. For correctness and credibility of the data, information and certificates of products, which is in the disposal of the Customer, the Private Capacity Partner Ltd. shall not bear any responsibility. The responsibility for correctness and credibility of the data towards third parties shall not be allowed.  

5.4.3 Private Capacity Partner Ltd. shall keep in secret all the data and any information of the Customer.

5.4.4 Private Capacity Partner Ltd. shall not bear any responsibility for technical malfunctions neither within the conversations, nor during data transfer.

5.4.5 From the moment of placement of an order through Outbound, the Customer shall guarantee that the individual, who called the Private Capacity Partner Ltd., shall enter into business relations with the Customer and shall provide the consent to make these calls.

5.5 Dissolution of the Agreement with Private Capacity Partner Ltd.

5.5.1 If the Customer after receiving the agreement services delays payments, the Private Capacity Partner Ltd. shall have a right to dissolve the agreement with him.                                                                                                        5.5.2 If the Customer refuses to form a provision of agreed support in accordance with article 6, the Private Capacity Partner Ltd. shall have a right to dissolve the agreement earlier.

5.5.3 In such case, a right to demand the agreed remuneration shall remain valid. The right to demand the remuneration of the damages of the Private Capacity Partner Ltd. remains also unchanged.

5.6 Dissolving of the Agreement by the Customer

5.6.1 If the Customer dissolves the agreement without the apparent cause, the Capacity Partner Ltd. shall have a right to demand from him to pay fees under the agreement in its full amount.                                                                                                                  5.6.2 If the Customer dissolves the agreement due to apparent cause, but not due to the reasons of breaking of agreement obligations on the part of the Private Capacity Partner Ltd., the Private Capacity Partner Ltd. shall have a right to demand from him to pay fees by the agreement in its full amount.

5.6.3 If the Customer dissolves the agreement as a result of breaking of agreement obligations on the part of the Private Capacity Partner Ltd., the Private Capacity Partner Ltd. shall have no right to demand fees, i.e. provided services shall be of no interest to the Customer.

5.7 Order (assignment) to the third parties

We give the orders (assignments) to the third parties and enterprises after the agreement with our Customers at the expense and on behalf of the Customer, but only in the case, if such an agreement exists. If the Customer shall not provide a positive consent to third parties involvement, an assignment to the third parties shall be given only after the analysis of balanced correlation of economic indicators of expected success for our Customer.

5.8 Written form

Changes, additions and additional agreements, and also recognition of the terms of purchase and payment of the Customer shall be made in written form.

5.9 Applicable law and jurisdiction

5.9.1 Only the Law of Ukraine is applicable.

5.9.2 If the Customer is a merchant or a legal entity, having a social right, or legal entity with the status of public and legal property, the place of jurisdiction in disputes between the Customer and the Contractor shall be at Kyiv city, Ukraine.

5.9.3 We shall not bear the responsibility for correctness of the documents of our Customer. Documents prepared by the Private Capacity Partner Ltd. shall be given to the Customer for verification. After receiving of permission from the Customer, we shall not bear the responsibility for these documents.

5.9.4 As advertising materials in accordance with provisions of the current agreement are prohibited, our claims to receive fees within the placement shall not be valid. We shall not provide services in accordance with our knowledge and competency, along with it we shall not take any responsibility.

5.9.5 The Private Capacity Partner Ltd. shall purchase addresses within the frames of client’s order for the fulfilment of the project in accordance with specified criteria. For quality of addresses the Private Capacity Partner Ltd. shall bear no responsibility.

5.9.6 If today or in the nearest future any part of the agreement is disputed or they become invalid, by will of the parties of the agreement, they shall be replaced by the wordings that shall correspond to the will of the parties. This shall not influence the validity of the rest of the agreement.

The User shall confirm that he fully read and understood all provisions of this Agreement and had undoubtedly accepted them.

Place of fulfilment and jurisdiction – Kyiv city, Ukraine.  

Within the frames of this agreement, the Customer shall have a right to conduct marketing in social networks, virtual business-help, IT-developments, translations. All abovementioned clauses shall be discussed beforehand, form in a separate order and paid additionally. The percentages of advance payments shall be put in written form. In other cases one shall be governed by abovementioned clauses.