Public Offer Agreement
for Provision of Services concerning Participation in the International Scientific and Practical Conference
„Energy-Optimal Technology, Logistics and Safety on Transport”
Lviv, Ukraine, 2019м. Львів 2019p.
The representative of Conference organizational committee nongovernmental organization “Linia102.Ua”, identification code 41884212, represented by chairman of the board Oleh M. Voznyak acting on the grounds of Statute, next in text – “Organizer”, offers to any capable individual or legal entity, next in text – “Participant”, who are collectively referred to as the “Parties”, to conclude this Agreement on conditions specified in it. According to articles 633, 642 of the Civil Code of Ukraine this Agreement is a public offer (public contract) and its conditions are equal for all Participants. In case of the acceptance of its conditions Participant is obliged to earnestly follow and perform them. Disagreement with conditions specified in this contract entails impossibility of provision of Services by Organizer concerning Participant’s taking part in the work of Conference. Organizer publishes this Agreement on the following:
Terms and Definitions
Conference – International Scientific and Practical Conference “Energy-optimal technology, logistics and safety on transport”, an event that is to be held on September 19-20, 2019. Working languages of Conference are Ukrainian, Polish and English.
Conference website – an Internet webpage at http://eotconf.diit.edu.ua/, which is the main source of informing Participants.
Organizer - the representative of Conference organizational committee nongovernmental organization “Linia102.Ua”, identification code 41884212, represented by chairman of the board Oleh M. Voznyak acting on the grounds of Statute.
Participant – an individual or legal entity expressing an intention to take part in Conference.
Services concerning taking part in Conference (Services) – provision, by Organizer, of Participant’s taking part in the work of Conference under the conditions and to the extent outlined on Conference website at http://eotconf.diit.edu.ua/.
Public offer - the offer of Organizer (published on Organizer’s site or sites), addressed to an indefinite circle of individuals and legal entities, to conclude this Agreement on specified conditions.
Offer acceptance – complete unconditional and peremptory acceptance of the Public offer and the current Agreement by Participant.
Organizational fee – the amount of money paid by Participant to Organizer to cover the costs connected with the organization and conduct of Conference.
Conference programme – the list and order of reporters’ speeches suggested by Organizer. The Programme specified on the official site of Conference http://eotconf.diit.edu.ua/ is approximate. Organizer can make changes both in the list of reports and reporters and in the order of their speeches at their own discretion informing Participant about the changes through the official site of Conference http://eotconf.diit.edu.ua/ and also in course of Conference by means of making announcements.
Act of acceptance of provided services – the document confirming the fact of business operation performance – provision of Services by Organizer and acceptance of Services by Participant. Act of acceptance of provided services is due to be signed by Parties immediately after the end of Conference.
Subject of Agreement
1.1. Organizer is obliged to provide Services regarding Participant’s taking part in the work of Conference according to Programme of Conference published in the appropriate chapter on the website http://eotconf.diit.edu.ua/.
1.2. Participant is obliged to accept provided Services and pay Organizational fee in due time under the conditions of this Agreement.
1.3. Participant agrees to public show, playback and distribution of photos/videos with Participant’s involvement by Organizer.
Organizational Fee and Settlement Procedure
2.1. The amounts of Organizational fee are indicated in the corresponding chapter on site http://eotconf.diit.edu.ua/ and are valid at the moment of payment making by Participant.
2.2. Participant is to make 100% prepayment of Organizational fee within the time limit denoted in the corresponding chapter on site http://eotconf.diit.edu.ua/.
2.3. The payment of Organizational fee is to be made by Participant by means of transferring the appropriate amount to Organizer’s current bank account according to the issued invoice.
2.4. Time limit for Organizational fee transfer (publication pay) is by August 22, 2019 after signing the contract and receiving the invoice.
Order and Terms of Service Provision
3.1. Services are provided by way of Participant’s taking part in the work of Conference according to the option chosen during registration and following the schedule set by Organizer during 19-20 September 2019 at the time specified on site http://eotconf.diit.edu.ua/.
3.2. Options of Participant’s taking part in the work of Conference:
3.2.1. Option 1: Participation in plenary meeting; Participation in section work; Report in the section; Article publication in the edition indexed in scientometric databases; Provision of food; Receipt of the certificate and handouts.
3.2.2. Option 2: Participation in plenary meeting; Participation in section work; Report in the section; Article publication in Conference materials; Provision of food; Receipt of the certificate and handouts.
3.2.3. Option 3: Participation in plenary meeting; Participation in section work; Provision of food; Receipt of the certificate and handouts.
3.2.4. Option 4: Article publication in Conference materials; the sending of Conference digest by posting after signing the Act of acceptance of provided services.
3.3. After the end of Conference Act of acceptance of provided services is to be signed.
Rights and Obligations of Parties
4.1. Organizer is obliged:
4.1.1. To provide Services qualitatively and fully.
4.1.2. To provide Services involving qualified implementing partners and according to Conference programme.
4.1.3. To inform Participant about changes in Conference programme, additional Services and options as well as about the cost of Services promptly through the site http://eotconf.diit.edu.ua/.
4.1.4. To provide Participant with information and documents concerning this Agreement, the result and process of Service provision by means of telephone, postal and electronic communication, in person or orally.
4.1.5. To inform Participant about any circumstances that prevent or may prevent Organizer from qualitative, timely or full Service provision according to this Agreement.
4.2. Organizer has the rights:
4.2.1. To refuse from fulfillment of Organizer’s obligations under this Agreement and from Service provision in case of improper performance of duties under this Agreement by Participant. In particular (but not exclusively), Organizer may refuse unilaterally from further Service provision in the following cases:
– non-performance of duties under this Agreement by Participant, including cases of violation of terms of payment stipulated in Clause 2.2. of this Agreement;
– providing of unreliable information by Participant;
– providing Organizer with materials that do not meet moral and ethical standards (plagiarism, publication ethics, etc.) by Participant;
– spreading negative information about Organizer which causes harm to Organizer’s business reputation;
– untimely providing of documents, articles and information necessary for Service provision, in particular Participant’s article publication, by Participant;
– violation of Organizer’s internal regulations by Participant;
– violation of moral and ethical standards by Participant during Service provision by Organizer;
– non-attendance of Participant for the receipt of Services stipulated in this Agreement;
– Participant’s refusal to receive Services.
4.3. Participant is obliged:
4.3.1. To ensure the appearance for receipt of Services (except for Participants who are published in Conference materials without in-person participation).
4.3.2. To pay Organizational fee in due time according to Chapter 3 of this Agreement.
4.3.3. To provide full, reliable information, documents, articles and annotations necessary for Service provision by Organizer. These documents are to be certified by Participant. The documents received by Organizer from Participant to the official e-mail of Conference with a proper signature or from Participant’s e-mail have also the legal force of the document certified by Participant.
4.3.4. To ensure that all articles provided by Participant for publication in Conference materials or in the edition indexed in scientometric databases meet the requirements of publication ethics and publication requirements highlighted in corresponding chapters on site http://eotconf.diit.edu.ua/.
4.3.5. To comply with other legal requirements of Organizer necessary for the proper performance of this Agreement.
4.4. Participant has the right:
4.4.1. To receive Services timely, qualitatively and fully according to the terms and conditions of this Agreement.
4.4.2. To receive necessary and reliable information from Organizer about the nature and scope of Services provided by Organizer as well as other information connected with organization and holding of Conference, including with material publication.
4.4.3. To receive additional information and materials about Services provided by Organizer.
4.4.4. To apply to Organizer with suggestions as to improvement of the process of organization and conduct of Conference.
4.5. Parties guarantee that materials and access to electronic resources received by them in the performance of this Agreement shall not be given or communicated to any third party, copied or reproduced in another way.
4.6. Each of Parties is obliged to observe confidentiality and not to communicate materials of Conference to any third party, including but not limited to Presentations, references, etc. without the prior written approval of the other Party except cases when such materials are open to the public.
Accountability of Parties
5.1. For non-fulfilment or improper fulfillment of their obligations under this Agreement Parties shall be liable in accordance with current legislation of Ukraine.
5.2. Participant shall bear full responsibility for veracity, reliability and accuracy of information provided for Organizer, for authenticity of provided documents and their contents and conformity with the requirements of publication ethics, including third-party liability (to individuals, organs and institutions). Organizer shall not be responsible for the contents and format of the documents provided by Participant.
5.3. Organizer shall not be liable to Participant for non-provision of Services under this Agreement if the latter occurs because of Participant (non-provision of required documents, etc.). Organizer shall not be responsible for acts of government and local authorities, third parties.
Procedure for Dispute Resolution
6.1. In case of disputes arising between Parties in the performance of this Agreement Parties shall take all measures to resolve them by way of negotiations. If the disputes cannot be resolved by means of negotiations, Party in interest may apply to the court of competent jurisdiction in accordance with current legislation of Ukraine.
7.1. Parties shall be exempted from liability for partial or full non-fulfillment of their obligations under this Agreement if the latter has become the consequence of insuperable circumstances, namely: natural disasters, fire, floods, strikes, military action or other circumstances if they have influenced the performance of this Agreement by Parties. Insuperable circumstances are considered as those arising during the period of validity of this Agreement as a result of events unforeseen by and unavoidable for Parties.
7.2. Party facing conditions preventing it from fulfillment of obligations under this Agreement because of insuperable circumstances must inform the other Party about the beginning of the indicated circumstances immediately, within the period of 10 days after the occurrence of force majeure. The notification must to contain data about the beginning and character of the circumstances as well as about their possible consequences.
7.3. The proper proof of existence of insuperable circumstances is to be the certificate issued by the Chamber of Commerce of Ukraine.
7.4. In case of emergence of force majeure, Organizer must make every effort for timely and full provision of Services. At the same time, Organizer is exempted from the requirement to return the funds received from Participant in case of impossibility of provision of Services or significant change of their quantity and quality characteristics.
Personal Data and Intellectual Property Rights
8.1. By way of Offer acceptance Participant gives consent to collection, processing and storage of Participant’s personal data that were communicated to Organizer through electronic form from site http://eotconf.diit.edu.ua/ or in any other way in accordance with the Law of Ukraine on Personal Data Protection and also entitles Organizer to include Participant’s personal data into the unified electronic database of Conference Participants. These data may be used further by Organizer for informing registered Participants about the progress in preparation for Conference, changes in its organization, etc. by e-mail and/or other means of communication, including a telephone call.
8.2. Parties are obliged according to the requirements of current legislation in the sphere of personal data protection to provide proper protection of personal data from illegal processing as well as illegal access to them, including taking necessary measures for prevention of personal data disclosure by staff and/or other authorized persons of Parties who these personal data were entrusted or became known to in connection with fulfillment of their duties under this Agreement.
8.3. Participant agrees that Organizer is not liable for any processing, failure to provide proper access mode and protection of Participant’s personal data by third parties, including Organizer’s staff, if giving access to these personal data (or another action creating an opportunity of further unauthorized processing by third parties) was carried out by Organizer or another person with the permission of Participant beyond fulfillment of duties under this Agreement for private or other purposes not connected with fulfillment of duties under this Agreement, using technical facilities or other materials/equipment of Organizer.
8.4. Taking into account the provisions of this Agreement, the Civil Code of Ukraine, the Laws of Ukraine on Copyright and Related Rights and Information Act, Parties have agreed that:
– all materials used for the fulfillment of this Agreement are protected by Copyright;
– all and any rights of exclusive ownership of all objects of intellectual property provided during performance of this Agreement by Organizer, including rights to the objects of intellectual property (copyright) stated in article 424 of the Civil Code of Ukraine, fully belong to the authors of such objects from the moment of their creation.
8.5. Participant has the right to use the materials exclusively for the purposes of implementation of this Agreement. Meanwhile the ownership of intellectual property of the materials remains with their authors. Nothing in this Agreement shall be interpreted as transfer of any ownership of intellectual property of information materials and/or permission to use the latter for purposes other than defined by this Agreement, including their transfer to third parties.
9.1. This Agreement enters into force from the moment of Offer acceptance by Participant and is valid until Parties completely fulfill their obligations.
Obligations under this Agreement are considered as fulfilled on the part of Participant from the moment of making full payment of Organizational fee according to the invoice issued by Organizer.
Obligations under this Agreement are considered as fulfilled on the part of Organizer from the moment of signing Act of acceptance of provided services by Parties.
9.2. Organizer has the right to terminate this Agreement unilaterally and cease providing of Services in cases stipulated by Clause 4.2.1 of this Agreement. In case of Agreement termination under circumstances mentioned in Clause 4.2.1 of this Agreement, payments made by Participant under this Agreement are not refundable.
9.3. This Agreement may be prematurely terminated by consent of Parties or by decision of the Economic Court.
10.1. Organizer does not edit information about Participant – first name, last name, position and place of work specified during registration shall be indicated on Participant’s badge.
10.2. This Agreement is governed by current legislation of Ukraine, regardless of the location of Participant receiving the Service.
10.3. All controversial issues and disputes that arise between Parties in connection with implementation of this Agreement are to be resolved by way of negotiations.
10.4. All modifications and amendments of this Agreement are valid if they are set out by Organizer on Conference site at http://eotconf.diit.edu.ua/. Other documents having the force of written form (and considered as Amendments to this Agreement) are also article annotations and other records exchanged by Parties through e-mail, as well as Act of acceptance of provided services signed by both Parties.
10.5. In the case that Participant refuses to sign the Act of acceptance of provided services and all Services have been provided, Participant has the right to put in a written claim for addressing shortcomings in the quality of provided Services within the period of 3 (three) working-days from the moment of notification of completion of Service provision. If participant hasn’t put in a claim or such claims have been resolved or refuted, Act of acceptance of provided services is considered as signed.
10.6. Participant confirms that Participant has become acquainted with all the conditions of this Agreement before its conclusion (accession to it) and has concluded this Agreement consciously and voluntarily.
10.7. Upon accession to the conditions of this Agreement, all previous negotiations and correspondence of Parties that are in any way related to this Agreement are no longer legally binding but may be taken into consideration in the process of interpreting the conditions of this Agreement.
10.8. All legal relationships arising in connection with the performance of this Agreement and are not regulated by it are governed by norms of current legislation of Ukraine.
10.9. This Agreement is not to be applied (and even in case of Offer acceptance by Participant under this Agreement) to cases of conclusion of a separate bilateral written contract of Organizer with Participant and Participant’s payment for Organizer’s Services according to the separate written contract concluded with Organizer.
10.10. Parties confirm that in the case that any condition of this Agreement becomes or is declared invalid on account of its non-conformity with law, this condition does not entail that any other clause of this Agreement or this Agreement in general are declared invalid. In that event Parties are to take measures as soon as possible to modify this Agreement to necessary extent in order to replace invalid clause so that in the modified form it shall be legal and inherently maintain initial intentions of Parties as much as possible.
10.11. Parties bear responsibility for accuracy of their details specified in this Agreement and are obliged to notify the other Party of any changes timely in writing. In case of failure to notify, Parties bear the risk of adverse effect caused by it.
Nongovernmental organization „Linia102.ua”
Legal address: 79052, Lviv, I. Blazhkevych Str. 12-a
Tel. +38 (067) 251 84 75
Identification code: 41884212,
Account № 26002011106387 in AT "Kredobank"