Public offer on providing access to the Service for businesses

1. Definitions

1.1. Contractor — Individual entrepreneur Vaisberg Volodymyr Viktorovych (tax ID 3179418499), group 3 single-tax payer, not a VAT payer.

1.2. Service — the Contractor’s online service at pdrtest.com.

1.3. Customer — a legal entity or individual entrepreneur accepting this Offer in order to provide access to the Service to its Employees.

1.4. Employee (User) — an individual whom the Customer engages to use the Service (registers via the Customer’s invitation link).

1.5. Active user — an Employee who performed at least one learning action in the Service during the Billing month (answered at least one question).

1.6. Billing month — a calendar month, Kyiv time.

1.7. Cabinet — the Customer’s corporate cabinet in the Service.

1.8. Service provision — granting the Customer and its Employees the right to use the functional capabilities of the Service for the term of the Agreement. It does not include transferring a copy of the software or any intellectual-property rights to the Customer.

2. Subject of the Agreement

2.1. The Contractor provides the Customer with the Service provision (cl. 1.8) — grants the Customer’s Employees the right to use the functional capabilities of the Service, and the Customer pays for it under the terms of the Agreement.

2.2. The scope of the Service provision per Billing month is determined by the number of the Customer’s Active users. The number of Active users is determined automatically; the Service’s logs serve as the basis for determining the number of Active users and calculating the cost.

2.3. All intellectual-property rights to the Service’s software, its design, structure, functional capabilities, own databases and other intellectual-property objects created by the Contractor belong to the Contractor unless expressly stated otherwise. No intellectual-property rights are transferred to the Customer or Employees — only the right to use the functional capabilities of the Service for the term of the Agreement is granted.

2.4. Materials whose intellectual-property rights belong to third parties (including materials officially published by state authorities) are used in the Service in accordance with the legislation of Ukraine and remain the property of their right holders. Their use in the Service does not transfer any intellectual-property rights to the Contractor.

3. Acceptance of the Offer (conclusion of the Agreement)

3.1. Acceptance (full and unconditional acceptance of the terms) is any of the following actions by the Customer: creating or activating a corporate account; distributing the invitation link and having at least one Employee join; actual use of the Service by the Customer’s Employees; ticking the corresponding consent checkbox in the Cabinet.

3.2. The Agreement is deemed concluded from the moment of acceptance. At the Customer’s request the Agreement may additionally be executed in writing (a bilateral contract); in that case billing documents refer to its number and date.

4. Cost of services and payment procedure

4.1. The cost is determined per Active user per Billing month according to the rate specified in the Customer’s Cabinet and on the invoice. Prices are in hryvnias, VAT-free (the Contractor is not a VAT payer). The price includes all payments due from the Customer to the Contractor for the Service provision, except as expressly provided by law.

4.2. Payment is made for services actually rendered (post-payment). On the 1st of the month following the Billing month the Contractor issues an invoice for the previous month.

4.3. The invoice is payable no later than the 5th of the month it is issued.

4.4. Payment methods: by bank card via the payment service specified on the Site, or by bank transfer using the Contractor’s details (Section 9). The Customer states the invoice number in the payment purpose.

4.5. The Customer’s payment obligation is deemed fulfilled when the funds are credited to the Contractor’s account.

4.6. Based on the results of the Billing month the Contractor issues an Act of services rendered. The Act is deemed accepted if within 5 (five) business days the Customer has not provided reasoned written objections with a specific description of the identified deficiencies.

4.7. Since the Service provision is paid for after it has actually been rendered (post-payment), the question of refunds for rendered services does not arise.

4.8. Invoices and Acts are drawn up electronically and provided to the Customer in the Cabinet and/or by email. The Parties recognize the legal force of electronic documents in the cases and manner provided by the legislation of Ukraine.

5. Rights and obligations of the Parties

5.1. The Contractor undertakes to provide access to Active users and to issue an invoice and an act for the Billing month.

5.2. The Contractor may unilaterally change the terms of this Offer and the rates by publishing a new revision on the Site. The new revision applies from the effective date specified in it, or, if no date is specified, from the moment of publication, and only to services rendered after it takes effect; changes do not apply to services already rendered or invoices already issued.

5.3. The Customer undertakes to: pay invoices on time; provide accurate details; independently manage the composition of Employees in the Cabinet; ensure a legal basis for engaging Employees and transferring their data (Section 6).

5.4. The Customer may manage Employees (add, disable, remove, organize into groups), view statistics and receive billing documents.

5.5. The Contractor may temporarily restrict Employees’ access to the Service in case of overdue invoice payment, violation of the Agreement or the law, use of the Service other than for its intended purpose or abuse of its functionality, a threat to the security of the Service, or during maintenance. Access is restored once the grounds for restriction are removed.

5.6. The Contractor may engage third parties (hosting providers, payment services, infrastructure suppliers, etc.) to perform individual obligations under the Agreement, remaining liable to the Customer for the proper provision of the Service.

6. Personal data

6.1. The Customer confirms that it has legal grounds to engage Employees in the Service and to transfer the data required for this. Data is processed in accordance with the Privacy Policy and the Law of Ukraine “On Personal Data Protection”.

6.2. The Contractor processes Employees’ data solely for the purpose of providing the Service, settlements and document preparation.

7. Liability. Force majeure

7.1. The Parties are liable for non-performance of obligations in accordance with the current legislation of Ukraine and this Agreement.

7.2. The Contractor is not liable for the consequences of the Customer providing inaccurate or incomplete data.

7.3. The Service is provided on an “as is” basis. The Contractor makes reasonable efforts to keep the Service running smoothly but does not guarantee its uninterrupted 24/7 availability; maintenance interruptions are possible. The Contractor is not liable for inability to use the Service for reasons beyond its control: malfunction of the Customer’s or Employees’ hardware or software, the quality of their internet connection, the operation of browsers and third-party services (including payment ones).

7.4. The Service is educational in nature. The Contractor does not guarantee that an Employee will pass the theoretical exam or achieve any other learning outcome.

7.5. The Contractor’s liability under the Agreement is limited to compensation of only actual, documented losses of the Customer and in any case cannot exceed the amount paid by the Customer for the Service provision for the last Billing month. Lost profit and other indirect losses are not compensated.

7.6. The Parties are released from liability for full or partial non-performance of obligations caused by force-majeure circumstances (war or hostilities, natural disasters, decisions of authorities, etc.) arising after the conclusion of the Agreement. The Party affected by such circumstances notifies the other Party within a reasonable time via one of the official communication channels (cl. 10.3).

8. Term and termination

8.1. The Agreement is effective from the moment of acceptance until terminated by either Party.

8.2. The Customer may terminate the Agreement by ceasing to use the Service and notifying the Contractor via an official communication channel (cl. 10.3), and/or by removing all Employees in the Cabinet. Failure to pay an invoice on time is grounds for temporary restriction of access (cl. 5.5).

8.3. Termination of the Agreement does not release the Customer from paying for services actually rendered.

8.4. Termination of the Agreement takes effect after the Parties have fulfilled their mutual obligations, in particular after full payment for services actually rendered.

8.5. The Contractor may, without stating reasons, unilaterally refuse further provision of the Service by notifying the Customer via an official communication channel (cl. 10.3) at least 15 (fifteen) calendar days in advance, subject to full performance of obligations regarding services already rendered.

9. Contractor’s details

Фізична особа-підприємець Вайсберг Володимир Вікторович

РНОКПП: 3179418499

Платник єдиного податку 3-ї групи, не є платником ПДВ

Адреса: Україна, 02068, м. Київ, вул. Драгоманова, буд. 18, кв. 197

IBAN: UA713052990000026004010140722

Банк: АТ КБ «ПриватБанк», МФО 305299

Діє на підставі Виписки з Єдиного державного реєстру юридичних осіб, фізичних осіб-підприємців та громадських формувань (запис про державну реєстрацію № 2010350000000427045 від 15.10.2023)

Тел.: +380669636631

Email: info@pdrtest.com

10. Miscellaneous

10.1. The Agreement is concluded in the territory of Ukraine; the legal relations of the Parties are governed exclusively by the legislation of Ukraine.

10.2. All disputes are resolved through negotiations, and if no agreement is reached — in court in accordance with the legislation of Ukraine.

10.3. The official communication channels of the Parties are email (the Contractor’s — specified in Section 9; the Customer’s — specified when creating the corporate account or in the Customer’s details) and the Cabinet. A notice sent via these channels is deemed proper.

10.4. The Parties undertake not to disclose the other Party’s confidential information obtained in connection with the conclusion and performance of the Agreement, including after its termination, except as provided by law.

10.5. Employees’ use of the Service is also governed by the Terms of Service and the Privacy Policy in effect at the time of use, as published on the Site.

10.6. The provision of services under this Agreement does not create any representation, agency, employment or other relations between the Parties other than those expressly provided for by this Agreement.

10.7. If any provision of this Agreement is found invalid or unenforceable, this does not affect the validity of the remaining provisions of the Agreement.

10.8. The exam questions, answer options and official illustrations used in the Service belong to their respective right holders and are used solely as educational materials. The Service is an independent informational and educational product, is not an official service of the Main Service Center of the Ministry of Internal Affairs of Ukraine and does not represent its interests.