"Business Cabinet" or "Personal Cabinet" - a set of web pages that provides the opportunity to implement a set of actions and register on the site for the purpose of advertising information or / and purchase of goods through an online resource.
"Internet" or "Internet Network" is a worldwide public information system that is logically linked by a global address space and is based on an Internet protocol defined by international standards. In interpreting the terms of the Agreement, the terms "Internet" and "Internet" are used as synonyms.
"Website", "Internet Website" or "Internet Resource" - a collection of Internet pages of the "International Platform of Contemporary Art of Ukraine", linked by a common root Internet address, which is available on the Internet at https://codeky.art.
"Web Page" is a part of the Internet website with a unique Internet address, which is intended for placing on it text, graphic, audiovisual information and programs in electronic (digital) form.
"Advertising" or "Promotional Materials" means information about a person or product that is distributed on the Internet and is intended to generate or maintain awareness of consumers of advertising and their interest in such persons or goods. In the interpretation of the terms of the Agreement, the terms "Advertising" and "Advertising Materials" are used as synonyms.
"Advertising Services" means the actions of the Contractor that consist of placing the Media on the Internet Site within the Display Time or with the Display Period, calculated as a calendar month.
"Display Time" - the time from start to finish of display of Information Media on Information Resources. The start of the show is 00.00.01 hours on the day of the first calendar date of the show time. The end of the show is 00.00.00 hours on the last calendar date of the show time. Display time is measured in calendar days. The duration of the day within the limits of interpretation of the terms of the Agreement shall correspond to the twenty-four hours.
"Frequency of display" - the technical possibility of access of third parties to the Information media, which are changed by other Information media with a certain period of time.
"Advertising Media" or "Information Media" - Graphic banner or Banner, Text block, Text and graphic block, other types of Information media agreed by the Parties.
"Graphic Banner" or "Banner" - a static or animated image, as well as an image that combines static and animated elements of a size specified by the Parties. In the interpretation of the terms of the Agreement, the terms "Graphic Banner" and "Banner" are used as synonyms.
“Text Block” - Text that can be formatted on the website.
"Text-to-graphic block» - is an information block that contains formatted text and a graphic image.
"Placements" - actions aimed at placing the Information Media on the Website, which makes the Information Media accessible to an unlimited number of people.
"Placement Types" - Static Placement, Dynamic Placement, Contextual Placement.
"Static Placement" - Placing and displaying Promotional Materials on a web site agreed upon by the Parties during Display Time.
"Dynamic Placement" - Placement and display of Promotional Materials on a web site agreed by the Parties with a Display Time specified by the Parties.
"Contextual Placement" - Placing and displaying Promotional Items on keyword search results pages.
Other terms used in the Contract and not defined in clause 1.1. The Agreement shall be interpreted in accordance with the legislation of Ukraine in force on the date of conclusion of the Agreement.
Scope of the contract
The Advertiser orders and pays and the Contractor renders Advertising Services in accordance with the terms and conditions set out in the Agreement and the Appendices, which are an integral part of the Agreement, in which the Parties agree, Information media, their sizes, Time or Period of display, number of impressions of the Media, Type and placement, cost of Advertising Services.
The placement of each Advertiser Information Media shall take place only if and after the Parties agree on the content and appearance of the Media Media (moderation).
Order of interaction of the Parties
The Advertiser independently creates information materials belonging to the Advertiser on the property or right of use and independently places in the business cabinet information about their own advertising materials and ads. The advertiser has the right to use the chat to clarify information regarding the placement of materials.
The advertiser can register in the business account two options for posting their work.
Paid section of PR placement, subject to the following steps:
Submit a minimum of five (5) works with a description of them.
The cost of work should be from one hundred fifty (150) dollars USA, VAT not included.
Create a merchant in the payment system in BA, fill out the items proposed to conclude an agreement with the payment system.
Send information for moderation and within 24 hours receive confirmation of the possibility of posting work.
Pay with a private card, already activated in the system, 1.5% per quarter of the cost of the goods placed in the business office.
Check for posted work on the site.
For the sections "Art", "Fashion", "Photography" after the sale of goods, the site will withhold from the cost of the work sold 15% of the cost, which is the cost of marketing costs for the development and promotion of the master on the Internet.
Collectors who have placed their collections on the site in their own business account do not appear in the "Authors" list.
For students, the site provides a 50% discount on placement of works in the PR section. To get a discount, you need to upload a scan or a photo of a student ID when registering a business account.
This section provides the opportunity to write expert articles in the BLOG section, as well as submit 3 free advertisements for art services, if there are 5 works posted in the PR section.
An advertiser who has registered a business account is entitled to 3 free advertisements for their art services in a calendar month, on condition that there are five works on the site per month.
A Registered Advertiser in an active business account (products that have been moderated and are on the site) can post their own blogs, which must also be moderated.
Free section "Art-market", after completing the following steps:
Post at least one (1) work with a description of it.
The cost of work should be from ten (10) dollars USA (VAT not included) and without a maximum cost limit.
Create a merchant in the payment system in BA, fill out the items proposed to conclude an agreement with the payment system.
Send information for moderation and within 24 hours receive confirmation of the possibility of posting work.
Get a free placement of works and check the availability of posted works on the site.
The cost of the agency commission in the Art-market section of the site will refrain from the cost of the sold work 15% of the cost.
Authors who posted their collections on the site in the Art-market section do not appear in the Authors list, their names are also not active in the product card, they do not have the opportunity to write expert articles in the Blog section or give free ads.
All products posted on the www.codeky.art internet site are advertised on it and are not the property of the online resource but the property of the provider and promoter. Logistics and all issues related to the delivery of goods to the consumer are the responsibility of the person who places certain promotional materials.
The owner of these goods is responsible for the quality of packaging of the goods sold. In case of mechanical breach of packing of goods the responsibility is on the logistics company that transports the goods.
The advertiser must fill in their own registration information in the proposed stanzas. To place advertisements at will, it is obligatory to place the biography and photos.
An advertiser who has registered a business office is entitled to 3 free advertisements for their art services in a calendar month, on condition that there are five works on the site per month.
A Registered Advertiser in an active business cabinet (products that have been moderated and are on the site) can post their own blogs, which must also be moderated.
The Advertiser warrants that in the preparation of the Promotional Materials he has taken and takes all necessary measures to avoid violations of the rights of third parties. The use in the Promotional Materials of names, images of faces, titles, slogans, expressions, photographs, trademarks of goods and services, trade names, other intellectual property objects is duly agreed with the owners of the rights to these objects, and the written consent of physical persons has been obtained from individuals to use their image and / or name. The Advertiser shall be fully liable in the event of such failure to agree, including the obligation to indemnify the Contractor (in the form and time limit to be determined by the Contractor) for any and all costs and / or losses incurred by the Contractor in connection with the non-receipt or improper receipt of the relevant approvals and permissions as indicated above and / or in connection with the consideration and / or resolution by the Contractor of any claims, claims, statements and appeals of third parties obtained by the Contractor in violation of third parties rights whether or not in connection with the production or distribution of Promotional Materials, whether or not such claims, statements or appeals are justified. The guarantee of carrying out the said reconciliation and the specified compensation of costs and losses of the Contractor extends for an unlimited period of time and does not terminate with the expiration of the Contract.
The Advertiser gives to the Contractor the rights to use the intellectual property rights contained in the Promotional Information and Information Media transmitted by the Advertiser to the Contractor within the scope of their placement on the Information Resource. The Parties understand and agree that the Contractor is not restricted in the right to transfer all acquired rights under the Agreement (including exclusive intellectual property rights) to any third party that he engages in the provision of services, without any additional consent from Advertiser.
The Advertiser, in the form and in the terms established by the Contractor and defined by the terms of the Contract, shall provide the Contractor with all information necessary for the latter to provide advertising services under the Contract, including:
1. If the goods being advertised are subject to mandatory certification and / or activities referred to in the Advertising, they require special permission, licenses, or if the legislation requires reference in such Advertising to the special permit number, licenses, date their issuance and the name of the body that issued the special permit, the license, the Advertiser is obliged to provide the Contractor without any request of the latter and by the scheduled date Placement of the Information medium on the Information resource a copy of the relevant certificate, permissions, licenses (certified by an authorized person and the seal of the Advertiser or in any other form to be notified to the Advertiser of the Contractor).
2. If in the Information media there is a mark for goods and services or other intellectual property object, or the image of an individual is used or its name is used, the Advertiser undertakes at the first request of the Contractor within 1 (one) day provide evidence of their legitimate use.
The Contractor is not obliged to check the content and / or form of the Information Media regarding its compliance with the legislation of Ukraine, including, but not limited to, compliance with the requirements of the legislation of Ukraine on advertising and protection of economic competition against unfair and / or hidden and / or comparative advertising and / or compliance with general and other advertising requirements established by Ukrainian law. The Advertiser agrees to indemnify the Contractor (in the form and in the terms to be determined by the Contractor) of any and all costs and / or losses of the Contractor incurred by the latter due to the inconsistency of the content and / or form of the Information Media with the requirements of the legislation of Ukraine and / or in connection with consideration and / or decision by the Contractor of any requirements, claims, statements and appeals of third parties received by the Contractor in connection with the inconsistency of the content and / or form of the Information Media with the requirements of the legislation of Ukraine. The advertiser's stated obligation to reimburse the Contractor for the costs and damages extends for an unlimited period of time and does not terminate with the expiration of the Contract.
Rights and duties of the Parties
An advertiser has the right to:
1. During the Display Time, change the Information Media to another Information Media by agreeing through moderation on the resource.
2. Ask the Contractor for information on the progress of doing his obligations under the Contract.
The Advertiser is obliged to:
1. To pay timely and in full the cost of Advertising Services.
2. Immediately notify the Contractor of any changes of their email address and other details.
3. In the case of production of Promotional Materials in a timely manner, within the terms specified in the relevant Annex to the Contract, provide the Contractor with electronic materials of the site, in the form of a technical task and information necessary for the execution of works (rendering of services), to agree on fonts, drawings, arrangement of elements, storyboards and banner animations and other information required to fulfill the terms of the contract.
The Contractor has the right to:
1. Refuse the Advertiser in Placement of the Information Media if the Information Media provided by the Advertiser does not meet the requirements of the law or if the Advertiser has debts to the Contractor. The Contractor shall not be liable for any damage to the Advertiser caused by such actions.
2. To receive remuneration for the provision of Advertising Services specified in the Agreement.
3. Involve third parties to provide Advertising Services, while remaining responsible for the acts or omissions of such third parties.
The Contractor is obliged to:
1. To provide Advertising services in accordance with the terms of the Agreement.
2. In case of refusal of the Placement of the Information medium, notify the Advertiser of such refusal within 5 (five) working days from the day of receipt of the advertising materials by sending a letter by means of e-mail to the address from which the Information medium was provided to the Contractor.
3. Provide on request of the Advertiser information on the progress and results of the provision of services under the Agreement.
4. Immediately notify the Advertiser of changes of email address and other details.
Price of the Agreement, terms of payment, acceptance of services
1. The price of the Agreement is determined by the total amount of Advertising Services that will be provided upon request.
2. The cost of the Advertising Services under the Agreement shall be paid by the Advertiser by making 100 (one hundred) percent of the prepayment within 3 (three) working days.
3. The fact of rendering of services is confirmed by signing the Acts of rendered services by the Parties and affixing them with seals.
The parties have determined the following procedure for accepting services:
1. The act on rendering of services is made by the Contractor within 5 (five) working days from the moment of the termination of rendering of advertising services, is signed by the Contractor and submitted for signature to the Advertiser;
2. The advertiser shall, within three days from the date of receipt of the Act, consider and, in the absence of objections, return a signed copy of the Act on rendering services to the Contractor. If there are objections to the provided Advertising Services, the Advertiser shall, within the specified period, make a written reasoned objection and send it to the Contractor. Within 5 (five) business days from the date of receipt by the Contractor of the reasoned objection, the Parties further agree on the terms of correction of the defects;
3. The absence of objections (objections) on the part of the Advertiser within the above-mentioned period means acceptance of the relevant advertising services by the latter without any claim regarding their volume and / or quality, including in the case of failure to submit a signed act or to sign it without objection.
Responsibilities of the parties
In the event of non-performance or improper performance of their obligations under the Contract, the Parties shall be liable as provided by applicable law.
A breach of the Contract is its non-performance or improper performance, that is, performance in violation of the conditions determined by the content of this Agreement.
The Advertiser is solely responsible for the entire content of the Media (names, portraits, photographs, registered trademarks for goods and services, private materials, any evidence), as well as claims, problems arising from the placement of the Media, including from third parties.
The Advertiser shall be solely responsible for all damages caused to the Performer and third parties by the content of the Media.
In case of breach by the Contractor of the terms of service specified in the relevant Annex, the Advertiser has the right to recover, and the Contractor is obliged to pay the Advertiser a penalty in the amount of a double NBU discount rate for each day of delay of the obligation from the specified in the corresponding Annex the amount of services provided.
An irresistible force
The Parties shall not be liable for the non-performance or improper performance of obligations under the Contract if they prove that the proper fulfillment of their obligations was impossible due to force majeure, which cannot be foreseen at the time of signing of this Contract: war, military action, environmental conditions, strike, lockout, other industrial disorder, socially dangerous acts of third parties, declared and unannounced war, threat of war, terrorist attack, blockade, revolution, rebellion, uprising, mass riots, sabotage, act of vandalism, lightning, fire, storm, flood, earthquake, accumulation of snow or ice, lack of water due to weather or environmental conditions, blackouts due to sudden damage to power grids, actions and regulatory acts of state authorities, local self-government, local government beyond the reasonable control and influence of the Parties, which have occurred after the conclusion of this Contract and impede the full or partial fulfillment by the Parties of their obligations under the Contract.
The Obligated Party which refers to any of the circumstances shall be obliged to notify the other Party in writing of the commencement and termination of these circumstances immediately, but not later than five working days after the date of the force majeure.
Appropriate proof of the circumstances of force majeure will be the certificates provided by bodies whose competence, by the relevant act of the legislation of Ukraine, includes confirmation of the facts of force majeure, as well as the information of the relevant state bodies of Ukraine and / or local self-government bodies and / or expert organizations and institutions.
