for the use of the site and the supply of information service (Customer’s agreement)
№2 dated December 9, 2016
1. Terms and object of the contract
This agreement is the public contract for the supply of information services and the use of the Site.
This agreement is the Contract of adhesion and its terms are standard for all consumers.
This agreement defines the relationship between the provider of the services set in this contract (hereinafter called the Provider)
and the consumer (hereinafter called the Consumer) - together named the Parties and individually - Party, and also the rights and
obligations of third parties who use the infrastructure of the Site and services, are actual or potential customers of the Consumers
(hereinafter called Consumer’s clients).
The Provider of the services according to this Contract is "8 STARS" LLC, USREOU 39963001, address:
01030, Kyiv, Bohdan Khmelnytsky street, bud.16-22, building B, ap. 209.
Provider supplies to the Consumer the advice on informatization, other activities in the field of
information technologies and computer systems, data processing, posting information on web-sites and
other related services by enabling the use of the Site:
(hereinafter called the Site); of the subdomain pages on the website:
(hereinafter called Consumer’s Site) together hereinafter referred to as Sites; of the web application
and of the mobile applications for iOS / Android, that are together hereinafter referred to as Apps;
of the corresponding services created by the Provider. All Sites, Apps, materials, resources and services
are available to the Consumer at the time when the Consumer accept the offer to conclude this contract and
further pursuant to the subject of this Contract.
According to this Contract when registering the Consumer is able to create his/her own site (Consumer’s Site)
with the address type http://Name.8stars.pro and the Consumer chooses the name independently that does not match
the names of other Consumers. It also enables to put information about yourself or your business, enterprise, services,
products, prices, promotions, contacts, etc. and to use those in the appropriate Apps, the functions of the calendar, to
keep a daily accounting and record of Consumer’s clients, to receive and process applications of Consumer’s clients for
Consumer’s services, to use the function of notifying the Customer’s clients and employees by SMS and email, an online access
for Consumer and Consumer’s clients to the services of the Site using the mobile devices and an integration of the software
8STARS to the social networks, and more.
By using the Sites, Apps and available services, transferring the information to the Consumer, the
Consumer’s clients agree, accept and confirm that the terms of this Contract extend to them, as well
as other terms that are directly listed on the Site.
This contract requires payment. The order, the forms and the amount of the payment are determined in
this Contact. The payment information is also available in the appropriate section of the Site.
2. According to this Contract the Consumer of services:
In full receives the services, provided by this Contract, in a proper quality and pays for these
services in a timely manner.
Uses the Sites, Apps, corresponding services and resources conscientiously, sensibly, with the purposes
that do not conflict with the existing law and the accepted norms of morality and ethics.
Does not allow any action from his/her side, and, within its capacities, does not allow the Consumer’s
clients and any third parties to act in the ways, that may damage the Sites, Apps, software, posted data
of any kind and content, damage the reputation of the Provider and other Consumers, Consumer’s clients;
Should immediately inform the Provider about such a threat or harm.
Has the right to opportunely receive the complete information on the provided services, resources,
promotions, that are held or are being prepared, contests, discounts and bonuses, loyalty programs,
special offers and to participate in them according to the general conditions defined by the Provider.
Has the right to receive a free-of-charge trial period with the Sites, Apps and their services within
14 days from the date of registration with the following choosing of the appropriate tariff and the
payment method or cessation of the access and provided services.
Has the right to choose the appropriate tariff plan and the payment method among those, defined
by the Provider.
3. According to this Contract the Provider:
Provides the Consumer the access to the Sites, Apps and their services, resources and materials
according to the chosen tariff plan, including the opportunity to realize the registration and payment.
Ensures the proper functioning of the Site, Apps and their services 24 hours a day, not less than
28 days per month.
Eliminates the technical problems related to the inability to access the Sites, Apps or based on
them services or information within 24 hours from receiving the Consumer’s request, except for the
problems that occurred because of the fault of third parties (Internet service provider, the owner of
the server, intentional or negligent acts of the third parties, etc.)
Provides the safeness of personal data and other information about the Consumer and Consumer’s clients
and their maximum protection and preservation in accordance with the existing technical capabilities.
Without any payment uses the provided by the Consumer copyright objects on the Site, including
(and not exceptionally) photographs, graphics, images, audio, video, texts, descriptions, specifications
of goods and services, logos, trademarks, names, trademarks, etc.
In case of complaints or allegations about the contravention of the intellectual property (copyright) on
the Sites, Apps by the Provider, Consumer, Consumer’s clients or others third parties, immediately takes
measures to remove or limit the public access to these relevant materials (data).
Provides the Consumer the possibility to register on the Sites and to pay for services, provides the
necessary information to do these.
Has the right to change the design of the Sites, their contents, list of services, characteristics of
the Apps; to modify or supplement the used software and other items that are used or stored on the Sites,
the order of access for Consumer or Consumer's clients to the Sites; to increase the amount of provided
services; to expand their quantity, with or without the anterior notice but with the mandatory provision
of information about such changes in the relevant section of the Site, not later than the day following
the day, when the corresponding changes were made.
Has the right to reduce the list or the volume of services provided or to adjust the payment methods
available, after notifying the Consumer not later than two weeks before such changes, by posting the
corresponding information on the Site in the common access or through personal notification of Consumer(s).
Has the right to unilaterally change the terms of this public Contract, after posting the corresponding
information on the Site no later than two weeks in the common access and during two weeks after making
Has the right, without the antecedent notice, to terminate or restrict access to the Sites, Apps and/or
specific services, resources and information in the cases: of the violation of the terms of this Contract,
untimely or incomplete payment or violation of such the payment, violation of the legislative requirements,
rights and interests of third parties. In this case the Consumer is notified of such actions, their
reasons and the possibility of their settlement no later than two working days after taking the
appropriate steps by the Provider.
Has the right to hold the promotions, contests, implement the loyalty programs, discounts, bonuses and
special offers (hereinafter called Promotions) for Consumers at its own discretion. The relevant
information should be placed in the common access on the Site, not later than one day prior to such a
promotion and be available during all time of its realization. If the changes are permanent (timeline is more than 6 months)
the Provider, when necessary, makes changes or additions to this Contract.
4. Method of payment under this Contract
All the payments between the Consumer and the Provider are realized in the national currency of Ukraine.
The payment with the Provider is carried out according to the chosen tariff plan monthly or with the
other frequency set by the Provider, in accordance with the invoices sent by the Provider to the
Consumer in the electronic way. The payment is performed by means of the subscription for 30 days,
or other period established by the Provider.
The invoices are sent as an electronic document to e-mail which is specified by the Consumer or via
the internal system of messages on the Site. The presence of the digital or scanned signatures on the
invoices is not required. For the first time the invoices are sent in 5 days before the end of the
14-day trial period and subsequently in 5 calendar days before end of the prepaid period.
The Consumer must pay the invoice within 5 banking days. If the specified invoice is not paid, the
Consumer is considered to have a debt and the provision of services to this Consumer under this Contract
can be stopped or restricted.
The payment can be made in a electronic form by transferring funds through the payment systems of
VISA/MasterCard, Privat24, bank transfer or payment with the funds available in the balance of the
Customer. Those funds can be raised by using promo codes and other promotional offers.
In case of the payment through a bank, card or system "Privat24" marked or intended "to account 8STARS",
the funds are paid into the account using the bank details, mentioned in the Contract and on the Site.
At the same time the corresponding amount is credited to the Consumer’s account in 8STARS system where
can be accumulated and used for the payment under this Contract.
The bonuses from participation in loyalty programs, promotions, contests, and etc. are also deposit
into the Consumer’s account.
5. Responsibility of the Parties and liability limits. Prohibitions.
For failure to perform the obligations under this Contract the Parties bear responsibility in accordance
with the law.
All the disputes, arising while fulfilling the conditions of this Contract, the parties solve through
the negotiations. In case of disagreement, the disputes are solved in a court.
The losses, caused by one Party to another one as a result of an infringement, should be compensated
in full, except the cases foreseen in this Contract and in the law.
The consumer is responsible for actions related to the creation and placement information on Sites,
Apps; and for posting information about the Consumer’s clients in accordance with the current
legislation of Ukraine. The Consumer is personally responsible for the data and information that is
loaded or published on the Site. The Consumer has not the right to upload, transmit or publish data,
information on the Sites, Apps, if this Consumer does not have the necessary rights to perform such
action, acquired or transferred him/her under the Contracts, the legislation of Ukraine and the
The provider is not responsible for the Consumer’s violations of the intellectual property rights.
The Provider is not obliged to monitor materials and data placed by the Consumer about the prohibited
content presence. This Contract presumes that the Consumer and Consumer’s clients behave reasonably,
conscientiously, and in accordance with the law.
The Customer, Customer’s clients or third parties are prohibited to download, store, publish,
distribute and provide access or otherwise use any information (or links to information in other sources)
contains threats, discredits, offends, denigrates the honor and dignity or business reputation
or violates the privacy of other Consumers, Consumer’s clients, or third parties;
violates the rights of juvenile;
is vulgar or obscene, contains profanity, contains pornographic images and texts or scenes of
a sexual nature with the juvenile;
contains the scenes of violence or inhumane treatment of animals;
contains a description of means and methods of suicide, any direct or indirect incitement to
contains the computer codes, the software which are set to breach, destroy or limit the
functionality of any computer or telecommunications equipment or programs, to realize an
illegal access, and also the serial numbers of the commercial software, user names, passwords
and other means for obtaining an unauthorized access to the paid resources on the Internet;
contains a description of, or reference to the software or hardware for contravention of privacy,
illegal collecting of any private, commercial or information;
propagates and/or helps to incitement the racial, religious, ethnic hatred or enmity, propagates
the fascism or the racial superiority ideology;
contains the extremist material;
propagates the criminal activity or contains the advices, instructions or guidelines on the
implementation of criminal acts;
contains the information with the restricted access, including but not limited to, the state
and commercial secrets, the private information about the third parties;
contains advertising or describes the attraction of drug use, information on the distribution
of drugs, psychotropic substances, potent medicines, their recipes and advice on their taking;
has a roguish nature; distorts the objective data about the character, quality, features, price,
terms of purchase of goods, works and services; is an unfair advertising;
and also violates citizens’ and legal persons’ rights and interests or the requirements of
Ukrainian and international law.
6. Privacy, personal data and information security
By signing this Contract the Parties confirm and warrant that any personal information about any
individuals (including the Consumer as an individual, his/her directors, employees, members of
management, etc.) that were or will be transferred to another party in connection with or while
executing this Contract, were received or are in use legally in accordance with the current
legislation of Ukraine.
The Parties assure and guarantee that they have the necessary legal basis: for the transfer of
above mentioned personal data to another party under the Contract for their further processing to
execute this Contract without any limitation as to time and manner, including their use and
dissemination, alteration, transfer or granting access to the third parties in cases, mentioned in
the current legislation of Ukraine; also for transferring the personal data to another party for
processing by the third parties and realization of any other actions against them, if it is connected
with the executing of this Contract and/or the protection of the Party’s rights under this Contract,
or if it is necessary for the realization of the rights and duties according to the law. The right of
Sides to transfer the abovementioned personal data is not limited and does not violate the personal
The Parties undertake to ensure fulfilling the requirements of the Law of Ukraine "On Protection of
Personal Data» № 2297-VI from 01.06.2010., including the protection of personal data from the unlawful
processing and access. The Provider protects the personal data of the Consumer sensibly, conscientiously
and with using the existing technical capabilities.
The provider guarantees that will not distribute the Consumer’s personal data and will not delegate
it to the third parties, otherwise than in the manner and in accordance with the Law.
When placing the personal data on Site or in the Apps or transferring personal data to the Consumer
by the Consumer’s Client in the other way in connection with this Contract, the Consumer’s Client
consents to the processing and storage of personal data on the Consumer’s rights, set by this Contract.
So the corresponding checkbox on the Site or in the Apps should be marked.
7. Intellectual property rights
All items on the Site, Apps, including the design elements, text, graphics, illustrations, video,
software, music, sound, and other objects and their collection and compilation (hereinafter called
Content) are the objects of the Provider’s exclusive rights, and all the rights of these objects are
reserved. All objects (Content), located on the Sites, Apps, are protected by the laws of Ukraine on
copyright and also by the instruments of international law.
The Consumer gives the Provider a non-exceptional right to use Content hosted on Sites, Apps, that
includes especially (but not exceptionally), photographs, graphics, images, audio, video, text,
descriptions, specifications of goods and services, logos, trademarks marks, names, brands. But
it can go beyond the simple usage, as the Content may copied, performed to public, reproduced,
processed, translated and distributed for the purposes of the Contract or in connection with them,
including the promotion of the Sites, Apps and provided services, creation of the derivative goods
or implementation of the content as a part in other works, collections, compilations, databases,
etc. and their distribution.
Except the cases set by this Contract, and the laws of Ukraine, the content can not be copied
(reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred,
sold or otherwise used in whole or in part without the prior permission of the owner, unless the
holder explicitly expressed the agreement for the free use of the Content in any way.
8. Force majeure
Should any force majeure circumstances arise the Parties are relieved of responsibility for partial
or complete non-fulfilment of their obligations under the present Contract, namely: war and military
action, fire, floods, other natural disasters, strikes and riots, actions and decisions of public
authorities and any other circumstances that do not depend on the will of the parties. Force majeure
circumstances and impossibility of fulfilling obligations under the Contract is evidenced by a document
issued by the Chamber of Commerce and Industry of Ukraine.
The party, that can not fulfil its obligations under this Contract because of the force majeure
circumstances, should immediately and not later than three days, notify the other party about it
and, upon the request, within 10 working days give the other side the document that confirms the
influence of these force majeure circumstances.
9. Final Provisions
This Contract is concluded for an indefinite period. The Contract is drawn up in accordance with the
current legislation of Ukraine, in particular Articles 633, 634, 638, 639, 901-907 of the CC of Ukraine.
The time of conclusion of the contract (Consumer accession to the Agreement) pursuant to st.st.640-642
is the evens, which is the first and which indicates the full and unconditional acceptance of the
Consumer proposal to conclude this agreement on either of the conditions:
payment (complete or partial or advance) services under this Agreement;
register as a user on the site
and/or through additional and/or other established providers.
The Consumer and the Consumer’s clients confirm their consent to the terms of this Agreement,
including the transmission, processing and storage of personal data.
Amendments to this Agreement are carried unilaterally by changing the text and its publication on
the Site. Amendments are deemed to take effect within two weeks after their publication. Changes in
terms of services, services that do not require changes or adding to the Contract and shall be made
as prescribed in Article 2 of the Contract.
This Agreement is made in Ukrainian and can be submitted for review to the consumer in another language.
In the event of discrepancies between the Ukrainian version of the Contract and the other language
versions, the provisions of the Ukrainian version of the Contract shall prevail.
If for any reason one or more provisions of this Contract are invalid or void, this does shall not
affect the validity or applicability of other provisions.