Public Offer Agreement
For Provision of Access Services to the CRM System HomexCRM
1. General Provisions
1.1. This Agreement is a public offer by Klymenko Valentyna, a sole proprietor (hereinafter referred to as the “Service Provider”), operating under the commercial name “HomexCRM”, addressed to any individual, sole proprietor, or legal entity (hereinafter referred to as the “User”) under the terms set forth below.
1.2. In accordance with Articles 638, 641, and 642 of the Civil Code of Ukraine, full and unconditional acceptance of this offer and conclusion of the Agreement occurs through:
· registration of the User on the website https://homexcrm.com;
· payment by the User for the services;
· actual commencement of use of the Service by the User.
1.3. The subject of this Agreement is the provision by the Service Provider to the User of comprehensive access services to HomexCRM in SaaS (software as a service) format. The Service includes:
· authorized access to the system;
· technical support;
· regular feature updates;
· data backup;
· other features depending on the selected pricing plan.
1.4. The User agrees that the Service is provided using infrastructure of third-party hosting providers and data centers. The Service Provider has the right to independently select and replace such providers to ensure proper operation, security, and scalability of the Service.
2. Terms of Use and Security
2.1. To use the Service, the User must complete registration and provide accurate information (name, email, etc.).
2.2. The Service Provider provides the User with unique access credentials (login and password). The User agrees to:
· keep credentials confidential;
· change the password after first login;
· not reuse the same password for other services.
2.3. The User is prohibited from:
· transferring access to third parties;
· copying or modifying the Service;
· bypassing technical restrictions;
· using the Service to provide services to third parties.
2.4. The User is fully responsible for the security of their credentials and all actions performed through the account.
2.5. The User appoints a project administrator responsible for access management.
3. Trial Period and Payment Terms
3.1. Trial period
Each new User receives free access to HomexCRM for 30 calendar days.
3.2. After the trial period
After the trial period ends, access is automatically extended on a paid basis until the last day of the current calendar month. This month is considered the first paid billing period.
3.3. Service delivery and confirmation model
The parties agree that:
· access to the Service constitutes the actual commencement of service provision;
· use or ability to use the Service confirms service delivery;
· issuance of an invoice by the Provider confirms the scope of services provided.
3.4. Primary documents and acts
The parties agree that, in accordance with Ukrainian law, primary accounting documents may be issued by the Service Provider unilaterally.
Service provision may be confirmed by:
· invoice;
· electronic acts (if applicable);
· actual access to the Service;
· payment via payment systems (LiqPay and others).
Signing of an act by the User is not required.
3.5. Payment for services
Payment is made post factum for services provided during the previous calendar month.
3.6. First billing period invoice
The invoice for the first paid month is issued for the full calendar month in which the trial period ended.
Example: if the trial ends on May 10, the invoice for the entire month of May is issued on June 1.
3.7. Payment methods
Payment can be made via:
· payment systems (LiqPay and others);
· bank transfer to IBAN or the Provider’s account, with all bank and transaction fees borne by the User.
3.8. Moment of payment
Payment is considered received:
· for payment systems — upon crediting funds to the Provider’s account;
· for bank transfers — upon receipt of funds in the Provider’s account.
3.9. Acceptance of services
Payment of the invoice by the User constitutes full and unconditional confirmation that:
· services have been properly provided;
· the User has no claims regarding scope, quality, or timing;
· services are fully accepted.
If the User does not provide written justified objections within 5 (five) calendar days from the invoice date, the services are deemed accepted.
3.10. Refunds
Refunds are not provided, as payment confirms service delivery and replaces signing of acceptance acts.
3.11. Access suspension
In case of non-payment by the 3rd day of the following month, the Provider may temporarily suspend access.
Access is restored within 24 hours after payment is received.
4. Service Quality and Liability
4.1. The Service is provided on an “AS IS” basis.
4.2. Payment of the invoice by the User constitutes confirmation of proper service delivery in the relevant scope and absence of justified claims regarding quality at the time of payment.
4.3. The Provider’s liability is limited to the amount of the last paid period if the Service was unavailable for more than 72 consecutive hours.
4.4. The Provider is not responsible for temporary interruptions caused by third parties, including payment systems, internet providers, hosting providers, data centers, or for any loss of profit.
5. Confidentiality and Intellectual Property
5.1. The User is the sole owner of all data (Content).
5.2. The Service Provider owns all intellectual property rights to the HomexCRM software, including source code, database structure, interface, design, functional modules, API, documentation, and other components.
5.2.1. HomexCRM is a proprietary software developed by the Service Provider. All intellectual property rights are protected under Ukrainian law and applicable international intellectual property regulations.
5.2.2. The User is granted a limited, non-exclusive, non-transferable right to use the Service strictly within its functionality and chosen pricing plan during the term of this Agreement.
5.2.3. The User is prohibited, without prior written permission of the Provider, from:
· copying, reproducing, modifying, or altering the software;
· reverse engineering, decompiling, or disassembling the system;
· creating derivative works based on HomexCRM;
· selling, sublicensing, transferring, or granting access to third parties beyond the functionality of this Agreement.
5.2.4. Nothing in this Agreement transfers any intellectual property rights to the User.
5.3. In case of account suspension due to non-payment, data is stored for 30 calendar days for export purposes.
5.4. The Provider complies with Ukrainian personal data protection legislation.
6. Termination
6.1. The Agreement is terminated if payment is overdue for more than 30 calendar days.
6.2. The Provider may suspend or terminate access in case of:
· violation of the Agreement;
· provision of false information;
· other breaches.
6.3. User data is stored for 30 days after termination and may then be deleted.
6.4. The User may export data at any time, including after termination.
7. Technical Support
7.1. The User may contact support via:
· in-app chat;
· email: homexcrm.official@gmail.com
7.2. Support is provided according to the selected plan and includes functional consultations.
8. Final Provisions
8.1. The Agreement enters into force upon acceptance and remains valid until full fulfillment of obligations.
8.2. All disputes are governed by the laws of Ukraine.
8.3. The Provider may amend the Agreement by publishing updates on the website.
9. Personal Data Protection (GDPR / EU Privacy)
9.1. If the User or its clients are located in the European Union, data processing is carried out in accordance with GDPR (Regulation (EU) 2016/679).
9.2. Within the Service:
· the User acts as Data Controller;
· the Service Provider acts as Data Processor.
9.3. Detailed processing terms are defined in a separate Data Processing Agreement (DPA), which is an integral part of this Agreement.
9.4. The Provider processes personal data solely for the purpose of providing the Service and in accordance with the User’s instructions.
9.5. The Provider ensures appropriate technical and organizational security measures, including restricted access and confidentiality.
9.6. The User is responsible for:
· legality of data collection;
· obtaining legal basis for processing;
· lawful use of personal data within the Service.
9.7. The Provider assists the User in fulfilling GDPR obligations, including data subject rights.
9.8. In case of a data breach, the Provider notifies the User without undue delay.
9.9. The User agrees that the Provider may engage sub-processors (hosting, infrastructure providers) under DPA terms.
9.10. International data transfers outside the EEA are carried out with appropriate safeguards (including SCCs or equivalent mechanisms).
10. Service Provider Details
Sole Proprietor Klymenko Valentyna
Registered at: 03022, Kyiv, 23/16 Vasylivska Street, flat 8
Tax ID (IPN): 3039501347
IBAN:
UA903052990000026001036241727 (UAH)
UA573052990000026005046236386 (USD)
UA163052990000026000036249980 (EUR)
Email: homexcrm.official@gmail.com