Agreement on transfer of property rights and provision of advertising services
AGREEMENT ON THE TRANSFER (ALIENATION) OF PROPERTY RIGHTS
ed. 04.10.2020
LIMITED LIABILITY COMPANY "COMPANY "INNOVATIONS AND STABILITY", represented by Director Iryna Pavlivna Kornienko, acting on the basis of the Articles of Association (hereinafter - the Purchaser), on the one hand and
A citizen (hereinafter referred to as the Alienator) or a business entity that owns exclusive property rights to the Work, on the other hand, collectively referred to as the Parties, have entered into this agreement (hereinafter referred to as the Agreement) on the transfer (alienation) of property rights to Composition.
This Agreement, in accordance with Article 634 of the Civil Code of Ukraine, is recognized as an offer. Acceptance of the terms (acceptance) of this offer of the Agreement is the use of the Website https://instaco.com.ua and the transfer of the Work by the Transferor to info@instaco.com.ua. This Agreement, concluded by acceptance of the offer, expressed in the actions of the Transferor regarding the use of the https://instaco.com.ua website and the transfer of the Work to info@instaco.com.ua, does not require bilateral signature and is valid in electronic form.
1. DEFINITION OF TERMS
The terms used in this Agreement shall mean:
alienator - a person who, on the basis of a contract, transfers his property rights to another person, after which this person becomes the subject of copyright;
acquirer – a person who, on the basis of a contract, acquires property rights and becomes the subject of copyright;
full transfer of rights - transfer of property rights to the work established by Article 440 of the Civil Code of Ukraine, part one of Article 15 of the Law of Ukraine "On Copyright and Related Rights", without restrictions on the ways of using the work specified in Article 441 of this Code, part three of Article 15 of this of the Law;
partial transfer of rights – transfer of rights, in which the contract on the transfer of property rights to a work restricts the ways of its use, defined in Article 441 of the Civil Code of Ukraine, part three of Article 15 of the Law.
A work is a template of any document prepared by the author in the form of text, a table, the formatting chosen by him, etc. in electronic form, which, subject to its signing, may have legal consequences, and property rights to which belong to the Alienator
The rest of the terms used in the Agreement are defined in accordance with the norms of the current legislation of Ukraine.
2. SUBJECT OF THE AGREEMENT
2.1. The transferor fully transfers (alienates) to the Purchaser the property rights to the work (hereinafter - the "Work") for the entire term of the copyright, for the entire territory of the world, namely:
- the right to use the Work;
- the exclusive right to allow the use of the Work;
- the right to prevent illegal use of the Work, including prohibiting such use.
- other property rights to the Work established by Article 440 of the Civil Code of Ukraine, part one of Article 15 of the Law of Ukraine "On Copyright and Related Rights", without restrictions on the ways of using the work specified in Article 441 of this Civil Code of Ukraine, part three of Article 15 of the Law of Ukraine "About copyright and related rights";
2.2 The Purchaser accepts such property rights and undertakes to pay them in accordance with the terms of this Agreement.
2.3. As a result of the transfer-acceptance of property rights, the Alienator loses any property rights, and the Purchaser receives the right:
2.3.1. To use the Work in the ways provided by the Civil Code of Ukraine, the Law of Ukraine "On Copyright and Related Rights".
2.3.2. To allow third parties to use the Work in the ways provided by the Civil Code of Ukraine, the Law of Ukraine "On Copyright and Related Rights"; prevent illegal use of the Work, including prohibiting such use.
2.3.3. To transfer (alienate) fully or partially the rights to the Work to third parties.
2.4. After signing this Agreement, the Alienator has no right to transfer (alienate) property rights to the Work, as well as transfer the rights to use the Work to third parties.
3. TRANSFER OF THE WORK
3.1. The Transfer of the Work by the Transferor to the Purchaser is carried out by sending it to the Purchaser's e-mail address specified in section 9 of this Agreement.
3.2. At the time of handing over the Work to the Purchaser, the Alienator guarantees that:
- only he has exclusive property rights to the Work;
- The work is not an official work and/or created in co-authorship;
- property rights to the Work have not been fully or partially transferred (alienated) to third parties;
- property rights to the Work (in whole or in part) are not subject to pledge, litigation or claims by third parties.
4. PAYMENT OF REWARDS
4.1. For the acquisition of property rights to the Work, the Purchaser pays the Alienator a fee in the form of a royalty in the amount of 70% of the value of the sold licenses for the use of the Works (document templates) at the first request of the Alienator.
4.2. Payment of the reward is carried out in non-cash form, by transferring funds to the current account of the Alienator, within 2 working days from the date of receipt of the relevant application of the Alienator in electronic form (e-mail letter).
5. LIABILITY OF THE CONTRACT PARTIES
5.1. The Party that did not fulfill or improperly fulfilled its obligations under this Agreement must compensate the other Party for the damages caused in full.
5.2. In case of transfer (alienation) of property rights to the Work or transfer of rights to use the Work by the Alienator to third parties, the Alienator shall pay a fine of 50,000 hryvnias and shall compensate all direct losses and lost profits caused by such violation.
5.3. In case of transfer (alienation) of property rights to the Work or transfer of rights to use the Work by the Alienator to a Work that is not the work of the Author, or violates the personal non-property or property rights of third parties, the Alienator shall pay a fine of 50,000 hryvnias and shall reimburse all direct damages and lost profits caused by such breach.
5.4. In case of violation of the settlement term specified in clause 4.2 of this Agreement, the Purchaser shall pay to the Transferor a penalty in the amount of double the accounting rate of the NBU for each day of delay.
6. RESOLUTION OF DISPUTES
6.1. The parties undertake to resolve any dispute through negotiations and out of court.
6.2. If it is impossible to resolve the dispute through negotiations and in a pre-trial procedure, the dispute may be referred for resolution in court.
7. FORCE MAJEURE CIRCUMSTANCES
7.1. The parties are not responsible for non-fulfillment or improper fulfillment of the terms of the Agreement under conditions of force majeure.
7.2. Upon completion of such circumstances, the Party that has not fulfilled its obligations under the Agreement must fulfill them within the terms for which the fulfillment of obligations was suspended.
7.3. The Party does not have the right to refer to force majeure circumstances in the event that they began at the time of its delay in fulfilling its obligations under the Agreement.
8. OTHER TERMS
8.1. The Agreement enters into force from the moment of its signing by the Parties.
8.2. The provisions of the Agreement regarding the payment of remuneration are confidential information, which neither Party has the right to disclose without the prior consent of the other Party, except in cases provided for by law.
8.3. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by the Parties.
8.4. The Parties are governed by the current legislation of Ukraine on all matters not provided for in this Agreement.
8.5. The Agreement is concluded in two copies, which have the same legal force, one for each of the Parties.
9. ADDITIONAL SERVICES OF THE BUYER
9.1. Under the condition of placing a corresponding announcement on www.instaco.com.ua, the Purchaser may provide the Transferor with the services described in such announcement, for example, dissemination of information, advertising and marketing services, etc.
9.2. The transferor orders such services by following the instructions. specified in the relevant announcement and payment of the Tariff chosen by him.
9.3. Unless otherwise stated in the announcement or agreed between the Transferor and the Purchaser, the Transferor provides such services within 1 calendar month from the date of payment by the Transferor of the relevant tariff and the provision of all necessary information to the Purchaser, depending on which of the events occurred later.
LOCATION AND DETAILS OF THE PARTIES:
Purchaser:
LIMITED LIABILITY COMPANY "COMPANY "INNOVATION AND STABILITY"
EDRPOU code 42000872
Legal address: 70504, Zaporizhzhya region, Orihiv district, Orihiv city, POKROVSKA STREET, building 109
Actual address: 70504, Zaporizhzhya region, Orihiv district, Orihiv city, POKROVSKA STREET, building 109
Phone: 380502684169
E. e-mail: INFO@INSTACO.COM.UA
Bank: ZAP RU PJSC CB "Privatbank" in Zaporizhzhia
MFI 313399
The account number is 26007055743943
general income tax payer
Director
Iryna Pavlivna Kornienko