Before using the SYNERGY Partner Platform (hereinafter referred to as the “Partner Platform” or “SYNERGY” or “We”), please read carefully the terms set forth in the Agreement on the Procedure for Access and Use of the SYNERGY Partner Platform (hereinafter referred to as the “Agreement”). SYNERGY, on one hand, guided by the current legislation of Ukraine, enters into Agreement with the User of the platform (You), hereinafter together - the Parties, and each individually - a Party, on the following terms: You must read, agree and accept all the terms and conditions contained in this Agreement in order to be a user of the SYNERGY Partner Platform, ChatBots, all other platform tools and services. Subject to the terms set forth herein, SYNERGY may, in its sole discretion, modify this Agreement at any time by posting a new version on the website. SYNERGY will provide reasonable advance notice of any amendment that includes material changes by posting an updated Agreement on the website.
1.1. Acceptance - full and unconditional, unconditional acceptance by the Platform User of the terms of Public Offer. The moment of Acceptance is considered to be Registration in the Partner Platform ChatBot or any other method provided by SYNERGY, provided that the Platform User provides true and reliable information. 1.2. Platform User (You) is an individual/entrepreneur/legal entity who voluntarily applied to SYNERGY, registered and agrees to the terms, list and procedure of providing services for using the Partner Platform and accepts the terms hereof. 1.3. Subscription is a specific set of rights and responsibilities chosen and paid for by the Platform User for organizing access to the Partner Platform in accordance with the terms hereof. The current terms of subscription are placed in Supplement nr. 2 hereto. 1.4. Partner platform is a form of cooperation between SYNERGY and the Platform Users, which takes place using the website located at the link: https://partner-synergy.com/ and the ChatBot located at the link: https://t.me/SYNERGYMastersBot. 1.5. Rules and recommendations for using the SYNERGY Partner Platform (hereinafter the “Rules”) - a document regulating relations between the Parties regarding the correct use of the Partner Platform (Supplement nr. 1 hereto).
2. SUBJECT OF THE AGREEMENT
2.1. SYNERGY offers the SYNERGY Partner Platform as a platform for its users to communicate with each other to resolve issues related to the selection of developers and the projects on outstaff, outsource and cost+ terms; provides an opportunity to directly receive incoming projects and available developers according to parameters independently specified by the Platform User in the ChatBot, and/or through other sources related to the Platform use. 2.2. The Platform User agrees to provide truthful information during profile registration, not to transfer the profile to the third parties. In case of data changes, clarify them on the Partner Platform. Everyone who plans to use the service undertakes to register and create a personal profile in the ChatBot of the Partner Platform. SYNERGY confirms registration of the Platform User within 24 hours after the Platform User creates a personal profile. 2.3. After creating a Platform User profile and confirming registration, the Platform User selects and pays for the Subscription. Service always plans to have one free Subscription option with basic minimum capabilities for the Platform User. 2.4. SYNERGY enables Platform Users to receive offers on available IT projects and developers and independently conclude agreements and contracts with each other. SYNERGY is not a party to such Agreements. 2.5. Users of the platform agree to and are responsible in accordance with the Rules specified in this Agreement and for: ● reliability of information and content provided; ● compliance with the legislation of Ukraine and norms of international laws; ● independent verification of the data provided by other Platform Users; ● responsibility for contracts concluded with other Platform Users; ● maintaining the relevance of sent IT requests and availability of posted IT specialists; ● placing only own resources and applications; ● prompt responses to requests (ASAP); ● formulating requests according to the main criteria (data that allow to quickly make a decision about the need for an IT specialist placed by you); ● respect and saving partners’ time; ● failure to attract employees and clients to each other as a result of interaction on the platform; ● timely payment of the partner fee, if agreed and worked out, without reminders. 2.6. SYNERGY bears no responsibility for the obligations assumed by the Platform Users, the agreements concluded between the Platform Users, or the actions performed by the Platform Users platform during communication with each other.
3. PARTICIPATION IN THE PLATFORM
3.1. After the Platform User has chosen and paid for the subscription, he can independently host and receive available projects and developers using the capabilities provided by SYNERGY. 3.2. The Platform User independently decides which of the presented IT projects or developers to conduct further communication with other users of the platform who provided this information. 3.3 The Platform User undertakes not to communicate directly with developers and/or clients of IT projects without the express consent of another Platform User who posted information about these developers or IT projects. The Platform User undertakes not to specifically search for and specify the contact information of developers and/or clients using other communication channels, search engines or social networks. 3.4. The Platform Users who host available developers and/or IT projects must independently ensure that the posted information does not contain direct contacts or links to them.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Platform User has the right to: 4.1.1. Use the Services within the scope of the selected Subscription and in accordance with the Rules. 4.1.2. Receive necessary and reliable information about the Partner Platform. 4.1.3. Contact SYNERGY with suggestions for improving the process of providing the Services. 4.1.4. Use additional features of the Partner Platform in accordance with the selected Subscription. 4.1.5. In case of any issues, contact the representatives of the Partner Platform.
4.2. The Platform User undertakes to: 4.2.1. To fulfil the provisions of this Agreement in good faith and properly. 4.2.2. Ensure necessary document exchange with SYNERGY. 4.2.3. Allow to use the Services only by those persons who have agreed upon registration, unless otherwise expressly provided by the provisions hereof. 4.2.4. Provide correct data during cooperation with SYNERGY. In case of data changes, the Platform User is obliged to notify SYNERGY about this within 10 working days from the moment of such changes. 4.2.5. Adhere to and faithfully execute the Rules. 4.2.6. The user of the platform declares and guarantees that he (i) does not have any agreements, relationships or obligations with any other person or entity that are inconsistent with the provisions of this Agreement; (ii) has obtained and will maintain all licenses and permits necessary to perform the Services; (iii) none of the Services, Designs, Intellectual Property, or any output transmitted, infringe (and will not infringe in future) any copyright, trade mark, service mark, or other intellectual property right; or any other rights.
4.3. SYNERGY has the right to: 4.3.1. Require the Platform User to comply with the terms of this Agreement. 4.3.2. At its sole discretion, change this Agreement at any time by posting a new version on the website. SYNERGY will provide reasonable advance notice of any amendment that includes a material change by posting the updated Agreement and a notice on the website. 4.3.3. Implement additional opportunities in using the Partner Platform through the Subscription terms and special offers defined on the Partner Platform website.
4.4. SYNERGY undertakes to: 4.4.1. Provide the Platform User with the opportunity to receive Services in accordance with this Agreement. 4.4.2. Provide the Platform User with the opportunity to receive information on the Services provision. 4.4.3. Follow up on appeals from Platform Users regarding compliance with the rules of use of this Partner Platform by the Platform Users. 4.4.4. SYNERGY provides stable operation of the functionality and access to the agreed resources included in the Subscription platform selected and paid for by the User and for monitoring the implementation of the Platform Rules.
5. TOOLS AND MECHANISM OF INTERACTION ON THE PLATFORM
5.1. The Platform Partner includes: ● ChatBot for receiving and posting available developers and IT requests; ● Dashboard with available developers; Individual Partner chat; ● Aggregator of current IT requests from specialized IT chats and IT platforms; ● other platform tools and services.
5.2. After registration confirmation, the Platform User receives access to the platform elements corresponding to the selected Subscription. 5.3. Using the ChatBot, the Platform User receives sorted and promoted IT requests from other users and from the aggregator of current IT requests from profiled IT chats and IT platforms, sorted and promoted according to those competencies. For each received IT request, the Platform User can contact another Platform User or the owner of the request who posted this information to discuss further interaction in the ChatBot or profiled IT chats and IT platforms. 5.4. For Platform Users who post their IT requests, a freelance developer dashboard is available, where you can view relevant professionals and contact the Platform User who posted the developers. 5.5. You can also place available or free developers on the dashboard to receive relevant projects for them using the ChatBot of the Partner Platform. 5.6. Each Platform User undertakes to update information regarding posted IT requests and developers. For this purpose, the Platform User indicates the date until which his IT request is valid, or the developer, if necessary, updates this date on his own. 5.7. After the Platform Users have decided to cooperate, they independently draw up necessary documents. SYNERGY is not a party to the agreement and does not conduct arbitration. 5.8. Payments based on mutually concluded agreements are carried out independently by Platform Users outside the Partner Platform on mutually agreed terms. 5.9. The Platform User can leave feedback about the interaction with another Platform User and the results obtained, as well as make his assessment to another Platform User.
6. CALCULATIONS AND PAYMENT PROCEDURE
6.1. There will always be a form of free use on the Partner Platform. Extended use of the Partner Platform capabilities is possible by choosing a specific Subscription. 6.2. Services are provided on a subscription basis. This means that you must pre-pay for the Services in full (100%) according to the Subscription you have selected. 6.3. Services are billed through a service provider. This means that we do not collect or process your payment information. SYNERGY reserves the right to bill for services from affiliated companies. 6.4. We will only issue a refund if you have been billed twice for the same billing period due to a technical error. To receive a refund, please contact us at moc.ygrenys-rentrap%40troppus within 14 days of the erroneous payment. No other refunds will be made.
7. INTELLECTUAL PROPERTY
7.1. SYNERGY has intellectual property rights to the content available on the Partner Platform. SYNERGY strictly prohibits the copying or distribution of content on the Affiliate Platform without SYNERGY’s consent. 7.2. The Platform Users are responsible for everything that is published or contains links in the ChatBot. Any information provided by the Platform User or the owner of IT requests from profiled IT chats and IT platforms belongs to the respective author or distributors and not to the Partner Platform or SYNERGY.
8.1. SYNERGY shall not be liable, and you agree not to hold SYNERGY liable, for any damages arising out of circumstances beyond SYNERGY’s control and related to: ● using or not being able to use the Partner Platform; ● delay or malfunction of the Partner Platform; ● viruses or other malicious software obtained by accessing or linking to the Partner Platform; ● damage to your hardware device as a result of using the Partner Platform; ● suspension or other actions taken with respect to your account.
9. DISPUTES RESOLUTION
9.1. All disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties. 9.2. If the relevant dispute cannot be resolved through negotiations, it is resolved in a court of law under the established jurisdiction and jurisdiction of such a dispute in accordance with the legislation in force in Ukraine. The dispute is heard in the court at the place of registration of SYNERGY.
10. OTHER PROVISIONS
10.1. Force majeure. The parties hereto shall not be liable for failure to perform or delay in performance of any obligations hereunder for a reasonable period due to accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, insurrections, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, or any other conditions beyond such party’s reasonable control. 10.2. Possibility of concession. The Platform User may not sell, assign or delegate any of its rights or obligations under this Agreement. 10.3. Headings. Headings are used in this Agreement for convenience only and shall not be taken into account in interpreting its content. 10.4. Autonomy of the Agreement provisions. If a court or other body of competent jurisdiction makes a relevant decision, or if both Parties believe that any provision hereof this Agreement or part thereof is invalid or unenforceable, such provision shall be enforced to the maximum extent possible to realize the intentions of the Parties, and the rest of the Agreement remains in full force and effect. 10.5. Supplements. All supplements to the Agreement are an integral part thereof and are incorporated into the Agreement by reference. 10.6. Personal data. The parties to this Agreement, including those who accepted it, consent to the use of their personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” nr. 2297-VI dated 01.06.2010. 10.7. Entry into force of the Agreement. This Agreement is effective from the date of our approval of your Registration Form for participation in the Affiliate Platform and will continue thereafter until terminated as set forth herein. This Agreement enters into force from the date of posting on the SYNERGY website and is valid indefinitely. 10.8. Termination of the Agreement. SYNERGY has the right to terminate the Agreement at any time without prior notice to the Platform User in case of violation by the latter of the terms hereof and other rules. 10.9 SYNERGY is not a party to any service provision agreement between Platform Users. Therefore, Platform User understands and acknowledges that termination of this Agreement (or attempted termination hereof) does not terminate or otherwise affect any Service Agreement.
The last amendment to the Agreement was made on 21.02.2022.