1. Preamble

1.1 THE PUBLIC ORGANIZATION “INSTITUTE FOR REAL ESTATE MARKET DEVELOPMENT OF UKRAINE “PLEKTAN”, identification code 45191388, Ukraine, Kharkiv region, 61051, city of Kharkiv, Klochkivska Street, 276-B, apartment 118, (hereinafter - the NGO), in accordance with Articles 633, 641, 644 of the Civil Code of Ukraine makes a public offer (hereinafter - the Agreement) to any individual or legal entity (hereinafter - the Associated Member) to conclude a Contract for the provision of access to online services of the “PLEKTAN” system and other related services (hereinafter - the Agreement).

1.2. Hereinafter in the text of this Agreement - the NGO and the Associated Member, when used separately - the Party, and together - the Parties.

1.3. This Agreement is a public contract for accession and regulates the procedure for acquiring the status of an Associated Member, the scope of rights and obligations. It also regulates relations with any user visiting the site https://plektan.org. Payment of the Membership Package indicates the accession of the Associated Member to this Agreement. The Associated Member fully confirms their agreement with the conditions listed below. If the Associated Member does not agree with any provision of this Agreement, they must immediately cease their visit and any use of the website https://plektan.org and terminate the status of an Associated Member.

1.4. According to Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance (acquiescence) of the Agreement is any actions regarding the use of the website https://plektan.org.

2. Terms and Definitions

PLEKTAN System — an online service hosted on the site https://plektan.com/, which provides Associated Members who have purchased the appropriate Membership Package with the opportunity for automatic placement of their advertisements on various platforms that publish ads for the sale/rental of real estate. The PLEKTAN System is intellectual property, the legal protection of which is established by the Civil Code of Ukraine and current international treaties of Ukraine. The NGO guarantees that it has the rights necessary to fulfill this Agreement. Services — elements of the software and information infrastructure of the System that represent an information and management system (IMS) aimed at automating informational, technological, and business processes. Services operate in the mode of the Associated Member-server (cloud technologies) within the unified PLEKTAN system.

Main account — an account generated by the NGO for access of the Associated Member to the Services, for the purpose of their basic configuration and the formation of accounts for end Associated Members.

Providing access to Services — providing the Associated Member and its end users the ability to work with a specific set of Services.

Settlement period — a period equal to one calendar month.

Data of the Associated Member — output data entered by end Associated Members/Associated Member during their work with the PLEKTAN system as well as imported at the initiative and knowledge of the Associated Member. Such data includes: personal data of end users of the Associated Member, personal data of its Associated Members, advertisement data, media content, and other data.

E-mail — the electronic mailbox address specified in the details of the Associated Member or NGO.

NGO Site — the internet resource with the address https://plektan.org

Associated Member — is an official member of the NGO who has paid for any Membership Package. They have the right to be present at the general meetings of members, where they can express their opinion and make proposals on the agenda topic. The Associated Member is obliged to pay membership dues according to the chosen Membership Package. However, when issues are put to a vote, the Associated Member does not have the right to vote. The membership of the Associated Member may be terminated in case of non-payment of membership dues for a period of one calendar month.

Membership Package — is a specially developed set of tools that provides Associated Members the opportunity to expand their professional capabilities through participation in advocacy programs, access to exclusive offers from partners, and legal consultations. The package may also include additional access to the PLEKTAN System, which promotes business development and increases operational efficiency. The range of tools and opportunities depends on the chosen Membership Package. The Associated Member agrees that the amount of the membership fee may be changed by the NGO's management. The Associated Member who uses the PLEKTAN System is obliged to comply with the conditions of the Agreement, posted at the link https://plektan.com/uk/agreement. The Associated Member confirms that they are familiar with the terms of the Agreement, published at the link: https://plektan.com/uk/agreement, and accepts them. A full description of Membership Packages can be found at the link: https://plektan.org/membership-packages

3. Subject of the Agreement

3.1. The subject of this Agreement is the procedure for using the NGO's website and acquiring the status of Associated Member of the NGO.

3.2 The Associated Members of the NGO may be citizens of Ukraine, foreigners, and stateless persons who are in Ukraine on legal grounds, who have reached the age of 14 and who recognize the NGO Statute and contribute to activities aimed at achieving the goals and tasks of the NGO, and have purchased any Membership Package.

3.3 Admission to Associated Members of the NGO is carried out based on the simultaneous fulfillment of three conditions:
-  A written application to the Chairman of the Board of the Public Organization submitted through the form at the link https://plektan.org/membership-packages#button;
-  Passing identification through the “Diiia” service or in another way determined by the Board of the NGO;
-  Payment of the membership fee by the Associated Member according to the chosen Membership Package.

4. Rights and Obligations

4.1. Rights of the Associated Member of the NGO:

4.1.1. Right to participate: To participate in the general meetings of the NGO and express their opinion on the issues discussed.

4.1.2. Right to information: To receive information about its activities, financial status, and plans for the future from the NGO.

4.1.3. Right to express opinion: To express their proposals regarding the activities of the Organization.

4.1.4. Right to support: To receive support and consultations from members of the NGO within the framework of the organization's activities.

4.1.5. Right to access resources: To use resources and services provided by the NGO according to the chosen Membership Package.

4.2. Obligations of the Associated Member of the NGO:

4.2.1. Compliance with the statute: To comply with the rules and provisions of the NGO statute.

4.2.2. Payment of membership fees: To pay membership fees on time according to the chosen Membership Package.

4.2.3. Participation in activities: To actively participate in events and programs of the NGO, contributing to its development.

4.2.4. Execution of decisions: To perform decisions made by the governing bodies of the organization.

4.2.5. Duty to inform: To inform the organization of changes in their contact details and other important information.

5. Rights and Obligations of the NGO

5.1. Rights of the public NGO regarding members:

5.1.1. Right to compliance with the statute: The NGO has the right to demand that its Associated Members comply with the provisions of the statute and internal regulations.

5.1.2. Right to receive contributions: The NGO has the right to receive membership dues within the specified deadlines and according to the chosen Membership Package.

5.1.3. Right to control: The NGO has the right to exercise control over the activities of its Associated Members to ensure the fulfillment of their established obligations, within the limits that do not contradict the legislation.

5.1.4. Right to receive information: The NGO has the right to receive from the Associated Members current information necessary for its activities, such as changes in contact details.

5.1.5. Right to conduct training and professional development: The NGO may organize events for training and developing its members.

5.2. Obligations of the NGO regarding members:

5.2.1. Information: The NGO is obliged to regularly inform the Associated Members about its activities, plans, and results, as well as about important changes that may concern them.

5.2.2. Ensure support: The NGO must provide Associated Members with support and resources necessary for fulfilling their obligations within the NGO according to the chosen Membership Package.

5.2.3. Representation of interests: The NGO is obliged to protect and represent the interests of its Associated Members in the relevant authorities and other institutions within the chosen Membership Package.

5.2.4. Ensuring access to resources: The NGO must provide members with access to resources and services offered under membership within the chosen Membership Package.

5.2.5. Creating a favorable environment: The NGO must create conditions for the active participation of its Associated Members in the NGO's activities and promote their development.

6. Payment for the Membership Package. Refund policy.

6.1. Cost of the Membership Package is determined according to the selected package at the link: https://plektan.org/membership-packages

6.2. Payment procedure. At the beginning of each settlement period, the NGO issues an invoice to the Associated Member for the payment of the Membership Package for the current period by sending the document to the Associated Member's E-mail and to the billing service of the PLEKTAN system. Based on the received invoice, the Associated Member makes the payment for the current settlement period in the amount of 100% of the service cost. Payment must be made within 5 (five) banking days from the receipt of the invoice. After this period, the payment is considered overdue.

6.3. Overdue payments. For overdue payments, a penalty may be charged in the amount of double the NBU's accounting rate on the unpaid amount until it is fully paid off. The Associated Member is responsible for all reasonable costs (including payments for lawyer and attorney services) incurred by the NGO as a result of collecting overdue sums. Exceptions are cases where payments are delayed due to the fault of the NGO. A payment overdue for more than 30 (thirty) calendar days is considered a significant breach of this Agreement and leads to an automatic suspension of accounts and exclusion of the Associated Member from the NGO. The blocking lasts until full payment is made.

6.4. Refund Policy.
The Associated Member may request a refund in accordance with the conditions and deadlines specified below. Refunds are possible in the following cases: If access to the set of tools according to the chosen Membership Package was not provided. In other cases, refunds are not provided.
To process a refund, an email should be sent to admin@plektan.com with a request for a refund and specifying the banking details of the Associated Member. Refunds will be made within 5 working days to the details provided by the Associated Member.

7. Technical Support

Services provided by the NGO. The Associated Member may contact the NGO support service. The NGO accepts requests only from phone numbers or E-mails of Associated Members specified in the personal accounts of these Associated Members. Support is provided exclusively for issues related to the Services and during working hours, specified on the main page of the PLEKTAN system.

8. Blocking

8.1. Blocking accounts of end Associated Members. If the NGO receives information that this Agreement has been violated by a specific employee of the Associated Member, its representative, affiliated person, or another end user, the NGO has the right to request the Associated Member to block the account of the end Associated Member. The NGO has the right to independently block such an account if the Associated Member fails to comply with this request. The account will be blocked until the reason for its blocking is eliminated.

8.2. Violation of information security. Notwithstanding the conditions described in paragraph 8.1 of this Agreement, in case of a violation of information security through a user account, the NGO has the right to automatically block the account of the violator. The NGO will make every effort to minimize the downtime of the violator's account to prevent or mitigate the violation of information security. If the blocking of the end Associated Member's account occurs for any reason without prior notice to the Associated Member, the NGO is obliged, at the request of the Associated Member, to inform them of the reason for the blocking as soon as possible.

9. Confidentiality

9.1. Obligations. Each Party undertakes to protect the confidential information of the other Party, not to disclose confidential information to anyone except: affiliated persons, employees, and agents who need it to fulfill their obligations and who have signed the necessary internal non-disclosure documents. Each Party (including affiliated persons, employees, and agents to whom confidential information has been disclosed) has the right to use confidential information only to protect its rights and fulfill its obligations under this Agreement, ensuring necessary protection of this information. Each Party is responsible for any actions of its affiliated persons, employees, and agents regarding violations of the provisions of this section.

9.2. Exceptions. Confidential information does not include information that: a) became known to the recipient before it became known to the other Party; b) becomes publicly available not through the fault of the recipient; c) became known to the recipient by other means; d) was lawfully transferred to the recipient by a third party.

9.3. Disclosure of information in accordance with legislation. Each Party may disclose the confidential information of the other Party in cases provided by law, provided that it makes all economically reasonable efforts to inform the other Party and allows the other Party to challenge the order for disclosure of the confidential information.

10. Protection of Intellectual Property

10.1. Rights to intellectual property objects. This Agreement, except for the explicitly enumerated cases here, does not grant any of the Parties any warranties, indirect or other rights to the content or intellectual property of the other Party. The Parties agree that the Associated Member owns all Rights to intellectual property objects regarding their data, while the NGO owns the Rights to intellectual property objects regarding the Services.

10.2. Publicity. The Associated Member allows the NGO to include the name of the Associated Member and its trademarks in the list of Associated Members of the NGO, internet publications, and other promotional materials. The Associated Member also grants the NGO the right to refer to the Associated Member as a member of the NGO.

11. Responsibility of the Parties

11.1. Responsibility of the Parties. The liable Party is responsible for damages incurred by the other Party for violations of obligations relating to confidentiality and rights to intellectual property.

11.2. Limitation of liability. The NGO is not liable:
a) for the content of information, data, and materials published by the Associated Member and its end users in the Services;
b) for the leakage of data of the Associated Member (including confidential information) and malfunction of the Services in case of the presence of third-party software installed on the equipment of the end user of the Associated Member (including viruses, worms, Trojans, browser extensions, etc.) that caused such data leakage or disruption of the functioning of the PLEKTAN system;

11.3. Limitation of indirect liability. UNDER THIS AGREEMENT, NO PARTY WILL BE LIABLE FOR LOSS OF PROFITS OR OTHER CONSEQUENTIAL DAMAGES (INDIRECT DAMAGES) EVEN IF IT WAS PREVIOUSLY KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES OR IF DIRECT DAMAGES WERE NOT FULLY COVERED.

11.4. Limitation of liability amount. UNDER THIS AGREEMENT, THE AMOUNT OF LIABILITY OF ANY PARTY CANNOT EXCEED THE AMOUNT THAT THE ASSOCIATED MEMBER IS OBLIGED TO PAY TO THE NGO UNDER THIS AGREEMENT FOR THE LAST THREE MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT THAT CAUSED THE LIABILITY.

12. Cookie

12.1. Cookie. The technology used for the operation of the Services requires the use of cookies. During operation in the browsers of end Associated Members, one or more cookies are sent. Cookies are used to ensure the necessary functionality of the Services, improve the convenience of the services provided, for example, to save the settings of the Associated Member, allowing them to log in and comfortably use the services of the Associated Member's site, etc.

13. Term of Action

13.1. Term of the Agreement. This Agreement comes into effect at the moment the Associated Member accepts the Agreement in accordance with paragraphs 1.3 and 1.4 of this Agreement and is valid indefinitely.

14. Early Termination of the Agreement

14.1. Conditions for early termination of the Agreement. Each Party may fully terminate or suspend this Agreement in any of the following cases:
a) the other Party committed a material breach of the terms of this Agreement and did not remedy this breach within 30 calendar days from the receipt of the written notice;
b) the other Party committed three or more material breaches of this Agreement regardless of their remediation;
c) unilaterally without explanation of reasons by notifying the other Party 30 calendar days in advance. The termination of this Agreement is formalized by the initiating Party in writing and sent to the E-mail of the opposite Party. This Agreement is considered terminated 30 calendar days from the day the initiating Party sends the termination notice.

14.2. Consequences of termination of this Agreement. In case of termination of this Agreement for any reason:
a) all rights granted by one Party to the other Party cease immediately;
b) the NGO provides the Associated Member with the opportunity to export the data of the Associated Member within 10 (ten) calendar days from the termination date; c) after this period, the NGO deletes the data of the Associated Member, overwriting them with other data over time;
d) based on the relevant written notices, each Party shall make economically reasonable efforts to promptly return or destroy the confidential information of the other Party.

15. Additional Conditions

15.1. Force Majeure. Parties are released from liability for full or partial non-performance or improper performance of obligations under this Agreement if it occurred due to the action of force majeure circumstances. For the purposes of this Agreement, force majeure circumstances should be understood as any external circumstances (of the Parties) that arose without the fault of the Parties, beyond their will or contrary to the will or desire of the Parties, and which could not be foreseen or avoided, including natural disasters (earthquakes, floods, hurricanes, destruction caused by lightning, etc.), man-made and anthropogenic disasters (explosions, fires, breakdowns of machines, disruptions and violations in communication lines, etc.), circumstances of social life (military actions, civil unrest, epidemics, strikes, boycotts, etc.), as well as the issuance of acts by public authorities or local self-government, other legal or illegal prohibitive measures of the said authorities that make it impossible for the Parties to fulfill their obligations under this Agreement or impede such fulfillment. Force majeure automatically extends the term for fulfilling obligations for the entire period of its effect and the elimination of its consequences. The fact of occurrence and cessation of the action of irresistible force is confirmed by the Chamber of Commerce and Industry of Ukraine.

15.2. Correspondence. All statements, letters, invoices, acts of acceptance of services, notifications, and other documents must be sent in writing either electronically or on paper to the addresses specified in the details. Copies of invoices for payment and acceptance of services sent and received through the billing service of the PLEKTAN system or via E-mail, whose addresses are indicated in the details - are equated to originals. In this case, the notice is considered transmitted in any of the following cases: a) upon providing written confirmation of receipt when sent by courier or courier service; b) upon receipt if the message was sent by mail without the possibility of confirmation or acknowledgment of receipt; c) upon providing confirmation of receipt by fax (in the presence of an automatic record of receipt); d) by E-mail (with an entry in electronic logs).

15.3. Transfer of rights. Neither Party may assign or otherwise transfer rights regarding any part of this Agreement without the written consent of the other Party, except for assignment to an affiliated person, but only if:
a) the successor confirms in writing their agreement to assume obligations under this Agreement;
b) the assigning party continues to bear responsibility for obligations under this Agreement until the moment of assignment. Any other attempts to transfer rights are without legal effect.

15.4. Independence of provisions. If one of the provisions of this Agreement is found to be invalid, the remaining parts of the Agreement maintain full efficacy.

15.5. Completeness of the Agreement. This Agreement, all documents referenced herein, as well as the conditions posted on the NGO site, the links to which are contained in this Agreement, form an integral part of it, representing the entire volume of agreements between the Parties on this matter and replacing any previous and associated agreements between the Parties on this matter.

15.6. Interpretation of disputed provisions. If inconsistencies are discovered between the documents constituting this Agreement, the priority of the requirements for fulfilling the conditions of these documents should be as follows: the Agreement, then the documents referenced by this Agreement.

15.7. Disputes and differences. All disputes and differences arising in the course of execution of this Agreement should be resolved through negotiations between the Parties. The Parties establish a mandatory pre-trial form for dispute resolution through the submission of claims in the manner prescribed by the Commercial Procedural Code of Ukraine. In case of impossibility to resolve through negotiations, disputes are settled in court in accordance with current legislation of Ukraine.

15.8. Changes in conditions. The NGO may introduce changes to the terms of the Agreement and/or withdraw the Agreement at any time at its discretion. In case of changes made by the NGO to the Agreement, such changes come into force from the moment the modified text of the Agreement is published on the NGO Site, unless another term for the entry into force of changes is specified additionally when such publication occurs.

15.9. Personal data. The Associated Member gives permission for the processing of personal data of End Associated Members/Associated Member (as well as their own, if they are a natural person) by the NGO for the purpose of fulfilling the terms of this Agreement, the possibility of conducting mutual settlements, as well as for receiving invoices and other documents. The permission for personal data processing is valid throughout the term of this Agreement, as well as the five years following its expiration. The destruction of personal data is grounds for the termination of the Agreement and is executed based on a written (paper) application of the Associated Member. In this case, the Agreement is terminated from the date specified in the relevant notice to the NGO. In addition, by entering into this Agreement, the Associated Member confirms that they are informed (without additional notice) about the rights established by the Ukrainian Law "On the Protection of Personal Data", about the purposes of data collection, and that their personal data is transferred to the NGO for the purpose of executing the terms of this Agreement, the possibility of conducting mutual settlements, as well as for receiving invoices and other documents. The Associated Member also agrees that the NGO has the right to provide access to and transfer personal data, within the framework of the Services (exporting advertisements of the Associated Member to portals), to third parties without any additional notifications of the Associated Member, without changing the purpose of personal data processing. The scope of rights of the Associated Member as a personal data subject per the Ukrainian Law "On the Protection of Personal Data" is known and understood by them.