The Public Offer Agreement entered into force: June 11, 2024
The limited liability company “ATLAS HAUS”, represented by director Pavel Frantsevich Nedzvedsky, hereinafter referred to as “ATLAS HAUS” or the “Company”, on the one hand, and any natural person, hereinafter referred to as the “Customer”, on the other hand parties, each collectively referred to as the “Parties” and each individually as a “Party”, have entered into this Public Offer Agreement (hereinafter referred to as the “Agreement” or the “Public Offer”), addressed to an unlimited number of persons, which is an official public offer of the Company, to conclude with any Customer Agreement on the following:
1. PREAMBLE
1.1. Please read this document carefully to understand the rules for receiving Services from the Company.
1.2. References to the words “you” or “your” (or words close in meaning) mean the Customer depending on the context of the Public Offer.
1.3. References to the words “we”, “our” or “us” (or similar words) mean ATLAS HAUS Company.
1.4. The words he/she and their derivatives in the text of the document can be applied to both male and female faces, depending on the context of the document.
2. DEFINITION
2.1. Customer is any natural or legal person who orders Services from the Company, by using the relevant Site and/or during the relationship with the Company, by concluding the relevant regulatory and legal document.
2.2. Customer’s consent (hereinafter “Consent”) is a voluntary, specific, informed and unambiguous expression of will in which the Customer, by means of a statement or an explicit positive action, agrees to the terms of receiving the Services.
2.3. Personal Data is any information that is in closed access, which allows to directly or indirectly identify the Customer and/or a natural person with whom the Company cooperates. For example, first name, last name, phone number, IP address.
2.4. Statistical Data is any information that is publicly available and directly or indirectly belongs to the Customer and/or an individual with whom the Company cooperates. For example, data about the name or address of the Customer’s company.
2.5. “ATLAS HAUS” company (hereinafter “Company” or “ATLAS HAUS”) is a service created to enable the Customer to view real estate projects and choose the type of real estate he needs.
2.6. Third party means a natural or legal person, government agency, institution or body, other than the Customer or the Company, and persons authorized by the Controller or Processor under their direct supervision to process Personal and Statistical Data.
2.7. The website of the “ATLAS HAUS” Company (hereinafter the “Site”) means a web page or a group of web pages on the Internet located at the address: https://sipatlas.com.ua/, through which the Company provides Services to Customers.
2.8. Services are an algorithm of actions performed by the Company to provide the Customer with the opportunity to get acquainted with real estate construction projects and choose the one he needs and/or order the necessary Products.
2.9. Product is a material result of human activity, which is placed on the Site and can be ordered by the Customer, according to its value, indicated in the relevant section of the Site.
2.10. Order is the execution by the Customer of the necessary algorithm of actions carried out by the Customer for the purchase of Products.
3. CUSTOMER CONSENT
3.1. This Agreement is concluded by the Customer by providing full and unconditional consent (acceptance) to the conclusion of the Agreement in its entirety, without signing a written copy of the Agreement.
3.2. The Agreement has legal force in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed between the Customer and the Company.
3.3. If the Customer does not agree with the terms of the Agreement, the Company does not provide Services to such Customer.
3.4. Any of the following actions signify Agreement with the terms of this Agreement:
3.4.1. signing of the Public Offer and other normative and legal documents regulating the terms of the provision of Services;
3.4.2. execution of the Order;
3.4.3. purchase of Products;
3.4.4. receiving Services.
3.5. The Customer reserves the right to obtain the Customer’s Consent through the resulting form. The pop-up form can contain the Consent form in the form of a checkbox.
3.6. By concluding this Agreement, the Customer automatically confirms the fact of familiarization with the Agreement and agrees to full and unconditional acceptance of the terms and conditions.
3.7. By agreeing to the terms of the Agreement, the Customer gives his express consent to:
3.7.1. the terms and conditions of receiving Services provided for in this Agreement and the terms and conditions set forth on the Site;
3.7.2. terms of payment for Services;
3.7.3. terms of placing an Order and purchasing Products;
3.7.4. conditions for returning Products and funds;
3.7.5. compliance with the terms of this Agreement.
4. PROVISION OF SERVICES
4.1. The Company provides the following Services:
4.1.1. familiarization with the types of Services posted on the Site;
4.1.2. description of the Company’s activities;
4.1.3. description of the Company’s projects;
4.1.4. receiving advice from the Customer’s employee;
4.1.5. construction of real estate, in accordance with the concluded Agreement;
4.1.6. sale of modular houses;
4.1.7. sale of Products.
4.2. The Company provides an individual with the opportunity to cooperate, which consists in offering individuals to cooperate, in accordance with the terms of the “Cooperation” section of the Site. The terms of such cooperation are determined by signing the relevant legal document.
4.3. The Company informs that in Order to receive Real Estate Construction Services, in accordance with the Customer’s project, the Customer must enter into an Agreement with the Company.
4.4. The Company informs that the Site contains introductory information that cannot be interpreted as the terms of provision of Real Estate Construction Services, as the terms of real estate construction are specified in the Agreement signed between the Customer and the Company.
4.5. The Company informs that the terms of the Services, including but not limited to: cost and terms of payment; deadlines; guarantees; technical requirements; additional requirements are specified in the Agreement between the Company and the Customer. That is, the receipt of Real Estate Construction Services is regulated by the Agreement concluded between the Customer and the Company.
4.6. The Company informs that Products are posted on the Site, the price of which is indicated in the relevant section of the Site, and the price of such Products may be changed by the Company unilaterally. The Company informs that the price of the Product may constantly change and the exact price of the Product must be clarified with the relevant employee of the Company.
4.7. The form of payment for the Products is specified by the Company in the appropriate section of the Site and/or agreed upon by the Parties by signing a separate legal document.
4.8. The Company provides additional Services for processing the Order, which consists in providing the opportunity to:
4.8.1. get professional material cutting;
4.8.2. production of non-standard Products;
4.8.3. obtaining the necessary information and consultation.
5. PRODUCT DELIVERY
5.1. The Customer can receive the Products in different ways: or order delivery using the appropriate delivery service.
5.2. For the delivery of Products, the Company uses special delivery services and that is why the delivery conditions are determined by such delivery service.
5.3. Since the Company does not deliver the Products and that is why such a delivery service is responsible for storing the Products during its delivery.
5.4. Delivery terms are determined by the delivery service that delivers the Products to the Customer.
6. REFUNDS
6.1. Since the Company provides the Customer with Services for real estate construction and/or installation of a modular house on the Customer’s land plot, and that is why the Company does not issue refunds under any circumstances.
6.2. The modular house is installed on the territory specified by the Customer, and the components of the modular house are goods that cannot be returned/exchanged, in accordance with the legislation of Ukraine, and the modular house is placed on the territory of the Customer and its dismantling is impossible without losing its quality, functional properties and appearance. And that is why the Company does not in any way return the funds paid by the Customer for the purchased modular house.
6.3. The Company does not refund the Customer for the real estate object created to order, since, in accordance with the legislation of Ukraine, the refund for the real estate object is carried out only if such real estate object was built illegally. The Company carries out the construction of real estate objects exclusively on legal grounds, and that is why the company does not refund funds to the Customer.
7. INTELLECTUAL RIGHTS
7.1. All exclusive intellectual property rights to the program code, design of the Site, as well as its components and their elements belong exclusively to ATLAS HAUS Company.
7.2. ATLAS HAUS grants the Customer a non-exclusive right to use the Services and the content of the Site.
7.3. The Customer grants ATLAS HAUS the non-exclusive right to use, copy, process and transfer Personal and Statistical Data during the term of using the Services.
7.4. The Customer guarantees that the Personal and Statistical data and information provided to them do not violate the intellectual property rights of a Third Party.
7.5. The Customer who believes that his intellectual and property rights have been violated can contact the Company with a request at the following email address: in**@si******.ua. Such a request should include: the full name of the Customer, description of the problem, contact details, evidence of infringement of intellectual and property rights. The Company considers such a request within 10 (ten) business days from the moment of receipt. By sending such a request, the Customer confirms that:
7.5.1. that the information contained therein is accurate and true;
7.5.2. understands the full extent of responsibility for sending unreliable data;
7.5.3. guarantees that such information does not violate the copyright and/or other intellectual property rights of Third Parties;
7.5.4. confirms that he has all the rights and authorities necessary and sufficient to send the request.
8. RIGHTS AND OBLIGATIONS
8.1. Obligations of the Customer to:
8.1.1. strictly comply with the terms of this Agreement
8.1.2. not to use the functions of the Site in any way for illegal purposes;
8.1.3. pay for the Product;
8.1.4. not to make changes to the software of the Site in any way;
8.1.5. accept the Products at the date, time and place agreed between the Parties;
8.1.6. provide true information to the Company;
8.1.7. receive the Service, sign an Agreement with the Company.
8.2. Rights of the Customer to:
8.2.1. receive Services in accordance with the terms of this Agreement;
8.2.2. receive the Product;
8.2.3. fulfill the Order;
8.2.4. get information about the Services;
8.2.5. get information about the Agreement.
8.3. Obligations of the Company to:
8.3.1. provide Services to the Customer in accordance with the concluded Agreement;
8.3.2. provide the Customer with all necessary information;
8.3.3. provide the Customer with Products;
8.3.4. strictly comply with the terms of this Agreement.
8.4. Rights of the Company to:
8.4.1. provide the Customer with access to the Site
8.4.2. verify the identity, address and activities of the Customer’s company;
8.4.3. apply sanctions to the Customer in accordance with the terms of this Agreement;
8.4.4. request any additional information about the Customer;
8.4.5. unilaterally make changes to this Agreement;
8.4.6. unilaterally cancel the provision of Services to the Customer;
8.4.7. unilaterally change the terms of the Agreement.
9. RESPONSIBILITY
9.1. The Company is not responsible for any damages incurred by the Customer as a result of the use of the Product and/or damage to health/life, if the Customer did not comply with the conditions of use/operation/storage/maintenance/repair of the Product during use.
9.2. The Company is not responsible for the delivery of the Product or for damage to the Product during delivery, as the delivery of the Product is carried out by a delivery service that is responsible for the delivery of the Product or the preservation of its integrity during the delivery of the Product. The Company is not responsible if the Customer provided an incorrect address or did not receive the Products for any reason.
9.3. The Company informs that the image of the Products on the Site may differ from the appearance of the Products received by the Customer, and the Customer undertakes not to make any claims regarding the discrepancy between the image on the Website and the appearance of the Products received.
9.4. The Customer undertakes not to take the following actions:
9.4.1. provide Personal and Statistical Data or other information on behalf of a Third Party, if he is not properly authorized;
9.4.2. copy, adapt, decipher, decompile, disassemble or reverse engineer any software that constitutes or is in any way part of the Site.
9.5. Since the terms of provision of Construction Services are specified in the Agreement, the Company does not provide any guarantees and does not specify the terms of the provision of Services in this Agreement, and these terms are specified in the Agreement.
9.6. The Company warns that the terms of the guarantee and limits of liability are agreed by the Company and the Customer in the Agreement.
9.7. The Company is not responsible for:
9.7.1. any expectations of the Customer from the Products purchased on the Site;
9.7.2. absence of a manager during non-working hours/weekends or non-processing of Orders during non-working hours;
9.7.3. inconsistency with the image of the house on the Site obtained in reality;
9.7.4. processing and delivery of pre-orders.
9.8. ATLAS HAUS reserves the right, but not the obligation to:
9.8.1. track violations of this Agreement;
9.8.2. take appropriate legal action against anyone who, in its sole discretion, violates the law or this Agreement, including, but not limited to, reporting such Customer to law enforcement authorities;
9.8.3. in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or otherwise burden our systems;
9.8.4. administer the Site in such a way as to protect our rights and property and to facilitate the proper functioning of the Site.
9.9. To the extent permitted by law, we provide the materials and Services on an “as is” basis. This means that we make no warranties of any kind, including, without limitation, warranties of fitness for a particular purpose of the Services.
9.10. ATLAS HAUS, its affiliates and agents are not responsible for any delays or disruptions in the Services caused by events beyond the Company’s control: natural disasters, Internet failures, equipment failures, power outages, strikes, labor disputes, riots, insurrections, civil riots, shortages, fires, floods, storms, explosions, natural disasters, wars, hostilities, epidemics, pandemics, government actions, court orders, non-compliance by Third Parties or disruptions in transportation or business.
9.11. THE COMPANY IS NOT RESPONSIBLE FOR THE CONSEQUENCES CAUSED BY ACTIONS OF HACKERS, CRIMINAL SOFTWARE MODIFICATION, AS WELL AS OTHER TYPES OF UNAUTHORIZED USE OF THE SITE.
10. LEGISLATION AND DISPUTE RESOLUTION
10.1. All relations between the Company and the Customer, arising in connection with the fulfillment of the terms of these Services, are regulated by the legislation of Ukraine.
10.2. Any dispute arising in connection with this Agreement, including any issues related to its existence, validity or termination, must be referred to and finally resolved by a court of Ukraine, in accordance with the legislation of Ukraine.
11. VALIDITY
11.1. The Agreement is valid during the period of use of the Services by the Customer. In the event of termination of use of the Services and termination of relations between the parties, the terms of the Agreement cease to apply.
12. IMPLEMENTATION OF CHANGES
12.1. The Company has the right to make changes to the Public Offer, in case of changes in the terms of providing Services.
12.2. The Customer is obliged to familiarize himself with the new terms of the Public Offer and the Company is not responsible if the Customer has not familiarized himself with the new terms of the Agreement.
12.3. Our electronic or otherwise stored copies of the Public Offering are deemed to be the true, complete, valid and legally binding versions of this Public Offering in effect at the time you visit the Site. If the Customer uses the Services after the update date of the Public Offer, we have the right to assume that the Customer has read the new version of the Public Offer and agrees to the terms of the Services.
13. DETAILS
LLC “ATLAS HAUS”
EDRPOU: 39109044
Legal/actual address: Ukraine, 03134, Kyiv city, 17 Ivana Dzuby street, building
Phone: +38 +49-151-4011-6290
E-mail: in**@si******.ua