Terms of Service
Terms of Service Agreement
This document is an official offer (public offer agreement) and contains all the essential terms of the service provision (Art. 633, 641 and Sec. 63 of the Civil Code of Ukraine).
In accordance with paragraph 2 of Art. 642 of the Civil Code of Ukraine (CCU), in case the conditions set forth below are accepted, a legal entity or a natural person accepting this offer becomes an authorized User.
By completing the registration process on http://2polyglot.com//, the legal entity or person confirms his absolute and unconditional acceptance of the terms of this Agreement.
Acceptance of this Agreement (offer acceptance) means that the User agrees to the terms of the Agreement without any exception, and fully understands the consequences of his actions. By accepting this Agreement, the User understands the terms of this Service Agreement and certifies that he is not under any delusion, obligation, threat, etc. to accept this Service Agreement.
By accepting the terms of the Agreement, the User confirms that he is legally capable of accepting the terms of this Agreement and maintains the right to conclude this Agreement.
The Administration of the Service http://2polyglot.com//reserves the right to change and/or amend this Agreement at their sole discretion any time without prior and/or further notice to Users by publishing the latest version of the Agreement on the website http://2polyglot.com//.
The provisions of this Agreement are compulsory for all Users, even those who has registered for the website prior to this Service Agreement.
“2polyglot” is defined as the website located at http://2polyglot.com.
“Website Services” is defined as the services website 2polyglot.com provides to its Users.
“My Account” is defined as the section of the Website where Users can govern their accounts including adding, modifing or removing their personal data or other information they specify when registering.
"Customer" is defined as any authorized User utilizing the Website to seek and/or obtain Freelancer Services from another User. From time to time, a Freelancer may choose to act as a Customer, at such time the terms and conditions of this Agreement applicable to Customers will apply to Freelancers, who act as Customers.
"Customer Materials" are defined as requests, texts, intellectual property, and any other information or materials that a Freelancer receives from a Customer for a particular Service Contract.
"Freelancer” is defined as any authorized User utilizing the Website to advertise and provide services to Customers. A Freelancer User may also be a Customer for other Freelancers with respect to use of the Website and not limited to all 2polyglot Website services.
“Freelancer Materials” are defined as requests, texts, intellectual property and any other information or materials that a Customer receives from a Freelancer for a particular Service Contract.
"Service Contract" is defined as the contractual provisions between a Customer and a Freelancer governing the Freelancer Services to be performed by a Freelancer for Customer for a particular project.
“Freelancer Services” are defined as services performed for or delivered to Customers by Freelancers through the website in accordance with a Service Contract.
“Freelancer Fees” are defined as payments made by a Customer under the rates set by a Freelancer and agreed upon between Customer and Freelancer according to the Service Contract.
"Hourly Rate Contract" is defined as a Service Contract for which Customer is charged based on the hourly rate set by the Freelancer.
"Fixed Price Contract" is defined as a Service Contract for which Customer is charged a fixed fee agreed upon between a Customer and a Freelancer, prior to the commencement of a Service Contract, for the completion of all Freelancer Services contracted by a Customer for said Service Contract.
“Payment Method” is defined as transferring money by any method suitable for Freelancers for payment of services. Payment methods may include but are not limited to: a valid credit card payment or bank account linked to your Account, a PayPal account, or any other such method of payment that could affected by the Terms of Service Agreement at the discretion of 2polyglot.
“Secure Deal Service” is defined as the service provided by 2polyglot.com at a pay rate set forth by the Website. The service provides contract management through a process of applying prepayment for the work performed and kept in an account on the website. Money is then transferred to the contract Executor after either receiving a payment confirmation from the Customer or a dispute between Customer and Executor is initiated via Arbitration function provided by the website.
“Confidential Information” is defined as a Freelancer’s work products or any other information provided to, or created by a User for a Service Agreement regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (A) is generally known by third parties as a result of inaction or omission on the part of a Freelancer or a Customer; (B) subject to disclosure, was lawfully received without restriction of disclosure from a third party having the right to disseminate the information; (C) was already known by User prior to receiving the information from the other party and was not received from a third party in breach of said third party's obligations of confidentiality; or (D) was independently developed by the User without the use of another party's Confidential Information.
“Property rights” are defined as all property rights and interests relating to copyright, industrial design, brands, tradenames, trademarks, patents and other intellectual property rights registered within a certain jurisdiction.
1.1. Subject of Agreement.
1.1.1. The 2polyglot Website is a marketplace where Customers and Freelancers can identify each other and buy or sell Freelance Services online. According to the terms of this Agreement, 2polyglot provides web services to Customers and Freelancers including hosting this Website and website maintenance which facilitates Service Contracts between Customers and Freelancers and governs disputes related to these Service Contracts.
1.1.2. If a Customer and a Freelancer reach an agreement on the terms of Freelance Services, the Service Contract shall be made between this Customer and this Freelancer under the provisions set out in Section 2.
1.1.3. When a Customer and a Freelancer conclude a Service Contract, they utilize the Website to hire a contract Executor, for interation and pay for Freelance Services rendered.
1.2. 2polyglot’s relationship with Website Users.
1.2.1. 2polyglot shall not participate in business relationships between Customers and Freelancers including but not limited to: publications, offers, the conclusion of Service Contracts and Freelance Service work. It shall not introduce specific Freelancers to Customers. 2polyglot merely makes Freelancer Services known for anyone in search of said service while providing a forum for contract Executors and Customers to select the correct person for a specific job.
1.2.3. Under no circumstances shall 2polyglot control, direct or govern a Freelancer or a Freelancer’s work, set working hours, work schedules or work location, adjust or influence a hourly or fixed rate for Service Contracts.
1.2.4. 2polyglot shall not train Freelancers or provide them with a workplace, any equipment, work or materials needed for Service Contract completion.
1.2.5. 2polyglot shall not provide any information regarding the scope of projects. The Website shall not guarantee the quality, security or legitimacy of Freelance Services rendered.
1.2.6. 2polyglot shall not make deductions of taxes, social fees or any other payments compulsory for any Customer, Freelancer or Freelance Service. Each Party is solely responsible for all taxes and fees which shall be applied or paid for under the appropriate laws within the jurisdiction of Ukraine or the country of a User’s residence.
1.2.7. 2polyglot shall not require and may not verify any feedback or information provided to the Service Administration by Freelancers or Customers. Accordingly, 2polyglot shall not perform validation checks on data related to Freelancers and Customers.
1.2.8. In recognizing that 2polyglot is not a party to any contract between Customers and Freelancers, Users hereby waive their legal rights to hold 2polyglot responsible from claims, demands, or damages (actual and consequential) of every type to include natural, known and unknown, which issues may arise out of User disputes; whether the dispute is in any way connected to Users of the website, whether it be a legal or an equity dispute. This release includes, without limitation, any disputes regarding the performance, functions, and quality of Freelancer Services provided to a Client by a Freelancer and/or requests for refunds based upon disputes.
1.3. 2polyglot's Role.
1.3.1. A User understands and accepts that: (A) the website is merely a venue where Users may act as Customers and/or Freelancers; (B) 2polyglot is not a party to any Service Contracts between Customers and Freelancers; (C) a User is not an employee of 2polyglot and that 2polyglot does not, in any way, supervise, direct, or control the Freelancer or Freelancer Services; (D) 2polyglot will not have any liability or obligations under or related to Service Contracts by any act or omission by the User or other Users; (E) 2polyglot has no control over Freelancers or the Freelance Services offered or rendered by Freelancers; (F) 2polyglot makes no representation as to the reliability, capability, or qualifications of any Freelancer or the quality, security, or legality of any Freelancer Services.
1.4. User Consent to Regarding Electronic Records.
1.4.1. In accordance with this Agreement a User may be entitled to receive certain records, contracts, notifications and documents in writing. To facilitate the use of the Website, a User gives permission to the Service Administration to provide these records electronically instead of in paper form.
1.4.2. By registering for an Account, a User consenta to electronically receive and access, via email or the Website, all records and notifications for the services provided to him under this Agreement that could otherwise be required to provide to him in paper form. However, Service Administration reserves the right, at its sole discretion, to communicate with User via Postal Service and other third-party mail services using the address under which the User account is registered.
1.4.3. Once a User consents to receive records and notifications in electronic form, this consent will remain in effect until the User withdraws it. A User may withdraw his consent to receive further records and notifications electronically at any time by contacting Technical Support. If a User wishes to withdraw his consent to receive such documents and notifications electronically, the Service Administration must revoke User access to the Website and Website Service, and this User will no longer be able to use the Website or the Website Services. Any withdrawal of User consent to receive records and notifications electronically will be effective only after a reasonable period of time in order to process the User’s request for withdrawal. A User’s withdrawal of consent to receive records and notifications electronically shall not apply to those records and notifications, before the withdrawal of User consent becomes effective.
1.5. User Valid Email Address Requirement.
1.5.1. In order to ensure that the Service Administration is able to provide records and notifications electronically, Users must notify the Service Administration of any change in his email address by updating his Account information on the Website or contacting Technical Support.
1.6. Hardware and Software Requirements to Use the Website Services.
1.6.1. To access and retain the records and notifications that the Service Administration provides to a User electronically, the User will need: (A) a valid email address; (B) a computer system that operates on a platform like Windows or Mac; (C) a connection to the Internet; (D) current versions of software, browsers, plug-ins, or other computer applications and programs identified on the Website; (E) a current version of a program that accurately reads and displays PDF files; (F) a computer or device with an operating system capable of supporting all of the above.
1.6.2. The Service Administration reserves the right to change these requirements from time to time and update this Agreement accordingly.
1.6.3. Users must retain a copy of all records and notifications sent by Service Administration electronically.
1.6.4. By accepting this Agreement electronically, a User confirms that (A) he has read and understood the above consent to receive records and notifications electronically; (B) he satisfies minimum hardware and software requirements specified above and (C) his consent will remain in effect until he withdraws his consent as specified above.
CONTRACTUAL RELATIONSHIP BETWEEN A CUSTOMER AND A FREELANCER
2.1. The Customer and Freelancer enter into an Agreement when a Freelancer accepts a service proposal offered by a Customer and the Customer accepts the Freelancer’s service conditions. The Customer and the Freelancer will be deemed to have entered into a Service Contract with each other when the following terms have been met (as applicable): (A) under a general provisions and Fixed Price Contract agreement; (B) payment method and rate established; (C) the Engagement terms awarded and accepted on the Website to the extent that the terms do not purport to expand a Freelancer's obligations or restrict a Freelancer's rights under this Agreement; (D) terms of order execution and the scope of work are agree to and (E) any other contractual provisions, accepted by both the Customer and the Freelancer, to the extent that the provisions do not purport to expand a Freelancer's obligations or restrict Freelancer's rights under this Agreement. Legal relations established under the Service Contract are governed by the laws of Ukraine and rules of International law.
2.2. A User accepts that the formation of a Service Contract between Customer and Freelancer shall not, under any circumstance, create an employment relationship between 2polyglot and Freelancer.
2.3. A Freelancer shall be obliged to execute work in a professional manner, provide Customers with timely agreed-upon work. A Freelancer determines and controls the way and means of service execution.
2.4. A Customer and a Freelancer agree to comply with dispute resolution procedures as provided for under the laws of Ukraine and rules of International law.
2.5. When a Freelancer receives the full payment from the Customer, the work produced under the Service Contract, including but not limited to: all intellectual property rights, represent the sole and exclusive property of the Customer and the Customer shall be the sole owner of the resulting product.
2.6. Customer shall be liable for determining whether Freelancers are independent contractors or employees and involve them in projects accordingly. 2polyglot denies any obligations related to this determination or any associated obligations.
2.7. Customers and Freelancers shall be obliged to: (A) create and keep reports in order to control the fulfillment of their obligations under this Service Contract including but not limited to their payment obligations and compliance with current laws and (B) provide 2polyglot with copy of the reports if requested.
2.8. Payment Agreements and Instructions on Depositing.
Fixed Price Engagements. If a Customer or a Freelancer choose fixed price compensation, then the Customer and Freelancer agree that they will be bound by those terms.
Hourly Engagements, Bonuse Payments or Expense Reimbursement Payments. If a Customer and a Freelancer choose hourly compensation and/or if the Customer makes bonus payments or expense reimbursement payments to the Freelancer, then the Customer and the Freelancer agree to be bound by under Escrow instructions.
3. PAYMENT TERMS
3.1. 2polyglot Service Charges.
3.1.1. When a Customer pays a Freelancer through the Secure Deal Service, 2polyglot charges a fee for the services the Freelancer provides. The Customer and Freelancer agree to pay 2polyglot for creating, hosting, maintaining and providing the Website and Website Services. The fee is 10% for transaction. The Customer and Freelancer decide between themselves who of them is to be charged this fee.
3.1.2. If a Customer chooses payment through Secure Deal Service, he shall transfer the due payment amount for a Freelancer’s services including the Website service fee on 2polyglot PayPal account. When Customer confirms he accepts work submitted by Freelancer, 2polyglot transfers the agreed amount except commission specified in Website rate.
3.2. Payment Disbursements to Freelancers.
3.2.1. In pursuance of the corresponding instructions, Freelancer shall be paid after completing a Customer order in full and on time.
3.2.2. If Customer has not confirmed nor rejected work within three days after completing the order, the full order amount shall be transferred to Freelancer’s account automatically.
3.2.3. If a Freelancer has performed work incorrectly/improperly or out of time, the Customer may cancel this order and the money will be transferred back to the Customer.
3.2.4. If the Freelancer and Customer are unable to reach agreement on the payment issue under this Service Contract, they press the “Arbitration” button and 2polyglot shall decide who should receive the money.
3.2.5. In cases of fraud, abuse or violation of this Agreement, 2polyglot reserves the right to cancel any payments.
3.3. Payment Methods.
3.3.1. In order to use the Website, the Customer must provide Account information at least one valid Payment Method. The Website makes payment available with PayPal.
3.3.2. By providing Payment Method information through the Website, Customer agrees that he shall be obliged to provide this information to the Service Administration in accordance with the appropriate law.
3.3.3. When a Customer authorizes a payment using a Payment Method via the Site, the Customer represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
4. CONFIDENTIAL INFORMATION
4.1. To the extent a Customer or Freelancer provides Confidential Information to the other, the recipient will protect the secrecy of the discloser's Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event will exercise less than due care, and shall: (A) not disclose or permit others to disclose another's Confidential Information to a third party without first obtaining the express written consent of the owner of the Confidential Information; (B) not use or permit the use of another's Confidential Information, except as necessary for the performance of Freelancer Services for the relevant Service Contract (including but not limited to: the storage or transmission of Confidential Information via the Site for use by Freelancer) and (C) not to limit access to any Confidential Information to 2polyglot staff members who need to know such information for the performance of Freelancer Services for the relevant Service Contract.
4.2. If and when Confidential Information is no longer needed for the performance of the Freelancer Services for a Services Contract or at the Customer's or the Freelancer's written request (which may be made at any time at the Customer's or the Freelancer's sole discretion), the party which received Confidential Information, shall, at its expense, promptly return the disclosing party's Confidential Information.
4.3. The party which received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party's written request for such certification.
5. USER’S RIGHTS AND OBLIGATIONS
5.1. A User can be any person of legal age possessing full legal competence and capacity; or a legal person acting under the laws of Ukraine or the country of a User’s residence.
5.2. Visitors has no rights to use the Website services and are unable to accept the terms of the Agreement unless he is of legal age to conclude valid agreements or has fulfilled other conditions to conclude such agreements as provided by applicable law.
5.3. A User may register on 2polyglot only after he confirms his absolute and unconditional acceptance of the terms of this Agreement.
5.4. A User is obliged to be respectful of the Service Administration and of other 2polyglot Users, and shall: (A) not post indecent comments, (B) not post messages intended to provoke violent reactions of other website participants (trolling), (C) not post materials including offensive comments, signs of discrimination based on national identity, ethnicity, race or religion; (D) not post publications calling for violent change or overthrow of the constitutional order, government capture, change of the boundaries of the territory of Ukraine, riots, property destruction, capture of buildings or structures, aggression, or initiation of military conflict; (E) not commit other actions or posting any messages forbidden by the laws of Ukraine; (F) not publicize any pictures with sexual content or indecent images; (G) not publish pictures containing child pornography; (H) not post any messages representing advertisement (or propaganda) of sexual services (including those disguised as other services); (I) not post materials explaining the procedures of manufacturing or usage of narcotics or narcotic substitutes, explosive substances or other weapons; (J) not use 2polyglot for indecent or unethical communication.
5.5. A User has no right to restrict or prevent access to the website 2polyglot to other Users.
5.6. A User must not download, send, transfer, distribute or publish (through other means) (A) any materials that contain viruses or other computer codes, files or programs intended for violation, destruction or functionality restrictions of any computer, communication facility or program in order to obtain unauthorized access; (B) commercial off-the-shelf product serial numbers, programs for their generation, usernames, passwords and other means for gaining unauthorized access to 2polyglot website resources or Internet resources, pictures or links to the Website without a prior written consent of the Service Administration. A User also may not post any links to other websites in his profile.
5.7. All materials and programs related to 2polyglot’s work are protected by Intellectual Property Laws of Ukraine and the rules of International Law. A User must not copy, download, reproduce, distribute and translate any component and logo of 2polyglot. A User may not distribute 2polyglot’s materials and programs in whole or in part, modify or sell it.
5.8. A User guarantees that neither him nor any other person he assists will (A) copy or change any content or software; (B) create programs derived from the software; (C) penetrate software for obtaining program codes; (D) modify service including for the purpose of obtaining unauthorized access to the Website.
5.9. A User shall be solely responsible for correspondence of his posted content under applicable legislative requirements, including third party liability in those cases when User’s posted content violates third-party rights and legitimate interests including authors’ personal non-property rights, intellectual property rights and/or negatively impacts their intangible benefits.
5.10. If the Website Administration makes a claim against the illegal use of works and materials, the User who posted these materials shall be obliged to settle these claims. In this case, the User must reimburse 2polyglot for all losses related to these claims.
5.11. A User accepts full responsibility for all obligations and claims which may be incurred due to damages caused by libel, insult, infringement of individual rights by other Users, failure of services intended for Users, violation of intellectual property rights or of other Users’ rights.
5.12. By using any information and/or materials (including downloadable software, messages, any instructions and guidelines to follow, etc.), access to which a User receives by using 2polyglot website, the User acts at his authority and is solely responsible for the probable consequences of using the above mentioned information and/or materials, including damages it may cause to a User’s computer or third parties, including but not limited to data loss or any other damages.
5.13. A User must not (A) use another User’s username when entering 2polyglot website; (B) share his username and password with a third party, and receive these details from a third party; (C) advertise any product or service without prior consent of the Administration of the Website; (D) transmit spam for extorting money or other fraud actions; (E) use 2polyglot for the violation of or illegal use of copyrights, related rights and/or intellectual property rights; (F) violate the provisions of this Agreement, Policy of the Service Administration and the applicable law including rules of international law apply.
5.14. A User agrees, that if he violates any of his obligations, the Service Administration has the right to apply sanctions set out in Subsections 6.5, 6.6 and 13.3 of this Agreement against him at any time and collect claims for said damages.
6. RIGHTS AND OBLIGATIONS OF THE SERVICE ADMINISTRATION
6.1. Subject to and on the condition of compliance with this Agreement, the Service Administration grants User access to 2polyglot website 24/7, excluding circumstances that prevent User entering 2polyglot which were occurred through no fault of the Service Administration.
6.2. By processing Users’ personal data, the Service Administration shall be obliged to take all organizational and technical measures in order to protect them against unauthorized action in a manner not stated on the Website.
6.3. If a Freelancer and a Customer are unable to reach an agreement on the payment under this Service Contract, when they press the “Arbitration” button, the Service Administration arbitrates disputes between Users and ultimately decides who receives payment.
6.4. The Service Administration has the right but not the obligation to monitor and keep records of content published on 2polyglot, where Users publish their information or post messages and monitor their content. For this reason, the Service Administration is not responsible for content or messages even if it is in violation of a copyright or confidentiality or contains slanderous, indecent or other illegal information.
6.5. If a User fails to provide or provides false or misleading information or the Service Administration suspects that information provided by the User is false or misleading, the Service Administration has the right, at its sole discretion, to deny registration, block or delete User’s Account, deny services or use of particular functions to a User.
6.6. The Service Administration has the right to block or delete User’s account and deny access without using any information applicable to 2polyglot services and remove any User content without assigning any reason if the User (A) violated the terms of the Agreement or other documents stipulated by this Agreement; (B) performed acts which resulted or could have resulted in damage of 2polyglot's business reputation.
6.7. The Service Administration is always ready to receive ideas, suggestions and proposals for Website improvement from any User of the Website.
7. LIABILITY OF THE PARTIES
7.1. According to the fact that the current state of technology does not allow to provide guaranteed data protection and confidentiality when transferring it through open networks, the User is solely responsible for security of all data he transfers through the Web.
7.2. The User shall take full responsibility and risks related to Internet use by using 2polyglot or Website Service, including responsibility for estimate of accuracy, completeness and usefulness of any opinions, ideas and other information to include the quality and properties of the services provided to the User through 2polyglot.
7.3. The User shall be fully liable for password security and damages which may occur in case of unauthorized account usage. In case of unauthorized account use due to the fault of third parties, a User has the right to submit a request for username and password change to the Service Administration.
7.4. The Service Administration does not guarantee uninterrupted or faultless services. They also do not guarantee that the software or any other materials provided do not contain system errors. The Service Administration takes all reasonable efforts and measures to prevent and rectify these errors.
7.5. The Service Administration shall not be liable for (A) quality of public access channels used to access the 2polyglot Website; (B) 2polyglot technical failures and service interruptions; (C) problems with hardware used for Internet connections; (E) any expenses or losses incurred (directly or indirectly) by the User when using 2polyglot.
7.6. The Service Administration shall not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to force majeure circumstances (earthquake, flood, hurricane, war, etc.), compromise of communication lines through theft or damage, whether or not the User was at fault.
7.7. The Service Administration is not liable for direct or indirect losses caused to the User as a result of use or disrupted Website service incurred due to errors, omissions, interruption of work, file deletion, defects, operating delays, data transmission, functions change etc.
7.8. The Service Administration shall not guarantee that a User’s email will work from remote networks which prevent a User from receiving email correspondence from the Website.
7.9. The Service Administration is not responsible for any obligations and expenses related to (A) breach of provisions of this offer by the User or other person(s) who use his login details (username and password); (B) Internet use through the use of Website; (C) posting or sending any message, information, software or other materials across the Internet by the User or other person(s) who use his login details (username and password).
7.10. The Service Administration is not liable for User actions within the email service identified with his username.
7.11. The Service Administration is not liable for (A) accuracy and correctness of personal details or data entered by the User, (B) information which users share or post on 2polyglot. The Service Administration is not obliged to control reliability and security of this information and Users have no right to enter unreliable information or use 2polyglot contrary to law.
8. SPECIAL PROVISIONS
8.1. If the Service Administration considers information, profiles, blogs or any other materials as inadequate, unwanted or violating this Agreement, the Service Administration reserves the right to remove it from their servers.
8.2. The Service Administration has no relevance to the information published in Users accounts, blogs and/or profiles because Service Administration shall not publish this information.
8.3. All User’s financial claims related to correctness of making payments through the Website shall be sent directly to the organization that accepted payments (organizations that provide services for accepting funds and make further payments using electronic payment systems such as PayPal or wire transfer services).
8.4. The Service Administration reserves the right, at their sole discretion, to limit, extend or change the quality of services unilaterally and at any time without prior notice of User by publishing the latest version of the Agreement on http://2polyglot.com//.
8.5. Force Majeure
8.5.1. Neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to any Force Majeure event including fires, floods, wars, labor disturbances, riots, acts of government, governmental requirements and regulations or restrictions imposed by domestic law or any other similar conditions beyond the reasonable control of such party. Should the above circumstances continue to be in force for more than 30 days, or it becomes clear to the parties that the duration of said circumstances will be more than the above stated period the Parties shall decide the destiny of the present Agreement for a short time.
9. DISPUTE RESOLUTION PROCEDURE
9.1. This Agreement shall be governed by and interpreted in accordance with the laws of Ukraine. Disputes not resolved under this Agreement shall be subject to settlement in accordance with the laws of Ukraine, unless otherwise provided by the rules of International Law.
9.2. Disputes arising out of this Agreement shall be subject to settlement by negotiation. If the dispute has not been settled extra-judicially, it should be submitted to the Economic court of Dnepropetrovsk Region unless otherwise provided by the rules of International Law.
9.3 Judicial acceptance of invalidity or unenforceability of any provision hereof shall not entail invalidity or unenforceability of other provisions hereof.
9.4. According to the text of this Agreement, unless otherwise provided herein, the term “Laws” means both systems of laws within Ukraine.
9.5. Nothing specified in this Agreement shall be construed as creating or establishing agency relationship, comradeship, joint-cooperation, employment or any other relationship not expressly stipulated herein between the User and Service Administration.
9.6. Omission of Service Administration in case of breach of provisions hereof by the User shall not deprive Service Administration of its right to take the measures protecting its interests and copyright 2polyglot materials at a later date.
10.1. User shall indemnify, defend, and hold harmless 2polyglot (including our respective directors, employees, representatives and agents) from any and all claims, damages, liabilities, costs, losses and expenses (including reasonable attorneys' fees and all related costs and expenses) arising from or related to any claim, suit, proceeding, demand, or action brought by a User or a third party against an indemnified party relating to: (A) use of the Website and the Website Services by User or his agents, including any payment obligations incurred through use of the Website Services; (B) any Service Contract entered into by a User or his agents, including, but not limited to the classification of a Freelancer as an independent contractor, the classification of 2polyglot as an employer or joint employer of Freelancer; (C) failure to comply with this Agreement by a User or his agents; (D) failure to comply with applicable law by a User or his agents; (E) negligence, willful misconduct or fraud by a User or his agents (F) libel, violation of privacy rights, unfair competition or infringement of Intellectual Property Rights or allegations thereof to the extent caused by a User or his agents.
11. PERSONAL INFORMATION
11.1. All personal data shall be published on 2polyglot with prior consent of subjects in accordance with the applicable laws of Ukraine. By providing 2polyglot with the personal information, a User grants his consent for the processing of personal data, particularly, for its gathering, storage, adaptation, updating and using for distribution of theme-direct emails and other information related to 2polyglot projects.
11.2. All personal data provided by the User shall be used for internal purposes only and shall not be shared with third parties, unless otherwise provided under section 11.8 of this Agreement.
11.3. A User may request or change his personal information contained in 2polyglot databases by contacting Service Administration.
11.4. By accepting this Agreement, a User confirms he understands his rights determined by the Law of Ukraine “On Personal Data Protection” as well as the purpose of his personal data collection, storage and processing. A User also agrees to the processing of his personal data for an unlimited period of time.
11.5. By publishing personal information on 2polyglot, a User confirms his voluntary consent to submit his personal information and provide it for processing to the Service Administration. If a User does not accept the terms mentioned above, he shall not be registered on 2polyglot or immediately delete his account and use the website for viewing only.
11.6. The purpose of processing a User’s personal data shall be creation of 2polyglot user database for website functioning and further provision of services to the User by the Service Administration, as well as a User’s personal data check for third-party fraud. Data processing cannot cause User any negative effects.
11.7. A User must not publish another person's personal data on 2polyglot, use of another User's personal information which does not conform to legal requirements, for unlawful or illegal purposes, profit and any other purposes that do not conform to ideals of 2polyglot.
11.8. The Service Administration may save archival copies and send User information (without his consent and prejudice to other provisions of the Agreement) to governmental authorities, including (A) bodies of inquiry and investigation and (B) local self-government bodies on their reasonable request; (C) pursuant to court order and (D) otherwise be required by law.
12. LICENSES, LINKS AND APPLICATIONS
12.1. License for User Content.
12.1.1. The User may submit his comments or ideas about the Website and Website Services, including without limitation how to improve the Website or Website Services (collectively, "Ideas"). By submitting any Ideas the User agrees that (A) his disclosure is gratuitous, unsolicited, and without restriction and will not place 2polyglot under any fiduciary or other obligation, (B) his Ideas do not contain the confidential or proprietary information of third parties, and (C) we are free to use the Ideas without any additional compensation to the User and to disclose the Ideas on a non-confidential basis.
12.1.2. The User admits and agrees that by accepting his submission, 2polyglot does not waive any rights to use similar or related ideas, known or developed for 2polyglot or obtained from sources other than User.
12.2. Third Party Verification.
12.2.1. The Website makes available various services provided by third parties verify a User's credentials and provide other information. Any information or content expressed or made available by these third parties or any other Users is that of the respective author(s) or distributor(s) and not of 2polyglot.
12.2.2. 2polyglot neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than 2polyglot's authorized employees acting in their official capacities.
12.3. Links and Applications.
12.3.1. The Website may contain links to third-party websites. The Website may also contain applications that allow a User to access third-party websites via the Website. Such third party websites are owned and operated by the third parties and/or their licensors. A User's access and use of third party websites, including online communication services, such as chat, email and requirements, shall be governed by the terms and policy of the applicable third-party websites.
12.3.2. A User acknowledges and agrees that 2polyglot shall not be responsible for: (A) the availability and accuracy of third-party websites, or (B) the content, advertising or products on or available from third-party websites.
12.3.3. The User shall be responsible for deciding if he wants to access third-party websites by clicking on a link or installing an application. The inclusion of any link or application on the Website does not imply that we endorse the linked site or application. A User uses the links and third-party websites at his own risk and agrees that his use of an application or third-party website via the Website is on an "as is" and "as available" basis without any warranty for any purpose.
13. ENTRY INTO, DURATION OF, CHANGE AND TERMINATION PROCEDURES OF THE AGREEMENT.
13.1. This Agreement will become effective upon User’s first visit to the Website and remain in effect for the duration of his use of the Website.
13.2. Unless both the User and Freelancer agree otherwise in writing, either of them may terminate this Agreement at their sole discretion, without explanation upon written notice to the other.
13.2.1. In the event User properly terminates this Agreement, his right to use the Website is automatically revoked, and his Account will be closed; however, (A) if a User has any open engagements when he terminates this Agreement, he will continue to be bound by this Agreement until all such engagements have closed on the Website; (B) 2polyglot will continue to perform those Website Services necessary to complete any open engagement or related transaction between the User and another User; and (C) a User will continue to be obligated to pay any debts accrued but unpaid as of the date of termination or the completion of any open engagements.
13.2.2. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release any User with whom the User have entered into a Service Contract from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Upon closing the User account, 2polyglot may close any related account.
13.3. Without limiting Freelancer's other remedies, the Service Administration may temporarily suspend, indefinitely suspend, or permanently revoke User access to the Website and refuse to provide any or all Website Services to a User if: (A) the User breaches any terms and conditions of this Agreement or other parts of the Terms of Service; (B) Service Administration becomes aware or suspects that the User has provided false or misleading information; or (C) the Service Administration believes, at their sole discretion, that the User’s actions may cause legal liability for him, other Users, Freelancers or our Affiliates, (D) a User's actions may be contrary to the interests of the Website or the User community; or (E) the User may involve illicit activity.
13.4. Once the User’s Account is suspended or closed, he must not continue to use the Webite under the same Account or a different Account or reregister under a new Account without prior written consent of 2polyglot.
13.4.1. When User’s Account is closed for any reason, he will no longer have access to data, messages, files, and other material he keeps on the Website.
13.4.2. If practicable, 2polyglot will retain a User’s information along with all his previous posts and proposals for a period of one year from the date of termination to give him ample time to institute an appeal of the Website Administration decision through the process described in the Section 9 of this Agreement. If a User fails to appeal the Website Administration decision within one year, 2polyglot may delete his information including data, messages, files, and other material he keeps on the Website.
13.5. All changes, additions, annexes to this Agreement or other information form integral part thereof and shall be binding for the parties from the moment it is published on the Website unless otherwise provided by the Service Administration.
13.6. This Agreement is drawn up in Russian Language and optionally can be submitted for User’s approval in other language. In the event of any conflict between the Russian and other language versions of the Agreement, the Russian version shall prevail.
14. HOW TO CONTACT US
If you have any questions or need immediate assistance, please call our Technical Support: +38 056-790-87-65
Developer SVAM-SYSTEMS LLC.
RNNBO code: 39440692
41 Voskresenskaya Street, Office 406