Service agreement for the use of the software AISTaxi
The service agreement governs the procedure for the provision of services of FLP Kukharchuk SS (hereinafter – Provider). This Service Agreement (hereinafter – the Agreement) is a Public Agreement in accordance with Art. 633 of the Civil Code of Ukraine and has the appropriate legal force.
The use of the Provider’s services implies the consent of the person applying for connection to the GPSTaxiService service (hereinafter – the Subscriber) with the rules, terms, restrictions and other conditions of cooperation set forth in this document at the time of the service.
In case of receipt of the Application for connection from the Subscriber to the Provider’s address, that will be a complete and unconditional acceptance of the terms of this agreement.
1. General Provisions
1.1 The Provider in the manner and under the conditions defined by this Agreement provides the Subscriber with services for connecting and providing access to the GPSTaxiService service. The Subscriber has the right to use the services provided for by this system and undertakes to pay for the services provided by the Provider in accordance with this Agreement.
1.2. The general conditions and procedure for the provision of services are established by this Agreement.
1.3. The provision of services (tariffing) under this Agreement starts from the moment the Subscriber transfers the amount for connection to the Provider’s current account.
1.4. Definitions of terms:
1.4.1. AISTaxi is a software complex for automating taxi dispatching services, which is fully operational with the help of the global Internet network, which has a speed of at least 2 (two) megabits per second per (1) workplace.
1.4.2. Subscriber connection – the fact of getting access to the complex, setting up software at workplaces of the dispatching service, as well as providing applications for the Subscriber’s drivers.
1.4.3. Work shift per day – the fact of the inclusion of a mobile application, login.
1.4.4. Virtual account – used for easy reporting and statistics on driver costs.
2. Rights and obligations of the Provider
2.1. The provider has the right to:
2.1.1. In the event that the Subscriber fails to fulfill its obligations under this Agreement, suspend the provision of services, deny further provision of services, as well as terminate this Agreement.
2.1.2. To make changes to the Tariffs and Agreement with prior notification of the Subscriber about these changes no later than 30 days before the changes take effect.
2.1.3. Perform actions stipulated by the Agreement.
3. The provider undertakes to provide the Subscriber with the following types of information services:
3.1 Provision of access to the GPSTaxiService system for the Subscriber.
3.2 Placing the “orders” of the Subscriber in the electronic system “GPSTaxiService”.
3.3 Providing access to “orders” placed in the electronic system “GPSTaxiService”.
3.4 The provider guarantees the Subscriber a stable uninterrupted operation of the GPSTaxiService system, taking into account its technical capabilities, as defined by the Agreement.
3.5 The Provider undertakes not to disclose to third parties any information received from the Subscriber, which became known to the Provider during the fulfillment by the parties of the terms of this Agreement. During the term of this Agreement, as well as within three years from the date of termination of this Agreement, the Provider undertakes not to disclose any confidential information received by him from the Subscriber to any third parties, including government agencies, enterprises, institutions, organizations of all forms of ownership and subordination, and will not use this information for its own benefit, except for using such information in accordance with the objectives defined by this Agreement . Any information that has been transmitted under this Agreement is considered confidential under this Agreement and is subject to commercial secrecy.
4. Rights and obligations of the Subscriber
4.1 Subscriber has the right to:
4.1.1 Use the services provided for in this Agreement in the manner and subject to the conditions specified in this Agreement.
4.2 Subscriber undertakes to:
4.2.1 When using the services established by this Agreement, adhere to the terms of this Agreement.
4.2.2 To pay for the services provided by the Provider in the amount, in the manner and within the time specified in this Agreement.
4.2.3 Provide remote access to dispatchers’ work computers to install the GPSTaxiService dispatcher program to configure and implement VoIP telephony and the server.
4.2.4 Do not take actions aimed at undermining network security or disrupting the operation of software and hardware of this service.
5. Size and order of payment
5.1 The Subscriber pays the Provider with the funds for the services provided for in this Agreement on the terms of payment upon expiry of the billing period, within 10 (ten) days.
5.2. The calculation of the cost of the services provided by this Agreement is carried out according to the Provider’s Tariffs, published on the Provider’s official website at the time of the conclusion of this Agreement, or by oral agreement with the Provider.
5.3 Services are paid by the Subscriber for the previous billing period in the amount of the amount deducted from the virtual personal account of drivers for the provision of services by the Provider.
5.4 Payment for the Provider’s services is made by the Subscriber, by transferring funds to the account specified by the Provider. When making payments, the Subscriber is obliged to accurately indicate his account number or the name of the city and taxi dispatch service.
5.5 The settlement period is one calendar month starting from the 1st day.
5.6 When making a payment by bank transfer, the cost of the service increases by 10%.
6. Provision of services
6.1 This Agreement comes into force from the moment the Subscriber is connected to the system and is valid until the termination of the Agreement by one of the parties.
6.2 In the event that the Subscriber’s funds are not received by the Provider’s account within 10 days after the end of the billing period, the Provider automatically suspends the provision of services provided by this Agreement until the Subscriber’s financial settlement with the Provider in the manner specified by this Agreement.
6.3 Each of the parties has the right to cancel this Agreement, having warned the other party in writing no later than 30 (thirty) calendar days before the termination date.
6.4. The provider is fully released from liability for full or partial non-fulfillment of its obligations under this Agreement if non-fulfillment or improper performance is a consequence of force majeure circumstances of a technogenic nature, namely: an accident (malfunction) in power electrical or computer networks or other systems communications used for the operation of the GPSTaxiService service, as well as as a result of deliberate unlawful actions of third parties aimed at violating work «GPSTaxiService».
7. Changes and additions
7.1 This Agreement is not final, may be amended and supplemented. The Provider undertakes to notify the Subscriber of any changes in the Agreement by e-mail or by contacting the support service on the official website of the Provider within at least 30 (thirty) calendar days before such changes take effect.