Public-offer

PUBLIC OFFER AGREEMENT

Multimed LLC (hereinafter referred to as the CONTRACTOR) represented by Director Oksana Oleksandrivna Yatsenko, acting on the basis of the Charter, hereby offers any individual (hereinafter referred to as the CUSTOMER) to conclude an Offer Agreement for the provision of services for holding an event, hereinafter referred to as the Agreement.

In accordance with Article 435 and Part 2 of Article 437 of the Civil Code of Ukraine (hereinafter referred to as the “CC”), in the event of acceptance of the conditions set out below and payment for the services, the person who accepts this offer becomes the CUSTOMER (In accordance with Articles 641, 642 of the CC, acceptance of the offer is equivalent to concluding an agreement on the terms set out in the offer).

Further in the text of the Agreement, the CUSTOMER and the CONTRACTOR may be jointly referred to as the Parties, and each separately as a Party.

In connection with the above, carefully read the text of this public offer and, if you do not agree with any point of the offer, in this case, the CONTRACTOR suggests that you contact him to discuss the possibility of concluding a personal agreement on separately negotiated terms.

Full and unconditional acceptance of a valid public offer is the payment by the CUSTOMER for the services offered by the CONTRACTOR. Payment for services is considered to be the receipt of funds to the current account.

1. GENERAL PROVISIONS

1.1. The subject of the Agreement is the provision by the CONTRACTOR of services for holding an event (hereinafter referred to as the Event) for the CUSTOMER. A detailed description of the Event is published by the CONTRACTOR on the website multimed.ua

1.2. Under this Agreement, the CONTRACTOR provides the following services:

– preparation of the Event program;

– development of an Event plan;

– holding the Event (including with the involvement of third parties);

– full organizational support for the Event.

1.3. The conditions, term (date), duration and place of the Event are discussed with the CUSTOMER by any of the electronic means of communication (viber, sms, whatsapp, telegram, Facebook, email, etc.) of the CONTRACTOR, which are indicated on the website multimed.ua

1.4. The CUSTOMER participates in the Event in person (in person) or in absentia

1.5. The CUSTOMER concludes this Agreement by sequentially performing the actions (acceptance of the public offer) specified in clause 1.6. of the Agreement.

1.6. To accept the Agreement, the CUSTOMER sequentially performs the following actions:

1.6.1. Reads the text of the Agreement;

1.6.2. Gets acquainted with the detailed information about the Event on the CONTRACTOR’s website;

1.6.3. Makes a request by any of the electronic means of communication (viber, sms, whats app, telegramm, Facebook, mail, etc.) of the CONTRACTOR, which are indicated on the website multimed.ua

1.6.4. Pays for the CONTRACTOR’s services.

1.7. This Agreement is considered concluded and enters into force for the Parties from the date of payment for the services by the CUSTOMER. Payment is made in the amount of at least 50% of the prepayment. The date of payment is considered the date of receipt of funds to the CONTRACTOR’s account.

2. CONDITIONS OF PARTICIPATION IN THE EVENT

2.1. To order an event, the CUSTOMER must determine the theme and main concept of the event on the website, as well as make an application using any of the CONTRACTOR’s electronic communication methods (viber, sms, whats app, telegramm, Facebook, mail, etc.) listed on the multimed.ua website

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. THE CONTRACTOR undertakes to:

3.1.1. Provide advisory support regarding the services provided, the procedure and rules for completing the Application by phone (067) 362 80 66 or by e-mail (e-mail address sales@multimed.com.ua)

3.1.2. Organize and hold the Event in accordance with the terms of its holding published on the multimed.ua website

3.1.3. Provide the CUSTOMER with the opportunity to participate in the Event in person (in person). The CUSTOMER may also transfer the right to participate in the Event to any third party of its choice, subject to full payment for the Event and mandatory written notification of the CONTRACTOR about the contact details of such person no later than 2 (two) business days before the start date of the Event, as well as subject to confirmation by the CONTRACTOR of the participation of such third party in the Event instead of the CUSTOMER.

3.1.4. In the event of changes in the conditions of the Event (price, date, venue and other changes), notify the CUSTOMER no less than 1 (one) calendar day before the entry into force of such changes.

3.1.5. Return the paid funds to the CUSTOMER in the event that the CONTRACTOR is unable to hold the Event for reasons beyond the control of the CONTRACTOR, except for cases specified in this Agreement.

3.2. The CONTRACTOR has the right to:

3.2.1. To conduct photo, audio and video filming during the Event and use the received materials at its discretion.

3.2.2. To unilaterally change the cost of its services, as well as other conditions for holding the Event, as well as the terms of this Agreement without prior agreement with the CUSTOMER.

3.2.3. To develop the program of the Event and determine the number and composition of speakers at the Event.

3.2.4. To refuse the CUSTOMER the provision of services in case of non-payment (partial payment) within the specified time limits, in case of violation of the rules of participation in the Event. The CONTRACTOR’s representatives also have the right to terminate the Event at any time if the CUSTOMER’s actions create inconvenience and also prevent the representative from holding the Event. In such a case, the ORDERER’s fundsNO ONE is refunded.

3.3. THE CUSTOMER undertakes to:

3.3.1. Independently and in a timely manner notify the CONTRACTOR of the date and time of the Event.

3.3.2. When purchasing the CONTRACTOR’s services, make an application using any of the CONTRACTOR’s electronic communication methods (viber, sms, whats app, telegramm, Facebook, mail, etc.) specified on the multimed.ua website, and also familiarize yourself with the rules for holding the selected Event approved by the CONTRACTOR and published on the multimed.ua website.

3.3.3. Pay for the selected Event on the terms and at the price applicable to this Event at the time of payment.

3.3.4. In the event of transferring the right to participate in the Event to a third party, no later than 2 (two) business days before the start of the Event, notify the CONTRACTOR of this and provide all the necessary data of the new participant in writing.

3.3.5. Notify the CONTRACTOR of changes in their contact (personal) data in writing within 24 hours from the moment of such changes.

3.3.6. Inform the CONTRACTOR electronically of the refusal to participate in the Event no later than 14 (fourteen) calendar days before the start of the Event, which entails the following:

– in the event of notification of refusal to participate in the Event more than 14 (fourteen) calendar days before the start of the Event, the funds paid by the CUSTOMER shall be returned by the CONTRACTOR in full.

– in case of notification of refusal to participate in the Event less than 14 (fourteen) calendar days before the start of the Event, the funds paid by the CUSTOMER are not returned by the CONTRACTOR. However, in such a case, the CONTRACTOR undertakes to provide the CUSTOMER with the opportunity to participate in subsequent events within the amount he paid.

– in case of failure to notify of refusal to participate in the Event, the funds are not returned by the CONTRACTOR.

3.3.7. Arrive at the Event exactly at the specified time, which is approved in electronic means of communication. In case of delay by the CUSTOMER, the funds paid are not returned and are not transferred.

3.4. THE CUSTOMER has the right:

3.4.1. Require the CONTRACTOR to comply with the terms of the Agreement.

3.4.2. To participate in the Events in person (in person) or transfer the right to participate to another person, subject to full payment for the Event and timely (no later than 2 (two) business days before the start of the Event) written notification of this to the CONTRACTOR.

4. LIABILITY OF THE PARTIES

4.1. In cases of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of Ukraine, taking into account the terms of this Agreement.

4.2. The CONTRACTOR shall not be liable in the event of improper provision of the service, if improper performance was a consequence of the unreliability, insufficiency or untimeliness of the information provided by the CUSTOMER, as well as as a result of other violations of the terms of this Agreement by the CUSTOMER.

4.3. The CONTRACTOR is not responsible for the non-compliance of the provided service with the CUSTOMER’s expectations and/or for his subjective assessment, such non-compliance with expectations and/or negative subjective assessment are not grounds for the return of the paid funds.

4.4. The CONTRACTOR is exempt from liability for full or partial failure to fulfill the obligations stipulated by this Agreement, if this failure was a consequence of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure).

4.5. In the event that the CUSTOMER, for reasons beyond the control of the CONTRACTOR, did not attend the Event and did not notify the CONTRACTOR of this within the terms specified in clause 3.3.6. of the Agreement, the service is considered to have been properly provided and the funds paid by the CONTRACTOR are not subject to refund

5. DISPUTE RESOLUTION

5.1. All disputes and disagreements that have arisen in connection with the performance of the Agreement shall be resolved by the Parties through negotiations. A mandatory claim procedure for resolving disputes is established. Before applying to court, the Party is obliged to send the other Party a written claim and only after the expiration of 15 (fifteen) calendar days from the date of its receipt by the other Party may file a claim with the court.

5.2. In the event of failure to reach an agreement between the Parties, all disputes shall be considered in court, in accordance with the legislation of Ukraine.

6. INTELLECTUAL PROPERTY

6.1. All information materials provided by the CONTRACTOR to the CUSTOMER during the Event, as well as photo, audio and video recordings made during the Event, are the intellectual property of the CONTRACTOR, all rights to which are protected by the legislation of Ukraine.

6.2. Illegal use (reproduction, distribution, import, public display, etc.) of the specified materials, information, works and educational manuals of the CONTRACTOR without the written consent of the latter entails civil, administrative and other liability in accordance with the current legislation of Ukraine.

7. OTHER CONDITIONS

7.1. This Agreement is valid until the Parties fulfill all obligations.

7.2. The information provided by the CUSTOMER, provided by electronic means of communication, is an integral part of this Agreement.

7.3. By concluding this Agreement, the CONTRACTOROVNYK consents to the collection and processing by the CONTRACTOR of the CUSTOMER’s personal data in accordance with the law of 27.07.2006 No. 152 “On Personal Data” and the regulations on this Event, approved by the CONTRACTOR and published on its website on the Internet. The processing of personal data also includes the performance of the following actions: processing (including collection, systematization, accumulation, storage, clarification (update, changes)), use and all other actions related to the goals and objectives of a specific event.

7.4. The CUSTOMER also agrees to the use of personal information about himself, his relationship with the CONTRACTOR, to the CONTRACTOR’s use of all information provided by the CUSTOMER about himself, his business, publication of materials about the fact of receiving services from the CONTRACTOR in the mass media – on television, radio, on the Internet, and printed publications, social networks, as well as the publication of the specified materials on the official website and social resources of the CONTRACTOR. The CONTRACTOR undertakes to stop storing and processing the CUSTOMER’s personal data if the CUSTOMER has notified him of such a need. The notification can be submitted in writing by e-mail to sales@multimed.com.ua.

7.5. By concluding this Agreement, the CUSTOMER consents to the CONTRACTOR taking photos, audio and video during the Event, including of the CUSTOMER himself, with the subsequent use of these photos, audio and video materials. In the event of the CUSTOMER’s disagreement with the granting of rights to use his images, he shall notify the CONTRACTOR in writing by e-mail to sales@multimed.com.ua no later than 3 business days before the Event.

7.6. In the event that any terms of the Event posted on the CONTRACTOR’s website multimed.ua or reflected in any information materials of the CONTRACTOR about the Event being held contradict the terms of the Agreement, the Parties shall be guided by the terms of the Agreement.

7.7. In all other respects not provided for by this Agreement, the relations of the Parties shall be governed by the current legislation of Ukraine.

7.8. The CUSTOMER confirms that all terms of this Agreement are understood by it and it accepts them unconditionally and in full.

8. INTERNATIONAL SANCTIONS AND ANTI-CORRUPTION PROVISION

8.1. The Parties hereby assure and guarantee each other that:

(a) the Party is not subject to sanctions of the UN Security Council, the Office of Foreign Assets Control of the US Treasury, the US Department of Commerce Bureau of Industry and Security, the US Department of State, the European Union, Ukraine, the United Kingdom or any other state or organization whose decisions and acts are legally binding (hereinafter referred to as the “Sanctions”); and

(b) the Party does not cooperate and is not connected by control relations with persons subject to the Sanctions;

(c) the Party carries out its business activities in compliance with the requirements of the Anti-Corruption Legislation.

Anti-Corruption Legislation means:

– any law or other regulatory act that implements or applies the provisions of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; or

– any provisions of the U.S. Foreign Corrupt Practices Act of 1977, as amended, or the U.K. Bribery Act 2010, as applicable to the Parties; or

– any similar law or other regulatory act of the jurisdiction (country) in which the Party is registered or carries out its business activities or the effect of which (or its individual provisions) applies to the Party in other cases;

(d) The Party complies with the requirements of the Anti-Corruption Legislation applicable to it and has implemented appropriate measures and procedures to comply with the Anti-Corruption Legislation;

(e) The Party and none of its affiliates, directors, officers, employees or any other persons acting on behalf of this Party have made any offers, granted authorizations or requests to provide or receive any improper/unlawful material benefit or advantage in connection with this Agreement, nor have they received them, and do not intend to do any of the above in the future, and the Party has taken all reasonable measures to prevent such actions from being taken by subcontractors, agents, or any other third party over whom it has some degree of control;

(e) The Party shall not use funds and/or property received under this Agreement to finance or support any activity that may violate the Anti-Corruption Legislation (including, but not limited to, by providing a loan, making a contribution/deposit or otherwise transferring funds/property to its subsidiary, affiliate, joint ventureor another person).

8.2. In the event of a Party’s breach of the above representations and warranties, such Party shall indemnify the other Party for all losses caused by such breach.

8.3. In the event of Sanctions being imposed on one of the Parties or the Party’s cooperation with a person subject to Sanctions, such Party shall immediately notify the other Party thereof and shall indemnify the latter for all losses caused to it by or in connection with the imposition of Sanctions on it or cooperation with a person subject to Sanctions.

8.4. Each Party shall have the right to unilaterally suspend the performance of its obligations under this Agreement or terminate this Agreement by giving written notice to the other Party if there are reasonable grounds to believe that a breach of any of the above representations and warranties has occurred or will occur. In this case, the Party that fraudulently exercised this right is exempted from any liability or obligation to compensate for penalties under the Agreement in connection with its failure to fulfill its contractual obligations and any costs, losses incurred by the other Party (directly or indirectly) as a result of such suspension/termination of the Agreement.

9. CONTRACTOR’S DETAILS

Limited Liability Company

“Multimed”

65058, Odessa, Shampansky St., building

2/1, apt. 84

EDRPOU 34930474

UA353204780000000026005259501 in the bank

PJSC JSB “Ukrgasbank”