3.12. Considering that the Platform requires some time for signing on its side, the Partner should not expect immediate access to the next step - filling out the Directories - after signing the Contract from their side.
3.13. After the Agent's signature, the Partner should see a change in the Document status on the Platform, indicating that it has been counter-signed by the Platform.
3.14. The Agent has the right to establish additional requirements for registration and creating an Account on the Platform. These requirements may include providing an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations.
3.15. By registering an Account on the Platform, you confirm the accuracy of the provided registration data.
3.16. In case of identifying inaccurate registration data from the Partner or Customer, the Agent has the right to terminate access to the Platform Account and/or terminate any cooperation with the Customer or Partner.
3.17. The Customer or Partner undertake not to transfer the rights or access to their Account to third parties.
3.18. The Customer or Partner undertakes to use the Platform only for its intended purpose and in accordance with the stated conditions.4. Search for Agrotechnical resources and implementation4.1. The Customer conducts a search for Agrotechnical resources through the Personal Cabinet using the available search form on the Platform.
4.2. To initiate a search query, the Customer must fill out the search form, providing the following information:
● Number of hectares for processing
● Number of fields
● Dates for processing
● Type of treatment
● Application rate
● Service delivery address
4.3. After submitting the search query, the Customer receives the results of the Platform's search algorithm in the form of a list of Partners who have available Agrotechnical resources to provide services on the required dates.
4.4. The Customer selects a Partner to fulfill the Order based on the information provided by the Platform, including:
● Partner's name and logo
● Partner's ability to meet the needs of the Order through available Agrotechnical resources on the specified dates
● Partner's ability to fulfill the Order earlier by increasing the quantity of Agrotechnical resources
● Partner's ability to partially meet the needs of the Order
● Partner's location
● Cost of processing services (UAH per hectare)
● Cost of transportation services (UAH per kilometer)
● Cost of crew downtime (UAH per hour)
● Partner's rating on the Platform.4.5. If the Customer did not find available Agrotechnical resources for the desired dates, it means that all the Agrotechnical resources registered on the Platform are occupied during that time period. In such a case, the Customer needs to submit a request for other dates.
4.6. If the Customer specifically requires Agrotechnical resources for the desired dates, the Platform may inform the Customer (via email) about the availability of Agrotechnical resources for those dates**.
4.7. If the Customer has found the required Agrotechnical resources that fully or partially meet their needs, the Customer can place an Order.
4.8. The Order is considered an irrevocable offer, meaning it is a proposal to enter into a service agreement.
4.9. The created Order includes the following essential conditions:
1. The customer
2. Contact person of the Customer
3. Phone number
6. Processing dates
7. Processing area, Ha
8. Number of fields
9. Type of processing
10. Application rate, l/Ha
11. Address of provision of services
12. Number of crews
13. Productivity of crews per day, Ga
14. Number of working hours per day
15. Projected processing area, Ha
16. Processing cost, UAH/ha
17. Total cost of processing, hryvnias
18. Distance, km
19. Cost of transportation, hryvnias/km
20. Total cost of transportation, hryvnias
21. Cost of crew downtime per hour, hryvnias
22. Total cost of services
23. Name of the partner
24. Contact person of the partner
25. Phone number
26. Partner rating on FarmFleet4.10. By placing an Order, the Customer agrees to make all necessary payments, including any applicable taxes and fees.
4.11. To make a reservation, the Customer must sign the Service Agreement generated by the Platform using a Qualified Electronic Signature (KЕP) and any necessary attachments to it, and make a payment according to the amount and account specified in the Agreement.
4.12. For the organization of signing the Agreement (and other documents) on the Platform using KЕP, a specialized service provided by the State Enterprise "Diia" under the Ministry of Digital Transformation of Ukraine is used. The State Enterprise "Diia" is responsible for the operation of the state electronic services website - https://diia.gov.ua/.
4.12.1. After signing the Agreement (or other documents), the Customer or Partner has the option to download the signed documents to the hard drive of their computer for further storage.
4.12.2. All signed documents on the Platform are stored in the personal accounts of Users for the entire duration of their interaction with the Platform.
4.12.3. The validity of a document signed with a KЕP can be verified using the document verification service provided by the State Enterprise "Diia" at this link: https://id.gov.ua/verify
4.13. Reservation of Agrotechnical resources for an Order is made within 1 (one) hour after receiving the corresponding payment from the Customer to the Agent's settlement account during standard working hours: from 9:00 to 18:00.
4.14. Taking into account that the Platform preliminarily reserves Agrotechnical resources for 5 (five) hours, the Customer should understand that successful reservation depends on the following factors:● the time of signing the Agreement and its annexes● time of advance payment● the time of day when the Order is placed.The Customer may place an Order at any time, howevermore effectivedo it in the morning from Monday to Friday, depending on the timenecessary forsigning the Agreement and paying the corresponding payment.4.15. In case of late payment and unavailability of the Agrotechnical resources selected for the Order, the Customer has the option to cancel the Order and receive a refund of the advance payment within 5 (five) days from the cancellation of the Order.
4.16. Alternatively, the Customer can choose to cancel the Order and use the paid amount to pay for a new Order.
4.17. To expedite the payment and guaranteed use of the selected Agrotechnical resources for the Order, the Customer has the option to make an advance payment of any amount to the Agent's bank account and use these funds for quick reservation of Agrotechnical resources.
4.18. To make an advance payment for the quick reservation of Agrotechnical resources, the Customer needs to request an invoice from the Agent.
4.19. The Customer can view the balance of funds pre-paid for the reservation of Agrotechnical resources in the Wallet and, using its functionality, utilize them for quick Service reservations or withdraw funds from the Platform to their own account.
4.20. The Partner also has the option to use their Wallet to view the balance of funds in the Platform account and withdraw funds to their bank account when necessary.
4.21. The Customer and Partner are responsible for accessing the Internet to use the Platform. The Customer and Partner are responsible for acquiring and updating the devices or other equipment necessary to access the Platform. The Administrator does not guarantee the functioning of the Platform as a whole or any of its parts on specific devices or equipment.
4.22. The use of the Platform may experience interruptions or delays due to the functioning of the Internet network and electronic communication devices.5. Confirmation of the Order by the Partner.5.1. The Partner receives information about new Orders from the Agent through the functionality of the Platform.
5.2. The Partner receives information about the Order at the registered email address and via Viber on the registered mobile phone number.
5.3. If the Partner can fulfill all the essential conditions of the Order, they must confirm the Order within 3 hours of receiving it during standard working hours from 9 AM to 6 PM. The confirmation is done through the functionality of the Platform by signing the Order using an Electronic Digital Signature (EDS), which in this case serves as acceptance and confirmation of the acceptance of the Order for execution.
5.4. If the Partner receives the Order after 6 PM, they have the right to confirm the Order the next morning until 12 PM.
5.5. Considering that Customers expect prompt communication and response regarding their Orders from the Platform and the Partner, the Partner should make all reasonable efforts for timely Order confirmation.
5.6. If the Partner fails to confirm the Order within 3 hours of receiving it from the Platform, the Order will be canceled, and the Customer will need to search for alternative Agrotechnical resources.
5.7. The Agent has the right to refuse to provide Agent services to the Partner and terminate access to the Platform if the Agent, through the functional capabilities of the Platform, observes that the Partner has failed to confirm the Order three times in a row without providing an explanation for such actions.
5.8. After signing the Service Provision Agreement between the Agent and the Customer and the Customer's advance payment, the status of the Order in the Partner's Personal Cabinet changes to "Pending Execution."
5.9. The Partner has the right to change the Crews that were reserved for Order execution to similar ones in terms of productivity and qualifications if necessary, due to potential technical limitations or other reasons that require such changes.
5.10. The Partner is responsible for the current technical condition of the Agrotechnical resources used to provide the Services, their updated status on the Platform, performing necessary technical maintenance, preparing KNP (Key Performance Indicators) for qualified service provision, and complying with all necessary conditions.6. Terms of cancellation of the Order.6.1. Cancellation of an order due to adverse weather conditions:
6.2. The Platform informs the Customer about the weather conditions at the place of service provision six days before the scheduled service date. The weather data is obtained by the Platform from the Open Weather service (https://openweathermap.org) using API queries. If the weather forecast indicates adverse conditions:
● Wind speed exceeding 6 m/s throughout all the days scheduled for order execution,
● Air temperature exceeding 25°C throughout all the days scheduled for order execution,
● Precipitation occurring throughout all the days scheduled for order execution,
the Customer must make a choice by the end of the current day upon receiving the notification:
6.2.1. Cancel the Order and start searching for Partners with the necessary Agrotechnical resources for new dates. In this case, the funds paid towards the Order will remain in the Customer's account on the Platform.
6.2.2. Cancel the Order with a subsequent refund of all the funds paid for the Order.
6.2.3. The refund process takes place within 5 (five) banking days from the moment of canceling the Reservation and submitting a request for withdrawal of funds from the Platform.
6.3. Accept the risks of adverse weather conditions that may affect the quality, timelines, and cost of the Services, and proceed with the Order execution.
6.4. Cancellation of an Order without considering weather conditions:
6.4.1. The Customer and the Partner have the right to cancel the Order without considering weather conditions and without incurring a penalty, no later than 6 days before the start date of service provision.
6.5. If the Customer wants to cancel the execution of the Order less than 6 days prior, the Customer bears the responsibilities outlined in the Service Provision Agreement.
6.6. If the Partner wants to cancel the order less than 6 days before the service date, the Partner bears the responsibilities outlined in the Agency Agreement and the Service Provision Agreement.7. Provision of Services7.1. One day before the date of service provision, the Partner and the Customer, to their registered email addresses, receive a notification specifying the start time, duration of service provision, and information about other conditions for service provision.
7.2. The Customer or their Responsible Person is obligated to ensure all the conditions for service provision as defined in the Service Provision Agreement are met.
7.3. The Customer or their Responsible Person must monitor the process of service provision and inform the Manager of the Agricultural Service Enterprise (ASE) about any valid complaints regarding the quality of services or deficiencies as soon as they are identified. If the ASE Manager disagrees with the complaints or fails to rectify the deficiencies within the agreed-upon timeframe or refuses to address them, the Customer has the right to approach the Platform for the resolution of complaints and disputes.
7.4. At the end of each day, the Customer or their Responsible Person, together with the ASE Manager, must reconcile the actual volume of services provided during the day.
7.5. The ASE Manager can initiate the process of closing the daily volumes of services in their Personal Cabinet by filling out the required data and clicking the "Close the day" button. The Platform sends a notification to the Customer about the closure of the actual daily volume of services provided. The Customer or their Responsible Person must confirm the volume of services provided or provide their remarks before the end of the day in which they received the notification.
7.6. If the Customer or their Responsible Person agree with the results of the services provided, they click the "Confirm" button. If the Customer or their Responsible Person disagree with the results of the services provided, they mark "Initiate Arbitration" and complete the corresponding form.8. Provision of Services by two or more Partners8.1. The Customer has the option to place an order for services with two or more Partners.
8.2. In such a case, all actions specified in these Terms regarding service ordering, contract signing, payment, execution, and closure of the order must be carried out with each of the Partners.9. Resolution of disputes9.1. Remarks regarding the results of the service provision are recorded for review by the Agent, who manages the process of reviewing and resolving remarks concerning the results of service provision in cooperation with the Customer and the Partner.
9.2. Remarks regarding the results of the provided services must be reviewed and resolved no later than 3 (three) days after the completion date of the service provision.
9.3. Considering that unresolved disputes hinder the closure of the provided services and their subsequent payment, the Customer and the Partner must contribute to resolving the dispute as quickly as possible.
9.4. In the event of dispute resolution, the Agent closes the daily volume of services for which there were remarks, making necessary adjustments. The closure of the daily volume unlocks the possibility of closing the provided services as a whole and conducting settlements.10. Cost of Services. Settlement procedure. Purse User10.1. The Customer makes payments for the services in accordance with the cost of the services specified in the Service Agreement.
10.2. The cost of services includes value-added tax (VAT).
10.3. Payments for the services are made through non-cash settlement using electronic payment systems to the Agent's bank account or through Non-Acceptance debiting of funds from the Customer's Wallet, at the Agent's discretion. By placing an Order, the Customer agrees to the Non-Acceptance debiting of any funds (payment for services, deposits, advances, penalties, damages, etc.) from the Customer's Wallet.
10.4. The Partner grants the Agent the right to act as an agent for the purpose of collecting fees for the provided services, imposing penalties, applying taxes, and other payments made by the Customer through the functionality of the Platform.
10.5. To open a Wallet, the Customer needs to create an Account and deposit funds into the Wallet through payment terminals, non-cash settlement, or electronic payment systems to the Agent's bank account in an amount sufficient to place an Order. If the Customer transfers an amount to the Wallet that is less than the required amount to place an Order, the Administrator has the right to refuse the Order.
10.6. To guarantee the Customer's financial obligations, the Agent has the right to demand a security payment for the services. In the case of payment for services through Non-Acceptance debiting of funds from the Customer's Wallet, to guarantee the Customer's financial obligations, the Customer's funds at the time of accepting the Order until the Partner performs the Order are subject to a Hold in the amount determined by the Platform.
10.7. After the Customer accepts the services in accordance with the Agreement, the Hold on the funds is released, and the remaining funds necessary for the payment of services are non-acceptance debited from the Customer's Wallet. The Customer is required to deposit funds into the Wallet in an amount sufficient to pay for the services.
10.8. In case of an erroneous debiting of funds from the Customer's Wallet or erroneous Hold, the Customer has the right to contact the Agent with a notification of the erroneous debiting or Hold.11. Settings of Directories11.1. To manage Agrotechnical resources, to receive the opportunity to acceptOrder and provide Services using the functionality of the Platform, Partnermust fill out the Guides offered by the Platform.11.2. The form of the Handbooks and the procedure for filling them out is determined by the Administrator.11.1.1. Handbook of Drones● Registration cards must be filled out for each drone that the Partner hasplans to use to provide Services on the Platform (see Figure #1).● The partner is fully responsible for the relevance of the statuses of Drones inDirectory.● Names of manufacturers and models of drones are created by the Administrator.● If the Partner uses drones whose manufacturers and models are not registeredon the Platform, then the Partner has the right to contact the Administrator with a requestregarding inclusion in the Directory.● The request is made electronically and together with contact dataAn e-mail is sent to the partner who created the requestAdministrator - oi.teelfmraf%40ofni● The administrator must consider it as soon as possible (within 1-2 working days).and answer about consent to add additional data, or give a reasoned onerefusal in response to the Partner's request.11.1.2. Personnel Directory● It is necessary to fill out registration cards for each employee (seepicture #2).11.1.3. Directory of vehicles● Registration cards must be completed for each vehicle(see figure #3).● The partner is fully responsible for the relevance of Transport statusestools in the Handbook.● Company names of manufacturers and models of vehicles formAdministrator.● If the Partner lacks manufacturers and models of vehicles,The partner has the right to contact the Administrator with a request for inputchanges to the Directory.● The request is made electronically and together with contact dataAn e-mail is sent to the partner who created the requestAdministrator: oi.teelfmraf%40ofni● The administrator must consider it as soon as possible (within 1-2 working days).and respond to the consent to enter additional data or datesreasoned negative response to the Partner's request.11.1.4. Handbook of Crews● It is necessary to fill out the registration cards for each crew (see figureNo. 4) and indicate the productivity of the crew in hectares for 8 (eight) working hourstime● It is necessary to specify the Status of the Crew (Active, Inactive, Deleted fromplatforms).● The partner is fully responsible for the relevance of the statuses of Crews inDirectory.● Based on this status, the Platform uses or does not use thiscrew in search of resources to fulfill orders.11.1.5. Directory of Equipment Locations● It is necessary to fill out the registration cards for the location of the Crews (see figure#5).11.1.6. Service price guide● You need to fill out the Price List form (see picture #6), where you need to indicatethe cost of services in accordance with the application rate (ha) and the discharge rate of AZR (l/ha), ait is also necessary to indicate the cost of transport services (UAH/km) and the costcrew downtime (UAH/hour).● The cost of services is indicated without VAT.● In the future, the Platform itself will add VAT to services during formationOrder.● If the Partner does not have enough characteristics in the Price List structure, Partner has the right to contact the Administrator with a request to make changes toPrice guide.● The request is made electronically and together with contact dataAn e-mail is sent to the partner who created the requestAdministrator - .oi.teelfmraf%40ofni● The administrator should consider it as soon as possible (within 1-2 business days).and answer about consent to add additional data, or give a reasoned onerefusal in response to the Partner's request.11.1.7. Handbook of crew employment● It is necessary to fill out the Calendar form (see picture #7), in which to indicate thefor each crew, the days in the months in which the crews will be busy.● Days that are not marked as busy are automatically free for the Platform.● This is necessary for the Platform algorithm to have an opportunity in the processsearching for free Agrotechnical resources correctly choose free Crews.● In the process of using the Platform, the Calendar will be automatically updatedwith new data regarding the schedule of the Crews' load.11.2. The input of outdated or false information into the Directories leads to a significant deterioration in the performance of the Platform's algorithms and distortion of information for Customers. The Partner bears full responsibility for the accuracy and reliability of the data they enter into the Directories.
11.3. Upon discovering outdated or false information entered by the Partner in the Directories, the Administrator notifies the Partner and requests them to provide accurate and reliable information within 24 hours from the moment of receiving the notification.
11.4. In case the Agent identifies repeated instances of the Partner entering outdated or false information into the Directories, the Agent has the right to suspend access to the Platform Account and/or terminate any cooperation with the Partner.12. Intellectual property12.1. All rights to the Platform (content, technology, trademarks, trade dress, etc.) belong to the Administrator or its licensors.
12.2. Granting you access to the Platform does not mean that the Administrator relinquishes any rights to intellectual and industrial property objects, grants a license for their use, transfers them, or fully or partially assigns such rights.
12.3. It is prohibited to delete information on the Platform, modify, alter, copy, or process the Platform and other software available to you.
12.4. By uploading any information and/or materials to the Platform, you grant the Administrator a free, non-exclusive, worldwide license to copy, distribute, and reproduce the information and/or such materials, as well as the right to create derivative works and use them for other purposes.
12.5. The aforementioned license allows the Administrator to transmit (provide) your information and/or materials for the purpose of ensuring cooperation under these Terms. The Administrator has the right to delete or modify your information and/or materials for any reason, including if, in the Administrator's opinion, they do not comply with these Terms or other policies of the Administrator.
12.6. In case of violation of the provisions of this section, the Customer bears the responsibility as stipulated by these Terms and applicable laws.13. Liability13.1. The Platform and everything related to it is provided on an "as is" and "as available" basis. The Administrator does not guarantee the commercial or any other fitness of the Platform, compliance with the rights of third parties, or the achievement of results that are typically expected from the type of services provided through the Platform. Additionally, the Administrator does not guarantee uninterrupted or error-free access to the Platform. The Administrator is not responsible for the ability of the Customer to receive services or for the ability of the Partner to provide them since the use of the Platform depends on the behavior of Customers and Partners.
13.2. The Administrator, its representatives, directors, and employees are not liable for any damages or harm you may incur during or in connection with the use of the Platform.
13.3. The Customer agrees that in the event of non-compliance with the section "Service Cost. Payment Procedure. User Wallet" concerning the obligation to make timely payments, the Administrator has the right to suspend access to the Platform account until the payment is made. Blocking access to the Platform and terminating the agreement does not exempt the Customer from their financial obligations until they are fully fulfilled.