Unbench publishes this Agreement (the “Agreement”), which sets out the terms of use of the Website on the Internet at https://www.unbench.us/ (the “Site”). This Agreement is a connection agreement for any individuals and legal entities, which is registered in the personal account using the site platform and is hereinafter referred to as "User".
According to the Agreement, the Unbench and the User of the site are also called together "Parties", and each separately "Party". Reading the text of this Agreement is an integral part of the registration process in the personal account of the User. The Unbench offers to conclude the Agreement with any individuals and legal entities. The contract is set out in a standard and unchangeable form for all in the form of a public offer, by accepting in general the following conditions:
1.1. Unbench is a set of software and information resources hosted at https://www.unbench.us/ on the Internet, available to the Unbench, and providing access to legal entities and individuals to information resources and services.
1.2. Personal account / account is a web interface in which the User of the site is registered and which belongs to the Unbench, to which User needs to log in using personal access identifiers (hereinafter - login (e-mail address) and password).
Data transfer for access to the personal account / account to persons other than the User's Agents is not allowed.
1.3. Registration is a procedure in which the User, by filling out the appropriate forms of the site, provides the necessary information for the use of site services that uniquely identify the User. Registration is considered completed only in case of successful completion of all this stages and acceptance by the User of the offer for concluding this Agreement.
1.4. The site administrator is a person authorized by the Unbench, who carries out measures for technical and software-technological support of the site operation, providing access to it.
1.5. Order is an order placed by the administrator or User on the site platform and contains the characteristics of the works and / or services that the administrator's customer or User wishes to receive.
The order may contain requirements for the contractor / service provider and any other information that the administrator deems appropriate to provide.
1.6. User – any individual or legal entity who has accepted the terms of this Agreement and uses the services of the Unbench.
The user is generally considered to be the person in whose name the personal account is registered.
1.7. The User's Agent is an authorized employee / representative of the User who may use the site on behalf of the User and represent their interests under this Agreement. Information about Agents The User notes in the personal account.
If the User uses the method of payment on behalf of another person to pay for the services under the Agreement, such person is considered to be the User's Agent.
1.8. The Unbench's service (s) is the Unbench's activity in providing the User with access to the information posted on the Site. The Service is considered provided, regardless of whether the User has used such access and such information, the results of their use. The Unbench does not provide services for the sale of databases that contain personal data.
2.1. By this Agreement, the Unbench offers the User the services of using the site to search for orders of software development, or related areas, communication with customers and determines the terms of use of the site.
2.2. The current version of the Agreement is available on the Internet at https://www.unbench.us/. Obligation of the User to follow the current version of the Agreement.
2.3. The rights and obligations of the Parties, the rules of use may also be contained in the materials posted on the site (or links on the site).
The Site may additionally set conditions for the use of certain services, packages of the Unbench's services and information. Such articles and materials are an integral part of the Agreement.
2.4. The Agreement and Private Policy may be changed by the Unbench without prior notice to the User. If the Unbench makes material changes to it, User will be provided with notice through the Services. User’s continued use of the Services after publishing or sending a notice about Unbench’s changes to these terms means that User is consenting to the updated terms as of their effective date. The new version of the Agreement shall enter into force upon this posting on the website at https://www.unbench.us/, unless otherwise provided by the new version of the Agreement.
2.5. The Agreement is concluded only by joining it as a whole by the User, by registering through a personal account on the site platform. The User who has indicated this intention to enter into the Agreement may not offer this terms.
2.6. By registering and paying the subscription fee, the User agrees to the terms of the Agreement, confirms that it is familiar with the Agreement, understands and accepts this terms.
2.7. By registering, the User confirms that it has full legal capacity and capacity to assume obligations under the Agreement and the results of using the site.
2.8. If the User registers on behalf of another person, it assures and guarantees that it has the legal authority to represent that person. If it turns out that the User does not have any authority to represent such a person, it is personally responsible for fulfilling the obligations under this Agreement, including payment.
2.9. The Unbench shall not be liable for any loss or damage caused by the Unbench's reliance on any instructions, notes, documents or notices that the Unbench rightly believes to be authentic and that come from Users and their Agents.
2.10. The User is responsible for all actions using this payment instrument, bank or other account, etc. as a method of payment under the Agreement, account, email address, mobile phone number, login and password.
2.11. The User has the right at any time to contact the Site Administrator with a request to unsubscribe from the personal account and terminate this Agreement.
2.12. The site administrator responds to the User's request within 48 hours. The exception is set for non-working hours (Saturday, Sunday, public holidays and non-working days in Ukraine, before 9 am and after 6 pm Kyiv time).
2.13. After unsubscribing and termination of this Agreement, the User is not entitled to use the services of the Site.
2.14. The use of content and any other elements of the services is possible only within the functionality offered by one or another service of the Site. No content elements of the Site's services, as well as any content posted on the Site's services, may be used in any other way without the prior permission of the copyright holder. By use is meant, including, but not limited to: reproduction, copying, processing, distribution on any basis, etc.
2.15. The user agrees not to use or run any automated system, including, without limitation, "robots", "web spiders" or "stand-alone readers", which accesses the site in a way that the servers used in the site, during more requests in a given period of time than a user can reasonably make in the same period using a standard public web browser.
2.16. All agreements on the execution of orders are concluded directly between the User and the Customer. Thus, the Unbench is not a party to the agreements between Users and Customers and is not responsible for the content of orders, but only provides a communication trading platform for placing orders.
2.17. In order to validate a company Unbench conducts a validation procedure of each User, including:
- Checking of User’s website
- Social Media Presence
- Online Reviews and Ratings
- Having a quick intro call in case it is needed.
Unbench has the right to limit the User's access to the Platform, if the User does not meet the Trust Criteria based on the results of the validation procedure. Unbench notifies the User of such limitation.
2.18. The site is available in most countries and regions. However, Google restricts access to some of this business services in certain countries or regions, such as the Russian Federation, the Republic of Belarus, Crimea, Cuba, the so-called Donetsk People’s Republic and Luhansk People’s Republic, Iran, North Korea, and Syria.
3.1. The User has the right to:
3.1.1. Use the Site in accordance with the terms of this Agreement.
3.1.2. Submit requests and receive information from the Site Administrator.
3.1.2. Submit requests and receive information from the Site Administrator.
3.1.3. Submit complaints about the work of the site through the means of communication specified on the Site, which will be considered within 24 hours, except during non-working hours, from the moment of their receipt or from the moment of receiving full information on the merthis of the complaint.
3.1.4. At any time, contact the Site Administrator to unsubscribe from the Site and terminate this Agreement.
3.2. The User obligates to:
3.2.1. Use the Site in accordance with the terms of this Agreement.
3.2.2. Maintain the confidentiality of the password and login and do not disclose / transfer them to persons other than the User's Agents.
3.2.3. Pay for the Unbench's services in accordance with the terms of the Agreement
3.2.4. Contact the Administrator immediately if he/she has reason to suspect that:
- this/her email address, phone number and password, login used to log in to the Site have been disclosed or may be used by third parties;
- a third party has gained access to this means of payment, accounts used as a method of payment under this Agreement;
- other Users violate the terms of this Agreement;
- Customers provide information in the orders that does not correspond to reality.
3.2.5. Do not use the Site:
- to the detriment of the Unbench, customers, and / or other Users of the site;
- for sending spam, as well as commercial offers that are not related to the services and the essence of the Site;
- for the distribution of virus programs.
- support and dissemination of information about the Unbench's services defined in clause 2.1., provided by the Unbench's competitors, namely information about similar bulletin boards, trading platforms.
3.2.6. Do not take actions that could lead to a disproportionately large load on the infrastructure of the Site.
3.2.7. Do not use automated programs to access the Site without the written permission of the Unbench.
3.2.8. Do not copy, reproduce, modify, distribute or disclose to the public any information contained on the Site (other than information provided by the User) without the prior written permission of the Unbench.
3.2.9. Do not interfere with or attempt to interfere with the operation of the Site, automated systems or processes on the Site.
3.2.10 Do not use the information provided by the customer for purposes other than to fulfill agreements directly with this customer.
3.3. The Unbench has the right to:
3.3.1. Make changes to the Agreement with the notification of users.
3.3.2. Change or stop, close the site services in whole or in part, modify, change, or remove any components of the site without notice.
3.3.3. Block the User's personal account if the User has provided inaccurate information about itself, violated the conditions of this Agreement and Privacy Policy.
3.3.4. Deactivate the User's personal account if the User showed no profile activity for 3 (three) months.
3.3.5. Use User email addresses to send messages.
3.3.6. Terminate the Agreement unilaterally and terminate the User's office in case the User violates the terms of this Agreement or the principles are published on the website.
3.3.7. Use the User's identifying characteristics in marketing or similar publications (such as, but not limited to Unbench’s marketing brochures, press releases, promotions).
3.4. The Unbench undertakes:
3.4.1. Provide access to the User through the personal account for orders on the site.
3.4.2. Post up-to-date information on communication with the Administrator on the site.
3.4.3. Notify the User about the block of this/her personal account in advance.
3.4.4. Make every effort to properly perform his duties under this Agreement, including the normal operation of site services.
4.1. The Unbench reserves the right to contact the User: send information messages to the e-mail address specified during registration, and send messages to the User's mobile phone.
4.2. The collection of information is carried out by the User independently indicating the relevant data required for registration in the personal account.
4.3. The technical information contained in the system, such as the IP address, in accordance with the general rules of Internet communications, is used by the Unbench for the purpose of servicing network equipment and to aggregate general statistical information.
4.4. The Unbench stores the data of the last access of the User to the system, in order to ensure high quality services that are adapted to the individual needs and interests of the User.
4.5. The user accesses the services of the site during periods of continuous use - sessions. The Registered User accesses the part of the site that is available only after entering their login and password, at least once during the session.
4.6. Disabling the storage of data on the last access to the system in the browser settings does not affect the ability to use the services of the site as a whole, but may limit their functionality for the User.
4.7. The use, processing and publication of User’s information is in accordance with the terms of Privacy Policy. The Unbench Services allow messaging and sharing of information in ways that are specified in Privacy Policy. User’s profile is visible to all Users of site Services. Information and content that User shares or posts may be seen by other Users. If the User wants to restrict this profile visibility he can restrict it on profile settings.
5.1. The fees and procedure of payment depends on the package of services of the Unbench, which will be selected by the User on the Unbench's website.
5.2. The User undertakes to familiarize itself with the prices for the Unbench's service packages (tariffs) and the procedure and terms of their payment.
5.3. You can use a Visa or MasterCard bank card to pay for the User's package.
5.4. To make a payment, the Unbench uses the payment platform Stripe official website at https://stripe.com/en-gb-us.
5.5. The Unbench uses an automatic prolongation of payments for service packages.
5.6. In case of non-payment of the service, including non-payment of the next payment, the Unbench reserves the right to transfer the User to Free Subscription / or terminate the Agreement unilaterally.
5.7. The Unbench reserves the right to change the amount, order of payment for services, introduce new service packages and terminate current packages.
5.8. The Unbench notifies the User of changes in the service packages seven (7) calendars days before such change by publishing the relevant information on the Site and / or by any other means of communication with the User, which he specified during registration. If the User does not agree with such a change, he has the right to terminate the Agreement in the manner prescribed by this Agreement.
5.9. In case of systematic (two or more times) violations of the terms of this Agreement, the funds paid by the User are not refunded.
5.10. In case of the User's request to terminate the Agreement, the funds paid for the current month will be refunded if the User did not show any activity on the platform within 3 days or OR did not exceed two free Candidate's submissions.
6.1. By using the services of the site, the User confirms this agreement that he/she uses the Site and this services at this own risk "as is", assesses and bears all risks associated with the use of orders placed on the Sites, and the Unbench, including this management, employees and agents are not responsible for the content of orders placed on the site, for any losses and losses resulting from the use of orders placed on the site.
6.2. The Unbench is not the organizer / initiator of agreements between the User and the customer. The site is a trading communication platform that allows the User to search for orders.
6.3. The Unbench is not liable for any damages resulting from the transaction or misconduct between Users and customers. All disputes and conflicts between Users and customers are resolved by them independently without the involvement of the Unbench.
6.4. The Unbench is not responsible for the completion of agreements between the User and the customer. The user assumes full responsibility for this/her actions.
6.5. If the User has claims against another User, the customer as a result of using the latest services of the site, the User agrees to make these claims independently and without interference from the Unbench, and exempts the Unbench (along with this affiliates, proxies and employees) from all requirements, liabilities, compensation for damages, costs (expenses), including attorneys' fees, known or unknown, resulting from, or in connection with such claims.
6.6. Inaction on the part of the Unbench in case of breach of the Agreement by the User does not deprive the Unbench of the right to take appropriate action to protect this interests later, and does not mean waiver of the Unbench's rights in the event of such violations in the future.
6.7. The Unbench is not liable for non-compliance with, or obstruction of, the obligations to provide access to the Site due to force majeure circumstances that cannot be avoided or overcome (such as government decisions, labor disputes, accidents, disruptions in the overall communications system, etc.).
6.8. The Unbench is not responsible for malfunctions caused by technical failures in the operation of hardware and software.
6.9. The Unbench is not responsible for any illegal actions beyond this control regarding unauthorized access to or unauthorized use of the Unbench's servers.
6.10. Under no circumstances shall the Unbench, this management, employees and agents be liable for direct, indirect damages or penalties of any nature (even if the Unbench has been warned of such damages) as a result of the use of the site and this services by the User, including without limiting the cases in which damage / harm is the result of the use or misuse of the site and this services.
6.11. Nothing in the Agreement shall be construed as establishing between the User and the Unbench an agency relationship, a joint venture relationship, an employment relationship, or any other relationship not expressly provided for in the Agreement.
6.12. The Unbench is not responsible for storing information from the personal account, the possibility of using the site services, storing and using the funds in the personal account of the User, in case of blocking / prohibiting the use of third-party services through which the User registers and / or login are beyond the control of the Unbench.
7.1. All objects available through the site's services, including design elements, text, graphics, illustrations, videos, computer programs, databases, website design along with basic program code and other objects, and also any content that is posted on the site at the time of approval of the Agreement, and will be posted in the future, is the subject of the Agreement and the property of the Unbench, unless otherwise stated on the website.
7.2. The use of content and / or any elements of the site is allowed only in the framework of using the functionality, services of the site. No content or element of the site may be used in any other way without the consent of the copyright holder.
8.1. This Agreement enters into force from the moment of registration of the User in the personal account, the date of the agreement is the date of registration of the person in the personal account, and is valid during the existence of the site at the address specified in paragraph 1.1.
8.2. The User has the right to request the Administrator to terminate this registration on the Site and terminate the Agreement unilaterally.
8.3. If the Unbench has made any changes to the Agreement in the manner with which the User does not agree, he is obliged to ask the Administrator to terminate this registration on the site and terminate the Agreement unilaterally. The fact of continuing to use the sites is a confirmation of the User's consent to the relevant version of the Agreement.
8.4. Termination of the Agreement by the Unbench may occur in the following cases:
- violation by the User of the provisions of this Agreement or the principles of cooperation, which are published on the site, causing any damage to the Unbench, including this reputation, or other users, customers;
- not to pay the User for the package of services (not to make the next payment);
- taking other actions that are contrary to the Unbench's policy.
9.1. In order to improve the quality of services provided on the site, and in order to comply with legal requirements and respond to changing market conditions, this Agreement and Privacy Policy may be amended unilaterally by the Unbench. If the Unbench makes material changes to it, User will be provided with notice through the Services. User’s continued use of the Services after publishing or sending a notice about Unbench’s changes to these terms means that User is consenting to the updated terms as of their effective date.
The new version of the Agreement shall enter into force upon this posting on the Internet at the address https://www.unbench.us/, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always on the page at the address specified in paragraph 2.2. Agreement.
10.1. Information messages intended for a wide range of Users are published on the Site and /or sent to the e-mail addresses of Users.
10.2. In the event of disputes and disagreements between the Parties under this Agreement, the Parties undertake to resolve them through negotiations. If any disputes, disagreements or claims arising in connection with this Agreement, including those related to this implementation, violation, termination, or invalidity, cannot be resolved through negotiations, these disputes shall be resolved in accordance with applicable law in court order at the location of the Unbench.
10.3. This Agreement is governed by and construed in accordance with the laws of Florida state, US. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Florida state, US. All possible disputes arising from the relations regulated by this Agreement shall be resolved in accordance with the procedure established by the legislation of Florida state, US.
10.4. According to the text of this Agreement, unless otherwise specified, the terms "applicable law", "applicable law" means the legislation of Florida state, US.
10.5. Recognition by the court of any provision of the Agreement invalid or that is not subject to enforcement does not entail invalidity or non-compliance with other provisions of this Agreement.
LIMITED LIABILITY COMPANY «KITRUM»
Juridical address:
401 East Jackson Street Suite 3300, Tampa, FL 33602, United States.
EIN 36-4903449
