ACCESSION AGREEMENT
to the INBULK.COM online platform
Limited Liability Company “INBULK.COM” (EDRPOU code 46091188), operating in accordance with the legislation of Ukraine, represented by Romaniv Oleksandr Volodymyrovych, acting on the basis of the Charter (hereinafter — Company or INBULK.COM Platform), on the one hand,
and an individual, individual entrepreneur, or legal entity that has expressed an intention to use the Platform’s services and has accepted the terms of this Agreement by completing the registration procedure in the “INBULK.COM” information and telecommunications system, operating at the web address https://inbulk.com , in the mobile application app.inbulk.com, as well as in any other digital services of the Company intended for commercial transactions between companies (hereinafter — User), on the other hand,
hereinafter collectively referred to as Parties, have entered into this Accession Agreement to the INBULK.COM online platform (hereinafter — Agreement) in accordance with Articles 205, 207, 634, 638, 641, and 642 of the Civil Code of Ukraine, as follows.
Important: This Agreement is an official offer and is concluded by the User’s accession to its terms in full through the registration procedure on the Platform.
1. GENERAL PROVISIONS
1.1. Nature of the agreement
This Agreement is an official offer of LLC “INBULK.COM” (EDRPOU code 46091188, hereinafter — Company) to enter into an accession agreement with an individual, individual entrepreneur, or legal entity (hereinafter — User) who wishes to gain access to the functionality of the INBULK.COM Platform.
The Agreement contains all essential terms necessary for the provision of services through the Platform.
1.2. Accession agreement
This Agreement is an accession agreement within the meaning of Article 634 of the Civil Code of Ukraine and is concluded by the User’s accession to its terms in full, by completing the registration procedure on the INBULK.COM Platform at the official website: https://inbulk.com .
1.3. Acceptance of offer
Upon acceptance of the terms of this Agreement, the User confirms their intention to enter into the Agreement (acceptance of offer) by registering on the INBULK.COM Platform through the official website https://inbulk.com .
From the moment of successful registration, the User acquires the status of registered User of the Platform.
After completing identification, the User is considered to have accepted the terms of this Agreement and all its appendices in full, without any reservations or exceptions.
1.4. Use at own risk
The User uses the INBULK.COM Platform at their own risk. The Company provides access to the Platform in the state and scope of functionality in which it exists at the time of use, without any warranties or obligations regarding compliance with the User’s expectations.
The Company is not liable for any consequences of using or inability to use the Platform, except in cases expressly provided for by the current legislation of Ukraine and this Agreement.
1.5. Components of the agreement
This Accession Agreement is concluded in accordance with the terms defined by the Company and consists of:
- the text of this Agreement;
- Rules for Using the INBULK.COM Platform — https://help.inbulk.com/terms ;
- Privacy Policy — https://help.inbulk.com/privacy-policy .
The specified documents are integral parts of this Agreement. Terms used in this Agreement have the meanings defined in the Rules for Using the INBULK.COM Platform and the Privacy Policy, unless otherwise expressly provided for in this Agreement.
1.6. Changes to agreement terms
The Company has the right to unilaterally change the terms of this Accession Agreement, including its version, by publishing an updated version on the Internet at the web address https://help.inbulk.com/terms .
The User confirms that they are aware of the possibility of such changes and undertakes to independently monitor the current version of the Agreement.
Important: Continued use of the INBULK.COM Platform after the publication of changes means the User’s unconditional acceptance of the new version of the Agreement (acceptance of updated terms).
2. SUBJECT OF THE AGREEMENT
2.1. Provision of access to services
The Administrator provides the User with access to the online services of the INBULK.COM Platform, with the right to use its information and telecommunications system in accordance with the functional purpose of the Platform, namely — to ensure electronic interaction between participants in the raw materials market, including but not limited to:
- manufacturers, traders, buyers;
- elevators, terminals, ports;
- logistics and forwarding companies;
- laboratories;
- insurance companies, banks, and other financial institutions;
for the purpose of trading agricultural products and other raw materials (including fuel and lubricants, mineral fertilizers, metals, coal, chemical raw materials, primary processing products, etc.); for organizing transportation, providing related services, and exchanging commercial information between users.
2.2. Role of the Platform
The INBULK.COM Platform is not a party to legal transactions (contracts, agreements, arrangements) concluded between Users and bears no responsibility for their content, validity, performance, or consequences of non-performance of such legal transactions.
All legal transactions between Users are concluded by them independently, including through:
- electronic exchange of documents;
- commercial proposals;
- acceptance of offers;
- performance of other actions that, in accordance with the legislation of Ukraine, indicate the parties’ intention to enter into a contract.
The Platform performs exclusively the function of a technical intermediary (information and telecommunications environment) to ensure electronic interaction between Users, without participation in the content of their arrangements and without interference in the business activities of the parties to such legal transactions.
2.3. Opportunities for the User
The Platform Administrator provides the User with the opportunity to:
- Create, post, view, and edit commercial proposals, applications, contracts, and other documents available through the Platform’s functionality;
- Participate in trading, negotiations, and information exchange in online mode;
- Use integrated services of the Platform (in particular, logistics services, transportation, documentary support, as well as financial services, etc.);
- Receive information support and technical assistance on Platform operation issues.
2.4. Payment terms
Basic access to the Platform and its basic functionality is provided to the User free of charge during a trial period, the duration of which is determined by the Platform.
After the trial period ends, the User gains access to paid services of the Platform under the terms determined by the Platform.
The Platform has the right to establish two methods of payment for using paid services, which are described in detail in the section “Payment for Platform Services and Settlements”. The list of additional services, the procedure for their provision, and payment terms are regulated by this Agreement and the rules posted on the Platform’s website.
2.5. Terminology
Terms used in this Agreement have the meanings defined by the legislation of Ukraine, in particular:
- Law of Ukraine “On Electronic Documents and Electronic Document Management”;
- Law of Ukraine “On Electronic Identification and Electronic Trust Services”;
- Rules for Using the INBULK.COM Platform.
2.6. Registration and access
The User’s use of the INBULK.COM Platform and related online services is carried out through a personalized account (“Personal Cabinet”), access to which is provided after completing the registration procedure.
Registration can be carried out in two ways:
- Through the Platform’s website at https://inbulk.com ; or
- Through the official INBULK.COM mobile application, distributed in App Store and Google Play stores.
The registration procedure includes:
- filling out an electronic registration form;
- providing accurate personal or corporate data;
- confirmation of contact details (email and/or phone number);
- acceptance of the terms of this Agreement and the Rules for Using the INBULK.COM Platform.
The moment of conclusion of this Agreement is the fixation of the User’s electronic acceptance, confirmed by the corresponding record in the Platform’s system.
After successful registration, the User gains access to the Platform’s functionality, in particular to the ability to:
- conduct commercial operations;
- post commercial proposals, applications, documents;
- organize logistics processes;
- exchange commercial information with other users;
- use other services provided by the Platform.
Important: The User bears full responsibility for the accuracy of data provided during registration, for maintaining the confidentiality of identification data for accessing the Personal Cabinet, as well as for all actions performed by them or on their behalf through the Platform, regardless of whether they were performed through the website or mobile application.
3. TERMS OF ACCESS TO PLATFORM ONLINE SERVICES. USER REGISTRATION
3.1. Provision of documents
The User is obliged to provide the Administrator with accurate identification information and documents necessary for:
- registration;
- identity confirmation (in case of an individual);
- confirmation of status and authority (in case of a legal entity or individual entrepreneur).
The provision of documents is carried out in accordance with the requirements of the current legislation of Ukraine, as well as the Rules for Using the Platform in effect at the time of conclusion of this Agreement. The list, format, and method of submitting documents are determined by the Administrator.
3.2. Data accuracy
The User confirms that all information provided by them is accurate, current, complete, and not misleading.
In case of any changes to the submitted data (location, details, representative powers, organizational and legal form, bank accounts, etc.), the User is obliged to immediately, but no later than 3 (three) business days from the moment such changes occur, notify the Administrator in writing with the provision of supporting documents.
3.3. Right to verification
The Administrator has the right to verify the accuracy of information provided by the User, including by:
- requesting additional information or documents;
- verification through open state registers.
3.4. Verification methods
The Administrator verifies the accuracy and currency of documents and data provided by the User through:
- Automated verification through open state registers and official databases;
- Requesting additional documents or explanations from the User;
- Identity confirmation of the User through electronic identification, including using a qualified electronic signature (QES);
- Verification of payment details and execution of a verification bank payment;
- Visual verification of documents uploaded to the User’s profile;
- Verification of business reputation and availability of information about the User in public sources regarding court decisions, sanctions, bankruptcy procedures, or cessation of activities.
Responsibility for the accuracy, completeness, and currency of all provided documents and information lies solely with the User.
3.5. Participation in trading
A User who plans to use the INBULK.COM Platform to participate in electronic trading of raw materials (in particular, agricultural products, fuel and lubricants, mineral fertilizers, metals, coal, chemical raw materials, primary processing products, and other resources), conclude commercial agreements, post proposals for buying, selling, or providing services, as well as carry out activities related to logistics, forwarding, transportation, information support, search and organization of financing and insurance of goods and operations between market participants — manufacturers, traders, buyers, elevators, terminals, ports, logistics and forwarding companies, insurance companies, banks, and other financial institutions — is obliged to comply with the terms of this Agreement, the Rules for Using the INBULK.COM Platform, and the requirements of the current legislation of Ukraine.
3.6. Consequences of violation
In case of the User providing inaccurate, incomplete, or false data, as well as in case of non-compliance with requirements defined by the Rules for Using the Platform or this Agreement, the Administrator has the right to:
- Deny the User access to trading, individual functions, or services of the Platform;
- Temporarily suspend or restrict the User’s access to the account until violations are eliminated;
- Annul the results of trading, agreements, or operations concluded in violation of established requirements or rules;
- Delete or block information posted by the User on the Platform if it contradicts legislation, the terms of this Agreement, or causes harm to the Platform’s reputation or other Users;
- Apply to competent authorities in case of detection of signs of fraud, unlawful actions, or violation of legislation;
- Terminate this Accession Agreement unilaterally without compensation for any costs or losses of the User;
- Refuse re-registration of the User in case of annulment or blocking of their account;
- Apply penalty sanctions to the User in cases provided for by this Agreement, in particular in the section “Liability of the Parties”.
Important: The Administrator is not liable for the loss of the opportunity to participate in trading, denial of access to it, annulment of results, or other consequences caused by such actions (inaction) of the User.
4. PAYMENT FOR PLATFORM SERVICES AND SETTLEMENTS
4.1. Trial period
Access to the INBULK.COM Platform is provided on the terms of a trial period lasting ____ calendar days, during which the User has the right to use the Platform’s basic functionality free of charge for the purpose of familiarizing themselves with its capabilities.
4.2. Paid services
After the trial period ends, the User is obliged to pay for services provided by the INBULK.COM Platform in accordance with the tariffs and payment rules established by the Company.
Payment for Platform services is made on a paid basis through non-cash settlements in the manner defined by this Agreement and provides for payment for:
- the User’s participation in electronic trading and conclusion of commercial agreements through the Platform;
- use of the Platform’s functionality under a paid subscription;
- use of additional Platform services, in particular services for searching, organizing, and coordinating transportation, transshipment, financing, insurance, analytical support, as well as other services related to the execution of commercial, logistics, financial, or information operations between Users.
The amount, procedure, terms, and conditions of payment are determined in accordance with the tariffs in effect at the time of service provision, published on the INBULK.COM Platform.
The fact of using the Platform after the trial period ends confirms the User’s unconditional agreement with the payment terms and current tariffs.
4.3. Calculation of remuneration
Based on the results of each calendar month, the Administrator calculates the Platform’s remuneration as a percentage of the volume of the User’s participation in trading — ___ % of the total value of agreements concluded by the User or proposals accepted by them.
Based on the results of such calculation, the Platform generates an invoice, which is sent to the User at the email address specified during registration or displayed in the Personal Cabinet.
The User is obliged to pay the invoice within three (3) banking days from the date of its issuance, by:
- transferring funds to the Platform’s current account;
- or using the User’s electronic account (internal balance) on the Platform.
4.4. Payment delay
Non-receipt of payment within the established period is grounds for temporarily restricting the User’s access to the Platform’s functionality until full repayment of the debt.
4.5. Prepayment
Certain Platform services (in particular, subscription, analytical or special functions, services for searching and organizing transportation, financing, insurance, etc.) are provided exclusively on prepayment terms.
The User can purchase a paid subscription to use the Platform for a period of:
- one (1) month;
- six (6) months;
- twelve (12) months;
in accordance with the current tariffs published on the website https://help.inbulk.com/tariffs (hereinafter — Platform Tariff Section).
Payment is made in non-cash form by:
- transferring funds to the Platform’s bank account; or
- through payment services available on the Platform; or
- by debiting funds from the User’s internal balance (electronic account).
The Platform has the right to independently generate an invoice for payment or replenishment of the User’s electronic account.
The subscription term is calculated from the moment funds are credited to the Platform’s account or debited from the internal balance.
4.6. Moment of payment
Payment is considered made from the moment funds are credited to the Platform’s current account or a successful transaction is displayed in the Platform’s electronic payment system.
4.7. Currency of settlements
All payments under this Agreement are made in the national currency of Ukraine — hryvnia (UAH).
For non-resident Users registered outside Ukraine, payment may be made in US dollars (USD) or euros (EUR) in accordance with the requirements of Ukraine’s currency legislation and principles of international trade.
In case of payment in foreign currency, conversion to hryvnia is carried out at the official exchange rate of the National Bank of Ukraine on the date of crediting funds to the Platform’s account or at the exchange rate of the payment service processing the payment, depending on the technical conditions of the operation.
All banking commissions, conversion fees, or other transaction costs are borne by the User.
Registration and identification of non-resident Users who do not use a qualified electronic signature (QES/EDS) is carried out in accordance with the provisions of the UN Convention on the Use of Electronic Communications in International Contracts (New York, 2005) and general principles of private international law.
4.8. Tariffs and changes
Detailed tariffs, paid subscription terms, and service payment rules are posted in the Platform Tariff Section (www.inbulk.com/tariffs ) and are an integral part of this Agreement.
The Platform has the right to unilaterally change tariffs, settlement procedures, list, and cost of services without prior notice to the User.
Updated tariffs take effect from the moment of their publication in the corresponding section of the Platform’s website.
Important: The User independently bears responsibility for regularly reviewing changes to tariffs and the Rules for Using the Platform. The fact of continued use of the Platform after changes are made is considered unconditional acceptance of such changes.
5. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
5.1. General liability
For non-performance or improper performance of their obligations under this Agreement, the Parties bear liability in accordance with:
- the terms of this Agreement;
- the Rules for Using the INBULK.COM Platform;
- the current legislation of Ukraine.
5.2. User liability for access
For any unauthorized actions on the INBULK.COM Platform performed using the User’s name (login) and/or password, full liability to the Administrator and other participants is borne by the User.
5.3. Technical failures
The Administrator of the INBULK.COM Platform is not liable for violations or failures in information exchange that arose due to:
- malfunction of telecommunications networks;
- power outages;
- technical problems in the web portal;
- incompatibility of the User’s software and hardware complex with technical requirements for working on the Platform.
5.4. Inaccurate data
In case of the User providing inaccurate data or documents during registration and/or identification, the Administrator is not liable for any consequences that may arise in connection with this.
5.5. Payment delay
In case of the User violating payment terms, the Platform has the right to immediately suspend or restrict the User’s access to the Platform’s functionality until full repayment of the debt.
In case of delay in fulfilling monetary obligations for more than 30 (thirty) calendar days, the Platform has the right to charge the User a penalty not exceeding double the accounting rate of the National Bank of Ukraine, from the amount of the overdue payment for each day of delay.
Charging a penalty does not release the User from the obligation to pay the principal amount of the debt and does not limit the Platform’s right to demand compensation for documented losses caused by violation of payment terms.
5.6. Refusal of confirmed order
Confirmation of an order by the User through the Platform’s functionality is an action indicating their intention to enter into a legal transaction with the counterparty specified in the corresponding order.
In case of groundless refusal by the User of a confirmed order, the Platform has the right to:
- suspend or restrict such User’s access to the Platform’s functionality;
- demand compensation for documented losses caused by such refusal, including costs for administration, moderation, and organization of trading.
Such confirmation of an order may be used by the Platform as proper evidence of the User’s expression of will to enter into the corresponding contract with the other party.
5.7. Unauthorized interference
In case of unauthorized interference by the User in the Platform’s operation, distortion or manipulation of data, creation of fictitious orders, misleading other users, or committing other actions that led or could lead to harm to other users or the Platform, such User is obliged to compensate all damages caused, including:
- actual damages;
- lost profits;
- reputational losses.
The Platform has the right to permanently block the violator’s account and terminate the provision of any services under this Agreement.
5.8. Force majeure
Neither Party bears liability for full or partial non-performance of their obligations under this Agreement if such non-performance was a consequence of force majeure circumstances that arose after its conclusion and which the Party could not foresee or prevent by reasonable measures.
Force majeure circumstances include, in particular:
- fires, floods, earthquakes;
- military actions, terrorist acts;
- decisions of state authorities;
- strikes, blocking of transport routes;
- cyberattacks, technical failures caused by external factors, etc.
The fact of occurrence of force majeure circumstances is confirmed by a document issued by the Chamber of Commerce and Industry of Ukraine or a competent authority of the state in whose territory such events occurred.
If force majeure circumstances occurred outside Ukraine, a document issued by a competent authority of the corresponding foreign state is recognized as proper confirmation of such circumstances provided it is legalized or certified with an apostille (unless otherwise provided by international treaties of Ukraine).
Force majeure circumstances suspend the performance of the Parties’ obligations for the duration of their effect, but do not release from performance after their termination.
5.9. Pre-trial settlement
All disputed issues arising between the Parties during the conclusion, performance, or termination of this Agreement are resolved, first of all, through negotiations between them, using dispute resolution mechanisms provided for in the Rules for Using the INBULK.COM Platform, posted at: https://help.inbulk.com/terms .
5.10. Arbitration
In case of failure to reach agreement through negotiations, the dispute is subject to resolution through arbitration (arbitral) proceedings in accordance with the legislation of Ukraine, unless otherwise provided by separate terms of the Agreement or the Rules for Using the Platform.
5.11. International arbitration
By agreement of the Parties or in cases expressly provided for in the Rules for Using the Platform, the dispute may be submitted for consideration by international commercial arbitration or a competent court of a foreign state, if this corresponds to the nature of legal relations between the Parties and does not contradict mandatory norms of the legislation of Ukraine.
5.12. Arbitration support
The Company (INBULK.COM Platform) may provide parties with assistance in organizing and supporting arbitration proceedings for disputes arising from commercial operations conducted through the Platform, within the limits defined by the Rules for Using.
6. TERM OF THE AGREEMENT
6.1. Entry into force
This Agreement enters into force from the moment of its conclusion, which occurs by:
- signing it by the Parties; or
- acceptance by the User of the public offer of the Administrator of the INBULK.COM Platform;
and is concluded for a term of one (1) year.
6.2. Automatic renewal
This Agreement automatically continues (renews) for each subsequent year on the same terms, unless either Party notifies the other Party of the intention to terminate its effect no later than 30 (thirty) calendar days before the expiration of the current term of its effect.
The Agreement remains in effect until the Parties fully fulfill their obligations under it.
In case the term of this Agreement expires and its effect has not been renewed, the Platform has the right to suspend or completely terminate providing the User with access to the services and functionality of the INBULK.COM Platform, including the “Personal Cabinet”, until the Agreement’s effect is restored or a new accession agreement is concluded.
6.3. Early termination
This Agreement may be terminated early:
- by mutual agreement of the Parties; or
- at the initiative of one of the Parties in cases provided for by this Agreement and the Rules for Using the INBULK.COM Platform.
6.4. Obligations after termination
Termination of this Agreement does not release the Parties from fulfilling obligations that arose before the moment of such termination, including:
- obligations to pay penalty sanctions;
- compensation for damages;
- other payments provided for by this Agreement.
7. FINAL PROVISIONS
7.1. Current version
The current version of this Agreement and a link to the current version of the Rules for Using the INBULK.COM Platform are posted in open access on the official website of the Platform Administrator.
The User is independently obliged to review updates to the Agreement and the Rules for Using and independently monitor changes.
7.2. Making changes
The Administrator has the right to unilaterally make changes and/or additions to this Agreement, as well as to the Rules for Using the INBULK.COM Platform.
Such changes take effect from the moment of their publication on the official website of the Platform, unless otherwise specified in the corresponding notice.
Important: Continued use of the Platform after the publication of changes means the User’s full and unconditional agreement with the updated terms.
7.3. Confidentiality
Transfer of personal data to third parties is allowed only in cases provided for by the legislation of Ukraine, or with the prior consent of the corresponding Party.
7.4. Personal data protection
The Administrator ensures confidentiality and protection of personal data in accordance with the Law of Ukraine “On Personal Data Protection” and takes necessary organizational and technical measures to prevent their unauthorized access, modification, disclosure, or destruction.
7.5. International data protection standards
In case of processing personal data of users who are non-residents of Ukraine or transferring data abroad, the Company undertakes to comply with the principles and requirements of international acts in the field of personal data protection, including Regulation (EU) 2016/679 (GDPR), within the limits necessary for proper performance of this Agreement.
7.6. Privacy policy
The procedure for collecting, processing, storing, using, and protecting Users’ personal data is regulated by the Privacy Policy, posted on the Platform at: https://help.inbulk.com/privacy-policy .
By using the Platform, the User confirms that they have read the Privacy Policy and provides consent to the processing of their personal data in the manner provided for by this document.
By confirming acceptance of this Agreement, the User confirms that they have been informed about the rights provided for in Article 8 of the Law of Ukraine “On Personal Data Protection” and provides voluntary consent to their processing within the limits defined by this Agreement.
7.7. Consent to data processing
By accepting (agreeing to) the terms of this Agreement, the User as a data subject provides the Administrator with clear and unambiguous consent to the processing of their personal data for the purpose of:
- confirming the authority of the user or their representative;
- concluding, performing, modifying, and/or terminating this Agreement;
- maintaining accounting, tax, and financial reporting;
- ensuring the implementation of legal relations arising between the User and other participants of the Platform;
- ensuring proper functioning of the Platform, including displaying (publishing) identification data of the user or their representative within the INBULK.COM system in cases where this is necessary for the implementation of commercial or service operations.
7.8. Information messages
By accepting the terms of this Agreement, the User also provides consent to receive information messages from the Administrator (including calls, SMS, push notifications, emails) for the purpose of:
- registration, authorization;
- confirmation of operations;
- notification of changes in orders;
- updates in the Platform’s operation;
- sending information that may be useful to the User.
7.9. Electronic documents
The Parties to this Agreement recognize documents created, signed, or exchanged in electronic form using a qualified electronic signature (QES), electronic seal, or other means of electronic identification provided for by the legislation of Ukraine or international standards, as having full legal force and being equivalent to documents in paper form.
An electronic document cannot be declared invalid solely due to the absence of its paper equivalent or handwritten signature.
In case of interaction with non-resident Users, the use of foreign means of electronic signature or authentication is allowed, which are recognized in accordance with international treaties or practices of electronic document management.
7.10. Legal force of actions on the Platform
The User confirms that any actions performed by them through the Platform, including:
- publication of orders or commercial proposals;
- posting applications for purchase or sale of goods or services;
- interaction with other users of the Platform;
- confirmation or acceptance of commercial terms;
have full legal force and create obligations of the User to other users or counterparties within the scope of these actions.
7.11. Obligations regarding orders
In case another user is found through the platform and they meet the order conditions, the User is obliged to enter into the corresponding contract on the order terms.
Even if an official contract is not signed electronically or in paper form, preliminary arrangements and actions confirmed through the Platform have full legal force and are binding on the parties, including payment, delivery of goods, and provision of services.
7.12. Documents with legal force
Documents and actions that have legal force on the Platform include, in particular:
- orders, applications, commercial proposals;
- notifications of confirmation of participation in trading;
- documents created in electronic form through the Personal Cabinet;
- electronic contracts or agreements created in the process of commercial operations on the platform.
7.13. Priority of electronic form
The priority form for drafting, signing, sending, and storing documents between the Parties is the electronic form.
The Parties agree that documents signed by applying QES or created and confirmed through the INBULK.COM Platform functionality have equal legal force with documents executed in written (paper) form.
7.14. Document exchange
Exchange of electronic documents between the Parties is carried out using means provided by the INBULK.COM Platform or other electronic communication channels agreed upon by the Parties.
Each Party is obliged to ensure proper storage of their own electronic documents and evidence of their sending and receipt.
7.15. Date of signing
The date of signing an electronic document is determined by the date recorded in the qualified electronic signature or the Platform’s system message.
Such date is considered the official date of the legal transaction between the Parties.
7.16. Standard supply contracts
The INBULK.COM Platform provides the ability to automatically generate and use standard supply contracts depending on the selected delivery terms in accordance with Incoterms 2020 rules, in particular:
- for EXW (Ex Works) terms — https://help.inbulk.com/contracts/exw
- for FCA (Free Carrier) terms — https://help.inbulk.com/contracts/fca
- for DAP (Delivered at Place) terms — https://help.inbulk.com/contracts/dap
- for FOB (Free On Board) terms — https://help.inbulk.com/contracts/fob
- for CIF (Cost, Insurance and Freight) terms — https://help.inbulk.com/contracts/cif
Standard contract templates are an integral part of the Platform and are posted in open access in the “Documents / Contract Templates” section.
The User’s use of the corresponding template when concluding an agreement through the Platform confirms the fact of familiarization with its terms and provision of consent to their application.
7.17. Logistics services
In case the User orders services through the Platform related to transportation, forwarding, transshipment, surveying, insurance, or other logistics operations, such services are provided through an authorized operator company in the country where the order is executed.
The operator company specified on the Platform acts as the User’s counterparty regarding the corresponding services.
Ordering, payment, and performance of such services are regulated by the terms of the contract, which is automatically generated by the Platform when placing an order, as well as provisions posted at: https://inbulk.com/services/logistics .
7.18. Legal force of contracts
All contracts formed through the Platform (including contracts for transportation, forwarding, surveying, and transshipment services) have full legal force in accordance with the legislation of Ukraine and international standards of electronic document management.
Payment for such services through the Platform or integrated payment services is considered acceptance of the terms of the corresponding contract and confirmation of the fact of its conclusion.
7.19. Role of the Platform
The INBULK.COM Platform is not a party to contracts for the provision of additional or logistics services, but ensures technical interaction between the User and the corresponding operator.
All claims arising in connection with the performance of such services are subject to resolution directly between the User and the corresponding operator company in the manner defined by the terms of the contract concluded through the Platform.
7.20. Legal force of User actions
Section VII of this Agreement regulates the procedure for electronic interaction between the Parties, conclusion of contracts, formation of obligations, and performance of actions through the INBULK.COM Platform. Any actions of the User performed through the account (including posting orders, confirming proposals, accepting terms, or ordering services) have legal force equivalent to signing a contract in written form and create corresponding rights and obligations for the Parties.
Important: In case an order or proposal is in active status and the other Party accepts it through the Platform, the User is obliged to enter into the corresponding supply contract. Refusal to enter into such a contract without proper legal grounds is considered a violation of this Accession Agreement.
8. PARTIES’ DETAILS
User (Acceptor):
A person who has completed registration on the INBULK.COM Platform, confirmed agreement with the terms of this Accession Agreement (Offer) by acceptance in electronic form and carries out activities within the limits defined by the Platform’s functionality.
Identification data, contact information, payment details, and other information of the User are specified by them independently during registration or profile update in the Platform’s “Personal Cabinet” and are an integral part of this Agreement.