City of Kyiv, Ukraine
This document is an official offer of an Individual Entrepreneur Аnna Chernenko operating under a trade name marriage agency “Annabel” having its office at Velyka Vasylkivska St. 26, Ukraine (hereinafter also referred to as “Annabel”), in respect of rendering of marriage services to a person who, at the time of signing and effectiveness of the Agreement, is older than 21, is not married, or is a widower / widow, or has no long-lasting relationship with another person (hereinafter also referred to as “the Customer”).
According to the provisions of Article 633 and Article 641 of the Ukrainian Civil Code, terms and conditions of a standard form contract shall be equal for all consumers.
Pursuant to Clause 2 in Article 642 of the Ukrainian Civil Code, Customer’s registration at the “Annabel” website and further payment will mean the acceptance of this offer and signing of the agreement on the terms and conditions set out hereafter.
1.1 By signing of this Agreement, the Customer acknowledges and confirms that the Customer understands and accepts the rules and conditions stipulated by “Annabel” for the purpose of efficient service provision hereunder.
1.2 In order to achieve the desired ultimate purpose of the Agreement, i.e. conclusion of marriage, the Customer hereby acknowledges and confirms that the Customer intends cooperation with “Annabel” only to be provided with marriage services in Ukraine.
1.3 The Customer hereby further acknowledges and confirms the Customer’s understanding of the fact that real relationships may be only created on the basis of mutual affection and interest between a man and a woman. Furthermore, by signing of this Agreement, the Customer also confirms the Customer’s understanding of the fact that only joint efforts of all parties involved may contribute to successful achievement of the aforesaid desired ultimate purpose of the Agreement. Therefore, the Customer and “Annabel” hereby agree to be jointly involved in the process of introduction and making acquaintances.
1.4 This Agreement is made in two (2) equally enforceable language versions – Ukrainian and English.
2. SUBJECT OF AFREEMENT
2.1 The subject matter of this agreement is rendering service of selection of a potential partner of opposite gender to the Customer; arranging their acquaintance, dating with the purpose of conclusion of marriage (marriage services)
2.2. The scope of marriage services is chosen by the Customer and agreed upon between the Parties.
“ANNABEL” AND CUSTOMER AGREED
3. RESPONSIBILITIES OF “ANNABEL”
3.1 “Annabel” will provide the Customer with the services based on the scope and price chosen by the Customer and agreed upon between the Parties.
3.2 During the effective period of the Agreement, and in addition to the scope of services determined by the Parties, “Annabel” shall:
3.2.1 inform the Customer in respect of the expenses incurred in the course of prospective bride finding;
3.2.2 give advice, professional, psychological and preparatory consultancy to the Customer.
3.2.3 make available the information required for prospective bride’s visa application and filing, marriage registration in Ukraine or any other information appertaining to the services under the Agreement;
3.2.4 recommend “Annabel” female clients of Customer’s liking for further acquaintance making. For such purpose, the Customer hereby acknowledges the Customer’s understanding of the fact that “Annabel” shall not be responsible for any refusals of “Annabel” female clients from meetings with the Customer and for any unsuccessful communication between the Customer and female clients of “Annabel”;
3.2.5 provide the Customer with the additional available information on “Annabel” female clients whom the Customer would like to meet;
3.2.6 help “Annabel” female clients who reside beyond Kyiv in making of their travel (at the Customer’s cost) to Kyiv;
3.3 if necessary, and subject to additional fees, make reservations and bookings in apartments, hotels, recreations, and other places of couple’s interest;
3.4 subject to the additional fee, assist the Customer in delivery of gifts, flowers and other things to female clients of “Annabel”. The prices and variety of gifts are available on the relevant page of the website of “Annabel” at https://www.annabeldate.com/
4. CUSTOMER RESPONSIBILITIES
4.1 For the purpose of high quality service provision by “Annabel” hereunder, the Customer shall furnish to “Annabel” only true, accurate and exhaustive information in respect of the Customer.
4.2 The Customer hereby represents and warrants that the Customer is at least 21 year old, is not married and has no long-lasting relationship with another person at the time of Agreement signing.
4.3 If the Customer infringes the terms and conditions of cooperation hereunder, provision of the services under the Agreement will terminate without the right to claim money back. The Customer shall indemnify any damage incurred and time spent by “Annabel”.
4.4 After the preliminary stage of services under the Agreement, i.e. the advice interview, the Customer shall decide on the scope of services to be rendered by “Annabel” to the Customer.
4.5 The Customer hereby confirms the Customer’s understanding of the fact that several trips of the Customer to Ukraine may be required for meetings with female clients of “Annabel”.
“Annabel” will assume no responsibility if the Customer, either through the Customer’s fault or due to any circumstances depending on the Customer, fails to meet female clients according to “Annabel’s” plans.
4.6 The Customer shall assume full responsibility for the consequences of any Customer’s decisions and relationships with females met by the Customer through “Annabel”, including, but not limited to, Customer’s independent decisions on the amount of costs and expenses spent during meetings with female clients of “Annabel”, and Customer’s accommodation expenses and cost of travels to any “Annabel’s” female client residing in a place other than Kyiv City. In addition, the Customer shall make payment for any travel(s) to the Customer’s native country or joint travels for any “Annabel’s” female client and her children (if any).
4.7 If the Customer has no ability to come to a meeting with a female client in time and notifies “Annabel” thereof less than 120 minutes before such meeting, the “Annabel’s” duty of meeting arrangement services shall be considered to have been discharged.
4.8 By signing of the Agreement, the Customer gives consent to collection and use by “Annabel” of the Customer’s personal data for purpose of the Agreement.
4.9 The Customer hereby assumes the commitment to avoid any acts that may adversely influence the honour, dignity and business reputation of “Annabel” or any “Annabel’s” employees, and understands that the Customer will have to indemnify in full any property and non-property (moral) damage caused to the good name and reputation of “Annabel”.
5. CONDITIONS OF SERVICES PROVISION
5.1 Rendering of the services under the Agreement will commence from the consultancy services, i.e. a personal interview with the “Annabel’s” representative.
5.2 For the purpose of further successful provision of the services under the Agreement, the Customer shall:
5.2.1 fill out the questionnaires received from “Annabel” specifying, among other details, the Customer’s age, lifestyle, health, family, current situation, financial condition, children from previous marriage(s) / relationships, as well as any other information that may be essential for building of relationships, safety and success of relations with a female client of “Annabel”;
5.2.2 present copies of the Customer’s valid passport (or driver’s licence) and specify the Customer’s registered and residential address;
5.2.3 make available at least four (4) photos taken in the most recent six months;
5.2.4. communicate preferences, recommendations or any other information concerning the Customer, if any;
5.2.5. communicate the realistic and detailed description of the prospective girlfriend.
5.3 The Customer shall notify “Annabel” of any changes in the Customer’s information within thirty (30) days after such changes take place.
6. THE ACQUAINTANCE PROCESS
6.1 After a personal interview with the “Annabel’s” representative and subject to Customer’s compliance with the terms and conditions referred to in Article 5 hereof, “Annabel” will select female prospects for meetings with the Customer. The final list of “Annabel’s” prospective female clients for personal meetings with the Customer shall be chosen by the Customer at the own discretion.
6.2 “Annabel” will make available to “Annabel’s” female clients the information in respect of the Customer after such information is agreed upon with the Customer.
6.3 Acquaintance will not take place unless a female client of “Annabel” agrees to meet the Customer. The time and place of a meeting shall be chosen by joint agreement of “Annabel”, the Customer and the relevant female client of “Annabel”.
6.4 If a female client of “Annabel” does not speak English well enough, “Annabel” offers the interpreter’s services subject to the additional fee charged for such services.
6.5 It is recommended that the first meeting of the Customer with a female client lasts between 60 and 120 minutes and takes place in any public place convenient for the parties. The meeting duration won’t be restricted and depends on the mutual interest of the Customer and “Annabel’s” female client in longer communication.
6.6 If, in the course of the match-making process, the Customer does not choose anyone from the selected female clients of “Annabel” within the time limit determined by the Parties, the Customer and “Annabel” may keep on the match-making services after signing of the new Schedule to the Agreement specifying the additional cost and detailed description of the new pack of the match-making services. In such event, the final amount due and payable for successful implementation of the Agreement will retain.
6.7 If the Customer is provided with any additional of services of match-maker’s coaching and psychological advice, payment for such services shall be made at the prices agreed upon between the Parties. The price of the additional match-maker’s advice shall be deducted from the amount of the final payment after successful implementation of the Agreement.
7. THE PRICE OF SERVICES AND ORDER OF PAYMENT
7.1 Prices of the “Annabel’s” services shall be in Euros based on the EUR/UAH exchange rate set by the National Bank of Ukraine on the payment date.
7.2 The Customer shall pay to “Annabel” the cost of the services chosen after the prices of such services are agreed upon between the Parties in Ukrainian hryvnias (UAH) based on the EUR/UAH exchange rate set by the National Bank of Ukraine on the payment date. Payment shall be made by money transfer to the “Annabel’s” bank account.
7.3 Payment for the services hereunder shall be primarily made by the Customer by advance payment within the time limit agreed upon between the Parties.
7.4 The services hereunder shall be considered to have been properly rendered by “Annabel” and accepted by the Customer in full if no justified written claims or objections are made within three (3) calendar days after provision of such services.
7.5 No amounts paid by the Customer under the Agreement will be repaid.
7.6 The final payment for the “Annabel’s” services shall be made with thirty (30) days after the official marriage of the Customer with the matched female client of “Annabel”.
8. THE DURATION OF THE AGREEMENT
8.1 This Agreement shall come into full force and effect as soon as it is signed by the Parties, and shall terminate after achievement of the intended ultimate purpose of the Agreement or any Party’s refusal from further cooperation under the Agreement. The duration of the Agreement shall not be specifically limited in time.
8.2 The duration of each separate service hereunder shall be agreed upon between the Parties individually.
8.3 Should the Customer infringe the terms and conditions of the Agreement, or where any acts of the Customer may pose threat to life, good name or wellness of any “Annabel’s” female client or her child, or affect the reputation of “Annabel”, “Annabel” will terminate the Agreement.
8.4 If any Party intends termination of the Agreement, such Party shall notify the other Party thereof at least thirty (30) days before the intended termination specifying the reason of such early termination of the Agreement.
9.1 “Annabel” does not offer or provide any sex related services or escort services.
9.2 “Annabel” shall not control such peculiarities of match-making process participants as the age difference exceeding 10 years, children, weight problems, health problems, financial difficulties, foreign language speaking skills. Consequently, the Customer shall align the own search criteria with such peculiarities and other circumstances significant for the Customer.
9.3 “Annabel” shall assume no responsibility for any gifts presented by the Customer to a female client of “Annabel” or any money given to her at the Customer’s discretion or the Customer’s free will.
9.4 “Annabel” reserves the right to refuse any person from cooperation without explaining of the reason.
9.5 Despite “Annabel’s” making all efforts in matchmaking of customers based on their personal features and preferences, “Annabel” does not guarantee that “Annabel’s” female clients introduced to the Customer will be the right match and their acquaintance will end in long term relationships or marriage. For the avoidance of doubt, the responsibility for creation of any relationships shall be assumed by the Customer and the relevant female client of “Annabel”.
9.6 The Parties shall not be held liable for any total or partial failure to discharge their respective duties and obligations hereunder, if such failure results from any force majeure circumstances.
9.7 The Parties’ responsibility under the Agreement for any damage, claims or expenses arising out of the Agreement may never exceed the contract value of the Agreement.
9.8 The services rendered to the Customer under the Agreement shall be personal and individual services and, therefore, may not be assigned to any other person. The Customer hereby acknowledges and agrees that any attempted or actual assignment of the services hereunder will result in immediate termination of the Agreement without repayment of the money paid for any unused services.
10. SANCTIONS AND CLAIM
10.1. The Parties undertake to fulfill their obligations under the Contract in a proper way, having due regard to the interests of the opposing Party in a proper manner, as their own.
10.2.“Annabel” is responsible for the proper performance of the services.
10.3. The Customer is liable to “Annabel” for damage caused by his actions to the image and business reputation of “Annabel”.
10.4. The Customer is liable to third parties, if his actions led to claims against “Annabel” from the users, other clients “Annabel”.
11.1 All personal data and information received from the Customer shall be confidential and used for the purpose of the services under the Agreement only. The information in respect of the Customer shall not be made available to any third persons, companies or organisations, unless required for the implementation of the Agreement, expressly provided for in the currently effective applicable Ukrainian laws or agreed upon with the Customer in advance.
11.2 Any information transferred to the Customer under the Agreement by “Annabel” or “Annabel’s” female clients shall be strictly confidential. The Customer may not disclose any personal information concerning “Annabel’s” female clients without a prior agreement with them. The Customer shall not use any personal information concerning “Annabel’s” female clients for any other purpose than provision of the services under the Agreement. The Customer shall have understanding that disclosing of any confidential information in respect of “Annabel’s” female clients without their prior consent may be a criminal offence under the currently effective applicable Ukrainian laws, or bring about other statutory responsibility that is likely to result in the judgement of the competent court or the order of another competent body obligating the Customer to indemnify all damages (material and moral) inflicted.
11.3. All information concerning Customer’s meetings under the Agreement (including, but not limited to, the number of such meetings, their duration, etc.) shall be strictly confidential and may not be disclosed to third parties by the Customer or by “Annabel” .
12.1 This Agreement is made in conformity with the currently effective applicable Ukrainian laws.
12.2 Any and all controversies and disputes that may arise out of the Agreement shall be solved by negotiations between the Parties. If any dispute may not be solved by negotiations, the Parties shall refer such dispute to the competent court at the defendant’s place of registration, always provided that a Party shall first send a written claim to the other Party seeking for pre-trial solving of the dispute.
12.3 If the Customer refuses to make payment for the services of “Annabel” under the Agreement, “Annabel” shall be entitled to indemnification of the damage incurred due to such refusal through the competent bodies at the Customer’s place of residence. In such case, all expenses related to such proceedings at the Customer’s place of residence, including the cost of retaining of attorneys, translators, interpreters, their trips and accommodation, shall be charged to the Customer.
Individual Entrepreneur Аnna Chernenko
Date of State registration in the Unified State Register: 01.11.2002.
Record in Unified State Register: №2 327 017 0000 002063 of 23.12.2011.
Account No 26009052681330, Payments Centre of PrivatBank PJSC, Kyiv, BIC (MFO): 320649