For the purposes of this User Agreement, the following definitions have been introduced:

Online trading platform «International Shipping Exchange» (OTP) - is an automated information System located on the information and telecommunication Internet at the following address: https://www.shipexchange-e.com/, designed to conduct competitive trade and procurement procedures in the form of online.

Administrator (OTP) – a specialist who has authority from the Management of the online trading platform «International Shipping Exchange», that is, a legal entity that owns an automated online trading Platform, the necessary software and hardware for its operation and ensures the conduct of trade procedures for the purchase/sale of goods, works, services and trade procedures for arrested property in the form of online.

Open part of the Platform – the public part of the site on the Internet at: https://www.shipexchange-e.com/.

User of the online Platform – State organizations, State corporations, legal entities, individuals or individual entrepreneurs who have passed the registration procedure in accordance with the Regulations - (OTP), in respect of which the Administrators of the Platform decided to register it on the online trading Platform.

Orderer - the User of the online trading Platform.

Bidder (Bidder of trade procedures) – User online Platform, provided the Platform Administrator and the Organizer/Orderer of the trading process, the Application for participation in the trading procedure for the purchase/sale of goods, moveable personal property, works, services and trading procedures of arrested property applying for a Contract with the Organizer/Orderer of the auction.

Organizer of the trade (Organizer/Orderer of the trading procedure) – the User of the online trading Platform, performing actions for organizing and conducting trading procedures for the purchase/sale of products, works, services and trading procedures for arrested property in the form of online, in accordance with the current legislation of the Republic of Greece and the Regulations of the Platform.

Trades - (trading procedure, trading and procurement procedure in the form of online) - the procedure for determining the persons/group that meet the requirements of the Platform Administrator and the Organizer/Orderer of trading procedures specified in the Request/Notice of online trade.

Winner – the Bidder of trading procedures selected by the Organizer/Orderer of the trading procedure for the conclusion of the Contract based on the results of the analysis of proposals submitted by the Bidders of the trading procedure.

Online trading Platform Regulation (OTP) – a document that establishes the procedure for a full range of trading and procurement procedures in the form of online, the procedure of interaction and settlements of the Organizers/Orderers of the trades, the Administrator of the Platform, individuals interested in registering for the online Platform, the persons in the Application for Bidder in trade procedures members of trade or their representatives, in the process of organizing and holding online Platform. 

1. SUBJECT OF CONTRACT

1.1. The subject of this Agreement on the provision of services is to provide the Platform Administrators with a set of organizational, technical and legal services to provide the User with the opportunity.

1.2. Use as the Organizer/Orderer of the trading procedure of the software and hardware complex of the online trading Platform for trading procedures.

1.3. Use of the software and hardware complex of the online trading platform as a Bidder of the trading procedure, to participate in trading procedures for the purpose of subsequent conclusion of a Contract with the Organizer/Orderer.

1.4. To provide the User with the remote Advisory support about the trade and placement information about trading procedures.

1.5. The User undertakes to accept and pay for the services provided by the Platform Administrator in accordance with this User Agreement and the Regulations of the online trading platform «International Shipping Exchange».

2. TERMS AND CONDITIONS SERVICE AGREEMENT

2.1. Accession to this Agreement is carried out at the time of registration on the online trading Platform and means full and unconditional acceptance of the terms of this Agreement in the wording in force at the time of registration on the Platform.

2.2. The terms of this Agreement are defined by the Platform Administrators in a standard form posted on the online trading Platform.

2.3. The User has no right to change the terms of this Agreement.

2.4. The Platform Administrator shall not have the right to refuse to perform this Agreement if the User accepts its terms and conditions.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. THE PLATFORM ADMINISTRATOR UNDERTAKES:

3.1.1. To ensure the smooth functioning of the online trading Platform around the clock, except for breaks for preventive maintenance and elimination of failures within the limits.

3.1.2. Provide processing and storage of electronic documents generated and (or) transmitted by means of the online trading Platform.

3.1.3. Ensure information security of the online trading Platform in accordance with the Regulations (OTP).

3.1.4. Perform the following actions as part of participating in trading procedures on the online trading Platform:

- provide the Organizer/Orderer of the trading procedure with access to the means of creating and editing Request/Notices of trading procedures, after the Platform Administrator checks and approves the authenticity of the relevant documents provided by the Organizer/Orderer and the Bidders of the trading procedures;

- publish on the online trading Platform Request/Notices of trading procedures created (edited) by the Organizer/Orderer of the trading procedure, after the Platform Administrator checks and approves the authenticity of the relevant documents provided by the Organizer/Orderer and Bidders of trading procedures;

- provide the Bidders with access to the means of submitting Request for participation in trading procedures;

- register Request for participation in trading procedures submitted by Bidders of trading procedures and send such proposals to the Organizer/Orderer of the trading procedure, if it is provided by the relevant trading procedure;

- conduct trading procedures in accordance with the legislation of the Republic of Greece, the Regulations (OTP) and other internal documents of the online trading Platform;

- automatically publish on the online trading Platform the final Protocols on the results of the trading procedures;

- perform other actions provided for by the legislation of the Republic of Greece, the Regulations (OTP) and other internal documents of the online trading Platform.

3.1.5. Notify the User of changes in the terms of this Agreement, including the terms of payment for the services of the Platform Administrator, by posting information on the online trading Platform at least 5 (five) working days before the date of entry into force of such changes.

3.2. THE PLATFORM ADMINISTRATOR HAS THE RIGHT TO:

3.2.1. Maintain a register of Users containing documents and information provided by them during registration or when changes are made to the registration data.

3.2.2. Check the documents and information provided by Users during registration or when making changes to the registration data.

3.2.3. Make decisions and act in accordance with the rules of the Regulations of the online trading Platform when conducting verification activities on existing trading procedures on the online trading platform.

3.2.4. Refuse to provide services to the User and (or) suspend the provision of services in case of Violation by the User of the terms of this Agreement and (or) the Regulations (OTP) and (or) other internal documents of the online trading Platform.

3.2.5. Block the User's access to the services of the online trading Platform, if his actions contradict the current legislation of the Republic of Greece and the Regulations of the online trading Platform.

3.2.6. Suspend the provision of services and (or) the functioning of the online trading Platform for preventive maintenance and elimination of failures, placing in the Open part of the Platform no later than 5 (five) days before the date of commencement of such work.

3.2.7. Use the User's logos and truss marks on the online trading platform in order to increase the efficiency of the results of trading procedures.

3.2.8. Unilaterally amend the terms of this Agreement, including changing the terms of payment for the services of the Platform Administrator, notifying the User in the prescribed manner.

3.3. THE USER UNDERTAKES:

3.3.1. Comply with the requirements of the legislation of the Republic of Greece, as well as the terms of this Agreement, the Regulations (OTP) and other internal documents of the online trading Platform.

3.3.2. Use the interface of the online trading Platform in accordance with the User manual (OTP).

3.3.3. Ensure the completeness and accuracy of all documents and information provided to the Platform Administrator, as well as generated documents directly on the online trading Platform.

3.3.4. Notify the Platform Administrator of changes to the documents and information provided to the Platform Administrator no later than 2 (two) working days after the relevant changes are made by editing the said documents by means of the online trading Platform.

3.3.5. To ensure the safety and not to transfer to other persons the authorization data (login and password) used to work on the online trading Platform.

3.3.6. To pay for services to the Platform Administrator, established in the order of this Agreement.

3.3.7. Perform all actions on the Platform related to participation in trading procedures independently and on your own behalf.

3.3.8. Recognize all actions performed on the Platform using the personal identification data of the User (User account), committed by the User.

3.3.9. Not to use the information posted on the Platform or obtained in the course of interaction with other Applicants for the purposes not related to the conduct of trading procedures, namely: to send unauthorized electronic messages (spam) and other advertising messages.                                  

3.4. THE USER HAS THE RIGHT TO:

3.4.1. Organizer/Orderer of trading procedures-independently determine the methods, volumes and frequency of trading procedures at any time, announce the conduct of trading procedures by creating Request notices and Applications to the Administrator Platform and perform other actions related to the organization of trading.

3.4.2. Organizer/Orderer of trading procedures-to organize trading procedures as a Buyer, as well as to participate in trading procedures as a Supplier, according to the rules of the online trading Platform.

3.4.3. Bidder of trading procedures-independently determine specific trading procedures for participation in them, submit Request to the Platform Administrator for participation in trading procedures, directly participate in trading procedures and perform other actions related to participation in trading procedures.

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1. The cost of the services of the Platform Administrator under this Agreement shall be determined in accordance with the tariffs of the Platform Administrator placed in the Open part of the Platform.

4.2. An invoice for the services of the Platform Administrator is issued to the Customer on the basis of filling in the registration data of the Customer within 1 (one) day from the date of completion of the registration data by the User.

4.3. The Customer shall pay for the services of the Platform Administrator by Bank transfer or through the PEYPAL payment system, within 1 (one) working day from the date of receipt of the Invoice, by transferring the amount of funds to the Bank details of the Platform Administrator specified in this Agreement.

4.4. Upon termination of this Agreement at the initiative of the Orderer, the payment made under this Agreement is non-refundable.

5. CONFIDENTIALITY

5.1. The parties shall not, during the term of this Agreement and for 3 (three) years after its termination, disclose any confidential and/or proprietary information relating to the obligations of the Parties under this Agreement or to the activities of the Platform.

5.2.The User and the Platform Administrator acknowledge that all information about prices, goods, services provided, tenders for seized property, as well as technological, financial and commercial information that has become known to them during trading procedures is confidential, and the Parties will take all possible measures to prevent the information from disclosure.

5.3. The User and the Platform Administrator undertake not to disclose confidential information to third parties (except for those cases when it is required in accordance with the legislation of the Parties to this Agreement).

5.4. The User acknowledges that the means of authorization and authentication issued by the Platform Administrator for entering and working (login and password) on the online trading Platform are confidential data and are not subject to transfer to third parties. 

6. FORCE MAJEURE CIRCUMSTANCES

6.1. The parties are released from liability for partial, complete failure to perform or improper performance of obligations under this Agreement, if proper performance was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, such as: natural disasters, fires, hostilities, revolution, strikes, riots, prohibitive acts of state power and management, fire, transport or industrial accident and similar circumstances, independent of the will of the Parties and preventing the performance or proper performance by the Party of its obligations.

6.2. The party that is unable to perform its obligations under this Agreement shall notify the other Party of the occurrence of the above circumstances within a reasonable time.

6.3. In the event of force majeure, the term of performance of obligations under this Agreement shall be extended in proportion to the duration of such circumstances.

6.4. The Parties shall immediately notify each other of the termination of force majeure, specifying the period of performance of obligations under this Agreement, interrupted or suspended due to the occurrence of such circumstances.

7. RESPONSIBILITY OF PARTIES

7.1. For non-performance and (or) improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the legislation of the Republic of Greece.

7.2. In the event of claims by third parties against the Platform Administrator for damages caused by the User's violation of its obligations under this Agreement, the User will be brought as a defendant, thereby replacing the Platform Administrator as an improper party. In this case, the User shall reimburse all legal costs incurred by the Platform Administrator.

7.3. The Platform Administrator shall not be liable to the User or to third parties in the event of unauthorized use by third parties of the User's authorization data (login and password), as well as if the documents and information posted by the User on the online Platform, through the fault of the User (or his representatives) become known to third parties.

7.4. The Platform Administrator is not responsible for losses and other consequences caused by the User lack of computer equipment with the necessary set of software and hardware capabilities that meet the requirements for working on the Platform;

- software and technical shortcomings of the User's computer equipment; - viruses and other malicious software in its equipment;

- failures or restrictions imposed by the Internet access provider, and so on:

7.5. The Platform Administrator shall not be liable for the actions committed on the Platform by the User, contrary to the current legislation of the Republic of Greece and the Regulations (OTP), causing losses and other negative consequences to third parties.

7.6. The Platform Administrator shall not be liable for actions committed on the Platform by third parties that are contrary to the current legislation of the Republic of Greece and the Regulations (OTP), caused losses and other negative consequences of the User.

7.7. The Platform Administrator shall not be liable for losses and other consequences arising in connection with circumstances excluding liability, which are force majeure or other circumstances beyond the control of the Platform Administrator.

7.8. The Platform Administrator is not responsible for shortcomings in the work network systems and the restrictions imposed by the regional network provider (a company that provides User access to the Internet), as well as malfunctions of hardware and technical complex regional provider User, which led to unforeseen ad hoc and temporary shutdowns of the User from the Internet and did not allow the User to work on the Platform.

7.9. The User shall be liable, including to third parties, for improper conduct of online trading, non-compliance with the procedure for conducting online trading procedures provided for by the legislation of the Republic of Greece, including in terms of compliance with the terms established for the User.

7.10. All actions performed on the Platform by the person who provided the relevant registration name (login and password) by which the Platform Administrator identified him as a User are considered to be performed by the proper person representing the User. The Platform Administrator is not responsible for the performance of actions on the Platform by an unauthorized User.

8. DISPUTE RESOLUTION PROCEDURE

8.1. Claims of the User regarding non-performance and (or) improper performance by the Platform Administrator of its obligations under this Agreement shall only be accepted in writing or electronically no later than 10 (ten) working days from the date of occurrence of the incident. Claims are considered within 5 (five) working days.

8.2. In case of any disputes or disagreements related to the performance of this Agreement, the Parties shall make every effort to resolve them through negotiations.

8.3. If disputes and disagreements are not resolved by the Parties through negotiations, they shall be considered in court at the location of the Platform Administrator in the manner prescribed by the legislation of the Republic of Greece.

9. VALIDITY AND PROCEDURE FOR CHANGING THE AGREEMENT

9.1. This Agreement shall enter into force upon the decision of the Platform Administrator to register the User on the Platform and shall be deemed concluded for an indefinite period.

9.2. If one of the Parties wishes to terminate this Agreement, the willing Party shall send to the other party a written application for termination of the Agreement 30 (thirty) calendar days prior to the intended date of termination of the Agreement.

9.3. Early termination of the Agreement may take place on the grounds provided for by the current legislation of the Republic of Greece, with compensation for losses incurred.

9.4.The Platform Administrator is entitled to unilaterally change the price terms and conditions of the Tariffs for the provision of online trading platform «International Shipping Exchange» (hereinafter - the Tariffs) established by this Agreement and the User agrees to all changes made by the Administrator Platform, in price terms, stipulated by the Tariffs.

9.5. Changes in the price conditions shall be made by means of publication of such changes by the Platform Administrator on the Platform posted on the website of the online trading Platform on the Internet at the following address: https://www.shipexchange-e.com/.

9.6. The User shall be deemed to have been notified of the changes made by the Platform Administrator to the pricing conditions set forth in the Tariffs from the date of publication of such changes by the Platform Administrator on the Platform posted in Internet on the online trading platform website at the following address: https://www.shipexchange-e.com/.

9.7. If the price conditions change, the obligations of the Parties under this Agreement shall remain unchanged. Changes in the price conditions shall enter into force after 3 (three) days from the date of publication of such changes by the Platform Administrator on the Platform posted in internet on the online trading Platform website at the following address: https://www.shipexchange-e.com/.

9.8. The new price conditions established by the Tariffs may not be applicable to trading procedures, Request for trading procedures that are placed before the effective date of changes in Tariffs in accordance with this Agreement.

9.9. Changes and additions to this Agreement shall be made unilaterally by approval of such changes and additions by the order of the Executive body of the online trading platform «International Shipping Exchange».

10. FINAL PROVISIONS

10.1. In all other matters not regulated by this Agreement, the Parties shall be governed by the laws of the Republic of Greece.

10.2. As part of the execution of this Agreement, the Parties may submit documents by facsimile, electronic or other communication, including the use of the Internet, as well as documents signed by an Analogue of a handwritten signature.

10.3. This Agreement shall be deemed concluded in electronic form in a single copy using the signature (from the date of its introduction). Prior to the use of the signature, the Parties may also sign this Agreement on paper in two copies having the same legal force – one for each of the Parties.

10.4. The Parties agree that any correspondence by e-mail specified in the details of the Parties and in the registration data, as well as documents sent by the Parties by e-mail, have the same legal force.

10.5. The relationship between the User and the Platform Administrator is governed by this Agreement, as well as the following Annexes thereto, which is an integral part of this Agreement