PUBLIC OFFER AGREEMENT
for the provision of web development, support, and optimization services
This Agreement, in which one party is the Individual Entrepreneur Topchii Artem Oleksandrovych, registered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations in accordance with the current legislation and who is a single tax payer (hereinafter - the Contractor), on the one hand, and any person who has accepted this offer (hereinafter - the Customer), on the other hand, collectively referred to as the Parties, and each individually as a Party, have concluded this Agreement (hereinafter - the Agreement), addressed to an unlimited number of persons, which is the official public offer of the Contractor to conclude an Agreement with any Customer for the provision of services in the field of preparation for web development, support, and optimization services. By ordering and paying for the Services of the Contractor, Customers accept the terms of this Agreement as outlined below.
1. GENERAL PROVISIONS
1.1. This Agreement is concluded by providing the Customer's full and unconditional consent (acceptance) to conclude the Agreement in its entirety, without signing a written copy of the Agreement by the Parties.
1.2. The Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to an Agreement signed by the Parties.
1.3. The Customer confirms the fact of familiarization and agreement with all terms of this Agreement in full by means of acceptance.
1.4. Any of the following actions shall be considered acceptance of this public offer agreement:
- the fact of placing an Order for the Contractor's Services on the Contractor's website https://www.koto-digital.com.ua;
- payment for the Contractor's Services under the conditions and in the manner defined by this Agreement and on the relevant pages of the Contractor's Website https://www.koto-digital.com.ua;
1.5. By concluding this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement and prices for the Services.
1.6. If the Customer does not agree with the terms of the Agreement, they have no right to conclude this Agreement, and also have no right to use the Services under this Agreement.
2. TERMS AND DEFINITIONS
"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website https://www.koto-digital.com.ua.
"Acceptance" - providing the Customer's full and unconditional consent to conclude this Agreement in its entirety, without signing a written copy of the Agreement by the Parties.
"Services" - Services in the field of preparation for web development, support, and optimization services (namely - development of websites "from scratch" (Landing Page, business card websites, multi-page websites, online stores, technical support and updating of existing sites, responsive coding, and loading speed optimization, filling the site with content).
"Customer" - any legally capable individual or private entrepreneur who has visited the Website and https://www.koto-digital.com.ua accepted this Agreement.
"Contractor" - an individual entrepreneur providing services in the field of preparation for web development, support, and optimization services, whose details are specified in section 12 of this Agreement.
"Order" - a properly executed Customer's application for receiving Services, addressed to the Contractor.
3. SUBJECT OF THE AGREEMENT
3.1. The Contractor undertakes, under the terms and conditions defined by this Agreement, to provide the Customer with preparation for web development, support, and optimization services (namely - development of websites "from scratch" (Landing Page, business card websites, multi-page websites, online stores, technical support and updating of existing sites, responsive coding, and loading speed optimization, filling the site with content), and the Customer undertakes, under the terms and conditions defined by this Agreement, to accept and pay for the ordered Services.
3.2. The Customer and the Contractor confirm that this Agreement is not a fictitious or mock transaction, nor a transaction concluded under the influence of pressure or deception.
3.3. The Contractor confirms their right to carry out activities in the field of preparation for web development, support, and optimization services in accordance with the requirements of current Ukrainian legislation.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
4.1. The Contractor is obliged to:
- fulfill the terms of this Agreement;
- provide the Customer with Services of proper quality;
- objectively inform the Customer about the Services and the conditions of their provision on the Website https://www.koto-digital.com.ua.
4.2. The Contractor has the right to:
- unilaterally suspend the provision of services under this Agreement in case of violation by the Customer of the terms of this Agreement;
- other rights in accordance with current Ukrainian legislation and this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The Customer is obliged to:
- timely pay for and receive the Order under the terms of this Agreement;
- familiarize themselves with information about the Services posted on the Contractor's website https://www.koto-digital.com.ua.
5.2. The Customer has the right to:
- place an Order for Services indicated on the relevant page of the Website https://www.koto-digital.com.ua;
- demand the Contractor to provide Services in accordance with the terms of this Agreement;
- other rights in accordance with current Ukrainian legislation and this Agreement.
6. PROCEDURE FOR PLACING AN ORDER
6.1. The Customer independently places an Order on the corresponding page of the Website https://www.koto-digital.com.ua.
6.2. The term for processing an Order by the Contractor is up to 3 (three) working days from the moment of its execution. If the Order is sent on a weekend or holiday, the term for processing the Order begins from the first working day following the weekend/holiday.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of the Services is determined by the Contractor and is indicated on the relevant page of the Website https://www.koto-digital.com.ua.
7.2. The Customer pays for the Contractor's Services based on this Agreement in the National currency of Ukraine – hryvnia.
7.3. Payment for Services is made by:
7.3.1. transferring funds to the Contractor's current account or
7.3.2. using other payment methods indicated on the Contractor's Website.
7.4. The moment of payment for the Services is considered to be the time the funds are credited to the Contractor's current account.
7.5. The Customer independently and at their own expense pays the cost of third-party services, if necessary to receive the Contractor's Services under this Agreement (for example, internet access services and others).
8. PROCEDURE FOR RECEIVING SERVICES. ACCEPTANCE-HANDOVER PROCEDURE FOR PROVIDED SERVICES
8.1. The rules for providing and receiving Services are specified on the relevant page of the Website https://www.koto-digital.com.ua. All questions that arise during the payment and receipt of Services, the Customer can clarify with the Contractor using the contact details indicated on the website https://www.koto-digital.com.ua or in section 12 of this Agreement.
9. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the parties bear responsibility in accordance with current Ukrainian legislation.
9.2. All disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties.
9.3. If a relevant dispute cannot be resolved through negotiations, it is resolved judicially according to established jurisdiction and venue in accordance with the current legislation in Ukraine.
9.4. The Contractor bears no responsibility whatsoever for failure to provide or improper provision of Services to the Customer under conditions of any circumstances originating through no fault of the Contractor (namely - circumstances originating through the fault or negligence of the Customer and / or circumstances originating through the fault or negligence of any third party (any third parties) and / or occurrence of force majeure circumstances).
10. FORCE MAJEURE CIRCUMSTANCES
10.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations provided by this Agreement if it occurs as a result of force majeure circumstances.
10.2. Force majeure circumstances in this Agreement are understood as any circumstances that arose beyond the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: hostilities, civil unrest, epidemics, blockades, earthquakes, floods, fires, as well as decisions or instructions of government bodies and state administration of the state of which the Customer is a resident, or the state of which the Contractor is a resident, as a result of which additional duties or restrictions will be imposed on the Parties (or one of the Parties), making further full or partial execution of the Agreement impossible, as well as other actions or events existing beyond the will of the Parties.
10.3. If force majeure circumstances last for more than 3 (three) consecutive months, then each Party will have the right to refuse further fulfillment of obligations under this Agreement and, in such case, neither Party will have the right to compensation for possible losses by the other Party.
11. OTHER CONDITIONS OF THE AGREEMENT
11.1. Each Party guarantees the other Party that it possesses the necessary legal capacity, as well as all rights and powers necessary and sufficient for the conclusion and execution of this Agreement in accordance with its terms.
11.2. Unilateral change of the terms of the concluded Agreement by the Customer or refusal to fulfill the terms of the concluded Agreement by the Customer is unacceptable, except in cases provided by this Agreement. Neither Party to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
11.3. The Contractor confirms that they are a single tax payer (group 3) at the rate provided by the Tax Code of Ukraine.
11.4. The information provided by the Customer is confidential. Information about the Customer is used solely for the purpose of fulfilling their Order.
11.5. By their own acceptance of the Agreement, the Customer voluntarily consents to the collection and processing of their own personal data with the following purpose: data that becomes known will be used for commercial purposes, including obtaining information about the order and processing information about it, sending promotional and special offers via telecommunication means (email, mobile communication), information about promotions or any other information about the activities of the Website https://www.koto-digital.com.ua. In case of unwillingness to receive information about the activities of the Website https://www.koto-digital.com.ua, the Customer has the right to contact the Contractor and state their refusal to receive promotional materials.
11.6. The Contractor is not responsible for the content and truthfulness of the information provided by the Customer when placing an Order. The Customer bears responsibility for the accuracy of the information provided when placing the Order.
11.7. The Customer is granted the right to use the Contractor's Services exclusively in their internal activities without the right to alienate or transfer them in favor of third parties.
11.8. The Parties undertake to keep confidential the information obtained as a result of the execution of this Agreement, except in cases where it is authorized in writing by the other Party or required by government agencies in accordance with current legislation. The guilty Party bears responsibility for the disclosure of confidential information according to current legislation.
11.9. The Agreement is public and is valid until its termination in the manner prescribed by this Agreement. This Agreement is considered agreed by the Customer and concluded at the location of the Contractor from the date of acceptance.
11.10. The Contractor independently determines the terms of this agreement in accordance with and in pursuance of the requirements of the current legislation of Ukraine. The Contractor has the right to independently change and/or supplement the terms of this public Agreement, including the rules for the provision and receipt of Services under this Agreement. At the same time, the Contractor guarantees and confirms that the current version of the text of this Agreement posted on the Contractor's Website, including the rules for the provision and receipt of Services under this Agreement, is valid.
12. CONTRACTOR DETAILS
Recipient: TOPCHII ARTEM OLEKSANDROVYCH
Bank: Raiffeisen Bank
Tax ID: 3742701035
IBAN: UA90 3003 3500 0000 0260 0624 7921 8
Currency: UAH
