Individual entrepreneur Serhii Krepets, registration number 3305320232 (hereinafter referred to as the "Contractor"), offers an unlimited number of persons (hereinafter referred to as the "Customer") to conclude this public contract-offer (hereinafter referred to as the "Agreement") on the provision of services under the following terms:
1.1. This Agreement is a public offer in accordance with Articles 633, 641 of the Civil Code of Ukraine and Article 6 of the Law of Ukraine "On Foreign Economic Activity". Its terms are identical for all Customers.
1.2. Complete and unconditional acceptance of the terms of this offer is the Customer's payment for the Contractor's services (full or partial) based on the issued invoice, including in electronic form. From the moment of acceptance, this Agreement is considered concluded without the need for its signing by the Parties.
1.3. The place of service provision is the Customer's country of residence, unless otherwise agreed.
1.4. The Agreement is considered concluded from the moment the Customer completes the order form on the Contractor's website, or sends an order by e-mail or telephone, with subsequent receipt of order confirmation from the Contractor in electronic form and payment for services.
1.5. The Customer can be a capable individual who has reached 18 years of age, a legal entity or an individual entrepreneur who intends to receive the Contractor's services.
1.6. In case of existence of individual agreements between the Customer and the Contractor (including but not limited to Non-Disclosure Agreements (NDA), service contracts, etc.), the provisions of such individual agreements shall take precedence over the provisions of this Agreement in case of any contradictions between them.
2.1. The Contractor undertakes to provide the Customer with software development services, IT consulting, or other agreed services (hereinafter referred to as the "Services"), the description, scope and characteristics of which are determined in the corresponding invoice and/or specification, which are an integral part of this Agreement.
2.2. The Customer undertakes to accept and pay for the provided Services under the terms of this Agreement.
3.1. The cost of Services is determined by the Contractor in the invoice issued to the Customer. The cost can be fixed or calculated based on the Contractor's hourly rate specified in the invoice. The base hourly rate is 27-30 US dollars or the equivalent of 1100-1200 UAH.
3.2. Payment is made by the Customer by transferring funds to the Contractor's bank account specified in the invoice and in Section 13 of this Agreement.
3.3. The payment currency is specified in the invoice. All commissions and bank expenses associated with the transfer of funds are paid by the Customer.
3.4. Payment can be made in parts within the payment period specified in the invoice, if agreed by the Parties.
3.5. The date of payment is considered to be the date of crediting funds to the Contractor's bank account.
4.1. The Customer independently places an order through the form on the Contractor's website, or by contacting via email or telephone specified in the contacts section.
4.2. When placing an order, the Customer undertakes to provide the following mandatory information necessary for the Contractor to fulfill the order: the Customer's full name; contact phone number; email address; and for legal entities or individual entrepreneurs also - identification code.
4.3. The Contractor has the right to refuse to fulfill the order if the information provided by the Customer when placing the order is incomplete or raises suspicion about its authenticity.
4.4. The Customer is responsible for the accuracy of the information provided when placing an order.
5.1. The terms and stages of providing Services may be determined in the invoice or agreed upon by the Parties additionally.
5.2. Confirmation of the proper provision of Services for a certain stage or in full is the Act of Acceptance and Transfer of Services (hereinafter referred to as the "Act"). The Contractor may draw up the Act and send it to the Customer (including in electronic form).
5.3. In the absence of a motivated refusal or comments on the Act within 5 (five) working days from the moment of its receipt by the Customer, the Services are considered accepted by the Customer in full and of proper quality, and the Act is considered signed.
5.4. In case of substantiated comments, the Customer sends a motivated refusal to the Contractor. The Parties agree on the procedure and timing for eliminating the deficiencies.
6.1. The Customer undertakes to: timely provide the Contractor with necessary information and materials; provide access to resources necessary for the provision of Services; timely accept and pay for Services.
6.2. The Customer has the right to: control the progress of the Services; receive information about the execution process.
6.3. The Contractor undertakes to: provide Services of proper quality and within the agreed timeframe (if established); maintain confidentiality.
6.4. The Contractor has the right to: receive payment for the provided Services; receive necessary information from the Customer; involve third parties in the execution of the Agreement, while remaining responsible to the Customer.
7.1. A refund is possible in case of non-performance of services by the Contractor in accordance with agreements or in other cases provided for by the legislation of Ukraine.
7.2. To initiate a refund, the Customer sends an application to the Contractor with justification of the reasons and indication of the details for the refund.
7.3. The period for reviewing the refund application is up to 5 (five) working days from the moment of its receipt by the Contractor.
7.4. In case of satisfaction of the application, funds are returned to the Customer within 14 (fourteen) banking days from the moment of making a positive decision.
7.5. Refunds are made to the Customer's bank account specified in the application, minus the commissions of payment systems and banks, if such were incurred by the Contractor when receiving payment.
8.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall bear responsibility in accordance with the current legislation of Ukraine.
8.2. For violation of payment terms, the Customer pays the Contractor a penalty in the amount of double the discount rate of the NBU, which was in effect during the period of delay, from the amount of debt for each day of delay.
8.3. The Contractor's liability is limited to the cost of Services paid by the Customer under the relevant invoice.
9.1. The Parties are exempt from liability for non-fulfillment of obligations under this Agreement if this was the result of force majeure circumstances that arose after the conclusion of the Agreement. Such circumstances include: natural disasters, wars, strikes, epidemics, actions of state authorities, etc.
9.2. The Party for which force majeure circumstances have occurred must notify the other Party within 3 (three) days.
10.1. The Parties undertake to maintain the confidentiality of information received during the execution of this Agreement.
10.2. By concluding this Agreement, the Customer gives consent to the collection, processing and transfer of his personal data within the limits necessary for the fulfillment of obligations under this Agreement.
10.3. The Customer agrees that the Contractor has the right to provide access and transfer his personal data to third parties without any additional notifications to the Customer for the purpose of fulfilling the order.
10.4. Protection of personal data is carried out in accordance with the Law of Ukraine "On Protection of Personal Data".
11.1. All intellectual property rights to the results of the Services (program code, design, texts, etc.), created by the Contractor within the framework of this Agreement, are transferred to the Customer from the moment of full payment for the relevant Services, unless otherwise agreed by the Parties in writing.
12.1. All disputes arising from this Agreement shall be resolved through negotiations.
12.2. In case of failure to reach an agreement, disputes shall be submitted to court in accordance with the legislation of Ukraine.
12.3. The law governing this Agreement is the substantive law of Ukraine.
Individual entrepreneur Serhii Krepets
Registration number: 3305320232
Legal address: 65123, Odesa region, Odesa, 5 Yaroslava Baisiia Street, apt. 39
Bank details:
IBAN account: UA333052990000026000034932705
Bank: JSC CB "PRIVATBANK"
Bank address: 1D M. Hrushevskoho Street, Kyiv, 01001, Ukraine
SWIFT code: PBANUA2X
Contact information: 7erhiy@gmail.com, tel.: +38 (063) 472-49-04
14.1. This Agreement comes into force from the moment of its acceptance by the Customer and is valid until the Parties fully fulfill their obligations.
14.2. The Contractor has the right to unilaterally make changes to this Agreement by publishing an updated version on its website. Changes take effect from the moment of publication.