Public Offer Agreement
Welcome to the Website! Thank you for choosing us.
Before viewing the Website and ordering services from the Website, carefully read the Public Offer Agreement listed below. If you do not agree to these terms, refuse to order and use the services provided by this site.Browsing and / or using the site (https://websait.ua/) (далі "Вебсайт" або "Сайт") та Послуги, що надаються на Сайті (далі "Послуги" або “Роботи”) Студією Вебсайт (далі “Студія”), ви висловлюєте свою згоду на прийняття цих Умов використання без жодних обмежень. Особи, що оформлюють замовлення на сайті Вебсайт від імені юридичних осіб, представляють юридичну особу і підтверджують, що вони мають повноваження приймати ці Умови від її імені. Жодне положення цих Умов не розповсюджується на третіх осіб. Якщо ви не згодні з будь-яким із цих Умов, будь ласка, відмовтеся від використання цього Сайту та замовлення послуг на ньому.
Terms and conditions
Public offer agreement for the provision of services
On the provision of services for the development, creation and maintenance of sites, and other services to them, hereinafter referred to as the "Services", will be provided by our specialists, hereinafter referred to as the "Contractor", to any legal entity or individual, hereinafter referred to as the "Subscriber".
This agreement has the character of a public offer, is equivalent to an "oral agreement" and, in accordance with the current legislation of Ukraine, has proper legal force. This document is Official on the Website represented by FP "Website" (hereinafter referred to as the Contractor), addressed to an unlimited circle of persons, to conclude an Agreement on the terms of the Public Offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) on the provision of services on the following terms (hereinafter referred to as the Agreement). In accordance with Articles 641, 642 of the Civil Code of Ukraine, if the conditions set forth below are accepted, the individual who accepts this offer becomes the Customer, and the Contractor and the Customer jointly become the Parties to this agreement. The contract has legal force in accordance with the Civil Code of Ukraine and is equivalent to the contract signed by the parties.
This Agreement is an annex to the Agreement for the right to demand the provision of services for the development, creation and maintenance of sites, and other services to them No. ___ dated "__" ______ 202__ (hereinafter referred to as the "Agreement"), concluded between FP "Website", which is the contractor under the Agreement, and any legal or natural person, hereinafter referred to as the "Subscriber" and hereinafter referred to as the Customer under the Agreement.
This User Agreement is mandatory for review by the owners of the created websites "Business Card", "Online Store", "Corporate" and other services available on the websait.ua website and all services for the provision of remote maintenance and configuration of website software.
This Agreement, in which one party to FP "Website", registered in the Unified State Register of Legal Entities and Individual Entrepreneurs in the manner prescribed by current legislation and which is a single tax payer (hereinafter referred to as the Contractor), on the one hand, and any person who accepted (accepted) this offer (hereinafter referred to as the Customer), on the other hand, hereinafter jointly - the Parties, and each separately - the Party, entered into this Agreement (hereinafter - the Agreement), addressed to an unlimited circle of persons, which is the official public offer of the Contractor, to conclude an Agreement with any Customer on the provision of services in the field of informatization. When ordering and paying for the Contractor's Services, the Customers accept the terms of this Agreement on the following.
- GENERAL PROVISIONS
1.1. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer to enter into the Agreement in full, without signing a written copy of the Agreement by the Parties.
1.2. The Agreement has legal force in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
1.3. The Customer confirms the fact of familiarization and agreement with all the terms of this Agreement in full by acceptance.
1.4. Any of the following actions is considered acceptance of this public offer agreement: – the fact of registration of the Customer on the website of the Contractor and execution of the Order of the Contractor's Services on the website of the Contractor websait.ua;
– payment for the Contractor's Services on the terms and in the manner specified in this Agreement and on
relevant pages of the Contractor's Website websait.ua;
– written (including in electronic form by e-mail) notification of the Customer's acceptance of the terms of this Agreement to the e-mail address indicated on the websait.ua website.
1.5. By concluding this Agreement, the Customer automatically agrees with the full and unconditional acceptance of the provisions of this Agreement, prices for Services and all annexes that are integral parts of the Agreement.
1.6. After payment for the service, the User automatically agrees with all the terms and requirements of the Contractor and this agreement is automatically prolonged for all subsequent consultations, services and services that will be provided or are already provided to the Customer.
1.7. If the Customer does not agree with the terms of the Agreement, he has no right to enter into this Agreement, and also has no right to use the Services hereunder.
- TERMS AND DEFINITIONS
"Public offer agreement" – a public contract, a sample of which is posted on the websait.ua Website.
"Acceptance" – provision by the Customer of full and unconditional consent to the conclusion of this Agreement in full, without signing a written copy of the Agreement by the Parties.
«Services» – Service or several Services in the field of informatization (namely, remote setup services and master visits for the Customer), which are provided by the Contractor, and specified by the Contractor in the relevant section of the Contractor's Website websait.ua.
«Customer» – any capable individual, legal entity, individual entrepreneur who visited the Website websait.ua and accepted this Agreement.
«Performer» – a business entity, an individual entrepreneur providing services in the field of informatization and whose details are specified in section 12 of this Agreement.
«Orders» – duly executed and paid application of the Customer for the Services, addressed to the Contractor.
- SUBJECT OF THE CONTRACT
3.1. The Contractor undertakes, on the terms and in the manner specified in this Agreement, to provide the Customer with Services in the field of informatization (namely, website development services and website services), and the Customer undertakes to accept and pay for the ordered Services on the terms and in the manner specified in this Agreement.
3.2. The Customer and the Contractor confirm that this Agreement is not a fictitious or false transaction or transaction concluded under the influence of pressure or deception.
3.3. The Contractor confirms that it has the right to carry out activities in the field of informatization, in accordance with the requirements of the current legislation of Ukraine.
- RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
4.1. The Contractor shall:
- comply with the terms of this Agreement;
- provide the Service to the Customer in full;
- objectively inform the Customer about the Services and the terms of their provision on the Website websait.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 the current legislation of Ukraine and this Agreement.
- Funds for the services rendered/subscriptions are not refundable if the Contractor has started working on the Order, or more than 24 hours have passed since payment.
- RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The Customer shall:
- timely pay and receive the Order under the terms of this Agreement;
- read the information about the Services posted on the website of the Contractor.
5.2. The Customer has the right to:
- place an Order for the Services specified on the relevant page of the websait.ua Website;
- require the Contractor to provide the Services in accordance with the terms of this Agreement;
- other rights in accordance with the current legislation of Ukraine and this Agreement.
- ORDERING PROCEDURE
6.1. The Customer independently places an Order on the relevant page of the Website websait.ua by adding the Services to the virtual basket by clicking the appropriate button "Add to Cart", or using the payment system by clicking the "Confirm Order" button, or by placing an order by e-mail or by phone number specified in the contact section of the Website websait.ua.
6.2. The processing time of the Order by the Contractor is up to 3 (three) working days from the date of its registration. If the Order is sent on a weekend or holiday, the processing time of the Order starts from the first after the weekend business day.
- CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Service is determined by the Contractor and indicated on the relevant page of the Website websait.ua. The price of the Agreement (cost of the Order) is determined by adding the prices of all Services selected by the Customer.
7.2. The Customer pays for the Contractor's Services on the basis of this Agreement in the national currency of Ukraine - UAH.
7.3. Payment for the Services shall be made by:
7.3.1. transfer of funds to the current account of the Contractor (if the Customer is an individual or legal entity) or
7.3.2. using other means of payment indicated on the Contractor's Website (if the Customer is an individual).
7.4. The moment of payment for the Services is the time of crediting funds to the current account of the Contractor.
7.5. Payment for the Services shall be made by the Customer immediately or within 3 (three) banking days from the date of conclusion of the Agreement by the Parties and issuance of the relevant invoice by the Contractor. The invoice drawn up by the Contractor is valid for three banking days.
7.6. The Customer independently and at his own expense pays the cost of services of third parties, if necessary to receive the Contractor's Services under this Agreement (for example, registration, services, fees, consultations, etc.).
- THE PROCEDURE FOR RECEIVING SERVICES. THE PROCEDURE FOR ACCEPTANCE AND TRANSFER OF THE SERVICES PROVIDED.
8.1 The rules for the provision and receipt of the Services are indicated on the relevant page of the websait.ua Website and are annexes (integral parts) of this Agreement. All questions arising in the process of payment and receipt of the Services, the Customer can find out from the Contractor using the contact details specified in section 12 of this Contract Details of the Contractor.
8.2. The fact of receipt of the Services by the Customer - an individual is confirmed by payment by such Customer for the Contractor's Services. The Contractor is obliged to send the Customer an invoice for payment for the Services.
8.3. The fact of receipt of the Services by the Customer - a legal entity is confirmed by the Act of acceptance and transfer of the Services provided (hereinafter - the Act), signed by the Parties (or signed by the Contractor unilaterally in cases stipulated by this Agreement). The Contractor is obliged to send the Customer an invoice
- LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the parties shall be liable in accordance with the current legislation of Ukraine.
9.2. All disputes arising out of or related to this Agreement shall be resolved through negotiations between the Parties.
9.3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court under the established jurisdiction of such dispute in accordance with the legislation in force in Ukraine.
9.4. The Contractor shall not bear any responsibility for non-provision or improper provision of the Services to the Customer, subject to the occurrence of any circumstances that arose through no fault of the Contractor (namely, the occurrence of circumstances that arose through the fault or negligence of the Customer and / or the occurrence of circumstances that arose through the fault or negligence of any third party (any third parties) and / or the occurrence of force majeure).
- FORCE MAJEURE CIRCUMSTANCES
10.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations stipulated by this Agreement if it arose as a result of force majeure.
10.2. Force majeure circumstances in this Agreement mean any circumstances that arose against the will or against the will or desire of the Parties and which cannot be foreseen or avoided, including: hostilities, civil unrest, epidemics, blockade, earthquakes, floods, fires, as well as decisions or orders of public authorities and 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 obligations will be imposed on the Parties (or one of the Parties) or additional restrictions and which make it impossible to further fully or partially perform the Agreement, as well as other actions or events that exist outside the will of the Parties.
10.3. If force majeure circumstances continue for more than 3 (three) months in a row, each of the Parties will have the right to refuse further fulfillment of obligations under this Agreement and, in this case, neither Party will be entitled to compensation by the other Party for possible losses.
- OTHER TERMS OF THE CONTRACT
11.1. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the 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 as provided for in this Agreement.
11.3. The Contractor confirms that it is a single tax payer (group 3) at the rate stipulated 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 his Order.
11.5. By its acceptance of the Agreement, the Customer voluntarily agrees to the collection and processing of his personal data for the following purposes: the data that becomes known will be used for commercial purposes, including obtaining information about the order and processing information about it, sending advertising and special offers by telecommunication means (e-mail, mobile communication), promotional information or any other information about the activities of the https://komp Website. ua/. In case of unwillingness to receive information about the activities of the Website https://komp.ua/, the Customer has the right to contact the Contractor by writing an application for refusal to receive advertising materials and sending it to the postal or e-mail address of the Contractor.
11.6. The Contractor shall not be liable for the content and truthfulness of the information provided by the Customer when placing the Order. The Customer is responsible for the accuracy of the information specified when placing the Order.
11.7. The Customer is granted the right to use the Contractor's Services exclusively in its internal activities without the right to alienate or transfer them to third parties.
11.8. The Parties undertake to keep confidential information obtained as a result of the execution of this Agreement, except when it is authorized in writing by the other Party or required by government agencies in accordance with applicable law. The guilty Party shall be liable for disclosure of confidential information in accordance with applicable law.
11.9. The Agreement is public and indefinite and is valid until terminated by either Party in the manner prescribed by this Agreement or current legislation, but in any case until its final performance by the Parties. The parties agreed that the term of this Agreement may not be less than 1 (one) calendar month. 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, in accordance with and in accordance with the requirements of the current legislation of Ukraine, determines the terms of this Agreement and its annexes, which are its integral parts. The Contractor has the right to independently change and/or supplement the terms of this public Agreement and its annexes, including the rules for the provision and receipt of Services under this Agreement. In this case, the Contractor guarantees and confirms that the current version of the text of this Agreement and its annexes posted on the Contractor's Website, including the rules for the provision and receipt of Services under this Agreement, is valid.
- DETAILS OF THE CONTRACTOR
Location: Ukraine, Zakarpattia region. Rakhiv district, urban-type settlement Velykyi Bychkiv, vul. International 7
EDRPOU code 3146602937
Bank details: account IBAN No: UA223123780000026000053907204
in PJSC CB PrivatBank, MFO 312378
Phone +380 (67) 5577677
Phone +380 (50) 5577677
E-mail: [email protected]