PUBLIC TREATY (OFFER) FOR THE RENDERING OF SERVICES
1. GENERAL PROVISIONS
1.1. This Public Contract (hereinafter referred to as the "Offer") is an official offer of the "Contractor" on the site https://smartexpert.net/ (hereinafter referred to as the Site) for rendering services to legal and / or capable individuals (hereinafter referred to as the Customer) on the conditions listed below. The list, scope, cost, terms and procedure for the provision of services shall be determined by the Parties in the Supplementary Agreement (s), which is an integral annex to the Offer.
1.2. The acceptance (acceptance) of this Offer means full and unconditional acceptance by the Customer of all conditions without any exceptions and / or restrictions and is equal, in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine) to the conclusion of a bilateral written agreement by the parties on the conditions set forth below in this Offer.
1.3. The contract is considered concluded (accepted) from the moment of receipt of the Customer's funds to the settlement account of the Contractor.
1.4. The Contractor and the Customer shall provide mutual guarantees of their legal capacity and legal capacity necessary for the conclusion and execution of this Agreement.
1.5. The contract is unlimited. Any party may break it in the manner prescribed by the Treaty.
1.6. The Contractor has the right unilaterally to make changes and additions to this Agreement. The Contractor, with a view to familiarizing the Customer with such changes, publishes them by posting a new version of the Agreement on the Site not earlier than 10 working days before they come into force.
1.7. The moment when the Customer is familiarized with the amendments to the Contract is the moment from which the information has become available to the Customer, respectively, the conditions of clause 1.6 of this Agreement. The current valid version of the Agreement is on the Internet on the Site.
1.8. In case of disagreement of the Customer with changes and additions made by the Contractor, he is obliged to inform the Executor about this by means of an official appeal. The continued use by the Customer of the Site and the services of the Contractor after the publication of the amended version of the Agreement is understood as the Customer's agreement with them.
2. DEFINITIONS AND TERMS
2.1. In this Offer, the following terms are used in the following meaning:
The offer is a real public service contract. The site is an Internet site:https://smartexpert.net/, used by the Contractor as a property.
Acceptance of the Offer is the full and unconditional acceptance of the Offer by means of carrying out actions to pay for services in accordance with the terms of the relevant Supplementary Agreement agreed by the Parties.
The executor is https://smartexpert.net/ in the person of FOP Timoshenko VAor other business entity that has the right to provide services to the Customer on the terms of this Offer.
Customer - a person who has accepted the acceptance of the Offer on the conditions set forth therein.
Contract for the provision of services (hereinafter referred to as the "Agreement") is a contract between the Customer and the Contractor for the provision of services, which is concluded by the Acceptance of this Offer.
3. SUBJECT OF THE OFFER
3.1. The subject of this Offer is the provision of paid services to the Customer by the Contractor's forces in accordance with the terms of this Offer and the Additional Agreement (s).
3.2. List of Services that may be provided by the Contractor:
Development of online stores;
Development of Landing Page;
Development of complex software;
Development of WEB-design for projects;
Development of Presentations;
Creating marketing strategies;
Creation of strategies for attracting investments;
This list of services can be expanded and changed by the Contractor. The full list of services, their cost, procedure and terms of execution, scope are agreed by the Parties in the Additional agreement (s), which is an integral annex to the contract.
3.3. The cost of the Contractor's services is established in the Supplementary Agreement. This Agreement and the relevant Supplemental Agreement shall be deemed concluded from the moment of receipt of funds to the settlement account of the Contractor.
3.4. Payments under this contract are made by the Customer to the settlement account of the Contractor through a bank or acquiring bank. Payment for the Contractor's Services is carried out by the Customer after receiving the Agreement and the agreed Supplemental Agreement by e-mail.
3.5. Payment by the Customer of the services of the Contractor is considered a confirmation of the e-mail specified by him. The Contractor within 1 working day after receiving the payment (advance payment) opens access for the mail indicated by the Customer for receiving instructions / control over the progress of the services, including changes in the composition and volume of the services ordered. In case of receiving instructions from the Customer about the desire to amend the Supplementary Agreement, the Contractor forms a new Supplemental Agreement and sends it to the Customer's e-mail. The new Addendum is considered concluded after the Customer fulfills the conditions of clause 3.3 of this Agreement. Only after proper conclusion of the Supplementary Agreement, the Contractor proceeds to its execution.
The Customer undertakes to be responsible for the safety of access to the specified e-mail, including password confidentiality. When the Customer determines the fact of unauthorized access to his e-mail, he undertakes to notify the support service of the Contractor at the following address to the address: email@example.com. as soon as possible. Any actions made in the Supplemental Agreement using this e-mail are considered to be such that they were committed by the Customer, until the Customer's official request that this e-mail address was discredited.
3.7. After the completion of the provision of the Services in full, the Contractor forms the Acceptance and Acceptance Act of the services, signs it and sends it to the Customer's e-mail address. Absence within 5 working days of written objections from the Customer about acceptance of the services specified in the Act is considered their acceptance by the Customer without objection and the signing of the Act.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Obligations of the Contractor:
4.1.1. Adopt all the additional agreements approved by the Parties for execution, provided the Customer fully meets the conditions set out in clauses 3.4., 3.5. actual agreement.
4.1.2. Properly fulfill all the conditions of this Agreement and adhere to the terms of the provision of services.
4.1.3. Do not disclose the information received from the Customer without the written consent of the latter and observe confidentiality regarding the provision of services, except for information that must be provided to the controlling and law enforcement bodies upon their request in accordance with the legislation of Ukraine.
4.1.4. If necessary, take part with the Customer or independently, on the instructions of the Customer, in negotiations with third parties on any issues related to the subject of this Agreement.
4.1.5. In case of circumstances that may affect the performance of the services, within 1 (one) day after their occurrence, inform the Customer about this and provide information on the time of the end of the circumstances and the performance of the responsibilities.
4.2. Rights of the Contractor:
4.2.1. Suspend the provision of services in the event of a violation by the Customer of the terms of payment under this Agreement until the Customer's repayment of the debt, and also in the event that the Customer does not provide the Contractor with any information necessary to fulfill the obligations provided for in this Agreement. In this case, the Contractor shall be released from liability for untimely rendering of services provided for in this Agreement. Terms for the provision of services are extended for the period of such suspension through the Customer's fault.
4.2.2. Require the Customer to provide the necessary information to fulfill the terms of this Agreement.
4.2.3. To attract third parties for the provision of services under this Agreement. If third parties are involved in the implementation of the terms of this Agreement, the Contractor remains liable to the Customer for the actions of such third parties as for their own.
4.3. Obligations of the Customer:
4.3.1. Provide the necessary materials and information to perform the services at the request of the Contractor within 1 (one) business day from the receipt of the request from the Contractor.
4.3.2. Do not disclose the information received from the Contractor without the written consent of the latter and observe confidentiality regarding the provision of services, except for information that must be provided to the controlling and law enforcement bodies at their request in accordance with the legislation of Ukraine.
4.3.3. Pay for services in accordance with the terms of this Agreement, additional agreements.
4.3.4. Accept the services rendered properly and sign the Act in the manner and under the terms of this Agreement.
4.4. Rights of the Customer:
4.4.1. To monitor the performance of services provided by the Contractor.
4.4.2. Provide substantiated written comments on the services and the Act.
4.4.3. Require the Contractor to properly perform the obligations provided for in this Agreement.
5. RESPONSIBILITY OF THE PARTIES
5.1. For failure to perform or improper fulfillment of obligations under this Offer, the parties are liable in accordance with the legislation of Ukraine.
5.2. The parties bear full responsibility for the correctness of the details indicated by them and undertakes to notify their replacement in a timely manner, and in the event the communication carries the risk of the associated adverse consequences.
5.3. In the event that the Customer provides untrue data and / or invalid documents, the Contractor is not liable for the consequences associated with this.
5.4. Disputable issues arising between the Parties in the process of implementing the Treaty shall be resolved through negotiations, and in case of failure to reach agreement - in accordance with the legislation of Ukraine.
5.5. All claims for the quality of services rendered should be sent by the Customer to the Contractor's address by submitting an application to the address: firstname.lastname@example.org. The time period for consideration of the Customer's claim (s) by the Contractor is 30 (thirty) days from the date of receipt of the claim against the Contractor, after which the Contractor takes one of the following decisions:
1) on disagreement with the claim and on refusal to return money, or
2) on the consent with the claim and on the satisfaction of the demand for the return of funds.
5.6. In the event that the Contractor makes a decision on the return of funds, the funds are returned to the Customer by way of: crediting them to the Customer's account in payment systems, a credit card. All refunds are made on condition that the Customer sends to the Executor the application in the form that will be sent to the Customer by e-mail. The parties unreservedly accept that the final decision on the method of return of funds remains in each case at the discretion of the Contractor.
6. FORCE MAJEURE
6.1. Force majeure circumstances, such as natural disasters (fire, storm, flood, earthquake, etc.), hacker, viral or ddos attack, other unpredictable circumstances, declared and undeclared war, military actions, insurrection, terrorist act, blockade, revolution, riots, unlawful acts of third parties and the like, under the conditions that the circumstances noted have affected the failure or improper performance of the obligation for example.
6.2. The Party is obliged within 3 (three) business days to report the occurrence of force majeure circumstances to the second party. If the circumstances of force majeure last more than 90 (ninety) calendar days in a row, the Parties have the right to unilaterally terminate this Agreement, with a report to the other Party not later than 30 (thirty) calendar days prior to the termination date. At the same time, damages caused by the termination of the Agreement are not reimbursed and penalties are not paid. The fact of availability and duration of force majeure circumstances is confirmed by the relevant competent authority. The occurrence of force majeure circumstances does not exempt the Customer from settlement with the Executor for actually rendered services.
6.3. The parties agreed that in the event of the circumstances stipulated in paragraph 6.1. Of the Agreement, the deadline for the performance of obligations under this Treaty is postponed for a period of time during which these circumstances and their consequences acted.
6.4. If force majeure circumstances and their consequences continue for more than six months, the parties must conduct negotiations as soon as possible in order to identify alternative ways for the Parties to fulfill the conditions of this Treaty and to reach appropriate written agreements.
7. PERSONAL DATA
7.1. All documents, information, information about the user, his authorized persons, other personal data received by the Contractor in connection with the fulfillment of the terms of this Agreement, are processed (including preserved) in order to ensure and satisfy the needs and requirements of the Customer in full compliance with the requirements of the laws of Ukraine "On the protection of personal data", "On the protection of information in information and telecommunications systems."
7.2. The Customer agrees to collect, register, accumulate, store, adapt, modify, renew, use and distribute (distribute, sell, transfer), depersonalize, publish and destroy his personal data. The processing of personal data is carried out automatically, and in some cases - by authorized employees of the Contractor in electronic and paper form, in card files, systematized documents (protocols, information, books, registers), other separate documents (contracts, invoices, certificates, etc.) .
7.3. The personal data of the Customer (name, patronymic, surname, series, number, date and place of issue of the passport, registration number of the taxpayer's registration card, place of registration, contact details, tax status) used by interaction with the Contractor, processed and stored on the equipment (server) of the Contractor . The Customer agrees that such personal data may be transferred by the Contractor to third parties who are with the Contractor in contractual partnerships aimed at developing the functionality of the Site, extending the scope and scope of possible counterparties, simplifying the technological processes and / or enhancing the protection of customers and their personal data.
7.4. Accepting the terms of this Agreement, each subject of personal data:
- Accepts this Agreement as a whole and in full;
- agrees to the processing of their personal data and confirmation that they are acquainted (a) for the purpose of processing the personal data specified in this Agreement and the rights granted to the subject under art. 8 of the Law of Ukraine "On Protection of Personal Data".
8. GUARANTEES OF SERVICE QUALITY
8.1. The Customer, accepting the conditions of this Offer, also assumes the risk of non-receipt of profit and the risk of possible losses related to the use of the services received by the Customer in the course of the Contractor's performance of this Agreement.
8.2. The acceptance for consideration of the claims of the Customer with a demand for the return of funds in full shall be terminated after 5 (five) working days from the date of payment, which is unconditionally accepted by the Parties. There is no other way to extend the guaranteed repayment period and contradicts this Offer.
8.3. In case of receipt of the Customer's request for the return of funds after 5 (five) working days after the payment is made, the Contractor is entitled to withhold the cost of the services rendered. In any case, the amount of funds subject to return in this case can not exceed 50 (fifty)% of the paid funds.
8.4. The customer is obliged to submit written claims to the quality of the services provided within 5 (five) working days, from the date of their completion and presentation. Absence in the specified period of claims to the rendered service is considered their acceptance by the Customer.
9. COMMERCIAL SECRET AND CONFIDENTIAL INFORMATION
9.1. Commercial secret means information relating to the subject matter of the Customer and the Contractor related to technological information, know-how, financial management, databases of customers, the Contractor and related persons, and other information whose disclosure (transmission, leakage) may cause damage their interests.
9.2. Confidential information is understood as such information, the disclosure of which may cause direct material or moral damages to the other party and / or related persons. The Customer and the Contractor also determine confidential information, including but not exclusively: details, the list of services chosen by the Customer and their cost, other information that is not open or public and relates to the Agreement, all provisions of other contracts between the Customer and the Contractor and the like.
9.3. Related persons are understood as any physical and legal persons, disclosure of trade secrets or confidential information of which is undesirable for the Contractor and / or the Customer. Information that is not classified as a commercial secret, which can not be such in accordance with the current legislation of Ukraine.
9.4. The Customer and / or the Contractor is responsible for disclosure (transfer, leakage) of information that represents commercial secret or confidential information of the other party or related persons from the date of acceptance of this Offer, during the whole term of service provision and two years after the termination of this Agreement. The Customer and the Contractor guarantee the non-disclosure of commercial secrets or confidential information of each other, which became known to their employees in the course of their compliance with the terms of the Treaty.
9.5. It can not be regarded as the disclosure of trade secrets or confidential information, the transfer of such information to lawfully acting law enforcement or other competent authorities in the amount they are requested, provided they fully comply with the current legislation of Ukraine.
10. OTHER PROVISIONS
10.1. The Customer guarantees that all conditions of the Offer are clear to him and he accepts them unconditionally and in full, without any conditions, exceptions and reservations.
10.2. In the event that is not settled by this Agreement, the Parties undertake to be guided by the norms established by the current legislation of Ukraine.
10.3. The legislation of Ukraine is applied to this contract.