Public offer agreement

1. TERMS AND DEFINITIONS

1. Service - development of a website (single-page, multi-page, online store), web design, or other services. The specific types and scope of the Services shall be determined by the Customer's order (in the application, brief, terms of reference or otherwise, including by correspondence via Internet resources) and agreed by the Parties.

2. Acceptance is the full, unconditional and unconditional acceptance by the Customer of the terms of the Public Offer and this Agreement, made in one of the ways provided for in Section 2 of this Agreement.

3. Website - a web page available on the Internet or a page in social networks (Facebook https://www .facebook.com/, Instagram https://www.instagram.com/), which contains information on the terms of service under this Agreement, in particular, but not exclusively: olimska-design.webflow.io/price; https://www.instagram.com/olimska.web.

4. Internet resources - various channels of electronic communication used for correspondence and interaction of the Parties to the Agreement between each other and with third parties through the Internet communication network (including through accounts linked to the telephone numbers of the Parties and representatives of the Parties to the Agreement, chat and indicated on the Internet as the contact details of the Party or the Party's campaign, including e-mail, social networks (Facebook https://www. facebook.com/, Instagram https://www.instagram.com/ and others) and messengers (WhatsApp https://www.whatsapp.com/, Telegram https://telegram.org/ and others), as well as other services (YouTube https://www.youtube.com/, TikTok https://www.tiktok.com/, Skype https://www.skype .com/, Zoom https://zoom.us/ and others) and information platforms and resources, hosting, aggregators providing services for the provision of resources for posting, transmitting, storing information on various servers and facilitating communication via the World Wide Web.

5. Object - a tangible (individualized) result created as a result of the provision of the Service.

6. The Statement of Work is a document provided by the Customer that contains information about the Object to be developed as a result of the provision of the Service, defines the main properties of the Object, the Customer's wishes, the specifics of the Customer's business processes to be supported by the Object, requirements for individual elements of the Object, its functionality, expected results, etc.

7. Brief - a questionnaire provided by the Contractor after receiving the Terms of Reference from the Customer, for the survey by one Party to the other in order to clarify all the details and tasks for the provision of the Service.

8. Iteration means a one-time set of amendments to the Object provided by the Customer in a single document.

9. A prototype is a schematic representation of one or more pages of a future website (Object) that shows the structural arrangement of individual interface elements.

10. Contractor - Individual entrepreneur Yevheniia Yevheniivna Olimska, Kyiv, tel. +380660506876, e-mail evgeniya251@gmail.com.

2. GENERAL PROVISIONS

1. This Agreement shall be concluded on the terms of the adhesion agreement (Article 634 of the Civil Code of Ukraine) and shall be deemed concluded from the moment of acceptance of the public offer.

2. The Agreement shall be deemed concluded and shall enter into force from the moment the Customer performs any of the actions provided for in clause 2.3. of the Agreement, which means full and unconditional acceptance of all the terms of the Agreement without any exceptions and/or restrictions and is valid for the entire period of receiving services, or until termination on the grounds specified in the terms of the Agreement or the norms of the current legislation of Ukraine.

3. The Service Customer accepts the Agreement after familiarization with its terms and conditions set forth on the Website or provided within the framework of correspondence with the Contractor by performing any of the following actions in combination or separately
3.1. sending a request to the Contractor by the Customer via the Internet resources or directly contacting the Contractor in any other way;
3.2. ticking the box next to the statement: "I have read and agree to the terms of the Public Offer";
3.3. partial or full payment by the Customer for the Services, or by another person authorized by him/her, in accordance with the procedure established by this Agreement;
3.4. performing other actions that indicate the Customer's acceptance of the terms of the Public Offer, including the transfer of documents, Brief, Terms of Reference, providing information, giving consent (including confirmation of consent) for the Contractor to perform actions in the interests of the Customer in accordance with the terms of the Customer's order.

4. Any of the actions specified in clause 2.3 separately, if performed by the Service Customer, indicates that the Service Customer is familiarized with this Agreement and agrees to its terms in full.

5. The conclusion of the Agreement means that the Customer of the Services:
5.1. has received and familiarized himself with all the necessary information about the Services and the procedure for their provision;
5.2. grants the Contractor the right to collect, process and store the Customer's personal data in accordance with the procedure established by the Law of Ukraine "On Personal Data Protection";

6. The Agreement shall be deemed concluded and shall enter into force upon acceptance and shall be valid for the entire period of receipt of the Contractor's Services by the Customer or until termination on the grounds specified in the terms of the Agreement and/or the norms of the current legislation of Ukraine.

3. SUBJECT OF THE CONTRACT

1. Under this Agreement, the Contractor undertakes to provide the Customer with the Services specified in clause 1.1. of this Agreement, and the Customer undertakes to accept the Services provided and pay for them in the manner and on the terms and conditions specified in this Agreement and the legislation of Ukraine.

2. Services are provided remotely via the Internet.

4. PROCEDURE FOR THE PROVISION OF SERVICES

1. The Customer selects one of the types of Services on the Contractor's Website and notifies the Contractor of the desire to place an Order for the Service.

2. The Customer provides the Terms of Reference and fills in the Brief, and makes full payment for the development of the Prototype of the Facility based on the invoice.

3. The Prototype development period is 5 business days and includes, in particular, analysis of the Customer's field of activity, search for references (samples), development of a website map.

4. If the Customer approves the Prototype, the Contractor shall calculate the cost of the Service taking into account the Terms of Reference, Brief, Prototype, communication with the Customer and provide an invoice for payment, which shall set forth the total cost of the Service.

5. The Customer shall make a fixed subscription (deposit), the amount of which shall be communicated by the Contractor in correspondence via Internet resources, to include the Customer in the Contractor's service schedule. In case of refusal to provide the Service by the Customer, the deposit paid under this clause of the Agreement shall not be refunded.

6. The Service is provided in two stages, which are determined and agreed upon by the Parties in correspondence via Internet resources and/or in the invoice. Payment for the Service is made on the basis of the invoice issued by the Contractor in the following sequence:
6.1. The first part of the payment in the amount of 50% of the total cost of the Service specified in the invoice by the first day of the Service provision by the Contractor, which is determined by the Parties;
6.2. The second part of the payment in the amount of 50% of the total cost of the Service specified in the invoice before the second stage of the Service provision.

7. The Customer shall pay for the Services in accordance with clause 4.6. of the Agreement in a non-cash form by transferring funds to the Contractor's bank account.

8. Within the terms agreed by the parties, the Contractor shall provide the results of the services rendered to the Customer for review after each of the two stages, the Customer shall have the right to make one set of changes after each stage. One package of amendments has no restrictions on the number of iterations (edits), provided that they are provided simultaneously. In case of making changes to the developed Objects, the term of the Service shall be extended by the period required for making changes. A greater number of Iterations (revisions) after each stage shall be agreed upon by the Parties additionally and paid by the Customer on the basis of a separate invoice.

9. If during the provision of the Service the Customer has ordered additional services than were agreed upon when the invoice was issued, the Customer shall be provided with an invoice for payment for these additional services upon completion of the second stage. The Customer shall pay all invoices issued by the Contractor within three calendar days from the date of completion of the second stage of the Service or invoice, but in any case before the domain is connected and the Website is published on the Internet.

10. Upon receipt of the final payment for all Services rendered, the Contractor shall transfer passwords to the resources/platforms where the results of the Services rendered are posted or otherwise provide access to the Objects developed as part of the Services.

11. The services provided shall be deemed accepted by the Customer if, within three calendar days from the date of submission of the results of the services to the Customer for review in accordance with clause 4.8. of the Agreement, the Contractor does not receive written objections from the Customer on their merits.

12. In case of any comments to the provided Service, the Customer shall provide (send) the Contractor a written substantiated refusal to accept the Service within the same period specified in clause 4.11. of the Agreement, indicating the discrepancy, describing the poorly provided services or other reasons that prevent the acceptance of the Services. The refusal shall be sent to the official e-mail of the Contractor evgeniya251@gmail.com. If the Contractor recognizes the comments as justified, it shall eliminate the discrepancies within the time required for this.

13. Drawing up the Act of Services rendered under this Agreement is optional and shall be carried out at the initiative of one of the Parties after payment for the Services.

14. The Services under this Agreement shall be provided by the Contractor on business days (i.e., excluding weekends and official public holidays) from 10:00 to 19:00, if it is necessary to receive the Service outside this schedule, the Customer shall pay for the Service in double amount in full prepayment.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The Contractor undertakes to: 1.1. Timely, efficiently and in full provide the Services provided for in this Agreement, provide the Customer with information and documents related to the result and process of providing the Services;1.2. Inform the Customer about any circumstances that impede or may impede the quality, timely or complete provision of the Services in accordance with this Agreement

2. The Contractor has the right to:
2.1. Refuse to provide the Services in case of improper performance by the Customer of its obligations under this Agreement. In particular, but not exclusively, the Contractor may unilaterally refuse to provide further services without reimbursement of the prepayment for the Services in the following cases:
2.1.1. untimely and (or) incomplete payment for the Services in accordance with clause 4.6. of the Agreement;
2.1.2. dissemination of negative information about the Contractor that harms its business reputation;
2.2. Involve third parties in the performance of the Contractor's duties under this Agreement;
2.3. To publish the result of the Services rendered in any information sources for the purpose of advertising and informing about the services provided by the Contractor and third parties in the course of the performance of this Agreement. All property and non-property intellectual property rights to any objects created by the Contractor shall be transferred to the Customer from the moment of signing the Agreement. 2.4. To demand full and timely payment for the Services

3. The Customer undertakes to:
3.1. Accept the provided Services and pay for them in accordance with Section 4 of this Agreement;
3.2. Pay for additional services, the cost of which is not included in the cost of the Service, in particular, the cost of a domain, a platform for the development and placement of the Objects developed under the Agreement, the implementation of payment systems, etc.
3.3. Provide the Contractor with all necessary materials and information (images, texts, links, etc.) no later than the first day of the Service, which is agreed by the Parties and included by the Contractor in its work schedule
3.4. Fulfill other legal requirements of the Contractor necessary for the proper execution of this Agreement

4. The Customer has the right to:
4.1. Receive the Services in a timely manner, in a quality manner and in full in accordance with the terms of this Agreement;
4.2. Make changes to the objects developed under this Agreement, but in the amount of no more than two packages for each stage, or more for an additional fee, one package of changes shall be provided to the Contractor no later than 5 working days after familiarization with the results after each stage of the provided Service;
4.3. Upon completion of the Service, contact the Contractor to order additional services related to the support of the created Facility, receive instructions on how to manage the Facility independently and pay for them on a separate invoice;
4.4. Receive necessary and reliable information from the Contractor on the scope of the Services provided by him, as well as information on the progress of the Services.

6. RESPONSIBILITY OF THE PARTIES

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

2. In the event of disputes related to the Parties' performance of this Agreement, except for disputes regarding debt collection from the Customer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim shall be 7 (seven) calendar days from the date of its receipt. The claim procedure shall not apply to disputes in connection with debt collection from the Customer

3. The Contractor shall not be liable to the Customer for failure to provide services under this Agreement, if such failure is due to the Customer's fault (failure to provide the necessary documents, information, failure to purchase or untimely purchase of the necessary additional services, etc.)

4. In case of violation by the Customer of the terms of transfer of materials and information to the Contractor, which are specified in clause 5.3.3. of the Agreement, the Customer shall pay the Contractor a fine for each day of delay in the amount of 10$ per day

5. In case of violation by the Customer of the deadlines for submitting the amendments specified in clause 5.4.2. of the Agreement, the Customer shall pay the Contractor a fine for each day of delay in the amount of 10$ per day

6. In case of violation by the Customer of the obligation to pay, the terms and amount of payment set forth in Section 4 of this Agreement, the Customer shall pay a penalty in favor of the Contractor in the amount of 1% of the amount of overdue payment for each day of delay

7. All penalties specified in Section 6 of this Agreement shall be paid by the Customer within three days from the date of invoice for their payment, in case of delay in payment, the Contractor shall have the right to suspend the provision of the Service and not to transfer the Object developed under this Agreement in accordance with Clause 4.10. of the Agreement.

8. The Contractor shall not be liable for the discrepancy between the provided Services and the Customer's expectations and/or subjective assessment. Such a discrepancy with expectations and/or a negative subjective assessment shall not be grounds for considering the Services to be provided with poor quality or not in the agreed amount

9. In no event shall the Contractor's liability under this Agreement exceed the cost of the Services not provided or provided in a poor quality manner to the Customer.

7. FORCE MAJEURE CIRCUMSTANCES

1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of the terms of this Agreement in the event of force majeure for the duration of such circumstances

2. The Parties shall understand force majeure to mean: fire, natural disasters (flood, landslide, etc.), wars, military operations of any nature, blockades, export or import bans, strikes, epidemics, decisions and actions of the authorities, interference of the authorities and other circumstances beyond the control of the Parties that impede the performance of this Agreement

3. The fact of occurrence and termination of all force majeure circumstances shall be certified by the relevant documents, which, in accordance with the current legislation of Ukraine, shall be a confirmation of such circumstances. The Party for which force majeure has occurred shall immediately inform the other Party thereof. From the moment of receipt of such notification by the other Party, the time for fulfillment of obligations under this Agreement shall be postponed for the duration of the relevant circumstances

4. A Party that refers to force majeure as a reason for non-fulfillment or improper fulfillment of its obligations shall be released from liability only if such force majeure arose after the conclusion of this Agreement, their occurrence is caused by events beyond the control of such Party, and such Party has taken all necessary measures to avoid the negative consequences of such circumstances.

8. PERSONAL DATA

1. By accepting this Agreement, the Customer agrees to the collection, processing and transfer of his personal data (in particular, to receive, enter into the database, transfer to third parties, supplement or otherwise change, destroy and other actions that the Contractor may perform with his personal data in written (paper), electronic and other forms in order to ensure the implementation of civil and economic relations, settlements with the Customer, accounting and tax accounting, as well as for other purposes that do not contradict the current legislation

2. The Customer hereby confirms his/her consent that, if necessary, his/her personal data may be processed and provided to third parties solely for the purpose of performing the Services under this Agreement.

9. OTHER TERMS AND CONDITIONS

1. The following correspondence between the Parties, including through Internet resources, shall also have the force of writing (and shall be considered annexes to this Agreement)

2. This Agreement (and even if the Client has made the Acceptance of the Agreement in accordance with the terms of this Agree