1.1. This document, in accordance with the Civil Code of Ukraine, is a public offer (Offer) of an Individual Entrepreneur Golopotylyuk Evgeniy Andreevich, registered in the USREOU, hereinafter referred to as the “Contractor”, to conclude a Service Agreement, hereinafter referred to as the “Agreement”, and contains the conditions necessary for the provision of services, hereinafter referred to as the "Services".
1.2. According to Part 2 of Article 642 of the Civil Code of Ukraine, in case of advance payment of funds for future services, legal entities and individuals confirm their desire to conclude an Offer (Agreement) on the proposed conditions and acceptance of the Contractor's offer (acceptance). From the moment of advance payment, the above persons acquire the status of "Customer".
2.1. The Contractor provides services for the Customer in accordance with the terms of this Offer. Information about the cost of the Services may be located on the pages of the resource https://web.besale.com.ua, or the cost of the Services is calculated additionally before the start of the provision of the Services.
2.2. The scope of this Offer applies to all offers that the Contractor offers to the Customer on the websites:
2.3. The Contractor has the right to change the terms of this Offer by publishing a new version of the Offer on the website:
https://web.besale.com.ua not later than 5 (five) working days before the relevant changes come into effect.
2.4. The Contractor does not have the right to change the terms of the Offer during the period when the Services have not yet been rendered by the Contractor or have not been rendered in full, but have already been advanced/paid by the Customer.
3.1. The Contractor provides the Customer with services at the request of the Customer in the field of information technology: the development of a website, the conduct of digital advertising campaigns according to the Contractor's tariffs or an individual tariff.
3.2. The Customer owns all property rights to the materials transferred by the Customer to the Contractor, as well as to the materials created by the Contractor in the performance of the Agreement in accordance with this Offer and paid for by the Customer. The copyright for the above materials remains with the Contractor.
3.3. The Contractor has the right to install a hyperlink or its logo on each page of the website).
3.3.1. After reviewing the terms of this Offer, and choosing a specific type of Services (or several services), the Customer fills out and sends the Application/brief/terms of reference to the Contractor or verbally formulates the content of this Application for the provision of services.
3.3.2. If the type of activity of the Customer is subject to licensing, then the Customer is obliged to provide the Contractor with all necessary copies of Licenses and Certificates.
3.4. On the basis of the received Application/brief/terms of reference or an oral message, the Contractor issues an invoice to the Customer for payment for the Service (Services) chosen by him in writing. Upon payment by the Customer of the amount indicated in the invoice, the Service Agreement according to this offer is automatically considered concluded.
3.5. The Contractor begins to fulfill its obligations, in accordance with the terms of this Offer, no later than the next business day from the date of payment of the advance payment for the ordered Services, in accordance with the invoices issued to the Customer, while adhering to the terms of the provision of the Services established by the Technical Requirements.
3.6. If the Contractor properly fulfills its obligations under the Contract, the Customer accepts the work performed, including according to the Certificates of Completion of Works (the need to provide the Certificates of Completion of Works must be indicated at the time of filling out the Application), which are sent to the Customer by the Contractor at his request. The Customer, within 3 (three) days, signs the received Certificate of Completion, and in case of detection of deficiencies in the acceptance by the Customer of the services provided by the Contractor, during this period draws up a reasoned refusal to accept works (services) indicating the deficiencies and the deadline for their elimination and sends it to the Contractor . The Contractor is obliged to eliminate the deficiencies indicated in the refusal within a reasonable time and provide a new Certificate of Completion to the Customer. If the Customer does not sign the Certificate of Completion and does not present a reasoned refusal to accept the work performed within 3 (three) days, the Certificate is considered signed, the work is accepted. If the Acts of completed work are not issued, the work is considered accepted if the Customer does not submit his written claims to the Contractor within 3 (three) days.
3.7. When developing a website for the Customer, in accordance with this Offer, in the absence of an agreed expiration date of the Agreement, determined by the parties jointly, the Agreement is considered fulfilled in the absence of reasonable written comments from the Customer.
4.1. Payment for the Services under the Agreement is performed by the Customer by making an advance payment of the cost of the ordered Service in the agreed amount, followed by full payment after the end of the Service (if such a payment procedure was agreed initially).
4.2. In the event of termination of this Agreement due to the fault of the Customer, failure by the Customer to fulfill any agreements and obligations, obstruction by the Customer of the normal performance of the Agreement (clause 5.5 of this Agreement), non-payment of the remaining part of the funds upon completion of the provision of services/works under the Agreement, advance payment (prepayment) is non-refundable. The results of the services/works performed in this case are not transferred to the Customer, the Contractor disposes of them at its own discretion.
4.3. The Customer has the right to unilaterally refuse the Services of the Contractor at any time. In this case, the Customer is obliged to notify the Contractor 5 days before the date of termination of the Agreement. In case of unilateral termination of the Agreement at the request of the Customer, the funds will not be returned to the Customer. The results of the work are either not transferred to the Customer, or are transferred only at the request of the Contractor. If the Customer has claims to the quality of the Services provided by the Contractor and puts forward insufficient quality as a reason for terminating the Agreement, he is obliged to provide documentary obligations or provide correspondence with the Contractor proving the Contractor's improper performance of his duties.
4.4. Upon termination of the Agreement at the initiative of the Customer in the presence of the fault of the Contractor (see clause 4.3 of the Contract), the Contractor shall return to the Customer the unused funds with the justification for the work already performed at the time of termination of the Contract, the used funds for which are not returned. The results of the work performed at the time of termination of the Contract, in this case, are fully transferred to the Customer.
5.1. According to this Offer, the Customer undertakes:
5.1.1. Transfer in electronic form (to an email address, on a physical medium, or via instant messengers) the materials necessary for the provision of services that meet the technical requirements of the Contractor before the start of the provision of the Services.
5.1.2. Pay invoices within 2 (two) banking days from the moment they are received.
5.1.3. Sign the Certificates of acceptance and transfer of the services rendered within 3 (three) days from the date of their receipt (if the need for the acceptance certificates of the services provided was stipulated at the conclusion of the Agreement). If during the specified period the Acceptance and Transfer Certificates of the services rendered are not signed, or the Contractor does not receive a reasoned refusal, then the Acceptance and Transfer Certificates of the services rendered are considered signed, and these Services are provided properly and in full without any comments and claims from the Customer's side. The legal consequences of such a fact are equated to the legal consequences of signing the Certificates of acceptance and transfer of services rendered.
5.1.4. Comply with the requirements of the Besale Digital Agency Service Rules: ______.
5.2. According to this Offer, the Contractor undertakes:
5.2.1. In case of non-compliance of the transferred materials with the technical requirements, immediately inform the Customer about this by sending your comments in writing by e-mail (or other available means of communication and communication). In this case, the term for the performance of services is postponed until these comments are corrected.
5.2.2. Provide Services on time and in compliance with the conditions established by the Offer.
5.2.3 If necessary, within 3 (three) days after the end of the provision of the Services, provide the Customer with the Certificate of acceptance and transfer of the services rendered.
5.2.4. Comply with the requirements of the Besale Digital Agency Service Rules: ______.
5.3. The Customer has the right to inform the Contractor about the detected shortcomings in the provision of the Services.
5.4. The Contractor has the right to timely receive the information necessary for the provision of the Services.
5.5. The Contractor has the right to terminate this Agreement without returning the advance (clause 4.2 of this Agreement) in case of non-compliance by the Customer with any agreements and obligations agreed upon at the conclusion of the Agreement or in the process of its implementation, both in writing and orally; an attempt to change the initial terms of reference or other requirements for the implementation of the contract in the course of work by the Customer, both in writing and orally; the creation by the Customer for any reason of conditions, both technical and economic, that prevent the normal completion of the Agreement or make it impossible to fulfill it; non-provision by the Customer of materials and equipment specified at the conclusion of the Agreement or in the process of its implementation by mutual agreement, necessary for the implementation of the Agreement; late or incomplete payment of services. In the above paragraphs, the Agreement is considered terminated due to the fault of the Customer. The results of the work performed in this case are not transferred to the Customer.
5.6. The Contractor has the right (regardless of the existence of any other Agreement with the Customer) to suspend the provision of services in the event that the Customer fails to comply with any agreements and obligations stipulated at the conclusion of this or any other Agreement or in the process of its implementation, both in writing and orally; creation by the Customer, for any reason, of conditions, both technical and economic, that impede the normal completion of the Agreement; non-provision by the Customer of any materials and equipment specified at the conclusion of the Agreement or in the process of its implementation by mutual agreement, necessary for the implementation of the Agreement; late or incomplete payment of services. In the above paragraphs, if the reasons for the suspension of the Agreement are not eliminated, it may be terminated (due to the fault of the Customer). The results of the work performed in this case are not transferred to the Customer.
Re-resumption of services is carried out only after the Customer eliminates the reasons that led to the suspension of services, the Customer immediately pays penalties in a fixed amount of 500.00 (five hundred) UAH. At the same time, the term of the Agreement is automatically extended for the downtime.
5.7. The Contractor has the right to establish on each page of the site developed for the Customer a hyperlink to the site with its logo or name.
5.8. All other issues relating to the rights to the Site are governed by the current legislation of Ukraine.
6.1. In case of non-fulfillment or improper fulfillment by one of the Parties of its obligations under this Offer, the Parties shall be liable in accordance with the current legislation of Ukraine.
6.2. In the event of claims, disputes, a decrease in the visibility or rating of the site, the application of penalties by third parties and / or regulatory authorities related to the provision of services, the Customer considers and resolves these issues independently, without involving the Contractor, and also undertakes to immediately compensate the Contractor for in full, any losses, costs, including penalties resulting from the violation of the above rights, warranties, etc.
6.3. The validity of the guarantees specified in the Agreement extends for an unlimited period of time and does not end after the termination of this Agreement.
7.1. The Parties are released from liability for full or partial non-fulfillment or inappropriate fulfillment of their obligations if it is caused by circumstances of an insurmountable nature (force majeure) that the Parties could not foresee or resist by reasonable actions. In the event of occurrence of circumstances of an insurmountable nature, the term for the fulfillment of obligations shall be postponed for the period of validity of these circumstances.
7.2. Under the circumstances of an insurmountable nature, the Parties mean the circumstances that occurred after the signing of this Agreement as a result of events of an extraordinary nature, such as: war, hostilities without declaring war, riots, strikes, lockouts, coup d'état, natural disasters (hurricanes, earthquakes, floods, fires, etc.), power outages, if these circumstances have led to the objective impossibility for the Parties (Parties) to fulfill their obligations under this Agreement.
8.1. Disputes arising between the Parties shall be resolved through negotiations.
8.2. Disputes not resolved through negotiations are resolved by referring the relevant dispute to a court with established jurisdiction in accordance with the current legislation of Ukraine.
8.3. When considering disputes, as evidence, the parties have the right to provide printed screenshots of computers and smart phones, emails (e-mail), correspondence in instant messengers.
9.1. The Agreement shall enter into force from the moment specified in clause 3.4. of this Offer, and is valid until the Parties fully fulfill their contractual obligations.