BESALE DIGITAL SERVICE RULES

1: THESE RULES ARE DEVELOPED TO REGULATE RELATIONS BETWEEN THE CUSTOMER /HEREIN THE CLIENT/ AND THE BESALE DIGITAL AGENCY IN THE PERSON OF FOP GOLOPOTYLYUK E.A. /hereinafter referred to as the CONTRACTOR/ AND ARE MANDATORY FOR ALL PARTIES OF THE RELATIONSHIP.

2: IN THE PRESENT RULES THE FOLLOWING CONCEPTS ARE USED: 


Client is a consumer of the Contractor's services for the design and development of Internet sites, services, applications, their maintenance and promotion in any form, maintaining and promoting pages on social networks, providing design services, advertising, product development, data collection and transformation and other services.


The executor is an individual entrepreneur Holopotylyuk Evgeny Andreevich. To fulfill the Client's order, the Contractor may involve other specialists, while remaining responsible to the Client for the performance of all aspects of the services.


The Internet is a global association of international public telecommunication networks and information resources owned by individuals and legal entities, intended for the exchange of information.


CMS (Content Management System) is a website content management system; a class of specialized software products that allow you to independently support and update sites.


HTML (HyperText Markup Language - "Hypertext Markup Language") is a standard language for creating hypertext documents on the Internet. Includes special characters (tags) used by the browser to construct a site design based on text code. HTML documents (site pages) can be viewed by different types of web browsers.

PR (Page Rank) is a number that determines the significance (importance) of a website page in the Google search engine. This is one of the key parameters that Google takes into account when ranking sites when generating a search result.   

SEO (Search Engine Optimization) is a system of measures aimed at improving the position of the site in the results of search engines. These measures include site optimization (external and internal), which allows you to increase its rating and display it in the top 10 for certain user requests. With proper use of SEO tools, you can significantly increase website traffic.

A browser is a program designed to view websites. This class of programs includes: Internet Explorer, Google Chrome, Mozilla Firefox, Safari, Opera, etc. 

Domain (domain name, site name) is the address of the site on the Internet. Simply put, this is the name (title) of the site. In order for the site to work, you need to register a domain and place the site files on the server (use the hosting service). 

Website design is its external design (appearance). Appearance includes the site's header, menus, forms, pop-ups, the font used to write the text, the colors of all of the above, and so on.

Indexing a site (site pages) is the process of adding a site and its pages to the search engine database. In order for the pages of the site to give search traffic, they must be indexed by search engines. Moreover, the more search engines index the pages of the site, the more search traffic will be.

Internet advertising is a form of non-personal presentation on the Internet of information about products and services. There are various types of online advertising: contextual, banner (media), search, social media, viral, etc.

Contextual advertising (PPC) is a type of Internet advertising in which an advertisement is displayed in accordance with the content, context of the page. This is advertising, the content of which depends on the interests of users. Contextual advertising shows the site visitor only those ads that are directly related to what he is interested in. 

Site content - information posted on the site. Site content can be textual, graphic, multimedia, etc. Thus, the content of the site is what can be found using search engines. Website visitors are looking for exactly the content (information) they are interested in.

Site search traffic (or traffic from search engines) - the number of visitors (not bots, but real people) who came to the site through links issued by the search engine in the search results.

A link is a page address that can be easily accessed with a simple mouse click. Links are internal (between pages on your site) and external (links to your site hosted on other sites). The more external links a site has, the higher its ranking in search engines and, as a result, more search traffic. 

The site structure – is the totality of all its sections and subsections. The site structure can have a hierarchical structure, including a multi-level one.

Site visit counter (statistics counter) is a special service that allows you to collect and store statistical information about site traffic, which can be used to analyze the site.

Site traffic – the total number of visitors who came to the site from all sources for a certain period of time (usually per day). 

Website functionality (engine) – is a set of functions that a website can perform. Such functions may include: registration on the site, automatic newsletters to subscribers, posting comments on site materials, a forum, blogs, an online store, etc.

Query frequency is a quantitative characteristic of a search query that determines its popularity. The higher the frequency of the request, the more often Internet users enter it into the search box.

Site usability or UX is the degree of user experience with the site interface, including the convenience of finding the right material on the site.

Promotion in social networks / SMM - a set of measures aimed at increasing fame, attracting subscribers and customers to the Client's activities.

Other services - services of the Contractor for marketing, advertising, design, development of products and services of any kind, collection and transformation of various data, traffic generation to the Client's website.

The technical possibility of performing the service is the simultaneous availability of technologies in the broadest sense and the availability of the Contractor's organizational capability to perform the service required by the Client.

A unique identification code is a digital, alphabetic, symbolic designation or combinations of such designations (including access codes) designed to unambiguously identify (identify) equipment on the Internet.

An account, an account is a set of data about a user stored in a computer system or on a website.

Login is the word that will be used to enter the site or service.

A password is a secret set of characters that protects a user's account.

An advertising account is an interface in which a user can launch an advertising campaign.

3: THE PARTIES UNDERSTAND THAT THE CONTRACTOR'S SERVICES ARE COMPLEX PROFESSIONAL SERVICES, THE SUCCESS OF THE PROVISION OF WHICH REQUIRES THE FULL COOPERATION OF THE CLIENT AND THE CONTRACTOR.

4: SERVICE CONTRACT. 

An offer or a Public Agreement for the provision of services is posted on the website https://web.besale.com.ua/_________ and is a public obligation of the Contractor to provide services on the terms stipulated by the Offer, these Rules and other documents.
Details not provided for in the Public Agreement /technical specifications, cost and terms of services, additional services/ may be specified by the Contractor in the terms of reference or invoice for services.

5: THE PARTIES ACCEPT THE FOLLOWING DIVISION OF RESPONSIBILITIES UNDER THE PUBLIC AGREEMENT OF EACH PARTY FOR THE PROPER PERFORMANCE OF THE SERVICES:

Client's area of responsibility  Contractor's area of responsibility 
Obtain full information from the Contractor, be aware of all significant conditions / possible risks before making an advance payment for the service Inform the Client before ordering the service about its composition, sequence of provision, cost, the need for additional payments in favor of third parties, the need to involve third parties, methods of measuring services, specific terminology, the need to use other services after the end of the provision of the Contractor's service, the most common risks for the Client, possible changes, consequences, achievable results, availability of reporting.
Advance payment/payment for the Contractor's services; informing the Contractor about the payment was made Notification of the need to pay for services; Timely issuance of invoices for payment, payment details and acts of work performed (at the request of the Client)
Providing information about your vision of the site, design and colors used / not used, special moments that should be placed on the site, contact details and unique content of any format, the need to purchase a domain name and hosting services Before starting work, provide the Client with the entire list of services necessary for the performance /works of information and indicate the terms of provision /if the provision of information is partially allowed by the Contractor/
Not later than 1 day from the date of notification by the Contractor, to agree or make comments / corrections to the project / layout prepared by the Contractor. Adhere to the deadlines for the implementation of the stages of work / services.
Finalization and approval of the list of keywords, negative keywords Preparation of the list of keywords, negative keywords
Replenishment of funds for the maintenance of the service in the advertising account of the search engine Correct design and maintenance of the campaign, notification of the client about the identification of budget-burning words, abnormal bursts of activity, reaching “0” on the balance of funds in the advertising account
Providing reliable information to the Contractor about the nature and results of the advertising company: the number of calls for ads, the number of requests / requests to e-mail or chat on the website for the advertising company, the number of paid orders Adjusting the advertising company or canceling it depending on information about the results of the advertising company, received from the Client
Promptly (no later than 24 hours from the receipt of information) respond to information from the Contractor: make decisions, request assistance / advice from the Contractor in cases of technical, reputational, financial risks Notifying the Client about possible technical, reputational, financial risks arising before or during the provision of services. Recommend to the Client a line of conduct/range of solutions in cases where the Client objectively lacks the knowledge to choose a line of conduct
Periodically check instant messengers and mobile phone for messages from the Contractor Periodically check instant messengers and mobile phone for messages from the Client

6: CONTRACTOR MUST:

1) предоставлять Клиенту бесплатно полную информацию и оговоренную тарифами отчетность,

1) provide the Client with full information and reporting stipulated by the tariffs, related to the provision of services, free of charge;

2) provide services to the Client in good faith and responsibly;

3) eliminate inaccuracies/errors/malfunctions in the service as quickly as possible and at their own expense;

4) not to change the amount of the service fee from the moment of receiving the advance payment or until the end of the reporting month /for monthly payment/;

5) at the written request of the Client, if the provision of services has not been started, return the unused balance of funds deposited as an advance payment no later than 30 (thirty) calendar days from the date of termination of the service agreement;

6) inform the Clients in any available way about possible delays or impossibility to fulfill the obligations assumed;

7) ensure the confidentiality of information obtained in the process of preparing for the conclusion of the contract and during the provision of services;

8) maintain adequate communication with the Client from 10:00 to 19:00 business days; maintain correspondence with the Client / his representative until the fulfillment of all obligations under the agreement;

9) treat the Client with respect and observe the ethics of communication in the process of communication;

10) not impose other services on the Client, justifying this by the impossibility of one service without the other.

7: THE CLIENT SHOULD:

1) within the agreed timeframe, pay a fee for the services provided and / or pay the cost of developing the site no later than 1 day from the moment the comments are eliminated after the site is accepted;

2) provide the Contractor free of charge with full information, including a variety of identifiers / accesses and passwords, intermediate and final results of the advertising campaign necessary for the provision of services;

3) respectfully treats the Contractor/third parties involved by him and observe the ethics of communication in the process of communication;

4) conduct adequate communication with the Contractor / third parties involved by him from 10:00 to 19:00 working days; keep business correspondence on the provision of services until the fulfillment of all obligations under the contract;

5) communicate with the Contractor / third parties involved by him after 19:00 and on weekends only after receiving the Contractor's prior approval;

6) provide the Contractor with access to mail services, advertising cabinets of search engines and social networks in order to enable the Contractor to fulfill its obligations under the contract;

7) adhere to the rules of postal services, the rules of search engines and social networks in which the Contractor needs to perform actions in order to avoid blocking his accounts. The blocking of such accounts due to the actions of the Client or third parties relieves the Contractor of liability for failure to fulfill its obligations under the contract;

8) not allow the use of the services or results of the services of the Contractor to commit illegal actions or actions that threaten the interests of national security and the security of individuals, defense, legal rights of third parties in any form;

9) not delete information about the Service Provider posted on the results of services;

10) respect the confidentiality of the contract and not disclose commercial secrets about the business processes and know-how of the Contractor;

11) comply with the communication procedure established by these rules.

8: THE CONTRACTOR HAS THE RIGHT:

1) Set tariffs for their services and change the tariffs / composition of the service unilaterally from the new reporting month.

2) Establish an increased coefficient of payment for the urgency of the provision of services.

3) Plan your own production process and set the order of services.

4) Coordinate with the Client the content of services, the terms for the provision of services, the procedure for communication, the priority of the provision of services;

5) Terminate or limit the provision of services in case of systematic violation by the Client of these Rules and ignoring the protests of the Contractor;

6) Use the results of the provision of services for your portfolio / cases for posting on your website or your accounts in social networks, forums, aggregator sites and professional communities.

7) On timely receipt of payment for services in full.

8) Refusal to cooperate with the Client in the following cases:

 

  • failure to provide information necessary for the provision of services / in any form / within 1 month from the date of the Contractor's request;
  • refusal / elimination of the decision by the Client, without which the Contractor cannot or is not obliged to provide services within 7 calendar days from the date of the Contractor's request;
  • systematic requirements of the Client to perform services in a way that does not meet the requirements of the Contractor for professionalism;
  • nomination by the Client of requirements for the service that were not previously specified in the contract;
  • systematic violation of the ethics of communication by the Client - calls after hours and weekends, boorish attitude towards the Contractor and involved persons, systematic inability of the Client to make decisions on the further provision of the service, which prolongs the term for the provision of the service by more than half the term for the provision of the service.

9: THE CUSTOMER HAS THE RIGHT: 

1) Require the provision of services on time with the agreed quality;

2) Communicate with the Contractor or involved third parties on the provision of services in the manner specified by these rules;

3) On the invariability of the cost of the services ordered;

4) To make additions to the ordered service, if the Contractor is able to perform it and the Client is able to pay for such additions;

5) Obtaining reliable information about the Contractor's mode of operation, the composition of the services provided;

6) Refuse to provide services;

7) Submit your proposals for the provision of services;

8) For the return of funds paid in advance and not used for the provision of services.

10: COMMUNICATION BEFORE AND DURING SERVICE DELIVERY

1) All negotiations regarding the provision of services are carried out during the Contractor's working hours from 10:00 to 19:00.

2) For communication, the parties use: telephony, instant messengers, video communication services, e-mail.

3) In the process of communication, the parties observe the norms of courtesy and ethics of business communication.

4) The Client is obliged to respond to the Contractor's requests on the tactics of providing services no later than 1 day from the date of the Contractor's request.

5) The Contractor has the right to answer calls and messages of the Client at a convenient time during the working day.

6) Separate norms for the terms of communication are specified in the provisions of these rules governing the provision of certain types of services.

11: SPECIAL TERMS AND CONDITIONS OF WEBSITE DEVELOPMENT SERVICES 

1) Prior to the conclusion of the contract, the Client is obliged to fill out a brief questionnaire about his contact details, the purpose of creating the site and essential data for the development of the site. In case of difficulties in filling out, the Client can fill out a brief form together with the Contractor.

2) On the basis of the completed brief questionnaire, if it is necessary to detail the essential technical aspects of development, the Contractor develops the terms of reference for the development of the site and coordinates it with the Client.

3) The Contractor issues an invoice for the advance payment by the Client after agreeing on all essential points.

4) The contract is considered concluded from the moment the Client pays the development cost advance.

5) Prior to the development of the site design, the Client is obliged to transfer to the Contractor the content posted on the site: video, photos, images, texts in full. If the content was not transferred in full, the transferred part of the content is taken into work by the designer, and the rest of the content is placed on the already created site during the support period.

6) If the Client cannot provide the necessary content and asks for writing texts for the Contractor's website, this service is not included in the cost of creating the site and is paid by the Client separately according to the Contractor's tariffs.

7) To start design development, the designer presents to the Client 2-3 versions of the main page of the future site. The client chooses one of the options as the basis on which the design is further developed.

If the Client rejected all options, the site design development work is suspended until the parties make a decision on further cooperation. The parties have the right to terminate cooperation or the following design options are prepared by the Contractor after additional payment by the Client for the cost of the designer's work.

8) Editing is a correction / refinement in the design that needs to be done in order to bring the design to the desired look.

Any changes proposed by the Client must be expressed in a clear and unambiguous manner. The client is obliged to provide a complete list of changes to the design in a paginated list indicating the details of the revision/correction in written/electronic form. In the event that before the end of the design development, the design was accepted in the process of work, and then the Client changed his mind and wants to redo it, such changes can be made if the following conditions are met:

- the designer is not required to make changes for more than 1 hour of work;

- changing these elements will not entail the need to change other components of the design.

Otherwise, the period for the creation of the site is suspended, the parties stipulate the terms and cost of making such changes.

9) After the website design is approved by the Client and submitted for programming, the Contractor has the right to reject any additions/changes to the Client's design related to the design.

10) In the event that the amendment was submitted by the Client after the design was agreed upon, the Contractor has the right to refuse the Client's request for revision on this amendment or to carry out the revision for a separate fee.

11) At the development stage, no information is entered on the site. Corrections/improvements for each stage of work are made by the Client no later than 2 working days from the date of submission of the project / working materials / by the Contractor. Otherwise, the Contractor is released from liability for non-compliance with the terms for the provision of services.

12) During the commissioning of the site, the Client receives the user's access rights to the administrative panel of the site. This is done so as not to disrupt the functionality of the site. In the first month after the site is put into operation, the Client is prohibited from making changes to the site on his own.

After the expiration of the support period, the Client receives administrator access rights to the administrative panel of the site.

13) The Client is obliged to provide the Contractor with access to the e-mail account to which the site is registered, to provide access to the advertising cabinets of search engines to configure the site.

14) The Contractor is not responsible if, after the creation of the site, the Client began to make claims that were not previously voiced in the process of creating the site.

15) During the period of site support after its commissioning, defects in the work that do not interfere with the normal operation of the site are made at the request of the Client on Fridays.

Defects in the work that impede the normal operation of the site are eliminated by the Contractor during working hours, within a period of not more than 8 hours from the moment the Contractor receives information.

16) The contractor guarantees the similarity of the site design after its development from 85% to 100% with the original design, depending on the type of device on which the site is viewed.

17) Information and content not included during the design development period are added to the site during the site support period.

18) Additional changes to the site / not provided for by the design and / or terms of reference / are paid on the basis of the Contractor's invoice by 100% prepayment.

12: SPECIAL TERMS AND CONDITIONS OF ADVERTISING SERVICES 

1) Advertising services are concluded for the time period chosen by the parties. The countdown of the provision of services begins from the moment of payment for the services of the Contractor.

2) The contract is considered concluded from the moment the completed brief is provided and the Client pays the cost of services at the selected tariff.

3) Within a period of up to 5 working days from the date of receipt of payment, the Contractor analyzes the advertising campaign and prepares materials: selection of keywords and negative keywords, selection of audiences and interests, preparation of ads, creative design and budget for each campaign.

4) The client, prior to the launch, is obliged to agree on the initial data of the advertising campaign.

5) For the period of the advertising campaign, the Contractor /if technically possible/ closes access with administrator rights to the advertising account of the corresponding service to the Client. If this is not possible, the Contractor warns the Client about the prohibition to independently make any changes to the advertising campaign data.

6) Any changes to the advertising campaign can only be made by the Contractor, after consultation with the Client.

7) The Contractor, after agreeing on the data of the advertising campaign, gives the Client a notification about the need to replenish the advertising budget.

8) Replenishment of the advertising budget is the responsibility of the Client. In the event that the Client allows a delay in replenishing the budget and the campaign is not launched, the terms for the provision of advertising services do not change, and the Contractor receives remuneration under the contract in full.

9) During the period of the advertising campaign, the Contractor has the right to change the campaign settings without notifying the Client in order to obtain better results for the Client.

10) When conducting an advertising campaign, the Parties are obliged to respect the rights of third parties regarding copyright and other rights of third parties. If one of the parties receives a warning about the violation of someone's rights, the parties are obliged to immediately coordinate and determine the further conduct of the campaign.

11) If the Contractor has received a warning about the violation of someone's rights, and the Client does not respond to the information of the Contractor, the latter has the right to suspend the campaign until the disputes are resolved without any sanctions from the Client.

12) At the end of the reporting period, the Contractor provides the Client with a report on the results of the campaign for the relevant period.

13) The Contractor shall not be liable for failure to achieve the goals of the Client's advertising campaign, if all the actions to organize the campaign previously agreed with the Client have been completed on its part.

13: THESE RULES MAY BE CHANGED AND SUPPLEMENTED.

14: THESE RULES ARE APPROVED BY ENT. GOLOPOTYLYUK E.A. 02/01/2022

Thanks!

Your application is accepted

We will call you shortly

Get back