CONTRACT-OFFER № KI-0001 FROM 06.04.2021

This document is an official proposal (public offer) for the provision of services for the development of Internet resources, namely: website development, design, mobile application, advertising, technical support or related services (hereinafter Services) FOP Makarenko Vladislav Pavlovich (payer) VAT non-payer) hereinafter referred to as the “Contractor”, on the one hand, and any other person who has accepted the terms of this Agreement, hereinafter referred to as the “Customer”, on the other hand, hereinafter referred to as the Contracting Parties. contains all the essential conditions for the provision of services (Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine).

 

1. GENERAL PROVISIONS

1.1. The Contractor publishes a public offer to provide services for the development of Internet resources, design, advertising, mobile application and the provision of technical support or related services that are listed on the site.

1.2. In accordance with paragraph 2 of Art. 642 of the Civil Code of Ukraine (CCU) in case of acceptance of the following conditions and payment for services, a legal entity or individual, thus accepts (full and unconditional acceptance of the terms) of this offer and becomes a Client (hereinafter the Customer). The fact that confirms the conclusion of a public contract (Contract-offer № KI-0001 from 06.04.2021) by the Customer, is the execution of the Contractor's order by contacts (phone, E-mail, instant messaging programs, etc.) specified in the lower part of the site: makarenkostudio.com for the performance of the Contractor's work and their subsequent payment to the Contractor's current account.

1.3. Based on the above, the Customer should carefully read the text of the Agreement before making a payment. In case of disagreement with any clause of the Agreement, the Customer may refuse the services.

1.4. The Customer may obtain a paper copy of the Contract upon request.

1.5. By accepting the Agreement, the Client gives his full consent to the processing of his personal data by the Contractor.

 

2. SUBJECT OF THE AGREEMENT 2.1. Based on this Agreement, the CUSTOMER instructs and the CONTRACTOR undertakes to develop the website, create the design, provide technical support and related services.

2.2. A specific list of Services according to the subject of the Agreement, requirements for the Services, method of their provision, terms of their provision and cost are set out in the relevant Annexes to this Agreement, which will form its integral parts.

 

3. OBLIGATIONS OF THE PARTIES

3.1. The Contractor undertakes:

3.1.1. Perform work in accordance with the list specified by the parties in the Annexes.

3.1.2. Perform work within the time limits stipulated by the terms of this Agreement and its Annexes.

3.1.3. Upon completion of the works to transfer them to the Customer under the act of acceptance-transfer in accordance with the terms of section 5 of this Agreement.

 

3.2. The customer undertakes:

3.2.1. Before payment to the current account of the Contractor to transfer electronically all the information (text in a text document, photo, video, logo, corporate identity, etc.) that is necessary to create a software or other product described in the Annexes to this Agreement. Also provide all necessary materials and information at the request of the Contractor within two working days from the date of request for the necessary materials and information.

3.2.2. Agree on samples of layouts submitted by the Contractor, as well as, if necessary, correct them and agree on their content. Approval of samples is carried out by the Customer not later than two days from the moment of the notification of the Customer on readiness of models.

3.2.3. Accept the work "as is", performed by the Contractor, in accordance with section 5 of this Agreement.

3.2.4. Timely and in full to pay the cost of work performed in accordance with the terms of Section 4 of this Agreement.

3.3. The Parties undertake to ensure the confidentiality of information obtained in the performance of the Agreement, not to disclose or use in their interests and in the interests of third parties information that constitutes a trade secret of the other Party.

3.4. Do not modify or delete the link to the artist's site on the purchased site.

 

4. COST OF WORKS AND PROCEDURE FOR CALCULATIONS

4.1. The cost of work performed by the Contractor is contractual and determined by the Parties in the Annexes to this Agreement. The fact of acceptance of the terms of the Agreement and its Annexes is considered to be a subscription in the amount of 50% of the amount specified in the annexes to this Agreement.

4.2. Payment is made in the amount of 50% of the amount specified in the list of works specified in the annexes - paid to the Contractor by the Customer before the start of work.

4.3. Payment is made in non-cash form by transferring the amount to the current account of the Contractor.

4.4. If during the performance of works the Customer has a need to make significant adjustments to current tasks, such adjustments are considered additional work that requires additional time and, accordingly, are paid extra. Adjustments and changes to the Terms of Reference are made in an annex to this Agreement, which is an integral part thereof. Additional services are performed on a full subscription, which is indicated in the Appendix.

4.5. In some cases, with the written consent of both Parties, the work may be performed without a subscription.

 

5. PROCEDURE FOR ACCEPTANCE-TRANSFER OF PERFORMED WORKS

5.1. Upon completion of the works, the Contractor shall demonstrate the work performed to the Customer on the Contractor's server and provide a test period within 7 (seven) calendar days to verify the provision of services specified in this Agreement and the Annexes. The Customer, within 7 (seven) days must make written adjustments that comply with the provisions of this Agreement and the Annexes. The Customer shall notify the Contractor of the identified deficiencies in writing by sending a description of the necessary corrections to the Contractor's e-mail address. In the absence of adjustments, the Customer must pay the second half of the amount specified in the Annexes. Payment of the full amount specified in the Annexes to this Agreement shall have the same legal force as the act of acceptance-transfer of works. At the request of the Customer the set of graphic and other materials concerning the executed works is also added. The finished and paid product is transferred to the Customer.

5.2. The Customer is obliged to pay for the services provided by the Contractor no later than three working days after the end of the test period.

5.3. Refusal to pay may not be considered motivated if it is based on the need to perform work that is not specified in the Annex to this Agreement.

5.4 Failure to comply with the terms specified in this Agreement and the Annexes deprives the Customer of the right to further refer to these circumstances as grounds and deprives the Contractor of evidence of non-performance or improper performance of its obligations under the Agreement.

 

6. TERM OF PERFORMANCE OF WORKS

6.1. The term of performance of works is defined in the Appendices to this Agreement and begins from the date of crediting of the advance payment according to item 4.2 of this agreement. The Contractor has the right to early delivery of work performed.

6.2. The Contractor shall not be liable for delay in the performance of works due to non-performance or improper performance by the Customer of the terms of this Agreement.

6.3. In case of delay by the Customer of the terms specified in clause 3.2.1 of this Agreement, the term of performance of works by the Contractor is transferred to the term of such delay.

 

7. QUALITY OF WORKS

7.1. The Contractor undertakes to provide services in accordance with generally accepted standards and quality requirements for this type of work.

7.2. The Customer has the right to free of charge the elimination of the revealed shortcomings which have arisen because of the Contractor during the period making 30 calendar days from the date of full payment of works. The Customer shall notify the Contractor of the identified deficiencies in writing by sending a description of the necessary corrections to the Contractor's e-mail address.

7.3. If the Customer finds deficiencies after the end of the test period, then such adjustments are considered an additional task that requires additional time and, accordingly, are paid extra.

7.4. The Contractor is not responsible for the quality of work performed in the case of self-editing, adding or deleting files, project directories by the Customer.

 

8. LIABILITY AND WARRANTIES

 

8.1. The contractor guarantees the quality of work performed.

8.2. The Contractor shall not be liable in case of unauthorized access to the Site information by a person or persons who are not Parties to the Agreement, if such action caused destruction, blocking, modification, copying of confidential information, violation of the Site or some and / or all its pages. The Contractor is not responsible for the content and quality of the information disseminated by the Customer on the Internet about the goods and services of the Customer and other information placed on the site and distributed by the Customer.

8.3. The Customer guarantees that the Information Materials provided in accordance with the terms of the Agreement are not encumbered by third party claims, that the Customer is the owner of the exclusive rights to the Information Materials and / or has all necessary permissions from authors and other rights holders regarding intellectual property and objects. , which are part of the works, as well as in relation to the original works (if the work is a processing and / or translation), and such permissions should not in any way interfere with the rights of the Contractor or complicate the use of data by the Contractor under this Agreement.

8.4. In the event of claims or lawsuits against the Contractor for infringement of copyright and / or related rights of third parties in connection with the use of information materials provided by the Customer to fulfill the terms of the Agreement, the Customer undertakes to settle such claims or take other necessary action. that exclude the occurrence of costs and losses of the Contractor. And in case of expenses and losses of the Contractor, to reimburse them in full.

8.5. The Customer, in case of violation of copyright and / or related rights of the Contractor, is responsible for each violation in full, provided by the legislation of Ukraine.

8.6. The Contractor shall not be liable for any malfunctions or inconsistencies in the operation of the Website after its commissioning, which occur not through the fault of the Contractor and not as a result of work performed by the Contractor or carried out.

8.7. The Contractor shall not be liable for any costs and damages that may arise directly or indirectly as a result of using the Internet resource developed by the Contractor.

 

9. FORCE MAJOR

 

9.1. Neither Party shall be liable for full or partial failure to fulfill any of its obligations if such failure is the result of circumstances such as fire, flood, earthquake, hostilities, acts, decrees or other actions of public authorities that arose after the conclusion of the Agreement. If any of these circumstances directly affects the fulfillment of obligations within the period specified in this Agreement, this period is accordingly postponed for the duration of the above circumstances.

9.2. A Party that is unable to meet its obligations shall notify the other Party in writing of the occurrence of force majeure. Failure to notify or untimely notification shall deprive the Party concerned of the right to be temporarily relieved of its obligations due to the above circumstances.

 

10. TERM OF THE AGREEMENT, THE PROCEDURE FOR MAKING CHANGES AND TERMINATION

 

10.1. The Agreement enters into force from the moment of the Customer's subscription to the Services and is valid until the moment of its termination.

10.2. The Agreement is considered fulfilled if the Parties have fulfilled all its conditions and obligations and have no mutual claims against each other.

10.3. The Agreement shall be deemed terminated in case of written notice by the initiator of termination to the other Party. In this case, the Party initiating the termination of the Agreement must notify the other Party of its intention no later than 5 days. Upon termination of the Agreement, all advance payments paid by the Customer to the Contractor shall not be refunded.

10.5. In case of refusal of the Customer to pay the cost of works (services) specified in item 4.2. and in the annexes to this contract, the contract is considered terminated, all previous agreements are canceled, and all advance payments paid by the Customer to the Contractor are not returned to the Customer.

10.6. The agreement remains in force in case of change of requisites of the parties, change of their statutory documents, including, but not limited to change of the owner, organizational and legal form, etc.

10.7. All disputes and disagreements that may arise during the implementation, amendment, termination or termination of this Agreement shall be resolved through negotiations between the Parties.

10.8. In the event that the Parties do not reach an agreement through negotiations, the dispute shall be submitted to the commercial court in accordance with the current legislation of Ukraine.

10.9. The Contractor has the right to terminate this Agreement unilaterally and to terminate work under the Agreement in case of:

- the customer violates the requirements of the legislation of Ukraine in carrying out its activities;

-the customer violates the rights of third parties in the field of copyright, consumer, civil and other legislation of Ukraine;

- claims of third parties to the Contractor regarding the violation of their rights by the Customer;

- the Contractor is subject to the requirements of representatives of state and / or law enforcement agencies to terminate the work of the Customer;

-requirements of the Customer from the Contractor to perform more than 2 amendments, which were not previously stipulated, as well as amendments to the materials already approved between the Parties;

-activity on the part of the Customer within five calendar days (ignoring correspondence, e-mails, sms, telephone calls);

- unjustifiably lengthy testing of the website, delays in approval or adjustment of the stage of work exceeding five calendar days;

-violation of conditions of confidentiality;

-disrespectful, boorish attitude on the part of the Customer, the Customer's staff or persons representing him to the Contractor and his employees, in the form of using profanity and degrading words when talking and addressing the Contractor, his employees, by communicating via e-mail , sending sms messages, phone calls.

10.10. In case of unilateral termination of the Agreement under one of the conditions specified in item 10.9. of the contract, the funds paid by the Customer are not returned and are credited by the Contractor as payment for the work carried out at the time of termination of the contract.

10.11. In case of unilateral termination of the Agreement under one of the conditions specified in clause 10.9. of the agreement, the Contractor shall send to the Customer by e-mail a notice of termination of the Agreement. From the moment of submitting the relevant notice of termination of the Agreement to the e-mail address of the Customer, the Agreement is considered terminated, and all obligations of the Contractor to the Customer are terminated, except for copyright.

10.12. Making changes (additions) to this Agreement, changing the procedure, scope and conditions of provision of Services, is carried out by the Contractor unilaterally. All changes (additions) made by the Contractor to this Agreement shall enter into force and become binding on the Customer from the moment of their publication. 5 (five) days prior to the introduction of the new terms of the Contract, the Contractor shall notify the Customer by sending a notification to the Customer's e-mail address. In case of disagreement of the Customer with the changes made to this Agreement, the Customer has the right to terminate it in the manner prescribed by this Agreement. All appendices, changes and additions to this Agreement are an integral part of it.

10.13. The parties have agreed that the latest version of this agreement is posted by the Contractor on the page https://makarenkostudio.com/

 

11. ADDITIONAL CONDITIONS

11.1. This agreement is made with full understanding by the parties of its terms.

11.2. The Annexes to this Agreement are an integral part of this Agreement.

11.3. The Contractor reserves the right to place on all pages of the ordered Internet resource at the bottom of the link to your site.

11.4. The Contractor has the right to use the name of the Customer, the logo and a short description of the site, as well as the visual part of the pages of the site (appearance) in all information and representation, printing, advertising and other materials of the Contractor.

 

WEBSITES AND MOBILE APP DEVELOPMENT

Development of sites and web projects includes a full range of services that will make it high-quality and reliable in use. In addition to the technical part of the work, we will also help to bring your design vision and product concept to life. After all, we work at all stages of creating a website or other web product, starting from creating a design from scratch, to setting up advertising and comprehensive brand promotion. Our main goal is to develop a quality product. Cooperation with us guarantees you the transparency of the transaction and the selection of the best prices. You can order website development or order design development by writing to us by filling out the feedback form or call the indicated numbers. Comprehensive business promotion guarantees a good result and profit growth for your company. We care about the quality of our work and provide comprehensive services for your business.

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The latest statistics show that more and more users of Internet resources are becoming more demanding on the content and usability of sites or applications. Therefore, we will be happy to do analytics of your web project or help you create a modern website that will be ideally displayed on all types of devices, and its content will be as easy to use as possible. Before starting to work on your project, we not only analyze your business, but also the market as a whole. Based on the collected data, we develop a universal and individual solution. At the same time, focusing on the comfortable use of the resource and conversion.
Website development and other web projects include all the main stages, namely: design development, copyrighting, photo and video shooting, writing texts, consulting, web analytics, marketplace creation, programming, QA testing, blockchain and advertising setup. We also understand that in the modern world, any site needs adaptation in the mobile version. Therefore, we will help you develop a mobile version of your web product, which will be equally well displayed on all types of devices. After launch, the site will already be optimized for promotion, filled with SEO-optimized text and will meet the requirements of the search engine.