CONTRACT OF PUBLIC OFFER
on providing services in the informatization industry "Public agreement
(public offer agreement)
on providing information services
The Agreement in which the one party is the Executant – sole proprietor Yanevych Nataliia Yaroslavivna, who is registrared in the unique state register, is taxpayer of single tax - Taxpayer identification number 3103507325.
Another party is any person who accepted this offer – the Customer
All together they are Parties who have reached the agreement. The agreement is available to any people. It's official public offer of Executant to reach the agreement with any Customer the agreement of providing the service in the area of infosation.
1.1.This agreement enters througout complete and absolute Customer's acceptance (acceptation) to enter the whole agreement clauses without signification of the clauses in written way between the Parties.
1.2. In accordance with Articles 633, 641 of the Civil Code of Ukraine, this document, is considered as an equivalent to the conclusion of the Agreement on the conditions set forth in this offer.
1.3. The Customer confirms the fact of acquaintance and consent with all clauses of this Agreement by acceptance the whole clauses.
1.4. Any of the following actions are considered as acceptance of the public offer:
· The fact of Customer's registration on the Executant's website and order the services via the Executant's website.
· The payment of the Executant's services according to the determined conditions of this Agreement.
· Written ( via email messaging, too) Executant's announcement about accepted the offered conditions by Executant's email. The email is showed at the website https://imago.com.ua/
1.5. Entering into the Agreement the Customer automatically accepts the whole Agreement clauses, including the price that is vital part of the Agreement.
1.6. The Customer using the website accepts personal data policy according to policy privacy act ( link here)
1.7. If the Customer does not agree with the Agreement clauses, he or she is not obliged to enter into this Agreement. Also he or she couldn't use the Services which the Agreement provides.
2.TERMS AND DEFINITIONS
""Public offer agreement ""– is an offering agreement. The Sample of the agreement is at the website https://imago.com.ua/
""Acceptance"" – giving the Customer full and unconditional consent to the conclusion of this Agreement in full, without signing a written copy of the Agreement by the Parties.
""Services"" – there are service or several ones in the area of information services (particularly – the services of delivering the data from another clouds to the Customer) which Executant provides are indicated at the website's chapter.
""Customer"" – any capable legal entity, natural entity or sole proprietor who visits the website.
""Executant"" – there is sole proprietor who provides information services. The Executant's props are at 12 chapter.
""Order ""– properly filled Customer application to reach the Executant's services.
3.SUBJECT OF THE AGREEMENT
3.1. Under the terms of this Agreement, the Executant is obliged to provide the services in area of advertasing and consulting, and the Customer is obliged to pay for the provided services.
3.2. The Parties refuse the fact of factiousness of the Agreement, the fact of mock transaction, entered under the pressure or deception.
3.3. The Executant confirms the right of performance under the Ukrainian legislation.
4.Rights and Obligations OF THE SERVICE PROVIDER
4.1. Provider is obliged:
· To execute the Agreement clauses
· To provide to the Customer well-qualitied services
· To inform the Customer with services and conditions of providing them via website https://imago.com.ua/
4.2. Provider has the right:
· to stop providing the services in order to breach the Agreement clauses in unilateral way.
· The other rights provided with this Agreement and Ukrainian Legislation.
5. Rights and Obligations OF THE CUSTOMER
5.1. The Customer is obliged:'
· Under the Agreement to pay and receive the order in time
· To be acquainted with the information about services posted on the Executant's website.
5.2. The Customer has the right:
· To order the services posted on the website https://imago.com.ua/
· Require from the Provider to provide the services under the Agreement
· The other rights provided with this Agreement and Ukrainian Legislation.
6.The procedure and conditions for the provision of services
6.1. The Customer is responsible for ordering from the website https://imago.com.ua/
on Customer's own.
6.2. The term of processing the order is up to 3 working days since the order has being made. In case of sending the order at the holidays processing time starts from the first working day after the day-off.
7. COST OF SERVICES AND PAYMENT ORDER
7.1. The Executant determines the price of each service and the following information should be reflected at the appropriate web-page. The price of the Agreement ( the payment cost) is determines via adding all ordered services.
7.2. Under the Agreement, The Customer pays for The Executant's services in national currency – UAH
7.3. There are payment methods available which are determined as aligible methods on the Executant's website.
7.4. The moment of the payment is the moment of enlistment the funds on the current Executant's account.
7.5. The Customer pay for services provided by third parties on Customer's own (ex Internet services and other)
8. The process of receiving services. THE PROCESS OF RECEIVING -TRANSFER PROVIDED SERVICES.
8.1. The order of providing and receiving services are indicated on the according page of the website https://imago.com.ua/
and are additions(integral parts) of this Agreement. The Customer may clarify all issues arising in the process of payment and receipt of the Services from the Executant by the contact information specified in section 12 of this Agreement.(Bank details of the service executant)
8.2. The fact of receiving the Services by the Customer - an individual is confirmed by the payment by such Customer of the Services of the Executant. The Exetant is obliged to send the Customer an invoice (invoice) and a receipt for payment of the Services.
9. Refund Policy
9.1 The Customer is entitled to a refund of money of any paid by the Customer but not provided services (fully or parially) if the Agreement is terminated at the Executive's initiative.
9.2. The amount of the refund is calculated in proportion to the amount of Services not provided to the Customer.
9.3. The funds are to be returned by the Executant within 10 working days since the moment of receiving the conforming statement of the Customer by the Agreementor . The application for a refund shall include the following information about the Client's account: the account number, full name, first name and patronymic of the account holder, ІНН власника рахунку. MFI and the name of the bank.
9.4. The statememnt for a refund shall be sent by the Customer not later than 10 working days after the termination of the Agreement, if the Agreement is terminated at the initiative of the Agreementor.
9.5. Refunds shall be made to the Customer's bank account from which the funds were transferred to the Executant or by another method, further agreed by the parties, within 10 working days since the moment of receiving the conforming statement of the Customer by the Agreementor.
10. RESPONSIBILITY OF PARTIES AND CONFLICT RESOLUTION
10.1. The parties are responsible for failure or improper fulfilment of their obligations under this Agreement, and bear responsibility in accordance with the current legislation of Ukraine.
10.2. All disputes arising out of or related to this Agreement shall be resolved through negotiations between the Parties.
10.3. If the dispute cannot be resolved by negotiation, it shall be settled by the court in with the assigned responsibility and jurisdiction of such dispute in accordance with the current legislation in Ukraine.
10.4. The Executant shall not be liable for any failure to provide or improper provision of the Services to the Customer in the event of any circumstances arising out of the not Executant's fault (namely, the occurrence of circumstances arising from the fault or negligence of the Customer and / or the occurrence of circumstances arising through the fault or negligence of any third party (any third parties) and / or the occurrence of force majeure).
11. Force Majeure circumstances
11.1. The parties shall be released from liability for non-fulfillment or improper performance of the obligations stipulated by this Agreement, if it arose due to force majeure.
11.2. Force majeure mean any circumstance arising out of will or against the will or desire of the Parties and which cannot be foreseen or avoided, including: military action, public disturbance, epidemics, blockade, earthquakes, floods, fire, as well as the decisions or regulations of public authorities and administrations of the State of residence of the Customer or of the State of residence of the Executant, which will result in additional obligations or additional restrictions being imposed on the Parties (or one of the Parties). and that make impossible full or partial fulfillment of the Agreement to continue, as well as other actions or events that exist outside the will of the Parties in this Agreement.
11.3. In the event of force majeure for more than 3 (three) months in a row, each Party shall have the right to reject the further fulfillment of its obligations under this Agreement and, in such case, neither Party shall be entitled to indemnification by the other Party of possible losses. .
12. OTHER CONDITIONS
12.1. Each Party guarantees to the other Party that it possesses the necessary capacity and equal to all the rights and powers necessary and sufficient to conclude and execute this Agreement in accordance with its terms.
12.2 The unilateral change of the terms of the Agreement concluded by the Customer or the refusal to fulfill the conditions of the Agreement concluded by the Customer is inadmissible, except in the cases predicted by this Agreement. Neither Party to this Agreement shall have the right to transfer its rights and obligations to third parties without the consent of the other Party.
12.3. The Agreementor confirms that he is a induvidual tax payer (group 2) at the rate stipulated by the Tax Code of Ukraine.
12.4. The information provided by the Customer is confidential. Customer information is used exclusively for the purpose of fulfilling his Order.
12.5 By its own acceptance of the Agreement, the Customer voluntarily consents to the collection and processing of personal data for the following purpose: the information that becomes known will be used for commercial purposes, including obtaining information about the order and processing of information about it, sending by telecommunication means (electronic mail, mobile) promotional and special offers, promotional information, or any other information about the activities of the Website https://imago.com.ua/
">https://imago.com.ua/. In case of unwillingness to receive information about the activity of the Website https://imago.com.ua/, the Customer has the right to contact the Agreementor by writing an application for refusal to receive promotional materials and sending it to the postal or email address of the Agreementor.
12.6. The Agreementor shall not be responsible for the content and truthfulness of the information provided by the Customer when placing the Order. The Customer is responsible for the accuracy of the information specified at checkout.
12.7. The Customer is entitled to use the Services of the Agreementor solely in its internal activities without the right to alienate or transfer them to the benefit of third parties.
12.8. The Parties undertake to keep confidential information obtained as a result of the enforcement of this Agreement, except the cases unless otherwise authorized in writing by another Party or required by public authorities in accordance with current legislation. The guilty Party shall be liable for disclosure of confidential information in accordance with current legislation.
12.9. The Agreement shall be public and indefinite and shall remain in force until terminated by either Party in accordance with the procedure established by this Agreement or current legislation, but in any case until its final implementation by the Parties. The Parties have agreed that the validity of this Agreement may not be less than 3 (three) calendar months. This Agreement shall be deemed to be agreed by the Customer and concluded at the location of the Agreementor from the date of acceptance.
12.10. The Executant shall determine, in accordance with and in the requirements of the current legislation of Ukraine, the terms of this Agreement and its annexes, which are integral parts thereof. The Agreementor has the right to change and / or supplement the terms of this Public Agreement and its annexes, including the rules for providing and receiving the Services under this Agreement. In doing so, the Executant guarantees and confirms that the current version of the text of this Agreement and its annexes on the Executant's website, including the rules for providing and receiving the Services under this Agreement, is valid
13. Bank Details of the Executant
Executant – sole proprietor Nataliya Yanevych Yaroslavivna
State Register of Individuals - taxpayers and payers of other obligatory charges 3103507325
a/c 26000053762721 in West region headquaters join stock company comercial bank ""Privatbank""
Телефон +380 (67) 680-18-19
Phone+380 (67) 680-18-19