PUBLIC OFFER
The document, the provisions of which are set out below in the text, is a public offer and a public contract. In accordance with the provisions of Articles 633, 641 of the Civil Code of Ukraine, the terms of a public offer and a public contract are the same for all users (Customers). In accordance with Part 2 of Article 642 of the Civil Code of Ukraine, signing an application to join the public offer contract is an acceptance of this offer, which is equivalent to concluding a contract on the terms set out below in the text.
This public offer is addressed to all individuals and legal entities wishing to use the service and having the technical ability to receive the service.
Individual entrepreneur Georgitsia Valentyna Dmytrivna (hereinafter referred to as the “Contractor”), acting on the basis of an Extract from the Unified State Register, on the one hand, guided by the current legislation of Ukraine, offers (public offer) to an individual and/or legal entity (hereinafter referred to as the Customer), hereinafter jointly – the Parties, and each individually – a Party, to conclude a public contract for the provision of services (hereinafter referred to as the Contract) on the following terms:
1. SUBJECT OF THE CONTRACT:
1.1. The Customer instructs, and the CONTRACTOR undertakes to perform the services at the proper level and transfer the results of these works to the Customer, and the Customer agrees to accept the performed works and pay the Contractor remuneration for the work performed.
1.2. The Contractor ensures the provision of services to the Customer, the main list of which is provided on the website. When performing the specified in clause 1.2. obligations, the CONTRACTOR is guided by the current legislation of Ukraine, the interests of the CUSTOMER, this Agreement, etc.
1.3. To fulfill the instructions specified in clause 1.2. of this Agreement, the CONTRACTOR appoints authorized persons who act on the basis of the issued instructions.
2. OBLIGATIONS OF THE CUSTOMER and THE CONTRACTOR
2.1. THE CUSTOMER undertakes to:
2.1.1. timely provide the CONTRACTOR with everything necessary to fulfill the instructions given to it, stipulated by this Agreement, in particular: source information, access keys for paying taxes, working documents and other materials necessary to fulfill the obligations stipulated in clause 1.2. of this Agreement;
2.1.2. to timely pay the CONTRACTOR the remuneration in accordance with the terms of this Agreement, in case of non-payment, the CONTRACTOR reserves the right to suspend the provision of services provided for in this Agreement.
2.1.3. The CONTRACTOR undertakes to:
2.1.4. Provide the Customer with high-quality and timely services;
2.1.5. Be guided by the current legislation on entrepreneurial activity and business companies, accounting and auditing when providing services;
2.1.6. At the request of the CUSTOMER, report on the progress of the provision of services;
3. REMUNERATION AND PROCEDURE FOR PAYMENT OF SERVICES
3.1. The cost of basic services for individuals is specified on the website in the list of services.
3.2. The composition of additional (package) services provided by the CONTRACTOR within the framework of subscriber service is determined at the choice of the Customer and depending on the amount of payment for services made by him in a certain period of service in accordance with the application for accession to this Agreement. The cost of accounting services under this Agreement is determined depending on the selected services in accordance with the application for accession to the public offer agreement.
3.3. The term of provision of services is determined by the term of this Agreement and the moment of execution.
3.4. The CONTRACTOR’s remuneration consists of the amounts paid in accordance with duly certified applications for accession to the public offer agreement, annexes, invoices to this Agreement.
3.5. The Contractor is considered to have fulfilled the obligations for subscriber service by default, if the CUSTOMER has not provided written comments sent in writing to the CONTRACTOR’s address within three days after the end of the monthly reporting period.
3.6. By mutual agreement, the Parties may stipulate other terms and forms of payment for services.
4. LIABILITY OF THE PARTIES
4.1. In case of failure to fulfill or improper fulfillment of obligations under this Agreement, the guilty Party shall be liable in accordance with the current legislation of Ukraine.
4.2. The Customer shall ensure the timely receipt of funds to the CONTRACTOR’s current account. If the CUSTOMER transfers funds to the CONTRACTOR’s bank account in a timely manner, the CONTRACTOR shall cease to provide services under this Agreement until the CUSTOMER makes the payment.
4.3. The Customer shall ensure the timely receipt of funds to its own current account for the payment of taxes and fees. In the absence of funds, or in the event of an insufficient balance on the current account, the Contractor shall be released from liability for untimely preparation of payment orders.
4.4. In case of breach of their obligations under this Agreement, the Parties shall be liable as defined by this Agreement and applicable law. A breach of an obligation is its failure to perform or improper performance, i.e. performance in violation of the conditions specified in the content of the obligation.
5. CONFIDENTIALITY
5.1. THE PARTIES undertake to keep secret the “information”, which means the content of the agreement, the documents received and prepared, the information received and other data provided by each of the Parties to each other in connection with this Agreement, not to open or disclose in general or in part this information to any third party without the prior written consent of the other party under this Agreement.
5.2. The obligations of the Parties regarding the non-use of information will not apply to publicly available information.
5.3. The information provided to the CONTRACTOR in accordance with this Agreement is addressed exclusively to it and cannot be transferred to third parties or used in any other way, with the participation of third parties, in part or in full, without the mutual consent of the Parties.
5.4. The Parties are aware that the proper performance by the CONTRACTOR of its obligations under this Agreement is impossible without the systematic provision by the CUSTOMER (on its behalf by third parties: founders, suppliers, etc.) of information that has commercial value for the Customer. The CONTRACTOR undertakes to use the information received by it from the CUSTOMER (on its behalf by third parties: founders, suppliers, etc.) that constitutes the CUSTOMER’s trade secret, solely for the purpose of proper performance of its obligations under this Agreement.
5.5. The volume of information provided is determined by the CUSTOMER taking into account the CONTRACTOR’s recommendations. The CONTRACTOR has the right to contact the CUSTOMER with a request to provide additional information necessary for the proper performance of its obligations under this Agreement. The CONTRACTOR provides services in accordance with the information actually provided by the CUSTOMER.
5.6. By his signature, the CONTRACTOR confirms his awareness of the CUSTOMER’s classification of information constituting a trade secret as information about:
– the actual organization of the CUSTOMER’s business processes;
– plans for the reorganization of the CUSTOMER’s business processes;
– results of the implemented changes;
– the size of the planned and/or actual financial indicators of the CUSTOMER’s activities;
– the CUSTOMER’s personnel;
– the CUSTOMER’s obligations to third parties, in particular, obligations to organize the purchase, import, and sale of goods;
– concluded or planned contracts;
– volumes of sales of products by the CUSTOMER to third parties;
– principles of pricing the CUSTOMER’s products;
– clients (suppliers, buyers, etc.);
– software used by the CUSTOMER in business activities (access passwords, etc.);
– market surveys, marketing research;
– confidential negotiations of the CUSTOMER’s officials with third parties, the subject of which is information covered by the subject of this Agreement;
– cost structures, the CUSTOMER’s profit level;
– the CUSTOMER’s development plans and/or the amount of investments raised/used;
– the CUSTOMER’s financial condition;
– the size of planned and/or actual financial indicators of the CUSTOMER’s activities;
– conditions for storing information by the CUSTOMER and access to it;
– any other information marked (stamped) “COMMERCIAL SECRET”.
6. ASSURANCE OF THE PARTIES
6.1. The Contractor and the Customer, assuming the relevant obligations under this Agreement, assure and guarantee each other that:
6.1.1. They are legal entities, individual entrepreneurs duly established and registered under the legislation of Ukraine, individuals.
6.1.2. All internal procedures, regulations and regulations of the Parties necessary for the conclusion of this Agreement have been complied with.
6.1.3. The conclusion of this Agreement will not lead to a violation or contradiction with the constituent documents of the Parties or any existing obligations of the Parties to third parties.
6.1.4. Any information in connection with the signing of this Agreement, its terms, the fact of the performance of work may be provided to third parties (including the media) only upon agreement of the Parties.
7. DISPUTE RESOLUTION
7.1. Disputes arising between the Parties and disagreements under this Agreement and in connection with it will be resolved by the Parties through mutual consultations and negotiations.
7.2. Disputes and disagreements within the framework of this Agreement, the settlement of which by the Parties is impossible through negotiations, will be submitted to the court.
7.3. In the event of the absence of the Defendant at the legal address, which is confirmed by the return of a registered letter with a claim, the court case shall be considered in the court at the location of the Plaintiff.
8. FORCE MAJEURE
8.1. The Parties are exempt from liability for full or partial failure to fulfill their obligations under this Agreement, if it is caused by force majeure circumstances, such as: natural disasters, fires, floods, earthquakes, war, blockade, occupation, embargo, export (import) bans, acts or laws issued by state bodies and under their control.
8.2. In the event of force majeure circumstances, the deadline for fulfilling obligations is postponed in accordance with the time during which such circumstances will be in effect. If these circumstances and their consequences continue for more than 3 (three) months, then each of the parties will have the right to refuse further fulfillment of obligations under this contract and in this case neither of the parties will have the right to compensation from the other party for possible losses.
8.3. The Party for which it is impossible to fulfill its obligations under the contract due to the occurrence of force majeure circumstances shall be obliged to immediately notify (by telex, fax) the other Party, and also within 15 (fifteen) days from the date of the occurrence of force majeure circumstances, send a notification in the established form issued by a representative of the relevant Chamber of Commerce (Commerce and Industry) indicating the presence of the above-mentioned events, their date of occurrence and duration.
8.4. Failure to notify or untimely notification of the occurrence of force majeure circumstances deprives the Party of the right to refer to any of the above circumstances as a basis for exempting it from liability for non-fulfillment of obligations. The presence of force majeure circumstances must be confirmed by a representative of the relevant Regional Chamber of Commerce and Industry.
8.5. The Parties shall not be liable for breach of their obligations under this Agreement if it occurred through no fault of theirs. A Party shall be deemed not to be at fault if it proves that it has taken all measures within its power to properly perform the obligation.
9. AMENDMENTS AND ADDENDUMS TO THE AGREEMENT
9.1. Any amendments and additions to this Agreement shall be valid only if they are made in writing and signed by duly authorized representatives of the Parties with seals affixed. Such amendments and additions shall be integral parts of the Agreement.
9.2. After signing this Agreement, all previous negotiations, rewrites, prior agreements and protocols of intent on the issues set forth in this Agreement shall lose their legal force.
10. ENTRY INTO FORCE, TERM OF ACTION AND CONDITIONS FOR TERMINATION OF THE AGREEMENT
10.1. This Agreement shall enter into force from the moment of payment for services on the website.
Details:
Individual entrepreneur Georgitsia Valentyna Dmytrivna
EDRPOU: 3378807027
Legal address: Ukraine, Prokhorovskaya 39, apt. 59 A
Bank details:
PJSC COMMERCIAL BANK “PRIVATBANK”
R/R UA40 305299 00000 26000014914301
Tel. 0 800 207 821
Status of single tax payer