PUBLIC OFFER AGREEMENT for the provision of services
This document (hereinafter referred to as the ‘Offer’) is an official, public offer to enter into a Public Offer Agreement for the provision of services (hereinafter referred to as the ‘Agreement’) on the terms and conditions set out below. In accordance with the provisions of Articles 633, 641 of the Civil Code of Ukraine, the terms of the Agreement are the same for all Customers, regardless of status (individual, legal entity, individual entrepreneur), unconditional acceptance of the terms of which is considered acceptance of this offer by the Customer and the Contractor.
INDIVIDUAL ENTREPRENEUR ANDRIY OLEKSANDROVYCH IVCHUK, acting on the basis of the Entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations dated 12.06.2020 No. 2022023400064, hereinafter referred to as the ‘Contractor’, on the one hand, and the person who has joined this Agreement by accepting the offer to conclude this Agreement on the terms and conditions specified by the Contractor, hereinafter referred to as the ‘Customer’, on the other hand, hereinafter collectively referred to as the ‘Parties’, and each individually as a ‘Party’, expressing their free will and guided by the norms of the current legislation of Ukraine, have entered into this Agreement on the following terms and conditions:
1. 1. Terms and definitions
1.1. Public offer is an offer of the Contractor addressed to any individual and/or legal entity, in accordance with Article 633 of the Civil Code of Ukraine, to conclude a public agreement on the provision of marketing services, such as training courses, SEO promotion, PPC advertising, work with visuals, content, promotion of online stores, etc. on the terms and conditions set out in this Agreement.
1.2. Acceptance is the full and unconditional consent of the Customer to enter into this Agreement on the terms and conditions specified in this Agreement.
1.3. The Contractor - Individual entrepreneur Ivchuk Andrii Oleksandrovych, provides the services specified in this Agreement, the information is available on the Contractor's website at the following link: https://dev.guildofmarketing.com.
1.4. The Customer is an individual and/or legal entity, a user of the Service, who has made a payment to the Contractor's account.
1.5. Personal data means information or a set of information about an individual who is is identified or can be specifically identified.
1.6. Personal data subject means an individual in respect of whom personal data is processed in accordance with the applicable law.
1.7. Consent of the subject of personal data is any voluntary expression of will of an individual to grant permission to process his or her personal data in accordance with the formulated purpose of their processing.
2. General provisions
2.1. The Agreement shall be a public agreement within the meaning of Article 633 of the Civil Code of Ukraine, and the person who accepts the offer (public offer) to enter into the Agreement (accepts) shall become the Customer in accordance with Article 642 of the Civil Code of Ukraine, Article 11 of the Law of Ukraine ‘On Electronic Commerce’ and the terms of this Agreement.
2.2 This Agreement defines the specifics of the provision and payment for the Services presented on the website https://dev.guildofmarketing.com and/or offered to the Customer additionally in the course of negotiations.
2.3. The Agreement is a proposal (public offer) to an unlimited number of individuals and legal entities to enter into the Agreement with the Contractor by full and unconditional acceptance of the terms of this Agreement.
2.4. The terms of the Agreement shall be the same for all persons who have decided to accept the terms of this Agreement.
2.5. The Agreement is a contract of adhesion within the meaning of Article 634 of the Civil Code of Ukraine, since its terms are determined by the Contractor and may be accepted by the Customer only by joining the proposed Agreement as a whole. In case of disagreement of the Customer with all or some provisions of this Agreement, the Agreement shall not be concluded.
2.6 The payment for the Contractor's services by bank transfer on the basis of the invoice issued by the Contractor, including using an electronic payment instrument, shall be deemed to be the accession to the Agreement.
2.7. The Agreement shall be deemed concluded from the date of receipt by the Contractor of payment for the services made by the Customer under the terms and conditions established by this Agreement.
2.8. The Parties may agree on a different method of joining the Agreement and determine a different moment of entering into the Agreement.
2.9. If the Customer performs the actions stipulated in Clause 2.6 hereof, it shall be deemed to be the Customer's acceptance of the offer to enter into the Agreement (acceptance), and shall also confirm the fact of full and unconditional acceptance by the Customer of the terms of this Agreement without any reservations or comments in accordance with Article 642 of the Civil Code of Ukraine. By accepting the Contractor's offer (public offer), the Customer agrees to all the terms and conditions of this Agreement and confirms that it understands the content of the Agreement and the legal consequences of its conclusion.
2.10. The Agreement shall be an electronic agreement within the meaning of Article 3 of the Law of Ukraine ‘On Electronic Commerce’, shall be concluded using available information and telecommunication systems and shall not be invalidated due to its execution in electronic form.
2.11. This Agreement in paper form may be provided at the request of the Customer, and may also be printed by the Customer independently from the Contractor's website: https://dev.guildofmarketing.com .
3. Subject of the public offer agreement
3.1. Under the terms and conditions and in the manner prescribed by this Agreement, the Contractor shall provide, and the Customer shall accept and pay for marketing services, such as training courses, SEO promotion, PPC advertising, work with visuals, content, promotion of online stores, etc. (hereinafter referred to as the Services), which are specified in the invoice.
3.2. Services are provided on a fee basis.
3.3 All amendments to this Agreement shall be published on the Contractor's website.
3.4 All terms of this Agreement shall be binding on both the Customer and the Contractor. Before using the Service, the Customer shall be obliged to read the terms of this Agreement.
4. Procedure for concluding an agreement
4.1 The text of this Agreement is a public offer and is valid for all legally capable individuals, legal entities, individual entrepreneurs, in accordance with the current Ukrainian legislation, who intend, desire and have the opportunity to purchase services from the Contractor.
4.2 Acceptance of the offer - payment by the Customer of the invoice provided by the Contractor, which is determined by this Agreement, at the agreed prices, and acceptance of the terms of payment, provision of Services.
4.3. The fact of payment for the Services is an unconditional acceptance by the Customer of the terms of this Agreement. From the moment of receipt of the Customer's funds to the Contractor's account, the Customer shall be considered as a person who has entered into a contractual relationship with the Contractor.
4.4. The public offer agreement shall not apply to the relations and obligations of the Customer and the Contractor if they are formalised in separate individual agreements in writing.
5. Cost of services and payment procedure
5.1. The total price of this Agreement is the sum of the cost of the Services provided by the Contractor during the term of this Agreement.
5.2. Payment for the services shall be made by the Customer by 100% prepayment on the basis of the invoice issued by the Contractor, not later than 10 calendar days from the date of invoice.
5.3. The form of payment shall be non-cash, by transferring funds to the current account of the Contractor specified in the invoice and Section 12 of this Agreement.
5.4. The Contractor shall draw up the Acts of Services rendered (hereinafter referred to as the Acts, and each Act separately) upon the performance of services and send them to the Customer.
5.5. The Contractor shall send invoices and Acts to the Customer in electronic form through the Vchasno system with a qualified (advanced) electronic signature and/or seal (if a seal is used in business activities).
5.6. Within 2 (two) business days, the Customer shall review the Service Acceptance and Transfer Certificate and accept it by affixing a qualified electronic signature and the Customer's seal (if the seal is used in business activities) or send motivated comments on the Deliverables to the Contractor by sending a message in the Telegram messenger https://t.me/guildofmarketing_office.
6. Rights and obligations of the parties.
6.1. The Contractor has the right to:
6.1.1. Receive information from the customer necessary for the provision of services;
6.1.2. Independently set the price of services and other terms of their provision by posting relevant information on the Contractor's website;
6.1.3. To amend the Agreement by posting them on the Contractor's website without special notice to the Customer;
6.1.4. Store and process personal data obtained in the course of providing services in accordance with the requirements of the current legislation of Ukraine;
6.1.5. Suspend the provision of services in case of untimely fulfilment by the Customer of its monetary obligations to pay for services;
6.1.6. To suspend the provision of services in full or in part in case of impossibility of providing services due to technical or other objective reasons.
6.2. The Contractor shall:
6.2.1. Provide the Services from the moment of acceptance of the Agreement;
6.2.2. Provide the Services in a timely manner and in accordance with the terms of this Agreement upon the Customer's order;
6.2.3. Provide clarifications on issues arising from the Customer in connection with the provision of the Services;
6.2.4. In the event of circumstances that prevent the proper performance of its obligations under this Agreement, immediately notify the Customer thereof;
6.2.5. Take any other necessary measures required for the proper performance of its obligations under this Agreement;
6.2.6. Sign and deliver to the Customer the Acts of rendered services;
6.2.7. Eliminate deficiencies in the performance of services within 3 (three) working days from the date of receipt of comments from the Customer with a description of the deficiencies to be eliminated;
6.2.8. Ensure the protection of personal data received from the Customer.
6.3. The Customer has the right to:
6.3.1 Receive the Services provided by the Contractor in accordance with the terms of the Agreement;
6.3.2. Receive complete and accurate information about the scope of the services provided, as well as clarifications on issues arising from the Customer in connection with the provision of the Services.
6.4. The Customer is obliged to:
6.4.1. Independently read the terms of the Agreement posted on the Contractor's website;
6.4.2. Provide accurate and complete information necessary for the conclusion and performance of the Agreement;
6.4.3. Provide the Contractor, at its request, with the information materials necessary for the proper performance of the obligation to perform the Services provided for hereunder;
6.4.4. To pay for the Services duly rendered on the terms and in the manner prescribed by this Agreement, at the prices determined by the Contractor;
6.4.5. Immediately notify the Contractor of any changes in its details, circumstances and facts that are important for the provision of the Services under the Agreement;
6.4.6. Not to copy or distribute without the written consent of the Contractor the consultations, materials, presentations, explanations, and other information received in the course of the Agreement;
6.4.7. To accept from the Contractor the duly performed Services provided by him under this Agreement on the basis of the Certificate of Services rendered;
6.4.8. Pay the advertising budget in a timely manner in accordance with the Contractor's requests.
6.5. The Parties shall comply with all terms and conditions of this Agreement and all its Annexes. Appendices to the Agreement shall be integral parts of the Agreement.
7. Liability of the parties.
7.1. The Parties shall be liable for breach of the Agreement in accordance with the provisions of the current legislation of Ukraine and the terms of this Agreement.
7.2. The breach of the Agreement shall be its non-performance or improper performance, i.e. performance in violation of the terms and conditions specified in the content of this Agreement.
7.3. The Contractor shall not be liable for improper performance or non-performance of the terms of this Agreement if the Customer fails to provide the information and documents required for the provision of services, or if the information and documents are incomplete or contain contradictory and/or inaccurate information and/or documents.
7.4. The Customer is responsible for the accuracy and completeness of the information provided during registration. If the Customer has not indicated or has indicated incorrectly the information about himself, the Contractor shall not be liable for the Customer's losses incurred as a result of refusal to refund the prepayment, provide services, and/or perform other actions due to the impossibility of correct identification of the Customer.
7.5. In case of delay in payment for services by the Customer, the Customer undertakes to pay to the Contractor a penalty in the amount of double the discount rate of the National Bank of Ukraine of the amount of the outstanding monetary obligation for each day of delay in payment.
7.6. If the Customer makes a payment but does not receive services for reasons beyond the Contractor's control, such funds may be credited with the Customer's consent against future payments for services to be provided by the Contractor or shall be refunded at the Customer's request.
7.7. The Parties shall be released from liability for non-fulfilment or improper fulfilment of obligations under the Agreement if it occurred as a result of force majeure, i.e. extraordinary and unforeseen circumstances that arose after the conclusion of this Agreement, do not depend on the will of the Parties and are beyond their control, which include, in particular, but not exclusively hostilities, revolutions, coups d'état, natural disasters, man-made and other accidents, accidents in the power supply and communication system, strikes, lockouts, acts of sabotage and terrorism, decisions of state and local authorities, epidemics, pandemics, emergencies that make it objectively impossible to fulfil the terms of the Agreement (hereinafter referred to as ‘force majeure’).
7.8. The Party for which force majeure has occurred shall notify the other Party within 3 (three) calendar days from the date when the Party became aware of the occurrence of force majeure and provide the other Party with the appropriate documents to confirm the force majeure.
7.9. From the moment the other Party receives a notice of force majeure, the fulfilment of the terms of the Agreement shall be suspended, and the term for fulfilment of the obligations under the Agreement shall be extended for the period of force majeure.
7.10. Suspension of the terms of the Agreement means that the Contractor shall cease to provide the services stipulated by the Agreement, and the Customer shall not make further payments for the services that have not been provided, without negative consequences, penalties and liability for each of the Parties.
7.11. The Party for which force majeure has occurred shall notify the other Party of the termination of force majeure within 3 (three) calendar days from the date when the Party became aware of the termination of force majeure.
7.12. Each Party shall have the right to initiate termination of the Agreement if the duration of force majeure exceeds one (1) month.
8. Term of the agreement.
8.1. The term of the Agreement shall be determined from the moment of acceptance of the Offer by the Customer and shall be valid for 1 month, but in any case until the Parties fully fulfil their obligations under the Agreement.
8.2. If neither Party notifies the other Party of termination of the Agreement 10 (ten) calendar days prior to the expiry date of such Agreement, the Agreement shall be extended for each subsequent month on the same terms and conditions. same terms and conditions.
8.3. Extension of the Agreement for the next term shall be subject to payment of the cost of the Contractor's Services in accordance with the terms of this Agreement.
8.4. The Agreement may be terminated:
8.4.1. At any time by agreement of the Parties;
8.4.2. At the initiative of one of the Parties in case of violation of the terms of the Agreement by the other Party with written notice to the other Party. In this case, the Agreement shall be deemed terminated upon receipt by the Party that has breached the terms of the Agreement of a written notice from the other Party;
8.4.3. At the initiative of one of the Parties, subject to a written notice to the other Party 10 (ten) calendar days prior to the date of termination of the Agreement;
8.4.4. On other grounds provided for in this Offer (Agreement).
8.5. In the event of early termination of the Agreement, the Parties shall make full settlements for the Services already provided. The date of termination of this Agreement shall be the date of final settlement.
9. Protection of personal data.
9.1. Each Party agrees to the collection and processing of its personal data.
9.2. The Parties undertake to ensure proper protection of personal data from unlawful processing and unlawful access by third parties, including taking the necessary measures to prevent disclosure of personal data of the Parties' officials, employees, authorised representatives, if such personal data has been entrusted to the Party or has become known to the Party in connection with the obligations under the Agreement.
9.3. By entering into the Agreement, the Customer confirms that he/she has been notified (without additional notice) of the rights of the personal data subject established by the Law of Ukraine ‘On Personal Data Protection’, the purpose of personal data processing, the composition and content of the collected personal data, as well as the conditions of access to personal data of third parties.
10. Agreement on electronic document management.
10.1. The Parties shall recognise the legal force of documents drawn up in electronic form (applications, Acts, notifications, invoices, agreements, letters, etc.) sent by e-mail to the details specified in the Agreement, if it is possible to establish that the document originates from a Party to the Agreement.
10.2. The Parties have agreed to use an electronic digital signature (EDS) in the document flow within the framework of this Agreement.
10.3. The Parties have agreed to be governed by the terms and conditions for electronic document flow and electronic interaction set out below:
10.3.1. Invoices and acts shall be drawn up in writing in the form of an electronic document and shall not be executed in paper form;
10.3.2. In accordance with the agreement on electronic document management, the Parties shall use electronic signatures;
10.3.3 Electronic documents shall be exchanged through the Vchasno system.
11. Other terms of the agreement.
11.1. The Offer comes into force from the moment of publication on the Contractor's website and is valid until the Contractor withdraws the Offer. The Customer confirms that he/she has received sufficient information about the full range of services provided for by the Agreement and accepts them without any reservations.
11.2. The Customer confirms that it has the necessary legal capacity, as well as all rights and authority to enter into and perform the terms of the Agreement.
11.3. The information provided by the Customer is confidential. Information about the Customer shall be used solely for the purpose of performing the Services by the Contractor.
11.4. The Contractor shall have the right to unilaterally amend the Agreement by publishing amendments to the Agreement on the Contractor's website. Amendments to the Agreement shall enter into force on the date of their publication on the Contractor's website, unless another effective date is specified additionally when they are published.
11.5. On issues arising in connection with the conclusion, performance and termination of this Agreement and not regulated hereby, the Parties shall be guided by the provisions of the current legislation of Ukraine, in particular the provisions of the Civil Code of Ukraine, the Commercial Code of Ukraine and the Law of Ukraine ‘On Electronic Commerce’.
11.6. Any disputes that may arise under this Agreement shall be resolved by the parties through negotiations. In case of failure to reach an agreement, all disputes under this Agreement shall be resolved in accordance with the current legislation of Ukraine.
11.7. If any provision of this Agreement becomes invalid, this shall not affect the validity of the remaining provisions of the Agreement. In this case, the Parties shall, as far as possible, try to agree on the replacement of the invalid provision with new valid provisions that allow to achieve the original intentions of the Parties as much as possible.
11.8. The Parties undertake to keep confidential the confidential information and trade secrets that they have become aware of in connection with the performance of the Agreement, not to disclose the confidential information and trade secrets of the other Party, and not to use the relevant information in their own interests or the interests of third parties.
11.9. The Parties shall be solely responsible for the completeness and accuracy of the details provided by them in the documents. The Parties shall immediately notify each other of any changes in name, title, legal form, location (place of residence), correspondence addresses, telephone numbers, e-mail addresses, bank and other account details. In the event of failure to notify, the guilty Party shall bear the risk of adverse consequences (including tax consequences).
11.10. The Contractor under this Agreement has the status of a single tax payer of the 3rd group and is not a value added tax payer.
12. Address and details of the Contractor.
ФОП Івчук Андрій Олександрович
Адреса реєстрації: вул. Лісова 6, с. Українка, Білогірський район, Хмельницька область
Паспорт громадянина України серії НВ 410290, виданий Білогірським РВ УМВС України у Хмельницькій обл.
Код за ДРФО 3285306934
e-mail: andriyivchuk@gmail.com
тел.: +3809676701102
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Банківські реквізити для переказів по Україні:
IBAN: UA473220010000026001310033619
АТ «УНІВЕРСАЛ БАНК», МФО 322001
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Beneficiary (Бенефіціар)
IBAN: UA743220010000026208302135339
Receiver: IVCHUK ANDRII
Address: 30200, Ukraine, reg. Khmelnytska, district. Bilohirskyi, village. Ukrainka, st. Lisova, build. 6
Account with Institution (Банк Бенефіціара)
Bank: JSC UNIVERSAL BANK
City: KYIV, UKRAINE
Swift code: UNJSUAUKXXX
Details of payment (Призначення платежу):
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