PUBLIC OFFER AGREEMENT
on the provision of services
This Agreement, in which one party Individual entrepreneur Kvasha Andrii Volodymyrovych, acting on the basis of an extract from the Unified State Register (record date 02.03.2021, record number 202240000000151215) (hereinafter referred to as the Contractor), on the one hand, and any person who has accepted (accepted) this offer (hereinafter referred to as the Customer), on the other hand, hereinafter together – the Parties, and each separately – the Party, makes a public offer of the Public Offer Agreement (hereinafter – the Agreement), (in accordance with Art. 641 of the Civil Code of Ukraine), addressed to an unlimited number of persons, which is an official public offer of the Contractor to conclude a Service Agreement with any Customer. Acceptance (acceptance) of the Public Offer Agreement is carried out by the Customer in the manner prescribed in this Agreement. As a result of acceptance (acceptance) by the Customer of this Public Offer, the Agreement is considered concluded.
1. GENERAL PROVISIONS
1.1. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer to conclude the Agreement in full, without signing a written copy of the Agreement by the Parties.
1.2. The Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
1.3. The Customer confirms the fact of acquaintance and agreement with all the terms of this Agreement in full by acceptance.
1.4. Any of the following actions is considered acceptance of this public offer agreement:
the fact of registration of the Customer on the Contractor’s Website and placing an Order for the Contractor’s Services on the Contractor’s Website https://niwox.com
payment for the Contractor’s Services on the terms and in the manner prescribed by this Agreement and on the relevant pages of the Contractor’s Website https://niwox.com/
written (including in electronic form by e-mail) notification of the Customer about acceptance of the terms of this Agreement to the e-mail address specified on the Website https://niwox.com/contacts/
1.5. By entering into this Agreement, the Customer automatically agrees to fully and unconditionally accept the provisions of this Agreement, the prices for the Services and all appendices that are integral parts of the Agreement.
1.6. If the Customer does not agree with the terms of the Agreement, he has no right to conclude this Agreement, and also has no right to use the Services under this Agreement.
2. TERMS AND DEFINITIONS
«Public Offer Agreement» means a public agreement, a transaction for the provision and receipt of services, which establishes the same conditions for all Customers, a sample of which is posted on the Website https://niwox.com/
«Public offer» means the Contractor’s offer addressed to any individual in accordance with Article 641 of the Civil Code of Ukraine to conclude an agreement with him contained in the public offer.
«Acceptance» – the Customer’s full and unconditional consent to the conclusion of this Agreement in full, without signing a written copy of the Agreement by the Parties.
«Services» – the activities of the Contractor, carried out by the individual order of the Customer, to meet his personal needs. The service is provided in accordance with the current Tariffs of the Contractor.
The service is provided to citizens of Ukraine, foreigners and stateless persons, unless otherwise provided by the Tariffs, on the day of application for the service. Service or several Services provided by the Contractor and specified by the Contractor in the relevant section of the Website https://niwox.com/
«Customer» – any legally capable individual, legal entity, individual entrepreneur who has visited the Website https://niwox.com/ and accepted this Agreement.
«Contractor» – a legal entity that provides services in the relevant section of the Website https://niwox.com/та details of which are specified in Section 12 of this Agreement.
«Order» – a duly executed application of the Customer for the Services addressed to the Contractor.
«Tariffs» – approved in the prescribed manner Unified tariffs of services https://niwox.com/, which establish for the Customers the amount of payment for the provision of relevant services in due time.
«Site» – the Contractor’s Website on the Internet, located at: https://niwox.com/
3. CONTRACT SUBJECT
3.1. The Contractor undertakes, under the conditions and in the manner prescribed by this Agreement, to provide the Customer with the Services that are consumed in the process of performing a certain action or carrying out a certain activity, and the Customer undertakes, under the conditions and in the manner prescribed by the Contractor’s Tariffs, to accept and pay for the ordered Services.
3.2. Confirmation of the full and unconditional acceptance of the public offer is the execution (signing) by the Customer of the application-accession to the Agreement (Annex 1 to this Agreement) and / or payment for the ordered Services, which indicates the acceptance of the public offer.
3.3. The Agreement shall be deemed concluded without its further signing from the moment of receipt by the Contractor of the application-accession from the Customer and / or payment by the Customer for the Services, or other actions provided for by the Agreement, indicating the consent to comply with the terms of the Agreement, without signing a written copy by the Parties.
3.4. The Customer agrees to comply with the terms of the Agreement and agrees to receive the Services on the terms established by the Contractor from the moment of execution (signing) by the Contractor of the application for accession and / or payment for the Services.
3.5. By entering into the Agreement, the Customer automatically agrees to the full and unconditional acceptance by the Customer of the provisions of the Agreement, the Tariffs and all annexes that are an integral part of the Agreement.
3.6. The Customer and the Contractor confirm that this Agreement is not a fictitious or sham transaction or a transaction concluded under the influence of pressure or deception.
3.7. The Contractor confirms that he has the right to carry out activities in the field of informatization, in accordance with the requirements of the current legislation of Ukraine.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
4.1. The Contractor shall be obliged to:
4.1.1. Provide the Services in accordance with the subject of the Agreement and the application for accession to it, including services for processing the Customer’s personal data.
4.1.2. To inform the Customer, at his request, all information about the progress of this Agreement.
4.1.3. Not to allow disclosure of confidential personal information and personal data of the Customer, which became known to the Contractor, in the performance of duties under this Agreement, except as provided by law.
4.1.4. Provide the Customer with the Services in the manner and within the terms stipulated by this Agreement, the accession application and the Tariffs.
4.2. The contractor has the right to:
4.2.1. Process the Customer’s personal data during the conclusion and execution of this Agreement, as well as enter them into its own personal data base in the manner prescribed by the Law of Ukraine «On Personal Data Protection» on the basis of the consent provided by the Customer.
4.2.2. To amend this Agreement and/or the Tariffs by publishing their new version and/or amendments thereto on the Website https://niwox.com/ and posting on this Website the relevant notice of the introduction of these changes.
4.2.3. Involve third parties in the performance of legal and other actions related to the provision of Services to the Customer and receipt of payments under the Agreement, without the consent of the Contractor with the Customer.
4.2.4. To withdraw from this Agreement without imposing on the Contractor liability for non-performance/improper performance of the Agreement in the event that the decision of the state authorities or their authorized persons denies the Customer the possibility of registration and issuance of documents for reasons provided for by the current legislation, as well as in case of discrepancies (inconsistencies, false data) in the information and/or documents submitted by the Applicant. In this case, the funds paid by the Customer as payment for the Services ordered by him are not refundable.
4.2.5. The Contractor has the right to use the result of the work performed for the Customer for informational purposes only
placement in the portfolio on the Website
placing work on competitions and design portals
placement of work in their information media booklets, leaflets, commercial offers, briefs, presentations
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The customer is obliged to:
5.1.1. Simultaneously with the execution or (signing) of the accession application, provide the Contractor with complete and reliable information and duly executed documents necessary for the fulfillment of obligations under this Agreement, according to the list specified on the Contractor’s Website.
5.1.2. Provide the Contractor in the prescribed manner with written permission to collect, process their own personal data. In addition, the Customer agrees that this and other information necessary for the quality service of the Customer may be transferred, without written notice of the fact of transfer, by the Contractor to third parties, for the implementation of distribution to the Customer through social networks, SMS and messengers – informing and receiving information messages.
5.1.3. The Customer agrees to receive SMS-informing and receive information messages from the Contractor.
5.1.4. Provide the Contractor with accurate information about yourself.
5.1.5. Check the correctness of spelling of his personal data and/or personal data of the person legally represented by the Customer.
5.1.6. Pay for the Contractor’s Services on the terms of 100% prepayment in the amounts determined by the Contractor’s Tariffs.
5.1.7. Accept the Services provided in accordance with this Agreement and personally sign in two copies the act of acceptance of the services provided by the Contractor.
5.2. The customer has the right to:
5.2.1. Place an Order for the Services specified on the relevant page of the Website https://niwox.com/
5.2.2. Require the Contractor to provide the Services in accordance with the terms of this Agreement
5.2.3. Other rights in accordance with the current legislation of Ukraine and this Agreement
6. ORDERING PROCEDURE
6.1. The Customer independently places an Order on the relevant page of the Website https://niwox.com/ using the payment system by clicking the “Buy” button, or by placing an order by e-mail or by phone number indicated in the contact section of the Website https://niwox.com/contacts/
6.2. The term of processing the Order by the Contractor is https://niwox.com/ up to 5 (five) working days from the moment of its execution. If the Order is sent on a weekend or holiday, the processing time of the Order starts from the first working day after the weekend.
6.3. The order is considered to be the “intention” of the Customer to use the services of the studio, the deadlines for the execution of work are discussed separately and set in written correspondence between the Contractor and the Customer, and / or in the Annexes (application, brief)
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Service is determined by the Contractor and indicated on the relevant page of the Website https://niwox.com/Ціна of the Agreement (the cost of the Order) is determined by adding the prices of all the Services selected by the Customer.
7.2. The Customer pays for the Contractor’s Services under this Agreement in the National Currency of Ukraine – hryvnia. The Parties agree that the equivalent cost of the Services determined on the relevant page of the Website https://niwox.com/ in US dollars shall be paid by the Customer in hryvnias in accordance with the official exchange rate of hryvnia to the US dollar set by the National Bank of Ukraine on the day of issuance of the relevant invoice for the Services by the Contractor.
7.2.1. Payment for the Services is made by:
Transfer of funds to the current account of the Contractor (if the Customer is an individual or legal entity) or by other means of payment indicated on the Contractor’s Website (if the Customer is an individual).
The moment of payment for the Services is the time of crediting funds to the current account of the Contractor.
Payment for the Services shall be made by the Customer within 5 (five) banking days from the date of conclusion of the Agreement by the Parties and issuance of the relevant invoice by the Contractor. The invoice issued by the Contractor shall be valid for five banking days.
The Customer shall independently and at its own expense pay the cost of third party services if it is necessary to receive the Contractor’s Services under this Agreement.
8. THE PROCEDURE FOR RECEIVING SERVICES, THE PROCEDURE FOR ACCEPTING THE TRANSFER OF SERVICES PROVIDED
8.1. The rules for the provision and receipt of the Services are indicated on the relevant page of the Website https://niwox.com/ All questions arising in the process of payment and receipt of the Services, the Customer can find out from the Contractor at the contact details specified in section 12 of this Agreement Contractor’s details or on the Website page https://niwox.com/
9. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. For non-performance or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.
9.2. All disputes arising out of or related to this Agreement shall be resolved through negotiations between the Parties.
9.3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction and jurisdiction of such dispute in accordance with the legislation in force in Ukraine.
9.4. The Contractor shall not be liable for the failure to provide or improper provision of the Services to the Customer in the event of any circumstances that arose through no fault of the Contractor (namely, the occurrence of circumstances that arose through the fault or negligence of the Customer and / or the occurrence of circumstances that arose through the fault or negligence of any third party (any third parties) and / or the occurrence of force majeure).
10. TERM OF THE CONTRACT, AMENDMENTS TO IT AND TERMINATION
10.1. The Agreement is public and unlimited and is valid until its termination by either Party in the manner prescribed by this Agreement or applicable law.
10.2. This Agreement is publicly brought to the attention of all Customers by placing (publishing) it on the Contractor’s Website.
10.3. The Contractor independently and in compliance with the requirements of the current legislation of Ukraine determines the terms of the Agreement. The Contractor independently has the right to change the terms of the Agreement with the obligatory notification of the Customers on the Site. In case of disagreement of the Customer with the changes made to the Agreement, such Customer shall have the right to terminate the Agreement in accordance with the procedure set out in the Agreement within 7 (seven) calendar days from the date when he learned or could have learned about the changes made to the Agreement, by sending or personally submitting a written application to the Contractor’s e-mail address office@niwox.com. If the Customer does not terminate the Agreement within the specified period and continues to use the Services, the Customer agrees with the changes made to the Agreement.
10.4. When making changes to this Agreement, the Contractor shall post a notice of such changes on its Website at least 10 (ten) calendar days before the entry into force of the changes, except in cases for which the Agreement establishes a different term and / or procedure for notifying of changes, as well as cases in which the Contractor is not obliged to notify the Customer of changes. In this case, the Contractor guarantees and confirms that the current version of the text of this Agreement posted on the Contractor’s Website is valid.
10.5. The Contractor shall have the right to terminate this Agreement unilaterally by posting an announcement on its Website not later than 15 (fifteen) calendar days prior to such termination.
10.6. In case of termination of this Agreement in accordance with the procedure provided for in clause 7.5 of the Agreement, the Contractor shall not be released from the obligation to provide the Services to all Customers who have already signed the accession applications and paid for the Services, paid mandatory payments, before the relevant publication of the notice of termination of this Agreement.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement, if it arose as a result of force majeure.
11.2. Force majeure in this Agreement means any circumstances that have arisen beyond the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: military actions, civil unrest, epidemics, blockades, earthquakes, floods, fires, as well as decisions or instructions of the state authorities and governments of the state where the Customer is a resident, or the state where the Contractor is a resident, as a result of which the Parties (or one of the Parties) will be imposed additional obligations or additional restrictions and which make it impossible to further fully or partially fulfill the Agreement, as well as other actions or events that exist beyond the will of the Parties.
11.3. If force majeure circumstances last for more than 3 (three) consecutive months, each of the Parties shall have the right to refuse further performance of obligations under this Agreement and, in this case, neither Party shall be entitled to compensation by the other Party for possible losses.
12. TERMS OF REFUND:
12.1. Rules for refunds
the settlement document (check, receipt, PRRO check, act of acceptance-transfer of services provided) with the date of sale, or SMS informing about the acceptance of the services provided to the Customer is saved.
the Contractor refunds the funds in full minus the commission for making payments, if he has not started work, in other cases the amount – (X) refund to the Customer is calculated by the formula A-F-(T*750 UAH)=X
A – amount of payment for services
F – fees for making payments
T – time spent on work performance
12.2. Consumer rights upon termination of the contract:
settlements with the Customer are made based on the cost of the services provided;
the money paid for the services is returned to the consumer on the day of termination of the contract, but not later than 30 days;
in case of impossibility to return the money on the day of termination of the contract – at another time by agreement of the parties, but not later than within 30 days.
the buyer must explain the reasons for the return in the claim, then send a letter of application for a refund and termination of the offer agreement
other reasons specified in the contract
13. OTHER TERMS OF THE CONTRACT
13.1. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of this Agreement in accordance with its terms.
13.2. Unilateral change of the terms of the concluded Agreement by the Customer or refusal to comply with the terms of the concluded Agreement by the Customer is unacceptable, except as provided for in this Agreement. Neither Party to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
13.3. The Contractor confirms that he is an income tax payer on a general basis.
13.4. The information provided by the Customer is confidential. Information about the Customer is used solely for the purpose of fulfilling his Order.
13.5. By accepting the Agreement, the Customer voluntarily consents to the collection and processing of his personal data for the following purpose: the data that becomes known will be used for commercial purposes, including obtaining information about the order and processing information about it, sending advertising and special offers, information about promotions or any other information about the activities of the Website by telecommunication means (e-mail, mobile communication) https://niwox.com/ . In case of unwillingness to receive information about the activities of the Website https://niwox.com/, the Customer has the right to contact the Contractor by writing a statement of refusal to receive advertising materials and sending it to the postal or e-mail address of the Contractor.
13.6. The Contractor is not 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 when placing the Order.
13.7. The Parties undertake to keep confidential information received as a result of the implementation of this Agreement, except when it is authorized in writing by the other Party or required by state authorities in accordance with applicable law. The guilty Party shall be liable for disclosure of confidential information in accordance with applicable law.
13.8. The Agreement is public and unlimited and shall be valid until its termination by either Party in accordance with the procedure established by this Agreement or applicable law, but in any case until its final execution by the Parties. The Parties agreed that the term of this Agreement may not be less than 3 (three) calendar months. This Agreement is considered agreed by the Customer and concluded at the location of the Contractor from the date of acceptance.
13.9. The Contractor independently in accordance with and in compliance with the requirements of the current legislation of Ukraine determines the terms of this Agreement and its annexes, which are its integral parts. The Contractor has the right to independently change and/or supplement the terms of this public Agreement and its annexes, including the rules for providing and receiving Services under this Agreement. In this case, the Contractor guarantees and confirms that the current version of the text of this Agreement and its annexes, including the rules for the provision and receipt of Services under this Agreement, posted on the Contractor’s Website is valid.
DETAILS OF THE PERFORMER
Individual entrepreneur
Kvasha Andrey Vladimirovich
Legal address: Ukraine, 49000, Dnipropetrovska oblast, Dnipro city, Topol-1 residential complex, 15, building 2, apartment 13
Postal address: 49040, Dnipro city, c/b 2462
Tel: +38 (096) 444 99 10
e-mail: info@niwox.com
bank account IBAN: UA213052990000026007050545997,MFO-305299, in JSC CB “PrivatBank” EDRPOU 3172414495, TIN 3172414495