PUBLIC OFFER AGREEMENT
on 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”) under the following conditions. According to the provisions of Art. 633, 641 of the Civil Code of Ukraine, the terms of the Agreement are the same for all Customers, regardless of their status (physical entity, legal entity, individual entrepreneur), unconditional acceptance of the terms of which is considered to be acceptance of this offer by the Customer and the Contractor.
INDIVIDUAL ENTREPRENEUR RUSLAN VIKTOROVYCH DROZDOVSKYI, operating on the basis of the Entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations dated 09/12/2019 No. 26460000000034828, hereinafter referred to as the “Contractor”, and the person who joined this Agreement by accepting the offer to conclude this Agreement on the terms determined by the Contractor, hereinafter referred to as the “Customer”, hereinafter together – the “Parties”, and each individually – the “Party”, expressing their free will and guided by the norms of the current legislation of Ukraine, concluded this Agreement on the following terms:
1. Terms and definitions
1.1. Public offer is an offer by the Contractor, addressed to any physical and/or legal entity, in accordance with Article 633 of the Civil Code of Ukraine, to conclude a public contract for the provision of marketing services, such as SEO promotion, PPC advertising, working with visuals, content, promotion of online stores, etc. on the terms outlined in this Agreement.
1.2. Acceptance is the full and unconditional consent of the Customer to conclude this Agreement on the terms specified in this Agreement.
1.3. The Сontractor is Ruslan Viktorovych Drozdovskyi, an individual entrepreneur, who provides the services specified in this Agreement, the information is posted on the Executor’s website at the following link: https://goal-team.com.ua.
1.4. The Customer is a physical and/or legal entity, a user of the service who made a payment to the Contractor’s current account.
1.5. Personal data – information about a physical person who is identified or can be specifically identified.
1.6. The subject of personal data is a physical person, whose personal data is processed under the current legislation.
1.7. The consent of the subject of personal data is any voluntary expression of the will of a physical person regarding the granting of permission for the processing of their personal data in accordance with the stated purpose of their processing.
2. General Terms
2.1. The Agreement is 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 conclude the Agreement (implements acceptance) becomes 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 conditions of this Agreement.
2.2. This Agreement defines the specifics of the provision and payment of the Services presented on the website https://goal-team.com.ua and/or offered to the Customer additionally during negotiations.
2.3. The Agreement is an offer (public offer) to an unlimited number of individuals and legal entities to enter into an Agreement with the Contractor by fully and unconditionally accepting the terms of this Agreement.
2.4. The terms of the Agreement are the same for all persons who have decided to accept the terms of this Agreement.
2.5. The Agreement is an accession agreement within the meaning of Article 634 of the Civil Code of Ukraine since its terms are determined by the Contractor and can be accepted by the Customer only by joining the proposed Agreement as a whole. In case of disagreement of the Customer with all or individual provisions of this Agreement, the conclusion of the Agreement does not take place.
2.6. Payment of the Contractor’s services by non-cash transfer of funds based on an invoice issued by the Contractor, including using an electronic means of payment, is considered joining the Agreement.
2.7. The contract is considered concluded from the date of payment to the Contractor for the services provided by the Customer under the conditions established by this Contract.
2.8. The parties may agree on another method of joining the Agreement and determine another moment of concluding the Agreement.
2.9. The Customer’s performance of the actions provided for in Clause 2.6 of this Agreement is deemed to be the Customer’s acceptance of the offer to conclude the Agreement (execution of acceptance) and also confirms the fact of the Customer’s full and unconditional acceptance 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 of this Agreement and confirms that he understands the content of the Agreement and the legal consequences of its conclusion.
2.10. The contract is an electronic contract within the meaning of Article 3 of the Law of Ukraine “On Electronic Commerce”, concluded using available information and telecommunication systems and cannot be invalidated due to its execution in electronic form.
2.11. This Agreement can be provided in paper form at the Customer’s request, and can also be printed by the Customer independently from the Contractor’s website: https://goal-team.com.ua.
3. The subject of the public offer contract
3.1. Under the conditions and in the order stipulated by this Agreement, the Contractor undertakes to provide, and the Customer to accept and pay for marketing services, such as SEO promotion, PPC advertising, work with visuals, content, promotion of online stores, etc. (hereinafter – Services), which are specified in the invoice.
3.2. Services are provided on a paid basis.
3.3. All changes and additions to this Agreement are published on the Contractor’s website.
3.4. All terms of this Agreement are binding for both the Customer and the Contractor.
Before starting to use the Service, the Customer must become familiar with the terms of this Agreement.
4. Contract conclusion procedure
4.1. The text of this Agreement is a public offer and is valid for all сapable individuals, legal entities, and individual entrepreneurs, in accordance with current Ukrainian legislation, who have the intention, desire, and ability to purchase services from the Contractor.
4.2. Acceptance of the offer – payment by the Customer of the invoice provided by the Contractor, determined by this contract, at the agreed prices, acceptance of the terms of payment, and provision of Services.
4.3. The fact of paying for the Services is the Customer’s unquestionable acceptance of the terms of this Agreement. From the moment of receipt of the Customer’s funds to the Contractor’s current account, the Customer is considered a person who has entered into contractual relations with the Contractor.
4.4. The public offer agreement is not extended to the relations and obligations of the Customer and the Contractor if they are formalized by separate individual contracts in writing.
5. The cost of services and the procedure for calculations
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 of the cost of services is made by the Customer by 100% prepayment on the basis of the invoice issued by the Contractor, no later than 10 calendar days after the invoice is issued.
5.3. The form of payment is non-cash, by transferring funds to the Contractor’s current account specified in the invoice and section 12 of this Agreement.
5.4. The Contractor draws up the Acts of the Services provided (hereinafter – the Acts, and each individual Act) based on the fact of the performance of the services and sends them to the Customer.
5.5. The Contractor sends invoices and Acts to the Customer in electronic form through the Vchasno system with a qualified (improved) electronic signature and/or seal (when using a seal in business activities).
5.6. Within 2 (two) working days, the Customer reviews the Act of acceptance and transfer of services and accepts it by imposing a qualified electronic signature and seal of the Customer (when using the seal in business activities) or sending relevant comments about the Results to the Contractor via Telegram messenger https:// t.me/RuslanDrozdovskiy.
6. Rights and obligations of the parties
6.1. The Contractor has the right to:
6.1.1. receive from the customer the information 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. make changes to 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 process of providing services in accordance with the requirements of the current legislation of Ukraine;
6.1.5. to suspend the provision of services in case of late fulfillment by the Customer of its monetary obligations for payment of services;
6.1.6. suspend the provision of services in whole or in part in case of impossibility of providing services due to technical or other objective reasons.
6.2. The Contractor is obliged to:
6.2.1. provide Services from the moment of acceptance of the Agreement;
6.2.2. provide Services in accordance with the terms of this Agreement in a high-quality and timely manner at the Customer’s order;
6.2.3. provide clarification on issues arising from the Customer in connection with the provision of Services to him;
6.2.3. in case of the occurrence of circumstances that prevent the proper performance of one’s duties under this Agreement, immediately notify the Customer;
6.2.4 take any other necessary measures necessary for the proper performance of its obligations under this Agreement;
6.2.5. to sign and hand over to the Customer the Acts of services rendered;
6.2.6. 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 that must be eliminated;
6.2.7. ensure the protection of personal data received from the Customer
6.3. The customer has the right to:
6.3.1. receive Services provided by the Contractor in accordance with the terms of the Agreement;
6.3.2. to receive complete and reliable information about the scope of services provided, as well as clarification on issues arising from the Customer in connection with the provision of Services to him.
6.4. The customer is obliged to:
6.4.1. become familiar with the terms of the Agreement posted on the Contractor’s website;
6.4.2. to provide reliable and complete information necessary for the conclusion and execution of the Agreement;
6.4.3. to provide the Contractor, at his request, with information materials required for the proper fulfillment of the obligation to perform the Services provided for in this Agreement;
6.4.4. to make payment for properly provided Services under the conditions and in the manner specified by this Agreement, at the prices specified by the Contractor;
6.4.5. immediately notify the Contractor of a change in his details, circumstances, and facts that are important for the provision of Services under the Agreement;
6.4.6. not to copy or distribute without the written consent of the Contractor consultations, materials, presentations, clarifications, and other information obtained during the execution of the Agreement;
6.4.7. to accept from the Contractor properly performed Services provided by him under this Agreement on the basis of the Act of services rendered;
6.4.8. to pay the advertising budget in a timely manner in accordance with the requests of the Contractor.
6.5. The parties are obliged to comply with all terms of this Agreement and all annexes to it. Annexes to the Agreement are integral parts of the Agreement.
7. Responsibilities of the parties
7.1. The Parties are responsible for breach of the Agreement in accordance with the provisions of the current legislation of Ukraine and the terms of this Agreement.
7.2. A breach of the Agreement embraces its non-performance or improper performance, that is, performance in violation of the conditions defined by the content of this Agreement.
7.3. The Contractor is not responsible for improper performance or the absence of performance of the terms of this Agreement in the case the Customer has not provided the information and documents necessary for the provision of services, or in case of the provision of incomplete information and documents or the provision of contradictory and/or inaccurate information and/or documents.
7.4. The customer is responsible for the reliability and completeness of the information provided during registration. In case the Customer did not specify or incorrectly specified information about himself, the Contractor is not responsible for the Customer’s losses incurred as a result of the refusal to return the advance payment, provide services, and/or perform other actions due to the impossibility of correct identification of the Customer.
7.5. In case of a delay in the payment of services by the Customer, the Customer undertakes to pay a penalty in favor of the Contractor in the amount of twice the accounting rate of the National Bank of Ukraine from the amount of the outstanding monetary obligation for each day of delay in payment.
7.6. In case the Customer makes a payment, but does not receive services due to reasons beyond the Contractor’s control, such funds may be credited with the Customer’s consent to future payments for services to be provided by the Contractor or may be returned at the Customer’s request.
7.7. The Parties are released from responsibility for non-fulfillment or improper fulfillment of obligations under the Agreement, if this occurred as a result of force majeure, i.e. extraordinary and unforeseeable circumstances that arose after the conclusion of this Agreement, do not depend on the will of the Parties and are beyond their control, to which include, in particular, but not exclusively, military actions, revolutions, coups d’état, natural disasters, technogenic 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 fulfill the terms of the Agreement (hereinafter referred to as “force majeure”).
7.8. The Party for which the force majeure has occurred is obliged to notify the other Party about it within 3 (three) calendar days from the date when the Party became aware of the force majeure and to provide the other Party with the appropriate documents to confirm the force majeure.
7.9. From the moment of notification of force majeure by the other Party, the fulfillment of the terms of the Agreement is suspended, and the term of performance of obligations under the Agreement is extended for the period of existence of force majeure.
7.10. Suspension of the performance of the terms of the Agreement means that the Contractor stops providing the services provided for in the Agreement, and the Customer must not make further payments for services that were not provided, without negative consequences, fines and liability for each of the Parties.
7.11. The Party for which the force majeure has occurred is obliged to notify the other Party of the termination of the force majeure within 3 (three) calendar days from the date when the Party became aware of the termination of the force majeure.
7.12. Each Party has the right to initiate the termination of the Agreement if the duration of force majeure exceeds 1 (one) month.
8. Term of the contract
8.1. The validity period of the Agreement is determined from the moment of acceptance of the Offer by the Customer and is valid for 1 month, but in any case until the Parties fully fulfill their obligations under the Agreement.
8.2. In case none of the Parties informs the other Party about the termination of the Agreement 10 (ten) calendar days before the expiration date of such Agreement, the validity of the Agreement is extended for each subsequent month on the same terms.
8.3. The extension of the Agreement for the next term is subject to payment of the cost of the Contractor’s Services in accordance with the terms of this Agreement.
8.4. The contract can be terminated:
8.4.1. at any time with the consent of the Parties;
8.4.2. at the initiative of one of the Parties in case of violation by the other Party of the terms of the Agreement with written notification of the other Party. In such a case, the Agreement is considered terminated from the moment the Party that violated the terms of the Agreement receives a corresponding written notice from the other Party;
8.4.3. at the initiative of one of the Parties, provided that the other Party is notified in writing 10 (ten) calendar days before the date of termination of the Agreement;
8.4.4. for other reasons provided for in this Offer (Agreement).
8.5. In case of early termination of the contract, the Parties are obliged to make full mutual payments for the Services already provided. The date of termination of this Agreement shall be the date of final payment.
9. Protection of personal data
9.1. Each of the Parties consents to the collection and processing of their personal data.
9.2. The Parties undertake to ensure adequate protection of personal data from illegal processing and illegal access by third parties, including taking the necessary measures to prevent the disclosure of personal data of officials, employees, authorized representatives of the Parties if such personal data were entrusted to the Party or became known to the Party in connection with obligations under the Agreement.
9.3. By concluding the Agreement, the Customer confirms that he has been notified (without additional notification) of the rights of the subject of personal data established by the Law of Ukraine “On the Protection of Personal Data”, the purpose of processing personal data, the composition and content of collected personal data, as well as the conditions of access to personal data third parties.
10. Agreement on electronic document management
10.1. The parties recognize the legal validity of documents drawn up in electronic form (applications, acts, notices, invoices, agreements, letters, etc.), sent by e-mail to the details specified in the contract if it is possible to reliably establish that the document originates from the party to the contract.
10.2. The parties agreed to the use of electronic digital signature (EDS) in document circulation within the scope of this Agreement.
10.3. The parties have agreed to be guided by the terms of electronic document flow and electronic interaction, set out below:
10.3.1. accounts and acts are drawn up in writing in the form of an electronic document and are not drawn up on paper;
10.3.2. in accordance with the agreement on electronic document flow, the Parties use electronic signatures;
10.3.3. the exchange of electronic documents is carried out through the “Vchasno” system.
11. Other terms of the agreement
11.1. The Offer becomes effective from the moment of publication on the Contractor’s website and is valid until the Offer is withdrawn by the Contractor. The customer confirms that he has received sufficient information about the full range of services provided in the Agreement, and accepts them without any reservations.
11.2. The customer confirms that he has the necessary legal capacity, as well as all the rights and powers to conclude and fulfill the terms of the contract.
11.3. The information provided by the Customer is confidential. Information about the Customer is used exclusively to perform the Services.
11.4. The Contractor has the right to unilaterally make changes to the Agreement by publishing changes to the Agreement on the Contractor’s website. Amendments to the Agreement shall enter into force from the date of their publication on the Contractor’s website unless a different term of entry into force is not additionally specified upon their publication.
11.5. On issues arising in connection with the conclusion, execution, and termination of this Agreement and not regulated by it, the Parties undertake to be guided by the norms of the current legislation of Ukraine, in particular the provisions of the Civil Code of Ukraine, the Economic Code of Ukraine and the Law of Ukraine “On Electronic Commerce”.
11.6. Any disputes that may arise on the basis of 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, as far as possible, try to agree on the replacement of the invalid condition with new valid provisions that allow the maximum achievement of the initial intentions of the Parties.
11.8. The Parties undertake to keep confidential the commercial secrets and confidential information that became known to them in connection with the fulfillment of the terms of the Agreement, not to disclose the confidential information and commercial secrets of the other Party, and also not to use the relevant information in their own interests or in the interests of third parties.
11.9. The parties bear full responsibility for the completeness and authenticity of the details provided by them in the documents. The parties undertake to immediately notify each other of a change in name, designation, organizational legal form, location (place of residence), mailing addresses, phone numbers, e-mail addresses, details of bank and other accounts. In case of non-notification, the guilty Party bears the risk of the related adverse consequences (including tax).
11.10. The Contractor under this Agreement has the status of a payer of group III single tax excluding VAT.
12. Contractor address and details
An individual entrepreneur Drozdovskyi Ruslan Viktorovych
Registration address: str. Chaldaieva 1, sq. 129, Ternopil
Passport of a citizen of Ukraine series NY 290870, issued by the Ternopil Ministry of Internal Affairs of Ukraine in the Ternopil region.
Code for State Register of physical persons-taxpayers 3528502139
e-mail: ruslanldrozdovskiy@gmail.com
Phone: +380973993324
The Contractor is a payer of group III single tax excluding VAT
Bank details for transfers across Ukraine:
IBAN: UA973220010000026005300065154
JSC “UNIVERSAL BANK”, MFI 322001
SWIFT details for transfers from abroad in USD
Beneficiary
IBAN: UA833220010000026002320074571
Receiver: PE DROZDOVSKYI RUSLAN, Ukraine, reg. Ternopilska, c. Ternopil, st. Chaldaieva, build. 1, fl. 129
An account with Institution (Beneficiary’s Bank)
Bank: JSC UNIVERSAL BANK
City: KYIV, UKRAINE
Swift code: UNJSUAUKXXX
Details of payment (Purpose of payment):
Payment for ___ (the description of the payment service) by the invoice/contract No. ___ (date of your invoice or contract) from ___ (invoice date or contract date)