Offer Agreement

Last update: 14.06.2022
The individual entrepreneur Bozhenko Andrey Vladimirovich, hereinafter referred to as "Contractor", on the one hand, publishes these Terms and Conditions, which are a public offer (offer, contract) to provide the "Customer" on the other hand, and together referred to as "Parties", services of graphic design and web development solutions.

1. General Provisions

1.1 These conditions in accordance with Art. 633, 647 of the Civil Code of Ukraine is a public offer (offer) of the Contractor to the address of an indefinite circle of individuals and / or legal entities containing the terms of the contract for the implementation works. These conditions, in accordance with Art. 633, 647 Civil Code of Ukraine is a public offer (proposal) Contractor at the address of an indefinite circle of individuals and / or legal entities containing the terms of the contract for the work.
1.2 Full and unconditional acceptance of this offer is any action on the part of persons who have declared their intention use the work of the Contractor, as well as made specific actions aimed at fulfilling the conditions specified in the offer, and also performed other actions that confirm the intentions of the person use the works provided by the Contractor. Fact confirming the conclusion of a public contract on the part of the Customer, they place an order on the Contractor's website according to the contacts (phone, email, messenger, etc.) indicated at the address: https://abozhenko.com for the implementation of the work of the Contractor and their subsequent payment. Or filling by the Customer of the order form located on the website at address:https://abozhenko.com, subject to the receipt by the Customer from the Contractor of confirmation order electronically.
1.3 The conclusion of a public contract is made by accession of the Customer to the contract, i.e. (acceptance) by the Customer terms of the contract as a whole, without any conditions, exceptions and reservations.
1.4 The public contract concluded in the above order, is considered to be concluded in simple writing, not requires paperwork and has full legal force.
1.5 From the moment of acceptance, the Customer is considered familiar with and agree to this offer and in accordance with the Civil of the Code of Ukraine is considered to have entered into contractual agreements with the Contractor relationship in accordance with these Terms.
1.6 Contractor's obligations are limited by the terms of this offer, in particular, the obligations of the Contractor are not included in performance of work for the Customer to provide access to the Internet. Access to the Internet is provided by the Customer at his own expense. on one's own.
1.7 The Contractor has the right to change or supplement these Terms at any time by notifying the Customers. The current version of the Offer Agreement is always on the website Artist at:https://abozhenko.com/public-offer.

2. Terms of Service

2.1 The Customer places an order on the Contractor's website, while indicating reliable data and agreeing to the rules and the terms of this Agreement. The customer can also place an order in telephone mode, email correspondence with the representative of the Contractor, after reading the Terms of this offer on the website of the Contractor, in text or any other format and form sent to the Customer Contractor or his representative. If between the customer and The Contractor has drawn up a written agreement for the services of graphic design, the Parties shall be guided solely by the written agreement.
2.2 The main elements identifying the Customer, are first and last name, phone number and e-mail address. These same data for the implementation of the order, the Customer can provide representative of the Contractor for subsequent ordering. By at the request of the Customer, the Contractor may draw up a questionnaire letter and technical tasks, drawn up only before the start of work on contract. If the questionnaire letter and terms of reference were not drawn up before the start of work under the contract, the parties agreed on all technical terms orally and are guided only by the Terms actual agreement.
2.3 At the request of the Customer, the Contractor can be a personal offer has been drawn up, which is added only to the beginning of work under the contract and contains all the technical conditions, stages and terms of services. If a personal offer is not was drawn up, the Parties agreed on all the technical conditions, stages and the timing of the provision of services orally and are guided by only by the Terms of this Offer.
2.4 Delivery of work by the Contractor to the Customer is carried out by sending an image or link via email, messenger or through other means of communication.
2.5 The customer has the right to provide changes to the current stage of work under the contract within seven calendar days from the date of sending an image or a link by email, messenger or via using other means of communication with the results of the work.
2.5.1 The number of revision steps depends on the tariff chosen by the Customer and indicated on the pagehttps://abozhenko.com/services.
2.6 When using the works of the Contractor, it is prohibited any action aimed at obtaining unauthorized access to the Contractor's server resources, personal accounting and other data of other Customers, as well as any other data not provided for the Customer and available via the Internet with Executor's server.
2.7 The customer has the right to file a special authorized state body of intellectual property property application for registration of elements of a graphic design, indicating himself as the owner, and the Contractor as the author. The Contractor undertakes to transfer to the Customer all property rights to graphic design elements. Personal non-property rights of the author on graphic design elements remain in the Executor.
2.8 All communication, dialogues: orally, by phone, by email, in instant messengers, etc., within the framework of this Offer between The Contractor and the Customer are conducted only in Ukrainian. If a information is provided by the Customer not in Ukrainian, for prevention of errors during communication The Contractor has the right demand from the Customer a translation into Ukrainian.

3. Rights and Obligations of the Parties

3.1. The contractor must:
3.1.1. The Contractor reserves the right to change terms of providing services to the Customer with prior notice Customer by phone, by email, in messengers, etc.
3.1.2. Perform work in accordance with the Terms of this Agreement and its appendices.
3.1.3. Provide advice on issues arising in the Customer in connection with the performance of work.
3.2. The Contractor has the right to:
3.2.1. Make changes and additions to the present Agreement and tariffs by publishing these amendments and additions on Executor's website.
3.2.2. Provide information to the Customer by phone, by email, instant messengers, etc. This information may include yourself: messages on the stages of work, shift offers, other important messages.
3.2.3. Independently choose technologies and methods performance of services to be used to perform tasks assigned by the client.
3.3. The customer is obliged to:
3.3.1. Timely transfer funds as payment under this Agreement in the ways determined by the Contractor.
3.3.2. Unconditionally comply with the terms of this agreement and follow the changes and additions to it and its appendices, that are published on the Contractor's website (https://abozhenko.com).
3.3.3. Report changes and additions to the layout by phone, email, instant messengers, etc. Changes and additions, provided by the Customer must have an unambiguous interpretation and be exhaustive.

4. Cost of services and payment procedure

4.1. The cost of the Contractor's work under this contract set in accordance with the current tariff price plan, which published on the site https://abozhenko.com, by links: https://abozhenko.com/services,https://abozhenko.com/files/price.pdf. The Contractor without prior agreement with the Customer has the right to change the cost of tariff plans, as well as prices for the above links.
4.2. The price of work under the Contract may increase for complex jobs and decrease for simple jobs of the same type. In such case, the price is agreed between the Parties by agreement to start of work.
4.3. The parties agree from the moment of payment and receipt By the customer of the layout of claims regarding the quality of the services provided the parties do not have to each other.
4.4. Commissions of the Customer's bank are not included in the price graphic design.

5. Liability of the parties

5.1. Liability of the parties for obligations arise from this agreement is governed by the legislation of Ukraine and this Agreement.
5.2. If the Customer's obligation to pay performed works are not performed, the Contractor has the right suspend the provision to the Customer of completed and unpaid works and not to provide new ones.
5.3. The customer is responsible for any actions and/or omissions, whether intentional or unintentional, as well as any actions and / or inaction of persons using it credentials associated with hosting and/or distribution information on layouts or on the Internet on pages created by the terms of this Agreement, which entailed and / or may entail a violation of the law, as well as for any damage, caused by the above actions and/or inaction Contractor, third parties and the moral foundations of society. The Contractor is not responsible for such actions and / or inaction of the Customer or persons using his credentials, and also the consequences of such actions and/or inactions.
5.4. The Contractor is not responsible for damages caused by caused by the Customer and / or third parties due to disclosure, loss by the Customer or theft of credentials from the Customer.
5.5. The customer is responsible for any illegal actions and / or inaction of the Customer or persons who use his credentials to cause any damage Contractor, including loss of goodwill, and reimburses damage to the executor.
5.6. The Contractor does not reimburse the Customer for losses (including lost profits) incurred by him during the period of use or non-use of resources and results of the Contractor's work.
5.7. The Contractor is not responsible for improper functioning of the Internet, its parts or quality communication lines that are not related to their own resources Contractor, and for their availability to the Customer, and also does not bear responsibility for changing the properties, functions and quality of work, provided to the Customer, if such changes are related to the functioning of the Internet as on its own resources Artist, and beyond.
5.8. The Contractor shall not be liable to the Customer for financial responsibility and does not return to him paid under this Contract cash, if the work was not provided through the fault of the Customer, in particular, due to violation of these Terms.
5.9. The customer is solely responsible for the full responsibility for possible violations of copyright, trade stamps and other norms of Ukrainian legislation related to the fact placement of the Customer's data on layouts and on the Internet on pages, on pages created under the terms of this Agreement.
5.10. Customer without any limitations or exceptions undertakes to protect the Contractor from any liability legal, administrative, moral and all possible claims, fines, losses, expenses caused by the actions of the Customer and / or actions of visitors to the web page, as well as files of the Customer, created under the terms of this Agreement.

6. Force Majeure

6.1. The Party is released from liability for partial or complete failure to fulfill obligations under this contract, if he proves that proper performance was impossible as a result of force majeure, that is, extraordinary and unavoidable circumstances under these conditions.
6.2. Force majeure means natural disasters, war and military operations of any kind, blockades, embargo, export and import ban, epidemic, actions states, strikes, civil unrest, and administrative-legal acts of state bodies and others emergency circumstances, which parties could not foresee and foresee in the course of execution of the contract. The contractor has the right to postpone the execution of the contract for the period during which force majeure will be in effect.
6.3. In the event of force majeure, each The party must notify them in writing without delay. the other Party. The notice must contain information about the nature circumstances, as well as official documents certifying the existence these circumstances and, where possible, evaluate their impact on the ability of a party to fulfill its obligations under this contract.

7. Dispute Resolution Procedure

7.1. The parties agree to resolve all disputes that arise in the performance of this contract through negotiations.
7.2. If there is no agreement during negotiations achieved, pre-trial (pretentious) dispute resolution procedure. In this case, the Party whose rights have been violated, must present another Party claim outlining its requirements.
7.3. The claim is sent by phone, email, messengers, etc. The deadline for responding to a claim is 20 calendar days. days from the date of receipt.
7.4. In the event that the specified in the claim has a reasonable term claims are not satisfied (completely or partially), the Party whose right is violated has the right to apply with a statement of claim to the Economic Court in accordance with the rules on jurisdiction.

8. Final Provisions

8.1. The contract is considered to be executed after the execution Parties of mutual obligations and settlement of all settlements between Parties.
8.2. Personal non-property rights of the author to all graphic design elements made by the Contractor within the framework of of this Agreement belong to the Contractor.
8.3. The Customer grants the Contractor the right to use of the Customer's name and logo in the list of customers on the site Contractor.
8.4. The performer has the right to use the name Customer, logo and description of the services performed, as well as visual the appearance of the layout for all information-representative, printing, advertising and other materials of the Contractor.
8.5. The contractor has the right, if necessary involve third parties for the provision of work.
8.6. Name and numbering of articles of this Offer given for ease of reading and are not relevant for interpretation of these Terms.
8.7. In the event that any paragraph of these Terms will not be subject to literal execution, it is interpreted in in accordance with the current legislation of Ukraine, taking into account the primary interests of the Parties, while the rest of the Terms continue operate to the fullest.
8.8. These Terms have been drafted in accordance with Civil Code of Ukraine.
8.9. By accepting the terms of this agreement, the Customer respectively to the Law of Ukraine "On the Protection of Personal Data" dated 06/01/2010 No. 2297-VI voluntarily provides the Contractor with its consent to automated, as well as without the use of funds automation of processing (including collection, accumulation, storage and use of personal data. More about usage personal data is described on the Contractor's website at https://abozhenko.com/privacy-policy.

9. The procedure for unilateral termination of the contract

9.1. The Contractor has the right to out-of-court terminate this Agreement unilaterally and terminate work under the Contract in case of:
  • The customer violates the requirements of the legislation of Ukraine when carrying out its activities;
  • The customer violates the rights of third parties in the field of copyright, consumer, civil and other legislation Ukraine;
  • Claims of third parties have been brought against the Contractor in terms of violation by the Customer of their rights;
  • The Customer's debt to the Contractor is more than 780 UAH;
  • The requirements of representatives are presented to the Contractor government and/or law enforcement agencies about suspension of works to the Customer;
  • The customer requires the contractor to make changes outside the terms tariff for the provision of services that were not previously agreed, and also amend the already approved between the Parties materials;
  • Inaction on the part of the Customer within seven calendar days (ignoring phone calls, emails, messages in instant messengers, etc.);
  • Unreasonably long, delay in approval or adjustment of the layout exceeding more than seven calendar days;
  • Privacy violation.
  • Disrespect, boorish attitude on the part of the Customer, staff the Customer or persons representing his Contractor and his employees, through the use of profanity and degrading words when speaking and addressing Contractor, his employees, through communication through email, phone calls, instant messengers, etc.
9.2. In case of unilateral termination of the contract due to one of the conditions specified in clause 10.1. Contracts paid for The customer does not return the funds and counts Contractor as payment for the terminations carried out by the time of termination work contracts.
9.3. In case of unilateral termination of the contract due to one of the conditions specified in clause 10.1. The contractor directs To the customer via e-mail or messenger message about termination of an agreement.
9.4. From the moment of sending the notice of termination of the agreement to the e-mail address of the Customer, the Agreement is considered broken, and all obligations of the Contractor to the Customer terminated except for copyright.
9.5. The customer has the right at any stage of execution of this Agreement, notify the Contractor using electronic mail about termination of this Agreement, in which case monetary funds paid by the Customer are not returned and are counted by the Contractor as payment for the terminations made by the time of termination Work contracts.