logo-webmastera-mini-big
logo-webmastera-mini

Public contract and rules

1. Public is a contract in which one party – an entrepreneur has taken the responsibility to sell goods, perform work or provide services to anyone who will contact it (retail, transportation by public transport, communication services, medical, hotel , banking, etc.).
2. The terms of a public contract shall be set identical for all consumers, except for those who are provided with appropriate privileges under the law.
3. An entrepreneur has no right to favor one consumer to another in order to conclude a public contract, unless otherwise provided by law.
4. The entrepreneur has no right to refuse to conclude a public contract if he has the opportunity to provide the consumer with the relevant goods (works, services).
In case of unreasonable refusal of the entrepreneur from the conclusion of a public contract, he shall compensate losses caused to the consumer by such a refusal.
5. Acts of civil law may establish rules that are binding on the parties in the conclusion and execution of a public contract.

6. The terms of a public contract that contradict part two of this article and the rules binding on the parties when entering into and executing a public contract are null and void.

1.2.1. Confirmation of complete and unconditional acceptance of a public offer is the commission by the customer of payment for ordered Services, which indicates acceptance of the public offer.

1.2.2. The Contract is deemed concluded without its subsequent signing from the moment of receipt by the Contractor of the payment, the Customer of the ordered Services or other actions stipulated by the Agreement, indicating the consent to comply with the terms of the Agreement, without the signing of a written copy by the Parties.

1.2.3. The Customer agrees to comply with the terms of the Agreement and agrees to receive the Services in accordance with the terms and conditions established by the Contractor for the payment of the ordered Services.

1.2.4. When concluding the Agreement, the Customer automatically agrees with the full and unconditional acceptance by the Customer of the provisions of the Agreement, Tariffs and all annexes, which is an integral part of the Contract.

6. The subject of the contract, what exactly you offer to potential clients, and the Customer to accept and pay for such services, under the terms of this Agreement.

7. Cost of goods / services / performance of works – a link to the page.

8. The order of the provision of services / performance of work / delivery (sale) of goods: the volume, specific type of service / work (the range of goods, the volume of which is determined by the buyer’s choice and describe how this should take place on your site) is indicated;

9. The order of delivery, reception of claims (claims) on quality, completeness of goods or quality of services / performance of works, the order of return of funds, etc .;
10. Rights and obligations of the parties;

11. Guarantee period – for goods, or service, technical support – for services / works.

12. Responsibility – yours, as an executor and client, in case of violation of the terms of this contract.

13. The term of the contract, the procedure for making amendments and additions to the Agreement.

14. The procedure for processing personal data of the Customer obtained as a result of the implementation of the public contract.

14. Requisites of the Performer.

Public contract-offer ____________

about providing services for creating a website

1. GENERAL PROVISIONS

1.1. The following information is an official offer (a public offer) for any legal entity or individual to enter into a contract to provide services for the creation of a website. The said agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers.

1.2. According to Art. 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of a public contract is the fact that the Customer makes payment to the executor’s current account.

1.3. The Performer’s site is located at https://webmastera.studio/offer.

1.4. The number of the contract is the Customer’s identification number.

1.5. When concluding the Contract, the Customer confirms that it is fully acquainted and agrees to its terms, as well as, if the Customer is an individual, gives permission to process the Contractor’s personal data in order to fulfill the conditions of this Agreement, the possibility of mutual settlements, and also for receiving invoices, certificates and other documents. The permission to process personal data is valid throughout the term of the Agreement, as well as within the next five years after its expiry. The destruction of personal data is the reason for the termination of the agreement and is executed on the basis of a written (paper) statement of the customer. In such a case, the agreement shall be terminated from the date indicated in the respective Report of the Contractor. In addition, by concluding this Agreement, the Customer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, on the purposes of data collection, and also that his personal data is being transferred to FOP Grebenik Yuri Valerievich in order to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as for receiving invoices, certificates and other documents.

2. SUBJECT OF THE AGREEMENT

2.1 The Contractor undertakes to perform work on the creation of a website in accordance with the Terms of Reference approved by the Parties and executed in the form of Annex No. 1 to this Agreement (hereinafter TK), and the Customer undertakes to accept and pay for the work done in a timely manner. TK is approved by the parties by its signing.

2.1.1. In case of accepting the following conditions and making a subscription in the amount of 50% of the total cost of the services within 1 business day from the moment of familiarization with the contract and the signing of the TOR, the legal entity or individual that accepts the acceptance of this offer becomes the Client. An agreement concluded by the Customer by acceptance (acceptance) of this public offer, is legally valid in accordance with Article 644 of the Civil Code of Ukraine and is equivalent to an agreement signed between FOP Grebenik Yuri Valerievich and the “Client”.

2.2. Works under this Agreement, the price of which is less than UAH 3,000 (three thousand), may be executed without changes to the TOR. Payment by the Customer of the account for such work is confirmation of the agreement of the types, prices and volumes of these works. These works are signed by a separate act of acceptance of works on the fact of their execution.

2.3. The Customer undertakes to provide the conditions and provide the information, documents necessary for the Contractor, necessary for fulfillment of their last obligations.

2.4. The Executor undertakes to transfer to the Customer the exclusive property rights to use the intellectual property objects specified in Article 12 of this Agreement on the terms of alienation in full, if such are created as a result of work to create a website. Rights are transferred without limitation of territory. The Executor’s remuneration for the transfer (alienation) of the exclusive right to use intellectual property objects is included in the price of work under the Contract. The transfer of exclusive property rights to the use of intellectual property objects is carried out by signing an act of acceptance of works.

3. TERMS OF PERFORMANCE AND PROCEDURE OF GOOD-ACCEPTANCE OF WORKS

3.1. The beginning of work on the creation of a website is carried out the next business day after the Contractor has received the advance payment stipulated in clause 6.4.1 of this Agreement and fulfillment of the requirements of subsection 5.1 by the Customer. of this Agreement.

3.2. The name, content and timing of the stages of the work on the creation of the website may be changed only by signing the respective Supplementary Agreements to this Agreement by the Parties.

3.3. The content and timing of the stages of the website creation work may only be changed by signing by the Parties, corresponding to the Additional Agreements to this Agreement.

3.4. The order of acceptance of the performed works:

3.4.1. The final delivery and acceptance of works is carried out at the signing of the act of acceptance of the works performed.

3.4.2. Upon completion of the work under this agreement and / or the stage (several stages of works) stipulated in the TOR, the Contractor shall transmit the results of these works to the Customer together with the relevant act of acceptance of the work performed, by means of electronic communications on electronic ones, as specified in the TOR.

3.4.3. The customer accepts transmitted work within the timeframe stipulated in the TOR, by signing the relevant act of acceptance of the works performed and transmitting a copy of this act by electronic means of scanning, which are almost specified in the TOR.

3.4.4. In the event that the Customer does not agree with the results of the works performed by the Contractor, then, in the time allowed for acceptance by the Customer of works at the appropriate stage and provided for in the TOR of this Agreement, he shall send written comments and wishes to the Contractor on adjusting the results of the Performer’s work performed.

3.4.5. All comments and wishes of the Customer, to this Agreement, shall not go beyond the approved TOR.

3.4.6. In case of receipt of comments and wishes of the Customer stipulated in clause 3.4.5. of this Agreement, the Contractor shall make changes in the performed work and provide the second result of the performed work to the Customer within the terms specified in the TK from the moment of receipt of the comments and wishes from the Customer.

3.4.7. In case if the Executor does not have the technical possibility to make corresponding corrections to the results of the performed works within the terms defined by the TOR, he shall notify the Customer in writing with the obligatory indication of the reasons for the increase of the terms and indicate the term necessary for the completion of the work. The terms of performance of work in this case increase by the time specified by the Contractor in such a written communication.

3.4.8. After completing the repeat work in connection with the wishes or remarks of the Customer in the order of pp 3.4.3. – 3.4.6. of this Agreement, the Contractor shall transmit, and the Customer shall accept the results of these works in accordance with clause 3.4.1. – 3.4.4. this Agreement and in the time allowed for acceptance by the Customer of work for the relevant stage of the TOR.

3.4.9. In the event that the Customer does not recruit again, the Contractor has the right to unilaterally terminate the Agreement or continues on the stage to which the Customer has comments and wishes, before the last such work is received. The cost of further work on the creation of the website is discussed further, and separately specified in the relevant Additional Agreement.

3.5. In case, if the Customer, within the terms stipulated in the TOR, does not sign the Contractor’s Delivery and Acceptance Act (final) provided to him, and does not provide written comments and wishes regarding the correction of the results of the Performer’s work, then such an Act shall be signed by the Contractor unilaterally, is considered to be properly executed, and the works are considered accepted and payable.

3.6. Unless otherwise specified in the Annex to the Agreement, the Customer has the right to terminate the Contract at any time until the completion of the work by the Executor, by writing in writing the Contractor within 7 (seven) calendar days prior to the date of termination of the Agreement.

3.7. Upon termination of the Contract, the Customer is obliged to accept and pay for the actual performance by the Contractor of work not later than within 2 (two) days prior to the date of termination of the Agreement. In case of violation of this term, the Contract is considered valid until the Customer fulfills its obligation to pay for the performed work.

3.8. Upon termination of the Agreement in the manner prescribed by clause 3.6. this Agreement, the Customer has made advance payment in accordance with clause 6.4.1. this Agreement is not returned. This amount is a reward for the Performer’s job of selecting and configuring the site template needed to complete the work.

3.9. All requirements for completions and wishes for the options of works are sent by e-mail with possible duplication in writing.

3.10. The time required by the Customer to approve the results of work is not included in the general period of development of the website.

3.11. In case of late payment in accordance with clause 6.4. this Agreement and / or providing information in accordance with paragraph 5.1. this Agreement, the coordination of stages of work in time, TK, payment for services of third parties that affect the performance of the Contractor’s obligations, or other failure of the Customer or its counterparties to the Customer’s obligations stipulated in the Agreement, as well as in the Supplements and Additional agreements to it , The Executor has the right to unilaterally postpone all terms of performance of works (provision of services) without any agreement with the Customer. Terms of work in the TK, in this case, increase at the time of execution by the Customer of his obligations and for the time required by the Contractor for the restoration of work.

3.12. In the presence of technical capabilities, in accordance with the current legislation of Ukraine on electronic documents, electronic document circulation and electronic digital signature, the Acceptance-Transfer Service may be provided to the Customer electronically, with the imposition of an electronic digital signature of the authorized person and the seal.

3.13. By accepting the acceptance of this Offer, the User also agreed that in the case of using an electronic digital signature in the document circulation within the framework of the implementation of this Offer, the Parties agreed to use such an electronic digital signature in accordance with the procedure and under the conditions stipulated by the current legislation.

4. OBLIGATORY OBLIGATIONS

4.1. The Contractor undertakes to perform the work in accordance with this Agreement, the appendices and additional agreements to it in a qualitative manner.

4.2. The Executor undertakes to observe the deadlines for implementation of the steps for the creation of the website specified in the TOR.

4.3. An Executor begins to render services on the next stage specified in the TOR, only after the Customer has received the work on the previous stage.

4.4. The Contractor shall, at the request of the Customer, be obliged to inform the latter about the progress of the work (within a maximum of 3 working days from the moment of the request).

4.5. The Contractor shall transmit the results of the performed work, after signing the final act of acceptance of the performed work in the manner prescribed by clause 4.3., 3.6. this Agreement, as well as after full payment of works. The keys are transmitted to the customer (access codes), technical documentation and the site is transferred to the domain and hosting of the Customer.

4.6. The Executor is obliged to transfer the Customer’s site to the permanent hosting, recommended by the Executor during the term stipulated by the Parties, after signing the act of acceptance of the performed work. In case if the Customer is not satisfied with the permanent hosting, recommended by the Executor, the price of the transfer is stipulated in the relevant Supplementary Agreement to this Agreement.

4.7. The transfer of the site to the permanent hosting, offered by the Customer, filling the site with the information, as well as any additional work not specified in the TOR, are issued as an Annex to this Agreement, are additionally paid by the Client and executed by the Contractor upon signing the final act of acceptance of works performed for this Agreement, as well as after additional payment by the Customer.

4.8. An Executor has the right to engage third parties in execution of the Contract without additional agreement with the Customer.

5. DUTIES OF THE CUSTOMER

5.1. The Customer undertakes, at the request of the Contractor, to provide the necessary materials and information for the performance of work that does not contradict the current legislation of Ukraine, before the beginning of work (prototyping of the site, can only be started after the receipt of these materials):

● materials needed to develop site prototypes:

– Access to domain management, if it is registered by the customer;

– brand-book or individual elements of the corporate style (if available

such as the Customer) – the logo in the format * .cdr, * .psd and the corporate font;

– photos and other graphic images in formats * .jpg, * .gif, * .bmp,

* .cdr, * .psd;

– Any other textual and graphic information, registered in the TK, provided by the customer in a ready-to-install form in electronic form;

– news or articles and other information, signed in the TK which is provided by the customer in a ready-to-install form in electronic form. Texts in * .doc, * .odt, * .xls formatted tables.

5.1.1. In the term not later than 7 working days from the moment of signing of this Agreement – other informational materials, including:

– the texts of all major sections of the site in the format * .doc, * .odt, spreadsheets in format * .xls, and other text and graphic elements and materials described in the TOR.

5.1.2. In case the Customer fails to comply with the requirements of 5.1.1. this Agreement in full, the result of work is transferred to the Customer without filling and placing on the working hosting platform and domain name. Performer’s works are considered fulfilled and payable by the Customer in full.

5.2. The customer timely approves the stages of work listed in the telecommunication company and sends the signed Act to the Contractor, with a seal (if any) and signature.

5.3. The Customer timely pays the work of the Contractor in the amount and terms provided for in Section 6 of this Agreement.

5.4. The Customer has no right to demand from the Contractor the execution of additional works, which:

● Not foreseen in the TK (Appendix No. 1 to this Agreement);

● Contrary to the results of work on completed stages, according to TK.

● Contrary to the features of the selected template.

5.5 Additional work is carried out as necessary and paid by the Customer separately. Additional works are agreed upon and executed in writing, as an Additional Agreement to this Agreement and / or as an addendum to the TOR, to be signed by both Parties.

5.6. The Customer is obliged to transfer the information necessary for the execution of works to the Performer by e-mail and / or with the help of other electronic media of information in files format agreed upon with the Contractor.

5.7. The fact of transferring the Customer to the Executor of the information specified in clause 5.1. (Together with the sub-clauses) of this Agreement shall be issued by the Parties pursuant to the relevant Acceptance-Transfer Act. This information can be transmitted by e-mail and confirms the fact of the transfer or not.

5.8. The Customer undertakes not to disclose any information of the Contractor obtained during the cooperation under this Agreement without the written consent of the Contractor, except for the cases stipulated by the current legislation of Ukraine.

5.9. The customer has the right to check the progress and quality of work performed by the Executor, without hindering the implementation of economic activities.

6. PRICE OF WORK, PROCEDURE AND TERMS OF CALCULATIONS

6.1. At the time of signing this Contract, the total cost of works is the sum of prices for successive stages of the site (performance of works), determined on the basis and recorded in the TOR.

6.3. The price may be changed only upon written agreement of the Parties, by signing the relevant Supplementary Agreements to this Agreement.

6.4. The payment procedure for website creation is divided into 2 stages:

6.4.1. Prepayment in the amount of 50% of the total cost of works stipulated in clauses 6.1 and TK.

this Agreement, within 1 (one) business day after the signing of this Agreement.

6.4.2. 50% of the price of works stipulated in clause 6.1. this Agreement before the start of work on stage 3.

6.5. An Executor has the right to terminate this Agreement unilaterally in case of violation by the Customer of the terms of payments calculated by this Agreement and the Appendices thereto in more than 5 (five) banking days.

6.6. In case of impossibility of performance of work, due to the fact that it arose from the fault of the Customer, the services are subject to payment in the amount actually performed by the Contractor. Prepayment, provided in clause 6.4.1. this Agreement shall not be returned.

7. CONFIDENTIALITY

7.1. The Parties recognize any information concerning the conclusion and content of this Agreement, including any annexes and additions to it, commercial secrets and undertake to strictly preserve the confidential nature of such information without disclosing it to third parties without the prior written consent of the other Parties, except as necessary for the purposes of this Agreement or for disclosure to the relevant state authorities in cases stipulated by law. This provision does not apply to publicly available or publicly available information.

7.2. An Executor is obligated not to allow the documents of persons who do not have the appropriate powers to do so in connection with the implementation of this Agreement.

7.3. In the framework of this Agreement, the Parties shall transmit to each other confidential information, including personal data of third parties. The Parties undertake not to use this confidential information in order to try to hire specialists of another Party directly involved in the provision of services (performance of works) during the term of the Agreement, as well as within 2 (two) years after its termination. Need clarification from this item.

8. RESPONSIBILITY OF THE PARTIES

8.1. The Parties are liable in accordance with the current legislation of Ukraine and this Agreement.

8.2. The customer guarantees that the information provided in accordance with the terms of this Agreement is not burdened with the requirements of third parties that the customer owns the exclusive rights to the information materials and / or possesses all necessary permissions from the authors and other right holders regarding the objects of intellectual property and objects , which are part of the works, as well as the original works (in case the work is processed and / or translated), such permissions in no way should restrict the rights of the Performer or complicate the use of the work of the Licenses vtsem under this Agreement.

8.3. The Contractor shall guarantee the timely and timely delivery of the works provided for in this Agreement to the Customer for access to the results of works subject to fulfillment by the Customer of obligations in relation to the Contractor in accordance with the terms of this Agreement.

8.4. In case of submission to the Performer of claims or claims regarding violation of its copyright and / or related rights of third parties in connection with the use of information materials provided by the Customer in compliance with the terms of this Agreement, the Customer agrees to settle such claims or to take other necessary measures that prevent the occurrence of costs and losses from the Executor. And in case of expenses and losses to the Contractor, to compensate them in full.

8.5. In case of submission of claims or claims to the Customer regarding violation of its copyright and / or related rights of third parties in connection with the use of information materials that were not transferred by the Customer to the Contractor in the order of fulfillment of their obligations under this Agreement, presented on the site, The Executor undertakes to settle such claims or to take other necessary measures, which exclude the occurrence of costs and losses from the Customer. In case of incurred expenses and losses to the Customer, the Contractor undertakes to reimburse them in full.

8.6. The Customer, in case of violation of his copyright and / or related rights of the Contractor, is responsible for each violation of the full extent provided for by the legislation of Ukraine.

8.7. The Contractor, in case of violation of his / her copyright and / or related rights of the Customer, shall be responsible for every violation of the violation as provided by the legislation of Ukraine.

8.8. If the Contractor violates the deadline for delivery of the site in accordance with Section 3 of this Agreement due to the fault of the latter, the Contractor pays a penalty in the amount of 0.1 (zero to one tenth) percent of the cost of work in accordance with the TOR for each day of delay, but not more than 5% of the total cost of work.

8.9. In case of violation by the Customer of payment of works within the time limits established by this Agreement, or agreement on the stages of work under this contract, the Customer pays the Contractor a penalty in the amount of 0.1 (zero one tenth) percent of the total price of works for each day of delay, but no more than 5 % of total cost of work.

8.10 The Executor is not responsible for the quality of communication lines, software, and computers provided by other organizations.

8.11. The Parties shall not be liable for damages, including lost profits, from the other Party that arose and / or may arise if the terms of this Agreement are not properly implemented.

8.12. All disputes are resolved through negotiations between the parties.

8.13. In the event that the parties can not reach an agreement by negotiation, the disputes are settled in court in accordance with the legislation of Ukraine.

9. GUARANTEE OF THE EXECUTOR

9.1. The Contractor guarantees the quality of the services rendered in accordance with the TK during (one) calendar month (warranty period) from the moment of the completion of the works and the date of signing the completed work of the contract under this Agreement.

9.2. An Executor has the right to give a guarantee obligation, which differs from the requirements of clause 9.1. of this Agreement, or declare the termination of the warranty issued by them in one of the following cases:

9.2.1. If the disruption of the site was not due to the fault of the Performer.

9.2.2. For interference in the work of the site on the part of the Customer in any way, except access provided by the Executor.

9.2.3. In case of violation of the site’s working capacity by the Customer or third parties who have access to the site or hosting of the Customer without the knowledge or fault of the Contractor (including infection by a virus or an evil resulting from the use by third parties of the vulnerabilities of the site management system).

9.2.4. If the Customer has not provided full access to the Provider’s hosting provider account to the Executor, with subsequent restrictions of access rights.

9.2.5. When processing the codes or site design by the Customer or a third party.

9.2.6. Modifications to the CMS modules, including modifying the modules for correct (pre-installed by the Executor) modules, installing third-party modules that are not in agreement with the Executor.

9.2.7. To change hosting settings, including access (FTP, SSH, MySQL, hosting control panel, domain management, NS-server management).

9.2.8. The selected template does not support the required change or module.

9.3 In order to present claims to the quality of services rendered by the Executor during the warranty period of operation of the site, the Customer is obliged to immediately notify the Contractor by e-mail. The Executor undertakes to consider claims to the quality provided by the Executor within 3 business days from the date of their receipt. If the claims to the quality provided by the Contractor comply with the requirements specified in clause 9.1 of this Agreement, the Contractor shall draw up an Act defining the defects and the arrangement procedure and the period for their elimination.

9.4. The Executor is obliged to fulfill all the warranty obligations specified in clause 9.1. of this Agreement at its own expense. After fulfilling the warranty obligations, the Customer signs an Act of accepted work on the elimination of defects.

9.5 Upon completion of the warranty period specified in clause 9.1. this Contract, the Contractor has the right to refuse to remove any defects on the site free of charge. The Customer may conclude with the Contractor a technical support agreement for the site.

10. TERM OF ACTION OF THE CONTRACT

10.1. This Agreement enters into force from the moment of familiarization with its conditions on the Website of the Contractor and fulfillment of the conditions of item 2.1.1. The Agreement, and it operates until the Parties fully fulfill their obligations.

10.2 The agreement may be terminated early by mutual agreement of the parties by written notice not less than 7 working days. In the event that the Agreement breaks down to the completion of work on the TOR, mutual settlements shall be made on the basis of the actual work performed in the course of implementation of this Agreement. The amount of money deposited as an advance payment is not refundable.

10.3 The agreement may be terminated prematurely by either party unilaterally, in the absence of disputes between parties and arrears. In this case, the party initiating the termination of the Agreement must notify the other party in writing not less than 7 (seven) working days before the date of termination of the Agreement.

11. FORS – MAJOR

11.1 The Parties shall be released from liability for partial or complete non-fulfillment of their obligations under this Agreement, if such non-compliance has become a consequence of force majeure circumstances.

11.2. Under force majeure circumstances, this Treaty should be understood to mean any circumstances of external origin that arose without the fault of the Parties, beyond their will, and could not be foreseen or avoided, including:

• circumstances of force majeure, that is natural phenomena of a natural nature (earthquakes, floods, hurricanes, destruction due to lightning, etc.);

• Disasters of technogenic and anthropogenic origin (explosions, fires, failure of machines, equipment, Internet, accidents);

• circumstances of public life (threat of war, armed conflict or serious threat to such a conflict, including, but not limited to, hostile attacks, blockades, military embargoes, acts of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, the actions of a social enemy, indignation, acts of terrorism, sabotage, piracy, riots, invasion, revolution, rebellion, insurrection, mass riots, limitation of curfew, expropriation, forcible seizure, seizure of requisitions, public demonstrations , blockade, strike, unlawful actions of third parties);

• publication of acts of state authorities or local self-government, other lawful or illegal actions of said bodies that make it impossible for the Parties to fulfill their obligations under this Agreement or impede such fulfillment.

11.3. A party that is not able to properly fulfill its obligations under this Agreement as a result of force majeure shall, within 15 calendar days from the writing of such circumstances, in writing notify the other Party of such circumstances, otherwise it shall be deprived of the right to refer to such circumstance.

11.4 If force majeure circumstances are valid for 3 (three) consecutive months, this Agreement may be terminated by the Customer or the Executor by sending a written notice to the other Party.

11.5 The existence of force majeure circumstances must be confirmed by the competent authority – the local chamber of commerce and industry.

12. THE RIGHT OF INTELLECTUAL PROPERTY

12.1. If as a result of performance of works (rendering of services) under this Agreement and its appendices, the Performer will create the results of intellectual activity (hereinafter – “Results”), the Contractor undertakes to transfer the exclusive right to the Client to the specified Results of work on the terms of alienation in full. Rights are transferred without limitation of territory and validity period. The Executor’s remuneration for the transfer (alienation) of the exclusive right to use the Results is included in the cost of works under the Contract.

12.2. The Contractor and other natural persons who participated in the execution of works on behalf of the Contractor shall have the right to be called the author of the results created under the Contract. No other person, including the Customer, can be called the author of the Results data. When using the Results, the Customer has the right not to specify the authors of the Results.

12.3. The Executor reserves the right to place a hypertext link to its site at the bottom of the website developed, which is a line: “Creating a web-studio Webmastera” or its modification for the whole period of validity (protection) of copyright, provided by the current legislation of Ukraine. In the event of a substantial change in the appearance of the site by the Customer, the Contractor has the right to request the withdrawal of this link, and the Customer is obliged to satisfy the Executor’s request.

12.4 In case of refusal to provide the information specified in clause 5.1. of this Agreement, the Customer shall compensate the Performer for 10% of the cost of the work specified in clause 6.1. of this Agreement.

12.5 The Customer grants the Contractor the right to use the name of the Customer in the official lists of organizations for which the Contractor is a contractor in the form in which the given Trademark of the Customer is placed on the Customer’s site and gives the Contractor the right to announce the interim results of the works and the results of all works under this agreement.

13. OTHER CONDITIONS

13.1. All amendments and additions to this Agreement are agreed by the parties, signed, executed in the form of the Supplements and Additional agreements to this Agreement.

13.2. The price of work on the development of the site is not included (unless otherwise specified in the Supplementary Agreement to the contract):

13.2.1.Visvvv site to the first position in the issuance of search engines (such as Google, Yandex, etc.).

13.2.2.Internal SEO optimization of the site (preparation and placing on the site seo keywords, descriptions, etc.) or the placement of contextual advertising.

13.2.3.Design registration of letters that come to users of the site (confirmation letters, registration confirmation, template letters for newsletters, etc.).

13.2.4.Registration and management of groups (profiles) in social networks.

13.2.5.Payment of the domain name or the customer’s hosting (control of the balance and terms the Customer performs independently).

13.2.6.Purchase or renewal of CMS licenses, modules, plug-ins, templates, images, fonts.

13.2.7.Preparation and filling of the site with content (texts of pages, images, banners).

13.2.8. Development or connection of additional software models or graphic elements that were not described in the prototype or design of page layouts.

13.2.9.Development of the logo or other elements of the corporate style (business cards, leaflets, letterheads, etc.).

13.2.10. Adaptation and ensuring the correct functioning of modules or elements of the site (fonts, animation, calculators, etc.), which were developed for the Customer by third parties.

13.2.11. Customizing the Customer Server.

13.2.12. Repossessing the site to another hosting and domain name binding.

13.2.13. Control over observance of deadlines for provision of materials by the Customer or approval of intermediate stages of work.

13.2.14. Control over terms and quality of work of third parties, attracted by the Customer (designers, photographers, copywriters, etc.).

13.2.15. Update site content (downloading additional photos or replacing current product photos, downloading additional descriptions, features, etc.).

13.2.16. Revision of design elements and functional modules of the site after their written approval by the Customer.

13.3 All features of realization of works, essential for the Customer, should be explicitly reflected in the TOR. If the TK does not discuss any requirements of the Customer, then the form of their implementation remains at the discretion of the Contractor and can not be a reason for refusal to accept the work performed.

13.4 Correspondence by e-mail between the Customer and the Contractor within the framework of this Agreement is an official correspondence, confirming the process of work produced under this Agreement. In the event of a dispute under this Agreement and the impossibility of its settlement by peaceful means, correspondence by electronic mail may be used as an official confirmation of the work performed.

Any correspondence, including the Customer’s requests and the Performer’s reply, shall be deemed to be made at the same time at the following email addresses with the message of reading or posting the postal service of delivery of the letter:

● e-mail addresses of the Performer’s responsible representative: vipmastera@gmail.com

● Head of the Artist: – Grebenik Yu.V.

13.5 The Parties agreed to use the electronic digital signature (hereinafter – EDS) in the document circulation within the framework of the implementation of the Agreement, including the preparation of primary documents. The Parties agreed to use such an electronic digital signature in the order and on the terms and conditions stipulated by the Law of Ukraine “On Electronic Digital Signature”.

The parties agreed that annexes, additional agreements to the Agreement, which are an integral part of the Agreement, as well as primary documents for its execution, may be electronically drawn up by the Parties, in compliance with the legislation on electronic documents and electronic document circulation and legislation in the field of digital signature, or in paper form. If such documents are electronically drawn up and signed using an electronic digital signature, the use of the seal by the Parties is not necessary.

13.6 Information and / or documents will be duly transmitted by the Party by e-mail on the date and time when the confirmation of read or delivery is delivered to any of the addressees specified in paragraph 13.4 of the other Party. In the absence of evidence of falsification – correspondence by electronic mail is considered an official document.

13.7. This Agreement is drawn up in Ukrainian in two (two) copies, which have the same legal force, one copy for each of the Parties.

DETAILS Performer

FOP GREBENIK YURI VALLERIOVICH

Eden Code 2966903950

Place of registration: 17100, Chernihiv region, Nosiv district, the city Nosivka, VULTSYA ZARICHNA, house 24

P / p: 26000053019646 in KIEV GRAND PJSC CB “PRIVATBANK”, M.KIYV,

MFI 321842

Single tax payer 3 group 5%.

Tel. +38 (067) 201-48-48

Public contract-offer ____________

about providing web hosting services

1. GENERAL PROVISIONS

1.1. The following information is an official offer (a public offer) for any legal entity or individual to enter into a web hosting service agreement. The said agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers.

1.2. According to Art. 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of a public contract is the fact that the Customer makes payment to the executor’s current account.

1.3. The Performer’s site is located at https://webmastera.studio.

1.4. The number of the contract is the Customer’s identification number.

1.5. When concluding the Contract, the Customer confirms that it is fully acquainted and agrees to its terms, as well as, if the Customer is an individual, gives permission to process the Contractor’s personal data in order to fulfill the conditions of this Agreement, the possibility of mutual settlements, and also for receiving invoices, certificates and other documents. The permission to process personal data is valid throughout the term of the Agreement, as well as within the next five years after its expiry. The destruction of personal data is the reason for the termination of the agreement and is executed on the basis of a written (paper) statement of the customer. In such a case, the agreement shall be terminated from the date indicated in the respective Report of the Contractor. In addition, by concluding this Agreement, the Customer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, on the purposes of data collection, and also that his personal data is being transferred to FOP Grebenik Yuri Valerievich in order to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as for receiving invoices, certificates and other documents.

2. SUBJECT OF THE AGREEMENT

2. Subject of the contract

2.1. In accordance with this Agreement, the Contractor undertakes to provide the Customer with the Web Hosting Service in accordance with the tariff chosen by the Customer. The list of tariffs and their costs are published on the Performer’s website at the following link: https://webmastera.studio/nashi-tsen//.

2.2. The Customer agrees to pay the Services he has selected in accordance with the tariffs specified on the Website of the Contractor.

2.3. The service does not include the ability to receive / transmit electronic messages at the Performer’s office, to configure or diagnose a PC, modem, and Customer software, training on Internet skills and using a personal computer.

3. The cost of the Services and the procedure for settlements

3.1. The cost of the Services provided to the Customer under this Agreement shall be indicated on the Website of the Performer at the following link: https://webmastera.studio.

3.2. The Contractor provides the Customer with an e-mail or other electronic channels for subscribing to the Services not less than 5 calendar days before the end of the settlement period. The customer pays the account by transferring funds to the account of the Executor. In case of full or partial non-payment within the specified time period, the Contractor has the right to suspend the provision of the Services to receive full payment of services. The customer has the right to pay hosting services within 7 days after the suspension of services. If the customer has not paid the service within 7 days after the suspension of services, the performer has the right to delete all customer data from the server. In case of request of the customer after the removal of the data with the request to resume the site or take a backup (backup copy) of the site, the customer pays for a backup fee of $ 1,000, and in case of restoration of the site also hosting service for 1 year.

3.3. The contact address (e-mail) is the address indicated by the Customer when making an order on the Performer’s site. The customer is solely responsible for the correctness of the e-mail address and its ability to work.

3.4. Payment of services is carried out in the national currency of Ukraine in the form of prepayment. The minimum order period is 12 (twelve) months.

3.5. The customer is solely responsible for the correctness and timeliness of payments made by him for services rendered by the executor under the contract.

3.6. All Banking commission expenses for the Payment of the Performer’s accounts are paid by the Customer.

3.7. Upon changing the requisites of the Contractor, from the moment the new information is communicated via e-mail and / or publication on the Performer’s website (https://webmastera.studio), the Customer is solely responsible for the payments made on the old details.

3.8. When registering a payment document in the section “Appointment of payment”, the number of the invoice received by the Customer must be indicated. In the absence of an account number in a payment document, the Contractor does not guarantee the receipt of the amount received as payment for the services performed.

3.9. The Contractor may change the rates for the provision of the Services. New tariffs are brought to the attention of the Customer by posting on the Performer’s website and / or sending to the Contact E-mail address of the message. The Customer may not agree with such an increase and terminate the Agreement, which must inform the Contractor within 10 calendar days from the date of publication on the site or receipt of the notice. The absence of the Customer’s response to the tariff announcement means that he agrees with the new tariffs and all payment obligations. Reduction of tariffs for the Services is carried out by the Contractor without prior notice.

3.10. The fulfillment of the Services is confirmed by the Acceptance-Transfer Service (performed work), which the Customer undertakes to sign within 10 calendar days from the moment the Act is received from the Contractor.

3.11. The parties have agreed that due to the specificity of the Services rendered to the Customer, the Services are deemed to be provided from the moment the Customer receives the login address and password for using the Services. In case of making a payment for the next period by the Customer, the services are considered to be provided from the moment of change in the period of service activity in the order system. If the Customer has claims to the Services rendered, he sends claims to the Artist’s mailing address or to the Artist’s e-mail address no later than one day after receipt of the Acceptance-Transfer Service (performed work). The Services are deemed to have been executed properly if the Customer has not received the claim within 30 calendar days from the moment the Services are rendered.

4. Rights and obligations of the Parties

4.1. The Contractor shall:

4.1.1. To provide services in accordance with the conditions of the tariff chosen by the Customer Services.

4.1.2. At the request of the Customer, provide technical advice to the extent necessary for proper interactions in the execution of the terms of this Agreement.

4.1.3. In case of violation of the terms of this Agreement, notify the Customer by e-mail about the violations found.

4.1.4. To notify the Customer about the facts of attempts by third parties to damage the performance of the site of the Customer, if the presence of these cases requires special actions Performer.

4.1.5. Send the Customer notice after suspending the provision of the Services in the cases provided for in clause 4.3.1 of this Agreement.

4.1.6. Do not disclose or use information related to the activities of the Customer that became known to him during the execution of this Agreement.

4.2. The customer must:

4.2.1. When creating an order for the Service, provide complete and reliable information. The Executor is not liable for the consequences arising from the incorrectness of the data entered. If it is necessary to verify the identity of the Customer, provide all the data (documents) required by the Contractor for such verification.

4.2.2. Fulfill the requirements set forth in the Agreement.

4.2.3. Follow the instructions of the Executor’s specialists regarding the use of the Services and the Internet.

4.2.4. Timely payment of the Services

4.2.5. To sign the Acts of rendered services, works performed and send them to the Contractor within 10 (ten) calendar days from the moment they are received. In case of non receipt by the Contractor of a signed Act of performed work within 30 (thirty) calendar days or a motivated refusal to sign the Act, the services provided or works executed shall be deemed to comply with the requirements of the Agreement and accepted by the Customer in full, as evidenced by the Act of Performed Works signed by the Contractor.

34.2.6. Independently monitor compliance with Internet etiquette standards.

4.2.7. Do not take any deliberate or unintentional action that may lead to a violation of the functioning of the software and / or the system as a whole.

4.2.8. To comply with the requirements of the current legislation of Ukraine and international legislation, including not to place illegal materials on the site (pornography, propaganda of interethnic, interracial, interethnic hostility, terrorism, drugs, etc.), not to violate copyright, adjacent and other rights of third parties .

4.2.9. To not charge the Contractor for any claims and liability for arrears, damages, expenses and expenses, including all court costs, fees for the services of lawyers and lawyers arising as a result of court proceedings and court decisions that directly or indirectly relate to the Services Artist

4.2.10. Follow the Rules of using the services of virtual hosting and the Internet

4.3. An executor has the right:

4.3.1. Completely or partially suspend the provision of the Services in the following cases without prior warning:

in case of non-compliance by the Customer with the terms of this Agreement;

in case of repeated failure by the Customer to follow the instructions of the Contractor’s specialists regarding the use of the Services and the Internet;

if the Contractor considers any actions committed by the Customer through the Services provided to the Customer under this Agreement, which cause or may cause damage to the Contractor, to other customers, or to the normal functioning of the network.

in the event that the Customer has been disclosed in the application of unauthorized distribution (spam) in any form;

in case of violation by the Customer of the norms of etiquette of the Internet, namely the use of abusive vocabulary in a telephone conversation or in correspondence with specialists of the Contractor.

in case the provision of the Services to the Customer affects the Performer’s business reputation;

upon receipt of appropriate recommendations or requirements from employees of executive power of Ukraine in case of a finding of violation of the norms of legislation of Ukraine or international legislation.

3.3.2. The Service Provider’s Technical Support Service is not required to provide general software consultancy information, which can be obtained from the relevant user guides for this software, and is not responsible for the unprofessional and unqualified actions of the Customer or his representatives.

4.3.3. In case of excessive needs of the Customer for hardware and other provided resources, to offer the Customer a transition to another tariff, and in case of Customer’s refusal – to stop providing the Services without returning unused pre-paid funds by the Customer.

5. Responsibility of the Parties

5.1. The Contractor is not liable:

5.1.1. Failure to provide the Services if they were caused by the actions of the Customer and / or third party.

5.1.2. For any damage caused to the Customer due to the use of Services provided by the Executor, including cases when the Customer has been notified of the possibility of such damages.

5.1.3. The content and authenticity of any information that is being transmitted or received through the provision of the Services.

5.1.4. For the suitability of the Customer’s equipment and software that is used by the Customer.

5.1.5. Loss of profit and / or income, as well as indirect losses of the Customer during the period of use or non-use (full or partial) of the Contractor’s services, including cases where the Customer has been informed of the possibility of such losses.

5.1.6. For the technical condition of the network to which the Customer is connected.

5.1.7. For the content of information located on the Customer’s site.

5.1.8. For integrity, authenticity and availability of sites and data of the Customer on the Performer server.

5.1.9. For problems related to the use of unlicensed software and hardware by the Customer.

5.1.10. For unqualified Customer’s actions regarding the use of hosting.

5.1.11. For the performance of the software provided to the Customer, in the event that the Customer deliberately or unintentionally – violated their ability to work, deleted or made changes to system or service files.

5.1.12. For fitness and fitness for use of software and hardware developed by a third party.

5.2. The customer is responsible:

5.2.1. For violation of the effective legislation committed by him or a third person by using the Services provided to the Customer by the Executor.

5.2.2. For failure to comply with the terms of this Agreement.

5.2.3. For non-observance of terms and order of payment of the Services.

5.2.4. By maintaining the Service access parameters (login and password) and for losses that may be caused as a result of unauthorized use of the access options under the Services.

6. Transfer of rights and responsibilities

6.1. Each Party may transfer its rights and obligations under this Agreement in whole or in part to its successors, affiliates, subsidiaries or other persons, as the other Party must be notified in writing not less than 14 (fourteen) calendar days prior to the transfer.

7. Settlement of disputes

7.1. All disputes and differences arising from the implementation of this Agreement shall be resolved through negotiations.

7.2. In the event of failure to reach an agreement between the Parties, the dispute shall be submitted to the court for consideration within the established jurisdiction and jurisdiction in accordance with the procedure established by the current legislation of Ukraine.

8. Force – major

8.1. Neither Party shall be liable for the non-fulfillment or improper fulfillment of the terms of this Agreement if it is caused by inevitable actions in circumstances of force majeure that the Parties could not know in advance or could not foresee. Such circumstances include: fire, flood, earthquake, tsunami, tornadoes, hurricanes, typhoons, landslides, mudflows, snow avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coups, strikes, sabotage and terrorist acts, robbery, accidents in the system of energy supply and communication, changes in legislation, actions of state bodies and their officials, if these circumstances directly affect the implementation of this Agreement, and their occurrence has been certified by the Ukrainian Chamber of Commerce and Industry.

8.2. The Party that has become aware of the occurrence or approach of such circumstances shall immediately inform the other Party thereof.

8.3. Execution of this Agreement, in whole or in part, shall be suspended for the duration of such circumstances. If the effect of the force majeure circumstances lasts more than three months, the Contract shall be deemed to be terminated.

9. Term of validity and terms of termination of the Agreement

9.1. This agreement comes into force from the moment of its signing by both Parties and operates within the period for which the Customer has subscribed to the Services.

9.2. In case of execution by the Customer before the expiration of the Contract of prepayment of the Services for the next billing period, the validity of the Agreement shall be automatically extended on the same terms as specified in this Agreement.

9.3 This Agreement may be terminated:

9.3.1. On the basis of clauses 3.5, 3.10, 4.2.10, 4.3.1, 5.2.2 and 8.3

9.3.2. At the request of one of the Parties, which must be notified to the other Party at least 30 calendar days before the date of termination of the Agreement.

9.3.3. By mutual agreement of the Parties.

9.3.4. Termination of this Agreement does not relieve the Parties of responsibility for its non-fulfillment or improper performance.

9.3.5. The termination of the Agreement does not relieve the Customer of the obligation to pay the Contractor an indebtedness for the Services rendered.

9.3.6. In the case of early termination of the provision of the Services, the Customer shall receive a return of cash for full months of unused time (payment for the month during which the service was terminated is not returned), subject to the Customer’s request.

10. Information

10.1. An Executor may at any time, without obtaining a separate agreement of the Customer, include personal data received from the Customer in the relevant database of the Performer’s personal data, publish in public sources his personal data for the fulfillment of the terms of this offer and process such data in accordance with the Contractor and the law Ukraine’s goal and compliance with Ukrainian legislation.

11. Final provisions

11.1 From the moment of signing of this Agreement all preliminary agreements, agreements, concerning the subject of the Agreement, expire.

11.2. All Annexes, Additional Agreements, amendments to this Agreement, signed by the authorized representatives of both Parties, are an integral part thereof.

DETAILS Performer

FOP GREBENIK YURI VALLERIOVICH

Eden Code 2966903950

Place of registration: 17100, Chernihiv region, Nosiv district, the city Nosivka, VULTSYA ZARICHNA, house 24

P / p: 26000053019646 in KIEV GRAND PJSC CB “PRIVATBANK”, M.KIYV,

MFI 321842

Single tax payer 3 group 5%.

Tel. +38 (067) 201-48-48

1. Terms of use of the Services of the virtual hosting.

1.1. When using the Services, it is prohibited:
1.1.1. Limit the access of other users or prevent other users from using the Internet.

1.1.2. Send SPAM Unauthorized mail (spam) is unacceptable. The Customer Domain and the name of its physical server shall not act as the sender, the intermediary, and / or be the reference in electronic mail and / or e-mail of such mailings, regardless of the server through which such a mailing is made. In addition, unauthorized distribution in the SMS, ICQ, etc. is prohibited. using the Performer Services in one form or another. Any user who sends emails without a request (spam) will be immediately blocked with or without a message.

1.1.3. Send more than 20 emails from one domain in 1 hour time.

1.1.4. Publish or transmit, with the help of the Services, any information whose dissemination directly or indirectly contradicts Ukrainian law and / or International law.

1.1.5. Publish or transmit through the Services any information and software that includes computer viruses or other harmful components.

1.1.6. Use the Services to interfere with the work of the computer systems of the Contractor and / or his clients, scanning and other destructive actions, both regarding the computer networks and systems of the Contractor, and other networks and systems of the Internet.

1.1.7. Use the Services for illegal / unauthorized access to computer systems and networks of the Contractor, as well as computer systems and networks accessible by the Internet through the Internet.

1.1.8. To send, publish, transmit, reproduce or distribute through the Services any software received or any other materials that are wholly or partly protected by copyright or other rights without the consent of the owner.

1.1.9. Use personal or provided information resources (mailboxes, e-mail addresses, WWW pages, etc.) as contact coordinates for any of the above actions, regardless of which network point they were taken from.

1.1.10. For Linux hosting rates, initiate server processes that occupy more than 256 MB (VIP1), 512 MB (VIP2), 512 MB (VIP3), 512 MB (VIP5) of RAM and / or more than 5% of any from available system resources for more than 20 seconds of server time.

1.1.11. Run resident programs, demons, chat programs, open / public proxies, IRC and Jabber software and Mining software, use network scanners, password picker programs, keyloggers, spam generators within the virtual hosting account. , online game servers.

1.1.12. Place more than 200,000 files per account; The number of tables in MySQL / PostgresSQL should be no more than 1000 pieces; MySQL / PostgresSQL database size must not exceed 2 GB; save mail of no more than 1 GB per mail account.

1.1.13. For free testing (free hosting period within the site development packages), use the following software groups: Cryptanalysis, Clients or P2P nodes, clickers, traffic generators, social networking bots, distributed network clients, open / public proxies, SPAM -generators, online game servers.

In case of violation of one of the test conditions, we reserve the right to unilaterally remove all user test services.

1.2. The Contractor reserves the right to refuse to forward or remove any information or materials that violate this Agreement, the current legislation of Ukraine, and generally accepted and international etiquette rules on the Internet.

1.3. The Unlimited Traffic service is provided in a maximum of 100 GB for general hosting rates. Upon reaching or exceeding the limit, the Contractor increases the traffic limit after notification by the Customer.

2. Rules for using the Internet.

2.1. Through the services rendered by the Contractor, the Customer may use both the Services themselves and their components directly. In addition to the information and services specified in this Agreement, the Contractor does not supply or control information, services and goods that are posted or sold through the Internet.

2.2. All goods, information and services offered on the Internet are provided by third parties that are not related to the Executor (except for the services specified in this Agreement). The customer assumes full responsibility and risk of using the Services and the Internet.

2.3. The Contractor grants no warranties of any kind, direct or indirect (including, without limitation, warranties of property rights or fitness for a particular purpose) to any goods, information and services provided through the Internet by third parties. The Contractor shall not be liable for any expenses, losses or damages incurred directly or indirectly as a result of the provision of the Services.

2.4. The customer is solely responsible for the accuracy, completeness and reliability of the information located on the Customer’s site.

2.5. The customer understands that the Internet contains non-edited materials, some of which are sexually explicit or may contain offensive information for some. The Contractor does not control these materials and does not bear any responsibility for them.

Public contract and rules • Студія веб-дизайна WEBMASTERA