Services and prices
PUBLIC OFFER AGREEMENT
about the provision of services
INDIVIDUAL ENTREPRENEUR Kolesnyk Serhii Volodymyrovych, acting on the basis of the certificate of state registration of an individual entrepreneur dated 26.10.2006 No. 20730000000008895, hereinafter referred to as the "Contractor", on the one hand,
and the person who has joined this Agreement by accepting the offer to conclude this Agreement on the terms and conditions determined by the Contractor, hereinafter referred to as the "Customer", on the other hand, hereinafter collectively referred to as the "Parties", and each individually as a "Party", expressing their free will and guided by the norms of the current legislation of Ukraine, have entered into this Service Agreement (hereinafter referred to as the "Agreement") as follows:
1. GENERAL PROVISIONS
1.1. The Agreement is a public contract within the meaning of Article 633 of the Civil Code of Ukraine, and a person who accepts the offer (public offer) to conclude this Agreement (accepts) 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 terms of this Agreement.
1.2. 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.
1.3. The terms of the Agreement are the same for all individuals who have decided to accept the terms of this Agreement.
1.4. The Agreement is an adherence contract within the meaning of Article 634 of the Civil Code of Ukraine, as its terms are defined by the Contractor and can be accepted by the Customer only by adhering to the proposed Agreement as a whole. In case of disagreement with any or all provisions of this Agreement, the Agreement is not concluded.
1.5. Adherence to the Agreement is considered the payment of the Contractor's services through a non-cash transfer of funds based on the invoice issued by the Contractor, including the use of an electronic payment tool.
1.6. The Agreement is considered concluded from the date of receipt by the Contractor of payment for services made by the Customer on the terms established by this Agreement.
1.7. The Parties may agree on another way of adherence to the Agreement and determine another moment of concluding the Agreement.
1.8. The actions of the Customer specified in paragraph 1.5 of this Agreement are considered the acceptance of the Customer's offer to conclude the Agreement (acceptance) and confirm the fact of the full and unconditional acceptance by the Customer of the terms of this Agreement without any reservations or comments in accordance with Article 642 of the Civil Code of Ukraine. By accepting the Contractor's offer (public offer), the Customer agrees to all the terms of this Agreement and confirms that the content of the Agreement is understandable, and the legal consequences of its conclusion are clear.
1.9. The Agreement is an electronic agreement within the meaning of Article 3 of the Law of Ukraine "On Electronic Commerce," concluded using available information and telecommunication systems and cannot be considered invalid due to its conclusion in electronic form.
1.10. This Agreement in paper form can be provided at the request of the Customer and can also be printed by the Customer independently from the Contractor's website: https://solomono.net/uk/.
1.11. The terms used in this Agreement are used in the following meanings:
1.11.1. Public offer - the Contractor's proposal to conclude the Agreement, posted on the Contractor's website and set out by the Contractor in the terms of this Agreement, addressed to an indefinite number of individuals and legal entities;
1.11.2. Acceptance - the full, unconditional, and unreserved acceptance by the Customer of the terms of the Agreement by paying for the Contractor's services or by another method agreed upon by the Parties;
1.11.3. Customer - an individual or legal entity that receives services from the Contractor on the terms provided by the Agreement;
1.11.4. Contractor's website - a set of web pages available on the Internet under the domain name solomono.net;
1.11.5. Providers of intermediary services in the information sphere - operators (providers) of telecommunications, operators of payment infrastructure services, registrars (administrators) assigning network identifiers, and other entities providing the transmission and storage of information using information and telecommunication systems created, used, distributed under the terms of the Agreement.
1.12. The Agreement is concluded based on the proposal to conclude it (public offer) from the Contractor and its acceptance (acceptance) by the Customer.
1.13. The Contractor's public offer is set out in the terms of this Agreement.
1.14. The acceptance of the Public offer is the Customer's performance of actions specified in paragraph 1.5 of the Agreement, resulting in the conclusion of this Agreement.
1.15. By concluding the Agreement, the Customer confirms:
1.15.1. Full and complete acquaintance with the Public offer set out in the terms of this Agreement;
1.15.2. Unconditional and unreserved acceptance by the Customer of the Public offer set out in the terms of this Agreement;
1.15.3. Complete understanding of the content of its obligations under the Agreement and the legal consequences of its conclusion.
1.16. Confirmation of the conclusion of the Agreement is a receipt, check, payment order, or another settlement or cash document (in electronic and/or paper form) certifying the fact of payment for services that are the subject of the Agreement, in accordance with the requirements of Ukrainian legislation, unless otherwise agreed by the Parties.
2. SUBJECT OF THE CONTRACT
2.1. Under the terms and conditions stipulated in this Agreement, the Contractor undertakes to provide, and the Customer agrees to accept and pay for, an exclusive range of services:
- Renting an online store (website);
- Creating an online store (website);
- SEO promotion of the online store (website);
- Functional maintenance of the online store (website);
- Importing the database of the online store (website);
and others (hereinafter referred to as "Services").
2.2. The exhaustive list of services, deadlines, and conditions for their provision is exclusively posted on the Contractor's website.
2.2.1. List of topics of online stores for which the Contractor does not provide services:
• alcoholic beverages;
• tobacco products;
• narcotic and addictive substances;
• intimate goods (sex toys, LGBT products).
2.3. The subject of the Agreement is the services selected by the Customer from the list of services posted on the Contractor's website.
2.4. The Contractor independently forms the list of services that can be provided to the Customer under this Agreement and places such a list of services on the Contractor's website.
3. PROCEDURE FOR THE PROVISION OF SERVICES
3.1. To receive services under the Agreement, the Customer must register with the Contractor. Registration is done by phone number, email address of the Customer, through Google or Facebook services specified on the Contractor's website, and through the Contractor's website by ordering an invoice for the payment of the Contractor's services or by paying for the Contractor's services using an electronic payment tool.
3.2. During registration, the Customer is obliged to provide the Contractor with information about:
3.2.1. Name, surname, and patronymic (if any) and/or the name of the legal entity;
3.2.2. Position (if any);
3.2.3. Registration number of the taxpayer's registration card and/or code according to the Unified State Register of Enterprises and Organizations of Ukraine;
3.2.4. Contact information (phone number, email address, etc.).
3.3. If the Contractor requires additional information, it has the right to request it from the Customer. In case the necessary information is not provided by the Customer, the Contractor is not responsible for possible defects in primary documents and other documents that arise during the performance of the Agreement.
3.4. From the moment of registration, the process of concluding the Agreement begins, and the Parties undertake to ensure the fulfillment of the conditions specified in the Agreement for its conclusion.
3.5. The Customer is responsible for the accuracy of the information provided during registration.
3.6. The Customer completes the registration only after reviewing the terms of this Agreement posted on the Contractor's website.
3.7. After registration, the Customer receives an invoice for the payment of the selected services to the email address. If not otherwise specified by the payment method chosen by the Customer.
3.8. Payment for services according to the issued invoice implies the Customer's agreement to receive the services selected by the Customer on the Contractor's website.
3.9. The Contractor provides services in accordance with the legislation of Ukraine and the terms of this Agreement.
3.10. Services are provided online (via the Internet using services), as well as in other forms and by other means determined by the Contractor.
3.11. After providing the services selected by the Customer, the Contractor draws up a Service Acceptance Certificate (hereinafter referred to as the "Certificate") in 2 (two) copies. The Certificate is provided (sent) to the Customer within 5 (five) calendar days from the date of its signing by the Contractor.
3.12. The Customer is obliged, within 5 (five) calendar days from the date of receiving the Certificate, to review it, sign and return one copy of the signed Certificate to the Contractor or provide written substantiated comments on the quality or other conditions of service provision.
3.13. If the Customer refuses to sign the Certificate received from the Contractor, the Parties negotiate the quality or other conditions of service provision within 10 (ten) calendar days after the Customer notifies the refusal to sign the Certificate and sign the Certificate with the changes made as a result of the negotiations.
3.14. If during the negotiation period specified in clause 3.13 of this Agreement, the Parties do not reach an agreement on settling differences regarding the quality or other conditions of service provision, the dispute between the Parties may be referred for consideration in court in accordance with the requirements of the current legislation of Ukraine or in another way agreed upon by the Parties.
3.15. If the Contractor has not received a signed copy of the Certificate from the Customer or written substantiated comments on the quality or other conditions of service provision from the Customer within 3 (three) calendar days from the date of providing (sending) the Certificate to the Customer, the respective Certificate is considered signed and agreed upon by the Customer, and the Contractor's services are considered provided properly and accepted by the Customer in full without comments.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor has the right to:
4.1.1. Obtain information from the Customer necessary for the provision of services.
4.1.2. Independently set the price for services and other conditions of their provision by placing relevant information on the Contractor's website.
4.1.3. Make changes to the Agreement by placing them on the Contractor's website without special notification to the Customer.
4.1.4. Store and process personal data obtained during the provision of services in accordance with the requirements of applicable Ukrainian legislation.
4.1.5. Suspend the provision of services if the Customer does not timely fulfill its monetary obligations for the payment of services.
4.1.6. Completely or partially suspend the provision of services in case of impossibility to provide services due to technical or other objective reasons.
4.2. The Contractor is obliged to:
4.2.1. Provide services in accordance with the terms of this Agreement.
4.2.2. Provide explanations on issues arising from the Customer in connection with the provision of services.
4.2.3. Provide services personally and/or with the involvement of third parties, remaining fully responsible to the Customer for the provision of services.
4.2.4. Ensure the protection of personal data received from the Customer.
4.3. The Customer has the right to:
4.3.1. Receive services provided by the Contractor under the terms of the Agreement.
4.3.2. Receive complete and reliable information about the scope of services provided, as well as explanations on issues arising from the Customer in connection with the provision of services.
4.4. The Customer is obliged to:
4.4.1. Familiarize themselves with the terms of the Agreement posted on the Contractor's website.
4.4.2. Provide accurate and complete information necessary for the conclusion and execution of the Agreement.
4.4.3. Make payment for the provided services according to the terms of the Agreement at the prices determined by the Contractor.
4.4.4. Immediately inform the Contractor about any changes in its details, circumstances, and facts that are important for the provision of services under the Agreement.
4.4.5. Not copy and not distribute without the written consent of the Contractor the consultations, materials, presentations, explanations, and other information obtained during the execution of the Agreement.
5. PRICE OF SERVICES AND PAYMENT PROCEDURE
5.1. The price of the Contractor's services is specified on the Contractor's website.
5.2. The Contractor has the right to unilaterally change the price for any service, indicating the new price on the Contractor's website.
5.3. The cost of services selected by the Customer is determined based on the invoices that constitute an integral part of this Agreement.
5.4. The Contractor provides services to the Customer on the condition of their full prepayment.
5.5. Settlements between the Customer and the Contractor are made by the methods specified on the Contractor's website.
5.6. In case of issuing payment documents by the Customer, the "Payment Purpose" field must include a reference to the invoice number and date issued by the Contractor.
5.7. Payment is considered made from the moment funds are credited to the Contractor's current account. The responsibility for the correctness of the funds transfer lies with the Customer.
5.8. In the event of impossibility or refusal by the Customer to use the services of the Contractor, the Customer, no later than 3 (three) calendar days before the service provision date specified in the invoice, notifies the Contractor in writing. Based on a written application, the Contractor refunds the funds paid by the Customer within 5 (five) business days from the date of receipt of the Customer's written application, specifying the Customer's account details.
5.9. In the event of impossibility or refusal to use the services of the Contractor less than 3 (three) calendar days before the service provision date, the payment made by the Customer for the services is not refundable, unless otherwise agreed by the Parties.
5.10. The payment by the Customer for services implies the full and unconditional agreement of the Customer with the Public Offer outlined in the terms of this Agreement.
5.11. The price of services includes taxes and fees (other mandatory payments) that the Contractor is obliged to pay in connection with the fulfillment of the Agreement in accordance with the requirements of applicable Ukrainian legislation.
6. RESPONSIBILITY OF THE PARTIES
6.1. The Parties shall be liable for the violation of the Agreement in accordance with the provisions of the current legislation of Ukraine and the terms of this Agreement.
6.2. The violation of the Agreement includes its non-performance or improper performance, i.e., performance with a breach of the conditions specified by the content of this Agreement.
6.3. The Contractor is not responsible for improper performance or non-performance of the conditions of this Agreement if the Customer has not provided the information and documents necessary for the provision of services or has provided information and documents in an incomplete manner or with conflicting and/or inaccurate information.
6.4. The Customer is responsible for the accuracy and completeness of the information provided during registration. If the Customer has not provided or incorrectly provided information about themselves, the Contractor is not responsible for any damages incurred by the Customer as a result of a refusal to refund the advance payment, provision of services, and/or other actions due to the inability to correctly identify the Customer.
6.5. In the event of non-provision of services due to the fault of the Contractor, the Contractor refunds the payment made by the Customer within 5 (five) calendar days based on the Customer's written application.
6.6. In the event that the Customer has made a payment but has not received services due to reasons beyond the Contractor's control, such funds may be credited, with the Customer's consent, towards future payments for services provided by the Contractor, or they are subject to refund upon the Customer's request.
6.7. If payment systems are used for service payment on the Contractor's website, the responsibility for the accuracy and timeliness of fund transfer, as well as the storage and processing of personal data and other information provided for initiating fund transfer, lies with the payment infrastructure service operator in the manner prescribed by the legislation of Ukraine.
6.8. The Contractor is not responsible for the violation of the terms of the Agreement committed by it due to the fault of an intermediary service provider in the information sphere.
7. FORCE MAJEURE (FORCE MAJEURE) CIRCUMSTANCES
7.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the Agreement if it occurs due to force majeure circumstances. Force majeure refers to extraordinary and unforeseen circumstances that arose after the conclusion of this Agreement, are beyond the control of the Parties, and include, but are not limited to, hostilities, revolutions, state coups, natural disasters, technological and other accidents, accidents in the power and communication systems, strikes, lockouts, sabotage, and terrorist acts, decisions of state and local authorities, epidemics, pandemics, emergencies that objectively make it impossible to fulfill the conditions of the Agreement (hereinafter referred to as "force majeure").
7.2. Force majeure applies, and the Party for which force majeure has occurred is exempted from liability for the breach of the Agreement if a certificate from the Chamber of Commerce and Industry of Ukraine or a regional chamber of commerce and industry or another official document issued by an authorized body or organization of the state where force majeure occurred is obtained.
7.3. The Party for which force majeure has occurred must notify the other Party within 3 (three) calendar days from the date when the Party became aware of the occurrence of force majeure and provide the other Party with the necessary documents to confirm force majeure.
7.4. From the moment of receiving a notification of force majeure from the other Party, the performance of the Agreement is suspended, and the term for the performance of obligations under the Agreement is extended for the period of force majeure.
7.5. The suspension of the performance of the Agreement means that the Contractor ceases to provide services specified in the Agreement, and the Customer is not required to make further payments for services that were not provided, without negative consequences, penalties, and liability for each of the Parties.
7.6. The Party for which force majeure has occurred must notify the other Party of the cessation of force majeure within 3 (three) calendar days from the date when the Party became aware of the cessation of force majeure.
7.7. Each Party has the right to initiate the termination of the Agreement if the duration of force majeure exceeds 1 (one) month.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. The objects of intellectual property for the purposes of this Agreement include, but are not limited to, the Contractor's website, information posted on the Contractor's website, including texts, infographics, presentations, images, audiovisual works, etc., working and promotional materials, commercial messages, marketing research in paper, electronic, or any other form, software, logos, graphics, sounds, etc., used or created by the Contractor in the process of fulfilling the conditions of the Agreement.
8.2. Objects of intellectual property owned by the Contractor may be used by the Customer under the terms of a limited non-exclusive license, excluding the Customer's ability to use the intellectual property in a field identical or related to the Contractor's activities. The Customer is also prohibited from granting licenses to third parties for the use of the Contractor's intellectual property.
8.3. By granting the right to use intellectual property objects to the Customer, the Contractor does not transfer exclusive intellectual property rights to the Customer and does not grant permission to use them for activities identical or related to the Contractor's activities.
8.4. The use of intellectual property objects by third parties is allowed only with the permission of the Contractor, except as provided by Ukrainian legislation.
8.5. The Contractor uses intellectual property rights objects owned by other persons based on licenses, contracts, or other legal grounds.
8.6. The Contractor may freely use its skills, know-how, and experience and may utilize and disclose any generalized ideas, concepts, methods, techniques acquired or assimilated during the performance of the Agreement without disclosing the Customer's confidential information.
8.7. During the provision of services to the Customer, the Contractor provides a specific set of tools (functionality) to the Customer to create their own website without directly participating in its development and content.
The Contractor is not responsible to third parties for the content of the website created and filled by the Customer (hereinafter referred to as the Customer's site) within the scope of receiving the service, except for the content of the Contractor's website in accordance with section 1.11.4. of this Agreement.
All claims by third parties regarding the infringement of intellectual property rights, including the content of the Customer's site with materials such as texts, infographics, presentations, images, audiovisual works, advertising materials, commercial messages, marketing research in paper, electronic, or any other form, software, logos, trademarks, graphics, sounds, etc., should be addressed to the Customer.
9. PERSONAL DATA
9.1. Each of the Parties consents to the collection and processing of its personal data (including collection, registration, accumulation, storage, adaptation, modification, renewal, use, and distribution (dissemination, implementation, transmission), depersonalization, and destruction of personal data, including the use of information (automated) systems, as well as other types of activities that the Parties may perform regarding personal data in written (paper), electronic, and other forms, including, but not limited to, such personal data as: name, surname, patronymic, date of birth, data of an identity document (number, series, date of issue, issuing authority, etc.), taxpayer identification number, data extraction from the state register of legal entities and individual entrepreneurs, tax system, information about education and qualification, phone number, email address, and other data voluntarily provided for the purpose of ensuring the implementation of contractual relations between the Parties, accounting, and managerial accounting, conducting advertising campaigns and marketing research, sending electronic commercial messages using information and telecommunication means of communication (email, mobile communication, messengers, applications, social networks, etc.), communication and relations with state authorities and local self-government bodies, as well as for other purposes that cover the legitimate interest of the Contractor.
9.2. The Parties undertake to ensure the proper protection of personal data from illegal processing and unauthorized access by third parties, including taking necessary measures to prevent the disclosure of personal data to officials, employees, authorized representatives of the Parties if such personal data was entrusted to the Party or became known to the Party in connection with the obligations under the Agreement.
9.3. By entering into the Agreement, the Customer confirms that it has been informed (without additional notice) of the rights of the data subject established by the Law of Ukraine "On Personal Data Protection," the purpose of personal data processing, the composition and content of collected personal data, as well as the conditions for access to personal data of third parties.
10. DISPUTE RESOLUTION
10.1. Disputes arising between the Parties in the process of executing this Agreement or in connection with it shall be resolved through negotiations.
10.2. All disputes between the Parties that have not been resolved by mutual agreement may be submitted for resolution in court in accordance with the requirements of the current legislation of Ukraine.
10.3. By mutual consent of the Parties, a dispute may be submitted for resolution to a mediator or another independent professional mediator.
11. TERM OF THE AGREEMENT
11.1. The Agreement shall enter into force as of the date specified in clause 1.6 of this Agreement and remains in effect until the complete fulfillment of the Parties' obligations under the Agreement.
11.2. The Agreement may be terminated prematurely:
11.2.1. by mutual agreement of the Parties;
11.2.2. by a court decision that has entered into legal force;
11.2.3. for other reasons stipulated by the current legislation of Ukraine and this Agreement.
12. OTHER TERMS AND CONDITIONS
12.1. The Contractor has the right to unilaterally amend this Agreement by publishing the changes on the Contractor's website. Changes to the Agreement come into effect from the date of their publication on the Contractor's website, unless another effective date is additionally specified upon publication.
12.2. The Contractor, under this Agreement, has the status of a single tax payer of the 3rd group.
12.3. Regarding issues arising in connection with the conclusion, performance, and termination of this Agreement that are 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."
12.4. If any provision of this Agreement becomes invalid, it does not affect the validity of the remaining provisions of the Agreement. In such a case, the Parties, to the extent possible, try to agree on replacing the invalid provision with new valid provisions that allow achieving the original intentions of the Parties to the maximum extent.
12.5. The Parties undertake to keep confidential information and trade secrets that have become known to them in connection with the performance of the Agreement, not to disclose confidential information and trade secrets of the other Party, and not to use the relevant information in their interests or the interests of third parties.
12.6. The Parties bear full responsibility for the completeness and accuracy of the details provided in the documents. The Parties undertake to promptly inform each other of any changes in their name, legal form, location (place of residence), mailing address, telephone numbers, email addresses, bank details, and other account information. In case of non-notification, the defaulting Party bears the risk of adverse consequences arising from this (including tax consequences).
13. ADDRESS AND DETAILS OF THE CONTRACTOR
INDIVIDUAL ENTREPRENEUR KOLESNYK SERHIY VOLODYMYROVYCH
Address: 03065, Kyiv, Heroes of Sevastopol Street 12, Apt. 65
ID code (RNOKPP): 3181706615
Bank: JSC "UNIVERSAL BANK", MFO 322001