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Public Offer Agreement

The INDIVIDUAL ENTREPRENEUR ANDRII CHAIKOVSKYI, acting based on the Record from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations No. 21860000000001552 of 18.11.2019 (hereinafter referred to as the "Contractor" in the relevant cases), offers to conclude a contract for the provision of services remotely by joining in accordance with Articles 633-634, 642 of the Civil Code of Ukraine.

This public offer contract is concluded between the Contractor on the one hand and the Customer, any person who accepted this offer, on the other hand.

This contract is addressed to an indefinite circle of persons.

By registering on the page https://fs20-studio.com/customer/account/create and/or on any page in the Contractor's social networks, and/or by providing your contact information in any way to order the Service, you confirm your agreement with the terms of this public offer.

This Public Offer is valid until a new edition of the offer is accepted.

1.  TERMS AND DEFINITIONS

1.1. In this offer, unless the context requires otherwise, the following terms have the meanings and are an integral part of it:

  • Contractor - INDIVIDUAL ENTREPRENEUR ANDRII CHAIKOVSKYI, acting based on the Entry from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations No. 21860000000001552 of 18.11.2019, phone +38 (063) 642 27 38, (Viber, Messenger, Telegram, WhatsApp).
  • User - any natural or legal person who visits the page https://fs20-studio.com and/or any page on the Contractor's social media pages, who accepts all the terms of this offer and intends to order the Services.
  • Customer - any natural or legal person who visits the page https://fs20-studio.com and/or any page on the Contractor's social media pages, who has placed an order for the Services and/or has left their contact details for ordering the Services, thereby confirming their agreement with all the terms of this offer.
  • Page - the official page https://fs20-studio.com and/or any page on the Contractor's social media pages.
  • Service - the subject of the agreement between the parties; the service(s) selected by the Customer for the development and/or individual selection of modules and plugins for the Customer's website(s) to ensure their proper functioning and support, as well as other services presented on the Page for sale.
  • Confidentiality and information protection - under this concept, it is understood that the Contractor undertakes to strictly maintain confidentiality regarding the information that the Contractor has received from the Customer under this Agreement.

2. GENERAL PROVISIONS

2.1. The Contractor provides the Services for sale through the website https://fs20-studio.com and/or any page on the Contractor's social media.

2.2. By placing an order for Services on the Website and/or providing their contact information to receive Services, the User agrees to the terms of this Agreement. If the User disagrees with the terms of this Agreement, they must immediately stop using the service and leave the Website.

2.3. The terms of this Agreement and the information posted on the Website about the Services constitute a public offer by Article 633 of the Civil Code of Ukraine.

2.4. The current terms of this Agreement may be amended by the Contractor unilaterally without notifying Users and Customers. The new version of the terms of this Agreement shall come into force upon its publication on the Website unless otherwise provided by the Agreement itself.

2.5. The Agreement becomes effective from the moment the Customer pays for the Services by the terms posted on the Website and the funds are received in the Contractor's bank account.

2.6. By providing their phone number and/or email to the Contractor, the Customer consents to the use of these means of communication by the Contractor. The data may be used for order confirmation and for providing other information directly related to fulfilling the obligations to the Customer under this Public Offer.

2.7. The exhaustive list of Services, and their terms and conditions, are posted exclusively on the Website. The details for paying for Services may be changed by the Contractor at any time and are posted on the Website as well as provided to the Customer by any means of communication (email, phone messages, messengers, etc.).

3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Agreement is the paid provision by the Contractor to the Customer of the selected Services, the list, volumes, terms of provision, and cost of which are posted on the Page.

3.2. Services may be provided by the Contractor in the following form:

3.2.1. The Contractor may provide the Customer with one-time individual Services on issues related to the individual selection of the most suitable option of a module and/or plugin for the Customer's website and other issues that belong to the competence of the Contractor and are presented on the Contractor's Page https://fs20-studio.com, using any means of communication (e-mail, phone messages, calls, video conferencing, messengers, etc.);

3.2.2. The Contractor may provide the Customer with one-time individual Services on issues related to the individual development of the most suitable option of a module and/or plugin for the Customer's website and other issues that belong to the competence of the Contractor and are presented on the Contractor's Page https://fs20-studio.com, using any means of communication (e-mail, phone messages, calls, video conferencing, messengers, etc.);

3.2.3. The Contractor may provide the Customer with Services for technical and software support of the Customer's website operation by separate agreement between the Customer and the Contractor, having previously agreed on all essential conditions of the provision of the Service with the Customer using any means of communication (e-mail, phone messages, calls, video conferencing, messengers, etc.);

3.2.4. The Contractor may provide the Customer with Services in any form provided for by this Agreement and/or posted on the Contractor's Page https://fs20-studio.com, having previously agreed on all essential conditions of the provision of the Service with the Customer using any means of communication (e-mail, phone messages, calls, video conferencing, messengers, etc.).

3.3 The Contractor reserves the right to change the form of providing the Services by posting a relevant notification on the Page and/or by sending a relevant message to the Customer using any means of communication (email, text messages, messengers, etc.).

4. CONDITIONS AND PROCEDURE FOR THE PROVISION OF SERVICES

4.1. The list, scope, terms of provision, and cost of Services, as well as information on how to order Services, are posted by the Contractor on the Website or are agreed upon individually with the Customer.

4.2. To receive the Service, the Customer chooses the necessary module or plugin configuration on the Contractor's Website https://fs20-studio.com or contacts the Contractor via communication tools (email, phone messages, calls, video conferencing, messengers, etc.) to order a specific Service provided by the Contractor under this Agreement.

4.3. The specific time and date of service provision are determined by the Contractor by the internal project schedule and the wishes of the Customer.

4.4. After filling out the questionnaire, registering and/or authorizing on the Contractor's Website https://fs20-studio.com/customer/account/create, and clarifying the details of the order, the Contractor develops, forms and sends the Customer an invoice for payment of the ordered Service and an order number by generating an invoice on the Website and/or sending a message via communication tools (email, phone messages, messengers, etc.). After that, the Contractor and the Customer agree on the terms and details of further cooperation via any communication tools.

4.5. The Contractor may provide the Service directly to the Customer through the Website https://fs20-studio.com or via communication tools (email, phone messages, calls, video conferencing, messengers, etc.).

4.6. After the Customer has paid for the Services, the Contractor prepares the final version of the ordered Services and all accompanying files, sends the Customer a link to download the materials using communication tools (email, phone messages, calls, video conferences, messengers, etc.), and provides consultation on the correct installation and use of the ordered materials.

4.7. In addition to the main Services, the Customer may, by separate agreement with the Contractor, order a service for supporting the correct operation of their website and/or module or plugin that they ordered from the Contractor. The support service is agreed upon individually using communication tools (email, phone messages, messengers, etc.).

4.8. The Services are provided by the Contractor subject to 100% (one hundred percent) payment by the Customer for the Services to be provided by the Contractor. In separate cases, as determined on the Page and/or by separate agreement between the Parties, payment for the Services may be made in the form of 50% (fifty percent) before the Services are provided.

4.9. In the case of providing Services before 50% (fifty percent) prepayment, after the Contractor has fully provided the Services, the Customer must pay the Contractor the remaining 50% (fifty percent) of the amount within 5 (five) business days.

4.10. Customers who have not made payment for the Services according to the terms of this Agreement and/or the terms determined on the Page will not receive the Services.

4.11. The fact of payment for the Services is an unconditional acceptance by the Customer of this Agreement. The Customer who has used the Contractor's services is considered a person who has entered into contractual relations with the Contractor.

4.12. The provision of services is carried out on an individual basis.

4.13. The Contractor has the right to change the date of provision of the Service, after notifying the Customer in advance.

4.14. The provision of the service is carried out in the manner determined on the Page. The Contractor reserves the right to change the address of provision of the Service, the Internet page (Internet service) through which the Services will be provided, after notifying the Customer in advance.

4.15. The Contractor is not responsible if the Customer, not due to the fault of the Contractor, was unable to use the results of the provided Services for their purposes. Any claims of the Customer regarding the impossibility of using the already provided Service are not accepted.

4.16. If the Customer is unable to receive the ordered and paid Service at the agreed time, the Customer has the right to receive such Service (or an equivalent Service with the consent of the Contractor) at another time in the future (on another date, etc.), after notifying the Contractor no later than 24 (twenty-four) hours before the expected date of provision of the Service.

4.17. The requirements for placing an order for a Service are determined by the Contractor and posted on the Page. The Contractor reserves the right to refuse to provide services to the Customer. In this case, the funds paid by the Customer are not returned, and the Customer automatically loses the right to further receive any services from the Contractor.

4.18. In case of force majeure circumstances (fires, earthquakes, other natural phenomena, disasters, actions of third parties, failures in power supply and communication systems used for providing Services, acts of state authorities, quarantine measures, disruptions in power supply that result in the lack of connectivity to the Internet and other circumstances beyond the control of the Parties) that prevent the timely, complete, and proper provision of services by the Contractor under this Agreement, the provision of services by the Contractor is carried out after the end of the effect of such circumstances.

4.19. The services are considered provided properly by the Contractor at the moment of transfer of the license key for the module and/or plugin to the Customer and its installation and/or upon the completion of the term of the ordered support of the Customer's website by the Contractor.

5. PRICE AND PAYMENT FOR SERVICES

5.1. The price for the Services is indicated on the page in the national currency of Ukraine and includes all taxes provided for by Ukrainian legislation.

5.2. The price for the Service on the page may be changed by the Contractor unilaterally. In this case, the price for the Service paid by the Customer is not subject to change, except in cases provided for by this Agreement.

5.3. Payment for the Service is made by the Customer according to the terms and rates indicated on the page. Payment details and terms of payment for the Services may be additionally sent to the Customer after prior registration using the communication means provided by the Customer.

5.4. Provided that the Contractor fulfills its obligations under this Agreement, the prepayment made by the Customer for the Services is not subject to refund.

5.5. After the proper provision of the Services, any claims for a refund by the Contractor and/or provision of other services to the Customer (similar services in the future) are not accepted.

5.6. In cases where the Services are paid with the accrual of commission for banking services (money transfer), the obligation to pay such commission is borne by the Customer.

5.7. In cases where not otherwise provided by an individual agreement between the Parties, the provision of services by the Contractor on weekends and holidays is paid by the Customer in double the amount.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The Contractor shall:

6.1.1. Timely and fully provide the Services to the Customer by the paid volume of Services;

6.1.2. Notify the Customer of any changes in the procedure and deadlines for providing the Services;

6.2. The Contractor has the right to:

6.2.1. Payment for the Services in the manner and on the terms determined by this Agreement;

6.2.2. Unilaterally make changes to this Agreement, including with prior publication on the Contractor's website;

6.2.3. Partially or completely suspend the provision of Services in case of impossibility to perform the Services due to technical or other difficulties;

6.2.4. Change the date of provision of Services already paid for by the Customer, after notifying the Customer in advance.

6.3. The Customer shall:

6.3.1. Pay for the Services on the terms of this Agreement;

6.3.2. When placing an order to receive Services, provide accurate information for communication with the Customer (phone number, email address, etc.);

6.3.3. Familiarize oneself with the Agreement and the terms of provision of the selected Services, comply with and fulfill their requirements;

6.3.4. Not offer the Contractor's specialist to work for the Customer and not hire the Contractor's employees within one year from the moment of their dismissal from the Contractor.

6.4. The Customer has the right to:

6.4.1. Receive the Services in the manner and on the terms determined by the Agreement;

6.4.2. Receive information from the Contractor on issues related to the organization and provision of Services;

6.4.3. Receive from the Contractor advisory materials (if their provision is directly provided on the Contractor's website) developed by the Contractor related to the provision of Services paid for by the Customer.

7. CONFIDENTIALITY AND INFORMATION PROTECTION

7.1. The User/Customer's data is processed by the Contractor by the Law of Ukraine "On Personal Data Protection".

7.2. The processing of personal data by the Contractor, as the controller of personal data, includes the collection of personal data specified by the Customer, their storage, and use to perform the Agreement.

7.3. Personal data is collected and processed solely to comply with the requirements that regulate legal relations in the field of accounting and tax accounting. The term for storage and processing of personal data is three years.

7.4. By providing their personal data, the User/Customer gives unconditional consent to the processing of personal data by the Contractor by the Law of Ukraine "On Personal Data Protection".

7.5. The Contractor shall not be responsible for information provided by the User/Customer on the Page in a publicly accessible form.

7.6. The Contractor has the right to disclose confidential information if the Customer's actions and/or inaction may provoke/lead to armed conflicts, crimes against the life and freedom of third parties, or directly threaten the life of the Customer and/or the Contractor and other illegal and criminal actions.

8. DURATION OF THE PUBLIC OFFER

8.1. The valid public offer takes effect from the moment of acceptance by the User/Customer and remains in effect until the Parties fulfill their obligations under the Contract.

8.2. This offer may be changed by the Contractor unilaterally for all its Customers with the simultaneous publication of a new version of the offer on the Page.

9. SPECIAL CONDITIONS

9.1. The Page and related services may be temporarily partially or completely unavailable due to maintenance or other technical reasons.

9.2. The relations between the User/Customer and the Contractor are governed by the laws of Ukraine.

9.3. In case of questions or claims from the User/Customer, they should contact the Contractor using the contacts posted on the Page. All disputes arising between the parties shall be resolved through negotiations and by the current legislation of Ukraine.

9.4. This Agreement offer is presented in Ukrainian and English, with the Ukrainian version having precedence by the current legislation of Ukraine.

10. SELLER DETAILS

iNDIVIDUAL ENTREPRENEUR ANDRII CHAIKOVSKYI

NUREP:  3199122374

3 Zarichna street, Lokachi, Volyn region, 45500, Ukraine

IBAN UA503218420000026006053078636

JSC CB "PRIVATBANK", 1D HRUSHEVSKOHO STR., KYIV, 01001, UKRAINE

IFC: 321842

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