Public offer agreement

on the provision of services

This Agreement, in which one party is an individual entrepreneur Kvasha Andriy Volodymyrovych, acting on the basis of an extract from the USR (record date 02.03.2021, record number 202240000000151215) (hereinafter the Contractor), on the one hand, and any person who has accepted (accepted) this proposal (hereinafter – the Customer), on the other hand, then together – the Parties, and each separately – the Party, makes a public proposal Public offer agreement (hereinafter – the Agreement), (according to Article 641 of the Civil Code of Ukraine), addressed to an unlimited number of persons, which is an official public offer of the Contractor, to conclude a Service Agreement with any Customer. Acceptance (acceptance) of the Public Offer Agreement is carried out by the Customer in the manner specified in this Agreement. As a result of acceptance (acceptance) by the Customer of this Public Offer, the Agreement is considered concluded.

1. GENERAL PROVISIONS

1.1. This Agreement is concluded by giving full and unconditional consent (acceptance) of the Customer to the conclusion of the Agreement in full, without signing a written copy of the Agreement by the Parties.

1.2. The contract has legal force in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.

1.3. The Customer confirms the fact of acquaintance and agreement with all the terms of this Agreement in full by acceptance.

1.4. Any of the following actions is considered acceptance of this public offer agreement:

• the fact of registration of the Customer on the Contractor’s Website and execution of the Contractor’s Services Order on the Contractor’s website https://welovebrands.agency/
• payment for the Contractor’s Services on the terms and in the manner specified in this Agreement and on the relevant pages of the Contractor’s Website https://welovebrands.agency/
• written (including in electronic form by e-mail) notification of the Customer on acceptance of the terms of this Agreement to the e-mail address specified on the website https://welovebrands.agency/contacts/

1.5. By concluding this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for Services and all annexes that are integral parts of the Agreement.

1.6. If the Customer does not agree with the terms of the Agreement, he has no right to enter into this Agreement, and is not entitled to use the Services under this Agreement.

2. TERMS AND DEFINITIONS

“Public offer agreement” – a public agreement, a transaction on the provision and receipt of services, which establishes the same conditions for all customers, a sample of which is posted on the Website https://welovebrands.agency/

“Public offer” – a proposal of the Contractor addressed to any individual in accordance with Article 641 of the Civil Code of Ukraine, to enter into an agreement with him contained in the public offer.

“Acceptance” – giving the Customer full and unconditional consent to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties.

“Services” – the activities of the Contractor, carried out by individual order of the Customer, to meet his personal needs. The service is provided in accordance with the current Tariffs of the Contractor.

The service is provided to citizens of Ukraine, foreigners and stateless persons, unless otherwise provided by the Tariffs, on the day of application to receive the service. Service or several Services provided by the Contractor and specified by the Contractor in the relevant section of the Website https://welovebrands.agency/

“Customer” – any able-bodied natural person, legal entity, natural person-entrepreneur who has visited the Website https://welovebrands.agency/ and accepted this Agreement.

“Contractor” – a legal entity that provides services in the relevant section of the Website https://welovebrands.agency/ and whose details are specified in section 12 of this Agreement.

“Order” – a duly executed application of the Customer for the Services addressed to the Contractor.

“Tariffs” – approved in the prescribed manner Unified tariffs for service https://welovebrands.agency/, which sets the amount of payment for customers for the provision of relevant services in a timely manner.

“Site” – the Contractor’s website on the Internet, located at: https://welovebrands.agency/

3. SUBJECT OF THE AGREEMENT

3.1. The Contractor undertakes to provide the Customer with the Services consumed in the course of performing a certain action or carrying out certain activities under the terms and conditions specified in this Agreement, and the Customer undertakes to accept and pay for the ordered Services under the conditions and in the manner specified by the Contractor’s Tariffs. .

3.2. Confirmation of full and unconditional acceptance of the public offer is the execution (signing) of the Customer application for accession to the Agreement (Annex 1 to this Agreement) and / or payment for the ordered Services, which indicates his acceptance of the public offer.

3.3. The Agreement is considered concluded without its further signing from the moment the Contractor receives the application-joining from the Customer and / or payment by the Customer for Services or other actions provided by the Agreement, agreeing to comply with the Agreement, without signing a written copy by the Parties.

3.4. The Customer agrees to comply with the terms of the Agreement and agrees to receive the Services on the terms established by the Contractor from the moment of execution (signing) by the Contractor of the application-joining and / or payment for the Services.

3.5. By concluding the Agreement, the Customer automatically agrees to 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 Agreement.

3.6. The Customer and the Contractor confirm that this Agreement is not a fictitious or fictitious transaction or a transaction entered into under the influence of pressure or fraud.

3.7. The Contractor confirms that he has the right to carry out activities in the field of informatization, in accordance with the requirements of current legislation of Ukraine.

4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

4.1. The Contractor is obliged to:

4.1.1. Ensure the provision of Services in accordance with the subject of the Agreement and the application to join it, including services for the processing of personal data of the Customer.

4.1.2. To inform the Customer, at his request, all information on the progress of this Agreement.

4.1.3. Do not allow the disclosure of confidential personal information and personal data of the Customer, which became known to the Contractor, in the performance of duties under this Agreement, except as provided by law.

4.1.4. To provide the Customer with the Services in the manner and terms stipulated by this Agreement, the application-joining and the Tariffs.

4.2. The Contractor has the right to:

4.2.1. Process personal data of the Customer during the conclusion and implementation of this Agreement, as well as enter them into its own personal data base in the manner prescribed by the Law of Ukraine “On Personal Data Protection” on the basis of consent given by the Customer.

4.2.2. Make changes to this Agreement and / or Tariffs by publishing their new version and / or changes to them on the Site https://welovebrands.agency/ and posting on this Site a notice of implementation of these changes.

4.2.3. Involve third parties in the performance of legal and other actions related to the provision of Services to the Customer and receipt of payments under the Agreement, without the coordination of such actions of the Contractor with the Customer.

4.2.4. Withdraw from this Agreement without imposing on the Contractor liability for non-performance / improper performance of the Agreement if the decision of public authorities or their authorized persons will deny the Customer the ability to draw up and issue documents for reasons provided by law, and in case of discrepancies ( inconsistencies, false data) in the information and / or documents submitted by the Applicant. In this case, the funds paid by the Customer as payment for the Services ordered by him are not refundable.

4.2.5 The Contractor has the right to use the result of work performed for the Customer only for information purposes

• placement in the portfolio on the website
• posting work on design contests and portals
• by placing work in their information media booklets, leaflets, commercial offers, briefings, presentations

5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

5.1. The customer is obliged to:

5.1.1. Simultaneously with the execution or (signing) of the application for accession, provide the Contractor with complete and accurate information and duly executed documents necessary to fulfill the obligations under this Agreement, according to the list specified on the Contractor’s Website.

5.1.2. Give the Contractor in the prescribed manner written permission to collect, process their own personal data. In addition, the Customer agrees that this and other information necessary for quality service of the Customer may be transmitted, without written notice of the transfer, the Contractor to third parties to send to the Customer via social networks, SMS and messengers – information, and receiving information messages.

5.1.3. The Customer agrees to receive SMS-informing and receive information messages from the Contractor.

5.1.4. Inform the Contractor of reliable information about yourself.

5.1.5 Check the correctness of the spelling of their personal data and / or personal data of the person represented by the Customer on legal grounds.

5.1.6. Pay for the Contractor’s Services on the terms of 100% prepayment in the amounts specified in the Contractor’s Tariffs.

5.1.7. Accept the Services provided in accordance with this Agreement and personally sign in two copies the act of acceptance-transfer of services provided by the Contractor.

5.2. The customer has the right to:

5.2.1. Place an Order for the Services listed on the relevant page of the Website https://welovebrands.agency/

5.2.2. Require the Contractor to provide Services in accordance with the terms of this Agreement

5.2.3. Other rights in accordance with the current legislation of Ukraine and this Agreement

6. PROCEDURE FOR ORDERING

6.1. The Customer places his Order on the relevant page of the Website https://welovebrands.agency/ using the payment system by clicking the “Buy” button, or by placing an order by e-mail or by phone number specified in the contact section of the Website https://welovebrands.agency/contacts/

6.2. The term for processing the Order by the Contractor is https://welovebrands.agency/ up to 5 (five) working days from the moment of its execution. If the Order is sent on a weekend or holiday, the processing period of the Order begins on the first day after the weekend.

6.3 The order is considered to be the “intention” of the Customer to use the services of the studio, deadlines are discussed separately and set in the written correspondence of the Contractor with the Customer, and / or in the Appendices (application, briefings)

7. CONTRACT PRICE AND PAYMENT PROCEDURE

7.1. The price of each individual Service is determined by the Contractor and is indicated on the relevant page of the Website https://welovebrands.agency/The Contract Price (Order Cost) is determined by adding the prices of all Services selected by the Customer.

7.2. The Customer shall pay for the Contractor’s Services on the basis of this Agreement in the National Currency of Ukraine – UAH. The Parties agree that the equivalent cost of the Services, determined on the relevant page of the Website https://welovebrands.agency/ in US dollars, is paid by the Customer in UAH in accordance with the official exchange rate of hryvnia to the US dollar set by the National Bank of Ukraine on issuing an appropriate invoice for the Services by the Contractor.

7.2.1. Payment for Services is made by:

• transfer of funds to the current account of the Contractor (if
• The customer is a natural or legal person) or
• by other means of payment specified on the Contractor’s Website (if the Customer is an individual).
• The moment of payment for the Services is considered to be the time of crediting funds to the current account of the Contractor.
• Payment for the Services shall be made by the Customer within 5 (five) banking days from the moment of concluding the Agreement by the Parties and issuing the relevant invoice by the Contractor. The invoice drawn up by the Contractor shall be valid for five banking days.
• The Customer independently and at its own expense pays for the services of third parties, if necessary to obtain the Services of the Contractor under this Agreement.

8. PROCEDURE FOR RECEIPT OF SERVICES, PROCEDURE FOR ACCEPTANCE OF TRANSFER OF PROVIDED SERVICES

8.1 Rules for providing and receiving Services are specified on the relevant page of the Website https://welovebrands.agency/ All issues arising in the process of payment and receipt of Services, the Customer may find out from the Contractor on the contact details specified in section 12 of this Contract Details of the Contractor or on the website https://welovebrands.agency/

9. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES

9.1. For non-performance or improper performance of their obligations under this Agreement, the parties shall be liable in accordance with applicable law of Ukraine.

9.2. All disputes arising out of or in connection with this Agreement shall be settled by negotiation between the Parties.

9.3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction and jurisdiction of such dispute in accordance with the legislation in force in Ukraine.

9.4. The Contractor shall not be liable for any failure to provide or improper provision of Services to the Customer in the event of any circumstances that arose through no fault of the Contractor (namely – the occurrence of circumstances due to fault or negligence of the Customer and / or circumstances that arose due to the fault or negligence of any third party (any third parties) and / or the occurrence of force majeure).

10. TERM OF THE AGREEMENT, AMENDMENTS AND TERMINATION

10.1. The Agreement is public and indefinite and is valid until its termination by either Party in the manner prescribed by this Agreement or applicable law.

10.2. This Agreement is made public to all Customers by posting (publishing) it on the Contractor’s Website.

10.3. The Contractor shall independently and in compliance with the requirements of the current legislation of Ukraine determine the terms of the Agreement. The Contractor has the right to change the terms of the Agreement with the obligatory notification of the Customers on the Site. In case of disagreement of the Customer with the changes made to the Agreement, such Customer has the right to terminate the Agreement in accordance with the procedure set forth in the Agreement within 7 (seven) calendar days from the date when he learned or could learn about changes to the Agreement or personal submission of the relevant written application to the e-mail address of the Contractor hello@welovebrands.agency. Failure of the Customer to terminate the Agreement within the specified period and continue to use the Services indicates the Customer’s consent to the changes made to the Agreement.

10.4. When making changes to this Agreement, the Contractor shall notify such changes on its Site at least 10 (ten) calendar days before the changes take effect, except for cases for which the Agreement sets a different term and / or procedure for notification of changes, as well as in cases where the Contractor is not obliged to notify the Customer of changes. In this case, the Contractor guarantees and confirms that the current version of the text of this Agreement posted on the Contractor’s Website is valid.

10.5. The Contractor has the right to terminate this Agreement unilaterally by giving notice by posting an announcement on its Site no later than 15 (fifteen) calendar days before such termination.

10.6. In case of termination of this Agreement in the manner prescribed by paragraph 7.5 of the Agreement, the Contractor is not released from the obligation to provide Services to all Customers who have already signed applications and paid for the Services, paid mandatory payments, until the publication of termination of this Agreement.

11. FORCE MAJOR CIRCUMSTANCES

11.1. The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement, if it arose as a result of force majeure.

11.2. Force majeure in this Agreement means any circumstance that arose unintentionally or against the will or desire of the Parties and which cannot be foreseen or avoided, including: hostilities, riots, epidemics, blockades, earthquakes, floods, fires, as well as decisions or instructions of public authorities and administration of the State of residence of the Customer or the State of residence of the Contractor, as a result of which the Parties (or one of the Parties) will be subject to additional obligations or restrictions and make it impossible or partial performance of the Agreement, as well as other actions or events that exist outside the will of the Parties.

11.3. If force majeure lasts for more than 3 (three) consecutive months, each Party will have the right to refuse to further fulfill its obligations under this Agreement and, in this case, neither Party will be entitled to indemnify the other Party for possible damages. .

12. CONDITIONS OF REFUND:

12.1. Refund rules

• the settlement document (check, receipt, PRRO check, act of acceptance-transfer of rendered services) with the date of sale, or SMS informing about acceptance of rendered services to the Customer is saved.
• the executor returns the funds in full minus the commission for payments, if he did not start work, in other cases the amount – (X) refund to the Customer is calculated by the formula C-K- (H * 750 UAH.) = X

C – the amount of payment for services

K – fees for payments

H – time spent on work

12.2. Consumer rights upon termination of the contract:

• settlements with the Customer are made based on the cost of services provided;
• money paid for services is returned to the consumer on the day of termination of the contract, but not later than 30 days;
• in case of impossibility to return the money on the day of termination of the contract – in another term by agreement of the parties, but not later than within 30 days.
• The buyer must explain the reasons for the return in the claim, then send a letter of request for a refund and termination of the contract
• other reasons are specified in the contract

13. OTHER TERMS OF THE AGREEMENT

13.1. Each Party guarantees to the other Party that it has the necessary capacity, as well as all the rights and powers necessary and sufficient for the conclusion and implementation of this Agreement in accordance with its terms.

13.2. Unilateral change of the terms of the Agreement concluded by the Customer or refusal to fulfill the terms of the Agreement concluded by the Customer is inadmissible, except for the cases provided by this Agreement. Neither Party to this Agreement shall have the right to transfer its rights and obligations to third parties without the consent of the other Party.

13.3. The Contractor confirms that he is a payer of income tax on general grounds.

13.4. The information provided by the Customer is confidential. Information about the Customer is used exclusively for the purpose of fulfilling his Order.

13.5. By accepting the Agreement, the Customer voluntarily agrees to the collection and processing of personal data for the following purposes: the data become known will be used for commercial purposes, including obtaining information about the order and processing information about it, sending by telecommunications (electronic by mail, mobile communication) advertising and special offers, information about promotions or any other information about the activities of the Website https://welovebrands.agency/In case of unwillingness to receive information about the activities of the Website https://welovebrands.agency/ The Customer has the right to apply to the Contractor by writing a statement of refusal to receive advertising materials and sending it to the postal or e-mail address of the Contractor.

13.6. The Contractor is not responsible for the content and truthfulness of the information provided by the Customer when placing an Order. The Customer is responsible for the accuracy of the information specified in the order.

13.7. The Parties undertake to keep confidential information obtained as a result of the implementation of this Agreement, except when authorized in writing by the other Party or required by public authorities in accordance with applicable law. The guilty Party is responsible for the disclosure of confidential information in accordance with applicable law.

13.8. The Agreement is public and indefinite and is valid until its termination by either Party in the manner prescribed by this Agreement or applicable law, but in any case until its final implementation by the Parties. The Parties have agreed that the term of this Agreement may not be less than 3 (three) calendar months. This Agreement is considered agreed by the Customer and concluded at the location of the Contractor from the date of acceptance.

13.9. The Contractor independently in accordance with and in compliance with the requirements of current legislation of Ukraine determines the terms of this Agreement and its annexes, which are its integral parts. The Contractor has the right to change and / or supplement the terms of this public Agreement and its annexes, including the rules for providing and receiving Services under this Agreement. In this case, the Contractor guarantees and confirms that the current version of the text of this Agreement and its annexes, including the rules for providing and receiving Services under this Agreement, posted on the Contractor’s Website, is valid.

PERFORMANCE DETAILS

Individual entrepreneur

Kvasha Andrey Vladimirovich

Legal address: Ukraine, 49000, Dnipropetrovsk region, Dnipro city, Topolya-1 railway station, building 15, building 2, apt.

Postal address: 49040, Dnipro, a / s 2462

Tel: +48888841774

e-mail: hello@welovebrands.agency

r / r IBAN: UA213052990000026007050545997, MFO-305299, in JSC CB “PrivatBank” USREOU 3172414495, TIN 3172414495